"The Albemarle County School Board voted unanimously Thursday night to approve a policy that limits the distribution of fliers by all outside organizations to twice a semester.

The frequency at which school-related and governmental groups can dole out fliers will be at the discretion of Diane Behrens, the director of support and planning services for division, who was given the task of reviewing requests and approving them.

As a result of the decision, some outside groups that frequently hand out fliers will be reduced to four distributions per year. Last year the Boy Scouts doled out fliers on 11 occasions throughout the school year, Behrens said.

The flier distribution policy was changed after the division’s old guidelines prohibiting the “distribution of literature that is for partisan, sectarian, religious or political purposes” was called unconstitutional. After students were denied permission to distribute fliers for a vacation Bible school at Hollymead Elementary School during summer session, Liberty Counsel, a nonprofit group that offers litigation advice, informed the division that the denial was illegal.

All board members expressed support for the balance that was struck in treating all organizations equally while limiting the time staff will spend on preparing the fliers.

Board member Barbara Massie Mouly questioned whether treating outside groups differently than school-related and governmental organizations would go against the law.

“The key issue is ensuring that all outside organizations are treated similarly,” said Mark Trank, attorney for the county schools, assuring the board that its new policy is legal.

Superintendent Pam Moran was the given the responsibility of establishing how staff members will organize fliers and get them to students.

“We’re going to try to honor the community communication … to make sure to build those partnerships and have those relationships,” said Moran, addressing her approach to the board. “And, at the same time, we’re going to look at procedures that are going to minimize the time our staff takes.”

All fliers from outside organizations must include a disclaimer saying: “The Albemarle County Public Schools neither endorses nor sponsors the organization or activity represented in this material. The distribution or display of this material is provided as a community service and is not printed at taxpayers’ expense.”

Board member John Stokes questioned whether the board could say for certain that the outside organizations would not be spending taxpayers’ money, as the school division will not know any background information on them.

In response, board member Brian Wheeler said that if a group is using taxpayer money, it is considered a government organization." (Matt Deegan, The Daily Progress, September 29, 2006)