INDIAN RIVER COUNTY — The NAACP is dissatisfied with the Indian River School Board’s decision not to ban the casual display of the Confederate flag, allowing students to wear T-shirts and fly it on their cars on school campuses.
They have sought to have it banned since the beginning of the school year, according to NAACP member Jacqueline Warrior.
“They (school board members) don’t find it offensive. If we’re offended, then it’s our problem,” NAACP member Jacqueline Warrior said.
Allowing a racially-charged tinder-box atmosphere to smolder on school campuses is too dangerous and academically destructive for the NAACP to let it go, Warrior and NAACP attorney David Honig said.
“The Confederate flag is tolerated by adults in positions of authority. It is incorrect that no other school district in the state has banned it and Indian River would be the first. There have been cases going back to the 1970s upholding district bans. The issue has arisen in this district because it has been displayed in a brazen and flagrant manner,” Honig said.
On Tuesday, the NAACP fired a shot over the School District’s bow in the form of a press release from county NAACP President Tony Brown with a legal letter attached from Honig, who is Florida NAACP special counsel for civil rights.
“The outcomes for African American students in this District are abysmal and the District appears unwilling to support a safe and supportive school environment where all students can thrive. Something must change,” Brown said.
Brown is referring to low test scores and graduation rates for African American students, who make up about 17 percent of the student population.
About a month ago the tinder box flared into a fire, with some students at Vero Beach High School’s Freshman Learning Center publishing a flyer featuring the Confederate flag. “The South Will Rise Again,” “My Cotton Needs a Pickin’ And My Tobacco Needs A Plowin’,” “White is Right, Black is Wack,” as well as “Application for free labor” were included on the flyer. The students were suspended for 10 days, Warrior said, although the Sheriff’s Office was willing to investigate.
This in-house punishment is in contrast to the excessive criminal arrests of black and special-education students, Warrior said, which led to the state Department of Education applying funding penalties. It also serves to bury an accurate record of the incident.
“We have no idea how many students were involved,” Warrior said.
Schools Superintendent Dr. Mark Rendell said at the time an arrest wasn’t warranted because it was an isolated incident. But Warrior points out this fails to recognize the nearly daily incident of black students forced to endure the display of the Confederate flag.
Honig said two U.S. Supreme Court cases — Bethel School District v. Fraser, in particular — give the school authority to ban the flag, despite the School Board’s claim it violates the First Amendment right to freedom of expression.
“All the School Board has to have is a reasonable fear that racial tension would result. Here it did happen,” Honig said. “This is exactly what Fraser is meant to address.”
Honig said the School District’s code of conduct is also sufficient to ban the Confederate flag as interfering with academic pursuit and endangering student welfare.
Honig also took exception to Rendell’s statement at a recent School Board meeting that “you can’t legislate morality,” when that is exactly what the student code of conduct does.
“Our goal is to create an atmosphere where students can succeed in a safe learning environment,” Dr. Rendell said in response to the press release from the NAACP. “We will also continue to teach students about building a tolerant atmosphere on campus, as well as teach our students how to be good, young citizens.”
“On March 29th, the School District scheduled and met with the NAACP to discuss the desegregation order and address issues within the order,” said School Board Chair Dale Simchick in response to the release. “The local NAACP chose to use that time to address banning the Confederate flag. They spoke at length and many had input at that meeting.
“On April 12th, at a board discussion, it was discussed again by all the board members. After receiving input from our attorney and superintendent, the board consensus was to leave policy status quo.
“As I can see, we have heard and addressed the local chapter’s issues in an open meeting with recorded minutes. This board member feels we have already entertained their request and complied.
“Also, Mrs. Jimenez (school board member Claudia Jimenez) added this topic to the next board business meeting for discussion,” Simchick said.
The Indian River County School District has been under a federal desegregation order since 1968.
“While under a desegregation order, at minimum, the district ought to be especially careful,” Honig said. “If a federal judge overseeing the case thinks the district may be creating a climate unfriendly to African-American students, it would not be a good thing.”
No other school board members responded to a request for comment.
