Current Law and/or Practice

Students may express themselves through symbols of ethnic, cultural, or political views such as buttons, badges, emblems, or armbands, or through mode of dress or grooming. However, such expressions are not to infringe upon the rights of others and are not to be illegal or profane.

In curtailing symbolic expressions, the burden of proof falls upon the building administrator to show clearly that the exercise of the prohibited activity would materially and substantially interfere with the requirements of appropriate discipline in the operation of the school.¹

Procedures

1. In Instances where the principal determines that the display by student(s) of a particular symbol is disruptive to the operation of the school program, the initial contact should be made with the student(s) involved.

2. If many students are involved, the leadership of the group should be identified and quietly asked to confer with the principal. The rest of the group, who may remain outside the principal’s office while the conference is in progress, should be supervised by designated members of the staff and encouraged to return to class.

NOTE: The school should be represented by someone who can establish rapport with the students involved. Adult authority should be kept at a minimum in order to refrain from jeopardizing the interaction between school personnel and group representatives.

3. Explore the purpose of the symbol and the objective of its users(s).

4. Explain the administration’s concern and the applicable law. Propose alternative methods by which the person’s or group’s objectives may be satisfied in whole or in part. Solicit voluntary cooperation.

5. The principal or designee has the authority, in cases of continued use of symbolic expression that is disruptive to the organization or activities of the school, to confine the student(s) to a specific location in order to diminish the disruptive effect until such time as the confrontation is resolved.

6. In cases where continued use of symbolic expression by the same student(s) who have already been counseled, disrupts the orderly process of the school, suspension or other alternatives, such as the School Center for Special Instruction (SCSI), should be considered.

7. In the event initial procedures fail, additional actions may involve:

1. parents(s)/guardians(s) contact
2. student council
3. Education Excellence School Advisory Council
4. PTA/PTSA/PTO
5. region office personnel
6. other disciplinary action

Notes

¹ Tinker v. Des Moines Independent Community School District, 89 S. Ct. 733 (1969)

Last updated: Monday, September 6, 2010 | 12:19:59