Photo by Jon Anderson
Kathy Murphy 6-4-19
Hoover schools Superintendent Kathy Murphy speaks with reporters about a proposed policy to allow school officials to levy serious discipline to students for off-campus conduct or speech that disrupts the school setting, after a school board meeting on Tuesday, June 4, 2019.
Hoover schools Superintendent Kathy Murphy plans to hold a community meeting to more fully discuss a proposal that would allow Hoover school officials to levy serious discipline for students for off-campus conduct or speech that disrupts the school setting.
The proposal put forward in May has caused a lot of angst in the community, with people concerned that school officials are going to infringe on people’s First Amendment right to free speech, Murphy said.
But that is not the intent, she said. School officials don’t intend to try to monitor everything people say outside of school, she said. The intent is to find a way for school officials to be able to address insulting or demeaning speech or conduct that disrupts a school, so that learning is not impeded, she said.
“We’ve had a very difficult year, to say the least,” Murphy said. “We’ve had a lot of challenges as it relates to disruptions in our schools.”
A video that showed Hoover and Spain Park high school students making racist and anti-Semitic comments went viral in March and sparked outrage.
Students were hurt and angry and coming to the office in large numbers to talk about how they were being treated and feeling, and parents were coming to pull their children out of school, Murphy said. The phones were ringing off the hook in school offices and the central office, she said. School assemblies were held, and teachers took time away from regular classroom instruction to discuss the issue with students.
There have been other incidents this past school year that significantly disrupted school as well, Murphy said.
“In our school district, we have no place for racism,” Murphy said. “Our role is to make sure every academic day is a productive day, and we can’t do that when we’re having disruptions.”
The proposed policy would make it a class 3 infraction for a student to engage in any conduct or language “that has the purpose or effect (or that could be reasonably perceived as having the purpose or effect) of disparaging, insulting, degrading, or demeaning any person or class of persons based on race, ethnicity, national origin, religion, disability, gender, sexual orientation, or any other trait or characteristic that enjoys protection from discrimination or harassment as a matter of law or board policy — including but not limited to emails, social media postings, and other forms of communication that creates or substantially contributes to disruption in the school setting, whether or not it takes place on school property or at a school-related event, and whether or not it was intended as a private communication or for a limited audience.”
School officials also propose to spell out in the code of conduct a disciplinary option for class 3 infractions that has been in practice but not in the code: prohibiting students from attending extra-curricular activities or a graduation ceremony.
Other options for class 3 infractions already in place include placement in alternative school, expulsion, permanent removal from a school bus and revocation of technology privileges.
MIXED REACTION
Reaction to the proposal has been mixed, but probably mostly negative, with people concerned about First Amendment rights, Murphy said. She said perhaps some people didn’t read the proposal all the way through to see the condition about school disruptions.
However, Murphy said she doesn’t assume to have all the answers, and her proposal was just a proposal, designed to start a conversation. She greatly appreciates all the productive feedback school leaders have received about the proposal, and she wants discussions to continue, she said.
She intends to discuss the matter with numerous groups this month, including administrators, parent and student committees, a diversity committee and her Superintendent’s Advisory Council, she said. She initially said she would like to schedule a community meeting in early July, on some date before the July 11 school board meeting. But such a meeting still had not been scheduled as of July 3, and school system spokesman Jason Gaston said it likely would not be held prior to the July 11 board meeting.
The proposed policy could stay the same or be revised, or the school board may choose to keep its current policy intact, she said. The current code of conduct includes “disruption of the learning environment” as a Class 1 offense. The proposed policy is more explicit about types of unacceptable disruptive speech and makes it a Class 3 offense that carries more significant consequences.
Murphy said she’s just looking for a way to move the school district forward to make sure all students feel safe and respected, and to try to prevent and be able to adequately address future disruptions if they occur.
SCHOOL BOARD COMMENTS
School board President Craig Kelley said the school board is not going to violate the Constitution, but courts have ruled that policies can address some things that happen off campus.
Hoover school officials don’t want to make changes just because they can, but they need to encourage a respectful and safe environment for all children, Kelley said. “We’re trying to figure out, with input from the city, the stakeholders, what is the best way for us to do that,” he said.
School board member Kermit Kendrick said he appreciates efforts already made by administrators and teachers to address the situations that occurred and make all students feel welcome in Hoover schools, and he appreciates all the letters he has received from the community. “I’ve read every word,” he said.
He wants to continue hearing from the community to help the board make good decisions and “so we can stand together and say what will and what won’t be tolerated in our schools.”
School board member Amy Tosney said all the board members are parents. “We’re all in this together, and we’re going to do everything we can to get this right for everyone,” she said.
School board attorney Whit Colvin said he has been involved in writing a lot of codes of conduct for school districts, and most districts don’t address tough subject matter like this.
“You’re to be applauded for that,” he said. “It’s courageous. It’s intent-driven, and it’s designed to resolve problems.”
The school board on June 4 did take action on more than a dozen other proposed changes to the code of conduct and dress code. Those changes are outlined in this May 15 story.
In other business, Murphy shared that U.S. Judge Madeline Haikala has approved the school district’s request to reopen the time period for parent requests to transfer students from their regular school zone to another school in the district. Students eligible for transfers can make that request through June 17.
The next Hoover school board meeting is scheduled for Thursday, July 11, at 5:30 p.m.
This article was updated at 11:28 a.m. on July 3 to indicate that no date had yet been set for a community meeting.
