CONSTITUTION

ASSOCIATION FOR EDUCATIONAL

ASSESSMENT IN EUROPE


ARTICLES OF ASSOCIATION

NAME, DURATION AND HEAD OFFICE

Article 1

1.  The association bears the name: "Association for Educational Assessment Europe".

2.  The Association has its registered office at Arnhem (The Netherlands).

3.  The duration of the Association will be indefinite.

OBJECTIVES

Article 2

The objectives of the Association are:

1.  to act as a European platform for discussion of developments in educational assessment, fostering co-operation and facilitating liaison between organisations and persons active in educational assessment across the whole of Europe. The Association defines educational assessment in its broadest sense that includes the academic, the professional and the vocational contexts and is equally concerned with both assessment processes and products.

The Association will strive to attain this object by:

·  improving communication among European organisations and institutions, interested in educational assessment through sharing of professional expertise, exchange of knowledge and collaboration between members through conferences and publications;

·  providing a framework within which co-operative research, development, implementation and evaluation of projects involving educational assessment can be undertaken;

·  fostering and enhancing collaborative networks and projects between organisations and individuals across the whole of Europe;

·  co-operating with other agencies having complementary interests; engaging in a range of activities that will lead to the improvement of assessment processes and products and their appropriate use by educational organisations, institutions, agencies and other Associations throughout Europe;

·  enhancing awareness of assessment processes and products in relation to their impact on learning and understanding.

everything in the broadest sense.

MEMBERSHIP

Article 3

1. The Association has three categories of members:

a.  Corporate members;

b.  Individual members;

c.  Student members

2. Corporate members shall be European organisations in which educational assessment is a primary function.

Individual members shall be individuals with a professional interest in educational assessment.

Student members shall be studying for a Phd in an assessment-related discipline.

3. Suitable academic and professional qualifications or experience in fields with relevance to educational assessment will be required of staff of member organisations and of individual members.

4. Applications for membership will be screened by the Council which may grant provisional membership. Permanent membership will be decided by the membership at the first full meeting following application.

Article 4

1. Membership shall terminate:

a.  on the death of an individual member;

b.  by termination by the member;

c.  by termination by the Association;

d.  by expulsion;

e.  on the closure or merger of a corporate member.

2. Membership may only be terminated by the member with effect from the end of a financial year, provided that notice of termination is given in writing before the end of that year. Nevertheless, membership may be terminated with immediate effect:

a.  if it cannot reasonably be demanded that the membership should be allowed to continue;

b.  within a month after a resolution limiting members’ rights or increasing their obligations has become known to or has been communicated to a member;

c.  within a month after a member has been informed of a resolution to convert the Association to a different legal form or a resolution for merger.

If insufficient notice of termination is given, the membership shall continue until the end of the next subsequent Association year, unless terminated by the Association.

3. Membership may also be terminated by the Association only with effect from the end of a financial year.

Membership is terminated by the Council in writing and with due observance of a period of at least four weeks notice. The Council may only terminate a membership if it cannot reasonably be demanded of the Association that the membership should be allowed to continue and specifically in the event that the annual contribution is not paid or not paid within a reasonable time to be set by the Council. If insufficient notice of termination is given, the membership shall continue until the end of the next subsequent Association year.

4. Expulsion is only possible where a member acts contrary to the constitution, rules or resolutions of the Association, as for instance in the event that the member harms the Association in an unreasonable manner. Expulsion is carried out by the Council, which shall inform the member in question of the resolution as quickly as possible, stating the reasons for the expulsion. The person concerned has the right to lodge an appeal with the General Assembly within one month of receipt of the notification. The member shall be suspended during the appeal period and while the appeal is pending. The General Assembly may only resolve on a member’s expulsion by a resolution to that effect, adopted with a majority of at least two-thirds of the votes cast.

5. Where membership ends in the course of an Association year, the member shall nevertheless still pay the full annual contribution.The Council may suspend a member who acts contrary to the constitution, rules or resolutions of the Association or who harms the Association in an unreasonable manner for a period to be determined by the Council up to a maximum of six (6) months. An appeal against such suspension may be made to the General Assembly. The provisions on appeal in paragraph 4 apply accordingly.

FUNDS

Article 5

1.  The Association's funds consist of the annual contributions from the members and from any donors, testamentary dispositions, legacies, gifts and other income.

2.  Every member shall pay an annual contribution, the amount of which shall be determined by the General Assembly.

3.  Members who fail to pay membership fees shall have their membership terminated by the Council, after due notice has been given.

ORGANISATIONAL BODIES

Article 6

a.  Council;

b.  AEA Administrator

c.  General Assembly.

COUNCIL

Appointment and discharge

Article 7

1.  The Council consists of seven persons: one President, one Vice President, one Executive Secretary and oneTreasurer (The Officers) and three other members (Non-Officers).The Executive Secretary and the Treasurer shall be from the corporate membership. All members of the Council shall be named individuals. Posts cannot be held by organisations.

2.  The members of the Council shall be elected from the members and appointed by the General Assembly. They will take office as soon as all the votes have been counted, as an acting member of the Council. All Council memberships must be ratified at the following meeting of the General Assembly.

3.  Given the international nature of the Association, the Council shall, whenever possible, be representative of the various geographic areas of Europe.

4.  Two members of the Council shall be elected by correspondence by the official representatives of the corporate membership who cast their votes within the stipulated period. These will be the Treasurer and Executive Secretary, elected separately for the designated post.

