Public Solicitations/Advertising in District Facilities

                                                                                                                                   
PUBLIC SOLICITATIONS/ADVERTISING IN DISTRICT FACILITIES

It  is the intent of the district to operate a nonpublic forum and, except as allowed in this policy, advertisement is prohibited on district property. For the purposes of this policy, advertisement includes, but is not limited to, in-person solicitation; signage; verbal announcements using communication equipment; pamphlets; handouts; distribution through district technology; other distribution of information regarding products or services available or for sale; or the solicitation of information including, but not limited to, political campaigning. This policy does not prohibit speech in circumstances where it is protected by law.

General Rule

The district may control the content of advertising as allowed by law. Minimally, advertisement on district property or at district events may not include information or materials that:

1. Are obscene to minors.

2. Are libelous.

3. Are pervasively indecent or vulgar (secondary schools) or contain any indecent or vulgar language (elementary schools).

4. Advertise any product or service not permitted to minors by law.

5. Constitute insulting or fighting words, the very expression of which injures or harasses other people (e.g., threats of violence, defamation of character or of a person's race, religion or ethnic origin).

6. Present a clear and present likelihood that, either because of their content or their manner of distribution, they will cause a material and substantial disruption of the proper and orderly operation and discipline of the school or school activities or will cause the commission of unlawful acts or the violation of lawful school procedures.

District-Sponsored Advertisement

This policy is not intended to limit the use of district resources or forums by district personnel to distribute district-sponsored information or advertisements. District-sponsored groups may distribute advertisement to employees and students as determined appropriate by the superintendent or designee and school principal. Materials from extracurricular organizations or professional groups created by the district are considered district sponsored.

Groups Affiliated with the District

The district may allow groups affiliated with the district to advertise on district property in the same manner and to the same extent that district-sponsored groups are allowed to advertise. For the purpose of this policy, a group is affiliated with the district if it is recognized by the Board and 1) working collaboratively with the district, such as a business partner, or 2) is a group that is created solely to work with the district, its staff, students and parents and to raise funds for district activities such as parent-teacher  associations or booster clubs.

Curriculum-Related  Advertisement

District staff may use resources with reasonable advertising content when such resources are consistent with and related to the district's curriculum and compliant with the district's wellness policy and procedures. District staff may distribute advertisements regarding programs, events, contests and other activities that are not sponsored by the district when those events are consistent with and related to the district's curriculum. District staff may invite companies, organizations or individuals to advertise during school hours or school events if the school principal determines that the information provided is consistent with and related to the district's curriculum.

Distribution Directly to Students

Only curriculum-related advertisement, district-sponsored advertisement and advertisement by groups affiliated with the district may be distributed directly to students by placing the item in the student's backpack, folder or other conveyance; handing the material to students; placing the material at the student's assigned place; or instructing the student to pick up material at a designated location. Placing items in a designated location where they are available to students is not direct distribution if students are not instructed to pick up the materials.

Distribution to Staff

The district's intercampus mail, staff mailboxes and district e-mail are reserved for communication between employees regarding district business or for distribution of district-sponsored advertisement or advertisement from groups affiliated with the district.

Advertising from any other person or group will be made available to staff by placement in staff work areas or on designated bulletin boards not easily accessible to students. Such advertising must be provided first to the school principal and must clearly state that the district does not sponsor or endorse the information. School principals may establish uniform rules about the length of time an advertisement will be available and may limit the number of advertisements available at one (1) time.

Distribution by Students

Students may distribute district-sponsored advertisements on district property during non instructional time as allowed by the school principal and group sponsor. Students may distribute noncurricular student publications and other advertisements not sponsored by the district during non instructional time only in accordance with Board policy IGDBA.

Distribution  by Student-Initiated Noncurricular Groups

Student-initiated noncurricular groups that meet in district facilities shall have the same access to district communication tools and media, including publications, websites and intercom, and are subject to the same provisions on the distribution and content of materials as district-sponsored noncurricular groups. The district may require these groups to clearly state on any advertisement or information that the group is not sponsored by the district.

Advertisement in Designated Locations

School principals may designate a bulletin board, table or other specific location where information regarding nonprofit community events targeting students and parents may be posted or otherwise advertised. All groups fitting this description will be allowed to submit advertising to be placed at the designated location. Such advertising must be provided to the school principal first and must clearly state that the district does not sponsor or endorse the information . School principals may establish uniform rules about the length of time an advertisement will be available and may limit the number of advertisements available at one (1) time.

Distribution at District Events

Only district-sponsored advertisement and advertisement from groups affiliated with the district may be distributed at district events, unless the district sells advertisement opportunities as described below.

Groups Using District Facilities

Boy Scouts, Girl Scouts and other Title 36 youth groups and their official affiliates who meet in district facilities pursuant to the Board's policy on use of facilities may distribute advertising during any meeting, activity or event held in accordance with that policy and applicable procedures but otherwise have no greater ability to advertise or distribute information in schools than groups not using district facilities.

Revenue-Generating Advertising on District Property or in District Publications

The district may accept or solicit advertising for use on the district's website and in gymnasiums, athletic fields and other facilities primarily used for extracurricular activities. Any such advertising will be limited to the name, address, phone number, Internet address and logo of the advertiser.

The district ·may accept or solicit advertising on extracurricular activity schedules, programs, newspapers, yearbooks or other district-sponsored publications at the discretion of the principal of the school involved. Advertising generally will be limited to the name, address, phone number, Internet address and logo of the advertiser except that publications may also provide the advertiser with a selection of greetings, phrases or graphics that can be included if the advertiser so chooses.

Student publications and the advertising in those publications are district-sponsored speech subject to editorial control over content in accordance with law.

All such advertising must be compliant with the district's wellness policy and procedures.

Collecting, Disclosing or Using Information for Marketing

In general, the district will not collect, disclose or use personal information from students for the purpose of marketing or selling that information or otherwise providing that information to others for that purpose unless required by law. For the purposes of this policy, "personal information" means individually identifiable information, including a student's or parent's first and last name, a home or other physical address, a telephone number and Social Security number.

In the rare case where the district may collect or disclose students' personal information or allow another group or entity to collect or disclose students' personal information for the purpose of marketing or selling that information, the district will directly notify the parents/guardians in accordance with law at least annually at the beginning of the school year of the specific or approximate dates when such information will be collected. Parents/Guardians, upon request, may inspect any instrument used to collect personal information for the purpose of marketing or selling that information before the instrument is administered or distributed to a student. All parents/guardians and students of appropriate age may decline to provide the information requested.

This portion of the policy does not apply to the collection, disclosure or use of personal information collected from students for the exclusive purpose of developing, evaluating or providing educational products or services for or to students or educational institutions, to the extent allowed by law and Board policy.

Adopted:          August 15, 2007 Revised:

Cross Refs:    

ADF, District Wellness Program

DCB, Political Campaigns

GBCB, Staff Conduct

IGBC, Parent/Family Involvement in Instructional and Other Programs

IGDA, Student-Initiated Group Use of District Facilities

IGDBA, Distribution of Noncurricular Student Publications

JHDA, Surveying, Analyzing or Evaluating Students

JO, Student Records

Legal Refs:       '' 610.010 - .028, RSMo.

Boy Scouts of America Equal Access Act, 20 U.S.C. ' 7905 34 C.F.R. II 108.l - 108.9

Patriotic  and National  Observances,  Ceremonies  and  Organizations,  36 U.S.C., Subtitle II, Part B

Embry v. Lewis, 215 F.3d 884 (8th Cir. 2000)

New Franklin R-I School District, New Franklin, Missouri