KENTUCKY
CONGRESS OF PARENTS AND TEACHERS, INC.
UNIT BYLAWS
STONEWALL ELEMENTARY PTA
Click on the Article number in which you are interested.
The name of this association is the Stonewall Elementary
Parent-Teacher Association (PTA) of Lexington, Kentucky in Fayette County and
the Sixteenth (16) District. It is
a local PTA unit organized under the authority of the Kentucky Congress of
Parents and Teachers (the National PTA), a branch of the National Congress of
Parents and Teachers (the National PTA).
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**ARTICLE
II: ARTICLES OF ORGANIZATION
The Articles of Organization of this Association include (a) the bylaws
of such organization and (b) the certificate of incorporation or articles of
incorporation of such organization (in cases in which the organization is a
corporation) or the articles of association by whatever name (in cases which the
organization exists as an unincorporated association).
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Section 1.
The objects of this association, in common with those of the National PTA
and the Kentucky PTA are:
a.
To promote the welfare of children and youth in the home, school,
community and place of worship.
b.
To raise the standards of home life.
c.
To secure adequate laws for the care and protection of children and
youth.
d.
To bring into closer relation the home and the school, that parents and
teachers may cooperate intelligently in the education of children and youth.
e.
To develop between educators and the general public such united efforts
as will secure for all children and youth the highest advantages in physical,
mental, social, and spiritual education.
Section 2.
The objects of the National PTA, the Kentucky PTA and of this association
are promoted through an educational program directed toward parents, teachers,
and the general public; are developed through conferences, committees, projects
and programs; and are governed and qualified by the Basic Policies set forth in
Article IV.
Section 3.
The organization is organized exclusively for charitable, scientific,
literary or educational purposes within the meaning of section 501(c)(3) of the
Internal Revenue Code, or corresponding section of any future federal tax code
(hereinafter “Internal Revenue Code”).
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The following are basic policies of this association in common with those
of the National PTA and the Kentucky PTA:
a.
The association shall be noncommercial, nonsectarian, and nonpartisan.
b.
The name of the organization or the names of any members in their
official capacities shall not be used to endorse or promote a commercial concern
or in connection with any partisan interest or for any purpose not appropriately
related to promotion of the Objects of the association.
c.
The association shall not -- directly or indirectly -- participate or
intervene (in any way, including the publishing or distributing of statements)
in any political campaign on behalf of, or in opposition to, any candidate for
public office; or devote more than an insubstantial part of its activities to
attempting to influence legislation by propaganda or otherwise.
d.
The association shall work with schools to provide quality education for
all children and youth, and shall seek to participate in the decision-making
process establishing school policy, recognizing that the legal responsibility to
make decisions has been delegated by the people to boards of education,
state education authorities, and local education authorities.
e.
The association shall not enter into membership with other organizations
except such international or national organizations as may be approved by the
National PTA Board of Directors. The
Kentucky PTA or any of its divisions may cooperate with other organizations and
agencies concerned with child welfare, but a PTA/PTSA representative shall make
no commitments that bind the group he represents.
f.
No part of the net earnings of the association shall inure to the benefit
of, or be distributable to, its members, directors, trustees, officers or other
private persons except that the association shall be authorized and empowered to
pay reasonable compensation for services rendered and to make payments and
distributions in furtherance of the purposes set forth in Article III hereof.
g.
Notwithstanding any other provisions of these articles, the association
shall not carry on any other activities not permitted to be carried on (i) by an
association exempt from Federal income tax under Section 501(c)(3) of the
Internal Revenue Code, or (ii) by an association, contributions to which are
deductible under Section 170(c)(2) of the Internal Revenue Code.
h.
Upon the dissolution of this association, after paying or adequately
providing for the debts and obligations of the association, the remaining assets
shall be distributed to one (1) or more nonprofit funds, foundations, or
organizations which have established their tax exempt status under Section
501(c)(3) of the Internal Revenue Code.
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ARTICLE
V: RELATIONSHIP WITH NATIONAL PTA
AND KENTUCKY PTA
**Section 1.
This association shall be organized and chartered under the authority of
the Kentucky PTA in the area in which this association functions, in conformity
with such rules and regulations, not in conflict with the National PTA Bylaws,
as the Kentucky PTA may, in its Bylaws, prescribe. The National PTA shall issue to this association an
appropriate charter evidencing the due organization and good standing of the
association.
