8:025 Community Relations

Advertising and Distributing Materials in Schools Provided by Non-School Related Entities

No material or literature shall be posted or distributed that would: (1) disrupt the educational process, (2) violate the rights or invade the privacy of others, (3) infringe on a trademark or copyright, or (4) be defamatory, obscene, vulgar, or indecent. No material, literature, or advertisement shall be posted or distributed without advance approval as described in this policy.

Community, Educational, Charitable, or Recreational Organizations

Community, educational, charitable, recreational, or similar groups may, under procedures established by the Superintendent, advertise events pertinent to students’ interests or involvement.  This may include displaying posters in areas reserved for community posters, having flyers distributed to students, or being included in the school’s or District’s website where appropriate. All material and literature must be (1) student-oriented, (2) prominently display the sponsoring organization’s name, and (3) be approved in advance by the Superintendent or designee. The District reserves the right to decide where and when any advertisement or flyer is distributed, displayed or posted.

Commercial Companies and Political Candidates or Parties

The Board of Education shall allow paid advertising within district buildings and upon district premises, but only in accordance with the conditions provided in this policy.  This policy is intended solely to sell paid advertising to raise revenue to defray costs and expressly does not create a public forum for public expression.

No individual or entity may advertise or promote its interests by using the names or pictures of the School District, any District school or facility, staff members, or students except as authorized by and consistent with administrative procedures and approval by the Superintendent or designee.

Material from candidates and political parties will not be accepted for posting or distribution, except when used as part of the curriculum.

No advertising may be placed in or used by the District or a school unless such advertising is paid advertising as defined in this policy and approved in accordance with this policy.  “Paid advertising” is defined as the payment of money or other economic benefit to the District for promoting the sale of any product, service, activity or program to the community by the district’s placing a sign, display, advertisement, banner, etc on district property or placing an advertisement in a district program, yearbook, newspaper or other school publication.  The use in the schools of curriculum-related material and school supplies bearing the name of a business, publisher or manufacturer shall not be construed as paid advertising under this policy.

No paid advertising shall be construed as or constitute an endorsement by the Board, District or school of any product, service, activity, program or organization and the District reserves the right to reject any paid advertising.

Paid advertising may be allowed on district athletic facilities, stadiums, baseball fields, gymnasiums, auditoriums, program pamphlets, school publications, district website or any other venue where such paid advertising would be directed primarily to members of the public.  The following restructions apply to where paid advertising is placed.

• There shall be no paid advertising in the classrooms or in any other venue where such paid advertising would be principally directed at students.
• There shall be no paid advertising on the exterior of a building or that involves the construction of an apparatus on school grounds, or that involves the anchoring of signage into a physical wall without the prior written approval of the Facilties and Operations Department.  There shall be no billboards or signage on top of district buildings.

All paid advertising must meet the following criteria:

• No paid advertising shall conflict with the Board’s mission, policies, or the District’s curriculum or instructional program.
• No paid advertising shall promote hostility, disorder or violence.
• No paid advertising shall attack, demean, ridicule or disparage based upon membership in any group identified in state and federal anti-discrimination laws and/or in the District’s nondiscrimination policies.
• No paid advertising shall be libelous.
• No paid advertising shall endorse a political cause, political activity, political party or candidate for political office or position.
• No paid advertising shall promote drugs, alcohol, tobacco, firearms or gambling.  Companies that sell any of the above items are not prohibited from advertising, only from featuring these items in the advertisement.
• No paid advertising shall adversely affect the District’s reputation or image.
• No paid advertising shall promote non-district K-12 schools.
• No paid advertising shall advance or endorse any religious organization.
• No paid advertising shall promote non-district programs or services that conflict with Batavia Public Schools programs and services.

All paid advertisements must be approved by the principal or department administrator responsible before being displayed.  Decisions made regarding paid advertising must be viewpoint neutral in light of the purpose served by the school.  Decisions made by the principal/department administrator whether to allow or disallow paid advertising may be appealed to the Superintendent or his/her designeee, whose decision shall be final.

All paid advertising must be documented by a contract signed on the District’s side by the principal/administrator or his/her designee.  No paid advertising contract shall be of duration of more than one year without prior Board approval.

The sale and proceeds of paid advertising on athletic fields, fine arts areas and programs may be delegated to non-profit support groups affiliated with Batavia Schools with written approval of the Superintendent or designee.

Cross Reference: 

7:325 Student Fund-Raising Activities

7:330 Student Use of Buildings – Equal Access

Legal Reference(s): 

Berger v. Rensselaer Central School Corp., 982 F.2d 1160 (7th Cir. 1993), cert. denied, 113 S.Ct. 2344 (1993).

DiLoreto v. Downey Unified School Dist., 196 F.3d 958 (9th Cir. 1999).

Hedges v. Wauconda Community Unit School Dist., No. 18, 9 F.3d 5 (7th Cir. 1993).

Lamb’s Chapel v. Center Moriches Union Free School Dist., 113 S.Ct. 2141 (1993).

Sherman v. Community Consolidated School Dist. 21, 8 F.3d 1160 (7th Cir. 1993), cert. denied, 114 S.Ct. 2109 (1994).

Date Adopted: 04/25/2006

Date Amended: 01/27/2015