UINTAH SCHOOL DISTRICT POLICY ACTION REVIEW
004.0610 FUNDRAISING AND DONATIONS: SCHOOL SPONSORED
REVISES POLICY 004.0610 FUNDRAISING (LAST APPROVED 8/12/14) AND POLICY 004.0700 PUBLIC GIFTS TO THE SCHOOLS
1.0 SCOPE OF FUNDRAISING AND DONATIONS POLICIES
1.1 This policy applies to all District administrators, licensed educators, staff members, students, organizations, volunteers and individuals who initiate, authorize, or participate in fundraising events or activities for school-sponsored events; or receive, authorize, accept, value, or record donations, gifts, or sponsorships for the District or individual schools. It is expected that in all dealings, District and school employees will act ethically, consistent with the District’s ethics training, the Utah Educators’ Standards (R277-515), the Public Officers’ and Employees’ Ethics Act (Utah Code Ann. ' 67-16-1 et seq.), and State procurement law (Utah Code Ann. ' 63G-6a-101 et seq.).
2.1 “Public funds” for purposes of this policy are defined as money, funds, and accounts, regardless of the source from which the funds are derived, that are owned, held, or administered by the state or any of its political subdivisions, including Districts or other public bodies. Utah Code § 51-7-3(26) (2013).
2.2 “School-sponsored” for purposes of this policy means 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:
2.2.1 is managed or supervised by the District or public school, or District or public school employee;
2.2.2 uses the District’s or public school’s facilities, equipment, or other school resources not in conjunction with Uintah School District Policy 010.0020 Community Use of School Facilities;
2.2.3 is supported or subsidized, more than inconsequently, by public funds, including the public school’s activity funds or minimum school program dollars;
2.2.4 does not include non-curricular clubs specifically authorized and meeting all criteria of Utah Code 53A–11–1205 through 1208.
2.3 “District” for purposes of this policy means Uintah School District.
3.0 GENERAL POLICY
3.1 All funds, property, or goods donated or collected through fundraisers become public funds and the property of the District, and should be used for the purpose for which they were donated and in accordance with State and District policies. Donations, whether in-kind, cash, or otherwise, shall be complete transfers of ownership, rights, privileges, and/or title in or to the donated goods or services and become exclusive property of the District upon delivery. The District and individual schools are ultimately responsible for the expenditure and allocation of all monies collected and expended through student, school organized fundraising.
3.2 The District recognizes that fundraising efforts, donations, gifts, sponsorships, and public support vary among schools. The District is committed to appropriate distribution of unrestricted funds and the management of donations and gifts to ensure that the educational opportunities for all students are equal and fair.
3.3 The District is committed to principles of gender equity and compliance with Title IX guidance. The District commits to use all facilities, unrestricted donations and gifts, and other available funds in harmony with these principles. The District reserves the right to decline or restrict donations, gifts, and fundraising proceeds, including those that might result in gender inequity or a violation of Title IX. The benefits derived from donations and gifts should be equitable for all students, comply with Title IX, and be in harmony with Article X of the Utah Constitution.
3.4 The collection of money or assets associated with fundraisers for school-sponsored activities, donations, gifts or sponsorships will comply with the District cash receipting policies. The expenditure of any public funds associated with fundraisers for school-sponsored activities, donations, gifts, or sponsorships will comply with the District cash disbursement policies.
3.5 Fundraising is permitted within the District to allow the District and schools to raise additional funds to supplement school-sponsored academic and co-curricular programs.
3.6 The District and individual schools will comply with all applicable state and federal laws; the State procurement code (Utah Code 63G-6a); State Board of Education rules, including construction and improvements; IRS Publication 526 “Charitable Contributions”; and other applicable IRS regulations.
3.7 Fundraising activities should not be approved which involve high-pressure sales tactics, yield profits in excess of usual wholesale margins to suppliers of goods sold, would expose students and other participants in the fundraising activity to risk of personal injury, would expose the school or District to risk of financial loss if the fundraising activity is not successful, or would violate law or district policies.
3.8 District employees may not direct operating expenditures to outside funding sources to avoid District procurement rules (operating expenditures include equipment, uniforms, salaries or stipends, improvements or maintenance for facilities, etc.).
3.9 District employees must comply with District procurement policies and procedures, including complying with obtaining competitive quotes; avoiding bid splitting; and not accepting gifts, gratuities, or kickbacks from vendors or other interested parties.
