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School counsel warns MASC fundraising language could curb student-led activities
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Summary
Legal counsel advised the North Middlesex policy subcommittee that recent MASC sample changes to JJE, focused on raffles and competitions, implement Massachusetts law on minors and gambling and could unintentionally prohibit common student fundraising such as competitions unless the district tailors the language and defines "game of chance."
School counsel John told the North Middlesex policy subcommittee that recent model-policy changes circulated by the Massachusetts Association of School Committees (MASC) aim to align local rules with state law restricting minors’ involvement in gambling-related activities and that the updates could affect routine student fundraising.
"What they're really doing is putting in these policies what is basic Massachusetts law," John said, explaining MASC updated three policies last fall to address activities that could involve students in lotteries, raffles or similar games of chance. He emphasized that the legal limits turn on the specific facts of each fundraising event.
The committee raised multiple examples of district fundraising practices. Chair Randy summarized typical activities as "50/50 raffles, calendar raffles, selling items, bake sales, fundraising at restaurants, shootathons, and online donations." Several members asked whether ongoing events should be halted pending a formal policy update.
John recommended a pragmatic approach: review imminent events case-by-case and amend the district policy to mirror state law without making the district more restrictive than necessary. "If a PTO or booster organization is running a lottery or raffle and they're complying with state registration requirements, that's generally acceptable," he said, but he added the district should avoid using school platforms to promote gambling-related events.
Committee member Mike Levasseur and others urged caution about a particular MASC example that would bar fundraising "competitions among students," saying the language could sweep in activities such as shootathons or fundraising contests that do not resemble raffles. "Adopting the policy as written would just be way too restrictive and would basically eliminate so many things that I think...on a case by case basis would be fine," Mike said.
The committee also flagged the scholarship committee’s annual raffle as a critical program that benefits students; Robin said it "really scares me because our students really benefit from those scholarships." John said such programs should be explicitly reviewed and, where necessary, accommodated in the policy with appropriate safeguards (for example, adult-only ticket sales and independent PTO/booster registration).
Next steps: John offered to review upcoming events that committee members identify and to draft proposed edits to the JJE language so it (a) defines "gambling" and "game of chance," (b) clarifies when students may not participate, and (c) prevents use of district communications to promote raffles or lotteries. The subcommittee agreed to compile examples and questions for counsel’s review and to await his suggested revisions before taking formal action.
The committee did not vote on policy language at the meeting. Chair Randy said the group would incorporate counsel’s edits and return the matter to the policy subcommittee for further consideration.
