
Associated Student Body
Laws * Rules * Regulations For Washington State Schools
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Guidelines For Fund Raising (latest revision February 2005)
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- ASB FUNDS
- Definition: Moneys raised in any activity on behalf of or sponsored
in part or wholly by ASB. ASB fund raising activities must be approved
by the district and moneys raised deposited in an ASB account. [RCW 28A.325.030]
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- A. ASB Structure
- ASBs are mandatory in grades 7 through 12 whenever students engage
in money raising activities with the approval and under the supervision
of the district. Each building must have a separate constitution. [WAC
392-138-010
- ASBs are not mandatory at the elementary level (K-6) but any money
raised with the approval and under the supervision of the district must
be administered in the same way as ASB money. [WAC 392-138-010]
- The school board has authority over ASBs and ASBs are subject to the
same laws as the district including such as accounting procedures, budgets,
and warrants. [RCW 28A.325.020] [WAC 392-138-013]
- Students are still free to raise money for their own personal or private
use but this activity cannot be done by the ASB or with school approval,
or district supervision on school time. They may not use their team or
club name or suggest representation verbally or wear a uniform during personal
or private fund raising.
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- B. ASB Accounting
- ASB money must be accounted for in compliance with rules and regulations
published in the Accounting Manual for Public Schools in the State of Washington.
[WAC 392-138-045]
- All ASB money is accounted for, spent, invested, and budgeted the same
way as other public money. [WAC 392-138-115 and -014]
- The district must have an annual ASB program fund budget approved by
the school board. [WAC 392-138-110]
- Disbursements may be made either by warrant, imprest bank accounts,
or petty cash funds. [WAC 392-138-125, -120, and -018]
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- C. Other ASB Financial Considerations
- ASB purchases must comply with state bid laws. [WAC 392-138-019]
- All property acquired with ASB moneys becomes the property of the school
district. [WAC 392-138-021]
- ASB moneys may not be expended as grants for charitable or scholarship
purposes. Private money, collected at school, can be used for such purposes [WAC
392-138-100]
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- D. Application of ASB Fund Law
- Building administrators should know school policies and procedures
related to ASB fund use.
- Serious penalties may be applied for failure to follow prescribed ASB
fund laws.
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- Booster/Volunteer Funds
- Definition: Moneys raised by volunteer organizations which support
school organizations but operate independently of school district. These
organizations include PTSA and other parent-faculty clubs.
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- A. Organization
- Local booster clubs and PTSAs should be incorporated as nonprofit
organizations in the state of Washington.
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- B. Nonprofit Incorporation
- The organization's purpose must not be for profit, although funds may
be raised to support nonprofit purposes.
- The organization must draft articles of incorporation and bylaws which
are filed with the Secretary of State. (A PTA may obtain copies of both
an instructions form the state PTA Office.)
- When an organization incorporates there are provisions in state law which
must be followed.
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- C. School District-Organization Relations
- Volunteer organizations and school districts operate under different
sets of laws with which they must comply.
- When gifts (funds, equipment, etc.) are presented to the district they
must be accepted at a regular school board meeting and become the property
of the district. [RCW 28A.320.030]
- Outside funds may be used to finance a part of the school program under
certain conditions.
- An accounting system should be set up to show how grants to the school
were used.
- Use of school district equipment and supplies by a non-profit corporation
is a gift of public funds not allowable under state law.
- Use of school facilities may be offered free or at a reasonable rental
fee at the discretion of the school board.
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- Fund Raising
- The Washington State Gambling Commission, the Department of Licensing,
and the Internal Revenue Service all have licensing regulations covering
fund raising activities by non profit corporations.
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- A. Charitable Solicitations in General
- A nonprofit corporation may conduct sales or benefit affairs which
include athletic or sports events, bazaars, benefits, campaigns, circuses,
contest, dances drives, entertainment's, exhibitions, expositions, parties,
performances, picnics, sales, social gatherings, theaters, and variety
shows.
- A nonprofit corporation may operate bingo activities, raffles, and
amusement games under requirements regulated by the Washington State Gambling
Commission.
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- B. State Registration
- Charitable organizations are required to be registered under
recent changes in the law, and they must file an annual report.
- The cost of solicitation will continue to be regulated (limited to
20 percent of total moneys raised unless a state waiver is obtained).
- When a professional fund raiser is used registration is required.
- School districts or affiliates such as the ASB and student organizations
do not require registration.
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- C. IRS Recognition Required
- A charitable organization involved in sales and benefits grossing over
$25,000 must obtain IRS recognition.
- A charitable organization need not file an income tax form unless it
grosses over $25,000 annually.
- 3A PTA/PTSA may obtain all application forms and assistance from the
State PTSA Office
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- D. Gambling License Requirements
- When bingo, raffles, and amusement games are conducted the State Gambling
Act controls.
- These activities, under the State Gambling Act, may be conducted by
nonprofit organizations without a gambling permit under certain conditions
specified in law. However, a nonprofit organization must obtain IRS recognition
as a tax exempt association regardless of gross income.
- Casino nights are permitted as fund-raisers under the State
Gambling Commission rules only with a gambling license.
- A PTSA may obtain assistance and complete information from the state
PTSA Office.
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- Main Menu
- General Definitions
- Common Issues from Audits
- General Concepts on the Use of ASB
Funds
- ASB Funds Tip Sheet
- Common ASB Questions
- Student Body Funds Quiz
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- Washington Association of Student Councils
- Susan Fortin, Director
- 2142 Cispus Road
- Randle, Washington 98377-9305
- (360) 497- 7131 · Fax (360) 497-7132
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- Prepared by Martin E. Fortin, Jr.
Washington Interscholastic Activities Association
435 Main Avenue South
Renton, WA 98055
Voice: (425) 687-8585 Fax: (425) 687-9476
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