CONSTITUTION AND BY LAWS
OF THE New York Council of Administrators of Special Education (NYCASE)
OF THE Council for Exceptional Children (CEC)
 

ARTICLE I — NAME

The name of this organization shall be the New York Council of Administrators of Special Education (NYCASE), a subdivision of the Council of Administrators of Special Education (CASE) of the Council for Exceptional Children (CEC).

ARTICLE II — PURPOSE

The primary purpose of this organization shall be to advance the education of children and youth with exceptionalities and to establish and administer programs and activities for the education of its members.  Specifically, the organization shall assist and provide support to CASE and CEC in their efforts on behalf of children and youth with exceptionalities.

ARTICLE III — MEMBERSHIP

The membership in the NYCASE will have the following levels: Unified Member, Council Member, Associate Member (CASE member only), Retired Member, Student Member and Ex-Officio Member.

Section 1. Unified Member
The organization’s membership shall consist of paid members of both the CEC and CASE, and members of the NYCASE. Unified Members may serve on the Executive Committee. Unified Members have access to all membership benefits.

Section 1a. Council Member
This membership level shall consist of paid members of the NYCASE only. Members may serve on the Board of Directors and have access to all membership benefits, but may not hold a position on the Executive Committee

Section 1b. Associate Member
Associate Membership shall consist of paid members of the International CEC-CASE, or another NYS administrator’s organization. Associate Members may serve on ad hoc Committees and attend one conference per year at the member rate.

Section 1c. Retired Member
Any retiree, who was a member of NYCASE in good standing the year prior to retirement, may continue as a Retired Member. Retired Members may serve on Committees of the Board and may attend conferences and institutes at the same rate as charged for NYCASE Members.

Section 1d. Student Member
Any student enrolled full time in a College or University may join the organization as a Student Member. Student members may serve on Committees of the Board. Student members are entitled to a reduced rate for conferences and institutes at the same rate charged for NYCASE Members.

Section 1e. Ex-Officio Member
Ex-Officio membership shall be granted to individuals by the Board of Directors to serve as a liaison to another organizations/associations. Ex-Officio members may not serve on the Board of Directors but may serve on its Committees.

Section 2. Minimum Membership Requirements 

The organization shall maintain a minimum of 15 paid members who shall meet the Unified Membership qualifications established by CEC.

Section 3. Membership Term
The membership term shall be one year from the date of enrollment.

Section 4. Organization Fees

  • The organization may collect fees for specific activities or services at differential rates for Unified Members, Council Members, and Associate Members. CEC-CASE/NYCASE members will be carried on the rolls of NYCASE as Unified Members. Enrollees who belong only to NYCASE or to an administrative organization other than CEC-CASE shall be carried on the rolls as Council Members of NYCASE. Members who are CEC-CASE members only, or members of other NYS administrators’ associations will be carried on the organizations rolls of NYCASE as Associate Members. Associate Members and Non-Members will be assessed an adjusted rate to attendconferences and institutes.
  • Organization Dues will be set yearly at the annual meeting of the Board of Directors and communicated to the membership at that meeting.

ARTICLE IV ORGANIZATION

Section 1. Relationship to the Division 
This organization shall be recognized as an official organization of CASE and shall be subject to its general supervision and control. Section 2. Relationship to the State/Provincial UnitThis organization shall be affiliated with the New York State Unit of the CEC.Section 3. Fiscal and Administrative Term The fiscal year shall be July 1- June 30. The administrative term of office shall run from August 1 - July 30. ARTICLE VOFFICERSSection 1. Elected Positions The Officers of this organization shall consist of Co-Presidents, Co-Vice Presidents, Co-Secretaries, and a Treasurer. 

Section 2. Prerequisite to Nomination and Election
All Officers  must be paid members in good standing with the CEC, CASE, and NYCASE at the time of their nomination and election, and remain so throughout their term of office.

Section 3. Election of Officers 
The Officers of the organization shall be elected by the membership from those members in good standing by a yea or nay vote who are nominated by the Nominating Committee. Nominations may also be made from the floor. If multiple people are nominated for a position, a ballot vote will be taken by the members in good standing. The nominee for each position receiving the highest number of votes shall be elected. The election shall be held atthe annual meeting.

Section 4. Term of Office
Each term shall be two years, unless agreed upon otherwise in any given election year by a quorum of the remaining board members which shall coincide with the fiscal/administrative year.

