Booster Clubs & Free Schools Guarantee

1. Booster Clubs & Free Schools Guarantee Presented by : Stephen R. D. Glass Vanessa Landesfeind, Ed.D.

2. TWO WORDS BOOSTER CLUBS

3. Problem • Schools are charging students fees for participation in educational activities despite the California Constitution guaranteeing “free schools” since 1879, and there are no accountability systems in place to identify and address such fees.

4. Student Fees Litigation • The California Constitution mandates that public education be provided to students free of charge, unless a charge is specifically authorized by law for a particular program or activity.

5. Student Fees Litigation • This constitutional right of free access encompasses all educational activities, whether curricular or extra curricular, regardless of whether credit is awarded for the educational activity.

6. Student Fees Litigation • The right of free access also prohibits mandated purchases of materials, supplies, equipment or uniforms associated with the activity, as well as the payment of security deposits for access, participation, materials or equipment.

7. Student Fees Litigation • Finally, a process that allows for a waiver process for an otherwise mandatory fee, charge, or deposit does not render it constitutional permissible.

8. Academic Course & General School (Mandatory Fees) • Loara High School (Anaheim UHSD) • Westlake High School (Conejo Valley USD) • Villa Park High School (Orange USD) • AP exams ($86) • Student ID and planner. Also, PE clothes and a lock. • Fees: • Art: $25 • Photo: $65 • Science Labs: varies (min. $20)

9. Extracurricular Activities(Mandatory Fees) • Whitney HS (ABCUSD) • Firebaugh High School (FLDUSD) • Los Altos High School (MV/LA USD) • Los Alamitos HS (Los Al USD) • “Fair Share” donation of $50. • Must purchase $20 ASB card • $100 transportation fee per sport • $150 to $250 fee to participate in drama program

10. PAY-TO-LEARN • American Civil Liberties Union of Southern California • “Pay-To-Learn: An Investigation of Mandatory Fees for Educational Activities in California’s Public Schools” • Published August 10, 2010

11. AB 165 • The ACLU settlement did not create any new laws. But a planned part of the settlement was to be a framework for informing students and parents of their rights, enforcing the rules, and penalizing those who failed to follow the rules. • AB 165 would have established those procedures utilizing the Williams Uniform Complaint Procedures.

12. AB165 VETO • I am returning Assembly Bill 165 without my signature. • This bill responds to a lawsuit filed by the ACLU against the state, alleging that some local school districts are denying students their right to a free public education by charging improper fees for classes and extracurricular activities. Local district compliance with this right is essential, and those who fail should be held accountable. But this bill takes the wrong approach to getting there. The bill would mandate that every single classroom in California post a detailed notice and that all 1,042 school districts and over 1,200 charter schools follow specific complaint, hearing and audit procedures, even where there have been no complaints, let alone evidence of any violation. This goes too far. • Sincerely, • Edmund G. Brown

13. Impact of Fees A research study conducted by UCLA Institute for Democracy, Education, and Access in 2011 indicates that high-poverty schools are less likely to try to collect fees than low-poverty schools

14. What Can Be Done? • Creative Marketing of ASB Cards (bundles) to make purchases more attractive. • Re-evaluate content standards in order to create lesson plans that may not require materials that are purchased by students. • Booster Clubs

15. Booster Clubs What is a Booster Club? A booster club is an organization that is formed to support an associated club, sports team or organization. Also known as “school connected organizations”.

16. What is the purpose and relationship of a booster club to District? • Booster and parent organizations are separate and are not under the control or the responsibility of the school district. • Booster and parent organizations are important because they connect parents and others with the curricular and co-curricular activities of students. • District employees should not serves as officers in any booster organization.

17. Starting a Booster Organization • Per Parent Booster USA booster clubs should incorporate. This avoids personally liability for the parents involved. • Boosters should establish by laws for operations, obtain an EIN number for tax purposes and establish themselves as a charitable organization(501(c)(3) tax status) with the IRS if they expect to bring in more than$5000. • 1000s of booster organizations fail to follow these guidelines and as result of being out of compliance could actually be required to pay income tax on their earnings. • Additionally, in California non-profits must register annually with the Attorney General’s office www.ag.ca.gov

18. Booster Funds • Per the IRS charities must be operated for a public purpose. Boosters meet this criteria because they support amateur programs. • Booster clubs may not, however, be primarily operated to help individual members pay the costs of having their children participate in an extra-curricular activity. • Boosters must avoid private inurement --- People who control the organization receive direct financial benefit, for example holding a fundraiser and dividing the funds among the people who raised the money.

19. Booster Fees • Booster clubs cannot be used as a way to get around the law.

20. Effectively Working With Boosters • Build relationships • Maintain your school’s brand • Don’t ignore them…hope they’ll go away!

21. CONTACT INFORMATION • www.vs-edconsortium.org • stephen.glass@vs-edconsortium.org • vanessa.landesfeind@vs-edconsortium.org • …become a Fan on Facebook (VS Education Consortium), • …or follow us on Twitter (EdConsortiumVS). • All of the information is already posted on our website.