DISTRIBUTION OF MATERIALS AND LITERATURE TO STUDENTS

DISTRIBUTION OF MATERIALS AND LITERATURE TO STUDENTS

po9701Adopted May 1, 2002Revised April 10, 2007

9701 - DISTRIBUTION OF MATERIALS AND LITERATURE TO STUDENTS

Purpose

To inform the public and staff about displaying and distributing printed informational materials and announcements.

Issue

To provide an appropriate mechanism for informing students and parents about school and community activities and events in a manner that does not unduly burden school staff.

Position

  1. Display and Distribution of Printed Materials by the District, Governmental Agencies, and Certain Parent or Student Organizations

    The following organizations shall be permitted to distribute printed informational materials and announcements directly to students through take home folders, backpacks, or similar manner or display printed informational materials and announcements on any tables, magazine racks, or similar areas as designated by the school at any time during the school year:

    1. the District

    2. Federal, State, or local governmental entities (these organizations are prohibited from distributing materials directly to students for any outside or contracted agents to these entities such as but not limited to non-government, non-profit, or for-profit organizations etc.)

    3. nationally affiliated PTAs, PTOs, booster clubs operating with the District (these organizations are prohibited from distributing materials directly to students for any outside or contracted agents to these organizations such as but not limited to non-government, non-profit, or for-profit organizations etc.)

All material to be distributed directly to students for all of the above organizations must meet the requirements found in Display and Distribution of Printed Materials Provided by Non-Profit Community Organizations or Others number 6, items "a" through "f" below.

Organizations listed above must list the following on the first page of their materials:

  1. The name of the sponsoring entity or organization if the entity is a governmental entity, include the government seal.

  2. The written material must provide information about the specific community activity/event or meeting, including, but not limited to, the nature of the meeting/event/activity, location, day, and time.

  3. A clear and bold statement using twelve (12) point font or larger on the front of the cover or first page of the written material stating:

    "These materials are neither sponsored by nor endorsed by the District, its agents, or its employees. The views and the information contained in the materials are not an expression of the opinion, belief, or policy of the Board, the District, and/or this school."

  1. Display and Distribution of Printed Materials Provided by Non-Profit Community Organizations or Others

    It is the position of the Board that all other parent initiated student clubs and non-profit community organizations shall be permitted to distribute written materials that are age appropriate to students that attend the school. These materials can be distributed directly to students through take home folders, backpacks, or similar manner or display printed informational materials and announcements on any tables, magazine racks, or similar areas as designated by the school at any time during the school year subject to the following requirements:
     
    1. All parent initiated student clubs and non-profit community organization materials will be distributed directly to students through take home folders, backpacks, or similar manner at the same time, on the same day, one (1) time each month, during the normal school year (maximum of ten (10) times per year).
    2. The school shall provide these materials to students with a cover letter on official school letterhead that indicates wording to the following at a minimum: "These materials are advertisements from parent initiated student clubs and non-profit community organizations." "You are not required to read or respond to these advertisements, rather they are being provided as a public service and a matter of law to you as a member of our school community." "None of these materials are sponsored by nor endorsed by the District, its agents, or its employees. The views and the information contained in these materials are not an expression of the opinion, belief, or policy of the Board, the District, and/or this school."
    3. The first distribution date for these materials will take place sometime within the first fifteen (15) days from the commencement of the first day of school. Thereafter the school will distribute on a set day each month until the last month of the regular school year. The parent initiated student club or non-profit entity is responsible to verify the date of distribution at the school as well as submit their materials according to the timelines found in this policy.
    4. All printed informational materials and announcements that parent initiated student clubs and non-profit community organizations wish to have distributed directly to students must be collated into stacks of twenty-five (25) and in sufficient number for delivery to all classrooms in order to minimize the amount of staff time necessary for disbursement. Schools are not responsible to make sure these entities provide a sufficient number of informational materials for all students in the classroom or to separate materials for delivery to students in the classroom.
    5. Non-profit community organizations must provide documentation verifying non-profit status to the school. This documentation must either be a copy of the letter from the Internal Revenue Service stating the organization is considered tax exempt under Section 501(c)(3) or a copy of a notarized letter on the organization's letterhead stating the organization is a non-profit organization as deemed by the Internal Revenue Service. Any entity that is found to have misrepresented themselves as a non-profit entity will forever be barred from all future material distribution.
    6. In all cases, distribution of the following is not permitted:
       
