3-NASDTEC Bylaws 2010-Final-Copy

3-NASDTEC Bylaws 2010-Final-Copy

Effective Rev:

BYLAWSOFTHENATIONALASSOCIATIONOFSTATEDIRECTORSOFTEACHEREDUCATIONANDCERTIFICATION(NASDTEC)

ARTICLEI

MISSIONSTATEMENT

NASDTECisdedicatedtoprovidingleadershipandsupporttothoseresponsibleforthepreparation,certificationorlicensure,ethicalandprofessionalpractice,andcontinuingprofessionaldevelopmentofeducators.

ARTICLEII

REGIONS

A. Membership is divided among four regions: Northeast, Central, Southern and Western.

B. Members are assigned to regions by the Executive Board in consultation with the affectedmembers.

C. When a jurisdiction is accepted as a new Member Jurisdictionof NASDTEC, the Executive Directorassigns the member to a region after consulting with the member. The assignment is subject toconfirmation by the Executive Board at its next scheduled meeting.

ARTICLEIII

RIGHTSANDBENEFITSOFMEMBERSHIP

A. Rights of Member Jurisdictions. Representatives of Member Jurisdictions in good standing have the following rights:

1. To attend and participate in NASDTEC sponsored meetings and events;

2. To appoint a voting designee entitled to cast the Member Jurisdiction’s vote;

3. To participate in the NASDTEC Educator Identification Clearinghouse;

4. To participate in the NASDTEC Interstate Agreement or its successor document;

5. To be listed in the NASDTEC Directory;

6. To accessall NASDTEC publications and sponsored websites;

7. To vote on committees to which a representative of the Member Jurisdiction has been appointed; and

8. To receive group rates through NASDTEC when available.

B. RightsofAssociateMembers.AssociateMembersin good standing havethefollowingrights:

1. To attend and participate, without vote, unless otherwise specified in these bylaws inNASDTEC sponsored meetings and events;

2. To be listed in the NASDTEC Directory;

3. To access all NASDTEC publications and sponsored websites, excluding the NASDTEC Educator Identification Clearinghouse; To access the NASDTEC Knowledgebase, the NASDTEC Directory NASDTEC sponsored events and the Communicator Newsletter;

4.To participate as a non-voting member, unless otherwise designated by the Executive Board, oncommittees to which they have been appointed; and

5. To receive group rates through NASDTEC when available.

C.RightsofHonoraryMembers.HonoraryMembershavethefollowingrights:

1. To participate, without vote, in NASDTEC meetings and events;

2. To participate without vote, as members of committees to which they have been appointed; and

3. To receive group rates through NASDTEC when available.

ARTICLEIV

FINANCIALMATTERS

A. Budget.

1.PreparationandApproval.

a.Prior to NASDTEC’s AnnualBusiness Meetingeachodd-numberedcalendaryear,theExecutive Board determinesthegoalsandprioritiesfor thefollowingtwo-yearbudgetperiod.

b. The Executive Board shall submit the proposed goals and priorities for consideration and ratification by the membership at the Annual Business Meeting preceding the next budget cycle.

c. FollowingtheAnnualBusiness Meeting,theExecutiveDirectorpreparesaproposedbudgettoimplementthegoalsandprioritiesratified duringtheAnnualBusiness Meeting and presents the proposal totheExecutiveBoardprior to October 31 of odd-numbered yearsforreview,modificationandapproval. asapreliminarybudget.

d. The approved budget shall take effect on July 1 of every even-numbered year. Upon approval by the Executive Board, the preliminary budget is sent to the Member Jurisdictionsand addressed in the business meeting held as part of each regional meetingduring the first quarter of the calendar year. The preliminary budget shall be sent to themembership not less than fifteen days before the regional meeting in which the budget is to beaddressed.

e. By March 15th of every even numbered yeartheMember Jurisdictions shall voteto accept the proposed budget. Ifapprovedby amajorityofthosevoting,thebudgetshall take effectonJuly1 of every even numbered year.

f. Ifamajorityofthosevotingrejectthepreliminarybudget,theExecutiveDirector,inconsultationwiththeExecutiveBoard,preparesanewproposalwhichissenttotheMember Jurisdictions for a vote. Should the preliminary budget again be rejected, the procedure for preparationandapprovalofapreliminarybudgetisrepeateduntilabudgetisapproved.

e.g. Ifapprovalby the Executive Board doesnotoccuruntilafterthedateonwhichthenewbudgetwastotakeeffect,thepriorapprovedbudgetcontinuesineffectuntilanewbudgetisadopted.

