Mom Fights Back: Goldwater Sues Indiana School District to Defend Parents’ Rights

Heather Nicole Graves was banned from school grounds and had her communications with school employees limited – all because she recorded a meeting with the school principal regarding an incident involving her daughter and a school bus driver. The incident involved a school bus driver walking up and down the bus aisle, belt in hand, striking it against his hand in a threatening manner. Mrs. Graves’ daughter reported the incident to school officials, and the principal arranged a meeting with her – but the school, never notified Mrs. Graves about the report.

When Mrs. Graves, whose daughter was then in seventh grade, learned of the incident from her child, she promptly requested a meeting with the principal. This was not the first time the family had concerns with bus drivers in the district, so Mrs. Graves decided to record the meeting with the principal to ensure an accurate record of what occurred. Instead of addressing her concerns, the principal focused on distancing himself from the issue, claiming that personnel matters with bus drivers weren’t his responsibility and that he was simply too busy to inform parents when their child filed an incident report. The meeting concluded with the principal telling Mrs. Graves that if she didn’t trust the school bus drivers, she was free to transport her children to school herself.

Frustrated and concerned, Mrs. Graves posted the recording on social media. Unbeknownst to Mrs. Graves, the school, however, had a policy that banned parents from recording meetings without the permission of the building administrator. As a result, rather than addressing her concerns, the district responded by issuing a no-trespass order: Mrs. Graves was barred from entering any school building or from attending any voluntary activities such as sports, contests, concerts, plays,, without written approval from the superintendent’s office at least 24 hours in advance. She was also prohibited from contacting any staff member without first contacting the superintendent’s office, and all communications with staff members had to be in writing.

This sweeping no-trespass order and communications restriction violated Mrs. Grave’s constitutional rights. The First Amendment protects the rights of individuals to engage in expressive activity, including the recording of government officials. Additionally, parents have a fundamental right to control and direct the education and upbringing of their children, and a necessary part of that right is access to information necessary to determine whether an educational environment is the right environment for one’s child. Schools, in turn, have a constitutional duty to inform parents of incidents involving their children, ensuring parents have the information necessary to exercise these fundamental rights.

Now, Goldwater is protecting Mrs. Graves’ constitutional rights by bringing a lawsuit in federal court.