V"B$ State$College$Area$School$District$ Office$of$the$Assistant$Superintendent$ $ To: Dr.RobertO Donnell From: Date: Subject: Mr.MichaelHardy October22,2015 BoardPolicy915 BoosterOrganizationsand/orClubs ThefinalversionofBoardPolicy915isontheOctober26 th agendaasanaction item.suggestedchangesfromthesecondreading,attheoctober12 th meeting,have beenadded.pegpennepackerwillbeavailableatthemeetingforanyfurther questions.
No. 915 STATE COLLEGE AREA SCHOOL DISTRICT SECTION: TITLE: ADOPTED: REVISED: Community Booster Organizations and/or Clubs Policy 915 Boosters Organizations and/or Clubs 1. Purpose The State College Area Board of School Directors (the Board) recognizes and appreciates the cooperation, encouragement, and support given by booster organizations and/or clubs to its sports and other extracurricular activities. The purpose of such booster organizations and/or clubs is to assist and support the District's sports and other extracurricular activities, not to direct or supplant them. Booster organizations and/or clubs are not agents of the District. Therefore, all District sports and other extracurricular activities shall remain at the school level and under the control, direction, and supervision of the District through its designated administrators, coaches, and advisors. The ultimate goal of the District and the booster organizations and/or clubs is to provide the best curricular and extracurricular programs to the students of the District. 2. Definition For purposes of this policy, a booster organization and/or club refers to any organization comprised of parents, community members, or others who choose to support a District sport or other extracurricular activity. Community based youth sports organizations, which are fully independent of the District and are not for the specific purpose of supporting District sports or extracurricular activities are not considered District booster organizations and/or clubs even if their activities may have a subsidiary effect of supporting District sports and extracurricular activities. 3. Authority The District, through its Administration, is responsible for establishing and enforcing guidelines to ensure that booster organizations and/or clubs are complying with applicable statutes, rules, regulations, bylaws, and policies. 4. References School Code 24P.S. Sec. 511 Dept. Rev. Reg. 61 PA Code Sec.901.701 Local Option Small Games of Chance Act 10P.S.Sec.311 et seq. See Attached Guidelines Page 1 of 1
No. 915 G October 12, 2015 ADMINISTRATIVE GUIDELINES STATE COLLEGE AREA SCHOOL DISTRICT 915 G GUIDELINES for BOOSTER ORGANIZATIONS and/or CLUBS Organization The purpose of every booster organization and/or club shall be to provide supplemental support for District sports and extracurricular activities, and the participants therein. In order to be recognized by the District, booster organizations and/or clubs shall be governed by a written constitution and/or bylaws, which must be submitted to the Athletic Director (athletic organizations) or building principal and/or designee (other extracurricular activities) for review before the booster organization and/or club may use a District facility and/or the District name. After review of the proposed booster organization and/or club, as well as any required written materials, the Athletic Director and/or building principal shall make a recommendation to the Board for approval or, in the event that the Athletic Director and/or building principal feel that the booster organization and/or club should not be approved, so advise them of their deficiencies and/or other matters that must be remedied before a recommendation for approval may be submitted to the Board. The constitution and/or bylaws of the proposed booster organization and/or club shall be approved by not less than a majority of those involved with the proposed booster organization and/or club and the constitution and/or bylaws shall contain the following (in addition to other pertinent information): 1. The approval of the constitution and/or bylaws by a majority of the group it represents. 2. Two (2) signatures are required on all accounts for disbursement of funds. 3. A process is in place for members to vote upon how funds will be used and the requirement for coach and/or advisor final approval. 4. The goals of the booster organization and/or club. 5. The criteria for membership and voting rights in the booster organization and/or club. 6. The mechanism by which an annual internal audit is conducted. 1
