Search
Member Login

Student Walk Outs and Protests: Tips For Principals

by Malina Piontek, AWSA Retained Attorney

Following the tragic event in Parkland, Florida, on February 14, 2018, students have been at the forefront of national media stories, expressing their anger and frustration over continued school violence. Organizers are currently promoting at least three nationwide protests, with students across the country expected to participate. 

Below are the three largest events planned for the coming weeks:

1. #Enough: Wednesday, March 14, 2018

National School Walk Out, organized by Women’s March Youth EMPOWER, is asking all students (elementary through college), teachers, school administrators, parents and allies to take part in a National School Walk Out. The protest will last 17 minutes, symbolizing the 17 victims of the Parkland shooting. It will take place at 10 a.m. in each time zone. The organizers say that the purpose of the walk out is to demand that Congress pass legislation to keep students safe from gun violence in schools, in public spaces and in homes and places of worship. Those participating are encouraged to wear orange—the color often used by advocates in support of gun control. 

2. March for Our Lives: Saturday, March 24, 2018

Survivors of the Parkland shooting are expected to lead a protest in Washington, D.C. on March 24. They are encouraging others to march in protest across the country. According to the organizers, an event is planned to commence at 10 a.m. on State Street in Madison, Wisconsin. Participants will then march to the State Capitol.

3. #NationalSchoolWalkOut: Friday, April 20, 2018

April 20 is the 19th anniversary of the shooting at Columbine High School in 1999. There is an organized effort to encourage students to attend school and then walk out at 10 a.m. and “sit outside and peacefully protest, make some noise [and] voice your thoughts.” The plan is for students to walk out and go to an outside space on campus, although students walking out of their classrooms and into a common area (such as a student center, school library, etc.) is also encouraged. The organizers are asking participants to continue the protest through the end of the school day.

Walkouts and other forms of student protest present complex issues for school leaders. Student safety and freedom of speech are at the core of these issues. However, it is clear that protest is a recognized form of protected student speech. Nearly 50 years ago, in Tinker v. DesMoines, the U.S. Supreme Court ruled that students do not shed their constitutional rights to freedom of speech or expression at the school gate. In other words, students have First Amendment rights, and school officials may not censor student speech unless it becomes disruptive to the educational process. Moreover, a school may regulate speech when it can reasonably forecast that the speech will cause a material disruption at school or interfere with the rights of others. 

It is important for school leaders to consult their districts’ policies, rules, guidelines and codes of conduct. It may also be beneficial to contact district legal counsel for guidance.

In addition, principals and other school leaders should be sure to keep their school boards informed of district policies and the planning of student protests as they take place. While it can be difficult to convene a board meeting quickly, at the very least, administrators should communicate regularly with the board president.

Planning ahead for a student protest:

  • Seek information from students, teachers and other staff about any planned activities. These protests should not come as a surprise to a school—planners must be upfront about their plans for a walk out or demonstration.
  • Review your school or district’s code of conduct as part of your conversation with students. School leaders should properly inform students of any relevant rules and the consequences for violating those rules. If students are informed, they can avoid unknowingly violating rules or policies.
  • Discuss with students logistics of the protest, including the time, place and duration. If possible, involve other key stakeholders, such as staff, parent-teacher organizations, parents, community groups, law enforcement agencies and local officials.
  • Make sure staff members know that, while students have a right to free speech at school (provided it doesn’t result in a material and substantial disruption), staff do not enjoy the same freedom while they are working. Staff members have a right to engage in speech on matters of public concern, but their rights are limited when they are on duty as district employees.
  • Remind staff that instructional time should not be spent on organizing or discussing a protest-related activity, unless a discussion on civic discourse or citizenship is directly relevant to the class.
    • For example, a discussion on citizenship does not have a readily apparent relationship to algebra. On the other hand, a protest-related discussion may be relevant ina current events or government class.
  • Determine what your school or district’s approach will be when it comes to staff members who wish to participate. Consider these questions:
    • Do you have sufficient staff to maintain a safe environment if you allow staff to use paid time off to participate?
    • How will the district determine which staff can participate if too many are interested and safety could be jeopardized?
    • What will the consequences be if a staff member elects to participate without proper leave or authorization?
  • Some schools may wish to conduct an educational, curriculum-related activity that provides a forum for students to express their views. This could take place, for example, in a “school assembly.” Be sure to discuss this matter with the school board before moving forward. If you do plan such an event, make clear that the district does not endorse any particular viewpoint—the purpose of the event is simply to allow students to have their voices heard. 

Discussing protests with stakeholders:

  • When discussing the protests with parents, community members, students and the media, focus on student and school safety rather than gun control. Speak to what you are doing to keep the school safe for all students, including those who choose not to participate in protests.
  • Remain neutral on the topic. Ensure that stakeholders know that your district supports students’ First Amendment rights, but that you also want to be sure demonstrations do not interrupt the learning process for students who are not participating. Again, speak to the fact that the district will continue making student safety its top priority.
  • Remind students and staff that a student protest is an opportunity for students to have their voices heard in a safe and positive manner. However, everyone should keep in mind that there is more than one viewpoint to be heard. Students should respect the right of students to choose not to participate. No one should feel forced to participate.
    • Reiterate that all protests must be peaceful and conducted in a safe manner, and that no students should be harassed for their decision to participate or not participate in a protest. 

Recommended key messages/talking points:

  • We are aware that some students plan to take part in protests related to school safety. The district is working with students, staff, parents, law enforcement and community members to ensure these protests are peaceful and positive.
  • As a school district, we must ensure that we balance the safety of our schools with allowing our students to exercise their First Amendment rights.
  • We are also must ensure that we respect the rights of all students—including those who wish not to participate in a protest. To that end, we will do everything we can to minimize disruptions to the learning process.
  • Staff members will remain with students participating in protests and make sure there are no violations of school rules and policies. We are also working with student groups to inform them of these rules so that they do not violate them.
  • We see these protests as a good learning opportunity for all our students, whether they elect to participate or not. We encourage our students to be engaged citizens who have tolerance for the viewpoints of others, including those with whom they may disagree. 

Student protest is a relatively new issue for school leaders, but one that will likely to continue to impact schools, students, staff members and families in the months and years to come. Principals and other administrators must be proactive in preparing for these protests and communicating effectively with all stakeholders.