LOGAN CITY SCHOOL DISTRICT
POLICIES AND PROCEDURES

TitleFundraisingNumber271
Section200 FinancialApproval DateFebruary 25, 2014
Subsection270 Community SupportEffective DateFebruary 26, 2014


1. PURPOSE:
1.1 This policy establishes processes intended to adequately safeguard public funds, provide for accountability, and ensure compliance with state and federal laws governing the initiation, authorization, and review of all fundraising activities of the District and of individual schools.
1.2 The District encourages community and business partnerships that enhance and supplement public education while protecting students, parents, teachers, and administrators from fundraising efforts that are coercive and disruptive to education processes, threatening to the health and welfare of students, and lacking in educational merit.
2. REFERENCES
2.1 Federal ISEA Title IX
2.2 Utah Constitution, Article X-Education
2.2 Utah Code Ann. §51-7-3[26]
2.3 Utah Code Ann. §53A-11-1205-208 School Clubs
2.4 Utah Code Ann. §53A-1-402.5 Employee Ethical Conduct
2.5 USBE Board R277-407 School Fees
2.6 USBE Board R277-107, Educational services outside of an educator's regular employment
3. DEFINITIONS
3.1 Public Funds: money, funds, and accounts, regardless of source from which the funds are derived, that are owned, held, or administered by the state or any of its political subdivisions, including school districts or other public bodies.
3.2 School-Sponsored Academic Programs: activities, fundraising events, clubs, camps, clinics, programs, sports, etc., or events, or activities that are authorized by the District or individual school(s) that support the District or authorized curricular school clubs, activities, sports, classes or programs that also satisfy one or more of the following criteria. The activity:
3.2.A Is managed or supervised by a district employee.
3.2.B Uses district or school facilities, equipment, or other resources.
3.2.C Is supported or subsidized, more than inconsequently, by public funds, including school activity funds or minimum school program dollars.
3.3 Non-School-Sponsored Activities and Fundraisers: activities, clubs, groups and their associated fundraisers or other activities that are not school-sponsored or groups, clubs, sports, and programs that are not managed by district employees.
3.3.A Non-curricular clubs specifically authorized under Utah Code 53-A-11-1205 through 1208 are not considered school-sponsored.
4. POLICY
4.1 The District allows fundraising by the Logan Schools Foundation and district schools to raise additional funds to supplement school-sponsored academic and co-curricular programs.
4.2 The District reserves the right to decline or restrict donations, gifts, and fundraising proceeds.
4.3 The District requires fundraising opportunities to be equitable for all students, comply with Title IX, and be in harmony with Article X of the Utah Constitution.
4.3.A The District recognizes that fundraising efforts, donations, and public support vary among schools and is committed to appropriate distribution of unrestricted funds and the management of fundraising to ensure that the educational opportunities of all students are equal and fair.
4.3.B The District is committed to principles of gender equity and compliance with Title IX guidance and commits to use all facilities, unrestricted gifts, and other available funds in harmony with these principles.
4.4 All district and school fundraising efforts will follow district financial policies, Utah State Law, and Utah State Board of Education rules including fee waivers, employee disclosures, capital projects, and school-sponsored activity determination.
4.5 District employees or volunteers shall not receive any direct or indirect compensations, prizes, rewards, or commissions, as a result of school sponsored fundraising activities.
5. PROCEDURES
5.1 School-Sponsored Activities
5.1.A All schools, departments, or programs will review all planned camps, clinics, activities, and fundraisers and designate each as school-sponsored or non-school-sponsored as designated by Utah State Board of Education Rule.
5.1.B All monies raised through student and school organized fundraisers for activities designated schoolsponsored, shall be:
5.1.B.1 Considered public funds.
5.1.B.2 The responsibility of the District and individual schools for their expenditure and allocation.
5.1.B.3 Required to comply with:
5.1.B.3.a District cash receipting and disbursement policies.
5.1.B.3.b Utah Code and Utah State Board of Education rules regarding all fee waiver approvals and granting of fee waivers.
5.1.C. School-Sponsored Activities May:
5.1.C.1 Use the school's name, facilities, and equipment.
5.1.C.2 Utilize district employees and other resources to supervise, promote, and otherwise staff the activity or fundraiser.
5.1.C.3 Be insured under the district's risk management policy, pending approval by the district risk manager.
5.1.C.4. Provide additional compensation or stipends for district employees with the approval of the school administrator or immediate supervisor and under district payroll policies.
5.1C.5 Use district transportation, pending approval.
