SUPTS. MEMO. NO. 78
April 23, 1999
|FROM:||Paul D. Stapleton
Superintendent of Public Instruction
|SUBJECT:||Photographs for School Yearbooks|
In response to concerns that have been expressed related to photographs for school yearbooks, a review of the attached opinions from the Office of the Attorney General may be timely. Specifically, some students and their parents would prefer to use a photograph taken by a photographer other than the one with whom the school contracts for yearbook pictures. Apparently, some schools have not allowed photographs other than those taken by the contracted photographer to be used, and others have charged an additional fee to use a photograph taken by another photographer. I direct your attention to the following paragraph of the September 15, 1982 opinion of the Office of the Attorney General (at the bottom of the third page of Attachment A): Your third question involves a student's use of his own personal photograph in the yearbook as opposed to one supplied by the commercial photographer under contract with the school.The first assumption is that the yearbook companies have certain specifications regarding size and quality of photographs and a timetable which must be met if the photograph is to be reproduced properly. The second assumption is that the yearbook company and the photographer are separate commercial entities. With those assumptions stated, I conclude that any photograph meeting the yearbook company's standards tendered by or on behalf of a student should be accepted by the yearbook company regardless of its source. I request that you review your division's yearbook policies in light of the attached Attorney General's opinion, and share this information, as may be necessary, with the appropriate principals and yearbook advisors. Should you have any questions or need additional information, please contact Diane T. Atkinson, Assistant Superintendent for Policy and Public Affairs, at (804) 225-2403. If you have questions about the Virginia Public Procurement Act, please call Russell A. Pearce, III, Director of Materiels Management, at (804) 225-3375. PDS/DTA/sc Attachments: Attachment A: 1982-83 Report of the Attorney General, pages 411-413 (September 15,1982) Attachment B: 1985-86 Report of the Attorney General, pages 45-47 (May 14, 1986) Attachment C: 1984-85 Report of the Attorney General, pages 435-436 (March 21,1985) Attachment D: 1976-77 Report of the Attorney General, pages 232-233 (September 22,1976) Attachments: A hard copy of this memo and its attach- ment will be sent to the superintendent's office.