616P - Commercial, Promotional, and Corporate Sponsorships and Partnerships
The School Board of Frederick County recognizes that corporate and other private sponsorship of programs and activities related to education can provide valuable enhancement of the educational program offered by the Division. For that reason, the School Board of Frederick County may enter into commercial, promotional, and corporate sponsorship and partnership arrangements under certain conditions.
An “educational partnership” is a mutually beneficial, co-operative relationship in which partners share values, objectives, and/or human or financial resources to enhance learning for students.
An “educational sponsorship” is an arrangement pursuant to which the sponsor provides money, price reductions, equipment, materials, services, or other benefits in exchange for recognition of its products or entity for a specified period of time.
A “school-sponsored organization” is a group or club whose purpose is to support Frederick County Public Schools or a certain area of the schools. Organizations such as Parent Teacher Associations/Organizations (PTA/PTO), Band Boosters, Choral Boosters, Athletic Boosters, Frederick County Education Foundation, FFA Alumni, etc., are examples of school-sponsored organizations.
Authority to Enter into Agreements
On behalf of the school board, principals or administrators, designated by the superintendent of schools, may enter into sponsorships and partnerships for their schools or programs when the sponsorship or partnership does not extend beyond a single school year or exceed $5,000 in value to the school or program.
On behalf of the school board, the superintendent, or designee appointed by the superintendent of schools, may enter into sponsorships and partnerships which will benefit one school, more than one school, or the division as a whole. The Superintendent may also enter into sponsorships and partnerships when the sponsorship or partnership extends beyond a single school year or exceeds $5,000 in value to the school.
One-time donations that support a specific event, such as a baseball game or band competition, shall be subject to the requirements of school board policy 704P Gifts, Bequests and Donations.
Any agreement to enter into an educational sponsorship or educational partnership will be in writing.
School-sponsored groups shall also follow requirements of this policy when using school facilities, school names or logo for an activity that may be considered a sponsorship or partnership.
Partnerships or sponsorships that involve school facilities will be subject to school board policy 721P, 721R and 721R-A Use of School Facilities.
Partnerships or sponsorships that may renovate, improve, or be considered new construction shall be reviewed by the buildings and grounds committee of the school board and subsequently acted upon by the school board.
The written agreement shall include:
- A statement of the educational purpose for the relationship.
- A statement that the school board, superintendent/designee, or principal has the right to terminate the agreement without penalty if it determines that the agreement is having an adverse impact on the educational experience of students.
- A statement that if an agreement is terminated because of an adverse impact on the educational experience of students, no other agreement for an educational partnership or sponsorship will be entered into between the school board and the partner or sponsor whose agreement has been terminated for a specified period of time.
- A statement detailing the specific benefits to the school or school division from the agreement.
- A statement clearly defining the roles, expectations, rights, and responsibilities of all parties to the agreement. This statement shall include a statement of whether the agreement permits the sponsor or partner to advertise in connection with the agreement and if so, the extent of such advertising.
- A statement clearly defining whether the agreement creates any exclusive rights for the sponsor or partner and, if such rights are created, clearly defining those rights. If no exclusive rights are created, the agreement shall include a statement that the existence of the sponsorship or partnership will not limit the discretion of the school board or its personnel in the use of sponsored or non-sponsored materials.
- The duration of the agreement.
- A statement that the school or school board retains the exclusive right to authorize the use of its name, logo, or other similar information.
- A statement that the superintendent/designee or principal must approve the school’s or school division’s identification as a partner or co-sponsor in all publicity materials.
- A statement that the sponsor or partner assumes the responsibility for obtaining the consent of any student or school board employee whose likeness may appear in any materials disseminated by the partner or sponsor.
- A statement of the monetary value to be received by the school or school division pursuant to the agreement.
- A statement defining how the benefits arising from agreement will be distributed.
- A statement of the basis on which students will be permitted to participate in the program or otherwise benefit from the agreement.
- A statement disclosing any relationship between the sponsor or partner, or any of its employees or major stockholders, and any student, school board employee, school board member, or the superintendent.
- A statement that all partnerships and sponsorships will be consistent with all federal and state laws, local ordinances, school board policies and regulations, and all preexisting school board contracts. If the terms of the partnership or sponsorship agreement establish that the employees, contractors or others acting on behalf of the partner or sponsor will have direct contact with students on school property during regular school hours or during school-sponsored activities, the sponsor or partner must certify that all such persons have not been convicted of any violent felony set forth in the definition of barrier crime in subsection A of Va. Code § 19.2-392.01; any offense involving the sexual molestation or physical or sexual abuse or rape of a child, or any crime of moral turpitude.
- A statement that if the terms of the partnership or sponsorship agreement establish that the employees, contractors, or others acting on behalf of the partner or sponsor will have direct contact with students on school property during regular school hours or during school-sponsored activities, the individuals acting on behalf of the partner or sponsor may have been convicted of any felony or crime of moral turpitude that is not set forth in the definition of barrier crime in subsection A of Va. Code § 19.2-392.02 and does not involve the sexual molestation, physical or sexual abuse, or rape of a child, provided that in the case of a felony conviction, the individual’s civil rights have been restored by the Governor.
- A statement that no partnership or sponsorship shall exploit any student or school board employee.
- A statement that no sponsor or partner shall be permitted to collect personal information, including names, addresses or telephone numbers of students or school board employees because of the partnership or sponsorship.
- A statement that any curriculum materials provided pursuant to the agreement will be held to the same standards as other curriculum materials.
- A statement that any participation by any student or school board employee in any activity established pursuant to the agreement will be purely voluntary. If a student or school board employee wants to participate in any sponsored or partnered activity but objects to using the materials provided by the sponsor or partner, the sponsor or partner must supply substantially similar materials to which the student does not object for that student to use in the activity. If a student objects to using materials provided by the sponsor or partner, the school board employee in charge of the activity shall provide for a means by which the student’s objections are made known to other students involved in the activity and by which those objections are discussed in an educational manner.
No agreement shall be entered into if the sponsorship or partnership involves or gives the appearance of involving any activity which could result in the following:
- promotion of hostility or violence;
- an attack on ethnic, racial, or religious groups;
- discrimination prohibited by any law or school board policy;
- promotion of the use of drugs, alcohol, tobacco, electronic Cigarettes, or firearms;
- promotion of sexual, obscene, or pornographic activities; or,
- promotion of any image that is not in keeping with the established goals and purposes of the school board.
Code of Virginia, 1950, as amended, Section(s) 22.1-79.5, 22.1-89.4, 22.1-296.1.
Adopted: January 20, 2003
Amended: June 19, 2007
Amended: June 16, 2020
- A statement of the educational purpose for the relationship.