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8:25 Advertising and Distributing Materials in Schools Provided by Non-School Related Entities

Subject to the limitations provided in this policy, the Superintendent, or designee, shall have the discretion to approve the posting or distribution of advertising material or literature (“Advertisement”) by non-school related entities on District property. The Superintendent’s, or designee’s, determination shall be in the Superintendent’s, or designee’s, sole discretion and shall consider whether the proposed size, location, and content of the Advertisement are appropriate. The Superintendent, or designee, may require the advertiser to enter into an agreement with the District, which agreement may be approved by the Superintendent or designee. The Superintendent’s or designee’s approval of an Advertisement is not an endorsement of the advertised products or services.

Permitted Location of Advertisements

Advertisements may be posted on or included in:

  1. athletic field fences;
  2. athletic, theater, or music programs;
  3. student newspapers or yearbooks;
  4. scoreboards; or
  5. other appropriate locations as determined by the Superintendent or designee.

Non-School Related Entities Authorized to Advertise

Subject to the provisions of this policy, the following non-school related entities may advertise on District property:

  1. Non-profit organizations that primarily do business within the District in furtherance of a benefit to the District.
  2. Any organizations not included within the definition of a non-profit organizations. 

All Advertisements must prominently display the sponsoring organization’s name.

Once permission is granted, the organization must arrange to have copies delivered to the school. Distribution of material under this policy will be done by the classroom teacher without discussion.

Prohibited Advertising

The Superintendent, or designee, shall not approve any Advertisement that:  

  1. disrupts the educational process;
  2. violates the rights or invades the privacy of others;
  3. infringes on a trademark or copyright;
  4. is defamatory, obscene, vulgar, or indecent;
  5. is inconsistent with District policies prohibiting discrimination on the basis of race, color, national origin, religion, sex, handicap, age, or sexual orientation;
  6. is misleading, inaccurate, or not age-appropriate for students;
  7. promotes materials that could be associated with items that are inappropriate or illegal for student use; or
  8. pertain to any election matter, except when used as part of the curriculum.

Use of District Buildings, Staff, or Students in Advertising

No individual or entity may advertise or promote its interests by using the names or pictures of any District school activity or facility, District staff, faculty, or students except as authorized by the Superintendent or designee.

LEGAL REF.:  Berger v. Rensselaer Central School Corp., 982 F.2d 1160 (7th Cir. 1993), cert. denied, 113 S.Ct. 2344 (1993).
Hedges v. Wauconda Community Unit School Dist., No. 18, 9 F.3d 5 (7th Cir. 1993).
Lamb's Chapel v. Center Moriches Union Free School Dist., 113 S.Ct. 2141 (1993).
Sherman v. Community Consolidated School Dist. 21, 8 F.3d 1160 (7th Cir. 1993), cert. denied, 114 S.Ct. 2109 (1994).
Victory Through Jesus Sports Ministry v. Lee’s Summit R-7 Sch. Dist., 640 F.3d 329 (8th Cir.2011), cert. denied, 132 S.Ct. 592 (2011).

CROSS REF.:  7:325 (Student Fund-Raising Activities)

ADOPTED:  November 19, 2007

REVISED:  April 26, 2010
December 20, 2016