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Is this legal?

22 years 7 months ago #56412 by KC Swan
Replied by KC Swan on topic RE: Is this legal?
In our district, there are few exceptions to the rule that if it is on school property, then it belongs to the school. Their reasoning primarily relates to liability issues. If the janitor threw out his back pushing a rack of chairs, who would be responsible for the workman's comp claim -- the school or your PTO? If a chair collapses under somebody at a meeting, who do they sue -- the school or your PTO?

We recently held a "write your legislator" event. While we were planning to use patron computers instead of the school computers, we were going to use a printer the PTA had bought for the school. It was pointed out that the printer now belonged to the school, and we rented a printer instead.
22 years 7 months ago #56411 by <NAMASTE>
Replied by <NAMASTE> on topic RE: Is this legal?
The easiest way to find out to whom the chairs belong is to check and see if they are listed as a district asset. Anything "owned" (whether it was bought by or donated to the district) must be listed as an asset of the district, somtimes they even put little stickers on everthing that say ASSET #0000. If they are on the asset list, then they were more than likely donated to the school. If they are not on the asset list, they technically do not belong to the district and the PTO should have complete control over the way they are disposed of. That being said, i agree with chrystal, if its going to become a bone of contention between your group and the district, i would let it go.
22 years 7 months ago #56410 by TheMetzyMom
Replied by TheMetzyMom on topic RE: Is this legal?
The chairs were probably donated to the school. It just seems logical. The group that purchased them are probably long gone but there is probably a Thank You note somewhere from the school in your files. If you still have some question about whether or not the PTO donated them, figure it this way: How many chairs were purchased? If it was only enough to seat the parents at your meetings, then the chairs are probably yours. If there are enough chairs to seat all the parents at an awards assembly, then you can bet they were donated and do indeed belong to the school. I agree with JHB in her last paragraph and I know that we use a Permanent Marker on the stuff that is strictly PTVO's stuff. Try talking to your Principal. I know if this arose at our school, the Principal would work with us, probably letting us sell the chairs as long as the money went to purchase new ones. Here is the last ditch shot: Tell the school that they will need to meet you half way on the cost of the new chairs if you can't sell the old ones. I'm pretty sure you will be looking for a buyer soon!
:D ;) [img]tongue.gif[/img] :D [img]tongue.gif[/img] ;) :D
22 years 8 months ago #56409 by JHB
Replied by JHB on topic RE: Is this legal?
There's a difference in what's "legal" and what's a "policy". But both tend to boil down to rules you need to follow one way or another.

Legally, I would think any assets the PTO buys would be its own UNLESS it donates them. However,if the district policy (or your own by-laws) require that, for a PTO to be sanctioned to operate, all assets automatically transfer to the school - you need to know that.

On this issue, I think Crystal's idea is the right approach. But at a policy level, I would want this spelled out - in writing - as to what the district expects. If it's a blanket "transfer everything to the school", I'd probably try to negotiate that. If it's a "anything you buy primarily for the school's use, becomes school property", I could live with that. But at least you deserve to know what the rules ARE so you can work within them.

Keep in mind - in long term - the school is dealing with a transitory group of volunteer who change yearly, or at least through time. I can see where it would get very confusing if some things routinely used by the school were "PTO property". Who keeps track, who stores it, who maintains it if breaks?

In our case, our ideas are very compatible with the school's. It's the exception if we buy something and want to maintain ownership - so we just make it very clear at the time of purchase. Things we want to "own" are our concession machines, cash boxes, Bingo equipment. (The few things we don't want loaned out or have track down.) We mark them very clearly and take responsibility for them.

Good luck with this.
22 years 8 months ago #56408 by Chrystal70
Replied by Chrystal70 on topic RE: Is this legal?
I have been told by our superintendant that all PTO property is school property...which of course is untrue. However, if the chairs you are speaking of were donated to the school, they would be school property ie: Were the chairs used and purchased for the sole use of the PTO? If they have been used as school property or purchased for the school on behalf of the PTO, it would be considered a gift and they can do with it as they wish. I personally wouldn't want to cause a ruckus between the PTO and the school over 10 year old folding chairs...they really are not very expensive. If you have someone that is willing to purchase them I'd let them know you'd use the money towards the purchase of your new ones...otherwise I'd let it go...just my opinion [img]tongue.gif[/img]
22 years 8 months ago #56407 by tamo
Is this legal? was created by tamo
If the PTO purchased folding chairs in the past are they PTO property or the school's does it differ from state to state? I need help on this one if anyone can be of assistence. We purchased chairs about 10 years ago and now they want new folding chairs can we sell the old ones to help pay for the new ones or is this now school board property to auction off and distribuate through the school system? :eek:
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