(a) Any individual who collects or receives any student activity or other internal school funds shall turn over to the properly designated school official or employee all student activity or other internal school funds. The funds shall be considered student activity or other internal school funds for the purpose of § 49-2-110. That a member of a school support organization or a person claiming to be a member of a school support organization collected the money is immaterial to the determination as to its status as student activity or other internal school funds.
Terms Used In Tennessee Code 49-2-606
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
school day: means the regular hours of operation of the school during which classes are conducted. See Tennessee Code 49-2-603
School support organization: means a booster club, foundation, parent teacher association, parent teacher organization, parent teacher support association, or any other nongovernmental organization or group of persons whose primary purpose is to support a school district, school, school club, or academic, arts, athletic or social activities related to a school, that collects or receives money, materials, property or securities from students, parents or members of the general public. See Tennessee Code 49-2-603
School support organization funds: include all money, materials, property or securities raised by a school support organization or any organization that represents itself to students, parents or members of the general public to be a school support organization. See Tennessee Code 49-2-603
Student activity funds: include all money received from any source for school-sponsored student activities or school-sponsored events held at or in connection with a school, and specifically include, but are not limited to, any money: (A) Derived from a school-sponsored academic, art, athletic or social event involving students. See Tennessee Code 49-2-603
(b) A local board of education may grant the principal of a school the authority to enter into an agreement with a school support organization to operate and collect money for a concession stand or parking at a related school academic, arts, athletic, or social event on school property where any money it collects or any portion designated by the agreement shall be considered as school support group funds and not as student activity funds; provided, that:
(1) The board has adopted a policy concerning school support organizations pursuant to § 49-2-604(b); and(2) The school support organization provides the school with the relevant collection documentation that would have been required pursuant to the manual produced under § 49-2-110 for student activity funds.(c) Nothing in this section diminishes the authority of a local board of education to enter into an agreement with a civic organization for the operation of concessions or parking at school sponsored events. The civic organization shall not be subject to this part.(d) A local board of education may grant the principal of a school the authority to enter into an agreement with a school support organization to operate a bookstore located on school grounds that makes direct sales of items to students where any money the school support organization collects or any portion designated by the agreement shall be considered as school support group funds and not as student activity funds; provided, that:
(1) The board has adopted a policy concerning school support organizations pursuant to § 49-2-604(b);(2) One hundred percent (100%) of the profits of the operation of the bookstore are used for support of the school; and(3) The school support organization provides the school with the relevant collection documentation that would have been required pursuant to the manual produced under § 49-2-110 for student activity funds.(e) A principal may allow funds raised by fundraisers conducted by a school support organization outside the school day and involving students to be collected during the school day by the school support organization. The funds shall be school support organization funds; provided, that school employees are not involved in the accounting of the funds and the funds are turned in using sealed envelopes.