5.2 General Fundraising Standards
5.2.A The District reserves the rights to prohibit, restrict, or limit any fundraising activities associated with the District or any of its schools.
5.2.A.1 Approval will be denied for fundraising activities that expose the school or the District to risk of financial loss or liability if the activity is not successful.
5.2.B Fundraising activities shall be age appropriate and shall maintain the highest standards of ethical responsibility and integrity.
5.2.C Faculty and student participation in fundraisers is typically voluntary, however:
5.2.C.1 Employees may be directed to supervise specific activities as an employment assignment.
5.2.C.2 Students, including fee waiver eligible students, may be required to participate fully in school, team, or group-wide fundraisers in order to benefit from fundraisers.
5.2.D Participation in fundraising shall not affect a student's grade; be a condition of belonging to a team, club, or group; nor affect his/her participation time or standing on any team, club, or group, except as to fee waiver requirements.
5.2.E Competitive enticements for participation in fundraisers are discouraged.
5.2.E.1 Prizes or rewards offered by a selected fundraising vendor, should only be awarded to groups, classes, or students, and must be disclosed and approved prior to the fundraiser.
5.2.E.2 Direct or indirect compensations, prizes, rewards, or commissions, shall not be received by any district employee or volunteer involved with student fundraising.
5.2.E.3 Schools shall not impose a sales quota, or the like, as part of fundraising efforts, and students or parents shall not be required to pay for any unsold items, or pay for goals not met.
5.2.F. Suitable procedures must be used to safeguard students and must be clearly communicated to parents.
5.2.F.1 Elementary and middle school students are prohibited from contacting strangers for sales.
5.2.F.2 High school students may participate in one door-to-door campaign per sport, club, or group per year.
5.2.F.2.a Exceptions to this rule, such as multiple fundraisers for major travel, must be approved by the Superintendent.
5.2.G Fundraising revenues must follow district financial policies and procedures including:
5.2.G.1 Turning all funds into the school office for bank deposit.
5.2.G.2 Accounting for funds at an individual level or participation level and including that information on the deposit detail.
5.2.H Employees who approve, manage, or oversee fundraising activities are required to disclose if they have a financial or controlling interest or access to bank accounts in a fundraising organization or company.
5.2.I Records of all fundraising efforts shall be open to parents, students, and donors, including accurate reporting on participation levels and financial outcomes.
5.2.I.1 This procedure does not require the release of students' personally identifiable information protected by FERPA.
5.3 Authorization and Supervision for School-Sponsored Activities
5.3.A All school fundraising must receive the appropriate approvals in writing, prior to the activity, and be supervised by a member of the faculty or a district employee designated by the building administrator.
5.3.A.1 Fundraisers or activities expected to earn $10,000 or less, must be approved by the building administrator.
5.3.A.2 Fundraisers or activities expected to earn more than $10,000 and up to $50,000 must be approved by the building administrator, and the Superintendent.
5.3.A.3 Fundraisers or activities expected to earn more than $50,000 must be approved by the building administrator, the Superintendent, and the Board of Education.
5.3.A.4 Approvers shall ensure that the activity is appropriately classified as a school-sponsored activity.
5.3.B Fundraising by the Logan Schools Foundation or on the district level shall be approved in writing, prior to the activity by the Superintendent or designee and supervised by the district employee(s) designated by the approver.
5.3.B.1 Fundraising or activities by the Logan Schools Foundation or on a district level expected to earn over $50,000 shall be approved by the Board of Education.
5.3.B.2 Approver(s) shall ensure that the activity is appropriately classified as a school-sponsored or district-sponsored activity.
5.3.C Donations from individuals or organizations will follow the district's gift and donation policy.
5.3.D The sale of banners, advertising, signs, or other promotional material that will be displayed on school property must be approved by the building administrator before the items are initiated or printed, and must meet community standards.
5.3.D.1 Partisan or political advertising and advertising for products that are prohibited by law for sale or use by minors, such as alcohol, tobacco, or other substances that are known to endanger the health and well-being of students are prohibited.
5.3.E All fundraising projects for construction, maintenance, facilities renovation or improvement, and other capital equipment purchases must be approved in writing by the Business Administrator, the Superintendent, and the Board of Education.
5.4 Capital Fundraising/Large Fundraising Projects
5.4.A All fundraising projects for construction, maintenance, facilities renovation or improvement, and other capital equipment purchases must approved in writing by the Business Administrator, the Superintendent, and the Board of Education.
5.4.B Prior to the initiation of a large capital drive or large fundraising drive, the following will be provided to the Business Administrator for evaluation and recommendation to the Superintendent:
5.4.B.1 Prospective construction, maintenance, or renovation plans, and estimated costs.
