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Administrative Regulation 505.12ASTUDENTS
Student distribution of non-curricular
materials regulation
I.
Materials That May Be Distributed.
Students are permitted to distribute on
school premises, at reasonable times and places, any and all unofficial written
material, except such material or expression which:
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is obscene to minors;
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is libelous;
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contains indecent, vulgar, profane or lewd
language;
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advertises any product or service not
permitted to minors by law;
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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);
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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, or will cause the commission
of unlawful acts or the violation of lawful school regulations.
Distribution on school premises of
material in categories (A) through (F) to any student is prohibited.
II.
Religious materials
Materials containing religious content or supporting a religious
organization are permitted on the same basis as other non-curricular material.
While Davenport Community School District recognizes free speech and
religion rights of students, the District does not support, endorse, or oppose
any religion or student religious organization or the publication of any student
religious organization. Distribution of this material at school does not imply
endorsement of its content or the organization.
III.
Procedures
- Application.
Any student wishing to distribute unofficial non-curricular materials
must first submit a completed application for approval to the building principal
at least twenty-four hours in advance of desired distribution time, together
with a copy of the material. The application form, a copy of which is attached
hereto, shall require the following information:
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Name, phone number and student i.d. number of the student submitting the
request;
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Date(s) and time(s) of day of intended display or distribution;
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Location where material will be displayed or distributed;
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The grade(s) of students to whom the display or distribution is intended.
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Decision.
Within twenty-four hours of submission, the principal or designee will
render a decision whether the material violates the guidelines in subsection I
or the time, place and manner restrictions in subsection IV of this regulation.
If permission to distribute material is denied, the person submitting the
request will be informed in writing of the reasons for the denial.
Permission to distribute material does not imply approval of its contents
by either the school, the administration, the board or the individual reviewing
the material submitted.
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Non-Response.
If the student is dissatisfied with the decision of the principal or his
designee, the student may submit a written request for appeal to the
superintendent or his designee. If the student does not receive a response
within three school days of submitting the appeal, the student may contact the
superintendent or his designee to verify that the lack of response is not due to
an inability to locate the student. If the student has made this verification
and there is no response to the appeal, the application shall be deemed to be
granted and the material may be distributed in accordance with the time, place
and manner provisions in subsection IV.
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General.
At every level of the process the
student 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 written material is appropriate.
IV.
Time, Place and Manner of Distribution.
The distribution of unofficial or non-curricular material is prohibited
when it blocks the safe flow of traffic within corridors and entranceways of the
school or otherwise disrupts school activities. Any organization distributing
written material shall be responsible for cleaning up any resulting litter from
such material discarded, tossed or strewn on school property. The distribution
of unofficial or non-curricular material is limited to a reasonable time, place
and manner as follows:
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The material will be distributed outside of the classroom in locations
designated by the principal or his designee and in a manner that will not block
the safe flow of traffic or block the corridors or entranceways, but which will
give reasonable access to students.
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The material will be distributed either before and/or after the regular
instructional day.
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No written 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.
V.
Definitions.
The following definitions apply to
terms used in this policy:
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"Obscene to minors" means:
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The average person, applying contemporary community standards, would find
that the written material, taken as a whole, appeals to the prurient interest of
minors of the age to whom distribution is requested or likely.
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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 or
likely, sexual conduct such as intimate sexual acts (normal of perverted),
masturbation, excretory functions, and lewd exhibition of the genitals; and
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The material, taken as a whole, lacks serious literary, artistic,
political or scientific value for minors.
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"Minor" means any person under the age of eighteen.
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"Material and substantial disruption" of a normal school
activity means:
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Where the normal school activity is an educational program of the
district for which student attendance is compulsory, a "material and
substantial disruption" is any disruption which interferes with or impedes
the implementation of that program.
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Where the normal school activity is voluntary in nature (including,
without limitation, school athletic events, school plays and concerns, and lunch
periods), "material and substantial disruption" is student rioting, an
unlawful seizure of property, widespread shouting or boisterous demonstration, a
sit-in, stand-in, walk-out, or other related form of activity.
In order for a student's non-curriculum material or 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 written material in question.
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"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.
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"Unofficial or non-curricular" material includes all written
material except school newspapers, literary magazines, yearbooks, and other
publications funded and/or authorized by the school and materials for
organization that are sponsored or authorized by the school. Examples include
leaflets, brochures, flyers, petitions, placards, and underground newspapers,
whether written by students or others.
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"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.
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"Distribution" means circulation or dissemination of written
material by means of handing out free copies, selling or offering copies for
sale and accepting donations for copies. It includes displaying written material
in areas of the school which are generally frequented by students.
VI.
Disciplinary Action.
Distribution by any student of unofficial or non-curricular material
prohibited in subsection I or in violation of subsection IV may be halted, and
students may be subject to discipline including suspension and expulsion. Any
other party violating this policy may be requested to leave school property
immediately and, if necessary, local law enforcement officials will be called.
VII.
Notice of Policy to Students
A copy of this policy will be published in the student handbooks and
posted conspicuously in school buildings.
APPLICATION TO
DISTRIBUTE NON-CURRICULAR MATERIALS IN SCHOOL
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