Mission & By-Laws
CONSTITUTION AND BY LAWS
OF THE New York Council of Administrators of Special Education (NYCASE)
OF THE Council for Exceptional Children (CEC)
NEW YORK COUNCIL OF ADMINISTRATORS OF SPECIAL EDUCATION BYLAWS
ARTICLE I - NAME
The name of this organization shall be the New York Council of Administrators of Special Education, hereinafter referred to as NYCASE. NYCASE shall be affiliated as a subdivision of the Council of Administrators of Special Education (CASE) and as a division of the Council for Exceptional Children (CEC).
ARTICLE II - MISSION
The New York Council of Special Education Administrators (NYCASE) is a professional organization that provides leadership and support to members by advocating on the shaping of policies and practices which impact the quality of special education services for students with disabilities. NYCASE will participate actively in the improvement of special education programs in the State of New York.
ARTICLE III - MEMBERSHIP
SECTION 1: NYCASE Membership Levels
SECTION 1a: Unified Member (paid membership in national CEC and CASE along with NYCASE) Unified members may serve on the Executive Board and have access to all membership benefits.
SECTION 1b: Council Member (paid membership in NYCASE only) Council members may serve on the Board of Directors but may not hold a position on the Executive Board. They may serve on any active NYCASE Committee.
SECTION 1c: Retired Member (paid membership in NYCASE) Retired members are those NYCASE members in good standing the year prior to their retirement who are not currently in a full time salaried administrative position. Retired members may serve on the Board of Directors, and can attend the annual conference at the member rate.
SECTION 1d: Student Member (paid membership in NYCASE) Student membership is open to any student enrolled in a College or University pursuing an advanced degree or certificate in administration. Student members may serve on a NYCASE Committee and can attend the annual conference at the member rate.
SECTION 1e: Ex-Officio Member The Board of Directors may grant this special membership to an individual. This individual may serve as a liaison to another organization or association. Ex-Officio members may serve on an active NYCASE Committee. Ex-Officio members may not vote or serve as an officer.
SECTION 2: Minimum Membership Requirements
NYCASE shall maintain a minimum of fifteen (15) paid members at the Unified Membership level.
SECTION 3: Membership Term
The membership term shall be one or two years from the date of enrollment - based on payment of a one year or two year membership
SECTION 4: Organization Fees
SECTION 4a: Membership dues will be set yearly at the annual meeting of the Board of Directors and communicated to the membership at that meeting.
SECTION 4b: NYCASE may collect due or fees for specific activities or services at differential rates based on membership levels.
ARTICLE IV - ORGANIZATION
SECTION 1: Relationship to the Division
NYCASE shall be recognized as an official state organization of CASE and shall be subject to its general supervision and control.
SECTION 2: Relationship to the State/Provincial Unit
NYCASE 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 begin the first Board meeting after the Annual Business Meeting
SECTION 4: The NYCASE Board shall have the authority to appoint the Executive Director of NYCASE. The procedures for selection and duties of the Executive Director shall be published in the position description and available in print from the NYCASE Policy Manual or online at the NYCASE website.
ARTICLE V: OFFICERS
SECTION 1: Elected Positions
The officers of NYCASE shall consist of Co-Presidents, Co-Vice Presidents, Co-Secretaries and a Treasurer.
SECTION 2: Prerequisite to Nomination and Election
All Executive Board members must be Unified Members (paid members in good standing with CEC, CASE and NYCASE) at the time of their nomination and election and remain so throughout their term in office
SECTION 3: Election of Officers
The nominated slate of Officers of NYCASE shall be presented to the membership at the annual conference and elected by a yea or nay vote. Nominations may also be made from the floor. If multiple people are nominated for a position, a ballot vote will be taken by the membership. If no positions are opposed, then the secretary can be directed to cast one vote in favor of the proposed slate of officers.
SECTION 4: Term of Service
With the exception of the Treasurer, each term shall be two (2) years, unless agreed upon otherwise in any given election year by a quorum of the remaining board members.
SECTION 5: Succession
SECTION 5a - With the exception of the Treasurer who may succeed her/himself to maintain financial continuity, an elected Officer shall serve for a two (2) year term, not to exceed two consecutive terms. This shall not apply in the case of an Officer selected to fill any portion of an unexpired term.
SECTION 5b - At the end of the term of the Co-President, the Co-Vice President who has served longer in that current position shall succeed to the office of Co-President.
SECTION 5c - A midterm 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 Board upon recommendation by the Co-Presidents. Such person(s) shall serve until the end of the current term.
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 Membership Committee.
SECTION 6: Duties of Officers
SECTION 6a. The powers and duties of the Co-Presidents shall be:
1. To serve as the chief Executive Officers of NYCASE with the powers and duties customary for such a position;
2. To be the primary representatives of NYCASE (or their appointed designee);
3. To provide leadership in general policymaking and to carry out directives of the membership;
4. To call and preside over the annual business meeting and all meetings of the NYCASE Board of Directors;
5. To recommend chairs of standing Committees;
6. To recommend to the NYCASE Board, the need for any additional Committees;
7. To prepare the organization’s annual report.
SECTION 6b. 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 Chair the Committee responsible for professional development, providing leadership in the program development of conferences and other professional development opportunities for the NYCASE membership.