7. How the booster organization and/or club will disperse monies in the event the booster organization and/or club is disbanded. In addition, each booster organization and/or club shall submit the following: 1. A list of the current booster organization and/or club officers' names, phone numbers, and electronic and regular mail addresses prior to the beginning of the season or school year. 2. A copy of the booster organization and/or club s financial report which shall include all of the following (in addition to other pertinent information): A proposed budget for the forthcoming fiscal year with anticipated expenditures and revenues (including fundraising activities). A financial report for the previous fiscal year with documented expenditures and revenues. A verification of the booster organization and/or club s FDIC insured depository bank or FSLIC insured savings and loan association into which all proceeds and receipts shall be deposited. Fundraising Booster organizations and/or clubs may sponsor fundraising activities carried out in the name of the District. Students shall not to be involved in fundraising activities during school hours without the prior written permission of the building principal or program director (Delta). Booster organizations and/or clubs may raise funds by food concessions, food sales, or similar activities with the prior written permission of the Athletic Director. Booster organizations and/or clubs who plan fundraising activities must complete the appropriate Request for Fundraising Activity form, and secure prior written approval from the building principal and Athletic Director prior to commencing such activities. The building principal and Athletic Director shall review all requests, and, to the extent possible, coordinate them to ensure that duplication is minimized, and that all booster organizations and clubs have a reasonable opportunity to engage in successful fundraising in support of their respective program. Fundraising shall be principally undertaken during the competitive season for the sport or club. However, some out-of-season fundraising may be permitted, provided that it does not unduly conflict with inseason fundraising activities by other booster organizations or clubs. Proposals and/or requests for fundraising activities shall include: 1. The name of the booster organization and/or club, contact person, and general contact information. 2. The purpose of the fundraiser. 3. The description of the fundraiser. 2
4. The groups, businesses, or individuals to be solicited. Any and all fundraising activities shall conform with applicable statutes, rules, regulations, and policies, to include but not be limited to those promulgated by the PIAA, District 6, the Mid Penn Conference, and the District. Any and all fundraising shall be by and through the respective booster organization and/or club. Coaches, and booster organization and club members are specifically prohibited from soliciting donations or otherwise engaging in fundraising activities in their individual names or capacities, whether it be for cash, checks, merchandise, or in-kind donations. All such activities shall be solely by and through the respective booster organization and club. A Donation/Contribution Agreement form shall be completed for each donation, whether it be cash, check, merchandise, or an in-kind donation. General Expectations 1. To ensure custodial and security services, booster organizations and/or clubs shall complete the Facilities Use Request form as required of all outside groups requesting use of school buildings and facilities for meetings and/or activities. 2. All gifts, including gifts of equipment, which require installation, storage, or maintenances, require formal acceptance by the District. Any such gift, once accepted by the Board, shall become the property of the District. Forms shall be submitted and approved prior to the purchase and/or donation to the District. All contributions of supplies and equipment shall go through the Responsible Administrator and the Board before purchasing so as to ensure compliance with applicable statutes, rules, and regulations, to include Title IX regulations and District policies. (Please refer to Board Policy 913.3 Gifts to the District) 3. The District shall not be responsible for any equipment owned by a booster organization and/or club which is lost, damaged, or stolen. 4. All activities and programs initiated and supported by booster organizations and/or clubs shall comply with all applicable statutes, rules, and regulations to include PIAA, Mid Penn Conference, District VI, NCAA and other governing organizations regarding the limits allowed when providing such gifts, trips, and banquets. 5. Each booster organization and/or club shall provide an audit or treasurer s report, which accounts for deposits and expenditures, once each year, a copy of which shall be submitted to the District Business Office not later than ninety (90) days following the conclusion of the season, or by June 30 th if a year-round activity. (This may be performed 3
by an internal committee of the membership and should be defined in the constitution or bylaws). Expenditure reports are necessary to ensure compliance with Title IX regulations and Act 82 reporting. 6. The District shall not assume financial responsibility for a booster organization and/or club and excludes itself from any liability a booster organization and/or club may incur. 7. Booster organizations and/or clubs may not use the District s taxexempt status or number for purchases. Booster organizations and/or clubs should consider filing with the Commission on Charitable Organizations, Department of State, as a charitable nonprofit organization. 