Section 5. Succession

  • With the exception of the Treasurer who may succeed her/himself to maintain financial continuity, an elected Officer may not succeed him/herself in the same office until the expiration of one administrative term of office provided that this shall not apply in the case of an Officer selected to fill any portion of an unexpired term, or in those cases where a quorum of the remaining board members vote to extend the office in accordance with Section 4.
  • At the end of the term of an elected Co-President, an elected Co-Vice President shall succeed to the office of President.
  • A vacancy in any office, except for a vacancy in the Co-Presidency or Co-Vice Presidency, shall be declared and filled by action of the Executive Committee upon recommendation by the Co-Presidents, and such person(s) shall serve only until the end of the current administrative year or until replaced by an elected successor. A vacancy in the offices of Co-President or Co-Vice President shall be filled by action of the Board of Directors upon recommendation of the Nominating Committee.

Section 6. Duties of Officers

a. The powers and duties of the Co-Presidents shall be: 

  1. To serve as the chief Executive Officers of the organization with the powers and duties customary for such position;
  2. To provide leadership in general policymaking and to carry out the directives of the membership;
  3. To call and preside at the annual business meeting and at all meetings of the Executive Committee;
  4. To recommend chairs of standing Committees with the exception of the Nomination and Election Committee;
  5. To be Ex-Officio non-voting members of all Committees with the exception of the Nomination and Elections Committee;
  6. To recommend to the Executive Committee, the need for any additional ad hoc Committees or other appointive bodies where needed.
  7. To prepare the organization’s annual report.

b. The powers and duties of the Co-Vice Presidents shall be:

  1. To serve in the place of and with the authority of a Co-President in case of a Co-President’s absence or inability to serve;
  2. To provide leadership in the program development of conferences/institutes and plan other meetings according to the policies and directives of the Executive Committee.

c. The powers and duties of the Co-Secretaries shall be:

  1. To keep a record of the proceedings of the annual business meeting and the meetings of the Executive Committee;
  2. To carry on correspondence as necessary for the operation of the organization;
  3. To assume custody of all records except those specifically assigned to others;
  4.  To maintain up to date lists of Executive Committee and Committee Members.

d. The powers and duties of the Treasurer shall be:

  1. To serve as custodian of the funds of the organization;
  2.  To authorize and pay the organization’s expenses;
  3.  To issue an annual report of the financial status of the organization to the Executive Committee at the annual business meeting;
  4.  To prepare and submit an annual budget for approval by the Executive Committee at the annual business meeting.

Section 7. Removal from Office

  1. A Petition for removal of an Officer shall be signed by at least five members of the organization and submitted in writing to the Co-Presidents. If a Co-President is the subject of the petition, it shall be submitted to the Co-Vice Presidents and the other Co-President.
  2. A Co-President (or Co-Vice President) shall, notify each Executive Committee member in writing within seven days of the receipt of a petition, solicit relevant evidence from all parties concerned, and call a special meeting of the Executive Committee to consider the matter within 30 days following receipt of such petition.
  3. At the Executive Committee meeting, all interested parties shall have an opportunity, including the Officer who is the subject of these proceedings, to present any relevant evidence to the Committee prior to removal. A two thirds majority vote of the members present, provided there is a quorum, is necessary for removal of an Officer. Removal from office is effective immediately.
  4. The Officer being considered for removal shall be provided with the results of the Executive Committee action in writing within seven days of the decision.

ARTICLE VI EXECUTIVE COMMITTEE

Section 1. Composition
The Executive Committee shall consist of the Co-Presidents, Co-Vice Presidents, immediate past Co-Presidents, Co-Secretaries, and Treasurer. All members of the Executive Committee must hold unified membership. Co- Chairpersons of a standing Committee may be invited to attend an executive meeting to provide an update report on the Committee’s activities.

Section 2. Duties of the Executive Committee 
The duties of the Executive Committee shall be:

a. To formulate and propose policies for the organization;

b. To fill vacancies;

c. To make recommendations to the organization;

d. To work with the Board of Directors; and

e. To work with the Chairpersons of the standing Committees in setting agendas for the Board Meetings.

Section 3. Composition and Duties of the Board of Directors

The Board of Directors shall consist of the Officers of the Executive Committee and up to 15 other members in good standing as recommended by the Executive Committee and approved by a 2/3 majority of the current Board

Members. Members of the Board of Directors shall serve as regional representatives to one of the 10 New York Regions and where they shall hold either Unified Membership or Membership status. Counsel to the Board of Directors shall be an Ex-Officio member of the Board. The duties of the Board of Directors shall be:

a. To represent Special Education Administrators on a regional basis;

b. To chair and work on Committees of the Board; and

c. To study issues/activities and make recommendations to the Executive Committee and to the board in furtherance, thereof.

ARTICLE VII MEETINGS

Section 1. Meetings

NYCASE shall conduct its annual meeting which shall be open to all members during the annual conference.

