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PACEC Constitution

Adopted 11/6/03 by vote of the PACEC Delegate Assembly

Effective 7/1/04 
Last updated 2007

Table of Contents

ARTICLE I - NAME

SECTION 1. The name of this organization shall be the Pennsylvania Council for Exceptional Children, hereinafter referred to as the Association. The Association may also be referred to as PACEC.

SECTION 2. The Association shall be affiliated with the Council for Exceptional Children hereinafter referred to as CEC.

ARTICLE II - PURPOSES

SECTION 1. The principal purpose of the Association shall be to advance the education and welfare of children and youth with exceptionalities.

SECTION 2. The Association shall serve as the unifying body for CEC Members within Pennsylvania. Subdivisions will retain the primary responsibility for their organization's development and functioning.

SECTION 3. The Association may provide funds through the Regional Directors to enable regional member groups or subdivisions to engage in special projects that will promote the education and welfare of children and youth will exceptionalities in Pennsylvania.

SECTION 4. The Association shall maintain liaisons with CEC and with public and private schools, agencies and organizations interested in the education and welfare of children and youth with exceptionalities.

SECTION 5. The Association shall encourage and promote appropriate research that may benefit the education and welfare of children and youth with exceptionalities.

SECTION 6. The Association shall sponsor publications to promote the education and welfare of children and youth with exceptionalities.

SECTION 7. The Association shall encourage personal and professional growth.

SECTION 8. The Association shall exercise such reasonable power and authority as is necessary to carry out the above purposes. However, no substantial part of the activities or funds of the Association shall be used for propaganda, paid legislative lobbying or assisting in the campaign of any person for public office. Members shall be apprised of any situation in which Association funds are expended for such purposes.

SECTION 9. No Association officer or member shall accrue financial benefit by participation in any of the Association's activities, except that reasonable reimbursement for approved personal expenditures or services directly related to Association activities may be paid upon approval of the President.

ARTICLE III - MEMBERSHIP

SECTION 1. Membership shall consist of educational professional personnel, students preparing to be educational professionals, and other persons interested in the education and welfare of children and youth with exceptionalities.

SECTION 2. Membership qualifications, membership categories, and membership dues shall reflect current CEC policy.

SECTION 3. The assignment of members to regions may be changed by the Association Board of Directors.

SECTION 4. The Association may grant honorary membership to those individuals who have contributed significantly to children and youth with exceptionalities of Pennsylvania.

1. Candidates for honorary membership may be submitted by subdivisions, individual members, or by the Association Board of Directors.
2. Honorary membership shall be granted by majority vote of the Association Board of Directors.
3. Honorary members shall not pay dues. They shall have the privilege of the floor, but they shall not have the right to vote or to hold office.

ARTICLE IV - ORGANIZATION

SECTION 1. The Association, as an affiliate of CEC, is an Association of the members and subdivisions of CEC within Pennsylvania.

SECTION 2. The Association fiscal year and administrative term of office shall be July 1 through June 30 annually. The policy pertaining to the membership year shall reflect the policy of CEC.

SECTION 3. The Association shall consist of a duly organized, independent functioning group of CEC members and subdivisions in good standing with CEC.

SECTION 4. The Association shall grant membership to members of CEC in good standing who:

1. Reside within Pennsylvania
2. Reside outside Pennsylvania, but who request affiliation directly with the Association

SECTION 5. The Association may recognize organized regional member groups that meet the requirements of Article II of the PACEC By-Laws.

SECTION 6. The Association shall recognize state-level subdivisions that meet the requirements of Article III of the PACEC By-Laws.

SECTION 7. The Association shall recognize the Pennsylvania Student Council for Exceptional Children, hereinafter referred to as PASCEC, as an organized member group of the Association. PASCEC shall have its own board of directors, a constitution and membership responsibilities that meet with standards set forth by this Constitution and with policy set forth by CEC.

ARTICLE V - DUES

SECTION 1. The annual dues of this Association shall be determined by its Board of Directors and shall be consistent with the dues policies of CEC.

SECTION 2. In order to be a member of PACEC, individuals must first be a member of CEC. The Association shall not accept enrollments for local membership only.

