1 WELCOME TO GUIDELINES FOR PARENT ORGANIZATIONS AND BOOSTER CLUBS 201 8 /1 9 7:00 - 8:30 PM Presented by: Dr. Jennifer Williams, Executive Director Administrative Services Ms. Joan Velasco, Assistant Superintendent Business Services Mr. David Bennett, Director Business Services
2 PRIMARY OBJECTIVE •The Board of Trustees recognizes that parents may wish to organize for the purpose of supporting extracurricular programs such as athletic teams, debate teams, and musical groups. •The Board supports such activities and welcomes parental interest and participation. •The Board, Superintendent, Administration, and teachers/coaches appreciate your support! Jennifer Jennifer
3 FUNDAMENTALS •This presentation represents best practices of School Districts in California. •Booster and parent organizations are not legally part of the School District but normally adhere to District direction. •Most boosters are school-connected supporting their students. •The funds raised are normally voluntary donations from donors in the community. Jennifer Jennifer
4 OBJECTIVES OF THIS TRAINING • Discuss regulations related to parent organizations as they interact with public schools • Provide information on District specific Board Policies and procedures for community activities • Give ideas to simplify the accounting challenge for nonprofit organizations • Discuss general guidelines for nonprofits • Q&A Jennifer Jennifer
5 RELATIONSHIP OF BOOSTERS TO DISTRICT • ASB’s are legally part of the District and thus tax exempt and are annually audited • Boosters are not legally part of the District and not currently audited • Therefore, the funds of these two groups cannot be commingled Jennifer Jennifer
6 DEFINITIONS •School-connected organizations (Boosters) exist to raise money for their kids. •Boosters raise money from the local community and from parents (via the students). •Boosters represent that solicitations are for the School. •Boosters will operate using the name of the School or District (providing the District has approved the Boosters). If the purpose of a Booster group changes, the District can revoke the Booster group charter. Jennifer Jennifer
7 WHY DOES THE GOVERNING BOARD REQUIRE AN ANNUAL RENEWAL? • Board requires annual renewal – Why? • Includes approved organizations and “Board approved” fundraising under District’s Insurance Policy (safeguard for organization & District) • Provides ability for community members to obtain list from District of approved boosters organizations and fundraisers • Control - Allows Superintendent ability to govern • Grants the Board the right to audit financial records at any time Jennifer Jennifer
8 DISTRICT BOARD POLICIES • District BP 4222: Code of Ethics of the Teaching Profession- has been in place since 1978. • Integrity, ethical standards, no commercial gain • District AR 4222.1 Code of Ethics and Conduct for all Athletic Coaches, Advisors, and all Individuals Working with Co- and Extracurricular Activities • Cannot begin service until cleared, duty to report, no personal gain outside of District procedures, ethical behavior at all times • District BP 4236 Non-School Employment (Conflict of Interest) Jennifer Jennifer
9 In 1874 the Supreme Court held that students are entitled to education at public expense, known as “FAPE”. Jennifer Jennifer
10 FEES ● On September 9, 2010, ACLU filed a lawsuit against California and the Governor ● Stated that the State allowed Districts to charge fees for books and other supplies and that this practice “discriminates” against children from a low socio-economic background which results in an unfair education system ●On December 9, 2010, the Governor reached a settlement with ACLU which states that Districts will be notified of the prohibition of fees not specified in Ed Code as allowable Jennifer Jennifer
Always in the News “After investigation, a determination was made pursuant to Education Code 49010, that enough confusion existed about whether the Spirit Packs were mandatory or optional because of the flyer’s discussion of ‘personal space items’ being required,” wrote Sasha Scott, assistant principal of student activities, in a letter to parents on Thursday. “As such, a finding was made that the purchase of last year’s spirit pack was an illegal fee for parents who believed the items were required to be purchased from the District to participate in cheer.” Jennifer
