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Planning Guidelines for Co-curricular Activities 2011-12 / Santa Barbara Unified School District

Created August 21, 2011, revised September 14, 2011, November 1, 2013 1

Santa Barbara Unified School District

Planning Guidelines for

Co-curricular Activities 2013-14

720 Santa Barbara Street Santa Barbara, CA 93101 (803) 963-4338 www.sbsdk12.org Planning Guidelines for Co-curricular Activities was developed to identify numerous co-curricular program issues that resurface annually; clarify or define policies related to those issues; and provide references to the Education Code and other laws that govern the operation of educational institutions. These guidelines provide school staff and parents with a common framework for planning and decision-making purposes. The Santa Barbara Unified School District is committed to providing information and assistance to staff and school-connected organizations that have dedicated their time and efforts to provide an ever-improving environment for all district students. Planning Guidelines for Co-curricular Activities includes sample forms, information, and references to district policies and administrative regulations. These guidelines are updated periodically and we welcome your comments on ways to improve the delivery of information on this important topic. We look forward to a dialogue that will be useful in finding creative ways to provide enrichment opportunities without losing sight of the laws governing education. Our challenge is to find the most effective ways to work together in identifying creative solutions. Planning Guidelines for Co-curricular Activities may be revised during the year. Readers are advised to visit the district website for the most current version of this document (revision dates are noted on the document footer): www.sbsdk12.org

Barbara Keyani Coordinator, Administrative Services and Communications

(805) 963-4338, ext. 6206 [email protected]

Planning Guidelines for Co-curricular Activities

Prepared/distributed by: Office of Administrative Services and Communications Santa Barbara Unified School District

Planning Guidelines for Co-curricular Activities 2011-12 / Santa Barbara Unified School District Created August 21, 2011, revised September 14, 2011, November 1, 2013

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Co-curricular Activities

2013-14

Definition: Co-curricular activities complement but are not part of the regular curriculum (e.g., civics class-sponsored voter registration drive). Extra-curricular activities are generally voluntary activities of a social or philanthropic nature that take place at school or within the community (e.g., participation in school clubs, volunteer community work).

Any reference in this document to regulations and policies that apply to booster clubs is also applicable to school-based foundations as

well as parent-teacher and community-based organizations.


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Contents

Page

Activity Fees 5

ASB Funds / ASB Payments to Personnel 6

Bids (Construction and Purchases) 7 Booster Clubs, Parent-Teacher, School Foundations, and Other

Community Organizations plus Q&A 7

Business for Profit on a School Site 10

Civic Center Use of School Property 10

Confidentiality Concerning Pupils 12

Consultants versus Employees 12

Contracts 13

Donations to School Programs and Proper Disbursement 14

Field Trips: Planning and Approval 15

Fliers / Advertising and Promotional Materials 16

Food Sales 16

Fundraising Projects plus Q&A 17

Games of Chance / Raffles and Bingo 20

Insurance: Liability Insurance and Certificate of Insurance 20

P.E. Uniforms 21

School Directories 21

School Trust Accounts 22

Student Absences 22

Transportation 22

Volunteer Help: Facilities 23

Volunteer Help: Qualifications and Fingerprinting 23

Walk-On Coaches 24

Attachments 26

Planning Guidelines for Co-curricular Activities 2011-12 / Santa Barbara Unified School District

Created August 21, 2011, revised September 14, 2011, November 1, 2013 4


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Co-curricular Activities A commonly held belief is that enrichment opportunities (co-curricular activities) are important to education. Public education faces a two-fold challenge with regards to co-curricular activities: (1) how to provide enrichment opportunities with limited resources and (2) how to create new resources in a manner that is consistent with the laws that govern the delivery of education. Guiding the decision-making process related to co-curricular activities is an underlying premise of a free public school system. The purpose of this publication is to review issues that surround co-curricular activities. ACTIVITY FEES

“A pupil enrolled in a school shall not be required to pay any fee, deposit, or other charge not specifically authorized by law.”

California Code of Regulations, Title 5, Article 3, Section 350 Fees cannot be imposed (either written or verbal) in exchange for the opportunity to participate in school activities except where specifically permitted by law (Education Code 35330). Public schools cannot charge fees for any elective or compulsory classes. This includes lab fees, paper for required assignments, book fees, workbooks, rental fees, security deposits for locks, lockers, musical instruments, uniforms, or other equipment. The imposition of fees for educational activities or required educational assignments is at odds with the free public school guarantee. The California Education Code specifically authorizes certain fees. For example, material fees can be charged (e.g., materials for shop class, jewelry class) if the materials are for in-class projects intended to be taken home. Student-produced work cannot be made for sale, even if the student receives a percentage of the proceeds. Fees for field trips and excursions may be charged in connection with courses of instruction or school-related social, educational, cultural, athletic, or school band activities. But, no pupil shall be prevented from taking the field trip or excursion because of lack of sufficient funds. At the beginning of each school year, the principal shall review the disclaimer below, which must be prominently included, in not less than 11-point font, in all solicitations to parents and students made by any school, parent, academy, booster organization, support foundation, or other group seeking to raise money for any Santa Barbara Unified School District program, event, facility, or activity of any kind:

“Santa Barbara Unified School District (SBUSD) requires the following statement: California law and SBUSD board policies require that the donations used to fund school-related activities be truly voluntary. No student will be excluded from participating in any school-related activities because the student or their parents has not made a donation. Any suggested donation amount is also voluntary. If you choose to make a donation, you can make it any amount you deem appropriate. No donations will be returned to you if your child decides or is unable to participate in the program to which you donated.”


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Students and parents are encouraged to donate to a school or school program to help defray co-curricular activity costs. But, donations must always be truly voluntary and student participation in a co-curricular activity cannot be mandatory or contingent upon a “donation(s).” School clubs and booster clubs can support co-curricular activities by fundraising for identified needs that benefit all students in the program. For more information, refer to the new companion document “School Fee Guidelines” on district web site. Refer to California Education Code 35330 and our district’s Board Policy and Administrative regulation 3121, “Solicitation of Funds From and By Students” as well as Board Policy and Administrative Regulation 3260, “Fees and Charges”

See related information in this document: “Donations to School Programs and Proper Disbursement,” “Fundraising Programs,” and “P.E. Uniforms”

Information attached: “Student Fees Revisited,” The Fiscal Report, Vol. 25, No. 3, February 4, 2005 ASB FUNDS / ASB PAYMENTS TO PERSONNEL

The board of education is ultimately responsible for everything that happens in the district, including the activities of student organizations such as the Associated Student Body (ASB). Education Code 48930 gives the board of education the authority to allow groups of students to organize a student body organization. Education Code 48933 provides guidance on where the ASB organization may deposit its money. That code requires that ASB funds must be spent with the pre-approval of three people: an employee or official of the school district designated by the board of education, the ASB advisor (who must be a certificated employee), and a student representative of the ASB organization. Personnel payments can NOT be made from ASB funds:

• ASB funds cannot be used to pay school site administrators for working at athletic events (e.g., supervision, ticket takers, gate security, chaperones, referees), dances, field trips, or other extra-curricular events. Supervision, as determined by the site principal, is part of the administrator’s job responsibility.

• The Santa Barbara Unified School District is the employer, not the student body organization. Hence, individuals hired to perform work for the ASB function are under regulations, salary schedules and benefits that apply to all of the district’s employees.

• Because ASB organizations are legally a part of the Santa Barbara Unified School District, anyone hired to be an ASB employee is actually an employee of the district. All ASB employees must be paid through the district payroll and must be processed through the district’s Office of Human Resources prior to any work being performed or any contact with pupils. All of the necessary requirements of employment MUST be completed through the district’s Office of Human Resources by all individuals hired to perform the duties of an employee.

• Sports officials who are district employees must be paid through the district’s payroll UNLESS they are independent contractors working under the officials association AND payment is made by the ASB to the officials association who pays the individual members. Walk-on coaches are not independent contractors and must be paid through the district’s payroll.

To avoid any possible conflict with the Internal Revenue Service’s regulations, all salaries and other payments must be made from the Santa Barbara Unified School District’s general fund and be reimbursed to the district from the appropriate ASB fund.

ASBs must submit the proper form and supporting documentation to the Office of Human Resources for board approval of payroll costs. ASBs are required to cover all payroll costs, including statutory


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costs, at the time of billing by the district office. Any differences between estimated costs and actual costs will be the sole responsibility of the ASB. See related information in this document: “Consultants versus Employees” BIDS (Construction and Purchases)

Per district’s legal counsel, all construction projects, regardless of the funding source, need to be administered by the district in order to assure compliance with the Public Contract Code and labor compliance for prevailing wages. The district has adopted the Uniform Public Construction Cost Accounting Procedures, which requires construction projects greater than $45,000 and less than $175,000 be advertised to pre-qualified bidders. Projects over $175,000 require a formal bid process in addition to notification to pre-qualified bidders. Construction projects under $45,000 may be negotiated and awarded to qualified contractors. Specific information on the Santa Barbara Unified School District’s bid process is included in Board Policy 3315 and Administrative Regulation 3315. Please contact the director of facilities and operations for questions concerning construction bids. For purchases in excess of $81,000 [this threshold is subject to change annually, per Public Contract Code Section 20111(d)] formal legal advertised bids must be sought. For purchases under the threshold, three bids are required. This is a detailed process and must involve the Santa Barbara Unified School District’s Purchasing Department to insure compliance by law. Please contact the district’s purchasing supervisor for questions concerning purchases. Booster club equipment purchases are not subject to the bid procedure provided the district’s funds are not involved in any booster-related purchases. If the district’s funds are involved in any booster-related projects, the district’s compliance with bid requirements is in effect. However, it is strongly recommended that the district’s procedures be followed for all items. Refer to our district’s Board Policy and Administrative Regulation 3311, “Bids” See related information in this document: “Contracts” and “Volunteer Help: Facilities” BOOSTER CLUBS, PARENT-TEACHER, SCHOOL FOUNDATIONS, AND OTHER COMMUNITY ORGANIZATIONS plus Q&A

Differences exist in the relationships of student organizations to the school district as compared to parent/community support groups to the school district. Any reference in this document to regulations and policies that apply to booster clubs is applicable to school-based foundations as well as parent-teacher and community-based organizations. Student organizations are legally considered part of the school district and as such they are included in the district’s annual audit and have benefit of the district’s tax-exempt status under the Internal Revenue Code. Parent support groups such as booster clubs, school foundations, PTAs, PTOs, or PTSAs as well as community support groups are separate organizations and are not part of the operations of the Santa Barbara Unified School District. These groups may raise funds and donate the funds to the districts or purchase items with the funds for the districts. These groups are not legally considered part of the school districts. Because booster clubs and other types of parent organizations are separate from the school districts, they are not under the direct control or the responsibility of the school principal, superintendent, or board of education. Booster clubs are responsible for establishing and maintaining their 501(c)(3) nonprofit status and financial records. A properly established booster club must have its own tax identification number and an exemption letter from the Franchise Tax Board and the Internal Revenue Service before it can accept tax-deductible donations.


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Prior to the beginning of the school year, or within the first three weeks of the school year, principals or their designees, are to meet with booster club/parent and community organization presidents and the faculty advisors to those clubs/organizations to collect the completed “Booster Club Information Form” and explain the school calendar, regulations on the use of school facilities, fundraising procedures, etc.

Nonprofits All booster clubs, parent organizations, and foundations must be independent of both the Santa Barbara Unified School District and a school’s Associated Student Body (ASB). They must function as a totally separate entity and have nonprofit (501c3 organization) status. The clubs shall not “piggy-back” on the ASB and shall maintain fiscal operations separate from ASB. If community donations have been made to a school booster club by way of ASB and ASB has been issuing letters of appreciation for these donations (referencing their own tax identification number), the practice must be discontinued immediately. Use of School Facilities A booster club is required to file Civic Center Use Permit each time it uses a school facility.

When a parent group/organization donates funds raised for the school and the donation is accepted by the board of trustees, then the funds are deposited by the school district for the purpose identified by the donor. Because student organizations operating under the tax-exempt status of the school district, the funds deposited in bank accounts are not subject to state or federal taxes. For this reason, the funds raised by booster clubs or parent groups may not be deposited into the student organization’s bank accounts. These groups may not open bank accounts using the district’s tax identification number. Organizations formed by teachers, such as “sunshine” clubs, also are not part of the ASB and may not deposit funds into the school’s ASB accounts or use the district’s tax identification number. Q. Can district staff serve on the board of a school-related nonprofit, such as a

booster club or foundation? School nonprofits and foundations attract donations that the schools themselves wouldn’t receive because they are normally governed by an independent board of community members who are seen as safeguarding donors’ interests. Many donors prefer or insist on giving to an independent group so that the money will be channeled in a “trustworthy” fashion; not spent on salaries, etc. Having any school staff members who serve on such boards should do so as non-voting members is preferable because it lessens such concerns, while at the same time allowing staff to be a resource for boards in communicating school needs. Should a school staff member serve on a board, without having a vote, the community can be more confident that the board determination of where the donated dollars go is free of staff bias involving programs with which they are associated. Additionally, to the extent school foundations serve to promote the schools, the foundation has more credibility if it is free of direct school staff influence. Sometimes, school foundations apply considerable pressure on parents to provide financial support. This is especially problematic in view of the free education requirement when principals and administrators are active foundation board members. For reasons of personal and potential district liability, a district employee should not be a bank account signer or authorizer or financial manager for a school-related nonprofit organization. To


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a lesser extent also, if school staff member serve as officers—or even voting board members of school nonprofits—there are potential district liabilities if problems arise. The district’s legal counsel advises that principals and district administrators be prohibited from serving as voting foundation board members due to their large potential influence and potential district liability. Staff is discouraged from so acting. All staff should limit their role on such boards to non-voting ex officio.

