The School Board of Miami-Dade County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.
 

9700.01 - ADVERTISING AND COMMERCIAL ACTIVITIES

This policy governs the appropriate and inappropriate use of advertising or promoting of commercial products or services on School Board (District) property. It is not the Boardís intent to create or open any school, school property, or District property as a public forum for expressive activity, nor is it the intent of the Board to create a venue or forum for the expression of political, religious, or controversial subjects that are inconsistent with the Boardís educational mission or that could be perceived as bearing the imprimatur or endorsement of the Board. Accordingly, the Board shall have the authority to control the messages that are conveyed on all school and District property. The Superintendent shall develop and enforce administrative procedures to implement this policy.

Definitions

"Advertising" is an oral, written, or graphic statement made by the producer, manufacturer, or seller of products, equipment, or services which calls for the public's attention to arouse a desire to buy, use or patronize the product, equipment, or services. This includes the visible promotion of product logos for other than identification purposes. Brand names, trademarks, logos, or tags for product or service identification purposes are not considered advertising.

For purposes of this policy, "District property" includes, but is not limited to, non-school site real property, tangible property, facilities (owned or leased), vehicles, publications, websites, social media sites, and other types of communications.

"School property" includes the school facility, real property, publications, websites, social media sites, and other types of communications.

Advertising is permitted in the following categories in accordance with this policy and administrative procedures:

 A.Product Sales:

  1.product sales benefiting the District, a school or student activity (e.g., the sale of beverages or food within schools);

  2.agreements between the District and businesses that provide the businesses with the right to sell or promote their products or services in the schools or on any other District property;

  3.school fund-raising activities (e.g., short term sales of items) to benefit a specific student population, club or activity.

 B.Direct Advertising/Appropriation of Space:
  To raise revenue to support interscholastic athletics and activities, special programs and activities , and other school and District events and programs, paid advertising and public service announcements consistent with this policy are permitted to appear on or in school and District property and as otherwise deemed appropriate under this policy.

  1.District Advertising

   a.Except as outlined below regarding school sites, decisions allowing advertising on District property, including but not limited to athletic facilities, Greater Miami Athletic Conference (GMAC), and Middle School Athletic Program (MSAP) venues, shall be determined by the Superintendent and designated administrators in accordance with this policy and the administrative procedures implementing this policy.

   b.The Superintendent is authorized to solicit advertising services to manage District-sponsored advertising activities in accordance with the Boardís procurement policies.

  2.School Site Advertising
   Advertising on or within schools and school property, websites, social media sites, other communications, newspapers and yearbooks shall be determined by the principal in accordance with this policy and administrative procedures.

   a.The Principal shall establish procedures by which advertisements may be displayed in or on school property, school websites, social media sites, communications, schools newspapers, and yearbooks. Principals have the right to refuse advertising which is obscene or offends the morals and/or conscience of the school or community.

   b.In considering the appropriateness of advertising, principals shall adhere to Policy 1210, Standards of Ethical Conduct; Policy 1210.01, Code of Ethics; and Policy 1129, Conflict of Interest.

   c.When advertising is permitted, the principal shall consider community input, and local ordinances, rules and regulations governing outdoor advertising, where appropriate and/or applicable.

   d.School officials may cooperate with governmental agencies provided that such cooperation does not restrict or interfere with the school's educational program and the school facilities are not used for partisan political activity.

  3.Third party advertisers are agencies that enter into contracts to secure advertisements to be placed on various types of displays, such as but not limited to, portable indoor scrolling displays, school parking lot bumpers, broadcasting, web sites, and billboards.

   a.School site and District administrators may contract with these agencies to secure the advertisements, maintain the displays, etc. Compensation may be based on a set fee, commission, percentage, or other financial arrangement that is in the best interest of the District.

   b.The Principal may sign one (1) year agreements for advertising at their school which are not anticipated to exceed $15,000 in revenue per year. Agreements exceeding $15,000 in revenue must be negotiated by the designated District administrator.

   c.Agreements for advertising that involve more than one (1) District school will be negotiated by the designated District administrator. All funds from these District-negotiated agreements will be distributed equitably to schools.

   d.Agreements for wallscapes and billboards on non-school District property will be negotiated by the designated District administrator. Wallscapes and billboard advertisements may require a multi-year lease agreement. The lease agreements will be developed in conjunction with the affected site, designated District administrator, the Board Attorney, and the Office of Facilities.

