POLICY SCHOOL ADVERTISING RESTRICTIONS

   Policy Number: 4080

Date: 10/24/2023

 

POLICY SCHOOL ADVERTISING RESTRICTIONS

(Print Policy)

Purpose

American Leadership Academy 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 school may use the school facilities, property, or resources for the posting, display, or distribution of signs, banners, fliers, advertisements, bulletins, newspapers, posters, coupons, or other materials. 

Definitions

    1. “Advertising” and its derivative forms mean the use of school facilities or resources to describe, notify, or draw attention to a product, service, or event sponsored or offered by an outside entity such as a business. Students may not be used to solicit or sell advertising except as an authorized fundraiser under American Leadership Academy’s Fundraising Policy. 
    2. “Fundraiser” means an activity or event provided, sponsored, or supported by a school that uses students to solicit funds. A fundraiser may involve the sale of goods or services, the solicitation of monetary contributions from individuals and/or businesses, or any other lawful means or methods using students to generate funds. 

PROHIBITED AREAS 

Unless specifically authorized under the permitted advertising of this policy, no school 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 school 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 school unless explicitly authorized by the Permitted Advertising section of this policy.   

Advertising for outside entities using the following facilities or resources is expressly prohibited: 

      1. School marquees;
      2. Fences, retaining walls, and other landscaping structures, except those forming the perimeter of an athletic field as permitted in the Permitted Advertising section of this policy.
      3. The exterior of any building, structure, or facility; 
      4. Except as provided in Permitted Advertising section of this policy, the grounds surrounding any school building, including but not limited to lawns, trees, sidewalks, parking lots, playgrounds, or any other areas of real property.   
      5. Any mass communication system that uses student, parent, or employee telephone numbers to push notifications either through calls or text messages. Such systems may be used only to communicate consistent with this policy.

FLIERS AND OTHER MATERIALS GIVEN TO STUDENTS

American Leadership Academy receive a number of requests to have students take home printed material to advertise various programs and products. Some are from profit organizations and others are from non-profit organizations. As a general rule, the schools and departments at ALA are to allow only school-related literature, material, and information to be sent home with students. Students are not to be used as a means for individuals or organizations to distribute their advertising material. It is the intent of the ALA that only literature, material, and information that is appropriate and educationally relevant be distributed to students. All literature, material, and information to be distributed to students shall be approved by the school administrator.  Aside from homework and other curriculum-related materials, schools are permitted to distribute to their students only the following types of literature, material, and information. 

      1. Official school newsletters;
      2. Literature and material containing school news, programs, activities, and events; 
      3. Appropriate and approved Parent Teacher Council (PTC), literature;
      4. Literature and material concerning the school’s community education programs;
      5. Literature and material concerning authorized school/business partnerships, programs, or fundraisers; and
      6. Literature and material regarding government programs, activities, and events. 

Except as specifically authorized above, all other types of literature and material are 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 school policies and procedures. Specifically, any materials containing the following are expressly prohibited.

      1. Indecent, vulgar, or lewd material or obscenity as defined in reference to minors;
      2. Libelous material;
      3. Material that invades the privacy of others;
      4. Material that promotes illegal activities for minors;
      5. Material that infringes upon another’s copyright or other intellectual property rights;
      6. Advertising or commercial material from profit and non-profit organizations; and
      7. Material from non-student sponsored organizations.

RECOGNITION FOR DONATIONS

Consistent with the ALA Donation Policy, the school may accept financial and other donations for use in the school or its programs. Donating does not create an exception to the advertising restrictions outlined in this policy, and administrators should reject donations that do more to advertise a business or product than provide for the needs of the school.  Consistent with this paragraph, donations may be recognized as provided in this section.  School administrators may choose to recognize generous financial donations to ALA by placing small plaques in a central location at the school site. 

      1. Plaques recognizing all financial donations shall be uniform in size and design. 
      2. The size, design, and wording on the plaques will be determined by administration and must serve the purpose of recognizing the donations rather than advertising any product or service of the donors. 
      3. Plaques remain the property of the school and may be moved or removed at any time at the discretion of administration. 

