Bylaws

Bylaws

 

 BYLAWS

OF THE DIVISION OF VISUAL AND PERFORMING ARTS EDUCATION (DARTS)

OF THE COUNCIL FOR EXCEPTIONAL CHILDREN

 

ARTICLE I.  NAME, Incorporation, and Office

Section 1.  Name and State of Incorporation. The name of this organization shall be the Division of Visual and Performing Arts Education (DARTS) of the Council for Exceptional Children (herein the "division"). The division was incorporated under the laws of Washington, DC on July 20, 2015.

Section 2.  Principal Office. The principal office of the division shall be at 4200 Wisconsin Avenue, Suite 106 – Box 303, Washington, DC 20016. The division may change its principal office as the Board of Directors may designate from time to time.


ARTICLE II.  
PURPOSE

Section 1.  Purpose. The primary purpose of this division shall be to advance the education of individuals with exceptionalities and to promote related educational, scientific, and charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. Specifically, the division intends: To assist and provide support to the Council for Exceptional Children (CEC) in all its efforts on behalf of individuals with exceptionalities and to participate in all appropriate governance activities of CEC subject to the general supervision and control of CEC.

Section 2.  Secondary Purpose. The secondary purposes shall be:

To advance, for individuals with exceptionalities, educational, extra-curricular, and other experiences with the visual and performing arts;

  • To promote a professional community of educators in the fields of visual and performing arts education, arts therapy, and community arts organizations who work with individuals with exceptionalities;
  • To encourage research about and disseminate information related to exemplary arts education for individuals with exceptionalities;
  • To foster collaboration among special educators, arts educators, arts therapists, and national arts education organizations; and
  • To advocate for arts education for individuals with exceptionalities.


ARTICLE III.  
MEMBERSHIP

Section 1.  Qualifications. Membership shall consist of professional personnel and other persons interested in the education of children and youth with exceptionalities who are current members of CEC and whose dues are paid.

Section 2.  Unified Membership. All members of this division must hold concurrent membership in the Council for Exceptional Children. The division may not accept enrollments for division membership only.

Section 3.  Membership Term. The policy pertaining to the membership year shall be consistent with the policy of the Council for Exceptional Children.

Section 4.  Meetings. Meetings of the membership are held at least one time per year, at time(s) and place(s) determined by the Board of Directors.  Special meetings of the division may be called by the Board or by the members.

Section 5.  Quorum. Unless a greater number is required under applicable law, a majority of the members present (with a minimum of 10 voting members) at a properly called DARTS meeting will constitute a quorum, and the vote of a majority of the members present at a meeting at which a quorum is present shall be the act of the members.

Section 6.  Voting Rights of Members. To the fullest extent permitted under applicable law, members may take action and vote by postal or other delivery, facsimile, e-mail, or other electronic means.


ARTICLE IV.  
RELATIONSHIP WITH CEC

Section 1.  Relationship to the Council for Exceptional Children. Upon approval by CEC, this division shall be affiliated with the Council for Exceptional Children. The division must attain a membership of 1% of the total CEC membership by the end of the second year of operation to receive a charter or affiliation agreement from CEC, and maintain a membership of at least 1% of the total CEC membership to continue charter status unless exempted by the Board of Directors of CEC.

Section 2.  Fiscal Year. The fiscal year of office shall be January 1 to December 31.


ARTICLE V.  
DUES

Section 1.  Dues. Dues may be proposed by the Board of Directors or Executive Committee and shall be consistent with the dues policies of the Council for Exceptional Children. Approval shall require a simple majority vote at the annual business meeting.

Section 2.  Payment of Dues. Annual dues shall be payable before the end of the individual's membership year. Members whose dues are not paid by the last day of their membership year shall be considered delinquent, and they shall be dropped from membership of the organization.


ARTICLE VI.  
BOARD OF DIRECTORS

Section 1.  Authority and Duties. The property, affairs, and business of the division shall be managed and controlled by its Board of Directors, which may exercise all such powers of the division and do all such lawful acts and things as are not prohibited by statute or by the Articles of Incorporation or these Bylaws. The Board of Directors may by general resolution delegate to officers of the division and to committees such powers as provided for in these Bylaws.

Section 2.  Composition and Election. The Board of Directors is composed of the elected Officers of the division as provided in Article VII and the two appointed representatives to the Representative Assembly as in Article VII. All Directors and nominees shall be members of the division. The number of Directors shall be fixed from time to time by the members; provided, however, that at all times there shall be no less than three (3) Directors. 

Section 3.  Meetings and Voting. Meetings of the Board of Directors are called by the President. Meetings may be held telephonically or electronically as long as each Director can hear the others. A majority of Directors forms a quorum; a majority of votes is required to carry a matter where a quorum is present. Proxy voting by Directors is not permitted. Directors may take any action without a meeting if a consent in the form of a record, setting forth the action taken, is executed by all directors. A consent may be electronically transmitted.

