Students file lawsuit against Mat-Su school district, cite violations of free speech

Today, two students filed a lawsuit against the Matanuska-Susitna Borough School District (MSBSD), stating that the district has violated their right to free speech.

The plaintiffs in the lawsuit are Ben Kolendo and Quinlen Schachle, both seniors in the MSBSD-Kolendo is a senior at Career and Technical High School, while Schachle, also a senior, attends Wasilla High School. Both students are also active in the MSBSD Student Advisory Board (SAB), where Kolendo is the Student Advisory Board Representative (SABR) who reports to the school board and Schachle is the SAB President.

The students are represented pro bono by the Northern Justice Project, LLC.

Both students spoke at the school board meeting on September 6, 2023, regarding the role of the Student Representative on the school board, when Kolendo’s role at the SABR was drastically changed and the position was removed from the dais.

In a press release from the Northern Justice Project, attorney Savannah Fletcher says that following that meeting, the district ordered administrators at both high schools to interrogate students about their participation in the public meeting. Kolendo and Schachle were both removed from their classes and maintain that they questioned about their participation, and that they were left feeling intimidated by the district.

Additionally, the students say that the district outright prohibited “anything political” to be discussed by students at a walkout on October 31, and students were ordered to leave campus during a second walkout on November 7 for engaging in political speech.

“This lawsuit is not only about my individual rights, but also the rights of all current and future students of this school district. My goal is to set a precedent that students’ rights are protected to allow for an educational environment where diverse opinions are encouraged and opinions can be expressed without censorship,” said Kolendo.

“Accountability is a cornerstone of any democratic institution, hence why this lawsuit has become a necessity, to hold those who have misused power and privilege accountable. Students should have every right to exercise their constitutional freedoms, and any sort of violation or interference of these rights by elected officials must be firmly condemned,” said Schachle, adding, “Moving forward I hope this lawsuit can create a healthier dynamic of trust and transparency between those elected to assist students and the students themselves, allowing for an environment more conducive to proper education rather than one where fear is effectuated by public servants elected to work for students.”

“This is now the second time that the District has been sued in recent weeks for violating the First Amendment rights of its students. Just as the District may not ban books when it disagrees with the viewpoints expressed in those books, the District cannot intimidate students who are brave enough to exercise their right to speak out at a Board meeting, and the District cannot try to chill or outright prohibit speech that may be critical of the District or of the School Board,” said Savannah Fletcher, counsel for the students.

Kolendo and Schachle are seeking a declaration that the district’s actions were unconstitutional, an injunction preventing future violations, and nominal damages.

This is a developing story.