Title 53A Chapter 4 Section 205

State System of Public Education
Public-Private Partnership for Educational Excellence Act
Section 205
Establishment of public education foundations -- Powers and duties -- Tax exempt status.


53A-4-205.   Establishment of public education foundations -- Powers and duties -- Tax exempt status.

            (1) The State Board of Education, a local school board, or the Utah Schools for the Deaf and Blind may establish foundations to:

            (a) assist in the development and implementation of the programs authorized under this part to promote educational excellence; and

            (b) assist in the accomplishment of other education-related objectives.

            (2) A foundation established under Subsection (1):

            (a) may solicit and receive contributions from private enterprises for the purpose of this part;

            (b) shall comply with Title 51, Chapter 7, State Money Management Act, and rules made under the act;

            (c) has no power or authority to incur contractual obligations or liabilities that constitute a claim against public funds except as provided in this section;

            (d) may not exercise executive, administrative, or rulemaking authority over the programs referred to in this part, except to the extent specifically authorized by the responsible school board;

            (e) is exempt from all taxes levied by the state or any of its political subdivisions with respect to activities conducted under this part;

            (f) may participate in the Risk Management Fund under Section 63A-4-204;

            (g) shall provide a school with information detailing transactions and balances of funds managed for that school;

            (h) shall, for foundation accounts from which money is distributed to schools, provide all the schools within a school district information that:

            (i) details account transactions; and

            (ii) shows available balances in the accounts; and

            (i) may not:

            (i) engage in lobbying activities;

            (ii) attempt to influence legislation; or

            (iii) participate in any campaign activity for or against:

            (A) a political candidate; or

            (B) an initiative, referendum, proposed constitutional amendment, bond, or any other ballot proposition submitted to the voters.

            (3) A local school board that establishes a foundation under Subsection (1) shall:

            (a) require the foundation to:

            (i) use the school district's accounting system; or

            (ii) follow written accounting policies established by the board;

            (b) review and approve the foundation's accounting, purchasing, and check issuance policies to ensure that there is an adequate separation of responsibilities; and

            (c) approve procedures to verify that issued foundation payments have been properly approved.

Amended by Chapter 280, 2011 General Session

Amended by Chapter 342, 2011 General Session