I think you may be over-complicating things a bit.
Couple of random thoughts for you:
1. Don't think there are any ethical issues. The fairly loud "oh no, we can't mix with a PTO" concept that one hears from PTA authorities is not based in reality. It's perfectly OK (and certainly not ethically wrong) for one organization that exists to support kids and the school to support another organization that exists to support kids and the school.
2. It's OK to start the PTO anytime. It's a common misconception that the PTA has to be officially wound down before the PTO can start. Example: you could start a PTO today (and get insurance today). Further, you don't have to wait til the 501c3 is officially approved before you can operate as a nonprofit. You can start operating that way right away, and -- once your 501 is approved -- the status is retroactive back to your PTO start date. Going this way, instead of having that simple fundraiser as a PTA event (and worrying if OK to give those funds to PTO), you could simply have that fundraiser as a PTO event. You could also do that and then uise those funds for your insurance and 501 application.
I'm involved in a PTA that is in the planning to transition to a PTO. One of the issues that has come for discussion is the legal and ethical issues surrounding the of PTA funds and fund raising in the support of the PTO.
I am one of a number of current PTA executive board members who want to transition to a PTO, and we sit on the PTA budget committee. Tomorrow we start planning the budget, which will be presented to at the pre-school year executive board meeting.
We are adding a PTO Transition Committee. But we are stuck on the issue as whether to include in that committees funds the dollars necessary to get us started on the PTO transition. In particular we are struggling to get a handle on the legal and ethical issues that could arise by giving the committee the funds needed for the 501c3 application and insurance. Our bylaws do not prevent us from doing this, so legally we should be OK. But ethically, is it right to use PTA resources to get the PTO started?
We are also looking into using PTA fund raisers for raising dollars for PTO until the 501c3 and insurance are in place. These would be fund raisers that do not involve contracts with companies or vendors. For example we are considering using a bake sale sponsored by PTA where the funds to go the PTO transition committee.
Anything that others can add to the discussion is greatly appreciated.
