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Atascadero USD |  BP  5145.2  Students

Freedom Of Speech/Expression: Publications Code   

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Free inquiry and exchange of ideas are essential parts of a democratic education. The Board of Trustees respects students' rights to express ideas and opinions, take stands, and support causes, whether controversial or not, through their speech, writings, printed materials and/or the wearing of buttons, badges and other insignia.

(cf. 6144 - Controversial Issues)

Student freedom of expression shall be limited only as allowed by law in order to maintain an orderly school environment and to protect the rights, health and safety of all members of the school community. Students shall not be disciplined solely on the basis of constitutionally protected speech or other communication.

(cf. 5137 - Positive School Climate)

(cf. 5144 - Discipline)

The Superintendent or designee shall ensure that due process is followed when resolving disputes regarding student freedom of expression.

(cf. 6145.3 - Publications)

Legal Reference:

EDUCATION CODE

48907 Exercise of free expression; rules and regulations

48950 Speech and other communication

51520 Prohibited solicitations on school premises

UNITED STATES CODE, TITLE 20

4071-4074 Equal Access Act

COURT DECISIONS

Harper v. Poway Unified School District, (2005) 445 F.3d 1166

Perumal et al v. Saddleback Valley Unified School District, (1988) 198 Cal. App. 3d 64

Collin v. Smith, (1978) 447 F. Supp. 676, affd. (1978) 578 F.2d 1197, cert. den. (1978) 439 U.S. 916

Tinker v. Des Moines School District, (1969) 393 U.S. 503

Policy ATASCADERO UNIFIED SCHOOL DISTRICT

Adopted: October 5, 1999 Atascadero, California