It depends on what the organization is and its structure.
IF the PTO is basically just a school committee that doesn't consider itself independent, that's likely true. They can do whatever they want structurely SUBJECT to any rules/laws the school must follow.
"Independence" usually gets tied to who controls the money. If the PTO has a separate financial presence -it's raising funds, storing that money in a bank account and has control of the funds, then they have to be something because if you are transacting financial business there are potential legal and tax obligations.
Most PTOs set themselves up as a separate non-profit organization. The well-structured ones go through the steps to become a 501(c)(3) - a credible tax exempt organization recognized by the IRS. Unfortunately, many also do "nothing". They simply operate off radar and hope for the best. Those organizations are not operating legally, but then again, it's not like police and feds are combing the suburbs to bust rogue PTOs.
I am confused. We have a PTO but they state they do not have to have bylaws, elections or evening hold meetings that parents and teachers can attend. They will however take your name and number if they come up with something you can help with..... Is this right??