From the Upper Arlington City School's Rights and Responsibilities Handbook, 2008-09:

FREEDOM OF EXPRESSION

Expression by Speech

Schools, by their nature, must encourage free inquiry and free expression of ideas. Oral expression is needed as a learning mechanism and as a psychological outlet. Schools should provide opportunities for students to express themselves orally.

a. Students have the right to free and dynamic expression of ideas. Such expression shall include the personal opinion of students. Controversial ideas are not to be avoided. The Board may regulate oral expression that would cause material and substantial disruption of the educational process, is vulgar and/or offensive or is inconsistent with the basic educational mission of the District.

b. Students shall not be encouraged or forced, by any means, to accept a purely personal and arbitrary opinion or idea.

c. Some time shall be available in the classroom for students to be responsible for the learning experience by means of oral expression.

d. A forum for the expression of legitimate students’ concerns shall be established and maintained in the high school and middle schools. The forum shall be attended by appropriate staff representatives when in session. It is recommended that each school follow one (1) of the two (2) methods described below when establishing a forum:

1. a student council; or

2. a panel of students, parents or guardians, teachers and administrators.

e. The following are regulations for speakers in schools:

1. Persons not employed by the individual school who desire to speak to any portion of the student body, in the school building or on the school grounds, must be first approved by the school’s principal. Denial of approval must be based on reasonable and objectively justifiable grounds.

2. Persons employed by the individual school who desire to speak to a large portion of the student body, in the school building or on the school grounds, must first be approved by the school's principal.

3. Persons employed by the individual school who desire to speak to a classroom or to an organization must first be approved by the classroom teacher or organization advisor/coach.

f. The following are regulations controlling announcements in school:

1. Persons not employed by the individual school must submit an application to the Office of the Superintendent in order to distribute written announcements. Public address announcements must be approved by the building principal or designee.

2. Persons employed by the individual school must have the approval of the building principal or designee before presenting a written or verbal announcement to a large portion of the student body.

3. Persons employed by the individual school must have the approval of the classroom teacher or the organization advisor/coach before presenting a written or verbal announcement to a class of students or to an organization.

4. If the request to make an announcement is refused, the request may be amended and resubmitted.

Expression By Writing

The rights of all citizens of the United States relative to freedom of the press are clearly laid down in the Constitution. Students of the District shall have the right to express themselves freely in written publications. Students shall be afforded opportunities to contribute to written publications, such as pamphlets, newspapers, yearbooks, and announcements, so that students may gain experience in understanding the rights and responsibilities incumbent upon individuals who write for the public. The Board may regulate written expression that would cause material and substantial disruption of the educational process, is vulgar and/or offensive or is inconsistent with the basic educational mission of the District.

The following guidelines shall give direction to the preparation of publications of school sponsored organizations:

a. Ongoing publications prepared by members of the student body for distribution to other students and to faculty shall be under the supervision of one (1) or more advisors.

b. Care shall be taken to guarantee that legitimate forms of expression on the part of students are not stifled.

c. Care shall be taken to ensure anonymity of all persons when articles deal with personal and/or sensitive issues.

d. The person(s) designated as editor or co-editors shall determine content of student publications.

e. The editor or co-editors and editorial staff shall be responsible for the accuracy, fairness, objectivity, final review and preparation of the articles for the paper under the direction of the appointed faculty advisor(s).

f. Articles that have been reviewed and rejected by the editor, co-editors, editorial staff, and/or advisor shall be returned to the authors. Authors may reconsider the content, amend the article, and resubmit it.

g. Space is to be reserved in the paper for the signed comments or opinions of nonstaff students.

h. Student publications shall not print unprotected speech.

i. Student publications will not be reviewed by the Board or administrators prior to publication unless requested by the faculty advisor(s) and/or the editor(s) or coeditor(s).

