Escolar Documentos
Profissional Documentos
Cultura Documentos
Defendants.
Now comes Plaintiffs, Christians in Action Club and student leaders, by and
through the parents of the leaders of the club and through counsel at Independence
INTRODUCTION
1. This a civil rights action under 42 U.S.C. § 1983, and the First and
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before the start of school and thirty minutes after the end of school unless
4. Regulation 220-0 would thus prohibit a student from handing out invitations
school day.
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5. Under Regulation 220-0, students are given even fewer rights outside of the
school day than any average citizen, who is permitted under the U.S.
7. Principal Harris has not only been granted unbridled discretion by the
request by the Bible Club to post flyers advertising the time and location of
their club meetings despite granting requests from other school clubs to post
their flyers. He told the Bible Club students they would only be permitted to
post the flyers if they agreed to remove a Bible verse from the flyer. The
verse was Mark 16:15: “Go into all the world and preach the gospel to all
creation.” Only after involvement of counsel, did Principal Harris rescind his
denial.
manner when he denied the Bible Club’s request for permission to offer
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request was made well in advance of the day the students planned to offer
Bibles to classmates. But Principal Harris not only denied the students’
request to offer Bibles during lunch, he went further than the actual request
and stated broadly that students are “not permitted to handout Bibles during
the school day.” The principal’s denial email then invited the student to
submit another request “if he would like to request to distribute them outside
9. Not only does MASD prohibit students from offering literature to other
10. MASD prohibited the students in the Bible Club from offering the Bible to
12. The District’s censorship of Plaintiffs’ religious speech, and the Policies on
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which that censorship was based, violate the First and Fourteenth
13. This action arises under the United States Constitution, particularly the First
15. This Court is vested with authority to issue the requested declaratory relief
under 28 U.S.C. §§ 2201- 2202 and Federal Rule of Civil Procedure 57.
16. This Court has authority to award the requested injunctive relief under 28
1343(a)(4).
18. This Court is authorized to award attorneys’ fees under 42 U.S.C. § 1988.
Pennsylvania because the facts underlying this suit arose there and because
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God and each other, serving together, and studying and sharing the Bible
and its principles with each other and other students at MASH. The Bible
21. The parents through whom this case is being brought, L.B., K.H., C.H.,
E.W., and C.W., are all parents of the leaders of the Bible Club.
22. Defendant Mechanicsburg Area School District is organized under the laws
of the State of Pennsylvania and may sue and be sued. 24 Pa. Cons. Stat. §
2-213 (“Each school district shall have the right to sue and be sued in its
corporate name.”).
23. The District is charged with and is responsible for the formulation, adoption,
literature distribution.
24. The District is charged with and responsible for the enforcement of its
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25. Dr. Mark Leidy (“Leidy”) is the Superintendent of MASD and is sued in his
official capacity.
26. David Harris (“Harris”) is the Principal of MASH, which is the high school
ALLEGATIONS OF FACT
MASD POLICIES
REGARDING STUDENT RELIGIOUS EXPRESSION
27. Policy 220 and the Student Handbook provide that the board reserves for
itself the right to “designate and prohibit” student expression that it deems is
29. Policy 220 and the Student Handbook both prohibit all expression that
“violates the rights of others,” and the Handbook defines “expression [that]
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33. The Middle School and Elementary School handbooks both include the
30. The students in the Bible Club, in light of their sincerely held religious
being true.
discrimination on its face in violation of the Free Speech Clause of the First
Exhibit A; Exhibit B.
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Exhibit B.
Id.
students from any distribution of literature at any time during the school day.
states:
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37. The principal has not designated any additional times in writing.
38. The place restrictions in the Administrative Regulations not only prohibit
any distribution of literature in or around the building, but designate that the
only place where students can offer literature to their classmates is where
every member of the general public already has the right to offer
Exhibit C, ¶ 6.
40. The principal has not designated any additional places in writing.
and get pre-approval to hand out materials on the public sidewalks bordering
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away student speech rights in the school and even seeks to regulate their
42. The Bible does not fit into the narrow constitutional exceptions of speech
that can be restricted in public schools, like lewd speech or that which
43. Prohibiting the offering of Bibles to fellow students (or a copy of any piece
of literature for that matter, including the Constitution) during the entirety of
the school day and anywhere on the inside of the building at any time of day
Amendment rights, not just the students involved in this lawsuit, and does
45. Even a cursory review of MASD policies and the Student Handbook reveals
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46. Students may already congregate together and talk during these
where student clubs could even hold meetings should they desire. Exhibit D,
48. Policy 122 also designates “before actual classroom instruction begins or
Id.
