“ Ever y ch i l d , ever y ch an ce, ever y d ay.”
SCHOOL FEE GUIDELINES
2015-­‐2016
Created with the guidance of Griffith & Thornburgh, LLP
Document prepared by the Santa Barbara Unified School District’s Office of Administra[ve Services and Communica[ons
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Table of Contents
Introduc[on
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Part 1: Permissible Mandatory Fees / Charges / Deposits
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Part 2: Prohibited Fees and Necessary Materials
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Part 3: Examples of Most Common Student Fee Areas
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Part 4: Fundraising and Solicita[ons
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Part 5: Sample Dona[on Dos and Dont’s
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There are permissible fees and prohibited fees in public educa[on.
Unless permissible by law, schools cannot require dona[ons in order for students to par[cipate in a certain class or ac[vity.
Please review this document and, if you feel you have been charged a prohibited fee, please contact Santa Barbara Unified School District Assistant Superintendent Emilio Handall (elementary educa[on) or Assistant Superintendent Ben Dra[ (secondary educa[on) at (805) 963-­‐4338.
Document created August 20, 2013, revised August 26, 2014
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Introduc[on
Fundraising by volunteer groups has contributed to the excellence of the school district’s curricular and extra-­‐
curricular programs and the rich learning environment our students enjoy in our schools, and the district appreciates and encourages those efforts. During these difficult budgetary [mes, the district realizes that there is increasing pressure to raise monies to maintain the high level of programs our students enjoy. But over the last several years the issue of school fees and fundraising has garnered significant scru[ny, both in the form of successful and threatened li[ga[on against school districts and the California Department of Educa[on, and as pending legisla[on designed to crack down on the illegal charging of school fees. For example:
The American Civil Liber[es Union (ACLU) threatened the San Diego Unified School District with li[ga[on over band, spirit pack, ASB and other fees the district was charging students.
A lawsuit filed by the ACLU against the California Department of Educa[on (CDE) and others lis[ng 32 school districts that charge students fees for books and other materials related to credit course and alleging that the CDE has failed to monitor and enforce the California Cons[tu[on and the Educa[on Code prohibi[ng such fees was sehled. That sehlement resulted in the enactment of new Educa[on Code provisions requiring school districts to inves[gate whether it was charging illegal fees, to self-­‐report if illegal fees had been charged, and to reimburse students for illegal fees they had paid.
This fee guidance memorandum is designed to help you monitor both student fees and voluntary fundraising at your school to help ensure that the district stays well within the law rela[ng to student fees and voluntary fundraising. Free Public Education
Ar[cle IX, Sec[on 5 of the California Cons[tu[on mandates that public educa[on be provided to students free of charge, unless a charge is specifically authorized by law for a par[cular program or ac[vity. Educa[on Code sec[ons 49010 and 49011 prohibit a school district from charging pupil fees for any educa[onal ac[vity. Title 5, California Code of Regula[ons, Sec[on 350, implements this cons[tu[onal requirement and specifically states: “A pupil enrolled in a school shall not be required to pay any fee, deposit, or other charge not specifically authorized by law.” This cons[tu[onal right of free access encompasses all educa[onal ac[vi[es, whether curricular or extracurricular, and regardless of whether credit is awarded for the educa[onal ac[vity. A fee waiver policy for student fees does not saDsfy the requirements of the free school guarantee.
SCHOOL SUPPLY LIST
Newly-­‐enacted California EducaDon Code SecDon 49011(a)(1) requires that "All supplies, materials, and equipment needed to parDcipate in educaDonal acDviDes shall be provided to pupils free of charge." Code Sec[on 60070, states "No school official shall require any pupil . . . to purchase any instruc[onal material for the pupils' use in the school." This means that school supplies-­‐-­‐e.g., paper, pens/pencils/crayons, protractors, rulers, binders, workbooks-­‐-­‐required for a class must be provided to students free of charge.
Because dona[ons must truly be voluntary, schools may not develop and distribute lists of school supplies that are presented to parents as a requirement. In a truly voluntary school supply solicita[on:
• it must be clear to parents that dona[ons of school supplies in any quan[ty are appreciated, but under no circumstances are they required; and
• a statement must be included that indicates that unused supplies will not be returned if the student changes classes or if the supplies are unused during the current school year.
