1001.4-R - Distribution of Materials Regulation

I. CRITERIA FOR DISTRIBUTION
This policy helps ensure consistency in how unofficial materials are distributed across the district. This policy applies to unofficial written materials including but not limited to flyers, promotional information, or petitions. It also applies to the distribution of other items such as books, buttons, badges, or other insignia.

These materials may not include expression which:

  1. Is obscene to minors;
  2. Is libelous;
  3. Contains indecent, vulgar, profane, or lewd language;
  4. Advertises any product or service not permitted to minors by law;
  5. 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, religion, gender, disability, age, or ethnic origin);
  6. 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;
  7. Promote private businesses without educational relevance; or
  8. Advance political candidates running for elected national, state, county, or local offices or campaign materials.

Unofficial written materials or printed physical materials distributed through the district are for informational purposes only. Distribution of materials by outside parties or groups does not constitute or imply approval of the content by the district, administration, board, or the individual reviewing the material submitted for distribution.

II. DISTRIBUTION OPTIONS
All unofficial written materials should be distributed electronically through the district’s online Virtual Backpack. This includes flyers, handouts, brochures, and other informal documents.

The distribution of physical materials is discouraged, with exceptions considered on a case-by-case basis. If materials cannot be distributed electronically due to format, content, or technical limitations, it may be submitted for exception approval as outlined below.

III. ELECTRONIC DISTRIBUTION PROCEDURES

  1. Unofficial written materials will be distributed electronically to students and the school district community through the online Virtual Backpack, which is the district’s digital/online platform and is located on the district’s website;
  2. All unofficial written materials being distributed must be appropriate for students and activities should relate to an educational function, event, or purpose, or relate to an agency that offers widely appealing recreational program options for students;
  3. Non-school sponsored information will only be distributed from 501(c)(3) non-profit organizations;
  4. Suitability and approval are at the discretion of the district; and
  5. The following language will be posted on the Virtual Backpack where submissions of unofficial written materials are distributed: “This is not a Linn-Mar Community School District publication and is being distributed through the district as a community service to share information on additional community activities or available services”.

IV. EXCEPTION PROCESS FOR DISTRIBUTION OF PHYSICAL MATERIALS

  1. Anyone wishing to distribute unofficial physical materials should request an exception to the district’s preferred process by submitting a copy of the materials to the superintendent [or designee] for approval. Exceptions should be requested at least ten working days in advance of desired distribution together with the following information:
  1. Name, email, and phone number of the person submitting the request;
  2. Name of sponsoring organization and their non-profit 501(c)(3) tax id number;
  3. Dates of intended display or distribution;
  4. The grades of students to whom the display or distribution is intended.
  1. Within five working days of submission, the superintendent [or designee] will render a decision whether the unofficial physical material violates the criteria for distribution in Subsection I. Suitability and approval are at the discretion of the superintendent [or designee].
     
  2. In the event that permission to distribute the unofficial physical material is denied, the person submitting the request should be informed of the reasons for the denial. At every level of the process, the person submitting the request will have the right to appear and present the reasons, supported by relevant witnesses and material, as to why distribution of the unofficial physical material is appropriate.
     
  3. The unofficial physical materials submitted for distribution must include the following statement printed in a font at least as large as the majority of the other text in the materials, separate from the other text, and located in a conspicuous location: “This is not a Linn-Mar Community School District publication and is being distributed through the district as a community service to share information on additional community activities or available services”.
     
  4. It is the requesting organization’s responsibility to provide paper or physical copies of the unofficial printed or physical materials to be distributed. It is not possible for the district or individual school buildings to make additional copies or to distribute the information to individual classrooms/students.

V. DEFINITIONS
The following definitions apply to terms used in this policy:

  1. Obscene to minors is defined as:
    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;
    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.
       
  2. Minor means any person under the age of 18.
     
  3. Material and substantial disruption of a normal school activity is defined as follows:
    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 related forms of activity where such disruptive activity significantly interferes with or impedes the conduct of that school activity; and
    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 experience in the school, current events influencing student activities and behavior, and instances of actual or threatened disruption relating to the material in question.
       
  4. School activities means any activity of students sponsored by the school or district and includes, by way of example 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.
     
  5. Unofficial written material includes all written material except school or district newspapers, literary magazines, yearbooks, and other publications funded and/or sponsored or authorized by the school or district. Examples include 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 him/her in the esteem of the community.
     
  7. Distribution means circulation or dissemination of written material by means of electronic distribution, handing out free copies, selling or offering copies for sale, and accepting donations for copies. It includes displaying materials in areas of the school or district which are generally frequented by students.

V. DISCIPLINARY ACTION
Distribution by any student of unofficial written material prohibited in Subsection I 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 the school or district property immediately and, if necessary, local law enforcement officials will be called.

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

Adopted: 9/98
Reviewed: 3/13; 6/15; 7/19
Revised: 1/13; 4/14; 7/22; 10/25
Related Policy: 1001.4
Legal Reference (Code of Iowa): § 280.22
IASB Reference: 903.05-R(1)