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G450-R – ADVERTISING, SPONSORSHIPS, AND NAMING RIGHTS
Advertising
School communications (central office and/or buildings), including publications such as programs and calendars, may accept and publish paid advertising. In no instance shall advertising or advertising images for alcohol, tobacco, drugs, drug paraphernalia, weapons, or obscene, pornographic or illegal materials be accepted. Advertisements may be rejected by the School if determined to be inconsistent with the educational objectives of the school district or inappropriate for inclusion in the communication. For example, advertisements may be rejected if determined to be false, misleading, or deceptive, or if they relate to an illegal activity or antisocial behavior.
The Superintendent or designee is responsible for screening all advertising in School publications for adherence to these guidelines.
The School Board, Superintendent or Superintendent designee may approve fixed or permanent advertising in school district facilities or on school district property. Any approval will state precisely where such advertising may be placed. Advertising will not be allowed outside the specific area approved by the School Board, Superintendent or Superintendent designee. Temporary advertisement banners specific to an individual event may be approved by the School Board, Superintendent or Superintendent designee
The use of the school district’s name or logos by a third party requires the express written permission by the Superintendent or designee.
Donations which include advertising obligations must be approved by the School Board, Superintendent or Superintendent designee. The School may acknowledge a donation it has received from an organization by displaying a “donated by,” “sponsored in part by,” or a similar by-line with the organization’s name and/or symbol on the item.
Commercial and nonprofit entities and organizations may be allowed to use the school district name, students, or facilities for purposes of advertising or promotion if the purpose is determined to be educationally related and prior approval is obtained from the School Board, Superintendent or Superintendent designee. Advertising will be limited to the specific event or purpose as approved by the School Board, Superintendent or Superintendent designee.
No direct solicitations: Staff and students shall not be solicited during school hours by sales persons for the purpose of promoting and/or sale of any products unless it is determined by the Superintendent that it benefits the school system. The inclusion of advertisements in school district communications, in school district facilities, or on school district property does not constitute approval and/or endorsement of any product, service, organization, or activity. Approved advertisements will not imply or declare such approval or endorsement.
Naming Rights
The purpose of this administrative guideline is to establish the criteria and procedures for granting Naming Rights in relation School facilities other than the schools themselves. The District’s objective is that educational values not be compromised when schools and individuals or business/organizations work together, and participation has a clear educational advantage for students.
In granting naming rights, due regard should be taken of the need to maintain an appropriate balance between commercial considerations and the role which names of buildings and spaces play in contributing to the District’s sense of identity. The granting of Naming Rights must always be consistent with the District’s vision and mission. The long-term effects of the Naming Rights must be considered. No commercial activity as defined or allowed by this policy shall be associated in any way with, among other things, the sale of tobacco, alcohol, illegal drugs, or weapons; contain vulgar and plainly offensive, obscene, or sexually explicit language; advocate the violation of law or School policy; advance any religious or political organization; promote, favor, or oppose a candidate for elected office or a ballot measure; or be associated with any company or individual whose actions are otherwise in violation of law.
School has the exclusive discretion to determine whether to pursue, accept or decline an opportunity to name facilities.
There are two circumstances in which Naming Rights may be granted. In each case, it is anticipated that a specific written agreement about the nature of the naming right would be entered between the parties or their representatives, such agreement to incorporate the provisions of this guidelines where appropriate. The terms of this guideline are subject to compliance with any specific written agreement entered between or on behalf of the parties.
Naming Rights in Consideration
Naming Rights in Consideration are granted in consideration of financial contributions, sponsorship or other commercial transactions. Naming Rights may be granted by the District in consideration of contributions made to the District. Naming Rights in Consideration may be granted in return for provision to the District of an appropriate financial contribution or sponsorship, including provision or supply of equipment, materials, land or services. The District may partner with other community organizations to raise funds.
