Distributing or Posting Promotional Literature: Fundraising, Campaign and Other Material

This procedural directive was reviewed and revised in August 2019. We provide this revision for historic purposes only.

Contents

Definitions

For purposes of this procedural directive, “campaign” means posting, distributing and displaying promotional literature; soliciting contributions; and meeting, greeting and conversing with individuals with the specific intent of endorsing one position and/or one candidate over another or persuading individuals to vote in any particular way.

For purposes of this procedural directive, “campaign season” means the day a candidate files and is officially accepted by the county clerk or secretary of state as running for public office to the day immediately following Election Day.

For purposes of this procedural directive, "candidates for elective office" means candidate for any public office.

For purposes of this procedural directive, "representatives" means any person other than a student of the school, whether or not authorized by a candidate, who is actively supporting such candidate.

For purposes of this procedural directive, “instructional day” means the period of time between the scheduled first bell and the scheduled last bell of the school day and any other time in which instruction occurs.

For purposes of this procedural directive, “polling place” means the location at the school where ballots are cast.

Informational and Promotional Literature

The Albuquerque Public Schools shall cooperate in furthering the work of community-based, non-profit service or civic agencies, organizations, or corporations that support the mission and goals and objectives of the Albuquerque Public Schools.

Distribution of material for these entities shall be allowed in the schools subject to the requirements that follow unless the material is determined "unacceptable" as defined. Groups wishing to distribute material at one or more schools shall submit the material to the Albuquerque Public Schools Communications Office at least one (1) calendar week prior to the proposed distribution date. The Communications Office may approve or disapprove the distribution on the basis of the material’s acceptability and the group’s mission as it relates to the goals of the district, and work with principals and department directors concerning these distributions.

The Communications Office shall provide approved groups with a letter of approval for distribution of literature. The group shall be required to provide a copy of the approval letter to the school principal. The principal shall determine when and how to distribute material to classrooms and shall determine where and for how long materials such as flyers or posters will be displayed.

The group shall agree to the following:

• When material is approved to be distributed to students, the principal shall have final authority in deciding when and how literature will be given to students to take home provided that timeliness of information in the material is not compromised.
• When material is approved to be distributed through Albuquerque Public Schools inter-office mail, the group shall comply with guidelines developed by the Communications Office.  Those guidelines may change without notice depending on the Communications Office work load.
• No student or employee shall in any way be compelled or coerced to accept any materials; no school employee or student shall interfere with the distribution of approved materials.
• Where groups wish to personally distribute approved material they may do so at places within the school or on the school grounds as designated by the principal except that in no event will group members personally distribute materials in any classroom being occupied by a scheduled class.
• Groups wishing to personally distribute materials shall do so thirty (30) minutes before school and/or fifteen (15) minutes after the close of school.

Unacceptable Materials

The following materials shall be considered unacceptable:

• Literature that attacks or impugns any ethnic, religious, or racial group.
• Material promoting hostility, disorder, or violence.
• Material that proselytizes or promotes a particular religious or political belief unless used for instructional purposes as outlined in the instructional procedural directives.
• Advertisement of a product or service for sale or rent unless otherwise specified. (See Fund Raisers and Advertising/Promotional Material).
• Material that is libelous.
• Material that inhibits the functioning of the school or interferes with the normal operation of the school.
• Material that favors or opposes a political candidate, any bond issue, or any other question to be decided at an election except as specified in the Negotiated Agreement and as provided by state law on Election Day.
  • Please refer to the “Election Day” subsection of this procedural directive for additional information regarding campaign material on election day.
  • Any material that is obscene or pornographic as defined by prevailing community standards.

In the event the Communications Office rejects a request for distribution of materials, the decision may be appealed to the superintendent and thence to the Board of Education.

Distribution of Fundraising Materials

For an Exploratory/Elective Program

The organization shall request a letter of authorization to contact schools from the Communications Office or from the Office of Instruction and Accountability for course-related materials, contests, programs, or products. The letter shall not imply an endorsement of any product/service.

The organization representatives shall submit copies of all materials to be submitted to schools with their request for a letter of authorization. The letter of authorization shall clearly state that Albuquerque Public Schools is not necessarily endorsing the services, programs, or products. The organization shall be directed to contact the principal or his/her designee before contacting staff members.

If the letter of authorization is granted, the organization may contact school principals. Schools shall not be obligated to respond to all organizations; responses may be limited according to school goals and programs.

The principal of the school may grant permission for the organization to display posters and distribute materials to teachers or students. If the principals give permission to distribute materials, the organization shall be responsible for preparing materials for distribution as the principals directs in accordance with school guidelines.

The principal shall not be obligated to provide direct access to staff or students to organization representatives. Such access may include assemblies, classroom visits, and meetings with teachers.

