Forest Hills moves to dismiss lawsuit over anti-critical race theory resolution
The Forest Hills School District filed a motion Wednesday to dismiss the lawsuit that some parents, students and teachers filed in June over a board resolution to ban critical race theory. The lawsuit is based on parents' "fears of what might happen" and not existent or imminent injury, the board's attorney wrote.
"The District and the Board of Education remain committed to pursuing the mission, vision and values of FHSD andmaintaining a focus on student learning and achievement," a Wednesday statement from the district reads. Forest Hills "looks forward to working with all stakeholders in the community to build upon the District’s legacy of excellence."
The district's full statement and its court filing can be found at the end of this story.
The "Resolution to Create a Culture of Kindness and Equal Opportunity for All Students and Staff," which passed 3-2 during a regular board meeting over the summer, limits student instruction, staff training and hiring practices from incorporating critical race theory, intersectionality, identity and anti-racism. The resolution is not in effect while the lawsuit looms.
Here are community members leaving the school board meeting following the board’s passage of the anti anti-racism resolution. @Enquirer pic.twitter.com/dL4azHi4Y7
— mad mitch (@maddiemitch_) June 23, 2022
Forest Hills serves about 7,000 students in Anderson Township, a suburb of Cincinnati. About 87% of the district's students are white, according to state data.
Attorneys Kelly and Nicole Lundrigan, who are parents of four students currently enrolled at Forest Hills, filed a lawsuit in U.S. District Court in Cincinnati against the district, new superintendent Larry Hook and board members Sara Jonas, Linda Hausfeld, Bob Bibb, Katie Stewart and Leslie Rasmussen a week after the resolution passed. The Lundrigans represent seven parents and six minors.
"This Resolution makes students of certain colors, races and identities and their families to not feel welcome. If this is not seen as a problem by our Board, that concerns me even more," Sarah Updike, who is also a teacher and intervention specialist in the district, wrote on her own behalf in the lawsuit.
On Wednesday, district attorney Bernard Wharton filed a motion to dismiss the case. The newly filed court documents state that Hook "has not identified any school board policies that need to be revised as a result of the resolution" and the resolution has not prompted any new bylaws, policies, changes in administrative guidelines or changes in curriculum.
The complainants "have failed to claim an injury that is fairly traceable to the resolution because they have suffered no harm nor are they likely to," the motion reads.
The motion asks Judge Michael Barrett of the Southern District of Ohio to dismiss the suit against each individual board member, and against Hook, who was not employed by the district when the board adopted the resolution. His first day as superintendent was Aug. 1.
"He had no role in drafting or passing the resolution as that occurred on June 22, 2022," the motion reads. "Certainly, Mr. Hook can bear to responsibility for the drafting of the resolution as he was not employed at the time it was passed."
Official statement from Forest Hills, released Wednesday afternoon
"Attorneys representing Forest Hills School District filed a motion today to dismiss the lawsuit filed in regards to the Board's resolution passed on June 22, 2022. The District and the Board of Education remain committed to pursuing the mission, vision and values of FHSD and maintaining a focus on student learning and achievement.
"While the District and the Board respect the judicial process, it is their shared belief that this lawsuit should be dismissed. The Plaintiffs lack standing to pursue the claims and have not indicated a claim upon which relief can be granted. Additionally, the Court lacks subject matter jurisdiction. The motion to dismiss is consistent with the Board’s legal authority to adopt the Resolution that promotes kindness and equality for students and staff.
"FHSD looks forward to working with all stakeholders in the community to build upon the District’s legacy of excellence. That excellence encompasses academics, arts and athletics and is built upon the outstanding leadership of our staff, students and community."
This article originally appeared on Cincinnati Enquirer: Forest Hills moves to dismiss lawsuit over anti-CRT resolution
