Scarsdale Board Reviews Code of Conduct and Discusses Proposed New Guidelines on Student Expression

After several incidents in the schools last spring sparked controversy over political speech and attire, the Scarsdale Board of Education drafted and proposed new “Guidelines for Student Expression at School-Sponsored Activities” in May. Those guidelines were met with reservations from members of the community who feared a chilling affect on free speech. According to the district, “A comment form was opened for public feedback, and 109 comments were received.”

At the July 15, 2026 meeting, a revised draft was included in the agenda that defines “which activities are included, and clarify that the guidelines apply to student participants (as opposed to audience members, for example).”

You can review the new proposed guidelines here:

On Wednesday, the Board continued its discussion on proposed guidelines for student expression at school-sponsored activities, with administrators emphasizing that the document remains a draft and will be revised again before the start of the school year. Superintendent Dr. Drew Patrick said the guidelines are intended to make existing practices more transparent, not to create new rules.

"We're not required to have board approval of regulations that associate with board policies," Patrick said. "It's been our practice to do that... because it's a way to inform the board and the public of how the administration is going about implementing the policy."

Patrick said the guidelines "emanate from the administration's felt need to more clearly articulate our current practice" for school-sponsored activities and noted that revisions reflect more than 100 public comments. He stressed that the guidelines "stand apart from the code of conduct," are "not part of the code of conduct," and "we're not taking any action" to adopt them at this time. Instead, the district plans to revisit the draft at its August meeting.
Several board members expressed appreciation for the administration's efforts while raising concerns about the draft's language.

Board member Leah Dembitzer said terms related to political expression remain "vague" and warned that uncertainty "causes a chilling effect because there's uncertainty over what is allowable and what is not allowable."

Board member Kevin Ziegler echoed those concerns, saying the section on political advocacy "might be worth another look."

Board member Jim Dugan said he continues to struggle with language that "can kind of approach reading like a blanket prohibition on political expression," adding that he does not want Scarsdale to become "the only school district that tells our students you cannot engage in any political expression of any kind at any school activity ever."

Patrick acknowledged the challenge of balancing student expression with the district's responsibility to oversee school-sponsored events.

"The act of writing this down can create interpretations that chill... the perception of something that we don't believe the words mean," he said. "How we attend to that possibility while still feeling like we have a tool is the challenge."

The board will continue reviewing the proposed guidelines before considering their implementation for the 2026-27 school year.

Public Comments

Several residents urged the Scarsdale Board of Education to reconsider the proposed guidelines arguing the district's existing Code of Conduct already addresses misconduct while raising concerns about First Amendment protections.

Alissa Baum thanked the board for seeking public input and revising the proposal but said she remained opposed to the guidelines. She said, "It still disappoints me that you're pursuing these guidelines because I do think the code of conduct amply covers what's going on," Baum said. She praised revisions clarifying that the rules apply to participants rather than spectators and encouraged the board to further clarify how the guidelines would apply to student clubs, school newspapers, and symbolic speech.”

Rokaya Hassabala questioned the need for the proposal, asking, "What educational problem are these guidelines solving that our existing policies do not already solve?" She argued that existing policies already prohibit "harassment, discrimination, threats, bullying, obscenity, and behavior that disrupts school" and urged the district to withdraw the proposal.

Jordan Copeland raised constitutional issues with the draft.

He said, “First, it applies the same restrictive standard to two categories of student speech that aren’t the same constitutionally. Second, it specifically bans political speech, which is a significant First Amendment problem.

Starting with what’s legitimate, under Hazelwood, the District can control speech that’s part of a school-sponsored program like a newspaper, a yearbook, an approved speech, a graded assignment, or a theatrical production, because those are put out through the school and appear to carry the school’s approval.

But a school-sponsored event doesn’t turn every participating student’s personal expression into school-sponsored speech. A student wearing a button to an art exhibition, or a player kneeling at a football game are exercising personal expression, which is constitutionally protected more than school sponsored speech. The personal speech can only be restricted if it causes, or can reasonably be expected to cause, real disruption, or if it infringes on someone else’s rights, or involves harassment or safety concerns.

The second problem is that political speech can’t be singled out in a policy or in enforcement. A student performer can be prohibited from using the mic during a performance to make a statement about the Middle East, but the same prohibition would apply to a student who uses the mic to promote their YouTube channel. A student actor can’t ad-lib political lines into a play, but they can’t ad-lib comedy lines either. A student orchestra member can’t wear a Black Lives Matter shirt, but they also can’t wear a Taylor Swift shirt, because of the formal dress code for the performance. In every one of these examples, the problem isn’t politics. It’s disruption, misuse of a school platform, or breaking a neutral rule that applies to everyone equally. And the District can’t ban political clothing outright just because it’s political, or because it’s worn at a school-sponsored event.

