About Membership ByLaws 2008 Membership ByLaws
| 2008 Membership ByLaws |
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NASBE BYLAWS ARTICLE I. NAME The name of the Association shall be the National Association of State Boards of Education, Inc. ARTICLE II. PURPOSES The National Association of State Boards of Education will: 2. Through its adopted processes, synthesize the themes and ideas which describe effective, student-focused education policy into positions of advocacy or into additional organizational beliefs. 3. Attract and retain staff members who are highly qualified to support inquiry and analysis in the areas of concern to education policy makers. NASBE will further provide forums for staff experts to work with members and other invited participants on important education issues. 4. Examine the issues and themes of education policy and provide information, comment, or advice to members and to states that desire to examine such issues for their states' policy creation. NASBE will provide expertise in how such policy issues will be affected by state's diverse statutory and governance requirements. 5. Provide a variety of programs and member services that can be utilized by state boards and state board members to improve their knowledge of education issues or their skills in being an effective board member and education policy maker. ARTICLE III. MEMBERSHIP A. Voting Members Any state, the District of Columbia, or any territorial board (hereinafter 'state') having jurisdiction over elementary and secondary education may become an equal voting member of the Association upon payment of required dues. In states not having boards of education, the chief state school officer may become a voting member of the Association upon payment by the state or territory of the required dues. B. Non-Voting Members of the Association Non-voting members of the Association shall receive all information services of the Association as defined by the Board of Directors; may attend and participate in all meetings and conferences of the Association; and shall be eligible, if appointed, to chair and/or serve as voting members of committees and study groups of the Association, but shall not be voting members of the Association as described in Bylaw Article IIIA. 1. Associate Members Associate members are those individuals (not state board of education members or executive directors to state boards of education) who pay the required dues. In addition, an Association or institution interested in the purposes of this Association may, upon approval of the Board of Directors and upon payment of dues fixed by the Board of Directors, become an associate member. 2. Affiliate Members The National Association of State Boards of Education recognizes two affiliate organizations: a. The National Council of State Board of Education Executives (NCSBEE); and b. The National Council of State Education Attorneys (NCOSEA). Affiliate members of NASBE, by virtue of their membership in NCSBEE, are those state board of education executives whose states are dues-paying members of the Association. Affiliate members of NASBE, by virtue of their membership in NCOSEA, are those dues-paying attorneys who belong to the National Council of State Education Attorneys. The dues of the National Council of State Education Attorneys will be established by the NASBE Board of Directors. Affiliate members shall receive the Association newsletter and all regular and special Association publications, may attend and participate in all meetings and conferences of the Association, and shall be eligible, if appointed, to chair and/or to serve as voting members of committees and study groups of the Association, but shall not be voting members of the Association as described in Bylaw Article III. A. 3. Former State Board Members Any individual who was formerly on a state board of education may, upon payment of dues fixed by the Board of Directors, become an Association member in this category. 4. Honorary Life Members The Executive Committee of the Board of Directors of the Association may confer honorary life membership upon individuals who by their actions have demonstrated a high degree of devotion to the purposes of the Association. Association presidents will become honorary members upon completion of their presidency. ARTICLE IV. ORGANIZATION The Association is divided into four areas: Central, Northeastern, Southern, and Western. The states in each area shall be as follows: Central - Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Wisconsin; Northeastern - Connecticut, Delaware, District of Columbia, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, Vermont, Virgin Islands; Southern - Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennessee, Texas, Virginia, West Virginia; Western - Alaska, American Samoa, Arizona, California, Colorado, Guam, Hawaii, Idaho, Montana, Nevada, New Mexico, Northern Marianas Islands, Oregon, Utah, Washington, Wyoming. ARTICLE V. BOARD OF DIRECTORS AND OFFICERS A. Board of Directors
2. Term a. Members of the Board of Directors who serve as such by virtue of being elected as Officers of the Association shall take office January 1st following the election and shall serve in that office for a term of one (1) year or until a successor is qualified. The Secretary-Treasurer who serves on the Board of Directors by virtue of being elected as Secretary-Treasurer of the Association shall take office January 1st following the election and shall serve in that office for a term of two (2) years or until a successor is qualified. The President-Elect shall become the President the year following the term as President-elect. The President shall become the Immediate Past President the year following the term as President.
