LM Nov-Dec_2021

LegalCorner

Chad Watkins IASA Associate Director/General Counsel

To help school leaders navigate these uncertain times, IASA has partnered with leading law firms throughout Illinois to provide districts with critical guidance during the 2021–22 school year. In every issue of Leadership Matters, the IASA Legal Corner will showcase an article, sometimes several articles, written by attorneys who specialize in legal matters related to education. It is our hope you find the content insightful, timely and helpful in addressing the critical matters you face.

This month, Engler Callaway Baasten & Sraga, LLC writes about a legal decision regarding a school district’s ability to regulate student speech that occurs off-campus. The author is Luis Rodriguez. As a reminder, the articles are provided for informational purposes only, and you are advised to contact your district counsel for legal advice. Click on the link below to access the article.

Are School Districts Really Barred From RegulatingOff-Campus Student Misconduct?

School administrators, or perhaps just school district attorneys, experienced a sense of panic when the U.S. Supreme Court agreed to hear an appeal involving a Pennsylvania student’s vulgar off-campus speech related to school cheerleading. The panic for school districts located within the Seventh Circuit Court of Appeals, which includes all Illinois school districts, resulted from a Third Circuit Court of Appeals’ decision that could become the applicable case law across the country if upheld by the U.S. Supreme Court. In the controversial decision, the Third Circuit Court of Appeals opined that schools had no special license to

regulate student speech occurring off-campus. Would school districts have to change existing policies that subject students to disciplinary action for engaging in prohibited conduct if the conduct, no matter where it occurs, interferes with, disrupts, or adversely affects the school environment, school operations, or an educational function? Would school districts be unable to address student bullying that occurs afterschool on social media? Would the U.S. Supreme Court uphold the Third Circuit Court of Appeal’s opinion?.... (continue reading)...

27 LM Nov./Dec. 2021