The Administrator Newsletter - October 2022

Dr. Hernandez takes a look at the challenges public schools face as they compete for students in the era of school choice.

Brian Kirkendoll celebrates the return to in-person events and the positive impacts such events have on student engagement.

President’s

STERRETT

In the Spotlight this month is Dr. Camille Sterrett, Superintendent at Dumas School District.

AAEA

m.hernandez@theaaea.org

Mike

m.mertens@theaaea.org

Lenett

l.thrasher@theaaea.org

s.chuculate@theaaea.org

Kelli

m.smith@theaaea.org

a.mattox@theaaea.org

2022-2023 Calendar of Events

October

ASPMA Conference & CFD Classes, October 3-5, 2022 Hot Springs Convention Center

AAGEA New Coordinator Workshop, October 5, 2022 Benton Event Center, Benton

AAGEA Conference, October 6, 2022 Benton Event Center, Benton

AAEA Fall Conference, October 18, 2022 Benton Event Center, Benton

CASBO Certification Classes, October 26-27, 2022 Benton Event Center, Benton

January

AASA Superintendent Symposium, January 10-11, 2023

DoubleTree Hotel, Little Rock

AACIA Conference, January 24, 2023 Benton Event Center, Benton

February

Tel-AR Conference, TBD

AASBO Conference, February 9-10, 2023 Hot Springs Convention Center

ArkASPA Conference, February 23, 2023 Wyndham Riverfront, North Little Rock

April

AACTEA Conference, April 10-11, 2023 DoubleTree Hotel, Hot Springs

CASBO Certification Classes, April 11-12, 2023 Benton Event Center, Benton

ASPMA Certification Classes, TBD

May

ASBA/AAEA Joint Conference, May 2, 2023 Wyndham Riverfront, North Little Rock

AAFC Spring Conference, May 3-5, 2023

Hot Springs Convention Center

June

AASEA Summer Conference, June 12-13, 2023

Benton Event Center

AAEA School Law Conference, TBD

m.thrasher@theaaea.org

For more information, visit theaaea.org/events or see Page 9.

AAEA Board of Directors

AAEA President Principal, Alma

Skipper Ward AASA President Superintendent, Magnolia

Shawn Rose

AAESP President-Elect Principal, Hillcrest

Scott Smith

AASSP Past President Principal, Western Yell County

Melody Crane

AASBO President Business Manager/District Treasurer, Hector

MonicaAAGEASpringfield President Gifted and Talented Specialist, Ozark Unlimited Resource ESC

Jarod Morrison Tel-AR President Director of Maintenance/ Technology, Farmington

Dr. Karla NeatheryAAEA President-Elect Superintendent, Sheridan

Dr. Andrea Martin AASA President-Elect Superintendent, Greenland

Mark Lewis

AAESP Past President Principal, Conway

Dr. Karen Lasker ArkASPA President Director of Personnel, Conway

Kevin Luck

AASBO Past President Business Manager, Vilonia

J.D. AAMLAKeelingPresident

Principal, Dardanelle

Dr. Mike Hernandez AAEA Executive Director

Stacy DeFoor AAEA Board Secretary Assistant Superintendent, Benton

Kelvin Gragg AASA Secretary AssistantPineSuperintendent, Bluff

Matt Ziegler AASSP President Principal, Riverside

Lisa AACTEAHotsenpiller President Career & Technical Administrator/Supervisor, Fayetteville

Carla Curtis AASEA President Director of Special Services, Fayetteville

Aliza Jones

ASPMA President (until Oct) Facilities Consortium Coordinator, Lavaca

Dr. Stephanie NehusAAEA Past President Superintendent, Hot Springs

Carol Skiba AAESP President Principal, Cabot

Dr. Karla Tarkington AASSP President-Elect Principal, Beebe

Julie Adams AAFC President Federal Programs Coordinator, DeWitt

Dr. Steven Weber AACIA President Assistant Superintendent, Fayetteville

Craig Dupuy

ASPMA President (begin Oct) Superintendent, Cleveland County

AAEA Corporate Sponsors

Prestigious

American Fidelity Assurance Co.

