Published: April 26, 2008 10:36 pm            

Attorney: Board’s complaint policy on target

EDMOND — To the Editor:

I am writing in response to an editorial that was a “reprint” of a letter prepared by attorney Lydia Lee to a proposed “complaint” policy being considered by the Edmond Board of Education. As general counsel and director of Policy Services for the Oklahoma State School Boards Association, I consistently recommend that school boards consider adopting a public complaint policy. I disagree with Lee’s comments that such a policy is an overly broad abridgment of speech.

First Amendment case law addresses “content” of speech. The proposed complaint policy does not address “content” of speech, but addresses the issue of time, place and manner of proposed speech. Such a restriction is commonplace and has been consistently held by the U.S. Supreme Court to be a reasonable restriction of speech. When time, place and manner restrictions are placed upon speech, the Supreme Court allows a governmental entity to utilize a “rational basis” rationale for such limitation. The “compelling interest” restriction only applies when “content” of speech is being restricted.

Adoption of a public complaint policy affords the public with a specific procedure to follow to resolve complaints. Such a policy is not overly intrusive and affords the entity the ability to address an issue at the lowest possible level of the organization. Hence, a person with an issue involving a teacher should begin the process by communicating with the teacher and then the teacher’s supervisor and so forth.

I would strongly encourage the Edmond Board of Education to adopt a policy for public complaints that establishes procedures for members of the public to utilize in forwarding concerns through the chain of command at the school district. The policy that was proposed is similar to a policy that I have written for clients of the OSSBA’s Policy Services.



Julie L. Miller

Oklahoma City



JULIE L. MILLER is general counsel and director of Policy Services for the Oklahoma State School Boards Association.

        

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