An Administrator's Guide to California Private School Law

Chapter 18 – Political Activity

official regarding an election, can raise the possibility of improper political activity. The consequence of a school violating the political activity guidelines can be quite damaging. Apart from unwanted publicity and the taint of partisanship, the Internal Revenue Service could revoke a school’s non-profit status and impose an additional tax. Schools should therefore be cautious when they encounter the political process!

L OBBYING

Section 2

A. W HAT I S L OBBYING ? Lobbying is any attempt to influence legislation by contacting, or urging the public to contact, a member or employee of a legislative body in order to propose, support, or oppose a specific piece of legislation. 2435 Legislation includes any act, bill, resolution, or similar item by the Congress, any State legislature, any local council, or similar governing body. 2436 There are two types of lobbying: direct and grassroots. Direct lobbying occurs when an individual or organization personally contacts a member of a legislative body and urges action on a specific piece of legislation. 2437 Grassroots lobbying occurs when an individual or organization urges the public to contact a member of a legislative body. To qualify as grassroots lobbying, there must be a communication with the public that refers to specific legislation, reflects a view on that legislation, and includes a call to action asking the recipient of the communication to contact a legislator. 2438 For example, if an employee of a private school meets with a member of the local City Council to urge the passage of a new bill easing zoning requirements, that person has engaged in direct lobbying. But if the same school takes out a full-page ad in the local paper, asking readers to contact their City Council member and urge him or her to support the proposed zoning requirements, then the school has engaged in grassroots lobbying. There are certain activities that are specifically exempted from the definition of lobbying. It is not considered lobbying to:

 Make available the results of nonpartisan research or analysis;  Provide technical advice or assistance to a governmental body or subcommittee in response to a written request;  Testify in front of a governmental body regarding any action that body may take that affects the existence or tax-exempt status of the organization;  Communicate with an organization’s members about legislation so long as such communications do not amount to grassroots lobbying; and  Communicate with a member of a legislative body apart from attempts to influence legislation. 2439

It is important to note that not all communications to a governmental body or official in support of or opposition to certain actions is lobbying. For example, asking an administrative board to

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 593