File: JICEC*-R - Student Distribution of Noncurricular Materials

NOTE: While Colorado school districts are not required by law to adopt a regulation 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.

NOTE: The district has discretion as to whether to require students to submit materials for approval prior to distribution. One of the following options should be selected by the district.

[Option 1: Does not require prior school approval of materials.]

Students who wish to distribute more than 10 items or copies of noncurricular materials on school property or at a school activity must notify the principal a minimum of one day in advance.

Students do not have to produce an advance copy of the materials that will be distributed for the principal's review. However, materials which are distributed on school grounds or at a school activity that are prohibited by this regulation's accompanying policy or other Board policy may subject the responsible students to disciplinary action following distribution.

[or]

[Option 2: Requires school approval of materials and an appeal process.]

Approval required prior to distribution

Students who wish to distribute more than 10 items or copies of noncurricular materials on school property or at a school-sponsored activity or event shall submit the material to the school principal for approval at least five school days in advance of the planned distribution date. The principal or principal's designee shall respond to such requests within three school days.

Appeal

If the principal does not approve the materials for distribution, the principal or principal's designee shall provide a written explanation of why the materials were not approved under the policy accompanying this regulation.

The student may then appeal the decision as follows:

1. Within 10 school days of receiving the principal's or designee's decision, the student may file a written notice of appeal with the superintendent.

2. The superintendent shall make a written determination within 10 school days of receiving the student's appeal.

3. Within 10 school days of receiving the superintendent's decision, the student may submit a written appeal to the superintendent, requesting a hearing before the Board.

4. The superintendent shall schedule the hearing on the agenda of the next regularly scheduled Board meeting, which generally will be held within 30 days of the filing of a request for a hearing.

After providing the student with an opportunity to be heard, the Board shall render a decision, which shall be final.

End of options.

The following restrictions apply to all requests to distribute more than 10 items or copies of noncurricular materials by students on school property or at school-sponsored activity:

1. Place. Distribution of materials must be made at places within the school or on school grounds as designated by the principal except that in no event may such materials be distributed in any classroom of any building then being occupied by a regularly-scheduled class.

2. Time. Distribution may be made one-half hour before school and/or during regularly scheduled lunch periods and/or 15 minutes after the close of school. Any other times during the school day are considered to be disruptive of normal school activities.

3. Littering. All distributed noncurricular materials discarded in school or on school grounds must be removed by the persons distributing such items.

4. Manner. No student may in any way be compelled or coerced to accept any noncurricular materials. In the alternative, no school official or student may interfere with materials distributed in accordance with this regulation and its accompanying policy.

Violation of this regulation and/or accompanying policy will be sufficient cause for denial of the privilege to distribute materials at future dates and may be cause for disciplinary action, including suspension and/or expulsion.

(Approval date)

[Revised June 2018]