Policy 109

  •  DISTRIBUTION OF NONSCHOOL-SPONSORED
    MATERIALS ON SCHOOL PREMISES BY STUDENTS AND EMPLOYEES

     

     

    1. PURPOSE

     

    The purpose of this policy is to protect the exercise of students' and employees' free speech rights, taking into consideration the educational objectives and responsibilities of the school district.

     

    1. GENERAL STATEMENT OF POLICY

     

    1. The school district recognizes that students and employees have the right to express themselves on school property. This protection includes the right to distribute, at a reasonable time and place and in a reasonable manner, nonschool-sponsored material.

     

    1. To protect First Amendment rights, while at the same time preserving the integrity of the educational objectives and responsibilities of the school district, the school board adopts the following policy regarding distribution of nonschool-sponsored material on school property and at school activities.

     

    III.        DEFINITIONS

     

    1. "Distribution" means circulation or dissemination of material by means of handing out free copies, selling or offering copies for sale, accepting donations for copies, posting or displaying material, or by electronic communication.

     

    1. "Nonschool-sponsored material" or "unofficial material" includes all materials or objects intended for distribution; except school newspapers; employee newsletters; informational communications among employees; literary magazines; yearbooks; organizations advertising programs, activities, products or services as permitted by Board Policy 563 - Advertising in the Schools; and other publications funded and/or sponsored or authorized by the school. Examples of nonschool-sponsored materials include but are not limited to leaflets, brochures, buttons, badges, flyers, petitions, posters, and underground newspapers whether written by students or employees or others, and tangible objects.

     

    1. "Obscene to minors" means:

     

    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;

     

    1. 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

     

    1. The material, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

     

    1. "Minor" means any person under the age of eighteen (18).

     

    1. "Material and substantial disruption" of a normal school activity means:

     

    1. Where the normal school activity is an educational program of the 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.

     

    1. Where the normal school activity is voluntary in nature (including, without limitation, 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, walk-out, or other related forms of activity.

     

               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.

     

    1. "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, and in-school lunch periods.

     

    1. "Libelous" is a false and unprivileged statement about a specific individual that tends to harm the individual's reputation or to lower that individual in the esteem of the community.

     

    1. EXPECTATIONS AND REQUIREMENTS

     

    1. Students and employees of the school district have the right to distribute, at reasonable times and places as set forth in this policy, and in a reasonable manner, nonschool-sponsored material.

     

    1. Requests for distribution of nonschool-sponsored material will be reviewed by the administration on a case-by-case basis. However, distribution of the materials listed below is always prohibited. Material is prohibited that:

     

    1. is obscene to minors;

     

    1. is libelous or slanderous;

     

    1. 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.

     

    1. advertises or promotes any product or service not permitted to minors by law;

     

    1. advocates violence or other illegal conduct;

     

    1. 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);

     

    1. 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.

     

     

    1. PROCESSING REQUESTS

     

    Any student or, employee wishing to distribute non-school sponsored material must first seek permission in advance from the building administrator, in accordance with procedures outlined in Administrative Guidelines 109.1. 

     

     

    1. TIME, PLACE, AND MANNER OF DISTRIBUTION

     

    1. No nonschool-sponsored material shall be distributed during and at the place of a normal school activity if it is reasonably likely to cause a material and substantial disruption of that activity.

     

    1. Distribution of nonschool-sponsored material is prohibited when it blocks the safe flow of traffic within corridors and entrance ways of the school, and school parking lots. Distribution shall not impede entrance to or exit from school premises in any way.

     

    1. No one shall coerce a student or staff member to accept any publication.

     

    1. Non-curricular materials shall not be distributed to students on school premises, except in accordance with procedures established by the administration and outlined in Administrative Guidelines 109.1.

     

     

    VII.      DISCIPLINARY ACTION

     

    1. Distribution by any student of nonschool-sponsored material prohibited herein or in violation of the provisions of time, place and manner of distribution as described above will be halted and disciplinary action will be taken in accordance with the Board Policy 541, Student Behavior.

     

    1. Distribution by any employee of nonschool-sponsored material prohibited herein or in violation of the provisions of time, place and manner of distribution as described above will be halted and appropriate disciplinary action will be taken, in accordance with the appropriate individual contract, collective bargaining agreement, school board policies and procedures, and/or governing statute.

     

    1. Any other party violating this policy will be requested to leave the school property immediately and, if necessary, the police will be called.

