9701 - DISTRIBUTION OF MATERIALS AND LITERATURE TO STUDENTS

It is the policy of the Board that the only materials that will be distributed to students in any District school by school personnel are materials that are directly related to the District's curriculum or descriptive of school-sponsored events and services.

Furthermore, it is the policy of the Board that any individual, group of individuals, or not-for-profit organization that wishes to distribute written material publicizing a specific community activity, event, or meetings that are age-appropriate for the students that attend a particular school or schools are subject to this policy.

For the purpose of this policy, "distribute" means to supply, give, convey, deliver, pass out, hand out, post, disburse, or otherwise make available written material to students. For the purpose of this policy, "written material" includes, but is not limited to, any handwritten or printed documents, drawings, graphs, charts, photographs, artwork, books, periodicals, audio and videotapes, digital records, diskettes, software, or any other item on which data, writings, symbols, or images are recorded for the purpose of communication. For the purpose of this policy, a not-for-profit organization is one (1) that is recognized as such by the State in accordance with the Florida statutes.

Each school principal shall provide a location (table, rack, cork board, or other similar type of venue or location) for the distribution of written material. Making written material available at this location shall be the sole means to distribute written materials; however, these written materials shall only be distributed if they meet the criteria listed below.

In all cases, distribution of the following is not permitted:
A. 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.

B. 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.

C. Material that may incite (lead) persons to commit illegal acts, violate Board policy, promotes hostility, disorder, or violence.

D. 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.

E. 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.

F. 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.

G. Material that, if the event or activity is religious in nature, contains a proselytizing message, that is, a message promoting the benefits of a specific faith tradition.

Distribution of written materials shall not be construed or represented as an endorsement or approval of the written materials by the District. Distribution of written materials by any individual, group of individuals, or organization will be permitted as follows:

A. Requests to Distribute Materials by Students (student organizations):

Students requesting to distribute written materials shall submit a copy of the materials and a written request to distribute the written materials to the Superintendent no later than five (5) school days prior to the desired distribution date and time. The material must contain the following:

1. the name of the sponsoring student or organization;

2. the length of time that the written material should be available for students; and

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 Board, 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 the administration."

The Superintendent shall provide the student(s) with a decision that allows the distribution of the written material, or informs the student(s) of the need to revise the material so that it is in compliance with this policy no later than two (2) days after the student submits the material to be distributed. Physical distribution of materials shall be in accordance with this policy and shall occur in a non-disruptive manner. No student may be required, coerced, or harassed to accept the written materials.

The principal may limit the quantity of written material that will be made available at the designated location in his/her school. The student(s) or student organization will be responsible for ensuring their materials are stocked, for all storage of materials, and clean up of any material that is found littering the campus. If the student(s) or student organization that is granted permission to distribute written material fails to keep their written material orderly at the distribution location or fails to clean up any material littering the campus, the principal may rescind permission to distribute said written materials.

B. Requests to Distribute by Not-for-Profit Organizations:

The not-for-profit organization requesting to distribute 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 later than five (5) school days prior to the desired distribution date and time. The material must contain the following:

1. the name of the sponsoring individual(s) or 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 length of time that the written material should be available to the students;

4. the written material must contain a clear and bold statement using twelve (12) point font or larger on the front of the notice stating:

"These materials are neither sponsored by nor endorsed by the Board, 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 the administration."

The Superintendent shall provide the not-for-profit organization with a decision that allows the distribution of the written material or informs the not-for-profit organization of the need to revise the material so that it is in compliance with this policy no later than two (2) school days after the non-student submits the material to be distributed. Physical distribution of materials shall be in accordance with this policy and shall occur in a non-disruptive manner. No student may be required, coerced, or harassed to accept the written materials.

The principal may limit the quantity of written material that will be made available at the designated location in his/her school. The sponsoring not-for-profit organization will be responsible for ensuring that their written materials are stocked, as well as for all storage of the material, and clean up of any of the written material that is found littering the campus. If the not-for-profit organization fails to keep the written material 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.

C. Nondistrict Sponsored 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 nondistrict sponsored clubs that meet the requirements found in Policy 5730 and Policy 2430 and are recognized as a nondistrict 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. 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 materials 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 that 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 delineated in this policy.

D. Individuals, Groups of Individuals, or Not-for-Profit Organizations Denied the Right to Distribute Written Material:

Any individual, group of individuals, or not-for-profit 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 Policy 2260.01.

Adopted 4/10/07