A
local PTA in good standing is one which:
a.
adheres to the Objects and Basics Policies of the PTA;
b.
remits the National portion of the dues through the Kentucky PTA to reach
the National office by the dates designated by the National PTA;
c.
has Bylaws approved according to the procedures of each state; and
d.
meets other criteria as prescribed by the individual state PTA.
#Section
2.
A local unit in good standing is one which:
a.
adheres to the Objects and Basic Policies of the PTA;
b.
remits the National and State portion of dues to the State Office as
required;
c.
remits district dues in accordance with the district’s bylaws;
d.
remits council dues in accordance with the council’s bylaws if they are
a member of a council;
e.
have had bylaws approved by the Kentucky PTA within the past five (5)
years;
f.
have IRS Employer Identification Number (EIN) on file in the State
Office.
g.
maintains a minimum of ten (10) members to remain a PTA in good standing.
#Section 3.
Each association in good standing as shown on the records in the state
PTA office as of March 15th shall be entitled to be represented at
the annual convention of the Kentucky PTA by its president, or alternate; and
one (1) accredited delegate; plus one (1) additional accredited delegate; plus
one (1) additional accredited delegate for every twenty-five (25) members, or a
major fraction thereof.
**Section 4.
This PTA/PTSA shall adopt such bylaws for the government of the PTA/PTSA
as may be approved by the Kentucky PTA. Such
bylaws shall not be in conflict with the bylaws of the National PTA or the
bylaws of the Kentucky PTA.
**Section 5.
Bylaws of each local PTA/PTSA shall include an article on amendments.
#Section 6a.
Local PTA/PTSAs’ bylaws shall be reviewed and approved by the Kentucky
PTA Procedure and Bylaws Chairman every five (5) years.
Bylaws shall be submitted with a copy of the minutes reflecting the
approval of the bylaws by the delegate body.
#Section
6b. Local PTA/PTSAs’bylaws
amendments become effective when reviewed and approved by the Kentucky PTA
Procedure and Bylaws Chairman. Amendments
shall be submitted with a copy of the minutes reflecting the approval of the
bylaws by the delegate body.
**Section 7.
The PTA/PTSA shall keep permanent books and records as shall be
sufficient to establish the items of gross income, receipts and disbursements of
the association, including, specifically, the number of its members, the dues
collected from its members and the amount remitted to the Kentucky PTA.
Such books of account and records shall at all reasonable times be open
to inspection by an authorized representative of the Kentucky PTA or, where
directed by the committee on State and national relationships, by a duly
authorized representative of the National PTA.
**Section 8.
The charter of this PTA/PTSA shall be subject to withdrawal and the
status of such organization as a PTA unit shall be subject to termination, in
the manner and under the circumstances provided in the bylaws of the Kentucky
PTA.
**Section
9.
This local PTA is obligated, upon withdrawal of its charter by the
Kentucky PTA:
a.
to yield up and surrender all its books and records and all of its assets
and property to the Kentucky PTA or to such agency as may be designated by the
Kentucky PTA, or to another local PTA organized under the authority of the
Kentucky PTA.
b.
to cease and desist from the further use of any name that implies or
connotes association with the National PTA or the Kentucky PTA or status as a
constituent organization of the National PTA; and
c.
to carry out promptly, under the supervision and direction of the
Kentucky PTA, all proceedings necessary or desirable for the purpose of
dissolving this association; and
d.
to file with the IRS a Federal 990 Form.
#Section 10.
In order for this association to dissolve, the unit shall complete the
following procedures:
a.
The Executive Committee (or other body that under its bylaws manages the
affairs of the association) shall adopt by a two-thirds (2/3) vote, a resolution
recommending that the association be dissolved and directing that the question
of such dissolution be submitted to a vote at a special meeting of members
having voting rights. Written or
printed notice stating that the purpose of such meeting is to consider the
advisability of dissolving the association shall be given to each member
entitled to vote at such meeting at least forty-five (45) days prior to the date
of such meeting.
b.
