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Date: 12/15/2021
NORTHAMPTON – During a meeting over Zoom on Dec. 9, the Northampton School Committee unanimously accepted a policy that informs the district about how to handle incidents of bias and discrimination in a school setting.
The policy, titled “Protections Against Discriminatory Bias,” underwent a first reading with retooled language during a Nov. 9 meeting after Bill Newman, director of the Western Massachusetts office of the American Civil Liberties Union (ACLU), sent a letter to the School Committee expressing concerns about the district’s “vague” language around speech restrictions and initial proposal to ban all hate symbols. Newman argued that these proposals could have a “chilling” effect on free speech and not hold up during a First Amendment challenge in court.
Layla Taylor, an employment and labor attorney at Sullivan Hayes & Quinn in Springfield, acted as counsel to the School Committee and assisted the body in developing language for a policy that would be legally defensible if a First Amendment challenge in court were to occur. The committee would eventually accept the language that Taylor recommended regarding the purpose of the policy, rather than the policy with ACLU language. Her recommendations included her analysis of the ACLU’s recommendations. The Rules & Policy Subcommittee was the body responsible for working through the language of the policy throughout the past few months.
“If there’s a finding of responsibility for a bias incident, we’ll meet with the student or students found responsible for a bias incident, and provide an appropriate educational intervention designed to increase the students’ understanding of the impact of their actions and conduct on others,” read Taylor’s language regarding how school administrators would handle an incident of bias at school. “While students will not be compelled to explain the reasons or the rationale or purpose for their speech, engaging and restoring good practices will be one of the possible options for intervention for all involved, if all involved parties agree and are open to participating.”
Taylor said that she added this language to make it clear that when a bias incident does happen, school administrators prioritize it as an educational moment. “I think they’re legally defensible for sure,” said Taylor, when speaking on her recommendations for the policy’s language. “I would not say or recommend anything that I thought couldn’t go into court and be defended.”
According to Taylor, if the committee voted to accept the ACLU’s recommendations, it would have been harder to respond to incidents that do not result in severe bullying or harassment of a student. By the ACLU’s definition, a bias incident either must cause a disruption in the school, or it will have to have constituted severe bullying or harassment.
“Adopting the ACLU’s language doesn’t mean that folks aren’t still potentially going to challenge this,” said Ward 5 subcommittee member Dina Levi-who was also instrumental in developing language for the policy. “I really appreciate Attorney Taylor’s suggestions, because I think they also strike me as legally sound.”
In the beginning of the meeting, Northampton students expressed their own experiences with bias and microaggressions within the district and advocated for this adopted policy. “Going to school every morning has become one of the hardest things for me,” said one student. “I know that every day that I walk into school, I have to deal with microaggressions and people who just don’t like me or respect me for who I am…it is exhausting.” The first reading in November also featured a public comment section where students testified about specific experiences in school.
The policy goes into full effect on Aug. 31, 2022.