“This isn’t just about us.” Students file lawsuit against MSBSD over free speech rights.

On Thursday, 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), elected by the students to represent them to the school board, and Schachle is the SAB President.

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

According to the complaint filed with the U.S. Federal District Court in Anchorage, the MSBSD violated the free speech rights of Kolendo and Schachle when it investigated them after testifying at a school board meeting.

The meeting in question was held on September 6, 2023, when the school board voted 5-2 to change the role of the SABR, which had historically sat on the dais with school board members, participated in meetings and had the ability to engage in dialogue and ask questions, as well as make preferential votes. The school board removed the SABR from the dais and took away the SABR’s role on the school board.

Dozens of people, including students protested and spoke out during the meeting in opposition of the move by the school board.

Documents state that following the meeting, the school board ordered administrators 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.

Kolendo initially refused to be questioned by his Principal, Jason Ross, before speaking with his parents or an attorney. He did eventually speaking with Ross, and said in the lawsuit that he recalls being specifically asked whether he was told by any school advisors to speak at the school board meeting, where he got resources for the signs that were seen at the meeting, and whether any conversations regarding the policy change took place on school property, during school instruction time.

The lawsuit maintains that Ross told Kolendo he didn’t want to question the student, but was ordered to do so by the school board, saying it was a ‘district decision.’

Schachle was called into the office of Karen Bloxsom, the Assistant Principal of Wasilla High School, where he too was told that the school board had directed he be questioned about his comments during the school board meeting, according to the lawsuit. Schachle said that he and his classmates were left feeling intimidated, realizing the school board was investigating them for expressing their viewpoints.

The lawsuit states that on October 30, Kolendo attended a meeting with several high school students, Ross, Assistant Principal Jolene McDowell, and MSBSD Assistant Superintendent Justin Ainsworth to discuss the planned walkout. While the students were allowed to stage the peaceful walkout, the students were warned to avoid political signage, and that “any communications” about elections-including texts, social media, and emails-were not permitted at any time by students while on district property.

While the walkout was peaceful, a second walkout was planned for November 7, which was Election Day for the Borough. Prior to the second walkout, an email from the MSBSD Communications Officer was sent out warning students that campaigning and electioneering were not condoned at any of the polling locations and that protests at those schools that also serve as polling locations were to be held off-campus.

“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.

When asked why bring a lawsuit, Schachle and Kolendo say that the district drew the line when they took actions that affected and intimidated students, including investigations, letters, and emails.

“This isn’t just about us. This is about all current and future students, and fighting to make sure that the rights of students are protected,” said Kolendo.

Fletcher agrees, saying that the goal of all this is to have the constitutional rights of the students recognized and acknowledged.

“We didn’t expect the district to do it. We need a judge to address and imprint their rights.” She also says that while some seniors may be able to cast ballots in elections, the K-12 students have only one way to advocate-through speaking out-but that is something that is being taken away.

“It’s a repeat pattern of encouraging participation in the community and government, only to be investigated and later told that they cannot talk about political activity at school.”

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

Both students are aware that there could be negative ramifications from the lawsuit, but say that having a safe and supportive network of friends, family, staff, and community members has been a relief.

“We trust each other, which takes a load off,” says Kolendo, adding, “We know this is controversial, but this is too important.”

It is a sentiment echoed by Schachle, who says that any blowback is worth it because the need is too great.

“We need to hold our elected officials accountable, there needs to be a precedent of accountability. It’s important for people to know that we encourage diverse opinions. Learning to express students’ constitutional rights is important for students to learn. Too often, people just get angry hide behind their words on social media. Taking legal action like this is concrete. Having accountability trust, and transparency is a necessity in our government.”