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Part 1
Permissible Mandatory Fees / Charges / Deposits
The following fees, charges, and deposits can be levied as authorized in the following Educa[on Code sec[ons: 1. TransportaDon to and from school, and transporta[on between school occupa[onal centers, programs or classes, as long as the fee does not exceed the statewide average non-­‐subsidized cost per student and provided there is a waiver provision based on financial need. (Educa[on Code Sec[on 39807.5)
2. TransportaDon of pupils to places of summer employment. (Educa[on Code Sec[on 39837(b)) 3. Fees for field trips and excursions in connec[on with courses of instruc[on or school related social, educa[onal, cultural, athle[c, or school band ac[vi[es, so long as no pupil is prevented from making the field trip or excursion because of lack of sufficient funds. (Educa[on Code Sec[on 35330) 4. Fees for school camp programs, but the fee cannot be mandatory, and no pupil shall be denied the opportunity to par[cipate in a school camp program because of nonpayment of the fee. (Educa[on Code Sec[on 35335)
5. Charges for food served to pupils, subject to free and reduced price meal program eligibility and other restric[ons specified in law. (Educa[on Code sec[ons 38082 and 38084). 6. Sale of materials purchased from the incidental expense account to pupils in classes for adults if provided in the governing board regula[ons. The proceeds of all such sales shall be deposited in that account. (Educa[on Code Sec[on 52615) 7. Course fees and fees for textbooks and classroom materials in a class for adults (but not for English or ci[zenship courses aler July 1, 2015). (Educa[on Code Sec[on 52612) 8. The actual cost of textbooks fees used in adult classes or, for books that are loaned, a refundable deposit can be imposed on loaned books. (Educa[on Code Sec[on 60410)
9. Charges for standardized physical educaDon aXre of a par[cular color and design, but the school may not mandate that the anre be purchased from the school and no physical educa[on grade of a student may be impacted based on the failure to wear standardized apparel “arising from circumstances beyond the control” of the student. (Educa[on Code 49066)
10. Medical or hospital insurance for field trips that is made available, medical or hospital insurance, or both, for pupils par[cipa[ng on any excursion or field trip. (Educa[on Code Sec[on 35331) 11. Charges for medical and accident insurance for athle[c team members, so long as there is a waiver for financial hardship. (Educa[on Code Sec[on 32221) 12. Paying the replacement cost for district books or supplies loaned to the student that the student fails to return, or that is willfully cut, defaced or otherwise injured, up to an amount not to exceed $10,000. (Educa[on Code Sec[on 48904)
13. TuiDon fees charged to pupils whose parents are actual and legal residents of an adjacent foreign country or an adjacent state. (Educa[on Code sec[ons 48050, 48051 and 48502)
14. Reimbursement for the direct cost of materials provided to a student for property the student has fabricated from such materials for his or her own possession provided that the school district governing board has S A N TA B A R B A R A U N I F I E D S C H O O L D I S T R I C T S C H O O L F E E G U I D E L I N E S 2 0 1 4 -­‐ 2 0 1 5
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authorized such sales pursuant to an adopted board policy. This applies to classes such as wood shop or sewing where an item is taken home by the students, but not when the items remain at school. It also does not apply to food in home economic classes which is eaten as part of the course work. If a student wishes to purchase an item that they have made, the district will charge the direct cost of the materials used. A flat fee or a requirement that students pay in advance for materials is prohibited. (Educa[on Code Sec[on 17551)
15. Fees for an opDonal fingerprin[ng program for kindergarten or other newly enrolled students can be assessed to the parent or guardian who chooses to par[cipate, provided that the fee cannot exceed the actual costs associated with the program. (Educa[on Code Sec[on 32390) 16. Fees for community classes in civic, voca[onal, literacy, health, homemaking, and technical and general educa[on, not to exceed the cost of maintaining the community classes. (Educa[on Code sec[ons 51810 and 51815)