Q. Can a booster group pay salaries or stipends? As the employer of all paid individuals working on school sites, the Santa Barbara Unified School District is responsible for monitoring and overseeing all payments made to employees and walk-on coaches. The payment of salaries or stipends requires responsibility for fingerprinting, worker’s compensation insurance, and compliance with all federal and California information reporting requirements, including Form W-2 and Form 1099, where applicable. Booster clubs are NOT allowed to pay salaries, bonuses, stipends, or supplement the income of district employees.

Q. Can a booster group hire coaches and/or “walk-on” coaches? Booster clubs may NOT hire walk-on coaches directly; only the Santa Barbara Unified School District can hire district employees, coaches, walk-on coaches, assistant coaches, etc.

Q. Is there a way for a booster group to pay for a walk-on coach? Booster clubs can request and fund a walk-on coach(es), assistant coach, etc. However, the following procedure must be adhered to PRIOR to his/her work with students:

1. A written request for a walk-on coach (“Request for Coaching/Co-curricular Approval” form) must be signed by the school principal and the athletic director and must be submitted to the district’s Office of Human Resources.

2. After the request has been reviewed and approved by the district’s Office of Human Resources, funds to support the walk-on position must be submitted to the district’s Business Office.

3. A booster-funded walk-on coach or assistant coach must be paid at the same rate as a district-funded walk-on coach.

4. Walk-on coaches are hired for an increment of one season. Their contracts are renewed on a season-by-season basis.

Walk-on coaches hired by the district on behalf of a booster club will be paid by the district at the end of the season, which is consistent with the policy that effects all district walk-on coaches.

Q. What steps must be completed in order for a walk-on coach to begin work? Prior to working with students, a walk-on coach must complete all of the districts employment-related paperwork. The employment process includes fingerprint clearance, tuberculosis clearance, and CPR/First Aid verification. Walk-on coaches will NOT be paid until the district’s Office of Human Resources employment process has been completed. Putting a walk-on coach to work before employment is authorized by the district’s Office of Human Resources may jeopardize the employee’s receipt of payment for hours worked. It is the responsibility of site administration/athletic director to inform coaches that they must make an appointment with the Office of Human Resources to complete the required paperwork. It is also the responsibility of the site administrator/athletic director to verify that all coaches have been cleared through the Office of Human Resources PRIOR to beginning a coaching assignment.


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Additionally, all volunteer coaches must be fingerprinted and cleared by the district’s Office of Human Resources.

New Regulation – Booster Group Financial Reports. Per Governmental Accounting and Standards Board (GASB) statement No. 39, school districts in California are now required to include the financial reports of foundations, booster clubs, PTAs, and other school-attached parent/community groups as part of the school district’s audit reports. According to GASB, the criteria that must be reported to the school district is: a list of the financial income received or held by the organization for the direct benefit of the Santa Barbara Unified School District. In order to comply with this requirement, all school-related fundraising organizations will be contacted by the independent firm (Vavrinek, Trine, Day & Co. LLP) that performs the district’s audit to confirm the information provided. Questions can be directed to VTD at (909) 466-4410. See related information in this document: “ASB Funds/ASB Payments to Personnel,” “Consultants versus Employees,” “Fundraising Projects plus Q&A,” and “Walk-On Coaches”

Sample form attached: “Booster Club Information Form” BUSINESS FOR PROFIT ON A SCHOOL SITE

Staff members are not allowed to operate any business for profit out of the school site (this includes using students who are compelled to sit in their classes as a marketing tool). These quasi-businesses include (but are not limited to) trips to a foreign country through a tour company where the teacher acts as an independent contractor and receives a free trip or other remuneration, private lessons of any kind held on campus (e.g., music or tennis), or private tutoring for pay. District staff members are permitted to supplement their income or traveling pleasure, just not on the district’s school site without completing a Civic Center Act form indicating that they are a separate business entity. They must also refrain from using the name of the school or the district in any form (which presumes affiliation and thus exposure to possible liability). CIVIC CENTER USE OF SCHOOL PROPERTY

When planning activities that take place on school property, all non-school individuals/groups, including booster groups, must submit the “Application And Permit For Civic Center Use Of School Property.” The application can be obtained from the civic center coordinator, Santa Barbara Unified School District, 720 Santa Barbara Street, Santa Barbara, CA 93101 (963-4338, extension 287). Per our board of trustee’s Administrative Regulation 1330, PTA, PTO, PTSA, booster groups, and alumni groups are community groups. When using school facilities, all community groups need to fill out a civic center use permit indicating that the Santa Barbara Unified School District have the appropriate insurance information for the respective community group and a signature indicating that the group has read the civic center use rules. Board policies and administrative regulations are subject to change. While a sample Administrative Regulation 1330 is included in this document as a reference, the reader should contact the district’s Business Office to make sure that the adoption date on the last page reflects the most current version of the regulation: (805) 963-4338 ext. 6222.


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Availability of School Space for Civic Center Use

School principals, or their designee, must determine the availability of site space for community use of school facilities but only the district’s Business Office is authorized to process and approve civic center use of school facilities. There are no exceptions. All outside agencies are required to have an approved civic center permit prior to using district property. In the case of meetings of parent-teacher associations, school community advisory councils, and foundations, a permit is required. For these groups, the application fee, per Administrative Regulation 1330 (“Use of School Facilities”), is waived. They are classified as a free use user and will be billed only applicable custodial fees. One permit should cover the meetings for one school year. Activities other than meetings require a separate permit. If the activity is a fundraiser, principals must make sure that the fundraiser is "Board Approved" or these groups will be charged the application and user fees. In addition, principals shall advise all site parent-teacher associations, school-community advisory councils, booster groups, and foundations that they are not authorized to approve the use of school facilities to any other group(s). Questions have come up regarding after-hours use of school grounds. Civic center use permits are required for commercial use of facilities and school grounds, irrespective of classes being in session or not. IMPORTANT NOTE: Prior to agreeing to availability for civic center use of school facilities, site administrators shall ensure that the user is aware of all regulations and restrictions regarding an event (e.g., hours of use, noise considerations, opening and closing of the facility, supervision).

Use of a school kitchen by a school must be submitted on a civic center permit for the purpose of tracking any food services staff overtime and to ensure that the

director of food services is aware and approves of the use of the kitchen.

Following are the four steps in the application process: Step 1 Submit the application and application fee [application fee is provided in Administrative Regulation 1330, “Use of School Facilities”], to the Santa Barbara Unified School District’s civic center office in the Purchasing Department at the district office, 720 Santa Barbara Street, Santa Barbara. Make sure the application is complete (non-profit organizations need to include a copy of their Internal Revenue Service letter, indicating their status). The Purchasing Department will send the completed form to the site. Step 2 The school administrator must sign and date the application form. That signature indicates availability of the facility; it does not signify application approval. The administrator also needs to indicate the hours of overtime for custodial support and/or a theater manager and if none, indicate so on the form. Step 3 Then, the Santa Barbara Unified School District’s deputy superintendent of business services, or designee will assign the fees per Administrative Regulation 1330 and sign the application form. It is the deputy superintendent’s signature that indicates application approval.


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Step 4 The civic center office will notify the applicant after his/her request has been processed and inform the user of the fee, which must be paid in advance of the rental. Once the fee is paid, the site will be notified of the final approval and the user and the site will receive a copy of the “approved” application/permit.

Use of a school facility may NOT begin until the civic center application is processed, signed by the deputy superintendent of business services, or designee, and all fees have been paid. Without that signature and payment, the application is

not approved. A civic center request applies to the use of a district property. Authorization for civic center use of a school property does not entitle the user to distribute or post fliers on any of the district’s campuses regarding an event/activity conducted on a district property. For the required review of qualifications under the law, applicable charges, dates and location, an “Application And Permit For Civic Center Use Of School Property” form should be submitted to the civic center coordinator, at least two weeks prior to the event. The district’s insurance company requires a Certificate of Insurance naming the Santa Barbara Unified School District as “additional insured.” The Certificate of Insurance, which must be provided with each application, must be in the amount of $1million ($2million if requesting use of any district swimming pool). User group classifications are divided into three categories:

• free use/custodial costs; • direct cost use; • fair rental value use.

The fee schedule for civic center use of school property is subject to change, per board of trustees’ revision of Administrative Regulation 1330. Contact the district’s civic center coordinator at (805) 963-4338, extension 6287, for up-to-date information. The information is also available on the district’s web site. Refer to our district’s Board Policy and Administrative Regulation 1330, “Use of School Facilities”

See related information in this document: “Fliers / Advertising and Promotional Materials” and “Insurance: Liability Insurance and Certificate of Insurance”

Sample forms attached: “Civic Center Application and Permit Instructions,” “Application and Permit for Civic Center Use of School Property,” and Santa Barbara Unified School District’ Administrative Regulation 1330, “Use of School Facilities” CONFIDENTIALITY CONCERNING PUPILS

On occasion, in the course of volunteering in the classroom or in the school office, a parent/community volunteer may have reason to view student information. All student information is strictly confidential and volunteers are expected to honor the standard of confidentiality followed by school administrators, teachers, and staff. Student information should not be revealed, released, or discussed with others. CONSULTANTS versus EMPLOYEES

Confusion sometimes arises on the differences between a consultant and an employee, and the income-reporting responsibilities that accompany consulting services versus employee services.


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CONSULTANT—INDEPENDENT CONTRACTOR A consultant is oftentimes referred to as an independent contractor. A consultant can be an individual, entity, or firm offering services to the public. Such services are paid on a fee basis for specialized services that are usually considered to be temporary or short term in nature. Generally, a consultant bids on a defined project, works on that project offsite, and then returns with a finished product. For tax purposes, the law requires that consultant income be reported on a 1099 form. The general rule is that an individual is an independent contractor if the Santa Barbara Unified School District has the right to control or direct only the result of the work and not the means and methods of accomplishing the result. Information on how to determine whether a worker should be classified as an employee or independent contractor can be found on the IRS website at www.irs.gov. Please contact the Payroll Office for guidance if there is any uncertainty as to whether an individual has been properly classified as a consultant. Independent contractors may need to be fingerprinted prior to beginning the contracted work. Individuals hired to assist or make a presentation for one or two days do not need to be fingerprinted ONLY if they are under the CONSTANT direct supervision and observation of a district employee while in the presence of students. Independent consultants may never be left alone with students unless they have been properly fingerprinted and cleared by the Office of Human Resources. DISTRICT EMPLOYEE An employee (e.g., full time, part time, walk-on coach) is someone whose employment and wages are defined and dictated by specific terms imposed by the employer, i.e., the district. Terms of employment include, but are not limited to, the number of hours to be worked, specific time and location where work will be performed, duties, and rate of compensation. For tax purposes, the law requires that employee income be reported on a W-2 form. According to Internal Revenue Service rules, a district employee cannot — under any circumstances — be paid simultaneously as a district consultant. The district cannot legally issue a W-2 form and a 1099 form to any employee. Similarly, the district cannot legally issue a 1099 and a W-2 form to any consultant. Additional information attached: FCMAT’s ASB Accounting Manual “Chapter 15 – Employees and Consultants” CONTRACTS

The board of trustees is required to file with the county superintendent of schools the names of employees who are authorized to sign various documents on behalf of the board. NO ONE other than the superintendent and assistant superintendent of business is permitted to sign contracts, agreements, letters/memorandums of understanding, or other encumbrances in the name of a school and/or district. Under NO circumstances can encumbrances be made by any other person or outside organizations. Principals, teachers, boosters, or other individuals or groups are NOT permitted to sign contracts (e.g., food or drink vending machine contracts), agreements, letters/memorandums of understanding, or any other encumbrance on behalf of the district. School sites are expressly prohibited from entering into credit card agreements. Any credit card agreements entered into by school site personnel will result in personal responsibility for any charges. All contracts are subject to the approval of the Santa Barbara Unified School District’s Business Office. Because student organizations are considered part of the school entity, the


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district’s Business Office has the same responsibility and authority over ASB contracts as it does over the contracts of any other district entity. See related information in this document: “Bids,” “Booster Clubs, Parent-Teacher, and Other Community Organizations plus Q&A,” “Fundraising Projects plus Q&A,” and “Volunteer Help: Facilities” DONATIONS TO SCHOOL PROGRAMS AND PROPER DISBURSEMENT

Donations to school programs can be made directly to the school through the procedure listed below or, if the donor so chooses, to a school program through an independent nonprofit 501(c)(3) organization. A public school/school district is viewed as a charity by the Internal Revenue Service. A donation of money, goods and/or services can be directed as follows: • District/School Donation. Monetary donations to individual schools or programs are greatly

appreciated. There are, however, times when the district is unable to accept donations of certain goods or services. When considering whether or not to accept a donation of services or equipment (e.g., computers, digital cameras, projectors, furniture, vehicles), it is important for the prospective donor or site personnel to include district administrative staff in the decision-making process as an equipment donation may require certain maintenance, compatibility, and/or insurance considerations [see questions/answers on how schools receive donations from outside individuals or group, in the “Fundraising Projects/Questions and Answers” section of this document]. When in doubt, check with the Business Office (963-4338, extension 6222) or the Office of Administrative Services and Communication (963-4338, extension 6206).

A “Gift Acceptance Form” must be completed upon school or district office acceptance of a donation. In the case of equipment donations valued in excess of $500 (per item), it is particularly important to include thorough descriptive information and a dollar value.

