Policy 904 - Distribution of Materials on School District Property by Non School Persons
The purpose of this policy is to provide for distribution of materials appropriate to the school setting by non staff and non students on school district property in a reasonable time, place, and manner which does not disrupt the educational program nor interfere with the educational objectives of the school district.
II. GENERAL STATEMENT OF POLICY
365体育官网A. The school district intends to provide a method for non school persons and organizations to distribute materials appropriate to the school setting, within the limitations and provisions of this policy.
365体育官网B. To provide for orderly and non-disruptive distribution of materials, the school board adopts the following regulations and procedures.
365体育官网C. Friday folders may only be used for communications generated of materials, the school, a school sponsored event or activity, or an activity feeder program.
365体育官网A. “Distribution” means circulation or dissemination of materials by means of handing out free copies, selling or offering copies for sale, accepting donations for copies, posting or displaying materials, or placing materials in internal staff or student mailboxes.
B. “Materials” includes all materials and objects intended by non school persons or non school organizations for distribution. Examples of non school sponsored materials include but are not limited to leaflets, brochures, buttons, badges, flyers, petitions, posters, underground newspapers whether written by students, employees or others, and tangible objects.
C. “Non school person” means any person who is not currently enrolled as a student in or employed by the school district.
365体育官网D. “Obscene to minors” means:
365体育官网1. The average person, applying contemporary community standards, would find that the material, taken as a whole, appeals to the prurient interest of minors of the age to whom distribution is requested;
365体育官网2. The material depicts or describes, in a manner that is patently offensive to prevailing standards in the adult community concerning how such conduct should be presented to minors of the age to whom distribution is requested, sexual conduct such as intimate sexual acts (normal or perverted), masturbation, excretory functions, and lewd exhibition of the genitals; and
3. The material, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
E. “Minor” means any person under the age of eighteen (18).
F. “Material and substantial disruption” of a normal school activity means:
1. Where the normal school activity is an educational program of the school district for which student attendance is compulsory, “material and substantial disruption” is defined as any disruption which interferes with or impedes the implementation of that program.
365体育官网2. Where the normal school activity is voluntary in nature (including school athletic events, school plays and concerts, and lunch periods) “material and substantial disruption” is defined as student rioting, unlawful seizures of property, conduct inappropriate to the event, participation in a school boycott, demonstration, sit-in, stand-in, walkout, or other related forms of activity.
365体育官网In order for expression to be considered disruptive, there must exist specific facts upon which the likelihood of disruption can be forecast, including past experience in the school, current events influencing student activities and behavior, and instances of actual or threatened disruption relating to the written material in question.
365体育官网G. “School activities” means any activity sponsored by the school, including but not limited to, classroom work, library activities, physical education classes, official assemblies and other similar gatherings, school athletic contests, band concerts, school plays, other theatrical productions, and in school lunch periods.
H. “Libelous” is a false and unprivileged statement about a specific individual that tends to harm the individual’s reputation or to lower him or her in the esteem of the community.
365体育官网A. Non school persons and organizations may, within the provisions of this policy, be granted permission to distribute, at reasonable times and places as set forth in this policy, and in a reasonable manner, materials and objects which are appropriate to the school setting.
365体育官网B. Requests for distribution of materials will be reviewed by the Superintendent on a case by case basis. However, distribution of the following materials is always prohibited. Material is prohibited that:
365体育官网1. is obscene to minors;
2. is libelous;
3. is pervasively indecent or vulgar or contains any indecent or vulgar language or representations, with a determination made as to the appropriateness of the material for the age level of students to which it is intended;
4. advertises any product or service not permitted to minors by law;
5. advocates violence or other illegal conduct;
6. constitutes insulting or fighting words, the very expression of which injures or harasses other people (e.g., threats of violence, defamation of character or of a person’s race, religious or ethnic origin);
7. presents a clear and present likelihood that, either because of its content or the manner of distribution, it will cause a material and substantial disruption of the proper and orderly operation and discipline of the school or school activities, will cause the commission of unlawful acts or the violation of lawful school regulations.
365体育官网C. Permission for non school persons to distribute materials on school district property is a privilege and not a right. In making decisions regarding permission for such distribution, the Superintendent will consider factors including, but not limited to the following:
365体育官网1. whether the material is educationally related;
2. the extent to which distribution is likely to cause disruption of or interference with the school district’s educational objectives, discipline or school activities;
365体育官网3. whether the materials can be distributed from the office or other isolated location so as to minimize disruption of traffic flow in hallways;
365体育官网4. the quantity or size of materials to be distributed;
5. whether distribution would require assignment of school district staff, use of school district equipment or other resources;
6. whether distribution would require that non school persons be present on the school grounds;
7. whether the materials are a solicitation for goods or services not requested by the recipients.
365体育官网8. is in direct violation with state & federal statute.
365体育官网D. No political campaigning by individuals will be permitted on school property.
V. TIME, PLACE, AND MANNER OF DISTRIBUTION
365体育官网If permission is granted pursuant to this policy for the distribution of any materials, the time, place and manner of distribution will be solely within the discretion of the Superintendent, consistent with the provisions of this policy.
If permission is granted pursuant to this policy for the distribution of any materials, the time, place and manner of distribution will be solely within the discretion of the Superintendent, consistent with the provisions of this policy.
VII. VIOLATION OF POLICY
Any party violating this policy or distributing materials without permission will be directed to leave the school property immediately and, if necessary, the police will be called.
365体育官网The school district administration may develop any additional guidelines and procedures necessary to implement this policy for submission to the school board for approval. Upon approval by the school board, such guidelines and procedures shall be an addendum to this policy.
- U. S. Const., amend. I
- Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988)
- Doe v. South Iron R-1 School District, 498 F.3d 878 (8th Cir. 2007)
- Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987)
- Cornelius v. NAACP Legal Defense and Educational Fund, Inc., 473 U.S. 788, 105 S.Ct. 3439, 87 L.Ed.2d 567 (1985)
- Perry Education Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 103 S.Ct. 948, 74 L.Ed.2d 794 (1983)
- Roark v. South Iron R-1 School Dist., 573 F.3d 556 (8th Cir. 2009)
- Victory Through Jesus Sports Ministry Foundation v. Lee’s Summit R-7 School Dist., 640 F.3d 329 (8th Cir. 2011), cert. denied ___U.S. ___, 132 S.Ct. 592 (2011)
- Princeton Public School Policy 512 (School Sponsored Student Publications)
- MSBA/MASA Model Policy 505 (Distribution of Nonschool-Sponsored Materials on School Premises by Students and Employees)
Adopted: January 10, 2006
Revised: October 27, 2009
Revised: April 5, 2012
Revised: March 17, 2015
Reviewed: May 17, 2016
Reviewed: August 16, 2016
Revised: May 1, 2018
Revised: March 19, 2019