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
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, and responsible adoption.
Content provided by Lightspeed Systems
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 Absenteeism Webinar
Removing Transportation and Attendance Barriers for Homeless Youth
Join us to see how districts around the country are supporting vulnerable students, including those covered under the McKinney–Vento Act.
Content provided by HopSkipDrive
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
Reading & Literacy Webinar
Two Jobs, One Classroom: Strengthening Decoding While Teaching Grade-Level Text
Discover practical, research-informed practices that drive real reading growth without sacrificing grade-level learning.
Content provided by EPS Learning

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 Supreme Court Strikes Trump Tariffs in Case Brought by Educational Toy Companies
Two educational toy companies were among the leading challengers to the president's tariff policies
3 min read
Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Oct. 7, 2022. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson.
Members of the U.S. Supreme Court sit for a new group portrait following the addition of Justice Ketanji Brown Jackson, at the court building in Washington, Oct. 7, 2022. On Feb. 20, 2026, the court ruled 6-3 to strike down President Donald Trump's broad tariff policies, ruling that they were not authorized by the federal statute that he cited for them.
J. Scott Applewhite/AP
Law & Courts California Sues Ed. Dept. in Clash Over Gender Disclosures to Parents
California challenges U.S. Department of Education findings on state policies over gender disclosure.
4 min read
California Attorney General Rob Bonta speaks to reporters as Arizona Attorney General Kris Mayes, left, and Oregon Attorney General Dan Rayfield, right, listen outside the Supreme Court on Wednesday, Nov. 5, 2025, in Washington. (AP Photo/Mark Schiefelbein)
California Attorney General Rob Bonta speaks to reporters outside the U.S. Supreme Court in Washington on Nov. 5, 2025, with Arizona Attorney General Kris Mayes and Oregon Attorney General Dan Rayfield behind him. Bonta this week sued the U.S. Department of Education, asking a court to block the agency's finding that the state is violating FERPA by <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">not requiring schools to disclose</ins> students’ gender transitions <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">to</ins> parents.
Mark Schiefelbein/AP
Law & Courts Oklahoma Board Rejects Jewish Charter as Supreme Court Fight Looms
Oklahoma's charter school board rejected the Jewish school as members said their hands were tied.
4 min read
Ben Gamla Charter Schools founder and former U.S. Rep. Peter Deutsch, right, speaks with Brett Farley, executive director of the Catholic Conference of Oklahoma, left, before a Jan. 12 meeting of the Statewide Charter School Board in Oklahoma City. Both are founding board members of an Oklahoma Jewish Charter School.
Ben Gamla Charter Schools founder and former U.S. Rep. Peter Deutsch, right, speaks with Brett Farley, executive director of the Catholic Conference of Oklahoma, before a Jan. 12, 2026, meeting of the Statewide Charter School Board in Oklahoma City. The board rejected the proposed Jewish charter school on Feb. 9, 2026.
Nuria Martinez-Keel/Oklahoma Voice
Law & Courts Religious Charter Schools Push New Cases Toward Supreme Court
Advocates seeking to establish publicly funded religious schools in three states.
9 min read
The U.S. Supreme Court is seen, Wednesday, Jan. 14, 2026, in Washington.
The U.S. Supreme Court is seen on Wednesday, Jan. 14, 2026, in Washington. Religious charter advocates are betting a full Supreme Court will side with their efforts to establish religious charter schools.
Rahmat Gul/AP