Our sympathy goes out to the victims and those affected by the horrific tragedy at Marjory Stoneman Douglas High School in Florida. It’s truly an educator’s worst nightmare. In response, non-profits and students throughout the nation are organizing several planned student walkout demonstrations. Women’s March, March for Our Lives, and The National School Walkout are all planning separate demonstrations on March 14, March 24, and April 20, respectively. This special edition of Education Connection, along with advice from your legal counsel, will help you prepare for these and other similar events planned in your area.
There are many considerations regarding student walkouts that require your attention. Outlined in the U.S. Department of Education’s Lessons Learned newsletter are step-by-step actions for school districts to consider before, during, and after a walkout demonstration. This newsletter recaps lessons learned from Los Angeles Unified School District’s experience with walkouts that first occurred in 1968. Since then, they have revised their approach and developed concrete steps to prepare for such events.
Issues not addressed by the Department of Education’s newsletter are free speech and attendance. In 2009, the Ninth Circuit Court of Appeals addressed the issue of free speech. In Corales v. Bennett (9th Cir. 2009) 567 F.3d 554, it affirmed that students do not have a free speech right to violate their school’s anti-truancy policy in order to participate in a protest. Also, Ed. Code 48205 does not deem participation in a student demonstration or walkout as an excusable absence.
According to the California Department of Education there is a provision that gives districts leeway to excuse absences, if so desired. Ed. Code 48260(c) states that a valid excuse may include other reasons that are within the discretion of school administrators based on circumstantial facts. This appears to give districts some flexibility in how to address attendance during a walkout. Ultimately, it is a district choice, but that decision should be carefully thought out and consistent with actions taken in the past and actions willing to be repeated in the future. Keep in mind that there may be backlash from your community if students are marked as unexcused.
Even though school districts should not condone walkouts, they are still required to implement measures to ensure the safety of students during a demonstration. Prohibiting students from attending the event is not enough to protect the district from potential liability. Because the event is foreseeable, schools must take appropriate action. If a student is injured during a preplanned demonstration, the school may be found passively negligent unless they have exercised due diligence.
Whether a walkout is planned or not, this might be an opportune moment to inform parents and students of your current and/or planned efforts to prevent violence on campus. This can include a review of security/building improvements, a review of your active shooter procedures, and most importantly, the role that students play in anonymously reporting potential threats via your platform of choice (STOPit, WeTip, etc.).
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Additional resources offered through the EIA include STOPit’s anonymous reporting application and the Safe School Ambassador program. As a member of EIA, you receive negotiated discounts with these preferred vendors.
For more information on this or other topics, contact the EIA's Loss Prevention department. |
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