Dear Editor,
This week, some teachers and students at Gilroy High School
participated in a national
”
Day of Silence
”
to protest discrimination and harassment of gay and lesbian
students.
Dear Editor,
This week, some teachers and students at Gilroy High School participated in a national “Day of Silence” to protest discrimination and harassment of gay and lesbian students. The Dispatch article about this event did not clearly articulate my position, nor did it address some very important issues surrounding this activity.
The purpose of the national “Day of Silence” is to call attention to discrimination and harassment of gay and lesbian students in schools and to make discrimination and harassment unacceptable. I have been a strong supporter of appropriate school-based activities that advocate the elimination of discrimination based on disability, gender, race, religion or sexual orientation. In addition to being a worthy cause, education code requires school districts to undertake educational activities to minimize and eliminate any type of discrimination on school grounds. The purpose of the “Day of Silence” is consistent with this cause and state law.
Although I support the purpose of Day of Silence, I believe the national organization picked the wrong method for schools to bring attention to this cause. Refusing to speak impacts the ability to teach and learn. My preference is that all organized protest activities take place outside the classroom. Principal Bravo made it clear that classroom instruction was not to be disrupted, and he and his administrative team visited every classroom to ensure appropriate classroom instruction was taking place. However, in spite of his efforts, limited participation, and advance preparation by teachers, the question still remains about the appropriateness of an activity that limits active participation by both teachers and students. In my opinion, teachers need every available method every day, in order to meet the instructional needs of students. I also wonder if we have opened the door for others to use silence as a form of protest during instructional time.
The obvious question, and the question I have been asked many times is, “Can the district prohibit students and teachers from participating in the Day of Silence once they enter the classroom?”
Good question! Students have a right to participate in the “Day of Silence.”
Education Code gives students the right of free speech in public schools. Although there are limits on these rights, they are narrow. Teachers also have free speech rights and legal guarantees of academic freedom. And, because the Education Code specifically requires school districts to undertake educational activities to eliminate hostile environments on school grounds, staff participation in the “Day of Silence” may not be considered political activity or personal expression. It could be argued staff was simply implementing the law. Based on comments I have received so far, it may be difficult for some to believe that as an employer, the district doesn’t have absolute control over what happens in the classroom.
However, at this point the legality of prohibiting participation during class time is legally ill defined and still unclear to me. I will continue to seek counsel to give clear direction regarding participation in these activities during classroom time in the future.
This issue will also be discussed during the April 21 Board of Education meeting. I will be meeting with the GHS staff and participants in “Day of Silence” activities to evaluate the day’s activities and come up with a solution that supports our core mission of delivering high-quality instruction to every student, every day, in every classroom and in a way that is consistent with California law.
Edwin Diaz, superintendent,
Gilroy Unified School District
