Election & Political Information

Students may wear articles of clothing endorsing or supporting a given political candidate, as long as the article of clothing does not violate any provision of the dress code or depict violent or profane images. (Board Policy 5132(a).) Students shall not wear clothing that presents a health or safety hazard, promotes drugs or other illegal activities, or expresses hate speech as defined in BP 5145.9. (Board Policy 5132(a).)

Students cannot be deprived of their First Amendment right of expression via the clothing they choose to wear. However, students are prohibited from engaging in speech (including wearing clothing) that constitutes a “true threat” against another. Students also are prohibited from making any expressions that so incite students as to create a clear and present danger of the commission of unlawful acts on school premises or the violation of school rules. Students are also prohibited from engaging in any form of speech that substantially disrupts school or school related activities or where it is reasonably foreseeable that the speech will cause a substantial disruption at school or a school related activity. This includes expressions of hate speech as defined in BP 5145.9. (Board Policy 5145.2.) In Tinker v. Des Moines Independent Community School District (1969) 393 U.S. 503, the United States Supreme Court announced its often quoted remark: “[i]t can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the school house gate.” (Id. at 506.) That said, courts have upheld that a district can regulate student speech if such regulation is necessary to avoid “material and substantial disruption” of schoolwork or discipline or where the expression would impinge on the rights of other students. (Id. at 511.) Potential disruptions caused by a student’s decision to wear clothing of a political nature that create a disruption will be evaluated in a manner that does not infringe upon a student’s First Amendment Rights as granted under the U.S. Constitution.

Education Code section 48205 outlines the reasons a student may be excused from school. While a student can be excused for a personal illness, including for the benefit of the student’s mental or behavioral health, removing a student from class due to perceived safety concerns related to election day is not an excused absence. (Ed. Code, § 48205, sudb. (a)(1).)

“Hate speech” is defined as “abusive, threatening, insulting, harassing or intimidating speech, writing, or symbols directed or targeted at another individual or group of individuals, which (1) infringes on their right to be secure or left alone at school; and (2) which expresses prejudice against a particular group motivated by hostility towards the other individual’s real or perceived characteristics, including, but not limited to, race, religion, ethnicity, national origin, sexual orientation, or gender identity.” (Board Policy 5145.9 (b).) Students are prohibited from engaging in any form of speech that substantially disrupts school or school related activities or where it is reasonably foreseeable that the speech will cause a substantial disruption at school or a school related activity. This includes expressions of hate speech as defined in BP 5145.9. (Board Policy 5145.2.) Student speech may be regulated if it relates to drugs; is obscene, lewd or profane; is school sponsored; or constitutes a threat of violence. (See Bethel School District v. Fraser (1986) 478 U.S. 675; Morse v. v. Frederick (2007) 551 U.S. 393; Lovell v. Poway Unified Sch. Dist. (9th Cir. 1996) 90 F.3d 367, 372.) Further, Courts have also held that where there is a history of racial tension in the school and surrounding community, school officials could prohibit certain symbols on clothes because they could disrupt school activities. (Melton v. Young (6th Cir. 1972) 465 F.2d 1332, 1335.)

Students have a right under the First Amendment to demonstrate and protest, but they do not have a right to leave school and can be marked truant once their engagement in the demonstration or protest exceeds one schoolday-long absence per school year. (Ed. Code, § 48205, subd. (a)(12)(B)(i).) Under Education Code section 48205, middle school and high school students may utilize one school day per school year to engage in a civic or political event, provided the student notifies the school ahead of the absence. (Id.) A civic or political event includes, but is not limited to, “voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.” (Ed. Code, § 48025, subd. (e)(1).)

Senate Bill (“SB”) 955, which became effective January 1, 2023, modified Education Code section 48205, adding engagement in a civic or political event as a proper reason to excuse middle school and high school students from school. (Ed. Code, § 48205, subd. (a)(12)(A).) A student is required to be excused for participating in a civic or political event, but that excusal is limited to one schoolday-long absence per school year. (Ed. Code, § 48205, subd. (a)(12)(B)(i).) A civic or political event includes, but is not limited to, “voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.” (Ed. Code, § 48025, subd. (e)(1).)

