Board Policy 1325: Advertising and Promotion

Distribution of Noncommercial Materials
 
 
Limited Open Forum
The Governing Board desires to promote positive relationships between schools and the community in order to enhance community support and involvement in district schools. The Superintendent or designee may approve:
 
1.  Distribution of noncommercial materials that publicize services, special events, public meetings or other items of interest to students or parents/guardians
 
(cf. 1400 - Relations between Other Governmental Agencies and the Schools)
(cf. 5145.2 - Freedom of Speech/Expression)
(cf. 6145.5 - Student Organizations and Equal Access)
(cf. 6162.8 - Research)
 
2.  Distribution of promotional materials of a commercial nature to students or parents/guardians
 
(cf. 1700 - Relations between Private Industry and the Schools)
 
3.  Paid advertisements on school property, including but not limited to billboard advertisements
 
4.  Paid advertisements in school-sponsored publications, yearbooks, announcements and other school communications
 
(cf. 1113 - District and School Web Sites)
 
5.  Products and materials 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 materials may bear the name and/or logo of the donor.
 
(cf. 3290 - Gifts, Grants and Bequests)
(cf. 6161.11 - Supplementary Instructional Materials)
 
Prior to distribution, posting or publication, the Superintendent, principal or designee shall review and approve all advertising copy and promotional materials to ensure compliance with Board policy.
 
Approved or disapproved distribution of materials or publishing of copy shall not be arbitrary or capricious or discriminate against a particular viewpoint on a subject.
 
All materials to be distributed shall bear the name and contact information of the sponsoring entity and the following disclaimer:
 
This is not a Folsom Cordova Unified School District sponsored program. Any opinions expressed are not necessarily those of the District or school personnel. The District accepts no liability or responsibility for this program/activity.
 
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.
 
Distribution of Commercial Materials/Advertising
 
School-sponsored publications, announcements and other school communications may accept paid advertising except for that prohibited by law and administrative regulations.  The Superintendent or designee may prohibit advertisements which are inconsistent with school objectives and do not reasonably relate to the educational purpose of school-sponsored publications.  In addition, the Superintendent or designee may allow the distribution of promotional materials of a commercial nature within the parameters of law and administrative regulation but also may prohibit the distribution of materials which lack educational value or are not related directly to the school program.  Unless a component of a written sponsorship agreement, the District shall limit the distribution of promotional materials of a commercial nature or from for-profit organizations.
 
Students shall not be exploited to raise money, and time spent securing ads shall not infringe upon the school program.
 
(cf. 5145.2 - Freedom of Speech/Expression)
 
Students shall not be required to view commercials during instructional time.  Advertisements may be studied, however, as part of an instructional curriculum.
 
Sponsorship and Naming Rights
 
The Governing Board recognizes that private corporate sponsorship of educational programs and activities may support and enhance curricular and co-curricular experiences for students. For that reason, the district may enter into corporate sponsorship agreements under the appropriate conditions.
 
Corporate sponsorship must be seen as an enhancement to the education of students. Corporate sponsorship should not be relied upon for ongoing program costs, or as the major source of funds for a specific educational program or activity.
 
Criteria for Approval

 The Superintendent, principal or designee shall not accept for distribution any materials or advertisements that:
 
1.  Are obscene, libelous or slanderous (Education Code 48907)
 
2.  Incite students to commit unlawful acts, violate school rules or disrupt the orderly operation of the schools (Education Code 48907)
 
3. Promote or advertise events or activities that are likely to cause substantial interference with, or disruption of, school activities
 
4.  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
 
(cf. 1160 - Political Processes)
(cf. 1330 - Use of School Facilities)
(cf. 4119.25/4219.25/4319.25 - Political Activities of Employees)
 
5.  Discriminate against, attack or denigrate any group on account of any unlawful consideration
 
(cf. 0410 - Nondiscrimination in District Programs and Activities)
 
6.  Promote the use or sale of materials or services that are illegal or inconsistent with school objectives, including but not limited to materials or advertisements for tobacco, intoxicants, and movies or products unsuitable for children.
 
