
What was originally expected to take place last week instead occurred Monday, following the tragic death of Hailey Buzbee.
At several Hamilton Southeastern school buildings, including both high schools, students staged protests during the school day over actions by federal ICE agents. The demonstrations were part of a nationwide student movement.
As a one-person operation, I was generally aware that the protests were planned but was unable to travel among school buildings during the day. Reporters were not permitted on school property for these events. However, Leila Kheiry of Current Publishing provided solid coverage of what occurred.
One question that has surfaced repeatedly online is this: what repercussions, if any, will students face for participating in the protests? The demonstrations took place during the school day, and students necessarily missed class time to take part.
I am not an attorney or a legal expert, but those familiar with education law point to two key considerations.
First, the 1969 U.S. Supreme Court decision in Tinker v. Des Moines established that students do not shed their constitutional rights at the schoolhouse gate. At the same time, most school districts treat participation in protests during the instructional day as an unexcused absence.
Locally, leaving a scheduled class during the school day violates Hamilton Southeastern Schools policy, and the district has the authority to discipline students for doing so.
School administrators have wide discretion in determining consequences. On the low end, discipline could amount to a detention. On the high end, other districts have imposed short suspensions; in a recent example, Southport High School suspended students for one day following a similar action.
School officials do not comment on individual student discipline, and in most districts discipline is progressive. For students with no prior disciplinary history, consequences may be minimal. In other cases, administrators could choose a more severe response.
As of now, Hamilton Southeastern School District has not issued a general statement outlining how student discipline will be handled in this situation. Some anecdotal information may emerge on social media if students or parents choose to share their experiences.