17. Fees for several statutory child care programs under certain condi[ons. Families whose children are enrolled in the state preschool program or for services to severely handicapped children may not be charged. A similar before-­‐and-­‐ aler-­‐school-­‐ ch. ild-­‐supervision program is authorized to charge fees to par[cipants as long as “no needy child who desires to par[cipate shall be denied the opportunity to par[cipate because of inability to pay the fee.” (Educa[on Code sec[ons 8263(f), 8250(d), 8265, 8487, 8488(b))
18. Actual cost of duplicaDon of public records or student records. The California Public Records Act authorizes public agencies to charge the actual costs of duplica[on for its records. The direct cost of duplica[on standard also applies to reproduc[ons of the prosperous of school curriculum. (Educa[on Code Sec[on 49091.14; Government Code Sec[on 6253) 19. Charges for opDonal a[endance as a spectator at a school-­‐ or district-­‐sponsored ac[vity. (See Hartzell v. Connell (1984) 35 Cal.3d 899.) 20. Charging for the parking of vehicles on school grounds. (Vehicle Code 21113)
21. Charges for the rental or lease of personal property needed for district purposes such as caps and gowns for gradua[on ceremonies. (Educa[on Code 38119)
22. Deposits for band instruments, music, uniforms and other regalia which school band members take on excursions to foreign countries. (Educa[on Code Sec[on 38120)
23. Charges for eye safety devices, at a price not to exceed the district’s actual cost, in specified courses or ac[vi[es in which students are engaged in or observing, an ac[vity or the use of hazardous substances likely to cause injury to the eyes. (Educa[on Code Sec[on 32033) S A N TA B A R B A R A U N I F I E D S C H O O L D I S T R I C T S C H O O L F E E G U I D E L I N E S 2 0 1 4 -­‐ 2 0 1 5
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Part 2
Prohibited Fees and Necessary Materials
Prohibited Fees
Consistent with the general rule that no fees can be charged for any purpose, students cannot be charged for any fee for any purpose unless that fee is specifically authorized by law: that is, by the Educa[on Code. The following list of prohibited fees is simply an example of fees that the California Ahorney General has found cannot be charged:
1. A deposit in the nature of a guarantee that the district would be reimbursed for loss to the district on account of breakage, damage to, or loss of school property. 2. An admission charge to an exhibit, fair, theater or similar ac[vity for instruc[on or extracurricular purposes when a visit to such places is part of the district’s educa[onal program. 3. A tuiDon fee or charge as a condiDon to enrollment in any class or course of instruc[on, including a fee for ahendance in a summer or vaca[on school, a registra[on fee, a fee for a catalog of courses, a fee for an examina[on in a subject, a late registra[on or program change fee, a fee for the issuance of a diploma or cer[ficate, or a charge for lodging. 4. Membership fees in a student body or any student organiza[on as a condi[on for enrollment or par[cipa[on in athle[c or other curricular or extracurricular ac[vi[es sponsored by the school (ASB cards may be sold to allow discounts or free entrance to games and social events). 5. InstrucDonal materials must be furnished without charge to elementary and high school students. Adults may be assessed a charge for books not to exceed their true cost to the district. Educa[on Code sec[ons 60070 and 60410. 6. Fees to enroll and/or parDcipate in ac[vi[es of career technical student organiza[ons which are part of a career technical class or course or instruc[on offered for credit. Educa[on Code Sec[on 52375. 7. Pupils shall not be charged for transportaDon associated with ac[vi[es of career technical student organiza[ons which are part of a career technical class or course of instruc[on offered for credit when those ac[vi[es are integral to assis[ng the pupil to achieve the career objec[ves of the class or course. Educa[on Code Sec[on 52373
8. An apprenDce, or his or her parents or guardian, shall not be charged for admission or ahendance in any class. Educa[on Code Sec[on 48053. Obligation to Provide “Necessary Supplies” and Instructional Materials without Charge
California law expressly provides “Wri[ng and drawing paper, pens inks, blackboards, blackboard erasers, crayons, lead pencils and other necessary supplies for the use of the schools shall be furnished under direc[on of the governing boards of the school district.” (Educa[on Code Sec[on 38118). Under this sec[on, students may not be charged a fee for security deposits for locks, lockers, books, class apparatus, musical instruments, uniforms or other equipment.
