504.3R3 Procedures For The use of Prior Restraint

PROCEDURES FOR THE USE OF PRIOR RESTRAINT


It is the policy of the Lewis Central Community School District that all official school publications shall be free from prior restraint by school officials except as provided by law and board policy. An editorial board comprising of participating students will operate under the supervision of a publications advisor. The editorial board shall be responsible for the content of the official student publication and shall be guided by the Iowa Code and ethical standards that are adopted by professional associations and societies of journalism. If, in the opinion of the editorial board, the publication advisor, the building principal or any other school official, the material proposed for publication may fall within the prohibitions of Board Policy No. 503.3 (1), then the superintendent may request a legal opinion from the school's attorney with respect to the appropriate use of prior restraint on the material in question. No material that has been questioned may be published or disseminated in an official school publication prior to acknowledgment by either the building principal or the superintendent that the material should be published. Students who believe they have been illegally restricted in the exercise of free expression as provided in Iowa Code Section 280.22 have the right to appeal the decision in writing as follows:

A. From a decision of a faculty advisor or building principal, an appeal may be made to the student faculty appeal panel.

B. From the superintendent's decision, an appeal may be made to the Board of Directors.

C. The Board of Directors may convene in a special meeting or may schedule the hearing for the next regular Board meeting. Both the superintendent and the affected students will be given the opportunity to present evidence and arguments with regards to the restricted material. The sole issue before the Board in an appeal will be whether or not the restricted material may be restrained under Iowa Code Section 280.22. No other issues may be presented to the Board on any other matter. The Board of Directors will make a decision that will include a finding of fact and conclusion of law and said decision shall be issued within 5 school days following the Board hearing.


Adopted: 04/08/91
Modified: 06/21/21
Reviewed: 06/07/21

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