BP 1325 — ADVERTISING AND PROMOTION

Community Relations BP 1325(a)

ADVERTISING AND PROMOTION

The Board of Education establishes this policy to ensure effective and consistent
implementation of its directions related to advertisements and promotions by non-school
groups in school sponsored publications, websites, 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 Websites)
(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)

Limited Public Forum

The Board desires to promote positive relationships between the District schools and
the community in order to enhance community partnerships, support, and involvement
in the schools.

In addition to traditional modes of distribution, the District utilizes an electronic flyer
distribution system supported through a third-party vendor that preserves natural
resources, maintains fiscal responsibility, embraces the use of innovative technology,
reduces multi-tier approval, and continues the District’s mission of providing information
to the CVUSD community in a timely and effective manner.

The Superintendent or designee may approve:

1. Distribution of noncommercial materials that publicize services, special events,
public meetings, or other gatherings of interest to students or parents/guardians

(cf. 1400 - Relations Between Other Governmental Agencies and 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 advertisements on school property, including, but not limited
to, advertisements on billboards and scoreboards

4. Paid advertisements in school sponsored publications, yearbooks,
announcements, and other school communications, including websites and
social media
 BP 1325(b)
ADVERTISING AND PROMOTION (cont.)

5. Products and materials donated by commercial enterprises for educational use,
including those that bear the name and/or logo of the donor, as long as they
do not unduly promote the donor or any commercial activity or product
(cf. 3290 - Gifts, Grants and Bequests)
(cf. 6161.11 - Supplementary Instructional Materials)

Prior to the distribution, posting, or publishing of any non-school group’s promotional
materials or advertisement, the Superintendent, principal, 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.

All materials to be distributed shall bear the name and contact information of the
sponsoring entity.

As necessary, the Superintendent, principal, or designee shall require a disclaimer
on any non-school 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, principal, or designee shall not accept for distribution, or allow on
school property, any materials, or advertisements that:

1. Are lewd, obscene, libelous, or slanderous

2. Incite students to commit unlawful acts, violate school rules, or disrupt the orderly
operation of the schools

3. Promote any particular political interest, candidate, party, or ballot measure,
unless the candidates or advocates from all sides are provided the opportunity
to present their views to the students during school hours or during events
scheduled pursuant to the Civic Center Act
(cf. 1160 - Political Processes)
(cf. 4119.25 - Political Activities of Employees)

4. Proselytize or position the District on any side of a controversial issue

(cf. 6144 - Controversial Issues)
 BP 1325(c)
ADVERTISING AND PROMOTION (cont.)

5. Discriminate against, attack, or denigrate any group on account of any unlawful
consideration

(cf. 0410 - Nondiscrimination in District Programs and Activities)

6. Promote the use or sale of materials or services that are illegal or inconsistent
with school objectives, including, but not limited to, materials or advertisements
for tobacco, intoxicants, non-nutritious foods and beverages, and movies or
products unsuitable for children

(cf. 5030 - Student Wellness)
(cf. 5131.6 - Alcohol and Other Drugs)
(cf. 5131.62 - Tobacco)

7. 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)

8. Distribute unsolicited merchandise for which an ensuring payment is requested

The Superintendent or designee also may consider the educational value of the
materials or advertisements, the age or maturity of the 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. The District reserves the right to deny any request.
(cf. 0000 - Vision)

Schools may establish additional criteria pertaining to the content of advertisements
in school publications and yearbooks, 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
38130-38139 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
 BP 1325(d)
ADVERTISING AND PROMOTION (cont.)

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) 131 F.3d 241
Hemry v. School Board of Colorado Springs, (D.Col. 1991) 760 F.Supp. 856
Bright v. Los Angeles Unified School District, (1976) 18 Cal. 3d 450
Lehman v. Shaker Heights, (1974) 418 U.S. 298

Management Resources:
WEBSITES
California School Boards Association: www.csba.org

Chino Valley Unified School District
Policy Adopted: October 19, 1995
Revised: January 8, 2004
Revised: October 19, 2006
Revised: June 3, 2010
Revised: June 27, 2013
Revised: September 2, 2021