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Hayward USD |  BP  1230  Community Relations

School-Connected Organizations   

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The Governing Board recognizes that parents/guardians and community members may wish to organize parent organizations and/or booster clubs for the purpose of supporting district educational program and/or extracurricular programs, such as athletic teams, debate teams, or musical groups. The Board supports such activities and appreciates the contributions made by such organizations, and encourages their interest and participation in supporting district activities and helping to achieve the district's vision for student learning.

(cf. 0200 - Goals for the School District)

(cf. 6020 - Parent Involvement)

The Board recognizes that school-connected organizations are separate legal entities, independent of the district. However, in order to help the Board fulfill its legal and fiduciary responsibility to manage district operations, any school-connected organization that desires to raise money to benefit any district student shall submit a request for authorization to the Board, in accordance with Board policy and administrative regulation. In addition, the Superintendent or designee shall establish appropriate internal controls for the relationship between school-connected organizations and the district.

(cf. 1321 - Solicitation of Funds from and by Students)

(cf. 1330 - Use of School Facilities)

(cf. 3452 - Student Activity Funds)

The Board encourages school-connected organizations to consider the impact of fund-raising activities on the overall school and district program. School-connected organizations may consult with the principal to determine school needs and priorities. Any program, fund-raiser or other activity sponsored by parent/booster clubs shall be authorized and conducted according to Board policy, administrative regulations and school rules. Announcements of events and related parent permission slips shall clearly indicate that the activity or event is sponsored by the parent/booster organization, not by the school or district.

(cf. 3290 - Gifts, Grants and Bequests)

(cf. 3554 - Other Food Sales)

(cf. 5030 - Student Wellness)

(cf. 6145 - Extracurricular and Cocurricular Activities)

(cf. 6145.2 - Athletic Competition)

Because school-connected organizations are separate legal entities, if a concern arises regarding the equitable distribution of funds, the Superintendent or designee shall consult with the leadership of such organizations and district legal counsel.

A school-connected organization may not represent the district nor bind the district or any of its employees to a third party with which the organization may conduct business.

Food sales by outside organizations may not compete with the district's school nutrition program and must comply with the nutritional standards and food safety laws specified by law. The Board authorizes the Superintendent or designee to approve the sale of foods and beverages outside the district's food service program, including sales by school-connected organizations for fundraising purposes.

Legal Reference:

EDUCATION CODE

200-262.4 Prohibition of discrimination on the basis of sex

35160 Authority of governing boards

38130-38138 Civic Center Act, use of school property for public purposes

48931 Authorization for sale of food by student organization

48932 Authorization for fund-raising activities by student organization

49431 Sale of food to elementary students during the school day

49431.2 Sale of food to middle, junior, or high school students

49431.5 Sale of beverages at elementary, middle, or junior high schools

51520 Prohibited solicitation on school premises

51521 Fund-raising project

BUSINESS AND PROFESSIONS CODE

17510-17510.95 Solicitations for charitable purposes

25608 Alcohol on school property; use in connection with instruction

GOVERNMENT CODE

12580-12599.7 Fundraisers for Charitable Purposes Act

PENAL CODE

319-329 Lottery, raffle

CODE OF REGULATIONS, TITLE 5

4900-4965 Nondiscrimination in elementary and secondary education programs

15500 Food sales in elementary schools

15501 Food sales in high schools and junior high schools

CODE OF REGULATIONS, TITLE 11

300-312.1 Fundraising for charitable purposes

UNITED STATES CODE, TITLE 20

1681-1688 Discrimination based on sex or blindness, Title IX

COURT DECISIONS

Serrano v. Priest, (1976) 18 Cal. 3d 728

Management Resources:

CALIFORNIA DEPARTMENT OF EDUCATION LEGAL ADVISORIES

1101.89 School District Liability and "Hold Harmless" Agreements, LO: 4-89

WEB SITES

CSBA: http://www.csba.org

California Office of the Attorney General, charitable trust registry: http://caag.state.ca.us/charities

California State PTA: http://www.capta.org

Policy HAYWARD UNIFIED SCHOOL DISTRICT

adopted: November 18, 1991 Hayward, California

revised: May 8, 2013