9700.01 - ADVERTISING AND COMMERCIAL ACTIVITIES

The purpose of this policy is to provide guidance for the appropriate and inappropriate use of advertising or promoting of commercial products or services to students and parents in the schools.

“Advertising” comes in many different categories and forums and is defined as an oral, written, or graphic statement made by the producer, manufacturer, or seller of products, equipment, or services which calls for the public’s attention to arouse a desire to buy, use, or patronize the product, equipment, or services. This includes the visible promotion of product logos for other than identification purposes. Brand names, trademarks, logos, or tags for product or service identification purposes are not considered advertising.

The Governing Board may permit advertising in Educational Service Center facilities or on Educational Service Center property in the following categories or forums in accordance with the guidance set forth herein:

1. Product Sales:
    
   1. product sales benefiting the Educational Service Center, district, school, or student activity (e.g., the sale of beverages or food within schools);
   2. exclusive agreements between the Educational Service Center and businesses that provide the businesses with the exclusive right to sell or promote their products or services in the schools (e.g., pouring rights contracts with soda companies); and/or
   3. fundraising activities (e.g., short-term sales of gift wrap, cookies, candy, etc.) to benefit a specific student population, club, or activity where the school receives a share of the profits.
2. Direct Advertising/Appropriation of Space:
    
   1. signage and billboards in schools and Educational Service Center facilities;
   2. corporate logos or brand names on school equipment (e.g., marquees, message boards, or score boards);
   3. ads, corporate logos, or brand names on book covers, student assignment books, or posters;
   4. ads in school publications (newspapers and yearbooks and event programs);
   5. media-based electronic advertising (e.g., Channel One or Internet or web-based sponsorship); and/or
   6. free samples (e.g., of food or personal hygiene products).
3. Indirect Advertising
    
   1. corporate-sponsored instructional or educational materials, teacher training, contests, incentives, grants, or gifts; and/or
   2. the Governing Board approves the use of instructional materials developed by commercial organizations, such as films and videos, only if the education value of the materials outweighs their commercial nature.  

The films or materials shall be carefully evaluated by the program manager for classroom use to determine whether the films or materials contain undesirable propaganda and are in compliance with the guidelines as set forth above.

4. Market Research:
    
   1. surveys or polls related to commercial activities;
   2. internet surveys or polls asking for information related to commercial activities; and/or
   3. tracking students’ internet behavior and responses to questions calling for personal identification at one (1) or more websites.

It is further the policy of the Governing Board that its name, students, staff members, and Educational Service Center facilities shall not be used for any commercial advertising or otherwise promoting the interests of any commercial, political, nonprofit, or other non-school agency or organization, public or private, without the approval of the Governing Board or its designee.

Any commercial advertising shall be structured in accordance with the General Advertising Guidance set forth below.

General Advertising Guidance

The following guidance shall be followed with respect to any form of advertising on school grounds or school property, including the Educational Service Center's website:

1. When working together, schools and businesses shall protect educational values. All commercial or corporate involvement should be consistent with the Educational Service Center’s educational standards and goals.
2. Any advertising that may become a permanent or semi-permanent part of a school requires prior approval of the Governing Board.
3. The Governing Board reserves the right to consider requests for advertising in the schools on a case-by-case basis.
4. No advertisement shall promote or contain references to alcohol, tobacco, drugs, drug paraphernalia, weapons, or lewd, vulgar, obscene, pornographic, or illegal materials or activities, gambling, violence, hatred, sexual conduct or sexually explicit material, X or R rated movies, or gambling aids.
5. No advertisement shall promote any specific religion or religious, ethnic, or racial group, political candidate or ballot issue, and shall be non-proselytizing.
6. No advertisement may contain libelous material.
7. No advertisement may be approved which would tend to create a substantial disruption in the school environment or inhibit the functioning of any school.
8. No advertisement shall be false, misleading, or deceptive.
9. To the extent feasible, each advertisement shall be reviewed in advance for age appropriateness.

10. Advertisements may be rejected by the Educational Service Center if determined to be inconsistent with the educational objectives of the Educational Service Center, inappropriate, or inconsistent with the guidance set forth in this policy.
11. All corporate support or activity shall be consistent with the Governing Board’s policies prohibiting discrimination on the basis of race, color, national origin, religion, sex, disability, or age, and shall be age appropriate.
12. Students shall not be required to advertise a product, service, company, or industry.
13. Advertising shall not be permitted on the outside or the inside of school buses.
14. The Superintendent or designee is responsible for screening all advertising.
     
15. The Superintendent or designee may require that samples of advertising be made available for inspection.
16. The inclusion of advertisements in the Educational Service Center publications, in Educational Service Center facilities, or on Educational Service Center property does not constitute or imply approval and/or endorsement of any product, service, organization, or activity.
17. Final discretion regarding whether to advertise and the content and value of the materials shall be with the Governing Board.

Accounting

Advertising revenues shall be properly reported and accounted for.

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