      1. Material that is insulting to or violates the rights of others, including but not limited to material that is libelous, invades the privacy of others, infringes on a copyright, or is in any way prohibited by State or Federal law. This includes so- called "hate" literature that scurrilously attacks an individual's race, age, national origin, gender, gender orientation, religion, creed, disability, economic status, or advocates interference with the rights of any individual.
      2. Material that is socially inappropriate or inappropriate due to the maturity level of the students, including, but not limited to, material that is obscene, pornographic or lewd, vulgar or indecent, or is insulting to any group or individual.
      3. Material that may incite (lead) persons to commit illegal acts, violate Board policy, promotes hostility, disorder, or violence.
      4. Material that is primarily of a commercial nature, including, but not limited to, material that primarily seeks to advertise for sale or rent the products or services of outside businesses unless the material itself has educational value that makes the commercial message a secondary consideration. Materials of this nature shall be subject to the conditions set forth for advertising in Policy 9702.
      5. Material that is likely to cause substantial disruption to or materially interferes with the proper and orderly operation and discipline of the school or school activities.
      6. Material which in any way promotes, favors, or opposes the candidacy of any candidate for election, or any public questions submitted at any general, municipal, or school election. The prohibition shall not apply on any Election Day or special election when the school is being used as a polling place.
    7. Parent initiated student clubs and non-profit community organizations requesting to distribute or post written materials that publicize a specific community event, activity, or meeting shall submit a copy of the materials and a written request to distribute the written materials to the Superintendent no earlier than five (5) school days prior to the schools monthly distribution date and not later than two (2) days prior to the schools distribution date. The material must contain the following:
       
      1. The name of the sponsoring organization.
      2. The written material must provide information about the specific community activity/event or meeting, including, but not limited to, the nature of the meeting/event/activity, location, day, and time.
      3. The written material must contain a clear and bold statement using twelve (12) point font or larger on the first page of the written material stating:

        "These materials are neither sponsored by nor endorsed by the District, its agents, or its employees. The views and the information contained in the materials are not an expression of the opinion, belief, or policy of the Board, the District, and/or this school."
      4. Parent initiated student clubs and non-profit community organizations whose materials do not comply with the above will not be included in the distribution of materials during that month's day of distribution unless the materials can be corrected by the parent initiated student club or non- profit community organization and returned to the school at least two (2) days prior to the distribution date.
    8. Parent initiated student clubs and non-profit community organizations have an option to display printed informational materials and announcements on any tables, magazine racks, or similar areas as designated by the school rather than distribute materials directly to students.
    9. The school may limit the quantity of written material that will be made available on any tables, magazine racks, or similar areas as designated by the school at the designated location in his/her school. The sponsoring parent initiated student club or non-profit community organization is responsible for ensuring their written materials are stocked, as well as for all storage of the material and clean up of any of the written material found littering the campus. If the parent initiated student club or non-profit community organization fails to keep the written materials orderly at the distribution location or fails to clean up any of the written material littering the campus, the principal may rescind permission for further distribution.
    10. No student shall be required, coerced, or harassed to accept the written materials.

  2. Non-District Sponsored Student Initiated Clubs

    1. Building principals shall be the Superintendent's designees for decisions regarding the distribution of written materials by students within their school.

    2. Student initiated non-district sponsored clubs that meet the requirements found in Board Policy 5730 and Policy 2430 and are recognized as a non-district sponsored student club by the school shall have the same right to distribute materials to students in the same manner as District sponsored clubs, co-curricular clubs, and interscholastic extra-curricular activities.

    3. If a student requests to distribute materials directly to students during non-instructional time, the principal may designate a limited number of tables or booths within a school cafeteria, gymnasium, or outdoor athletic field at which students may distribute their materials.

    4. Written materials distributed by students from tables or booths may not be distributed during instructional hours or during the transition time between classes. The principal may allow the distribution of written material before the school day begins, during lunch periods, or after the instructional school day ends.

    5. The principal may prohibit distribution from occurring during a particular time, in a particular manner, or at a particular place if the principal finds the time, manner, or place of the distribution may cause, or has previously caused, disruption to or interference with school activities.

    6. All such requests by students to distribute their materials shall meet the requirements found in Display and Distribution of Printed Materials Provided by Non-Profit Community Organizations or Others number 6, items "a" through "f" above.

    7. No student shall be required, coerced, or harassed to accept the written materials.

  3. Display and Distribution of Printed Materials Provided by For-Profit Organizations or Others

    For-profit organization materials will not be distributed directly to students through take home folders, backpacks, or similar manner unless they are part of the District's approved advertising program but these materials may be displayed on any tables, magazine racks, or similar areas as     designated by the school if these materials meet the following requirements.

    1. The materials are age appropriate for students that attend the school and the information presented has an education relationship or value.

    2. The materials meet the requirements found in Display and Distribution of Printed Materials Provided by Non-Profit Community Organizations or Others number 6, items "a" through "f" above.

    3. The materials meet the requirements found in Display and Distribution of Printed Materials Provided by Non-Profit Community Organizations or Others number 7, items "a" through "c" above.

    4. The materials meet the requirements found in Display and Distribution of Printed Materials Provided by Non-Profit Community Organizations or Others numbers 9 and 10.

  4. Parent Initiated Student Clubs, Non-Profit Community Organizations, or For-Profit Organizations Denied the Right to Distribute Written Materials

    Any organization denied the right to distribute materials or literature has the right to file an appeal of the decision in accordance with the procedures set forth in Board Policy 2260.01.

Implementation Strategies

The Superintendent will develop reasonable viewpoint-neutral regulations to implement this policy.

Revised 9/25/07
Revised 10/28/14
Reviewed 4/25/23

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