49. All students at MASH are located in the same building and share several
50. Sophomore, Junior, and Senior students who meet certain criteria have
the adjacent courtyard when the weather is favorable, where eligible students
51. “During the lunch period, [students] may move freely within the cafeteria”
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Handbook, at 15.
52. Students, including but not limited to those in the Bible Club, have obtained
permission to set up tables during lunch for the purpose of having students
come up to the table and interact or sign banners, which occurs without any
substantial disruption.
53. District Policy 220, Administrative Regulation 220-0, and the Student
principals or designee.
54. Policy 220’s time and place restrictions do not specify any time or place
Exhibit B.
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following times: Thirty (30) minutes before the official start of school;
Thirty (30) minutes after the official end of school; and as otherwise
56. Neither Policy 220 nor the Student Handbook contain any writing
58. Similar to the unbridled discretion given as to time, the school restrictions on
place also give unbridled discretion. The restrictions state in relevant part:
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59. Neither Policy 220 nor the Student Handbook contain any writing
60. The District’s policies lack any guidelines or directives to guide the
be distributed by students.
61. The discretion given to District officials in the District’s policies leave
63. The District’s policies and practice impose an unconstitutional prior restraint
64. The District’s policies and practice are overbroad because they sweep within
their ambit all literature protected by the First Amendment and chill the
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65. Principal Harris has not only been granted unbridled discretion by the
discriminatory manner.
66. At the beginning of the 2018-19 school year, he denied a request by the
Bible Club to post flyers advertising the time and location of their club
meetings despite granting requests from other school clubs to post their
67. He told the Bible Club students they would only be permitted to post the
68. The verse was Mark 16:15: “Go into all the world and preach the gospel to
all creation.”
69. Only after involvement of counsel did Principal Harris rescind his denial.
71. The students in the Bible Club sent a request to their teacher advisor on
November 5, 2018, and their teacher adviser, sent the request to Principal
interested fellow students at lunch from their gratefulness table, as the Bible
was something the students were thankful for. Exhibit I, request and denial
emails.
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72. The students had also requested to have a table at lunch for what they called
sign a poster stating what they are grateful for; the Bible Club students
73. These requests were made well in advance of the planned event.
74. The students were approved to set up a table at lunch, display a poster, and
allow students to stop by the table and sign the poster. Id.
75. But the request to offer Bibles during that same time and at the same
76. The building principal, Mr. Harris, not only denied their request to distribute
distribution, but went further than the actual request and stated broadly they
are “not permitted to handout [sic] Bibles during the school day.” Id.
77. Principal Harris’ email denying their request to offer Bibles to classmates at
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Thank you,
Dave [Harris]
78. The Bible Club teacher advisor provided Principal Harris’ denial email to
79. Students distribute literature and other non-school materials with various
types of secular messages including, but not limited to, notes, party
81. Students and student groups, including but not limited to the Bible Club,
82. Other student clubs have sold items such as t-shirts, tickets, candy grams,
and handed out items such as candy, stickers, and ribbons. While it’s not
clear at this point whether the school gave permission to do so, those
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83. On December 31, 2018, counsel for the students sent a letter to MASD
Superintendent, Solicitor, and Board Secretary asking that they permit the
non-instructional time.
84. Mr. Harris’ initial denial email and later statements by the school continue to
show that the only time they will permit distribution of Bibles is before or
school policy.
85. For example, the Superintendent, Mark Leidy, sent a press release to NBC
86. One Bible Club student leader, as well as counsel, spoke at the MASD
School Board meeting on January 8, 2019, and another Bible Club student
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leader had his statement read into the record, requesting the school change
the policy and practice and permit them to offer Bibles to classmates during
that they were already given permission to sit at a table at lunch during the
come up and sign a gratefulness poster. This was not substantially disruptive
to the educational environment. The students told the board they simply
87. On the chance that MASD might alter its policies and back away from their
complete prohibition during the school day, counsel for the Bible Club
students sent a letter to the School’s attorney on January 10, 2019. The letter
Exhibit K.
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88. Counsel for MASD chose not to respond to that request, and instead simply
restated that the students can re-apply and distribute non-school materials
unconstitutional.
89. The Bible Club students continue to desire to offer Bibles to interested
90. The Bible Club students desire school policies and procedures to be changed
property.