In accordance with the Education Code – for reasons of insurance liability and proper asset tracking – donations of equipment valued in excess of $500 (per item) must be inventoried by the district. The completed “Gift Acceptance Form” is forwarded by the principal’s office (or district office department head) to the district’s Business Office, where it is recorded. Then, the donation is noted on a board of education meeting agenda, where it is officially accepted and acknowledged. A letter of appreciation, signed by the board of education president, is sent to the donor for donations over $250. If requested, the Business Office will send letters for donations under $250.

• Donation to a School Booster Organization, PTSA/PTA, Public Education Foundation, or

Other Nonprofit School-Affiliated Group. An individual or business may also choose to donate to a school program through a school-affiliated nonprofit group. The donor is encouraged to gather information on the group’s nonprofit 501(c)(3) status and communicate directly with the organization’s representatives.

School booster clubs, PTA, PTO or PTSA, public education foundations, or any other school-affiliated nonprofit groups are expected to have active 501(c)(3) status. Such nonprofit organizations follow procedures and policies outlined in their Articles of Incorporation. These groups are independent organizations, governed by their respective board of directors, and accountable to state and/or federal laws. The financial and administrative operations of these organizations are NOT within a school district’s accountability structure.

• Disbursement. If a member of the public donates to a nonprofit foundation to raise funds for the

benefit of a school district academy or classroom and that foundation writes a check for the amount collected paid to the order of the teacher (in their personal name), that teacher should


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receive a 1099 form at the end of the year from the foundation. All foundation donations for school programs should be directed to the district, accepted by the board of trustees, then the teacher would request materials through the normal purchasing channels. This is standard operating procedure.

When a donated item is accepted by the board of trustees, the donation becomes the property of the Santa Barbara Unified School District. Said item does not belong to an individual staff member, it belongs to the district. The donor may indicate that they prefer the funds to be used to purchase a certain piece of equipment for a particular classroom and, once the item is accepted by the board, the principal of the site may honor the donor’s request and direct that the item be used in a certain classroom or, if the donation is unrestricted, use the donated item elsewhere on site, as needed.

Teachers, administrators, all employees should not accept any equipment as a donation for their personal use. For example, a digital camera donated to a school belongs to the school district, not the person.

See related information in this document: “Fundraising Projects plus Q&A”

Sample form attached, “Gift Acceptance Form” FIELD TRIPS: PLANNING AND APPROVAL

Enrichment opportunities that are linked to curriculum are a valued part of each student’s educational experience. It is important that they be carefully planned for two reasons: our schools have the responsibility to cover a specific amount of educational material in a given time period and it is critical that enrichment opportunities be linked to the learning goals. Field trips that cannot be linked to the curriculum (and student absences) result in the loss of state funds to schools, thereby diminishing the financial resources necessary to operate school programs. As noted in the “Activity Fees” section of this document, fees for field trips and excursions may be charged in connection with courses of instruction or school-related social, educational, cultural, athletic, or school band activities. But, no pupil shall be prevented from taking the field trip or excursion because of lack of sufficient funds. General field trip information: A certificated staff member must accompany students on the field trip. (hold for Mitch) Volunteer drivers must be at least 21 years of age and hold a valid California Driver’s

License. Minimum insurance liability requirements are $100,000 per person and $300,000 per accident, commonly referred to as $100,000/$300,000. If parents or other adult volunteers transport students, they must complete the appropriate form: “Student Transportation Form.” In addition, a copy of the driver’s vehicle registration, insurance policy, and driver’s license is required. For your convenience, a “Student Transportation Checklist” is attached.

The appropriate forms need to be filled out and submitted to the principal for signature. Incomplete forms cannot be processed. Completed forms are submitted to the district’s Business Office for approval. Allow at least two weeks for processing (except during a recess or holiday break, when allowance shall be four weeks for processing).

For reasons of safety and liability, students in co-curricular programs are NOT permitted to

drive other students to/from activities related to those programs. Whether the point-of-pick up or drop off is at a student’s school or home, as part of a school- related activity students are not allowed to transport one another. Rather, students must be transported by: • an adult who has completed the appropriate forms that certify adequate insurance coverage,

or


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• on a bus or other appropriate school-arranged mode of transportation. If school booster groups seek to transport students to/from school-related activities, it is the school’s responsibility to contract with an appropriate transportation company. Boosters should then reimburse the school for the cost of that transportation. See related information in this document: “Activity Fees” and “Field Trips: Student Absences”

Sample forms attached: “Student Transportation Form,” and for your convenience a “Student Transportation Checklist” FLIERS / ADVERTISING and PROMOTIONAL MATERIALS

The board recognizes the many worthwhile organizations that seek to inform the school community about events and activities of interest to children. The district’s mission and the board of trustees’ focus goals are on improving academic achievement and the district’s resources must be directed to providing the highest quality educational programs to all students. Advertising and promotional materials must be submitted to the superintendent or designee for prior approval at least two weeks prior to distribution. Because flier distribution requires clerical support and teacher time, non-school flier distribution is limited to: • joint-use partners as established in a memo of understanding (flier content must be focused on

the joint-use partner’s program for youth conducted for district students). • contracted programs (e.g., district grants) approved by the board (flier content must be focused

on contracted programs conducted primarily on district campuses for district students); • parent-teacher organization promotion of school site-related events, activities, and programs (not

the events of other agencies organizations); • government agencies, such as police and fire, that wish to distribute materials pertaining to

students and community health and safety. If approved, a flier must be translated, copied, and bundled according to school specifications. The superintendent or designee shall not approve distribution or posting of promotional materials of a commercial, religious, or political nature, such as those that publicize services, special events, or public meetings. This includes fliers, coupons, discount cards, or other forms of advertising or promotional materials related to vendor services or opportunities. Refer to our district’s Board Policy 1325, “Advertising and Promotional Materials” FOOD SALES

The sales of food and beverages at school during the school day should be aligned with the district’s goals to promote student wellness. Any food sales conducted outside the district’s nutrition service program shall meet nutritional standards specified in law, board policy, and administrative regulation and shall not reduce student participation in the district’s food services program. Competitive food sales or vending machines (which are also competitive unless locked up at lunch and nutrition) are not permitted. The Santa Barbara Unified School District is focused on healthy meals and healthy snacks.


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Approval of Food Sales The board authorizes the superintendent or designee to approve the sale of foods

and beverages outside the district’s food services program, including sales by student- or school-connected organizations, sales through vending machines, and/or sales at secondary school student stores for funding raising purposes.

Food sales are prohibited during school hours, and within one hour before and after school hours, unless the organization is legally organized as a nonpartisan, charitable organization, the purpose of the solicitation is nonpartisan and charitable, and the solicitation has been approved in accordance with board policy. (Education Code 51520) Refer to our district’s Board Policy and Administrative Regulation 3554, “Other Food Sales,” and Board Policy 3554.2, “Competitive School Food/Beverage Sales” FUNDRAISING PROJECTS plus Q&A

There are generally two types of fundraisers that benefit schools in our district: school-based fundraisers (e.g., Associated Student Body) and booster club-/school foundation-/parent club-based fundraisers. School-based fundraisers require board approval PRIOR to the beginning of any solicitations. Booster-club fundraisers do not require board of education approval but the respective school site principal must be informed in advance of any solicitations being planned to benefit the school. Board of Trustees’ Approval Solicitations on behalf of any public school or their student body require prior approval by the board of education. Board approval is required prior to fundraising for the benefit of charitable organizations (Education Code 51520) as well as for school-related purposes (Education Code 51521):

Education Code 51520. During school hours, and within one hour before the time of opening and within one hour after the time of closing of school, pupils of the public school shall not be solicited on school premises by teachers or others...to contribute to the funds of, to become members of, or to work for, any organization not directly under the control of the school authorities, unless the organization is a nonpartisan, charitable organization organized for charitable purposes by an act of Congress or under the laws of the state, the purpose of the solicitation is nonpartisan and charitable, and the solicitation has been approved by...the governing board of the school district in which the school is located. Education Code 51521. No person shall solicit any other person to contribute to any fund or to purchase any item of personal property, upon the representation that the money received is to be used wholly or in part for the benefit of any public school or the student body of any public school, unless such person obtains the prior written approval of the governing board of the school district...

The term “solicitation” means that no person shall request of another person monetary contributions or the purchase of any item. Without said authorization, solicitations cannot incorporate the school/department name (e.g., letterhead), require class and/or staff time, or utilize school facilities. Problems that arise as the result of unauthorized activities or projects can place the responsible party in the position of having to incur personal liability. (The staff activity sponsor and the principal are normally the responsible parties.)


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Activity Calendar, Summary, and Budget At the beginning of each year, booster clubs and parent and community organizations must provide the school principal with information identified in the “Booster Club Information Form” (sample attached).

The principal shall provide each of the school’s 501c3 organizations with a copy of the current document: Planning Guidelines for Co-curricular Activities. Fundraising for donations to nonprofit organizations and students or families are not allowable as they are considered gifts of public funds no matter how worthy the cause. However, the district permits the following options (in order of district preference): 1. The PTA/booster club can run the fundraiser. The PTA/booster club must pay for all costs and no

school supplies or equipment may be used. If the fundraiser will be on school grounds, the PTA/booster club must apply for a civic center permit. The PTA/booster club must collect all revenues and donate the net profits directly to the non-profit organization.

2. If option 1 is unavailable, the ASB organization is permitted to organize a fundraiser to support a charity under certain requirements. The event must be clearly identified as raising funds to donate to that specific charity and all donations must be in the form of checks made payable to the charity. All checks should be delivered directly to the charity and never deposited into an ASB, district, or personal account. School supplies or equipment may not be used for a charity fundraising drive.

3. If options 1 and 2 are unavailable, “penny drives” for charitable organizations are permissible

under strict guidelines and on a very infrequent basis (1-2 times per year). The event must be clearly identified as raising funds to donate to a specific charity and the “coins” should be taken to a bank/financial institution, which will count the money and issue it directly to the charity. The “coins” must never be deposited into an ASB, district, or personal account. No school supplies or equipment may be used for a charity fundraising drive.

Q. Is it ok for a foundation, fundraising group, or booster group to use the school’s tax identification number or do they need to have a separate non-profit 501(c)(3)? If so, where do we get the paperwork? NO, booster groups, foundations, or outside fundraising groups, cannot use the district’s tax identification numbers. As a governmental agency the district has a different type of tax status and separate number that is specific to each district.

Booster groups, foundations, PTAs and outside groups are separate entities and need to have/obtain their own tax identification number.

Q. Why does my school need to file a fundraising plan? What if the cause is time-sensitive and I don’t have time to go to the board? If there is not time to receive board approval, the school fundraiser is not to be held. All school fundraising plans by any organization need to be approved by the board of trustees, per Education Code 51520 or 51521 (see above).

Q. When should school fundraising plans be turned in? School fundraising plans are turned in at the beginning of each school year. Once school is underway, additions to the school’s fundraising plan should be turned in to the assistant superintendent as soon as possible. In order to make it on an agenda, the assistant superintendent must turn in board agenda items no later than noon on Tuesday of agenda week. [Agenda week is the week prior to the board meeting. The agenda is distributed on the Friday prior to the board meeting.] Regularly scheduled board meetings are on the


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second, fourth, and fifth Tuesday of each month, except July and December (only one board meeting during each of those months).

Q. For board approval, what information is needed about the school fundraising plan?

1. Who will be conducting the fundraiser? 2. Location of the fundraiser? 3. How much will the fundraiser cost? 4. Type of fundraiser (e.g., penny drive, walk-a-thon)? 5. What is the projected goal (in dollar amount) from the fundraiser? 6. Date(s) and time of day of the fundraiser? Note: Alcohol cannot be served as part of a

board-approved fundraiser, whether the event is hosted on-site or off-site. 7. Funds raised are to be donated to (fill in the blank) for the purpose of (fill in the blank)?

Q. How does the school receive donations from outside individuals or groups? A donation to any school site is only fully received when the board formally accepts it in a donation agenda item at a regularly scheduled meeting. Donations made to the district are to be entered onto a "Gift Acceptance Form” and submitted to the district’s Office of the Assistant Superintendent of Business Services. Note: The district is not required to accept every donation. The form is reviewed and the donation item is then listed on the next board regular meeting agenda requesting formal acceptance. Sometimes the donation form is reviewed and the item may be determined as not acceptable for submission to the board by appropriate administrative staff. For example, if there are restrictions on the donation, such as unfit for use (e.g., obsolete computer equipment, unsafe playground structures or undersized vans for transportation), the donation might not be accepted. Further note that donations that require "yard sales" or large outlay of unavailable capital funds to be turned into a useable asset may not be approved by the board. The donor will be contacted by district administration if the item is not deemed acceptable and appreciation extended. If the item is acceptable to the district and approved by the board at its regularly scheduled meeting, a letter of appreciation signed by the board president will be sent to the donor for their use in submission to their personal tax advisor.

Q. How should all funds received by the school site be handled? All funds must be deposited into board- and Education Code-authorized bank accounts. (per Education Code 48933). The funds may be for Associated Student Body (ASB) established club activities and must be accounted for by the ASB bookkeepers pursuant to “Santa Barbara Unified School District Associated Student Body Manual.” If the funds are from other than ASB activities, such as funds donated to the school site and board approved through a donation agenda item or through a fundraiser request are to be deposited to the district’s County Treasury account and maintained in a separate budget account set up through the district’s Business Office. The budget account will have the name of the school site and the intended use and can be expended through the submission of purchase requisitions. School site administration is encouraged to use the funds in a timely manner as the donor intended; however, unexpended funds will be carried over into subsequent fiscal years. No school site should have a separate bank checking account unless board authorized. Principals, teachers or other administrative staff shall not accept any donation to a school site or school project and maintain the funds in a separate location. No principal, teacher or other administrative staff shall be listed on the signatory cards for any outside bank accounts.


