By John Schwing

WESTPORT — The recently adopted policy adding two high school-age, non-voting members to the Board of Education is being challenged by a town resident.

Camilo Riano, a frequent critic of school board policies and administrators, in a July 5 letter to First Selectwoman Jennifer Tooker, demands that the policy be voided, calling it illegal under town charter provisions.

The policy was adopted at the school board’s June 5 meeting, with members split along political party lines — the four Democrats voted in favor and three Republicans were opposed.

At the time, both board Chairwoman Lee Goldstein and Supt. of Schools Thomas Scarice said the board’s lawyer had given assurances that the bylaw adding two non-voting student representatives would not violate the town charter.

The policy, as amended, states the student representatives “participate,” rather than “serve” on the board, and specifies, “For the avoidance of doubt, student representatives are not elected nor are they members of the board within the meaning of the Town of Westport Charter, Section C7-1.”

However, citing the same charter provision, Vincent Marino, the lawyer representing Riano, contends it “provides that the board shall ‘consist of 7 elected members,’ … and does not establish ex-officio positions on the board or authorize the creation of those positions. Furthermore, the charter does not give the board the authority to increase its membership.”

The creation of what Marino called “ex-officio” Board of Education members is not only unauthorized under the charter, but “an illegal usurpation of legislative authority,” according to his letter.

And adding students to the board, according to the complaint, “dilutes the voice of duly elected” board members.

Riano’s complaint also notes that, within the board chairperson’s discretion, the student representatives  could even be given permission to sit in on board executive and negotiating sessions.

The letter demands Tooker “correct” what is described as  an “illegal and egregious action” by the Board of Education, although it is not clear that she would have the authority to do so. School boards are considered quasi-independent agencies, which primarily fall under the state’s jurisdiction in terms of policies and other matters.

How two student reps would be selected

Under the adopted plans, a Staples High School senior and junior would be chosen for the slots.

Interested students need a teacher’s sponsorship for their candidacy, and those recommended for consideration will submit an essay about why they hope to be selected. Interviews will be conducted, and names of the finalists will be submitted to the school board, which will make the final selection.

For the 2023-24 academic year, the selection process will take place this fall, with the two student reps installed following the Nov. 7 Election Day.

In subsequent years, the process would start in the spring for the next rising junior.

The idea was promoted as part of the school district’s strategic plan, “As the district increases student voice at each level, this effort is intended to provide student voice at the governance level, i.e the Board of Education.”

Officials react

The Westport Journal on Friday morning emailed Tooker, Scarice and all Board of Education members, but only Chairwoman Lee Goldstein and board members Dorie Hordon and Robert Harrington responded.

Goldstein, regarding Riano’s letter, said, “The policy was reviewed by our attorney, and there is no legal challenge before the Board of Education.”

The school board, she said, adopted the policy “following the board’s established process for developing new policies, which includes attorney review.”

The policy “permits two Staples students to participate in board-related matters to promote student input into decisions affecting the schools and to create a unique opportunity for student learning,” Goldstein added.

Hordon, a Republican who voted against the proposal, said, “Given that there has not even been a student government at Staples in recent years, it’s unclear why there was such urgency to push this through without more forethought and structure.

“Everyone on the board wants to hear from students, so we should have easily been able to arrive at a solution that all seven of us could agree on. Instead, we are now in a legal situation,” she added.

Harrington, another Republican who voted against the plan as proposed, reiterated those sentiments.

“This was all avoidable. It’s unfortunate to see a legal challenge,” he said.

“As a Board of Education member, we should have worked a little harder and longer to deliver a 7-0 vote. We should be celebrating this opportunity, but too many questions were left unanswered before the vote. This was rushed and chaotic.

“I get division on DEI or CRT, but on student engagement at the BOE? I am 100 percent confident we could arrive at a 7-0 unanimous vote. However, the Democrats just seemed to give up and rushed ahead,” he added.

“To be clear, the minority Republicans want to empower student voice. We still do. We want to hear from more students. We want to hear from them more often,” Harrington said. “Sadly, this became political and I simply don’t know why … I am in favor of empowering all student voices and getting feedback from all students. Every meeting, not just from two appointed elite students.” 

Marino, who said Friday he had not received a response to Riano’s letter, said that if the Board of Education wants to add student representatives, the correct way to do that is not by adopting a bylaw that contradicts the town charter, but by seeking to amend the charter with an ordinance requiring approval by the Representative Town Meeting.

Riano has history of raising questions

The complainant, Riano, is a familiar figure at Board of Education meetings, often commenting critically on school programs and administrative policies.

Last year, he and fellow resident Zack Alcyone challenged the composition of TEAM Westport, the town’s multi-cultural advocacy committee.

That complaint, which also was represented by Marino, contended TEAM was in violation of town charter provisions because its membership failed to conform with rules guaranteeing seats for minority political parties; that several members were not Westport residents, and that some members had served on the committee more years than allowed.

Tooker, after consulting with the Town Attorney’s Office, largely conceded the issues raised by Riano and Alcyone, and directed several new criteria for TEAM’s membership be implemented.

Read the adopted bylaw for Board of Education student representatives, as amended June 5, by clicking here for the meeting agenda, scrolling down to “Second Reading of Bylaw 9160, Student Representatives” and clicking on the highlighted attachment.

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John Schwing, the Westport Journal consulting editor, has held senior editorial and writing posts at southwestern Connecticut media outlets for four decades. Learn more about us here.