California School Bans Sixth I Presentation on Harvey Milk
Posted on May 20, 2009
Filed Under Uncategorized
California School Bans Sixth
Grader’s Presentation on Harvey MilkFaces Possible
ACLU Lawsuit For Violation Of State Education Code
RAMONA, CA – Wrongly citing a school policy on sex education, a
California
school illegally censored a sixth grader’s classroom presentation about Harvey
Milk earlier this month. According
to a demand letter sent by the American Civil Liberties Union to the
Ramona Unified School
District today, the school violated Natalie Jones’s
free speech rights when it refused to allow her to give the presentation in
class. Instead, the school
improperly required classmates to get parental permission to see the
presentation during a lunch recess.
“This whole thing is unbelievable –
first my daughter got called into the principal’s office as if she were in some
kind of trouble, and then they treated her presentation like it was something
icky,” said Bonnie Jones, mother of the Mt. Woodson Elementary School
student. “Harvey Milk was an
elected official in this state and an important person in history. To
say my daughter’s presentation is
’sex education’ because Harvey Milk happened to be gay is completely
wrong.”
The assignment, part of an
independent research project class, was originally to prepare a written report
on any topic. Natalie Jones, who
was inspired to write about Harvey Milk after watching Sean Penn win an Academy
Award for portraying him, got a score of 49 out of a possible 50 points on the
written report. Students were then
told to make PowerPoint presentations about their reports, which they
would show
to other students in the class. The
day before Natalie was to give her 12-page presentation she was called into the
principal’s office and told she couldn’t do so.
When Bonnie Jones spoke with the
superintendent about the presentation, he said Natalie couldn’t give her
presentation because of a district board policy on “Family Life/Sex
Education.” A few days later, the
school sent letters to parents of students in the class, explaining that her
presentation would be held during a lunch recess on May 8, and that students
could only attend if they had parental permission.
“The principal and superintendent
grossly misinterpreted school policy.
They illegally censored student speech protected by the First Amendment
and the California Education Code,” said David
Blair-Loy, Legal Director of the ACLU of San Diego and
Imperial
Counties. “Writing or talking about a gay
historical figure who advocated for equal rights for LGBT Californians is in no
way the same thing as talking about sex, and school officials should
not pretend
otherwise.”
The Ramona Unified School
District policy on “Family Life/Sex
Education” reads in part:
“(P)arents/guardians shall be
notified in writing about any instruction in which human reproductive
organs and
their functions, processes, or sexually transmitted diseases are described,
illustrated, or discussed. In
addition, before any instruction on family life, human sexuality, AIDS or
sexually transmitted diseases is given, the parent/guardian shall be provided
with written notice explaining that the instruction will be
given…”
“Schools that act as if any mention
of the existence of gay people is something too controversial or ’sensitive’ to
discuss are doing a disservice to their students,” said Elizabeth
Gill, a staff attorney with the ACLU’s
national LGBT Project. “This school
completely overstepped its bounds in trying to silence Natalie Jones
by shunting
her presentation off to a lunch recess time and misusing a school policy to
justify requiring parental permission to see it.”
In today’s letter, the ACLU is
demanding that the school:
·
Apologize in writing to Natalie
Jones and send a letter about that apology to all the parents who were sent the
principal’s letter about the presentation
·
Give
Natalie Jones an opportunity to give her presentation to all the other members
of her independent research project class
·
Clarify
in writing that the parental notification and permission portion of the “Family
Life/Sex Education” policy only applies to the curricula identified as “course
content” for “Family Life/Sex Education instruction”
The ACLU is giving the district
five days to respond or it may file a lawsuit on Bonnie and Natalie Jones’s
behalf.
Harvey Milk, one of Time Magazine’s “Time 100 Heroes and
Icons of the 20th Century” in 1999, has been the subject of several books, an
opera, a documentary film that won the 1984 Academy Award for Documentary
Feature, and a feature film released last year that won two Academy Awards for
Best Original Screenplay and Best Actor.
Milk’s birthday, the subject of a bill pending in the California legislature
that would make it a state holiday, is this Friday.
For additional information,
including copies of Natalie Jones’s presentation on Harvey Milk, the school’s
letter to parents, and the Ramona U.S.D. “Family Life/Sex Education” policy,
visit http://www.aclu.org/Milk.
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