Policy 2.131

Student Distribution/Posting of Literature and Materials

It is the intent of this policy to recognize the free speech rights of students in public schools. Students have the right to express their opinion and points of view subject to reasonable time, place, and manner limitations consistent with law. Students shall obtain prior approval from the principal in writing in order to distribute and/or post materials. Only those students enrolled at a specific school site shall be permitted to distribute and/or post materials under this Policy at that school site.

1. STUDENT DISTRIBUTION OF MATERIALS

1. Students seeking to distribute non-school materials to the student body shall provide a copy of the material to the principal, or the administrator in charge if the principal is unavailable for review. The principal or administrator in charge will authorize the distribution within forty-eight (48) hours of receipt unless the principal determines that the material:

1. Is lewd, obscene or pornographic;

2. Can be reasonably forecast to cause or create a substantial disruption or material interference in the operation of the school;

3. Contains statements which may be libelous or slanderous;

4. Contains statements which invade personal rights of privacy;

5. Infringes on the rights of other students;

6. Advocates violence or illegal activity; and/or

7. Advertises a product or services not permitted for use by minors under the law.

Nothing in this provision shall be interpreted to prohibit the distribution of religious or political literature, provided such material does not otherwise violate the guidelines stated above.

2. If the material is approved, the student will be allowed to distribute such material before and after school and during non-instructional time. Distribution locations on campus shall be designated by the principal and may include, among others, any entrance and exit to the school and places near the cafeteria.

3. Distribution shall be conducted in an orderly manner and shall not disrupt the ordinary operation of the school or interfere with free expression by other students. Students shall not distribute materials in a manner which disrupts any school activity or blocks or impedes the safe flow of traffic within corridors and entrance ways of the school. Students who distribute such material shall be responsible for cleaning up the materials thrown on the floors, in the school, or on the grounds outside the school.

4. All students have the right, notwithstanding the provisions of this policy, to refuse to receive or accept materials being distributed, and no student has the right to force materials on any other student.

5. As used in this policy, the terms "lewd, obscene or pornographic" include materials which are patently offensive because they are an affront to contemporary community standards relating to the description or representation of sexual matters.

6. As used in this policy the term "not disrupt the ordinary operation of the school" includes, but is not limited to, forcing other students to listen or accept material by shouting or preventing passage, and engaging in speech activities during instructional time which are not consistent with the subject matter being taught.

7. As used in this policy, the terms "libelous or slanderous" are collectively referred to as "defamation." Slander refers to the spoken word and libel refers to a statement recorded in writing. Defamatory language is language which tends to adversely affect one's reputation. This may result from attacking including but not limited to the individual's honesty, integrity, virtue, virginity, sanity. Defamatory language may be directed toward an individual or toward a group that is so small that it is clear to the listener or reader as to those individuals being defamed.

8. As used in this policy the term "invade personal rights of privacy" includes the disclosure or communication of any information regarding the private life of another student or individual including, among other things, any information from confidential student records, information regarding sensitive family or personal matters and other such personally identifiable information that is not considered to be in the public domain.

9. As used in this policy the term "infringes on the rights of other students" means defamatory expressions against another individual or toward a group that is so small that it is clear to the listener or reader as to those individuals being defamed.

10. As used in this policy the term "non-instructional time" means before or after school hours, during lunch or recess times or, if so designated by the principal, "non-instructional time" may also include the time between classes..

11. Any concern about decisions regarding distribution or lack thereof may be promptly appealed to the Superintendent whose decision shall be final.

2. STUDENT POSTING OF MATERIALS

1. Materials originating from non-district sources for posting shall not be displayed without the authorization of the principal or designee, in accordance with the standards of this policy. The principal shall designate an area in the school for the posting of materials by students which shall be reasonably accessible to the students. All materials for posting shall contain the following disclaimer which states: "STUDENT SPONSORED MATERIAL — THIS MATERIAL IS NEITHER ENDORSED OR SPONSORED BY THE SCHOOL." In order to provide adequate space and a fair opportunity for the posting of materials by students those materials authorized for posting shall remain posted for a period not to exceed fifteen (15) school days or through the date of any event that is advertised by the posted material.

2. Any concern about decisions regarding posting of materials or lack thereof may be promptly appealed to the Superintendent whose decision shall be final.