91. The Bible Club students desire the unbridled discretion vested in the
92. The Bible Club students also ask that the content and viewpoint prohibition
ALLEGATIONS OF LAW
93. All of the acts of MASD, Leidy, and Harris were executed and are
94. The Bible Club has no adequate or speedy remedy at law to correct the
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95. Unless MASD’s literature distribution policy and practice are enjoined, the
Bible Club students, as well as all other students in the school, will continue
96. The loss of the students’ First Amendment freedoms, for even a minimal
97. The above paragraphs are reincorporated as if fully set forth herein.
98. The First Amendment’s Freedom of Speech Clause, incorporated and made
99. The Free Speech Clause prohibits schools from limiting student speech
unless such speech would substantially interfere with the orderly operation
of the school. See Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S.
503, 505 (1969); K.A. v. Pocono Mt. Sch. Dist., 710 F.3d 99 (3d Cir. 2012).
100. Any valid time or place regulations on the distribution of literature may only
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operation of schools and where ample alternatives to speech are upheld. See
Gregoire v. Centennial Sch. Dist., 907 F.2d 1366, 1382 (3d Cir. 1990).
students from any distribution of literature at any time during the school day.
Exhibit C, at 2.
104. The principal has not designated any additional times in writing.
distribution
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Id.
106. The principal has not designated any additional places in writing.
107. The only place where students may distribute literature is where every
member of the general public already has the right to offer literature, “public
108. In fact, in addition to being overbroad and an unconstitutional time and place
students ask permission and get pre-approval to hand out materials on the
MASD has taken away student speech rights in the school and even seeks to
regulate their speech rights during non-school hours on public sidewalks that
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109. The policies are overbroad and encompass anything written or printed for
with the work of the school or rights of other students. See Saxe v. State
College Area Sch. Dist. 240 F.3d 200, 216 (3d. Cir. 2001).
113. Schools cannot limit a student’s ability to hand out literature to outside of
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Waynesboro Area Sch. Dist., 673 F. Supp. 1379, 1380, 88 (M.D. Pa. 1987);
see also Slotterback v. Interboro Sch. Dist., 766 F. Supp. 280, 299 (E.D. Pa.
1991).
114. Pennsylvania law makes clear that schools may limit the “time and place of
115. “A proper time and place set for distribution is one that would give the
116. Entirely prohibiting distribution at any time or place during the school day,
and at any place other than the “public sidewalks bordering school property”
outside of school hours does not give ample opportunity to reach fellow
students. Some students leave early, others go directly to cars and buses.
Pushing students to the edge of campus not only fails to give ample
117. “The place of the activity may be restricted to permit the normal flow of
118. The normal flow of traffic within the school will not be impeded by
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119. Nor would the normal flow of traffic at lunch be impeded by an individual
commons where students are already permitted to walk around freely, for
instance.
121. Policy 220 in conjunction with District Administrative Regulation 220-0 are
WHEREFORE, Plaintiffs respectfully prays that the Court grant the relief
122. The above paragraphs are reincorporated as if fully set forth herein.
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124. This discretion does not solve any constitutional infirmity, but instead vests
he favors inside the school and during school hours or to push literature he
127. Policy 220 in conjunction with District Administrative Regulation 220-0 and
WHEREFORE, Plaintiff respectfully prays that the Court grant the relief set
128. The above paragraphs are reincorporated as if fully set forth herein.
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129. Policy 220 and the Student Handbook provide that the board reserves for
itself the right to “designate and prohibit” student expression that it deems is
131. Policy 220 and the Student Handbooks prohibit all expression that “violates
the rights of others,” and the Student Handbooks all define “expression
[that] violate the rights of others” as expressions that “[s]eek to establish the
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view.
is the rationale for the restriction.” Rosenberger v. Rector & Visitors of the
Good News Club v. Milford Cent. Sch., 533 U.S. 98, 112 (2001); see also
(striking down a policy that allowed school officials to screen out religious
materials: “It is also beyond dispute that the restraint is based on content, for
only after reviewing content does the school decide whether particular
136. School policies that prohibit expressions that “‘seek to establish the
[are] overbroad.” Miller v. Penn Manor Sch. Dist. , 588 F. Supp. 2d 606, 628
(E.D. Pa. 2008); Slotterback v. Interboro School Dist., 766 F. Supp. 280,
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296-97 (E.D. Pa. 1991) (such a ban at the elementary level is also
WHEREFORE, Plaintiffs respectfully prays that the Court grant the relief
137. The above paragraphs are reincorporated as if fully set forth herein.
139. The students in the Bible Club, in light of their sincerely held religious
being true.
general applicability.
