By BILL
JONES
Staff Writer
The Greene
County School System may be starting the school year without assistance from many of its
community-based support organizations.
Only about 10 of approximately 40
parent-teacher groups, booster clubs and others have complied with a new state law that requires
groups to obtain non-profit status, according to Director of Schools Dr. Joe
Parkins.
Those that have not complied can no longer legally operate,
Parkins said.
Groups in compliance:
* the
BEST/ELP Association;
* Chuckey School in
Action,
* Chuckey-Doak High School Academic
Boosters;
* Chuckey-Doak Band Boosters;
*
Chuckey-Doak Middle School Parent, Teacher, Student Organization;
*
Mosheim PTA;
* Nolachuckey Booster Club;
*
North Greene Band Boosters;
* North Greene Community Association;
and
* South Greene Band Boosters.
In addition,
Parkins said, he had received incomplete paperwork from about 15 other
organizations.
Background
Parkins had
said in October 2007 that school support organizations had until July 1, 2008, to file documents
with his office showing that they have received non-profit status and have adopted bylaws in keeping
with the new law's requirements.
He had met with representatives of the
school support organizations to explain the law.
Previously, Dr. Parkins
said then, school-support organizations had not been regulated by state
law.
"We regulated them, somewhat, by restricting use of our facilities,"
he said. "We also prohibited students from doing any door-to-door selling for fundraising
purposes."
What The Law Says
Th new
law states, "The General Assembly recognizes the importance of school support organizations in
providing financial support to help carry out academic, arts, athletic, and social programs to
further educational opportunities for the children of Tennessee."
"The
General Assembly also recognizes concerns that parents and other persons who support these
organizations have in ensuring that money raised by these organizations is safeguarded by them and
used to further the activities for which such money is raised.
"It is,
therefore, the intent of the general assembly to ensure the continued support of academic, arts,
athletic and social programs, which help to educate the children of Tennessee, while also ensuring
fiscal accountability of school support organizations."
Organizations
Defined
The new law also includes a definition of what constitutes a
school support organization.
" 'School support organization' means a
booster club, foundation, parent teacher association, parent teacher organization, parent teacher
support association, or any other non-governmental organization or group of persons whose primary
purpose is to support a school district, school, school club, or academic, arts, athletic, or social
activities related to a school which collects or receives money, materials, property or securities
from students, parents, or members of the general public," the law says.
Must File Annual Form
The law notes that prior to
soliciting, raising, or collecting money, materials, property or securities to support a school
district, school, school club, or any academic, arts, athletic, or social activity or event related
to a school, a school support organization shall submit to the director of schools or the director's
designee a form which, at a minimum, documents the following:
* The
organization's status as a nonprofit organization, foundation, or a chartered member of a nonprofit
organization or foundation;
* The goals and objectives of the
organization; and
* The telephone number, address, and position of each
officer of the organization."
In addition, school support organizations
must submit annually a form to the director of schools or the director's designee, which verifies
its continual recognition as a nonprofit entity or foundation and the current telephone number,
address, and position of each officer of the organization, the act
states.
Also, school support organizations "shall annually, at a time
designated after the end of the school year, provide at a minimum a detailed statement of receipts
and disbursements to the applicable school principal," the act notes.
In
addition, the act requires that school support organizations maintain a copy of their charters,
bylaws, minutes, and documentation of their recognition as a nonprofit
organization.
Also, a school support organization shall maintain
financial records for a period of at least four years;
The act also
requires that school support organizations' officers ensure that "school support organization funds
are safeguarded and are spent only for purposes related to the goals and objectives of the
organization."
Each school support organization shall adopt and maintain
a written policy which specifies reasonable procedures for accounting, controlling and safeguarding
any money, materials, property or securities collected or disbursed by it, according to the new
law.
Treasurer Rules
The law also
forbids school-system employees from serving as treasurers of school support
organizations.
"A school representative may not act as a treasurer or
bookkeeper for a school support organization," the act states.
"A school
representative may not be a signatory on the checks for a school support organization. A majority of
the voting members of any school support organization board should not be composed of school
representatives."
The law also says local boards of education may adopt a
policy regarding school support organizations "which is more
restrictive."
"As a result of this policy, the local board of education,
director of schools, local school principal or any other school official shall not incur any
liability for the failure of a school support organization to safeguard school support organizations
funds," the law says.
Furthermore, the law says, the director of schools
or the director's designee shall annually post or publish a list of organizations that are
recognized as school support organizations.