Parents and citizens in multiple states around the country have taken to filing complaints against their local school boards through Surety bonds and other insurance policies in order to see changes in masking, Critical Race Theory (CRT) and other school materials policies.
Despite mainstream media attempts to label the strategy with propaganda buzz such as “paper terrorism,” “sham legal claims” and “baseless,” parents are winning.
🔹In October, 2021, Steve Socha in Ohio told the Indian Creek school board he intended to file a claim against their bonds unless they lifted their mask mandate for students.
“Either stand down or I personally assure you I’m going to (take action),” Socha said according to the Herald Star. “The wheels of justice will be brought before you. Many of you could be in violation under the laws and statutes. This ends tonight.”
At its next meeting in November, the Indian Creek board dropped the mask policy.
🔹On Jan. 27, 2022 all 10 members of the school board in Scottsdale, Arizona, were served with 10 Notices of Intent each for practicing medicine without a license, child abuse, and inappropriate sexual material in school libraries. Each claim has a liability value of up to $100,000.
🔹In Alaska, the Anchorage School Board is facing similar actions.
🔹Recently, parents in North Carolina have taken notice of the bond complaint strategy. School boards in some districts have been served with complaints, including Catawba, Dare, Iredell, Johnston and Wake counties.
Of those districts, only Wake County has resisted changing to a mask-optional policy.
Notices of Intent were filed against Wake County School Board members in January with a main demand that the district remove “all enforcement of policies that require universal masking/masking without parental consent.”
More parents across the country are planning to file similar measures against their school boards, especially those facing elections.
Iredell’s school board was served at the conclusion of its meeting on Feb. 7 demanding an end to masking, quarantining exclusion rules, and pornographic materials in the district’s schools. On Feb. 14, the board voted to make masks optional on the recommendation of their superintendent.
In Dare County, the school board was served at its Feb. 8 meeting with 28 Notices of Intent against the district’s Linebacker Errors & Omissions liability policy by the Dare County Citizens for Constitutional Rights (DCCR). At that same meeting, the Dare Board voted six to one to make masks optional effective immediately.
Facing complaints to be filed by citizens, the Johnston County School board voted 6-1 on Feb. 8 to make masks optional. That happened on Feb. 14.
What are Surety bonds?
Surety Bonds are financial guarantees that bondholders will uphold terms of contracts specified in the bond agreement. All elected officials are required to be bonded and the idea behind these bonds is to protect the public from malpractice or fraud by the officials covered by the bond.
Some states have statutory requirements that local boards of education members must have a Surety bond.
Other states allows local boards of education to hold liability insurance, and therefore waive its governmental immunity, to cover damages caused by certain actions of agents or employees of the local board.
A website called “Bonds for the Win” outlines the Surety process, including state codes and violations that can be used in complaints.
There are three parties involved in a Surety Bond:
1. the principal–the organization or person purchasing the bond and accepting the obligation to adhere to the terms. If the principal fails to adhere to the terms, the Surety can be held contractually liable.
2. the company offering the bond, and
3. the obligee–the person or entity covered by the bond. In most cases, the obligee is a local, state or public official, but it can also be companies or their officials, unions and even contractors.
To file a Surety bond complaint, a Notice of Intent to file a complaint which includes specific violation claims is sent to the bondholder. Typically, the notice gives a short timeframe for a response.
If the entity served with the notice doesn’t correct the violations within the specified response time, the next step can be filing a “Color of Law” violation notice. The federal Color of Law statute Title 42, U.S.C., Section 14141 is designed to defend the civil rights of citizens and to keep any authority from using its power to willfully deprive a person of their constitutionally protected rights and privileges.
Once the claim against the Surety bond is filed, the company that issued the bond investigates. If the claim is found valid, the official the claim is filed against can submit a defense or they can provide a solution to the issues raised that includes financial compensation to the claim filer.
Filing 10 or more separate complaints against the bondholders can result in bond cancellation and make getting a new bond harder. For some elected officials, being unable to obtain a new bond can mean removal from office.
“If we cannot summon the will and the wherewithal to stand up for the children in our lives, we have little hope of standing up for the rest of society.“
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