NYCASE: new york's Council of Administrators of Special Education

NYCASE: new york's Council of Administrators of Special Education

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INEW YORK STATE CASE CONSTITUTION

 

 

INATIONAL CASE CONSTITUTION

 

 

NATIONAL CASE CONSTITUTION AND BYLAWS

   Article I
   

   Section 1. Name

 

 

 

 

 

 

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    The name of this organization shall be the Council for Administrators of Special
    Education, Inc., hereafter referred to as CASE.
   

    Section 2. Affiliation
   

    The CASE shall be affiliated as a division with the Council for Exceptional Children.
   

    Article II
   

    Section 1. Purpose
   

    The CASE is organized to promote professional leadership, to provide opportunity for study of
    problems common to its members, and to communicate through discussion and publications,
    information that will develop improved services for exceptional children.
   

    Article III
   

    Section 1. Active Membership
   

    Active Membership is open to current members of the Council for Exceptional Children (a) who
    administer, direct, supervise, and/ or coordinate a program, school, or classes of special education
    for exceptional children in one or more categories as a major responsibility, (b) who are former
    administrators of special education currently employed full-time in another capacity, or (c) who are
    college faculty whose major responsibility is the professional preparation of administrators of
    special education. Active membership entities the member to attend all meetings of the division, to
    vote on all questions presented to the membership, to hold office, and to serve as a committee
    member or chair.
   

    Section 2. Associate Membership
   

    Associate Membership is open to members of the Council for Exceptional Children who are
    interested in the administration of programs or services for exceptional children, but who are not
    eligible for Active Membership. Associate members may enjoy all privileges of Active
    Membership except that of voting, holding office, or serving as a committee chair.
   

    Section 3. Student Membership

    Student Membership is open to members of the Council for Exceptional Children who are in
    attendance during the academic year at an accredited college or university, who are enrolled in a
    graduate program for preparation of administrators of special education, and who are not engaged
    in full-time employment. Student membership entitles the member to all privileges of Active
    Membership.
   

    Section 4. Retired Membership
   

    Retired Membership shall be available to a person who has retired from his/her full-time
    professional responsibilities. Retired members may enjoy all privileges of Active Membership
    except that of holding office unless the person had been elected prior to the changing of status
    from Active to Retired. A person who has served as President of CASE shall be awarded a
    Retired Membership for life upon retirement from full-time professional responsibilities.
   

    Section 5. Membership Year
   

    The CASE membership year shall coincide with the CEC membership year.
   

    Section 6. Divisions
   

    State, multi-state, provincial, multi-provincial, national or territorial CASE federationlevel
    divisions may be organized following the conditions approved by the Board of Directors and
    published in the CASE Policy Manual,
   

    Section 7. Subdivisions
   

    National CASE organizations may be organized provided the conditions of Section 6 of the
    Article are met. In the instance of approval of national CASE organization, approval of the
    respective national Council for Exceptional Children unit is required if one exists.
   

                              Article IV
   

    Section 1. Dues
   

    The Executive Committee shall recommend the amount of dues. The amount shall be submitted
    and discussed at the Annual Meeting of the Membership. The amount shall be subject to approval
    of the CASE Board of Directors by a majority vote at the following fall meeting of the CASE
    Board of Directors. The CASE Executive Committee shall be required to provide all members of
    the CASE Board of Directors with the amount of dues and the rationale for the amount of dues no
    more than 30 days following the spring Annual Meeting of the Membership. The representative of
    each official ly-recognized unit of CASE shall be responsible for dissemination of dues information
    to the unit members so as to secure the position of the unit members on the proposed dues. Dues
    are payable at the time CEC dues are paid.

    Section 2. Active and Associate Members
   

    Active and Associate members shall be subject to the regular rate established for payment of dues.
    Student and Retired members shall be subject to a rate one-half that established for Active
    members. A Past-President of CASE who is retired from full-time professional responsibilities is
    eligible for a Retired Membership for life and is exempt from paying dues.
   

