Today is March 14th, 2018…it is the one month anniversary of the Parkland, Florida tragedy. I am not an attorney nor do I have the desire to be one, however from time to time my job requires that I behave like one at work.  Today was a day where many students exercised their First Amendment Rights in some way, shape or form throughout our Nation and here in Olmsted Falls, Ohio. Students, today is a day that you will likely read about in a history book. Just how the day unfolded for students varied from state to state and district to district. For instance, some school districts gave students carte blanche and in other instances their right of expression was limited.

Tinker v. Des Moines Independent Community School District is THE case that was heard by the U.S. Supreme Court in 1969 related to student speech rights. Here’s a quick synopsis of the case–In 1965 a small group of students in a very large school district in Iowa wore armbands as a symbolic protest of the Vietnam War and they were disciplined by the school district because the district believed that the armbands would “materially and substantially interfere” with the operation of the school. After numerous appeals, four years later the Supreme Court ruled in favor of the students (a 7-2 vote). You can read the court’s opinion here . Essentially the Supreme Court ruled that the district gave students discipline because of a fear of a possible disruption rather than any actual interference. The school disciplined the students for what might have happened  before it actually happened. While the court’s decision was about symbolic free speech, the court indicated the symbol was “akin to pure speech” and was therefore protected. In short, a student’s right to free speech (even when expressed in the form of an armband and peace symbol) can’t be limited because of a fear of disruption to education, but it can be limited when the speech is in fact disruptive to education.

While students do have Free Speech rights under the Constitution, those rights are not unlimited. They aren’t as broad as they might be for an adult functioning in everyday society. In short, the right of expression for the individual ends when normal school functions are impacted. Who determines if normal school functions are impacted? The school administration.

I am writing to provide some perspective…in fact, my perspective. As the superintendent there are decisions that I make that are easy and fun. People like them because they fully agree. In other instances I have to make a decision that some disagree with. It comes with the territory and I accept full responsibility for my decisions. Our district took a very middle of the road and conservative approach to the first National Student Walkout.

Here Is What We Permitted

While one could make a very convincing argument that a student walkout was indeed a disruption to education, Olmsted Falls Schools did not take this approach.

• We permitted students to leave their classrooms and we did not discipline them for doing so.
• Some students spoke, signed a banner to remember the lost lives from Parkland, FL and others wrote a letter to their politicians. School was disrupted for approximately 20 minutes.

Here Is What We Did Not Permit

• We did not permit the creation of a forum for gun control.
• Students were not permitted to distribute fliers during the school day within the school to advertise the student walkout.
• Students were not permitted to hold signs with a symbol of a gun (even if the symbol said “no guns.”).
• Students were not permitted to display banners within the building that said anything pertaining to gun control.       

While I have my own personal views on the issues being debated at the National level when it comes to the 2nd Amendment, I am not permitting a forum to be established within our school district regardless of where an individual stands on the issue (including where I might stand). If I permit a forum, that forum opens for those opposed and for the issue, and it creates the potential for other issues to have a forum.

Today, my goal was to keep students safe and maintain an orderly environment. Each school district community handled today’s events in their own way and while some may disagree with our conservative plan, it got the job done–students spoke their minds, kids were safe, the environment was orderly and the learning resumed.  I was very proud of the way in which our students and staff conducted themselves today and you should be too. They were safe, respectful and responsible. I sincerely appreciate the ongoing support we have received by our Police Department. Every time we’ve needed additional support, they have delivered.

On March 21 at 7:00 in the High School Auditorium we will have a community forum to talk about school safety in Olmsted Falls Schools. During that time we will provide attendees with an update as to what we’ve done to maintain a safe environment and what we are going to do in order to make it safer. We will talk about the physical plant, our personnel, student mental health and how the most preventative measure as it relates to school violence is connecting kids–to one another and to the adults. Keeping schools and students safe is complex. It takes significant cooperation between school, home and community.

Thanks for your time and consideration.

Sincerely,

Jim Lloyd, Superintendent

I have worked as an educator within public schools for 24 years and unfortunately have witnessed the evolution of school safety that has occurred due to the violence and murder of our children. After each destructive episode, we gathered the school people and first responders to review our processes and procedures to ensure our protocols are updated. Many school communities have conducted forums on school safety and we will do the same. We will be providing our community with a communication forum on school safety in order to let them know what we’ve done and how will continue to improve. That meeting will take place at 7:00 p.m. on March 21st in the High School Auditorium.

The most recent school tragedy that occurred on February 14, 2018 in Parkland, FL, feels different from the others. Perhaps we are at a societal tipping point or a group of students from Marjory Stoneman Douglas High School have empowered other students because they’ve been so inspirational in the face of this horrific tragedy.  The Parkland incident has inspired many students across the Nation to take a stand or weigh in on school safety, mental health supports and gun control. School districts across the Nation are handling this situation in various ways.

The issue of student protests is a legal one and the Federal and Supreme courts have provided rulings on the First Amendment Rights of students (see Tinker v. Des Moines). In order to be clear with our parents and community, I wanted to provide you with some information.

