Question: Can a drama booster club deposit all funds made from a school production into its own account if a "Request for a Fund-raiser Approval" was made to the ASB from the Drama Club for a school production during and after school, and specifically indicates a discount would be given to those with an ASB Card?

Response: Education Code section 48932 grants the governing board the authority to authorize student organizations to conduct activities, including fund-raising during and after school hours.  That’s why it is clear that when fund-raising occurs during the school day, it is normally a student fund-raiser. Education Code section 51520 prohibits teachers or others from soliciting students during the school day or one hour before or after school unless the solicitation is for a charitable organization or an organization under the control of the district and has been approved by the board.

So, since this fund-raiser is partially during the school day, unless the school board specifically gave the booster organization the permission to sponsor and have this fund-raiser, this would be considered an ASB fund-raiser.  And, if I am interpreting your question correctly, it appears that this fund-raiser was officially approved by the student council, meaning that it is clearly an ASB fund-raiser.  If so, the money raised from the fund-raiser belongs in an ASB account, not a booster account. Whether or not a discount is given to those with an ASB card really has nothing to do with where the money should be deposited.  Rather, it really comes down to who got the approval to do the fund-raiser.

7/8/08