2.ModificationofanApprovedBudget.

The Executive Board may amend an adopted budget if it is necessary to accommodate unforeseen expenditures or opportunities.

B.DuesandFees.

1.Dues.

Theannualduesshallbeapprovedaspartofthebudget.Anychangeinduesshalltakeeffectatthestartofthesecondfiscalyearofabudgetcycleandshallremainineffectthroughthefirstfiscalyearofthesubsequentbudgetcycle.To maintaingood standing and the rights attendant to membership as detailed in Article III, Section A,aMember Jurisdiction mustpayduespriortoSeptember1ofeachyear.Membershiprights shall be reinstated immediately upon full payment of any outstanding dues.ExceptinthecaseoffirstyearduesfornewmembersjoiningNASDTEC,Dduesshall notbeadjustedforpartial-yearmembership.

2.Fees.

FeesforNASDTECsponsored meetings, services and events aresetby theExecutiveDirectorwiththeapprovaloftheExecutiveBoard.

C. AdvancePayments.

AMemberJurisdiction oracommitteemayestablishanadvancepaymentaccountwithNASDTECfromwhichthatMemberJurisdiction’s orcommittee’scostsfor NASDTEC sponsored meetings, services or events arepaidattherequestoftheMember Jurisdictionorcommittee.Fundspaidintoan advancepaymentaccountareheldfortheexclusiveuseoftheMemberJurisdiction orcommitteeandmaynotbeusedforanyotherpurpose.A5%administrativefeemaybechargedagainstalldepositstoadvancepayment accountstocoveradministrativeandreportingcosts.

D.LoanstoNASDTEC.

Ifcashreceiptsanticipatedundertheapprovedbudgethavenotbeenreceivedintimeto meetexpenditurerequirements,theExecutiveDirectormayrequestauthorizationfromtheExecutiveBoardtoborrowsufficientfundstosatisfytheexpenditure.Aloanauthorizationmayonlybegrantedunderthissectionif theexpenditureisauthorizedundertheapprovedbudgetandtheloanamountcanreasonablyberepaidfromanticipatedbudgetrevenueswithintheperiodoftheapprovedbudget.

E. FinancialReview.

TheExecutiveBoardDirector shall ensure that monthly bookkeeping services are provided by a Certified Public Accountant.Each year, during its fall meeting, the Executive Director shall provide the Executive Board with a written report of an annual review conducted by thatanindependentCertified Public Accountant who is not associated with the monthly bookkeeping duties.auditorTheconductanannualreviewshall include a review ofreceipts, expenditures,liabilitiesandassets.,andshalladditionallyprovidethatnotlessthanonceeverythree fiscalyears,andalsoUpontheterminationofemploymentofanExecutiveDirector,anaccountingreview shallbe conductedwhichprovidesadditionalassurancethatthereceipts,expenditures,liabilitiesandassets areasrepresentedinthefinancialreport.

ARTICLEV

COMMITTEES

A.StandingCommittees.

1.CreationandTermination.AstandingcommitteemayonlybecreatedorterminatedthroughamendmentoftheseBylaws.

2.Membership.

a. Number and Types of Members. A standing committee consists of no less than one Member Jurisdiction representative from each region, each of whom has one vote. Additional members may be appointed to a committee as non-voting members as appropriate to provide additional expertise or viewpoints. Non-voting members need not represent or be members of NASDTEC.

b. Appointment. Regional representatives are appointed during the Annual Business Meeting by theirrespective Regional Directors; non-voting members are appointed as necessary by the chair ofthe standing committee.with the approval of the committee and the President.

c. Term of Office. Member Jurisdiction representatives serve terms of two years, beginning with the appointment to the committeeat the close of theAnnual Business Meeting during which the appointment is made. Non-voting members are appointedfor a specific term, not to exceed two years. CommitteeMmembersmay bereappointed, but may not serve more than six consecutive years unless otherwise authorized by the Executive Board.

d. Chair. A standing committee chair is appointed by the President and confirmed by the Executive Board at its next meeting from among the Member Jurisdiction representatives of the committee.