141. The policy unconstitutionally burdens the students’ right to freely exercise
their religion.
142. The policy selectively imposes a burden on expression based on the religious
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discriminatory treatment.
143. The policy chills students’ freedom of religious expression and exercise,
WHEREFORE, Plaintiffs respectfully prays that the Court grant the relief
144. The above paragraphs are reincorporated as if fully set forth herein.
145. Read in conjunction, Policy 220, Administrative Regulation 220-0, and the
literature to classmates to thirty minutes before and after school and limit the
place to the public sidewalk bordering school property outside of the school
building.
146. These policies, however, vest authority in the principal, in this case Principal
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distribution.
times and places to favored speech and to relegate speech they do not favor
property.
150. The unbridled discretion also allows officials to conceal such censorship
criteria.
151. Principal Harris, has not only been granted unbridled discretion by the
request by the Bible Club to post flyers advertising the time and location of
their club meetings despite granting requests from other school clubs to post
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their flyers. He told the Bible Club students they would only be permitted to
post the flyers if they agreed to remove a Bible verse from the flyer. See
152. The verse was Mark 16:15: “Go into all the world and preach the gospel to
all creation.” Only after involvement of counsel, did Principal Harris rescind
his denial.
manner when he denied the Bible Club’s request for permission to offer
request was made well in advance of the day the students planned to offer
Bibles to classmates. But Principal Harris not only denied the students’
request to distribute Bibles during lunch, he went further than the actual
request and stated broadly the students are “not permitted to handout Bibles
154. The principal’s denial email then invited the student to submit another
request “if he would like to request to distribute them outside of the school
day....”
155. Even though the overbroad policies encompass anything written or printed
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156. As alleged previously, the Bible Club’s offering Bibles during lunch hour, a
the school.
157. Prohibiting the offering of Bibles, or any other written material for that
matter, to fellow students during the entirety of the school day and anywhere
Amendment rights, not just the students involved in this lawsuit, and does
159. These prior denials by Principal Harris, along with the overbreadth of the
Plaintiffs and third party students who might seek to engage in private
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non-instructional time.
160. MASH’s literature distribution policy and practice, as applied, violates the
restraining MASD, its officers, agents, employees, and all other persons
distribution policy;
Constitution;
c. That this Court adjudge, decree, and declare the rights and other legal
relations of the parties to the subject matter here in controversy, in order that
such declarations shall have the force and effect of final judgment;
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d. That this Court retain jurisdiction of this matter for the purpose of
e. That the Court award the students’ costs and expenses of this action,
1988;
f. That this Court award nominal damages for the violation of the
condition of bond or other security being required of the Bible Club; and
h. That the Court grant such other and further relief as the Court deems
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Exhibit H - Flyer...........................................................................................25
Exhibit A
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A
7. Clothing that presents a safety hazard, interferes with the educational process, or has the potential to cause a
disruption will not be allowed.
8. Coats, gloves, hats, sunglasses and outerwear jackets must be kept in student lockers throughout the day.
Exceptions to this rule may be made by the administration.
9. Clothing with slogans/pictures displaying or suggesting the use of tobacco, weapons, alcohol, drugs, obscene
language, sexual innuendos, lewd or illegal behavior or which is derogatory to any person/group for reasons of
race, religion, disability, age, gender, national origin, or sexual orientation in violation of civil rights laws
prohibiting harassment or discrimination is not permitted.
10. Clothing with ornamentation that will scratch or mark furniture or presents possible danger of injury to the wearer
or others (chains, spiked wrist bands, studded bracelets or belts, etc.) may not be worn.
FLAG SALUTE
2
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C
Exhibit C
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10
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D
Exhibit D
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D
Code 122
Status Active
Purpose
Extracurricular activities are of value in enhancing the intellectual, social, financial, professional,
physical, and spiritual development of their members and can occupy an important place in the lives of
students.
