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Elk Grove USD  |  BP  1321  Community Relations

Solicitation Of Funds From And By Students   

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Solicitations On Behalf Of Non-School Charitable Organizations

The Board of Education recognizes that fund-raising enables non-profit, nonpartisan charitable organizations to fulfill important, worthwhile goals. The school district, by example, can help students develop a true sense of social responsibility.

Funds may be solicited or materials distributed for those non-profit, nonpartisan organizations that are properly chartered or licensed by state or federal law. All such solicitations on school premises must be approved prior to any solicitation activity by the Board or designee. (Education Code 51520)

During school hours, and within one hour before the time of opening and within one hour after the time of closing of school, pupils of the public school shall not be solicited on school premises by teachers or others to subscribe or contribute to the funds of, to become members of, or to work for, any organization not directly under the control of the school authorities, unless the organization is a nonpartisan, charitable organization organized for charitable purposes by an act of Congress or under the laws of the state, the purpose of the solicitation is nonpartisan and charitable, and the solicitation has been approved by the county board of education or by the Board of Education of the school district in which the school is located.

Solicitations on Behalf of the School

Subject to the approval of the Superintendent or designee, official school-related organizations (PTA, booster club, etc.) may organize fund-raising events involving students.

(cf. 1230 -Other School-Connected Organizations)

Prior approval from the Superintendent or designee shall be required for sales or solicitations whenever any portion of the funds raised is applied to the costs of the fund-raiser or to the costs of merchandise sold. (Education Code 51521) Prior approval from the Superintendent shall not be required if the total proceeds of a solicitation are delivered to the school without any deductions for expenses. (Education Code 51521)

The Superintendent or designee shall design procedures for insuring that parents/guardians are informed of the purpose of all fund-raisers benefiting the school or school groups. After the fund-raiser is held, parents/guardians shall be told how much money was raised and how it was spent. Parents/ guardians shall be encouraged to offer their suggestions for the use of money raised to improve school facilities or to finance supplementary educational experiences.

Students making solicitations on behalf of the school or for school-related projects are expected to demonstrate courteous and respectful attitudes towards all individuals and businesses, whatever the outcome of the solicitation may be.

All Solicitations

Whether solicitations are made on behalf of the school or on behalf of another charitable organization, the Board particularly desires that no students shall be made to feel uncomfortable or pressured to provide funds which they or their families can ill afford. Staff is expected to emphasize the fact that donations are always voluntary. No students shall be barred from a school-related activity because they lack sufficient funds. (Education Code 35330 (d)) Clubs and other school organizations should develop rules or procedures that would protect the rights of students who do not participate in fund-raising activities.

The Board discourages the use of individual awards or other incentives which identify donors/participants.

Legal Reference:

EDUCATION CODE

51520 Prohibited solicitations on school premises

51521 Unlawful solicitations of contribution or purchase of personal property for benefit of public school or student body; exception

BUSINESS AND PROFESSIONS CODE

17510-17510.95 Charitable solicitations

PENAL CODE

319-329 Raffles

REVENUE AND TAX CODE

6361 Sales tax exemption for certain sales

CODE OF REGULATIONS, TITLE 8

11706 Dangerous activities and occupations

Management Resources:

CSBA PUBLICATIONS

Healthy Food Policy Resource Guide, 2003

ATTORNEY GENERAL PUBLICATIONS

Guide to Charitable Solicitation, 1999

Attorney General's Guide for Charities, 1988

WEB SITES

Office of the Attorney General: http://caag.state.ca.us

Policy ELK GROVE UNIFIED SCHOOL DISTRICT

adopted: May 21, 1990 Elk Grove, California

revised: June 19, 2012