3.CurrentlyAuthorizedStandingCommitteesandDuties.

a.InterstateCertificationCommittee.TheInterstateCertificationCommitteeisresponsibleforthedevelopmentofpolicyproposalsrelatingtotheInterstateAgreementoranysuccessordocument,thedevelopmentof modelpractices,rulesandlawsrelatingtocertificationandlicensureofeducators,andotheractivitiesrelatingtothesuccessfulimplementationoftheInterstateAgreementoranysuccessordocumentamongthevariousmemberjurisdictions.

b a.ProfessionalPracticesCommittee.TheProfessionalPracticesCommitteeisresponsibleforthedevelopmentofpolicyproposalsrelatingtothegovernanceandoperationoftheNASDTECEducatorIdentificationClearinghouse,thedevelopmentof modelrulesandlawsrelatingtoprofessionalpractices,andotheractivities,includingtheProfessionalPracticesInstitute,relatingtotheimprovementofprofessionalpracticesamongthevariousNASDTECMemberJurisdictions.

c.ProfessionalPreparationandContinuingDevelopmentEducationCommittee.TheProfessionalPreparationandContinuingDevelopment EducationCommitteeisresponsibleforthedevelopment,review, acquisitionfromotherprofessionalorganizations,anddisseminationofNASDTEC instructional products,informationandpolicyproposalsrelatingtothepreparationofeducatorsandtheprofessionaldevelopmentofeducatorsandMember Jurisdiction staff.The committee shall work with the Executive Director to negotiate with vendors and provide recommendations to the Executive Board regarding fees and costs related to all NASDTEC instructional resources.

d.TechnologyCommittee.TheTechnologyCommitteeisresponsibletooverseetechnologicalnecessitiesandadvancesastheyimpactthemissionofNASDTECgenerallyandotherstandingcommitteesspecificallyandtoadviseaccordingly.

B.AdHocSpecial Committees

Special Adhoccommitteesareappointed by the president createdby theExecutiveBoardtoserveforaspecifiedperiodoftimewithaspecificwrittencharge.Thecommitteeshouldconsistofnoless thanonememberfromeachNASDTECregion,withsuchadditionalnon-votingmembersasnecessary.Thechairofanadhoca special committee is appointed bythePresident. The committee chair, in consultation with the Executive Director, will select members of each special committee.with confirmation of the Executive Board from amongthevoting membersofthe committee. Forthelimitedpurposeof membershipontheExecutiveBoard,specialcommitteesmay,atthediscretionoftheExecutive Board,beaffordedthesameparticipationrightsasastandingcommittee.Themission,composition, appointment, votingrights, terms of officeandthedurationofthespecialcommittees,aswellasitsrightof membershiponthe ExecutiveBoard,willbesetforthintheresolution creating the special committee.

C.SpecialCommittees.

ByresolutionoftheExecutiveBoard,aspecialcommitteemaybecreatedby theExecutiveBoardtofurthertheuniqueinterestsorneedsofsomeorallofthe Member Jurisdictions or Associate Membersgenerallythatarenototherwiseaddressedby standingoradhoccommittees.ForthelimitedpurposeofmembershipontheExecutiveBoard,specialcommitteesmay,atthediscretionoftheExecutiveBoard,beaffordedthesameparticipationrightsasastandingcommittee.Themission,composition,appointment, votingrights, terms of office andthedurationofthespecialcommittees,aswellasitsrightof membershipontheExecutiveBoard,willbesetforthintheresolution creating the special committee.

ARTICLEVI

MEETINGS

A. MeetingLocations.

1. As provided in the Constitution, the Executive Director is responsible, in consultation with theExecutive Board and persons designated to host, plan or direct a given meeting, for site selectionand related matters.

