March 3, Ensuring that administrators and students of all religious backgrounds are welcome at McBain Rural Agricultural Schools

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Susanna Fields
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1 ACLU AMERICAN CIVIL LIBERTIES UNION of MICHIGAN State Headquarters 2966 Woodward Avenue Detroit, Ml Phone Fax Legislative Office 115 West Allegan Street Lansing, Ml Phone Fax Wes~ Michigan Regional Office 1514 Wealthy SE, Suite 242 Grand Rapids, Ml Phone Fax March 3, 2015 By U.S. Mail, by fax to (231) and (989) , and by to Chad Brunink, President Board of Education McBain Rural Agricultural Schools 1 07 East Maple Street McBain, Ml Scott Crosby Michael Wilmot Michigan Leadership Institute P.O. Box 62 Ossineke, Ml Re: Ensuring that administrators and students of all religious backgrounds are welcome at McBain Rural Agricultural Schools Dear Mr. Brunink, Mr. Crosby and Dr. Wilmot: Last week the American Civil Liberties Union of Michigan received a complaint about the McBain Rural Agricultural Schools' position announcement for a new superintendent. The written position announcement, attached as Exhibit A and currently posted online, 1 states that the public school district is "seeking a leader who possesses," among other things, "[a] strong Christian background and philosophy." There is no principle more fundamental to American public education than the requirement that schools be welcoming of all students, employees and administrators regardless of religious or ethnic background. Our Constitution wisely requires public schools to remain neutral in matters of religion. When a school favors one religion over another, or religion over non-religion, students and teachers who do not subscribe to the favored religion are made to feel like they do not belong. As the Supreme Court has stated, "[s]chool sponsorship of a religious message is impermissible because it sends the ancillary message to members of the audience who are nonadherents 'that they are outsiders, not full members of the political community, and an accompanying message to adherents that they are insiders, favored members of the political community."' Sante Fe lndep. Sch. Dist. v. Doe, 530 U.S. 290, 309 (2000) (quoting Lynch v. Donnelly, 465. U.S. 668, 699 (1984)). 1 See (last accessed on Mar. 2, 2015). Kary L. Moss, Esq. I Executive Director Loren Khogali, Esq. I President Mark Granzotto, Esq. I General Counsel

2 By listing a "Christian background and philosophy" as a job requirement for a new superintendent, you are likely violating numerous federal and state laws, including the Establishment Clause and Equal Protection Clause of the United States Constitution, the corresponding guarantees of the Michigan Constitution, Title VII of the Civil Rights Act of 1964, and Michigan's Elliott-Larsen Civil Rights Act, all of which prohibit public schools and/or employers from discriminating based on religion in hiring. Of course, there is nothing wrong with a public school district hiring a superintendent who happens to be religious. However, the religious beliefs of a candidate for an administrative position in a public school system cannot be the basis for a hiring decision. Furthermore, candidates of any religious background, or no religious background, must be welcome to apply and must be given full and equal consideration for the position. We hope that you will respond to this letter by explaining that the inclusion of the "strong Christian background and philosophy" criterion was somehow a mistake and that you will change the job description right away. Even if it was a mistake, however, we are distressed by how many administrators and staff must have read the job announcement without thinking it was wrong or demanding that it be changed. Moreover, we wonder how many excellent candidates who are Muslim, Jewish or not religious read the job description and decided not to apply because they believed they were not wanted. Indeed, how many top-notch candidates who are Christian decided not to apply because they thought it was improper to impose a religious test on a public school administrator? We find this situation particularly troubling because the February 11, 2015 meeting minutes of the McBain Rural Agricultural Board of Education reflect that all seven members of the board "approve[ d) the language for the posting of the superintendent position." 2 Additionally, the search for a new superintendent is apparently being conducted by the Michigan Leadership Institute, a professional firm that specializes in assisting public school districts locate new superintendents. Mr. Crosby, the contact person on the position announcement, has been in public education for decades and is a former public school superintendent himself. Michigan's public schools must create a welcoming, inclusive environment where all backgrounds are respected. Please write back to assure us that you will immediately post a new job announcement and clarify that having a "Christian background and philosophy" is not a requirement for becoming superintendent of your school district. Very truly yours, 2 See (last accessed Mar. 2, 2015). 2

3 ~ i1x~;()~ Steve Morse, Chair Northwestern Michigan ACLU Lawyers Committee ACLU of Michigan (231) Daniel Korobkin Deputy Legal Director American Civil Liberties Union of Michigan 2966 Woodward Ave. Detroit, Ml (313) lvtjvc.. ~I Ot- Marc Allen, Legal Fellow American Civil Liberties Union of Michigan 1514 Wealthy St. SE, Suite 242 Grand Rapids, Ml (616)

4 Exhibit A

Position Announcement: Superintendent About the District McBain Rural Agricultural School is located in Missaukee County just south of the line between Cadillac and Houghton Lake on M-66.