SECTION 3. As provided in CEC dues policies, special assessments may be levied by the Association Board of Directors at a Board of Directors Meeting when this matter is considered.

SECTION 4. 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 in the organization.

ARTICLE VI – PACEC BOARD OF DIRECTORS STRUCTURE

SECTION 1. Executive Committee Composition. The Executive Committee of the Association shall be composed of the President, President-Elect, Vice-President, Secretary, Treasurer, and Immediate Past-President.

SECTION 2. Executive Board Composition. The Executive board consists of the elected officers of the Association. The Executive Board of the Association shall be composed of the Executive Committee (see SECTION 1), Regional Directors, Representatives to CEC Representative Assembly, PASCEC President, and Presidents of Subdivisions recognized by PACEC.

SECTION 3. Board of Directors Composition. The Board of Directors of the Association consists of the elected officers and appointed positions. The Board of Directors shall be composed of the Executive Board (see SECTION 2) and the Chairpersons of Standing Committees with voting privileges, which includes: Children’s Action Network (CAN), Convention, Elections, Membership, Multicultural, Newsletter/Journal, Student Advisory, and Technology.

SECTION 4. Voting Privileges. All members of the Board of Directors are entitled to vote on all issues.

ARTICLE VII – QUALIFICATIONS AND TENURE

SECTION 1.Elections. Association Officers, as required herein, shall be elected by direct vote of the eligible Association membership during the Annual Election and shall take office on the following July 1. Annual Elections shall be conducted as set forth in ARTICLE VI of the PACEC By-Laws.

SECTION 2. Qualifications. All members of the Board of Directors must be members of CEC and PACEC in good standing at the time of their nomination and election, and remain so throughout the duration of their term of office. Only a person who has consented to serve, shall be eligible for election to office. Persons appointed to office serve at the will and pleasure of the President.

SECTION 3. Tenure.

1. Vice-President. The Vice-President shall be elected by the membership for a one-year term.
2. President-Elect. The Vice-President shall automatically succeed to President-Elect at the expiration of the President-Elect's one-year term of office.
3. President. The President-Elect shall automatically succeed to the Presidency at the expiration of the President's one-year term of office.
4. Immediate Past-President. The President shall automatically succeed to Immediate Past-President at the expiration of the President's one-year term of office.
5. Secretary and Treasurer. The Secretary shall be elected in odd numbered years and the Treasurer shall be elected in even numbered years for a two-year term of office each.
6. Regional Directors. Regional Directors will serve three-year terms. Regional Directors will be elected each year on a three-year cycle beginning in 2002. The 1st year of the cycle for Regions 2 & 4; 2nd year of the cycle for Regions 6 & 1; 3rd year of the cycle for Regions 5 & 3. Regional Directors may succeed themselves for additional terms.
7. Representatives to CEC Representative Assembly. Representatives shall be elected by the Association membership to serve a two-year term. Elections shall be held annually to provide for staggered terms of office. The Representatives to the CEC Representative Assembly shall assume office on July 1 of the calendar year following election.
8. PASCEC President. PASCEC President will serve for the term of office defined in the PASCEC constitution.
9. Subdivision Presidents. Presidents of subdivisions recognized by CEC will serve for the term of office defined in the subdivision constitution.
10. Standing Committee Chairs. The President shall appoint the Children’s Action Network (CAN) Coordinator, Membership Chairperson, Multicultural Advisor, Newsletter/Journal Editor, Student Advisor, and the Webmaster to serve on the Board of Directors for a term of one year. Appointments shall be confirmed by the Executive Board. The President-Elect shall chair the Convention Committee. The Immediate-Past President shall chair the Elections Committee.

