See you in court, Watson Chapel -- UPDATE
The Watson Chapel School District has followed through on its threat to suspend students who wore black armbands to school today in protest of the school district's uniform policy. Rita Sklar of the ACLU says the organization will follow through on its promise to sue in fedeal court. She says:
They are suspending students as we speak. Some are being given the choice to take them off or be suspended. some have reported taking them off and not being sent home. At least one reported having said no at first and then doing so and getting suspended anyway. Also, I hear teachers are throwing the armbands away or telling the kids to do so. We will be in federal court early next week, perhaps Monday.
Yesterday we contacted the attorney for the school district. They were forewarned. We did not hear back from nor could we reach the attorney after that.
Watson Chapel has required uniforms since 1999, but stirred up some families by taking steps this year to write the guidelines in a way that they'd be more consistent. There might have been differences, for example, in the types of khaki pants found acceptable in the past in junior high vs. high school.
The school district believes that, while a famous Supreme Court case allowed the wearing of armbands as a war protest, another Fifth Circuit court decision supports their actions. We disagree. The Canady v. Bossier case held that a uniform requirement was not a violation of First Amendment rights in itself. But that case did not address a case in which student protested not the uniform, but the inability to protest by wearing an armband. In short, can a uniform rule be used to override the First Amendment? We hope not. In the Louisiana case, the court held that the uniforms alone did not contain "sufficient communicative content" to merit protection for clothing under the First Amendment. Clearly, however, the armbands contain such content.
UPDATE: Please see a thoughtful essay on this subject filed as a comment on yesterday's post by a former Watson Chapel teacher.
UPDATE II: Opponents of the uniform policy say they've finally been given a slot to air their grievances before an extended meeting of the school board Monday night.
Also:
Superintendent Danny Knight said the uniform policy is progressive. A first violation results in a warning, future violations can have lengthening suspensions. Today, he said, about six high school students had been warned or suspended for wearing armbands and 24 or 25 junior high students, many of them who’d been multiple violators othe uniform policy.
Knight said the rules are clear that “any attempt to defeat the policy” is prohibited. “I guess if the ACLU wants to pursue it they have that right.”
He added: “I’m old school. A child is in school for six and a half hours a day and it’s not too much to ask in order for us to have a safer environment for you to go to school in.”
He said the district tried to be “fair and consistent and I think we are.”







Comments
Obviously George Bush learned all he knows about totalitarian tactics when he was in high school and college.
Arkansas schools have given a great lesson this week on the first amendment and how to ignore it.
Posted by: Spirit
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October 6, 2006 01:11 PM
Hey Rita.....while your already at the court house, why dont you file a Free Speech Suit on behalf of Caleb's free speach rights against Boss Hog???
Posted by: R4L
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October 6, 2006 01:15 PM
well, a little different from the 60's but another generation opposed to suppression and tyranny.
Hope they keep up the good fight.
Of course officials are following the example of Bushbots, destroying expression, destroying Constitutional Admendments 4, 5, 6, 8. After all it's "just a peice of paper." Dark clouds everywhere hovering over the Republic.
Posted by: Lwood
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October 6, 2006 01:28 PM
I have often wondered about the education colleges who turn out these people to be public school administrators. Do they not have mandatory courses in what the Supreme Court has ruled on such issues for public schools and administrators? Do these people just pass these courses without even a hint of what the legal recourses are for such actions?
I have always contended that individual lawmakers should have to pay out of their own pockets the costs of any court cases their laws bring on rather than the taxpayers (such as the 1981 Creation Law that cost us about $900,000). If they did, they might think a lot longer before enacting such stupid laws.
The same thinking should be applied to school administrators and school board members. If they have to pay out of their own pockets (which in some cases they have to) for civil rights violations then they would not rush into such dangerous territory without thinking. But they seemingly never learn.
Posted by: Rasputin
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October 6, 2006 02:47 PM
Perhaps you have caught this story. I think these administrators all graduate (?) from the same school.
http://www.dallasnews.com/cgi-bin/bi/gold_print.cgi
Posted by: Rasputin
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October 6, 2006 03:09 PM
Remember, we must protect the children.Since the shootings in CO and PENN were from outsiders, not students, then why shouldn't all school staff also wear uniforms? Hey, Mr Super have you got your khaki pants and one color polo shirts or should your uniform be a black suit, white shirt and only one solid color tie? Mr. Knight don't you think your pay check of $118k + requires more than telling what type of tee shirts students can wear?
Posted by: saywhat
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October 6, 2006 03:19 PM
As a former teacher, I always found that what was on the inside of a child was more important than what was on the outside. Also, we were the place where a child learned about freedom, justice, accepting differences, and to be an independent thinker.
