Guides

Charter School Advertising Compliance: What Your Ads Must Match

Charter school ads must match the school's enrollment law. Say "apply," not "reserve your spot." Describe your lottery and preferences the way your state's law describes them. Say tuition-free. Keep enrollment ads separate from anything about an election or ballot measure. Use student photos only with consent. Keep your website accessible. This guide covers the rules in the 7 states we cover, cited to each statute. It is not legal advice; confirm anything specific with your counsel.

7 states

enrollment rules in one table

State statutes

April 26, 2027

the first ADA Title II web deadline for large public entities

DOJ

Paid for by

required on Meta ads about elections and social issues

What must charter school ads say about enrollment?

Whatever your state's law says about applications and lotteries. An ad that promises a seat, implies an admission test, or describes a preference your school doesn't use can mislead families and conflict with your charter.

State	What the law says	What your ads should say	Source
Texas	When applications exceed seats, fill by lottery or in the order applications arrived; a school using arrival order must publish its deadline in a local newspaper at least 7 days ahead	"Apply by" your published deadline; publish it in a local newspaper if you fill in order of arrival	Texas Education Code Section 12.117
Florida	When applications exceed seats, every applicant gets an equal chance through random selection	"Apply"; "admission by lottery if applications exceed seats"	Section 1002.33(10)(b), Florida Statutes
Arizona	An equitable selection process such as a lottery, with preference for returning students and siblings	Mention a preference only if your school uses it	A.R.S. 15-184
North Carolina	When applications exceed seats, students are accepted by lot	"Apply"; "admission by lottery"	G.S. 115C-218.45
Tennessee	Returning students enrolled first; a lottery with a fixed preference order; out-of-district students capped at 25% of enrollment	Aim ads inside your own district; describe preferences in the legal order	Tenn. Code Ann. § 49-13-113
New Mexico	A start-up charter may enroll first come, first served, or by lottery when applicants exceed spaces; preference for returning students, employees' children, and siblings	"Apply early" if first come, first served; "apply by the deadline" if by lottery	NMSA 22-8B-4.1
New York	Enroll every eligible student who applies by April 1 unless applications exceed seats, then a lottery; preference for returning students, district residents, and siblings; a uniform application in the community's languages	"Apply by April 1"; offer the application in the languages families speak	Education Law § 2854(2)(b)

State detail: Texas, Florida, Arizona, North Carolina, Tennessee, New Mexico, New York.

Words to avoid in any state: "reserve your spot," "guaranteed seat," "limited spots, act now" (when admission is by lottery, applying early does not improve the odds), and anything that suggests an entrance exam or academic screen if your school admits by lottery.

Can a charter school advertise about an election or a ballot measure?

Keep enrollment ads and election ads completely separate.

State law may bar it. Arizona, for example, bars using charter school resources to influence the outcome of an election (A.R.S. 15-511). Check your state's rule before any ad mentions a ballot measure, a candidate, or a school funding vote.
Meta treats it as a political ad. Ads about social issues, elections, or politics require Meta's authorization process and a verified "Paid for by" disclaimer; Meta disapproves them without one (Meta Advertising Standards). Meta also blocks new political and social issue ads in the final week of a U.S. election campaign (Meta, February 2026).
Enrollment ads stay on enrollment. An ad that says "Now enrolling for 2027-28. Apply by February 15" is an enrollment ad. An ad that urges a vote on school funding or school choice legislation is a political ad, with different rules.

Can you use student photos and videos in ads?

Only with a clear basis, and the safest basis is written consent.

Some photos are education records. Under FERPA, a photo or video can be an education record when it directly relates to a student and the school maintains it (U.S. Department of Education, FAQs on Photos and Videos under FERPA).
Schools often use directory information or consent. The Department notes that schools often designate photos and videos of students at public events as directory information, or get consent from parents or eligible students before publishing them.
State law may add rules. New York, for example, also protects student data under Education Law § 2-d.
What we recommend: a signed media release for every student who appears in an ad, kept on file, and no names, grades, or other identifying details next to a child's photo.

