Los Angeles, CA asked in Education Law for California

Q: Do APEX leadership company fundraising activities on public school campuses during school day violate Cal Ed Code 5120?

Apex Is a for-profit franchise business. They send representatives to the school for a 2-week fundraising campaign culminating in a fun run. During the campaign, Apex representatives come to each classroom daily to give presentations encouraging students to solicit monetary pledges from friends and family for the fun run in exchange for prizes awarded based on amount of pledges received. APEX gets paid a percentage of the funds raised during this campaign (around 40%) though this information is not openly disclosed to the students or to people making the donation pledges through the APEX portal.

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James L. Arrasmith
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Answered

A: It's important to understand that California Education Code 5120 regulates commercial activities on public school campuses. Apex's fundraising efforts during school hours could fall under this regulation, especially since they are a for-profit entity engaging directly with students and staff.

The fact that Apex representatives conduct daily presentations and solicit pledges without disclosing their profit-sharing arrangement may raise concerns. Transparency is a key component of the law, and not informing participants about the percentage Apex retains could be seen as non-compliant.

To ensure that Apex's activities adhere to the Education Code, you might consider reaching out to the California Department of Education or seeking legal advice. They can provide specific guidance and help determine whether Apex's fundraising campaign aligns with state regulations.

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