For Profit Organizations and Companies

Representatives of companies or individuals seeking access to staff members, students or parents/legal guardians for the purpose of selling or marketing any goods or services shall request a letter of authorization from the Communications Office or from the Office of Instruction and Accountability for course-related materials, programs, or products. The letter shall not imply an endorsement of any product/service.

The company/organization representatives shall submit copies of all materials to be submitted to the schools with their request for a letter of authorization. The letter shall clearly state that Albuquerque Public Schools is not endorsing the services, products, or programs unless the materials are part of a district textbook adoption. The organization shall be directed to contact the principal or his/her designee before contacting staff members.

If the letter of authorization is granted, the organization may contact school principals. Schools shall not be obligated to respond to all organization; responses may be limited according to school goals and program.

The principal of the school may give permission to the company or individual to make literature available to staff only, not to students. Materials shall be prepared and delivered by authorized representatives according to the direction of the principal in accordance with school guidelines.

No direct access to school employees shall be granted during school hours. The principal may, but is not obligated to, allow representatives the opportunity to contact staff members after the instructional day on school property. In such cases, the normal facility rental fees shall apply.

Political Solicitations

Campaign Material

Elected officials, candidates for elective office and/or their representatives shall not post or distribute campaign materials and greet employees and students on district property unless it is Election Day.

Persons shall not solicit contributions or distribute campaign materials for any political campaign or receive, collect, handle, or disburse contributions or other funds for any political campaign within or on any district property.

Albuquerque Public Schools may contact the county clerk to have remove campaign material posted on district property.  Candidates shall have seven (7) days to remove campaign material unless Albuquerque Public Schools removes the material earlier pursuant to its rights as the property owner.

Material regarding candidates may be distributed upon approval of the Communications Office, if and only if, the material is purely informational and does not endorse one position and/or one candidate over another and does not persuade individuals to vote in any particular way.  The Communications Office shall have the right to refuse approval of material if there is any belief that the material may attempt to persuade voters in any way.  Principals shall be responsible for either distributing all informational material or no informational material to ensure that one candidate/position is not favored over another.

Election Day

Albuquerque Public Schools shall comply with state statute and regulation regarding campaign material on Election Day.

Campaigning (referred to as electioneering in state statute), which includes the display of signs, bumper stickers or the distribution of campaign materials, shall not take place within one-hundred feet from the building in which the polling place is located on Election Day.  No person shall obstruct a polling place.  According to state statute and regulation, campaigning may occur on school campus on Election Day as long as the campaigning is more than one-hundred feet from the polling place.

All individuals campaigning on campus on Election Day shall be subject to the visitor sign in and monitoring requirements of the school.

Political Visits to Campus

Elected officials shall only appear on school campuses in an official capacity outside the instructional day except in those instances where elected officials are invited to appear at a school as part of an educational program by school personnel with the approval of the principal.

Elected officials, candidates for elective office and/or their representatives shall only appear on school campuses during campaign season outside the instructional day except in those instances where elected officials, candidates for elective office and/or their representative are invited by the district to appear at a school with the approval of the superintendent, or his/her designee.

Speeches by elected officials, candidates for elective office and/or their representatives at graduation ceremonies shall be subject to approval of the superintendent.

Elected officials, candidates for elective office and/or their representatives may appear on district property and use district facilities and grounds outside of the instructional day; however, use of district facilities and grounds shall be subject to approval as outlined in administrative procedural directive. All political visits to district property shall be subject to provisions of the Grounds and Buildings: Non-School Use of Albuquerque Public Schools Facilities Procedural Directive, including approval for facilities use from the chief operations officer and the superintendent.  The facilities usage specialist shall notify the Government Affairs team of any facilities use request regarding a candidate or elected government official.

Principals shall notify the Government Affairs team of all requests for political visits to school campuses.

Albuquerque Public Schools Board of Education

Current elected members of the Albuquerque Public Schools Board of Education shall not be limited to accessing school campuses when performing duties as a Board of Education member.  However, Albuquerque Public Schools Board of Education members shall not campaign on district property during the instructional day during campaign season.

Board of Education members may speak at graduation ceremonies without the approval of the superintendent.

Administrative Position:

• Executive Director of Communications/Chief Operations Officer

Department Director:

• Director of Communications/Government Affairs Team

References

Legal Cross Ref.:

• §1-20-16 NMSA 1978

Board Policy Cross Ref:

• K.06 Political Solicitation in Schools
• K.07 Financial Solicitations in Schools
• K.13 Recruitment in Schools

Procedural Directive Cross Ref.:

• Grounds and Buildings: Non-School Use of Albuquerque Public Schools Facilities
• Religious Issues and Holiday Practices

Forms:

• AC11 (contact the facilities usage specialist at specific sites to obtain a copy of this form)

NSBA/NEPN Classification: KHC

Revised: May 1995
Revised: April 1996
Revised: May 1997
Reviewed: December 3, 2010
Revised: December 17, 2010

This page was last updated on: December 9, 2009.