Question:  I am the student body bookkeeper at the district office. My question is " I have a parent who moved out of the district and has asked why she cannot get the money their child rose in fundraisers to be transferred with the student to the new school?"  We have informed this parent that the money raised is for the whole student body and the only money that actually belongs to the student is money the parent has donated directly towards their trip. This parent has requested a letter stating where this policy comes from.  Can you please advise me on where I can find this information? 

Response:  Education Code 48932 authorizes Student ORGANIZATION fundraising - an ORGANIZATION composed solely of pupils - which means the funds belong to the ORGANIZATION, not the individual students.  The Education Code goes on (in many areas) referring to an organization, not individual students.

And, although not a direct reference, by implication, Education Code 35564 talks about school district reorganization, in which boundary changes of a district (not an individual school) result in changing the pupil's district assignment, a division of ASB funds will be made based on total pupil enrollment, and that transfer shall be made to the Student BODY of the schools (not to individuals again).

All these Education Codes make it clear that there is no individual ownership in the funds.  In addition, the funds are raised under the district's name and deposited into a bank account with the district's tax ID number.  If individual students were fundraising on their own accord, they would have to use their own individual bank accounts, could not use the district facilities or district name, and would have reportable taxable income when fundraising occurred.

Then there are many law suits and legal opinions that make it clear a student can not be forced to fundraise, nor excluded from activities for not fundraising, which helps support that individual student fundraising results are NOT tracked for that individual. Student fundraising is for a GROUP of students (club or general ASB), never for an individual.