An elementary school in the Sacramento, California, area allegedly censored students and violated their First Amendment rights, according to the American Civil Liberties Union Foundation of Northern California. An art lesson intended to teach students about the relationship between art and activism in Del Paso Manor Elementary School has some accusing a sixth grade teacher of censorship after he allegedly threw away artwork featuring Black Lives Matter and asked students to redo the project due to its content.
Magali Kincaid, a parent volunteer, introduced the lesson plan, which included talking with a class about pay equality, housing rights, Black Lives Matter, and other social justice issues. Then the students were asked to create posters showing what change they wanted to see in their school.
The problem, according to the ACLU, is that the teacher, David Madden, allegedly told four students who made Black Lives Matter posters that they had to redo their project. According to the ACLU, Madden threw one Black Lives Matter poster away after telling the student they could come pick it up. The group argues that targeting these students because of the content of their posters is a violation of their First Amendment rights.
"It's not up to (the teacher) to then decide that Black Lives Matter is off limits for something they wanted to see change," Abre’ Conner, a staff attorney with the ACLU of Northern California, told CNN.
The allegations extend to interactions with the parent volunteer, too. In a letter to the school district, the ACLU alleges that Madden asked Kincaid "whether students were getting shot at the school and demanded answers regarding why a presentation on Black Lives Matter was relevant.” The ACLU claims that Madden directly told Kincaid the Black Lives Matter posters were “inappropriate and political.” The volunteer was then allegedly banned from returning to the classroom.
According to the San Juan Unified School District, students were told to redo their posters because the assignment was to focus on issues specifically related to the school, not big-picture social justice issues. The district added that the Black Lives Matter posters were not the only ones that didn't meet expectations for the assignment; kids who did projects on animal cruelty and immigration were also told to remake their posters, a representative told CNN. As the ACLU sees it, multiple wrongs don’t make a right. The district also claims it was an error to allow Kincaid to present her own lesson without receiving training.
Now the ACLU is representing both Kincaid and one of the students involved. The organization is demanding a public apology from the district; curriculums and events that include Black Lives Matter; more sensitivity training for staff; and for Kincaid to be able to go back to the classroom as a volunteer. The ACLU also asserts that the California Education Code protects the Black Lives Matter artwork.
“It is inconsistent with our values and never our intent or desire for any student to feel uncomfortable or unwelcome to discuss issues that are important to them,” reads a statement from the school district. “We sincerely apologize if this experience made any student feel such discomfort. Censoring a student’s assigned work because of its content would not be acceptable. We are open and committed to continuing our work with students, staff, community partners and others to ensure that our school communities embrace a diversity of thoughts and experiences.”
This situation highlights an important question: Whose values are “appropriate” in school? Whose issues are relevant? If students are worried about their parents being deported while they’re sitting in the classroom, is that a school issue? If students are worried about being shot and killed in the cafeteria, is gun reform a school issue? If students are being unfairly punished and targeted because of their race, sometimes leading to police brutality, is that a school issue?
It’s unclear what the school had in mind as “appropriate” for this assignment. What’s not unclear, though, is that the kids aren’t afraid to lead us in the right direction.