DBS CODE:  6145.41

INSTRUCTION

School Productions

Student productions are important elements of the instructional program and contribute directly to the accomplishment of the school's goals. The Board of Education shall encourage the development of school theatrical productions.

The Board recognizes that students have rights to free expression in student theatrical productions. Consequently, student speech shall be limited in officially sponsored student theatrical productions only if there is a legitimate educational reason to do so.  The administration shall develop regulations to provide guidance on such legitimate educational reasons.

Definition

School productions shall refer to any performance involving student participants and prepared for an audience, either within or outside the regular school day. Productions shall include, but not be restricted to, concerts, plays, variety shows and exhibits.

Requirements

School productions involving students shall meet the following criteria:

1.  Performances and productions shall contribute to educational goals and objectives and shall not substantially disrupt regularly scheduled school activities or classes.

2.  Include content that adheres to constitutional requirements for separation of church and state.

3.  Encourage inclusiveness and reflect sensitivity to diversity, race, religion, disability and ethnicity.

4.  Consideration by the faculty of the maturity levels of students and appropriate standards of theatrical taste.

5.  Performances shall be approved in advance by the principal.

6.  Sponsors shall avoid the extended use of a particular student group.

7.  Arrangements shall be made to provide proper supervision and to assure that participating students conduct themselves in a way that brings credit to the school.

8.  Performances that are scheduled outside school hours are preferred.

Student productions shall not contain speech which:

1.  is vulgar, indecent or obscene;

2.  contains libelous comments, personal attacks or abusive language such as language defaming a person’s character, race, religion, ethnic origin, gender, family status, or disability;

3.  causes or clearly threatens to cause a material and substantial disruption of normal school functions or school activities;

4.  encourages the commission of unlawful acts or the violation of lawful school rules; or

5.  promotes any product or service not permitted to minors by law.

Students may appeal a faculty advisor’s or principal’s decision to restrict production.

(cf. 6145.3 - Publications)

(cf. 6145.4 - Student Performances)

Legal Reference:  Eisner v Stamford Board of Education, 440 F. 2d 803 (2nd Cir 1971)

Trachtman v Anker, 563 F. 2d 512 (2nd Cir. 1977)  cert. denied, 435 U.S. 925 (1978)

Hazelwood School District v. Kuhlmeir, 484 U.S. 260 (1988)

Adopted:  6/27/05

   ADMIN. REG.: 6145.41

Instruction

School Productions

A school environment shall be fostered that encourages all students to feel equal ownership of their school and promotes their participation and inclusion in school productions.

In support of this goal, schools shall:

1.  Strive to vary the content of productions in order to appeal to the diversity of the student population.

2.  Represent diversity in the selection of performance content.

3.  Conduct conscientious outreach to those students not traditionally a part of school activities through peer recruitment and faculty encouragement.

4.  Publicize open auditions in a variety of announcements and hold auditions during times convenient to all students.

5.  Permit flexibility in the timing of rehearsals.

6.  Select students of diverse race, religion, academic ability and socioeconomic status.

The following terms used in the policy are defined as follows:

a.  Obscene:  Any speech or work the average person, applying contemporary community standards would find, taken as a whole, appeals to prurient interest, or which depicts or describes, in  a patently offensive way, sexual conduct specifically defined by applicable law, and which, taken as a whole, lacks serious literary, artistic, political or scientific value.

b.  Libelous Statement:  False and unprivileged statements about a specific individual which injure that person’s reputation in the community.

c.  Substantial Disruption:  Any conduct by a student, in class or out, which for any reason including inappropriateness of time, place or type of behavior, significantly interferes with school functions, classroom instruction, or with the rights of other students.

Religious Neutrality

When school productions are to include religious content, the sponsor shall apply the Lemon Test through the use of the following questions:

a.  Does the policy or practice have a non-religious purpose?

b.  Is the primary effect of the policy or practice one which neither advances nor inhibits religion?

c.  Does the policy or practice avoid an excessive entanglement with religion?

An affirmative answer is required for each of these questions in order to meet constitutional requirements.

Royalties

1.  If a school plans to present one or more performances of a royalty play or musical, permission from the publisher must be received.

2.  The royalty must be paid unless special permission is given by the publisher.

3.  No performance of a royalty play may be performed “in part” without the permission of the publisher. The “part” must be specified in any request for special permission.

4.  Shows may not be modified, changed or adapted without the written authorization of the publisher. Where a school wishes to modify a show, the school must pay the royalties to the publisher, and/or ask for permission to present a modified form of the show. Permission to modify or adapt a show is not likely to be granted and, even if granted, royalties will be required.

5.  Alternatives are to produce non-royalty shows, or to write an original script and insert music that is in the public domain or has no royalty bond.

6.  When a school produces its own show, the script will state whether there are royalty fees to be paid or if it is free. Play magazines provide excellent scripts which are all royalty free.

Appeals

Students may appeal a decision of the faculty advisor or Principal which restricts production. The appeal must be written and presented to the Principal; within five school days of the decision to restrict the production. The Principal shall render a written decision within five school days after receiving the appeal.

If a student is dissatisfied with the Principal’s decision, the student may appeal the decision to the Superintendent in writing within seven school days after receiving the Principal’s decision. The Superintendent or designee shall respond to the appeal within seven school days after receiving the appeal.

If the student is dissatisfied with the decision of the Superintendent, the student may appeal to the Board of Education within seven days after receiving the Superintendent’s decision.

Approved:  6/27/05