The Legislature’s social equity caucus is criticizing Gov. Phil Scott’s appointments to the State Board of Education, saying they are not representative enough and were made without adequately consulting lawmakers.
“At this point in our history it is disappointing to see yet two more white men appointed to a Board already lacking in diverse membership without any meaningful conversation,” the caucus, which includes 105 legislators as well as community organizations, wrote in a letter to the Senate Education Committee on Wednesday.
The board includes eight full members who serve staggered six-year terms, plus two student members (only one of whom votes at a time) who each serve two-year terms. The secretary of education also sits on the board but does not vote. Scott, who won his third term in November, has now picked every member — including two in March.
Scott’s most recent appointees have yet to to be confirmed by the Senate, typically a pro forma process, but they have already taken their seats on the board. The caucus criticized the governor for swearing in his nominees “summarily and to our knowledge without the prior advice and consent of the Senate.” It also argued that doing so “did not allow for a fuller consideration of the candidates and whether they — and, moreover, the Board as a whole — are adequately representative of Vermont’s diverse school communities.”
Scott’s spokesperson, Jason Maulucci, defended the governor’s latest picks, Lyle Jepson and Tom Lovett, writing in an email that they would be “excellent board members.” In a subsequent message, he said “there is more work to do to increase racial diversity on state boards and commissions, in the legislature and throughout state government” and said “additional progress in this area was not made with these specific appointments.”
“One strategy we’ve recently attempted is to increase the size and diversity of our applicant pools, by promoting openings through press releases and stakeholder outreach,” Maulucci said.
As for the caucus’ concerns about the process, Maulucci said that according to state law, gubernatorial appointees “may validly function in that office” until the Senate decides to confirm them. Traditionally, he said, many appointees have indeed started work before getting the formal go-ahead from the upper chamber.
“This is unlike most presidential appointees subject to confirmation by the US Senate who, per federal law, do not assume office until they are confirmed,” Maulucci said.
Rep. Kevin “Coach” Christie, D-Hartford, who co-chairs the social equity caucus, said that while it may be true that gubernatorial appointees can start their work before the Senate confirms them, that doesn’t mean they should.
“It should be used as the exception instead of the rule,” he said.
Despite Vermont’s tradition of local control, the state board still has considerable influence, particularly writing the rules and regulations that fill in the blanks after legislation is passed. The body may soon be considering the implementation of a school finance overhaul, recommendations from the Ethnic Studies working group and how schools support students in the wake of the pandemic.
“All these topics will have a tremendous impact on the well-being of Black, Brown, Indigenous, and other People of Color, People with Disabilities, and LGBTQ+ students, and yet there are few Board representatives that can bring the lived experience and perspective of those communities to the forefront,” the caucus wrote in its letter.
State law also says that, “to the extent possible,” the board should “adequately represent all sections of the state,” and the caucus argues the body’s makeup is geographically skewed.
The caucus also wrote that while the board does not include any representatives from central Vermont, Burlington or the southeast corner of the state, it does include two members from St. Johnsbury and two from Manchester. That’s not exactly true: Two voting members hail from the Manchester area but live in Winhall and Londonderry. One lives in St. Johnsbury and another in neighboring Waterford. The caucus also argued that about half the board’s members have been associated with independent schools.
Sen. Brian Campion, D-Bennington, who chairs the Senate Education Committee, said he planned to ask a legislative attorney Friday to weigh in on the appointment process. He said he wasn’t convinced at this point that the Scott administration had done anything wrong procedurally, but he called the social equity caucus’s concerns about diversity “absolutely legitimate.”
“I’m glad they raised them, and I think this is an important conversation,” Campion said. “We’re having these kinds of conversations across the country right now, across this state, and we’re about to have that same conversation in committee.”
Correction: An earlier version of this story misidentified Sen. Campion’s district and mischaracterized board members’ towns of residence.