{"id":25368,"date":"2024-10-12T05:00:00","date_gmt":"2024-10-12T11:00:00","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/durango-schools-ban-black-lives-matter-trans-specific-pride-flags\/"},"modified":"2026-03-31T05:15:24","modified_gmt":"2026-03-31T05:15:24","slug":"durango-schools-ban-black-lives-matter-trans-specific-pride-flags","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/durango-schools-ban-black-lives-matter-trans-specific-pride-flags\/","title":{"rendered":"Durango schools ban Black Lives Matter, trans-specific pride flags"},"content":{"rendered":"\n

\"In
In an Oct. 1 notice, Durango School District 9-R issued a policy banning the display of political flags or symbols by teachers in the classroom. The notice specifically requires the removal of the Black Lives Matter flag and the progress pride flag. The variant of the standard LGBTQ+ pride flag includes white, pink and light blue stripes to represent the transgender community and black and brown stripes representing contributions of communities of color. Some variants also include a yellow triangle with a purple circle to represent the intersex community. (Durango Herald illustration)<\/span>cca<\/span><\/figcaption><\/figure>\n<\/p>

In a sweeping announcement Wednesday, Durango School District 9-R banned political symbols and flags \u2013 specifically those that represent transgender and Black people \u2013 from classrooms in response to a complaint alleging that such materials \u201cindoctrinate students.\u201d<\/p>\n

Principals at Durango High School and Miller Middle School informed staff members Wednesday of an Oct. 1 directive to the district that \u201cpolitical flags, posters and items displaying political symbols,\u201d must be removed from classrooms in response to a parental complaint.<\/p>\n

The policy specifically says Black Lives Matter flags and a variation of the LGBTQ+ pride flag that includes a white, pink and light blue stripe to represent the transgender community, as well as symbolism recognizing intersex people and communities of color, must be removed.<\/p>\n

Standard pride flags featuring parallel rainbow colors may stay on display, district spokeswoman Karla Sluis said.<\/p>\n

The district is caught \u201cbetween a rock and a hard place,\u201d she added, as officials balance the legal advice of counsel with what is likely to be unhappy constituents on all sides of this matter.<\/p>\n

Teachers were told they must take down the material by Friday\u2019s end. Students would be informed of the decision Monday, according to an internal email from DHS Principal Jon Hoerl sent to all school staff members and leaked to The Durango Herald.<\/em><\/p>\n

Multiple staff members at Escalante Middle School confirmed they received a similar directive during a meeting the week of Sept. 30.<\/p>\n

School and district leaders were also instructed to monitor school facilities to ensure that employees had not posted political symbols.<\/p>\n

\u201cSchool districts are really in the eye of the storm right now,\u201d Sluis said. \u201cThey are dealing with our culture wars and all of the focus is on them, which is quite unfortunate when you think about the actual business that we\u2019re in of teaching our students.\u201d<\/p>\n

The move has left teachers wondering what, exactly, will be considered political speech, and worried about the message the policy could send to students.<\/p>\n

One DHS teacher, who requested anonymity for fear of retribution for speaking with the Herald, <\/em>said political symbols in his classroom are intended to make students feel welcome, and he was concerned that the policy sends a contrary message.<\/p>\n

\u201cI intend for my LGBTQ students to know that my classroom is going to be a safe space for them, where I\u2019m actually going to treat them like a human being,\u201d he said. \u201cAnd I\u2019m concerned that the message the district is giving is that that\u2019s not a guarantee anymore.\u201d<\/p>\n

\u2018Political flags \u2026 must be removed immediately\u2019<\/div>\n

According to a document resolving a parental complaint presented to staff members and released by Sluis, the district received a parental complaint on Sept. 11 asserting \u201cLGBTQ and Black Lives Matter posters and flags are political symbols that (1) don\u2019t belong in schools, and (2) indoctrinate students.\u201d<\/p>\n