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Q. Can a school group or booster/parent group hold a car wash on district property? No. It is illegal and a violation of the district’s storm water permit to hold a car wash on district property. It is also a violation to have a mobile car wash company wash a car(s) on district property. District vehicles cannot be washed on district property (they should be washed at a local car wash). A series of federal and state clean water laws regulate small municipalities, including school districts, and require that no pollutants be discharged into the waters of the United States. To comply, the Santa Barbara Unified School District must submit a Storm Water Management Plan for all district-owned sites. As part of that management plan, the district must monitor and report storm water management practices and keep records of the process.

Q. Can a school, school group or booster/parent group show commercial movies on campus?

No. The district’s legal counsel advises against screening rented or purchased copyright movies. Frequently asked questions on this matter, provided by Swank Motion Pictures, are posted in this document’s Attachments and accessible on the web: http://parks.swank.com/faq.html#1. The first of several questions on Swank’s list elicits the following response: “Any exhibition of a movie outside the privacy of a home setting is considered a public performance…A license is required for all public performances regardless of whether admission is charged…”

Every rule may have an exception, always contact Disbursing Officer Laci Preston in the district’s Business Office (963-4338, ext. 6296), with any questions regarding donations, fundraisers, and collection of funds.

See related information in this document: “Booster Clubs, Parent-Teacher, School Foundations, and Other Community Organizations plus Q&A” and “Donations to School Programs and Proper Disbursement” See “Booster Club Information Form” and “Swank Motion Pictures” in this document’s attachments. GAMES OF CHANCE / RAFFLES AND BINGO

Current law views a raffle as a lottery in which a person pays a fee for a chance at winning a prize. According to a representative of the Office of the Attorney General, “Public schools are governmental agencies, so they wouldn’t be covered by authorization to conduct raffles. If schools have a private foundation and it’s a public benefit corporation, then they would be subject to whatever the requirements are in law. They would need to register and file reports and be covered like any other public benefit corporation.” According to the California Department of Justice, “In California, charities and certain other private nonprofit organizations may conduct raffles to raise funds for the beneficial or charitable purposes in the state.” Public benefit corporations must register annually with the state for a nominal fee, and be able to conduct a raffle according to state guidelines regarding Penal Code Section 320.5. According to the May 2, 2003 issue of The Fiscal Report, published by School Services of California, Inc., a parent booster group can register with the Department of Justice by completing the raffle annual registration form: <http://caag.state.ca.us/charities/raffles.htm#forms>. For more information regarding charitable organizations and fundraisers, the Office of the Attorney General’s web site is a good resource. It too can be accessed online: http://caag.state.ca.us/charities/forms.htm>. Unless raffles or other games of chance are conducted within the parameters of the law, they are considered misdemeanors. If a parent group registers with the state and opts to conduct a raffle, employees of the school district should not participate in the planning the activity or be involved in handing out tickets. School


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employees should not be involved in any way. By participating, the tax-exempt status of the ASB, school, and possibly the districts are at risk. According to the local Municipal Code, bingo is a game of chance in which prizes are awarded on the basis of designed numbers or symbols on a card which conform to numbers or symbols selected at random. Organizations are permitted to conduct bingo within the city of Santa Barbara, provided that it is conducted in accordance with the limitations contained in Section 326.5 of the Penal Code. 50:50 Raffles The California Department of Justice’s explanation regarding 50:50 raffles:

“Penal Code section 320.5, subdivision (b)(4)(A) states that 90 percent of the gross receipts generated by the sale of raffle tickets for any given draw are to be used by the eligible organization for charitable purposes. For example: An organization raised $100 in ticket sales. It would be required to spend $90 of that amount to further its charitable purposes, and only $10 could be used to help pay for expenses or operating costs associated with conducting the raffle. “The organization is not precluded from using funds from sources other than the sale of raffle tickets to pay for the administration or other costs of conducting the raffle. However, the organization must exercise due care in using other funds. The misuse of restricted assets or the use of unrestricted assets which results in losses to the corporation may subject the board of directors to personal liability for breach of fiduciary duty. “The 90/10 rule applies to 50/50 raffles, in which 50 percent of ticket-sale revenue is awarded as the prize and 50 percent of the revenue is retained by the organization conducting the raffle. 50/50 raffles are illegal because 90 percent of the gross ticket-sale revenue is not used for charitable purposes.” [as provided October 21, 2013]

INSURANCE: LIABILITY INSURANCE and CERTIFICATE OF INSURANCE

Liability Insurance Booster groups (as well as other school-affiliated nonprofit groups) that conduct student activities must have $1million liability insurance. The district cannot endorse a specific insurance carrier. Several organizations have reported that liability insurance premiums currently are in the range of $400-500 per year. For more information, contact the district’s Business Office, (805) 963-4338, extension 6222. Certificate of Insurance: Booster Clubs, Parent and Community Organizations A Certificate of Insurance is record of proof that the booster club, parent or community organization has liability insurance. A Certificate of Insurance, naming the Santa Barbara Unified School District as additional insured, is created and issued by the insurance carrier for the booster group or other non-school individual/organization requesting use of a school facility. An annual flat fee for liability insurance entitles the purchaser (e.g., booster organization) to request a certificate(s) as needed. If an organization intends to make multiple requests for the use of school facilities throughout the year, they can ask their insurance carrier to issue a single Certificate of Insurance that would specify coverage for several months or even the entire school year. When issued for a blanket period of time, a single Certificate of Insurance can be used when making multiple requests for school facilities while also satisfying the district’s insurance requirements. Certificate of Insurance: Staff Planning of Offsite Student Events/Activities


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Outside agencies and organizations often request Certificates of Insurance from the district’s insurance carrier. Requests for Certificates of Insurance are made when events and activities are hosted at non-district sites (e.g., athletic events at UCSB, beach cleanups sponsored by the city of Santa Barbara, marching band participation in community parades, car washes at gas stations). Approved activities are covered by district insurance but, to satisfy event organizer needs as well as the district’s own insurance carrier, proof of district insurance coverage—in the form of a Certificate of Insurance—may need to be provided. At least two weeks prior to an event/activity at a non-district location, the school instructor/coach who is responsible for organizing the event/activity needs to pick up a “Certificate of Insurance Request” form from their high school Athletic Office and fax the completed form to the district’s Business Office (fax: 805-963-1916). The district’s insurance carrier processes the request, then faxes and/or mails the certificate directly to the host agency/organization, thus permitting the instructor/coach to have the required certificate in advance of the event/activity. Before requesting a Certificate of Insurance, check the intranet as there are a number of annual certificates of insurance already available. See related information in this document: “Civic Center Use Of School Property” and “Booster Clubs: Parent-Teacher; School Foundations, and Other Community Organizations plus Q&A”

Sample form attached: “Request for Certificate of Insurance” P.E. UNIFORMS

A school district may require its students to purchase their own gym clothes of a district specified design and color so long as the design and color are of a type sold for general wear outside of school. Once the required gym uniforms become specialized in terms of included logos, school name or other characteristics not found on clothing for general use outside of school, they are considered school supplies and, as such, must be provided by the district free of charge. Thus, in the Santa Barbara Unified School District, a teacher/school cannot require the purchase of specialized P.E. uniforms. Schools and/or parent/booster organizations may sell P.E. uniforms for fundraising purposes only. If a school and/or parent/booster organization engages in the sale of P.E. uniforms, students/parents must be informed that: • they are not required to purchase those uniforms from the school and/or parent/booster

organizations in order to participate in P.E. classes;

• they have the option to purchase appropriate P.E. clothing from other sources (e.g., sporting goods stores);

• if a parent cannot afford the appropriate P.E. attire for their child, he/she should contact the school’s principal and the child’s needs will be met in a confidential manner.

See related information in this document: “Activity Fees” SCHOOL DIRECTORIES

To protect the privacy interests of pupils and parents, federal law has very specific and limited conditions under which student information may be released to persons outside of the educational agency. (34 C.F.R., Part 99 (Family Education Rights and Privacy Act “FERPA”). These regulations are codified in California Education Code, sections 49073-49079.7. Under FERPA, “Personally Identifiable Information” is information that cannot be disclosed by school administration or staff without permission from the parent or pupil, and is defined under federal law as,


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(a) The student's name; (b) The name of the student's parent or other family members; (c) The address of the student or student's family; (d) A personal identifier, such as the student's social security number, student number, or biometric

record; (e) Other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden

name; (f) Other information that, alone or in combination, is linked or linkable to a specific student that would

allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or

(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates. (34 CFR, Part 99.3)

Therefore, district staff should not be involved in creating or disseminating any type of parent directory for use outside of the district/school site administration. If a parent group, association, or non-profit wishes to create a directory, the group can ask parents directly for their contact information; it is the decision of the parents to provide information, not school administration or staff. SCHOOL TRUST ACCOUNTS

Donations or contributions to co-curricular or extracurricular programs should be made to the school’s Business Office, with a letter or notation of the program beneficiary and, if applicable, the purpose of the donation. For example, a check donation might say “San Marcos High School Band-transportation, (insert date of travel).” A monthly accounting of trust account income/expenses may be requested of the school Business Office. Financial records related to co-curricular program trust accounts are maintained in the school Business Office. Those financial reports are available to teachers, school advisors, coaches and booster groups raising funds for said trust account. If, for any reason, money deposited in the trust is not properly channeled to pay bills or is misdirected in any fashion, the principal and the district’s Business Office (805-963-4331, ext. 6296) should be notified immediately. See related information in this document: “Donations to School Programs and Proper Disbursement” STUDENT ABSENCES

Careful planning of co-curricular activities — in order to minimally impact time away from the classroom — is required in order to meet the state’s requisite instructional minutes. Students must meet the state-mandated number of instructional minutes in order to ensure that they receive the required educational program. TRANSPORTATION

See related information in this document: “Field Trips: Planning and Approval” VOLUNTEER HELP: FACILITIES

The Santa Barbara Unified School District is fortunate to have many community and parent volunteers who wish to make a difference at our sites through volunteer efforts.


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Before any physical alteration of school facilities begins, volunteers must have prior approval from the district’s Office of Facilities and Operations. This is necessary to ensure staff and student safety, compliance with applicable codes, environmental requirements, and structural integrity. In order to assist in the process of volunteer projects, a flow chart has been developed by the district. A copy of the “Volunteer Project Flow Chart” is located in the Attachments section of this document. Additionally, a “Volunteer Project Request Form” has been developed to help the district and the volunteers outline the project, thus insuring safety, quality, and compliance with state and district regulations. Forms can be obtained at each school site principal’s office. School site and district approvals must be obtained prior to beginning the project. Depending on the nature of the project, drawings and specifications may need to be attached when the “Volunteer Project Request Form” is submitted. See related information in this document: “Bids,” “Contracts,” and “Insurance: Liability Insurance and Certificate of Insurance”

Sample forms attached: Volunteer Project Request Form” and “Volunteer Project Flow Chart” VOLUNTEER HELP: QUALIFICATIONS and FINGERPRINTING

Parents/guardians and other members of the community are encouraged to share their time, knowledge, and abilities with students. Volunteer assistance in schools enriches the educational program, enhances supervision of students, and contributes to school safety while strengthening the schools’ relationships with the community. Community members are encouraged to serve as mentors providing support and motivation to students. Volunteers providing supervision or instruction of students shall give evidence of basic skills of proficiency. A person who is required to register as a sex offender pursuant to Penal Code 290 shall not serve as a volunteer instructional aide or as a volunteer non-teaching aide under the direct supervision of a certificated employee. A volunteer shall not be assigned to provide supervision or instruction of students unless he/she has submitted evidence of an examination within the past 60 days to determine that he/she is free of active tuberculosis (TB). Volunteers who skin test negative shall thereafter be required to take a TB test every four years in accordance with California Education Code. The superintendent or designee may exempt from TB testing requirements those volunteers who serve less than a school year and whose functions do not require frequent or prolonged contact with students. Our district’s Administrative Regulation 1240, “Volunteer Assistance,” includes information on fingerprinting:

“Only those volunteers who are not directly supervised by certificated employees must have fingerprint clearance. The district can only accept fingerprints on the district-approved form that its Personnel Office submits to the state Department of Justice. The cost of fingerprinting will be borne by the volunteer. “Volunteers may work intermittently on facilities projects (e.g., beautification projects) pursuant to Board of Education policy and administrative regulation. These volunteers are exempt from TB and fingerprint clearance requirements. “Fingerprinted volunteers will be covered under the districts’ liability policy for illness or accident while performing services as a volunteer.”


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Refer to our district’s Board Policy, Administrative Regulation, and Exhibit 1240, “Volunteer Assistance” WALK-ON COACHES

Individuals are not permitted to work with students in an on-going coaching capacity without first completing employment procedure paperwork with the district’s Office of Human Resources. THERE ARE NO EXCEPTIONS. It is the responsibility of the site athletic director, head coach, teacher, and/or principal to make certain that any individual(s) serving as a volunteer or paid walk-on coach comply with this requirement. Walk-on coaches are hired for an increment of one season. Their contracts are renewed on a season-by-season basis, contingent on the availability of funds and/or satisfactory performance. The process of securing and paying a walk-on coach includes the following: • Funding. The school district has a specific amount budgeted for the number of coaches, head

coaches, assistant coaches. If a school wants additional coaches, those positions must be paid for with funds raised by the team and submitted by the Associated Student Body (ASB) to the district’s Office of Human Resources for payment. ASB funds can not be used to supplement the district stipend in order to increase the total amount paid to a walk-on coach (e.g., choreography fees, additional time on task). Information on the amount of district funds budgeted for the current year for walk-on coach positions in a particular sport or program is available through the Office of Human Resources (805-963-4331, extension 6237).

