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Lodi Unified School District

Policy 1325 - Advertising and Promotion

Series: 1000 - Community Relations

Policy: 1325 - Advertising and Promotion

Adopted: 02/03/1998

Last Revised: 07/14/2015 (technical revision)

Download Policy 1325 - Advertising and Promotion PDF (English)

Download Rule 1325 - Advertising and Promotion PDF (English)

Advertising and Promotion

The Board of Education establishes this policy to ensure effective and consistent implementation of its directions related to advertisements and promotions by non‐ school groups in school‐sponsored publications, web sites, and social media and on school facilities. Student speech shall be regulated in accordance with BP/AR 5145.2 ‐ Freedom of Speech/Expression.

Limited Open Forum

The Board of Education 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 gatherings of interest to students or parents/guardians
  2. Distribution of promotional materials of a commercial nature to students or parents/guardians
  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
  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 Prior to distribution, posting, or publication of any non‐school group’s promotional materials or advertisement, the superintendent, principal, or designee shall review and approve all the advertisement and promotional materials to ensure compliance with Board policy.

The superintendent or designee may selectively approve or disapprove distribution of materials or advertisement based on the criteria listed below, but may not disapprove materials or advertisement 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.

The use of promotional materials or advertisements does not imply district endorsement of any identified products or services. Schools are encouraged to include a disclaimer in school publications and yearbooks stating that the district or the school does not endorse any advertised products or services. All flyers must include this language.

Criteria for Approval

The superintendent or designee shall not accept for distribution any materials or advertisements that:

  1. Are lewd, obscene, libelous or slanderous
  2. Incite students to commit unlawful acts, violate school rules, or disrupt the orderly operation of the schools
  3. 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
  4. Proselytize or position the district on any side of a controversial issue
  5. Discriminate against, attack or denigrate any group on account of any unlawful consideration
  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
  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.

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             

Legal References

California Constitution
Article 1, Section 2 Free speech rights
 
Education Code
7050‐7058 Political activities of school officers and employees
35160 Authority of governing boards
35160.1 Broad authority of school districts
35172 Promotional activities
38130‐38138 Civic Center Act
 
Business and Professions Code
25664 Advertisements encouraging minors to drink
 
United States Constitution
Amendment 1, Freedom of speech and expression
 
Court Cases
Hills v. Scottsdale Unified School District 48, (2003) 329 F.3d 1044
DiLoreto v. Downey Unified School District, (1999) 196 F.3d 958
Yeo v. Town of Lexington, (1997) U.S. First Circuit Court of Appeals, No. 96‐1623
Hemry v. School Board of Colorado Springs, (D.Col. 1991) 760 F.Supp. 856
Bright v. Los Angeles Unified School District, (1976) 134 Cal. Rptr. 639, 556 P.2d 1090, 18 Cal. 3d 350
Lehman v. Shaker Heights, (1974) 418 U.S. 298
 
Management Resources
CSBA Publications
School‐Based Marketing of Foods and Beverages: Policy Implications for School Boards, Policy Brief, March 2006
 
Web Sites
CSBA: http://www.csba.org

Rule 1325

Distribution of Materials

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.

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

  1. Are obscene, libelous, or slanderous.
  2. Incite students to commit unlawful acts, violate school rules, or disrupt the school’s orderly operation.
  3. Discriminate against, attack or denigrate any group on account of gender, race, color, religion, ancestry, national origin, disability, or other unlawful consideration; or promote one group over another.
  4. Solicit funds or services for an organization, with the exception of solicitations authorized in Board of Education policy.
  5. Promote the use or sale of materials or services which are illegal or inconsistent with school objectives. Ads for tobacco, intoxicants, and R-rated and X-rated movies or products shall not be used.

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.