Question: If a school makes wearing PE uniforms mandatory for their student body, can they then let a booster group sell those uniforms to the students at an inflated cost to make a profit? In other words can the selling of mandatory uniforms be used as a fundraiser?

Response:   Selling mandatory uniforms cannot be used as a fundraiser. Many ASB organizations/booster clubs sell "spirit packs" that contain school logo t-shirts and shorts, which is permissible, even if a profit is being made.  But once the word mandatory comes into play, the Education Code is quite clear as to what is permissible.

Education Code section 49066 states that "No grade of a pupil participating in a physical education class may be adversely affected due to the fact that the pupil does not wear standardized physical education apparel where the failure to wear such apparel arises from circumstances beyond the control of the pupil", such as lack of sufficient funds.  The California Department of Education has stated the position that a school district may require students to purchase their own gym clothes of a district specified design and color so long as the design and color are of a type sold for general wear outside of school.  Once the required gym uniforms become specialized in terms of logos, school name or other similar characteristics not found on clothing for general use outside of school, they are considered school supplies and the district must provide the uniforms free of charge.