Dutchess County Loving Education At Home By-Laws June 14, 2016

Transcription

1 Dutchess County Loving Education At Home By-Laws June 14, 2016 ARTICLE I NAME The name of this organization shall be Dutchess County Loving Education At Home (herein also referred to as Dutchess County LEAH). ARTICLE II DEFINITION Section 1. Affiliation This chapter is a member of Loving Education At Home (herein also referred to as New York State LEAH or NYS LEAH). As such, its establishment, leadership and operations, and final dissolution are subject to the oversight of the Board of Directors of NYS LEAH according to the bylaws of NYS LEAH. Section 2. Philosophical Statement 2.1 Dutchess County LEAH is a Christian organization, the members of which are like-minded Christians who are dedicated to observing the Biblical commands of Deuteronomy 6:4-10, Proverbs 22:6, and Ephesians 6: We promote home education as the Scriptural design for education whereas institutional education is the alternative to the home. We believe that every family has a God-given, legal, and Constitutional right to homeeducate, regardless of their philosophy of education or religious affiliation. 2.3 Dutchess County LEAH is not a church nor is this organization meant to replace the ministry of the local church to the home-education family. ARTICLE III PURPOSE Section 1. Support for Home Education Dutchess County LEAH is organized primarily for the purpose of providing service and support to member families, including but not limited to: 1.1 Promoting sound, high-quality home education programs by parents or legal guardians for the purpose of developing Christ-like character and which satisfy the spiritual, intellectual, physical and emotional growth needs of their children. 1

2 1.2 Providing and encouraging support and training for parents through such activities as the support group meetings. 1.3 Providing and promoting opportunities for children and families to interact with others through planned educational and recreational activities. 1.4 Providing information regarding the regulatory climate of home education in New York State and in our nation. 1.5 Encouraging home-education families to seek appropriate legal counsel. 1.6 Working to protect the future freedoms of home education in New York State and in our nation. 1.7 Promoting the advantages of home education over alternative forms of education outside the home. 1.8 Encouraging participation in regional and state-wide home-school events. 1.9 Instituting whatever programs or services as may be deemed necessary or beneficial by the membership of this organization in support of home education. Section 2. Not-For-Profit Tax Classification 2.1 Dutchess County LEAH is organized exclusively for charitable, religious, educational, and/or scientific purposes under section 501(c)(3) of the Internal Revenue Code. 2.2 No part of the net earnings of Dutchess County LEAH shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof. 2.3 No substantial part of the activities of Dutchess County LEAH shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and Dutchess County LEAH shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. 2.4 Notwithstanding any other provision of this document, Dutchess County LEAH shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from federal income tax under section 2

3 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or (b) by an organization, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or corresponding section of any future federal tax code. ARTICLE IV STATEMENT OF FAITH Section 1. Preface Our Statement of Faith is intended to reflect foundational Christian truths. These concern the Authority of Scripture, Deity of Christ, and the Person and Work of Jesus Christ (the Gospel) as revealed in Scripture. It is the faith once delivered to the saints (Jude 3, Ephesians 4:5) and which distinguishes believers from nonbelievers. There are many other precious truths taught in the Bible over which Godly men have differed in understanding. Therefore, this is not a statement of all that is important to believe, but of that which is essential to believe for Christian fellowship and unity (Romans 15:5-7). Section 2. We believe: 2.1 The Bible to be the inspired, infallible, divinely preserved Word of God, the supreme and final authority for all faith and life. 2.2 That there is one God, eternally existent in three persons: Father, Son, and Holy Spirit. 2.3 In the Deity of our Lord Jesus Christ, His virgin birth, His sinless life, His miracles, His vicarious and atoning death through His shed blood on the cross, His bodily resurrection, His ascension, and His bodily return in power and glory. 2.4 That man was created in the image of God but fell into sin and is therefore lost, and only those who put their faith in Jesus Christ alone, not trusting in any personal works whatsoever, can be saved. 2.5 That salvation is the free gift of God brought to the sinner by grace and received by personal faith in the Lord Jesus Christ, Whose substitutionary death on the cross paid the penalty for man s sin. 2.6 That the ministry of the Holy Spirit is to convict mankind and to indwell, guide, instruct, and empower the believer for Godly living and service. 2.7 That God created man and woman after His own image, and that God has ordained marriage, consisting of one man and one woman, to be the 3

