1001.4-R - Distribution of Materials Regulations

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. 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 the 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.

II. PROCEDURES
Anyone wishing to distribute unofficial materials must first submit for approval a copy of the materials 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 request;
2. Date(s) and time(s) of day of intended display or distribution;
3. Location where materials will be displayed or distributed; and
4. The grade(s) 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 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 will be informed of the reasons for the denial. Permission to distribute material does not imply agreement with the contents by the district, administration, board, or the individual reviewing the material 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 material, as to why distribution of the material is appropriate.

III. TIME, PLACE, AND MANNER OF DISTRIBUTION
The distribution of 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:

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

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

1. Obscene 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 students to whom distribution is requested;
   2. The material depicts or describes 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 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 similar activities; 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 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 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 newspapers, literary magazines, yearbooks, and other publications funded and/or sponsored or authorized by the school. 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 them in the esteem of the community.
7. Distribution means circulation or dissemination of material by means of handing out free copies, selling or offering copies for sale, and accepting donations for copies. It includes displaying material in areas of the school which are generally frequented by students.

V. DISCIPLINARY ACTION
Distribution by any student of unofficial 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. Employees may also be subject to discipline for distributing unapproved materials. Any other party violating this policy may be requested to leave the school 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 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
IASB Reference: 903.05-R(1)