(The Center Square) – The American Civil Liberties Union of Wisconsin has come out with a new resource kit for students, teachers and parents in public schools that outlines how they can utilize their constitutional rights to free expression at the school level.
The toolkit, entitled “Guide to Advocating For Your Civil Rights and Liberties in Wisconsin Schools,” is meant “to empower students, parents, and teachers to understand and use their legal rights and protections in public schools.”
The guide specifically discusses the right to student protests, protecting teachers’ free speech and expression, encouraging pronoun and bathroom usage, maneuvering book bans, addressing bullying and harassment, and showing parents how to participate in school governance.
“The ACLU of Wisconsin believes that every student has the fundamental right to a safe, inclusive, and enriching learning environment,” the guide reads. “However, school districts across the state are facing challenges that constrict civil liberties in school and pose a significant threat to this ideal, such as book banning, discrimination, harassment, and censorship.”
The ACLU emphasizes that students, staff, and teachers in particular have the right to protest and speak about controversial topics.
“Even during official duties, teachers have the most First Amendment protections when they are talking about subjects of public interest like politics, social issues, or other community concerns,” the guide reveals. “However, schools are allowed to restrict educators’ speech to remain neutral on certain controversial topics.”
It also confirms that transgender students and staff in Wisconsin public schools have the right to use restrooms and locker rooms that are consistent with their gender identity, according to recent state court cases. Certain district-specific policies that require parental consent for schools to use a student’s preferred pronouns are still allowed.
The ACLU guide suggests students and parents contact groups like GSAFE, PFLAG, and Outreach for resources. It also encourages teachers to “shift the culture of your learning environment” to be more inclusive to LGBTQ+ students.
“A simple way to support LGBTQ+ students is to make small but meaningful changes in the classroom,” the guide says. “For example, include pronouns during introductions, use gender-neutral language when possible, involve LGBTQ+ figures in relevant discussions, and include LGBTQ+ topics and themes in coursework.”
The toolkit also provides resources for students and teachers encountering book bans, including suggestions for how students can start their own banned book clubs.
“First, review our round-up of 10 Books Politicians Don’t Want You to Read. Then, once you’ve selected a book, check out the Banned Books Book Club fund, where you can request specific titles be sent to your club,” the guide tells students.
Books on the list include “All Boys Aren’t Blue” by George M. Johnson, which describes two sexual encounters and statutory rape, “Gender Queer” by Maia Kobabe, a graphic novel containing multiple sexually explicit illustrations, and “Lawn Boy” by Jonathan Evison, which contains content that has been described as “homoerotic.”
The ACLU advises teachers to “restructure curriculum” to involve primary resources like testimonials, interviews, and speeches on topics covered by banned books such as race and gender.
Wisconsin public school districts are funded by a combination of state and federal aid, property taxes, and other local non-property tax revenues. State Superintendent Dr. Jill Underly recently called on the Wisconsin legislature to increase funding for public schools.
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