File:  KHB

ADVERTISING POLICY

It is the belief of the Palmer Public Schools that commercial messages and/or advertisements are not public forums of any nature and that all advertising shall be commercial in nature.  Furthermore, all advertising may be permitted in any school facility or on school property under ownership and control by the Palmer Public Schools pursuant only to a written contract expressly permitting the same and only under and in compliance with the established policies, practices and guidelines approved by the Palmer School Committee.  Such materials must be aesthetically pleasing and enhance the school environment.

The purpose of this policy and its related practices and guidelines is to define the conditions upon which commercial messages and advertisements may be placed in school facilities or upon school property, and to establish definitive guidelines for the acceptance and placement of such messages or advertisements.  It is the intent of the Palmer School Committee to preserve its full rights and discretion to restrict access to the school facilities and school property and to reject or refuse placement or require removal of any or all commercial messages or advertisements that do not comply with those guidelines.  To the extent that any such messages and advertisements are accepted, it is the intent of the Palmer School Committee to reserve and exercise the right of full editorial control over the placement, content, size, appearance and wording, and to determine and prohibit types of commercial messages or advertisements that are deemed inappropriate for or inconsistent with the usage of school facilities and school property.

All school facilities and school property are intended for and are for the exclusive use of the Palmer Public Schools and its designees for the public purposes associated with education, athletics, community recreation and community activities and entertainment.  No school facilities nor school property shall be intended or considered as an open, limited, or other public forum, and no person shall have a right to access and use any school facilities nor school property for any purpose other than the intended and authorized public purpose or service.  Placement of commercial messages or advertisements in school facilities or on school property shall require specific authorization by the Palmer School Committee.

CROSS REF.:              JP, Student Gifts and Solicitations
                                    KHA, Public Solicitations in the Schools

Adopted by the School Committee on 9/12/06.

File:  KHB-R

Delegation of Authority; Limitations and Restrictions

 The Palmer school Committee hereby delegates to the Superintendent of Schools the authority and responsibility of negotiating contracts on behalf of the Palmer School Committee for the posting of commercial messages or advertisements in school facilities or on school property, provided, however, that the Superintendent shall have no authority to permit anything that is prohibited by this policy, its related guidelines and ordinances by the Town of Palmer, and that all tentative contracts are subject to the final approval and signature of the Palmer School Committee.  Commercial messages or advertisements may be authorized and accepted only under the following conditions:

1. Commercial messages or advertisements shall not be accepted for placement directly upon or within any school facilities or school property except as is specifically designated for the placement thereof.
   
   
2. Currently designated facilities for the placement of commercial messages and advertisements are as follows:
   1. gymnasia at the Old Mill Pond Elementary School, Converse Middle School, and Palmer High School
   2. along the fencing at said schools
   3. front of ticket booths
   4. front of concession stands
   5. front of press boxes
   6. at such other locations as deemed appropriate by the Palmer School Committee.
      
      
3. Examples of commercial messages or advertisements that contain any of the following characteristics, but not limited to, or that in the sole discretion and judgment of the Superintendent of Schools as the authorized representative of the Palmer School Committee or its legal counsel may be prohibited and may not be accepted for placement on school facilities or upon school property, are as follow:
   1. promotion of or reference to the sale or consumption of alcoholic or cereal malt beverages in name, likeness or implication or the promotion of establishments that are licensed for and primarily sell alcoholic or cereal malt beverages, including bars; provided, however, that restaurants or other food service establishments and hotels or other places of lodging may be authorized when the commercial message or advertisement promotes only the food service or lodging (Example: a restaurant or other food service establishment may not use in its advertising text the word bar, pub or tavern or other similar word denoting the sale of alcoholic beverages, even if such word is part of the name of the establishment.);
   2. promotion of or reference to the sale or consumption of tobacco products or depiction of the use of tobacco products in any manner;
   3. commentary, advocacy or promotion of issues, candidates, campaigns or organizations of a social, political, religious, or rhetorical nature;
   4. promotion of or reference to gambling, pari-mutual betting, lotteries, or games of chance whether by name, likeness or implication or promotion of or reference to providing such services or activities of a related or similar nature;
   5. depiction in any form of nudity or semi-nudity, profanity, obscenity or lewdness or characterization that suggest, depict or promote any such element, or promotion of or reference to any sexually-oriented products, activities or materials such as massage parlors, escort services or establishments featuring X-rated or pornographic movies, contraceptive products or hygiene products of an intimate personal nature or advertising that is unlawful, or contains explicit messages or graphic representations pertaining to sexual contact or contain offensive levels of sexual overtone, innuendo or double entendre;
   6. promotion in any form of or reference to illegal drugs, illegal drug use or illegal drug materials; or characterizations that suggest or depict the
   7. promotion or glorification of any such products, activities or materials;promotion of or reference to the use or sale of firearms, explosives or other weapons; or the depiction, suggestion or glorification of violence or acts of a violent nature;
   8. use of words, foul or offensive language, representations or descriptive material of any kind having more than one meaning or connotation, one of which would otherwise be prohibited under this Policy;
   9. inclusion of materials, depictions, promotions or offerings that are the type prohibited by or by their nature would violate any postal restrictions or regulations or any federal, state or local law, rule or regulation;
   10. advertisements that describe or depict criminal activity in any way;
   11. inclusion of any claims that in the judgment of the authorized representative of the Palmer School Committee or its legal counsel constitutes false, exaggerated or misleading claims or that contains offensive or otherwise improper comparisons with other products or their makers; and
   12. advertisements by political candidates for public office or advertisements concerning ballot issues;
       
