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(c) Educational Institutions

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Some states exempt at least certain types of educational institutions (often with emphasis on higher education) from the entirety of their charitable solicitation acts. Usually, this exemption applies only where the institution is accredited. The more common practice is to exempt educational institutions from only the registration or other preapproval (and sometimes reporting) requirements.

States may, either as an alternative to or in addition to the foregoing approach, exempt from the registration and reporting requirements educational institutions that confine their solicitations to their “constituency.” Thus, a state's law may provide an exemption from registration for any other educational institution confining its solicitation of contributions to its student body, alumni, faculty and trustees, and their families.

On occasion, a state may exempt solicitations by educational institutions of their constituency from the entirety of their charitable solicitation laws.

Many schools, colleges, and universities undertake their fundraising by means of related “foundations.”50 Several states expressly provide exemption, in tandem with whatever exemption their laws extend to educational institutions, to these supporting foundations. Some states exempt, from the registration requirements, parent–teacher associations affiliated with an educational institution, alumni organizations, and student groups.

The Law of Fundraising

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