Jon,

That exactly is the point though. As Sandy pointed out they are doing all this to advocate a position and seek a YES vote from people that they are attempting to influance. They are not just presenting the information they are actively seeking YES votes, they are planning on doing it on school grounds, as far as I know on election day, and are using school and PTO funds to pay for it.

ooooopppppppssss....
I meant to say, they are not promoting a yes or no vote; just to vote.

Tim and Dave,
I'm kind of surprised about the issue. A non-profit can lobby just as well as a for-profit organization. Both have to be registered to conduct that type of business. I think the issue is that schools and groups directly affiliated with them are prohibited from politicking. (And I think that it isn't just in CT) They can provide information about upcoming issues, but can't say vote for this or not for that. Some of the info can be these things will be cut if the budget doesn't get approved or these buildings will cost x millions of dollars if you don't approve new schools. It seems like they are promoting one side over another but, as the state Election Commission stated, they are promoting a yes or no vote. Splitting of hairs??? Sure, but that is the state we live in.
My opinion: the school and their donuts were wrong.
Thanks for the opportunity.

All I can say is “THANK you all!" (espeacailly you, DaveP) I am learning, and have spent a great portion of my weekend reading (bylaws and Roberts Rule) although I too think my priority (recess issue) is no more then a dead fish floundering when it comes to what our PTO can, or will do! NOT for one minute that I don't believe it is not within their power or outside the rights to address the issue for the now 1500 residents who have signed the petition!

Below is a clip from our address to the PTO board:

In your bylaws; Article II, sections 1 & 5 states; that this organizations objectives are;

1.) To promote the welfare of children and youth in home, school and community ..."

5.) To develop between educator and the GENERAL PUBLIC such united efforts as will insure for every child the highest advantages in PHYSICAL, MENTAL and SOCIAL education.

Taking this language into account, then the issue we present to you is indeed an issue the PTO can and should be involved in. The refusal of the President or any member of this board to do so would be in violation of the very bylaws you have sworn and are empowered to enforce.

The issue of recess is not merely a passion, nor is it personal opinion that has brought together over 1,300 people in this school district, but it is the rights of every child.

I’d like to read to you a section of the United Nations’
~Declaration of the Rights of the Child~, in which in Article 31 states:

*) “Recess is the right of every child, and every child has the right to leisure time. Taking away recess, whether as a disciplinary measure or abolishing it in the name of work, infringes on that right.”

For the record I’d like to point out to this PTO board that currently, at OUR SCHOOL both infringements apply!

Also, at this point of our address I’ll point out the packets provided to you, they contain 13 documents and positions papers from various accredited sources; including the “The National Assoc. of Early Childhood Specialists”, the National Assoc. for Sports and Physical Education” and the “American Council on Physical Education for Children in State Departments of Education”. Because there is so much information in each document I copied only the front page of each and placed a link to the document underneath the heading, so anyone interested can read any of these documents in their entirety. I implore you to read the documents, become educated on the relevance of recess in the daily lives of children.

The National Association of Early Childhood Specialists in State Departments of
Education takes the position that recess is an essential component of education and that preschool and elementary school children must have the opportunity to participate in regular periods of active, free play with peers.

The National Association for Sport and Physical Education has issued their Position Statement: “Recess and the Importance of Play”
Which states; “that, while recess is an essential component of the elementary school program, it is inappropriate to substitute recess for physical education or physical education for recess. The paper also addresses the fact that recess provides the opportunity for young children to develop and improve many social, life, and physical skills.

It has to be obvious to you that we are not just following our hearts where our children are concerned, but have researched the issue in depth. We hope that each of you will take it upon yourselves to do the same. We, the “PUBLIC GENERAL” would like this PTO board to answer our address today with your own well-informed, based on fact position, and intent regarding the recess deletion at our elementary school.

We have yet to hear anything from anyone on our PTO board.

[ 11-09-2003, 07:43 PM: Message edited by: SandyinTexas ]

National PTA is a 501(c)(3).

I don't have all the relevant docs here in front of me on this cold weekend afternoon, but I believe the only state PTA that has opted for the "lobbying" designation is the Washington state PTA. National and almost all state PTAs have exactly the same designations as the locals.

My guess is that your analysis of the text of the IRS doc differs from how the IRS has interpreted the same language over the years.

Will try to get our nonprofit law expert to chime in here.

Tim

I hate to labor this point but ....

Tim I would refer you to page 45 of Publication 557 .. I will not quote all of it here the relivent portion is contained at the end of the attempting to influance legislation does not include ... sectionm after para 5) b). "... unless these communications directly encourage the members to attempt to influance legislation or directly encourage the members to urge nonmembers to attempt to influance legislation, as explained earlier." There are other portions of the code that apply here but I think that one sort of sums it up.

At first this may seem in conflict with the definition of lobby activities, but remember we are not talking about the PTO engaging in lobby activities but just influancing legislation.

Also the National PTO (as well as state orgainzations) is organized as a Lobbying Group, this is why they can maintain their non profit status and do these things, I doubt a local PTO is so organized. BTW merely filing a 5768 does not satisfy the requirements since PTA and PTOs would not fall under the provisions of organizations eligable to file that exception.

The PTA is organized with sub organizations that are more limited than the national and state organizations, since most PTOs merely have copied the by laws of the local organizations they copied these restrictions.

Encouraging people to come and vote is a good thing, encouraging people to come and vote a certain way is not! Using your funds to provide refreshments for people to come and vote the way you want them to is most assurdely bad!

Providing coffee and dounuts for the general public to come out and vote may seem innocent enough also and probably will not draw a IRS audit, but passing out flyers to vote a certain way, telling people to vote for something, and enagaging in attempting to influancing their vote may Let me say this again - may draw unwanted attention.

We haven't even discussed the obvious here though. As I understand the plan, it is to do the above, attempt to influance a vote on election day at the polling place ... I strongly suspect the Polling Captain will have a lot to say about this.