Back-to-school time means gathering supplies for many educators and families alike. Supplying classrooms can be aided by community efforts, and today, many teachers use online “wish lists” to let supporters know of their classrooms’ most-needed items. Before putting one of these lists together, it’s important to consider what rules can govern donations and gifts to your class.

School districts are governmental entities, and as such, their employees and trustees have an obligation to follow laws concerning the solicitation and acceptance of gifts and donations from the public. Items donated for the intended purpose of the school district must be accounted for and used appropriately. Your district’s board of trustees is responsible for ensuring compliance with the law on financial donations as well as donations of property, including school and classroom supplies. 

As a district employee, an educator represents the district when making a public appeal for donations for the classroom. Therefore, a teacher can be required to seek approval for any items sought on behalf of the school district. Any items collected will become the property of the school district, and the board may determine where these materials are housed or may be used. Districts may also have rules governing how, when, and to whom requests for donations are made.

All districts will have gift solicitation policies you can and should review before requesting or accepting donations, and school board policies governing employee standards of conduct may further dictate how and when an educator can seek items for the purposes of the classroom/school.

Check your local policy to see what it says regarding procedures for employees to avoid misusing or misappropriating district property. It is typical for such policies to require employees to remain vigilant and immediately report any potential abuses to the educator’s administration and/or the police.

The Texas Educators’ Code of Ethics, which applies to all Texas educators, also requires compliance with relevant standards, including: 

Standard 1.2. The educator shall not intentionally, knowingly, or recklessly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage.

Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage.

Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or that are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service.

Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws.

In addition to reading and becoming familiar with your district’s policies and expectations concerning classroom donations, the following are best-practice pointers to protect you from potential concerns or complaints:

• Obtain approval as needed per your district’s policy before requesting or accepting any donations.
• Keep track of what you receive and what, if any, supplies/donated items remain by the end of the school year.
• If you leave the campus at any time, you should leave donated items with the campus or seek approval to take them to another campus within the district to avoid any allegations of misappropriating district property.
• If you leave the district, the items should remain with the district. Unfortunately, we have had some educators face complaints for removing donated classroom materials. It is best to get written approval from the administration before doing so. 

Purchases you make yourself for items you will use in the classroom should generally remain yours to keep. But it is a good idea to keep a separate list and receipts, if possible, to avoid comingling and confusion. And while a teacher can maintain a personal wish list to accept donations from friends and family, any personal wish lists should ideally be kept private from students, parents, and the school community to avoid confusion or the perception of impropriety. If you have bought or plan to buy items on a list directly associated with your school, then it will be considered a donation, and the items will belong to the school/district. 

Hopefully these helpful tips will provide the peace of mind you need as you start the new year. But if you have questions or concerns about your district’s policies, it is best to seek guidance from your administration to avoid any unwanted confusion.
 

The legal information provided here is accurate as of the date of publication. It is provided here for informative purposes only. Individual legal situations vary greatly, and readers needing individual legal advice should consult directly with an attorney. Please note: Rights based on the Texas Education Code may not apply to all. Many Texas Education Code provisions do not apply to public charter schools, and public school districts may have opted out of individual provisions through a District of Innovation plan. Eligible ATPE members may contact the ATPE Member Legal Services Department.