Question: The AJ club wanted to buy textbooks for required AJ classes and give them to students majoring in AJ. Is that legal? Considered a "gift?" Or do they have to set up a book loan program?

Response: If the AJ club wants to organize a fund-raiser in order to purchase textbooks for students to use during the semester rather than having the students purchase the textbooks themselves, this should be permissible IF the students have to return the textbooks at the end of the semester, as the textbooks would belong to the college, not the specific students. If the students were allowed to keep the textbooks after the semester was over, this truly could be considered a gift of public funds.  There would also need to be an agreement in place that the student will have to pay for the textbook if it is lost, stolen or damaged while being loaned out to them.  Also, students who are not able to participate in the fund-raiser, or will not participate in the fund-raiser, should not be barred from borrowing the textbooks, just like any other student in the class who did participate.  All students will need to be treated the same.

9/1/09