Plano ISD wins Candy Cane Case

December 3, 2009

Candy Cane photo by Trevor Bradley

Robert Wilonsky at Unfair Park reports that the U.S. Court of Appeals for the Fifth Circuit has ruled in favor of Plano ISD in the candy cane case I first reported back in 2003.

It should be noted that Plano ISD changed it policy in 2005 after this case began. The court found no issues with the new policy. According to Wilonsky…

In 2005, after the suit was filed, the district adopted a new policy concerning the distribution of materials: 30 minutes before and after school; during any of the three annual parties; during recess; and, yes, during school hours, “but only passively at designated tables,” as the court put it. The district said, Look, passing out anything during school hours is disruptive, K? To which the court responded this week by declaring the 2005 policy good and constitutional.

I wish the current policy was less restrictive, but it does give students the ability to distribute materials which the previous policy did not.

The courts full opinion (PDF) is available as is Plano’s Student/Parent Policy Guide (PDF).

Flickr image: Trevor Bradley

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