    Article V
   

    Section 1. Conditions of Holding an Office
   

    The Conditions of holding an Office in CASE are as follows:
   

    1.1  Council officers must be members in good standing of both CASE and CEC at the
   

         time of election and throughout the term of office.
   

    1.2  Candidates for Council office must be individuals who meet condition 1. 1 above
   

         and who are active or student members of CASE. Should any officer not fulfill
         the functions of said office, the following recall procedure will be implemented:
   

    1.2.1Any member of the Executive Committee may be removed from office with
              notice for cause, by two thirds vote of the Board of Directors.
   

    Section 2. Officers
   

    The officers of CASE shall be as follows: President, President-Elect (who serves as
    VicePresident), Secretary, Treasurer, CASE Governor to CEC and immediate Past-President.
   

    Section 3. Terms of Office
   

    The President, President-Elect, Immediate Past-President, Secretary, and Treasurer shall each
    serve a two (2) year term. The President-Elect and the Treasurer shall be elected in even-
    numbered years and the Secretary shall be elected in odd-numbered years. The Governor to
    CEC shall serve for three (3) years, elected in 1997, 2000, 2003 and each such interim
    thereafter. All elected officers shall begin their duties with the new fiscal year which is July I to
    June 30.
   

    Section 4. Successive Terms
   

    No officer shall be elected to the same office for more than two (2) successive terms.
   

    Section 5. Vacancy of the Office of President
   

    In case of vacancy occurring in the office of President, the President-Elect shall assume the
    office of President. In case of vacancy occurring in the office of President-Elect, or in
    the event that he/she succeeds the President for any reason, the office of President-Elect shall
    remain vacant until the next annual business meeting of CASE. During the interim, however, the
    President shall recommend for approval by the Executive Committee a temporary replacement to
    serve until the next opportunity for election of a replacement to complete the unexpired term.
   

    Section 6. Vacancy of Other Offices
   

    In the case of vacancy occurring in the office of Secretary or Treasurer, the President shall
    recommend for approval by the Executive Committee a temporary replacement to serve until the
    next opportunity for election of a replacement to complete the unexpired term. In case of vacancy
    occurring in the office of Representative of CASE Units, the President shall recommend for
    approval by the Executive Committee a temporary replacement to serve until the next opportunity
    for the representatives of CASE federation-level divisions to meet and elect their Representative.
    In case of a vacancy in the position of Governor to CEC the President shall recommend for
    approval by the Executive Committee a temporary replacement to serve until the next regularly
    scheduled election for that office.
   

    Section 7. Duties of the President
   

    The President shall preside at the annual business meeting of CASE and at meetings of the
    Executive Committee and the Board of Directors. He/She shall recommend all standing and
    special committee chairs, except those specifically provided for in this document or in the CASE
    Policy Manual subject to approval by the Executive Committee, and shall be ex-officio member
    of all committees with the exception of the Nominations and Elections Committee. This officer
    shall act for CASE between annual meetings, clearing important actions whenever necessary,
    with the Executive Committee
   

    The President, or such alternate as he/she may designate, shall represent CASE at
    meetings of other groups where CASE representation is desired or required, The President
    shall appoint a parliamentarian to serve at all business meetings of CASE. He/She shall
    accede to the office of Immediate Past-President from the position of President.
   

    Section 8. Duties of the President-Elect
   

    The President-Elect shall serve in the event of resignation or absence of the President. He/She
    shall serve as CASE representative to the CEC Convention Program Advisory Committee, select
    and schedule C4SE professional sessions during the annual CEC convention and be
    responsible for, in conjunction with the Membership Committee, all other CASE events and
    activities during the annual CEC convention The PresidentElect shall have the option of
    appointing Ad Hoc committees, as needed He/she shall advise the Secretary relative to the
    Constitution and By-Laws and CASE Policy Manual and have such other responsibilities as
    designated by the President. He/She shall accede to the office of President from the office of
    President-Elect.
   

