Code: IB
Adopted: 3/09/04 
Revised/Readopted: 10/11/22 
Orig. Code: IB 

Students have a general right to freedom of expression within the school system. The ESD requires,  however, that students exercise their rights fairly, responsibly and in a manner not disruptive to other  individuals or to the educational process. 

1. Freedom of Student Inquiry and Expression
   
   
   1. Generally, students and student organizations are free to examine and discuss questions of  interest to them and to express opinions publicly and privately within the school system,  provided such examination and expression is fair and responsible and is not disruptive to other  individuals or to the educational process. Students may support or oppose causes by orderly  means which do not disrupt other individuals or the operation of the school.
      
      
   2. In the classroom, students are free to examine views offered in any course of study, provided  such examination is expressed in a responsible manner.
      
      
2. Freedom of Association 

Students are free to organize associations to promote their common interests. Student organizations should  be open to all students. Membership criteria may not exclude students on the basis of age, race, religion,  color, national origin, sexual orientation, gender identity, disability, marital status, familial status, parental  status, linguistic background, culture, socioeconomic status, capability, geographic location or sex. Each  student organization must have a staff adviser to counsel and, when necessary, supervise students in the  organization. All student organizations must submit to the school a statement of purpose, criteria for  membership, and rules and procedures.  A list of officers and members must also be available upon  request.  School administrators may establish reasonable rules and regulations governing the activity of student organizations.

3. Publications K-8, Displays and Productions

On occasion, materials such as leaflets, newsletters, cartoons and other items including displays and  productions are prepared, produced and/or distributed by students as part of the educational process and  free expression in an academic community. Materials may be reviewed by the administrator, or may be  restricted or prohibited pursuant to legitimate educational concerns. 

Such concerns include: 

a.  The material is or may be defamatory; 

b.  The material is inappropriate based on the age, grade level and/or maturity of the audience; 

c.  The material is poorly written, inadequately researched, biased or prejudiced;

d.  Whether there is an opportunity for a named individual or named individuals to make a  response; 

e.  Whether specific individuals may be identified even though the material does not use or give  names;

f.  The material is or may be otherwise generally disruptive to the school environment. Such disruption may occur, e.g., if the material uses, advocates or condones the use of profane  language or advocates or condones the commission of unlawful acts; 

g.  Students, parents and members of the public might reasonably perceive the materials to bear  the sanction or approval of the ESD.

High School Student Journalists 

Generally, high school student journalists have the right to exercise freedom of speech and of the press in school-sponsored media. “School-sponsored media” means materials that are prepared, substantially  written, published or broadcast by student journalists; that are distributed or generally made available,  either free of charge or for a fee, to members of the student body; and that are prepared under the direction  of a student media adviser.

School-sponsored media does not include media intended for distribution or  transmission solely in the classrooms in which they are produced.  School-sponsored media prepared by student journalists are subject to reasonable time, place and manner  restrictions, pursuant to state and federal law. School-sponsored media cannot contain material that:

1. Is libelous or slanderous;
2. Is obscene, pervasively indecent or vulgar;
3. Is factually inaccurate or does not meet journalistic standards established for school-sponsored  media;
4. Constitutes an unwarranted invasion of privacy;
5. Violates federal or state law or regulation; or
6. So incites students as to create a clear and present danger of:

a.  The commission of unlawful acts on or off school premises; 

b.  The violation of ESD policies; or 

c.  The material and substantial disruption of the orderly operation of the school. A school official  will base a forecast of material and substantial disruption on specific facts, including past  experience in the school and current events influencing student behavior, and not on  undifferentiated fear or apprehension. 

[Modifications or removal of items may be appealed in writing to the superintendent. The superintendent  shall schedule a meeting within three school days of receiving the written appeal. Those present at the  meeting shall include the individual(s) making the appeal, the individual(s) who made the decision to  modify or remove materials and the superintendent. At the superintendent’s discretion, the ESD’s legal  counsel may also attend the meeting. The superintendent shall make a decision within three school days of  the meeting. The superintendent’s decision shall be final and binding on all parties.

If the complainant is not satisfied with the decision of the superintendent, the complainant may appeal to the Board under established ESD procedures.

END OF POLICY 

Legal Reference(s):

• ORS 174.100
• ORS 332.072
• ORS 334.125(7)
• ORS 336.477
• ORS 339.880
• ORS 339.885
• ORS 659.850
• ORS 581-021-0050
• OAR 581-021-0055
• Equal Access Act, 20 U.S.C. §§ 4071-4074 (2018).
• Westside Cmty. Bd. of Educ. v. Mergens, 496 U.S. 226 (1990).
• Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260 (1988).
• U.S. CONST. amend. I;  U.S. CONST. amend. XIV.
• OR. CONST., art. I, § 8.
• House Bill 3041 (2021).

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