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District Policies

Viewing Policy: BP 1325 – Advertising and Promotion



BP 1325

Community Relations

Advertising and Promotion

The San Benito County Board of Education (County Board) establishes this policy to ensure effective and consistent implementation of its directions related to advertisements and promotions by nonschool 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 Public Forum

The Board desires to promote positive relationships between county schools and the community in order to enhance community support and involvement in the 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. Paid advertisements in school-sponsored publications, yearbooks, announcements, and other school communications, including web sites and social media
  3. Products and materials donated by commercial enterprises for educational use, including those that bear the name and/or logo of the donor, as long as they do not unduly promote the donor or any commercial activity or product

Prior to the distribution, posting, or publishing of any nonschool group’s promotional materials or advertisement, the Superintendent or designee shall review the materials or advertisement based on the criteria listed below.  He/she 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 is otherwise allowed by Board policy.

All materials to be distributed shall bear the name and contact information of the sponsoring entity.

As necessary, the Superintendent or designee shall require a disclaimer on any nonschool group’s promotional materials to be distributed, posted, or published, stating that the distribution, posting, or publishing of the materials does not imply district endorsement of the group’s activities, products, or services.  District- and school-sponsored publications shall include a disclaimer stating that the district or school does not endorse any advertised products or services.

Criteria for Approval

The Superintendent, principal, 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 the candidates or advocates from all sides are provided the opportunity to present their views     to the students during school hours or during events scheduled pursuant to the Civic Center Act
  4. Proselytize or position the county 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, non-nutritious foods and beverages, 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 the 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, as deemed appropriate by the Superintendent or designee in accordance with law and Board policy.

 

Legal Reference:

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

U.S. 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

 

Policy Adopted: 5-11-17