File: KHC - Distribution/Posting of Non-Curricular Materials File: KHC - Distribution/Posting of Non-Curricular MaterialsThe District recognizes its role as a focal point for many community activities and programs, and the functional source of information about those activities.
In its approach to the distribution of non-curricular materials in its schools, the Summit School District seeks to balance respect for the First Amendment Rights of Freedom of Speech and Freedom of Religion.
The District supports a policy of free exchange of ideas and views to further understanding and respect for the diversity of human thought. At the same time, the District must respect the differing beliefs and values of the community, and neither endorse nor inhibit any religious beliefs.
Furthermore, the District is concerned about the increasing number of materials sought to be distributed at schools by non-school groups and entities, and the cumulative effects of detracting from the district's educational mission as well as the safety implications of allowing unsupervised non-school related individuals into the schools, especially at the elementary level.
Accordingly, requests from staff and the general public to distribute printed non-curricular materials inside the Summit School District public schools shall only be allowed subject to the following policy and accompanying regulations.
For the purposes of this policy, "non-curricular materials" shall be defined as any materials submitted by outside persons or organizations, other than textbooks, reference materials, handouts, or any other supplemental materials either related or designed to implement an educational objective in an official District course, as approved by the course instructor, or building principal, superintendent, or curriculum committee.
Distribution of "unacceptable materials" shall not be permitted. The following shall be considered "unacceptable" material:
1. So-called "hate" literature that scurrilously attacks ethnic, religious or any racial groups or minorities.
2. Material that promotes hostility, disorder or violence.
3. Material which advertises a product or service for sale or rent or which may otherwise be reasonably construed to serve commercial purposes, unless the material has been approved for posting or distribution pursuant to District policy regarding Advertising/Revenue Enhancement (Policy KHB).
4. Material that is libelous, invades the rights of others or inhibits the functioning of the school, or advocates interference with the rights of any individual or with the normal operation of the school.
5. Material which in any way promotes, favors or opposes the candidacy of any candidate for election, or the adoption of any bond issues proposal, or any public question submitted at any general, municipal or school election. Notwithstanding the statutory provision which allows campaign literature/materials outside of a 100 feet radius of a polling booth, the prohibition shall also apply to all campaign literature/materials and signs when the school is being used as a polling place.
6. Material that is obscene or pornographic, or age in-appropriate with respect to sexual, violent, or graphic content, as defined by prevailing community standards throughout the District.
Except as further provided by this policy and Policy KF, all District schools, facilities, and buses are deemed to be "closed non-public forums" on school days and during school functions/activities held outside of normal school hours or on non-school days. No promotional or non-curricular materials may be distributed or made available to students in the schools or on school grounds or buses during the school day, except in those areas designated herein as limited open forums, and only at such times and in the manner as specified herein and in KHC-R.
The principals of each school shall designate a specific area or areas within a school building, (such as entrance ways, front reception hall, plaza, or gathering areas) as limited open forums for the placement of distribution tables, racks, stands, or bulletin boards, or other means of displaying materials intended for students. Promotional and non-curricular materials may be placed at such designated areas by any person provided that the placement is conducted in accordance with the terms and conditions set forth in the accompanying regulation KCH-R regarding the time, place, and manner of such placement.
Each school shall establish a table, rack, stand, or bulletin board within such designated area within a school building for the placement or posting of leaflets, notices, announcements, promotional materials, or other similar forms of non-curricular materials. The location of such tables, racks, stands or bulletin boards shall be at the discretion of the school principal based upon available physical space, traffic patterns, and other similar factors.
No person shall be allowed to personally distribute or hand out any non-curricular materials within any school building or facility or upon any school grounds, or remain at the designated table, rack, stand or bulletin board to promote dissemination of the materials. Distribution may be made off school grounds on non-District owned public thoroughfares and sidewalks in accordance with any applicable municipal or county ordinance, rule, or regulation.
The superintendent shall present to any person or persons wishing to distribute printed non-curricular materials a copy of this policy and the accompanying procedures.
The Board of Education may proceed through the courts of law to obtain injunctive relief and damages, where applicable, for any unauthorized distribution of printed non-curricular materials. Students and staff who fail to comply with District policy and procedures regarding distribution/posting of non-curricular materials may be subject to discipline, including but not limited to expulsion from school or termination of employment.
Adopted May 18, 1981
Revised February 9, 1982
Revised August 22, 1995
Revised September 2, 1997
Revised September 27, 2006
Revised March 28, 2007
LEGAL REF.: C.R.S. 22-32-110 (1)(r)
CROSS REFS.: JICEA, School-Related Student Publications
JICEC, Student Distribution of Non-curricular Materials
KF, Community Use of Schools