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1325 BP Board Policy

Advertising And Promotion

The Board of Trustees desires to promote positive relationships between schools and the community in order to enhance community support and involvement in the districts' schools. The Board believes that businesses and other organizations play an important role in supporting schools and students. To that end the Board supports collaborations between the community, businesses and district such that business leaders, educators, parents and district officials work together to generate revenue sources within a practical, responsible system that protects the integrity of our district and schools. Activities resulting from these collaborations may include: sponsorship, partnerships, fundraising, advertising, product donation and naming rights. - Naming Rights The Superintendent or designee may work with potential business partners to develop a proposed agreement about naming rights for buildings, wings of buildings, libraries, and other locations on district property. All decisions regarding naming rights shall ultimately be the decision of the Board. All monies generated from such a matter shall be for general purposes and not directed to any individual school or program and shall be in accordance with all board policies including the wellness policy. Duration of the agreement shall be determined through a negotiation but shall last no longer than five years. Prior to the distribution of any publication from an outside organization, the Superintendent or designee shall review and may approve all advertising copy and promotional materials to ensure compliance with Board policy. - Promotional Materials from Outside Organizations The Board recognizes the many worthwhile organizations that seek to inform the school community about events and activities of interest to children. The Board of Education's mission and goals are focused on improving academic achievement and the district's resources must be directed to providing the highest quality educational program to all students. Because such promotion requires clerical support and teacher time, no-fee promotion is limited to: - Joint-use partners as established in a memo of understanding (content must be focused on the joint-use partner's program for youth conducted for district students); - Contracted programs (e.g., district grants) approved by the board (flier content must be focused on contracted programs conducted primarily on district campuses for district students); - The Redwood City Education Foundation (RCEF) and Parent-teacher organization promotion of school site-related and district events, activities, and programs (not the events of other agencies or organizations); - Governmental agencies, such as the park and recreation department, police and fire, that wish to distribute materials pertaining to student and community recreation, health and safety. All other promotional requests require approval by the Superintendent or designee and must pay promotional fees as described in AR 1325. All promotional materials for fee must adhere to the policy described in #3 below. All promotional materials that fit the criteria above must be submitted to the Superintendent or designee for prior approval at least two weeks prior to distribution, and must be distributed within 30 days of approval. If approved, a flier must be translated into Spanish, and offered to parents in both English and Spanish. - Paid promotion and advertisements in school-sponsored publications, yearbooks, announcements and other school communications The use of promotional materials or advertisements does not imply district endorsement of any identified products or services. Schools shall include a disclaimer in school publications and yearbooks stating that the school does not endorse any advertised products or services. - Products and materials may be donated by commercial enterprises for use in the classroom, as long as they serve an educational purpose and do not unduly promote any commercial activity or products. (Such material may bear the name and/or logo of the donor.) The Superintendent, principal or designee may selectively approve or disapprove distribution of materials or publishing of paid advertising copy based on the criteria listed below, but may not copy in an arbitrary or capricious manner or in a way that discriminates against a particular viewpoint on a subject that would otherwise be allowed. All materials to be distributed shall bear the name and contact information of the sponsoring entity. Criteria for Approval The Superintendent or designee shall not accept for distribution or posting advertisements or materials that: - Are obscene, libelous or slanderous (Education Code 48907). - Incite students to commit unlawful acts, violate school rules or disrupt the orderly operation of the schools (Education Code 48907). - Promote any particular political interest, candidate, party or ballot measure, unless such materials are being distributed at a forum in which candidates or advocates from all sides are presenting their views to the students during school hours or during events scheduled pursuant to the Civic Center Act. - Discriminate against, attack or denigrate any group on account of any unlawful consideration. - Promote the use or sale of materials or services that are illegal or inconsistent with school objectives or District policy, including the Wellness policy (BP5030), and including but not limited to materials or advertisements for tobacco, intoxicants, and movies or products unsuitable for children. - Solicit funds or services for an organization, with the exception of solicitations authorized in Board policy. - Distribute unsolicited merchandise for which an ensuing payment is requested. The Superintendent or designee also may consider the educational value of the materials or advertisements, the age or maturity of students in the intended audience, and whether the materials or advertisements support the basic educational mission of the district, directly benefit the students or are of intrinsic value to the students or their parents/guardians. Schools may establish additional criteria pertaining to the content of advertisements in school publications and yearbooks. Such criteria may limit advertisements to those that contain congratulatory or commemorative messages, curriculum-related content, advertisements for products or services of interest to students, non-controversial content, and/or other content deemed appropriate by the school publication staff and adviser in accordance with law and Board policy. Schools may impose content-based restrictions in order to minimize chances of abuse, the appearance of favoritism, and the risk of imposing upon a captive audience.

Legal & Management References

State
Bus. Code 25664 - Advertisements encouraging minors to drink
CA Constitution Article 1, Section 2 - Freedom of speech and expression
Ed. Code 35160 - Authority of governing boards
Ed. Code 35160.1 - Broad authority of school districts
Ed. Code 35172 - Promotional activities
Ed. Code 38130-38139 - Civic Center Act
Ed. Code 49430-49434 - The Pupil Nutrition, Health, and Achievement Act of 2001
Ed. Code 49431.9 - Prohibition of advertisement of non-nutritious foods
Ed. Code 7050-7058 - Political activities of school officers and employees
Federal
42 USC 1751-1769j - School Lunch Program
42 USC 1773 - School Breakfast Program
U.S. Constitution, First Amendment - Free exercise, free speech, and establishment clauses
Management Resources
Court Decision - Yeo v. Town of Lexington (1997) 131 F.3d 241
Court Decision - Bright v. Los Angeles Unified School District (1976) 18 Cal. 3d 450
Court Decision - DiLoreto v. Downey Unified School District (1999) 196 F.3d 958
Court Decision - Hemry v. School Board of Colorado Springs (D.Col. 1991) 760 F.Supp. 856
Court Decision - Hills v. Scottsdale Unified School District (2003) 329 F.3d 1044
Court Decision - Lehman v. Shaker Heights (1974) 418 U.S. 298
Website - CSBA District and County Office of Education Legal Services
Website - CSBA

Cross References