School districts shouldn’t cower to Rokita’s opinion

“This Is a Human Rights Issue.”

At a recent Lake Central School Board meeting, a new policy was introduced, similar to others in primarily suburban communities, that states “Lake Central will only permit classroom displays and decorations that are neutral politically or religiously”. The effect of this policy is to ban the hanging of posters or flags related to Black Lives Matter and LGBTQ+ in classrooms.

This policy is the result of school systems feeling pushed into a corner due to Attorney General Todd Rokita’s legal opinion that identifies “Black Lives Matter” aka Black Lives Matter Global Network Foundation, exclusively as a political organization. Rokita implies that the simple phrase of “ black lives matter” is now political.

First, an Attorney General’s “Legal Opinion” is just that, an opinion, not a law, and certainly not an official interpretation of the Constitution. Rokita’s reference of The Hatch Act is misplaced in that it actually applies to protecting federal workers from being coerced into supporting political candidates.

Second, for students and teachers, as per the Supreme Court ruling in Tinker v. Des Moines Independent Community School Districtthey do not “shed their rights to freedom of speech or expression at the schoolhouse gate”, especially on the premise that it “might” disrupt the learning environment. Certainly, simply having a parent, or a few parents, object to such free speech expressions by students and staff does not automatically constitute a disruption to the learning environment in individual classrooms.

Third, as a caveat, School Board policies can establish limits as to what teachers can present as personal views to students as a captured audience, especially where it may not apply to their subject matter. Students, on the other hand, are completely protected as long as speech is not hate, vulgarity, sexually explicit or drugs.

Fourth, the core issue here, however, is that public schools serve ALL students, regardless of religion, culture, race, sexual orientation, ability, or handicap. Further, it is also the responsibility of a public school to create a safe, equitable and supportive environment for ALL students. Further still, when students are part of a group where there is a history of discrimination and marginalization in society, they need to know clearly and publicly that they are protected and safe from such negative treatment in their school.

Finally, Todd Rokita’s “opinion” is itself a thinly disguised political opinion based on a political platform that diminishes the realities of discrimination against people of color and lays groundwork to label LGBTQ+ as political as well.

Banning visible support for minority and LGBTQ+ students within schools is to create an environment that in effect makes them and their experiences “invisible” to the consciousness of society.

Schools must find solutions to live up to their responsibilities to foster inclusiveness and understanding and not be intimidated by the political agendas of politicians.

Tony Lux is a the retired Superintendent of Merrillville Community Schools.