September 25, 2020

From the Desk of Dr. Davis, HPS Superintendent | HPS Policies on Student Political Speech

HPS remains committed to upholding Federal law and protecting our student’s constitutional rights, while maintaining a safe and orderly learning environment free from disruptions for our students.

Dear Holland Community,

Students today are connected and tuned in to politics more than ever. They are concerned about their schools, their community, and our country. They are aware of the civil unrest and challenges to equality. They seek to make a difference and be a voice for those who may not have one. They seek to find appropriate ways to learn more and share more from and with each other. 

Today, there are countless opportunities to discuss these topics and many more. From local current events, to national or global affairs, developmentally appropriate conversation supported at home is always encouraged.

As we approach Election Day, I want to remind our students and families about the District’s policies on student political speech and demonstrations. I recognize that the election at the local and federal level will be a topic of discussion for many, as it should be. The ability to engage in critical conversation debating key issues in a constructive manner is healthy. While our teachers are not in the position to express their own political views as part of their professional responsibilities at school, our students in some cases may.

HPS remains committed to upholding Federal law and protecting our student’s constitutional rights, while maintaining a safe and orderly learning environment free from disruptions for our students. Student safety and academic accountability are two of our key priorities. 

The U.S. Supreme Court has explicitly ruled that whether a student is in a classroom or on the playing field, the student may express his or her opinions, even on controversial subjects. For example:

  • Taking a knee during the National Anthem 
  • Refusing to recite the Pledge of Allegiance
  • Wearing clothing or other expressive activity supporting a political candidate, party, or campaign

Students do not shed their First Amendment right to freedom of speech when they attend school or school-sponsored events. Tinker v Des Moines Indep Cmty Sch Dist, 393 US 503 (1969). West Virginia State bd of Educ v Barnette, 319 F3d 172 (CA 3, 2004).

As a result, a school’s authority to discipline or censor a student for speech or expressive activity, is limited to situations where a school official reasonably believes that the speech will substantially and materially interfere with schoolwork, discipline, or infringe on the rights of other students. School officials must show a substantial disruption or a reasonable forecast of a substantial disruption to justify imposing discipline on a student for his or her speech.

HPS Policy does not allow for:

  • Unplanned student protests or walkouts that violate attendance policies
  • Speech, clothing or other expressive activity that contains words or images that are deemed threatening or disruptive
  • Speech, clothing or other expressive activity that represents gang affiliation
  • Any disruptive speech as defined in the student handbook

In a society often divided by our political views, conversations about current events and social issues can be difficult for all of us. Our teachers, administrators, and coaches continuously work to create a school culture where ALL students at Holland Public Schools are heard and feel safe. I believe our district policies, informed by rulings of the Supreme Court on numerous 1st Amendment cases, support these efforts.

While we may not always support the choices our children make, or agree with the way they express their beliefs, we should be so proud of their awareness of what is happening in the world around them and continue to encourage their desire to make a difference in our community. 

The District believes patriotism and love of country should be encouraged and celebrated in our school activities, as reflected in our school policies. It is my hope over the next several weeks that we take the opportunity to lean in and listen to each other, learn from one another, respect differing points of view, and find common ground for action. 

Keep in mind, the way we handle these difficult conversations as adults at home, what we choose to wear, what sign we post in our yard, what we watch and respond to on social media, what we do in our personal/professional circles, are all models for our children to follow. We are always in the role of teacher, and this will be a great opportunity to teach them about civic engagement in healthy and constructive ways. 

Dr. Brian Davis

 

HPS Superintendent