3290 BP - Gifts, Grants and Bequests

Business and Noninstructional Operation
Board Policy No. 3290

Adopted: March 6, 2014

Gifts, Grants and Bequests

The Governing Board may accept any gift, grant, or bequest of money, property, or service to the district from any individual, private agency or organization, or other public agency that desires to support the District's educational program. While greatly appreciating suitable donations, the Board shall reject any gift which may directly or indirectly impair its authority to make decisions in the best interest of District students or its ability or commitment to provide equitable educational opportunities.

(cf. 0410 - Nondiscrimination in District Programs and Activities)

Before accepting any gift, grant, or bequest, the Board shall carefully consider any conditions or restrictions imposed by the donor to ensure their consistency with the District's vision, philosophy, and operations. If the Board believes the District will be unable to fully satisfy the donor’s conditions, the gift shall not be accepted.

In addition, the Board shall ensure that acceptance of the gift, grant, or bequest does not:

  1. Involve creation of a program, which the Board would be unable to sustain when the donation is exhausted
  2. Entail undesirable or excessive costs
  3. Promote the use of violence, drugs, tobacco, or alcohol or the violation of any law or district policy
    (cf. 5131.6 - Alcohol and Other Drugs)
    (cf. 5131.62 - Tobacco)
  4. Imply endorsement of any business or product or unduly commercialize or politicize the school environment

(cf. 1325 - Advertising and Promotion)

Any gift of books and instructional materials shall be accepted only if they meet regular District criteria for selection of instructional materials.

(cf. 6161.1 - Selection and Evaluation of Instructional Materials)

All gifts, grants, and bequests shall become District property. Donors are encouraged to donate all gifts to the District rather than to a particular school. At the Superintendent or designee’s discretion, a gift may be used at a particular school.

When any gift of money received by the District is not immediately used, it shall be placed in the county treasury in accordance with law. (Education Code 41030-41031)

Appreciation

The Board may show appreciation for any donation to the district in any manner it deems appropriate. Such appreciation may take the form of letters of recognition or Board resolutions; plaques, commendations, or awards; planting of commemorative trees or gardens; or naming or renaming of buildings, grounds, or facilities. Conferment of any such honor shall be in accordance with applicable Board policy.

(cf. 7310 - Naming of Facility)

Corporate Sponsorship

The Board may enter into an agreement or arrangement with an outside entity for the sponsorship of an educational, athletic, or other program or activity. When appropriate, the agreement may allow the outside entity to advertise or promote its business, product, or service in District publications or on district property or web sites.

Every sponsorship agreement shall be in writing and shall be approved by the Board. The Board shall ensure that the District's relationship and arrangement with the sponsor are consistent with the District's mission, values, and goals. Any advertising or promotional message, image, or other depiction to be used by the sponsor shall meet the standards set for commercial advertising on District property and in district-sponsored publications. No message, image, or other depiction that promotes the use of obscene language, pornography, alcohol, tobacco, or prohibited drugs or that advocates unlawful discrimination, use of violence, or the violation of law or district policy shall be allowed.

Each sponsorship agreement shall contain statements including, but not limited to:

  1. The purpose of the relationship with the sponsor, details of the benefits to the district, and how the benefits will be distributed.
  2. The duration of the agreement and the roles, expectations, rights, and responsibilities of the District and the sponsor, including whether and to what extent the sponsor is allowed to advertise or promote its products and/or services.
  3. The authority of the Board to retain exclusive right over the use of the District's name, logo, and other proprietary information. The sponsor's use of such information shall require prior approval of the Board.
  4. The authority of the Board to terminate the agreement without any penalty or sanction to the District if the sponsor's message, business, or product becomes inconsistent with District vision, mission, or goals or the sponsor engages in any prohibited activity.
  5. The prohibition against the collection of students' personal information except as allowed by law.

(cf. 5022 - Student and Family Privacy Rights)
(cf. 5125 - Student Records)

Legal Reference:
EDUCATION CODE
1834 Acquisition of materials and apparatus
35160 Powers and duties
35162 Power to sue, be sued, hold and convey property
41030 School district may invest surplus monies from bequest or gifts
41031 Special fund or account in county treasury
41032 Authority of school board to accept gift or bequest; investments; gift of land requirements
41035 Advisory committee
41036 Function of advisory committee
41037 Rules and regulations
41038 Applicability of other provisions of chapter

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