For purposes of this policy, extracurricular activities shall be those programs which are sponsored or
approved by the Board and are conducted wholly or partly outside the regular school day; marked by
student participation in the processes of initiation, planning, organizing, and execution; and equally
available to all students, including home education, charter and cyber education, who voluntarily elect
to participate.[1]
For purposes of this policy, an athletic activity shall mean all of the following:[2][3]
The Board shall make school facilities, supplies and equipment available and shall assign staff members
for the support of programs of extracurricular activities for students. Such availability and assignment
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shall be in accordance with the Equal Access Act.[4][5][7][16]
D
The Board encourages secondary level students to pursue clubs and interests that may not be related
directly to any of the curriculum programs offered in the district. In pursuit of such goal and in
compliance with law, the Board maintains a limited open forum in which secondary students may meet
for voluntary student-initiated activities unrelated directly to the curriculum, regardless of the religious,
political, philosophical or content of the speech related to such activities.
Any extracurricular activity shall be considered under the sponsorship of this Board when it has been
approved by the Board upon recommendation of the Superintendent.
The Board shall maintain the program of extracurricular activities at no cost to participating students,
except that the Board’s responsibility for provision of supplies shall carry the same exemptions as listed
in the Board’s policy on regular school supplies.[6]
Each activity, through an organization or association, will contribute 10% to the district allocated
operating expenses of that activity for all extra-curricular activities to which the district contributes
$1000 or more to the operating costs.
1. Meet the requirements for academic eligibility. Students participating in extracurricular activities
must maintain a passing grade in at least four (4) full-credit subjects or the equivalent.
2. Comply with the requirements of the Code of Student Conduct and established standards for
student participation in extracurricular activities, as well as Board policies and administrative
regulations.[8]
4. Be in attendance on the day of the practice, contest or public performance for the hours required.
5. Return all school equipment at the conclusion of the activity/season. Equipment will not be issued
for the next season until all previous issued equipment has been returned.
Off-Campus Activities
The Board shall be informed of all overnight or out-of-state trips approved by the
Superintendent. Students on extracurricular trips remain under the supervision and responsibility of this
Board and are subject to its rules and regulations.[17]
This policy shall also apply to student conduct that occurs off school property and would otherwise
violate the Code of Student Conduct if any of the following circumstances exist:[8]
1. The conduct occurs during the time the student is traveling to and from school or traveling to and
from school-sponsored activities, whether or not via school district furnished transportation.
2. The student is a member of an extracurricular activity and has been notified that particular off-
campus conduct could result in exclusion from such activities.
3. Student expression or conduct materially and substantially disrupts the operations of the school,
or the administration reasonably anticipates that the expression of conduct is likely to materially
and substantially disrupt the operations of the school.
4. The conduct has a direct nexus to attendance at school or a school-sponsored activity, for
example, a transaction conducted outside of school pursuant to an agreement made in school that
would violate the Code of Student Conduct if conducted in school.
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5. The conduct involves the theft or vandalism of school property.
D
6. There is otherwise a nexus between the proximity or timing of the conduct in relation to the
student’s attendance at school or school-sponsored activities.
Delegation of Responsibility
Each school year, prior to participation in an athletic activity, every student athlete and his/her
parent/guardian shall sign and return the acknowledgement of receipt and review of the following.[9]
[10][11][12]
Guidelines
1. Assesses the needs and interests of and is responsive to the district students.
7. Ensures that all extracurricular activities are open to all students and that all students are fully
informed of the opportunities open to them.[1][14]
Dues
All students should have the opportunity to participate in extra class activities of their choice, therefore
the amount of dues established by any organization should in no way restrict a student's choice of
activity.
Funds
The funds of all clubs and organizations must be deposited and disbursed through the district Business
Office.[15]
Projects
The projects of any club or organization must be evaluated in terms of the objectives or functions for
which the organization has been established.
Projects of any club or organization must have the approval of the building principal. In any event that
fund raising as deemed necessary to support an approved project, the club or organization must have
the specific fund raising activity approved according to school policy.
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Sunday Activities
D
The interscholastic athletic program and other extra-curricular activities provide students with an
opportunity to acquire skills and knowledge, and develop attitudes that can not be effectively realized
during the regular school day. Because these activities occur at times other than when school is in
session, there is difficulty in assuring that the time commitment required of the students is not
excessive. In the area of curricular activities the district has established a homework policy and priority
testing day policy to assure some balance in the demands placed on the student's personal time. To this
same end, the district feels an obligation to the student and his/her parent(s) or guardian(s) to assure
there will not be unrealistic expectations placed upon those who elect to participate in school sponsored
extra-curricular or co-curricular activities.
