BUILDING AND SITES
Series 900
Policy Title: Distribution of Materials Code No. 903.5
The Board recognizes that students, employees, parents, or citizens may want to distribute materials within the School District that are non-curricular. Non-curricular materials to be distributed must be approved by the building principal and meet certain standards prior to their distribution. Materials approved for distribution by the building principal may be electronically available on the district website or app.
It is the responsibility of the Superintendent, in conjunction with the building principal, to draft administrative regulations regarding this policy.
Approved: October 14, 2003
Reviewed: September 13, 2016
Revised: March 8, 2022
Legal Reference: U.S. Const. amend. I.; Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988); Bethel School District v. Fraser, 478 U.S. 675 (1986): New Jersey v. T.L.O., 469 U.S. 325 (1985); Tinker v. Des Moines Ind. Comm. Sch. Dist., 393 U.S. 503 (1969); Bystrom v. Fridley High School, 822 F.2d 747 (ith Cir. 1987); Iowa Code §§ 279.8; 280.22 (2013)
Cross Reference: 502.3 Freedom of Expression; 503.1 Student Conduct; 504 Student Activities; 603.9 Academic Freedom
BUILDING AND SITES
Series 900
Administrative Regulation: Distribution of Materials Code No. 903.5R1
Individuals, including students, may have the right to distribute on school premises, at reasonable times and places, unofficial written material, petitions, buttons, badges or other insignia, except expression which:
Anyone wishing to distribute unofficial written material must first submit for approval a copy of the material to the elementary principal designee or secondary principals at least twenty-four hours in advance of desired distribution time, together with the following information:
Within twenty-four hours of submission, the principal will render a decision whether the material violates the guidelines in subsection I or the time, place and manner restrictions in subsection III of this policy. In the event that permission to distribute the material is denied, the person submitting the request should be informed in writing of the reasons for the denial. Permission to distribute material does not imply approval of its contents by either the school, the administration, the Board or the individual reviewing the material submitted.
If the person submitting the request does not receive a response within twenty-four hours of submission, the person will contact the building principal’s office to verify that the lack of response was not due to an inability to locate the person.
If the person has made this verification and there is no response to the request, the material may be distributed in accordance with the time, place and manner provisions in subsection III.
If the person is dissatisfied with the decision of the principal, the person may submit a written request for appeal to the superintendent. If the person does not receive a response within three school days of submitting the appeal, the person will contact the superintendent to verify that the lack of response is not due to an inability to locate the person. If the person has made this verification and there is no response to the appeal, the material may be distributed in accordance with the time, place and manner provisions in subsection III.
At every level of the process the person submitting the request will have the right to appear and present the reasons, supporting by relevant witnesses and material, as to why distribution of the written material is appropriate.
Permission to distribute material does not imply approval of its contents by either the school district, the Board, the administration or the individual reviewing the material submitted.
The distribution of written material is prohibited when it blocks the safe flow of traffic within corridors and entrance ways of the school or otherwise disrupts school activities. The distribution of unofficial material is limited to a reasonable time, place and manner as follows:
The following definitions apply to the following terms used in this policy:
In order for expression to be considered disruptive, there must exist specific facts upon which the likelihood of disruption can be forecasted 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.
Distribution by any student of unofficial written material prohibited in subsection I or in violation of subsection III may be halted, and students may be subject to discipline including suspension and expulsion. Any other party violating this policy may be requested to leave the school properly immediately and, if necessary, local law enforcement officials will be called.
A copy of this policy will be published in student handbooks and posted conspicuously in school buildings.
Approved: October 14, 2003
Reviewed: March 8, 2022