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Spencer-Van Etten High School Principal Ann Sincock sent the student, 16-year-old Heathyre Farnham, home on Sept. 21 because she thought it would invite other students to wear anti-gay T-shirts and cause a disruption, said Jim Young, the school board's attorney.

The incident dates back to Sept. 21 when Farnham wore the T-shirt to school. She said it was the third time she wore the shirt.

"The principal came up to me at lunch and said it was inappropriate and disruptive... No one was screaming or yelling about it; I wouldn't call it disruptive," Farnham said. "Everyone was still learning."

The school board's attorney agrees that the shirt was not disruptive. The principal did not interpret the laws regarding student expression correctly, Young said.

"The young lady had a right to wear it," he said.

Sincock could not be reached for comment.

A month after Sincock sent Farnham home, the school board invited parents, students and community members to discuss the T-shirt issue at a school board meeting.

"When you enact censorship like this, it puts a chilling effect on the student body," said Barrie Gewanter, Central New York chapter director for the NYCLU. "We wanted to make sure this would not happen again."

Gewanter and Young came to an agreement on most issues, most importantly that Farnham's shirt is legally protected speech and that the principal's actions were "based on a total misunderstanding of a student's right," Gewanter said.

The two lawyers met with the school's faculty to discuss the laws regarding student expression for more than an hour, Young said.

While Gewanter said it was "positive" that the district allowed her to address the staff, she said she still is concerned because of other claims of censorship that continue to surface.

Specifically, she said another student wore a shirt similar to Farnham's but changed the message slightly and was told to remove it.

The other T-shirt said "lesbo? fine by me," said Charles Clemens, the acting superintendent. Clemens came to the district two weeks after the incident to fill in for the superintendent, who is out on sick leave.

"The principal thought the word 'lesbo' was offensive," he said. "If it were 'lesbian', that would be fine."

But Gewanter said this incident shows that the censorship issues are not settled.

"The district says it has been addressed," Gewanter said. "We don't share that confidence."

Young said that the courts have ruled that administrators can only censor something that is vulgar, promotes drug or alcohol use, causes a disruption or "is insulting or degrading to a protected class."

For example, a "gay bashing" shirt or a shirt against African-Americans would not be tolerated, he said. Young said that some shirts with anti-gay messages, such as a shirt that read "gay? not fine by me," still would be constitutionally protected.

Tuesday's school board meeting gave Gewanter a chance to air her concerns and ask for the board members to publicly state they would address the issue with students, she said.

"The school board decided they would not comply with our strong request for the school to send a message to the students that they have the First Amendment rights to display messages on their T-shirt and that lesbian and gay messages were okay," she said.

School Board President James Loomis said there will be further administrative action on some of the NYCLU recommendations, but board action was not deemed necessary.

Clemens said the school is working to create a First Amendment and sensitivity training session for the students. He was not at the board meeting and could not comment about the school board's actions.

But Farnham's mother, Brynda Beeman, said she feels the school board doesn't seem to understand that the school violated the First Amendment. She is concerned about their lack of comment directly to the students.

Beeman said she is also upset that the school is saying different things to the media and public than what they are telling her.

When Beeman called the principal the day her daughter was sent home, she said the principal told her the problem with the shirt was that it was "advertising sexual preference."

Young said the school board will review its policies regarding student expression to make sure they are clearly written. He said the board wanted to ensure that an administrator reading the policy would not make another mistake and incorrectly interpret the law.

Farnham said she is seeking an apology.

Young said the student will be told she had the right to wear the shirt, although he was not sure when or where this would take place or if the principal would apologize.

"I don't deal with apologies, I deal with the law," he said.

Gewanter said she will discuss the matter with other NYCLU attorneys and consider different options. She said she discussed the possibility of taking legal action with the student and her mother, but she preferred to reach an agreement without litigation.

Beeman said her daughter, who is not gay, might not be able to stay at Spencer because of the hostility she has received from individuals who disagree with the "gay? fine by me" message.

She said her main concern is that the administration will not discuss the issue with the student body, although school officials indicated to the Student Press Law Center that they were looking into this.

"The faculty did not experience a chill, the administration did not experience a chill, it's the students," she said. "What they are insisting on is silence vis a vis the student, and you can't cure censorship with silence."