Education Code Sections 7050 through 7057 and
Administrative Regulation and Procedures 4910 and 8250

Brief Explanation:

State law prohibits the use of school district funds, services, supplies or equipment for the purpose of urging the support or defeat of any ballot measure or candidate. District employees may not engage in political or campaign activities during work hours. (Education Code sections 7050 through 7057) This restriction includes the wearing or display of partisan political materials (i.e., posters, political buttons) at work sites during duty hours.

Based on these prohibitions, the following are guidelines concerning campaign activities:

1. No person may engage in political campaigning on school sites or on district administrative locations.

2. District telephones, copiers, materials, supplies and personnel may not be used for political campaigning.

3. Students may not take home political or campaign material distributed by parent or other school associated groups.

4. Employees may appear at public or private meetings to discuss a ballot measure. If they are at the meeting representing the district, they must only present relevant facts on the consequences to the district of the measure. Persons may campaign as private citizens on their own time and at their own expense. It should be clear that the views expressed are personal.
5. School mail or mailboxes may not be used to distribute materials that urge either the support or defeat of a candidate or ballot measure. Employee organizations may communicate with their unit members using school mail only pursuant to Administrative Regulation and Procedure 8250.

6. No district property such as bulletin boards, walls, or marquees shall be used to post campaign or election materials with one major exception. Employee organizations may post their materials on the organization bulletin board. These bulletin boards should not be in a place readily accessible to the general public.

7. Instructional activities related to campaign issues are governed by Administrative Regulation and Procedure 4910.

8. Distribution of information materials related to an election shall be governed by the following:

a. All written information to be disseminated to the public by school employees during work hours or using district facilities should first be submitted to the Legal Office.

b. Information may be disseminated which addresses the general effect (as opposed to the effect on district programs and activities) of the passage of a proposition so long as the presentation is a fair and impartial presentation of the relevant facts which will necessarily include all the principle consequences, both good and bad, of the passage of the initiative. (Stanson v. Mott (1976) 17Cal.3d206; Education Code Section 7054.)

c. Information may be disseminated which describes the effect of a proposition on the programs and activities of the district so long as such statements are factual and are presented in a manner which does not distort or exaggerate. (Education Code Section 35172.)

d. Information of a partisan nature may be distributed between employees on school premises only during lunch breaks or duty-free time. Such information may be discussed between employees only in noninstructional settings.

If you have any questions regarding the above, please contact the Legal Office at (619) 725-5630.