Question:
We have an elementary school that would like the fund-raising to all be done through the PTSA. Is that allowed or does it need to be handled through student council?Response: There is no law or other provision stating that fund-raising MUST be done via a student council. Education Code section 48930 discusses the purpose and privileges of Student Body Organizations, stating:
"Any group of students may organize a student body association within the public schools with the approval and subject to the control and regulation of the governing board of the school district. Any such organization shall have as its purpose the conduct of activities on behalf of the students approved by the school authorities and not in conflict with the authority and responsibility of the public school officials. Any student body organization may be granted the use of school premises and properties without charge subject to such regulations as may be established by the governing board of the school district."
So it is clear from this section, that although the governing board may approve student body organizations to exist, they do not necessarily have to do so.
Education Code sections 51520 and 51521 are in relation to fund-raising for non-student groups. These would be the sections to understand if PTSA were to begin doing all of the fund-raising, which could be allowed if the proper approval requested below is obtained and if the board were comfortable with the PTSA being the sole fund-raising entity.
51520(a) states: "During school hours, and within one hour before the time of opening and within one hour after the time of closing of school, pupils of the public school shall not be solicited on school premises by teachers or others to subscribe or contribute to the funds of, to become members of, or to work for, any organization not directly under the control of the school authorities, unless the organization is a nonpartisan, charitable organization organized for charitable purposes by an act of Congress or under the laws of the state, the purpose of the solicitation is nonpartisan and charitable, and the solicitation has been approved by the county board of education or by the governing board of the school district in which the school is located.
So, based on this section, if PTSA is to fund-raise during the school day, it must be a charitable organization (so a true non-profit entity) and the governing board has approved the specific fund-raising event. No such regulations exist for after the school day.
51521 also states, "No person shall solicit any other person to contribute to any fund or to purchase any item of personal property, upon the representation that the money received is to be used wholly or in part for the benefit of any public school or the student body of any public school, unless such person obtains the prior written approval of either the governing board of the school district in which such solicitation is to be made or the governing board of the school district having jurisdiction over the school or student body represented to be benefited by such solicitation, or the designee of either of such boards.
8/31/07
