The Milford school board is set to consider an updated policy across its schools.
That policy would require staff to ensure all learning environments are free from content, items or conduct that could create an “intimidating, hostile, or offensive educational environment,” as proposed in a revised policy set for consideration Monday night. Such subject matter is not explicitly defined.
The board said the policy aims to see staff and students “teach and learn about instructional material, rather than the issue.” The drafted language would also require educators to present multiple viewpoints and “the expression of the opinions of others” on any such controversial topics, encouraging students to examine them.
It would seem the proposal itself has already proven controversial. And Thursday, the ACLU of Delaware penned a letter to the school board.
“Milford’s proposed policy would chill the free speech and expression of both students and staff members,” wrote Mike Brickner, executive director of the ACLU of Delaware, in a following press release that afternoon.
“A single person could object to teaching of core concepts in history, science, health or other topics under the guise of being offended. Students could also be targeted for exhibiting different political or religious speech on their clothes or personal items, allowing others to dictate how or whether they express themselves.”
The civil liberties organization looked to warn leadership that their policy, as revised, stands to violate the constitutional rights of students, staff and educators.
The school board did not respond to requests for comment by the time of publication. Friday morning, a Milford School District spokesperson said the district had no comment on the proposed policy.
In its draft opening, revised this month, the board said it believes students should have opportunities to examine sensitive issues “within the context of the formal education experiences,” as “education for effective citizenship is a major goal of the Milford School District.”
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‘Unconstitutionally chill the First Amendment rights’
The Milford school board defined controversial or sensitive material as that “which, when introduced, arouses strong reactions representing differing points of view. There are many subjects, which by the nature of contemporary society, are intrinsically controversial/sensitive.”
One student’s first concern was about such vagueness.
“Next, I asked: Why? Why revise this 50-year-old policy now?” posed Ricardo Bruinton Jr., rising senior and student representative for the district.
Bruinton said he was told by board members informally that the main concern in updating this policy is the prevalence of political symbols and flags in the classroom. The Milford High student believes this aims to mute expression.
“The issues don’t end there,” he said, thinking of Pride merch or similar materials. “This policy could very easily be used to stifle student opinions. If an emblem is so disruptive that it meets the ‘substantial interference’ standard the board is setting, then why should students be allowed to have similar emblems?”
The ACLU also cautioned this revised policy would be overbroad, while providing little guidance to educators.
“As a result, many staff members may feel a chilling effect from bringing up any topic that could be construed controversial and would be hesitant to share certain important educational information,” Brickner wrote. “For example, history shows us that the instruction of evolution, slavery, climate change, health sciences and other core educational topics ‘arouse strong reactions.’ Educators might feel forced to avoid these topics.”
This could threaten protected rights of expression, he said, in broad strokes — from lesson topics and materials, to messages and images on students’ clothing, or even belongings that express political or religious beliefs.
The policy also looks to compel certain speech, according to the ACLU, as teachers would need to navigate how to present multiple viewpoints. Educators are encouraged, as written, to promote tolerance and not use their own positions.
The executive pointed to the challenge of such vague wording when it would come to issues like the Holocaust, scientific topics like evolution and more.
Under federal protections, students already may not be targeted, bullied or discriminated against because of their race, sex, sexual orientation, gender identity, national origin, disability, among other characteristics.
Brickner said this policy would create more problems than it solves. Bruinton pressed the board should pivot to issues like improving education outcomes and student safety.
“Milford should abandon this policy altogether. … Policy 6103’s insertion of ‘offensive’ concepts will only serve to unconstitutionally chill the First Amendment rights of both students and staff,” Brickner wrote. “We urge the school board to reject this policy.”
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Contact Kelly Powers at [email protected] or (231) 622-2191, and follow her on X @kpowers01.
This article originally appeared on Delaware News Journal: Milford board to consider banning ‘controversial’ issues in schools
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