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PUBLICATIONS AND MATERIALS DISTRIBUTION POLICY

The purpose of the M.S.A.D. No. 71 schools is to provide appropriate education to District students in accordance with state and federal law and the policies and programs established by the Board of Directors and school administrators. The schools do not provide a forum to be used by individuals or groups to communicate with students or school employees. All expressive activity should be consistent with the basic educational mission of the school. The purpose of this policy is to help ensure that the schools will conform to, as well as enhance, their primary purpose - the education of students.

This policy addresses three categories of materials:

I. School-sponsored student publications;

II. Non-school materials distributed by students; and

III. Material distributed by non-school individuals or groups.

I. SCHOOL-SPONSORED STUDENT PUBLICATIONS

School sponsored student publications are any publications approved by the school, supervised by staff members and designed to impart particular knowledge or skills to student participants and audiences. These include, but are not limited to: the yearbook, the student newspaper, and the literary magazine. Administrators and faculty shall exercise control of school sponsored publications to assure that the participants learn whatever lessons the activity is designed to teach, that readers or listeners are not exposed to material that may be inappropriate for their level of maturity, and that the views of the individual writer or speaker are not erroneously attributed to the school.

To the extent deemed educationally appropriate by teachers or advisors for school sponsored publications, student editors shall have initial responsibility for determining content. However, the advisor or an administrator may override the student editors’ decision. Factors that advisors and administrators should consider in determining whether content is appropriate include but are not limited to: the educational objectives of the school sponsored activity (for example, teaching accuracy and fairness are legitimate educational objectives of the student newspaper); the primary and reputational interest of students, faculty and administrators; the emotional maturity of the intended audience; whether the material might reasonably be perceived to advocate alcohol or drug use, irresponsible sex, or conduct otherwise inconsistent with the shared values of a civilized social order; whether the content associates the school with any position other than neutrality on matters of religion, politics or social controversy; and the guidelines listed in Par II. C. of this policy.

Amended: 06/11/01

II. STUDENT DISTRIBUTION OF NON-SCHOOL MATERIALS

It is beneficial to the basic educational mission of the school for students to express their own views concerning a wide variety of topics and issues and share them with other students in the school. The students’ rights to express their views in the school, however, are not coextensive with the rights of adults or even children in other settings and must be exercised in the light of the special characteristics of the school environment. The school has the duty to ensure that the manner in which these views are expressed and the views themselves do not conflict with the basic educational mission of the school.

Accordingly, the following rules shall be applied to distribution of materials (see definitions in appendix) on school premises by students. These rules shall be applied with due regard for the age and emotional maturity of students to whom the materials are distributed.

A. Non-School Materials

Expression by students of their own views can have educational value. The schools, however, shall not be used by outside individuals or groups to further their goals through communication with students and/or staff. Distribution of materials by non-school individuals or groups is governed by Part III of this policy. Distribution of materials by students for financial or other inducement provided by non-school individuals or groups shall be subject to Part III of this policy.

B. Copy for Principal

A copy of the materials shall be provided to the Principal at or before the time distribution is to begin, along with the name of the students who are distributing the materials.

C. Voluntary Review Available

Students may voluntarily request review of materials by the Principal in advance of distribution. If review is requested, the Principal shall determine whether the materials comply with the guidelines of this policy and shall consult with the Superintendent and legal counsel if necessary.

The school’s determination that the material complies with the guidelines does not imply approval of its contents by the school, the administration of the school, the Board of Directors, or the individual reviewing the material submitted. The distributors and authors of the material shall be solely responsible for its contents.

D. Guidelines

Materials distributed on school premises shall not include expression that (see Appendix for definition):

1. is obscene to minors;

2. is libelous;

3. is pervasively indecent or vulgar, if distributed in the high school or junior high school; contains any indecent or vulgar language, if distributed in the elementary schools;

4. advertises any product or service not permitted to minors by law;

5. constitutes insulting or fighting words, the very expression of which injures or harasses other people (e.g., threats of violence, or harassment based on race, religion, ethnic origin, handicap or gender)

6. presents a clear and present likelihood that 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;

7. expresses religious beliefs or points of view that students would reasonably believe, due to the content or format, to be sponsored, endorsed or given official imprimatur by the school.

E. Time, Place and Manner of Distribution

Students may distribute materials at any entrance or exit to the school both before and after school and at a place in the cafeteria designated by the Principal during all lunch periods. Students shall not distribute materials in a manner which disrupts any school activity or blocks or impedes the safe flow of traffic within corridors and entrance ways of the school. Students who distribute such materials shall be responsible for cleaning up such materials thrown on the floors, in the school, or on the grounds outside the school.

F. Compliance with Policy

Violations of this policy shall be handled in accordance with usual school discipline procedures.

Because it is the intention of the District not to provide a forum to be used by outside individuals or groups to communicate with students or employees, the following rules shall be applied to distribution of materials by non-school individuals or groups. Non-school individuals or groups include school employees acting outside the scope of their assigned duties as school employees.

1. Except when invited as part of a school sponsored function, non-school individuals and groups shall not be permitted on school premises to distribute materials or to otherwise communicate with students.

2. Except as indicated below, materials prepared by non-school individuals or groups shall not be distributed to students on school premises.

3. The MSAD 71 District will limit the distribution of unsolicited materials to students to the following categories of organizations:

· Official communications from the Board of School Directors, Superintendent, Administrators, and school staff including, but not limited to, newsletters, letters to parents, meeting/event notices, school forms, and classroom information;

· Locally sponsored youth athletic programs and locally sponsored youth civic groups that directly support the educational goals of the district and provide benefits to the students.

The Superintendent retains the discretion to decline to disseminate any information he or she deems inappropriate or will not directly enhance the educational goals of the schools. The Superintendent’s decision shall be final.

Material from a group not on the above list will be made available on a bulletin board in a central location in the school and also on a school community web board, subject to the limitations detailed below. Information from organizations not included on the above list will not be sent home with students even if the information is provided in material from an organization included on the list above.

Materials that disrupt the instructional process or educational mission of the school, that are lewd or obscene, that are libelous or that promote illegal activities will not be displayed by MSAD 71 schools.

Commercial materials will not be distributed to students except in the case of those whose purpose is to further a school activity such as graduation, class pictures, class rings or approved fund-raising activities. The Superintendent or his designee will approve distribution of activity-related materials.

The distribution or display of materials does not constitute the endorsement of MSAD 71. All materials shall contain a notice on the flyers indicating that the views of that particular organization are not necessarily the views of MSAD 71.