Schools to review flier rules

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Schools to review flier rules

County examines legality questions

By Matt Deegan, the Daily Progress (Charlottesville, Virginia), September 8, 2006

Religious groups’ contention that the Albemarle County School Board’s flier distribution and building access policies are unconstitutional has prompted the division to change its guidelines.

The board, however, has yet to reach a consensus on whether to allow all groups to distribute fliers and use buildings or limit circulation and building use to school and government organizations. A third option for flier distribution is to end it altogether.

After students at Hollymead Elemen-tary were denied permission to hand out fliers announcing a church-sponsored vacation Bible school during summer session, their father contacted Liberty Counsel, a nonprofit group that offers litigation and policy advice. Liberty Counsel sent a letter to Albemarle County officials advising that the school system’s flier distribution policy was unconstitutional. Soon after, county School Board attorney Mark Trank called Liberty Counsel explaining that the board would change its policy.

The Child Evangelism Fellowship also requested that the school hand out Bible club fliers and asked if "good news clubs" could meet in school classrooms after school.

"In situations like this, unless we hear back from a parent, teacher or school board member, we leave [the issue] alone," said Robin Bryant, public relations director for Liberty Counsel.

The county’s old policy prohibits "distribution of literature that is for partisan, sectarian, religious or political purposes." It now allows religious groups to meet and distribute materials in classrooms, pending the new policy.

Its practice now complies with the Equal Access Act, a national law passed in 1984 that gave all clubs, regardless of their affiliation, equal treatment.

A new policy is being developed, said Diane Behrens, director of support and planning services for county schools.

"We’re looking at examples from other school districts and our attorney is making sure we’re within the legal parameters," she said.

At its Aug. 24 meeting, the Albemarle School Board discussed which policies were best suited for the division.

Because other nonprofits such as the Boy Scouts meet after school, the division must allow access to all groups during that time, Behrens said in her presentation to the board.

"As long as you treat community organizations similarly, you’re OK," Trank said about the possibility of litigation.

There was little disagreement among the board on building use.

Board member opinions, however, differed on the flier distribution policy.

Behrens, who approves all flier requests, explained that the process takes her two to three weeks because she assesses each request and then passes the fliers on to each school, and it then decides how to dole them out.

Brian Wheeler, the at-large School Board member, supported allowing all outside groups that provide a service to the community to give out fliers. However, he proposed that each flier have a disclaimer explaining that Albemarle County schools are not affiliated with the mission of any group.

"If we did that, I think the benefits we get as a community from advertising some of these services that are important to our families would outweigh the downside of things going out that we might have otherwise said no to in the past," he said.

Board member Jon Stokes, of the Samuel Miller District, agreed that fliers are a useful way to spread information.

"Some of the kids are unable to be reached in other ways," he said.

Trank elaborated on this all-encompassing policy proposal.

"Really what you’re doing is creating an exception to the non-public forum rule," he said. "Public schools are operated as non-public forums. Outside organizations don’t have the right to come in, teach classes and conduct their activities during the school day, but by allowing limited rights to outside organizations to have materials distributed, you’re creating a limited public forum. You have the right to close that limited forum if you decide that it’s too much or it gets to be out of hand."

Closing this forum would mean eliminating fliers altogether or limiting distribution to school- and government-affiliated groups.

Diantha McKeel, from the Jack Jouett District, expressed concern over whether schools would be swamped with requests from different groups if the board adopted an all-inclusive policy.

In explaining the opinions of division principals, Superintendent Pam Moran said that some wished fewer fliers were distributed while others felt it was a useful service.

Moran recognized the value fliers have to the community, but she was also concerned that the large volume of fliers that would have to be prepared by teachers would get them sidetracked from their primary job.

Teachers arrange a packet of homework summaries and school announcements that go home to each child, and included in these packets would be each flier that is approved.

"The reality is that when staff are [putting the packets together] and every time they are putting four times 25 of something that’s not school-related in them, those are minutes that are subtracted from work with students, and I think we have to work on monitoring to make sure there’s not an adverse effect," Moran said. "And it’s not just about good news clubs, it’s in general. We get inundated with fliers from every group and organization in town."

While recognizing the worth of community groups announcing their services, McKeel questioned the role of public schools as the messenger.

"I actually think we are competing with the private sector," McKeel said. "I’m a little concerned."

The board is researching how other school divisions handle distribution and will discuss the issue again at its next meeting. The next board meeting is scheduled for 6:30 p.m. Thursday at the Albemarle County Office Building.

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