4 foundation of the family and to be the only legitimate and Godly expression of sexuality. 2.8 In the spiritual unity of believers through our common faith in the Lord Jesus Christ and that individual doctrinal differences which may exist, outside of the aforementioned tenets (Article IV ), should not hinder the unity of Christian home educators. ARTICLE V MEMBERSHIP Section 1: Specifications 1.1 Membership is open to all who are home schooling or are interested in commencing or supporting home schooling in Dutchess County and surrounding areas. 1.2 Members should understand and comply with the Biblical, Christian orientation of Dutchess County LEAH. Members shall agree to our Purpose (Article III) and Statement of Faith (Article IV) and shall agree to abide by these By-laws and the Code of Conduct prior to membership in Dutchess County LEAH. Section 2: Expectations 2.1 Members shall support Dutchess County LEAH with their annual dues. 2.2 Members are encouraged to participate on committees and/or to assist with events to ensure that the organization s purposes, policies, and objectives are met. 2.3 Members and their children are expected to conduct themselves in a manner reflecting the character of Jesus Christ as revealed in Holy Scripture (Ephesians 6:1-4 and Colossians 3:17) and as delineated in the Dutchess County LEAH Code of Conduct pursuant to NYS LEAH requirements. Section 3: Applying for Membership 3.1 Applications for membership must be submitted to the Secretary or Membership Committee, for review and approval by the Membership Committee. The Membership Committee reserves the right to approve or deny membership. 3.2 A family interview may be required at the discretion of the Membership Committee prior to a membership decision. 4

5 Section 4: Term of Membership 4.1 Membership in Dutchess County LEAH will be renewed on an annual basis. 4.2 Membership lists and dues must reach NYS LEAH by the date established by the NYS LEAH Board of Directors or by September 30 th of each year, whichever is earlier. Section 5: Membership in NYS LEAH All members of Dutchess County LEAH become members of and shall support the activities of NYS LEAH. Section 6: Voting 6.1 Strictly for purposes of voting by the general membership, all adults in a member family are considered to be a single member; i.e. only one (1) vote per member family is allowed. 6.2 There shall be no voting by proxy. Section 7: Discipline and Revocation of Membership 7.1 If and when any member family is accused of being in confessional or ethical non-compliance with the organization s Purpose (Article III), Statement of Faith (Article IV), Code of Conduct, or By-laws, including conduct and/or activities within the chapter which are contrary to Biblical principles or the Code of Conduct, the Board shall respond to the matter using the principles of Matthew 18: In cases not directly involving Dutchess County LEAH, the Board should not subvert the Biblical model of private resolution or, if necessary, the authority of the involved parties church leadership. 7.2 If the above matter remains unresolved, and if the matter does appear to concern Dutchess County LEAH, an investigation shall be conducted by the Board. If the accused party is a Board Member, said Board Member shall not be an investigator. 7.3 If the Board s investigation concludes that the allegations have merit or need further investigation, the Board may, at its discretion, immediately suspend said member (even if he/she is a Board Member) from any or all privileges of membership until a final disposition of the matter is made. There shall be an opportunity given to the party or parties involved to petition for a hearing before the Board to consider the matter. Such a 5

6 hearing must take place within thirty (30) days of the request, with two (2) weeks prior written notice of the hearing date given to the party or parties involved. 7.4 Following the hearing, the Board shall have fifteen (15) days to consider the options of taking no action, of requiring specific corrective actions by the party or parties involved as a condition of continued membership in LEAH, of dropping the family from membership, or of recommending to the general membership that the member be dropped from membership. Revocation of membership by the Board shall be decided by a two-thirds (2/3) majority vote of the full Board membership at a Board meeting. Revocation of membership by the general membership shall be decided by a two-thirds (2/3) majority vote of adult members present at either a regular or special meeting of the organization. All decisions by the Board, both interim and final, or by the general membership, shall be promptly communicated to the parties involved. 7.5 A family removed from membership must wait one (1) calendar year before reapplying for membership. ARTICLE VI GOVERNMENT Section 1: General Powers The affairs of Dutchess County LEAH shall be under the policy direction and implementation of a Board of Directors (herein also referred to as Board ), the structure of which is described in Article VII. The Board shall be responsible for the following: 1.1 Overall operation of the organization 1.2 Coordination of committees and their activities and events 1.3 Policy decisions based on input from members 1.4 Filling Board vacancies 1.5 Creating committees as the need may arise 1.6 Calling and setting the date and time for membership meetings Section 2: Quorum 2.1 A majority of voting Board Members shall constitute a quorum. 6

