Our PTO has been the charter representative for the Boy Scouts for several years now. Recently I recieved a call from the local Boy Scout Council who wanted to confirm that it was the PTO that was the charter rep., and not the school. According to the Boy Scout Council the ACLU is threatening to sue any school supported by tax money if they choose to be the charter representative for a Boy Scout Troup. I'm the president of our PTO, and the Boy Scouts have always covered any cost that we would incurr as charter representatives. We don't own our school either, but the space the Boy Scouts use at the school for their meetings is considered a PTO sponsored event; which the ACLU would not go after.
Several years ago, when our boy scout troop needed to have their charter renewed, the PTO President said No, even though the PTO had been the chartering organization for years. It caused a huge uproar and lots of hurt feelings, but she held firm. The gist of the problem was that the charter contract requires certain things from the chartering organization that the PTO can't provide. Specifically, it required a physical space where the troop could meet (the PTO doesn't own any space nor control the school's space), and background checks on the adult volunteers (the PTO wasn't willing to take on that responsibility). Some people poo-poo'd these conditions since the PTO had never worried about the contract in the past. But the prez refused to enter into a legal agreement that she knew the PTO couldn't fulfill. It got ugly, but in the end, the school chartered the troop. I'm not so sure that being a 501c3 has too much to do with this issue, but the IRS does ask questions about your structure and mission on its annual 990 return. We made our decision to drop our charter long before we became 501c3.