 C.Indirect Advertising:

  1.corporate-sponsored instructional or educational materials, teacher training, contests, conferences, meetings, incentives, grants, or gifts;

  2.instructional materials developed by commercial organizations such as films and videos may be used only if the educational value of the materials outweighs their commercial nature in accordance with Policy 2531, Copyrighted Works.
   The films or material shall be carefully evaluated by the school principal for classroom use to determine whether the films or materials contain undesirable propaganda and are in compliance with these guidelines.

The Board's name, students, staff members and District property shall not be used for any commercial advertising or otherwise promoting the interests of any commercial, political, nonprofit or other non-school agency or organization, public or private, unless approved in accordance with this policy and the administrative procedures. Use of trademarks, school names, and mascots shall only be allowed in accordance with Policy 9701, Trademark Licensing, Protection, and Use.

General Advertising Guidelines

The following guidelines shall be followed for any form of advertising on school grounds:

 A.All commercial or corporate involvement should be consistent with the District's educational standards and goals.

 B.No advertisement shall promote or contain references to alcohol, tobacco, drugs, drug paraphernalia, weapons, or lewd, vulgar, obscene, pornographic, or illegal materials or activities, gambling, violence, hatred, sexual conduct or sexually explicit material, X, R, or PG rated movies, or gambling aids.

 C.All advertising of food products must be consistent with the Board's Wellness Policy 8510. Food products that are prohibited from being sold to students on school campuses by Board policy shall not be advertised on Board property.

 D.No advertisement shall promote any specific religion or religious, ethnic or racial group, and shall be non-proselytizing.

 E.Advertisements containing a campaign or other political message supporting or opposing a political candidate for public office, a political platform, or a political issue, are prohibited. Consistent with this prohibition, no organization or political candidate may sponsor an advertisement (including public service announcement) if the name of that organization or candidate indicates, reflects, or in any way suggests its political message or candidacy.

 F.No advertisement may contain libelous material.

 G.No advertisement may be approved which would tend to create a substantial disruption in the school environment or inhibit the functioning of any school.

 H.No advertisement shall include content from which State law permits students or parents to "opt out" if that content were to be presented in a classroom curriculum context, or on school campus.

 I.No advertisement shall be false, misleading, or deceptive.

 J.Each advertisement must be reviewed in advance by the Principal or District administrator for age appropriateness.

 K.Advertisements may be rejected by the principal or District administrator if determined to be inconsistent with the educational objectives of the School District, inappropriate, or inconsistent with this policy or the administrative procedures.

 L.All corporate support or activity must be consistent with the Board's policies prohibiting discrimination.

 M.The Superintendent may require that samples of advertising be made available for inspection.

 N.The inclusion of advertisements on school sites or District property does not constitute or imply approval and/or endorsement of any product, service, organization, or activity.

Accounting

Advertising revenues must be properly reported and accounted for.

 A.Collection and accounting for advertising revenue shall comply with Policy 6610 which requires that all monies collected or disbursed by school personnel or by students within a school, in connection with the school program, for the benefit of that school, a class, or department shall be recorded in the school's internal funds account.

 B.Funds raised through advertising on school property and facilities up to $15,000 shall be used to support school site activities, programs, and events that support the educational mission of the school. Schools shall retain 100% of the revenue raised through school advertising for internal fund purposes.

 C.Revenues generated from advertising and related activities at schools exceeding $15,000 annually per contract, or negotiated by the District on behalf of the school(s), will be shared with the District at a ratio of seventy-five percent (75%) to the school and twenty-five percent (25%) to the District, with the schoolís share retained for internal fund purposes.

 D.Funds generated from non-school site advertising will be used for District programs at the discretion of the Superintendent and will be reported to the Board. The District will retain 100% of any revenues through non-school site advertising.

Naming Rights and Donor Recognition

An advertiserís or donorís name may be displayed on school site or District property as deemed appropriate by the Principal or designated District administrator in accordance with the administrative procedures and in compliance with Policy 7250, Commemoration of Facilities, if applicable.

F.S. 1013.10

Revised 3/9/16

© Neola 2008