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Also, because school districts are required to furnish necessary supplies, they are also responsible for regular upkeep and maintenance of those supplies. The law allows a district to impose requirements for proper care and usage and liability for inten[onally or negligently damaging such supplies, but it may not impose liability where damage results from normal wear and tear, or from an intervening cause or a third party. The pending ACLU v. CDE lawsuit gives numerous examples of prohibited necessary-­‐school-­‐supply and instruc[onal-­‐
material fees that school districts throughout the state are currently charging:
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Course workbooks Science lab manuals
Graphing calculators
USB flash drives for computer courses
Advanced Placement course and examina[on fees
Material fees for supplies used in art, home economics, automo[ve and similar courses
Music instrument rental fees
News magazine subscrip[ons
PE uniforms
Locker locks
Academic planners
Districts can, however, recommend, and even make available, strictly op[onal materials for the students’ personal benefit. The law allows parents or other individuals, as well as school districts, to directly purchase instruc[onal materials from the state adopted lists. (Educa[on Code Sec[on 60310). Also, teachers may make available a list of suppliers for tutorials, books, supplemental educa[onal materials, or inexpensive quality paperback literature for leisure reading. Teachers may also encourage students to use appropriate study aids as long as these purchases are strictly op[onal and in no way part of the regular instruc[onal program. If such materials are not part of the adopted curriculum or part of an established extracurricular program, and there is no penalty for failure to use or purchase them, they are not “necessary supplies.” The opposite arises, however, when such enrichment literature or materials are used as supplemental instruc[onal material for a class or are an established part of an extra-­‐curricular ac[vity. Then, the material becomes a “necessary supply” which must be provided or loaned free of charge. The crucial point here is not whether or not a grade is assigned. Rather, what counts is the par[cipa[on and whether the material used in the instruc[onal or extra-­‐curricular ac[vity becomes a necessary school supply. S A N TA B A R B A R A U N I F I E D S C H O O L D I S T R I C T S C H O O L F E E G U I D E L I N E S 2 0 1 4 -­‐ 2 0 1 5
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Part 3
Examples of Most Common Student Fee Areas
(based on the opinion of the Santa Barbara Unified School District’s legal counsel)
Athletic Transportation
There is no conclusive authority on this point. As a general maher, the free school guarantee doesn’t include transporta[on because “ Transporta[on is simply not an educa[onal ac[vity.” Arcadia Unified School District v. State Department of Educa[on, 2 Cal.4th 251, 263 (1992) (upholding the cons[tu[onality of Cal.Educ.Code Sec[on 39807.5, which authorizes a school district to impose a transporta[on fee for students to and from school). Cal.Educ.Code Sec[on 39807.5 may also be authority to charge such a fee if the student athletes are being transported to and from school.
Caps and Gowns
Educa[on Code Sec[on 38119 permits a school district to rent or lease caps and gowns to seniors who par[cipate in high school gradua[on ceremonies. We have found no authority allowing a school district to require students to buy the caps and gowns. And per California Code of Regula[ons Title 5, Sec[on 350, no fee or charge may be imposed on students without specific authority. And as with spirit packs discussed in item 2, it will be difficult to successfully argue, as do some cap and gown companies, that the gradua[on ceremony isn't an "integral and fundamental" part of a student's secondary educa[on. This is especially since new Cal.Educ.Code Sec[on 40910(a) isn't limited only to curricular and extracurricular ac[vi[es, but other ac[vi[es as well since it uses the term "including but not limited to, curricular and extracurricular ac[vi[es." And, since caps and gowns are typically mandatory (that is, students cannot wear whatever garb they want to the gradua[on), it is also seems likely that a court would find the cap and gown to fall within the ambit of "materials, supplies, equipment or uniforms associated with an educa[onal ac[vity" per new sec[on 49010(b)(3). So, we conclude that students cannot be compelled to buy a cap and gown.
