118.27 Gifts and grants.
(1) In this section, “community foundation" means a charitable organization, described in section 501 (c) (3) of the Internal Revenue Code and exempt from federal income tax under section 501 (a) of the Internal Revenue Code, dedicated to encouraging and assisting charitable activities and enterprises in a designated community in this state and having expertise in finance, fund development, and grantmaking.
(2) The school board of a district may receive, accept, and use gifts or grants of furniture, books, equipment, supplies, moneys, securities, or other property, real or personal, used or useful for school research and educational purposes. All moneys received as gifts or grants shall be placed in the school district treasury but shall be considered segregated trust funds. Whenever a school board receives gifts or grants under this section, it shall make such use thereof, or invest the same in the case of moneys, as the donor or grantor specifies. In the absence of any specific direction as to the use of such gifts or grants by a donor or grantor, the school board may determine the use of or invest the same in accordance with the law applicable to trust investments, or may, subject to sub. (3), transfer any such gift or grant to a community foundation. In the use, control, or investment of such gifts or grants, the school board may exercise the rights and powers generally conferred upon trustees.
(3) A school board may transfer a gift or grant to a community foundation only if the school board and the community foundation agree, in writing and at the time of the transfer of the gift or grant, to each of the following:
(a) The community foundation agrees to make disbursements from and of the gift or grant to the school board upon the written request of the school board.
(b) Subject to par. (bm), the school board retains control over the manner in which any disbursement made under par. (a) is used.
(bm) The school board's use of any disbursement made under par. (a) shall be consistent with the intent of the donor of the gift, bequest, or endowment and with the agreement between the school board and the community foundation.
(c) The school board exercises its rights over the use of each disbursement made under par. (a) in accordance with the law applicable to trust investments.
History: 2011 a. 163.
Except for moneys transferred under s. 66.30 (2m) (e) [now s. 36.11 (19) (e)], a district must act as trustee of moneys received under this section. 74 Atty. Gen. 45.
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