Case 1:19-cv-00172-JEJ Document 13 Filed 04/29/19 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE

MIDDLE DISTRICT OF PENNSYLVANIA

CHRISTIANS IN ACTION CLUB, et al. : No. 1:19-cv-00172-CCC

:
Plaintiffs :
: Honorable John E. Jones, III
v. :
:
MECHANICSBURG AREA SCHOOL :
DISTRICT, :
:
Defendant :

STIPULATION

AND NOW, this 29th day of April 2019, based upon the agreement of the

Parties, it is hereby stipulated that a Final Order be issued upon the following

terms:

1. Pursuant to this Court’s February 21, 2019, Order, Plaintiffs and

Defendant worked together to rewrite Administrative Regulation 220-0, attached

as Exhibit A, which has since been promulgated by Defendant;

2. Defendant has revised and permanently deleted the Student

Handbook’s prohibition of speech that “seek[s] to establish the supremacy of a

particular religious denomination, sect or point of view”;

 Case 1:19-cv-00172-JEJ Document 13 Filed 04/29/19 Page 2 of 4

3. Defendant agrees to the payment of Attorney’s Fees and Costs within

30 days of entry of a Final Order, in an amount that has been separately agreed to

by the parties; and

4. All other claims and defenses in this matter have been resolved.

/s/ Randall L. Wenger /s/ Gregory W. Bair, II

Randall L Wenger, PA 86537
Jeremy L. Samek, PA 205060
Curtis Schube, PA 325479
INDEPENDENCE LAW CENTER
23 North Front St.
Harrisburg, PA
(717) 657-4990
(717) 545-8107 Fax
rwenger@indlawcenter.org
jsamek@indlawenter.org
cschube@indlawcenter.org
Attorneys for Plaintiffs
Gregory W. Bair, II, PA 208156
Gareth D. Pahowka, PA 309184
STOCK AND LEADER, LLP
221 West Philadelphia Street
Suite E600
York, PA 17401
(717) 846-9800
(717) 843-6134 Fax
gbair@stockandleader.com
gpahowka@stockandleader.com
Attorneys for Defendant
 Case 1:19-cv-00172-JEJ Document 13 Filed 04/29/19 Page 3 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE

MIDDLE DISTRICT OF PENNSYLVANIA

CHRISTIANS IN ACTION CLUB, et al. : No. 1:19-cv-00172-CCC

:
Plaintiffs :
: Honorable John E. Jones, III
v. :
:
MECHANICSBURG AREA SCHOOL :
DISTRICT, :
:
Defendant :

STIPULATED FINAL ORDER

AND NOW, this _____ day of April, 2019, upon consideration of

Mechanicsburg Area School District’s newly promulgated Administrative

Regulation 220-0 and the Stipulation of the parties, it is hereby ORDERED,

ADJUDGED AND DECREED that:

1. Defendant shall remove and permanently delete the Student Handbook’s

prohibition of speech that “seek[s] to establish the supremacy of a particular

religious denomination, sect or point of view,” and

2. Defendant shall pay Plaintiffs’ attorney’s fees and costs within 30 days of entry

of this Order.

BY THE COURT:

/s/ John E. Jones, III

John E. Jones, III, Judge
United States District Court
Case 1:19-cv-00172-JEJ Document 13 Filed 04/29/19 Page 4 of 4

Middle District of Pennsylvania

Case 1:19-cv-00172-JEJ Document 13-1 Filed 04/29/19 Page 1 of 4
A

Exhibit A

1
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A
No. 220-0 AR
MECHANICSBURG
SCHOOL DISTRICT
AREA
ADMINISTRATIVE
SCHOOL DISTRICT REGULATION

APPROVED: March 29, 2019

220-0 STUDENT EXPRESSION/DISTRIBUTION AND POSTING OF MATERIALS

Students have the responsibility to act in accordance with Board Policy No. 220, to obey laws
governing libel and obscenity, and to be aware of the full meaning of their expression.

Students have the responsibility to be aware of the feelings and opinions of others and to give
others a fair opportunity to express their views.

The definitions set forth in Board Policy No. 220 are incorporated herein.

These regulations address the distribution and posting of non-school materials, as defined in
Board Policy No. 220, which are not part of the curricular or extracurricular program of the
District. Materials sought to be distributed or posted as part of the curricular or extracurricular
program of the District will be regulated as part of the District’s educational program and are not
subject to the time, place and manner provisions set forth herein.

General Time, Place, and Manner of Distribution of Non-School Materials By Students

Distribution of otherwise protected speech by students does not require pre-approval but may
occur only at non-instructional times at places where the student is otherwise permitted to be.
However, the student may still be ordered to desist such distribution if the non-school materials
are found to be unprotected expression under Board Policy 220.