5.  The President and Vice President (President Elect), shall be elected by correspondence of the individual members and corporate members who cast their votes within the stipulated period. Each member shall have one vote.

6.  The Vice President (President Elect) will serve one term in that position and subsequently one term as President.

7.  The Treasurer and Executive Secretary will serve terms of office of four years. There is no limit to the number of terms that they can hold. A proposal to serve for a second term will be ratified by the General Assembly at the end of the first term. After the end of two terms of office, invitations for nominations for the posts will be sent out at the end of each subsequent term. If alternative nominations are received then an election will take place.

8.  Three members of the Council shall be open members and shall be elected by correspondence of the individual members and corporate members who cast their votes within the stipulated period. Each member shall have one vote.

9.  Each of the Officers will serve a two (2) year term. The President and Vice President may serve a maximum of two consecutive terms (in total four years maximum) one term as Vice President and one term as President.

10.  The Non-Officers shall serve for a four (4) year term. They may serve a maximum of two consecutive terms (in total eight years maximum).

11.  Council members may be suspended or removed by the General Assembly at any time; the reasons for doing so shall be stated. The General Assembly adopts resolutions on suspension or removal by a majority of two-thirds of the votes cast.

12.  If a Council member is suspended, the suspension shall terminate after three months unless within that period the General Assembly adopts a resolution to remove him. The suspended Council member shall be given the opportunity to put his case to the General Assembly and may be assisted by a legal advisor in doing so.

13.  Existing vacancies shall be filled as soon as possible, on an acting basis as described in paragraph 2 above. An incomplete Council still has executive power.

14.  In the event of the resignation, incapacity or death of the President, the office shall be taken over by the Vice President. An election will be held to fill the vacancy of Vice President on an acting basis and the appointment of both offices will be ratified at the next meeting of the General Assembly.

15.  In the event of the resignation, incapacity or death of any member of the Council an election shall take place as soon as possible. The appointment will be made on an acting basis and the decision ratified at the next meeting of the General Assembly.

MEETINGS OF THE COUNCIL

Article 8

1.  The President shall preside over all meetings.

2.  Official meetings of the Council may be held only with a quorum of four members, including two Officers present.

3.  All items on the agenda of the Council meetings shall be decided by a voting majority.

4.  Where the number of votes, for and against a course of action is the same, the President shall have the casting vote.

5.  Meetings of the Council will be held as determined to be necessary either by the President or by three other members of the Council.

Article 9

Duties and responsibilities of the Council

1.  The Council is charged with the management of the Association. The Council may delegate duties and powers to an executive committee, subject to revocation.

2.  Members of the Council shall act in the best interest of the Association as a whole, and not as delegates or representatives of any particular membership group.

3.  Subject to the provisions of paragraph 2 of the present article, the Council is also authorized to decide to enter into agreements for the purchase, sale or encumbrance of registered property, and also to enter into agreements by which the Association commits itself as a surety or joint and several debtor, warrants performance by a third party, or commits itself to provide security for the debt of a third party.

4. The Council requires the General Assembly's approval for decisions to enter into agreements of the kind described in paragraph 3 above. Without such approval, the Association cannot be legally represented in respect of these legal transactions.

5. The General Assembly shall determine annually in a resolution what legal transactions require advance approval from the General Assembly in this manner. In any event, the Council shall require the General Assembly's approval for legal transactions involving values in excess of fifteen thousand Euros (€15,000). The absence of such approval may not be invoked against third parties.

6. It shall be incumbent upon the Council to:

a.  call special or extraordinary General Assemblies;

b.  comply with and enforce compliance with, the Constitution and Bylaws of the Association and any decision taken by General Assemblies;

c.  administrate all the Association's assets and ensure their development;

d.  plan and organise all activities entailed under the terms of this Constitution;

e.  dispatch invitations;

f.  provide General Assemblies with all necessary information and ensure their access to the files of the Treasury and Secretariat;

g.  authorise extraordinary expenditure.

h.  appoint a Nominating Committee to nominate members of the Council itself, or of other Committees which may be deemed necessary;

i.  approve provisional admission of new members, to be ratified by the General Assembly;

j.  authorise the acquisition of the fixed assets required for the Association’s development, as well as any financing for this purpose, ad referendum by the General Assembly; such in compliance with the paragraphs 2, 3 and 4 of this article.

7. It shall be incumbent upon the President to:

a.  represent the Association before the law, actively or passively, and in general, in all relations with third parties;

b.  call and preside meetings of the Council;

c.  call and preside meetings of the General Assembly;

d.  call and preside over special assemblies;

e.  resolve cases which require a rapid decision and inform the Council of the decision taken at the first subsequent meeting of the Council;

f.  appoint individuals as necessary to carry on the work of the Association and to dismiss them when necessary;

g.  attend events of interest to the Association in person or through a representative;

h.  use all legal means to hinder any action which is contrary to the provision of this Constitution;

i.  sign the Association's correspondence, and decide upon when the Secretary should do so;

j.  guarantee compliance with decisions taken by the Council and the General Assembly;

k.  acquire the fixed assets by approval of the General Assembly, required for the Association's development, paying at sight or on credit and/or through financing, with prior authorisation by the General Assembly;

l.  sell or alienate assets when duly authorised by the General Assembly;

m.  receive any grant or subsidy from municipal, State, Federal, private or international agencies in the name of Association or delegate responsibility to do so, in compliance with accounting practice established by the legislation currently in force;

n.  obligate the Association on bills, notes or other papers related to supplies payable by the Association or to contracts, if duly authorised by the Council;