Superintendent Recommends Revisions to Board of Education Policy on
Distribution of Informational Material and Announcements


Dr. Jerry D. Weast, superintendent of schools, recommended today a series of revisions to the Board of Education's former Policy CNA, Distribution of Informational Material and Announcements, which was found to be unconstitutional in certain respects by a federal court earlier this month. A proposed process for revising the policy will be reviewed by the Board this Thursday, August 24, 2006, during its regularly scheduled business meeting.

The revisions would retain the past distribution practices of individual school Parent Teacher Associations (PTAs) and the Montgomery County Council of PTAs (MCCPTA) and establish a process in which all nongovernmental community organizations and businesses could distribute informational material directly to students through schools on the first day of each grading period. There are four grading periods each year.

The revisions respond to the Board of Education's interest in "having a policy that provides for the distribution of flyers and informational material to students in a manner that complies with the federal court decision," Dr. Weast said. The recommendations were made this morning after he had conferred individually with members of the Board's Policy Committee, including its chairperson, Sharon Cox, and committee members, Steve Abrams and Patricia O'Neill.

Implementation of the former policy was suspended shortly after the federal court decision and the only materials being distributed are those from the school system and government agencies. A revised policy is not expected before the beginning of the school year. The Policy Committee is scheduled to meet on August 30, 2006.

In making his recommendations, Dr. Weast said that MCCPTA and the PTA of individual schools were "strongly affiliated with the school system's efforts to ensure successful communication with parents and families in order to provide quality teaching and learning for their children. As such, the need of the PTAs and MCCPTA to communicate directly with parents is important to the mission of the school system."

The following resolution was recommended by the superintendent for the Board's approval:

WHEREAS, The Federal District Court of Appeals for the Fourth Circuit declared Board of Education Policy CNA, Distribution of Informational Material and Announcements, unconstitutional in certain respects on August 10, 2006; and

WHEREAS, Implementation of the policy was suspended on August 16, 2006, and informational materials distributed to students are now limited to materials from the Montgomery County Public Schools (MCPS) and other government agencies; and

WHEREAS, The Board of Education is desirous of having a policy that provides for the distribution of flyers and informational materials to students in a manner that complies with the federal court decision; and

WHEREAS, Parent Teacher Associations (PTAs) and the Montgomery County Council of PTAs (MCCPTA) are affiliated with individual schools and the school system in providing critical communication with parents and families in support of the mission of the school system; now therefore be it

Resolved, That the Board of Education refer to the Policy Committee the development of revisions to former Policy CNA, Distribution of Informational Material and Announcements, and that the committee consider the following potential components for inclusion in the revised policy:

- Distribution of flyers and other informational materials directly to students on the first day of each of the school year's four grading periods, including the beginning of the school year, for all non-governmental community organizations and businesses;

- Distribution of flyers and other informational materials by individual school PTAs and MCCPTA, as they have in the past;

- Distribution of flyers and other informational materials by schools, the school system, and other governmental agencies, as they have in the past;

- Display of flyers and other informational materials by community organizations, businesses, PTAs, MCCPTA, schools, the school system, and other government agencies on community information tables/bulletin boards/racks, if available;

and be it further

Resolved, That the Policy Committee recommend policy revisions to former Policy CNA to the Board of Education for consideration and action at its earliest possible opportunity.