Responding to Organized Protests at School
In the wake of a number of recent violence and threats of violence at schools around the country, schools may be fielding concerns about organized protests and other responses to tragedies. While concerns over disruption and practical matters over how to implement the educational program are ongoing, schools should be careful to consider the Constitutional rights of students and staff who may choose to participate in organized action, protests, or other speech. Particularly in Illinois, where, in addition to the constitutionally protect rights of individuals to engage in peaceful protest, 10-22.6 of the Illinois School Code, 105 ILCS 5/10-22.6, has been recently amended to require school districts to consider not only the nature of a disruption but the implications of a student's continuing presence, it is important that schools carefully review facts before engaging any exclusionary discipline. Schools may wish to engage in educational programming in addition to other safety measures in order to provide students a safe outlet for communication, and to assist the schools in managing any negative effects that may be suffered by students in the wake of so many traumatic events nationwide. A number of resources are available to help school districts manage disruptions, and schools are well advised to consider as many options as may be available.
Miller, Tracy, Braun, Funk & Miller, Ltd. is always here to work with schools to help you maintain a safe and productive learning environment. We will discuss school threats and proofing matters, as well as responses and interventions since SB100 that do and do not pass muster at our annual firm seminar and legal update on March 7, 2018. We hope to see you there.