PTOToday Insurance for Parent Groups

PTO Today

Helping Parent Leaders Make Schools Great

What's Up?

SchoolFamily.com
Schoolfamily.com—
another great tool to share with parents and increase involvement. Packed with tons of tips, information and advice! Learn More.

Advertisement

This article is part of the following categories:
Bylaws/Nonprofit President The Principal


Whose Rules, School or PTO?

Picture

Collaboration between PTO and school is crucial to success, but it's also important to know who has final say when disputes arise.

by Sandra Pfau Englund

How much control does your local school board, superintendent, or principal attempt to exercise over the PTO? Recently, I attended the first PTO meeting at my children’s new school. I was surprised to learn that the local board of education has issued rules attempting to regulate the operation of school parent and booster organizations. Some of the regulations make sense, but others may go beyond the legal authority of the school board and hamper the ability of the PTO to operate effectively.

If a PTO is a program of the school—it is set up and managed by the school—then the school may supervise and control the activities of the PTO. In such a case, however, the school also is liable in a legal sense for the activities of its PTO program. For independent PTOs, those that are separately incorporated or that operate as independent, unincorporated associations of parents, the school has more limited authority. The school may supervise and control an independent PTO regarding the use of school facilities and the activities students engage in during school hours or as part of a school program. Beyond that, however, the PTO’s own rules—constitution or articles of incorporation and bylaws—should control.

One crucial note before we get into specifics. Principals and parent groups each hold considerable power to make the other’s work easy—and miserable. Know your group’s rights and stand up for them, but do it through discussion and negotiation. Divisiveness and animosity hurt the school and the children. You don’t want to create a situation like that whenever it can be avoided, and your principal shouldn’t, either.

At my children’s new school the school board has set forth regulations, including these three:

  • The group must receive approval from the principal when planning functions in which students will participate.

  • The use of school facilities must be requested through the principal.

  • All items donated by parent or booster groups become the property of the school, and the school may use or later modify or sell those items.

These regulations are within the legal authority of the school. Any activity involving students, including distributing fundraising materials or PTO newsletters through the classrooms or organizing assemblies or other enrichment activities in which the students will participate, may be controlled by the school. In addition, any activity involving school facilities, such as an annual fall fair or other fundraisers, may require the approval of the school for use of the facilities owned and controlled by the school.

Also, items donated to the school become the property of the school to do with as desired. For example, it may upset PTO members to learn that computers they donated have been sold or used in the library rather than the classrooms designated by the parent group, but once the items have been donated, the PTO has no legal authority over them.

Overstepping

Other rules of my local school board go beyond its legal authority.

  • Parent and booster organizations must submit their annual fundraising plans to the school principal, and the plans then must be approved by the school board prior to the start of the school year.

  • The principal must approve and supervise all fundraising activities.

  • The mutual agreement of the principal is required prior to purchasing equipment, supplies, or materials for the school.

  • All funds of parent groups must be deposited in either FDIC or FSLIC institutions.

  • An outside audit of financial records must be conducted each year, and a copy of the report must be submitted to the principal and the school system’s finance officer.

  • Funds of any parent or booster group must revert to the school if the group dissolves.

Annual fundraising plans are submitted to the school board to ensure that multiple schools are not attempting to sell candy or wrapping paper at the same time. However, the rule also may hinder the local PTO if it comes up with a new fundraising idea during the year and is unable to move forward with it.

Legally, an independent parent group may raise funds for a school without anyone’s approval. The PTO can even state, without the school’s approval, that the funds are being raised to purchase new computers or a playground. The school may refuse the funds or items purchased with them, but it cannot legally control the fundraising. So while cooperation is important to make sure the school wants the money raised or items purchased, sometimes schools attempt to exercise control beyond their legal authority.

Know Your Rights

Similarly, while depositing funds in secure banking institutions and conducting an annual audit are good financial practices, the school and school board have no legal authority to impose these regulations on the PTO. The school board may make suggestions regarding financial controls. However, the PTO has the authority to determine and implement its own financial practices.

In addition, the PTO may determine how its funds are distributed upon dissolution. Under IRS rules, organizations tax-exempt under section 501(c)(3) must distribute funds to other (c)(3) groups upon dissolution. The school may be the logical recipient, or it may make sense to distribute the funds to a new or different parent or booster group.

