CHARLOTTESVILLE, VA. (CVILLE RIGHT NOW) — Following a packed and, at times, contentious public comment session, the Albemarle County School Board overwhelmingly passed a new policy governing extracurricular clubs.

The new policy bars guest speakers during the school day, among other guidelines designed to avoid disruptions to education and balance First Amendment concerns with worries about discriminatory speech.

It passed 5-1, with Rio representative Jim Dillenbeck the only vote against it.

The new policy, which has been in the works since November, goes into effect immediately. It is enacted as the Western Albemarle High School chapter of Turning Point USA is set to host Erika Kirk, the widow of conservative activist Charlie Kirk, who was assassinated in September, on April 2.

A source told Cville Right Now, before the meeting, that if the policy was adopted, Kirk’s presentation would be moved to after the school day to comply.

Aside from the guidelines on speakers, the policy also requires principal approval for all fundraising, both inside and outside of the school, and requires that, if a club is dissolved, all monies raised shall be kept in a school activities fund held by the school.

The policy also explicitly bars any student organizations that “promote or endorse violence, harassment, or hatred toward an identifiable person or group based on race, color, religion, ethnicity, national origin, ancestry, gender, gender identity, sexual orientation, or disability or are affiliated with any organizations that do so.”

Rivanna representative Judy Le motioned to pass the new policy, with Jack Jouett Representative Kate Acuff seconding.

Member at-large Allison Spillman, who’s Facebook post that appeared to compare TPUSA to the Klu Klux Klan added to the tension of an October School Board meeting, was not in attendance Thursday due to a work conflict, according to a statement from Spillman that was read by White Hall representative and chair Rebecca Berlin.

Spillman’s statement went on to state that she had approached Superintendent Dr. Matthew Haas and his team about changing the policy,  following the controversy surrounding TPUSA hosting conservative activist Victoria Cobb to give a talk entitled “Two genders, one truth,” at a lunchtime meeting that same month.

Public comment for Thursday’s meeting began with TPUSA President Noah Coffin, who was granted five minutes compared to the usual two because he was speaking on behalf of the entire organization.

In his remarks, Coffin expressed his “deepest respect” for the board, but argued the proposed policy banned speakers from non-curricular clubs, restricts fundraising for all clubs and allowed the school board to eliminate any club at their discretion. He also painted TPUSA as a driving force behind political discourse at Western Albemarle where, he said, there was none beforehand.

“Kids would never talk to each other otherwise, or have civil discussion,” he said. “Imagine that — talking about something we disagree with civilly. It was truly a wonderful thing to see.”

Coffin also argued the proposed policies on fundraising could potentially end clubs, particularly athletic clubs, that rely on parent and volunteer support and contributions. Others speakers echoed Coffin’s sentiments, arguing TPUSA was encouraging discussion among students and the new policy would negatively impact clubs across the board. Some, including Coffin, alluded to or at time fully accused the board of targeting TPUSA with the new policy.

“While the school district certainly has the authority to set reasonable parameters for how student clubs may function within its school, that power is not unlimited,” Josh Hetzler, Legal Counsel from the Founding Freedoms Law Center which represents Western Albemarle’s TPUSA chapter, said during his remarks.

But other speakers painted a different picture of Western Albemarle, with multiple parents and other family members expressing that their children no longer felt safe at the school due to increased division. Some even wanted the board to go further in preventing potential hate speech than the proposed policy did.

“Free speech must not be a cover for hate speech,” Gene Locke, who’s grandchildren attend Western Albemarle, said. “You have to have a policy that helps your administrators define what constitutes speech that is harmful to the learning environment. 
I know that is difficult. It’s tricky. But I think the time has come to do that.”

There were only a few instances in which tensions boiled over. One speaker in favor of the policy continued to speak even after her time was up and her mic cut off, yelling the remainder of the remarks as she walked back to her seat.

Another, opposed to the policy, was cut off by Berlin when she called to Scottsville Representative and Vice Chair Ellen Osbourne. The two got into an argument before Berlin cut her mic of and instructed her to take her seat.

Finally, after the public comment, the Board went down the row, each giving there thoughts. Most were brief in their remarks, excepe\t for Dillenbeck, the lone no in the vote.

Dillenbeck made two motions regarding the Fundraising portion of the policy —  one to remove it entirely, another to amend it so that if a club is dissolved, any funds collected from an outside organization shall be returned  — but there was no second from the board on either.

In between, he also motioned to ensure organizations that promote hate against political beliefs were also not permitted. The motion was seconded by Samuel Miller representative Bob Beard, which narrowly failed with a 3-3 tie, with the no’s from Berlin, Le and Acuff.

Finally, Dillenbeck motioned to adopt the provision regarding dissolving a club currently in place in Stafford County, stating that “failure to comply with these provisions shall be ground for disciplinary action or revocation of recognition,” but that non-curriculum clubs that are denied permission to use school facilities by a principal may appeal to the superintendent or designee. Le seconded the motion, which passed unanimously.

The only other motion was to define the school day as 45 minutes before and after the first and final bell for all high schools and 30 minutes for all middle schools, which passed unanimously.

Finally, just after 9 p.m., the policy was passed. Berlin thanked the mostly full auditorium for their input and decorum before issuing a 10-minute break. Despite her encouragement, most did not stay for the remainder of the meeting.