South Dakota PTA Unit Bylaws


South Dakota Unit Bylaws

revised July 2009

Article I—Name

The name of this organization is the   Laura Wilder  Parents and Teachers (Students) Association (PTA/PTSA), ____Sioux Falls_____South Dakota.  It is a local PTA/PTSA organized under the authority of South Dakota Congress of Parents and Teachers, a branch of National Congress of Parents and Teachers (National PTA). 

Article II—Purposes

Section 1.  The purposes of the PTA are

a. To promote the welfare of children and youth in home, school, community, and place of worship,

b. To raise the standards of home life,

c. To secure adequate laws for the care and protection of children and youth,

d. To bring into closer relation the home and the school, that parents and teachers may cooperate intelligently in the education of children and youth, and

e. To develop between educators and the general public such united efforts as will secure for all children and youth the highest advantages in physical, mental, social, and spiritual education.

Section 2.  The purposes of the PTA are promoted through an advocacy and educational program directed toward parents, teachers, and the general public; developed through conferences, committees, projects, and programs; and governed and qualified by the basic policies set forth in Article III.

Section 3.  The organization is organized exclusively for the charitable, scientific, literary, or educational purposes within the meaning of Section 501(c) (3) of the Internal Revenue Code or corresponding section of any future federal tax code (hereinafter referred to as “Internal Revenue Code”).

Article III—Basic Policies

The following are basic policies of National PTA:

a. The organization shall be noncommercial, nonsectarian, and nonpartisan.

b. The organization shall work with the schools and community to provide quality education for all children and youth and shall seek to participate in the decision- making process establishing school policy, recognizing that the legal responsibility to make decisions has been delegated by the people to boards of education, state education authorities, and local education authorities.

c. The organization shall work to promote the health and welfare of children and youth and shall seek to promote collaboration between parents, schools, and the community at large.

d. No part of the net earnings of the organization shall inure to the benefit of, or be distributable to, its members, directors, trustees, officers, or other private persons except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article II hereof. 

e. Notwithstanding any other provision of these articles, the organization shall not carry on any other activities not permitted to be carried on (i)by an organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code or (ii) by an organization, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code.

f. Upon the dissolution of this organization, after paying or adequately providing for the debts and obligations of the organization, the remaining assets shall be distributed to one or more nonprofit funds, foundations, or organizations that have established their tax-exempt status under Section 501(c)(3) of the Internal Revenue Code and whose purposes are in accordance with those of National PTA. 

g. The organization or members in their official capacities shall not, directly or indirectly, participate or intervene (in any way, including the publishing or distributing of statements) in any political campaign on behalf of, or in opposition to, any candidate for public office; or devote more than an insubstantial part of its activities to attempting to influence legislation by propaganda or otherwise.

Article IV—Relationship with National PTA and South Dakota PTA

Section 1.  This local PTA shall be organized and chartered under the authority of the South Dakota PTA in the area in which this local PTA functions, in conformity with such rules and regulations, as the South Dakota PTA may in its bylaws prescribe. The South Dakota PTA shall issue to this local PTA an appropriate charter evidencing the due organization and good standing of this local PTA. 

A local PTA in good standing is one that

Adheres to the purposes and basic policies of the PTA;

Remits the national portion of the dues through the South Dakota PTA to reach the national office by dates designated by National PTA;

Has bylaws approved according to the procedures of its state; and

Meets other criteria as may be prescribed by the individual state PTA.

Section 1A. To remain in good standing with the South Dakota PTA, a unit must:

a. Maintain 501(c)(3) status with the IRS either through the South Dakota PTA's own letter of exemption or through the unit's own letter of exemption.

b. Complete yearly tax form with the IRS (if required) and forward a copy to the South Dakota PTA Office within thirty (30) days. (If gross receipts are $25,000 or more file a 990 Form otherwise complete 990-N at the IRS website.) 

c. Purchase liability insurance through the South Dakota PTA by October 15 of each year, or send a copy of proof of liability insurance coverage for members to the South Dakota PTA Office by October 15 each year.

d. Send the names and addresses of members to the South Dakota PTA Office with each dues report.

Section 2.  This local PTA shall adopt such bylaws for the government of the organization as may be approved by the South Dakota PTA.  Such bylaws shall not be in conflict with National PTA Bylaws or the bylaws of the South Dakota PTA.

