My son’s old school board owes me an apology

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On May 28, my son did something I didn’t think possible just a few years ago. He graduated from high school with honors, and as a member of the school board, I handed him his diploma as he walked across the stage.

If you’d told me this would happen five years ago, I would have laughed and then cried. My son, who has a learning disability, had been shut out of school during the pandemic. His grade point average fell from a 3.5 to a 1.5. For the better part of two years, I didn’t see how he could get back on track.

But while my son is now on a better path, I’m still dealing with the fallout of the school’s treatment of him – and me.

Sandra Hernden

School board candidate Sandra Hernden

On June 12, the Sixth Circuit Court of Appeals will hear arguments in a case I brought. I’m asking that school board to apologize for violating my constitutional right to free speech. I exercised that right in defense of my special-needs son, only for my elected officials to try to get me fired and even investigated by the federal government.

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I’ve been fighting this battle since the summer of 2020, when the Chippewa Valley School Board announced that classes would stay virtual for the 2020-21 school year. By then, my son had already spent three months in virtual learning, and every day was worse than the one before. 

My son’s learning disability means that he needs one-on-one time with teachers. I worried that if he didn’t get that for a full year, his education and life would be permanently harmed.

The school board held public meetings that summer and fall, and out of concern for my son, I showed up to all of them. But the board members showed zero willingness to listen, much less show leadership by reopening school. 

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I got frustrated, no question. But I didn’t act inappropriately. I’ve been a police officer for 27 years, so I know how to handle myself in public.

But while I never crossed a line, the school board did. In December, the deputy chief at my police station called me into his office and read an email he’d received from a school board member. It accused me of "veiled racism," and when that kind of language is leveled at a police officer, the meaning is obvious. I should be fired – simply for speaking in defense of my son.

How I wish that were the end of it. I kept going to school board meetings, and I kept my cool despite being targeted. 

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The following October, however, the school board president submitted a formal complaint to the Department of Justice. He accused me of "threatening comments," and once again, the subtext was clear. 

The day before, Attorney General Merrick Garland had written his memo ordering the FBI to go after parents who criticize educators and school board members. The memo was an obvious invitation to those who wanted to silence parents like me, of which there were countless during the pandemic. My son’s school board jumped at the chance.

I have no idea if the Justice Department took action. But I do know the school board—an elected government body – tried to punish me for daring to use my right to free speech. 

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I also know that while the school board was targeting me, my son’s situation deteriorated further. In 2021, I moved him into a school in a neighboring district, and I also ran for an open seat on the board. But I refused to let the old school board get away with its actions.

Which brings me to the Sixth Circuit. I got here after a district court ruled that while I was targeted, I didn’t suffer any harm. That’s true – the school board didn’t succeed in getting me fired or otherwise punished. But that’s irrelevant. 

Government officials shouldn’t be let off the hook simply because their targeting failed. If the federal courts let that argument stand, government officials across America will go after their opponents like never before. They’ll be free to frighten anyone who dares question them, silencing citizens who try to hold them accountable.

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I refused to be silent, then or now. I’m asking the court to recognize that my constitutional rights were violated. And I want the court to order the school board to give me an apology.

I’m astounded that none of the elected officials who targeted me have said those simple words – I’m sorry. Thank God that despite their best efforts, I’m still employed, and my son finished his education with flying colors.

CLICK HERE TO READ MORE FROM SANDRA HERNDEN

Sandra Hernden is a police officer and member of the L’Anse Creuse School Board. Her lawsuit was brought by the Mackinac Center Legal Foundation.

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