It is the intent of the district to operate a nonpublic forum and, except as allowed in this policy,
advertisement is prohibited on district property. For the purposes of this policy, advertisement
includes, but is not limited to, in-person solicitation; signage; verbal announcements using
communication equipment; pamphlets; handouts; distribution through district technology; other
distribution of information regarding products or services available or for sale; or the solicitation of
information including, but not limited to, political campaigning. This policy does not prohibit
speech in circumstances where it is protected by law.
General Rule
The district may control the content of advertising as allowed by law. Minimally, advertisement on
district property or at district events may not include information or materials that:
1. Are obscene to minors.
2. Are libelous.
3. Are pervasively indecent or vulgar (secondary schools) or contain any indecent or vulgar
language (elementary schools).
4. Advertise any product or service not permitted to minors by law.
5. Constitute insulting or fighting words, the very expression of which injures or harasses other
people (e.g., threats of violence, defamation of character or of a person's race, religion or
ethnic origin).
6. Present a clear and present likelihood that, either because of their content or their manner of
distribution, they will cause a material and substantial disruption of the proper and orderly
operation and discipline of the school or school activities or will cause the commission of
unlawful acts or the violation of lawful school procedures.
District-Sponsored Advertisement
This policy is not intended to limit the use of district resources or forums by district personnel to
distribute district-sponsored information or advertisements. District-sponsored groups may
distribute advertisement to employees and students as determined appropriate by the superintendent
or designee and school principal. Materials from extracurricular organizations or professional
groups created by the district are considered district sponsored.
District-sponsored groups are defined as extracurricular or noncurricular organizations or
professional groups created by the district.
Groups Affiliated with the District
The district may allow groups affiliated with the district to advertise on district property in the same
manner and to the same extent that district-sponsored groups are allowed to advertise. For the
purpose of this policy, a group is affiliated with the district if it is recognized by the Board and 1)
working collaboratively with the district, such as a business partner, or 2) is a group that is created
solely to work with the district, its staff, students and parents and to raise funds for district activities
such as parent-teacher associations or booster clubs.
Curriculum-Related Advertisement
District staff may use resources with reasonable advertising content when such resources are
consistent with and related to the district's curriculum and compliant with the district's wellness
policy and procedures. District staff may distribute advertisements regarding programs, events,
contests and other activities that are not sponsored by the district when those events are consistent
with and related to the district's curriculum. District staff may invite companies, organizations or
individuals to advertise during school hours or school events if the school principal determines that
the information provided is consistent with and related to the district's curriculum.
Distribution Directly to Students
Only curriculum-related advertisement, district-sponsored advertisement and advertisement by
groups affiliated with the district may be distributed directly to students by placing the item in the
student's backpack, folder or other conveyance; handing the material to students; placing the material
at the student's assigned place; or instructing the student to pick up material at a designated location.
Placing items in a designated location where they are available to students is not direct distribution
if students are not instructed to pick up the materials.
Distribution to Staff
The district's intercampus mail, staff mailboxes and district e-mail are reserved for communication
between employees regarding district business or for distribution of district-sponsored advertisement
or advertisement from groups affiliated with the district.
Advertising from any other person or group will be made available to staff by placement in staff
work areas or on designated bulletin boards not easily accessible to students. Such advertising must
be provided first to the school principal and must clearly state that the district does not sponsor or
endorse the information. School principals may establish uniform rules about the length of time an
advertisement will be available and may limit the number of advertisements available at one (1) time.
Distribution by Students
Students may distribute district-sponsored advertisements on district property during
noninstructional time as allowed by the school principal and group sponsor. Students may distribute
noncurricular student publications and other advertisements not sponsored by the district during
noninstructional time only in accordance with Board policy IGDBA.
Distribution by Student-Initiated Noncurricular Groups
Student-initiated noncurricular groups that meet in district facilities shall have the same access to
district communication tools and media, including publications, websites and intercom, and are
subject to the same provisions on the distribution and content of materials as district-sponsored
noncurricular groups. The district may require these groups to clearly state on any advertisement or
information that the group is not sponsored by the district.
