Our legislature passed a law last session outlining exactly how school administrators can remove an unruly person from campus. We did not need that law. You guys already had the authority to take care of business, and this new law just mucks it up with procedural requirements.
In other states, it’s simpler. A California district was sued by parents who alleged that their constitutional rights had been violated when the school temporarily restricted their access to some school events.
The court granted summary judgment to the school district on the retaliation claim. The school district presented a legitimate, non-discriminatory and non-retaliatory basis for its action. The First Amendment claim fared no better. The court noted that a public school is not a public forum for First Amendment purposes, and the parents had no constitutionally protected right of access to the school:
The Supreme Court has held that school administrators have the right to immediately remove from school property individuals who pose a threat of an ongoing disruption to the academic process. Goss v. Lopez.
The case is Camfield v. Board of Trustees of Redondo Beach USD, decided by the federal court for the Central District of California in 2017. We found it at 70 IDELR 126 (C.D. Cal. 2017)
DAWG BONE: YOU ALREADY HAD THE AUTHORITY….
Tomorrow: One for your “don’t try this at home” file.