Can a Mississippi school district use activity funds to buy MHSAA athletic passes for chaperone employees?

Subject

Purchase of Athletic Passes Using Activity Funds

Recipient

Ryan Revere, Esq., Attorney, South Panola School District

Plain-English summary

The South Panola School District wanted to buy statewide athletic passes from the Mississippi High School Activities Association so the small group of employees who serve as chaperones at away events could attend without buying tickets each time. According to the request, bulk MHSAA passes save money compared to per-event tickets, and the district sought to use activity funds.

The AG said yes, conditional on a board determination. Section 37-7-301(s) defines activity funds and allows their use for "any necessary expenses or travel costs, including advances, incurred by students and their chaperons in attending any in-state or out-of-state school-related programs, conventions or seminars and/or any commodities, equipment, travel expenses, purchased services or school supplies which the local school governing board, in its discretion, shall deem beneficial to the official or extracurricular programs of the district." If the district determines the athletic passes are necessary expenses or travel costs for chaperones to attend a school-related program beneficial to the district's official or extracurricular programs, the AG concluded activity funds may be used.

Because the question involved the expenditure of public funds, the AG suggested the district contact the Technical Assistance Division at the Office of the State Auditor, and noted the Mississippi Department of Education has the statutory duty to prescribe a uniform system of accounting for school activity fund transactions.

What this means for you

School district attorneys and business managers

The opinion conditions the expenditure on the district's determination that the passes are necessary expenses or travel costs for chaperones attending a school-related program beneficial to the district's official or extracurricular programs. The AG suggested contacting the State Auditor's Technical Assistance Division because the question involves public funds, and noted the Mississippi Department of Education prescribes the uniform accounting system for activity-fund transactions.

Athletic directors and school chaperones

The opinion's authority rests on the activity-fund statute and the board's determination. It addressed using activity funds to buy MHSAA passes for the employees who chaperone athletic events; the request described that only a few employees serve as chaperones for all events.

School board members

The opinion holds the expenditure is permissible if the board makes the determination Section 37-7-301(s) requires: that the passes are necessary expenses or travel costs for chaperones, beneficial to the district's official or extracurricular programs. That determination is the legal hinge the opinion identifies.

Citizens

The opinion holds that buying MHSAA passes for chaperones from activity funds is within Section 37-7-301(s) if the district makes the required determination, and points the district to the State Auditor and the Department of Education for the public-funds accounting side.

Background and statutory framework

Section 37-7-301 outlines the powers and duties of local school boards. Subsection (s) defines "activity funds" as "all funds received by school officials in all school districts paid or collected to participate in any school activity, such activity being part of the school program and partially financed with public funds or supplemented by public funds." The same subsection authorizes activity-fund use for necessary expenses or travel costs of students and chaperones, and for "commodities, equipment, travel expenses, purchased services or school supplies which the local school governing board, in its discretion, shall deem beneficial to the official or extracurricular programs of the district," including items that may become the personal property of individuals. It also authorizes activity funds to pay travel expenses of school district personnel.

The board's "necessary expenses or travel costs" determination is the legal hinge of the opinion. The opinion notes the Mississippi Department of Education has the statutory duty to "prescribe a uniform system of accounting and financial reporting for all school activity fund transactions" under Section 37-7-301(s), and suggests contacting the State Auditor's Technical Assistance Division for guidance on the expenditure of public funds.

Citations

• Miss. Code Ann. § 37-7-301 (powers and duties of local school boards)
• Miss. Code Ann. § 37-7-301(s) (definition and permitted uses of activity funds)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2023/07/R.Revere-July-20-2023-Purchase-of-Athletic-Passes-Using-Activity-Funds.pdf

Original opinion text

July 20, 2023

Ryan Revere, Esq.
Attorney, South Panola School District
Post Office Drawer 1586
Batesville, Mississippi 38606
Re:

Purchase of Athletic Passes Using Activity Funds

Dear Mr. Revere:
The Office of the Attorney General has received your request for an official opinion. Background

In your request, you provide:
The District's students routinely participate in District athletic events which require travel off campus with chaperones to accompany them. The chaperones to these athletic events are district employees and it is necessary for these chaperones to attend the athletic events to help ensure that the District's students remain safe and supervised. The District would like to purchase statewide athletic passes through the Mississippi High School Activities Association in order for these employee chaperones to attend the athletic events. Usually there are no more than a few employees who serve as the chaperones to all events and would need passes. The District would be able to achieve a significant cost saving by purchasing the athletic passes as opposed to purchasing tickets for each particular event. Question Presented May the South Panola School District purchase statewide athletic passes for its employees who attend and serve as chaperones at athletic events? Brief Response If the South Panola School District determines that the athletic passes are necessary expenses or travel costs for chaperones to attend a school-related program that is beneficial to official or extracurricular programs of the district, the school district may expend its activity funds on these athletic passes as described in your request. Applicable Law and Discussion Section 37-7-301 outlines the powers and duties of local school boards and defines "activity funds" as "all funds received by school officials in all school districts paid or collected to participate in any school activity, such activity being part of the school program and partially financed with public funds or supplemented by public funds." Miss. Code Ann. § 37-7-301(s). This section further provides: Activity funds may only be expended for any necessary expenses or travel costs, including advances, incurred by students and their chaperons in attending any in-state or out-of-state school-related programs, conventions or seminars and/or any commodities, equipment, travel expenses, purchased services or school supplies which the local school governing board, in its discretion, shall deem beneficial to the official or extracurricular programs of the district, including items which may subsequently become the personal property of individuals, including yearbooks, athletic apparel, book covers and trophies. Activity funds may be used to pay travel expenses of school district personnel. Id. If, as you assert in your opinion request, the school district makes the determination that the athletic passes are necessary expenses or travel costs for chaperones to attend a school-related program that is beneficial to official or extracurricular programs of the district, the school district may expend its activity funds on these athletic passes as described in your request. Given that your question involves the expenditure of public funds, we suggest you contact the Technical Assistance Division at the Office of the State Auditor. You also may wish to contact the Mississippi Department of Education, which has the statutory duty to "prescribe a uniform system of accounting and financial reporting for all school activity fund transactions." Miss. Code Ann. § 37-7-301(s). If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By:

/s/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General