     

     

    VIII.     NOTICE OF POLICY TO STUDENTS AND EMPLOYEES

     

    A copy of this policy will be posted on the website and available for review in each school office.   A summary of the policy will be published in student handbooks and posted in school buildings.

     

    Legal References:   U.S. Constitution, First Amendment.

    Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988).

    Bethel Sch. Dist. No. 403 v. Fraser, 478 U.S. 675, 106 S.Ct.            3159, 92 L.Ed.2d 549 (1986).

    Tinker V. Des Moines Indep. Sch. Dist., 393 U.S. 503, 89 S.Ct.       733, 21 L.Ed.2d 731 (1969)

                                          Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987

                                          Roark v. South Iron R-1 School Dist., 573 F.3d 556 (8th Cir. 2009)

                                          Minn. Stat. §609.605, subd. 4 - Trespasses on school property

     

     

    Cross References:  Board Policy 541 - Student Behavior

                                          Board Policy 563 - Advertising in the Schools

                                          Board Policy 613 - Religion in the Schools

                                          Board Policy 801 - Student Use of Secondary School Facilities

    Board Policy 953 - Visitors to School District Buildings and Sites

     

     

    ADOPTED BY THE BOARD OF EDUCATION:       March 20, 2000

     

    REAFFIRMED BY THE BOARD OF EDUCATION: October 23, 2006

     

    REVISED BY THE BOARD OF EDUCATION:         December 20, 2004, November 6, 2006, December 5, 2011, April 3, 2017

     

Policy 109.1

  • RICHFIELD PUBLIC SCHOOLS

     

    ADMINISTRATIVE GUIDELINES
     

    DISTRIBUTION OF NON-SCHOOL SPONSORED MATERIALS BY
    STUDENTS AND EMPLOYEES
     

     

    I.             PURPOSE
     

    The purpose of these administrative guidelines is to outline procedures for implementing Board Policy 109, Distribution of Non-School Sponsored Materials.

     

    II.            PROCEDURES FOR PROCESSING REQUESTS TO DISTRIBUTE NON-SCHOOL SPONSORED MATERIALS

     

    A.        Any student or employee wishing to distribute non-school sponsored material must first submit for approval a copy of the material to the building administrator at least 24 hours in advance of desired distribution time, together with the following information:

     

    1.         Name and phone number of the person submitting the request and, if a student, the room number of his or her first-period class.

    2.         Date(s) and time(s) of day intended display or distribution.

    3.         Location where material will be displayed or distributed;

    4.         If intended for students, the grade(s) of students to whom the display or distribution is intended.

     

                A request form is attached as Appendix A.

     

    B.        Within one school day, the building administrator will review the request and render a decision. In the event that permission to distribute the material is denied or limited, the person submitting the request should be informed in writing of the reasons for the denial or limitation.

     

    C.        If the person submitting the request does not receive a response within one school day, the person shall contact the office to verify that the lack of response was not due to an inability to locate the person.

     

    D.        If the person is dissatisfied with the decision of the building administrator, the person may submit a written request for appeal to the superintendent. If the person does not receive a response within three (3) school days (not counting Saturdays, Sundays and holidays) of submitting the appeal, the person shall contact the office of the superintendent to verify that the lack of response is not due to an inability to locate the person.

     

    E.        Permission or denial of permission to distribute material does not imply approval or disapproval of its contents by either the school, the administration of the school, the school board, or the individual reviewing the material submitted.

     

     

    III.          PROCEDURES GOVERNING THE TIME, PLACE, AND MANNER OF DISTRIBUTION
     

    Non-curricular materials shall be not be distributed to students on school premises except in accordance with the following procedures:

     

    A.           Such materials shall be placed on a table set up for that purpose, where the materials may be picked up by students choosing to do so.  Such table shall be located in a location designated by the school principal.

     

    B.           Such materials shall not be handed to students or distributed at any other locations in the school building or on school premises.

     

    C.           During the times that such material is available at such table there shall be a student present who is responsible for the contents of the material and for the distribution of such material.  Such student shall remove any remaining copies from the building at the conclusion of the time during which distribution is permitted.

     

    D.           Such material shall contain the names of the person or persons responsible for its preparation.

     

    E.           The distribution of such materials is permitted at the following times:

     

    1.            During school lunch period

    2.            Prior to the start of the first morning class

     

    F.            A copy of any such material and the name or names of the student or students who are responsible for its distribution shall be filed with the school principal before distribution is started.  This requirement, however, shall not give the principal any right of prior censorship.

