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SBCUSD says student walkouts are protected; district escorts students and urges safety
Summary
The superintendent told the board the district respects students' First Amendment rights, will provide alternatives on campus and will walk with students who leave campus to keep them safe; a public commenter alleged a Richardson principal encouraged students to go into busy streets, a claim the board asked the superintendent to address.
The San Bernardino City Unified School District told the board on Feb. 3 that student walkouts are protected expression and that district staff have walked with students off campus to ensure safety.
Superintendent Ariano said the district supports free speech while prioritizing safety, citing the U.S. Supreme Court’s Tinker v. Des Moines precedent and state guidance. He highlighted Education Code 48205, which allows students an excused absence once per year to participate in protected activity. "Per Education Code 48205, the education code allows students to have an excused absence once a year to participate in protected right of first amendment rights," he said, adding that principals have provided alternative on-campus avenues for student expression.
The superintendent said central office administrators, school police and principals have worked together to minimize risk when students walk off campus. "When the students make the decision... our responsibility to keep them safe does not end at the perimeter of school; we have walked out with them," he said, describing staff presence to monitor perimeters and guard against outside agitators.
At public comment, Miss Negrete said a Richardson principal told students they could take a protest into busy streets and call parents, which the speaker said created district liability. "That opens the liability to the district," she said, and asked the superintendent to investigate. The board asked staff to follow up on the claim; no formal disciplinary action or finding was announced at the meeting.
The superintendent also said school police would initially focus on educating families about a new state law (AB413) that prohibits parking within 20 feet of crosswalks and curb extensions during drop-off and pick-up, and could move to enforcement after an education period.