The complaint included an image of the offending posters, which included the evolved pride flag known as the intersex inclusive pride progress flag<\/a>.<\/p>\n

Chief Academic Officer Dylan Connell reviewed communications between the complainant and district officials, lesson plans that led to the creation of the posters, judgments rendered by legal counsel and the perspectives of superintendents in other districts around the state.<\/p>\n

Connell found that the pride progress and Black Lives Matter symbols are \u201cpolitical in nature\u201d because they \u201ccould be and are widely viewed as a statement that \u2018further progress and new legislation or governmental action is needed to establish and secure additional needed rights.\u2019\u201d<\/p>\n

The traditional pride flag was not deemed by counsel to be political in nature, even though voters will weigh in next month on ballot question Amendment J<\/a> striking from the Colorado Constitution an antiquated definition of marriage as one man and one woman.<\/p>\n

Although students have a right to the freedom of expression as guaranteed in the First Amendment and state law<\/a>, a teacher\u2019s right to the same expression is a touchier subject.<\/p>\n

\u201cPublic employees may limit what employees can wear on duty so long as they are neutral about the content of any message on the clothing,\u201d the district\u2019s counsel wrote in response to a series of frequently asked questions on the matter.<\/p>\n

School district officials and counsel are concerned that by allowing teachers to engage in some political speech in schools, they would have to allow all political speech.<\/p>\n

In an email to the Herald<\/em>, Sluis said the district may face legal action if the symbols in question are not removed, and acknowledged in an interview that the definition of political speech is up for debate.<\/p>\n

\"Sluis\"
Sluis<\/span>cca<\/span><\/figcaption><\/figure>\n<\/p>

\u201cIt\u2019s not clear for us, it\u2019s not clear for other districts around the state and country,\u201d she said.<\/p>\n

To resolve the complaint, Connell directed staff members to remove all political content, including progress pride flags and Black Lives Matter flags \u201cimmediately.\u201d He also said student work of a political nature may be displayed, but only if it is aligned with a current unit; is the creation of existing students in the class; is aligned with the rubric or grading criteria of the associated assignment; or otherwise protected by state law.<\/p>\n

In a written statement provided to the Herald, <\/em>Connell warned that unbridled political speech could work against the district\u2019s intentions to \u201ccreate safe and welcoming learning places where all students belong and thrive.\u201d<\/p>\n

\u201cStudent-created work and educational content that is aligned to current standards in a social studies class is OK,\u201d he wrote. \u201cIt provokes important dialogue and is part of the curriculum. We will still continue to foster learning environments and practices where students are well, are included, and where their perspectives matter for their personal and collaborative successes.\u201d<\/p>\n

Sluis answered questions for the district but initially declined four separate requests to make Connell or Superintendent Karen Cheser available for an interview. Cheser ultimately offered an interview Friday afternoon after the story had been reported.<\/p>\n

\n

Political speech often a gray area in public settings<\/h4>\n

Durango School District 9-R\u2019s new policy banning political speech could complicate questions of what kind of speech is allowed in Durango schools, and how the district can regulate it. The U.S. Supreme Court has broadly designated three types of forums<\/a>: public, designated (or limited) and nonpublic. Free speech in traditional public forums may be curtailed only in accordance with reasonable time, place and manner restrictions, while speech in limited public forums can by curtailed by topic or class so long as the application is value-neutral. In a document resolving a parental complaint over the presence of Black Lives Matter and certain LGBTQ pride flags in classrooms, Chief Academic Officer Dylan Connell said political speech by district employees would create the potential \u201cthat the school will be considered an open forum\u201d \u2013 a space where free speech is hardly curtailed. Steve Zansberg, an attorney who specializes in First Amendment issues, said traditional public forums are spaces where all members of the public are entitled to speak freely. Allowing teachers in a school to share political speech does not create the potential that the school will be converted from a limited public forum into a traditional public forum, he said. In a statement to the Herald<\/em>, Connell asked, \u201cwhen we create a limited public forum by posting political expressions, would we be comfortable with posting all political expressions?\u201dHowever, as the district acknowledged, schools are already considered a limited public forum. District 9-R\u2019s legal counsel identified in a FAQ document that Durango schools became a limited public forum when the board decided to grant meeting space for noncurricular groups<\/a>, such as DHS\u2019 Sexuality and Gender Acceptance club, to convene outside instructional time.The district may limit the class <\/a>of speech \u2013 which would be to say that political clubs are not allowed \u2013 but may not limit speech based on any viewpoint within an allowed class, as the district would be doing if it banned certain political perspectives. All clubs are constrained by district policy, which regulates how they are created and sustained and is applied equally to all student organizations. Counsel\u2019s advice to \u201ccontinue to use the same criteria to allow for student clubs\u201d and \u201censure equal access\u201d indicates that the district has found a way to maintain acceptable limits on political speech as it applies to student clubs, but declined to do the same with regard to flags and posters and opted to put the kibosh on it instead.<\/p>\n<\/div>\n

