KI/KJ - Commercial Advertising/Merchandise Sales
The Board recognizes that district-sponsored commercial advertising and merchandise sales may provide an important source of revenue for its programs and activities. Such advertising and/or sales may be permitted as approved by the superintendent or designee and as provided by this policy and/or Board policy KJA - Materials Distribution.
“Commercial advertising” as used in this policy means, use by any person, company, business or corporation, for personal or private gain, of any district media, including, but not limited to, school newspaper, yearbook or other printed material, flyer or circular, radio, television, video or any other electronic technology or indoor or outdoor signage designed to:
- Transmit a message offering any goods or services;
- Cause or induce any other person to purchase any goods or services;
- Increase demand for any goods or services.
Commercial advertising and merchandise sales approved by the district must be consistent with district mission, goals, Board policies and administrative regulations; promote positive values for district students through proactive educational messages that encourage student achievement and high standards of personal conduct.
The superintendent may consider for approval revenue-enhancing activities that include, but are not limited to, contracts or agreements for:
- Exclusive advertising and/or rental, sale, lease or use of any product or service throughout the district or at specified locations or times to a person, business or corporation in exchange for goods or services (e.g., scoreboards, electronic message boards, athletic gear, exclusive right to sell beverages, bottled water, snacks, meals, etc.);
- Products or services that require the dissemination of advertising to staff, students, parents or others or allow any person, business or corporation to obtain information from staff, students, parents or others for the purposes of market research;
- The use of district facilities or grounds in exchange for products, services or financial considerations (cell phone towers, etc.);
- Technology hardware, software, satellite hook-up and/or access in exchange for free or reduced prices and/or fees and/or advertising rights, or agreement to use equipment a certain number of hours of the day, month, etc.
The solicitation and sale of travel services to students may be permitted with approval of the superintendent or designee on school property, at activities under the jurisdiction of the district and at interscholastic activities administered by a voluntary organization approved by the State Board of Education (i.e., Oregon School Activities Association).
This includes sale of services to students by any person or group that sells, provides, furnishes, contracts for, arranges or advertises travel services.
All contracts considered for approval are subject to the competitive procurement requirements of Board policies DJ - District Purchasing, DJC - Bidding Requirements and the local contract review board’s public contracting rules. Competitive procurement as used in this policy includes monetary as well as in-kind contributions (i.e., scoreboards, computers, other equipment or materials).
32 Or. Atty. Gen. Op. 209 (1965)
46 Or. Atty. Gen. Op. 239 (1989)