By Madelynn Coldiron
Kentucky School Advocate Editor
From expressing anger and fear over school shootings to showing support for their rallying teachers, Kentucky students in recent months have raised the bar for protests.
The question for school and district administrators – and their school boards – is how to handle these events in ways that protect the students, protect their First Amendment rights and protect the instruction they’re supposed to be receiving. One major key in these situations is not to wait until a walkout, on-campus walk-in or other form of protest happens, but to prepare in advance. That’s a big takeaway on the issue from guidance issued by the National School Boards Association.
Talk it out
NSBA suggests school or district leaders meet with stakeholders and the community to work out parameters like the time, place, length of the protest or walkout and other logistics. Stakeholders could include students, parents, staff, PTA representatives, community groups, law enforcement and local governmental officials.
Instructional focus
Consider a creative solution for students and teachers, NSBA advises. This could be a teachable moment in a civics class, an educational assembly, an in-school peaceful gathering, or a debate or other forum where students can express themselves. Make sure it is curriculum-based. Whatever vehicle is chosen, NSBA says, school leaders should realize they may be establishing a precedent. Caution: Don’t regulate political opinions and do include opposing political views.
Multiple scenarios
Have a plan for the different forms that a protest could take, whether walkouts or walk-ins, NSBA recommends. Decide in advance about consequences down to the classroom level in each scenario: Will students be able to make up work missed? Will their absence be excused or unexcused? All these decisions should be in line with policy, the code of conduct and what has been practiced in the past.
Legal and policy
If district leaders decide to endorse or make favorable comments about a protest or walkout, they should first check with district legal counsel. In general, be sure district response is not based on the viewpoint that the students are expressing. Consult district policy and the student code of conduct, and review state laws and regulations as they relate to attendance. NSBA recommends considering in advance how to handle any absences, and whether the district stands to lose state funding if attendance plummets.
Make sure employees at the central office and the schools know about the district’s public message on permitting any walkout or protest as a learning opportunity, NSBA advises. Be clear on who will be the district’s spokesman on this issue. Make sure to reinforce that staff should not promote their own views to students while on duty. Inform parents prior to the event, if possible, and communicate with them afterward.
Safety aspects
Check with local law enforcement agencies about safety aspects and their role, NSBA recommends. If the event is on campus, arrange a place for students to gather in an orderly way and set time limits. Make sure staff knows what their role is in a protest or walkout – are they to supervise students if the protest is on campus? Record their absence? Will there be any consequences for staff who participate along with students?
Aftermath
Don’t neglect to prepare for what happens after the event, NSBA advises – make sure there is a plan, well-communicated to students and staff, for getting everyone back to class and regular activities. Don’t wait too long afterward to discuss the district’s or school’s response. Designate staff beforehand who will participate in a debriefing, the national association recommends. Use the lessons learned in future staff training.
To regulate or not to regulate?
Depending on the scenario, school and district leaders have varying degrees of ability to regulate protests or walkouts. If students leave class at a specific time to gather on or off-campus, this is generally considered disruptive to education and schools may regulate this, NSBA says. Walkouts to off-campus sites raise the bar for safety concerns; because schools are obligated to provide student supervision during school hours, it’s especially advisable in that case for district leaders to consult law enforcement and legal counsel to determine the best response, NSBA advises.
Note: This information represents general guidelines and is meant to be food for thought, not a replacement for advice from district legal counsel. KSBA staff attorney John Fogle contributed to this column.