POLICY 2-2.3 ADVERTISING/SALES/SOLICITATION

Distribution of Outside Communications/Materials

The division superintendent or his/her designee shall in advance approve any outside communications or materials that are distributed or made available in the Montgomery County Public Schools or on school property. The division superintendent or his/her designee may regulate the time, place and manner of such distribution consistent with applicable law. Non-instructional materials may not be distributed during instructional time. If doubt exists at this level as to whether distribution should be made, permission shall be denied until disposition of the matter is made by the Montgomery County School Board. Any decision by the School Board shall be final.

The distribution of materials or information, which publicly endorse or support groups or organizations involved in a commercial endeavor for profit ~~or political campaigns~~, is prohibited. Further, expressions that are libelous, slanderous, or defamatory are prohibited. The division superintendent or his/her designee shall regulate the distribution of material when there is a reasonable basis for the belief that such publication or expressive activity would:

1. create a clear and present danger of the commission of unlawful acts;

2. violate School Board policies, regulations, or the Student Code of Conduct;

3. materially disrupt classes, class work or the orderly operation of the school; or

4. violate the privacy rights of others.

Communications to parents from parent organizations affiliated with the school, or other communications of a significant educational value, may be distributed when approved by the relevant school principal.

Use of School Mail and Messenger Services

The use of the school division mail and messenger distribution services shall be limited to official Montgomery County Public Schools business.

Prohibition on Mandatory Distribution of Political Materials

No Montgomery County Public Schools student shall be required to convey or deliver any materials that (i) advocate the election or defeat of any candidate for elective office, (ii) advocate the passage or defeat of any referendum question, or (iii) advocate the passage or defeat of any matter pending before the School Board, the Montgomery County Board of Supervisors, the Virginia General Assembly, or the United States Congress. This policy does not prohibit the discussion or use of political or issue-oriented materials as part of classroom discussions or projects and does not prohibit the delivery of informational materials.

Advertising in Schools

Individual schools may not endorse or imply endorsement of any product. All requests for endorsement should be directed to the division superintendent.

In order to solicit advertisements from merchants and business establishments for school publications, school organizations must secure approval from the relevant school principal. If there is need for policy clarification, the principal shall consult with the division superintendent. Commercial establishments whose source of revenue is the sale of intoxicants may not advertise in school publications. Neither the facilities, nor the staff, nor the students (in their capacity as students) of any Montgomery County public school may be employed in any manner for advertising or otherwise promoting the interests of any commercial or other non-school organization.

In general, the School Board does not approve of commercialism within the public schools. However, the School Board recognizes and approves of the use of materials developed by commercial organizations when, in the judgment of the division superintendent or his/her designee, the educational value of the materials to be used far outweighs their commercialism; when the advertising is in good taste; and when the materials used are not available elsewhere at a reasonable cost. This prohibition shall not apply to civic and cultural entertainments or exhibits, in which case permission to advertise must be obtained from the division superintendent or his/her designee.

Public Solicitation in the Schools

No employee of the school division may sell or offer for sale, within the school or school grounds, any article or service to employees or students, except for the regularly established school cafeteria and textbook programs. This does not prevent solicitation for the United Way, dues for employee organizations, contributions for the benefit of professional organizations, or for school organizations at regularly scheduled extracurricular events after school hours. Exception: It is permissible for schools to sell certain specialized merchandise pertaining to the individual school, such as caps and sweaters bearing the school name, within the school building or at a school sponsored activity.

Public Sales on School Property

Sales on Montgomery County School Board property by outside vendors may only be made as outlined in Montgomery County School Board Policy 3-3.6.

Soliciting Funds from School Personnel and Students

The Montgomery County School Board must approve the direct solicitation of funds from school personnel and students by outside organizations. The School Board permits the solicitation of voluntary contributions from employees for the United Way. The division superintendent or his/her designee may develop and from time-to-time revise regulations necessary to affect the purpose of this policy.

Emergencies and Disasters

The division superintendent or his/her designee may approve the solicitation of voluntary contributions to local fund drives when these drives are of an emergency nature or are for disasters that have a strong emotional effect on the community.

Contribution to Charity

School participation in charity projects that involve soliciting/selling in the community (walk-a-thons, read-a-thons, jump rope, etc.) shall be limited during school time. Activities conducted during the school day shall be educational in nature and shall not infringe on required instructional time. The division superintendent or his/her designee shall approve all charity projects.

LEGAL REFERENCE: Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78, 22.1-79, 22.1-79.3, 22.1-125, 22.1-126, 22.1-131, 22.1-278.3, 22.1-293; Equal Access Act, 20 U.S.C. 4071, et seq; U.S. Constitution, First Amendment.