ARTICLE VII.  DUTIES OF THE BOARD OF DIRECTORS AND ITS MEMBERS

Section 1.  Duties of the Board of Directors. The duties of the Board of Directors shall be:

A.   To serve as the division's administrative policy‑making body;
B.   To act upon such official recommendations and petitions as may be received;
C.   To adopt an annual budget;
D.   To determine the publications that should be issued;
E.   To select the site of the meeting sponsored by the division;
F.    To ensure delivery to the division’s members the services, benefits, and products that the division advertises;
G.   To assume such other responsibilities as are, or as shall be; and assigned through the bylaws; and
H.   To appoint the division’s representatives to the CEC Representative Assembly.

Section 2.  Elected Officers. The officers, Executive Committee, of this division shall be a president, a president elect who shall succeed the president, a past president, a secretary, and a treasurer.

Section 3.  Appointed representatives to the representative assembly

The two representatives from the division to the CEC Representative Assembly shall be appointed by the division’s Board of Directors from a pool of applications collected through an open call to all members.

Section 4.  Prerequisite to Nomination, Election, and Appointment. All officers and representatives to the CEC Representative Assembly must be members in good standing of the Council for Exceptional Children and this division at the time of their nomination, election, or appointment and remain so throughout their term of office.

Section 5.  Succession. An elected or appointed officer, with the exception of the representatives to the CEC Representative Assembly, cannot succeed himself in the same office until after the expiration of one administrative year, provided that this shall not apply in the case of an officer selected to fill any portion of an unexpired term. The representatives to the CEC Representative Assembly may serve a second consecutive two-year term.

Section 6.  Vacancies. A vacancy in the office of president shall be filled by automatic succession of the president elect to the office. A vacancy in any of the offices president and president elect, shall be declared and filled by action of the Executive Committee upon recommendation by the president, and such person(s) shall serve only until the end of the current administrative year or until replaced by a duly elected or appointed successor.

Section 7.  Duties of Officers. 

A.  The powers and duties of the president shall be:
1.   To serve as the chief executive officer of the division with the powers and duties usually belonging to such a position;
2.   To give leadership to general policy making and carry out the directives of the membership;
3.   To call and preside at the annual business meeting and all meetings of the Executive Committee;
4.   To recommend chairs of standing committees with the exception of the nominations and elections committee;
5.   To be an ex‑officio member of all committees with the exception of the nominations and elections committee;
6.   To recommend to the Executive Committee the types of ad hoc committees and other appointive bodies needed;
7.   To represent the division in coordinating efforts with other divisions, other units of CEC,   and other organizations; and
8.   To submit the annual set of assurances to the Council for Exceptional Children by January 1 each year.
B.   The powers and duties of the president elect shall be:
1.   To serve in the place of and with the authority of the president in case of the president’s absence or inability to serve; and
2.   To develop the division’s program for the CEC annual convention, plan other meetings according to the policies and directives of the Executive Committee; and
C. The powers and the duties of the past-president shall be:
1.   To serve in an advisory capacity and provide a historical perspective to the President and the DARTS Board;
2.   To chair the Nominations and Elections Committee, identifying candidates for upcoming offices;
3.   To oversee the election process according to the procedures outlined in the Bylaws for the nominations committee and election guidelines;
4.   To review the DARTS Bylaws and propose recommended changes, if any, to the Board; and
5.   To assume other specific duties as determined by the President.
D. The powers and duties of the secretary shall be:
1.   To keep a careful record of the proceedings of the annual business meeting and the meetings of the Executive Committee;
2.   To carry on correspondence as necessary for the operation of the division;
3.   To assume custody of all records except those specifically assigned to others;
4.   To keep accurate lists of Executive Committee and committee members; and
5.   To transfer all records to the new secretary at the time of installation.
E. The powers and duties of the treasurer shall be:
1.   To serve as custodian of the funds of the division;
2.   Maintain compliance with the federal, state, local, and CEC requirements;
3.   To pay expenses approved by the Executive Committee and on authorization of the president;
4.   To make an annual report of the financial status of the division to the Executive Committee and at the annual business meeting;
5.   To prepare and submit an annual budget for approval by the Executive Committee at the annual business meeting; and
6.   To transfer all monies and records to the new treasurer within 30 days after installation.

Section 8. Duties of Representatives to the Representative Assembly

A.  The powers and duties of the division’s representatives to the CEC Representative Assembly shall be:
1.   To represent the DARTS division at meetings of the CEC Representative Assembly and to participate in balloting, and other activities necessary to the functioning of the CEC Representative Assembly;
2.   To report regularly to the division’s executive committee/board and DARTS general membership on activities of the Representative Assembly and CEC;
3.   To communicate issues and concerns from the division to the CEC Representative  Assembly; and
4.   To inform the DARTS division about the disposition of Representative Assembly issues and advice forwarded to the CEC Board of Directors.

Section 9.  Election of Officers. The officers of the division shall be elected by the membership from those members in good standing who are nominated by the Nominations and Elections Committee. Voting shall take place by mail or electronic ballot or any other means permitted under applicable law at least 60 days prior to the start of the new administrative term of office or at such time provided by the Board of Directors.

