MILFORD, Del. - The Milford School District school board met Monday night to discuss a series of policy updates, including the proposal of one that limits the discussion of "Controversial/Sensitive Issues." A policy that American Civil Liberties Union claims to be potentially problematic and ultimately asks the district to reject the policy.
Milford School Board member Adam Brownstein announced Monday night a few revisions to the policy which would allow school staff to permit and encourage viewpoints. The original policy referenced keeping learning environments free of items and conduct that could create offensive, hostile or intimidating learning environments. Brownstein says the revised version only applies to "items" and not conduct to remove the stipulation on limiting teachers.
The nonprofit ACLU, spoke out against the proposed policy last week, calling it vague and saying that it limits student's freedom of expression.
"There are many aspects of Policy 6103 that will be difficult to implement without engaging in unconstitutional viewpoint discrimination of certain speech," said Executive Director of ACLU Mike Brickner, referring to the part of the policy draft stating,
"In the District, controversial/sensitive material is that material which, when introduced arouses strong reactions representing differing points of view. There are many subjects, which by the nature of contemporary society, are intrinsically controversial/sensitive."
The Milford School District declined to comment before the meeting but issued a statement during the meeting Monday night. Brownstein says it is not an attempt at censorship of speech.
"This policy is not an attempt to mandate the presentation of obscure beliefs or ideas and thus legitimize them," Brownstein says. "This process would not require MSD staff to present all views on a topic, but would encourage staff to present alternative ideas to spark students' ability to engage in critical thinking."
The ACLU argues that the draft's goal is that staff and students can teach and learn about instructional material rather than the issue, it is likely to add to the overall vagueness of Policy 6103, leading to confusion and disparate enforcement.
Brownstein says if a student were to hold a firm belief, then that student would per this policy be allowed to present that belief for consideration.
Brickner says the proposed policy could cause students to veto each other's beliefs. The ACLU says Policy 6103 poses more problems than solutions and could be challenging for both students and staff when it comes to expressing opinions.
"If a teacher has, for instance, like a "safe space" sticker up in their classroom for LGBTQ students, a student could say, 'well, that offends me, you need to take it down,'" Brickner suggests. "Similarly, if a student were to walk in and have on their book bag, "proud Republican voter," a student could say 'that offends me and you need to remove that book bag.'"
Ultimately the board voted to table Policy 6103, as well as a school dress code policy, to their next meeting on July 15.