Coryell Roofing and Construction, Inc. Curriculum Associates

Educational Benefits, Inc.

Imagine Learning

Lifetouch National School Studios, Inc.

NIET - National Institute for Excellence in Teaching

Pearson Virtual Schools

Pro Benefits Group, Inc. Protect Ed Renaissance Learning, Inc. Solution Tree, Inc.

Distinguished Apptegy

Diamond ClassLink ClassWallet Cognia

Diamond (Continued)

Edmentum

Energy Systems Group

ESS

First Security Beardsley Middleton, Inc.

OnToCollege

Rave Mobile Safety SmartData Dashboard Stephens, Inc. Tanium Winsor Learning Platinum AAMSCO Architecture Plus, Inc.

C.R. Crawford Construction, LLC DotCom Therapy, Inc. Entegrity Energy Partners, LLC

Legacy Construction Management Lexia Learning Nabholz Construction Corp.

Platinum (Continued)

Northwest Evaluation Association (NWEA)

Polk Stanley Wilcox Architects Progressive Technologies TRANE US, Inc.

Gold Cynergy Rehab Group Houghton Mifflin Harcourt Kinco Constructors, LLC Phoenix Contractors, LLC

Red Comet

TIPS - The Interlocal Purchasing System

Silver American Bus Sales, Inc. Correll, Inc. French Architects, PA Hight-Jackson Associates, PA SEAS

Brian Kirkendoll

Executive Viewpoint

Dr. Mike Hernandez, AAEA Executive Director

MARKETING YOUR DISTRICT

School administrators face many challenges every year. Some they are prepared for, and some they are not. One of those areas is a very real competition for students. School choice has been a growing trend in our nation and state. Parents have options such as choosing another traditional public school, homeschool, magnet schools, private schools, and charter schools. Our traditional public schools no longer have a guaranteed pool of students based on school district boundaries. This reality creates the challenge of remaining the school of choice in their community. In response to their expanding options, families today are open to exploring the best fit for their students. Many of us would argue that the local public school is the best option for any child. We believe this because of the miracles we see every day. Each district is also not without its warts, but overall, they are great places to be. So how do we get the average community stakeholder to see the valuable services local school districts offer and inspire them to participate? We also have to retain the families that are enjoying the educational programs at the local school district.

Today's administrators and staff need to understand why, when, where, and how to promote their schools to the community. Schools can thrive now by understanding how families select schools for their children. Like it or not, there is competition, and it appears this will continue to grow. I know this initially leaves passionate leaders with feelings of defeat, angst, and anger. Dwelling on the negative aspects costs schools valuable time and effort in attracting new students. For any school system to thrive, it must recognize the winds of change and adjust accordingly. A district can generate momentum through positive stories about the educational opportunities offered, but this alone is not enough. The families need to be better understood by administrators. What makes a parent choose a particular school? Of course, many parents opt to attend the local school that drives a big yellow bus up to their door and hope for the best. However, a growing number of parents research schools the same way they decide which restaurant to try in a new city or products they buy on Amazon. What are the customer reviews? How many stars did they get? Is their menu appealing? The data for schools is rich, but understanding everything out there is almost impossible. We have the ESSA School Index, letter grades, Niche rankings, and other online measurements of how a school is doing based on various indicators. Side note: ESSA School Index and letter grades will become publicly available soon, and communication will be vital in helping your stakeholders understand the big picture. The recent commissioner's memo has a communication toolkit and sample letter that can be useful in your communication strategy.

If one were to ask educators what it means to market their school, the answer would probably be to “get the word out.“ Again, this is important, but not necessarily the whole picture. According to the American Marketing Association, marketing is the activity, set of institutions, and processes for creating, communicating, delivering, and exchanging offerings that have value for customers, clients, partners, and society at large. Yes, this has a very business sound to it, but a few things can help school leaders develop a richer approach to promoting their school district. Offerings that have value for customers and society at large stand out as items that warrant consideration of how this could apply to schools. What value does a school system have for the student and parent? What value does it have for society at large? More time should be spent developing your school's value proposition because some in society have forgotten, taken it for granted, or are distracted by the many options for education. In the long run, time spent on truly learning to market to and engage your community will pay dividends in the form of more families choosing your district for their educational needs.