5.4.B.2 Proposed naming opportunities.
5.5 Non-School Sponsored Activities and Fundraisers
5.5.A May Not:
5.5.A.1 Use a school's name or the district's name without express district permission.
5.5.A.2 Use district facilities, equipment, and other assets or staff unless a facilities use agreement is initiated and approved.
5.5.A.3 Utilize district employees (in their official capacity) and other resources to supervise, promote, and otherwise staff the activity or fundraiser.
5.5.A.4 Receive insurance coverage under the district's risk management policy.
5.5.A.4.a Non-school-sponsored activities must provide their own insurance through a third-party insurer.
5.5.A.5 Provide additional compensation or stipends for district employees if the activity is not substantially different from a district employee's regular job functions and duties are outside of the employee's contract hours.
5.5.A.6 Co-mingle public funds and private fundraising proceeds or expenditures.
5.5.A.7 Use school records to contact parents or students.
5.5.B Parental notification by a district employee is required if district employees are involved in the planning, administration, advertising, or serving as staff for a non-school-sponsored activity and district students are involved.
5.5.B.1 Notification shall occur using the "Non-School-Sponsored Parent Notification" form.
5.5.B.2 A copy of this form shall be submitted to the building administrator by the district employee prior to the event.
5.5.C Funds, donations, or gifts generated through non-school-sponsored activities may be donated to the District or to an individual school to support specific programs, teams, groups, clubs, etc., following the procedures established in the district's donations and gifts policy.
5.5.D Supporters of non-school-sponsored activities may work in conjunction with the District or an individual school to raise funds.
5.5.D.1 The District may allow these groups to use district facilities at little or no charge in exchange for contributions or percentages of proceeds.
5.5.D.2 The District may choose to provide some level of support or pay for portions of these activities, with arrangements set forth in a written agreement or contract and with all transactions conducted as "arms'-length transactions."
5.5.D.2.a Agreements shall take into consideration the district's fiduciary responsibility for the management and use of public funds and assets, and must be approved by the building administrator, the facilities use agreement approver, and the Business Administrator.
5.5.D.2.b The District will consult with its insurer or legal counsel to ensure risks are adequately considered and managed before entering into such an agreement.
5.6 Employee Relationships and Disclosure
5.6.A Participation in Private or Non-School-Sponsored Events.
5.6.A.1 District employees:
5.6.A.1.a May participate in a private but public education-related activity, such as LDS seminary graduation and firesides, extracurricular travel, etc.
5.6.A.1.b Must ensure that personal participation in activities is separate and distinguishable from the employee's public employment, official job title, or job duties.
5.6.A.1.c May not contact students in the District using education records or information obtained through public employment unless the records or information are available to the general public.
5.6.A.1.d May not use school time to discuss, promote, or prepare for a private or non-school-sponsored activity.
5.6.A.1.e May offer public education-related services, programs, or activities to students, provided they are not advertised or promoted during school time or using any type or amount of school resources.
5.6.A.1.f May use school or student publications available to the general public to advertise and promote the private or non-school-sponsored activity.
5.6.A.1.g May not require private or non-school-sponsored activities for credit or participation in school programs.
5.6.A.1.h Must satisfy all requirements of Utah Code 53A-1-402.5, regarding ethical conduct standards, and R277-107, regarding educational services outside of the educator's regular employment.
5.6.B District employees may purchase advertising space to promote private or non-school-sponsored events in the same manner as the general public.
5.6.B.1 The employee's employment and experience can be used to demonstrate qualifications.
5.6.B.2 The advertisement must specifically state that the activity is not school-sponsored.
5.6.C District employees may engage in outside employment with a private entity or other separate organizations that does not interfere with district duties or job functions.
5.6.C.1 Employees must complete the district disclosure agreement annually when engaging in outside employment that is similar to the employee's official job duties or functions.
5.6.C.2 Parental notification is required if district students are recruited to participate in these activities.
5.6.D District employees may not set up bank accounts for activities or fundraisers associated with district or school responsibilities or job functions.
5.6.E District employees may not direct fees or fundraiser proceeds from school-sponsored activities to outside entities.
5.6.F District employees may not direct operating expenditures to outside funding sources or groups to avoid district procurement rules (such as equipment, uniforms, salaries or stipends, improvements, maintenance for facilities, etc.).
5.6.G District employees must comply with all district procurement policies and procedures, including complying with competitive quotes; bid splitting; and not accepting gifts, gratuities, or kickbacks from vendors or other interested parties.