There shall be a minimum of 6 meetings of the Board of Directors per year.

Section 2. Special Meetings

With the consent of the Executive Committee a Co-President, may call a special meeting. The Board shall advise NYCASE membership of any action taken as a result of such meeting.

Section 3.  Quorum

51% of the Board of Directors’ membership shall constitute a quorum.

Any meeting may be conducted telephonically and the Board may take any action it is authorized to take in accordance with its bylaws.

Members unable to attend a meeting in person may participate by telephone or by other means electronically.

Any Board Member unable to attend a meeting, in person, may cast a vote by proxy, telephonically or electronically.  Such votes shall be recorded in writing and filed with the minutes. Such votes shall be counted unless an objection is filed, in writing, with the Director or President within five days of receipt of the Board’s minutes.

ARTICLE VIII COMMITTEES

Section 1. Standing Committees

Standing Committees shall include Professional Development, By Laws, Legislative, Finance, Website Development, and Membership. Ex-Officio members on Committees must be members of NYCASE who do not represent a region as designated by the Board of Directors.

Section 2. Ad Hoc Committee Nomination and Election Committee

Ad hoc Committees may be established and their functions assigned at the discretion of the Co-Presidents. Any proposal shall provide a clear statement of the functions of such Committee and shall identify its start and end date.

Section 3. Appointment of Committee Chairs

The Co-Presidents, with the approval of the Executive Committee, shall appoint the Chairs of each Standing Committee. The immediate past Co-Presidents shall serve as Co-Chair on the Nominating and Election Committee.

Section 4. Appointment of Committee Members

With the exception of the Nominating and Election Committee, Committee members shall be appointed by the Chair, subject to approval by the Co-Presidents.

Section 5. Duties of Committees

1. The duties of the Membership Committee shall be:

a.    To maintain a current record of NYCASE and CEC-CASE members and to provide all Officers and Committee Chairs with such a list upon request;
b.    To maintain an active program for the recruitment of new members;
c.    To support office headquarters of the CEC in its follow up of membership renewals;
d.    To keep a written record of the activities conducted to maintain and increase membership.

2. The Website Development Committee shall work with the website design to update and publish the organizations newsletter.

3. The duties of the Legislative Committee (governmental relations committee) shall be: 

a.    To develop a legislative program under the direction of the Executive Committee;
b.    To disseminate information pertinent to national and state/provincial legislative programs.

4. The duties of the Nominating and Election Committee (ad hoc) shall be to prepare a slate of nominees for each office to be filled and to present the slate to the membership. Committee members shall be sought from the Board of Directors and appointed by the Co-Presidents at the annual meeting of the Board prior to the school year in which elections occur.

ARTICLE IX DURATION AND DISSOLUTION

The duration of the organization shall be perpetual unless the Officers of the organization unanimously determine that it should be dissolved. Upon the dissolution and final liquidation of the organization, the Officers shall arrange for payment of all outstanding debts and liabilities to the extent possible, and disperse any funds remaining in furtherance of the organization’s purpose and mission as approved by the  Board of Directors, including:

1.    Contributing them to CASE for its use in advancing the education of exceptional children; or

2.    Contributing them to the CEC, a nonprofit, tax-exempt 501(c)(3) organization, to apply to one or more of its programs including:

a.    The Yes I Can! Awards Program for its use in recognizing the achievements of students who have excelled despite their disability;
b.    The “Kayte M. Fearn CEC Ethnic Diversity Scholarship” which annually provides a cash scholarship to a CEC student member from an ethnic background who is pursuing a degree in special education;
c.    The “In Remembrance Of …” Fund in honor of an individual to support the activities and programs of The Council; and/or
d.    The “General Council Fund” supporting the activities and programs of the Council.

ARTICLE X PARLIAMENTARY PROCEDURE

Roberts Rules of Order, Newly Revised, latest edition, shall be used as a guide by this organization in carrying out its parliamentary procedure.

ARTICLE XI AMENDMENTS

The Articles of Incorporation and By Laws may be amended at any meeting of the Board of Directors by a two-thirds vote of the membership present, providing there is a quorum. Such amendment(s) shall have been submitted in writing to the Executive Committee. Within 30 days of the date received by the Executive Committee, the proposed amendment(s) shall be submitted to the membership electronically and/or in a posting on the organization’s webpage at least 14 days prior to the Board Meeting to provide sufficient time for comment prior to a vote.

Members shall be invited to a special meeting to discuss proposed amendment(s) to the By-laws, not conducted at the annual meeting.

 

REVIEWED AND APPROVED BY NYCASE MEMBERS AND BY THE BOARD OF DIRECTORS JULY 24, 2013 

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