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I am a homeschooling mother and Certified Public Accountant (CPA) combining my experience and knowledge to help homeschool organizations such as co-ops, support groups, music and sports programs. HomeschoolCPA answers questions from homeschool leaders on many topics such as nonprofit status, liability, paying teachers, tax exempt status and taxes.
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6:51 PM, Jun. 11, 2008
Can a non-homeschooler be on a homeschool board?
(view similar articles on Q&A from Homeschool Leaders)
Here's an interesting question from a homeschool group about a former homeschooler staying on their homeschool co-op board. (This group is a nonprofit corporation and has 501c3 tax exempt status with the IRS)
Hi Carol,
We were wondering if someone who is no longer a member of our co-op can be in a leadership position. Tina our secretary is considering sending her son to a Christian school next year but would love to remain on leadership if it is OK. Is that allowable? We love Tina and would love to have her stay but can see the other side. Could we let membership vote? Is there a definite rule that she couldn't be on leadership?
Thanks for you insight and thoughts.
Jill Y, Ohio
Jill,
Your bylaws state that qualifications for membership include "Homeschooling in accordance with State of Ohio Laws." So If Tina's not homeschooling, she wouldn't be a member of your co-op and couldn't be on the board.
Your co-op can change their bylaws and scratch the membership requirement. Your bylaws say that you need a 3/5 majority vote of the Leadership Team (not the general membership). You do not have to notify the state of Ohio when you make a bylaw change. You would have to notify the IRS on the Form 990 of a change to the bylaws, but you are not required to file a Form 990 because your annual gross income is under $25,000.
Or you could create a position of non-voting "Advisor" to the board/Leadership Team. The bylaws do allow for Support Roles/Committees to be formed by the Leadership Team. If you make Tina a non-voting "Board Advisor" she still gets to share her opinion, wisdom, and advice, but has no official vote. It might be a nice alternative. Tina should not be one of the officers (Secreatary, Treasurer, etc)
I hope that helps!
Carol
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