Telling your story, engaging families, and marketing your district is the focus of the upcoming AAEA Fall Conference on October 18 at the Benton Event Center. I hope you will attend or send a staff member to grow knowledge in this critical area vital to attracting students to your district. You can see the agenda and register here. We cannot rely on practices or philosophies of the past. We must evolve and grow to meet these challenges head-on. I am excited to take this journey with you and am here to help in any way possible.

Brian Kirkendoll, AAEA Board President

BRINGING THE EXCITEMENT BACK

Being able to conduct in-person meetings and conferences has brought a lot of excitement back to education. This holds true with administrators, teachers, and especially students. This year feels so much more like pre-Covid and I am certainly thankful. Being able to allow students to attend state, regional, and even national events has been more relieving than many of us would have imagined. I have seen an obvious level of excitement and enthusiasm for school that has been absent the past few years. Our students have more opportunities to enjoy school and have trips to look forward to. The expense for school districts to attend conferences can be difficult to budget, and logistics can be complicated. However, the benefits of personal connections, greater personal engagement, and having fun enjoying each other’s company are well worth the cost. I can personally attest as a building principal that our kids look forward to getting to go places, and they are getting excited again to be a part of school.

Speaking of conferences, the AAEA Fall Conference is right around the corner. The conference will be held at the Benton Event Center on October 18th. Please make an effort to attend to support each other and get away from the office for a day. Also, congratulations to Dr. Jared Cleveland of Springdale for being selected as the AASA Superintendent of the Year!

Asked & Answered

Mike Mertens, AAEA Assistant Executive Director

In a recent email, someone asked if I had seen a particular FOIA request for information that was making the rounds and if it was a legitimate request. This was an easy question to answer since the request was not from a citizen of the state of Arkansas. The Freedom of Information Act allows for any “citizen of the State of Arkansas“ to inspect and copy public records. The term “citizen“ does include corporations. Requests from out-of-state residents do not have to be answered.

In addition, at least a portion of this particular request was for district records that did not currently exist. FOIA does not require school districts to develop records that do not already exist in some format.

The 20th edition of the FOIA Handbook (revised in May 2022) is now available to download.

If you have questions for Mike, email him at m.mertens@theaaea.org .

Awards

2022-2023 Superintendent of the Year

Dr. Jared Cleveland

Springdale Superintendent Dr. Jared Cleveland has been named the 2022-2023 Superintendent of the Year. Dr. Mike Hernandez, AAEA Executive Director, presented Dr. Cleveland with the award on September 13th at the Springdale School Board meeting.

The American Association of School Administrators (AASA) National Superintendent of the Year program pays tribute to the talent and vision of the men and women who lead the nation's public schools. Candidates are judged on the following criteria: leadership for learning, communication, professionalism, and community involvement. Each state's association of school administrators around the nation selects a State Superintendent of the Year. These superintendents are then in the running for the National Superintendent of the Year award and will be recognized and honored at the AASA National Conference in February. Congratulations, Dr. Cleveland!

New ACA Affordability May Increase Financial Burden Compliance Connection

Submitted by Ginger Huff, Arkansas State Manager, American Fidelity Assurance Co.

For medical plan years beginning in 2023, the Internal Revenue Service (IRS) recently announced a significant decrease in the affordability percentage to 9.12%, from the previous level of 9.61%. This could trigger penalties for large employers who fail to adjust to meet this new threshold.

How to Avoid Costly Mistakes

1. Group medical plans have hit employers with more expensive rates. Medical rates going up with IRS affordability percentages going down means you may need to absorb more unexpected premium increases rather than pass them on to employees, if you are committed to maintaining an “affordable” plan option under ACA rules.

