All school-sponsored opportunities for student expression will comply with the rules set forth in this policy and in the Code of Conduct. The following expression is prohibited: libelous statements, unfounded charges and accusations, obscenity, false statements; materials or performances advocating or expressing prejudice, hatred, discrimination, harassment, bullying or violence that could constitute a violation of The Dignity Act or any other applicable federal or state laws, school policies and/or regulations; or materials or performances that may reasonably disrupt the educational process.
In addition, school-sponsored activities are not considered public forums. In such cases, the Superintendent or designee reserves the right to edit or delete such student expression which it believes is inconsistent with the District’s basic educational mission.
Procedural Due Process
When a student(s) presents material for inclusion in a school-sponsored publication to a school official with authority over the school publication, the school official must review and make a decision on inclusion in the publication within two (2) school days of submission of the material to him/her. If publication is denied, the student(s) may appeal the decision to the Principal. If the Principal agrees with the decision to withhold approval, the principal must state the reasons in writing and provide the students with a copy of the reasons within two (2) school days of the receipt of the appeal. The aggrieved student(s) may, within two (2) school days, appeal in writing to the Superintendent. The Superintendent must issue a written decision within two (2) school days after receiving the appeal.
Cross-ref: 0100, Nondiscrimination and Equal Opportunity
0115, Student Harassment and Bullying Prevention and Intervention
5300, Code of Conduct
Ref: Education Law Article 2, §§10-18 (Dignity for All Students Act)
Morse v. Frederick, 127 S. Ct. 2618 (2007)
Hazelwood School District v. Kuhlmeier, 484 US 260, 108 S. Ct. 562, (1988) (limits on student free speech rights in school
sponsored student publications)
Bethel School District v. Fraser, 478 US 675 (1986)
Tinker v. Des Moines Independent Community School Dist., 393 US 503, (1969) (limits on student free speech rights in school setting)
Thomas v. Board of Education, Granville Central School Dist., 607 F. 2d 1043 (1979)
Trachtman v. Anker, et al., 563 F. 2d 512 (1977)
Frasca v. Andrew et al., 463 F. Supp. 1043 (1979)
Matter of Beil and Scariati, 26 EDR 109 (1986)
Adoption date: December 1, 1995
Amended date: February 24, 2020
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