Constitutional rights of school parents

[elhoward]

The Beaverton School District has embarked on a campaign of retaliating against me for complaining about their discriminating against my daughter for over a year now. I have not made any true threats, nor have I disrupted the educational process at their schools. However, they have attempted to force me into a "communication protocol", which a year later they admitted they have no legal right to do. Then they slapped me with a restraining order barring me from the grounds of every school in the district in retaliation for me saying "Discrimination is illegal. Stop it." in a raised voice in the school office (no children except for my daughter were present). They have no written procedures for handing out restraining orders, and have refused my requests to appeal their decision (e.g. no due process). I believe they are violating my 1st and 14th Amendment rights... what legal recourse do I have?

 

[army judge]

The Beaverton School District has embarked on a campaign of retaliating against me for complaining about their discriminating against my daughter for over a year now. I have not made any true threats, nor have I disrupted the educational process at their schools. However, they have attempted to force me into a "communication protocol", which a year later they admitted they have no legal right to do. Then they slapped me with a restraining order barring me from the grounds of every school in the district in retaliation for me saying "Discrimination is illegal. Stop it." in a raised voice in the school office (no children except for my daughter were present). They have no written procedures for handing out restraining orders, and have refused my requests to appeal their decision (e.g. no due process). I believe they are violating my 1st and 14th Amendment rights... what legal recourse do I have?

Notice what I have highlighted in RED above.

What are "true" threats, as opposed to "threats"?

How have your First Amendment Rights been violated?

It isn't a violation if they have grown tired of listening to you.
They, perhaps, no longer wish to hear from you?
Besides that, schools have had special exemptions carved out for them.
This is done because of their important function they perform for us.

Adults are allowed to smoke cigarettes.
Yet, schools have banned tobacco products on their premises.
That is done to protect their charges, children.

You admit to raising your voice on their premises.
They considered that a disturbance.
That is, no doubt, why they banned you from their property.
However, you are still permitted to be on their property to attend to business related to your child's progress in school.
You are most likely required to report to the office, upon entering their premises.

I see no case for you, according to what you reported.
However, if you still feel aggrieved, hire an attorney and sue the district.
No one can infringe on your rights to due process.
Take them to court and let a judge or jury decide.
But, until something legally changes, obey the restraining order.
Otherwise, your troubles with the district might reap criminal sanctions for you.

 

[elhoward]

No, I am not allowed on their property to attend to business related to my child's progress! In fact, I am required to use a notebook which is to be picked up every friday and dropped off every monday for all communication about my child's progress, but have been specifically told that doing that myself violates the restraining order! All other complaints I have made have been in the form of email, which no one is forcing them to read.

I believe retaliating against someone for the lawful exercise of their First Amendment rights is an infringement of those rights, as was established by Lowry v. Watson Chapel School District. If students have a constitutional right to speech critical of the school district, shouldn't parents have that same right?

 

[elhoward]

I have threatened to file a complaint with the State Board of Education. I have not threatened to take any action which I am not legally entitled to do, hence no "true threat". Nevertheless, they have made false and defamatory allegations about "threatening behavior" and "hostile communication". How pleasant am I expected to be when I believe they are actively violating the law, and they refuse to even consider ceasing their unlawful behavior?

Yes, I have every intention of obeying the restraining order, even though it places an undue burden on my family and effectively prevents my daughter from participating in any after-school activities.

 

[army judge]

I have threatened to file a complaint with the State Board of Education. I have not threatened to take any action which I am not legally entitled to do, hence no "true threat". Nevertheless, they have made false and defamatory allegations about "threatening behavior" and "hostile communication". How pleasant am I expected to be when I believe they are actively violating the law, and they refuse to even consider ceasing their unlawful behavior?

I'll tell you what I tell clients that are angry about something.

Has your displeasure achieved your desired outcome?

Be nice to people, even when they are not nice to you.

It costs you no more, and often can prompt them to change their treatment of you.

I suggest you engage an attorney to be your legal champion.

You can't win their forum, but you will get a fair hearing in a court of law.

Citing a legal precedent is easier than pleading a case in a court of law!