Frequently Asked Questions about Programs, Events and other PTA Activities

When considering and carrying out large fundraisers in which alcohol may be served, sold, donated and/or bid upon, keep the following concerns in mind:

• Is the fund-raising project related to PTAs educational, charitable and philanthropic purposes as a tax-exempt organization?
• Does the project violate PTAs noncommercial policy?

As outlined in the Virginia Code (see below), it is unlawful to serve alcohol on school property.  However, you can hold events off-site at which you can serve alcohol as long as you obtain a permit to do so.  You can also hold silent auctions at which you can offer wine (or other alcoholic beverages) for bid.

When making decisions to serve, donate and/or sell alcohol at PTA-related events, it is important for your board to take the issue before your general membership for a vote.  It is also important to consider the perspectives of your students as well.

Virginia Code § 4.1-309 - Drinking or possessing alcoholic beverages in or on public school grounds; penalty:

§ 4.1-309. Drinking or possessing alcoholic beverages in or on public school grounds; penalty.  

A. No person shall possess or drink any alcoholic beverage in or upon the grounds of any public elementary or secondary school during school hours or school or student activities.  

B. In addition, no person shall drink and no organization shall serve any alcoholic beverage in or upon the grounds of any public elementary or secondary school after school hours or school or student activities, except for religious congregations using wine for sacramental purposes only.  

C. Any person convicted of a violation of this section shall be guilty of a Class 2 misdemeanor.  

D. This section shall not prohibit any person from possessing or drinking alcoholic beverages or any organization from serving alcoholic beverages in areas approved by the Board at a performing arts center owned by any city having a population between 100,000 and 105,000, provided the organization operating the performing arts center or its lessee has a license granted by the Board.

(1954, c. 651, § 4-78.1; 1982, c. 288; 1991, c. 710; 1993, c. 866; 1994, c. 844; 1997, cc. 784, 837.)

A PTA insurance policy carried through RV Nuccio covers this event whether held on school premises or off-site.  The PTA policy has no exclusions for grad night/after prom parties.  The policy drives the coverage not the PTA Summary and Loss Control Guide.  The actual policy is on line.  A local unit has liability coverage for athletic events and a local unit has liability coverage for the inflatable and mechanical devices that it plans on using and other facilities that the an off-site location would provide.  The PTA policy coverage territory is anywhere within the US & Canada.  So, one could even have this event in another state if they wanted.  There is no restriction to keep this type of event at the school or any other place.  For instance, local units could use their local Parks and Rec centers for this event.

There are several ways you can protect your  members from possible lawsuits that may arise.  One of them is to ask each vendor to add the PTA to its own liability policy as an additional insured.  A local unit should be provided with a Certificate of Liability with no less than a million dollar limit and at the bottom of this Certificate the PTA should be listed as an additional insured.   This provides the members with additional insurance limits in case of a lawsuit.   Vendors should provide their own employees to run the apparatus instead of a parent volunteer.  However, this is not mandatory, just good risk management.  Please note that the PTA does not have any coverage if the inflatables or games are destroyed by the kids.  The PTA policy does cover acts of negligence that the PTA becomes legally responsible to pay for bodily injury and property damage to the premises.    

These statements may not be true for insurance provided by other carriers, so a local unit will need to check with its carrier if they are not covered by RV Nuccio.

In order for local units to participate in Reflections, Citizenship Essay Program and Scholarship Program they must:

• Pay dues on/before June 30
• Have bylaws current or in committee at the time of judging