The Board of Education establishes this policy to ensure effective and consistent standards for advertising and promotion by non-school groups in school-related publications and on school facilities and grounds. Student speech shall be regulated in accordance with BP/AR 5145.2 - Freedom of Speech/Expression.
(cf. 6145.5 - Student Organizations and Equal Access)
Limited Public Forum
The Board 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 the following if age-appropriate and consistent with the criteria established in this policy:
1. Distribution of noncommercial materials that publicize services, special events, public meetings or other items of interest to students or parents/guardians
(cf. 1400 - Relations Between Other Governmental Agencies and the Schools)
(cf. 6162.8 - Research)
2. Distribution of promotional materials of a commercial nature to students or parents/guardians
(cf. 1700 - Relations Between Private Industry and the Schools)
3. Paid and/or promotional advertisements on school property, including but not limited to advertisements on school fencing, athletic fields, gyms, and in school-sponsored publications, yearbooks, announcements and other school communications
4. 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.
(cf. 3290 - Gifts, Grants and Bequests)
(cf. 6161.11 - Supplementary Instructional Materials)
Guidelines for Content
Distribution of any materials or advertisement must be used only for their stated purposes and in a manner consistent with this policy and Administrative Regulation 1325.
Prior to distribution, posting or publishing of any non-school promotional materials or advertisements, 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. The Superintendent or designee shall review and approve all advertising copy and promotional materials to ensure compliance with Board policy.
All materials to be distributed shall bear the name and contact information of the sponsoring entity.
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 or designee shall not accept for distribution any materials or advertisements that:
1. Are lewd, obscene, libelous or slanderous (Education Code 48907)
2. Incite individuals to commit unlawful acts, violate school rules or disrupt the orderly operation of the schools (Education Code 48907)
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
(cf. 1160 - Political Processes)
(cf. 1330 - Use of School Facilities)
(cf. 4119.25/4219.25/4319.25 - Political Activities of Employees)
4. Contain prayer or proselytize language
5. Position the district on any side of a controversial issue
(cf. 6144 - Controversial Issues)
6. Discriminate against, attack or denigrate any group on account of any unlawful consideration
(cf. 0410 - Nondiscrimination in District Programs and Activities)
7. Promote the use or sale of materials or services that are illegal and/or inconsistent with school objectives, including but not limited to materials or advertisements for tobacco, intoxicants, and movies or products unsuitable for students
(cf. 5131.6 - Alcohol and Other Drugs)
(cf. 5131.62 - Tobacco)
8. Promote during the school day any food or beverage that does not comply with state nutritional standards pursuant to Education Code 49430-49434, including a corporate incentive program that offers free or discounted foods or beverages that do not meet nutritional standards as rewards for students who reach certain academic goals. This prohibition does not include advertising on clothing with brand images worn on school grounds, advertising contained in product packaging, or advertising of infrequent school fundraising events involving food or beverages that do not meet the nutritional standards. (Education Code 49431.9)
(cf. 3550 - Food Service, Child Nutrition Program)
(cf. 5030 - Student Wellness)
9. Solicit funds or services for an organization, with the exception of solicitations authorized in Board policy
(cf. 1321 - Solicitation of Funds from and by Students)
10. Distribute unsolicited merchandise for which an ensuing payment is requested
11. Display any advertising other than the sponsor's name, or includes specific product advertisement
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.
(cf. 0000 - Vision)
Additional criteria pertaining to the content of advertisements and/or promotions on school property, in school publications, and yearbooks, may be added as deemed appropriate by the Superintendent or designee in accordance with law and Board policy.
Legal Reference:
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
49430-49434 The Pupil Nutrition, Health, and Achievement Act of 2001, especially:
49431.9 Advertisement of non-nutritious foods
BUSINESS AND PROFESSIONS CODE
25664 Advertisements encouraging minors to drink
CALIFORNIA CONSTITUTION
Article 1, Section 2 Free speech rights
U.S. CONSTITUTION
Amendment 1, Freedom of speech and expression
UNITED STATES CODE, TITLE 42
1751-1769j School Lunch Program
1773 School Breakfast Program
COURT CASES
Hills v. Scottsdale Unified School District, (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 NEWPORT-MESA UNIFIED SCHOOL DISTRICT
adopted: September 11, 2018 Costa Mesa, California