Policies and Regulations NEPN Code: KHBA-R
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School/Community/Home Relations
Commercial Activities

Definitions

  1. Advertisement: Any payment of money or other economic benefit to a school or to the School District that requires visual, audio, or video placement of a name, slogan, or product message on District property, publication, or broadcast.
  2. Sponsorship: Any payment of money or other economic benefit to a school or to the District in exchange for recognition.
  3. Exclusive Rights Contracts: Any payment of a premium or provision of some economic benefit to a school or to the District for the right to be sole provider of a service or product.
  4. Purchase of Goods and Services: Purchase made by the District for a product or service required by the District.

Advertisements
No advertisement, as defined by this policy, shall be allowed unless it fits one or more of the following categories and is approved by the building principal and/or program administrator.

  1. Paid advertisements in a high school student newspaper or other District publication.
  2. Instructional aids furnished by private sources when the advertising is reasonable, non-intrusive, and not inherent to the content. Such instructional aids must meet the criteria for selection outlined in Policy IJK-Selection of Library and Supplemental Instructional Resources and Materials.
  3. Signs on athletic fields that meet the city’s sign code.
  4. Advertising at the event or in the program for an extra-curricular activity.
  5. Student incentives that benefit learning and achievement.
  6. The display of advertisers on such items as vending machines, electronic message boards, etc., that have been placed in the school for the use of students, staff, and the public.
  7. Incidental advertisements that appear when students are using various Internet services.

Sponsorships
The School Board encourages District staff to seek sponsorships to help support District programs and services, but no sponsorship agreement shall require that the District’s programs and services be delivered in a specific manner.

A sponsor may be acknowledged in District publications or broadcasts and on school premises. The acknowledgement should be an expression of appreciation rather than an advertisement and should not minimize or take away from the District’s role or responsibility for the activity or service.

Exclusive Rights Contracts
The Board may from time to time consider the approval of an exclusive rights contract if it will result in substantial benefit to the District, its schools, and their respective students, and is not inconsistent with the District’s mission, policies, and goals. The Board’s consideration of such benefit may include, but is not limited to, the impact on students as well as the amount of funds that will be generated, how the funds will be used, and what alternative sources of funding are available.

All such contracts must be issued in conformance with procedures established by law and Board policy. The contracts must include an end date and indicate whether or not the contract may be renewed. No site will be required to be a party to an exclusive rights contract unless it has agreed in advance or unless the Board determines that there is an overriding interest by the District for all schools or a specific set of schools to participate.

Exclusive rights contracts shall not include provisions that would allow marketing activities, including advertising, to take place in District classrooms, hallways, or lunchrooms, except vending machines that display product names.

Prior to approving an exclusive rights contract, the Board shall, after conducting a public hearing, determine whether the substantial benefit of the contract justifies the required advertising, sale of products, or other contract provisions.

Purchase of Goods and Services
From time to time the District may contract for goods and services where the display of product names is necessary. Such arrangements shall be issued in conformance with purchasing procedures established by law and Board policy, and be necessary to the economical use of the good or service, and shall not include provisions that would allow marketing activities, including advertising, to take place in District facilities other than where the product is being utilized.

Career and Technical Education (CTE) Academy
The CTE Academy is a unique K-12 program in that the Board expects administration to develop close partnerships with the business community to sponsor classrooms, programs, curriculum, equipment and materials. Notwithstanding the preceding restrictions on advertisements, sponsorships, exclusive rights contracts, and the purchase of goods and services, the District may enter into sponsorship agreements pertaining to the CTE Academy as approved by the Board.

Professional Development
For onsite District professional development conferences, sponsors may be permitted to operate an exhibitor booth if approved by the Superintendent or designee prior to the event. Onsite vendor sales will be allowed only for related educational materials.

Prohibited Commercial Activities
Use of District property for commercial purposes is prohibited except as permitted by Policy KF/KF-R and this policy, or unless the activity is specifically approved by the Board.

The activities allowed by this policy notwithstanding, no commercial activity shall be associated with any organization whose primary source of revenue is the sale of products or services not legal for purchase by minors; contain vulgar and plainly offensive, obscene, or sexually explicit language; advocate the violation of law or District policy; advance any religious or political organization; promote, favor, or oppose a candidate for elected office or a ballot measure; be associated with any company or individual whose actions are inconsistent with the District’s mission and goals; or otherwise be in violation of the law.

The District shall provide no personally identifiable data about a student to the sponsor of a commercial activity without the consent of a parent, unless the information is directory information as defined by Policy JRA/JRA-R and the Family Educational Rights and Privacy Act (FERPA). Likewise, no student, in order to participate in a school program or school-sponsored activity, shall be required to provide personally identifiable data to the sponsor of a commercial activity, unless the information is directory information as defined by JRA/JRA-R and FERPA.

Neither staff nor students shall be required to complete any survey or questionnaire that is designed to provide marketing information to a vendor or business about their interests and preferences for a particular vendor, business, or product.

No employee shall use the school name or their employment to endorse individual entities, business concerns or particular products unless approved by the Superintendent.

Any commercial activity allowed by this policy shall be respectful of all people regardless of race, color, gender, national origin or ancestry, ethnicity, sexual orientation, disability, age, religion, military/veteran status, genetic information, marital status, socioeconomic status, cultural background, familial status, physical characteristics, or linguistic characteristics.

All parent organizations and business partners are expected to follow these same guidelines when engaged in activities related to the District.

 

Related Policies/Regulations:

AC - Equal Opportunity/Nondiscrimination
AC-R - Equal Opportunity/Nondiscrimination
IJK - Selection of Library and Supplemental Instructional Resources and Materials
JRA - Student Records
JRA-R - Student Records
KF - Staff/Community Use of School Facilities
KF-R - Staff/Community Use of School Facilities

Legal References:

Family Educational Rights and Privacy Act 20 U.S.C. §1232g; 34 C.F. R. Part 99

 

Regulation   Board Action
Approved 08-08-05 34173
Revised 04-09-07 34697
Revised 03-24-08 35003
Revised 11-08-10 35875
Reviewed 03-14-16 37415
Revised 01-22-18 37945
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