Editor’s note: The Associated Press reported that the four families who sued the Plano Independent School District rejected the district’s settlement offer on April 20, saying their civil rights were not for sale. The district had revised its distribution policy and offered to pay each family $100 and all attorneys’ fees.
DALLAS — A North Texas school district that was sued by four families accusing officials of religious censorship will allow students to exchange religious materials during school hours.
The Plano Independent School District adopted the new policy on April 5 and submitted an offer of judgment to the families’ attorneys yesterday, school district attorney Mari McGowan said.
Superintendent Doug Otto said the district denies liability or wrongdoing, but is offering the families a nominal sum of money and to pay reasonable attorneys’ fees.
Kelly Shackelford, an attorney for the plaintiffs, said he hadn’t seen the offer but wasn’t optimistic about a settlement. He said his clients weren’t involved in drafting the new policy, which affects the distribution of all materials, including religious materials of all faiths.
“If they wanted to settle ... all they had to do was pick up the phone and say ‘Hey let’s sit down and try to come up with a constitutional policy that works,’ ” he said.
The families filed the lawsuit in December saying the 52,000-student district in suburban Dallas had engaged in “unconstitutional and illegal actions,” from prohibiting candy canes and pencils with religious messages to banning red and green napkins at a holiday party.
A day after the lawsuit was filed, a federal judge ordered the district to let students distribute “religious viewpoint gifts” at a party the following day. The judge cited a “substantial likelihood that plaintiffs will prevail on the merits.”
At the time, the district said the order was unnecessary because officials already had decided to allow students to distribute all materials — religious or otherwise — at the party.
Under the old policy, students could share materials by placing items on a distribution table that their classmates could peruse, Otto said in a statement.
The new policy allows elementary students to exchange materials before and after school at any entrance or exit and in any gathering area approved by the principal. They also can distribute materials during recess or continue placing them on a sharing table.
Distribution is still not permitted in the classrooms during school hours, except during three annual parties — usually the winter holiday party, Valentine’s Day party and end of school party.
Secondary students may exchange materials at any entrance or exit before or after school, in the hallways during non-instructional time and in the cafeterias during lunch.
Otto said the district does not believe it violated anyone’s constitutional rights but wanted to “take the first step in restoring trust in those, however few, who have come to view the district with suspicion.”
But Shackelford said he wasn’t impressed with the new policy.
“They sort of went from no free speech to we’re going to give you a little bit of free speech,” he said.