2. You could be at increased risk for an Employer Shared Responsibility Penalty. Take the time to reevaluate premium contribution structures if your goal is to ensure affordability. Understand that you may be impacted even if your medical rates stayed the same. Penalty risk depends on the affordability safe harbor you’ve chosen to use when reporting to the IRS. For example, to qualify to use the Federal Poverty Line safe harbor, the employee share of the monthly premium for the lowest cost plan, single coverage must be $103.28 or lower.

3. The IRS has revoked the ”good faith” effort relief they offered in the past. You should be prepared to defend the accuracy of the offer of coverage and safe harbor codes your report to the IRS on Form 1095-C.

4. Partner with an expert you can trust to help you evaluate your risk and ensure you are doing everything possible to avoid potential penalties.

A Breath of Fresh Air

Office Air Quality May Affect Employees’ Cognition, Productivity

By Harvard T.H. Chang, School of Public Health, Submitted by Ashley Creviston, Protect Ed

Boston, MA – The air quality within an office can have significant impacts on employees’ cognitive function, including response times and ability to focus, and it may also affect their productivity, according to new research led by Harvard T.H. Chan School of Public Health.

The one-year study, which included participants in offices across six countries working in a variety of fields, including engineering, real estate investment, architecture, and technology, found that increased concentrations of fine particulate matter (PM2.5) and lower ventilation rates (measured using carbon dioxide (CO2) levels as a proxy) were associated with slower response times and reduced accuracy on a series of cognitive tests. The researchers noted that they observed impaired cognitive function at concentrations of PM2.5 and CO2 that are common within indoor environments.

“Our study adds to the emerging evidence that air pollution has an impact on our brain. The findings show that increases in PM2.5 levels were associated with acute reductions in cognitive function. It’s the first time we’ve seen these shortterm effects among younger adults,” said Jose Guillermo Cedeño Laurent, a research fellow in the Department of Environmental Health and lead author of the study. “The study also confirmed how low ventilation rates negatively impact cognitive function. Overall, the study suggests that poor indoor air quality affects health and productivity significantly more than we previously understood.”

The study was published online in Environmental Research Letters on September 9, 2021.

Administrator Spotlight: Dr. Camille Sterrett

For Dr. Camille Sterrett, school leadership has always been her passion. Descending from a long line of educators, she says, “It has never entered my mind to not be in education! I’ve always had the desire to be an educator.“ Dr. Sterrett graduated from Dumas High School in 1993 and received her B.S. in Elementary Education in 1997 from the University of Arkansas at Pine Bluff, a M.Ed. in Educational Leadership from the University of Arkansas at Monticello in 2005 and Ed.S. in Educational Leadership with a concentration in superintendency from Arkansas State University in 2014. She received her Doctor of Education degree from Arkansas State University in 2021.

Dr. Sterrett has now been an educator for 25 years with experience ranging from a classroom teacher, a curriculum coordinator, Teacher Recruitment and Retention Program Advisor for the Arkansas Department of Education, Director of Federal Programs and Human Resources for Dumas School District, and now, Superintendent of the Dumas School District. She says, “Visiting with students throughout the school year and seeing them smile because they have achieved a high grade, or are simply proud of themselves through what they have learned, makes me love my job more and more each day! I also enjoy the days I can escape to each campus and walk down the halls assisting teachers any way I can.“ Dr. Sterrett says the most challenging part of her job is “boosting the academic achievement of underprivileged and/or struggling students, preparing students for successful lives and careers beyond high school and recruiting/retaining highly qualified teachers and staff.” In 2022, she was named the Howard Wallace Federal Coordinator of the Year - a testament to her hard work seeking ways to make a positive difference in students’ lives.

Dr. Sterrett stays very active in her community and says she finds community service involving children and education to be an enjoyable and a beneficial experience. She states, “Even though I am no longer working with the Arkansas Department of Education Teacher and Recruitment Office, I still enjoy assisting students with finding scholarships to further their education.“ She serves as a Life Skills Coach for young adult college students in the state, and works in the food ministry for Kids Feeding Kids on the local and state level. Dr. Sterrett also currently serves as a board member of the Dumas Chamber of Commerce helping support community activities and events, and as a past President of the Dumas Economic Development Committee, Dr. Sterrett volunteers time to promote economic development opportunities that will attract businesses and citizens to the city of Dumas.