(cf. 5131.6 - Alcohol and Other Drugs)
(cf. 5131.62 - Tobacco)
 
7.  Solicit funds or services for an organization, with the exception of solicitations authorized in Board policy
 
(cf. 1321 - Solicitation of Funds from and by Students)
 
8.  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.
 
(cf. 0000 - Vision)
 
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, noncontroversial content, and/or other content deemed appropriate by the school publication staff and adviser in accordance with law and Board policy.
 

Administrative Regulations 1325: Advertising and Promotion

Distribution of Materials and Criteria for Approval

Materials generated by nonstudents may be distributed or posted in district schools only when prior approval has been granted by the Superintendent or designee.

Unless generated by the school, surveys or questionnaires requiring student or parent/guardian response also must be first approved by the Superintendent or designee.  All materials to be distributed shall bear the name and contact location of the sponsoring group.

Materials shall not be distributed to students or advertised in school-sponsored publications if they:

1. Are obscene, libelous or slanderous (Education Code 48907)

2. Incite students to commit unlawful acts, violate school rules or disrupt the orderly operation of the schools (Education Code 48907)

3. Promote or advertise events or activities that are likely to cause substantial interference with, or disruption of, school activities

4. 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

(cf. 1160 - Political Processes)
(cf. 1330 - Use of School Facilities)
(cf. 4119.25/4219.25/4319.25 - Political Activities of Employees)

5. Discriminate against, attack or denigrate any group on account of gender, race, color, religion, ancestry, national origin, disability, or any other unlawful consideration; or promote one group over another.

(cf. 0410 - Nondiscrimination in District Programs and Activities)

6. Promote the use or sale of materials or services that are illegal or inconsistent with school objectives, including but not limited to materials or advertisements for tobacco, intoxicants, and movies or products unsuitable for children

7. Solicit funds or services for an organization, with the exception of solicitations authorized in Board policy

(cf. 1321 - Solicitation of Funds from and by Students)

8. Distribute unsolicited merchandise for which an ensuing payment is requested

9. Announce the meetings of noncurricular student-initiated groups

Before publication, the Superintendent or designee shall review all advertising copy to assure that it complies with the provisions of Board policy and administrative regulations.

Distribution and Posting of Materials in Schools and Offices

1.  Noncommercial Materials

Subject to reasonable regulations and procedures governing distribution, the following organizations and agencies may distribute materials through the District:

a) Local park and recreation districts with which the Board has entered a joint use agreement;

b) Federal, State and local government entities, including law enforcement agencies and public libraries, that wish to distribute materials necessary to further and/or protect the health, safety, and welfare of students;

c) Non-profit and school-connected organizations for the purpose of promoting educational activities or events: For purposes of illustration but not limitation:

a. School-community advisory councils
b. Youth sports organizations
c. Community organizations such as Camp Fire, Boy Scouts, and Girl Scouts, which promote youth activities, citizenship, and have a large percentage of District students participating
d. School-connected organizations including PTA/PTSO groups, booster organizations, and charitable foundations (including the Folsom Cordova Education Foundation)
e. Community partners of the District who provide resources, volunteers, and afterschool programs that support educational instruction and enrichment.

Any non-profit organizations must provide a copy of IRS Form 501c (Certificate of Exempt Status) and copies of the group’s constitution and bylaws.

All materials to be distributed shall bear the name and contact information of the sponsoring entity and the following disclaimer:
This is not a Folsom Cordova Unified School District Sponsored program. Any opinions expressed are not necessarily those of the District or school personnel. The District accepts no liability or responsibility for this program/activity.
 
Materials that fail to include the required identification or disclaimer will not be distributed by the District.
 
The District will not distribute noncommercial materials from individuals, or from organizations, not listed above.
 
Posting or distribution of materials will not interfere with normal school operations.
 
2.  Commercial Firms
 
Commercial firms may be able to distribute or post materials that comply with all relevant Board policies, including but not limited to BP 1325, with the approval of the Superintendent or designee.  Distribution or posting of materials by commercial firms shall not interfere with normal school operations.
 
(cf. 0000 - Vision)
 
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, noncontroversial content, and/or other content deemed appropriate by the school publication staff and adviser in accordance with law and Board policy.
 
