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Home My WebLink About3245 Distribution of Nonschool-Sponsored Materials on School PremisesSTUDENTS 3245 (also 4283 and 5363) Page 1 of 4 DISTRIBUTION OF NONSCHOOL - SPONSORED MATERIALS ON SCHOOL PREMISES Individuals in the Bonneville Joint School District No. 93 have the right to express themselves on District property. This includes the right to distribute nonschool- sponsored material at a reasonable time and place and in a reasonable manner that does not cause a material or substantial disruption of the normal school activity or interfere with the educational objectives and responsibilities of the District. Guidelines Notice of Policy to Students and Employees Copies of this policy shall be made available to students and employees at each school building within the district. Requests for Distribution Requests for distribution of nonschool- sponsored material shall be reviewed by the Su perintendent/designee on a case -by -case basis. However distribution of the material listed below is always prohibited. Material is prohibited that: 1. is obscene to minors; 2. is libelous or slanderous; 3. is pervasively indecent or vulgar or contains any indecent or vulgar language or representations, with a determination made as to the appropriateness of the material for the age level of students to which it is intended; 4. advertises or promotes any product or service not permitted to minors by law; 5. advocates violence or other illegal conduct; 6. 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, or ethnic origin); 7. 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 will cause the violation of lawful school regulations. Bonneville Joint School District No. 93 STUDENTS 3245 (also 4283 and 5363) Page 2 of 4 Time, Place, and Manner of Distribution 1. The principal /designee at any of the District's schools shall have the authority to regulate on- campus distribution of nonschool- sponsored publications subject to reasonable time, place, and manner. 2. No nonschool- sponsored material shall 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. 3. Distribution of nonschool- sponsored material is prohibited when it blocks the safe flow of traffic within corridors and entrance ways of the school, or in school parking lots. 4. Distribution shall not impede entrance to or exit from school premises in any way. 5. No one shall coerce a student or staff member to accept any publication. Disciplinary Action If a student attempts to distribute nonschool- sponsored material prohibited herein or is in violation of the provisions of time, place, and manner of distribution, such distribution shall be halted and disciplinary action taken up to and including expulsion for a student. 2. If an employee of the District attempts to distribute nonschool- sponsored material prohibited herein or is in violation of the provisions of time, place, and manner of distribution, such distribution shall be halted and appropriate disciplinary action taken in accordance with any individual contract, collective bargaining agreement, District policies and procedures, and /or governing statute. 3. Any other party in violation of this policy will be requested to leave the school property immediately and, if necessary, law enforcement agencies contacted. DEFINITIONS Distribute or Distribution: means circulation or dissemination of material by means of handing out free copies, selling or offering copies for sale, accepting donations for copies, or posting or displaying material, or placing material in internal staff of student mailboxes. Libelous or Slanderous: is a false and unprivileged statement about a specific individual that tends to harm the individual's reputation or to lower that individual's esteem of the community. Bonneville Joint School District No. 93 Distribution of Nonschool- Sponsored Materials on School Premises STUDENTS 3245 (also 4283 and 5363) Page 3 of 4 Material and Substantial Disruption of Normal School Activity: means: 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 that program. 2. Were 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 seizures of property, conduct inappropriate to the event, participation in a school boycott, demonstration, sit -in, stand -in, walk -out, or other related forms of activity. In order for expression to be considered disruptive, specific facts must exist upon which the likelihood of disruption can be forecast, 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. Minor: means any person under the age of eighteen (18) years of age. Non - school Sponsored Material or Unofficial Material: includes all materials or objects intended for distribution, except school newspapers, employee newsletters, literary magazines, yearbooks, and other publications funded and /or sponsored or authorized by the school. Examples of non - school sponsored materials include but are not limited to leaflets, brochures, buttons, badges, flyers, petitions, posters, underground newspapers whether written by students or employees or others, and tangible objects. Obscene to Minors: means: 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. School Activities: means any activity sponsored by the school including, but not limited to, classroom work, library activities, physical education classes, official Bonneville Joint School District No. 93 Distribution of Nonschool- Sponsored Materials on School Premises STUDENTS 3245 (also 4283 and 5363) Page 4 of 4 assemblies and other similar gatherings, school athletic contests, concerts, school plays and other theatrical productions, and in- school lunch periods. Adopted 01 -10 -2007 Reviewed Revised Cross Reference: Controversial Issues and Academic Freedom #2340 School Yearbooks #2395 School Yearbooks Procedures #2395P Freedom of Expression and Assembly #3320 School- Sponsored Student Publications #3240 Distribution of Nonschool- Sponsored Materials on School Premises Procedures #3245P Materials Distribution #3250 Sexual Harassment Intimidation of Students #3290 Harassment Reporting Form #3290F Bullying, Hazing, Harassment, Intimidation, Menacing #3295 Bullying, Hazing, Harassment, Intimidation, Menacing Procedures #3295P Harassment Reporting Form #3295F Legal Reference: I.C. § 33 -512 Governance of schools Bethel Sch. Dist. No. 403 v. Fraser, 478 U.S. 675, 106 S.Ct. 3159, 92 L.Ed.2d 549 (1986) Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1986) Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988) Tinker v. Des Moines Indep. Sch. Dist., 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969) U.S. Constitution Amendment 1 Bonneville Joint School District No. 93 Distribution of Nonschool- Sponsored Materials on School Premises