SECTION 6c. The powers and duties of the Co-Secretaries shall be:
1. To keep a record of the proceedings of all NYCASE Board meetings including the annual business meeting;
2. To provide minutes subsequent to all NYCASE Board meetings and the annual business meeting.
SECTION 6d. The powers and duties of the Treasurer shall be:
1. To serve as custodian of the funds of NYCASE;
2. To authorize and pay NYCASE expenses
3. To issue a report of the financial status of NYCASE at each Executive Board meeting
4. To issue an annual report of the financial status of NYCASE to the Executive Board and NYCASE membership at the annual business meeting;
5. To prepare, with the NYCASE Board of Directors, an annual budget for approval by the NYCASE Board of Directors at the September NYCASE Board Meeting.
SECTION 7: Removal from Office
SECTION 7a. A Petition for the removal of an Officer shall be signed by at least five (5) members of NYCASE 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.
SECTION 7b. A Co-President (or Co-Vice President) shall notify each Executive Board member in writing within seven (7) days of the receipt of a petition; solicit relevant evidence from all parties concerned and call a special meeting of the Executive Board to consider the matter within thirty (30) days following receipt of such petition.
SECTION 7c. At the Executive Board 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 Executive Board prior to a decision. A two-thirds majority vote of the Executive Board members present, provided there is a quorum, is necessary for removal of an Officer. Removal from office is effective immediately.
SECTION 7d. The Officer being considered for removal shall be provided with the results of the Executive Board action in writing within seven (7) days of the decision.
ARTICLE VI: EXECUTIVE BOARD
SECTION 1: Composition
The Executive Board shall consist of the Co-Presidents; Co-Vice Presidents; Immediate Past Co-President; Co-Secretaries and Treasurer. All members of the Executive Board must hold unified membership. Standing Committee Chairperson(s) may be invited to attend an Executive Board meeting as needed.
SECTION 2: Duties of the Executive Board
The duties of the Executive Board shall be:
2a. To attend all Board meetings and membership meetings;
2b. To attend the Summer Institute;
2c. To formulate and propose policies for the organization;
2d. To fill vacancies;
2e. To make recommendations to NYCASE;
2f. To work with the Board of Directors;
2g. To work with the Chairperson(s) of the standing Committees in setting agendas for meetings
2h. To work closely with the Executive Director
ARTICLE VII: BOARD OF DIRECTORS
SECTION 1: Composition
The Board of Directors shall consist of the Officers of the Executive Board and up to fifteen (15) other members (Directors) in good standing as recommended by the Executive Board and approved by a two-thirds (⅔) majority of the current NYCASE Board. Board members must be Unified Members.
SECTION 2: Duties of the Board of Directors
The duties of the Board of Directors shall be:
2a. To attend all meetings of the Board and membership meetings
2b. To attend the Summer Institute;
2c. To represent Special Education Administrators on a regional basis;
2d. To chair and work on Committees of the NYCASE Board;
2e. To study issues/activities and make recommendations to the Executive Committee and to the Board in furtherance, thereof.
A member of the Board of Directors may be removed from office when they have failed to fulfill the responsibilities of the office.
ARTICLE VIII: 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 six (6) meetings of the Board of Directors per year.
SECTION 2: Special Meetings
With the consent of the Executive Board, a Co-President may call a special meeting. The NYCASE Board shall advise the membership of any action taken as a result of such meeting.
SECTION 3: Quorum
Attendance of fifty one percent (51%) of the Board of Directors shall constitute a quorum.
Any meeting may be conducted in person, telephonically or virtually and the NYCASE Board may take any action it is authorized to take in accordance with its by-laws. Board members unable to attend a meeting in person may participate by telephone or virtual format. If a meeting begins with a quorum, but one or more Board members must leave the meeting, the quorum would not be disrupted and board or committee action can continue to properly take place.
SECTION 4: Voting Outside Board Meetings
With unanimous consent, the Board of Directors may elect to act without a meeting by any electronic means, in addition to via "electronic mail.” Voting outside Board meetings must be documented by the secretary and submitted for approval as minutes in the subsequent Board meeting.
ARTICLE IX: COMMITTEES
SECTION 1: Standing Committees
Standing Committees of NYCASE shall include but not limited to committees focused on professional development, advocacy, communication/technology and membership/elections.
SECTION 2: Ad-Hoc Committees
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 Board, shall appoint the Chairs of each Standing Committee.
SECTION 4: Appointment of Committee Members
Committee members shall be appointed by the Chair(s) subject to approval by.the Co-Presidents.
ARTICLE X: DURATION AND DISSOLUTION
The duration of NYCASE shall be perpetual unless the Officers of NYCASE unanimously determine that it should be dissolved. Upon this dissolution and final liquidation of NYCASE, the Officers shall arrange for payment of all outstanding debts and liabilities to the extent possible and disperse any funds remaining in the furtherance of NYCASE’s purpose and mission as approved by the Board of Directors, including:
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Contributing them to Council for Administrators of Special Education [CASE] for its use in advancing the education of exceptional children; or
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Contributing them to Council for Exceptional Children [CEC]
ARTICLE XI: PARLIAMENTARY PROCEDURE
Robert's Rules of Order, latest edition, shall be used as a guide by NYCASE in carrying out its parliamentary procedure.
ARTICLE XII: 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 amendments shall have been submitted in writing to the Executive Board. Within thirty (30) days of the date received by the Executive Board, the proposed amendment(s) shall be submitted to the membership electronically and/or in posting on the NYCASE webpage at least fourteen (14) days prior to the Board Meeting to provide sufficient time for comment prior to the 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 THE NYCASE MEMBERS AND THE BOARD OF DIRECTORS __7/17/23______________________
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