SECTION 4. Vacancies

1. Elected Offices.
1. If before expiration of the term for which elected, the President is unable or unwilling to carry out the duties of the office, the President-Elect shall succeed to the office of the Presidency for the unexpired portion of that term. In the event that the President-Elect is unable to carry out the duties of the office of President, the Vice President shall succeed to the office of the Presidency for the unexpired portion of that term.
2. In the case of a vacancy of any office due to death, resignation, inability or unwillingness to dutifully carry out the requirements of the office, the President shall be empowered to appoint a person to fill the vacant office. In the case of the Treasurer or Secretary, the appointed person shall serve the unexpired portion of that term and shall be eligible to run for a full term of office for that position.
3. In the event a vacancy occurs in the office of Regional Director or Representative to CEC Representative Assembly a person shall be appointed by the President to complete the term.
4. In the event a vacancy occurs in the office of PASCEC President or recognized Subdivision President, the office will be filled as provided for by their respective constitutions.
2. Appointed Offices. In the event a vacancy occurs in the Chair of a Standing Committee, a person shall be appointed by the President to complete the term.

SECTION 5. Removal from office

1. Elected Offices.
1. A written petition for the removal of an Association Officer shall be signed by at least five members of the Association and submitted to the President. If the President is the subject of such a petition, it shall be submitted to the President-Elect.
2. The Executive Board shall decide if legal counsel and action is warranted.
3. In the event that legal counsel is not warranted, the Association will proceed with the following steps:
1. The President (or President-Elect) shall, within seven days, notify each Board of Directors member in writing of the receipt of said petition, solicit relevant evidence from all parties concerned, and call a special meeting of the Board of Directors to consider the matter within 30 days following receipt of the petition.
2. At the Board of Directors meeting, an opportunity shall be made available to all interested parties to present any relevant evidence. A two-thirds majority vote of the members present, provided there is a quorum, is necessary for the removal of an officer. Removal from office is effective immediately, pending appeal.
3. The officer being considered for removal shall be provided with the results of the Board of Directors action in writing within seven days.
4. Upon receipt of written notification of removal, the officer concerned shall have fifteen days to submit to the President (or President-Elect) written notification of appeal.
5. The President (or President-Elect) shall serve as the non-voting chairperson of the Appeal Board. The Appeal Board shall consist of the following, excluding the officer under investigation: Immediate Past-President, President, President-Elect, Vice-President, Secretary and Treasurer.
6. At the meeting of the Appeal Board, an opportunity shall be made available to all interested parties to present any relevant evidence. A two-thirds majority vote of the members present is necessary to overturn the Board of Directors’ decision and reinstate the removed officer. Reinstatement is effective immediately. .
7. The officer whose appeal has been considered shall be provided with the results of the Appeal Board action in writing within seven days.
2. Appointed Offices. Persons appointed to office shall serve at the will and pleasure of the President.

ARTICLE VIII – DUTIES OF OFFICE

SECTION 1. Board of Directors Duties in General. In addition to the rights and duties provided elsewhere in this Constitution and the By-Laws, or as custom or parliamentary procedures may provide, the officers shall have the following rights and duties:

1. Provide leadership to the Association by identifying concerns, planning responses, and carrying out the policies and directives of the Association.
2. Review and give final approval to the annual budget submitted by the Executive Board.
3. Have full power and complete authority to perform all acts and to transact all business for and to manage all the property, affairs, work and activities of the Association within available resources, subject only to the provisions of this Constitution, and all resolutions and enactments of the Association.
4. Conduct the affairs of the Association between meetings of the Board of Directors.
5. Only current members of the Board of Directors may use Association stationery unless otherwise approved by a member of the Board of Directors or Chairperson of a standing or ad hoc committee. Matters communicated on such stationery by anyone, if deemed controversial or inconsistent with adopted Association policy or resolutions, must be reviewed by the President prior to distribution.

SECTION 2. Executive Committee Duties. In addition to the rights and duties provided elsewhere in this Constitution and By-Laws, or as custom or parliamentary procedures may provide, the officers shall have the following rights and duties:

