St. Louis County Schools, ISD 2142	MSBA/MASA Model Policy 904
Adopted:  Unknown 									      Orig. 1995
Revised:  August 29, 2016  (with revision from MSBA Model Policy)	Rev. 2002

904	DISTRIBUTION OF MATERIALS ON SCHOOL DISTRICT PROPERTY BY NON-SCHOOL PERSONS

I.	PURPOSE

The purpose of this policy is to provide for distribution of materials appropriate to the school setting by non-staff and nonstudents on school district property in a reasonable time, place, and manner which does not disrupt the educational program nor interfere with the educational objectives of the school district.  Non-school person means any person who is not currently enrolled as a student in or employed by the school district.

II.	GUIDELINES

A.	Requests for distribution of materials will be reviewed by the administration on a case-by-case basis. 

B.	Permission for non-school persons to distribute materials on school district property is a privilege and not a right. 

III.	TIME, PLACE, AND MANNER OF DISTRIBUTION

If permission is granted pursuant to this policy for the distribution of any materials, the time, place, and manner of distribution will be solely within the discretion of the administration, consistent with the provisions of this policy.

IV.	PROCEDURES

A.	Any non-school person wishing to distribute materials must first submit for approval a copy of the materials to the administration at least five days in advance of desired distribution time, together with the following information:

1.	Name and phone number of the person submitting the request.

2.	Date(s) and time(s) of day of requested distribution.

3.	If material is intended for students, the grade(s) of students to whom the distribution is intended.

4.	The proposed method of distribution.

B.	The administration will review the request and render a decision.  The administration will assign a location and method of distribution and will inform the persons submitting the request whether non-school persons may be present to distribute the materials.  In the event that permission to distribute the materials is denied or limited, the person submitting the request should be informed in writing of the reasons for the denial or limitation.

C.	Permission or denial of permission to distribute material does not imply approval or disapproval of its contents by either the school, the administration of the school, the school board, or the individual reviewing the material submitted.

D.	In the event that permission to distribute materials is denied, the non-school person or organization may request reconsideration of the decision by the superintendent.  The request for reconsideration must be in writing and must set forth the reasons why distribution is desirable and in the interest of the school community.

V.	VIOLATION OF POLICY

Any party violating this policy or distributing materials without permission will be directed to leave the school property immediately and, if necessary, the police will be called.

VIII.	IMPLEMENTATION

The school district administration may develop any additional guidelines and procedures necessary to implement this policy for submission to the school board for approval.  Upon approval by the school board, such guidelines and procedures shall be an addendum to this policy.

[Note:  School districts are encouraged to consider additional guidelines which reflect varied local practices relating to this subject matter including addressing the subject of consistency and uniformity for approving or disapproving practices under this policy.]

Legal References:	U. S. Const., amend. I
Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988)
Doe v. South Iron R-1 School District, 498 F.3d 878 (8th Cir. 2007)
Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987)
Cornelius v. NAACP Legal Defense and Educational Fund, Inc., 473 U.S. 788, 105 S.Ct. 3439, 87 L.Ed.2d 567 (1985)
Perry Education Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 103 S.Ct. 948, 74 L.Ed.2d 794 (1983)
Roark v. South Iron R-1 School Dist., 573 F.3d 556 (8th Cir. 2009)
Victory Through Jesus Sports Ministry Foundation v. Lee’s Summit R-7 School Dist., 640 F.3d 329 (8th Cir. 2011), cert. denied ___U.S. ___, 132 S.Ct. 592 (2011)

Cross References:	MSBA/MASA Model Policy 505 (Distribution of Nonschool-Sponsored Materials on School Premises by Students and Employees)
MSBA/MASA Model Policy 512 (School-Sponsored Student Publications)