Section 3.  Bylaws of this local PTA shall include an article on amendments.

Section 4.  Bylaws of this local PTA shall include a provision establishing a quorum.

Section 5.  Each officer or board member of this local PTA shall be a member of this local PTA.

Section 6.  The bylaws of this local PTA shall prohibit voting by proxy.

Section 7.  A PTA member shall not serve as a voting member of this local PTA’s board while serving as a paid employee of or under contract to this local PTA.

Section 8.  Only members of this local PTA who have paid dues for the current membership year may participate in the business of this local PTA.

Section 9.  This local PTA shall keep such permanent books of account and records as shall be sufficient to establish the items of gross income, receipts, and disbursements of the organization, including, specifically the number of its members, the dues collected from its members, and the amounts of dues remitted to the South Dakota PTA.  Such books of account and records shall at all reasonable times be open to inspection by an authorized representative of the South Dakota PTA or, where directed by the committee on state and national relationships, by a duly authorized representative of the National PTA.

Section 10. The charter of this local PTA shall be subject to withdrawal and the status of such organization as a local PTA shall be subject to termination, in the manner and under the circumstances provided by the bylaws of the South Dakota PTA.

Section 11.  This local PTA is obligated, upon withdrawal of its charter by the South Dakota PTA:

To yield up and surrender all of its books and records and all of its assets and property to the South Dakota PTA or to such agency as may be designated by the South Dakota PTA or to another local PTA organized under the authority of the South Dakota PTA;

To cease and desist from the further use of any name that implies or connotes association with the National PTA or the South Dakota PTA or status as a constituent organization of the National PTA; and

To carry out promptly, under the supervision and direction of the South Dakota PTA, all proceedings necessary or desirable for the purpose of dissolving the ________Laura Wilder_PTA.  

Section 12.  A local PTA unit may dissolve and conclude its affairs in the following manner:

a. Notify the South Dakota PTA of your intent to begin the dissolution process.

b. All monies shall be frozen, except those already budgeted or approved, until the question of dissolution has been decided.

c. Membership must vote to dissolve.

a. Ten members or ten percent of the membership of the local PTA, whichever is larger, must sign and include their addresses on a petition recommending dissolution.  These petitioners may not include member of the Executive Board.  The Executive Board shall submit the question of dissolution to a vote at a special meeting of those members having voting rights.

b. Written notice of the special meeting regarding the question of dissolution shall be given to each member of the local PTA and to the South Dakota PTA president thirty (30) days prior to the date of the meeting.  A list of the names and addresses of the petitioners shall also be given to the state president.

c. Only those individuals who are members in good standing on both the day of submission of the question of dissolution and on the day of the special meeting shall be entitled to vote.

d. An affirmative vote of two-thirds of the members present and entitled to vote at the special meeting is required for approval of dissolution.  A quorum, as defined in Article XI, Section 4 of your bylaws, must be present.

e. Disposition of assets are governed by Article III, Section F of these bylaws and by the South Dakota PTA Bylaws.

Article V—Membership and Dues

Section 1.  Every individual who is a member of this local PTA is, by virtue of that fact, a member of the National PTA and of the South Dakota PTA by which this local PTA is chartered, and is entitled to all the benefits of such membership.

Section 2.  Each member of this local PTA shall pay annual dues to said organization. The amount of such annual dues shall include the portion payable to the South Dakota PTA and the portion payable to National PTA.

Article VI—Officers

Section 1.  The officers of this local PTA shall be a president, 1 president-elect, a secretary, and a treasurer. 

Section 2.  Officers shall be elected in the month of    April                     . 

Section 3.  The vote shall be conducted by ballot and a majority vote shall elect. When there is only one candidate for any office that election may be held by voice vote.

Section 4.  The following provisions shall govern the eligibility of individuals to be officers of the            Laura Wilder                                  PTA:

        a. Each officer shall be a member of this local PTA .

         b. No officer may be eligible to serve more than        2         consecutive terms in the same office.

        c. A person who has served in an office for more than one half of a full term shall be deemed to have served a full term in             such office.

Section 5.  Officers shall assume their official duties following the close of the meeting in May  in which they are elected and shall serve for a term of     1       year(s) or until their successors are elected.

Section 6.  A vacancy occurring in the office of president shall be filled for the remainder of the unexpired term by the      president-elect. A vacancy in any office other than president shall be filled by the executive board.