Written notice of the adoption of such resolution, accompanied by a copy
of the notice of the special meeting of members shall be given to the President
of the Kentucky PTA at least thirty (30) days before the date fixed for such
special meeting of the members.
c.
Only those persons who were members in good standing on the date of the
special meeting shall be entitled to vote on the question of dissolution.
d.
Approval of dissolution of the association shall require the affirmative
vote of two-thirds (2/3) of the members.
#Section 11.
In the event of dissolution or withdrawal of the charter of this PTA/PTSA
for any reason, its assets shall be distributed for one (1) or more of the
exempt purposes specified in Section 501(c)(3) of the Internal Revenue Code of
1954 as from time to time amended. Upon
request of notice of dissolution or withdrawal of charter, notice by certified
or registered mail shall be sent by the State Office to the association that the
Internal Revenue has been notified that the association is no longer a
tax-exempt organization of the Kentucky PTA.
**Section 12.
Each officer or board member of a constituent organization shall be a
member of a local PTA within its area.
**Section 13.
Each
officer or board member of a local PTA shall be a member of such PTA.
**Section 14.
Bylaws of
each constituent organization shall include a provision establishing a quorum.
**Section 15.
The members
of the nominating committee for officers of a constituent organization shall be ELECTED
by membership, board of directors/managers, executive board, or executive
committee.
**Section 16.
This PTA shall collect dues from its members and shall remit a portion of
such dues to the Kentucky PTA as provided in Article VI hereof.
**Section 17.
Only
members of a local PTA who have paid dues for the current membership year may
participate in the business of that association.
**Section 18.
Each local PTA shall include in its bylaws provisions corresponding to
the provisions of such of the Bylaws of the National PTA as are identified
herein by a double star (**).
**Section 19.
The adoption of an amendment to any provision of the Bylaws of the
National PTA identified by a double star (**) shall serve automatically and
without the requirement of further action by the local PTA to amend
correspondingly the bylaws of each local PTA.
Notwithstanding the automatic character of the amending process, the
local PTAs shall promptly incorporate such amendments in their respective
bylaws.
#Section 20.
Each local PTA shall include in its bylaws provisions corresponding to
the provisions of such of these bylaws as are identified by the state symbol
(#).
#Section 21.
The adoption of an amendment to the Bylaws of the Kentucky PTA,
pertaining to its associations shall automatically amend their bylaws to conform
to action taken by the Kentucky PTA convention.
**Section 22.
The bylaws of all constituent organizations shall
prohibit voting by proxy, (unless proxy voting is specified by applicable state
law).
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ARTICLE
VI: MEMBERSHIP AND DUES
**Section 1.
Every individual who is a member of this PTA is, by virtue of that fact,
is a member of the National PTA and of the Kentucky PTA by which this local PTA
is chartered, and is entitled to all benefits of such membership.
**Section 2.
Membership in the PTA/PTSA shall be made available without regard to
race, color, creed or national origin, under such rules and regulations, not in
conflict with the provisions of the National PTA Bylaws, as may be prescribed in
the bylaws of this PTA, to any individual who subscribes to the Objects and
Basic Policies of the National PTA.
**Section 3.
This PTA shall conduct an annual enrollment of members, but may admit
persons to membership at any time.
**Section 4.
Each member of this PTA shall pay annual dues to said organization as may
be prescribed by the organization. The
amount of such dues shall include the portion payable to the Kentucky PTA (the
“state portion”) and the portion payable to the National PTA (the
“national portion”).
**Section 5.
The amount of the state portion of each member’s dues shall be determined by
the Kentucky PTA. The national
portion of each member’s dues shall be one dollar ($1.00) per annum.
#Section 6.
The Kentucky PTA portion of each member’s dues shall be one dollar
($1.00). The local unit portion
shall be determined by the local unit.
Section 7.
Each member of the association shall pay annual dues of $3.00 to the
association. See Sections 5 & 6 above
Section 8.
The Kentucky and National portions of the dues paid by each member of
this PTA shall be set aside by this PTA and remitted to the Kentucky PTA through
such channels and at such times as the Kentucky Bylaws may provide.
The Kentucky PTA shall pay to the National PTA the amount of the national
portion of dues paid by all members of local PTAs in its area.
