§ 48.205. What are the limitations on fundraising?
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/us/cfr/t25/s§ 48.205·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Fundraising may not include any gaming or gambling activity.
(b)Fundraising may not violate, or create an appearance of violating, any applicable ethics statutes or regulations.
(c)Donations from fundraising must maintain the integrity of the Bureau-operated school programs and operations, including but not limited to the following considerations:
(1)The donation may not, and may not appear, to be an attempt to influence the exercise of any regulatory or other authority of the Bureau;
(2)The donation may not require commitment of current or future funding that is not planned or available;
(3)The donation must be consistent with, and may not otherwise circumvent, law, regulation, or policy;
(4)The Bureau-operated school must be able to properly utilize or manage any donated real or personal property within policy, programmatic, and management goals;
(5)Any conditions on the donation must be consistent with authorized school purposes and any relevant policy or planning documents;
(6)The donation may not be used by the donor to state or imply endorsement by the Bureau or Bureau-operated school of the donor or the donor's products or services;
(7)The donation, if it consists of personnel or funding to hire personnel, must be structured such that the donated or funded personnel do not inappropriately influence any Bureau regulatory action or other significant decision.
(d)The fundraising and donation must maintain the impartiality, and appearance of impartiality, of the Bureau, Bureau-operated school, and its employees, including but not limited to the following considerations:
(1)The proposed donation may be only in an amount that would not influence or appear to influence any pending Bureau decision or action involving the donor's interests;
(2)There may be no actual or implied commitment to take an action favorable to the donor in exchange for the donation;
(3)The donor may not obtain or appear to obtain special treatment dealing with the Bureau or Bureau-operated school.
(e)The fundraising and donation must maintain public confidence in the Bureau and Bureau-operated school, its programs, and its personnel, including but not limited to the following considerations:
(1)The fundraising and acceptance of the donation would not likely result in public controversy;
(2)Any conditions on donations must be consistent with the Bureau and Bureau-operated school's policy, goals, and programs; and
(3)The fundraising and donation may not involve any inappropriate goods or services.
(f)Participation in fundraising is voluntary. No student, community member, or organization shall be forced, coerced or otherwise unduly pressured to participate in fundraising. No criticism nor any retaliatory action may be taken against, any student, community member, or organization for failure to participate or succeed in fundraising.