3.10 Donations and gifts should be accounted for at an individual contribution level.
3.11 Donations, gifts, and sponsorships shall be directed to the District, District program(s), school, or school program(s). Donations, gifts, and sponsorships shall not be directed at specific District employees, individual students, vendors, or brand name goods or services.
3.12 Donated funds shall not compensate public employees, directly or indirectly.
3.13 If donations or gifts are offered in exchange for advertising or other services, an objective valuation will be performed and a charitable receipt will be issued by the business administrator.
3.14 Donations or gifts shall not be accepted that advertise or depict 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; or, in the opinion of the District, may cause a substantial disruption to the educational environment.
3.15 Donations, gifts, and sponsorships given by vendors to specific programs (e.g., drama, sports teams) or District employees shall be evaluated for compliance with Utah Code ' 63G-6a-2304.5. As required by state law, donations will only be accepted where there is no expectation or promise, expressed or implied, of remuneration or any undue influence or special consideration. District employees are not permitted to accept personal payment or gratuities in any form from a vendor or potential vendor as a precondition for purchase of any product or service.
3.16 Donations and gifts over $250 will be provided with an acknowledgment of the contribution from the District for IRS purposes. The acknowledgment will be in the form of a receipt issued by the business administrator. These receipts will be generated from the information provided on the “Donations, Gifts, and Sponsorships” form.
3.17 Gifts or donations with a value from $1 to $5,000 require school administrator approval. All gifts or donations greater than $5,000 require Business Administrator approval.
3.17.1 The Business Administrator shall provide a monthly report of donations greater than $5,000 to the Uintah School District Board of Education.
3.18 Gifts to specific school programs of equipment, such as computers and audio-visual equipment, must be approved in advance by the Business Office to assure that the District is not compelled by a gift to undertake expenses in support of the donated equipment or make other management decisions in order to use the gift, such as allocating space to donated equipment, that the District deems to be unwise.
3.19 Any activity as described in this policy will require appropriate documentation as demonstrated in Exhibit #1 and #2 to this policy.
3.20 On an annual basis, the business office will provide training to all coaches and other staff associated with activities described in this policy. Upon completion of the training all coaches and staff will be required to sign Athletics and Activities Annual Financial Acknowledgement (Exhibit #3) prior to engaging in activities described in this policy.
3.21 On an annual basis, the business office will review fundraising activities that support or subsidize school authorized activities to verify that activities are school sponsored. Annually, a summary of fundraising activities will be provided to the Board of Education.
3.22 Employees that approve, manage or oversee a fundraising activity who also have a financial or controlling interest or access to bank accounts in the fundraising organization or company must provide full disclosure prior to the fundraiser being approved.
4.0 FEES FOR SCHOOL-SPONSORED ACTIVITIES
4.1 Properly approved school-sponsored activities may:
4.1.1 use the school’s name, facilities, and equipment;
4.1.2 utilize District employees and other resources to supervise, promote, and otherwise staff the activity or fundraiser;
4.1.3 be insured under the District’s risk management policy or general liability insurance policy;
4.1.4 provide additional compensation or stipends for District employees with the approval of the principal or immediate supervisor and under District payroll policies.
4.2 All fees for school-sponsored activities must be properly noticed and approved by the local board of education and are subject to fee waiver provisions in R277–407. School-sponsored activities must comply with all fee approval and fee waiver provisions established in Utah Code and Utah State Board of Education rules. Districts may be responsible for providing student transportation for these activities.
4.3 Principals, consistent with District policy, have the responsibility to waive fees, if appropriate. Individual teachers, coaches, advisors, etc. do not have the authority to waive board-approved fees.
4.4 Annually, each individual school will review all planned camps, clinics, activities, and fundraisers and determine those designated as school-sponsored. Those not designated as school-sponsored will follow the non-school-sponsored criteria contained in policy 004.0611 Fundraising and Donations: Private and Non-School-Sponsored Activities and Fundraising.
5.0 AUTHORIZATION AND SUPERVISION OF FUNDRAISING
5.1 Authorization and supervision of fundraising for school-sponsored activities.
5.1.1 Fundraising shall be approved in writing, prior to the activity, by the superintendent and supervised by District employee(s) designated by the school administrator. The school administrator shall ensure that the activity is appropriately classified as a school- or District-sponsored activity.
5.1.2 Fundraisers shall be approved in writing, prior to the activity or any ordering for the activity, by the superintendent and supervised by a member of the faculty or other District employee designated by the school administrator. The school administrator shall ensure that the activity has been appropriately classified as a school-sponsored activity.
5.1.3 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.
