so we are trying to dissolve out local PTA and it seems harder than we thought. here is what i got from our local PTA rep.

RULES FOR DISSOLVING PTAS

1. The Local PTA board shall adopt a resolution to dissolve at a regular or special called board meeting attended by the Area PTA president or his designated representative. The Local PTA president shall contact the Area PTA president, giving plenty of notice of the meeting. The Area PTA president or his representative shall have time on the agenda to explain the procedures for dissolution and provide information concerning the loss of PTA membership.

2. The Local PTA executive board shall adopt a resolution recommending that the question of such dissolution be submitted to a vote at the special meeting of members. Written notice stating the purpose of the special meeting shall be distributed through the regular publicity channels to each member at least thirty (30) days prior to the date of the meeting. Wording for the notice shall be provided by Texas PTA.

3. The executive board shall compile a list of PTA books, records, assets, and property to be distributed with the meeting notice to the membership. In the event the motion to dissolve is adopted, this list shall be used by the membership to determine the distribution of funds and assets. The funds must be used in accordance with the purposes for which the PTA was organized, according to *Article IV: Basic Policies (f), and Article VI: Relationship with Texas PTA, *Section 5 (a, b, and c) of the Local PTA Bylaws of the Texas PTA.

4.******** Notification of the special meeting shall be sent by certified mail to the Texas PTA President at the Texas PTA Office, postmarked at least forty-five (45) days before the date of the meeting. The notification should include the minutes from the board meeting at which the resolution was adopted and a copy of the notice of the special meeting to the membership. A representative of the Texas PTA, appointed by the state president, shall be present at the special meeting and shall be given adequate time on the agenda to address the membership.

5. Only those persons who were members at the last regular meeting of the Local PTA shall be entitled to vote on the question of dissolution.

6. Approval of dissolution of the Local PTA shall require the affirmative vote of at least two-thirds (2/3) of the members present and entitled to vote at the special meeting, a quorum being present.

7. Since “PTA” is a registered service mark, the dissolved unit shall discontinue the use of the “PTA” name immediately and shall return the charter to the Texas PTA Office within fifteen (15) days of the special meeting. Other records and assets shall be returned according to Texas PTA Standing Rules.

8. The Texas PTA shall discontinue servicing the dissolved unit and shall notify the Council and Area PTAs in whose area the Local PTA is located, as well as the National PTA office, Internal Revenue Service, and all taxing agencies. The dissolved unit shall receive a letter detailing their responsibilities.

(1)RECOVERY OF PTA BOOKS, RECORDS, ASSETS AND PROPERTY

1. A form letter to be sent to associations who have voluntarily or involuntarily disbanded, stating all books (financial accounts), records (materials, minutes, files, etc.), assets and property (silver items, coffee pots, typewriters, copies, etc.) have reverted to and are now the property of the Texas PTA.

2. Fifteen (15) days from the date on the letter, all the above shall be given to the state board member living nearest the association (name, address and phone number of board member will be included in letter sent to association).

3. If property has not been received by the designated person by that date, the state board member will then be authorized by the Texas PTA to locate items and pick them up at earliest possible date.

4. Texas PTA will notify both state and federal authorities that the disbanded association is no longer affiliated with the Texas PTA.

Minutes of the dissolution meeting that include the vote to dissolve (remember this must be a 2/3 majority) and the dispersal of funds and property must be sent to the Area President. The Area President then sends a copy of this document to the Membership Director at the Texas PTA office so she may update the Texas PTA Membership database and notify the IRS of the dissolution.

can we just leave our pta alone and no longer use it? would that be easier?? thanks for any help!

kim

Short answer to your last question is yes. I've seen a lot of these docs from state PTAs and this is one of the most over-the-top yet. C'mon. They want your coffee pot? Give me a break!

So I don't have a ton of time tonight for this, but you're really guided by *your* bylaws and nonprofit/IRS law. That's it. The state PTA may tell you all kinds of things, but they have very obvious incentives to make this both a) seem to be; and b) actually be as difficult a process as possible.

Fact is that if your PTA shuts down and doesn't add members and doesn't send in dues -- net effect = same.

Fairly easy to make sure you really don't have any assets when the group finally gets dissolved. That's the easiest way to avoid that argument, though I also highly question the basis for which state PTA's lay claim to those assets. Just easier to avoid the discussion by moving your assets out of the PTA before formally dissolving.

Gosh, that level of over-reaching is frustrating. LWouldn't it be better if they worked on making it great (and worth the money) to be a PTA, rather than working so hard to intimidate folks into staying a PTA?

Tim

We are trying to change over to a PTO also and I have to agree that I feel intimidated. I am so confused on how to proceed with it. Our memberships are up on Sept. 30th and we are in the State of NJ. Does this mean that we have to dissolve all our assets before the 30th to avoid the State taking everything?

ok, so i am thinking, we will open a new checking account for our PTO, make sure we have no other assets, and not add any new members this school year and we will be free and clear...... i suppose they want us to do it their way, the hard and intimidating way, but i think if we can get away with it, we will do it our way. just not continue to pay dues. i was really upset when i received this message yesterday. thanks for the help tim!

You (and your board) have decided what's best for your membership without even asking them if they want to leave PTA.
If you hold a membership campaign, you are committing fraud -in that you collect PTA dues -and embezzlement -in that you don't remit to the state office the portion that isn't yours.
If your membership wants to leave PTA- fine. But don't make that decision for them.
Texas PTA has hurdles to ensure that a few people don't have the ability to dissolve the PTA without letting the membership decide for themselves.
The state PTA would rather you dissolve your PTA legally (paperwork included) than to have it die a slow lingering death.
There are PTAs that do just vanish and there has to be a legal manner in which the state PTA can clean up the mess left behind. No, they don't want your coffee pot or your copier.
They do want your membership to make the decision, not a few people.
When a PTA goes PTO it's usually a decision made by a board of 3 to 5 people.
They don't give the membership a choice, they just stop communication with the state office.
It's a business. When you fold, you have obligations to your "stock holders" and to the government. The IRS and the comptroller's office need to be notified. The state PTA office will do it for you but you need to go through the hoops that your org. has outlined in its bylaws for dissolving.
Your bylaws aren't just a .doc file sitting in your computer. They are as legally binding as all the other non profit business charters that operate in Texas.

You and your board make the pitch to become a pto, then the state rep. makes their pitch. Membership votes and 2/3's rule. Simple as that. Democracy at it's best.
If you're too intimidated to speak to the area rep about dissolving, have someone else from your board do it.

this has NOT been a board only decision,,,,,,, this was voted on at our last meeting and EVERYONE voted to dissolve the PTA.... we know there is no reason to send our dues to them and get little in return..... the first post above was a copy and paste from an email to me from the area rep.... word for word....... we know this is what is best for us...... and ALL of us voted that way,,,,, our board would not make this decision alone..... and it has been being discussed since january...... this is not a quick decision.