R277-407-7. Donations in Lieu of Fees

  (1)(a) A school may not request or accept a donation in lieu of a fee from a student or parent unless the activity, class, or program for which the donation is solicited will otherwise be fully funded by the LEA and receipt of the donation will not affect participation by an individual student.

  (b) A donation is a fee if a student or parent is required to make the donation as a condition to the student's participation in an activity, class, or program.

  (c) An LEA may solicit and accept a donation or contribution in accordance with the LEA's policies, but all such requests must clearly state that donations and contributions by a student or parent are voluntary.

  (2) If an LEA solicits donations, the LEA:

  (a) shall solicit and handle donations in accordance with policies established by the LEA; and

  (b) may not place any undue burden on a student or family in relation to a donation.

  (3) An LEA may raise money to offset the cost to the LEA attributed to fee waivers granted to students through the LEA's foundation.

  (4) An LEA shall direct donations provided to the LEA through the LEA's foundation in accordance with the LEA's policies governing the foundation.

  (5) If an LEA accepts a donation, the LEA shall prevent potential inequities in schools within the LEA when distributing the donation.