Section 10.  Term of Office. The president, president elect, and past president shall serve two consecutive years. The secretary and treasurer shall serve two consecutive years. The division representatives to the CEC Representative Assembly shall serve a two-year term but may serve an additional two years if reappointed; or may serve another two-year term after the expiration of one year. The election for secretary shall be held on even‑numbered years; the election for treasurer shall be held on odd‑numbered years; the appointment for one of the two representatives to the CEC Representative Assembly shall be made each year.

Section 11.  Removal from Office. A Director or Officer may be removed by two-thirds of the members voting where a quorum is present or by a majority vote of the Board of Directors if permitted under applicable law.  A Director or Officer may resign at any time by providing written notice to the Board of Directors.

ARTICLE VIII. COMMITTEES The Board of Directors may establish various committees to carry out the affairs of the division. The creation of a committee shall be approved by a majority of the Directors. The composition of each committee and manner of election of its members shall be determined by the Board of Directors. The rules in these Bylaws governing the Board of Directors also apply to committees of the Board of Directors.

Section 1.  Standing Committees. Finance, Nominations and Elections, Membership, Publications, and Policy and Advocacy shall be standing committees.

Section 2.  Appointment of Committee Chairs. The president, with the approval of the Executive Committee, shall appoint the chairs or co-chairs of the standing committees with the exception of the Nominations and Elections and Finance Committees. The immediate past president shall serve as chair of the Nominations and Elections Committee. The treasurer shall serve as chair of the Finance Committee.

Section 3.  Appointment of Committee Members. Committee members shall be appointed by the chair, subject to approval by the president. All committees shall have no less than two members in addition to the chair or co-chairs. The chairs and members of committees shall serve two-year terms unless indicated otherwise.

Section 4.  Publications Committee Composition. The Publications Committee shall include the newsletter and/or journal editors.

Section 5.  Nominations and Elections Committee Composition. The Nominations and Elections Committee shall have four members in addition to the chair. The chair and members shall serve one year terms.

Section 6.  Policy and Advocacy Committee Composition. The Policy and Advocacy Committee shall include the Children and Youth Action Network (CAN) Coordinator.

Section 7.  Duties of Committees 

A.  The duties of the Membership Committee shall be:
1.   To maintain a current record of members and to provide all officers and committee chairs with this list upon request;
2.   To maintain an active program for the recruitment of new members and renewal of members; and
3.   To support CEC Headquarters in its member recruitment and retention programs.
B.   The duties of the Publications Committee shall be:
1.   To continuously review the publications structure of the division and recommend policies and procedures related to its growth and development;
2.   To assess the composition of the membership for consideration in determining the scope of the publications program; and
3.   To recommend to the Executive Committee publications to be issued.
C.   The duties of the Policy and Advocacy Committee shall be:
1.   To develop a political action program under the direction of the Executive Committee;
2.   To disseminate information pertinent to national and state/provincial public policy; and
3.   To support CEC Headquarters in its policy and advocacy efforts and campaigns.
D.   The duties of the Nominations and Elections committee shall be:
1.   To solicit recommendations for nominations from the entire membership;
2.   To nominate at least two candidates for  president elect and for other officer positions to be filled;
3.   To distribute the ballots to the membership eight (8) weeks prior to the annual business meeting;
4.   To determine winners by the preferential voting procedure described in the Roberts Rules of Order, Newly Revised, latest edition; and
5.   To announce the results at the annual business meeting.
E.   The duties of the Finance Committee shall be:
1.   To develop plans for raising funds; and
2.   To audit the treasurer's reports.

Section 8.  Ad Hoc Committees

Ad hoc committees may be established and their functions assigned at the discretion of the president. Such establishment must clearly indicate the purpose and length of service of the committee.

ARTICLE IX. DURATION AND DISSOLUTION

To the extent permitted under applicable law, the duration of the division shall be perpetual unless the Board of the DARTS division unanimously determine that it should be dissolved. The Board shall inform the membership that the division is to be dissolved. Upon the dissolution and final liquidation of the division, the Board shall, after paying or making provision for the payment of all the debts and liabilities of the division, distribute all of its assets to the Council for Exceptional Children, a nonprofit, tax-exempt 501(c)(3) organization, to apply to one or more of its programs.

ARTICLE X. PARLIAMENTARY PROCEDURE

The rules of parliamentary practice comprised in Roberts Rules of Order, Newly Revised, latest edition, shall guide the proceedings of this division subject to the special rules which have been or may be adopted.

 

ARTICLE XI. AMENDMENTS

Section 1.  Submission of Proposed Amendments. Proposed amendments to the Bylaws shall be submitted in writing to the Bylaws Committee for review.

Section 2.  Review by Executive Committee. The Bylaws Committee shall refer all proposed amendments with recommendations to the Executive Committee.

Section 3.  Referral to the Membership. All proposed amendments submitted to the Executive Committee shall be submitted to the membership not less than 30 days prior to a meeting.

Section 4.  Final Action. The Bylaws may be amended by a mail, electronic, or voice vote, and must pass by a two-thirds majority of the members voting.

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DARTS August 6, 2015 UPDATED September 7, 2016.