c. A New Member who serves as such by virtue of being elected by and from the participants in the New State Board Member Institute shall take office January 1st, following the election, and shall serve in that office for two (2) years. 3. Qualifications To be eligible to serve as an Officer or Area Director, an individual shall be a member of a dues-paying state board of education, except that any person actually assuming the office of President shall be eligible to complete normal terms as President and Immediate Past President even though that person's state board term may have expired. In addition, the Secretary-Treasurer shall be eligible to complete the normal term of the office even though that person's state board term may have expired as long as the Secretary-Treasurer maintains membership in the Association in one of the Non-Voting Membership categories defined in Article III (B) of these bylaws. All candidates must submit a letter of support from their state board of education to be eligible to run for office and may not be in the final year of a term of service on their state board of education. In addition, to be eligible to be elected as President-elect, the candidate shall have prior NASBE Board of Director service or have served as the chairperson of a study group or the Governmental Affairs Committee. To be eligible to be elected to the New Member position, the individual must be serving either the first or second year of a term as member of a dues-paying state board. 4. Officers a. Designation - The Officers of the Association shall be the President-elect, President, Secretary-Treasurer, and Immediate Past President. b. Election - The President-elect and Secretary Treasurer shall be nominated from and voted upon by the general membership. The election will take place at the annual business meeting. Candidates will be elected by a majority vote of all voting member states. States unable to send a delegate to the annual business meeting may vote by mail, to be received at Association headquarters by September 30th after notifying the Senior Area Director from the region. In the absence of a majority vote for either position, voting member states present at the annual business meeting shall vote by secret ballot to decide the outcome of the election. In the event that the second vote does not result in the required majority, the NASBE Board of Directors, excluding any candidates in the election in question, will vote through a secret ballot to determine the outcome of the election. 5. New Member Representative A New Member Representative will be elected annually by a simple majority of the participants of the New State Board Member Institute. 6. Area Directors a. Designation - Two (2) Area Directors shall be elected from among the members of the boards of dues-paying states in each area of the Association. b. Election - The Area Directors shall be elected by a majority vote of the voting states of a particular area. The election will take place at the annual area meeting in October. States unable to send a delegate to the annual area meeting may vote by mail ballot, to be received at the Association headquarters by September 30th after notifying the Senior Area Director from the Region. In the event of a lack of a majority vote, the voting delegates of an area at the Annual Area Meeting will vote to determine the winning candidate. 7. Duties a. Board of Directors - The policies and goals of the Association shall be established by the Board of Directors. The Board may delegate this authority as appropriate to the Executive Committee. b. Officers - The Officers shall perform those duties customarily assigned to the offices held. In addition: i. President - The President shall preside at the Annual Conference and business meeting and at other meetings of the Association, shall be chairman of the Board of Directors, shall make appointments to committees for the conduct of the business of the Association, and shall serve as an ex-officio non-voting member of each committee except the Nominations Committee. 8. ii. President-elect - The President-elect shall assist the President as may be requested by the President and shall preside in the absence of the President. 9. iii Secretary-Treasurer - The Secretary-Treasurer shall be chairman of the Finance and Audit Committee and shall be responsible for all financial accounts of the Association. iv. Immediate Past President - The Immediate Past President shall be chairman of the Nominations Committee and shall represent the Association as the President may require. c. Area Directors - The Area Directors shall perform any duties in their respective areas to further the purposes of the Association. 10. Ex-Officio Members The President of the National Council of State Board of Education Executives and the Chairman of the National Council of State Education Attorneys, shall be voting, ex-officio members of the Board of Directors. 11. Nominations to the Board of Directors a. The Nominations Committee shall nominate at least one candidate each year for President-elect, and nominate at least one (1) candidate for Area Director for each of the Association areas. The Nominations Committee shall solicit recommendations for President-elect and Area Directors from among the membership. Such recommendations (for the following year) must be received at NASBE headquarters at least 48 hours prior to the meeting of the Nominations Committee. b. The Nominations Committee shall nominate at least one candidate every two years for the office of Secretary-Treasurer from among the membership. This recommendation (for the following year) must be received at NASBE headquarters at least 48 hours prior to the meeting of the Nominations Committee which will take place during the June Board and Committee meetings.
