Students Sue District Over Free Speech

by Katie Stavick

The Frontiersman

   Wasilla, Alaska – Two students filed a lawsuit against the Matanuska-Susitna Borough School District Nov. 30, stating that the district has violated their right to free speech.

   The plaintiffs in the lawsuit are Ben Kolendo and Quinlen Schachle, both seniors in the District-Kolendo is a senior at Career and Technical High School, while Schachle, also a senior, attends Wasilla High School.

   Both students are also active in the District’s  Student Advisory Board, where Kolendo is the Student Advisory Board Representative, elected by the students to represent them to the school board, and Schachle is the Board President.

   The students are represented pro bono by the Northern Justice Project, LLC.

   According to the complaint filed with the U.S. Federal District Court in Anchorage, the District violated the free speech rights of Kolendo and Schachle when it investigated them after testifying at a school board meeting.

   The meeting in question was held on Sept. 6, when the school board voted 5-2 to change the role of the Student Advisory Board, which had historically sat on the dais with school board members, participated in meetings and had the ability to engage in dialogue and ask questions, as well as make preferential votes. The school board removed the SABR from the dais and took away the SABR’s role on the school board.

   Dozens of people, including students protested and spoke out during the meeting in opposition of the move by the school board.

   Documents state that following the meeting, the school board ordered administrators to interrogate students about their participation in the public meeting. Kolendo and Schachle were both removed from their classes and maintain that they were questioned about their participation, and that they were left feeling intimidated by the district.

   Kolendo initially refused to be questioned by his Principal, Jason Ross, before speaking with his parents or an attorney. He did eventually speak with Ross, and said in the lawsuit that he recalls being specifically asked whether he was told by any school advisors to speak at the school board meeting, where he got resources for the signs that were seen at the meeting, and whether any conversations regarding the policy change took place on school property, during school instruction time.

   The lawsuit maintains that Ross told Kolendo he didn’t want to question the student, but was ordered to do so by the school board, saying it was a ‘district decision.’

   Schachle was called into the office of Karen Bloxsom, the Assistant Principal of Wasilla High School, where he too was told that the school board had directed he be questioned about his comments during the school board meeting, according to the lawsuit. Schachle said that he and his classmates were left feeling intimidated, realizing the school board was investigating them for expressing their viewpoints.

   The lawsuit states that on Oct. 30, Kolendo attended a meeting with several high school students, Ross, Assistant Principal Jolene McDowell, and District Assistant Superintendent Justin Ainsworth to discuss the planned walkout. While the students were allowed to stage the peaceful walkout, the students were warned to avoid political signage, and that “any communications” about elections-including texts, social media, and emails-were not permitted at any time by students while on district property.

   While the walkout was peaceful, a second walkout was planned for Nov.7, which was Election Day for the Borough. Prior to the second walkout, an email from the District’s Communications Officer was sent out warning students that campaigning and electioneering were not condoned at any of the polling locations and that protests at those schools that also serve as polling locations were to be held off-campus.

   “This lawsuit is not only about my individual rights, but also the rights of all current and future students of this school district. My goal is to set a precedent that students’ rights are protected to allow for an educational environment where diverse opinions are encouraged and opinions can be expressed without censorship,” Kolendo said.

   “Accountability is a cornerstone of any democratic institution, hence why this lawsuit has become a necessity, to hold those who have misused power and privilege accountable. Students should have every right to exercise their constitutional freedoms, and any sort of violation or interference of these rights by elected officials must be firmly condemned,” Schachle said. “Moving forward I hope this lawsuit can create a healthier dynamic of trust and transparency between those elected to assist students and the students themselves, allowing for an environment more conducive to proper education rather than one where fear is effectuated by public servants elected to work for students.”

   (Blogger’s note: The Frontiersman is one of the newspapers I used to work for. I would have loved to work on this story were I still there! The story doesn’t mention an attempt to get comment from the district. In my experience, on a story such as this, a school district would either not return calls or make a generic “can’t comment due to pending litigation” comment. So we aren’t missing much. – Kevin Burton)