I reported yesterday that an administrative law judge found that the school board of Douglas County, Colorado, had violated the state’s fair campaign practices law by commissioning Frederick Hess to write a paper extolling the school board’s agenda of privatization.

But when I read the story in the Denver Post, I realized that the school board had been even more active in promoting its agenda than commissioning a favorable report. 

The suit was brought after a complaint by Julie Keim, a candidate who lost in the recent election. The reform slate won.

According to the Denver Post:

The judge did not fine the school district for the violation, citing that Keim had not requested such action.

School district officials said they plan to appeal the decision. Board president Kevin Larsen argued that the ruling would “silence all public entities for months on end.”

“The judge seems to have concluded that it is a violation of law anytime the district disseminates positive news involving its education policy agenda if there are also candidates for school board who support that agenda,” Larsen said in a statement. “The district does not agree with that interpretation of law.”

Larsen also said that the district planned to seek reimbursement for litigation costs on the complaints dismissed by the judge.

Those complaints included allegations that the district violated fair-campaign practices when its fundraising arm paid former U.S. Education Secretary William Bennett to write a report and give a speech before the election, when school officials stopped some volunteers from placing campaign fliers on cars during after-school events, with a Facebook post that alleged an audit of Keim, and when posting notices on a couple of charter school websites mentioning campaign forums or events that excluded certain candidates.

Questions:

Should a school board be allowed to spend public funds, supposedly collected from taxpayers for educating children, on its election campaign? Would all “public entities” be “silenced for months on end” if they were unable to spend public funds on their campaign?