Student editors of an official school publication are responsible for assigning and editing the news, editorials, and feature content of their publications. Officials are not allowed to regulate speech in student publications as a matter of taste or pedagogy. (Lopez v. Tulare Joint Union High School Dist. (1995) 34 Cal.App.4th 1302, 1316, citing Leeb v. DeLong (1988) 198 Cal.App.3d 47, 60; see also Planned Parenthood v. Clark County Sch. Dist. (9th Cir. 1991) 941 F.2d 817, 817-21.) Education Code section 48907 does indicate that expression which is obscene, libelous, or slanderous is prohibited. District officials may also prohibit material that incites students to commit unlawful acts on school premises, violate school regulations, or substantially disrupt of the orderly operation of the school.

The distribution of political flyers by students on campus is generally protected speech. Students who wish to distribute political flyers are encouraged to communicate with their school administration, who can also provide students information about free speech areas on campus, including the use of designated bulletin boards for student use. Education Code section 48907 provides students with the right to distribute printed materials on campus: (a) Pupils of the public schools … have the right to exercise freedom of speech and of the press including, but not limited to, the use of bulletin boards, the distribution of printed materials or petitions, the wearing of buttons, badges, and other insignia, and the right of expression in official publications, whether or not the publications or other means of expression are supported financially by the school or by use of school facilities, except that expression shall be prohibited which is obscene, libelous, or slanderous. Also prohibited shall be material that so incites pupils as to create a clear and present danger of the commission of unlawful acts on school premises or the violation of lawful school regulations, or the substantial disruption of the orderly operation of the school.

Campaign materials may be referenced during a classroom discussion if the materials are relevant to the course’s curriculum. If a political or election related discussion is relevant to the course of study, teachers may allow discourse on the subject, provided the conversation is designed to develop students’ critical thinking skills, ability to discern between fact and opinion, respect for others, and understanding and tolerance for diverse points of view. (Board Policy 6144.) Students may also be exposed to campaign materials worn or distributed by other students that are not part of classroom discussion. District employees, on the other hand, are generally prohibited under District policy and California law from using work hours to urge the support or defeat of any candidate and are also prohibited from posting or distributing political campaign materials in their classroom, through online learning platforms, or on District property (Administrative Regulation 5145.2; Ed. Code, § 7054.).

Political discussions must be relevant to the course of study and curricular goals of that particular class. Any instruction concerning political issues should be designed to develop students’ critical thinking skills, ability to discern between fact and opinion, respect for others, and understanding and tolerance for diverse points of view. (Board Policy 6144.) Instructional topics should be suitable to the age and maturity of the students and material must be presented in a balanced manner that addresses all sides of the issue without taking bias or prejudice, and without promoting any one particular point of view. Teachers are expected to follow the adopted curriculum and may not advocate their own personal opinion or viewpoint. Students should be assured that they can form and express their own opinions without fear of retaliation, discrimination, or discipline, provided the viewpoint does not violate the District’s policies or the law. Prior to discussion of political topics, teachers should remind students that they are expected to be courteous and respectful of other students’ opinions. Teachers should provide adequate factual information to allow students to objectively analyze and evaluate the issue at hand, and to be able to draw their own conclusions. Discussions regarding politics should not reflect adversely upon any persons because of their race, ethnicity, national origin, sex, sexual orientation, gender identity or expression, disability, religion, or any other basis prohibited by law and shall be consistent with the academic freedoms afforded to teachers in the law and through the CBA.