To those considering a similar career, Dr. Sterrett advises, “Understand your role in education. Be very knowledgeable of the best practices for improving student achievement, get to know the teachers, staff and administrators and allow them to get to know you and be supportive of their ideas.“ She says the best advice she has ever received came from her parents: “‘Give my very best and the very best will come back to me.’ In doing so, they said, ‘You will reap the harvest that God promises you!’”

Superintendent, Dumas School District

? !Q&A

with Dr. Camille Sterrett

What is the most daring thing you’ve done? Ride on a Roller Coaster!

What’s something that amazes you?

God’s work amazes me. The majesty of His creation causes me to stand in awe!

What have you done that you are most proud of?

My proudest moment is reflecting on being a mom to a Christian, respectable son who is a high school senior.

What do you enjoy doing during your time off?

I enjoy reading novels, cooking with my mom and sisters, and spending time with family.

What is one of the things on your “Bucket List?”

I don’t have a bucket list. I choose to end each day with no regrets and enjoy what comes my way tomorrow.

What are the goals you are still working toward?

“Keeping Students First.” This is at the heart of my district leadership. Even after I retire, I can see myself continuing to assist, motivate and train others on providing equal access for all.

When people look back at your life, how do youwant to be remembered?

That I remained passionate about: •Student achievement, •Equity and access, •Professional growth and success of faculty and staff, •Empowering families and community members to become full partners in the educational experience offered in the Dumas School District

What do you see as the biggest benefit ofAAEA membership?

AAEA provides opportunities for networking with other administrators. This organization goes above and beyond to keep educators informed of state regulations and requirements.

UPCOMING EVENTS

The 2022 AAGEA Fall Conference will be held at the Benton Event Center on October 6. New Coordinator's Workshop will be the afternoon of October 5. Online registration has closed; on-site registration will be available.

The next opportunity for CASBO Certification classes is coming up on October 26-27, 2022, at the Benton Event Center. Register here!

Save the date! The 2023 Superintendent Symposium will take place on January 10-11, 2023, at the DoubleTree Hotel in Little Rock. Registration will open soon!

2022 AAEA Fall Conference

Scheduled for October 18 in Benton

“Community Voice Matters!”

The 2022 AAEA Fall Conference is scheduled for October 18 at the Benton Event Center. This year's conference will focus on family and community engagement and will feature two general sessions and several breakout sessions. Dr. Jeffrey Collier, Superintendent of the Saginaw Intermediate School District in Michigan, is the opening keynote speaker. His presentation, entitled “Harness the Power of your District's Collective Authorship!” will provide challenging, focused reflections for educators to realize that schools are storytelling content machines and encourage leaders to harness the power of their district’s collective authorship to propel a dynamic, protagonistic narrative throughout their communities. Sandy Shepard, DESE Lead Regional R.I.S.E. Specialist, will end the day by sharing ways districts can partner with parents as Arkansas continues to RISE and build communities of readers. Click here to view all keynote and breakout session titles and descriptions, and register to attend today!

Bundle Up Arkansas! Winter is Right Around the Corner! Over the Top

Submitted by Deveny Cay Wells, Editor, Coryell Roofing & Construction

The 2022-2023 Farmers’ Almanac predicts a colder than normal Arkansas winter with above average snowfall. The Almanac, which boasts an 80% accuracy rate, states that “[t]he coldest periods will occur in early and mid-December, early and late January, and much of February, with the snowiest periods throughout January and in late February and early March.”

So, administrators, be ready for adverse weather conditions by having your roof cleaned and prepped for winter. Ask a roofing professional to perform the following tasks:

• Clear debris from downspouts, gutters, drainage points, and roof ventilation.

• Clear wildlife nesting materials and food sources (i.e., seeds, nuts, berries).

• Repair holes or gaps where wildlife might enter the building seeking shelter from cold weather.

• Trim branches that, heavy with snow or ice, might fall onto and damage the roof.

