WSSDA%204500.pdf

Parent document: Regular Meeting and Budget Presentation-06-12-2024.pdf

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finesse. Policy may prohibit “fighting words” any time during
a board meeting. Fighting words are words that include a call
to violence. Additionally, if the board reasonably perceives
that speech will disrupt the orderly and fair progress of the
discussion or if speech reaches the level of obscenity, board
policy can prohibit it. However, it is not yet clear whether
policy may forbid simple profanity during the public comment
period of board meetings in the interest of preserving
meeting decorum. Remember, the board has much more
authority to adopt policies that place restrictions on public
speech during the agenda portion of the meeting. During
the agenda portion of the meeting, the board is justified in
limiting its meeting to discussion of specified agenda items
and imposing reasonable restrictions to preserve the civil-
ity and decorum necessary for a school board to conduct
its business.

The OPMA provides authority for boards to limit the time of
speakers to a uniform amount (such as three minutes), but
what time restrictions pass the constitutional tests? Finally,
some good news for boards: the courts have widely viewed
time limits on speech to be constitutional restrictions on the
time, place, and manner of speech. Courts have upheld time
limits as short as two minutes, noting that time limits allow
boards to conserve time and give the maximum number of
individuals an opportunity to speak.

«

... if the board reasonably perceives that speech
will disrupt the orderly and fair progress of
the discussion or if speech reaches the level of
obscenity, board policy can prohibit it.”

Importantly, the right to petition government does not create
in the government a corresponding duty to act. Nothing in
the First Amendment suggests that the rights to speak,
associate, and petition require government policymakers
to listen or respond to individuals’ communication on public
issues. Instead, boards will do well to provide permissive
public comment within the time limits without comment. Ifa
speaker's comments become questionable, the chair should
briefly interrupt the speaker with a reminder or request for
decorum, while reserving the act of terminating a speaker's
remarks to only those narrow reasons discussed above.

WSSDA has revised Model Policy and Procedure 1400
- Meeting Conduct, Order of Business, and
Model Policyand | Quorum with the overall goal of providing

Procedure districts with more clarity about the opera-
Mecing oomuct tion of their board meetings and including
Order or Business , more language addressing constitutional

and Quorum considerations.

AUGUST 2018

the buzz

ABOUT DRONES AND SCHOOLS

Model Policy

4500
Unmanned Aircraft
System and Model

Aircraft

After receiving several requests, WSSDA
has developed a new policy for drones.

Drones are small robotic aircraft that individuals fly via
remote control. The Federal Aviation Administration (FAA),
which governs the use of drones, also uses the term
unmanned aircraft system (UAS). Initially used by the
military, drones have captured the world’s attention, be

it in education, for entertainment, or for commercial use.
Across the state and the nation, personal drones have
become increasingly popular and students and educators
are eager to get drones into extracurricular activities and
into the classroom.

According to enthusiasts, drones make new technology
accessible, encouraging students to study subjects they
might otherwise not consider. Academic uses of drones
include programming, software coding, and 3-D printing.
According to a recent New York Times article, not only are
colleges offering drone classes, several colleges are also
offering degrees in drones. Whether or not your district
is incorporating drones into the classroom, for policy
purposes, boards need a policy governing unauthorized
use of drones on district property or at district events,
such as athletic competitions.

WSSDA's new Model Policy 4500 - Unmanned Aircraft
System and Model Aircraft provides a clear statement,
prohibiting unauthorized use of drones and reserving all
the district’s rights to remove or refuse entry to anyone
engaged in unauthorized drone use. The model policy also
includes the necessary definitions, sets out the approval
process, and reflects the laws set forth by the FAA.

‘For other examples see Wolpert-Gawron, Heather, “Drones Can Be Fun—and
Educational.” Edutopia, https://www.edutopia.org/blog/7-ways-use-drones
-classroom-heather-wolpert-gawron
2https://www.nytimes.com/2018/04/05/education/learning/schools-drone-
programs.html

POLICY AND LEGAL NEWS = WSSDA_ 15