Advertisement in Designated Locations
School principals may designate a bulletin board, table or other specific location where information
regarding nonprofit community events targeting students and parents may be posted or otherwise
advertised. All groups fitting this description will be allowed to submit advertising to be placed at
the designated location. Such advertising must be provided to the school principal first and must
clearly state that the district does not sponsor or endorse the information. School principals may
establish uniform rules about the length of time an advertisement will be available and may limit the
number of advertisements available at one (1) time.
Distribution at District Events
Only district-sponsored advertisement and advertisement from groups affiliated with the district may
be distributed at district events, unless the district sells advertisement opportunities as described
below.
Groups Using District Facilities
Boy Scouts, Girl Scouts and other Title 36 youth groups and their official affiliates who meet in
district facilities pursuant to the Board's policy on use of facilities may distribute advertising during
any meeting, activity or event held in accordance with that policy and applicable procedures but
otherwise have no greater ability to advertise or distribute information in schools than groups not
using district facilities.
Revenue-Generating Advertising on District Property or in District Publications
The district may accept or solicit advertising for use on the district's website and in gymnasiums,
athletic fields and other facilities primarily used for extracurricular activities. Any such advertising
will be limited to the name, address, phone number, Internet address and logo of the advertiser.
The district may accept or solicit advertising on extracurricular activity schedules, programs,
newspapers, yearbooks or other district-sponsored publications at the discretion of the principal of
the school involved. Advertising generally will be limited to the name, address, phone number,
Internet address and logo of the advertiser except that publications may also provide the advertiser
with a selection of greetings, phrases or graphics that can be included if the advertiser so chooses.
Student publications and the advertising in those publications are district-sponsored speech subject
to editorial control over content in accordance with law.
All such advertising must be compliant with the district's wellness policy and procedures.
Collecting, Disclosing or Using Information for Marketing
In general, the district will not collect, disclose or use personal information from students for the
purpose of marketing or selling that information or otherwise providing that information to others
for that purpose unless required by law. For the purposes of this policy, "personal information"
means individually identifiable information, including a student's or parent's first and last name, a
home or other physical address, a telephone number and Social Security number.
In the rare case where the district may collect or disclose students' personal information or allow
another group or entity to collect or disclose students' personal information for the purpose of
marketing or selling that information, the district will directly notify the parents/guardians in
accordance with law at least annually at the beginning of the school year of the specific or
approximate dates when such information will be collected. Parents/Guardians, upon request, may
inspect any instrument used to collect personal information for the purpose of marketing or selling
that information before the instrument is administered or distributed to a student. All
parents/guardians and students of appropriate age may decline to provide the information requested.
This portion of the policy does not apply to the collection, disclosure or use of personal information
collected from students for the exclusive purpose of developing, evaluating or providing educational
products or services for or to students or educational institutions, to the extent allowed by law and
Board policy.
* * * * * * *
Note: The reader is encouraged to check the index located at the beginning of this section
for other pertinent policies and to review administrative procedures and/or forms for
related information.
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Adopted: 10/14/1993
Revised: 01/10/2002; 11/11/2004; 01/18/2007; 05/13/2010; 11/08/2012
Cross Refs: ADF, District Wellness Program
DCB, Political Campaigns
GBCB, Staff Conduct
IGBC, Parent/Family Involvement in Instructional and Other Programs
IGDA, Student-Initiated Group Use of District Facilities
IGDBA, Distribution of Noncurricular Student Publications
JHDA, Surveying, Analyzing or Evaluating Students
JO, Student Records
Legal Refs: §§ 610.010 - .028, RSMo.
Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g
Protection of Pupil Rights Amendment, 20 U.S.C. § 1232h
Boy Scouts of America Equal Access Act, 20 U.S.C. § 7905
34 C.F.R. §§ 108.1 - 108.9
Patriotic and National Observances, Ceremonies and Organizations, 36 U.S.C.,
Subtitle II, Part B
Embry v. Lewis, 215 F.3d 884 (8th Cir. 2000)
St. Charles School District, St. Charles, Missouri
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