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Home » 1000 Series: School and Community Relations » 1001 - Public Communications » 1001.4 - Distribution of Materials

1001.4-R - Regulations Regarding Distribution of Materials

SECTION I GUIDELINES
Individuals, including students, may have the right to distribute on school premises, at reasonable times and places, unofficial materials or petitions which align with the educational goals and strategic plan of the district except materials and expressions which:

  1. Are obscene
  2. Are libelous and slanderous
  3. Contain indecent, vulgar, profane, or lewd language
  4. Advertise any products/services not permitted to minors by law
  5. Constitute 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, religion, gender, disability, age, or ethnic origin)
  6. Present a clear and present likelihood that either because of the content or the manner of distribution will cause a material and substantial disruption of the proper and orderly operation and discipline of the school or school activities, and/or will cause the commission of unlawful acts or the violation of lawful school regulations
  7. Promote private businesses without educational relevance
  8. Advance political candidates running for elected national, state, county, or local offices or campaign materials

SECTION II PROCEDURES
Anyone wishing to distribute unofficial materials must first submit a copy of the materials for approval to the superintendent [or designee] at least seven working days in advance of desired distribution together with the following information:

  1. Name and phone number of the person submitting the request;
  2. Dates and times of day of intended display or distribution;
  3. Location where materials will be displayed or distributed; and
  4. Grades of students to whom the display or distribution is intended.

Within five working days of submission, the superintendent [or designee] will render a decision whether the materials violate the guidelines in Section I of this policy or the time, place, and manner restrictions in Section III. In the event that permission to distribute the materials is denied, the person submitting the request will be informed of the reason for the denial.

Permission to distribute materials does not imply agreement with the contents by the district, administration, board, or the individual reviewing the materials submitted.

At every level of the process, the person submitting the request has the right to appeal and present the reasons, supported by relevant witnesses and materials, as to why distribution of the materials is appropriate.

SECTION III TIME, PLACE, AND MANNER OF DISTRIBUTION
The distribution of materials is prohibited when it blocks the safe flow of traffic within corridors and entrances of schools, or otherwise disrupts school activities. The distribution of unofficial materials is limited to a reasonable time, place, and manner as follows:

  1. The materials will be distributed in a centralized location designated by the building administrator; which location will not block the safe flow of traffic, corridors, or entrance ways; but gives reasonable access to students.
  2. The distribution of materials will not interrupt the regular, instructional day.
  3. No materials may 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.

SECTION IV DEFINITIONS
These definitions apply to various terms used in this policy:

  1. Obscene is defined as:
    1. The average person, applying contemporary community standards, would find the materials, taken as a whole, appeals to the prurient interest of students to whom distribution is requested.
    2. The materials depict or describe conduct, illustrations, sounds, lyrics, actions, pictures, or other modes such as digital or electronic that are patently offensive to prevailing standards in the community.
    3. The materials, taken as a whole, lack serious literary, artistic, political, or scientific value for minors.
  2. Minor means any person under the age of 18.
  3. Material and substantial disruption of a normal school activity is defined as:
    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 the program.
    2. 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 seizure of property, widespread shouting or boisterous demonstrations, or other similar activities.
    3. In order for expression to be considered disruptive, there must exist specific facts upon which the likelihood of disruption can be forecasted including past experiences in school, current events influencing student activities and behavior, and instances of actual or threatened disruption relating to the materials in question.
  4. School activities means any student activities sponsored by the district that includes, by way of example but is 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.
  5. Unofficial written materials includes all written materials except school newspapers, literary magazines, yearbooks, and other publications funded, sponsored, or authorized by the district. Examples include, but are not limited to, leaflets, brochures, flyers, petitions, placards, and underground newspapers whether written by students or others.
  6. Libelous is a false and unprivileged statement about a specific individual that tends to harm the individual’s reputation or to lower them in the esteem of the community.
  7. Distribution means circulation or dissemination of materials by means of handing out free copies, selling or offering copies for sale, and accepting donations for copies. Distribution includes displaying materials in areas of the district which are generally frequented by students.

SECTION V DISCIPLINARY ACTION
Distribution by any student of unofficial materials prohibited in Section I or in violation of Section III of this policy may be halted and students may be subject to discipline including suspension and expulsion. Employees may also be subject to discipline for distributing unapproved materials. Any other party violating this policy may be requested to leave district property immediately and, if necessary, local law enforcement officials will be contacted.

SECTION VI NOTICE OF POLICY
A copy of this policy will be published in student handbooks, posted conspicuously in school buildings, and noted on publications as appropriate.

Adopted: 9/98
Reviewed: 3/13; 6/15; 7/19
Revised: 1/13; 4/14; 7/22
Related Policy: 1001.4
Legal Reference (Code of Iowa): §§ 279.8; 280.22; US Const. Amend I
IASB Reference: 903.05-(R1)