State PTA shall be accompanied by a report showing the name and address
of the president of the association, the amount of the dues collected during the
period covered by the report, the total number of members of the association, as
well as a list of names of each individual member of the association from whom
dues were received.
**Section 9.
Only
members of a local PTA who have paid dues for the current membership year may
participate in the business of that association.
#Section 10.
Only a member of a local PTA/PTSA of the Kentucky PTA shall be eligible
to hold office in the Kentucky PTA of any of its divisions.
#Section 11.
Each association shall conduct an annual enrollment of members, September
1 through October 31, but may admit persons to membership at any time.
A membership card shall be valid from October 1 through September 30.
#Section 12.
Payment of dues:
a.
The treasurer of this association shall forward the National and Kentucky
portions of membership dues to the Kentucky PTA Office by November 15.
Additional dues collected after November 15 should be forwarded to the
state PTA office every 30days.
b.
The treasurer of this association shall keep the record of the National
PTA and the Kentucky PTA portions of membership dues separate from the record of
the general funds of the association.
c.
All dues shall be accompanied by a list of the members showing the names
of each individual member of this association from which dues were received.
d.
An association whose dues have not be received by February 15 shall be
notified by the State Office of the Kentucky PTA.
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ARTICLE
VII: OFFICERS AND THEIR ELECTION
**Section
1.
Each officer shall be a member of this PTA.
Section
2.
Officers and their election.
a.
The officers of this PTA/PTSA shall consist of a President, two
Vice-Presidents, a Recording Secretary and a Treasurer.
b.
The Executive Board of this PTA/PTSA shall consist of a President,
Vice-Presidents, a Recording Secretary, a Corresponding Secretary, a Treasurer,
past President, Parliamentarian and Principal.
c.
Officers shall be elected by ballot between April 1 and May 31.
However, if there is but one (1) nominee for any office, election for
that office may be by voice vote.
d.
Committee Chairpersons, the Corresponding Secretary, the Parliamentarian
and delegates to the District PTA shall be appointed by the President or
nominating committee, subject to the approval of the officers of the PTA/PTSA.
e.
Officers shall assume their official duties at the beginning of the
fiscal year and shall serve for a term of one year or until their successors are
elected. The Treasurer shall close
out the books at the end of each fiscal year.
f.
An elected officer shall not be eligible to serve more than two
consecutive terms in the same office.
g.
The General Board shall consist of the Executive Board, committee
Chairpersons, Principal, and teacher representative, and delegate to the
District PTA.
**Section
3.
The members of the
nominating committee for officers of a constituent organization shall be elected
by membership, board of directors/managers, Executive Board, or executive
committee.
Section
4. Nominating Committee
a.
There shall be a nominating committee of five, each of whom shall be a
member of the local PTA. The
members of this committee shall be elected by majority vote of the General
Board. The nominating committee
members shall select their own chairperson.
b.
The nominating committee shall nominate an eligible person for each
office to be filled and report its nominees at the regular General Board meeting
in March or April, at which time additional nominations may be made from the
floor.
c.
Only those persons who have signified their consent to serve, if elected,
shall be nominated for or elected to such office.
Section
5. Vacancies.
A
vacancy occurring in any office shall be filled for the unexpired term of a
person elected by a majority vote of the General Board, notice of such election
shall be given. In case a vacancy
occurs in the office of President, the first Vice-President shall serve notice
of the election.
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ARTICLE
VIII: DUTIES OF OFFICERS
Section
1.
The President shall preside at all meetings of the association, of the
Executive Board, and General Board; shall perform such other duties as may be
prescribed in these bylaws or assigned to the President by the association or by
the Executive Board; and shall coordinate the work of the officers and
committees of the association in order that the objects may be promoted.
Section
2.
The Vice-Presidents shall act as aides to the President and shall (in
their designated order) perform the duties of the President in the absence or
disability of that officer to act.
a.
The first Vice-President shall plan, organize and carry out fund raising
projects approved by the Executive Board.
b.
The second Vice-President shall aid the President in preparing a program
schedule of activities of the association to be presented at the regularly
scheduled PTA program. Each program
should be designed to serve the needs of the children and membership of the
association. The program schedule
shall be presented by the second-vice-president to the Executive Board for
approval.
Section
3.