In keeping with the standards of the community relative to the generally accepted definition of the
"work week", and the acknowledgement of the "weekend" as the period when the family unit has time
for commonly planned activities, it is the intent of this district to assure that, whenever possible, no
mandated or organized activities be scheduled on Sundays. Any exception to this policy must be
approved in advance by the building Principal and Superintendent. This policy provides that students will
have a guaranteed minimum of one day per week away from the rigors of athletic practice and
competition or rehearsals. The policy also protects the economic interests of the school district by
eliminating the necessity to employ additional custodial services for Sunday practices or contests.
Finally, the policy will assure a respite for those who provide support for the extra-curricular activities,
i.e, custodial and maintenance staff, athletic trainers, administrative personnel, etc.
The district shall provide secondary students the opportunity for non-curriculum related student groups
to meet on the school premises during non-instructional time for the purpose of conducting a meeting
within the limited open forum on the basis of the religious, political, philosophical, or other content of
the speech at such meetings. Such meetings must be voluntary, student-initiated, and not sponsored in
any way by the school, its agents or employees. Non-instructional time is the time set aside by the
school before actual classroom instruction begins or after actual classroom instruction ends or during
lunch.[16]
The meetings cannot materially and substantially interfere with the orderly conduct of the educational
activities in the school.
The Superintendent or designee shall establish the length of sessions, number per week, and other
limitations felt reasonably necessary.
The district retains the authority to maintain order and discipline on school premises to protect the well-
being of students and employees and to ensure that attendance of students at such meetings is
voluntary.
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D
Legal 1. 22 PA Code 12.1
2. 24 P.S. 5322
3. 24 P.S. 5332
4. Pol. 103
5. Pol. 103.1
6. Pol. 110
7. 24 P.S. 511
8. Pol. 218
9. 24 P.S. 5323
Pol. 000
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E
Exhibit E
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E
STUDY HALLS
Study halls will be maintained as relatively quiet places to read or study. During your study hall period:
1. You may study or read. You may not sleep.
2. Prearranged passes must be presented to the study hall monitor if you need to see a teacher in another room.
3. You may use the Student Commons, if you have earned that privilege.
4. If you have secured a library pass via the electronic library sign-up, you may go directly to the library. You must
remain in the library until the end of the period. (Please review the Library procedures in this handbook.)
Please refer to the required form for more details. The deadline for submitting parent permission forms is August 28th.
The privileges will begin as soon as the paperwork is processed. Please be sure to check with Mrs. Collins in the main
office before exercising the privilege.
There will be NO late arrival when period 1 is not the first period of the day
There will be NO early dismissal when period 7 is not the final period of the day.
A list of ineligible seniors will be published weekly. No changes will be made mid-week.
Any senior who is not in his/her assigned area or who does not leave for home or work within the designated time will
lose the early dismissal privilege.
Student schedules will not be changed for the sole purpose of obtaining a period 1 or period 7 study hall.
STUDENT COMMONS
Students who qualify are permitted to sign out of a study hall and report directly to the Student Commons. In order to be
eligible for Student Commons, a student must:
1. Have a signed parent permission slip on file (for the current year). These forms are available in the high school office
and will be distributed at the beginning of the year.
2. Maintain first or second honors from the previous marking period.
Eligibility for the fall session is determined by your final grades from last year.
3. Have no AEA assignments the current or previous marking period.
4. Have no OSS placements, OSS placement will cause this privilege to be forfeited for the remainder of the year.
5. Be free of all financial obligations.
6. Seniors must be on track to completing their Graduation Project during the first marking period of their senior year to
be eligible unless they are a senior year transfer student.
7. Be a sophomore, junior, or senior.
If the weather is favorable, students may use the adjacent courtyard (the courtyard is off-limits during lunch periods).
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F
Exhibit F
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meals) to persons directly connected with the administration or enforcement of a Federal or State education program, as
permitted by section 9(b)(2)(C)(iii) of the Russell National School Lunch Act.
The Food Service Department utilizes a meal accounting system that allows you to prepay for your child’s meals, milk, and a
la carte purchases and reduces the chances of lost or misplaced money. Parents or guardians prepay (deposit) money into their
child’s individual account, which can be accessed by the Food Service staff. To deposit money into your child’s meal account
you may make an online payment using www.mySchoolbucks.com or send cash or a check (made out to MASD) to school
with your student. Students may only access their own meal account. No student is permitted to use another student’s account
to buy food. Students must present their student ID in all cashier lines. If a student does not have his/her ID on a given day,
he/she must wait to check out until all other students with IDs have been through the cashier lines.