6.0 CAPITAL FUNDRAISING AND LARGE DONATIONS
6.1 All fundraising projects, donations, or gifts 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 District’s board. Prior to the initiation of a large capital drive or specific fundraising drive, the following will be provided to the business administrator for evaluation and recommendation to the superintendent:
6.1.1 prospective construction, maintenance or renovation plans and estimated costs;
6.1.2 proposed naming opportunities;
6.1.3 proposed fundraising timeline;
6.1.4 loans or financing agreements;
6.1.5 maintenance or upkeep requirements and costs;
6.1.6 assurances of compliance with Title IX (e.g., available for use by both male and female students and/or for several purposes or activities)
6.2 The superintendent will make a recommendation to the District’s board. The board reserves the right to tentatively approve plans, pending fundraising, donations, equity, or other conditions.
6.3 All physical facilities are owned and operated by the District. No part of any school facility or capital equipment may be named for a donor without the approval of the board.
6.4 The District shall only grant naming opportunities that are consistent with the mission and educational objectives of the District. Decisions regarding naming opportunities are within the sole discretion of the board.
7.1 To avoid disruption of students’ instructional activities, schools shall not be used for distribution of partisan, religious, or commercial advertisements, fliers, bulletins, newspapers, etc.; nor shall such items be placed on vehicles parked on school grounds.
7.2 School Administrators may permit the school distribution of fliers, bulletins, newspapers, etc. with information regarding nonprofit community youth programs such as Boy Scouts of America, Girl Scouts of America, School Support Organizations (SSOs), county and municipal programs, and little league-type recreation programs.
7.3 Students and employees of the District, including teachers and administrators, shall not act as agents for commercial agents during school hours or contract time.
7.4 A District employee’s participation in a private, but education-related, activity must be separate and distinguishable from the employee’s public employment. District employees may purchase advertising space to promote private or non-school-sponsored events in the same manner as the general public. The District employee’s employment and experience can be used to demonstrate qualifications. The advertisement must clearly state that the activity is not school sponsored. See R277-107 for specific direction.
8.0 TYPES OF DONATIONS, GIFTS, AND SPONSORSHIPS
8.1 Monetary Donations
8.1.1 Monetary donations are welcomed and may be accepted from private individuals, companies, organizations, clubs, foundations, and other appropriate entities. All monetary donations will be received in compliance with the District’s cash receipting policies. Monetary donations may be used to fund or enhance programs, facilities, equipment, supplies, services, etc.
8.1.2 Monetary donations may not be used to hire regular classroom teachers, thereby altering the staffing ratios. However, classroom assistants, coaching assistants, or specialists of any kind, including individuals who may hold educator licenses, may be hired using the funds received. Donations to fund such positions shall be made to a program, school, division, or department—not directly to individuals—and employment will be processed through the District’s Human Resources Department and Business Office. The District or school administration reserves the right to decline or restrict these types of donations if they create inequitable environments in the school or inequities that violate Title IX or other laws, are not economically in the best interest of the District, interfere with educational goals, or for any other reason determined by the District or school.
8.1.3 Monetary donations shall not be used to augment an employee’s remuneration beyond the remuneration associated with the salary schedule of the employee’s position.
8.2.1 The District or individual schools may accept donated products which carry the donor company’s name, trademark, logo, or limited advertising on the product (e.g., cups, T-shirts, hats, instructional materials, furniture, office equipment, etc.). These items shall be valued at fair market value at the time of the contribution. If advertising or other services are offered in exchange for the donation or gift, this may alter the contribution amount.
8.3 Equipment, Supplies, or Goods
8.3.1 The District or individual schools may accept donated equipment, supplies, or goods for use in the District or individual schools or school programs. These items shall be valued at the fair market value at the time of the contribution. If advertising or other services are offered in exchange for the donation or gift, this may alter the valuation amount.
8.4 Donor and Business Partner Recognition
8.4.1 Donor and business partner recognitions may be placed on equipment, furniture, and other donated gifts that are not considered capital or fixed assets. Non-permanent recognitions may be placed on District buildings or structures with written approval from the superintendent. The board may grant approval for the naming of buildings, structures, rooms, or other district facilities. School administrators may authorize banners, flyers, posters, signs, or other notices recognizing a donor or school business partner. Such materials shall feature the school-business partnership and not promote or endorse the business named.
9.0 APPROVAL AND ACCEPTANCE OF DONATIONS, GIFTS, AND SPONSORSHIPS
9.1 Donations, gifts, and sponsorships valued greater than $250 must be documented on the District “Donation, Contribution, or Sponsorship” form (Exhibit #4). This form must be completed prior to the acceptance of money or goods, and must be retained in the District or school accounting records. A copy of the completed form will be sent to the business administrator, and a receipt for charitable contribution purposes will be issued to the donor.
