A VERY IMPORTANT READ  regarding the authority of a superintendent and a school connected charity comprised of parents.

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.

http://www.ptotoday.com/pto-today-articles/article/167-whose-rules-school-or-pto

Missing Detail of December 17th, 2014 Board Meeting Minutes

On Tue, Jan 13, 2015, Marcella Moran wrote:

Dear Soquel Union Board Members,

I feel like the board meetings from the 12/17 meeting are incomplete. I do not think they should be approved as is. In particular I feel like Section 6 regarding Board Policy 1230 is incomplete.  This section lacks many important details regarding the discussion between the community and the board members.  These details need to be documented in the minutes so they can be referenced in the future should any questions regarding the details and the intent of the board policy arise.  Furthermore, I feel like the minutes do not adequately describe the confusion and conflicting statements and consequent clarifications that arose between the board members, the public and the Superintendent. Again, I feel it is important that these are documented so that the community can look back upon them when needed, especially with such a contested policy.

Lastly, I find the minutes to be inadequate in regards to the details of the discussion that took place regarding the practice of having only one reading for board policies. The minutes do not reflect the discussion that took place amongst the board members regarding the need for two readings except in trivial situations.  The minutes do not note that the board has been acting against current board policy by approving policy changes that are not trivial with only one reading.

I now again feel a level of distrust with this system.  It is very important that the minutes function as an adequate reflection of the community input and conversation that takes place at the board members. I will take the time to review the audio from the December 17th and take notes on all items I feel were erroneously left out of the minutes.

Thank you for your time,
Marcella Moran

Here is a follow up letter from Marcella


Good Afternoon,

Here are the important details I feel like were omitted from the minutes. 

Board members expressed a need for clarification regarding Board Policy 1230. 

Board members stated that there was a large amount of misinformation and miscommunication about board policy 1230.

Board members apologized for the large amount of miscommunication and misinformation regarding board policy 1230. 

Board members expressed that from this point forward board policies like 1230, that affect the students and parents,  will have two readings. 

Board members clarified that under Board Policy 1230 the language regarding board authorization was in regards to the legality of the organization of the home and school club itself.

The board members clarified that the  board is not involved in the approval of the specific fundraisers and does not need a fundraiser list.  

The Board members clarified that it is the principal and the home and school clubs that will work together on the fundraiser specifics. 

The board members clarified that the AR once written can be reviewed if it is not consistent with the intent of the board policy

Thank you,

Soquel school district feels heat from parents, teachers

By Kara Guzman, Santa Cruz Sentinel

POSTED: 01/14/15, 9:49 PM PST |

0 COMMENTS

CAPITOLA >> An angry family at risk of losing its spot at Santa Cruz Gardens Elementary School is the latest in a series of parents, teachers and community members demanding better communication from Soquel Union Elementary School District.

More than 60 people filled Wednesday’s board meeting, several to support Marilu Radilla, who was notified Monday by voicemail from the Santa Cruz Gardens principal that her son must find a new school in five days.

Radilla, a longtime parent at the school, moved out of district boundaries in December, but failed to notify administration. When the principal, Kerry LeRoux, heard of the new address from Radilla on Monday, she left two messages, first saying that the family must submit transfer paperwork, then saying that the school no longer had room for her son, Radilla said.

Radilla said her son has special needs and would have a difficult time at a new school. Further, according to policy, the district is required to give written notice, 10 days plus a chance at appeal, before a family loses its spot, she said.

“The way that they have been interacting with me, it’s unprofessional,” she said. “It’s unacceptable.”

The family has since submitted paperwork, met with LeRoux, talked with Superintendent Henry Castaniada and scheduled a meeting, but has received mixed messages, Radilla said. She was originally told by district staff via voicemail that her transfer paperwork would be denied, she said.

Castaniada told the Sentinel that the family would be allowed to stay, as long as Radilla submits paperwork and Radilla’s home district, Santa Cruz City Schools, agrees.

“The message has changed every couple of minutes. Every new voicemail, it’s something different. It’s never consistent, never correct policy and procedures, so you really don’t know,” Radilla said.

Others expressed discontent at Wednesday’s meeting.

Supervisor John Leopold, who reported on county plans, said his office tried to collaborate with the district on improving a Main Street Elementary pick-up area, about which neighbors have expressed concerns. The district has been unresponsive, Leopold said.

Several residents have complained to him about the district, he said.

“I’ve encouraged them to reach out to you but they continue to come, which to me is a sign that they’re not being heard in some way,” Leopold said.

Michelle Bell, New Brighton Middle School teacher and co-president of the teacher’s union, said she has asked Castaniada for months to address teacher healthcare, but has not received a satisfactory response.

Poor communication is a common theme, she said.

“I think it’s important that for you, the board, to keep a pulse of the parents, the students, the teachers, your community and not just step out of the way of the person you are employing,” Bell said.

