A SMOKE SCREEN: JACKSON SCHOOL OFFICIALS TRY TO CONTROL STUDENTS' OFF-CAMPUS BEHAVIOR

JACKSON, Mo. -- A new disciplinary policy at Jackson High School blurs the boundaries between the school campus and private property and pits school authority against students' personal freedom.

The Jackson Board of Education recently gave administrators punitive control over off-campus behavior that would violate school policies if done on school property. The policy specifically prohibits smoking or loitering in groups near a school, but its wording is broad enough to cover a variety of other activities miles from campus.

Students who are aware of the new rule said they believe it violates their privacy and right to gather and express themselves away from school. While some are smokers or use other tobacco products, most are just enjoying time away from the scrutiny of adults, they said.

"We're not in school now, so why should they be able to tell us what to do?" said Rasheena Crank, 16, during her lunch break Wednesday. "Really, it's the only time we get to be in groups with our friends."

High school students tend to congregate on public sidewalks near school property during lunch periods, before and after school. Some students intentionally stand off campus during lunch to smoke, an activity which is not against Missouri law but violates a district policy.

One of the most popular gathering spots is along Jefferson Street, almost directly across from the front doors of Jackson High.

"I think it's kind of nice to be able to come over here and smoke. At least we're not doing it on campus," said Jennifer Mesey, 16.

But what feels good to students doesn't look good to adults or students at a nearby private school, said school district superintendent Ron Anderson.

"You drive by as a parent or member of the community and see that I think that we're setting a bad example with that," he said.

Students are allowed to leave the high school campus for lunch as part of an open campus policy. Anderson said the campus cafeteria could not support a closed campus policy currently, and such a move would not entirely alleviate problems.

"The noon issue wouldn't be there, but morning and afternoon wouldn't change much from that perspective," he said.

The policy won't be enforced until after enough time has passed to make students reasonably aware of its meaning and consequences. Anderson said he doesn't expect a backlash from parents.

The impact of the policy will likely be minimal, since most of the students abide by the rules both on and off campus, he said.

"I'm sure it will take some examples of some people who choose not to follow the rules, but the majority of our students are doing what we would want them to do," said Anderson.

What it says

Under the policy, students may be disciplined for conduct that violates campus policies or is detrimental to students' safety, moral and good conduct "by reason of its proximity to the school or its observation by or effect upon students while at or near a school."

Anderson said the policy will be enforced mainly to ensure students show good citizenship by not littering, loitering or causing other problems during the lunch hour.

Discipline will match guidelines listed in the student handbook for on-campus infractions. Most infractions range from warnings or detention for first offenses up to suspension for three or more incidents.

While the focus will be on problems within view of campus, the policy leaves enough room to cover a situation that might occur away from school and outside of school hours that could warrant disciplinary action.

For example, if a fight occurred within sight of the high school campus and school officials witnessed it or learned of it, the students could be disciplined for the incident under the new policy. If the same fight occurred after school and far away from school property, the incident still could result in disciplinary action, although Anderson said that is not the goal of the policy.

"We are not interested in trying to go out and reach beyond things that would not necessarily be in our jurisdiction, but if something is going on that's breaking the rules, we will enforce the policy," he said. "We're making sure we didn't put any limitations on the policy."

Who else has it

Jackson is likely the only district in the state with an off-campus disciplinary policy passed by the school board, although a number of districts have administrative policies enacted by superintendents or building principals.

Cape Girardeau School District has similar directives regarding student behavior in neighborhoods surrounding Central High School and Central Junior High that were written by the principals of those schools to address complaints from residents about littering and loitering in front of their homes.

Assistant principal Rich Payne said fewer than 25 Central High School students are disciplined for off-campus behavior annually. Discipline for infractions runs the gamut from verbal warnings to conferences with parents up to suspension, he said.

"It would have to be pretty significant to reach that level," said Payne.

Payne said administrators don't address smoking when it is done on public property because it's not against the law. But throwing cigarette butts on the ground is considered littering, which is monitored, he said.

Legal standing

Despite students' displeasure, the Jackson School Board appears to have legal backing for the policy.

Spokespersons for the Missouri School Boards Association and Department of Elementary and Secondary Education both said SB 944, which was signed into law last year, extends school authority to hold students accountable for their actions on playgrounds, buses and parking lots, and at school activities on or off school property.

With so much authority already, it's not a stretch to extend coverage to students' activities within proximity of school grounds, they said. State school board and education officials said several recent court decisions support extending a school's disciplinary authority, but they were unable to cite individual cases.

"There is a pattern of case law that's established some basis for extending that authority," said MSBA policy director Meghan Turner. "We have revised our school disciplinary policy recommendations to reflect that language."

Matt LeMieux, executive director of the American Civil Liberties Union of Eastern Missouri, said the Jackson schools policy appears valid as long as it is narrowly interpreted by school officials.

"This is a little different than anything I've seen. I hope the intent is to be as narrow as the policy appears to be," said LeMieux after reviewing a copy of the policy. "Our bigger concern would be that this rule would be enforced in a way that went beyond the area directly around school or in a way that punishes students for doing something during non-school hours."