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KJA - Materials Distribution/Posting

Code: KJA
Adopted: 9/25/02
Re-adopted: 11/10/04
 
To be certain that we do not create an unintentional public forum, or provide advertisement opportunities in an unequal manner, the Board has determined that no information, banner or advertisement whether curricular or non-curricular may be posted on the public side of any fence owned and maintained by the District that surrounds any school property.
 
Non-curricular information and material prepared by non-educational organizations may be posted or distributed in the schools subject to the following:
 
  1. The organization must first present the information or material to the principal for review;
  2.  If the information or material is found to be acceptable for dissemination in the school setting, the organization must distribute or post the materials as directed by the principal.

The administration shall use the following criteria when reviewing information or material submitted for dissemination in the schools:

  1. Does the information or material advance the educational goals of the district?
  2. Is the material appropriate to the target audience given the age, grade level or maturity of the intended audience?
  3. Does the material avoid advertising, soliciting or promoting a non-educational service or product?
  4. Is the material free of lewd, obscene, profane or libelous references?
  5. Is the material free of insulting or “fighting” words - those which by their very utterance inflict injury or tend to incite an immediate breach of the peace?
  6. Does the material avoid inciting or advocating imminent lawless action of disruption of the normal operation of the school?
  7. Is the material free of references to political candidates, parties or issues to be decided in an election?
  8. Is the material free of inferences that the District approves or sanctions the subject of the publication when the District has not or cannot take a position on the matter?

If the information or material submitted for review meets all of the above criteria it may be distributed or posted in the schools. If the information or material submitted fails to meet any one of the above criterion it may not be distributed or posted in the schools.

If the information or material is deemed appropriate for dissemination at school, the principal may direct the organization to distribute or post the information or material as follows:

  1. By posting to a designated board or notice area;
  2. By placement in a designated distribution area (the school will then notify students and parents of the availability of the information or material through regular communication channels);
  3. If the material or information is time-sensitive, by delivering the materials to the classrooms for distribution to each student (such deliveries or distributions must not interfere with instruction time or classroom activities);
  4. By distributing to students from a designated site before or after class (such distribution must not be coercive of students or interfere with or disrupt the normal operation of the school).

Legal Reference(s)

ORS 332.107

46 Op Atty Gen 239 (1989).