1. The President shall:
1. Be the chief executive.
2. Preside at the annual convention.
3. Call and preside at meetings of the Executive Committee, Executive Board, the Board of Directors, and Annual Meeting.
4. Appoint all standing committees and other committees to serve as needed unless as otherwise specified within the Constitution.
5. Provide for cooperation with, participation in, and representation of the Association with other agencies of similar interest.
6. Be responsible for submitting the annual reports required by the Council for Exceptional Children.
7. Serve as a mentor to the President of PASCEC.
8. Serve as an ex-officio member on all committees, except the Elections Committee.
9. Provide leadership to general policymaking and implementation of directives.
10. Provide leadership for the Association's Representatives to the annual CEC Representative Assembly.
11. Review and update the Association's strategic plan.
12. File with CEC by the required date of each year the names of the Association Representatives to the CEC Representative Assembly who will serve during the next fiscal year.
13. Coordinate the activities of the Regional Directors.
14. Perform other duties as may be requested by the Association Board of Directors.
2. The President-Elect shall:
1. Officiate for the President in his/her absence or disability.
2. Serve as the Convention Chairperson for the annual state convention.
3. Serve as a mentor to the President-Elect of PASCEC.
4. Perform other duties as may be requested by the Association Board of Directors.
3. The Vice-President shall:
1. Officiate for both the President and President-Elect in their absence.
2. Perform such duties as may be assigned by the President.
3. Assist the President-Elect in planning the annual state convention.
4. Serve as Chairperson of the Resolutions Subcommittee of the Convention Committee.
5. Perform other duties as may be requested by the Association Board of Directors.
4. The Immediate Past-President shall:
1. Act as advisor to the President and Executive Board.
2. Serve as chairperson of the Elections Committee.
3. Perform other duties as may be requested by the Association Board of Directors.
5. The Secretary shall:
1. Keep the minutes of the proceedings of the Executive Committee, Executive Board, Board of Directors, and Annual Meeting.
2. Maintain current records, and reports of the Association, except those maintained by the Association archivist.
3. Serve as a co-mentor to the Vice President of Communications of PASCEC.
4. Prepare, collect, and count necessary ballots for the annual election.
5. Prepare and forward copies of meeting minutes and reports to recorded absentees.
6. Perform other duties as may be requested by the Association Board of Directors.
6. The Treasurer shall:
1. Receive all monies due.
2. Keep accurate accounts of all receipts and disbursements.
3. Serve as a co-mentor to the Vice President of Communications of PASCEC.
4. Pay bills upon written authorization of the President in a timely manner.
5. Present a financial report of all receipts and disbursements in writing at each Executive Board Meeting, and if requested, at the Annual Meeting.
6. Publish reports in the Newsletter/Journal if requested and approved.
7. Arrange for an annual audit under the direction of the Executive Committee of the Board of Directors.
8. Be bonded in favor of the Association at its expense.
9. Relinquish all records to the successor in office by the end of September after his/her term of office expires.
10. Have responsibility for filing in a timely manner, with the United States Internal Revenue Service, the annual information return, after review by the President.
11. Perform other duties as may be requested by the Association Board of Directors.

SECTION 3. Executive Board Duties. In addition to the rights and duties provided elsewhere in this Constitution and By-Laws, or as custom or parliamentary procedures may provide, the officers shall have the following rights and duties:

1. Executive Committee (see SECTION 2)
2. Regional Directors shall:
1. Participate in Board of Directors meetings as called by the President.
2. Facilitate the exchange of ideas periodically through disposition of written reports, joint meetings, or other appropriate means.
3. Attend program meetings within their region as invited or needed.
4. Serve on the Awards Committee when appointed by the President-Elect.
5. Serve as a liaison between the PACEC Board of Directors and members in the areas they represent, including:
1. Interpreting the Association’s organization and purposes,
2. Assisting regional member groups in organizing local events,
3. Recommending to the Board of Directors for approval/disapproval of applications from regional member groups for funding grants,
4. Assist in the organization of member groups at colleges and universities within the areas they represent,
5. Encourage mentor relationships between professional and student members of PACEC,
6. Identify a cadre of student members to assist in regional activities, and
7. Appoint one student member from the region to serve on the Association-wide Student Advisory Committee.
6. To carry out the duties, each Regional Director may apply for funding grants from the Association to support specific activities within their respective region. The procedure to apply for grants is outlined in ARTICLE IV of the PACEC By-Laws.
7. Perform other duties as may be requested by the Association Board of Directors.
3. Representatives to CEC Representative Assembly shall:
1. Represent the Association 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. Report regularly to the Association Board of Directors, Association, Annual Meeting, and general membership on activities of the CEC Representative Assembly and CEC;
3. Serve as co-mentors to the Governor of PASCEC.
4. Communicate issues and concerns from the Association to the CEC Representative Assembly;
5. Inform the Association about disposition of the CEC Representative Assembly issues and advice forwarded to the CEC Board of Directors;
6. Take other specific direction from the Association concerning the activities of the CEC Representative Assembly.
7. Perform other duties as may be requested by the Association Board of Directors.
4. PASCEC President shall:
1. Represent PASCEC at Board of Directors Meetings
2. Report on PASCEC activities regularly to the Board of Directors
5. Presidents of Subdivisions recognized by PACEC shall:
1. Represent the subdivision at Board of Directors Meetings
2. Report on subdivision activities regularly to the Board of Directors