    4
  

    Section 9. Duties of the Secretary
   

    The Secretary shall keep accurate minutes of all meetings of CASE and of all meetings of the
    Executive Committee. He/She shall carry on correspondence as necessary in regard to matters
    delegated by the President and shall elicit, present, and record proposals for establishing or
    revising the CASE Articles of Incorporation, CASE Constitution and By-Laws, CASE
    policies, and the CASE Policy Manual. The Secretary shall coordinate, maintain, and
    disseminate amendments to and an updated copy of the Articles of Incorporation and CASE
    Constitution and By-Laws. The Secretary shall have the option of appointing Ad Hoc
    committees as needed
   

    Section 10. Duties of the Treasurer
   

    The Treasurer shall receive and disburse, upon proper authorization, all funds of CASE. He/She
    shall keep an accurate record of receipts and expenditures and present a report at each annual
    meeting. He/She shall be responsible for submitting tax reports for CASE. The records of the
    Treasurer (and any other CASE accounts) shall be audited/ reviewed annually by a party or
    agency approved by the President and independent of the CASE Executive Committee. The
    Treasurer shall draw up a proposed budget for the forthcoming year and following approval by
    the Executive Committee submit it at the annual business meeting. The Treasurer shall serve as
    the chair of the Finance Committee.
   

    Section 11. Duties of the CASE Governor to CEC
   

    The Governor to CEC shall represent CASE at all required meetings called by the Council for
    Exceptional Children. He/She shall report to the President of CASE and shall submit reports at all
    meetings of the Executive Committee, Board of Directors and at annual meetings. He/She shall
    chair the CASE Delegates to the CEC Delegate Assembly.
   

    Section 12. Duties of the Immediate Past-President
   

    The Immediate Past-President shall be responsible for; conducting nominations and
    elections, preparing and submitting resolutions, and recognizing deceased members of
    CASE. In the event the most recent previous CASE President cannot serve, the President shall
    appoint the next most recent previous CASE President whose services are available. The
    Immediate Past-President shall have the option of appointing Ad Hoc committees as needed
   

    Article VI
   

    Section 1. Meetings
   
    CASE shall meet annually at the time of the conf of the Council for Exceptional Children. Changes
    in time or place of the meeting shall be made upon recommendation of the Executive Committee
    with approval of the membership.
   

    Section 2. Other Meetings
   

    Other meetings are held through, state, multi-state, provincial, multi-provincial, national
   

    or territorial CASE subdivisions where such CASE units are established.   
   

    Section 3. Meeting Attendees
   

    Attendance at business meetings is restricted to members in good St ding,
    associate, student, retired, and retired life.
  

                              Article VII
   

    Section 1. Board of Directors
   

    The Board of Directors includes the members of the Executive Committee and the
    representatives of each officially recognized unit of CASE. Standing and special committee
    activities will be reviewed by the Board of Directors, and expressed needs for future activities
    will be considered at such meetings, The Board of Directors will meet prior to the annual business
    meeting of CASE and at such other times as deemed necessary. The Board of Directors shall
    approve CASE procedures for forming subdivisions and for election of a Representative of CASE
    Units to the CASE Executive Committee. It shall be the approval body for content of the CASE
    Policy Manual and dues changes. Voting privileges are reserved for the members of the
    Executive Committee, (excluding the Executive Director) and the representatives of each
    officially recognized unit of CASE present at the time a vote is taken. Each member of the Board
    of Directors has one (1) vote.
   

    Section 2. Executive Committee
   

    The Executive Committee shall be composed of the elected officers of CASE, the Representative
    of CASE Units, the Canadian Representative, the Research Liaison, the Journal Editor, the
    appointed Chairs of standing committees, and the Executive Director. Voting privileges are
    reserved for the President, President-Elect, Immediate PastPresident, Secretary, Treasurer, CASE
    Governor to CEC, Representative of CASE Units, and Canadian Representative.
   

