Board Policy Manual

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Activities such as distributing literature, displaying signs, petitioning for change, and disseminating information concerning issues of public concern are protected by the First Amendment. Schenck v. Pro-Choice Network, 519 U.S. 357 (1997) (recognizing leafletting and commenting on matters of public concern as protected speech); Boos v. Barry, 485 U.S. 312 (1988) (recognizing public issue signs as protected speech); Meyer v. Grant, 486 U.S. 414 (1988) (recognizing the solicitation of signatures for a petition drive as protected speech)

The District may prohibit expression by students if:

It materially and substantially interferes with school activities;

It materially and substantially interferes with the rights of other students or teachers; or

The District can demonstrate reasonable cause to believe that the expression would engender material and substantial interference.

The District shall not discriminate based on the viewpoint expressed in private, student-to-student, non-disruptive speech. Morgan v. Swanson, 659 F.3d 359 (5th Cir. 2011) (recognizing private, non-disruptive, student-to-student speech expressing a religious viewpoint as protected speech)

The District may subject student expression to prior screening under clear and reasonable regulations.

The District may limit student expression in manner, place, or time by means of reasonable, viewpoint-neutral regulations.

Shanley v. Northeast Indep. Sch. Dist., 462 F.2d 960 (5th Cir. 1972); Canady v. Bossier Parish Sch. Bd., 240 F.3d 437 (5th Cir. 2001) [See also CPAB for use of the District's mail system]

KATY ISD

FNAA(LEGAL)-P

UPDATE 93

DATE ISSUED: 3/6/2012

Adopted: Date not found

Written or printed materials, handbills, photographs, pictures, films, tapes, or other visual or auditory materials not sponsored by the District or by a District-affiliated school-support organization shall not be sold, circulated, distributed, or posted on any District premises by any District student, except in accordance with this policy and administrative regulation at FNAA.

The District shall not be responsible for, nor shall the District endorse, the contents of any nonschool literature distributed by students.

For purposes of this policy, "distribution" means the circulation of more than ten copies of material from a source other than the District.

Materials distributed under the supervision of instructional personnel as a part of instruction or other authorized classroom activities shall not be considered nonschool literature and shall not be governed by this policy.

[For distribution of nonschool literature by nonstudents, see GKDA]

Limitations on Content

Nonschool literature shall not be distributed by students on District property if:

  1. The materials are obscene, vulgar, or otherwise inappropriate for the age and maturity of the audience.
  2. The materials endorse actions endangering the health or safety of students.
  3. The materials promote illegal use of drugs, alcohol, or other controlled substances.
  4. The distribution of such materials would violate the intellectual property rights, privacy rights, or other rights of another person.
  5. The materials contain defamatory statements about public figures or others.
  6. The materials advocate imminent lawless or disruptive action and are likely to incite or produce such action.
  7. The materials are hate literature or similar publications that scurrilously attack ethnic, religious, or racial groups or contain content aimed at creating hostility and violence, and the materials would materially and substantially interfere with school activities or the rights of others.
  8. There is reasonable cause to believe that distribution of the nonschool literature would result in material and substantial interference with school activities or the rights of others.

Prior Review

All nonschool literature intended for distribution by students on school campuses or other District premises under this policy shall be submitted to the principal or designee for prior review in accordance with the following:

  1. Materials shall include the name of the person or organization sponsoring the distribution.
  2. Using the standards found in this policy at Limitations on Content, the principal or designee shall approve or reject submitted materials within two school days of the time the materials were received.

Exceptions to Prior Review

Prior review shall not be required for distribution of nonschool literature by District students only in the following circumstances:

  1. Distribution of materials by a student to other attendees during a meeting of a noncurriculum-related student group authorized to meet at school during noninstructional time in accordance with FNAB(LOCAL); or
  2. Distribution of nonschool materials in circumstances for which exceptions to prior review are authorized at GKDA(LOCAL).

Even when prior review is not required, all other provisions of this policy shall apply.

Time, Place, and Manner Restrictions

Each campus principal shall designate times, locations, and means by which nonschool literature that is appropriate for distribution, as provided in this policy, may be made available or distributed by students to students or others at the principal's campus. [See FNAA(REGULATION)]

The Superintendent or designee shall designate times, locations, and means for distribution of nonschool literature by students at District facilities other than school campuses, in accordance with this policy.

Violations of Policy

Failure to comply with this policy regarding distribution of nonschool literature shall result in appropriate administrative action, including but not limited to confiscation of nonconforming materials, suspension of a noncurriculum-related student group's use of District facilities, and/or other disciplinary action in accordance with the Student Code of Conduct.

Appeals

Decisions made by the administration in accordance with this policy may be appealed in accordance with FNG(LOCAL).

KATY ISD

FNAA(LOCAL)-X

UPDATE 82

DATE ISSUED: 2/1/2008