Parent Groups Barred From Backpack Express

August 2009

Parent groups across the country have been caught up in a growing fight over First Amendment rights. Recent lawsuits brought by an organization called Child Evangelism Fellowship over access to backpack communications have had disturbing consequences for parent groups. At issue is the ability to distribute information about events, volunteer opportunities, and fundraisers via students’ backpacks.

The international nonprofit has sued school districts in several states after schools refused to include flyers about its Good News Clubs for children with other materials sent home with students. CEF says they should be treated like any other community group, such as sports leagues or scouts, that is allowed to distribute flyers through schools. School districts, meanwhile, are concerned that allowing a religious group to distribute material violates the separation of church and state.

Court rulings have repeatedly drawn distinctions between school-sponsored groups and outside organizations, requiring districts that allow flyers from outside groups to provide equal access to CEF. In response, many school districts have limited or banned outside groups’ access to backpack communications.

The problem for parent groups occurs when administrators treat them the same as other community groups. Although many PTOs are organized as independent groups, they are different than other outside groups because they exist solely to benefit students. Parent groups and their schools suffer when school districts overreact to the rulings and fail to recognize the special relationship between PTOs and schools.

A recent Minnesota case made it harder for PTOs to communicate with parents and had the unfortunate effect of creating more school district involvement in parent group affairs. CEF successfully sued the Elk River Area School District for discrimination after the district would not allow the group to send home flyers to parents. Elk River’s policy allowed communications by specified groups, including PTOs and scouts. After a federal judge ruled against the policy, the school board in May banned all flyers distributed through backpacks except those coming directly from the school or district.

Meetings between parent group leaders and district officials led to an agreement that PTOs will partner with the district’s finance office for fundraising activities. This will make the fundraisers district-sponsored and allow for communication via backpacks. The parent organizations will still oversee the events, says assistant superintendent Jana Hennen-Burr. In addition, the PTOs will partner with the city to sponsor a back-to-school night where community youth programs can sign up kids.

“We need our PTOs so much for our kids,” Hennen-Burr says. “We didn’t want to push away those partnerships.”

In response to the change, more Elk River parent groups are compiling email distribution lists for parent communication. Some are setting up websites that might include calendars, photos, and other information.

In another recent case, the Haverford Township School District outside of Philadelphia settled with CEF out of court in January by revising its policy, which now restricts take-home flyers to district communications only. The policy treats PTOs the same as other community organizations, excluding them from backpack communication but allowing the posting of electronic flyers on the district’s website and the placement of some notices on school bulletin boards.

In June, several PTO officers from Haverford schools told the Daily Times that the exclusion from backpack communications had dramatically affected their programs. At Lynnewood Elementary, volunteers for an artist-in-residence program fell from 36 to six, according to PTO president Patti Harnwell. The PTO at Manoa Elementary took a financial hit when it couldn’t advertise a fund drive. The group’s financial reserves had fallen by 50 percent, copresident Lynn Parucci said.

What makes the new policies in Haverford and Elk River so disturbing is that it doesn’t have to be that way. The school district in Montgomery County, Md., one of the largest in the country, changed its policy on backpack communications in 2006 after being sued twice by CEF. School district officials acknowledged the special relationship between schools and parent groups, giving PTOs and PTAs unlimited access to backpack communications. Other community groups can submit flyers for distribution on just four days a year.

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This issue has already affected hundreds of schools, and it may affect many more. Parent groups play a fundamental role in making schools better; if your group is affected, urge your district to maintain perspective as administrators revise their policies.