2. The location of the Annual Business Meeting rotates among the various regions according to thefollowing rotation: Northeast, Southern, Central, and Western.

B. MeetingNotices.

1.NoticeandtheagendaofanAnnualBusiness Meeting,a standingcommitteemeeting,an adhoccommitteemeeting,a specialcommitteemeeting,a conferenceoran ExecutiveBoardmeetingshallbemade availableto all Member Jurisdictions, AssociateMembersandallcommitteemembersin advanceofthemeeting.

2.Noticeandtheagendaofaregionalmeetingshallbeavailableto all Member Jurisdictions oftheNASDTEC region,allAssociateMembersoftheNASDTECregion,andtheExecutiveBoardinadvanceofthemeeting.

C.Agendas.TheagendaoftheAnnualBusiness Meetingshallincludethefollowing:

1.Annual Reports from the President, Executive Director, committees and Regional Directors;

2. Goals, priorities and other matters of significance to the membership;

3. Presentation and discussion of the budget;

4. Election of officers;

5. An opportunity for members to address issues of concern in an open forum; and

6. Concurrent regional meetings.

ARTICLEVII

VOTINGRIGHTSANDPROCEDURES

A.WhoMayVote.

Only Member Jurisdictions in good standing are entitled to vote. EachMember Jurisdiction is entitled to one vote. A person designated to serve as a voting designee of aMember Jurisdiction must be an employee of that Member Jurisdiction while the designationremains in force. In order to cast a vote, a Member Jurisdiction shall notify the Executive Director in writing prior to any vote who is its voting designee.

B.RulesofProcedure.

Except as otherwise provided in the Constitution or these Bylaws, all meetings and voting shall begoverned by Robert's Rules of Order.

C.Voting Methodology.

TheExecutiveDirectorshall provide timely notice to the Member Jurisdiction of any projected vote, including the subject matter, the voting timetable and the voting methodology and shall certifytheresultsof the vote to the Member Jurisdictions.

D. VotinginMeetingsoftheExecutiveBoardandStandingCommittees.

1. Executive Board. Only those identified in the Constitution as voting members of the Executive Boardthe President, Vice President, Regional Directors and standing committee chairs may voteduring meetings of the Executive Board. Proxy voting is not permitted. All votes shall be recorded by name in the minutes for all formal motions and final actions.

2. Standing Committees. Only the designated representatives of the Member Jurisdictionsof standing committees may vote in a standing committee. All votes shall be recorded by name in the minutes for allformal motions and final actions.

ARTICLEVIII

OPEN MEETINGS AND RECORDS

A.Meetings

Allmeetingsoftheassociationareopentothepublic,providedanyrequiredadmissionfeeshavebeenpaid.Aclosedmeetingmayonlybehelduponmajorityvoteofthosepresentandvoting.Amotiontoclosethemeetingshallincludethepurposeforsoclosing.Aclosedmeetingshallbeforthepurposesofdiscussingthecharacterorcompetenceofanindividual,litigationstrategy,confidentialmattersrelatingtotheClearinghouseornegotiations.NoactionbindinguponNASDTECoritsmembersmaybetakenduringaclosedmeeting.Additionally,noactionmaybetakenonanyitemwhichhasnotbeenidentifiedonapublishedagendainaccordancewithArticleVI,SectionBofthese Bylaws.

B. Records

RecordsoftheassociationaresubjecttoinspectionbyauthorizedrepresentativesofMember Jurisdictions ofNASDTEC.OriginalcopiesofrecordsmayonlybeinspectedinthepresenceoftheExecutiveDirectorortheExecutiveDirector'sdesignee,andallcostsinexcessoftendollarsthat areincidenttotheinspectionshallbeborneby thememberconductingtheinspectionunlesswaivedbytheExecutiveBoard.Theterm“recordoftheassociation”shallnotincludedocumentsrepresentingworksinprocessotherthandraftminutesorotherprivilegeddocuments.

ARTICLEIX

ELECTIONS

A.Candidacy.