If discussion related to current events, including the election, is relevant to the course of study, teachers may allow discourse on the subject, provided that the conversation is designed to develop students’ critical thinking skills, ability to discern between fact and opinion, respect for others, and understanding and tolerance for diverse points of view. (Board Policy 6144.) Prior to classroom discussions regarding current events, teachers should remind students that they are expected to be respectful of others’ opinions and act in a courteous manner. Teachers follow the district-adopted curriculum and should avoid holding discussions or debates regarding political issues that are unrelated to their particular class subject or the course’s learning objectives.

To the extent questions from students arise in the course of a teacher’s official duties and/or during on-campus activities, teachers should maintain a position of neutrality on matters of political controversy. (77 Ops.Cal.Atty.Gen. 56 (1994) In a related matter, the Attorney General provided an opinion highlighting Education Code section 7055 and reasoned in support of prohibiting elementary school teachers from wearing political buttons in class as follows: (1) the teachers’ wearing of political buttons involved a position other than neutrality on a matter of political controversy (2) this action could be associated with the school because it occurred in the classroom in front of a “captive audience” of students; and (3) the prohibition was reasonable related to a legitimate pedagogical concern of preventing students from viewing political material they may not understand and in protecting the District against the perception that it’s classrooms were being used for partisan political advantage.

Staff, like students, maintain the right to free speech while on campus, as referenced in Tinker v. Des Moines Independent Community School District (1969) 393 U.S. 503, where the United States Supreme Court announced its often quoted remark: “[i]t can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the school house gate.” (Id. at 506.) However, due to the unique role of educators, there are different expectations and limits around adult speech on school campuses than that of students. The U.S. Supreme Court has addressed public employee free speech rights in a series of cases (See, Pickering v. Board of Education (1968) 391 U.S. 563; Connick v. Myers (1983) 461 U.S. 138; Garcetti v. Ceballos (2006) 547 U.S. 410.) and has consistently upheld school district restrictions on a teacher’s speech because of the official duties of being a teacher, including that teachers hold positions of trust and authority and interact with students with impressionable young minds.

Employees may wear clothing or display items that promote a political candidate or position when they are not engaged in their official duties. This generally means an employee may post signs, stickers, etc., on their personal vehicles.

Employee speech outside the classroom, during non-instructional time and when the employee is not conducting official duties, may generally not be censored so long as it does not cause substantial disruption to the educational setting. For example, as recognized in L.A. Teachers Union v. L.A. City Board of Educ. (1969) 71 Cal. 2d 551, faculty lounges and lunchrooms are places in which conversations among teachers take place while off-duty, during non-instructional time.

District employees are prohibited from using their work hours to urge the support or defeat of any candidate, solicit political funds to promote the passage or defeat of a ballot measure, use district equipment for the preparation or reproduction of political campaign materials, or wear items that express political opinions on ballot measures or candidates during instructional time. (Administrative Regulation 5145.2; Ed. Code, § 7054.). Therefore, it is more than likely that staff participation in student protests or demonstrations would not be permitted, per Education Code 7054.

Yes, they are different. The U.S. Supreme Court has addressed public employee free speech rights in a series of cases. (See Pickering v. Board of Education (1968) 391 U.S. 563; Connick v. Myers (1983) 461 U.S. 138; Garcetti v. Ceballos (2006) 547 U.S. 410.) In short, Courts examine whether the speech was made pursuant to the employee’s official duties, whether the speech involves a matter of public concern, and third, a balance the interest of the employee in comment on matters of public concern versus a school district’s interest in promoting workplace efficiency. Courts have consistently upheld school district restrictions on a teacher’s classroom speech because of the official duties of being a teacher, including that teachers hold positions of trust and authority and interact with students with impressionable young minds. An employee’s social media speech, which is written on personal time, from a personal device, and on a personal account is not considered “official duty” speech and, thus, generally not subject to censorship. (See, e.g., Graziosi v. City of Greenville (5th Cir. 2015) 775 F.3d 731) Further, a public official’s social media account does not automatically become a public forum subject to First Amendment constraints merely because they discuss their official duties on it. (Lindke v. Freed (2024) 601 U.S. 187.)

