Code: KI/KJ
Adopted: 3/09/04
Revised/Readopted: 8/08/17
Orig. Code(s): KI/KJ

The Board recognizes that NWRESD-sponsored commercial advertising and merchandise sales may provide revenue for its programs and activities. Such sales may be permitted as recommended by the superintendent or designee and as approved by the board and provided by this policy.  

“Commercial advertising” as used in this policy means use by any person, company, business or corporation, for personal or private gain, of any NWRESD media, including but not limited to, newsletter, other printed material, flyer or circular; video or any other electronic technology; or indoor or outdoor signage designed to: 

1. Transmit a message offering any goods or services; 

2. Cause or induce any other person to purchase any goods or services; 

3. Increase demand for any goods or services. 

Commercial advertising and merchandise sales approved by the NWRESD must be consistent with NWRESD mission, goals, Board policies and administrative regulations; promote positive values for students through proactive educational messages that encourage student achievement and high standards of personal conduct. 

The superintendent may recommend for approval by the board revenue-enhancing activities that include, but are not limited to, contracts or agreements for: 

1. Exclusive advertising and/or rental, sale, lease or use of any product or service throughout the NWRESD or at specified locations or times to a person, business or corporation in exchange for goods or services (e.g., electronic message boards, exclusive right to sell beverages, bottled water, snacks, meals, etc.); 

2. 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; 

3. The use of NWRESD facilities or grounds in exchange for products, services or financial considerations (cell phone towers, etc.); 

4. 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.; 

5. Naming rights to NWRESD property in exchange for goods, services or monetary considerations.  

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. 

Sellers of travel services must meet the following district criteria: 

1. Belong to an association of sellers of travel certified by the director of the Department of Consumer and Business Services; 

2. Provide proof of errors and omissions insurance; 

3. Provide proof of a client trust account or performance bond; 

4. Submit references; 

5. Include in all information provided to students and parents that drug, alcohol and tobacco use will be prohibited; 

6. Include in all information provided to students and parents a statement that the activity is a non school-sponsored event; 

7. Other. 

Contracts shall include a provision allowing the NWRESD to terminate the contract if it is determined by the NWRESD to have an adverse impact on its programs, services or activities. Revenue derived shall be used for programs, services and/or as determined by the NWRESD.  

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., computers, other equipment or materials).

Legal Reference(s):

• ORS 279.015(2)(a) 
• ORS 334.125 
• ORS 339.880 
• ORS 646.185 
• Protection of Pupil Rights, 20 U.S.C., Section 1232h; 34 CFR Part 98 (2000). 
• 32 Op Atty Gen 209 (1965). 
• 46 Op Atty Gen 239 (1989).