ABOUT THE AUTHOR

Reach the author at kguzman@santacruzsentinel.com or follow Kara on Twitter: @karambutan.

http://www.santacruzsentinel.com/social-affairs/20150114/soquel-school-district-feels-heat-from-parents-teachers

Please see an email string between the Superintendent and I from back in September. I tried to work toward a solution and the Superintendent flat out refused to even take the time to listen.

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Date: Mon, 22 Sep 2014 

Subject: Request for Meeting

Hello Chris,

Janet, my executive assistant, informed me that you would like to schedule a meeting for Monday to discuss "closing the divide between Main Street and the District".  Since I do not believe that there is a divide between Main Street and the District, I called Annette and she had no idea why you would want to schedule a meeting with me regarding the subject of your request.  Chris, my common message for the past three years is to have the parent talk with the principal first regarding their perception about their school and the District.  If after meeting with Annette you would still like to have a meeting with me, I am more than willing to sit down with you.

Have a pleasant day,

Henry J.Castaniada

Superintendent

Soquel Union Elementary School District

620 Monterey Ave.

Capitola, CA  95010

(831) 464-5639

Hjcastaniada@suesd.org 

**************************************************************************************************************

Date: Tuesday, September 23, 2014 9:4AM

Subject: RE: Request for Meeting

Mr. Castaniada--

Thank you for the reply, but the concerns I raise are not an issue between the school and the district as you mention in your response. The issues are real or perceived acts of injustice and discrimination between the District Office and Main Street parents, and some of these issues go back to before Annette was the principal and before I was an active parent at Main Street. There is an ever growing number of parents that feel that you push political agendas that are not in the best interest of the community at Main Street. I intend to try to bring healing to the rift. I could easily jump on the band wagon, but I desire to take a higher road and resolve the conflict. Since you don't acknowledge the divide, it's really hard to move forward in solving the problem.

I talk to Annette all the time and her door is always open. She is aware of some of the disharmony, but it is not in her best interest to divert her attention onto issues that do not involve her. Annette has been a wonderful administrator and she has been more than competent at handling issues at the school. Where I welcome her input into the dialogue, this isn't about the school or the principle. This is about parents and the District Office.

As before, you deflect my attempt to find common ground over issues. When I asked for help concerning the traffic issues in front of Main Street, I got no response from you for months and until pressed, and even then it was menial. Supervisor John Leopold on the other hand immediately responded and a working dialogue followed in addressing the traffic issue in front of Main Street Elementary. The District really should be the one championing the safe passage of children, especially when it's based in California law. An issue like providing a safe way for children to get to or from school should have had the support of the District. I might mention that the Safe Routes to School survey that costs taxpayers a lot of money, has resulted in zero progress so far.

I have asked for a meeting with you, on behalf of concerned parents. If you desire to continue to be indifferent to the parents concerns, than so be it.

With respect,

-- Chris Hadland

**************************************************************************************************************

9/23/14

Hello Chris,

After reading your e-mail I think that it is important that I provide you with a brief background of my leadership style.  As Superintendent I involve various staff members to participate, especially our school principals, when addressing various challenges.  Your comment regarding "a divide between Main Street and the District" is very odd to me.  I do not see and I will not support that our District is divided and each school is a separate entity.  During the past three years the leadership team is united as a team of one and our goal is to improve the educational level for all students at each of our schools. The District consists of five schools and the District Office.  There is no separation under my charge.  If you wish to meet with me to discuss your point of view Annette will be invited.  I do not accept your interest to separate my leadership team regarding your point of view.  

In addition, since you refer to a letter in 2013 regarding  a traffic concern, as I explained last year, I worked with Annette and Harley regarding your request.  I personally met with John Leopold and had a number of conversations regarding the meeting that occurred at Main Street.  As John stated at this meeting, we have a long history of working together and finding win-win solutions.  Chris, every Superintendent has their own leadership style and mine will continue to be a style that will utilize staff as various levels when needed.  In addition, I have been consistent for the past three years to have parent concerns addressed first at the immediate administrative level.  

If you wish to meet with me please contact Janet,my executive assistant, and she will arrange at meeting late next week.  She can be reached at (831) 464-5639.

Have a pleasant day 

Henry J.Castaniada

Superintendent

Soquel Union Elementary School District

620 Monterey Ave.

Capitola, CA  95010

(831) 464-5639

Hjcastaniada@suesd.org

**************************************************************************************************************

9/23/14

Hello Henry,

It is very clear that you have no intention of hearing what I am saying. You repeatedly state that you have no idea of what I'm talking about and have made it clear you have no intention of even listening. Agreeing to a meeting is not listening.

I have offered an olive branch of trying to find common ground, but you refuse to even acknowledge that the parents of Main Street have a valid concern. Your emails consistently deflect the issue to appear that I have a concern about division between the school and the District. This is not the case. There is no division between the school and the District. The division is between parents and the District. The school is not the issue. 

I am truly trying to find common ground, but I see that you have no interest in working together.

Sincerely,

Chris Hadland

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And so it stands... Look where we are today.