Board Chair Stephan Morse wrote in a reply to independent Reps. Oliver Olsen, of Londonderry, Adam Greshin, of Warren, and Laura Sibilia, of Dover, that their complaint under the Executive Code of Ethics should be made to the governor.
“The executive order provides that only the governor or his appointed agent shall have the power to sanction any violation of the order. The State Board of Education is not the governor’s appointed agent,” Morse wrote. He told the lawmakers that “your specific allegations should be directed to that office.”
The lawmakers say board member William Mathis has a conflict of interest regarding controversial proposed new rules for private schools that wish to receive public tuition dollars.
Mathis manages the National Education Policy Center, a nonprofit research group at the University of Colorado that has produced papers critical of charter schools and vouchers. The two national teachers unions are among the center’s funders, but Mathis has said they are not the largest source. The other funders include the Ford Foundation and Atlantic Philanthropies.
Mathis said he has been open about his work affiliations and is paid by the University of Colorado.
The lawmakers were concerned about the timing of the changes to the rules coinciding with Mathis’ tenure on the board, which began in 2011.
The ethics code requires people appointed to offices and boards to act in a way that instills public trust and confidence. While serving the state, they are supposed to avoid any actions that call into question their independence. Appointees are also expected to eschew payments from anyone whose activities are regulated by the board or office they serve.
Olsen said he and his colleagues will need to think about their next steps. “We wanted to provide the State Board of Education with an opportunity to consider the questions raised in our letter. We will need some time to consider the response from Chairman Morse,” he said.
In his response, Morse referred the lawmakers to the Vermont attorney general’s legal opinion that said the state board has the authority and responsibility to promulgate rules relating to private schools.
Morse added that the board is updating the rules to align them with the law and said the board believes the amendments will “expand school choice by making it available to more students” through open enrollment policies.