Cheerleading Uniforms
Students cannot be required to pay for cheerleading uniforms. Hartzell at 914 (no[ng an opinion of the Legisla[ve Counsel that Title 5, Sec[on 350 prohibits fees for uniforms used in extracurricular ac[vi[es).
Fees
Class Fees. Students can be charged for materials furnished to a student for items the student has fabricated from the materials for his or her own use: i.e., for materials that will be taken home. The fee cannot exceed the actual cost of the materials. Educa[on Code Sec[on 17551. No other class fees are permissible. Hartzell at 913; California Code of Regula[ons Title 5, Sec[on 350.
Locker Fees. We have found no authority perminng a school district to assess a fee for using school lockers. Without that authority, California Code of Regula[ons Title 5, Sec[on 350 would prohibit a school district from assessing that fee.
Transcript Fees. Educa[on Code Sec[on 49065 does not permit a school district to charge for the first two transcripts of former pupil records. A district can charge the actual cost of furnishing other student records.
Grad Night and Proms
Students may be charged for these ac[vi[es under the same ra[onale applicable to school dances.
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Gym Clothes: Selling Required Gym Clothing
This is a murky area. The CDE’s Fiscal Management Advisory 97-­‐02 takes the posi[on that “a school district may require its 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 school.” But, according to the CDE, if the required gym clothes “become specialized in terms of included logos, school name or other characteris[cs not found on clothing for general use outside of school, they are school supplies and the district must provide those uniforms free of charge.” On the other hand, Educa[on Code Sec[on 49066(c) gives implied authority for schools to charge for standardized apparel for physical educa[on classes. It provides only that a grade of a student cannot be adversely affected if the student fails to wear “standardized physical educa[on apparel where the failure to wear such apparel arises from circumstances beyond the control of the student.” We think the most prudent course is to not require anyone to purchase specific gym clothing.
Parking Permit
The free school guarantee doesn’t include transporta[on. Students can be charged a parking permit fee. School Dances Outside the School Day
There is no authority directly addressing school dances. But, Hartzell at 912, n. 14 dis[nguished between extracurricular ac[vi[es, for which no fee may be imposed, and “ac[vi[es which are purely recrea[onal in character [such as] ahending weekend dances or athle[c events.” Since dances aren’t part of or related to the student’s educa[onal program, we believe students can be charged to ahend school dances. Senior Week Activities
We have found no authority about charging fees for senior week ac[vi[es. If these extracurricular ac[vi[es are educa[onal in character under Hartzell, instead of ac[vi[es that are “purely recrea[onal in character” like aler school dances, students cannot be charged for them. Spirit Packs (hat, practice shirt, socks, etc., depending on sport)
Assuming this apparel is related to an extracurricular ac[vity, students cannot be required to pay for it. Hartzell at 914 (no[ng an opinion of the Legisla[ve Counsel that Title 5, Sec[on 350 prohibits fees for uniforms used in extracurricular ac[vi[es). And although not direct authority, the ACLU, in its publica[on “Pay-­‐to-­‐Learn: An Inves[ga[on of Mandatory Fees for Educa[onal Ac[vi[es in California’s Public Schools,” lists spirit pack fees as illegal. Also, AB 165 makes charging fees for spirit packs ques[onable. AB 165 contains a new Cal.Educ.Code Sec[on 49011(a) which prohibits charging a "pupil fee." New Sec[on 49010(b)(3) defines "pupil fee" as including "a purchase that a pupil is required to make to obtain materials, supplies, equipment or uniforms associated with an educa[onal ac[vity." New Sec[on 40910(a) broadly defines "educa[onal ac[vity" to include an ac[vity "that cons[tutes an integral fundamental part of...secondary educa[on, including but not limited to, curricular and extracurricular ac[vi[es." (emphasis added). Although AB 165 is supposed to simply be declara[ve of exis[ng law, these new provisions do seem to broaden the scope of school-­‐related ac[vi[es for which a school cannot impose fees or charges. Trips: Cost of Food for Overnight Field Trips