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 school and may be moved or removed at any time at the discretion of the school administrator. 

School administrators may choose to recognize donations by briefly announcing the name of the donor at an assembly or activity. No assembly or activity should be held for the sole purpose of recognizing donations, and donors should not be said to have “sponsored” any school activity or event. 

School administrators may choose to recognize donations by discreetly listing the name of the donor in a program or other document printed for some other purpose. Fliers, programs, or other documents should not be printed for the sole purpose of recognizing a donation. Logos, coupons, or other advertising of the donor should not be included in the recognition. Printed materials should not indicate that a school event or activity was “sponsored” by a donor. 

 

PERMITTED ADVERTISING 

Limited advertising is permitted only in the locations specified in this section and only under the conditions outlined in this policy. American Leadership Academy and its board members, administrators, officers, employees, agents, and representatives may 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 school property. 

In general, ALA 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 school may redefine or close the limited public forum at any time and for any or no reason. 

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

      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.
      2. Violate any state or federal laws, rules, regulations, or school policy and procedures.
      3. Promote illegal discrimination on the basis of gender, race, color, religion, age, national origin, disability, or any other legally protected classification.
      4. Promote activity that is illegal or unsuitable for minors.
      5. Defame a person or organization.
      6. Threaten or cause a disruption of a school or school-sponsored activity.
      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. 
      8. Contain any content that may give rise to the school’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. 
      9. Individuals, including candidates for public office, shall not be permitted to disrupt student learning by accessing students or facilities to engage in, prepare for, or create political advertising, either for photo opportunities or otherwise. 
      10. School names and logos shall not be used for political advertising.   
      11. No political sign may be posted on school or district property, which means real property, buildings, or other structures owned or by the school. A political sign means any sign or document that advocates for the election or defeat of a candidate for public office or the approval or defeat of a ballot proposition. UTAH CODE ANN. § 20A-17-103. 

VENDORS

When an individual or entity contacts a school employee to solicit advertising opportunities, the employee should not engage in negotiations or enter into any agreement for advertising unless the individual or entity has received approval from the business administrator.

When the school 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 business administrator and this policy. In no event shall such advertising infringe upon instructional time.   

Contracted vendors must be approved as required by applicable school policies, including but not limited to ALA’s Purchasing Policy.

SCHOOL-BUSINESS PARTNERSHIPS, EVENTS, AND STUDENT INCENTIVES

The business administrator may authorize a partnership between the school and an individual or entity to facilitate or satisfy a Utah Core Standard and/or Objective or other curricular requirement. Individuals or entities with whom the school has partnered may advertise their products as authorized by the business administrator and this policy. In no event shall such advertising infringe upon instructional time.

A school administrator may distribute to students donated items in connection with a school event held during the school day, such as the elementary track meet, field day, spelling bees, and other similar events. The donated item must be useful to student participation in, or otherwise related to, the school event. Items donated for purely marketing reasons will not be accepted or distributed to students. Any advertising contained on the donated items must conform to the limitations set forth in this policy. The donated items may not contain coupons, fliers, or other advertising material.   

A school administrator may distribute to students small coupons donated by businesses as an incentive for student achievement.  Any advertising contained on the coupons must conform to the limitations set forth in this policy.

All advertising must conform to the following limitations. 

