We are in California. Since posting this a few hours ago, I have been searching for such a law. It was a supposed law quoted by our PTA group, principal and our district superintendant. The context in which it was quoted was when our PTA refused to support our efforts to fund the classrooms. We responded by going to the principal and district to get approval and they stated that this law was the reason that they were unable to do a fundraiser outside of PTA. The only thing that I have been able to find in the California Education code is that schools are not allowed to conduct raffles or games of chance: Quote "School districts, including student clubs, are not authorized to participate in raffles because, unlike the
local PTA, they are not nonprofit organizations exempt from state tax as defined in the Franchise Tax
Code. Rather, school districts are exempt from tax by virtue of being a government entity.
It is possible for a private, nondistrict, non-ASB nonprofit group, such as a parent group, education foundation
or booster club, to conduct raffles as long as the organization is a tax-exempt nonprofit organization
with an approved tax identification number pursuant to Revenue and Taxation Code 23701d."
The only thing else I was able to find that is relatively close is: Nonstudent organizations are not to solicit funds on behalf of a school or its students during the school
day without prior approval by the school board or its designee for each individual fund-raising event.
Unless board policy or practice state otherwise, students can assist in nonstudent organization fundraisers.
It is important when students are involved that the donors understand this is a nonstudent fundraiser.
The state disclosure law (Business and Professions Code 17510 to 17510.7) requires volunteers
11 years and older to present potential donors or buyers with information, including the purpose of the
solicitation and the address from which further information about revenues and administrative expenses
may be obtained.
We are fundraising during school hours. Also, we have been crystal clear in writing what dollar amount off of each item will be donated to the classes and what it will be used for specifically.
I am starting to think the excuse they gave us is just another attempt to thwart our efforts. Who knew that doing the right thing could be so difficult?
What state are you in? We have active members on this Forum from pretty much everywhere and I don't believe I've ever heard of a law like you describe.
It's hard to imagine a public school (or private, that matter) that wouldn't accept donations.
Sadly, we have a very disfunctional PTA at our school. We would like to form a PTO. However, short term many of our parents want to raise much needed funds for our school's science and math programs. The PTA leadership has undermined us at every turn.
We have just found out that because public schools receive their funding from tax dollars, they do not have the ability to raise money through outside fundraisers. This may sound like a silly question but, does anyone know if it is illegal for the PARENTS to get together and raise money by selling items then donating the money to the school? We are not promotong the sale as a "school fundraiser", we are simply selling items and saying that we plan to donate the proceeds to the classrooms.
Thanks for your help--we are just a little confused on the interpretation of the law.