As your roofing professional cleans and preps your roof, he should inspect for potential problems:

• Tears and rips in the membrane: snow and cold will open and expand these

• Blisters in the membrane: unattended, these can grow larger, and the pressure of the trapped air and moisture can crack the membrane

• Gaps in flashing and seals: again, the freeze/thaw cycle will worsen these and provide channels for melting snow and ice

• Breaks in caulking: the seal will be broken/separated from the building components/materials

Winter roof repairs can be challenging and costly Frozen moisture on a roof presents safety challenges for workers. Furthermore, snow can cover areas workers need to inspect and work around: extra time will be required to clear these areas. Finally, many repair materials need to be kept warm for application, which takes more preparation and application time for the roofing crew. These challenges add up to additional hourly charges, which take a bigger bite out of your school budget.

Winterize your roof this fall! It’s just good business!

Breast Cancer Awareness Month and the Importance of Cancer Coverage Benefits Corner

Submitted by Anna Roussel, Creative Writer, Educational Benefits

Treatment options for breast cancer are improving every year, but with those improvements come cost increases. The cost of cancer diagnostics, operation or removal, and treatment can be overwhelming, and with nearly 300,000 women expected to be diagnosed in 2022, it is important to make sure you are prepared. According to the National Cancer Institute, approximately 479 per every 100,000 women in the state of Arkansas contract breast cancer each year, making it one of the top risk factors women face today. Cancer doesn’t plan ahead, but you can.

The risk of developing breast cancer increases with age, and with only 65% of Arkansas women over the age of 45 having up-to-date mammography according to the American Cancer Society, cancer screening needs to be a bigger priority in the state. Breast Cancer Awareness

Month is one of the best times to get informed and get prepared by investing in cancer insurance. For a small price each pay period, you can not only be covered for an unexpected diagnosis, but also rewarded for taking precautionary measures such as mammograms, bone marrow testing, and colonoscopies.

The cost of cancer treatments, doctor visits, and other related expenses can be substantial, and are often a cost people are not prepared for. Taking the time to talk with your physician about potential risks, as well as covering yourself through insurance, can make a huge difference in the lives of you and your loved ones. Talk to your insurance provider today to learn more about cancer coverage and other benefits that fit your needs.

The AAEA Job Board can now be found at arjobsined.schoolspring.com

The AAEA Job Board is a calendar-year subscription that assists districts with the everincreasing challenge of recruiting quality staff. It is a significant resource for educators, both in-state and out-of-state, seeking employment in Arkansas schools.

Over 165 school districts are participating in the program, which has been extremely helpful to schools and educators over the years. The site is used year-round and is accessed extensively during the second semester. It is not unusual to see over 400 jobs posted on the Job Board at one time. With an account, school districts may post unlimited job vacancies throughout the year.

To subscribe (by district) or to post job openings, contact Marty Smith, Member Relations Manager, at m.smith@theaaea.org or at 501-372-1691.

Openings

District Name Position

Gurdon School District Superintendent

Lavaca School District Superintendent

Marion School District Director of Human Resources

Rogers Public Schools Testing/504 Coordinator

Jacksonville North Pulaski

School District Instructional Technology Coordinator

Arkansas Arts Academy High School Assistant Principal

Blytheville Publics Schools Director of Technology

Publication Sneak Peek: School Law Review

This segment features content from other AAEA publications. School Law Review is a quarterly publication available to subscribing districts. The following excerpt comes from the September 2022 issue.

RECENT COURT DECISIONS CONCERNING FIRST & FOURTH AMENDMENTS

T.R. v. Lamar County Bd. of Educ., U.S. Court of Appeals for the Eleventh Circuit (February 4, 2022)

A 14-year-old student filed suit claiming her rights under the 4th Amendment were violated after she was subjected to strip searches twice for marijuana after a teacher smelled marijuana burning in the classroom. The district found drug paraphernalia in the student’s backpack but no drugs. The teen was then strip searched twice in front of an open window at the school.

