Demonstrations and Strikes

Student Demonstrations and Strikes

(Disruptions of the School)

To insure the orderly process of education and business affairs connected with the schools and the safety of persons and property, the Board directs that the procedures below be followed in case of any type of disruptive demonstration on school property or within school buildings.

This policy is not intended to discourage or prohibit the peaceful expression of opinions or ideas concerning the Clay County school system. However, since the Board is required by law to provide proper school facilities and to maintain an appropriate program of instruction, and is further required to bar any disruption of the schools or interference with their normal operation, the following steps shall be taken in the event of any disruption of the normal operation of the schools.

1. The disruption shall be immediately brought to the attention of the Superintendent or his representative by the administrative head of the school. The Superintendent shall have the authority at his discretion to alert the proper authorities.

2. Students participating in a disruptive demonstration shall be directed by the building principal or his/her representative to go to their regular classroom assignment. At the same time, the principal or his/her representative  will arrange for a meeting between the administration and the individuals, leaders of a group, or the group, if feasible, to discuss in a rational, orderly manner the problem which has caused the disorder.

3. Nonstudent demonstrators and other unauthorized persons will be directed by the building principa1 or his/her representative to remove themselves from school property forthwith.

4. In the event steps 2 and/or 3 fail to stop the demonstration, the Superintendent or his representative will ask the police to remove the demonstrators and any individuals failing to comply under step 3.

5. When necessary for their safety, students and staff may be directed to leave the building and school property.

6. At no time, while any demonstration is in process, is the Superintendent, or any school or Board personnel to enter into negotiations on the issues with the protestors, either orally or in written form.

7. As soon as normal educational and business processes can be resumed, the Superintendent shall be charged with establishing communications with the leaders of the protesting group in order to resolve their requests or to refer them to the Board in an orderly manner.

8. Students and/or employees participating in a disruptive demonstration on school grounds will be subject to suspension.

Adopted; July 1976

Reference; Jenkins v. Louisiana State Board of Education, 506 F2d

992 (5th Cir., 1975)

The court upheld the suspension of students who admittedly had not themselves participated in the improper acts. It was shown, however, that these students had gone about the campus shouting such slogans as "organize, unite student power," etc., and urging other students to engage in a boycott. The court declared that this was far removed from the "silent passive expression of opinion" which had been held protected under the First Amendment in prior Supreme Court decisions. Therefore, a school board is not limited to disciplining only those students who actually participate in acts of violence, but may also suspend students who urge and stimulate other students to engage in a boycott and acts of violence and disruption on the school campus.

County Board of Education