• Candidate Selection and Expectations. Once funding has been determined, the teacher/head coach identifies a suitable candidate(s) to coach or instruct for a specific, identified need. Final approval of a walk-on coach is made by the principal of the school site. The job expectations for a walk-on coach are outlined by the teacher/head coach and their performance is monitored by the teacher/head coach, preferably in writing.

• Hiring Requirements, Office of Human Resources. A walk-on coach is provided a stipend by the district in order to assist with co-curricular or extracurricular activities. In order for a walk-on coach to receive the stipend budgeted for the position that he/she has accepted, the individual must first comply with district employment requirements, such as: fingerprints, tuberculosis test, completion of W-4 forms and other documents, and must attend a mandatory coaching meeting.

BEFORE a walk-on coach can work with students or expect to be paid, all employment-required paperwork must be completed. If the paperwork has not been completed, the coach will not be paid. This is state law.

• Stipend Payment. A walk-on coach stipend is not intended to serve as a salary or wage. A stipend payment is a small amount intended to offset what is, in part, a volunteer position. Depending on the sport or activity, walk-on coaches are paid at the end of the season. In order for the district’s Office of Human Resources to process walk-on coach stipend payment(s), all employment hiring requirements must have been met and the appropriate “Walk-On Coach Approval Form” must have been signed by the principal and submitted to the district’s Office of Human Resources.

In order to promote consistency and parity within the Santa Barbara Unified School District, no supplements, bonuses, or other forms of compensation are permitted to be added to district-provided walk-on coach stipends (or other district employment positions), either by school officials or booster organizations. In addition to raising issues of intra-district parity, it is conceivable that a


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booster club and it’s officers bear a potential risk of personal liability for problems that may arise if they engage in the hiring of walk-on coaches. In the event that a booster organization would like to support a co-curricular activity by supporting a walk-on coach position (beyond those that are budgeted by the district), a formal request should be made to the district’s Office of Human Resources. If approved, the request will be processed by Human Resources. The stipend must be prepaid to the Santa Barbara Unified School District and directed to the district’s Business Office, 720 Santa Barbara Street, Santa Barbara, CA 93101. See related information in this document: “Booster Clubs, Parent-Teacher, School Foundations, and Other Community Organizations plus Q&A”

Sample form attached: “Request for Coaching/Co-curricular Activity Approval”


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Attachments

For the purpose of identification, samples of the appropriate forms and information noted in this document are provided here. They are presented in order of topic. The actual required form(s) may be on multi-copy NCR paper. Please contact either the school principal or the associate superintendent for the actual form(s).

Refer back to page

Forms and/or Additional Information

5 Activity Fees “Student Fees Revisited,” The Fiscal Report, Vol. 25, No. 3, February 4, 2005

7 Booster Clubs, Parent-Teacher, School foundations, and Other Community Organizations plus Q&A

“Booster Club Information Form”

10

Civic Center Use of School Property “Civic Center Application and Permit Instructions”

“Application and Permit For Civic Center Use of Site Property”

Santa Barbara Unified School District’ Administrative Regulation 1330, “Use of School Facilities”

13 Consultants versus Employees FCMAT’s ASB Accounting Manual “Chapter 15 – Employees and Consultants”

14 Donations to School Programs and Proper Disbursement “Gift Acceptance Form”

15 Field Trips: Planning and Approval “Student Transportation Form” and “Student Transportation Checklist”

17 Fundraising Projects plus Q&A

“Booster Club Information”

Swank Motion Pictures

20 Insurance: Liability Insurance and Certificate of Insurance “Request for Certificate of Insurance”

23 Volunteer Help: Facilities

“Volunteer Project Request Form”

“Volunteer Project Flow Chart”

24 Walk-on Coaches “Request for Coaching/Co-curricular Activity Approval”

Copyright © 2005 School Services of California, Inc.

Volume 25 For Publication Date: February 4, 2005 No. 3

Student Fees Revisited

We have continued to receive questions regarding the authorization for local education agencies(LEAs) to charge student fees. We have resurrected an article written in 2003 as a guide fordistricts to use in determining which fees are allowed and which are not allowed. LEAs continueto explore different avenues to increase revenues to compensate for the loss in state and federalfunding due to the current fiscal and economic environment. The ability of LEAs to compensatefor the revenue loss is fairly restrictive, given the limited options allowable through the chargingof student fees. We continue to recommend that the decision to charge student fees shouldinclude a conversation with the district’s legal counsel. The court case filed by a parent insouthern California resulted in an unfavorable judgment against the district involved in thelitigation. This was a precedent-setting case, so LEAs should take steps locally to ensure that theguidelines are followed to eliminate or, at a minimum, reduce the risk of noncompliance with thelegal aspects of student fees.The article from 2003 follows.

—Michele Huntoon, CPA, and John Gray

Student Fees

In 1997, the California Department of Education (CDE) issued its most recent guide to fees,deposits, and other charges. Fiscal Management Advisory 97-02 states that, “a pupil enrolled in aschool shall not be required to pay any fee, deposit, or other charge not specifically authorized bylaw. [Ref. California Code of Regulations, Title 5, Article 3, Section 350] With this language,the State Board of Education made clear that fees are not to be imposed except wherespecifically authorized by law.” The advisory goes on to say, “the Attorney General has, inseveral opinions, consistently ruled that school districts do not have authority to levy fees for anyelective or compulsory class. Further, districts may not require security deposits for locks,lockers, books, class apparatus, musical instruments, uniforms, or other equipment.”

So What Fees are Authorized by Law?

The Education Code specifically authorizes certain fees. Therefore, we believe that districts maycontinue to levy fees as authorized by the Education Code:

1. Fees that a district may collect for furnished materials to a pupil for items the pupilhas fabricated from such materials for his or her own use. That is, the fee may becharged for fabricated items taken home, but not otherwise. These fees may notexceed cost. (Education Code Section 17551)

2. Charges for food served to pupils. (Education Code Sections 38084)3. Charges to the parent or guardian of any pupil who loses a book or defaces books or

other school property. (Education Code Section 48904)4. Charges for field trips or excursions, principally for transportation. The authority to

charge a fee for field trips or excursions is not directly stated in the Education Code.Rather, it provides that “No pupil shall be prevented from making a field trip orexcursion because of lack of sufficient funds.” (Education Code Section 35330)

5. Districts must make medical, hospital, or accident insurance available to pupils whomay be injured while participating in field trips and the cost of the insurance may bepaid by the pupil or his parents. (Education Code Section 35331)

6. Governing boards may expend from the general fund of the district any money whichis budgeted for community services to establish and maintain community serviceclasses. They may charge student fees not to exceed the cost of maintaining suchclasses. (Education Code Section 51815)

7. A governing board may charge a tuition fee to adults for any class except classes inEnglish and citizenship for foreigners, classes in elementary subjects, and classes forwhich high school credit is granted when taken by a person not holding a high schooldiploma. (Education Code Section 52612)

8. Districts must provide, and each member of an athletic team must have, accidentaldeath, injury, and medical insurance coverage. The cost of such insurance may bepaid by the pupil unless the pupil is unable to pay for such insurance. (EducationCode Sections 32220-32224)

9. A school district may require a deposit from a borrower of school band instruments,music, uniforms, and other regalia for use on an excursion to a foreign country.(Education Code Section 38120)

10. Pupils whose parents are actual and legal residents of an adjacent foreign country oran adjacent state shall be charged a tuition fee. (Education Code Sections 48050 and48052)

11. The regulations of the governing board may provide for the sale of materialspurchased from the incidental expense account to pupils in classes for adults, for usein connection with such classes. The proceeds of all such sales shall be deposited inthat account (Education Code Section 52615).

12. A high school district board may charge for textbooks used in classes for adults orimpose a refundable deposit on loaned books. (Education Code Section 60410)

13. The governing board of a school district may charge a fee for school camp programs,provided that payment of such fee is not mandatory. No pupil shall be denied theopportunity to participate in a school camp program because of nonpayment of thefee. (Education Code Section 35335)

14. Families utilizing child care and development services shall be charged a fee by theschool district, but no fees shall be assessed against families whose children areenrolled in the state preschool program, or for such services provided to severelyhandicapped children (Education Code Sections 8263(e) (f) and 8250(d)). Standardsfor fees appear in Education Code Section 8265. The school district may also imposea fee for a program of supervision of children before and after school. (EducationCode Section 8487 and 8488)

15. School districts may offer a fingerprinting program for children in kindergarten ornewly enrolled children and shall assess a fee to the parent or guardian who choosesto participate. (Education Code Section 32390)

16. Education Code Section 39807.5 allows school districts to charge parents a fee forhome-to-school transportation provided to their children by the district. On aconstitutional challenge, the California Supreme Court in Arcadia School District v.State Department of Education upheld the transportation fee statute. According to thecourt, permitting school districts to charge parents and guardians for thetransportation of students to and from school does not violate the CaliforniaConstitution free school guarantee. Unlike the extracurricular activities held to be freein Hartzell v. Connell, the Court ruled that transportation is neither an educationalactivity nor an essential part of school activity, but is a service offered by a schoolagency. Home-to-school transportation is therefore not included within the freeschool guarantee. However, Education Code Section 39807.5 provides that no feesmay be charged to the children of indigent parents, nor may fees be charged forchildren whose special education individualized education program (IEP) requiresspecial education transportation.[1]

A good portion of the above allowable fees and charges were taken directly from FiscalManagement Advisory 97-02. It should be noted that some of the Education Code referenceshave changed since it was issued in 1997. We have updated the Education Code references forthis article.

So When Can I Definitely Not a Charge a Fee?

According to Fiscal Management Advisory 97-02, the following are items for which you cannotcharge a student fee:

1. Deposits for lost or damaged school property.2. An admission charge to an exhibit, fair, theater, or similar activity for instruction or

extracurricular purposes when a visit to such places is part of the district’seducational program.

3. A tuition fee or charge as a condition to enrollment in any class or course ofinstruction, including a fee for attendance in a summer or vacation school, aregistration fee, a fee for a catalog of courses, a fee for an examination in a subject, alate registration or program change fee, a fee for the issuance of a diploma orcertificate, or a charge for lodging.

4. Student body membership fees as a condition for enrollment or participation inathletic or other curricular or extracurricular activities sponsored by the school.

5. Charging an apprentice, or his or her parents or guardian, for admission or attendancein any class.

6. Textbooks and workbooks must be furnished without charge by elementary and highschool districts except for classes for adults. A charge may not be made for their use.(Education Code Sections 60070 and 60410)

7. All school supplies that are necessary for participation in the class. This includespaper, pencils, pens, crayons, art supplies, cloth for dressmaking classes, wood forcarpentry, etc.

8. Standardized gym suits for physical education classes, when not wearing thestandardized clothes would affect the student’s grade.

It is important to remember that offering waivers for financial hardship does not make any of theabove items a legally chargeable fee. The recently settled lawsuits in Southern California allinvolved fees for extracurricular activities, such as fees for uniforms for cheerleading. On April20, 1984, the California Supreme Court decided, in Hartzell v. Connell, 35 Cal.3d 899, that apublic school district may not charge fees for educational programs simply because they aredenominated “extracurricular,” even when a fee waiver was available, since requiring a lowincome pupil to apply for a waiver is discriminatory. In the lead opinion, the court concluded that“the imposition of fees as a precondition for participation in non-statutory educational programsoffered by public high schools on a noncredit basis violates the free schools guarantee of theCalifornia Constitution and the prohibition against school fees contained in Title 5, Section 350of the California Administrative Code.” (This is now the California Code of Regulations.)The imposition of student fees is definitely a complex issue and is on the radar screen forattorneys representing parents. So if you are considering adding a student fee or are not sure ofthe legality of one that you are currently charging, we recommend that you consult your agency’slegal counsel.We would like to thank Caryn Becker from CDE for sharing her expertise for this article.

—John Gray and Michele Huntoon, CPA

[1] Reference: California State Board of Education Program Advisory, “School Transportation Fee Exemption for Handicapped Children and Pupils Whose Parents or Guardians are Indigent,” adopted by the State Board of Education on June 9, 1995.

http://sscal.com/fiscal/2005Feb/0204stud.htm

http://sscal.com/fiscal/2005Feb/0204stud.htm

BOOSTER CLUB INFORMATION FORM

School name: __________________________________________________________________________

Name of organization: ___________________________________________________________________

Officer names, addresses, and phone numbers:

President: _______________________________________________________________________

_____________________________________________________________

Vice President: _______________________________________________________________________

_____________________________________________________________

Secretary: _______________________________________________________________________

_____________________________________________________________

Treasurer: _______________________________________________________________________

Is the club/group registered with the IRS and Franchise Tax Board? (check one)

Yes…If so, list Federal Employer I.D. Number: ______________________________________

No

Will the club/group need to use district facilities? (check one)

Yes No

The club/organization’s annual fundraising plan is attached.

The signature below indicates that our group’s officers have read and understand the Santa Barbara School Districts’ “Planning Guidelines for Co-curricular Activities.”

_____________________________________ _______________________________ President Date

CIVIC CENTER APPLICATION AND PERMIT INSTRUCTIONS

• The civic center office will notify you of the total amount of fees due after your application has been processed. All fees are due prior to permit approval. Upon receipt of all fees and permit approval you will be furnished with an approval letter and copy of the approved application/permit.