The following guidelines shall give direction to the preparation and distribution of publications of non-school-sponsored organizations:

a. A volunteer faculty advisor shall be nominated by the student group and approved by the school principal to work with any student group wishing to distribute publications in the school.

b. Students shall not solicit advertising from business or professional persons or from community groups.

c. Students shall not solicit funds or services from citizens of the community; however, funds or services may be obtained from the parents or guardians of students involved.

d. The person(s) designated as editor or co-editors shall bear full responsibility for content.

e. The publication shall be printed outside the school.

f. The manner of distribution in the school shall be in accordance with the guidelines by the school principal and agreed to by the Board.

g. All persons contributing articles to such publications shall acknowledge authorship of said articles.

h. No rules or regulations shall be made concerning the distribution of literature off school grounds.

Symbolic Expression

Symbolic expressions are defined herein as expressions, exclusive of verbal expressions, that convey the personal ideas, feelings, attitudes, or opinions of individuals in a manner more remote but no less valid than verbal expressions themselves. Under this definition, some element of subjectivity is attached to the concept of symbolic expression. If some form of symbolic expression is used, consideration must be given to the intention of the persons who are expressing themselves in an ostensibly symbolic manner. Further the Board has the right to regulate symbolic expression that may cause material and substantial disruption to the educational process, is vulgar and offensive or is inconsistent

with the basic educational mission of the District.

The Board recognizes the general rights of students to regulate their appearance, within the bounds and standards of common decency and modesty. Therefore, regulations covering the four (4) stated types of symbolic expressions – hair, clothing, buttons, badges, and other

symbols, and physical gestures – shall be directed at preventing only those situations wherein such expression:

a. causes material and substantial disruption of the educational process;

b. invades the rights of other students and faculty;

c. prevents the Board from carrying out statutory obligations or undermines educational or other programs undertaken in accordance with same;

d. may cause accidents or endanger the health or physical well-being of students or faculty; or

e. is vulgar, offensive or inconsistent with the basic educational mission of the District.

The Board believes that the primary responsibility for dress, grooming, and overall appearance of students rests with the parents or guardians of individual students and with the students.

Symbolic Expression Through Hairstyle

a. Hairstyle shall not be regulated unless and until it materially and substantially disrupts the educational process.

b. Some school programs – such as industrial arts, laboratory activities, physical education, and interscholastic athletics – may require special hair care to ensure the health and the safety of students.

Symbolic Expression Through Clothing

a. Dress resulting in exhibitionism shall be prohibited. The following are examples of unacceptable dress for school or school events:

1. Tube tops, bare midriffs, bare or uncovered backs, and see-through mesh shirts unless worn with an acceptable shirt/blouse. (Note: For specific events such as the prom, the principal may suspend certain parts of these dress prohibitions.)

2. Pants worn in a manner that exposes the buttocks.

b. Distracting types of clothing, jewelry and/or body piercing shall be prohibited when such clothing, jewelry and/or body piercing materially and substantially disrupts the educational process.

c. Dress prompting and/or advertising alcohol, tobacco, drugs, or dress that is sexually explicit shall be prohibited.

d. Footwear shall be worn at all times. Some school programs require special footwear to ensure health and the safety of students.

e. Due regard shall be given to common rules of cleanliness and to health standards.

Symbolic Expression Through Buttons and Badges

a. Students have the right to wear any insignia as long as it does not cause material and substantial disruption of the educational process, is not vulgar and/or offensive and is consistent with the basic educational mission of the District.

b. The wearing of any insignia with libelous or obscene words, phrases, or pictures is prohibited.

c. Insignias promoting and/or advertising alcohol, tobacco, or other drugs shall be prohibited.

Symbolic Expression Through Physical Gestures

a. Gestures that convey a connotation of obscene, intimidating, or disrespectful acts or that infringe on the rights of others are forbidden.

b. Politically oriented gestures are permitted unless such gestures are given to call for or to begin an overt and immediate disruption of the educational process.

c. A student has the right to refrain from saluting the flag, from repeating the Pledge of Allegiance, or from singing the National Anthem.