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6/13/12
Last week, Texas Attorney General Opinion No. GA-0949 (2012) was issued on "Whether, under particular circumstances, a school district may, pursuant to section 22.011, Education Code, permit charities to participate in campaigns to solicit contributions."
The Summary to the Opinion states:
"The plain language of section 22.011 of the Education Code does not prohibit school districts from authorizing charitable organizations to solicit donations from employees.
Under section 22.011, a school district may not, directly or through representatives of a charitable campaign, solicit donations during meetings wherein school district employees' attendance is compulsory, instructed, expected, or forced in any manner if the solicitation of charitable donations is a purpose of the meeting. Section 22.011's prohibition applies even if the solicitation of charitable contributions is not the sole purpose of the meeting. If meeting attendance is strictly voluntary, section 22.011 does not prohibit presentations soliciting charitable donations.
Nothing in section 22.011 prohibits charitable donation solicitation materials from being distributed, nor does it prevent district employees from being generally encouraged to participate in a charitable campaign as long as the school district does not make a contribution compulsory, or otherwise instruct, expect, or force an employee either to make--or refrain from making--a contribution in any manner.
To the extent that identifying employee donors could constitute direct or indirect coercion, section 22.011 could be construed to preclude that activity, depending on the facts of the situation."
To read the opinion, click on the link below.
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