A middle school in Carson City is facing potential legal action after officials threatened students with in-school suspension for participating in political protests. The American Civil Liberties Union of Nevada says the school's warning appears to violate students' First Amendment rights by singling out political speech for harsher punishment than a standard unexcused absence.
The controversy centers on an email sent to families at Eagle Valley Middle School (EVMS) ahead of planned student walkouts. While a nearby high school informed parents that protesting students would receive a simple unexcused absence, the EVMS message included the additional threat of truancy citations and in-school suspension, a move civil rights attorneys argue is unconstitutional.
Key Takeaways
- Eagle Valley Middle School warned students of truancy and in-school suspension for protest-related absences.
- The ACLU of Nevada claims this constitutes a First Amendment violation by punishing students for the content of their speech.
- A different school in the same district, Carson High, only issued standard unexcused absences for protesters, which the ACLU deems legally acceptable.
- The Carson City School District maintains its policies are applied equally, but the ACLU is prepared to litigate if a complaint is filed.
A Tale of Two Schools
The issue came to light last week amid nationwide student walkouts protesting federal law enforcement actions. In response, administrations at two schools within the Carson City School District sent different messages to parents.
Carson High School notified families that students leaving class to protest would be marked with an unexcused absence. This is the standard consequence for any student missing class without permission, regardless of the reason.
However, the communication from EVMS Principal Gina Hoppe went further. It specifically warned that students participating in the walkout faced not only an unexcused absence but also a truancy citation and in-school suspension (ISS). It is this escalation of punishment, tied directly to the act of protesting, that has drawn legal scrutiny.
What is a First Amendment Violation in Schools?
Federal courts have consistently upheld students' rights to free speech, including political protest, as long as it does not substantially disrupt the educational environment. While schools can punish students for missing class, they cannot impose harsher penalties simply because the absence was for a protest. Punishing the speech itself, rather than the act of being absent, is where the legal line is often crossed.
ACLU Alleges Constitutional Overreach
The ACLU of Nevada was quick to challenge the middle school’s stance. According to Athar Haseebullah, the organization's Executive Director, threatening students with extra punishment to discourage them from protesting has a "chilling effect" on free speech.
"The notion that they would send out an email in advance...actually has a significant chilling effect on First Amendment activity, and would likely be viewed as a prior restraint in violation of the law," Haseebullah stated.
He explained that schools are not permitted to discipline students for exercising their constitutional rights. The key distinction, he noted, is whether the punishment is for the absence or for the political message behind the absence. By adding ISS specifically for protesters, EVMS appeared to be punishing the message.
Haseebullah clarified that discipline would be warranted if students became disruptive *within* the classroom, interrupting the learning of others. However, a walkout where students leave campus does not typically meet that standard.
District Defends Its Policy
In a statement, the Carson City School District defended its actions, asserting that its policies are applied consistently to all students.
"All schools in the district diligently adhere to their attendance, behavior and safety policies and regulations, as well as all applicable laws," the district said. "That adherence is applied steadfastly, equally to all students and does not change as a result of any desire to protest."
When asked directly if all students who are truant automatically receive in-school suspension, the district responded that ISS is an "option" that depends on the severity and frequency of the truancy. This suggests ISS is not a mandatory consequence for every unexcused absence, raising further questions about why it was presented as a certainty for protesters.
District Policy on Truancy
The Carson City School District's attendance manual states that students will not be suspended for truancy, in accordance with Nevada state law. It does not specify, however, whether this applies to in-school suspension. The manual also defines a walkout as a potential "unexcused missed instruction," which is not considered a full absence and is only subject to discipline if it becomes a chronic issue.
Historical Precedent and Future Action
This is not the first time EVMS students have participated in a walkout. In 2006, students protested proposed federal immigration legislation. According to reports from that time, the school's administration handled the situation differently.
Then-Principal Fred Mariani encouraged students to protest safely on campus. He offered the gymnasium as a supervised space for them to gather and express their views. Disciplinary action was only threatened for students who left campus and created a public safety issue, not for the act of protesting itself.
Looking forward, the ACLU has made its position clear. While the organization does not actively seek out lawsuits, it will respond if a formal complaint is filed by an affected student or family.
"The district, in my opinion, should get in touch with whatever principal or school leadership sent out such an email and fix this," Haseebullah urged. He added that the ACLU's goal is not litigation but to ensure students' rights are protected. If the district fails to act, he warned, it could find itself "mired in hot water."