Students may distribute and/or post non-school materials, provided that the form of expression
and/or the use of public school facilities and equipment is/are in accordance with Board Policy
220, these regulations and the school dress code, if applicable.

Time, Place and Manner of Distribution of Non-School Materials by Student Organizations

Student organizations have access to additional places and manners of distribution to facilitate
larger distributions. Student organizations desiring to make use of these methods to distribute
non-school materials must follow the following regulations:

1. Student organizations wishing to distribute non-school materials using the student

organization forum must submit a copy three (3) school days in advance of the planned
distribution, together with a copy of the Plan of Distribution available online and in the
school office. The Plan of Distribution will set forth in detail the desired time, place and
manner of distribution, as well as those who will be distributing the non-school materials.

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2. The building principal or designee will review the material and determine if it
constitutes unprotected expression in accordance with Board Policy No. 220 and/or is
consistent with these regulations. The building principal or designee will notify the
student(s) planning to distribute non-school material of his/her decision to grant or deny
permission to distribute the non-school material as planned.

If the decision is to deny permission for the distribution, the building principal or designee shall
specify in writing the reasons for his/her decision and may specify the changes in the content of
the non-school material or in the Plan of Distribution which must be made, if any, in order to
secure such permission. If the student(s) desiring to distribute such non-school material make(s)
such changes in a manner satisfactory to the decision-maker prior to the planned distribution, the
building principal or designee may then grant permission to distribute.

3. No non-school material will be permitted to be distributed on school property if the

content contains unprotected student expression as defined in Policy No. 220.

4. If a response is not provided within three (3) school days of the request, the student
organization may proceed with the planned distribution, provided distributions occur only
at non-instructional times consistent with paragraph 5 below.

5. The student organization fora for distributing approved non-school materials include 1)
an attended table in the foyer 30 minutes before or after school, 2) an attended table
outside of the school building 30 minutes before or after school, and 3) the designated
(unattended) distribution center which shall be located in a prominent area available to all
students.

6. All written, physical, non-school materials must bear the district disclaimer.
“DISCLAIMER: This event, message, or group is not sponsored or endorsed by the
Mechanicsburg Area School District.”

7. Any student organization who distributes non-school materials will be responsible for
cleaning any litter that results from such distribution, including any discarded pamphlets,
flyers or other documents.

8. No student will harass or otherwise interfere with the distribution of approved non-
school material by student(s), nor may a student in any way compel or coerce a student to
accept any non-school materials.

9. The District has no responsibility to assist students in or to provide facilities for the
publishing of non-school materials.

Posting Of Non-School Materials

Building administrators will provide a designated area for use by students for the posting of non-
school materials. The posting of all non-school materials will be governed by the following
regulations:

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1. All non-school materials desired to be posted must be submitted to the building

principal or designee for approval, at least three (3) school days prior to the planned
posting.

2. Identification of the individual student or at least one (1) responsible person in a

student organization will be required upon submission for approval. The person wishing
to post such non-school material must provide in writing his/her name, address, telephone
number and organization, if any. This information will be filed in the building principal's
office.

3. The building principal or designee will review the material and determine if it
constitutes unprotected expression in accordance with Board Policy No. 220 and/or is
consistent with these regulations. The building principal or designee will notify the
student(s) planning to post non-school material of his/her decision to grant or deny
permission to post the non-school material as planned. If the decision is to not permit the
posting, the building principal or designee shall specify the reasons for his/her decision
and may specify the changes in the content of the material, if any, in order to secure such
permission. If the student(s) desiring to post such non-school material make(s) such
changes in a manner satisfactory to the decision-maker prior to the planned posting, the
building principal or designee may then grant permission to post.

4. No non-school material will be permitted to be posted on school property if the content

contains unprotected student expression as defined in Board Policy No. 220.

5. If a response is not provided within three (3) school days of the request, students may
proceed with the planned posting, provided postings occur only on designated student
bulletin boards or in other places explicitly written in the student handbook.

6. All non-school materials desired to be posted will contain the date it was first posted.

7. All non-school materials permitted to be posted must be removed within 10 days of the
date it was first posted, or earlier where reasonably necessary at the direction of the
principal or designee.

8. No student will remove or otherwise interfere with the posting of approved non-school
material by student(s).

9. All non-school materials must bear the District disclaimer.

“DISCLAIMER: This event, message, program, or group is not sponsored or endorsed by
the Mechanicsburg Area School District.” 0569219-

Disciplinary Consequences: Any student who violates any provision of Board Policy No. 220 or
these regulations will be subject to disciplinary action, which may include suspension and/or
expulsion from school.