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

Distribution of Nonschool Literature Permitted

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

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

For purposes of this policy, "distribution" means the circulation of more than 10 copies of material from a source other than the Department.

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 of Content

Nonschool literature shall not be distributed by students on Department 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 Department premises under this policy shall be submitted to the principal/center director 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 LIMITATION ON CONTENT, the principal/center director 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 Department 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/center director shall designate times, location, 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/center director's campus.

The principal/center director shall designate times, locations, and means for distribution of nonschool literature by students at Department 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 Department 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).

Harris County Department of Education

FNAA(LOCAL)-HCDE

LDU

DATE ISSUED: 11/13/2008