SLRC UPDATE:
24 June 2003

Another Castorina Victory

Boyle County Schools Rescinds Ban on Clothing Displaying Confederate Flag
by Gary Moyers - Advocate Staff Writer

Administrators at Boyle County schools have been forced to work without dress code guidelines recently.

Responding to a challenge from some students and the Sons of Confederate Veterans, the district has rescinded a ban on clothing and emblems displaying the Confederate flag.

The district's entire dress code is now under review for next year.

"We have changed the interpretation of our dress code, and we're going to review the entire policy starting in June," said Boyle Superintendent Pam Rogers.

A landmark decision by a federal appeals court in 2001, Castorina v. Madison County schools, is the basis for Boyle County's decision.

A group of students sued the Madison County school system in 1997 after they were suspended for wearing T-shirts bearing the Confederate flag.  One student eventually won the suit after appeals, and the court system ruled that barring the flag is an infringement on the First Amendment right to free speech.

"The questions arose at Boyle Middle School when some students wore emblems and shirts with the flag displayed," said Rogers. "Prior to that, it had been our policy that any emblem or apparel deemed to be disruptive to the educational process was not allowed, and we had interpreted the Confederate flag to be one of those emblems.

"It was brought to our attention recently that this went against the Castorina ruling," she said.  "We consulted our board attorney as well as attorneys for the Kentucky School Boards Association, the Department of Education, and the Kentucky Association of School Administrators Association, and they recommended we change our implementation of our current policy and review the current policy altogether."

Rogers said under the previous policy students who wore the Confederate flag, either as apparel or otherwise, were asked to change or remove the emblem.

"We weren't heavy-handed about it," said Rogers.  "The matters were dealt with quietly, and for the most part, students reacted quietly.  We tried to handle any incidents with respect."

Staff, school board members concerned about the ruling

Members of the staff and school board have expressed concern about the ruling, Rogers said.

"There is concern from both the staff and the board members that this could be disruptive to the educational process," said Rogers. "We will, of course, have to see what effect this has once the new policy is implemented."

Board member Ed Sleet, the only African-American on the board, said he has reservations about the decision but agrees the district must abide by the court ruling.

"As an African-American, I understand the emotions this symbol brings out," said Sleet.  "I am concerned that since we have a small minority population in Boyle County this decision could be taken the wrong way.  I worry about the feelings it may provoke."

Rogers said changes in school policy require first and second readings, and public input will be solicited before changes are made.

"There will be an opportunity for the public to voice opinions and to give input," she said.  "We plan to address this issue at our June (19) meeting.  We hope to have the policy in place by August, before our students return."

Rogers said board attorney William Barnett is currently working with state officials to draft a workable dress code for Boyle County.

Rogers said the Castorina court decision does leave some leeway for school systems should problems arise.

"Essentially, we tried to be proactive with our original dress code, but the court decision has forced systems to be reactive," she said.  "In other words, emblems and clothing may not be banned until after it has been proven to be disruptive or offensive, not before.  If the Confederate flag issue causes disruption or offense, then, as we read the decision, systems have the option to take steps at that point."

Sleet said it seems that the court has ruled trouble must occur before something can be banned.

"The big problem is the decision to ban something can only come after a problem has occurred," he said. "School systems can't stop the problem beforehand."

SCV cautions students about disruptive, offensive behavior

In a press release, the SCV cautioned students against disruptive and offensive behavior.

"Many people have worked very long and very hard, at great cost, to bring this court decision to reality," said Don Shelton, spokesman for the SCV.  "It is not a license for students to act irresponsibly.  The Confederate Battle Flag is a symbol honoring veterans and the South.  If you misuse that symbol by disrupting school, antagonizing other students, or by juxtaposing it with obscene or disrespectful language or symbols, the school has every right to discipline you, and we will support them in doing so."

The SCV said it plans to continue to work in school systems where a ban on the Confederate flag is in place.

"We don't yet know how many school systems still have illegal bans on Confederate flags, but since Castorina we've opened files on 16 situations, including these seven," said Shelton.  He was referring to seven systems in the state, including Boyle and Jessamine counties, who have changed their dress codes to meet the new regulations.  "Eventually, though, we will make sure that all Kentucky school systems are complying with the mandate handed down by the Federal 6th Circuit Court of Appeals.  In most cases, such as Jessamine and Boyle counties, the school systems have been responsive and cooperative in working with us to review the legal materials in light of the schools' policies and practices, and we appreciate the time and effort they took to do so."

This story ran in the Advocate on May 28, 2003.  © Copyright 2003 - The Advocate.

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