The district court dismissed the suit but the circuit court reversed on appeal, ruling that the searches were excessively intrusive because there was no threat or danger to warrant a strip search. Further, the second search occurred shortly after the first search, and the student had not left the location where the first search occurred.

Riley’s v. Elsasser, U.S. Court of Appeals for the Ninth Circuit (March 17, 2022)

A school district vendor who operated a farm to which the district’s students went on field trips sued the district alleging 1 st Amendment

retaliation after it cancelled trips to the farm following the owner’s controversial tweets. Parents had complained and expressed concern about the owner’s tweets.

The circuit court reversed the lower court's dismissal of the claim, ruling that since the school presented no evidence of the number of parent complaints and there was only sparse media coverage of the incident, the district failed to establish a significant disruption of the school environment. Further, the owner’s tweets were on his personal social media account and addressed the core of protected 1st Amendment activity.

Houston Cmty. College v. Wilson, U.S. Supreme Court (March 24, 2022)

An elected board member filed suit in federal court alleging that he was subjected to retaliation in violation of the 1st Amendment. The board member sued the board in state court after the board reprimanded him for publicizing his view on an issue before the board, then censured him after he sued the board in state court. The board responded to the board

member’s federal claim by asserting that he could not claim that the censure was an adverse action because the censure was not defamatory, did not deter the board member from doing his job, deny him any privilege of office, or deter him from exercising his right to speak.

The district court dismissed the board member’s claim, but the 5th Circuit held that his 1st Amendment retaliation claim could proceed. The Supreme Court held that elected bodies have long exercised the power to censure their members, not only for objectionable speech directed at fellow members, but also for public remarks thought to be damaging. Further, the Court stated that the board member, as an elected official, consented to public office and put his character in issue. The censure was a form of speech concerning the public conduct of a fellow board member and therefore entitled to its own protection under the 1st Amendment.

DeBenedetto v. Lacey Bd. of Educ., U.S. District Court for the District of New Jersey (March 29, 2022)

A student sued a district alleging that it violated the 1st Amendment when he was suspended for posting a Snapchat in support of a school shooter while at his home. The student first posted that bullets he ordered were being shipped to his home. A few days later, the shooting occurred at Marjory Stoneman Douglas in Florida. The next day, the student reposted a Snapchat of another student holding a gun with the statement “Round 2 of Florida” and added text to that post supporting that student.

The district court denied the district’s motion to dismiss the case, holding that while off-campus speech is a “murky” subject under the 1st Amendment, the district failed to show a material and substantial disruption of the school’s operation or a nexus between the place of the speech and the school.

Garnier v. O’Connor-Ratcliff, U.S. Court of Appeals for the Ninth Circuit (July 27, 2022)

Parents sued a district alleging that their free speech rights under the First Amendment were violated when the district’s board blocked them from social media pages board members had used to communicate with constituents about public issues. The parents frequently posted critical comments of the board on the members’ pages. The parents sought an injunction forcing the board members to unblock them from the social media platforms.

On appeal, the circuit court affirmed the injunctive relief awarded to the parents, finding that the board members used their social media pages as a public forum in carrying out their official duties and that the restrictions imposed on the parents’ expression were not appropriately tailored to serve a significant governmental interest and so were invalid.

C.1.G. v. Siegfried, U.S. Court of Appeals for the Tenth Circuit (July 6, 2022)

A student who was expelled for an alleged anti-Semitic Snapchat post claimed the district violated his First Amendment right to free speech. The student’s post was made while he was off-campus. The father of a student was shown the post and was concerned enough to call the police, who visited the student’s home and found no threat. Another parent emailed the school and community leaders about the post. After an investigation, the district suspended then expelled the student for violating district policies.

The district court dismissed the claim, concluding that the school had the authority to discipline the student since it was foreseeable that the student’s post could cause substantial disruption and interfere with the rights of others. On appeal, the circuit court reversed, holding that the Supreme Court’s 2021 decision in Mahanoy imposed a heavy burden to justify interventions such as expulsion or other student discipline when off-campus speech that is not a true threat or obscene is at issue.

Interested in more from School Law Review? Contact our office at 501-372-1691.