Educa[on Code Sec[on 35530 governs field trips and excursions in connec[on with school courses or extracurricular ac[vi[es. The general rule regarding fees is found in Sec[on 35530(b)(1): “No pupil shall be prevented from making the field trip or excursion because of lack of sufficient funds.” This sec[on requires the governing board to coordinate with community services group to raise funds for pupils in need. The lack of sufficient funds rule is quite broad and doesn’t exclude expenses for food that might be incurred during a field trip or excursion. Our view, therefore, is that students can be required to pay for food on a field trip unless they cannot afford to do so, in which case funds need to S A N TA B A R B A R A U N I F I E D S C H O O L D I S T R I C T S C H O O L F E E G U I D E L I N E S 2 0 1 4 -­‐ 2 0 1 5
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be raised to pay for that food. Also note that, as discussed in item 9 below, if funds cannot be raised so that all students in an “iden[fiable group” – a racial, ethnic or religious group – can go on the field trip or excursion, the school may not conduct the field trip or excursion. See Sec[on 35530(b)(2). Trips: Out-of-State Trips
Educa[on Code Sec[on 35330(b)(3) governs class trips outside of California. It provides that “No expenses of pupils par[cipa[ng in a field trip or excursion to another state, the District of Columbia, or a foreign country...shall be paid with school district funds.” The sec[on does permit the use of school district funds to pay for instructors, chaperones and the expenses for using school district equipment. This rule, read with the provisions of sec[on 35330(b)(1) – the no-­‐exclusion-­‐from-­‐field-­‐trips-­‐due-­‐to-­‐inability-­‐to-­‐pay rule – requires that pupils pay their own way on out-­‐of-­‐state trips and allows community groups to assist in fundraising for those trips. But there is another rule that prohibits the school from conduc[ng a field trip or exclusion if certain students cannot par[cipate due to a lack of funds. Educa[on Code Sec[on 35330(b)(2) says that “No group shall be authorized to take a field trip or excursion if a pupil who is a member of an iden[fiable group will be excluded from par[cipa[ng in the field trip because of lack of sufficient funds.” The term “iden[fiable group” isn’t defined in the statute. It commonly refers to persons who are part of a racial, religious, ethnic or similar group. Santa Barbara Unified School District should not conduct excursions or field trips, out-­‐of-­‐state or otherwise, where there are such students who want to par[cipate in those trips but cannot due to lack of funds. Yearbooks
Educa[on Code Sec[on 38118 does not permit a school district to charge for school supplies and sec[on 60070 prohibits schools for charging students for instruc[onal materials. Yearbooks fall outside both these categories and, in our view, a district can charge for a yearbook.
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Part 4
Fundraising and Solicita[ons
The Supreme Court in Hartzell v. Connell stated that “educa[onal opportuni[es must be provided to all students without regard to their families’ ability or willingness to pay fees or request special waivers.” In 1998 the California Ahorney General addressed the issue of dona[ons, and emphasized that there is no viola[on of the free school guarantee when the raising of private funds is truly voluntary. School districts, schools, programs, and classes can and do seek and accept dona[ons of funds and property, and this prac[ce is permissible as long as it is truly voluntary and in no way a prerequisite to parDcipaDon in the program or acDvity. Pending AB 1575 expressly provides that nothing in the bill would prohibit voluntary fundraising. There are no cases or statutes defining when the line between legal, truly voluntary fundraising is crossed and illegal involuntary fundraising begins, and given the myriad of poten[al forms a fundraising campaign may take, it is impossible to give defini[ve guidance about any specific fundraising program. The following is a set of criteria that you can use to determine whether a proposed fundraising solicita[on is truly voluntary:
The solicita[on should not say or infer that the dona[on is a prerequisite to the student par[cipa[ng in the ac[vity: e.g., “Marching Band and Color Guard—Fall Semester $500 expenses include compe[[on entry fees, marching season transporta[on costs . . . .Not included are cost of shoes, gloves, berets, color guard uniforms, marching band uniform costs and overnight travel expenses for out-­‐of-­‐town performances.”
Avoid lis[ng a specified minimum dona[on amount or a deadline by which to make the dona[on: e.g. “Your $500 dona[on for the band program is due by the beginning of the first day of school.”