Section 7.  There shall be a nominating committee composed of         3             members who shall be elected by this local PTA at a regular general membership meeting at least 

___3____ _         months prior to the election of officers, as outlined in Article VI, Section 2.

The committee shall elect its chair.

The nominating committee shall nominate an eligible person for each office to be filled and report its nominees at the regular general membership meeting in     March                    , at which time additional nominations may be made from the floor.

Only those individuals who are current members of this local PTA and who have signified their consent to serve if elected shall be nominated for, or elected to, such office.

Article VII—Duties of Officers

Section 1.  The president shall

Preside at all meetings of this local PTA;

Serve as an ex officio member of all committees except the nominating committee;

Coordinate the work of the officers and committees of this local PTA to promote the purposes;

Perform such other duties as may be provided for by these bylaws, prescribed by the parliamentary authority, or directed by the board of directors or executive committee.

Section 2.  The vice president(s) shall

Act as aide(s) to the president;

In their designated order President-elect, perform the duties of the president in the president’s absence or inability to serve;

Perform such other duties as may be provided for by these bylaws, prescribed by the parliamentary authority, or directed by the president, the board of directors, or the executive committee.

Section 3.  The secretary shall

Record the minutes of all meetings of the  Laura Wilder PTA; 

Be prepared to read the records of any previous meetings;

File all records;

Have a current copy of the bylaws;

Maintain a membership list;

Perform such other duties as may be provided for by these bylaws, prescribed by the parliamentary authority, or directed by the president, the board of directors, or the executive committee.

Section 4.  The treasurer shall

Have custody of the funds of this local PTA

Maintain a full account of the funds of this local PTA;

Make disbursements as authorized by the president, executive board, or this local PTA in accordance with the budget adopted by this local PTA;

Have checks or vouchers signed by two people:  the treasurer and the president;

Cause to be kept a full and accurate account of the receipts and disbursements in the books belonging to the    Laura Wilder                   PTA;

Provide a written financial statement at each meeting;

Present an annual report of the financial condition of the organization;

Submit the books annually for an audit by an auditing committee selected by the board of directors at least one month before the meeting at which new officers assume duties.

Report the findings of the annual audit to the board of directors;

Perform such other duties as may be provided for by these bylaws, prescribed by the parliamentary authority, or directed by the president, the board of directors, or the executive committee.

Article VIII—Board of Directors

Section 1.  The affairs of the Laura Wilder PTA shall be managed by the board of directors in the intervals between local PTA general membership meetings.

Section 2.  Each board member shall be a member of this local PTA.

Section 3. The members of the board shall be elected officers; committee chairs;            

The president may appoint a parliamentarian, subject to approval of the executive committee of this local PTA.

Section 4.  Duties of the board shall be to

Carry out such business as may be referred to it by the membership of the association;

Create special committees;

Create a report to present at the regular general membership meetings of this local PTA;

Select an auditor or an auditing committee to audit the treasurer’s accounts;

Prepare and submit an annual budget to this local PTA’s general membership for adoption;

Approve payment of routine bills within the limits of the approved budget ;

[list]

Section 5.  If any member of the board of directors shall at any time cease to meet the qualifications or fulfill the duties of the position, that person may be removed from the board by resolution adopted by the board of directors.

Section 6.  Regular meetings of the board shall be held with the date and time to be fixed by the board at its first meeting of the year. 

Section 7.  Special meetings of the board may be called by the president or when requested by   5           members upon            5       days’ written notice to each member of the board.

Section 8.  At all meetings of the board, a majority of the members of the board shall constitute a quorum for the transaction of business.

Section 9.  Upon the expiration of the term of office or when individuals cease to hold the position that entitles them to be a member of the board, they shall automatically cease to be a member of the board and shall be relieved of all duties and responsibilities incident to such membership.  All records, books, and other materials pertaining to the position shall be turned over to the president and all funds pertaining to the position shall be returned to the treasurer within 14 days.

Article IX—Executive Committee

Section 1.  There shall be an executive committee of the          Laura Wilder                                             PTA, the members of which shall be

All elected officers; and

[list] 

 Section 2.  Special meetings of the executive committee may be called by the president or upon written request of         3      members with         5      days’ notice to each member of the executive committee.

