NORTHFIELD BOARD OF EDUCATION FILE CODE: 6145.3
Northfield, New Jersey Monitored
Mandated
Policy X Other Reasons
PUBLICATIONS
The Northfield Board of Education respects the right of students to express themselves in written word or picture and to distribute printed materials as a part of that expression, but recognizes that the exercise of that right must be limited by the need to maintain an orderly school environment and to protect the rights of all members of the school community.
Definition
For purposes of this policy, “printed material” shall include any written or printed cards, letters, circulars, books, pamphlets, notices, newspapers, or other like materials, but shall not include any newspaper, periodical or book the publication of which is sponsored by this board, if any.
Authority
A. The board reserves the right to designate and prohibit the distribution of printed materials which are not protected by the right of free expression because they violate the rights of others;
B. The board reserves the right to halt the distribution of unprotected materials;
C. The board shall require that students who wish to distribute materials submit them for prior review. Where the reviewer cannot show within two school days that the materials are unprotected, or where unprotected material is deleted or modified so as to be no longer unprotected, such material may be distributed. Appeal from prior review shall be permitted to the chief school administrator and board in accordance with district rules;
D. The board shall require that the distribution of printed materials take place only at the places and during the times established by this board, set forth in the rules and regulations of this district, in order that such distribution not interfere with the orderly operation of the schools.
Delegation of Responsibility
The Superintendent of Schools shall develop rules and regulations for the distribution of printed material which shall include procedures for the prior review of all material to be distributed. Such procedures shall: designate a reviewer, who shall bear the burden of showing the material to be unprotected; require that the time consumed by the review process not be so excessive as to constitute a prohibition in itself; and delineate an appeal process. Designate the places at which and the times during which material may be distributed; require that students who distribute printed materials shall be responsible for clearing any litter that results from their activity; and, provide disciplinary action for those students who distribute printed materials in contravention of this policy and the rules and regulations of this district.
Web Sites
School-sponsored web sites are also subject to this policy and to the same regulatory constraints as are print publications.
Adopted: No Date
NJSBA Review/Update: December 2009; December 2010
Readopted: October 24, 2011
Key Words
Publications, Student Publications
Legal References: N.J.S.A. 18A:11-1 General mandatory powers and duties
N.J.S.A. 18A:36-35 School Internet web sites; disclosure of certain student information prohibited
N.J.S.A. 18A:54-20 Powers of boards (county vocational schools)
N.J.A.C. 6A:8-3.1 et seq. Implementation of the Core Curriculum Content Standards
Tinker v. Des Moines Independent School District, 393 U.S. 503 (1969)
Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986)
Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988)
Desilets v. Clearview Regional Board of Education, 137 N.J. 585 (1994)
Possible
Cross References: *1111 District publications
5145 Rights
5145.2 Freedom of speech/expression
*5145.5 Photographs of students
*6142.10 Technology
*Indicates policy is included in the Critical Policy Reference Manual