Sponsorship and Naming Rights
 
All potential corporate sponsorships must be submitted in a comprehensive written proposal to the Superintendent. The Superintendent, or designee, is responsible for gathering all information and documentation related to any potential commercial or promotional sponsorship and ensuring that all proposals are reviewed by business and legal representatives of the district. The Superintendent, or designee, shall review every proposal for corporate sponsorship and retain the sole right to accept or reject any corporate, commercial or promotional sponsorship proposal.
 
Proposals for commercial or promotional sponsorship shall include the following:
 
1.  A detailed outline of the proposed sponsorship activity, including how the sponsorship will increase student participation in educational or extra-curricular activities, or how students would otherwise benefit from the sponsorship.
 
2.  A guarantee of the monetary value to be received by the district as a result of the sponsorship.

3. A statement defining the duration of the sponsorship.
 
4. A statement clearly defining the specific roles, expectations, responsibilities and rights of the corporate sponsor and the district, including whether the corporate sponsor intends to advertise in connection to the sponsorship and the extent to which district marketing assets (e.g. facilities or website) and students will be used as part of that advertising.
 
5.  A statement clearly defining that the sponsorship does not create any exclusive rights for the sponsor.
 
6.  A statement the Superintendent, or designee, must approve the identification of the district as a co-sponsor in all publicity materials and retain the exclusive right to authorize use of its name, logo, school facilities, or other similar information in all media forms.
 
7.  A statement that the sponsor will comply with all state and federal laws and regulations, local ordinances, Board policies and regulations, and all pre-existing district contracts.
 
8.  A statement disclosing any relationship between the sponsor, any of its employees or major stockholders, and any student, district employee, the Superintendent or any member of the Board.
 
9.  A statement that participation of students and district employees in activities established pursuant to corporate sponsorships will be voluntary and that no sponsorship will exploit students, district employees or members of the Board. Market research or other opinion survey requirement as a condition of corporate sponsorship will be strictly prohibited.
 
10.  A statement indicating that no image of students or district employees will be used by the sponsor without prior knowledge and written consent of the student, their parent or guardian if a minor, or district employee.
 
11.  A statement outlining termination rights, including the sole right of the Superintendent, or designee, to terminate the sponsorship without prior notification or penalty, if it is determined that the sponsorship is negatively impacting students' education or educational environment.
 
12.  A statement that the proposed sponsorship will not compete with existing partnerships or agreements already in place between the District, or its schools, and other organizations beneficial to the District.
 
The Superintendent, or designee, shall conduct an annual review of corporate sponsorships to ensure that they continue to meet the educational goals and philosophies of the Board, and are not in violation of any state and federal laws and regulations, local ordinances, Board policies and regulations, or any pre-existing district contracts.
 
Criteria for Sale or Lease of District Marketing Assets
 
Once a proposal has been received by the Superintendent, or designee, and it has been determined that it meets the criteria for proposing commercial or promotional sponsorships, additional guidelines shall be considered in order to approve the sale or lease of District marketing assets. Marketing assets are defined as any physical or electronic medium that can be used to distribute or post content to generate interest for a company's product or services.
 
The following guidelines reflect the intent of the Board of Education to ensure that students and faculty are not potentially exploited as a result of a commercial or promotional sponsorship and that the opportunity aligns properly with the educational, social, health, and safety goals and philosophies of the Board.
 
The Superintendent, or designee, shall ensure that:
 
1. No advertisement is placed in a setting (i.e. physical location or website) intended to be used for the delivery of instruction.
 
2. No advertisement represents a brand, company, or message in direct competition with the aims and objectives of a school or District initiative or effort (e.g. high calorie sugared).
 
3. No advertisement directly competes with the fundraising efforts of District sanctioned parent groups (i.e. PTA/PTO, FCEF).
 
4. No advertisement is delivered through District owned mass-notification systems.
 
Once approved by the Superintendent, or designee, the advertisements must not exceed the parameters in any of the following asset categories:
 
1.  Online Presence
 
a.  Must be one of two sizes:
 
(1)  300x250 pixels or 728x90 pixels
 
b.  Must not be posted to pages intended for direct communication between faculty and students or parents for instructional purposes.
 
2.  Signage
 
a.  Each advertisement and its placement must have express approval of site principal.
 
(1) Must not exceed 3'x8'

 

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