• You are required to provide a certificate of liability insurance with minimum limits of $1,000,000 ($2,000,000 if requesting pool use). In addition, the Santa Barbara Unified School District is to be named additional insured. Certificate holder should read:

Santa Barbara Unified School District Attention: Civic Center Coordinator 720 Santa Barbara Street Santa Barbara, CA 93101

• Please submit the $29 application fee and the “Application and Permit for Civic Center Use of School Site Property” and the certificate of insurance. The application and permit will be returned to you if the certificate is not attached.

• Pool Use: When requesting pool use, certified lifeguards are required. Please attach name(s) and certification held for the lifeguard(s) you intend to use. Please contact the civic center coordinator to discuss number of lifeguards required.

• The school site must be listed on the application. Be sure all dates are listed.

• Please be sure to give a complete description of your intended use of the facility. If the students are involved, please provide the age group of the children.

• One of the boxes under “admission charge” must be checked. If admission is charged, be sure to fill in the amount, and describe how the proceeds will be used.

• Please submit ALL three pages of the Civic Center Application prior to use

Call the civic center coordinator at (805) 963-4338, ext. 6305, if you have any questions.

__

Santa Barbara Unified School District Distribution: Business Office Today’s Date ___________________ Applicant Business Office

School 720 Santa Barbara Street Accounting Santa Barbara, CA 93101

APPLICATION AND PERMIT FOR CIVIC CENTER USE OF DISTRICT PROPERTY

Organization __________________________________________________________________Permit Application #_____________________(Number issued by District)

Represented officially by _____________________________________________________________________________________________(Name and Title)

Type of Organization_________________________________________________________________________________________________(Civic, Social, Recreational, Governmental, Commercial, etc.)

Hereby applies for permission to use facilities at ___________________________________________________________________________(Site Name)

If you are a Non-Profit, provide # ____________ If requesting a stadium, field or pool, is this a night event requiring lights? Yes ____ No____

Facilities Requested:□ Cafeteria □ Parking Lot □ Swimming Pool □ Athletic Field (please describe)

□ w/kitchen □ Band or Specialty Room □ Gymnasium □ Stadium □ Auditorium □ Classroom □ Track □ Outdoor Courts (please describe)

Other Facility_______________________________________________________________________________________________________

Dates: From ___________________ To _______________ Days of Week _______________________ Hours: From _______ To _________

Is this a youth activity? Yes _____; No _____: If yes, provide ages of children: _________________________________________________

If recreation league, are you requesting the per team per season rate? Yes___; No:__, Number of teams: Elementary____; Secondary______

No. of Attendees ________ Rehearsal Dates: From ____________ To __________ Days of Week ___________________ Hours _________ (If applicable)

Nature or type of use ________________________________________________________________________________________________

Name of Speaker _______________________________________________ Topic ______________________________________________

If admission fee is to be charged, state specifically what proceeds are to be An admission charge or collection expended for: ________________________________________________

□ will be made □ will not be made Amount $ ___________ ___________________________________________________________

Except as otherwise provided by Education Code § 38134(a), applicant hereby agrees to hold the Santa Barbara School Districts, the Board of Education and individual members thereof, and all district officers, agents, and employees free and harmless from any loss, damage, liability, cost or expense that may arise during or be caused in any way by such use or occupancy of the site facilities. The permittee hereby agrees to abide by the laws, and with the rules and regulations covering use of site property.

BOARD OF EDUCATION RULES AND REGULATIONS

In conformance with sections 38130 to 38139 of the Education Code, the Board of Education of the Santa Barbara Unified School District has adopted the following rules and regulations covering the use of school facilities for other than school purposes:

RULES AND REGULATIONS FOR USE OF SITE PROPERTY FOR PUBLIC PURPOSES AND AS A CIVIC CENTER

1. Use and occupancy of school property shall be primarily for public school purposes. Any authorized use or occupancy of the property for other than public school purposes shall be secondary and subordinate to this primary purpose.

2. Pursuant to Article IX, Section 87, of the California Constitution, no use or occupancy of site property shall be permitted for or in aid of any religious purpose, nor shall any sectarian or denominational doctrine be taught, or instruction thereon be permitted, directly or indirectly, at any meeting on site property, except as otherwise provided for by Education Code section 38131(a)(3).

3. No use or occupancy of any site property shall be permitted if the Board of Education in the exercise of its discretion determines that such use or occupancy is prohibited by law, or that such use or occupancy will interfere with the use of the property for school purposes, or that it will result in picketing, rioting, or other disturbance of the peace, or in damage to the property which will render it unfit for or will interfere with its proper use for school purposes.

4. The Board of Education may require that it be furnished reasonably in advance with a complete program, with copies of all speeches and addresses and script of any entertainment proposed to be given on site property. If such copy reasonably demonstrates that the program would be in violation of law or of these rules, the proposed use shall not be permitted.

5. All individuals, groups or organizations in their use or occupancy of school property shall comply with all applicable laws, rules and regulations. Any use contrary to or in violation of any law, rule or regulation shall be grounds for cancellation of the permit and removing the users from the property, and shall bar such individual, group or organization from further use thereof.

6. The Business Office of the Santa Barbara School Districts is authorized to issue all permits for the use and occupancy of school property by all individuals, groups or organizations. Such permits will be issued only at the Business Office. If the authorized agent of the Board has any question as to the propriety of the request or proposed use, he/she shall not issue a permit but shall refer the application to the Board of Education for its consideration and action. The applicant in its application shall state the date of use requested; the hour of opening and closing; the title and nature of the entertainment, if an entertainment; the name of the organization for which the applications made; and the name of the owner, producer, or controlling agency if other than the applicant.

7. Permission to use site facilities shall be granted in accordance with a schedule of charges authorized by the Board of Education. Copies of the schedule are available in the Business Office.

8. Requests for the use of cafeteria facilities shall be considered only when authorized cafeteria personnel in the Santa Barbara School Districts can by present to supervise the activity.

9. Vending any articles shall not be permitted at any use or occupancy of the site property for civic center purposes without permission having been previously granted.

10. Except as otherwise provided by Education Code § 38134(a), any individual, group or organization using school property for civic center or other purposes shall hold the Santa Barbara School Districts, the Board of Education and individual members thereof, and all District officers, agents and employees free and harmless from any loss, damage, liability, cost or expense that may arise during or be caused in any way by such use of occupancy of school property.

11. Site furniture or apparatus shall not be removed or displaced by any permittee without permission and without supervision of the District employee in charge.

12. Site property shall be protected from any damage or mistreatment and permittees shall be responsible for the condition in which they leave site premises. In case school property is damaged, the cost thereof shall be paid by the permittee.

13. Permits shall not be granted for personal or individual use of site property or equipment.

14. Upon receipt of notice that a permit has been issued to a non-school agency for use, the principal in charge of the site shall designate a regular employee to open the building, to be in charge during the use, and to close the building after the use, such costs to be borne by the user. The District employee in charge of the building or grounds within or upon which any meeting is held is empowered to take all necessary means to enforce these rules. However, it shall be the responsibility of the permittee to see that there is such special police protection as may be necessary for adequate control.

15. Any permit may be revoked where conflicting dates have resulted or where need of the property for public school purposes has subsequently developed.

16. For the required review of qualifications under the law, applicable charges, and dates and locations requested, applications should be submitted at least two weeks in advance.

17. Admission to all meetings held in site buildings shall be limited to the seating capacity of the room, auditorium or cafeteria authorized for such us. Tickets may be sold and/or issued for authorized seating capacity only.

18. No permit for the use of site property shall be granted to any individuals for any purpose which would discriminate against persons because of their race, color or creed.

19. Site premises shall not be used by groups later than 12 o’clock midnight.

20. Only the authorized holder of the permit shall distribute any literature or other material at a civic center meeting.

21. Whenever the use of site premises without a rental fee is permitted, it is understood that there shall be no admission charge made, no solicitation of funds, no free will offering, and no sale of literature or other articles by the organization using the school facilities.

22. If free use is granted, as provided in the Civic Center Act, the meeting shall be non-exclusive and shall be open to the general public.

23. Juvenile organizations must have adequate adult sponsorship.

24. A permit for use of any site facilities is non-transferable.

25. Site premises shall not be used by any person, group or organization as political campaign headquarters for any purpose.

26. No gratuities shall be given to or accepted by custodians, administrators, or other site personnel. All cost for services of custodians, cafeteria help, stage crews, etc., shall be billed to user by the Business Office.

27. The use of profane language, possession of or use of intoxicating liquors, fighting, betting or any form of gambling, conducting a raffle or lottery, all are expressly prohibited. The use of tobacco in any form is prohibited inside site building.

_____________________________________________________________________________________________

____________________________________________________________________

STATEMENT OF INFORMATION

“The undersigned states that the organization applying for use of the property upholds the United States and California Constitutions, and that the site property for the use of which application is hereby made will not be used for the commission of any act which is prohibited by law, or for the commission of any crime. I certify (or declare) under penalty of perjury that the foregoing is true and correct.”

I have read the rules and regulations relating to use of site buildings and accept responsibility for meeting the requirements stated therein.

Applicant’s signature ____________________________ ______________________ Authorized Signature

Print Name __________________________________________________________

Business Phone____________ Home Phone____________ Cell Phone __________

Address _______________________________________________ _____________

City ___________________________________ State _________Zip Code_______

Billing Address if Different_______________________________________________

THIS APPLICATION IS NOT APPROVED UNTIL SIGNED BY THE DEPUTY SUPERINTENDENT, BUSINESS SERVICES, OR DESIGNEE AND PAYMENT OF ALL FEES LISTED BELOW UNDER TOTAL CHARGES

THE DISTRICT DOES NOT ISSUE REFUNDS ON UNUSED RENTAL HOURS OR SERVICES

See Administrative Regulation 1330 for Schedule of Fees for Use of School District Property http://www.sbsdk12.org/board/policies/1000/AR1330.pdf

Applicant, do not write below this Line.

DISTRICT OFFICE USE ONLY □ Approved Date _____________________ 20______ (upon payment of all fees)

□ Disapproved Reason: __________________________________________________________________ Date_________________20_____

By_________________________________________________________________ Deputy Superintendent, Business Services or designee

SCHOOL SITE CONFIRMATION OF SPACE AVAILABILITY

By ________________________________________ Title: ____________________________________ Site Comments/Restrictions:

Date _________________20_____ Custodial Hours________ Theater Manager Hours - Certificated_______Classified_______

Application Fee Received □ - Date ____________________20______ Date Sent to Site ____________________________20______

Certification of Insurance received □ - Expiration Date _____________________20____ Permit Application #____________________

Application Fee: __________ Custodial Fee ___________ Theater Manager Fee_____________ Speciality Services Fee _____________

Event Lighting Fee_________ Rental Fee: _______________ ______________________________________________________________

Total Charges___________________ Date Total Charges Received ______________________20_______

Notes: ___________________________________________________________________________________________________________

Rev. 10/09 This Document Contains 3 Pages

Santa Barbara Unified School District Administrative Regulation

Community Relations AR 1330 USE OF SCHOOL FACILITIES Application for Use of Facilities Any persons applying for the use of any school facility or grounds on behalf of any society, group, or organization shall present written authorization from the group or organization to make the application.

Persons or organizations applying for the use of school facilities or grounds shall submit a statement of information indicating that the organization upholds the state and federal constitutions and does not intend to use school premises to commit unlawful acts. Civic Center Use Subject to district policies and regulations, school facilities and grounds shall be available to citizens and community groups as a civic center for the following purposes: (Education Code 32282, 38131)

1. Public, literary, scientific, recreational, educational, or public agency meetings 2. The discussion of matters of general or public interest 3. The conduct of religious services for temporary periods, on a one-time or renewable basis, by any

church or religious organization 4. Child care programs to provide supervision and activities for children of preschool and elementary

school age

(cf. 5148 - Child Care and Development) (cf. 5148.2 - Before/After School Programs) (cf. 6300 - Preschool/Early Childhood Education)

5. The administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies

6. Supervised recreational activities including, but not limited to, sports league activities that are arranged for and supervised by entities, including religious organizations or churches, and in which youths may participate regardless of religious belief or denomination

7. A community youth center

(cf. 1020 - Youth Services)

8. Mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare.

(cf. 0450 - Comprehensive Safety Plan) (cf. 3516 - Emergencies and Disaster Preparedness Plan)

9. A ceremony, patriotic celebration, or related educational assembly conducted by a veterans' organization.

A veterans' organization means the American Legion, Veterans of Foreign Wars, Disabled American Veterans, United Spanish War Veterans, Grand Army of the Republic, or other duly recognized organization of honorably discharged soldiers, sailors, or marines of the United States, or any of their territories. (Military and Veterans Code 1800)

Use of School Facilities – Administrative Regulation 1330 Page 1 of 5

10. Other purposes deemed appropriate by the Governing Board.

The district may grant the use of school facilities on those days on which the public school is closed. (Education Code 37220) (cf. 6115 - Ceremonies and Observances) Restrictions School facilities or grounds shall not be used for any of the following activities:

1. Any use by an individual or group for the commission of any crime or any act prohibited by law. 2. Any use which is inconsistent with the use of the school facility for school purposes or which

interferes with the regular conduct of school or school work/ 3. Any use which involves the possession, consumption, or sale of alcoholic beverages or any restricted

substances, including tobacco use. The Governing Board prohibits the use of products containing tobacco and/or nicotine, including, but not limited to, smokeless tobacco, snuff, chew, clove cigarettes, and electronic nicotine delivery systems, such as electronic cigarettes, electronic hookahs, and other vapor emitting devices, with or without nicotine content, that mimic the use of tobacco products any time, in charter school or school district-owned or leased buildings, on school or district property, and in school or district vehicles.

(cf. 3513.3 - Tobacco-Free Schools)

4. Any use which is discriminatory in the legal sense. No permit shall be granted to any individuals for any purpose which would discriminate against persons because of their race, color, or creed.

