Section 1.12 Fundraising

Policy Statement:

Fundraising

The purpose of this policy is to establish American Preparatory Academy (APA) policy and procedures governing the initiation, authorization, and review of all fundraising activities of APA and individual schools. This policy is intended to create practices that adequately safeguard public funds, provide for accountability, and ensure compliance with state and federal laws. APA encourages community and business partnerships that enhance and supplement the public education system. APA also desires to protect students, parents, teachers, and school administrators from over-commercialization and fundraising efforts that are coercive and disruptive to the education processes, threatening to the health and welfare of students, or lacking in educational merit. This policy applies to all APA administrators, licensed educators, staff members, students, organizations, volunteers and individuals who initiate, authorize, or participate in fundraising events or activities for school-sponsored events. It is expected that in all dealings, APA and school employees should act ethically and consistent with APA's ethics training, the Utah Educators Standards, the Public Officers' andEmployees' Ethics Act, and State procurement law.

1. "Public funds" are 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 APA or other public bodies (Utah Code 51-7-3[26]). 
2. Fundraising is permitted within APA to allow APA and schools to raise additional funds to supplement school-sponsored academic and co-curricular programs. 
3. "School-sponsored" means activities, fundraising events, clubs, camps, clinics, programs, sports, etc., or events, or activities that are authorized by APA or individual school(s) that support APA or authorized curricular school clubs, activities, sports, classes or programs that also satisfy one or more of the following criteria. The activity:
   1. Is managed or supervised by an APA or public school, or APA or public school employee.
   2. Uses APA or public school's facilities, equipment, or other school resources.
   3. Is supported or subsidized, more than inconsequently, by public funds, including the public school's activity funds or minimum school program dollars.
   4. Does not include non-curricular clubs specifically authorized and meeting all criteria of Utah Code 53A-11-1205 through 1208. 
4. APA recognizes that fundraising efforts, donations, and public support vary among schools. APA 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. 
5. APA is committed to principles of gender equity and compliance with Title IX guidance. APA commits to use all facilities, unrestricted gifts and other available funds in harmony with these principles. APA 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. Fundraising opportunities should be equitable for all students, comply with Title IX, and be in harmony with Article X of the Utah Constitution. 
6. All fees for school-sponsored activities should be properly noticed and approved by the local board of education and are subject to fee waiver provisions in R277-407. 
7. Principals, consistent with APA policy, have the responsibility to waive fees, if appropriate. Individual teachers, coaches, advisors, etc. do not have the authority to waive board-approved fees.
8. Annually, each APA division, department, or program and individual school should review all planned camps, clinics, activities, and fundraisers and determine those designated as school-sponsored. 
9. All monies raised through fundraisers for school-sponsored activities are considered public funds. APA and individual schools are ultimately responsible for the expenditure and allocation of all monies collected and expended through student, school organized fundraising. 
10. The collection of money associated with fundraisers for school-sponsored activities should comply with APA cash receipting policies. 
11. The expenditure of any public funds associated with fundraisers for school-sponsored activities should comply with APA cash disbursement policies. 
12. Properly approved school-sponsored activities may:
    1. Use the school's name, facilities, and equipment.
    2. Utilize APA employees and other resources to supervise, promote, and otherwise staff the activity or fundraiser.
    3. Be insured under APA's risk management policy (pending approval by APA risk manager) or general liability insurance policy.
    4. Provide additional compensation or stipends for APA employees with the approval of the principal or immediate supervisor and under APA payroll policies. 
13. School-sponsored activities should comply with all fee approval and fee waiver provisions established in Utah Code and Utah State Board of Education rules. APA may be responsible for providing student transportation for these activities. 
14. Authorization and supervision of fundraising for school-sponsored activities:
    1. Fundraising at APA level should be approved in writing, prior to the activity, by the superintendent or applicable assistant superintendent/director and supervised by APA employee(s) designated by the approver. The approver should ensure that the activity is appropriately classified as a school- or APA-sponsored activity.
    2. Fundraising at individual schools should be approved in writing, prior to the activity, by the principal and supervised by a member of the faculty or other APA employee designated by the principal. The approver should ensure that the activity has been appropriately classified as a school-sponsored activity. Principals may approve fundraisers or activities where the expectation is to earn up to $10,000. Fundraisers expected to earn more than $10,000 and up to $50,000 should be approved in writing by the director. Fundraisers expected to earn more than $50,000 should be approved by APA's board.
    3. Donations from individuals or organizations should follow APA's gift and donation policy.
    4. All foods sold during school, including those served for fundraising, must follow the Sale of Food and Beverages Policy (see I-1.7 Food Served and Consumed at School, section II.
    5. The sale of banners, advertising, signs, or other promotional material that should be displayed on school property should be approved by the principal before the items are initiated or printed, and should meet community standards. 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. All fundraising projects for construction, maintenance, facilities renovation or improvement and other capital equipment purchases should be approved in writing by the business administrator, the superintendent, and APA board. (See capital fundraising section below.)
15. APA reserves the right to prohibit, restrict or limit any fundraising activities associated with APA or individual schools. 
16. 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. 
17. Participation in fundraising should not affect a student's grade. Students should not be required to participate in fundraising activities as a condition of belonging to a team, club or group, nor should a student's fundraising effort affect his/her participation time or standing on any team, club or group, except as to fee waiver requirements. 
18. 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 should be disclosed and approved prior to the fundraiser. Rewards, prizes, commissions, or other direct or indirect compensation should not be received by any teacher, activity, club or group director, or any other APA employee or volunteer. 
