Law & Courts

GAO Tracks New Measures to Combat Commercialism

By Rhea R. Borja — October 01, 2004 2 min read
  • Save to favorites
  • Print

Responding to heightened advertising and marketing pressure from the corporate world, 13 states have passed laws over the past four years to curtail commercial activities in schools, according to a report released last week by the federal Government Accountability Office. Those states joined 28 others that had already taken such action before 2000.

Four of the 13 states curtailed or prohibited the sale of sodas and sugary foods in schools; others passed laws to prohibit student participation in market surveys without parental consent or to prevent the dissemination of student data for marketing or market research.

The report “Commercial Activities in Schools,” is available online from the Government Accountability Office. (Requires Adobe’s Acrobat Reader.)

Over the past decade, more businesses have partnered with schools, the report by the congressional investigative agency points out. “In some of these relationships,” it says, “business’ apparent focus is on improving teaching and learning, but in others, the apparent focus is on developing product loyalty and increasing sales.”

The commercial environment in schools has become even more pronounced in recent years, as schools have faced budget cutbacks and as the use of the Internet as a marketing tool has expanded, said Eleanor L. Johnson, the GAO’s assistant director for education issues and a co-author of the report.

See Also

See the accompanying chart,

Chart: Student-Data Disclosure

“The Internet has changed the way advertisers get student information,” she said. “It used to be that … you had to go through schools to get lists on student data. Now, advertisers on the Web simply run contests, and to get the prize, the students just answer [personal] questions.”

Districts ‘Confused’

The report, requested by Democratic Sen. Christopher J. Dodd of Connecticut and Republican Sen. Richard C. Shelby of Alabama, also analyzes how and whether school districts have adopted or amended policies on student data use, as required under the No Child Left Behind Act.

The federal law amended the Protection of Pupil Rights Amendment to require not only a student-data-use policy, but one that includes parental notification and permission.

GAO researchers found that of the 61 school district student-data policies they reviewed for the report, only 19 addressed the commercial use of such information.

“Our concern was that districts seemed to be confused,” Ms. Johnson said.

She added that the districts polled created their policies with input from state school boards, even though the U.S. Department of Education had not issued guidance specifically to state boards on commercial activity in schools.

Consequently, the report recommends that the U.S. Department of Education guide state school boards on how to craft policies that address the release of student data for commercial purposes.

Related Tags:

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Classroom Technology Webinar
Better Tools, Not More: What Educators Say About Teaching and Technology
Optimism is up. AI use is rising. Coherence is the next challenge. Hear what the 2026 Educator Confidence Report reveals about the field.
Content provided by HMH
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Achievement Webinar
The Relationship Advantage for Attendance, Engagement, and Achievement
Relationship-building goes beyond back-to-school. Get practical ideas from district leaders and educators to strengthen student connections.
School & District Management Webinar EdMarketer Quick Hit: Build Campaigns That Engage K-12 Leaders
We’ll share what’s resonating with Education Week’s K-12 audience based on user behavior across platforms and other proprietary data.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Trump Says Title IX Excludes Trans Girls. The Supreme Court Could Weigh In Next
It's the flip side of a recent U.S. Supreme Court decision upholding state laws that bar transgender girls.
7 min read
Becky Pepper-Jackson prepares to throw a discus Tuesday, April 7, 2026, at Bridgeport High School in Bridgeport, W.VA.
Becky Pepper-Jackson prepares to throw a discus on April 7, 2026, at Bridgeport High School in Bridgeport, W.Va. Jackson's challenge of a West Virginia law barring transgender girls from girls' athletic teams ended up before the Supreme Court, which upheld the state's law. Now, the court could take on the question of whether Title IX requires that transgender athletes be excluded from teams that match their gender identity.
John Raby/AP
Law & Courts Supreme Court Rejects Appeal Over School's Ban of 'Let's Go Brandon' Sweatshirts
The justices left in place a lower court ruling that schools can ban the phrase over its veiled vulgarity.
1 min read
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
Phelan M. Ebenhack/AP
Law & Courts Ten Commandments in Classrooms: 'Passive Display' or Part of the Curriculum?
Five states now have laws that require or authorize Ten Commandments displays in public schools.
9 min read
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, Monday, Nov. 17, 2025.
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Nov. 17, 2025. Texas is one of four states that now require the commandments be displayed in public school classrooms.
Eric Gay/AP
Law & Courts Federal Court Ruling Paves Way for Jewish Charter School in Oklahoma
A federal judge cleared the way for a Florida-based Jewish charter school network to open in the state.
Lenzy Krehbiel-Burton, Tulsa World, Okla.
•
4 min read
WASHINGTON, DC - JANUARY 10: (L to R) Montana Attorney General Austin Knudsen, Oklahoma Attorney General Gentner Drummond, Missouri Attorney General Andrew Bailey and Frank O. Bowman III, professor emeritus of law, University of Missouri School of Law arrive to testify before a House Homeland Security Committee hearing titled "Havoc in the Heartland: How Secretary Mayorkas' Failed Leadership Has Impacted the States," at the U.S. Capitol on January 10, 2024 in Washington, DC. House Republicans have started their hearings into impeaching President Biden's Secretary of Homeland Security, Alejandro Mayorkas.
Oklahoma Attorney General Gentner Drummond, second from left, was a defendant in a lawsuit from the Ben Gamla Jewish Charter School Foundation challenging a decision from the state's charter school authorizing board that denied the group's bid to open a charter school.
Kent Nishimura/Getty Images