Dona[ons should not be refundable under any circumstances: e.g., “Although dona[ons are not refundable, if your child is unable to par[cipate in the band program your dona[on will be returned to you.”
There should be no discount if dona[ons are made before a specified deadline.
The solicita[on should not no[fy prospec[ve donees that follow-­‐up telephone calls will be made to their home if they do not donate.
Parents should not be asked to donate a laundry list of school-­‐required supplies for their child that the child should bring to school at the beginning of the school term. The district cannot take an out-­‐of-­‐sight-­‐out-­‐of-­‐mind approach to fundraising by its booster clubs and other fundraising organizaDons. The law governing the relaDonship between tax-­‐exempt fundraising groups and the public enDty for which they raise funds requires that the public enDty exercise oversight over the tax-­‐exempt fundraising enDty. (Internal Revenue Code secDon 509(a)(3)) This requirement imposes an obligaDon on both the district and its supporDng fundraising organizaDons to ensure that they do not violate the consDtuDonal guarantee of a free public educaDon. To ensure that parents and other members are informed that district-­‐related fundraising programs are completely voluntary, the district’s “Planning Guidelines for Co-­‐Curricular Ac[vi[es” requires that the following:
At the beginning of each school year, the principal shall review the disclaimer below, which must be prominently included, in not less than 11-­‐point font, in all solicitaDons to parents and students made S A N TA B A R B A R A U N I F I E D S C H O O L D I S T R I C T S C H O O L F E E G U I D E L I N E S 2 0 1 4 -­‐ 2 0 1 5
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by any school, parent, academy, booster organizaDon, support foundaDon, or other group seeking to raise money for any Santa Barbara Unified School District program, event, facility, or acDvity of any kind:
“Santa Barbara Unified School District (SBUSD) requires the following statement: California law and SBUSD board policies require that the donaDons used to fund school-­‐related acDviDes be truly voluntary. No student will be excluded from parDcipaDng in any school-­‐related acDviDes because the student or their parents has not made a donaDon. Any suggested donaDon amount is also voluntary. If you choose to make a donaDon, you can make it any amount you deem appropriate. No donaDons will be returned to you if your child decides or is unable to parDcipate in the program to which you donated.” As with dona[ons, school districts, schools, programs and classes can and do engage in fundraising ac[vi[es and programs, and this prac[ce is permissible as long as the raising of funds is voluntary. All fundraisers occurring at sites must be approved in wri[ng by the site administrator. A student who is asked to but does not raise funds may not be denied par[cipa[on in an educa[onal ac[vity. A requirement to raise funds in order to par[cipate even if there is no mandated amount to be raised is the same as reques[ng a fee. The prohibi[on on the requirement for an individual student to raise money is to be dis[nguished from a requirement to ahend a fundraising event as an element of par[cipa[on in an ac[vity, in the same way ahendance at prac[ces, games, rehearsals, or performances are an expected aspect of par[cipa[on. For example, members of an athle[c team can be expected to help out with a fundraising sale at Back-­‐to-­‐School Night as long as there is no requirement for the student to raise money as a condi[on of par[cipa[on in the ac[vity or program. S A N TA B A R B A R A U N I F I E D S C H O O L D I S T R I C T S C H O O L F E E G U I D E L I N E S 2 0 1 4 -­‐ 2 0 1 5
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Part 5
Sample Dona[on Dos and Don’ts
DOs
☺Two examples of a solicita[on lehers to parents/guardians:
EXAMPLE NO. 1
Dear (Program Name) Parent/Guardian:
(Program Name) is designed to enhance the quality and relevance of the high school experience and to be a founda[on for your student's next steps both in art and life. Our children are so fortunate to be part of a nurturing school community, a place to be crea[ve and learn skills to prepare them for life beyond high school. A great program doesn't run itself. Thankfully we receive much needed funding from the California State Department of Educa[on and matching funds from the Santa Barbara Unified School District. (Program Name) is also responsible for matching those funds. This means we are must to raise almost $$$ from families, friends, businesses, community and grants to fund our program budget.