19. Schools may not impose a sales quota (or the like) as part of fundraising efforts, and students or parents should not be required to pay for any unsold items, or pay for goals not met. 
20. Door-to-door sales are prohibited for all students in elementary and middle schools. High school students may participate in door-to-door campaign per sport, club, or group. Suitable procedures should be used by the schools, administrators and supervising faculty to safeguard students and funds collected. Procedures should be clearly communicated to parents. 
21. Approval may be denied for fundraising activities that would expose the school or APA to risk of financial loss or liability if the activity is not successful. 
22. Fundraising activities should be age appropriate, and should maintain the highest standards of ethical responsibility and integrity. 
23. 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. 
24. 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. 
25. Records of all fundraising efforts should 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.
26. 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 APA employees are deemed to be non-school-sponsored. Non-school-sponsored activities may:
    1. NOT use the school's or APA's name without express APA permission.
    2. NOT use APA's facilities, equipment, and other assets or staff unless a facilities use agreement is initiated and approved. These agreements should follow APA policy for other facilities use agreements.
    3. NOT utilize APA employees (in their official capacity) and other resources to supervise, promote, and otherwise staff the activity or fundraiser.
    4. NOT be insured under an APA's risk management or insurance policy. Non-school sponsored activities should provide their own insurance through a third-party insurer.
    5. NOT provide additional compensation or stipends for APA employees, if the activity is not substantially different from an APA employee's regular job functions and duties and outside of employee's contract hours. (See APA employee disclosure agreement below.)
    6. Not co-mingle public funds and private fundraising proceeds or expenditures.
    7. Not use school records to contact parents or students. 
27. Parental notification by an APA employee is required if APA employees are involved in the planning, administration, advertising, or serving as staff for a non-school-sponsored activity and if APA students are involved. This notification should occur using the "Non-School-Sponsored Parent Notification" form. A copy of this form should be submitted to the principal by APA employee prior to the event. 
28. Funds, donations, or gifts generated through non-school-sponsored activities or events may be donated to APA or to an individual school to support specific programs, teams, groups, clubs, etc. All donations or gifts should follow the guidance established in APA's donations and gifts policy. 
29. Non-school-sponsored activities may work in conjunction with APA or an individual school to raise funds. APA may allow these groups to use APA facilities at little or no charge in exchange for contributions or percentages of proceeds. APA may choose to provide some level of support or pay for portions of these activities. These arrangements should be set forth in a written agreement or contract, and all transactions should be conducted as "arm's-length transactions." These agreements should take into consideration APA's fiduciary responsibility for the management and use of public funds and assets. The terms of these contracts should be approved by the principal, the facilities use agreement approver, and the business administrator. APA should consult with its insurer or legal counsel to ensure risks are adequately considered and managed. 
30. Non-curricular clubs specifically authorized under Utah Code 53A-11-1205 through 1208 are not considered school-sponsored.
31. Participation in Private or Non-School-Sponsored Events
    1. APA employees:
       1. May participate in a private but public education-related activity, such as LDS seminary graduation and firesides, extracurricular travel, etc.
       2. Should ensure that personal participation in activities is separate and distinguishable from the employee's public employment, official job title, or job duties.
       3. May not contact students in APA using education records or information obtained through public employment unless the records or information are available to the general public.
       4. May not use school time to discuss, promote, or prepare for a private or non-school-sponsored activity.
       5. 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.
       6. May use school or student publications available to the general public to advertise and promote the private or non-school-sponsored activity.
       7. May not require private or non-school-sponsored activities for credit or participation in school programs.
       8. Should 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. 
32. APA employees may purchase advertising space to promote private or non-school-sponsored events in the same manner as the general public. APA employee's employment and experience can be used to demonstrate qualifications. The advertisement should specifically state that the activity is not school-sponsored. (See R277-107-5 through 6.) 
33. APA employees may not set up bank accounts for activities or fundraisers associated with APA responsibilities or job functions. 
34. APA employees may not direct fees or fundraiser proceeds from school-sponsored activities to outside entities. 
35. APA employees may not direct operating expenditures to outside funding sources or groups to avoid APA procurement rules (such as equipment, uniforms, salaries or stipends, improvements, maintenance for facilities, etc.). 
36. APA employees should comply with APA procurement policies and procedures, including complying with competitive quotes; bid splitting; and not accepting gifts, gratuities, or kickbacks from vendors or other interested parties. 
37. All fundraising projects for construction, maintenance, facilities renovation or improvement, and other capital equipment purchases should be approved in writing by the business administrator, the superintendent, and APA's board. Prior to the initiation of a large capital drive or specific fundraising drive, the following should be provided to the business administrator for evaluation and recommendation to the superintendent:
    1. Prospective construction, maintenance or renovation plans and estimated costs
    2. Proposed naming opportunities
    3. Proposed fundraising timeline
    4. Loans or financing agreements
    5. Maintenance or upkeep requirements and costs
    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) 

The superintendent should make a recommendation to APA's board. The board reserves the right to tentatively approve plans, pending fundraising, donations, equity, or other conditions.

Unauthorized Solicitation of Funds

No person shall solicit, receive or permit to be solicited or received from students enrolled at American Preparatory Academy any merchandise that is not school sanctioned.  Only approved school fundraisers are authorized.