Naming Rights in Recognition
“Naming Rights in Recognition” may be granted in recognition of any significant contributions to the District that it wishes to honor. These contributions can be financial or other gifts from donors, or meritorious service, and is at the discretion of the School in concurrence with the party or their representatives. Naming Rights may be granted at the sole discretion of the District in recognition of persons or entities it wishes to honor. One of the following three criteria must be fulfilled in order for the granting of Naming Rights in Recognition to be considered:
- Recognition of outstanding service to the District; or outstanding service to the community.
- Recognition of the achievements of distinguished alumni.
- Recognition of a generous financial or other contribution from a donor (be it by way of donation, bequest, sponsorship etc), such contribution being voluntary and not rendered in consideration of the granting of naming rights.
The granting of Naming Rights in Recognition is at the sole discretion of the School, with the concurrence of the party or their representatives.
Each granting of Naming Rights shall be governed by an agreement and/or all applicable Board policies. Items for which Naming Rights may be awarded: physical spaces including, but not limited to, auditoriums/theaters, gymnasiums, libraries, gardens/walks/district-owned streets and ways, athletic fields/facilities, locker rooms, classrooms, laboratories, and hallways.
Consent
District shall not grant a Naming Right without the consent of the named party or the named party’s representative, to the extent possible.
Monetary Valuation of Naming Rights
Monetary valuations may be assigned to Naming Rights possibilities on a case-by-case basis to aid with making decisions about granting Naming Rights.
Duration of Naming Rights
The duration of Naming Rights shall be decided or negotiated on a case-by-case basis. However, all naming rights may be approved for a specific term, which shall not be longer than the useful life of the property or facility, as determined by the School Board, unless otherwise established in the contract with the donor and approved by the School Board and the donor. The duration of naming rights shall be proportionate to the value of a donation, endowment or other significant contributions to a school.
In accordance with Policy G450 and Policy H200: Relations with Special Interest Groups, the Board will not accept a gift, donation, or bequest, or enter into any contract which calls for a facility to be named or re-named in conflict with these guidelines.
Physical Display of Naming Rights
The physical display of the Naming Rights shall be decided or negotiated on a case-by-case basis. In the case of buildings, the physical display of the Naming Rights will take into account the identification of the District and comply with all applicable laws and regulations including, but not limited to, zoning requirements.
The party after whom a building or part of a building is named shall have no right to use or control the use of that building or part of the building. Use will ordinarily be determined consistent with the School’s facility use policy. The School will not agree to any condition in a contract that could unnecessarily limit the following: progress towards the School’s mission and purpose, statutory obligations, or the local authority of the School Board.
Private Business Use of Bond-Financed Property
Generally, private business use of bond-financed School facilities is any use by or for the benefit of a party other than use by the School or use as a member of the general public. Private business use can arise from a lease, management contract, sponsored research agreement, naming rights agreement, or any other arrangement that gives a private business user special legal entitlements with respect to the use of the financed facility.
Private business use of School facilities means:
- use (directly or indirectly)
- of a financed facility
- in a “trade or business”
- carried on by any person other than a state or local governmental unit
Bonds issued by School are tax exempt bonds. However, School-issued bonds will become “private activity bonds” and therefore lose their tax status if more than 10% of bond proceeds are used for a “private business use” and more than 10% of the debt service on the bonds is directly or indirectly payable from or secured by property used in a private business. The 10% threshold drops to five percent (5%) if the private business use of the proceeds is unrelated to or disproportionate to the governmental use of the proceeds, however this is rarely a concern for School-financed facilities.
Example: If School issues $10,000,000 of bonds (payable over 20 years) to build a football stadium and grants a company naming rights of the stadium for $100,000 per year for 10 years, the total value of the private business use will be $1,000,000, or 10% of the value of the bonds. If the School permits any additional business use (e.g. advertising banners) of the football stadium before the bonds are paid off, the bonds will lose exempt tax status.
No agreement can be entered into that would convert School-issued bonds to private activity bonds without approval of the School Board.
Revised: 7/9/2020