Howard's process for electing student member of the school board affirmed by federal court

Feb. 29—By Thomas Goodwin Smith — thsmith@baltsun.com

PUBLISHED:February 29, 2024 at 10:29 a.m.| UPDATED:March 2, 2024 at 1:38 a.m.

The Howard County Board of Education's process for selecting a student representative does not violate the constitutional voting rights or free practice of religion of county residents, according to an opinion issued Wednesday by the U.S. Court of Appeals for the 4th Circuit.

The court affirmed the November 2022 dismissal of a lawsuit filed in March 2021 that argued students who attend religious schools in the county are wrongfully not included in the voting process for the Howard County Public School System's student Board of Education member, and that allowing public school students to choose a representative on the school board violates the constitution's equal protection clause by diminishing the voting power of adults.

The plaintiffs lost the case in November 2022 but appealed to the U.S. Court of Appeals for the 4th Circuit in May. The 4th Circuit on Wednesday stated:

"The district court dismissed the equal protection claim after determining that the student member is not elected in a constitutional sense. At the same time, the district court dismissed the free exercise claim, in part because the process for choosing the student member excluded religious and nonreligious students alike, making the rule neutral and

generally applicable. We affirm the dismissal of both claims."

Judge Marvin Quattlebaum Jr. wrote the opinion and was joined by Chief Judge Albert Diaz and Judge Roderick Young in the decision.

The Howard school board's student member is one of eight voting members of the board charged with making decisions and administering policies about public schools in the county. Adult members of the school board are elected by the general public; the student member is selected by a vote of public school students in grades six through 11. The student member may vote on all school board issues except those pertaining to budgets, personnel or other restricted matters.

The initial lawsuit was filed by Lisa M. F. Kim, a parent of a student attending a religious school, and William F. Holland, a parent of two Howard County public school students. Kim and Holland are represented by attorneys at Public Interest Legal Foundation Inc., a nonprofit focused on election integrity, and The Smith Appellate Law Firm in Sykesville.

"We are disappointed in today's ruling," Public Interest Legal Foundation President John Christian Adams said in a news release. "In America, you should not give someone or a group of people greater political representation than anyone else. In Howard County, Maryland, that is exactly what is happening. Children voting for school board have greater representation than adults."

Oral arguments were presented to the court on Dec. 8. Adams said in December that he would appeal to the Supreme Court if the lawsuit did not succeed in the Court of Appeals.

Lauren Bowman Bis, Public Interest Legal Foundation's communications director, declined to provide further comment. She said in an email Wednesday evening that no statement indicating whether Adams still intends to appeal to the Supreme Court will be given at this time.

A total of 103 former student board members who served from 1974 to 2023 came together to submit an amicus brief, filed July 24, to assert that the original decision should be upheld.

The court found that Howard County's process for selecting the student representative is a constitutionally legal appointed position, rather than an elected official. According to the court, this means that the one-person-one-vote rule does not apply.

While two finalists for student board member are voted on by public school students in grades 6 through 11 in what is labeled an election, both are chosen by student delegates at a countywide student government convention.

For each Howard County Public School System middle and high school, student delegates are selected by a committee made up of the school principal, a student-government adviser or counselor and three students selected by the principal. According to the court, the school board controls the process and holds the power to approve the winner.

"Howard County's process for allowing its young students to participate in selecting the student member does not prematurely enfranchise them; rather, it provides a real-life civics lesson about the democratic process aimed at preparing the schoolchildren for when they will qualify to vote in elections held in Maryland. And from beginning to end, educators — who hold positions of power over their pupils — hold students' hands throughout the process. This educator-student relationship accentuates the board's dominance," according to the court.

The court also found that including a public school student on the school board does not violate the religious rights of students who choose to attend faith-based institutions because the Maryland law is neutral in its treatment of religious and nonreligious private schools.

"Howard County does not let any private schools, religious or nonreligious, participate in selecting the board of education student member. The process does not exclude students because of their religious exercise. Rather, it excludes students who choose not to attend public school for whatever reason," according to the court.

In Howard County, the student board member has had voting rights since 2007. Lamia Ayaz, a senior at Howard High School, is the county's current student member of the board. Student members receive a $5,000 scholarship for their service.

Local student board members have voting rights in Anne Arundel, Baltimore, Charles, Harford, Howard, Montgomery and Prince George's counties, as well as Baltimore City, so more than 75% of Maryland public school students are represented by a local voting student member. Additionally, Abisola Ayoola, who served as the student member of the Howard school board last year, now votes as the student member of the Maryland State Board of Education.

Howard County's student member of the school board has gained other legal attention in recent years. In 2020, two parents aimed to strip the student board member's voting rights after the student was the deciding vote that prevented a return to in-person learning during the coronavirus pandemic. Last year, the parents lost their suit, which was referenced in the litigation brought by Kim and Holland.

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