I'd also point out that in one way the latest revision actually made one constitutional problem worse. The earlier draft limited political symbols that "may reasonably be expected to create disruption." I previously objected to the added references to "division" and "controversy," because those aren’t the legal standard. But the disruption language at least tied the policy to Tinker's requirement that a school can restrict speech if there’s a reasonable forecast of material and substantial disruption. Without that language, the current ban on political viewpoints is even less defensible.

Scarsdale’s Code of Conduct already meets the correct constitutional standard. It protects students’ right to express their views while allowing the District to regulate speech that disrupts school operations.

So I urge the Board not to adopt these guidelines as written. If administrators or teachers need additional guidance, it should be limited to neutral rules about scripts, microphones, and school-controlled platforms. And the Board should have district counsel directly address how a policy that specifically targets political speech can be squared with First Amendment law.”

Mayra Kirkendall-Rodriguez said, “I continue to be extremely concerned about the draft “Guidelines for Student Expression at School-Sponsored Activities and its current revision. The removal of the "disruption" language is the only improvement in the new version. Yet, the proposed guidelines continue to be extraordinarily vague and do not acknowledge the constitutional protections that students do have in school. Board members have all taken an oath to uphold the constitution.”

Scarsdale resident Abby Balbale thanked the Board of Education for seeking additional public input and revising the proposed student expression guidelines but argued the latest draft still raises significant constitutional concerns.

Balbale said she appreciated the removal of the phrase "disruption, division, or controversy," but contended that the revision "worsens the core issue by stripping away any threshold of material disruption."

She argued that the proposal "looks dangerously like an absolute blanket ban on student political speech at school events" and questioned how the policy would be applied, asking whether "a student who wears a pride pin to prom" could be required to remove it.

Balbale also expressed concern that the guidelines could limit classroom assignments and student journalism, saying, "It simply says that political advocacy has no place in student assignments, and that is really scary."

She concluded by urging the district to withdraw the proposal, arguing that "our existing policies already give our administrators and our teachers complete authority to stop hate speech, harassment, bullying, or any actual operational disruptions." Instead, she said, the district should "trust our educators, trust our existing code of conduct to handle genuine disruptions, and continue to let Scarsdale students learn how to think, argue, and engage with the world."

Board President Suzie Hahn thanked the speakers and said the board would address the comments during its later discussion of the proposed guidelines.

Code of Conduct

The Board also held its annual public hearing on the district's Code of Conduct with administrators recommending no changes for the 2026-27 school year while discussing artificial intelligence, student conduct, and free expression.

Assistnat Superintendent Eric Rauschenbach noted that a committee of stakeholders discussed how artificial intelligence relates to plagiarism and harassment but concluded existing language already covers inappropriate AI use. "The use of AI in ways that violate the code of conduct... are all covered. It's really a means to how kids are breaking the code of conduct, rather than AI itself being a violation."

Rauschenbach said student committee members suggested creating a one- to two-page summary of the Code of Conduct for secondary students to make expectations more accessible.

During the hearing, board members asked about staff training to investigate harassment, bullying, and discrimination. Rauschenbach said administrators receive specialized training through McGrath to ensure investigations are conducted equitably, while teachers receive additional training on recognizing bullying, harassment, and student distress.

During the public hearing, Scarsdale resident Mayra Kirkendall-Rodriguez commended the district's Code of Conduct for recognizing students' rights to "oral expression, written expression, symbolic expression, peaceful assembly, and inviting speakers under appropriate circumstances."

After comparing Scarsdale's policies with those of neighboring districts, Rodriguez said she found that while the district already provides "meaningful protections for student expression," its policies "could provide greater clarity by more explicitly explaining the constitutional principles that govern student speech."

Scarsdale Schools Welcome New Teachers and Theater Director for 2026-27

The Board of Education also welcomed four new educators as the district continues preparations for the 2026-27 school year.

Assistant Superintendent Meghan Troy introduced the new hires, saying the district is "still onboarding and welcoming new faces to Scarsdale."

Ryan Kelleher joins Scarsdale High School as a physics teacher after previously teaching at Stepinac High School in White Plains. Farrell said Kelleher's focus on "hands-on learning experiences" aligns with the district's instructional goals.

Christine Hamilton was introduced as an elementary special education teacher in an integrated fourth grade co-teaching classroom at Fox Meadow School. Farrell praised her emphasis on "relationship building, including families, students, and colleagues," adding that her "warmth and approachability will be welcomed by all in Scarsdale."

Mary Feighery will serve as a full-time science leave replacement teacher at Scarsdale Middle School. Farrell highlighted Ferry's previous work in Mamaroneck and said, "Her love of science and her deep commitment to supporting all learners will be an asset to everyone in Scarsdale."

The district also welcomed Anya Washington as its new theater director. Farrell said Washington demonstrated "both an expertise in the technical aspects of the position and a student-centered approach to instruction," adding that the district looks forward to seeing "her impact on and off the stage."