INDIAN RIVER COUNTY — The Indian River County School Board Tuesday night approved what one board member called a “bad” policy that was better than the “worse” policy already on the books. The policies in question dealt with student athletes – and others involved in extracurricular activities – who have been arrested and going through the court system.
The board should “adopt this bad policy because the current policy is even worse,” said board member Claudia Jimenez.
Jimenez originally motioned to reject the new policy, repeal the current policy and go back to the original. She later rescinded her motion and the board voted 4-0 to approve the policy presented to them. Board member Jeff Pegler was absent from the meeting.
They further directed Superintendent Dr. Fran Adams to put together more information on the impact the current policy has had on students and schedule another workshop to craft a different policy.
The crux of the issue is how to deal with students who have been arrested on felony charges – or charges that would have been felonies had the students been adults – and are going through the court system.
The most recent policy booted students from their teams or clubs immediately, regardless of whether they have entered a diversionary program through the courts.
Circuit Court Judge Robert Hawley, who serves in the juvenile and dependency divisions, told the School Board that he believed the proposed new policy – and that of the current one – does not guarantee a student due process. The student is innocent until proven guilty – except under the School District’s policy.
He has seen over and over again misdemeanor charges dismissed against juveniles because they were arrested without probable cause. Those students, under district policy, would have been kicked off their teams or out of their clubs.
“That’s one area that I think you’re going to run into problems with students that really shouldn’t be kept out of activities because of an arrest when the arrest wasn’t warranted,” Judge Hawley said.
Others spoke in opposition to the policy, calling it more punitive to students and decrying the inclusion of misdemeanor arrests.
Superintendent Dr. Adams told the audience that the policy presented to the School Board Tuesday night was less punitive than the existing rules.
“They have no choice,” Dr. Adams said of arrested students. “They’re off the team.”
Under the revised policy, school administrators would have the discretion to decide whether students would be allowed on their team or in their club if they have been arrested.
“I don’t trust the principals to be fair because there is always implicit bias,” said Tony Brown, president of the Indian River County chapter of the NAACP. “This district seems to be going overboard with using the juvenile justice system to do its guidance and its discipline.”
He pointed out that athletics and activities are often the carrot that keeps students in school.
School Board member Matt McCain voiced support for the new policy, saying it is less punitive for students than the current one.
He said the district met with coaches, athletic directors, principals, teachers – all who said the current policy was too harsh. The new one isn’t so much.
“We’re just trying to do the dadgum opposite,” McCain said of penalizing students.