Watson's Chapel seems to have lost sight of that. They should likewise follow that ancient oath of medicine: Do no harm. It is the administrators of this policy who need to be suspended for ignoring basic rights granted to all Americans.
Posted by: Jake da Snake
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October 6, 2006 03:49 PM
Since my Dallas News url doesn't work I will just post the account:
Teacher: Reprisals began after field trip
Frisco ISD: 5th-graders saw nude art; board supports principal
07:38 AM CDT on Thursday, August 24, 2006
By KAREN AYRES / The Dallas Morning News
FRISCO - A veteran Frisco art teacher says school administrators have retaliated against her because a student reportedly saw a nude sculpture during a field trip to the Dallas Museum of Art.
District officials say they are supporting a principal who reprimanded Sydney McGee over the field trip and other performance issues.
At Ms. McGee's request, the situation was aired in public during a school board meeting Monday.
The school board rejected a request that would have allowed Ms. McGee to transfer to another school.
Ms. McGee told the board that the principal of Fisher Elementary School criticized her performance and threatened her job after a parent complained about the April field trip.
Ms. McGee's attorney, Daniel Ortiz, said she didn't receive any negative reports until shortly after the field trip.
"This case is about censorship. ... It's about retaliation front and center," Mr. Ortiz told the board.
Ms. McGee, who has taught in various Texas districts for 28 years, said she visited the museum and spoke with museum staffers before the trip to ensure that it was appropriate for the fifth-grade class. Ms. McGee said she does not know which piece of art offended the parent, and the district did not identify it.
Ms. McGee said principal Nancy Lawson called her into a meeting the day after the trip to admonish her about the parent's complaint. Shortly thereafter, she received a negative review and a series of directives about displaying student artwork and creating lesson plans.
"You have to start somewhere when you've seen things you don't believe are in the best interest of the students," Superintendent Rick Reedy said.
In a memo to Ms. McGee, Ms. Lawson wrote that students were exposed to nude statues and other nude art representations during the trip. Ms. Lawson said she received complaints from parents and other teachers about the trip.
Ms. McGee said Monday that she was afraid of being fired. Ms. Lawson told the board that she planned to have Ms. McGee return to Fisher this fall.
Ms. McGee said she sought to resolve the issue by requesting a transfer.
"There was such hostility, I didn't feel like that was a good environment," she said.
That grievance and another transfer request were rejected by administrators. The school board unanimously upheld those decisions Monday night.
Some board members said it appeared that Ms. Lawson was trying to improve the art teacher's performance and should be allowed to do so.
"It is a principal's job and their duty and responsibility to give directives to the people who work for them, and I don't want to circumvent that process," board president Buddy Minett said.
Board members said there were other performance issues in question beyond the trip complaint.
But Ms. McGee and her attorney said there is a clear connection.
"She made a great effort to see to it that the April 26 field trip was in fact a big success," Mr. Ortiz said. "Apparently one parent complained, and that changed Sydney's work."
Posted by: Rasputin
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October 6, 2006 04:18 PM
You'd think an educated man would appreciate students who've paid attention in civics/history/government classes and appreciate the democratic value of activism.
But evidently this superintendent thinks demanding conformity and obedience is more important than allowing the expression of free speech.
At least they'll be good little Republicans one day.
Posted by: zelda
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October 6, 2006 04:20 PM
Not only does Supt. Knight draw more than $118,000 per year in salary, he was T-DROPed in the Teacher Retirement System for the maximum 10 years, and still continues to work.
Maybe he should finally retire and turn it over to someone who is grounded in the 21st century.
Posted by: Old Blue Eyes
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October 6, 2006 05:31 PM
I wonder if these kids changed their black arm bands to a American flag would they still be suspended. Hmmm, now if this were to happen kids would have to say the Pledge Allegiance to the flag but would not be able to wear a American flag.
Posted by: Riverdog
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October 6, 2006 09:05 PM
From the Watson Chapel Student Handbook: "1.Principals shall not allow individual exceptions-even for short periods of time-on any basis other than minimal variance to accommodate a documented handicapping condition."
From the Arkansas Code: " 6-18-102(c) Any school uniform policy adopted by a school district shall provide for individual students to make application to opt out of the uniform requirements with parental consent where no other reasonable alternative placement for the student exists." The WC handbook does not allow for this. Also, I find it very interesting that Arkansas law allows the following for teachers: "Any teacher may wear the clothing of any established and recognized religion in the public schools and institutions of this state. " but does not offer this right to students.
Posted by: saywhat
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October 6, 2006 11:20 PM
Way to go, saywhat, for your research.
I see many problems which hopefully the Courts can settle.
Posted by: BlueRidge
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October 6, 2006 11:38 PM
Um, I don't think you are supposed to wear the flag...
Posted by: starbuck
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October 7, 2006 09:29 PM