Legal Brief
Uncivil Rights: Preserving Decorum at Board Meetings
By Wayne Young/School Administrator, March 2017

The father of a special-needs student in Vermont grew increasingly unhappy about the services his child was receiving from the school district. He made repeated, often daily, visits to the school and regularly spoke at school board meetings.

The father was a physically imposing man with hearing difficulties, which caused him to speak loudly. He frequently took to social media and expressed extremely hostile views toward school officials and teachers. He also engaged in other quirky behavior, including stakeouts of school property in his car. Numerous school staff, and an independent psychologist involved in his dispute with the district, expressed fear for their safety as a result of his erratic and escalating behavior.

The superintendent eventually issued a “no trespass” order to the father, barring him from school property, including board meetings. The father filed suit in federal court, claiming violation of his free speech rights. The case was settled, with the parent receiving approximately $150,000.

Laying Groundwork
Requiring civility from members of the public on school grounds, and particularly at school board meetings, is fundamental to the orderly transaction of the people’s business. While it is reasonable to assume people will conduct themselves appropriately in these settings, it is best practice to have in place a framework that not only contributes to an atmosphere of appropriate behavior but also anticipates occasions when it does not occur and provides for effective responses in those situations.

A sensible first step is for a board to have in place clear, thoughtful policies addressing expectations regarding public participation in board meetings. A simple set of guidelines for addressing the board, clearly communicated to citizens in advance, can go a long way toward preventing outbursts, interruptions, shouting matches and other forms of chaos and disruption that can occur in the sometimes heated setting of a school board meeting.

If it is known in advance that a belligerent or disgruntled individual will be present to address the board, or if a sensitive or contentious issue will be on the agenda, some preventive maintenance is in order. Superintendents and board members must know their own words and demeanor can incite or mitigate the behavior of those in attendance. The board chair and superintendent should discuss in advance the potential for disruption and should be prepared to address it if it arises. The board attorney also can be at the ready to intervene before a situation gets too volatile.

Bad Things Happen
In spite of the best efforts of school officials, some citizens attend board meetings with the intent to be disruptive or hostile or with the inability to control their anger and demeanor. Planning and anticipation are of no consequence. They are going to misbehave. What then?

Behavior at a public meeting is like behavior in any other public place. No one has a right to be threatening toward others or to prevent the public body from carrying out its work. Criminal laws barring trespass, public disturbance or disorderly conduct are applicable. Be prepared to obtain assistance from law enforcement when an individual’s conduct interferes with the conduct of a meeting. It may be appropriate to recess the meeting until the person can be dealt with effectively.

My state has a law specifically targeted toward those who interfere with school personnel who are carrying out their duties. It carries a criminal penalty. Check your statutes for similar provisions.

After the fact, there may be options for banning a previously disruptive or threatening individual from attending school functions or being on school property. In some states, the school district may have the autonomy to impose such bans on its own, while others may require the involvement of the local judge or state’s attorney.

In any case, anticipating the likelihood of occasional misbehavior by the public and planning for how it will be handled if it occurs are wise first steps.