Tumwater School District delays action on staff expression policy

The Tumwater School District Board of Directors tabled a policy aimed at safeguarding staff freedom of expression, especially on social media, to allow for more discussions with staff amid trust and language clarity issues. 

Policy 5254 (Personnel) for Staff Expression was initially set for a second reading and approval at a meeting on April 23.  But action on the issue was delayed after some board members voiced concerns. 

The policy, modeled after the Washington State School Directors' Association version, outlined the capacity of staff speech in official standing and as a private citizen in district correspondence. 

“Staff expression includes the performance of job responsibilities and how they represent the district in their use of district email accounts, school district buildings, district property, classrooms and how they present themselves to students,” the policy states. 

Board Vice President Ty Kuehl said the policy explicitly balances First Amendment rights with the district’s needs for order and efficiency. 

“In today's reality, (where) constant social media polarized discourse and blurred lines between personal and professional roles, make this kind of a policy more modern and necessary for where we are at today,” Kuehl said. 

Freedom of speech 

District 1 Director Julie Watts encouraged a “no" vote on the policy due to worries about possible control over free speech. 

“We have heard loud and clear from our educators about their concern about the chilling effect on their free speech rights. … Educators are worried about abuse and limiting of their free speech. They are concerned that it will be used against them. It is creating fear and suspicion,” Watts said. 

Watts recalled feedback about not understanding what problem the district is trying to solve, after a former school board member allegedly complained and asked the superintendent to intervene with a unionized member of the staff. 

“One person described this as taking this action would be driving a deeper wedge between the school board and the staff. … We should be more concerned about that lack of trust than any particular policy that we are talking about,” Watts added.  

District 5 Director Rob Warner said the board needs to take any vague language in the policy and clarify it to establish credibility.  

District 4 Director Melissa Beard also supported tabling the motion to refine the “private citizen” part of the policy. 

Kuehl said the district can only implement a policy, and not regulate people’s behavior nor discipline teachers, staff, counselors or administrators. 

“The public speakers at one point in the previous meeting said something about that ‘this policy allows the school board to dictate how it is used or how staff could be penalized’— that is not the job of the school board, and that is not within our purview,” Kuehl added. 

Board President Casey Taylor said the policy still needs a procedure to go along with it, to clarify specifics to all district staff. 

The board approved a motion to direct the superintendent to form a focus group, which is to include administrators and board members Watts and Warner.