With regard to the upcoming walkouts planned for Wednesday,
I want to appeal to you that the appropriate thing to do is to allow the
walkouts but to record either an unexcused absence or tardy to those students
who participate. If the school wants to not “sanction” the event, then
they must record either an unexcused absence or tardy because, by not doing so,
the district is providing tacit approval for the action.
The First Amendment protects freedom of speech and of
religion among other rights. It is important to note that any claim made
under the First Amendment on the grounds of free speech must also be applied
equally to freedom of religion. In other words, if there is no unexcused
absence or tardy recorded for students who walk out in protest of school
violence or the somewhat veiled gun control issue, there can clearly not be an
unexcused absence or tardy recorded the next time a student organizes a prayer
walk-out – at least if the First Amendment is going to be held up in its
entirety.
This is a very dangerous precedent that will be set if there
is no penalty for simply walking out of class to make a political
statement. Again, in an effort to preserve the rights guaranteed under
the First Amendment, if schools just give students a free pass to protest on
Wednesday, I would encourage students to organize such a prayer walk-out
to see if the schools really are defenders of the First Amendment’s religious
protections as well. I would prefer that school time be used for learning
and not protesting political ideas. If students want to protest, they can
do it – penalty free- on lunch hour or after school.
The Colorado Springs Gazette article from March
11, 2018 entitled Widespread walkouts expected as Colorado Springs-area
students observe Florida shootings, says, “Cheyenne Mountain D-12 Superintendent
Walt Cooper said he's met with student organizers about logistics. He's
quick to point out that the district isn't sponsoring or endorsing any facet of
the event. "But I do feel it is incumbent upon us to support our kids and
their efforts, if they truly feel so strongly about something," Cooper
said. No students will face consequences for participation or declining
participation, he added.”
So Cooper makes the argument that while he’s met with
organizers about logistics and assured them that no students will face
consequences for participating or declining participation the district isn’t
sponsoring or endorsing any facet of the event. Really? I don’t
think that passes the Constitutional test – especially when compared to a
similar religious freedom test. Imagine when, in a few weeks, Christian
students “feel so strongly about something” like prayer that they organize a
walkout during class time for a 15 minute prayer. Will Superintendent
Cooper meet with student organizers about logistics? Will he ensure that
they will face no consequences for participation or declining participation?
In order to uphold the Constitution, he must treat both situations
equally and ensure that Christian students who want to pray are treated as
equally as students who want to protest.
Before deciding that no consequences will be handed down for
the Wednesday protests, I hope school districts understand that there are other
students who will expect the same treatment when their version of free speech
and freedom of religion is exercised. Are districts ready to handle both
the logistics and the legal challenges which will ensue?
If students want to walk out, just let them know that
they’ll have a tardy or unexcused absence noted for the time. This, it
seems to me, is the best way to ensure that schools are used for education and
not political or religious statements in the future – and a way to consistently
uphold the free speech and religious protections guaranteed by the First
Amendment.
You can also read this great editorial piece from today's Colorado Springs Gazette: http://gazette.com/editorial-when-schools-facilitate-wednesdays-protests-permitting-disruption-of-school-activities-they-will-set-a-precedent/article/1622561