9.2 Money, goods, supplies, or in-kind donations, gifts, or sponsorships valued $250 or greater must be documented on the District “Donation, Contribution, or Sponsorship” form and be approved by the superintendent and the business administrator prior to acceptance.
10.0 GENERAL FUNDRAISING STANDARDS
10.1 The District reserves the right to prohibit, restrict or limit any fundraising activities associated with the District or individual schools. Faculty and student participation in fundraisers is typically voluntary. However, employees may be directed to supervise specific activities as an employment assignment. 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.
10.2 Participation in fundraising shall not affect a student’s grade. Students shall not be required to participate in fundraising activities as a condition of belonging to a team, club or group, nor shall a student’s fundraising effort affect his/her participation time or standing on any team, club or group, except as to fee waiver requirements.
10.3 Competitive enticements for participation in fundraisers are discouraged. If prizes or rewards are offered by a selected fundraising vendor, they should only be awarded to groups, classes or students, and must be disclosed and approved prior to the fundraiser. Rewards, prizes, commissions, or other direct or indirect compensation shall not be received by any teacher, activity, club or group director, or any other District employee or volunteer.
10.4 Schools may 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.
10.5 Door-to-door sales are prohibited for all students in elementary schools. Secondary school students may participate in door-to-door fundraising. Suitable procedures must be used by the schools, administrators and supervising faculty to safeguard students and funds collected. Procedures must be clearly communicated to parents.
10.6 Approval may be denied for fundraising activities that would expose the school or District to risk of financial loss or liability if the activity is not successful.
10.7 Fundraising activities shall be age appropriate, and shall maintain the highest standards of ethical responsibility and integrity.
10.8 Fundraising revenues should be accounted for at an individual contribution level or participation level. Participation logs should be retained and turned into the accounting office to be included with the deposit detail.
10.9 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.
10.10 Records of all fundraising efforts shall be open to the parents, students and donors, including accurate reporting on participation levels and financial outcomes. This policy does not require the release of students’ personally identifiable information protected by FERPA.
10.11 The District’s tax exempt status number should only be used in conformity with the Utah State Tax Commission’s guidelines.
11.0 This policy will be reviewed by administration at least every 5 years.
Financial Summary for Fundraising Including Camps & Clinics
School: __________________________ If camp/clinic for which group: _______________
Dates of fundraiser/camp/clinic_________________________________ Fee if any___________
Time schedule for fundraiser/camp/clinic: _______________
Total hours of fundraiser/camp/clinic _______
District Employee in charge: ______________________________________
Total revenue (1) $__________
Total paid in wages & benefits (district employees) __________
Total paid in wages (non-district employees) __________
Materials & supplies __________
Total Cost $__________
Excess revenue $__________
Which school program will receive extra funds? _________________________
*The financial/school secretary must receipt all money collected.
Signature of District employee in charge Date
Signature of principal or assistant principal Date
Off-Campus District-Sponsored Activity
The purpose of this document is to provide full disclosure of student fees to the parents of the students attending off campus camp or activities. For school sponsored event outside of the usual duties and responsibilities of the coach/advisor, salaries related to student supervision are calculated on an hourly basis. Each student must return this signed document to participate in the activity.
School: Camp/clinic for (group)
Location of Camp Dates of camp/clinic: __________
Time schedule for camp/clinic: __________________ Total hours of camp/clinic __________
District Employee in charge: ______________________________________________________
*Financial Secretary must receipt all money collected.
Camp fee $
Camp registration $
Room and Board $
**Staff and positions of employees receiving salaries from the above supervision costs are listed below:
Head Coach, Assistant Coach, Staff
Total Cost of camp $
**When completing this form, coaches/advisors must customize the staff list to account for all who will be supervising.
Name of Student Participant
I acknowledge I have received and read this financial disclosure statement regarding the fees associated with this camp.
Parent Signature ____________________________________________ Date
(Schools must retain this document, with other camp documentation for three years)
Any employee that does not have financial responsibilities as their primary duty must review and sign this form annually as they evaluate the previous year/season and plan for the upcoming year/season. Signed forms should be sent to and retained indefinitely in the employee’s personnel file.
1. All funds must be deposited through the main office into the school bank account within three days of receipt. An employee may not open an outside bank account to deposit public funds. Public funds cannot be co-mingled with non-public funds.