1. While some districts have taken an active role in organizing a protest or walkout for their students, our school district has elected a different approach. We believe that supporting or facilitating a walkout would create a forum for such activities and while many are supportive of the basic tenets that have led to this National movement, the potential exists for other issues to surface that may be more controversial or divisive. We believe that if the school district would support one cause, it would be forced to take a definitive position or create a forum for others. As a result, we have elected to support our students’ Constitutional Rights–the rights of those who choose to participate and those that choose not to participate. ALL students will be supervised and kept safe.
2. Students have constitutional rights and are permitted to exercise them so long as they do not interfere with school activities, or make a disturbance. We will support their constitutional rights.
3. The administration has spoken with several students regarding walkout intentions. If students are unclear as to what the district’s and building principal’s position is, we encourage them to schedule an appointment and work with their building principal in order to gain clarity on the expectations. We want to support our students.
4. Our understanding is that the high school students are looking to organize on a date in April due to the anniversary of the Columbine Tragedy. Some middle school students are discussing a walkout on March 14.
5. With the assistance of our safety forces, the building administration and staff will be prepared for any walkout/protest that might occur in the interior or exterior of the building. Student safety is our number one priority.
6. The district is not encouraging a walkout and at the same time we are not permitted to prevent one should the students decide to engage in one.  We are listening to students and if they decide to exercise their Constitutional Rights at school, our job will be to keep them safe and maintain order. Any student walkout will not be open to the public or the news media.
7. So long as students are not making a disturbance, being disorderly or behaving inappropriately, students will not be disciplined. Students are not permitted to leave the school grounds. Simply put, those that do will be in trouble.
8. Should a student walkout/protest occur, we will keep students safe and they will be escorted back into the building after it concludes (if they choose to walk outside).
9. While the administration cannot physically prevent a walkout or protest from occurring, they have the discretion to determine when it is disruptive and if it interferes with the instructional environment.

Over the course of the past week I’ve spoken to parents who have been outspoken of my position on this issue. There are those that wish we would do more and those that would like us to do less. My approach is a moderate one and one with an emphasis on keeping students safe and maintaining an orderly instructional environment.

Never before have I seen young people this impacted and aware. Our students care and they want a voice in this matter. While there are structures that I must adhere to, I feel a duty to support them and to listen. As a school community we will continue to explore ways to make our learning environments safer and support the mental health needs of our kids.

Thanks for your consideration.

Dr. Jim Lloyd, Superintendent for the Olmsted Falls City School District

March 5, 2018

Dear Chairman Blessing, III; Vice Chair Reineke, Rep. Faber, Rep. Ginter, Rep. Greenspan, Rep. McColley, Rep. Pelanda, Rep. Seitz, Rep. Smith, Rep. Clyde, Rep. Johnson, Rep. Kennedy-Kent and Rep. Sweeney,

My name is Dr. Jim Lloyd and I am the superintendent for the Olmsted Falls City School District which is located in southwestern Cuyahoga County.  Unfortunately I am unable to be physically present at the scheduled hearing for proposed Ohio House Bill 512. I write to you with significant, fundamental concerns related to the contents of this bill.

Fundamental to our great country’s government operations is the concept of the separation of power. While our founding fathers recognized that concentrated power would have had an impact on our country’s ability to act quickly, they had some  very poor experiences working with a particular individual from a foreign land who operated quickly in an arbitrary and capricious manner. These actions led to a revolution and the founding of a country. While tempting, concentrating power into a single person’s hands for the sake of operating efficiently has never been a good idea. Government should be limited, not emboldened and absolute power corrupts absolutely.

Ohio House Bill 512 transfers nearly all of the duties and authority of the State Board of Education and the superintendent of public instruction into a new state agency with far too much power. Doing so removes the avenues that are currently in place to allow for input from students, parents, teachers, administrators, schools, school districts, superintendents and local school board members. While it may appear to create a system that may be more efficient, it abandons the fundamental principles of representative government. Moreover, it further exacerbates the concern that educational decisions will be be politically motivated with very little public input.  

My fellow superintendents throughout the State of Ohio have been strongly advocating for greater local control for quite some time; indeed Ohio’s citizens have voiced a desire to have government remove itself from the day to day operation of public schools as evidenced by surveys that my district has conducted with our public, and those that the Ohio Department of Education has as well.  While we recognize the need for a baseline of symmetry and structure within Ohio’s public education system, we believe that leadership at the local level understands the system’s needs best, and should therefore have the flexibility to operate accordingly. When the group of superintendents and Ohio Senator Huffman made significant progress with proposed Ohio Senate Bill 216, it encouraged those of us at the local level that we were indeed being heard. House Bill 512 represents a significant step backwards. It is the opposite of deregulation and represents the creation of a very powerful government controlled position.   

Ultimately public schools (and public universities) do not need government to assume control for us, or of us. We need the Ohio General Assembly to engage us, empower us, communicate, collaborate, and problem-solve with us. Finally, once that vision has been set, we need them to get out of the way so that the people who have been hired to implement can indeed do just that. While some would criticize the Ohio Department of Education and the Ohio State School Board (and I have been personally outspoken); the nearly powerless system within which both groups operate is a structure that has been in place for a while.  The Ohio General Assembly and the Governor’s office have controlled public education in Ohio for over two decades by creating accountability laws and piling on more standardized tests. We’ve been given test-based accountability, a broken high school graduation system, a failed funding model and a host of other things that simply have not worked. Trusting full educational power and decision making to a group that does not have a very good track record of making good decisions about educational policy is a very bad idea.

Students, schools and communities are best served when decisions are made at the local level and supported by state and federal entities. We need limited government, not more government. Proposed Ohio House Bill 512 completely violates this principle.      

Respectfully Submitted,
Dr. Jim Lloyd, Superintendent

Olmsted Falls City School District