       
4. To protect the integrity of the school facilities or the school property under ownership and control of the Palmer Public Schools, and to ensure a     proper measure of uniformity, durability and quality, the Palmer School Committee shall establish specifications for the types of permitted advertising surfaces and physical materials, and may reject advertising surfaces and materials that do not conform with those specifications or     that are not otherwise deemed to be suitable.
   
   
5. Prior to any acceptance or placement of commercial messages or advertisements upon any school facilities or the school property under ownership and control by the Palmer Public Schools, the specifications of the same, including all advertising copy or content and all materials by which such advertising shall be displayed, must be submitted to the Palmer School Committee for approval.
   
   
6. Any approval for the erection and display of commercial messages or advertising shall be made in writing as part of a written placement agreement, that shall at a minimum contain references to and the advertiser's commitment and agreement to abide by this policy.  The term and rate of compensation shall be pursuant to the Palmer School Committee's then current approved advertising terms and rates.

EXEMPTIONS AND EXCEPTIONS

Nothing in this policy shall be interpreted to prohibit nor require authorization for any of the following:

1. Merchant or government identification, logos or trademarks appearing upon property acquired, installed or used in the construction or renovation of any of the facilities.
   
   
2. Public service announcement or announcements of events directly related to services of the Palmer Public Schools.
   
   
3. Product or vendor identifications in relation to authorizing merchandizing or vending operations conducted upon or about the school facilities or the school property under ownership and control by the Palmer Public Schools.

AMENDMENTS TO POLICY

The Palmer School Committee reserves the right to amend this policy from time to time and no advertising contract entered into under any existing version of this policy shall serve to restrict or prevent the Palmer School Committee from making any such subsequent amendments.

Adopted by the School Committee on 9/12/06.

File:  KHB-E

Palmer Public Schools
Advertising Contract

Subject to the terms and conditions contained in the Advertising Policy and Guidelines, the above-identified Advertiser is hereby leased the use of space at one of the following locations as follows:

• gymnasium at the Old Mill Pond Elementary School
• gymnasium at the Converse Middle School
• gymnasium at the Palmer High School
• along the fencing at the (insert school name)
• front of ticket booths
• front of concession stands
• front of press boxes
• other: _________________________________

Cost of Advertising for the above term:  $_____________ to be paid in full in advance on or by _______________.

By signing this Contract, Advertiser acknowledges, understands and agrees to all of the terms and conditions of this Contract and promises to pay the advertising cost by the date as noted above.  The individual signing this Contract on behalf of the Advertiser certifies that s/he has the necessary authority to bind the Advertiser.  This Contract may not be assigned without the express written consent of the Palmer School Committee.  The advertisement(s) must comply with the School Committee's Advertising Policy and Guidelines.  If the School Committee deems an advertisement to be in violation of the School Committee's Advertising Policy and Guidelines, the School Committee may require the removal of the advertisement.  The Palmer School Committee reserves the right to amend the Advertising Policy and Guidelines from time to time and this advertising contract is subject to any such revisions.

Adopted by the School Committee on 9/12/06.

Palmer Public Schools