5 Position Announcement: Superintendent About the District McBain Rural Agricultural School is located in Missaukee County just south of the line between Cadillac and Houghton Lake on M-66. McBain is a close-knit and caring farm-based community known for dairy and crops.the McBain area offers many recreational opportunities including hunting, fishing, horseback riding, and numerous other outdoor activities. The McBain Rural Agricultural School has a reputation for quality, technology-infused educational programs. Instruction is offered in three connected school buildings: elementary (K-4), middle school (5-8) and high School (9-12). Dedicated employees at every level, a culture of collaboration and cooperation, and outstanding community support are hallmarks of the district. Points of Pride for this Outstanding School District Include: One to one technology device usage and integration throughout the K-12 system Online credit, direct credit and dual enrollment opportunities for students Strong music and arts opportunities throughout K-12 system A community school foundation supporting educational pursuits International travel learning opportunities for students Outstanding, updated school facilities on a single campus Currently building a new 500 seat auditorium provided for by a community donor In second year of funded ten-year transportation/technology replacement cycle District Data: Enrollment 1,110 Teachers 51 Administrators 5 Central Office Staff 2 Support Staff/Other Staff 27 Foundation grant per pupil* $7,251 Projected fund balance $2,323,580 Annual Operating Budget $8, 790,530 Non-Homestead Levy 18.0 mills Debt Retirement 1.95 mills *Includes Best Practice and Equity 2/12/2015

6 For more information about McBain Rural Agricultural School see the district website at Selection Criteria McBain Rural Agricultural School is seeking a leader who possesses the following qualities, characteristics and skills: Prefer a Masters of Arts degree in Educational Leadership, Curriculum, or related degree with significant related experience the most important aspect At least five years of progressive leadership experience as a Principal or district leader A minimum of five years of teaching experience Strong technology curriculum and use experience Experience in bond and construction projects Collective bargaining experience Strong financial background Willing to develop a strong rapport with students, staff and community A strong Christian background and philosophy A role model with integrity Community leadership experience A broad-based knowledge of school operations A person who participates with, involves, and values a rural community Salary and Contract Information The Board will offer a comprehensive, multi-year contract. Compensation will be commensurate with experience of the successful candidate and requirements of the position. Application Procedure Interested candidates should complete and submit the Michigan Leadership Institute on-line application found at or Completed on-line applications must be submitted no later than 4:00 p.m. on March 26, No hard copy, fax or ed copies will be accepted. All materials will be treated confidentially through the screening process only upon the written request of the candidate. All questions regarding the search should be directed to Scott Crosby, Michigan Leadership Institute Regional President for West Central Michigan, crosbylimitedllc@gmail.com or (231) /12/2015

7 Search Timeline February 11, Position announcement approved and posted March 26, 2015 at 4:00 p.m. - Deadline for applicants March 31, 2015 Board screening and selection of applicants April 16 and 20, 2015 Initial interviews April 23, 2015 Second interviews, if needed May 13, 2015 Board action to hire next superintendent Board of Education Chad Brunink President Mike Sweet Vice President Kevin Kelley Secretary Cindy Sieland Treasurer Karen Abrahamson Trustee Jeremy Hamilton Trustee Phil Lucas - Trustee The Board may make exceptions to this profile, process and/or time line to ensure selection of the best possible candidate. The services of Michigan Leadership Institute have been secured to assist the Board in the search process and in the screening of candidates. The Board of Education will make all decisions with respect to process, evaluation of candidates, and appointment of the successful candidate. Candidates should not contact board members directly. McBain Rural Agricultural Schools is an Equal Opportunity Employer. 2/12/2015

RELIGION IN THE PUBLIC SCHOOLS

RELIGION IN THE PUBLIC SCHOOLS BACKGROUND RELIGIOUS LIBERTY IN AMERICA & OUR PUBLIC SCHOOLS Since its founding in 1913, the Anti-Defamation League (ADL) has been guided by its mandate of combating bigotry,