Article 2. Student Organizations of California Education Code >> Division 4. >> Title 2. >> Part 27. >> Chapter 6. >> Article 2.
Any group of students may organize a student body
association within the public schools with the approval and subject
to the control and regulation of the governing board of the school
district. Any such organization shall have as its purpose the conduct
of activities on behalf of the students approved by the school
authorities and not in conflict with the authority and responsibility
of the public school officials. Any student body organization may be
granted the use of school premises and properties without charge
subject to such regulations as may be established by the governing
board of the school district.
The governing board of any school district or any county
office of education may authorize any pupil or adult entity or
organization to sell food on school premises, subject to policy and
regulations of the State Board of Education. The State Board of
Education shall develop policy and regulations for the sale of food
by any pupil or adult entity or organization, or any combination
thereof, which shall ensure optimum participation in the school
district's or the county office of education's nonprofit food service
programs and shall be in consideration of all programs approved by
the governing board of any school district or any county office of
education. The policy and regulations shall be effective the first of
the month following adoption by the State Board of Education.
Nothing in this section shall be construed as exempting from the
California Uniform Retail Food Facilities Law (Chapter 4 (commencing
with Section 113700) of Part 7 of Division 104 of the Health and
Safety Code), food sales that are authorized pursuant to this section
and that would otherwise be subject to the California Uniform Retail
Food Facilities Law.
The governing board of any school district may authorize any
organization composed entirely of pupils attending the schools of
the district to maintain such activities, including fund-raising
activities, as may be approved by the governing board.
The governing board of any school district may, by resolution,
authorize any student body organization to conduct fund-raising
activities on school property during school hours provided that the
governing board has determined that such activities will not
interfere with the normal conduct of the schools.
(a) The funds of any student body organization established
in the public schools of any school district shall, subject to
approval of the governing board of the school district, be deposited
or invested in one or more of the following ways:
(1) Deposits in a bank or banks, or other institution, whose
accounts are federally insured.
(2) Investment certificates or withdrawable shares in
state-chartered savings and loan associations and savings accounts of
federal savings and loan associations, provided those associations
are doing business in this state and have their accounts insured by
the Federal Savings and Loan Insurance Corporation.
(3) Purchase of repurchase agreements issued by savings and loan
associations or banks.
(4) Purchase of bonds, notes, bills, certificates, debentures, or
any other obligations issued by the United States of America.
(5) Shares or certificates for funds received or any form of
evidence of interest or indebtedness issued by any credit union in
this state, organized under the provisions of Division 5 (commencing
with Section 14000) of the Financial Code or the statutes of the
United States relating to credit unions insured by the administrator
of the National Credit Union Administration or a comparable agency as
provided by a state government.
(b) The funds shall be expended subject to such procedure as may
be established by the student body organization subject to the
approval of each of the following three persons, which shall be
obtained each time before any of the funds may be expended: an
employee or official of the school district designated by the
governing board, the certificated employee who is the designated
adviser of the particular student body organization, and a
representative of the particular student body organization.
The funds of a student body organization established in the
public schools for kindergarten and grades 1 to 6, inclusive, of any
school district maintaining kindergarten and grades 1 to 6,
inclusive, may be used to finance activities for noninstructional
periods or to augment or to enrich the programs provided by the
district.
In addition to deposit or investment pursuant to Section
48933, the funds of a student body organization may be loaned or
invested in any of the following ways:
(a) Loans, with or without interest, to any student body
organization established in another school of the district for a
period not to exceed three years.
(b) Invest money in permanent improvements to any school district
property including, but not limited to, buildings, automobile parking
facilities, gymnasiums, swimming pools, stadia and playing fields,
where such facilities, or portions thereof, are used for conducting
student extracurricular activities or student spectator sports, or
when such improvements are for the benefit of the student body. Such
investment shall be made on condition that the principal amount of
the investment plus a reasonable amount of interest thereon shall be
returned to the student body organization as provided herein. Any
school district approving such an investment shall establish a
special fund in which moneys derived from the rental of school
district property to student body organizations shall be deposited.
Moneys shall be returned to the student body organization as
contemplated by this section exclusively from such special fund and
only to the extent that there are moneys in such special fund.
Whenever there are no outstanding obligations against the special
fund, all moneys therein may be transferred to the general fund of
the school district by action of the local governing board.
Two or more student body organizations of the same school district
may join together in making such investments in the same manner as
is authorized herein for a single student body. Nothing herein shall
be construed so as to limit the discretion of the local governing
board in charging rental for use of school district property by
student body organizations as provided in Section 48930.
The governing board of any school district shall provide for
the supervision of all funds raised by any student body or student
organization using the name of the school.
The cost of supervision may constitute a proper charge against the
funds of the district.
The governing board of a school district may also provide for a
continuing audit of student body funds with school district
personnel.
In schools or classes for adults, regional occupational
centers or programs, or in elementary, continuation, or special
education schools in which the student body is not organized, the
governing board may appoint an employee or official to act as trustee
for student body funds and to receive these funds in accordance with
procedures established by the board. These funds shall be deposited
in a bank, a savings and loan association, a credit union, or any
combination of these financial institutions, approved by the board
and shall be expended subject to the approval of the appointed
employee or official and also subject to the procedure that may be
established by the board.