     

    G.           The building administrator may confiscate materials distributed or being distributed in violation of this policy.

     

    H.           Apart from the foregoing, students are urged to avoid the use of materials designed to provoke such reactions as anger, fear, resentment, embarrassment and shock.  Students are requested to extend courtesy and consideration to their fellow students and to all members of the school community.

     

    IV.       POSTED NOTICE

     

    A sample notice is attached as Appendix B, for inclusion in student handbooks and for posting in buildings.

     

    Dated:            March 20, 2000

    Reviewed:     October 23, 2006, December 5, 2011

    Revised:        December 20, 2004, November 6, 2006, April 3, 2017

     


    APPENDIX A
     
    DISTRIBUTION OF NON-SCHOOL MATERIALS REQUEST FORM
     
    Any student or employee wishing to distribute non-school sponsored material must first submit for approval a copy of the material to the building administrator at least 24 hours in advance of desired distribution time, together with the following information:

     

    Date of Request:  ___________________________________________________

     

    Person submitting the request:  ________________________________________

     

    If a student:

    Home telephone       ____________________  First period classroom: ___________

     

    If an employee:  Work extension __________________________________

     

    Date(s) for intended display or distribution:  ______________________________

     

    Time(s) for intended display or distribution:

    ____ During school lunch period     ____  Prior to the start of the first morning class

     

    If intended for students:

    Grade(s) of students for whom the display or distribution is intended:  __________

     

    Name of student(s) responsible for preparation of the materials:

     

     

    Name of student(s) responsible for distribution of the materials:

     

     

     

    REVIEW BY BUILDING ADMINISTRATOR:

     

    ______         Request approved as submitted         

     

    _____           Request approved with the following changes / conditions:

     

    _____           Request denied for the following reason(s):

     

     

    If approved, distribution of materials to students must be in accordance with the procedures listed on the reverse side of this form.  If denied, an appeal may be made in writing to the Superintendent.  Permission or denial of permission to distribute material does not imply approval or disapproval of its contents by either the school, the administration of the school, the school board, or the individual reviewing the material submitted.

            

     

    Signature of Building Administrator _____________________________________

     

    Date:  _____________________

    PROCEDURES GOVERNING THE
    TIME, PLACE, AND MANNER OF DISTRIBUTION
     

    Non-curricular materials approved for distribution to students on school premises must be distributed in accordance with the following procedures:

     

    A.   Such materials shall be placed on a table set up for that purpose, where the materials may be picked up by students choosing to do so.  Such table shall be located in a location designated by the building administrator.

     

    B.   Such materials shall not be handed to students or distributed at any other locations in the school building or on school premises.

     

    C.   During the times that such material is available at such table there shall be a student present who is responsible for the contents of the material and for the distribution of such material.  Such student shall remove any remaining copies from the building at the conclusion of the time during which distribution is permitted.

     

    D.   Such material shall contain the names of the person or persons responsible for its preparation.

     

    E.   The distribution of such materials is permitted at the following times:

     

    1.    During school lunch period

    2.    Prior to the start of the first morning class

     

    F.    A copy of any such material and the name or names of the student or students who are responsible for its distribution shall be filed with the building administrator before distribution is started.  This requirement, however, shall not give the building administrator any right of prior censorship.

     

    G.   The building administrator may confiscate materials distributed or being distributed in violation of this policy.

     

    H.   Apart from the foregoing, students are urged to avoid the use of materials designed to provoke such reactions as anger, fear, resentment, embarrassment and shock.  Students are requested to extend courtesy and consideration to their fellow students and to all members of the school community.

     

     
    APPENDIX B
     
    SAMPLE NOTICE
     

     
    DISTRIBUTION OF NON-SCHOOL SPONSORED MATERIALS
    BY STUDENTS AND EMPLOYEES
     

    In accordance with the First Amendment to the Constitution, students and employees have the right to express themselves on school property. This protection includes the right to distribute, at a reasonable time and place and in a reasonable manner, non-school sponsored material.

     

    Requests for distribution of non-school sponsored materials must be submitted at least 24 hours in advance to the building administrator.  A request form is available in the building office.  The building administrator will evaluate each request on a case-by-case basis.  If approved, the building administrator will determine the time, place, and manner of distribution.  If the request is denied, it may be appealed in writing to the Superintendent.

     

    For more information, see School Board Policy 109 and Administrative Guidelines 109.1.  These documents are posted on the school district website at www.richfieldschools.org.  A hard copy version is contained in policy books located at the Superintendent’s Office.