5240 - Advertising in the Schools ## Advertising In The Schools
The board of education is committed to providing an educational environment with minimal disruptions and distractions for students. Except as provided in this policy, the board prohibits any advertising, marketing, promotion and sponsorship of non-school related products, activities, services or programs (hereinafter “advertising or promotion activities”) during the instructional day and at school activities.
A. Applicability Of Policy
This policy applies to any activity designed to encourage students, parents or employees to purchase or participate in products, services, programs or activities of non-school related entities, including commercial and non-profit entities. Examples of prohibited activities include, but are not limited to, announcements, fliers, banners, posters, presentations, product give-aways, and posting of slogans and logos.
This policy does not prohibit the following activities: * school fundraising activities by students, employees or parent organizations; * advertisements in school publications such as yearbooks, programs and student newspapers (see below); * logos or slogans on scoreboards pursuant to a contract approved by the board or superintendent, as authorized; * boards or banners that are for recognition of donations or sponsorships for a school or the school district; or * advertisements on school-athletic fields (see below).
B. Exceptions To Prohibition Against Advertising And Promotion
The superintendent may approve non-school groups or individuals to engage in advertising or promotion activities during the instructional day or at school activities only if the following conditions are met:
any youth-related products, services or activities advertised or promoted must provide educational, health, safety, cultural, social, or career-related opportunities or information to students; * any youth-related products, services or activities advertised or promoted must be age appropriate; * the advertising or promotion activities must be conducted in a manner that does not conflict with the educational mission of the school district; * students and employees must not be exploited by any advertised or promoted activity;
assemblies or other meetings of students or staff shall not be called for the purpose of advertising or promoting activities; * the school or school district must not be obligated in any way to the business or organizations involved in the activities; and * any materials displayed or distributed must be consistent with the standards of policy 5210, Distribution of Non-School Material.
C. Advertisement In School Publications Or On Athletic Fields
This policy is not intended to restrict or prohibit the sale of advertisements by the individual schools in school publications or on athletic fields. However, the board does not intend, by permitting some advertising, to open its school facilities, including school publications or athletic fields, for unlimited access and advertising by the general public. The principal has the authority to approve the placement of advertisements in school publications, pursuant to the following standards:
School publications or athletic field advertisements shall not contain material that:
is vulgar, indecent or obscene; * contains libelous statements, personal attacks or language defaming a person's character, race, religion, ethnic origin, gender, family status or disability; * causes or clearly threatens to cause a material and substantial disruption of normal classroom activity, any normal school function or other school activity; * encourages the commission of unlawful acts or the violation of lawful school regulations; * promotes or opposes controversial issues or matters; * is not age appropriate; * encourages actions that endanger the health or safety of students; * advertises any product or service not permitted to minors by law; * promotes or opposes any political candidate or ballot proposition; or * contains grammatical or typographical errors.
Advertisements in school publications or on athletic fields by non-school related groups or entities will only include limited identifying and contact information of the group.
Yearbook advertisements may include individual messages to students, subject to approval by the principal.
The board of education reserves to itself the right to cancel any advertisement in its publication that it deems inappropriate or inconsistent with the interests of the school district or its students.
The board of education will not discriminate on the basis of viewpoint.
D. Advertisement In Electronic Media
The board recognizes that some electronic equipment or software may include advertisement. As approved by the superintendent, the school district or individual schools may purchase or accept through donations electronic equipment or software that contains advertising, provided such advertising is consistent with the provisions of sections B and C.1 above.
E. Protection Of Student Privacy
Except as provided in section B of policy 4720, Surveys of Students, neither the school district nor any individual school shall require students to provide marketing information to vendors either through the provision or personal information or through marketing surveys. In addition, neither the school district nor any school shall enter into any contract for products or services, including electronic media services, where personal information will be collected from students by the providers of such services, unless for the purposes provided in policy 4720, section B. For the purposes of this section, personal information includes, but is not limited to, the student’s name, telephone number, email address and home address.
F. Process To Request To Advertise
Any entity or individual interested in advertising or promoting pursuant to this policy must submit a request to the principal. The principal will review the request and make a recommendation to the superintendent or his/her designee within 5 working days of receiving the request. The superintendent or designee will review the request and make a decision within 10 working days of receiving the principal’s recommendation. As appropriate, the superintendent or designee will consult the board attorney concerning a request to advertise.
Any request denied by the superintendent may be appealed to the board of education. The board will review the request at its next regularly scheduled meeting.
Legal References: 115C-36, -98
Cross References: Technology in the Educational Program (policy 3220), Surveys of Students (policy 4720), Gifts and Bequests (policy 8220)