    The Executive Committee shall meet prior to the annual business meeting of CASE and at such
    times as deemed necessary. It shall serve as advisor to the President and shall approve
    appointment of chairs of standing and special committees. It shall approve an annual budget. It
    shall approve appointments, as recommended by the President, of an
        officer pro tem to fill a vacancy. It shall act upon matters of business, which may arise
    between annual business meetings of CASE. It shall be responsible to develop and
    publish a CASE Constitution/Policy Manual which contains the processes and procedures as set
    forth by the policies established in this document and by other actions of CASE and of the
    Executive Committee and the Board of Directors of CASE.
   

    Section 3. Executive Director
   

    The Executive Committee shall appoint the Executive Director of CASE. The procedures for
    selection and duties of the Executive Director shall be published in the CASE policy Manual.
   

    Section 4. Canadian Representative
   

    The Canadian Representative shall be elected following procedures developed by CASE
    members in Canada and published in the CASE Policy Manual, with terms of office not to
    exceed three (3) years. No Canadian Representative shall be elected to that office for more than
    two (2) successive terms. If no member is elected to take office by July I of the years 1998,
    2001, 2004 and each such interim thereafter the CASE President shall appoint a Canadian
    Representative to serve until an election is held.
   

    Section 5. Representative of CASE Units
   

    The Representative of CASE Units shall be selected by the process approved by the Board of
    Directors and published in the CASE Policy Manual. Nominees for the office shall be Vi ce-Presi
    dents, Presidents-Elect, Presidents or Past-Presidents of CASE subdivisions at the time of
    nomination and election. The elected representative shall serve the term of three (3) years,
    beginning July I of 1997, 2000, 2003 and each such interim thereafter. A Representative of CASE
    Units who has served a full term shall not be eligible to succeed himself/herself However, such
    person shall be eligible for re-election to the same office after a lapse of one (1) term.
   

    Section 6. Research Liaison
   

    The Research Liaison, a member of CASE, shall be a non-voting member of the
    Executive Committee appointed by the President and approved by the Executive
    Committee shall identify, record and/or conduct research consistent with the interests
    of the membership and the Executive Committee. The Research Liaison shall provide
    information regarding current research and knowledge to the membership and
    Executive Committee. The Research Liaison shall work with the Executive
    Committee, the Publications and Product Review Committee, and the Journal Editor
    in determining research and knowledge to be disseminated to the membership, and
    shall recommend publications of research reports or other materials generated or
    identified through its efforts. The Research Liaison shall have the option to appoint
    Ad Hoc committees as needed.
   

    Section 7. Journal Editor
   

    The Journal Editor, a member of CASE, shall be a non-voting member of the
    Executive Committee appointed by the President and approved by the Executive
    Committee. He/she shall be responsible for the CASE Journal. The Journal Editor
    shall establish a review board composed of academics and practitioners in the field and
    shall work in collaboration with the Publications and Product Review Committee.
   

                             Article VIII
   

    Section 1. Standing Committees
   

    The standing committees shall be as follows: Finance Committee, Membership Committee,
    Policy and Legislation Committee, Professional Development Committee, and the Publications
    and Product Review Committee.
   

    1.1  The Finance Committee shall be chaired by the CASE Treasurer and shall have
            three (3) other members. The Finance Committee shall assist the Treasurer in the
         development of the CASE annual budget, the development of recommendations
         for new joint venture enterprises, review non-dues revenue producing proposals
         and development of recommendations for other revenue producing ventures for
         CASE.
       
    1.2  The Membership Committee shall be chaired by a member recommended by the
            President and approved by the Executive Committee. The committee shall have
         no less than five (5) other members. This committee shall provide
         recommendations to CASE pertaining to member recruitment, retention, and
         services.
   