7 2.2 If a quorum is not present at any meeting, a majority of those present at that meeting may postpone the meeting to another time without prior notice. Section 3: Board Decisions 3.1 The act of a majority of Board Members present at a meeting at which a quorum is present shall be the act of the Board, unless the act of a greater number is required by these By-laws. 3.2 In the case of irresolvable disagreement concerning chapter governance, including discipline and/or revocation of membership, the Chapter Leader(s) shall have the final authority. Section 4: Informal Action by the Board of Directors Any action normally taken at a meeting of the Board may be taken without a meeting, if consent in writing setting forth the action to be taken is signed by twothirds (2/3) of the Board. Section 5: Compensation 5.1 Members of the Board shall not receive any stated salaries for serving on the Board. 5.2 Nothing herein stated shall preclude any member of the Board from being reimbursed for expenses incurred while fulfilling Board duties, i.e. travelrelated expenses, phone calls, etc. The Board shall determine by policy decision what expense items are reimbursable. 5.3 Members of Dutchess County LEAH shall not receive any stated compensation from membership fees. Members may receive compensation on a contract basis for services rendered (i.e. teaching a class, staffing the nursery at a general meeting, etc.), at Board discretion, should the need arise. ARTICLE VII BOARD OF DIRECTORS Section 1: Officers 1.1 The members of the Board (herein also referred to as Board Members or Officers ) shall consist of the Chapter Leader(s), Secretary, Membership Coordinator, Treasurer, Web Administrator, Legislative Coordinator, and the coordinator (herein also referred to as Committee Coordinator ) from each additional standing Dutchess County LEAH committee. 7

8 1.2 A Board Member may hold multiple Offices simultaneously but shall not simultaneously occupy more than one (1) of the Offices of Chapter Leader, Secretary, or Treasurer. 1.3 Any Office, with the exception of the Chapter Leader(s), may be held by either an individual or by a married couple. 1.4 The Chapter Leader(s) shall consist of a married couple, as per the NYS LEAH By-laws and in accordance with Article IV 2.7 of Dutchess County LEAH s By-laws. Under exceptional circumstances, the organization may petition the NYS LEAH Board to waive the requirement of a married couple to allow an otherwise qualified person or two (2) persons teaming together to serve as Chapter Leader(s). Section 2: Qualifications 2.1 Before taking office, a prospective Board Member (both husband and wife if a married couple) shall: Sign a statement that he/she agrees with every part of Dutchess County LEAH s Purpose (Article III) and Statement of Faith (Article IV) and will abide by the By-laws and Code of Conduct of this organization Be in good standing with Dutchess County LEAH for at least one (1) year by the time they take office Have home-schooled for at least one (1) school year by the time they take office. 2.2 All continuing Board Members shall sign a statement, as delineated in 2.1.1, on an annual basis. Section 3: Nomination, Election, and Appointment of Officers 3.1 Any Board Member may nominate at a Board Meeting any member (or member couple) of the organization for any vacant Office, including Chapter Leader(s). 3.2 Chapter Leaders If the member(s) nominated for the Office of Chapter Leader agrees to the nomination, the Board shall interview the nominee no later than the next quarterly Board Meeting following the nomination. The Board shall decide by majority vote whether to recommend the nominee to the 8