TheExecutiveDirectornotifiestheMember Jurisdictionsofanaffectedregionatleast eightmonthspriortotheexpirationofthetermofaVicePresidentorRegionalDirector.Thenoticeshall includeinformationconcerningthedateforelectionandeligibilityrulesrelatingtotheposition.

1.RegionalDirector.CandidatesforthepositionofRegionalDirectorarenominatedby writingreceivedby theExecutiveDirectoratleasttwoweekspriortotheAnnualBusiness MeetingorfromthefloorduringtheregionalmeetingheldaspartoftheAnnualBusiness Meeting.TheRegionalDirectoriselectedduringtheregionalmeeting.

2.VicePresident.ThepositionofVicePresidentrotatesamongthevariousregionsaccordingtothefollowingrotation:Northeast,Southern,CentralandWestern.AcandidatefortheofficeofVicePresidentischosenduringtheregionalmeetingoftheaffectedregionheldin conjunction with theAnnualBusiness Meeting.AdditionalcandidatesfromthatregionmaybenominatedfromthefloorbyanyMemberJurisdiction duringtheNASDTECAnnual Business Meeting.

B.PrimaryElection.

IfmorethantwocandidatesarenominatedforthepositionofVicePresident,aprimaryelectionisheld in a manner prescribed by the Executive Board.Thetwopersonsreceivingthegreatestnumberofvotesarethendeclaredtobecandidatesforthefinalelection.

C.FinalElection.

If there is more than one candidate for Vice President for the final election, theVicePresidentialcandidatesmaypresenttheirviewsandrespondtoquestionsfromthemembership at the Annual Business Meeting prior to the final election.Thefinalelectionisheldin a manner prescribed by the Executive Board.Thewinneristhepersonreceivingamajorityofthevotesofthevotingrepresentativesof the Member Jurisdictions in good standing casting votes at the Annual Business Meeting and shall be announcedpriortotheendoftheAnnualBusiness Meeting.

ARTICLEX

MISCELLANEOUS

A.SelectionofHonoraryMembers.

ApersonmaybenominatedfordesignationasanhonorarymemberofNASDTECby aregionorbytheExecutiveBoard.Thenominationisdeterminedbyamajorityvoteofthosepresentandvotingduringameetingofthenominatingbody.ThenominationisgiventotheExecutiveDirector,whocontactsthenomineetodeterminewhetherthedesignationwouldbeaccepted.Ifaccepted,theawardofhonorarymembershipisannouncedduringtheAnnualBusiness Meeting.

B.ParticipationintheNASDTECEducatorIdentificationClearinghouse.

EachMemberJurisdiction in good standing isentitledtoparticipateintheClearinghouseunderthefollowingconditions:

1. The Member Jurisdiction shall designate a person who shall be responsible for its Clearinghouse operations;

2. The Member Jurisdiction shall sign the Educator Identification Clearinghouse Agreement;

3. The Member Jurisdiction shall provide prompt notice of all final adverse public actions concerning the certificationor licensure of individuals. The term “final adverse public action” shall include but not be limited todenials, revocations, suspensions, reinstatements, reprimands or reprovals, surrenders or lapses of a certificate orlicense in the face of charges which could have resulted in an adverse action being takenagainst the certificate or license; and

4. The Member Jurisdiction may respond to official queries regarding whether specific individuals are listed onClearinghouse records, but may not release any form of the database itself, in whole orsignificant part, to any person who is not an employee and authorized representative of aMemberJurisdiction.

5. The Executive Board reserves the right to withdraw an individual’s and/or an organization’s access to the Clearinghouse.

C.ParticipationintheNASDTECInterstateAgreement.

EachMemberJurisdiction ofNASDTECin good standing mayparticipateintheNASDTECInterstateAgreementoranysuccessordocumentunderthefollowingconditions:

1. The Member Jurisdiction shall designate a person who shall be responsible for the Interstate Agreement or anysuccessor document operations;

2. The Member Jurisdiction shall sign the Interstate Agreement or any successor document; and

3. The Member Jurisdiction shall provide information to the Executive Director in a timely manner concerningany changes to its jurisdictional specific requirements or other information necessary to achievethe purpose and assumptions of the Interstate Agreement or any successor document.

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