1.3    The Policy and Legislation Committee shall be chaired by a member recommended
    by the President and approved by the Executive Committee. The committee shall have
    four (4) other members. The Executive Director, who serves as CASE Children's Action
    Network (CAN) representative to CEC, shall be an ad hoc member. This committee shall
    develop and recommend timely statements of CASE legislative and regulatory concerns,
    providing a framework within which CASE positions can evolve. This committee shall
    assist in identifying and collecting legislative and regulatory information for dissemination
    to members, and shall provide policy & legislation information relative to issues of concern
    to special education administrators.
   

1.4  The Professional Development Committee shall be chaired by a member
    recommended by the President and approved by the Executive Committee. This
    committee shall have five (5) other members one of whom will be the PresidentElect.
    The Professional Development Committee shall have the responsibility for ethics and
    standards development, for advising on convention and conference programs, and
    professional development activities.

1.5   The Publications and Product Review Committee shall be chaired by a member
         recommended by the President and approved by the Executive Committee. The
         committee shall have five (5) other members. The Publications and Product
         Review Committee Chair shall serve as consultant to the Executive Director for the
         CASE newsletter. This committee shall coordinate periodic and special CAS publications
         and shall recommend special and bonus publications for the member and shall develop
         and/or review all products considered by CASE for publication and/or sale.
   

    Section 2. Special and Ad Hoc Committees
   

    Special Committees shall be established as needed to formulate recommendations concerning
    topical issues not assigned to standing committees. Ad Hoc committees sha be established as
    needed to address short term activities or tasks.
   

    Section 3. Committee Chairs and Members
   

    Committee chairs shall be recommended by the President with the approval of the
     Executive Committee, unless otherwise specified in this document or the CASE Policy Manual.
    The committee Chairs, with the approval of the President, or unless otherwise specified in this
    document or the CASE Policy Manual, shall select committee members The President or his/her
    designee may specify members for committees.
   

                              Article IX
   

    Parliamentary Authority: The rules contained in Robert's Parliamentary La and the latest
    edition of Robert's Rules of Order, Revised, shall govern the Council of
    Administrators of Special Education, Inc., in all cases to which they are applicable, and in which
    they are not inconsistent with the articles of this Constitution.
   

    Article X
   

    Dissolution: Upon dissolution of CASE, the Executive Committee shall, after paying o making
    provision for the payment of all liabilities, dispose of all the assets exclusively for the purpose of
    CASE in such manner, or to such organizations, the purposes of whic are to serve the needs of
    exceptional children. Under no circumstances shall any of the property or assets be distributed to
    any officer, member, employee, or subsidiary of CASE. The Corporation shall not be operated
    for profit. It shall not carry on any other activities not permitted to be carried on (a) by a
    corporation exempt from federal incom tax under section 50 1 (c)(3) of the internal revenue
    code, or (b) by a corporation to whic contributions are deductible under section 170(c)(2) of the
    internal revenue code. If at any time the Corporation is deemed to be a private foundation as
    defined in section 509 of the internal revenue code the Corporation shall distribute its income and
    principal, if necessary, (but not to members), at such time and in such manner as not to subject
    the corporation to tax liability under section 494(a) of the internal revenue code, and the
    Corporation shall not engage in any act of self-dealing (as defined in section 4941(d) of  the  

  internal revenue code), retain any excess building business holdings (as defined in section
    4943(c) of the internal revenue code), make any investment that would jeopardize carrying out any

of its exempt purposes under section 4944 of the internal revenue code, or make any taxable
    expenditures (as defined in section 4945(d) of the internal revenue code).
   

                              Article XI
   

    Amendments: This Constitution may be amended by a two-thirds (2/3) vote of the members
    present at the annual business meeting, provided the membership has been notified at least thirty
    (30) days prior to the annual meeting of specific language proposed for revision.
   

    Amended by the Board of Directors and Membership
    April 9, 1997, Salt Lake City, Utah. April 15, 1998,
    Minneapolis, Minnesota
   
    10

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