9 general membership, and the Board shall make such recommendation at the next general meeting following the decision The Office of Chapter Leader shall be filled by majority vote of the general membership in attendance at the next general meeting following the meeting at which the Board announced their nomination. The nomination shall be communicated to the entire membership at least (2) weeks prior to the general meeting at which the election shall take place The elected Chapter Leader(s) shall meet the requirements set forth in the NYS LEAH By-laws and receive approval from the NYS LEAH Board through Dutchess County LEAH s Regional Representative. 3.3 Vacancies in the Offices of Secretary, Membership Coordinator, Treasurer, Web Administrator, Legislative Coordinator, and all other Committee Coordinators shall be filled by majority vote of the Board at a Board Meeting with a quorum present. 3.4 There is no maximum amount of time an Officer shall be permitted to serve. 3.5 Any member of Dutchess County LEAH may serve in an advisory capacity at the discretion of the Board, to be decided by majority vote. Section 4: Duties of the Board of Directors 4.1 The duties of the Board shall be as follows: Chapter Leader(s) shall be the organization s liaison with NYS LEAH, the Hudson Valley Region of NYS LEAH, and other support groups; be a default member of all committees; lead the meetings of the Board and any business meetings; handle home school inquiries; and be the media contact for Dutchess County LEAH Secretary shall be the Assistant Chapter Leader(s), prepare and distribute the minutes of the Board meetings, keep the archives of Dutchess County LEAH, and handle publicity and notices. The Secretary shall be a default member of the Membership Committee Membership Coordinator shall be the Membership Committee Coordinator, be responsible for membership tracking and application follow-up, conduct interviews of prospective members as needed, prepare and update the membership directory, and notify the Web Administrator of any membership changes throughout the year. 9

10 4.1.4 Treasurer shall be responsible for preparing the budget for the organization, submit the budget to the Board, prepare financial reports for the meetings of the Board and general membership, prepare the membership dues to be sent to NYS LEAH by the chapter s annual renewal date, follow up on membership dues throughout the year, collect sports insurance fees and names of participants and be the organization s insurance liaison with NYS LEAH, disburse chapter funds upon decision of the Board, and keep track of budgets Web Administrator shall have editorial and layout responsibility for the Dutchess County LEAH official website, including moderator privileges and responsibility to remove objectionable or inappropriate content, and be the liaison with any technical third party that supports the website Legislative Coordinator shall apprise Dutchess County LEAH of the regulatory climate of home education and of related family policy legislation, both current and pending, in New York State and in our nation Committee Coordinators shall actively facilitate and involve their respective committees in support of Dutchess County LEAH s Purpose, represent their committees on or to the Board, and serve on the Board s sub-committees as needed. 4.2 If the Chapter Leader(s) and Secretary are absent from any meeting, the Board Members in attendance may appoint a temporary leader by majority vote. The appointee shall not exercise any powers granted to the Offices of Chapter Leader or Secretary except that of presiding at the present meeting. Section 5: Committees 5.1 Standing committees shall be as follows: Membership Committee shall be responsible for tracking membership, inquiry follow-up, and preparing and updating the membership directory Program Planning Committee shall plan and coordinate the programming for the regular Dutchess County LEAH meetings Any other committee deemed continually necessary or beneficial by the Board. 5.2 Committees may be formed or dissolved by the Board at their discretion. 10

11 5.2.1 Formation of a committee shall be by majority vote of the Board Dissolution of a committee shall be by two-thirds (2/3) majority vote of the Board. Reasons for dissolution may include, but are not limited to, unwillingness of any member to serve as the Committee Coordinator or the committee becoming obsolete or unneeded. Section 6: Vacancy 6.1 Any Board Member who is unable to fulfill his/her elected duties may resign by submitting a written letter of resignation to the Chapter Leader(s), unless the Officer resigning is the Chapter Leader in which case the letter shall be submitted to the Secretary. Unless otherwise specified in the notice, the resignation shall take effect upon receipt thereof. Acceptance of such resignation shall not be necessary to make it effective. 6.2 Any Board Member, including the Chapter Leader(s), who is found by the Board to be unwilling or unable to perform his/her duties, and who has not submitted or agreed to submit a letter of resignation, may be removed from office by two-thirds (2/3) majority vote of the Board at any regular, special, or Board meeting, provided the member has been notified two (2) weeks in advance of the possibility of such action. Section 7: Voting 7.1 The Offices of Chapter Leader(s), Secretary, Membership Coordinator, Treasurer, Web Administrator, and Legislative Coordinator are each granted a vote on the Board, except as otherwise restricted in this section. 7.2 No committee shall have more than one (1) vote on the Board. Voting power of the Coordinator from a particular Committee shall be granted by majority vote of the Board at the time of creation of such committee. Said voting power may be removed by two-thirds (2/3) majority vote of the Board. 7.3 If a married couple shares a voting Office on the Board, that couple is allowed only a single vote on the Board for that Office. 7.4 If an individual holds multiple voting Offices on the Board simultaneously, that Board Member is still only allowed a single vote. ARTICLE VIII FINANCIAL STRUCTURE 11

