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Novato USD |  BP  1325  Community Relations

Advertising And Promotion   

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The Board of Education 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.

(cf. 1113 - District and School Web Sites)

(cf. 1114 - District-Sponsored Social Media)

(cf. 1330 - Use of School Facilities)

(cf. 5145.2 - Freedom of Speech/Expression)

(cf. 6145.5 - Student Organizations and Equal Access)

The Board of Education desires to promote positive relationships between schools and the community in order to enhance community support and involvement in district schools and limit student exposure to advertising and promotional materials.

Flyers and promotional materials from non-school sponsored groups shall not be distributed or posted.

1. Materials for distribution:

a. Materials to be distributed through students at the school must meet the following criteria:

(1) Notices of meetings, activities or events from PTA, PTSA, Parent Clubs, and Booster Clubs,

(2) Notices of meetings, activities or events from the City of Novato Parks, Recreation and Community Services and The Novato Foundation for Public Education (School Fuel),

(3) Notices of school-sponsored performances or events,

(4) Notices of events, meetings, or sign-ups by Novato-based, non-profit youth groups.

2. The following types of materials will not be distributed:

a. Political

b. Religious

c. Non-student related

d. For profit-related organizations

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

Management Resources:

CSBA PUBLICATIONS

School-Based Marketing of Foods and Beverages: Policy Implications for School Boards, Policy Brief, March 2006

WEB SITES

CSBA: http://www.csba.org

Policy NOVATO UNIFIED SCHOOL DISTRICT

adopted: August 12, 2008 Novato, California

revised: October 18, 2011

revised: November 5, 2013