Any unused meal account money will carry over from year to year. If you move out of the district, you may request a refund
in writing within 30 days of your child’s withdrawal date but no later than June 30 th of that school year. All refunds will be
issued by check. Students cannot receive a cash refund.
In accordance with the district’s Wellness Policy, all foods available in district schools during the school day shall be offered
to students with consideration for promoting student health and reducing childhood obesity.
Any food or beverage item consumed in the food service area from the beginning of the school day until the end of the last
lunch period will be limited to items sold by the food service department, except items brought from home and normally would
be considered a “bag” lunch. Any food or beverage item purchased or ordered from outside school premises by students,
parents, or staff members will not be allowed from the beginning of the school day until the end of the last lunch period. The
scheduling of “birthday” parties and the delivery of food prepared outside the food service department by parents or others will
not be allowed during lunch periods.
Parents are asked to contact Karin Marlin, Food Service Director, at 717-691-3437 or kmarlin@mbgsd.org if they have
questions about the school meal programs.
CAFETERIA GUIDELINES
After you are finished eating, you are expected to dispose of all trash and take your tray to the window at the front of the
cafeteria. During the lunch period, you may move freely within the cafeteria. Students may not leave the cafeteria, commons
or adjoining hallways without permission, Students desiring to leave the cafeteria/commons area must have a pass signed by a
cafeteria monitor. If the weather is favorable, students may use the adjacent (outside) courtyard. Food and drink are not
permitted in the courtyard.
You are responsible for returning all textbooks, library books, and other instructional materials that you borrow (you must
return the same textbook that you are issued, as confirmed by the textbook number recorded on the book receipt). You should
note any damage that exists when you are assigned the book, and record this information on the book receipt. You will be billed
the full replacement cost for any books/materials that you do not return, or that have been damaged beyond repair. If the book
is damaged but still usable, the subject teacher shall determine the amount of the bill based on the extent of the damage.
Students will be responsible for the care and maintenance of their assigned lockers. Students are not permitted to use or
maintain more than one locker during the school term and may not share lockers with other students. Having lockers is a
privilege that can be revoked for misuse (this includes physical education lockers).
Students are specifically advised that they should have no expectation of privacy with respect to their use of school lockers
which are subject to random, periodic, and/or sweeping inspections and searches (including the use of certified scent dogs),
consistent with MASD Policy #226 – Searches. Objects, materials or substances recovered during a locker search may be used
as evidence against the student in disciplinary proceedings.
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DISTRIBUTION OF MATERIALS
The school is not an open and public forum for distribution of outside literature and notices. Students are not permitted to
distribute outside literature at any time on school property unless they have the consent of the building principal. If consent to
distribute is given, the materials must contain the following statement: “This event, program, or group is not sponsored or
endorsed by the Mechanicsburg Area School District.” If consent is given, the time and location for distribution will be
determined according to district policy.
VOLUNTEER FIREFIGHTERS
Student firefighters are NOT generally permitted to leave school in order to assist with an emergency. However, if a critical
situation would arise – for which student assistance is truly needed – student firefighters may be excused at the request of the
fire chief and with the permission of their parents.
VISITORS
Student visitors are discouraged. Unique cases will be considered by the administration. Please request permission from an
administrator several days in advance if you feel you have a unique situation.
ANIMALS
With the exception of authorized service animals, animals are not permitted in the building. Students who wish to bring an
animal into the building must have administrative approval. The request will only be granted if doing so serves a worthwhile
educational purpose.
CURRICULUM
GRADUATION REQUIREMENTS
To be eligible for graduation students must earn at least 22 credits: four in English, three in social studies, three in science,
three in math, two in arts and humanities, one and one-half in health and physical education, one-half in the Graduation Project,
and the remaining five in electives. Proficiency on PA standardized testing is now a graduation requirement.
1. Plan your program of studies on a four-year basis, with your long-range goals in mind.
2. If you fail a course, you may need to make up credits. Your diploma will be issued only upon the completion of all
graduation requirements.
3. Keep in touch with your school counselor in order to avoid errors in scheduling and to make the most of your years
at MASH.
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Reidy, Joseph
Tulio,
I will have those posters printed tomorrow and shared with Mrs. Bentz for approval. I will also ask for a table next well.
The poster and activity sounds great.
Hold off on distributing Bibles for now. Let me check on that first with administration.
Best regards,
Mr. Reidy
Hello Mr Reidy,
Attached is the poster for the gratefulness week(which is next week). Can you get ten of these posters approved
by Mr.Harris this week?