SECTION 4. Board of Directors Duties. In addition to the rights and duties provided elsewhere in this Constitution and By-Laws, or as custom or parliamentary procedures may provide, the officers shall have the following rights and duties:

1. Executive Board (see SECTION 3)
2. Chairs of Standing Committees shall:
1. Represent the Committee at Board of Directors Meetings
2. Report on Committee activities regularly to the Board of Directors
3. Serve as mentors to PASCEC as follows:
1. The Children’s Action Network Chair serves as mentor to Vice President of Programs of PASCEC
2. The Membership Chair serves as mentor to Vice President of Committees of PASCEC
3. The Multicultural Chair serves as mentor to Vice President of Programs of PASCEC
4. The Newsletter/Journal Chair and the Technology Chair serves as co-mentors to Newsletter Chair of PASCEC
4. Carryout the purpose of the Committee as outlined in ARTICLE I of the PACEC By-Laws

ARTICLE IX - MEETINGS

SECTION 1. Board of Directors. The Board of Directors shall have at least three meetings a year at a time and place designated by the President.

SECTION 2. Board of Directors. There shall be a business meeting of the Board of Directors scheduled during the convention. A special meeting of the Board of Directors shall be held upon written request by at least seven members of the Board of Directors. This request shall be directed to the President.

SECTION 3. Annual Membership Meeting. There shall be an Annual Membership Meeting held at the annual convention.

SECTION 4. A Quorum. For the transaction of all business, a quorum of any committee or body provided for by the Constitution and By-Laws shall be the number of verified members present of such committee or body, unless otherwise provided by the Constitution and By-Laws.

SECTION 5. Voting. Unless otherwise provided by the Constitution and By-Laws, or by Robert's Rules of Order when a quorum is present, a simple majority (one more than half) of the verified members present shall prevail in all matters to be determined by vote.

ARTICLE X - DISSOLUTION

SECTION 1. In the event of the dissolution of the Association, any remaining assets shall revert to CEC, which is exempt under Section 501 (C) 3 of the Internal Revenue Code of 1954 as amended, with the proviso that the assets be held in escrow for a period of five years in order to allow members time to reorganize as an Association.

ARTICLE XI - MEMBERSHIP YEAR

SECTION 1. The fiscal year shall be from July 1 through June 30 annually.

SECTION 2. The membership year shall correspond with that of CEC.

ARTICLE XII - AMENDMENTS

SECTION 1. This Constitution may be amended at regularly scheduled meetings of the Board of Directors by a two-thirds vote of the quorum present, provided that any proposed amendment has:

1. Been submitted in writing to the Association President and Constitution Committee at least 120 days prior to the session at which it is to be acted upon.
2. That a copy thereof has been mailed to all members of the Board of Directors at least 90 days prior to the session at which action is to be taken.

SECTION 2. Notice of proposed amendments must be provided for the membership at least 30 days before the Board of Directors Meeting when voting is to take place.

SECTION 3. Amendments shall take effect immediately following their adoption or as designated in the amendment.

ARTICLE XIII - PARLIAMENTARY PROCEDURE

SECTION 1. On all matters of procedure not specifically provided for in this Constitution, the authority shall be the latest edition of Robert's Rules of Order, Revised.

SECTION 2. The President shall appoint a parliamentarian to serve at the Board of Directors meetings of the Association.