Presentation Transcript

1. . . . When visitors take a “disruptive” interest in school activities

   Saying “no” to school guests
2. True tales  The law  Check list
3. Disruptive Parents at Sporting Events Mean Mom Practices Games Disgruntled Dad Competitions Letters Board meetings True tales 
4. Parents who confront students Mom goes to school Dad goes to school Approach after school True tales 
5. Potentially Unstable Parent Spoke at board meeting Distributed printed material in neighborhood Emailed friend and acquaintances Signs in yard Parked at school and honked Records requests True tales 
6. Parental “Parking lot activity” Criminal charges Charges dropped True tales 
7. Parent “can do a better job” Frequent visits to classroom Changed teachers Visits Evaluation Friends Intimidating, impolite, critical “parental involvement program” PTO and teachers rallied True tales 
8. “You can’t do that because . . . ”  The law 
9. “The Government, ‘no less than a private owner of property, has power to preserve the property under its control for the use to which it is lawfully dedicated.’” -U.S. Supreme Court Greer v. Spock (1976) I’m a taxpayer and this is PUBLIC PROPERTY
10. School officials have the authority and responsibility for assuring that parents and third parties conduct themselves appropriately while on school property. Lovern v. Edwards, 4th Cir. (1999)  The law 
11. In Utah: Local Boards make and enforce rules necessary for the control and management of the district schools. (UCA 53A-3-402(15)) Manage, direct, control use to assure limited public forum, no interference with school function or purpose. (UCA 53A-3-414)  The law 
12. In Utah: School authorities have the responsibility and authority to reasonably control school property.  The law 
13. The right to be present does not grant the right to behave in uncontrolled manner! May restrict: disruptive behavior failing to follow visitation or attendance policy intimidating behavior toward staff Sandoval Comm. Sch. Dist. #501, 30 IDELR 60 (1998) First Amendment Freedom of Speech
14. Parents do not have a constitutional right to access school premises. Abegg v. Adams/Arapahoe School District, US DistColo 2012 Right to control upbringing of my child.
15. In Utah: Manage, direct, control use to assure limited public forum, no interference with school function or purpose. (UCA 53A-3-414) New Law Parent’s Rights UCA 53A-15-1401 Reasonably accommodate a parent’s request to visit and observe class: Impact on staff Safety and supervision Efficient allocation of expenditures Academic and behavioral impact on classroom and other students  The law 
16. If “fundamental liberty interest”, then Due Process must be afforded. Here, no constitutional right exists. Standard: govt action so arbitrary and outrageous it shocks the conscience of federal judges. Camuglia v. City of Albuquerque 10th Cir. 2006 Due Process. Right to a hearing.
17. In Utah: Reasonable request to observe class No hearing right if denied Participate in IEP – can be through electronic means Due Process Hearing Criminal Trespass Appeal in criminal court  The law 
18. Discriminationv.Distinction Protected Race Nationality Religion Gender Disability Age Citizenship Not-protected Pink hair Rude Threatening mean Pushy Stinky Bossy Discrimination. You didn’t make Johnny’s dad do that. Strict Scrutiny Rational Basis
19. Discrimination Strict Scrutiny Rational Basis Protected Compelling government interest and narrowly tailored (necessary) solution. Not-protected Rationally related to a legitimate governmental purpose. Treat people similarly situated in the same way.  The law 
20. Discrimination Treated differently than other similarly situated parents “Protected class” was the reason you treated them differently.
21. Discrimination None of the parents Plaintiff compares herself to: were the subject of multiple vigorous complaints by school staff or other parents Complained in such a strident fashion Wrote numerous emphatic letters to school Repeatedly requested students transferred Entered class without acknowledging teacher Attempted to have outsiders evaluate Not Similarly Situated  The law 
22. Discrimination Legitimate Interest Government Action Not A Protected Class Rational relationship  The law 
23. Discrimination Maintain positive education environment Control disruptive parent’s access. Rational Relationship Test Rational relationship  The law 
24. Utah Code 53A-3-503. Criminal trespass upon school property – Penalty. Checklist 76-9-106. Disrupting the operation of a school. Know law or policy 76-8-1402. Disruption of activities in or near school building – Failure to leave – Reentry – Penalties. District Policy – Safe Schools Utah High School Athletic Association Sportsmanship Standards Check list
25. Checklist Know law or policy Notice on entrances Check list
26. Checklist Legitimate reason Apply uniformly Provide opportunity for “their side” of the story if not personally observed Know law or policy Notice on entrances Make decision Check list
27. Checklist Can be a warning but not required Can be verbal May be as part of trespass letter Know law or policy Notice on entrances Make decision Personally inform violator Check list
28. Checklist Follow up with “Trespass Letter” Include word “trespass” and code Provide for exceptions Opportunity for written response if not previously given Assure delivery – certified or hand-delivered Inform SRO or local law enforcement Keep copy available to show law enforcement if called Know law or policy Notice on entrances Make decision Personally inform violator Trespass Letter Check list
29. Checklist Know law or policy Notice on entrances Make decision Personally inform violator Trespass Letter Alert employees Employees who have a need to know to do their jobs Who may be likely to come into contact with the person Be objective -- don’t diagnose How to respond Check list
30. Checklist Know law or policy Notice on entrances Make decision Personally inform violator Trespass Letter Alert employees Work with SRO/Law Enforcement Establish emergency procedures and protocols with school security personnel and local law enforcement. Check list