\u2018I\u2019m not totally sure how to interpret that\u2019<\/div>\n

DHS Principal Hoerl was \u201cvisibly nervous\u201d and shaking as he delivered the news during Wednesday\u2019s staff meeting, said another DHS teacher.<\/p>\n

Although the district was clear with the Herald<\/em> that only progress pride and Black Lives Matter symbols had to be removed, that message was unclear with half a dozen teachers who spoke to the paper on the condition of anonymity.<\/p>\n

\u201cIt does say Black Lives Matter, progress pride flag, or \u2018other political symbols\u2019 \u2013 I\u2019m not totally sure how to interpret that,\u201done DHS teacher said.<\/p>\n

A second teacher wondered if her \u201cno place for hate\u201d poster would have to be taken down, and what message that would send if so.<\/p>\n

Although Sluis said that even the American flag is \u201cnot a neutral symbol anymore for our country,\u201d it is \u201cabsolutely something that will stay in the classrooms.\u201d<\/p>\n

By allowing the standard pride flag, but banning the iteration that specifically recognizes the transgender community on the basis that it is too political for the classroom, the district could risk stigmatizing a vulnerable subset of the LGBTQ+ community, the second teacher said.<\/p>\n

\"\u201cWe
\u201cWe provide extensive training in Diversity, Equity, Inclusion, and Belonging for all staff on supporting every student and creating environments to create a sense of belonging,\u201d said Durango School District 9-R Superintendent Karen Cheser in a written statement. \u201cWe show that every student belongs in many different ways. Our effort goes way beyond putting up a flag. And if a symbol or flag is causing conflict, it is not promoting inclusivity.\u201d (Jerry McBride\/Durango Herald file)<\/span>Jerry McBride\/Durango Herald<\/span><\/figcaption><\/figure>\n<\/p>

Sluis said she expects the banning of one specific iteration of the pride flag, which was the direct result of legal advice, will prompt strong feelings and conversations.<\/p>\n

\u201cI think the message that we\u2019re sending is that our diversity, equity, inclusion and belonging efforts are more important than any symbol you could put on a wall \u2013 it\u2019s how we treat our students every single day in the classroom,\u201d she said.<\/p>\n

Not everyone agrees.<\/p>\n

\u201cTrans students already feel targeted,\u201d the second DHS teacher said. \u201cThey already experience mental health issues and suicide at a higher rate<\/a>, and I just feel like this is only adding to that.\u201d<\/p>\n

Tim Macdonald, legal director of the American Civil Liberties Union of Colorado, echoed that sentiment.<\/p>\n

\u201cWhen school districts target particular viewpoints or topics for censorship, they interfere with students\u2019 ability to learn, send the message that certain types of views \u2013 or certain types of students \u2013 aren\u2019t welcome, and risk violating the federal and state constitutions,\u201d Macdonald said in a written statement to the Herald<\/em>.<\/p>\n

rschafir@durangoherald.com<\/a><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

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