District employees shall not wear buttons, hats, or other articles of clothing that express political opinions on ballot measures or candidates during instructional time. (Administrative Regulation 4119.25 (b).) Education Code section 7054 prohibits the use of school district resources to support a political candidate and Education Code section 7055 specifically authorizes school officials to place restrictions on political activities of employees in two situations: (1) engaging in political activity during working hours; and (2) political activity on the premises of the school district. The California Attorney General found a school district may prohibit its elementary school teachers from wearing buttons expressing political opinions on statewide ballot measures during classroom periods. (77 Ops.Cal.Atty.Gen. 56 (1994).)

School district property be made available to any interested group for public forum/civic center activities. A group interested in supporting (or opposing) a ballot measure or candidate may use District facilities like any other civic or private group. (See the Civic Center Act; Ed. Code, § 38130, et seq.) However, public forums to discuss political issues/candidates, must ensure all candidates and viewpoints are granted equal access, consideration, and time. Further, in an effort to maintain order and limit disruptions to the education environment, the District may both establish and limit visiting procedures during the school day for political candidates and members of the public at large.

California Elections Code Section 12283 states that school boards may authorize the use of their buildings for polling places on any election day, and may also authorize the use of its buildings, without cost, for the storage of voting machines and other vote-tabulating devices. When permitting the use of a school building as a polling place or voting center, school boards may continue school in session, if the governing body identifies to the elections official making the request the specific areas of the school buildings not occupied by school activities that will be allowed for use as polling places or voting centers.

At this time, no VUSD school sites have been idenfied as polling locations.

Prior to the distribution, posting, or publishing of any non-school group’s promotional materials or advertisement, the Superintendent, principal, or designee shall review the materials or advertisement based on several criteria. The Superintendent, principal, or designee shall not accept for distribution, or allow on school property, any materials or advertisements that: 1.) are lewd, obscene, libelous, or slanderous; 2.) incite students to commit unlawful acts, violate school rules, or disrupt the orderly operation of the schools; or 3.) promote any particular political interest, candidate, party, or ballot measure, unless the candidates or advocates from all sides are provided the opportunity to present their views to the students during school hours or during events scheduled pursuant to the Civic Center Act. (Board Policy 1325(b).)

Sidewalks adjacent to District schools are public property subject to local laws and ordinances of the City and County. District staff may monitor the front gates and entrances of District school sites to ensure members of the public do not interfere with the arrivals and departures of District students. (Board Policies 3515 and 0450.)

If a political candidate or candidates are invited or permitted by the District to come to campus, or are part of a political debate or forum hosted on campus, consenting students and members of the public may take photographs with said candidates. However, in an effort to maintain order and limit disruptions to the education environment, the District may both establish and limit visiting procedures for political candidates and members of the public at large during the school day. (Board Policy 1250(a).)

Under the Civic Center Act, certain types of organizations, including political organizations, may hold meetings on school campuses. Such meetings require prior approval by the District, and are subject to the regulations and restrictions set forth in Board policy. (Ed. Code section 38131.)

However, in an effort to maintain order and limit disruptions to the education environment, the District may both establish and limit visiting procedures for political candidates and members of the public at large during the school day. (Board Policy 1250(a).)

The District may not use District funds, services, supplies or equipment to urge voters to support or oppose a measure or candidate. (Id.) Education Code section 7054(a) states:

"No school district or community college district funds, services, supplies, or equipment shall be used for the purpose of urging the support or defeat of any ballot measure or candidate, including, but not limited to, any candidate for election to the governing board of the district.”

No, not without the school District’s review and permission pursuant to District policy. (Board Policy 1325 (a).) Additionally, the District’s logos are protectable under the tenets of the federal copyright and trademark laws, and thus, use of such names, slogans, and logos may constitute unlawful infringement. (17 U.S.C. §101-810)(15 U.S.C. §1051.)