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School Advertising Restrictions    4250

1.PURPOSE AND PHILOSOPHY

Sevier School District schools, grounds, and buildings are not public forums for the display or distribution of non-school information. Except as specifically authorized by this policy, no company, organization, group, or individual from outside the District may use the schools or other District facilities, property, or resources for the posting, display, or distribution of signs, banners, fliers, advertisements, bulletins, newspapers, posters, coupons, or other materials.

2. PROHIBITED AREAS

2.1. Unless specifically authorized under Section 6 of this policy, no school or District building, structure, vehicle, or other property, facility, or resource may be used for advertising, speech, or other communication of any kind that may constitute a public forum, limited or otherwise. Such District property and resources may not contain any sign, flier, banner, name, logo, message, or other marking or material, whether permanent or temporary, of an individual, business, or other group from outside the District unless explicitly authorized by Section 6 of this policy.

2.2. Advertising of any kind is expressly prohibited in the following locations:

2.2.1. School marquees;

2.2.2. Fences, retaining walls, and other landscaping structures;

2.2.3. The exterior of any building, structure, or facility;

2.2.4. Except as provided in Section 6.6 below, the grounds surrounding any District building, including but not limited to lawns, trees, sidewalks, parking lots, playgrounds, or any other areas of real property.

3. FLIERS AND OTHER MATERIALS GIVEN TO STUDENTS

3.1. Sevier School District and its schools receive an overwhelming number of requests to have students take home printed material to advertise various programs and products. Some of these programs and products are from profit organizations and others are from non-profit organizations. It is the intent of the District that only literature, material, and information that is appropriate and educationally relevant be distributed to students. Students are not to be used as a means for individuals or organizations to distribute their advertising material. As a general rule, the schools and departments in Sevier School District are to allow only District and school related literature, material, and information to be sent home with students. All literature, material, and information to be distributed to students shall be approved by the respective school administrator or department supervisor. Schools and departments are permitted to distribute to their students the following types of literature, material, and information.

3.1.1. Official District and school newsletters;

3.1.2. Literature and material containing District and school news, programs, activities, and events;

3.1.3. Appropriate and approved Parent Teacher Association (PTA), Parent Teacher Student Association (PTSA), and Parent Teacher Organization (PTO) literature;

3.1.4. Literature and material concerning the District’s community education programs; (i.e., Richfield, Salina, and Monroe Cities, Snow College, Richfield Residential Hall, etc.)

3.1.5. Literature and material from the Sevier Education Foundation;

3.1.6. Literature and material regarding government programs, activities, and events. (i.e., DCFS,
Health Department, other State and Federal Agencies partners, National Guard, etc.)

3.2. Except as specifically authorized above, all other type of literature and material is prohibited and shall not be distributed to students. All literature and material must be in compliance with, and shall not violate, applicable state and federal laws, rules, and District policies and procedures. Specifically, any materials containing the following are expressly prohibited.

3.2.1. Indecent, vulgar, or lewd material or obscenity as defined in reference to minors;

3.2.2. Libelous material;

3.2.3. Material that invades the privacy of others;

3.2.4. Material that promotes illegal activities for minors;

3.2.5. Material that infringes upon another’s copyright or other intellectual property rights;

3.2.6. Advertising or commercial material from profit and non-profit organizations; and 3.2.7. Material from non-student sponsored organizations.

4. RECOGNITION FOR DONATIONS

4.1. School administrators may choose to recognize generous financial donations to the District by placing plaques, banners, or signs in a appropriate location at the school site.

4.1.1. Plaques, banners, or signs recognizing all financial donations shall be uniform in size and design.

4.1.2. The size, design, and wording on the plaques, banners, or signs will be determined by the school administrator and must serve the purpose of recognizing the donations rather than advertising any product or service of the donors.

4.1.3. Plaques, banners, or signs remain the property of the District and may be moved or removed at any time at the discretion of the school administrator.

4.2. School administrators may choose to recognize donations of equipment, fixtures, or other items such as trophy cases, statues, or furniture by placing or allowing a small plaque or other marking on or near the donated item. Such plaques and markings must be small, unobtrusive, and similar in design and wording to other plaques recognizing donated items at the school. As with plaques recognizing financial donations, plaques and other markings recognizing donated equipment, fixtures, or other items remain the property of the District and may be moved or removed at any time at the discretion of the school administrator.  Donations may not be used in a way that would illegally discriminate against or allow disparate or inequitable educational opportunities for any of its students, especially, but not limited to gender inequity as prohibited by title IX of the Education Amendments of 1972.

