
The Board of Education recognizes that parents/guardians and community members may wish to organize parent organizations and/or booster clubs for the purpose of supporting the district's educational and extracurricular programs. The Board appreciates the contributions made by such organizations toward the Board's vision for student learning and for providing all district students with high-quality educational opportunities.
(cf. 0200 - Goals for the School District)
(cf. 6020 - Parent Involvement)
This policy establishes conditions for facilitating fundraising on behalf of the district, its school sites and/or programs when appropriate and within the constraints of applicable law. As an overarching fundraising policy, the Board has two primary interests. The first is to ensure that while money received from fundraising activities supports the district, its schools and/or programs, it is solely the district that exercises control over the curriculum, programming, and staffing of NUSD.
The second interest is to promote NUSD's interest that students in our system generally have equal opportunities for programs, staffing and materials.
The Board recognizes and requires that individuals, parent and/or community groups or organizations that raise money on behalf of NUSD are separate legal entities, independent of the school or district. In order to help the Board fulfill its legal and fiduciary responsibility to manage district operations, any individual, group or organization that desires to raise money to benefit the district and/or any district school or program must submit a request for authorization to the Superintendent, or designee, in accordance with Board policy and administrative regulation.
In addition, the NUSD shall establish appropriate internal controls for the relationship between the NUSD and individuals, groups and/or organizations that fundraise on behalf of the district.
(cf. 1260 - Educational Foundation
(cf. 1321 - Solicitation of Funds from and by Students)
(cf. 1330 - Use of School Facilities)
(cf. 3452 - Student Activity Funds)
(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) Legal Reference: (see next page)
Persons proposing to establish a school-connected organization shall submit a request to the Board for authorization to operate within the district or at a district school.
A school-connected organization, including a booster club, parent-teacher association or organization, or other organization that does not include an associated student body or other student organization, shall be established and maintained as a separate entity from the school or district. Each school-connected organization shall be subject to its own bylaws and operational procedures or to the rules or bylaws of its affiliated state or national organization, as applicable.
In addition, activities by school-connected organizations shall be conducted in accordance with law, Board policies, administrative regulations, and any rules of the sponsoring school.
(cf. 0410 - Nondiscrimination in District Programs and Activities)
(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)
The Superintendent or designee shall establish appropriate rules for the relationship between school-connected organizations and the district.
A school-connected organization shall obtain the written approval of the Superintendent or designee prior to soliciting funds upon the representation that the funds will be used wholly or in part for the benefit of a district school or the students at that school. (Education Code 51521)
(cf. 1321 - Solicitation of Funds from and by Students)
(cf. 1330 - Use of School Facilities)
(cf. 3452 - Student Activity Funds)
A school-connected organization may consult with the principal to determine school needs and priorities.
Any participation in fundraising activities by students and their parents/guardians and/or any donation of funds or property shall be voluntary. (Education Code 49011)
(cf. 3260 - Fees and Charges)
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
49011 Student fees
49431-49431.7 Nutritional Standards
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
CODE OF FEDERAL REGULATIONS, TITLE 7
210.11 Competitive food services
220.12 Competitive food services
COURT DECISIONS
Serrano v. Priest, (1976) 18 Cal. 3d 728
Management Resources:
FISCAL CRISIS AND MANAGEMENT ASSISTANCE TEAM PUBLICATIONS
2015 ASB Accounting Manual, Fraud Prevention Guide and Desk Reference
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
Fiscal Crisis and Management Assistance Team (FCMAT); http://www.fcmat.org
Policy NOVATO UNIFIED SCHOOL DISTRICT
adopted: September 30, 2008 Novato, California
revised: April 19, 2011
revised: September 19, 2017