(cf. 0410 – Non discrimination in district programs and activities)

The district may exclude certain school facilities from non-school use for safety or security reasons. Damage and Liability Groups using school facilities pursuant to Education Code 38134 shall sign an agreement acknowledging the risk allocation provisions of Education Code 38134, which states, in pertinent part:

"Any school district authorizing the use of school facilities or grounds under subdivision (a) shall be liable for any injuries resulting from the negligence of the district in the ownership and maintenance of those facilities or grounds. Any group using facilities or grounds under subdivision (a) shall be liable for any injuries resulting from the negligence of that group during the use of those facilities or grounds. The district and groups shall each bear the cost of insuring against its respective risks and shall each bear the costs of defending itself against claims arising from those risks."

Groups, organizations, or persons using school facilities or grounds shall be liable for any property damages caused by the activity. The Board may charge the amount necessary to repair the damages and may deny the group further use of school facilities or grounds.

Groups or organizations shall provide the district with evidence of insurance against claims arising out of the group's own negligence. Groups or organizations shall also be required to include the district as an additional insured on their liability policies for claims arising out of the negligence of the group.

As permitted, the Superintendent or designee may require a hold harmless agreement and indemnification when warranted by the type of activity or the specific facility being used.


Timelines The completed Application and Permit for Civic Center Use of Site Property and appropriate proof of insurance should be submitted to the Civic Center Office at least 15 working days prior to the requested use date.

Upon receipt of a completed application, the Civic Center Office will immediately forward the application to the site for confirmation of space availability and identification of required staff hours for the event. Site administrators shall return the original copy of the Application and Permit for Civic Center Use of Site Property to the Civic Center Office within three working days to confirm the availability of space and the identification of required staff hours for the event.

Upon receipt of the Civic Center permit from the site indicating space availability and required hours, the Civic Center Office shall assign fees and contact the applicant for payment. Upon receipt of payment for all fees an approval letter will be furnished or mailed to the applicant within three working days. Upon receipt of the Civic Center Permit from the site indicating space or staff non-availability, the Civic Center Office shall mail a letter to the applicant within two working days. Schedule of Fees for Use of School Property Under the Civic Center Act, fees shall be charged in accordance with the Board adopted Civic Center Rate Schedule. The Civic Center Rate Schedule is based on the following categories of activities: Free Use (excluding application fee; including applicable custodial fees) Meetings of Santa Barbara Unified School District’s employee organizations whose membership is

composed solely of district employees. Agencies covered in a joint use agreement or memorandum of understanding. Governmental agency requests for special public meetings and polling. PTA/PTO and Board approved fundraisers. PTA/PTO-sponsored activities for youth. Meetings of Santa Barbara Unified School District parent-teachers’ associations, school-community

advisory councils, and foundations. Santa Barbara Unified School District alumni association meetings. Training and testing for law enforcement agency personnel when the agency provides school

resource officers. Except for uses governed by Education Code 38134, Subdivision (d) and (e) for which mandatory

fees are specified, any other special usage judged by the Superintendent to advance the educational goals and/or programs of the district for which fees would not be appropriate.

Direct Cost Use Nonprofit organizations, clubs or associations organized to promote activities for school aged

children when the activity involves student participation. Public, literary, scientific, recreational, educational, or public agency meetings The discussion of matters of general or public interest Child care or day care programs to provide supervision and activities for children of preschool and

elementary school age The administration of examinations for the selection of personnel or the instruction of precinct board

members by public agencies A community youth center Supervised recreational activities including, but not limited to, sports league activities for youths that

are arranged for and supervised by entities, including religious organizations or churches, and in which youths may participate regardless of religious beliefs or denomination


Conduct of religious services for temporary periods, on a one-time or renewable basis, by any church or religious organization that has no suitable meeting place for the conduct of the services

Nonprofit organizations, clubs or associations organized to promote activities for school aged children and/or adults will be charged 1.5 times the Direct Fee rate (rounded) when the activity involves non school aged children.

Fair Market Value Use Use other than the categories described above for free and direct cost use. Entertainment or meetings where admission fees are charged or contributions are solicited and the

net receipts are not expended for the welfare of the students of the district. Schedule of Fees for Use of School Property A $29 application fee is required of all permits applications. (Refundable if not approved). As a condition of auditorium use for rehearsal and/or a performance which requires the use of stage

lighting and sound systems, the applicant must satisfy the site administration that the group has staff or has hired a person or persons with sufficient demonstrated knowledge and expertise to operate the sound and light equipment. At certain sites, as a condition of approval, a site theater manager for specialty services assistance may be required.

Specialty Services Assistance (kitchen, etc.) is $36 per hour in addition to fees noted below. Applicable custodial fees are $30 per hour in addition to fees noted below. All fees are per hour unless noted otherwise. The district does not issue refunds on unused rental hours or services.



School Facility Location Direct Fee Fair Market Classroom All $12 $46

Elementary

$29 For recreation league use, $58 per team per season

$69

La Colina/Goleta Valley $174 half day $348/day $345 half day $690/dayLa Cumbre $258 half day $516/day $519 half day $1.038/day

High School $345 half day $690/day $690 half day $1,380/day

Auditorium

Rehearsal rate is one-half the above-listed rate. Half day is 4 hours or less. Elementary $23 $58

Elementary w/kitchen $46 $81 Secondary $40 $72

Cafeteria

Secondary w/kitchen $63 $114 Adult Use $23 $46

Elementary age

$6 For recreation league use, $115 per team per season

$23

Athletic Field

Secondary age

$12 For recreation league use,$230 per team per season

$46

25 yd x 25 m $29 $173 25 yd x 38 m $44 $259 25 yd x 50 m $58 $345

Additional with lights $29 $58

Swimming Pool Lifeguard services are not provided but are required.

Fee may be equally shared for use by two organizations (same time period).

Parking Lot $12

or $69 per day $29

or $173 per day

Outdoor Basketball Courts group of courts per site

$6 or $35 per day

For recreation league use, $29 per team per season

$29

or $173 per day

Outdoor Tennis Courts group of courts per site

$12 or $69 per day

For recreation league use, $58 per team per season

$58

or $345 per day

Band or Specialty Room $29 $58 High School Gymnasium $58 $115 La Cumbre Track $12 $ 46

$58 $173 Additional with lights $40 $80

High School Stadium Additional amount for DPHS and SMHS

tracks

$29 Track can be rented w/o

stadium for practice

$115

SANTA BARBARA UNIFIED SCHOOL DISTRICT Santa Barbara, California May 28, 2010 (Board Brief); April 29, 2011 (Board Brief); December 10, 2013

Chapter 15 Chapter 15 – Employees and Consultants Overview In certain circumstances, the ASB will hire someone to perform some services on behalf of the students. For example, the ASB may hire extra custodial help after a school carnival or an ASB could hire a disk jockey for a school dance. All of these individuals will be paid, and the question is, “What is the legal and proper method to compensate them?”

When people are paid to assist the ASB, they are compensated either as an employee or as a consultant. The Internal Revenue Service has regulations on when someone may be paid as an employee and when the individual may be paid as a consultant. This chapter includes the criteria for determining who is an employee and who is a consultant, the best method of payment, and federal reporting requirements.

ASB Employees Because the ASB organizations legally are a part of the school district, anyone hired by the ASB as an employee becomes an employee of the district with requirements for mandatory fingerprint security and oath of allegiance certifications. The district’s personnel department can provide the best counsel and guidance in these areas. As a best practice, this department would help and as-sist the ASB with any personnel that it may wish to hire.

The business office and the personnel department also should be available to help the students, ASB advisor and principal determine employee vs. consultant status on a case-by-case basis.

Good Business Practices for ASB Employee Payroll Management Employees hired by, or on behalf of, the ASB are paid through the district’s normal payroll pro-cess. The individual fills out the standard time card used by other district employees who work in a similar capacity. This time card is processed with the regular district payroll. The business department will bill the ASB for the cost of the salary plus associated benefits. The payroll de-partment also will ensure that it obtains all of the appropriate documents in order to pay the individual.

Someone who works for the district and also performs extra duties for the ASB must be paid as an employee. For example, if the school secretary types the school play in the evenings for $15 an hour, she must be paid on the district’s payroll because she is already an employee of the school district. In addition to determining if this additional work assignment is subject to overtime pay, the central office would determine if any collective bargaining parameters must be considered. The ASB may not write a check out of ASB funds to pay her for this additional work.

In summary, in order to ensure that proper legal requirements are met for ASB employees, it is recommended that the district require all ASB employees to be district employees. As with all district employees, there are requirements relating to employability and immigration status, mandatory fingerprint security certifications and oath of allegiance requirements. The district’s personnel department can provide the best counsel and guidance in these areas. As a best prac-tice, the personnel department should help the ASB with all personnel that it may wish to hire.

CHAPTER 15 – EMPLOYEES AND CONSULTANTS 89

The department can consider whether district regulations, personnel commission rules or collec-tive bargaining provisions govern the choice of district employees to perform these extra func-tions for the ASB.

Guidelines for Employee vs. Consultant Status Determination The following are IRS guidelines for making the distinction between employee and independent contractor. If the answer to any of these questions is yes, then the ASB organization should clas-sify the worker as an employee, with payment being made through the district payroll process.

1. Does the ASB organization provide the worker with instructions on how to do the work? For example the following are all instances that imply either independent determination by consultant or dependent status of employee: • When and where to do the work • What tools or equipment to use • What workers to hire to assist with the work • Where to purchase supplies and services • What work must be performed by specified individuals • What order or sequence to follow

2. Does the ASB organization provide the training for the worker?

3. Is the worker’s service a vital part of the ASB operations?

4. Is the worker responsible for hiring, supervising, and paying assistants?

5. Does the worker perform services for the ASB on a regular and continuous basis?

6. Does the worker delegate work to others within the ASB or district?

7. Does the ASB organization set the hours of service for the worker?

8. Does the worker work full-time for the ASB?

9. Is the worker reimbursed for business and travel expenses?

10. Does the ASB provide the equipment and tools for the worker?

11. Can the worker end the relationship with the ASB without incurring a liability or obliga-tion?

Consultants If someone is not already an employee of the school district, the ASB must determine whether that person legally is considered an employee or an independent contractor under the IRS regu-lations. Independent contractors frequently are called consultants within the school district community. Because it is sometimes difficult to make this determination, some districts have

ASSOCIATED STUDENT BODY ACCOUNTING MANUAL 90

chosen to require the ASB to hire all extra help as employees of the school district and pay them through the regular payroll process. However, neither the federal government nor the IRS has that stringent a set of mandates.

Federal Tax Reporting Requirements for Consultants If the ASB organization determines that it will pay the worker as an independent contractor, the ASB bookkeeper should obtain a W-9 Taxpayer Identification form from the worker prior to the beginning of their work. These W-9 forms are available from the district business office.

Good Business Practices for ASB Consultant Federal Tax Reporting The ASB organization is obligated by law to issue a Form 1099 to workers who were paid as independent contractors during the year. Because the district also issues 1099s at the end of the calendar year, it is most efficient for the district business office to issue all 1099s for the ASB. The ASB will provide information on the independent contractors to the district business office; the district business office will then issue the 1099s for the ASB independent contractors.

Summary Payment Techniques – Employee and Consultant The following is a summary of how ASB workers are paid once the ASB has determined whether the workers are employees or independent contractors. In secondary schools, the costs for ASB workers should be pre approved like all other ASB expenditures.

Employee Payment Procedures 1. The worker completes all of the paperwork required by the district’s personnel and payroll departments.

2. The personnel department assists the ASB organization in determining the appropriate hourly rate.

3. The worker fills out a timecard for work performed for the ASB.

4. The principal or the ASB advisor signs the timecard, confirming that the hours reported on the card are appropriate.

5. The ASB bookkeeper turns the time card in to the payroll department where it is pro-cessed with the next payroll.

6. The employee is paid.

7. The business office bills the ASB for salary and employee benefit costs.

Independent Contractor Payment Procedures 1. The ASB bookkeeper obtains the W-9 Taxpayer Identification form from the independent contractor.

2. The contractor submits an invoice to the ASB bookkeeper for payment.

CHAPTER 15 – EMPLOYEES AND CONSULTANTS 91

3. The principal or ASB advisor signs off on the invoice that the work was completed satis-factorily.

4. The ASB bookkeeper pays the invoice.

5. The ASB bookkeeper provides the information on the amount paid to the independent contractor to the district business department no later than January.

6. The district business department issues a 1099 tax form at year-end to the contractor.

ASSOCIATED STUDENT BODY ACCOUNTING MANUAL 92

www.sbunified.org


GIFT ACCEPTANCE FORM

All gifts to schools must be officially accepted by the Santa Barbara Unified School District’s Board of Trustees inasmuch as their acceptance may involve an expenditure of district funds for installation, use and/or maintenance. Before any gift is formally accepted for your school, and before any gift is purchased by a donor, please fill in the following information, sign and date the form, ask donor or an official representative to sign the form, and mail to the district’s Office of Fiscal Services. If a cash donation, please attach copy of check. Funds may or may not be available for the repair, maintenance, use, or ultimate replacement of donated items.

