It is extremely unlikely you will be sued. Your school district, Superintendent or Principal could possibly be sued though.
The Public Disclosure Commission (PDC) was formed by the citizens of the state through an initiative to make sure that state facilities and money are not used for lobbying efforts. If you step back and think about this, it makes sense, you don’t want your tax dollars being used to lobby or campaign.
Typically a complaint will occur during a school district bond/levy campaign. The opposition to the ballot issues will file a complaint and the bond/levy ballot issues will fail..(even if the complaint was unfounded). If however, the complaint is found to be valid, the school district and perhaps the superintendent will be fined. This has happened a few times across the state.
What is lobbying or campaigning?
• Asking people to vote yes or no on a bill is direct lobbying.
• Asking people to attend a rally in support of a bill is direct lobbing.
What if you can’t tell if it is lobbying? Ask the communications director in your school district. It can be very, very difficult to tell if your flyer is actually lobbying or not. And, different school districts interpret this different ways. Clearly the best thing to do is to talk to your school district communications director. They will be thrilled that you were proactive, and you will build a very positive relationship with the school district.
But, here is where things get tricky. As a PTA, or an outside organization that is using or renting school facilities you can do whatever you want within the constraint of the meeting, even on school property. You can talk about bills, you can endorse bills, you can pass out flyers, buttons, signs, stickers that all say Vote YES for something. And, if the PTA is running an event like a reflections reception or a movie night, you can also lobby.
The bottom line is…you can’t use any school resources to lobby except within the confines of a PTA meeting or event.
For those of you who like to know a lot more, here is a link to the PDC website that outlines what can and can’t be done, there is a matrix in this file that can be quite useful. Guidelines for Local Government Agencies in Election Campaigns