12 FREE PUBLIC SCHOOL SYSTEM • Title 5 CCR, Section 350 – “A pupil enrolled in a school shall not be required to pay any fee, deposit, or other charge not specifically authorized by law,” as a condition of participation in curricular or extracurricular activities • May ask/suggest “donation” sum • California Constitution – Article IX, Section 5 – “No student shall be required to raise a specified amount of money as a condition of participation in an activity sponsored by a school-connected organization • Fundraising must always be “voluntary” Jennifer Jennifer
13 ALLOWABLE FEES • Cost of District furnished materials the student gets to keep and take home • Cost of food served to pupils • Charges to parent for lost or defaced books or other school property Jennifer Joan
14 ALLOWABLE FEES • No pupil shall be prevented from participating in a field trip due to lack of sufficient funds. • Parents may donate funds to support the costs of field trips and transportation costs. Jennifer Joan
15 FEES Specifically Allowed by Law: • Districts must provide insurance for field trips or make available, and which cost of insurance may be paid by parents. ● Districts must provide insurance for each athletic team member or make available, and which cost of insurance may be paid by parents. • No pupil shall be denied the opportunity to participate in a school camp. The District may charge a fee for parents willing to pay for the camp program. Jennifer David
16 USE OF SCHOOL FACILITIES • Booster groups may use District facilities by: • Verifying availability with school Principal or designee • Creating an account on the District reservation system • https://fjuhsd.districtcalendar.org (see Handout) • The Laws: • Community programs on district school premises • Education Code sections 10900-10915 (B.2) • Civic Center Act - Use of school property for public purposes • Education Code sections 38130-38139 (B.3) David David
17 EXAMPLES OF ASB OR BOOSTER ALLOWABLE or PROHIBITED FUNDRAISERS Prohibited Allowable Not insurable and/or allowed by law • Athletic events (compliant with • Watercraft activities league agreements) • Raffles or games of chance • Concession sales • Animal and mechanical rides • Entertainment and dances • Jump/bounce houses or • Advertising trampolines • Publications • Use of darts or arrows • ) • Objects thrown at live targets • Book fairs • Use of any water tanks • Cultural events • Cosmetic sales, manicure/makeup • Car washes- ok per ASCIP, but with booth concerns about water, the District is saying No. • Used jewelry, clothing, bedding David David
18 FOOD SALES •Because Food Laws are important and complex, our recommendation is that you consult with your Food Services personnel for any and all types of proposed food-connected sales during school hours David David
19 FUNDRAISING ACTIVITIES • Door-to-door sales by students • Not allowed by District policy (safety issues) • Permissible for sales to family and friends • Raffles and games of chance • 501(c)(3) status may conduct raffles and games of chance which require payment of a fee • Nonprofit must register annually with Attorney General Office before conducting raffle • Minors cannot participate David Jennifer
20 FUNDRAISING SAFEGUARDS • Pre-designate the use of funds and know why you are raising funds • Read all contracts carefully and know what you are agreeing to in the contract • Make sure there is insurance coverage • Discuss all planned use of funds during open Booster meetings and include decisions in all meeting minutes (provides a record) David Jennifer
21 OTHER REGULATIONS •District employees should not serve as a signor •No individual shall personally benefit from not-for-profit activities • NO compensation, loans • NO transfer of property • NO furnishment of goods, services, facilities, etc. David Joan
22 OTHER REGULATIONS •Organizations may not hire or directly pay individuals who work frequently and directly with students, e.g. walk-on coaches •May donate funds to District to cover salary and benefit costs if approved in advance by governing board, and not in conflict with CIF and Collective Bargaining agreements David Joan
23 Boosters Assisting With Coaching Needs • The District hires coaches, not the Booster organization. • For athletic programs governed by CIF the District only allows Booster Clubs to donate money for summer pay. • Boosters do not advise coaches on how to coach the team. • Boosters will not be consulted in site Administrative decisions related to coaches. Joan Joan
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