School receiving gift: _________________________________________________________________

Name of donor: _____________________________________________________________________

Company name (if applicable): _________________________________________________________

Address of donor: ___________________________________________________________________

__________________________________________________________________________________ (city, state, zip)

Description of gift: ___________________________________________________________________

__________________________________________________________________________________ (please include name of manufacturer or supplier, age/condition of item if the gift is not new)

Approximate current value (furnished by donor): $ __________________________________________

Installation cost: $ ___________________________________________________________________ (note any special wiring, transportation, installation costs, or any costs which may be necessary to use donated item)

Estimated cost of upkeep (electricity, special supplies, accessories, etc.): $ ______________________

Donor’s intended use of item donated: ___________________________________________________

__________________________________________________________________________

Additional Information: _______________________________________________________________

__________________________________________________________________________________

Signed: ________________________________________ Principal or Department Head

__________________________________________ _________________________________________________ Date Donor or Official Representative

www.sbunified.org Business Services/AF July 2014


Student Transportation Form

Driver (check one): Employee Parent/guardian Volunteer

I will be driving (please check one): District Vehicle Personal Vehicle Rental Vehicle School/Department Name:_________________________________ For School Year: _____________________ Student Name: __________________________ Student Activity: ___________________________________

NOTE: If any other insurance coverage is available to an Employee/Parent/Volunteer, driving their personal vehicle, whether such coverage is called excess over, or pro rata with other valid collectible coverage or not, the coverage afforded by the District’s policy shall not apply until such coverage has been exhausted. Driver’s Name.: _________________________ Driver’s License No.: _______________________________ Insurance Exp. Date: _____________________ Liability Limits: ____________________________________ Year/Make of Auto: ______________________ Vehicle Registration Exp Date: _______________________ I, __________________________________________, (Staff/Parent/Volunteer name) declare, under penalty of perjury, under the laws of the State of California that:

I have NOT been convicted of a sex offense under federal, state or local law

I have NOT been convicted of reckless driving or driving under the influence of drugs or alcohol within the past five years.

I hold liability insurance coverage with minimum liability limits of $100,000 per person/$300,000 per accident, or $300,000 combined single limit

All passengers I transport will be restrained by seat belts or car seats, no alcoholic beverages will be transported while students are in the vehicle, and no alcohol, drugs, cigarettes or tobacco will be used.

The Santa Barbara Unified School District requires that the following conditions be observed while transporting students: (1) No more than nine students will be transported, (2) all students must be seated in seats which are part of or permanently affixed to the vehicle; (3) all students must wear individual seat belts; (4) children must ride in either a car seat or booster seat until the age of eight, or until they reach a height of 4 feet 9 inches; (5) no more than two handicapped students who are confined to wheelchairs may be transported in a nine-passenger vehicle.

I have read the district’s requirements listed above and agree to abide by them.

Driver’s Signature: _________________________________ Date: _________________________________

Note: Please attach a photocopy of the following: (1) auto policy declaration page

(2) driver’s license and (3) vehicle registration form I have read the above and approve the use of this vehicle for transporting students to a school sponsored event: Campus Administrator __________________________ Date: _____________________________________ Business Office Approval: _______________________ Date: _____________________________________

www.sbunified.org Business Services AFlores

Last revised: 7/21/2014

DRIVER CHECKLIST

Forms Required for Approving Drivers:

Student Transportation Form – Must be signed by a school administrator

Copy of current vehicle registration –Vehicle must be registered to the driver, or to the driver’s spouse. This is NOT necessary if driving a district vehicle or rental.

Copy of valid driver’s license

Proof of insurance coverage – Driver must hold at least the minimum State of

California required automobile liability coverage. Please submit all of the above forms to the school site at least two weeks prior to using the vehicle for school business. If you have any questions about the driving process, contact the Santa Barbara Unified School District’s Business Office at 963-4338 x 6222.

DRIVER INSTRUCTIONS

When using your vehicle to transport students on field trips or other school activity trips:

1. Be sure that you have registered with the district for such purposes and have a valid driver's license and current liability insurance (with minimum liability limits of $100,000 per person/$300,000 per accident, or $300,000 combined single limit).

2. Check the safety of your vehicle: tires, brakes, lights, horn, suspension, etc.

3. Carry only the number of passengers for which your vehicle was designed. If you have a pickup

truck, carry only as many as can safely sit in the passenger compartment.

4. Require each passenger to use an appropriate child passenger restraint system (child car seat or booster seat) or safety belt in accordance with law.

5. Do not smoke a pipe, cigar, or cigarette while there are minors in the vehicle, as required by

law. 6. Obey all traffic laws.

7. Take the most direct route to the destination or event without unnecessary stops.

In case of emergency, keep all students together and call 911 and your school site contact.

Swank Motion Pictures Parks and Recreation Movies Following is an excerpt from Swank’s web page. For more information go to: http://parks.swank.com What constitutes a public performance? Any exhibition of a movie outside the privacy of a home setting is considered a public performance. Do we need a license even if we don’t charge admission? Yes! A license is required for all public performances regardless of whether admission is charged. What if a video store or equipment provider says it is okay to exhibit rented or purchased movies? These stores rent and sell movies for “home use only” and cannot provide legal permission for use outside the home. You can only obtain licensing directly from a licensor (such as Swank Motion Pictures, Inc.), not from a third party. Who bears the responsibility if a film is shown without a license? The management of the venue or premises where the movie is shown bears the ultimate responsibility and consequences of copyright infringement. However, anyone involved with the public performance of copyrighted material should seek compliance. I own the movie. Do I still need a license to show it outside my home? Yes. Neither the rental, purchase or lending of a videocassette or DVD carries with it the right to exhibit movies outside the home. I want to show an old movie, from the 1930’s or 40’s. Do I still need a license? Absolutely. Copyright pertains to all movies regardless of the year it was produced. A small group is having an informal gathering in our facility. Do we still need a license? Yes! A license needs to be obtained regardless of the number of people attending the screening, if the movie is being shown outside your home. Why is Swank Motion Pictures, Inc.® appointed to issue these Public Performance Licenses? Since 1937, Swank Motion Pictures, Inc. has been distributing Public Performance Licenses and exclusive licensed movies to non-theatrical markets including U.S. colleges and universities, hospitals, cruise ships, public schools, libraries, motor coaches, Amtrak trains and correctional facilities. Swank has been appointed by major film studios as their licensing agent to provide a Public Performance License for legal public performance of movies. The license fees compensate the copyright owners and the men and women who work on the film’s production. These royalties are the way publishers, authors and composers are paid for their work. How many days can I show the movie? Prices are for a one-day rental. For each additional day shown, a fee of $100 will be charged. If you charge admission, your movie rental rate is the flat rate versus 50% of your gate receipts, whichever is greater. Payment is due upon receipt of the invoice.

What do I do if my show date changes? All show date changes must be made in writing and received by Swank Motion Pictures, Inc. ten (10) days before the film is shipped, or the full rental and handling charges must be paid. What are the restrictions of the license for my movie? Your order is for a limited license to exhibit only to the agreed upon time and place. Violation of this is subject to the penalties set forth in the Federal Copyright Act. No movie or any portion thereof may be copied or duplicated in any manner. Television, broadcasting or any type of electronic transmission of any Swank movie may only be done in extraordinary circumstances and must be pre-approved in writing by Swank and at different specified rates. Infraction of this violates the Federal Copyright Statutes and carries a penalty of up to $5,000. Hollywood studios reserve the right to reject showings of certain movies to potential crowds over 200. Are there any advertising restrictions? These motion pictures are specifically licensed for non-theatrical showings only. Advertising through media such as public radio, public television or general public newspaper is strictly prohibited. Advertising must be used exclusively to inform members or staff of movie showings via on-premises bulletin boards or direct mail. Can I plan a fundraiser with my movie? You may fund raise with any movie except for Walt Disney Pictures’ feature-length movies, for which you may only charge admission to help defray the rental cost of the movie. What if my screening is affected by unforeseen circumstances? In the event of inclement weather, electrical problems, projector malfunction or other problems that prevent you from showing your film on your scheduled date, you have the option to show the film again within one year at no additional rental charge. Regardless of rescheduling, all invoices are due at the time of the original show date. Only freight will be charged for the rescheduled show date. Titles cannot be substituted for rescheduling. All advertising and admission policies still apply to the rescheduled show. (downloaded August 11, 2011)

www.sbunified.org Revised April 2010

Santa Barbara Unified School District REQUEST FOR CERTIFICATE OF INSURANCE

Requests must be received by the business office

two weeks prior to event/activity

Requester’s Information

Name: ____________________________________________________________________________

School/Department: __________________________________________________________________

Tel. No: ___________________________________________________________________________

Fax No: ___________________________________________________________________________

Email:_____________________________________________________________________________

Administrator’s Signature: ___________________________________________________________

Agency/Entity Information

Name: ____________________________________________________________________________

Does the agency want to be named as additional insured?

! NO ! YES

(if yes a copy of entire agreement/contract/memorandum of coverage is required)

Agency Contact: ____________________________________________________________________

Address:___________________________________________________________________________

City, State, Zip: _____________________________________________________________________

Email or Fax No: ____________________________________________________________________

Description of Operation/Events/Location/Lease/Vehicles

Event Date: ___________________ Description:___________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

Date:

To: Lilia Morentin SISC II Property & Liability

Fax: 661.636.4418

Return the completed form to Alma Flores

www.sbunified.org


VOLUNTEER PROJECT REQUEST FORM School: ___________________________________________________________________________

Specific location: ____________________________________________________________________

Description of project: ________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

Proposed start date: _________________________________________________________________ Anticipated completion date: ___________________________________________________________ Funding source for project: ____________________________________________________________ Attached scale drawings: ! Yes ! No Persons working on/accomplishing project: _______________________________________________ Will district assistance be required? ! Yes ! No Explain: ___________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Contact person(s): __________________________________________________________________ Phone number (day):________________________(evening): ________________________________ Site administrator signature: ___________________________________________________________ Facilities and Operations signature: _____________________________________________________

Organizations will be responsible for all required compensation for district support services outside of the normal business hours.

Dependent on the nature and scope of work, liability coverage may be required.

VOLUNTEER PROJECT FLOW CHART

In order to assist in the process of volunteer projects, the following flow chart was developed. The chart will assist all parties to recognize the various responsibilities and steps involved in the completion of the project. The Volunteer Project Request Form should be used to notify the district of the proposed projects at your site.

Project

Task Site

Responsibility District

Responsibility

Project development Providing a scope of work to be performed, plans and specifications and submittal of the Volunteer Project Request Form

X

Project Feasibility and Review A complete review of the project will need to be completed to assure it is in compliance with regulations

X

Budget Development A complete budget for the project must be included which details the commitment levels for all involved

X

Scheduling The site and district will need to develop a schedule for completion which will work for both parties and the volunteer

X X

Pre-Construction Meeting This step will be necessary to insure everyone understands the scope of work to be performed

X X

Project Commencement Work begins on the project X

Periodic Project Review Dependent on the scope of work, district staff will provide assistance and guidance with the project

X

Final Inspection A final inspection of the project will be performed to insure the total scope of work has been completed as agreed upon

X

SANTA BARBARA UNIFIED SCHOOL DISTRICT REQUEST FOR COACHING/CO-CURRICULAR ACTIVITY APPROVAL

(Approval is required each school year, per activity and/or season )

To: Human Resources Department Requested By:________________________________________________________________________Date: ____________________________

School Site and Name of person making request (please print) COACH INFORMATION:

Name (please print) Social Security # Date of birth

Mailing address Street, Apt or P.O. Box City State Zip Code

Cell phone ( ) Home/msg phone ( )

E-mail address

Do you have a current California teaching credential or 30-day emergency substitute permit? No Yes

Have you ever been convicted of a felony or misdemeanor other than a minor traffic violation? No Yes

Student Fees/Donations: Certain specific fees are permitted by law. Donations are permissible as long as the donation is truly voluntary and in no way a prerequisite to participation in the program or activity. Therefore, any statement or explanation related to a donation that could lead a reasonable person to believe the donation may not be truly voluntary is to be avoided. Access to educational programs must not be tied to either the willingness or the ability to pay a fee or request a fee waiver. For information on which fees are permissible see “Activity Fees” in the districts’ Co-curricular Guidelines. YOU ARE BEING RECOMMENDED FOR A WALK ON COACH POSITION Fingerprint clearance, proof of freedom from tuberculosis, CPR and First Aid certification, inservice, and completion of all paperwork for Human Resources/Payroll must be on file in HR before you may begin. This position is temporary and for the current season/school year only. The district must first offer this position to a district teacher. Each year a new request form must be submitted to Human Resources for approval. All requirements and certifications must be current and on file in the Human Resources Department PRIOR to beginning an assignment. I have read and agree to these terms:

Signature of coach: Date: FOR SCHOOL SITE USE ONLY

Sport/Co-curricular Activity Position: i.e. asst. JV coach / stage tech director Dates/Season: i.e Nov-Feb / winter

District Stipend $ ASB/Other $ Volunteer Not to exceed district contracted stipend amount It is the responsibility of the Athletic Director and/or Site Administrator prior to the beginning of the season and/or start of an assignment to verify with Human Resources that the recommended walk on coach has met all requirements and certifications for eligibility. Only Human Resources can authorize and approve employment or volunteer eligibility.

Signature , Principal/Site Administrator Date Signature, Athletic Director (Athletics) Date

The following must be completed and on file in Human Resources prior to starting assignment FOR HUMAN RESOURCES USE ONLY All Coaching/Co-curricular Activities: Completion of Activity Approval form Verification of required competencies

Completion of paperwork for HR/Payroll Code of Ethical Conduct

Fingerprint clearance: Annual in-service meeting Date attended:

TB clearance Date read:

CPR exp. date:

First Aid exp date:

ASCC certification Exp. date:

NFHS/CIF coaching certification

Approved By: Date: Board Approval Date:

Distribution: Human Resources Payroll Department School Site Coach HR 8/15/11

SAMPLE

planning guidelines for co-curricular activities · planning guidelines for co-curricular...

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