Cooperation between any parent group and the school it supports is essential to carry out the mission of the PTO. However, as a PTO leader you should understand the extent of a school’s legal authority over your organization’s activities. This may allow you to make better and more informed decisions about the operation of your group.

Sandra Pfau Englund is an attorney specializing in legal issues for PTOs and other nonprofit organizations.

Rate This Article

(12 Votes)

Comments

  1. Posted by Deborah on Mar. 12, 2008

    I am dealing with an issue and really could use some advice. Two other moms and I are chairperson's for our Talent show and wouls like to invite our homeschooled kids to participate. I was told that iit is stated in our bylaws that no one who is not a member of the PTO is allowed to participate. The only thing that it currently states is that non-members can not attend PTO meetings. Last year we combined school districts and since then all the children have been getting along well and I thought by allowing the homeschooled children to attend it would say to are community that we don't want to segregate anyone. Both principles were okay with the homeschool kids participating until the vice president told them that it states in the bylaws that non-members are unable to attend any PTO sponsored function. Which is completely untrue. I really need some advice on how to carry this out at the next PTO meeting. HELP!!!!!!!!!!!!

  2. Posted by June on Mar. 18, 2008

    I have taken over the PTO at our school. The principal says that everything must be run through the school board b/c the PTO is a committee of the board. We have no PTO by-laws that I am aware of yet we have a seperate checking acct (which the secretary controls on behalf of the principal). Where do I go in Oregon to find out our PTO rights? The admin. won't even let me post a blog as a PTO website. Help! I want to get along but my hands are tied.

  3. Posted by Lisa on Mar. 19, 2008

    I am the president of our local PTO, and we are dealing with some issues regarding our rights as a PTO. Do rights change when the school is a Private Christian Preschool? If we do not have out own 501(c)3 status and are using the Church/Preschool for that, does that give them more control of how we spend our money or what rights we have?
    Thanks for your help!

  4. Posted by mami1978 on Mar. 24, 2008

    I am on the pto at my children school. I would like ot know the pros and cons of having a corporation. from what i have read, a corporation is only to protect us as group and legally we cannot be taken out as individuals and then we would also need to get insurance for our group.please elaborate more if i am incorrect

  5. Posted by Kathryn Lagden from PTO Today on Mar. 25, 2008

    Lots of great questions here. I've reposted most of them in our Message Boards as they're the best place to ask these specific questions. Lots of knowledgeable and experienced folks there willing to help. Our PTO Today experts jump in to the conversation as well.

    The URLs for the individual posts are too long to cut/paste into this comment box but if you go to ptotoday.com/boards and use the search feature (left hand side) you should be able to find the discussions. If you need help please email me at klagden (at) ptotoday (dot) com.

  6. Posted by Naomi LaMonto on Apr. 18, 2008

    I have a question about PTO officers. Can a teacher be an executive officer? Our current officers,myself as president, is leaving after 4 years. In an attempt to not have the organzation dissovle a teacher would like to be elected to the board. We currently have only two parents interested in president & vice-president. Another question I have is, do you always need 4 officers? Our bylaws don't address these issues. They do state that OUR PTO should consist of four officers. Our teachers want the current bylaws changed, can I do that this late in the year? Should I?

  7. Posted by Craig Bystrynski from PTO Today on Apr. 18, 2008

    Hi Naomi--The short answer is if your bylaws don't address whether a teacher can be an officer, it's OK. Read carefully, though. Some bylaws, for example, define who can be a member, then say officers must be members. Your bylaws should also spell out how they can be amended. It's important to follow those procedures exactly. As for whether you should make a change or not, we posted your question in the Robert's Rules & Bylaws section of our message boards. There are lots of people there with firsthand experience with issues like these who will be happy to offer input. Good luck!--Craig

  8. Posted by Sherry Browning on May. 05, 2008

    I have a question? what is the official way an election should take place?

    could you please respond asap?

    thanks
    Sherry

  9. Posted by Kathryn Lagden from PTO Today on May. 05, 2008

    HI Sherry - There should be some specifications in your bylaws about elections. This is what Robert's Rules has to say: Nomination committee presents its candidate(s) (If applicable). Floor is open to additional nominations; no second is needed. Person nominated does not have to be present but may decline. Vote by ballot, hands, or acclimation is OK (might be specified in your bylaws). Person with most votes wins, unless your bylaws specify a runoff (majority required). For more information I suggest you take a look at Robert's Rules, it has a section on Nominations and Elections.