California Dept of Educa[on = $$$
Santa Barbara Unified School District = $$$
Friends of (Program Name) = $$$
The 2013-­‐14 Annual Campaign covers program essen[als like field trips, team building events, art supplies, academic enrichment programs, professional ar[sts in the classroom, and so much more. All the things we love about this program are only possible when we reach out for support to the immediate (Program Name) families and out into our community. Yes, I will donate the amount of:
___ $$$
___ $$
___ $
___ Other $_______ (our goal is 100 percent par[cipa[on; please give what you can)
You can use the postage paid envelope and send a check to: _______________________. Or, you can visit the (Program Name) website and donate online.
Sincerely,
(name)
All dona[ons are tax deduc[ble. “Santa Barbara Unified School District (SBUSD) requires the following statement: California law and SBUSD S A N TA B A R B A R A U N I F I E D S C H O O L D I S T R I C T S C H O O L F E E G U I D E L I N E S 2 0 1 4 -­‐ 2 0 1 5
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board policies require that the donaDons used to fund school-­‐related acDviDes be truly voluntary. No student will be excluded from parDcipaDng in any school-­‐related acDviDes because the student or their parents has not made a donaDon. Any suggested donaDon amount is also voluntary. If you choose to make a donaDon, you can make it any amount you deem appropriate. No donaDons will be returned to you if your child decides or is unable to parDcipate in the program to which you donated.
_________________
EXAMPLE NO. 2 Dear Parent/Guardian:
We would like to enrich our children’s science educa[on by working together to raise $______ by so that all 35 students in our class can go on one-­‐day a trip to ____________in May. The cost of the field trip is outside the scope of our school’s budget so we hope that together we can make it happen.
As shown below, several fundraising projects will be scheduled from now un[l February, when we must finalize our reserva[on, and all students are expected to help out with our five planned fundraising projects. If we are unable to raise $______ so that all students can go on the trip, then the trip will be cancelled.
[insert info on the value of this par[cular learning experience and the schedule of fundraisers...]
Financial dona[ons are voluntary. Every dona[on makes a difference and we thank you for your support.
Sincerely,
John Doe
“Santa Barbara Unified School District (SBUSD) requires the following statement: California law and SBUSD board policies require that the donaDons used to fund school-­‐related acDviDes be truly voluntary. No student will be excluded from parDcipaDng in any school-­‐related acDviDes because the student or their parents has not made a donaDon. Any suggested donaDon amount is also voluntary. If you choose to make a donaDon, you can make it any amount you deem appropriate. No donaDons will be returned to you if your child decides or is unable to parDcipate in the program to which you donated.
_________________
DON’Ts
☹ “You are receiving this leher because we have not received a dona[on from your family...”
[A donaDon must be truly voluntary.]
___________________
☹ “The recommended dona[on levels for student support by course is listed in the following table.”
Course
Recommended DonaDon
Expenses
XXX
$500
Uniforms - Required
[Outreach le[er to parents must indicate that all donaDons are voluntary. AddiDonally, under EducaDon Code SecDon 38118, students may not be charged a fee for security deposits for locks, lockers, books, class apparatus, musical instruments, uniforms or other equipment.]
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___________________
☹ “...Those who respond to this leher will not be called during our phone-­‐a-­‐thon...”
[DonaDons must be truly voluntary, without coercion.]
___________________
☹ “Supply Needs of Each Student: 5 crayola markers, 1 Prang oil pastel set, 2 boxes of [ssues.”
[InstrucDonal materials must be furnished without charge to elementary and high school students. See page 3 for more informaDon about school supply lists.]
__________________
☹ “You must bring on the first day of prac[ce the following form filled out and signed: Athle[c Boosters Club Membership (with check ahached).”
[Membership in a school AthleDc Boosters Club is not mandatory in order for your child to parDcipate.]
___________________
☹ “As of October 1, if you are not a member of the boosters, your child will not be allowed to board the bus.”
[Membership fees in a student body or any student organizaDon as a condiDon for enrollment or parDcipaDon in athleDc or other curricular or extracurricular acDviDes sponsored by the school is not permi[ed.]
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