Board of Education Approves Revised Policy on Distribution of Fliers Through Student Backpacks

The Montgomery County Board of Education unanimously approved a revised policy Wednesday re-establishing a process for informing students and parents about school and community activities and events in a manner that does not unduly burden school staff. The revised policy gives Parent Teacher Associations unlimited access to distribute fliers through student backpacks and grants limited access to backpack distribution for other nonprofit organizations.

The Board’s action was taken in an emergency session, following a special meeting of the Policy Committee. The Policy Committee recommended an initial draft of the revised policy and the Board suspended its policy approval process in order to move the revisions forward on a fast track, given the opening of schools this week.

The policy is effective immediately and allows four groups complete access to backpack distribution at any time:
1) Montgomery County Public Schools
2) Government entities
3) Nationally affiliated PTAs operating within MCPS, and MCCPTA
4) Parent teacher organizations at special education schools and alternative centers that operate in lieu of nationally affiliated PTAs

Nonprofit community organizations will be permitted to distribute fliers directly to students at least twice, but no more than four times per year. Schools may begin accepting materials for a first distribution of these materials between September 11 and September 25. Other dates for distribution for the rest of the school year have not yet been determined.

Community organizations and businesses, regardless of whether the entity is commercial or nonprofit, will be permitted to display informational materials and announcements on community tables at any time during the school year. Importantly, the Board voted to require a disclaimer printed on these materials and materials sent home from nonprofit community organizations that reads: “These materials are neither sponsored nor endorsed by the Board of Education of Montgomery County, the superintendent, or this school.”

The policy was revised following action earlier this month by the United States Court of Appeals for the Fourth Circuit that found parts of the previous policy unconstitutional. The previous policy was subsequently suspended pending action by the Board of Education. The meeting today was the first opportunity by the Board to address the issue following the court’s decision.