Set boundaries for fundraising by public schools

We’re all familiar with the traditional school fundraiser — to raise money for team uniforms, say, or to send the marching band to the mainland.

A broadly worded bill in the Legislature would let public schools take fundraising to a whole new level. Senate Bill 2423, SD2 would allow schools, or an individual class, to participate in fundraising or charitable activities with just about any of the thousands of nonprofit organizations registered in Hawaii.

The language of SB 2423 is too sweeping: "Notwithstanding any law to the contrary, nothing shall prohibit a school or class from participating in fundraising or charitable activities" with the organizations.

The most obvious "law to the contrary" is the State Ethics Code, which plainly forbids state employees from "using state time, equipment or other facilities for private business purposes."

In written testimony opposing SB 2423, the Hawaii State Ethics Commission pointed out that the bill "will allow schools to decide whether to dedicate class time, school facilities, and other resources to fundraise for or to otherwise support a private, nonprofit organization."

The commission raises legitimate concerns. The bill as drafted contains the barest of limiting language, saying only that the activity must benefit student learning as established under Department of Education criteria.

That leaves a lot of room to maneuver. A school principal or teacher could use the school’s resources — and more important, the time, attention and labor of the students — to support a pet cause. And if the cause is one a student or her parents disagrees with, or can’t afford? That’s a tough one. Students undoubtedly will feel the pressure to participate, especially if the activity is sanctioned by the school and encouraged by the teacher.

Schools Superintendent Kathyrn Matayoshi and the DOE support the bill. In testimony, the DOE said these partnerships advance the department’s goal to "foster civic engagement and service learning," and are consistent with the Board of Education’s policy to provide students with "continuing, real-life opportunities to learn to act morally and ethically."

Maybe. But they also offer opportunities to use students for private business purposes. Is Macy’s Make-A-Wish Foundation promotion, in which students were drafted to write "Letters to Santa" that are deposited in special mailboxes in Macy’s stores, a real-life opportunity to act morally and ethically? It can be a fine line. And without clearer boundaries, it’s one easily crossed.

Unfortunately, efforts to get around the State Ethics Code are nothing new. In 2012, a bill revamping the structure of Hawaii’s charter schools included a provision exempting the schools from the code, for specious reasons. Fortunately, that provision was struck from the final legislation.

Of course, schools regularly participate with worthy nonprofit organizations in fundraising activities that also enhance learning and community involvement.

If the DOE wants more flexibility in establishing partnerships with charitable organizations, though, it most likely will need to promulgate rules that conform to the State Ethics Code, and make clear that the educational purpose should be paramount.

After all, students attend school to learn, not to raise money.