File: JICEC* - Student Distribution of Noncurricular Materials

NOTE: While Colorado school districts are not required by law to adopt a policy on this subject, some content in this sample reflects legal requirements school districts must follow. This sample contains the content/language that CASB believes best meets the intent of the law. However, the district should consult with its own legal counsel to determine appropriate language that meets local circumstances and needs.

To understand constitutional values such as the right to free speech, students must not only study such principles but also have an opportunity to put them into practice. However, there are limitations on the right of student free speech in the school setting that have been upheld by the courts because of the unique nature of the school community.

It is the goal of this policy to strike a necessary balance between a student´s right of free speech and the school´s need to maintain an orderly and safe school environment which respects the rights of all students on school grounds and during school-sponsored activities.

Students may distribute noncurricular materials on school property in accordance with this policy, its accompanying regulation, and applicable state and federal law.

Prohibited distribution

Students may not distribute any noncurricular materials on school property or at school-sponsored activities or events that in themselves or in the manner they are distributed:

• create or threaten to create a substantial disruption or material interference with the normal operation of the school, school activity, or event;

• advocate or encourage unlawful conduct or conduct that violates Board policy, including but not limited to the Board´s policies prohibiting unlawful discrimination, harassment, and bullying;

• cause or threaten to cause injury to persons or property; or

• are obscene, defamatory, or violate any person´s privacy rights.

Students who distribute materials in violation of this policy may be subject to appropriate disciplinary action, including suspension and/or expulsion.

School equipment and supplies may not be used for publication of such material.

(Adoption date)

LEGAL REFS.: Tinker v. Des Moines Indep. Comm. Sch. Dist., 393 U.S. 503 (1968)

Taylor v. Roswell Indep. Sch. Dist., 713 F.3d 25 (10th Cir. 2013)

Colo. Const. Art 9, Sect. 5

C.R.S. 22-1-120 (rights of free expression for public school students)

C.R.S. 22-32-110 (1)(r) (power to exclude materials that are immoral or pernicious)

CROSS REFS.: JICEA, School-Related Student Publications

JK, Student Discipline, and subcodes

KHC, Distribution/Posting of Noncurricular Materials

[Revised July 2020]