  10. Posted by Sam on May. 05, 2008

    Several parents have made requests for a copy of our PTO's bylaws and have been ignored. Throughout the year we have been active in all fund raising but are given only vague answers as to what the funds are being raised for.

    The latest is a surprise meeting indicating they will be installing newly elected officers and no one knew there had been an election.

  11. Posted by nani perez on May. 14, 2008

    My daughter's school is an incorporated pto, by this time several parents (including myself) were requesting from the pto officers a copy of the budget and the way that they spent the moneis raised trought different fundraisers along the school year and they just told us that there are no money left. We went to the principal office and she told us that since is and incorporated pto she can't do much. Is that true? How is that possible that a bunch of people can run a parents and teachers association , and nobody has the power to make this people answer our concerns? Is there a way that we can make this board members answer our questions? Is there a way that we can make our petitions more official or do we have to sue them?
    This is a very concerned mother who love her daugthers and her daughters school. May somebody pleeeeease help us?
    Nani :)

  12. Posted by Kathryn Lagden from PTO Today on May. 15, 2008

    Hi Nani - It's true that an independent parent group isn't governed by the school. However, it is governed by its own bylaws. If you and other parents want to make a change, you can do it by attending meetings,
    raising agenda items, and voting. Reading the bylaws is a good place to start. You'll also find some folks who have been through difficult times with their groups on our message boards. It's a good spot to learn how others handle similar challenges and you can jump in and post your own specific question as well.

  13. Posted by Tee on May. 30, 2008

    Hello I have some concerns regarding PTO at my childs school. I am the PTO president and I would like to know does the principal have the right to keep the pto check book and monitor the pto account. and does she have the right to tell the pto what they can and how much to spend and what to do. I have approached the principal regarding her controll issues with the pto and she stated that she is held responsible for what is spent and how we handle our account and that she could get fired if pto books are not correct if we are audit. Please send me some information regarding this problem. Thank you

  14. Posted by Kathryn Lagden from PTO Today on May. 30, 2008

    Hi Tee -- Check out the article Make Peace With the Principal. It addresses exactly the issue you're asking about. Here's the link:
    http://www.ptotoday.com/pto-today-articles/article/382. You'll also find a lot of help and advice on the message boards from folks experienced in dealing with principals: www.ptotoday.com/boards. Good
    luck!

  15. Posted by Susan on Jun. 05, 2008

    Our PTO is stating in the bylaws that you have to be an "at-large" member - voted in at the Sept meeting - and attend a certain number of PTO meetings (Can't miss more than 2) to be allowed to vote on issues. Shouldn't any parent at the school be allowed to be a member of the PTO and vote if they choose to attend a meeting (even one meeting a year)?

  16. Posted by mary on Jun. 18, 2008

    i have some issues with our PTO.....
    can adminstration---office manager,etc...be elected to the board in any position...can adminstration nominate and be part of the voting process...........is there a grace period for becoming a paid member in order to vote, like paying the night of elections....a nominee using school info to solicit the fact that she is running....can the bylaws be completely changed and where can we get some bylaws....who makes final decision on which fundraiser companies to use....i have lots of issues...the above need to be addressed and resolved before the new school year starts. thank you

  17. Posted by renee ellis on Jun. 21, 2008

    the pto council told me to merge our pto school store in to our main treasurer(they have been seperate til now and has had no rules or checks and balance one person has a check book with 12,000 and we know nothing else) at our meeting i said that we had to merge the two and my principal over ruled me and said no let's keep it the same and at the end of the year they'll report to us. the pto has no idea what's coming in or out, that's why the pto council on advice of cpa's to merge the two, i don't think he can do this. please help

  18. Posted by renee ellis on Jun. 23, 2008

    our school has a pto store but forever it has had it's own check and bank acct. they never check with the pto on income or expenses. well our pto council(via the irs) has told me as the president to merge the store into the main pto acct, but my principal over ruled me at our pto mting in front of everyone. i see that in know your rights that he can't tell us what to do with our financial practices. what to do

Add Comment



Click to get a new image.