12. Additional Nominations to the Board of Directors Additional nominations for the offices of President-elect and Secretary-Treasurer may be made by written petition signed by voting delegates of five or more states from two or more regions eligible to vote, provided that such nominations are received at the Association headquarters by August 31st. Additional nominations for the office of Area Director may be made by written petition signed by the voting delegates of three or more states from the region eligible to vote, provided that such nominations are received at the Association headquarters by August 31st. If between the close of nominations and the annual business meeting a candidate's withdraw leaves either one or no candidate for a position, nominations may be made from the floor at the annual business meeting. 13. Vacancies a. When a vacancy exists on the Board of Directors or on a Committee, the remaining members of the Board may appoint an eligible member to fill such vacancy for the remainder of that term. b. If a vacancy occurs in the position of Area Director before the meeting of the Nominations Committee in the first year of the Area Director term, an Area Director shall be elected through the normal nominations process to fill the second year of the term. c. If a vacancy occurs in the office of Secretary-Treasurer or President-elect, the Board of Directors will appoint a person to finish the term. d. If any member of the Board of Directors, with the exception of the Secretary-Treasurer, President or Immediate Past President, shall leave or be removed from membership on the Board of Education of a state, or if the Board of Education of any state shall cease to be a member of the Association and if a member of such board shall be a member of the Board of Directors of the Association, a vacancy shall exist and be filled as herein provided. B. State Voting Delegate and NASBE Liaison Each state shall designate a voting delegate to represent the state at the annual business meeting. This individual will continue to serve until the following year and will be the NASBE liaison between the respective states. Should a vacancy occur or if a state does not attend the annual business meeting, the State Board will designate a representative. C. Executive Director a. Designation - The Board of Directors shall employ an Executive Director to serve pursuant to contract at such compensation as may be determined by the Board.
D. Indemnification of NASBE Board of Directors and Staff Any director, officer, employee, agent, or other persons serving at the request of the Association shall be indemnified against civil or administrative litigation expenses, judgments, and amounts paid in settlement of civil or administrative actions against any such person, provided that such person acted in good faith and reasonably believed that such actions were in the best interest of the Association, and provided further that such indemnification and the amount of any settlement paid are approved in advance by the majority of the quorum of the Board of Directors, or the court or agency having jurisdiction of the matter. This indemnification shall not include criminal litigation. ARTICLE VI. MEETINGS A. Annual Business Meeting
2. Notice of annual business meetings shall be given by the Executive Director, in writing, to all members at least sixty (60) days prior to the meetings. 3. At each Annual Business Meeting, a dues-paying state board shall have one vote, which shall be cast by the voting delegate or the alternate voting delegate from such state who shall register with the Credentials Committee appointed by the President. 4. Quorum - Fifty percent plus one state of the total number of member states shall constitute a quorum, and such quorum being present, the action of a majority of the delegates voting shall be the official action of the Association.
2. Notice - Notice of meetings of the Board of Directors shall be given by the Executive Director, in writing, to the members of the Board. Each board member shall receive the agenda prior to the meeting. 3. Quorum - A majority of the members of the Board of Directors shall constitute a quorum, and the action of a majority of the full Board shall be the official action of the Board. A quorum may be achieved through the use of conference calls or other appropriate technologies.
Determination of annual membership dues and method of payment, or any changes therein, shall be approved by the Board of Directors.
The fiscal year for the Association shall be January 1 through December 31. ARTICLE IX. COMMITTEES A. Standing Committees The Association shall maintain Standing Committees as described in the bylaws. A majority of the members of any Standing Committee shall constitute a quorum, and the action of a majority of the Committee shall be the official action of the Committee. A quorum may be achieved through the use of conference calls or other appropriate technologies. Except as otherwise noted herein, the terms of the members appointed to Committees of the Association shall expire at the end of the fiscal year. When the President determines that a vacancy exists on a committee, the President may appoint an eligible member of the membership to fill such vacancy for the remainder of that term. 1. Executive Committee a. The Executive Committee shall have four (4) members who are the duly elected officers of the Association: the President, who shall be Chairman, and the President-elect, Secretary-Treasurer, and the Immediate Past President. b. The responsibilities of the Executive Committee are as follows: i. Evaluate the Executive Director. 