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Littleton Public Schools Policy |
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Policy Code JICEA Policy Name School-Related Student Publications Adoption July 2, 1984 Revised June 23, 2011 |
School-Sponsored Publications
School-sponsored publications are a public forum for students as well as an educational activity through which students can gain experience in reporting, writing, editing, and understanding responsible journalism.
The Board of Education recognizes creative student expression as an educational benefit of the school experience; therefore, it encourages freedom of comment, both oral and written, in a school setting in which proper learning can take place.
The Board of Education encourages students to express their views in school-sponsored publications. In expressing their view, students should follow the rules and regulations for responsible journalism which means expression which is false or obscene, libelous, slanderous or defamatory under state law; which presents a clear and present danger of the commission of unlawful acts, violation of school rules or material, and substantial disruption of the orderly operation of the school; or which violates the privacy rights of others; or threatens violence to property or persons shall not be permitted.
Student editors of school-sponsored publications shall be responsible for determining the news, opinion, and advertising content of their publications subject to the limitations of this policy and state law. The publications advisor within each school shall be responsible for supervising the production of school-sponsored publications and for teaching and encouraging free and responsible expression and professional standards of journalism.
The publications advisor has authority to establish or limit writing assignments for students working with publications and to otherwise direct and control the learning experience that publications are intended to provide when participation in a school-sponsored publication is part of a school class or activity for which grades or school credits are given.
All school-sponsored publications shall contain a disclaimer that expression made by students in the exercise of freedom of speech or freedom of the press is not an expression of Board of Education policy. The District and employees are provided immunity from civil or criminal penalties for any expression made or published by students parenthetically (C.R.S. 24-10-102).
School Publications Code
The official school publications code is as follows:
Purpose
As stated in Board of Education policy, school-sponsored publications are a public forum for students as well as an educational activity through which students can gain experience in reporting, writing, editing, and understanding responsible journalism. Content of school publications should reflect all areas of student interest, including topics about which there may be dissent or controversy.
Responsibilities of Student Journalists
In addition to the responsibilities set forth in the accompanying Board of Education policy, students who work on official student publications will:
Rewrite material, as required by the faculty advisors, to improve sentence structure, grammar, spelling, and punctuation.
Check and verify all facts and verify the accuracy of all quotations.
In the case of editorials or letters to the editor concerning controversial issues, provide space for rebuttal comments and opinions.
If advertising is allowed in the publication, the student editor will determine the content of any advertisement using the standards as defined in the section “Prohibited Materials” of this document.
Responsibilities of Publication Advisors
In addition to the responsibilities set forth in the accompanying Board of Education policy, the publication advisor will exercise general supervision over all activities to create a proper learning environment. The advisor shall teach and encourage free and responsible expression and professional standards for English and journalism.
Prohibited Materials
Students may not publish or distribute material in any print or non-print media which is obscene. “Obscene” means:
The average person applying contemporary community standards finds that the publication, taken as a whole, appeals to a minor’s prurient interest in sex.
The publication depicts or describes in a patently offensive way sexual conduct, such as ultimate sexual acts (normal or perverted), masturbation, excretory functions, or lewd exhibition of genitals.
The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
Students may not publish expression in any print or non-print media which is libelous, slanderous, or defamatory under state law. “Libelous” is defined as a false and unprivileged statement about a person which injures the individual’s reputation in the community.
Expression in any print or non-print media which is false as to any person who is not a public figure or involved in a matter of public concern is prohibited.
If the allegedly libeled individual is a “public figure or official,” the official must show that the false statement was published with actual malice, as the terms are defined in law.
Under the “fair comment rule,” a student is free to express an opinion on matters of public interest, including school-related issues.
Expression in any print or non-print media which presents a clear and present danger of the commission of unlawful acts, violation of lawful school regulations, or material and substantial disruption of the orderly operation of the school, or which violates the rights of others to privacy is prohibited.
In order for a student publication to be considered disruptive, there must exist specific facts upon which it would be reasonable to forecast that a clear and present likelihood of an immediate, substantial material disruption to normal school activity would occur if the material were distributed. Undifferentiated fear or apprehension of disturbance is not enough; school administrators must be able to show affirmatively substantial facts which reasonably support a forecast of likely disruption. Material that stimulates heated discussion or debate does not constitute the type of disruption which is prohibited.
Time, Place, and Manner Restrictions
The principal will coordinate with the publications advisor on the time, place, and manner of distributing school-sponsored publications to reduce any conflict with school instructional time and/or reduce any disruption of the orderly operation of the school which might be caused by the distribution of school-sponsored publications.
Procedures for Resolving Differences
Student editors will work first with the publications advisor to resolve any differences. If the problem cannot be resolved at this level, the student editors and/or the publications advisor may work with the principal to resolve any problems. If the problem is not resolved at the principal level, the student editors and/or the publications advisor may work with the Superintendent or designee to resolve the problem. If the problem is not resolved at that level, the student editors and/or publications advisor may work with the Board of Education to resolve the problem. If the problem is not resolved at the Board of Education level, the student editors and/or publications advisor may seek relief through the judicial system.
Legal Advice
If, in the opinion of the student editor, student editorial staff, or faculty advisor, material proposed for publication may be “obscene,” “libelous,” or “cause a substantial disruption of school activities,” the legal opinion of the District’s attorney should be sought, if authorized by the Superintendent or designee.
Policy JICEA, including the Publications Code, shall be distributed to all publications, students, and teachers at the beginning of each school year.
Nonschool-Sponsored Publications
Students of Littleton Public Schools shall have the right to exercise freedom of speech and of the press, and no expression contained in a nonschool-sponsored publication in any print or non-print media shall be subject to prior restraint except for:
Expression which is obscene;
Expression which is libelous, slanderous, or defamatory under state law;
Expression which is false as to any person who is not a public figure or involved in a matter of public concern; or
Expression which creates a clear and present danger of the commission of unlawful acts, the violation of lawful school regulations, the material and substantial disruption of the orderly operation of the school, or which violate the rights of others to privacy.
Legal Reference: C.R.S. 22-1-120 (Rights of free expression for public school students)
C.R.S. 22-1-123(5)(e) (State law does not prevent a student who is working under the supervision of a journalism teacher or sponsor from preparing or participating in a survey, analysis, or evaluation without obtaining written parental consent as long as participation is not prohibited by federal law.)
C.R.S. 22-32-110 (1)(r) (Power to exclude materials that are immoral or pernicious)
Cross Reference: JLDAC, Screening/Testing of Students (& Treatment of Mental Disorders)
JICED, Student Expression Rights