2. It is preferred the financial office collects money from parents or students. Students should be asked to bring their office receipt to show proof of payment. Fundraisers, ticket sales, etc. must be coordinated with the school office. Principals may approve other employees in the school to collect funds as long as receipting procedures are followed.
3. All expenses must be recorded by the school office. It is not appropriate to use cash proceeds from the sale of items to buy things for the team, club, or school. Outside groups should not purchase items using public funds to circumvent using the school purchasing procedures.
4. The coach or advisor is responsible for ensuring students have paid the applicable fees prior to participation. Fee waiver students must obtain a receipt from the office before they are considered "paid."
5. Booster clubs, PTAs, PTOs, etc., are expected to comply with District policies and procedures.
6. Purchases, including travel, require the following quotes. Dollar limits are per item and in aggregate. Purchases my not be divided into multiple orders in order to come in below the dollar limits. Utah law states that splitting orders may result in criminal penalties.
• Purchases greater then $1,000 requires a purchase order; Purchases of $1,000 per item or $3,000 aggregate or more – purchaser is encouraged to seek the best possible price as per Policy 004.0200 (9.1.1); Purchases of $1,001 - $5,000 single item or $3,001 - $15,000 aggregate – no fewer than two quotes are required. If items are available locally (within 60 mile radius) at least one quote must be from a local vendor.
7. Student travel must comply with policies 007.0505, 007.0605, and 007.0615.
8. The district tax exemption number may only be used for district purchases. The tax exemption number cannot be used by other entities or for personal use. The District Federal Tax ID number may not be used without permission from the business administrator.
9. Anytime school facilities are used for non-school sponsored events (i.e. club team practices, private lessons, tournaments, leagues, etc.) use of the facilities must comply with Uintah School District Community Use of School Facilities Policy (010.0020). All camps and clinics held at Uintah School District facilities are to be scheduled as per the community use policy. Building keys do not authorize access to school facilities at any time for any purpose.
10. Required fees charged to students must be approved by the Board. Any fee not approved by the Board must be communicated to parents as "optional." Parents shall know in advance of all costs associated with any activity (before taking into account fund raising).
11. Fundraisers must be pre-approved in writing per policy. Fundraised revenues may be used to offset or reduce student fees only if the coach/advisor has clearly documented how the revenues were fairly applied to all participating students.
12. It is unlawful to accept gifts, food, clothing or payment from a vendor or potential vendor in excess of $10 at any one time or $50 during a calendar year (Utah Code 63G-6a-2303).
13. Faculty and staff, including the signee of this document, may not solicit students or parents to purchase equipment, supplies or services or to participate in activities from which the employee personally benefits.
14. The District Business Administrator is the only person authorized to sign contracts on behalf of the school or District.
15. Employees must submit a plan to the administrator outlining all proposed school sponsored or non-school sponsored activities for the upcoming season including camps or clinics, summer programs or other off season activities.
16. I have been trained, read and understand all policies and procedures related to all items addressed in this document.
I acknowledge I have read the above summary of rules; I agree to abide by them as a condition of my employment with Uintah School District. If I have questions, I will contact my principal and/or appropriate District department. I understand I will not receive compensation for any school sponsored events unless this document is signed and on file.
____________________________________________________ __________ ________________________________
Employee Signature Date Printed Name
Donation, Contribution, or Sponsorship Form
This form must be completed, signed, and turned in for all such occurrences greater than $250.
To be filled out by donor, contributor, or sponsor:
1. Date of donation: ___________________________________ (Must be prior to donation or initiation of construction.)
2. I am making this donation as (select one and fill in the legal name):
3. Type of donation:
4. Detailed description of what is being donated: _______________________________________________________________ ______________________________________________________________________________________________________
5. Program, school, department, class, or activity, if any, to which you restrict use of your donation. Restricted funds will be used only for the named restriction: (Donations may not be restricted to use for an individual employee.)
6. Representation: (Mark and sign appropriate one.)
I hereby certify that I hold legal title to the funds/property being donated, that I am authorized to make such donation, and hereby transfer full title of the funds/property being donated to the Uintah School District.
I hereby certify that I willingly donate my time and that I will not be compensated for my donated time by any source and that if I am given significant unsupervised access to a student in connection with my volunteer assignment, I must also obtain a volunteer form from the principal and complete it and submit it to Human Resources and be finger-printed.
To be filled out by district/school recipient:
Authorizer per District’s donation policy: Received by District’s foundation/business administrator:
Signature: Date: Signature: Date:
Tax receipt number: ________________________________________________
Distribution Original to Accounting Copy to Donor Copy for School/Department