Section 3.  A majority of the executive committee shall constitute a quorum for the transaction of business. 

Section 4.  Duties of the executive committee shall be to

Transact business referred to it by the board;

Appoint standing committee chairs and members;

Approve the work of the committees;

Act in emergencies between meetings of the board;

Make a report at each board meeting;

[list]

The executive committee shall take no action in conflict with any action taken by the board of directors.

Article X—Committees

Section 1.  Only members of this local PTA shall be eligible to serve in any elective or appointive positions.

Section 2.  The standing committees of this local PTA shall be

a.  Membership

b.  Fundraising

c.  Teacher Appreciation

Section 3.  The board of directors may create such special committees, as it may deem necessary to promote the purposes of PTA and carry on the work of this local PTA.

Section 4.  The term of office of a committee chair shall be      1     year(s) or until the

selection of a successor.

Section 5.  The chair of each committee shall present a plan of work to the executive committee for approval.  No committee work shall be undertaken without the consent of the executive committee.

Article XI—General Membership Meetings 

Section 1.  Regular meetings of this local PTA shall be held on   2nd Tuesday   , unless otherwise provided by this local PTA, the board of directors, or the executive committee.         5          days notice shall be given to the membership of any change of date.

Section 2.  Special meetings of this local PTA may be called by the president or by a majority of the board of  directors,        5        days’ notice having been given.

Section 3.  The annual meeting shall be held in        May                      .

Section 4.        5              members shall constitute a quorum for the transaction of business in any meeting of this local PTA.

Article XII—Council Membership

Applicable_____X_________     Not Applicable ______________


If “applicable” is marked, the following sections must correspond to the council PTA bylaws, and are provided as a guideline to local PTAs.


Section 1.  This local PTA shall be represented in meetings of the    Sioux Falls City            PTA Council by the president, or appointed alternate, and by   1                delegate(s) or alternate(s).

All representatives to the PTA Council must be members of this local PTA.

Delegates and their alternates shall be chosen by election in     September                   .

Delegates to the  Sioux Falls City            PTA Council shall serve for a term of           1 year(s).

Section 2.  This local PTA shall pay annual dues to the         Sioux Falls City                                 Council PTA as provided in the  Sioux Falls City            PTA Council bylaws.

Article XIII—South Dakota PTA Convention

Section 1.  This local PTA shall be represented at the annual meeting of the South Dakota PTA by the president, or appointed alternate, and by delegates(s) or alternates(s), determined in accordance with Section 2b of this article.

a. All representatives to the South Dakota PTA Convention must be members of this local PTA.

b. Delegates and their alternates shall be chosen in the month of __March_______.

Section 2.  The association shall be entitled to accredit to the South Dakota PTA annual convention as its delegates the following members provided they are members in good standing.

The president of this local PTA or designated alternate.

One additional delegate for each twenty-five (25) members or major fraction thereof as shown on the books of the treasurer of the South Dakota PTA as reported to National PTA by March 31 preceding the annual convention.  The selection of the delegates shall be governed by these bylaws.

Delegates or their alternates to the South Dakota PTA Convention will be selected by the local unit executive committee or board of managers.  

Article XIV—Fiscal Year 

The fiscal year of the       Laura Wilder                PTA shall begin on July 1 and end on June 30.

Article XV—Parliamentary Authority

The rules contained in the current edition of Robert’s Rules of Order, Newly Revised shall govern ___ Laura Wilder                _ PTA in all cases in which they are applicable and in which they are not in conflict with National PTA Bylaws, the South Dakota PTA Bylaws, and special rules of order or Articles of Incorporation.

Article XVI—Amendments

Section 1.  These bylaws may be amended at any regular general membership meeting of the __ Laura Wilder                ______________ PTA  by a two-thirds vote of those present and voting, provided the amendments have been approved by the board of directors and notice of proposed amendments has been provided to the membership ___30_______ days prior to the meeting.

Section 2.  The executive committee or the board of directors by a majority vote may authorize the Committee on Bylaws to submit a revised set of bylaws as a substitute for the existing bylaws.

Section 3.  Submission of amendments or revised bylaws for approval by the South Dakota PTA shall be in accordance with the bylaws or regulations of the South Dakota PTA.






Date approved by general membership: ________4/12/10_____________________


Signature of President: _________<signed by Jayme Nelson and submitted to state on 4/17/10>____________________________________


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