While there are several optional items your bylaws can include, there are some basic components that are critical. These elements are the essential framework for your nonprofit and will help you make sure that your organization operates effectively and complies with legal requirements:

Your Organization's Purpose

• Include key information about your organization and its mission.

• What is your nonprofit’s name?

• What specific goal or problem does your organization address?

• How does solving this problem benefit your community?

Pro Tip: Consult with a nonprofit advisor or legal expert to ensure your mission aligns with legal requirements for nonprofit status. For child care businesses, this typically means focusing on providing accessible, high-quality care, supporting early childhood education, or addressing community needs, such as low-income families' access to care. Clearly define how your nonprofit serves the public good to meet IRS and state-level requirements. 

Membership Guidelines (if applicable)

• Determine if your nonprofit will have members and guidelines for their participation.

• Who qualifies for membership?

• What is the process for joining or leaving?

• What rights and responsibilities will members have?

Important Note: Members are likely rare in a child care nonprofit. In some cases you may want to provide certain rights to parents and caregivers (such as voting on certain policies) but not offer “membership” which would give them a larger stake in the organization’s governance.  Membership is optional, but if included, check your state’s laws regarding member rights and responsibilities.

Board of Directors

• Determine details around your board of directors.

• How many board members will your nonprofit need?

• What are the key responsibilities of board members?

• How will board members be selected and replaced?

Pro Tip: Your board should reflect a mix of skills and experiences relevant to your mission so you will want to consider the skills, experience, and positions that your nonprofit needs. For example, a typical small nonprofit board might include five members: a president, treasurer, secretary, and two general members with experience in education or finance.

Leadership Roles

• List the key officer roles, such as president, treasurer, and secretary.

• What are the main officer roles in your nonprofit?

• What specific duties will each officer handle?

• What is the process if an officer leaves unexpectedly?

Pro Tip: Clearly document these roles and responsibilities in your bylaws to avoid confusion. Common roles include a president, who oversees operations and set meeting agendas, a treasurer, who manages finances and prepare budgets, and a secretary, who maintains meeting minutes and records.

Meeting Guidelines

• Determine details of board meetings for your organization.

• How frequently will board meetings be held?

• Will meetings be in-person, virtual, or a combination?

• How will votes be conducted (e.g., in-person, virtual, or both)?

Example: “Board meetings will be held quarterly with at least two meetings conducted in person annually. Votes may be conducted via email for urgent matters.”

Financial Rules

• Create guidelines for budgeting, audits, and expense approvals.

• What process will you use to create and approve budgets?

• How will audits be conducted?

• Who will approve expenses and ensure accountability?

Pro Tip: A good rule of thumb is to use IRS guidelines for financial transparency and accountability.

Future Planning and Updates

• Include a process for amending your bylaws as your nonprofit evolves.

• How will your nonprofit handle updates to the bylaws?

• What steps will ensure the process is straightforward and adaptable?

Pro Tip: Require a formal board vote for bylaw amendments to maintain integrity. Seek legal advice to ensure compliance with your state’s laws. 

What Else Might You Include in Your Bylaws?

While the foundational elements above ensure a solid framework for your bylaws, additional items can be included that meet your nonprofit's unique operational needs. These considerations can improve day-to-day operations and prevent conflicts:

• Decision-Making Procedures:

• How will major decisions be made?

• Who has authority to approve financial or strategic changes?

For instance, if there’s a disagreement over financial management, bylaws can provide clear rules for resolving the issue.

• Meeting Protocols:

• What are the rules for setting agendas, conducting votes, and notifying members?

Clear bylaws can ensure all board members receive adequate notice before key decisions are made.

• Conflict Resolution:

• What happens if there’s a dispute among board members or staff?

• Who mediates or resolves conflicts?

Imagine your board debating how to allocate funds for staff professional development. Your bylaws can clarify the decision-making process, ensuring that the final decision aligns with your nonprofit’s mission and budgeting rules. 

• Training and Onboarding:

• How will new board members or staff learn about their roles and responsibilities?

To guide you, reflect on a recent decision or conflict your organization faced. Could clear bylaws have made things easier? If so, what rules or guidance would have helped? Consider including these provisions if such situations are common in your operations.

What If I Need Help with Bylaws?

Though there is much you can do on your own in drafting bylaws, you can also can critical insights and support through several channels, depending on your needs:

• Consult a Professional: Nonprofit attorneys or legal aid services can review your bylaws to ensure they meet state and federal requirements.

• Join Nonprofit Associations: Local groups or child care associations often provide templates, workshops, and expert advice on drafting bylaws for businesses like yours. BoardSource, a national association of nonprofit governing board members has a number of excellent tools and guides. 

• Collaborate with Your Board: Working as a team ensures everyone understands and supports the bylaws, making implementation smoother.

• Learn from Peers: Reach out to other child care providers to see how their bylaws address similar challenges. Their insights can save you time and effort. 

Bylaws are more than just rules—they’re the backbone of a successful nonprofit. They provide the structure and accountability your organization needs to thrive. Whether you’re creating bylaws for the first time or revisiting outdated ones, investing time in this process now will save headaches later. To get started, search for nonprofit templates or samples of bylaws, or see the example included at the end of this guide.