FNAA(LOCAL) - STUDENT EXPRESSION: DISTRIBUTION OF NONSCHOOL LITERATURE

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, or posted on any District premises by any District student, except in accordance with this policy.

The District shall not be responsible for, nor shall the District endorse, the contents of any nonschool literature distributed on any District premises. All nonschool literature distributed on school premises must include a disclaimer with the preceding statement.

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

The District's classrooms during the school day are provided for the limited purpose of delivering instruction to students in the courses and subjects in which they are enrolled. Hallways in school buildings are provided for the limited purpose of facilitating the movement of students between classes and allowing access to assigned lockers. Classrooms and hallways shall not be used for the distribution of any materials over which the school does not exercise control.

Time, Place, and Manner Restrictions

Each school campus shall designate an area where materials that have been approved for distribution by students in accordance with this policy may be made available or distributed. Each principal or designee 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 campus, including the duration the material will be allowed to remain available.

Prior Review

All written material over which the school does not exercise control and that is intended for distribution by students on school campuses or other District premises shall be submitted to the principal or designee for prior review according to the following procedures:

  1. In order to be considered for distribution, materials shall include the name of the organization or individual sponsoring the distribution.
  2. Using the standards below at Limitations on Content, the principal or designee shall approve or reject submitted material within two school days of the time the material is received.
  3. The student may appeal the principal's decision in accordance with FNG(LOCAL), beginning at Level Two.

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.

Violations

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.

Limitations on Content

Nonschool materials shall not be distributed if they:

  1. Are obscene, vulgar, offensively lewd, indecent, or otherwise inappropriate for the age and maturity of the audience;
  2. Endorse actions endangering the health or safety of students;
  3. Create reasonable cause to believe that distribution of the nonschool literature would result in material and substantial interference with school activities and the rights of others;
  4. Promote illegal drug use or other conduct prohibited by the Student Code of Conduct;
  5. Violate the intellectual property rights, privacy rights, or other rights of another person;
  6. Advocate imminent lawless or disruptive action and are likely to incite or produce such action;
  7. Contain defamatory statements about public figures or others; or
  8. Include hate literature that scurrilously attacks 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.

Materials distributed under the supervision of instructional personnel as 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.

Austin ISD

FNAA(LOCAL)-X

LDU 2008.01

DATE ISSUED: 3/19/2008