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Los Angeles COE |  BP  3290  Business and Noninstructional Operations

Gifts, Grants And Bequests   

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Gifts to the Office

The Los Angeles County Office of Education ("Office") welcomes and appreciates gifts that support its mission, programs, and purposes. Gifts shall be offered, solicited, reviewed, accepted, and acknowledged in a manner that protects the interests of the Office.

Definition of "Gifts" and Criteria For Acceptance

The term "gifts" shall mean financial support, materials, personal and/or real property, or other nonfinancial support given without the donor's expectation or receipt of economic benefit or special consideration. Gifts include bequests, devises, and other donations. Bequests are gifts of personal property which have been given through a will. Devises are gifts of real property given through a will.

The following criteria shall be considered when reviewing all gifts. The County Board or its authorized designees (as defined below) may accept only those gifts that satisfy the following criteria:

1. The purpose of the gift is consistent with the Office's mission, programs, purposes, and standards (including, but not limited to, safety).

2. Acceptance of the gift does not constitute any real or apparent conflict of interest, and is not in conflict with any provisions of federal, state, or local laws and regulations.

3. Acceptance of the gift does not imply endorsement of any business or product, or of any partisan or religious point of view.

4. Association with the donor is not incompatible with or does not reflect negatively on the Office, its mission, or its policies.

5. Acceptance of the gift does not result in unacceptable maintenance, installation, or continuing costs.

6. For restricted gifts:

a. The restrictions are acceptable to the Office, in light of its goals and operations, and

b. The Office is able to fully satisfy the donor's conditions.

7. If the gift consists of instructional materials, such materials are compatible with curriculum needs and guidelines.

Gift Acceptance

All gifts must be approved by the County Board.

Gifts of an amount or value in excess of $5,000 must be approved by the County Board and shall not be accepted by authorized designees (as defined in Board policy). In addition, the following gifts, regardless of their amount or value, must be approved by the County Board, and shall not be accepted by authorized designees:

1. Exceptions or additions to approved programs and policies of the Office.

2. Obligations on the part of the Office to continuing expenditures or costs for which there is no identified funding source apart from the General Fund.

3. An interest in real property.

4. Any conditional bequest or devise.

Delegation of Authority

In order to facilitate the acceptance of smaller cash or in-kind gifts, the County Board takes the following actions:

1. Designates the County Superintendent, the Deputy Superintendent, and the members of Executive Cabinet to accept gifts of an amount or value of up to $5,000, subject to County Board ratification.

2. Authorizes the County Superintendent, the Deputy Superintendent, and the members of Executive Cabinet to designate administrators to accept, within their respective jurisdictions, gifts of an amount or value of up to $1,000, subject to Board ratification. (The County Superintendent, the Deputy Superintendent, and each member of Executive Cabinet shall annually designate those administrators who shall have the authority to accept gifts. The designation process shall be set forth in the Gift Policy Manual.) Designated administrators may not further delegate authority for gift acceptance.

3. Authorizes classroom teachers to accept gifts of an amount or value of up to $100 which will directly benefit instruction, subject to Board ratification. Classroom Teachers may accept donations or gifts of an amount or value of up to $1,000 which will directly benefit instruction when sought through www.DonorsChoose.org or a comparable donor platform or organization with the site administrator's approval, subject to Board ratification.

The County Board shall ratify acceptance of gifts by all authorized designees on a quarterly basis on the Consent Calendar.

The County Board shall have no power to give, to lend, or to authorize the lending of County Office funds, or to make a gift of County Office funds, to any person, association or organization. (California Constitution, Article XVI, Section 6)

Acknowledgment of Gifts

All gifts accepted by the County Board or its authorized designees shall be acknowledged according to provisions set forth in the Gift Policy Manual.

Legal Reference:

EDUCATION CODE

1834 Acquisition of materials and apparatus

35162 Power to sue, be sued, hold and convey property

41030 School district may invest surplus monies from bequest or gifts

41031 Special fund or account in county treasury

41032 Authority of school board to accept gift or bequest; investments; gift of land requirements

41035 Advisory committee

41036 Function of advisory committee

41037 Rules and regulations

Policy LOS ANGELES COUNTY OFFICE OF EDUCATION

adopted: June 18, 2019 Downey, California