4.3. Naming rights may not be sold or given in exchange for donations. Recognition for donations may not give the impression that any equipment, fixture, building, facility, or other District resource has been named in exchange for any donation.

5. DONATED EQUIPMENT, CLOTHING, AND OTHER MATERIALS

5.1. Any donated equipment, clothing, or other materials must comply with this policy and Utah code.

5.2. Donations of clothing, equipment, or materials may not contain advertising of any kind, including the name, logo, or other marking of the donor or other affiliated entity, except that a small logo of the manufacturer incident to the manufactured product and commonly found on such products may be allowed.

6. PERMITTED ADVERTISING

6.1. Limited advertising is permitted only in the locations specified in this section and only under the conditions outlined in this policy. Sevier School District and its board members, administrators, officers, employees, agents, and representatives neither sponsor nor endorse any individual, entity, or organization, or their respective goods, products, services, activities, messages, or events whose advertisement or other content is displayed on District property.

6.2. In general, the District operates its schools as non-public forums. The advertising permitted by this section is intended to create a limited public forum for the advertisement of goods, products, services, activities, and events of outside individuals, entities, and organizations, subject to this policy and applicable individual contracts. The District may redefine or close the limited public forum at any time and for any or no reason.

6.3. Advertisements and other speech shall not do any of the following:

6.3.1. Contain any content or offer to perform any conduct that may be illegal, false, inaccurate, threatening, harmful, hateful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, indecent, lewd, profane, or invasive of a person’s privacy.

6.3.2. Violate any state or federal laws, rules, regulations, or District policies and procedures.

6.3.3. Promote illegal discrimination on the basis of gender, race, color, religion, age, national origin, disability, or any other legally protected classification.

6.3.4. Promote activity that is illegal or unsuitable for minors.

6.3.5. Defame a person or organization.

6.3.6. Threaten or cause a disruption of a school or school-sponsored activity.

6.3.7. Impersonate or misrepresent any other person, entity, or organization, or forge or otherwise seek to conceal or misrepresent the origin of any content provided by the advertiser.

6.3.8. Contain any content that may give rise to the District’s civil or criminal liability, or which may constitute or be considered a violation of any state, federal, or international law, including, but not limited to, laws relating to copyrights, trademarks, patents, or trade secrets.

6.3.9. Except as allowed under Section 6.6 below, contain any political advertising. No sign, banner, or other material promoting, disapproving, or otherwise advertising for or against a referendum, a political message, or a candidate running for public office may be displayed on school or District property.

6.4. Contracted Vendors for Student Purchases

6.4.1. The District enters into contracts with vendors of merchandise intended for student purchase such as yearbooks, school photos, graduation materials, items in vending machines, etc. Such contracted vendors may advertise their products as authorized by the school administrator and this policy. In no event shall such advertising infringe upon instructional time.

6.4.2. Contracted vendors must be approved as required by applicable District policies. 6.4.3. All advertising by contracted vendors must conform to this Policy, in particular the restrictions outlined in Section 6.3 above.

6.5. Facility Use Agreements

6.5.1. Individuals or entities using District facilities under a Facility Use Agreement consistent with Sevier School District Policy may use the rented facility for advertising related to the use for which the facility is rented.

6.5.2. All advertising pursuant to a facility use agreement must conform to the requirements in Section 6.3 above. 6.5.3. All advertising pursuant to a facility use agreement must first be approved by the school administration.

6.5.4. All advertising pursuant to a facility use agreement must be temporary and is permitted only for the duration of the rental period outlined in the Facility Use Agreement. 6.5.5. Advertising pursuant to a facility use agreement may be allowed on a school’s lawns subject to approval by the school administration and provided that the advertising causes no damage to the lawn.

6.5.6. School and District administrators may refuse, delete, or remove any advertisements or content, including names, logos, or any other material, if continued display reflects negatively on the District or in any way violates this or other District policy. 6.6. School Websites

6.6.1. Advertising on a school website must comply with the following:

6.6.1.1. All information on the school website must conform to the requirements in Section 6.3 above.

6.6.1.2. No advertising is allowed on a school’s homepage. Any advertising on a school website must be on a secondary page dedicated specifically to financially benefitting the school under a heading such as “Support Our School” or “Online Offers” or something similar. The secondary page may be accessible through a link on the homepage.