The Recording Secretary shall record the minutes of all meetings of the
association and the executive committee, act as an aide to the Corresponding
Secretary, and perform such other duties as may be delegated to the Recording
Secretary.
Section
4.
The Treasurer shall have custody of all of the funds of the association;
shall keep a full and accurate account of receipts and expenditures; and, in
accordance with the budget adopted by the association, shall make disbursements
as authorized by the President, executive committee/board or association.
The Treasurer shall present a financial statement at every meeting of the
association and at other times when requested by the executive committee/board
and shall make a full report at the meeting at which new officers officially
assume their duties. The Treasurer
shall be responsible for the maintenance of such books of account and records as
conform to the requirements of Article V, Section 7, of these Bylaws.
The Treasurer’s accounts shall be examined annually by an auditor or
auditing committee of not less than three (3) members, who, satisfied that the
Treasurer’s annual report is correct, shall sign a statement of that fact at
the end of the report. The auditing
committee shall be selected by the executive committee/board at least two (2)
weeks before the meeting at which new officers assume duties.
Section
5.
The Parliamentarian shall act as an aide to the presiding officer on
questions of parliamentary law, matters of procedure and to insure that the
local unit bylaws are maintained and up to date.
Section
6.
All officers shall:
a.
Perform the duties outlined in these Bylaws and those assigned from time
to time.
b.
Upon the expiration of the terms of office or in case of resignation,
each officer shall turn over to the President, without delay, all records, books
and other materials pertaining to the office, and shall return to the treasurer,
without delay, all funds pertaining to the office.
c.
The President, Vice-Presidents, and Treasurer shall be bonded.
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Section
1.
The General Board shall consist of the Executive Board, committee
Chairpersons, Principal, and teacher representative, and delegate to the
District PTA. The Chairpersons of the standing committees shall be selected by
the officers of the association.
Section
2.
The duties of the General Board shall be (a) to transact necessary
business in the intervals between association meetings and such other business
as may be referred to it by the association; (b) to create standing and special
committees; (c) to present a report at the regular meetings of the association;
(d) to select an auditor or an auditing committee to audit the treasurer’s
accounts; (e) to prepare and submit to the association for adopting a budget for
the year; and (f) to approve routine bills within the limits of the budget.
Section
3.
The General Board shall meet monthly during the school year.
**Section
4.
A PTA member shall not serve as a voting member of a constituent
organization’s board at the local, Council, State or National level while
serving as a paid employee of, or under contract to, that constituent
organization.
Section
5.
The Corresponding Secretary shall conduct the correspondence of the
association, give notice of all meetings of the association and the Executive
Board and shall perform such other duties as may be delegated to the
Corresponding Secretary.
Section
6.
The Parliamentarian shall act as an aide to the presiding officer on
questions of parliamentary law, matters of procedure and to insure that the
local unit bylaws are maintained and up to date.
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Section
1.
A minimum of five regular meetings of the association shall be held
annually. Dates of meetings shall
be determined by the executive committee and made public no later than the first
regular association meeting of the year. Seven
(7) days notice shall be given of a change of date.
Section
2.
Special meetings of the association may be called by the President or by
a majority of the Executive Board, seven days notice having been given.
Section
3.
The April or May general meeting shall include election of officers and
the transition of committee Chairpersons and a summation of financial
transactions to date.
**Section
4.
The bylaws
of this PTA/PTSA shall include a provision establishing a quorum.
#Section
5.
Each local PTA/PTSA must maintain a minimum of ten (10) members to remain
a PTA in good standing.
Section
6. The
majority of those present and voting, but not less than ten (10), shall
constitute a quorum.
Section
7. The
Executive Board shall meet at such times as may, from time to time, be called by
the President with seven days advance notice.
Additionally, any two (2) other officers or the President may call a
special meeting of the Executive Board upon three (3) days advance notice.
A majority of the members of the Executive Board shall constitute a
quorum at any meeting.
Section
8.
The dates and times of the regular monthly meetings of the General Board
shall be shall be determined by the Executive Board or by a special meeting of
the General Board and made public no later than seven (7) days before the first
regular General Board meeting of the year.
Seven (7) days notice shall be given of a change of date of a regular
General Board Meeting. Special
meetings may be called by the President or by a majority of the members of the
General Board upon three (3) days advance notice.
