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November 21, 2009

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New Law Sidelines Many Booster Groups

Published: 12:27 PM, 07/16/2008 Last updated: 12:29 PM, 07/16/2008
 


Source: The Greeneville Sun

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.

For more information and stories, see today's edition of The Greeneville Sun.

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