ACLU of Nevada Accuses a Carson School of Threats

Families and students at Eagle Valley Middle School received a warning last week stating that participating in political protests alongside other local and regional schools could result in truancy marks and in-school suspension (ISS), prompting civil rights attorneys to consider potential legal action. The American Civil Liberties Union of Nevada (ACLU) says that the message may violate students’ First Amendment rights.

The issue is not standard truancy consequences, but the potential for additional punishments specifically linked to participating in political protest. According to the ACLU, threatening disciplinary action against a student absent due to protest activity can be considered a violation of federal law, as courts have repeatedly ruled that students are not to be disciplined for exercising their constitutional rights.

Carson City School District officials maintain that the principal’s email did not violate the law. The district stated that attendance, behavior, and safety policies are applied equally to all students, regardless of the reason for absence, and that participation in protests is neither restricted nor encouraged by school policy.

When asked whether all students at EVMS automatically receive ISS or truancy, the district clarified that ISS is an optional response depending on the severity or frequency of truancy. The distinction is central to the ACLU’s concern, which argues that disciplinary measures are not to be linked to political expression.

The EVMS warning differed from a recent notice sent to families regarding a similar protest. School officials warned that participation would result in an unexcused absence, which is the same consequence applied to any student absent from class, with no additional disciplinary action offered.

The EVMS notice comes amid nationwide student protests responding to federal enforcement actions and the killing of U.S. citizens in Minnesota. The district’s attendance manual allows for optional disciplinary responses to truancy, including conferences, intervention plans, or consequences for repeated unexcused absences. However, using truancy as a reason to punish students participating in a walkout may conflict with both state law and district policy.

EVMS students have previously participated in walkouts, including a 2006 protest against proposed federal immigration legislation, during which administrators encouraged safe participation under supervision. Past precedent suggests that student protests receive accommodation without violating the law or school policy.

The ACLU will respond to formal complaints from students or families if filed, emphasizing that the organization’s focus is on protecting students’ rights and preventing future violations rather than pursuing litigation for its own sake.