A majority of the members of the General Board shall constitute a quorum
at any meeting.
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ARTICLE
XI: STANDING AND SPECIAL COMMITTEES
Section
1.
Only members of the association shall be eligible to serve in any
elective or appointive positions.
Section
2.
The Executive Board or the General Board may create such standing
committees and special committees as such board may deem necessary to promote
the objects and carry on the work of the PTA/PTSA.
The term of each chairperson of each such committee shall be for one (1)
year or for such other period as determined by the board that formed such
committee.
Section
3.
The Chairperson of each standing committee shall present a plan of work
to the Executive Board for approval. No
committee work shall be undertaken without the consent of the Executive Board.
Section
4.
The President shall be a member ex-officio of all committees except the
nominating committee.
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ARTICLE
XII: DISTRICT MEMBERSHIP
Section
1.
This association shall be represented in meetings of the 16th District,
Kentucky Congress of Parents and Teachers, by the President or President’s
alternate, the Principal or the Principal’s alternate, and by the number of
delegates or their alternates, as provided in the district bylaws.
Section
2.
Delegates and their alternates shall be chosen by election to attend 16th
District PTA Conferences.
Section
3.
Delegates shall
serve a term of one year.
Section
4.
This association shall pay annual dues of ten (10) cents per member to
the 16th District PTA Treasurer, as provided in the 16th District PTA Bylaws.
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ARTICLE XIII:
COUNCIL MEMBERSHIP
N/A
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The
fiscal year of this association shall begin on July 1 and end on the following
June 30.
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**ARTICLE
XV: PARLIAMENTARY AUTHORITY
The
rules contained in the current edition of Robert’s Rules of Order Newly
Revised shall govern the association in all cases in which they are
applicable and in which they are not in conflict with these bylaws and those of
the state PTA and the National PTA.
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#ARTICLE
XVI: KENTUCKY PTA POSITIONS
Section
1.
The Kentucky PTA opposes involvement of children in door-to-door sales or
solicitations.
Section
2.
Elementary students are not eligible for membership.
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Section
1.
a.
These bylaws may be amended at any regular meeting of the association
provided that notice of the proposed amendment shall have been given at least
thirty (30) days prior to the meeting at which the amendment is voted upon; that
a quorum has been established; and that the amendment shall be subject to
approval of the Kentucky PTA. Bylaws
amendments require a two-thirds (2/3) vote of the members present and voting.
b.
A committee may be appointed to submit a revised set of bylaws as a
substitute for the existing bylaws only by a majority vote at a meeting of the
association, or by a two-thirds (2/3) vote of the Executive Board.
The requirements for the adoption of a revised set of bylaws shall be the
same as in the case of an amendment.
c.
Submission of amendments or revised bylaws for approval by the Kentucky
PTA shall be in accordance with the bylaws or regulations of the Kentucky PTA.
**Section
2.
The adoption of an amendment to any provision of the Bylaws of the
National PTA identified by a double star (**) shall serve automatically and
without the requirement of further action by the local PTA to amend
correspondingly the bylaws of each local PTA.
Notwithstanding the automatic character of the amending process, the
association shall take action promptly to incorporate such amendments in its
bylaws.
#Section
3.
The adoption of an amendment to any provision of the bylaws of the
Kentucky PTA identified by a number (#) symbol shall serve automatically and
without the requirement of further action by the local PTA to amend
correspondingly the bylaws of each local PTA.
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Section
1.
A committee shall be formed to oversee and collect suggestions for
disbursements of un-budgeted funds for the general benefit of the school.
Before any suggestions may be acted upon and funds disbursed, the budget
must first be amended in accordance with these bylaws.
Section
2.
Liability insurance shall be purchased to cover all PTA activities.
Section
3.
A balance as determined by the Executive Board will be held over as
working capital for the following school year.
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ARTICLE
XIX: SBDM COUNCIL PARENT
REPRESENTATIVE ELECTIONS
Election
of Parent Representatives to the School Based Decision Making (SBDM) Council
shall be conducted by this PTA/PTSA as authorized under the Kentucky Education
Reform Act (KERA) of 1990, as specified in KRS 160.345.
SIGNATURES:
_________________________________, President
_________________________________, Recording Secretary
_________________________________, Date