PK8 Distributing or Posting Informational, Promotional and Instructional Materials and Campaign Solicitations

Definitions

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 a candidate.

For purposes of this procedural directive, “instructional day” means the period 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 Materials

Albuquerque Public Schools may allow distribution through schools of informational and promotional materials that support district goals and initiatives; enhance educational outcomes for students; benefit students and families; and encourage character-building activities and interests. Distribution of material shall be allowed in the schools subject to the requirements that follow unless the material is determined "unacceptable" as defined.

Program providers wishing to distribute the material at one or more schools shall submit the material to the Albuquerque Public Schools Communications Office through an online communications platform for digital flyer distribution at least one (1) calendar week before the proposed distribution date. The Communications Office shall approve or disapprove the distribution based on the material’s acceptability and the program provider’s mission as it relates to the goals of the district. The Communications Office may work with principals and department directors concerning these distributions.

Program providers will receive notification upon approval or disapproval of materials. Approved materials will be emailed as digital flyers to families at selected schools and posted to a school-specific website(s) for digital flyers. Principals shall determine if, when, and how to display approved materials at the school site.

Informational and/or promotional materials aimed at employees shall follow the same approval process and be delivered via email to employees and, when relevant, posted to an employee-specific website for digital flyers.

Program providers shall agree to the following:

When the material is approved, it will be emailed to families and posted to the school-specific website for digital flyers
Material emailed to families and shared to specific-school websites will include a disclaimer stating that distribution of flyers is a community service and does not imply an endorsement by Albuquerque Public Schools
Families may choose to opt-out from email distribution of digital flyers
Program providers shall pay a service charge to a third-party, district-approved online platform provider for the ability to distribute flyers by email and post to school-specific websites
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

Unacceptable Materials

The following shall be considered unacceptable. Any material that:

Is libelous or slanderous
is indecent, vulgar or contains any indecent or vulgar language or representations, with a determination made as to the appropriateness of the material for the age level of students to which it is intended
Advertises any product or service not permitted to minors by law
Advocates violence or other illegal conduct
Constitutes insulting or fighting words, the very expression of which injures or harasses other people (e.g.: threats of violence, defamation of character on the basis of race, color, creed, religion, national or ethnic origin, age, marital status, sex, gender identity or expression, sexual orientation, disability, political affiliation or belief, status with regard to public assistance, family care leave status, veteran status or citizenship status).
Presents a clear and present likelihood that will cause a material and substantial disruption of the proper and orderly operation and discipline of the school or school activities or will cause the commission of unlawful acts or the violation of school regulations
Unless otherwise provided by law, announcements or informational materials requested by persons, organizations, groups, or agencies which are known or believed to be sectarian, profit-oriented, discriminatory or not committed to equal opportunity, not devoted to community interests or child welfare, not generally recognized as owing their existence to the broad public and general interests or not aligned with strategic initiatives directed by the school board

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

Instructional Community Partnership Materials

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

The program provider shall submit copies of all materials for schools with its 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 program provider shall be directed to contact the principal or his/her designee before contacting staff members.

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

The principal of the school may grant permission for the program provider to display posters and distribute materials to teachers or students. If the principal permits distributing materials, the program provider shall be responsible for preparing materials for distribution.

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

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, and then only in accordance with Election Law campaigning limitations.

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 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 under 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 the 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 the 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
Associate Superintendent of Equity, Instruction, Innovation, and Support

Department Director:

Director of Communications
Government Affairs Team
Executive Director of Curriculum & Instruction

References:

Legal Cross Ref.:

§1-20-16 NMSA 1978

Board Policy Cross Ref:

KH2 Political Solicitations in Schools
KH3 Financial Solicitations in Schools
KI1 Recruitment in Schools

Procedural Directive Cross Ref:

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

Forms:

NSBA/NEPN Classification: KHC

Revised: May 1995
Revised: April 1996
Revised: May 1997
Reviewed: December 3, 2010
Revised: December 17, 2010
Reviewed: August 14, 2019
Revised: August 16, 2019

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