Opinion No. (1998)

DANIEL E. LUNGREN Attorney General CLAYTON P. ROCHE Deputy Attorney General THE HONORABLE BRUCE McPHERSON, MEMBER OF THE CALIFORNIA SENATE, has requested an opinion on the following question: May the governing board of a high school district refuse to use school funds to pay for the annual cleaning and repair of football equipment if the athletes and their parents have privately raised funds to cover these expenses? CONCLUSION The governing board of a high school district may refuse to use school funds to pay for the annual cleaning and repair of football equipment if the athletes and their parents have privately raised funds to cover these expenses so long as the raising of such private funds is voluntary; otherwise, the district would have the duty to pay for these annual expenses if it maintains a football program. ANALYSIS We are informed that high school districts often have "booster clubs" comprised of parents of students and supporters of a school's extracurricular activities. Donations are solicited by the clubs to fund a wide variety of after-school programs, such as athletic events and the school band. The question presented for resolution is whether a high school…