6.6.1.3. All information on the school website must first be approved by the school administration.

6.6.1.4. School and District administrators may refuse, delete, or remove any advertisements or content, including names, logos, or any other material, if continued display reflects negatively on the District or in any way violates this or other District policy.

6.7. School Publications

6.7.1. Schools may include advertising within printed or electronic materials such as playbills, concert or athletic event programs, newspapers, yearbooks, literature, and other materials.

6.7.2. Advertising in school publications must comply with the following:

6.7.2.1. All advertising in a school publication must conform to the requirements in Section 6.3 above.

6.7.2.2. All advertising in a school publication must first be approved by the school administration.

6.7.2.3. All advertising given to students must comply with the requirements in Section 3 above.

6.7.2.4. School and District administrators may refuse, delete, or remove any advertisements or content, including names, logos, or any other material, if continued display reflects negatively on the District or in any way violates this or other District policy.

6.8. Bulletin Boards or Designated Space

6.8.1. Schools may contain a single school-wide bulletin board located on a wall inside the building or other designated space where notices, bulletins, fliers, advertisements, and other approved materials may be placed on a temporary basis. Outside advertising via electronic bulletin boards is prohibited.

6.8.1.1. All materials posted on a school bulletin board must conform to the requirements in Section6.3 above.

6.8.1.2. All materials posted on a school bulletin board must first be approved by the school administration.

6.8.1.3. School and District administrators may refuse, delete, or remove any advertisements or content, including names, logos, or any other material, if continued display reflects negatively on the District or in any way violates this or other District policy. 6.9. Advertising to Faculty and Staff

6.9.1. School faculty rooms may contain a single bulletin board and/or table/wall space where notices, bulletins, fliers, advertisements, and other approved materials may be placed on a temporary basis.

6.9.1.1. All materials placed in the faculty room must conform to the requirements in Section 6.3 above.

6.9.1.2. All materials placed in the faculty room must first be approved by the school administration.

6.9.1.3. School and District administrators may refuse, delete, or remove any advertisements or content, including names, logos, or any other material, if continued display reflects negatively on the District or in any way violates this or other District policy.

6.9.2. School administrators may allow individuals or representatives from businesses or other entities to visit the school for purposes of advertising their products or services to faculty and staff members in a room designated by the administrator away from students.  Such visits must not interrupt instructional time or take employees away from their employment responsibilities.

6.9.3. Faculty and staff inboxes (both physical and electronic) may be used at the discretion of the school principal for the dissemination of advertisements for products or services that would benefit a school, class, or program. Inboxes may not be used to disseminate advertisements meant to benefit only the faculty or staff member personally.

6.10. Benefits Fair A District Benefits Fair organized by the District may be held at a school or other District building each year. Vendors may attend and advertise their services and products through an approval process developed by the District and consistent with this policy.

6.11. District Administration Buildings Advertising materials consistent with Section 6.3 above may be placed on bulletin boards and in and other designated areas at District administration buildings. District administrators may allow individuals or representatives from businesses or other entities to visit the administration buildings for purposes of advertising their products or services to employees in a room designated by the administrator.


6.12. Athletic Facilities

6.12.1. In accordance with the terms of this policy, advertising is permitted within high school athletic facilities where interscholastic competitions take place, scoreboards, athletic field fences, and gymnasiums.

6.12.2. All advertising must conform to Section 6.3 above.


6.13. Financial and/or Motivational Benefits for school
    
6.13.1. A school or the District may participate with a company that is for-profit as long as there are financial or student motivational benefits.  The company’s main purpose must be to support the school or District and not to advertise.  Examples such as labels or box tops from a company that returns a payment to the school or receipts for which a school receives a percentage of sales, rewards to motivate students who meet certain educational criteria may also be considered.
    
6.13.2. School and/or District administrators may refuse or remove any companies or company content, including names, logos, or any other material, if continued participation reflects negatively on the District or in any way violates this or other District policy.  6.13.3   These types of arrangements may occur on a limited bases.  

Approved:     09/14/16