Does a charter school's website have to be accessible?

For public entities covered by Title II of the Americans with Disabilities Act, yes, with set deadlines. The Department of Justice's 2024 rule adopted WCAG 2.1 Level AA as the standard for web content and mobile apps. On April 20, 2026, the Department extended the compliance dates (Federal Register, April 20, 2026):

Public entity size	Compliance date
Total population of 50,000 or more	April 26, 2027
Total population under 50,000, and special district governments	April 26, 2028

What this means for enrollment marketing. The application path is part of your website. Forms, buttons, and landing pages your ads send families to should meet the same standard. Which date applies to your school depends on how your school is organized and authorized; ask your counsel. The Department stated that the underlying obligation to provide accessible services continues in the meantime.

Can a charter school spend public funds on advertising?

State law and your charter decide, and your board approves. Enrollment advertising is common, but rules differ by state, and some states restrict specific uses, such as Arizona's bar on influencing elections (A.R.S. 15-511). Whether a specific campaign is an appropriate use of public funds is a question for your governing board, counsel, and auditor. Budget guidance: Charter School Marketing Budget.

What about texting and calling families?

Contact only families who asked to hear from you, and make it easy to stop.

Get consent on the inquiry form. Say plainly that the school or its outreach team will call or text.
Honor every opt-out right away. A parent who replies STOP gets no more texts.
No overnight texts. Taylor Wiz sends conversation texts only during the day, starting at 8 AM in the family's time zone. See How Taylor Wiz Uses AI in Parent Outreach.
Say who is texting. Every message should name the school.

Consent and texting rules are set by federal and state law and change over time. Confirm your consent language with counsel.

Charter school ad compliance checklist

The ad says "apply," not "reserve," "secure," or "guarantee."
The lottery and preferences match your state's law and your school's policy.
Deadlines in the ad match the deadline your school published.
"Tuition-free" appears, and nothing implies an admission test.
Test scores or ratings in the ad are current and cite their source.
No ad mentions an election, candidate, or ballot measure.
Every student in a photo or video has a signed media release on file.
The landing page and application form work on a phone and meet your accessibility standard.
The inquiry form says families may be called or texted, and opt-outs are honored.
Your board has approved the advertising budget.

Frequently asked questions

Can a charter school advertise for students?

Yes. Charter schools commonly advertise to families. The ads must match state enrollment law, and spending must follow your state's rules and your board's approval.

Can a charter school ad say "reserve your spot"?

It shouldn't. In the 7 states we cover, when applications exceed seats, seats go by lottery or in order of application, so a seat can't be reserved in advance. Say "apply" and give the deadline.

Do charter school ads about a ballot measure need a disclaimer on Facebook?

Yes. Meta requires authorization and a verified "Paid for by" disclaimer on ads about social issues, elections, or politics. State law may also bar using school resources to influence an election, as Arizona does (A.R.S. 15-511).

Can I use student photos in charter school ads?

With a clear basis, such as directory information designation or written consent. Under FERPA, some photos are education records. The safest practice is a signed media release for every student shown.

When does a charter school website have to meet ADA accessibility rules?

For public entities covered by ADA Title II, the Department of Justice set April 26, 2027 for entities with a total population of 50,000 or more, and April 26, 2028 for smaller entities and special districts. Ask counsel which date applies to your school.

Is this legal advice?

No. It is a summary of the rules we follow when we build enrollment campaigns, with citations. Confirm anything specific to your school with your counsel.

How much does Taylor Wiz cost?

Pricing is scoped to each school on a strategy call, based on your enrollment goals and your market.

Find out what a seat actually costs you

Bring your current enrollment numbers and ad spend. We will map your funnel from inquiry to submitted application and show you where families are lost.

Book a Strategy Call Get a Free Enrollment Audit

Written by Will Rodriguez, Founder and Chief Executive Officer

Reviewed for accuracy against the statutes, federal guidance, and platform policies cited. Not legal advice.

Published: October 5, 2026
Last updated: October 5, 2026