File:  KHC-R - Distribution/Posting of Non-curricular Materials

Approval

Any non-District related group, organization, corporation, individual, club, society or association (hereafter referred to as "person" or "persons") that wishes to distribute any printed non-curricular material in any public school in Summit School District must submit the material to the superintendent for approval for distribution or posting a minimum of 48 hours prior to the proposed distribution or posting.  The superintendent, or designee, will approve distribution subject to the time, place, and manner restrictions which follow unless he/she determines that the material is "unacceptable" as defined in the accompanying policy KHC.  Upon written request by the aggrieved party, the superintendent or designee will explain in writing the reasons he/she determined the material was "unacceptable" under Board policy.

Appeal

Any person or persons that are denied approval for distribution of printed non-curricular materials will have the right to appeal the decision to the Board of Education.  The appeal will be prosecuted as follows:

1.  Within 10 days after the superintendent's or designee's action, written notice must be served by the aggrieved party or parties on the superintendent requesting a hearing before the Board.  Failure to submit a written notice of appeal within the ten days shall bar the aggrieved party's appeal.

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

3.  The aggrieved party or parties must attend the meeting.  The aggrieved party shall present evidence and argument in support of distribution/posting of the materials.  The District administration may, at its discretion, present evidence and argument in support of its rejection of the materials.

The Board will issue a decision in writing within five working days following the hearing.  The Board's decision to support or reject the superintendent's action will be final.

Any person or persons aggrieved by the superintendent's or designee's action in approving non-curricular materials may request an immediate meeting with the superintendent or designee for a review of the materials to discuss and review whether the materials fall within one or more of the six categories of "unacceptable" materials set forth in Policy KHC.  In such event, the superintendent or designee shall suspend such approval until after the meeting. The superintendent or designee shall give notice of the time, date, and place of the meeting to the person or persons who are proposing the distribution of the non-curricular materials. If the superintendent withdraws her/his approval after such meeting and finds that the materials are unacceptable, an appeal may be filed with the Board pursuant to the procedures set forth herein.  If the superintendent overrules the objection, the materials may be placed in the schools pursuant to the regulations contained herein.

Regulations

1.  Place

Distribution or posting of printed non-curricular materials must be made only at places within the school as designated by the principal.  Materials shall not be distributed or made available to students in any classroom of any building then being occupied by a regularly scheduled class or educational activity.  Each principal shall determine the location or locations of distribution tables, racks, stands, or bulletin boards inside the school based upon various factors such as available space, traffic patterns, construction, safety concerns, and other factors related to school operations.

2.  Time

Materials placed at or upon such distribution facilities shall be available to the students whenever students are within such area.

3.  Littering

Materials placed on designated tables, racks, stands, or boards shall be removed at the end of each semester. Outdated material at the designated location may be removed and discarded by the building principal without notice.

4.  Distributors

Neither school personnel nor students shall be used as the agents for distribution of such materials on school grounds.

5.  Manner

No student may, in any way, be directed, compelled, or coerced by any person or school personnel to take or accept any materials that are available at such designated locations within a school.  In the alternative, no school official or student may interfere with a student's access to approved materials.

School personnel shall refrain from taking any action which would convey to a reasonable person that the materials are endorsed by either the school or the District.

The disclaimer required by policy KHC shall remain posted or displayed at all times.  The maximum quantity of materials from any person for each school shall not exceed one copy per pupil based upon the last enrollment count.  School personnel shall not be required to advise any person as to whether materials have been depleted.

Violation of any of these restrictions on time, place or manner will be sufficient cause for denial of the privilege to submit materials at future dates, subject to the right of appeal as stated above.

Approved:  August 22, 1995

Revised:  September 2, 1997

Revised:  September 27, 2006

Revised:  March 28, 2007