Garfield Re-2 Policies

JICEC

Student Distribution of Noncurricular Materials 

 

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 that respects the rights of all students on school grounds and during school-sponsored activities.

 

Prohibited distribution

 

Students may not distribute 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 the publication of such material.

 

Adopted: November 27, 2007

Revised: September 14, 2020

 

LEGAL REFS.:

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

Colo. Const. Art 9, §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

 

Garfield School District No. Re-2, Rifle, Colorado