HSE school board discussed student handbook changes in a Google Doc. Is that allowed?

When the Hamilton Southeastern School Board met earlier this month to present stricter changes to the district’s dress code, board members had already discussed the proposals without public input.

Board members weighed several ideas, including significant changes to student handbooks, weeks before the start of the upcoming school year in a Google document IndyStar acquired.

The latest: HSE board approves dress code changes that could be a 'difficult sell' for students, staff

Public access experts earlier this week criticized the board's action for lack of transparency, with Indiana’s public access counselor describing it as a “slippery slope” from sharing a written document to breaking the law by holding a virtual meeting without public comment.

It's unusual for a school board to take on or draft policy in this manner, Indiana Public Access Counselor Luke Britt said.

In addition, the board could be inching closer to a virtual public meeting by having discussions outside of a public forum, which would not comply with the law, he said.

“If this were to present itself in a complaint, I would take a very hard look at what they're doing and likely be critical of it,” Britt said.

Indiana: How to request a public record in Indiana

The HSE school board has been the subject of open door complaints before from both current and former HSE school board members. Indiana Open Door Law states that all board meetings must be open to the public.

In one May advisory opinion Britt wrote that HSE’s board did not violate Open Door Law and in a second that same month, he concluded there was not enough evidence to determine whether a violation had occurred.

In an emailed statement Tuesday afternoon, Dawn Lang, the school board’s president, defended the board's actions, saying the document is not exclusively a school board document.

Rather she said, the district created it to "help streamline communication between the administration and School Board regarding various issues that effect [sic] the school district."

Dress code: Hamilton Southeastern board members want big dress code changes before new school year

In the document, board members asked HSE administrators to look over the material, saying the board had "consensus" on most points and to "revise, remove or add to the Student Handbooks" in advance of the July 12 meeting.

As of Tuesday afternoon, the district's spokesperson did not respond to an IndyStar request for comment.

Indiana University Associate Professor of Journalism Gerry Lanosga echoed Britt, adding that HSE's board violated the spirit of the Open Door law by sharing a document outside of public view.

"Even if they're not all working on the document at the same time, there is a collaborative element there they may be using other technology to communicate about it via text or cell phone as they work dynamically on this document, and then come into a full meeting where they take final action without having much discussion," Lanosga said. "The public is really deprived of that opportunity to be in on the deliberative part of that process."

Lanosga, who is on the board of the Indiana Coalition for Open Government, said that just because technology capabilities, like Google Docs, are not addressed specifically in the records or open door laws doesn't mean that they're outside the scope of those requirements.

What HSE board members said in the Google Doc

In the Google Document all seven board members shared, they go through the district’s current student handbook and draw up ways to address specific concerns. Many of those proposed changes appeared before the public at the board's July 12 meeting.

The main focus of discussion was the district's dress code, with some board members favoring stricter guidelines with more consequences.

At one point, board members had an extended debate, weighing what amount of skin is appropriate for young girls to show and when to confiscate cell phones among other topics.

Board member Tiffany Pascoe suggested a wider discussion about school uniforms for all students to "take managing this off the table for HSE staff."

In another place in the document, board member Sarah Donsbach states that the board is stepping outside of its oversight authority.

The Google document the board members worked on was also shared with HSE's administration, according to the document. It was not clear who created the document.

Pattern of controversial decisions by school board

Last year, four new school board members were elected in Hamilton Southeastern. The start of this board’s tenure and subsequent decisions have received continuous public backlash over issues, including removing microaggressions from student handbooks.

Members of the public opposed to their votes have frequently criticized the board for a lack of transparency and overreach of power.

The board meets Wednesday night where they are expected to vote on the 2023-24 student handbooks.

Board members could still push through more changes, though, at the last meeting the board seemed to have reached a compromise so that the bulk of the proposals will be discussed for next year rather than this school year, which starts August 9.

Some changes proposed to the dress code that would be implemented in a few short weeks include no hats or hoods during class time and stricter language on what type of revealing clothing will not be allowed.

Contact the reporter rfradette@gannett.com.

This article originally appeared on Indianapolis Star: HSE school board discussed student handbook changes in a Google Doc