12 Section 1: Budget Adoption The Dutchess County LEAH annual budget shall be approved by majority vote of the Board by the second quarterly Board Meeting of the fiscal year. Section 2: Determination of Dues 2.1 Annual membership dues shall cover the general operating expenses of the organization, including membership in NYS LEAH. 2.2 Additional fees may apply for participation in classes, activities, field trips, and special events as determined by the Board. 2.3 In cases of financial hardship, the organization may, at the discretion of the Board, establish a means to provide for the dues of those families unable to pay their dues. Disbursements shall then be at the discretion of the Chapter Leader(s), Treasurer, and Membership Coordinator. Section 3: Fiscal Year The fiscal year shall be from July 1 to June 30. Section 4: Collection of Dues The collection of dues shall be the responsibility of the Treasurer. Section 5: Financial Accounts All financial accounts shall be maintained in a separate account in the name of the Treasurer, for the purpose of collecting and disbursing the funds of Dutchess County LEAH. Section 6: Use of the Financial Accounts The Board shall institute the guidelines for use of the financial accounts and present guidelines to the general membership upon request. Section 7: Audit 7.1 The Board shall have the financial records of Dutchess County LEAH reviewed on at least an annual basis or at any other time desired. 7.2 An audit review shall include, at minimum, the Chapter Leader(s), Secretary, and two (2) Committee Coordinators. 12

13 ARTICLE IX MEETINGS Section 1: Board of Directors Meetings 1.1 The Board shall meet a minimum of four (4) times per year and whenever called by the Chapter Leader(s) or requested by at least four (4) other Board Members. 1.2 Each Board Member shall attend a minimum of two (2) regularly scheduled Board Meetings per year. Section 2: General Meetings General meetings of the organization shall be held monthly from August through May, with special meetings held at other times as directed by the Board. Section 3: Business Meetings Business of Dutchess County LEAH may be conducted at any general meeting or at any meeting called by the Board. ARTICLE X AMENDMENTS Section 1: By-laws 1.1 These By-laws shall be approved by a two-thirds (2/3) majority vote of all adult members, as defined by Article V 6.1, present at a meeting of the Dutchess County LEAH general membership. 1.2 Amendments to these By-laws may be proposed by any recognized committee, by any Board Member, or by twenty-five percent (25%) of member families. The proposed amendment(s) shall be submitted in writing to the Board at least two (2) weeks before the scheduled meeting of Dutchess County LEAH at which the proposal is to be made. 1.3 Amendments to these By-laws shall be approved by a two-thirds (2/3) majority vote of all member families present at a meeting of the Dutchess County LEAH general membership. The proposed amendment shall be distributed to the general membership at least (2) weeks prior to the scheduled meeting at which an acceptance vote is to be taken. 1.4 The organization s Purpose (as delineated in Article III) shall be consistent with the NYS LEAH By-laws. 13

14 1.5 The organization s Statement of Faith (as delineated in Article IV) shall be consistent with the NYS LEAH Statement of Faith. Section 2: Code of Conduct 2.1 The Dutchess County LEAH Code of Conduct (herein also referred to as Code of Conduct ), documented outside of these By-laws, must be inclusive of the NYS LEAH Code of Conduct. 2.2 The Code of Conduct shall be approved by a two-thirds (2/3) majority vote of the Board with a quorum present. 2.3 Amendment(s) to the Code of Conduct shall be approved by a two-thirds (2/3) majority vote of the Board with a quorum present. ARTICLE XI DISSOLUTION Upon recommendation of the Board and a two-thirds (2/3) majority vote of member families present at a special meeting called for this purpose, with all members having been notified in writing at least one (1) month prior, this organization may submit a petition for chapter dissolution to the NYS LEAH Regional Representative. Upon approval by NYS LEAH, this chapter may be dissolved and its activities closed. Upon the dissolution of Dutchess County LEAH, and after payment of all bills, proper claims, and liabilities, the remaining assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Adopted: September 11, 2012, by two-thirds majority vote Amended: June 14, 2016, by two-thirds majority vote Dutchess County LEAH Dutchess County, New York 14