8. Generally, students shall not be eligible for membership in any booster organization and/or club. 9. A coach and/or advisor s role in the functioning of the booster organization and/or club is solely in an advisory capacity and for final approval of what the booster group intends to purchase (i.e. color, items, etc.). A coach and/or an advisor may not handle money or make purchases in the name of the booster organization and/or club. Only the booster organization and/or club may control money or accounts of the booster organization and/or club. Allowing a coach to be responsible for management of funds is a conflict of interest and may not occur 10. In the event that a booster organization and/or club contracts with any party to provide services that take place on or in District-owned facilities, then that booster organization and/or club or the party with whom they contract shall carry a minimum one million dollar liability insurance policy, and must provide certificates of insurance to the District Business Office. 11. Booster organizations and/or clubs may not serve as a lobbying force or special interest group whose purpose is to control or negatively influence the managerial or administrative decision of the coach, director, advisor, Athletic Director, building principal, or Board. Small Games Of Chance/Lotteries Small games of chance or lotteries are permitted, except as expressly outlined below, and as permitted by the Pennsylvania Small Games of Chance Act ("Act"). In order for a booster organization and/or club to conduct small games of chance using the District name, the following shall occur: 1. The booster organization and/or club shall be recognized and approved by the District. In order to achieve such recognition and approval, the booster organization and/or club shall be in full compliance with all the provisions of this policy. 4
2. The booster organization and/or club shall be responsible for obtaining a Small Games of Change license, and otherwise fully comply with the requirements of the Act. The booster organization and/or club, in addition, shall file a copy of the license with the District Business Office before small games of chance and/or lottery activities commence. Camps If a booster organization and/or club sponsors a camp and a District employee participates, the following guidelines shall be followed: 1. The responsibilities of the employee and the booster organization and/or club shall be clearly defined as to purchases made, salaries paid, and awards given. 2. Any District employee hired by the booster organization and/or club shall not handle any money or make purchases in the name of the booster organization and/or club. 3. All persons who work directly with students shall obtain the appropriate criminal background clearances and copies shall be on file in the District Human Resources Office. If a camp is sponsored by an individual citizen, then the District views this camp as an independent enterprise and it is not subject to this policy. Compliance 1. Should any situation arise between a booster organization and/or club and the Administration regarding the management of any District sport or extracurricular activity, the Superintendent, Athletic Director, or building principal shall resolve the issue within these established guidelines. No booster organization and/or club shall engage in any activity outside of these guidelines. Further, in conducting its activities, booster organizations and/or clubs shall comply with the solicitation of funds for Charitable Purposes Act, as amended, and other state and federal rules, as applicable. 2. Any individual within the booster organization and/or club who has a concern with respect to any matter pertaining to the booster organization and/or club and/or an employee should address that concern through and with the officers and members of the booster organization and/or club. If there is no resolution at that level, the officers of the booster organization and/or club may refer the concerns to the building principal or designee or Athletic Director as appropriate for review. 5
If no resolution is achieved, the officers of the booster organization and/or club may refer the matter to the Superintendent. 3. Violation of these guidelines may lead to revocation of a booster organization and/or club s recognized and approved status with the District, and a prohibition on any further contact between that booster organization and/or club and any District sport or extracurricular activity. Disbanding Booster Clubs 1. Should the District deem that the efforts or activities of any booster organization and/or club are not in the best interest of the District, the booster organization and/or club's recognized and approved status may be withdrawn. 2. Should the booster organization and/or club fail to submit the required financial reports, the authorization to operate the booster organization and/or club may be withdrawn. 3. A booster organization and/or club may disband on its own accord by submitting in writing the desire to do so. Exclusion From Liability The District shall not assume any financial responsibility for a booster organization and/or club and excludes itself from any liability a booster organization and/or club may incur. References: School Code 24 P.S. Sec. 511 Department of Revenue Regulations 61 PA Code Sec. 901.701 Local Option Small Games of Chance Act 10 P.S. Sec. 311 et seq. 6