Clovis Municipal Schools
Board Policy: JHC
STUDENT PUBLICATIONS (SCHOOL PUBLICATIONS CODE)
Adopted: August 10, 2004
Page 1 of 31. Purpose
As stated in Board Policy JHC, 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 may reflect all areas of student interest, which
may include topics about which there may be dissent or controversy.
2. Responsibilities of student journalists
In addition to the responsibilities set forth in Board Policy JHC, students who
work on official student publications will:
a. Rewrite material, as required by the faculty advisers to improve sentence
structure, grammar, spelling and punctuation.
b. Check and verify all facts and verify the accuracy of all quotations.
c. In the case of editorials or letters to the editor concerning controversial
issues, provide space of rebuttal comments and opinions.
If the Board determines that advertising is allowed in the publication, the student
editor will determine the content of any advertisements.
3. Responsibilities of publications adviser
It shall be the responsibility of the publications adviser to supervise the production
of the publication and to teach and encourage free and responsible expression
and professional standards for English and journalism. If participation in the
publication is part of a school class or activity for which grades or school
credits are given, the publications adviser may establish or limit writing assignments
for the students working with the publication and otherwise direct and control
the learning experience that the publication is intended to provide. The publications
adviser will exercise general supervision over all activities to create proper
learning environment.
4. Prohibited materials
a. Students may not publish or distribute material, which is obscene. "Obscene" means:
(1) The average person applying contemporary community standards finds that the
publication, taken as a whole, appeals to a minor©ˆs prurient interest
in sex.
(2) 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.
(3) The work, taken as a whole, lacks serious literary, artistic, political or
scientific value.
b. Students may not publish expression, 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©ˆs reputation
in the community.Clovis Municipal Schools
Board Policy: JHC
STUDENT PUBLICATIONS (SCHOOL PUBLICATIONS CODE)
Page 2 of 3c. Expression 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 the law.
Under the "fair comment rule," a student is free to express an opinion
on matters of public interest. Specifically, a student enjoys a privilege to
criticize the performance of teachers, administrators, school officials and other
school employees.
d. Expression 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 in 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.
5. Time, place and manner restrictions
The principal will coordinate with the publications adviser 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.
6. Procedures for resolving differences
Student editors will work first with the publications adviser to resolve any
differences. If the problem cannot be resolved at this level, the petitioner
shall work with the principal to resolve any problems. If the problem is not
resolved at the principal level, the petitioner shall work with the superintendent
to resolve any problem. If the problem is not resolved at the superintendency
level, the petitioner shall work with the Board of Education. The timeline for
submission and response to conflicts is as follows:
a. Petitioner has one day from the time of the first denial to submit problem
to the publications adviser. The publications adviser has one day to respond.
b. If the conflict is unresolved, petitioner has two days from the time of the
second denial to submit the problem to the principal. The principal has two days
to respond.
c. If the conflict is unresolved, petitioner has five days from the time of the
third denial to submit the problem to the superintendent. The superintendent
has three days to respond.
d. If the conflict is unresolved, petitioner has ten days from the time of the
fourth denial to submit the problem to the Board. The Board will respond at the
next regularly scheduled evening meeting.
Clovis Municipal Schools
Board Policy: JHC
STUDENT PUBLICATIONS (SCHOOL PUBLICATIONS CODE)
Page 3 of 37. Legal advice
a. If, in the opinion of the student editor, student editorial staff or the
publications adviser, material proposed for publication may be "obscene," "libelous," or "cause
a substantial disruption of school activities," the legal opinion of the
school district©ˆs attorney should be sought if authorized by the
principal.
b. Legal fees charged in connection with this consultation will be paid by
the District.
8. Underground Student Publications
An underground student press should not be prohibited, assuming it observes
the normal rules for responsible journalism. However, the building principal
has the authority to restrict the distribution of such materials by designating
the time and place the materials may be distributed.