2. Nominations Committee The Nominations Committee shall have seven (7) members: the Immediate Past President, who shall be Chairman and vote only in the case of a tie vote, one representative from each area of the Association and two (2) members elected at large during the annual business meeting. Each area representative to the Nominations Committee shall be elected at the area meeting of the region that is held during the Association's Annual Conference. All Nominations Committee members must be current members of state boards of education, and priority for appointment shall be a past Area Director from each area. In the event there is not available to serve a past area director, the appointee should be a member of the Association who has served either on a committee or a Study Group of the Association. Each area will also have an alternate, should the appointee be unable to serve. The alternate for each area shall be recommended by the current directors from that area and appointed by the President. The terms of the Nominations Committee are one (1) year, and all Nominations Committee members are eligible to serve a maximum of three years. b. The Committee shall nominate each year at least one (1) candidate for the position of President-elect, and nominate at least one (1) candidate for Area Director from each area based on candidate interviews. c. The Committee shall nominate at least one (1) candidate every two (2) years for the position of Secretary-Treasurer based on candidate interviews. d. It is also the duty of the Nominations Committee to recommend changes to the definition of qualifications for each elected or appointed position and to use such descriptions in the search process. 3. Public Education Positions Committee a. The Public Education Positions Committee shall have eight (8) members, consisting of the four (4) junior area directors, and four additional members appointed by the President, preferably from each area. The Chair of the committee shall be appointed by the President from the Committee. Each member may serve up to one (1) successive term. b. The Committee shall solicit new Public Education Positions and changes to standing public policy positions from among the membership, meet at least ninety (90) days prior to the Annual Business Meeting to consider the proposed public policy positions and changes, and distribute its report to the Association membership at least sixty (60) days prior to the Annual Business Meeting. c. New Public Education Positions i. New Public Education Positions and amendments not distributed by the Committee may be submitted by a member board but only if presented to Association headquarters for transmission to the Association membership not less than thirty (30) days before the start of the Annual Business Meeting. ii. New or amended Public Education Positions not recommended by the Committee and/or emergency resolutions recommended by the Public Education Positions Committee may be considered at the Annual Business Meeting only by the agreement of the majority of the delegates present and voting. d. Minority Statements i. The printed Public Education Positions may record the dissenting votes by state designation and shall provide a section for written minority statements. ii. The language of such minority statements shall require the concurrence of five voting delegates recorded as voting "no." The length of such minority statements shall be determined by the Public Education Positions Committee. 4. Finance and Audit Committee a. The Finance and Audit Committee shall have at least four (4) not to exceed seven (7) members: the Secretary-Treasurer, who shall be Chairman and at least three (3) additional members not to exceed six (6) appointed by the President as herein provided. Upon assuming office, the NASBE President will appoint (with Board approval) one member of the Finance and Audit Committee to a three (3) year term such that the Committee will receive one (1) new member each year. b. The Committee shall review the financial condition of the Association, as well as its dues structures, its budget, its investments, and the manner in which staff has conducted the business of the Association. The Finance and Audit Committee shall oversee the Association's annual independent audit. The Finance and Audit Committee shall recommend, and the Board of Directors shall approve, the Annual Budget of the Association for the next fiscal year prior to the Annual Business Meeting. The Finance and Audit Committee shall report to the Association at the Annual Business Meeting. 5. Governmental Affairs Committee a. The Governmental Affairs Committee shall be open to any member who wishes to serve on the Committee and has their board approval; however, membership will be limited to one person per state. The Chair of the Committee will be appointed by the NASBE Board of Directors. b. It is the role of the Governmental Affairs Committee to provide a forum for discussion of issues that have become the subject of federal legislation or of importance to a large number of states. The Committee's responsibility shall include recommending legislative positions to the NASBE Board of Directors. Only those positions that are approved by a 2/3 majority vote of the Committee will be recommended to the NASBE Board of Directors. These positions shall not be inconsistent with duly adopted NASBE resolutions, missions, and beliefs. The Committee shall also recommend positions compatible with the purposes of the Association on issues for which there are no established policies. 6. Credentials Committee a. The Credentials Committee shall have no more than five (5) members appointed by the President. b. The Committee shall register a voting delegate and alternate from each state to vote at the Annual Business Meeting. B. Ad Hoc Committees 1. Ad Hoc Committees may be designated by the Board of Directors to further the purposes of the Association. 2. The Board shall determine the function, term, membership, and budget of each committee and the President shall appoint the members. ARTICLE X. AMENDMENTS The Board of Directors will review the bylaws of the Association on an "as needed" basis. In the event the Board should recommend a bylaws change to the membership, the proposed change shall be distributed to the Association membership at least sixty (60) days prior to the start of the Annual Business Meeting. In addition to recommendations for amendments submitted by the Board of Directors, the Bylaws may also be amended at the annual business meeting by a two-thirds vote of the voting delegates. ARTICLE XI. PARLIAMENTARY AUTHORITY The procedures at all meetings shall be governed by Robert's Rules of Order (revised), except as modified by these bylaws and standing rules of the Board of Directors and Annual Business Meeting.
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