Also, can you ask him for permission to have a table next week during lunch? We will have a poster so people
can put what they are thankful for, and we will be handing out Bibles, something we are thankful for.
--
Sincerely,
Tulio Huggins
1 Cor. 10:31
1
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Reidy, Joseph
Dave,
Thank you for this information. I will share it with Tulio today.
Best,
Joe
Joe,
Please inform him that he is not permitted to handout Bibles during the school day. Like other literature if he would like
to request to distribute them outside of the school day, he may submit a request which will be reviewed in accordance
with district policy and case law. At that time, a decision will be rendered. In addition to relevant case law, district
policy #220 provides some guidelines. Please feel free to share this with Tulio or to review it with him as you see fit.
Thank you,
Dave
https://www.boarddocs.com/pa/mechpa/Board.nsf/Public?open&id=policies#
He is requesting, respectfully, for Bibles to be handed out during lunch. I see an issue with this and I explained that to
him already. Would you be able to write me your response and I can read that to him verbatim?
Thank you!
Joe
1
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Hello Mr Reidy,
Attached is the poster for the gratefulness week(which is next week). Can you get ten of these posters approved
by Mr.Harris this week?
Also, can you ask him for permission to have a table next week during lunch? We will have a poster so people
can put what they are thankful for, and we will be handing out Bibles, something we are thankful for.
--
Sincerely,
Tulio Huggins
1 Cor. 10:31
2
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Reidy, Joseph
Please inform him that he is not permitted to handout Bibles during the school day. Like other literature if he would like
to request to distribute them outside of the school day, he may submit a request which will be reviewed in accordance
with district policy and case law. At that time, a decision will be rendered. In addition to relevant case law, district
policy #220 provides some guidelines. Please feel free to share this with Tulio or to review it with him as you see fit.
Thank you,
Dave
https://www.boarddocs.com/pa/mechpa/Board.nsf/Public?open&id=policies#
1
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K
Exhibit K
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K
I am in receipt of your letter dated January 10, 2019. In it, you stated:
By email dated November 8, the club advisor emailed Principal Harris on behalf of the
club requesting permission to hand out Bibles at lunch. Principal Harris responded by
email twenty (20) minutes later and invited the CIA club to “[S]ubmit a request which
will be reviewed in accordance with district policy and case law. At that time, a decision
will be rendered.” The club never submitted any request.1
You cut and pasted PART of a sentence, mid-sentence, and left out the rest. The entire email
from Mr. Harris says:
Joe,
Please inform him that he is not permitted to handout Bibles during the school day. Like other
literature if he would like to request to distribute them outside of the school day, he may submit
a request which will be reviewed in accordance with district policy and case law. At that time, a
decision will be rendered. In addition to relevant case law, district policy #220 provides some
guidelines. Please feel free to share this with [the student] or to review it with him as you see
fit.
Thank you,
Dave
https://www.boarddocs.com/pa/mechpa/Board.nsf/Public?open&id=policies#
As you can see, the building principal not only denied their request to distribute Bibles during
lunch, which occurred weeks before the planned distribution, but went further than the actual
request, and stated broadly they are “not permitted to handout Bibles during the school day.”
1
Page 2 of your January 10, 2019, letter.
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K
We all agree there are times before and after school which distribution of Bibles can occur. The
issue is whether it can happen at any time during the school day.
A) If what Mr. Harris said is not accurate, and students DO in fact have the ability to
distribute Bibles sometime during the school day, then let us know. We would love to
hear from you when those times are, so the students can exercise their free speech rights
to distribute Bibles to fellow students.
B) If what Mr. Harris said is accurate, and students are “not permitted to handout Bibles
during the school day” then please let us know that as well.2
We look forward to hearing from you. Please let us know by Monday, January 14th at noon
whether there are reasonable times for students to distribute Bibles during the school day to
fellow students.
Sincerely,
Jeremy L. Samek
Jeremy Samek
Senior Counsel, Independence Law Center
2
Based on what is written in Mr. Harris’ email, and MASD administrative regulation 220-0, we note that MASD
has taken the position that students may “only distribute non-school materials at the following times: Thirty minutes
before the official start of school; 30 minutes after the official end of school; and as otherwise designated by the
building principal in writing.” The only designation by the building principal in writing is that the students are “not
permitted to handout Bibles during the school day”.
23 N Front St • Harrisburg, PA 17101 • (717) 657-4990 • FAX: (717) 545-8107 • info@indlawcenter.org • independencelawcenter.org
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