This article appeared as "Keeping It Civil" in the Spring 2023 issue of Independent School.
Election season brings out voters, volunteers, and, of course, spirited debates. With this past midterm election season still in the rearview and another election on the horizon, it’s an ideal time for school leaders to talk to their communities about the importance of civil discourse and revisit the policies they have created regarding acceptable speech at school.
These policies, often referred to as “civil” or “respectful” “discourse” or “speech” policies, require community members to remain mindful of the words and tone they use. Some policies are aimed at preventing or addressing hateful or discriminatory speech, while others are designed to set the tone and standard for community speech—to keep it not only far from the realm of hateful or discriminatory but elevate it to the level of civil, respectful speech. When drafting such policies, school leaders should be thoughtful about what constitutes appropriate classroom debate. They should also remember that encouraging students to be involved in challenging and topical matters as part of their growth as citizens while also maintaining a school environment that is respectful and welcoming for all can be a delicate balance.
Given that many schools include these policies in their family and employee handbooks, it’s a good idea to review them at least annually to ensure they’re mission-aligned and written in a way that clearly outlines the school’s expectations (as well as any consequences for failing to meet those standards). It’s also important to ensure they’re legally compliant. Policies that are too limiting may violate employee rights under the National Labor Relations Act, and some states, like California, have laws that protect the rights of employees to engage in political action or activities.
Creating and updating these policies is only half of the work. It’s incredibly important to educate the community—on an ongoing basis through various communication channels—about the policies. A school’s employees and parent community are models for its students, and just as schools want their students to engage in respectful communication, they should set similar expectations for employees and parents.
Attorneys Julie Strom and Michael Blacher of Liebert Cassidy Whitmore contributed to this piece.
For more legal news, go to nais.org/legal-news.