      1. Coupons, donated items, and other materials must be delivered by the donor to the school office or other location designated by the school administrator. The donor may not distribute directly to students. 
      2. The advertising on a donated item under this section including the name and logo of the donor, must be no larger than two inches by two inches. 
      3. Advertising under this section may not contain offers to win goods or services, except as included in a program recognized by the Utah State Board of Education, Utah School Boards Association, or Utah Governor’s office. 
      4. Delivery and distribution of donated items, coupons, and other materials under this subsection may not impose an undue burden on students or employees nor take away from work or instructional time. School employees are not required to provide donors with detailed information about the school, such as the number of students in a particular class or grade, to facilitate distribution. 
      5. Once coupons, items, or other materials are donated to the school, they become property of the school. The school has no obligation to distribute them as requested by the donor. Distribution to students is at the discretion of school and administrators must be done only for the benefit of students. Advertising in connection with distribution to students is incidental, and distribution does not create a forum for commercial or other speech. 
      6. Donations do not create sponsorship, and donors may not be said to have “sponsored” any school event, program, or activity. School events, programs, and activities may not be referred to using the name of any business or donor.

SCHOOL PUBLICATIONS 

      1. Schools may include advertising within printed or electronic materials such as playbills, concert or athletic event programs, newspapers, yearbooks, literature, and other materials.
      2. Advertising in school publications must comply with the permitted advertising in this policy and approved through administration.
      3. School administrators may refuse, delete, or remove any advertisements or content, including names, logos, or any other material, if continued display reflects negatively on the school or in any way violates this or other school policy. 

BULLETIN BOARDS

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

    1. All materials posted on a school bulletin board must conform to the requirements in this policy.
    2. All materials posted on a school bulletin board must first be approved by the school administration.
    3. School administrators may refuse, delete, or remove any advertisements or content, including names, logos, or any other material, if continued display reflects negatively on the school or in any way violates this or other school policy. 

ADVERTISING TO FACULTY AND STAFF

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

      1. All materials placed in the faculty room must conform to the requirements in this policy.
      2. All materials placed in the faculty room must first be approved by the school administration.
      3. School administrators may refuse, delete, or remove any advertisements or content, including names, logos, or any other material, if continued display reflects negatively on the school or in any way violates this or other school policy. 

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 may not occur more than two (2) times in any thirty (30) day period, and such visits must not interrupt instructional time or take employees away from their employment responsibilities. Employees may not be required to attend or listen to advertisers.

Faculty and staff inboxes 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.

ATHLETIC FACILITIES

In accordance with the terms of this policy, advertising is permitted within high school athletic facilities where interscholastic competitions take place, including athletic marquees and scoreboards, athletic field fences, and gymnasiums.  All advertising must conform to the permitted advertising section of this policy.

SCHOOL BUSES

In accordance with the terms of this policy and Utah law, advertising is permitted on the exterior of school buses owned or operated by American Leadership Academy. See UTAH CODE ANN. § 41-6a-1309. 

All advertising on buses must conform to the permitted section of this policy and the advertising on buses shall reflect the standards and values American Leadership Academy and: 

      1. Shall be age appropriate; 
      2. Shall be consistent with the instructional requirements of UTAH CODE ANN. § 53G-10-402; and
      3. May not promote any substance or activity that is illegal for minors, such as alcohol, tobacco, drugs, or gambling; any political party, candidate, or issue; or sexual material; or any competing educational organization.

Advertising on buses may not jeopardize the safety of students. Specifically, advertising on buses may not: 

      1. Resemble a traffic-control device as defined in UTAH CODE ANN. § 41-6a-102; 
      2. Cover, obscure, or interfere with the operation of any required lighting, reflective tape, emergency exits, or any other safety equipment; 
      3. Be placed within six inches of any required markings, lighting, or other required safety equipment; 
      4. Be illuminated or be constructed of reflective material; 
      5. Be placed on the front or back of a school bus; or
      6. Cover more than 35% of the area of the side of a school bus.

Advertising on buses shall be affixed by removable decal only. No advertising may be permanent or leave any damage, markings, or other visible evidence once removed. 

Advertising on buses must be approved by the business administrator and may not extend for more than two (2) years or contain renewal provisions allowing for a total contract term of more than five (5) years.  Contracts shall require the vendor advertising to pay the labor and cost of creating and placing the advertisement on a school bus and for the removal of the advertisement. 

 

References

UTAH CODE ANN. § 20A-17-103

UTAH CODE ANN. § 41-6a-102

HB 119