Students

5145-AR

 

RIGHTS AND RESPONSIBILITIES - STUDENTS

 

A.      Purpose and Scope

The purpose of this procedure is to establish rules and regulations to assure students reasonable opportunity to exercise the rights of freedom of speech and expression while in attendance at a Placentia-Yorba Linda Unified School District school.

B.     General

1.      Each student has the right to exercise free expression including, but not limited to the use of bulletin boards, the distribution of printed materials or petitions, and the wearing of buttons, badges, and other insignia.

2.      The district hereby establishes rules and regulations relating to the exercise of free expression by students in its schools which include reasonable provisions for the time, place, and manner of conducting certain activities.

3.      Each and every student shall follow the rules and regulations established here in the responsible exercise of his/her rights.

4.      Each school principal is responsible for the communication and execution of this procedure.

C.     Forms Used and Additional References

None

D.     Procedure

1.      Students shall be allowed to distribute petitions, circulars, leaflets, newspapers and other printed matter subject to the following specific limitations:

a.      TIME - The time of distribution shall be limited to the hours before school begins, during the lunch hour, during nutrition period, and after school is dismissed, so as to prevent interference with classroom activities.

b.      RESPONSIBILITY - Rules for distribution of materials:

1)      A student may not be forced or pressured into accepting printed matter or signing a petition.

2)      Funds, advertisements, or donations shall not be collected or solicited for the materials distributed.

3)      Leaflets and printed materials to be distributed shall be submitted to the designated school official during the regular school day. Approval or disapproval of such distribution shall be indicated as soon as reasonably possible and not later than the same time the next school day.

4)      The official may limit the number of students or groups of students who may distribute materials in any one day.

5)      All material distributed or displayed shall clearly indicate the author or agency responsible for its production and shall be dated, with an address and phone number provided.

6)      Materials posted or distributed should be removed within five school days by the person or persons who posted or distributed the material. Persons distributing the material are responsible for reasonable cleanup of the materials on campus.

2.      BULLETIN BOARDS - Students shall be provided with bulletin boards for use in posting student-oriented materials on campus locations convenient to student use. Where feasible, location and numbers of such bulletin boards shall be by joint agreement of local school government representatives and the local school administration.

3.      BUTTONS, BADGES, AND OTHER INSIGNIA OF SYMBOLIC EXPRESSION -Students shall be permitted to wear buttons, badges, armbands, and other insignia as a form of expression, subject to the responsibilities outlined below.

4.      NO STUDENT SHALL DISTRIBUTE MATERIALS, WEAR BUTTONS OR OTHER DISPLAYS NOR POST NOTICES OR OTHER MATERIALS WHICH:

a.      Are obscene to minors according to current legal definitions, as established by federal or state laws, the Orange County Counsel and/or the Placentia-Yorba Linda Unified School District.

b.      Are libelous or slanderous according to current legal definitions.

c.      Motivate students so as to create a clear and present danger of the imminent commission of unlawful acts on school premises or of the violation of lawful school regulations or of the disruption of the orderly operation of the classroom or school.

d.      Express of advocate racial, ethnic, or religious prejudice so as to create a clear and present danger of imminent commission of unlawful acts on school premises or of the violation of lawful school regulations or of the disruption of the orderly operation of the classroom or school.

e.      Are distributed in violation of the time, place and manner requirements, as provided in district rules made pursuant to Education Code Section 10611 and stated in this procedure.

5.      The principal of each school or his/her designee shall review material and exercise administrative responsibilities as required by this procedure. His/her decision shall be final in regard to the prohibitions named in Section 4.d. above, except that any student may appeal a decision in writing to the superintendent with a copy to the building administrator. The superintendent or his/her designee shall render a decision no later than two (2) school days after receipt of the appeal. A student may submit a final appeal directly to the Board of Education. The appeal shall be submitted in writing one week prior to any regular school board meeting through the superintendent's office. The appeal shall be based solely on the standards established in Education Code Section 48916.

6.      Violation of the rules and regulations established here by any student is sufficient cause for suitable disciplinary action.

E.     Reports Required

None

F.      Record Retention

As needed

G.     Responsible Administrative Unit

Superintendent

H.     Approved by:

 

Ron Raya

6/84

Keith T. Larick

6/84

Responsible Division Head

Date

Superintendent

Date

 

Legal Reference:

Education Code

Section 10611