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Irwin Law
Irwin Law, Attorney
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Experience:  30+ yrs. representing small business, real estate, probate
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I am requesting information regarding fundraising in schools

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I am requesting information regarding fundraising in schools and legalities, laws, by-laws. I am going to discuss this hypothetically, without naming the school district or the club. O.K? The XYZ Jupiter Committee is committee made up of doctors, community members, community leaders and school administrators and teachers who are primarily from the planet Jupiter. It is its own separate entity. This committee comes up with a plan to raise funds for a natural disaster that occurred on Jupiter some years ago in which thousands of individuals were killed or horribly maimed. In order to implement this fundraising event, this committee uses a school club which is called the Jupiter American Students Association of which I am the adviser in order to sell tickets, collect checks and make the down-payment at the venue in which the event will be held. This event is publicized as the Jupiter American Students Association Banquet. As I am an adviser from a different planet and not from the planet Jupiter, the XYZ Jupiter committee places two individuals from Jupiter to host the event. In past events the adviser who was also from the planet Jupiter always served as the host for events that were held in the name of the club. In making the reservation for the venue, the school paralegal indicated that it was illegal for the XYZ Jupiter committee to sign a contract for the venue and use the bank account and the Jupiter American Student Association which is a non-profit organization to hold the event. My question specifically is: What are the legal ramifications for the district, and is it lawful for a school district to conduct a for profit event through a non-profit student organization? What
Hello. I have a question, maybe more. How is the school district involved in this particular fund raising event? You say it is the student association, a specific NPO that is holding it off school premises.
Customer: replied 4 years ago.

The XYZ Jupiter Relief Committee is a committee made up of school central and building administrators, doctors community members and leaders and a few teachers. The event was held at a venue other than the school. Although the XYZ Jupiter Relief Committee is a separate entity(for profit) and has no connection with the Jupiter American Student Association(a non-profit school sponsored club) the former, XYZ Jupiter committee publicized the event as the Jupiter American Student Association Banquet and the tickets for the event were paid to the Jupiter American Student Association. Individuals from the XYZ Jupiter Relief Committee who were born on the planet Jupiter were the emcees of this event. XYZ then XYZ allegedly donated the proceeds from the event to the planet Jupiter. What are the laws concerning how fundraising is to be conducted in school districts?

From what you say, I don't see how the school district was involved in the event. When you say district, that refers to a large geographical area, not just the school buildings themselves. I'm sure that NY state and NY City have a thousand pages of rules covering charity fundraising in school buildings, but this fund raising was done outside of the school district's property and without the school's participation. What matters to the non-profit organization is whether the net proceeds are in fact used for the charitable purposes as advertised, and that matters only to the organizations that ran the event, not the school district.
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Customer: replied 4 years ago.

District is synonymous with school district which is composed of the board of education and the superintendent of schools.

I am requesting information regarding fundraising in schools and legalities, laws, by-laws. "Requesting Information" is too broad an area to discuss here. School district laws, IRS regs, NFP tax status, organizational requirements, fund raising laws, fraud etc ... Your question did not indicate the participation of the school district per se, in any way, so I don't see the point of your question. Rather than spend hours writing a book here and still not satisfying you, please tell me exactly what you wish to know about this very broad situation. If you cannot do that, then please request that another expert take over on this question.

Customer: replied 4 years ago.

When a for-profit committee works through a non-profit student organization to raise funds which of these organizations is the lawful sponsor?

Sponsorship is not a legally defined status. There are no specific laws that say who is, or is not, or who can or cannot be a sponsor of any given event. Also, for profit or non profit status has no bearing on sponsorship since sponsorship has no legal definition. Generally, whoever organizes the event determines who will be requested to add their name as the sponsor, and sponsorship legally, can mean anything the parties who are in charge agree that it means.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

You question was answered as accurately as possible. Either one of those organizations can be the lawful sponsor. That arrangement must be by agreement between the two organizations.
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