New Mexico Council of Administrators of Special Education (NMCASE) Constitution

(By-laws to the Articles of Incorporation)
(Amended June 21, 2016)

Article I – Name

Section 1. The name of this organization shall be the New Mexico Council of Administrators of Special Education hereinafter referred to as NMCASE.

Section 2. NMCASE shall be an affiliate of the Council of Administrators of Special Education (CASE) a division with the Council for Exceptional Children (CEC).

Article II – Purpose

NMCASE is a unit of the Council of Administrators of Special Education, Inc. (CASE), which is an international professional educational organization affiliated with the Council for Exceptional Children whose members are dedicated to the enhancement of the worth, dignity, potential, and uniqueness of each individual in society. The Council of Administrators of Special Education, Inc. provides leadership and support to members by influencing policies and practices to improve the quality of education. CASE, Inc. was constituted in 1952 and has over 4800 members throughout the United States, Canada, and various other countries. www.nmcase.org

The NMCASE is organized to promote professional leadership, provide opportunity for study of problems common to its members, and to communicate through discussion and publications information that will develop improved services for students with exceptionalities, their families, educators, and service providers. 

Article III – Membership

Section 1. ACTIVE MEMBERSHIP shall be available to members of the Council for
Exceptional Children (CEC) and the Council of Administrators of Special
Education (CASE) who administer, direct, supervise, and/or coordinate a
program, school, or classes of special education for students with exceptionalities in one
or more categories as a major responsibility and college faculty whose major responsibility is the professional preparation of administrators of special education. Active membership entitles the member to attend all meetings of the division, to vote on all national and state questions presented to the membership, to serve as a committee chairperson, to run for national and state office and to be a national or state award recipient.

Section 2. FRIENDS OF NMCASE shall be available to those who are interested in the
administration of programs or services for students with exceptionalities, but who are not
otherwise eligible for active membership. A Friend of NMCASE may attend all meetings of the division, receive all communications sent to the membership, and are eligible for any membership discounts for professional development activities sponsored by NMCASE.  However, Friends of NMCASE are non-voting and may neither hold elective office nor serve as committee chairpersons.

Section 3. CORPORATE FRIENDS OF NMCASE shall be available to those corporations interested in sponsoring NMCASE in their efforts of providing programs or services for students with exceptionalities, but who are not otherwise eligible for active membership. A Corporate Friend of NMCASE may Display Corporate Logo/Poster at the NMCASE Tri-Annual meetings (*Signage cannot exceed 3’ x 3’ display); Placement of Corporate Logo on NMCASE website; Corporate Logo will be included at bottom of NMCASE Emails; Corporate information may be sent to members via NMCASE Membership Chair; May distribute Corporate literature at NMCASE membership tables at meetings; and provide a 10-minute presentation in return for providing snacks and drinks for the meeting. Corporations Friends must either:

  1. Be pre-approve/accepted through national CASE or

  2. Provide references from 2 school districts.

NMCASE reserves the right to terminate corporation membership. However, Corporate Friends of NMCASE are non-voting and may neither hold elective office nor serve as committee chairpersons.

Section 4. The membership year shall be based on a calendar year.

Article IV -- Fees

Section 1. The Executive Board shall recommend the amount of membership fees. The amount of membership fees shall be subject to approval of members at a general business meeting.
Membership fees are paid annually based on date of membership.

Section 2. All members shall be subject to the rate(s) established for payment of membership fees. 

Article V – Officers

Section 1. Conditions of Office

(a) Officers must be members in good standing of NMCASE, CASE, and CEC at the time of nomination and election, or willing to obtain it, and remain so throughout the term of office.

(b) NMCASE shall provide for the usual officers, (see Section 2, this article) as selected by systematic and democratic procedures, with appropriate authority to serve in the functions of their offices as described below.

(c) Should any officer not fulfill the functions of said office, the following procedures will be implemented.

1. A petition for removal of a NMCASE officer shall be made by at least five (5) NMCASE Officers by submitting this to the NMCASE President. If the NMCASE President is the subject of the petition, it should be submitted to the NMCASE President-Elect. Such a petition shall indicate the problems or concerns and indicate why the person in question should be removed from office.

2. The President (or President-Elect) in conjunction with at least two (2) other NMCASE Officers shall contact the person in question and shall establish a date to review the situation with this person.

3. At the time of the meeting, an outline should be developed listing the necessary corrective actions the person in question must take to fulfill the duties with timeline of his/her elected position.

4. If the corrective action is successful, the matter will be dropped and the person will remain in office.

5. If, after the time of probation, the person is not fulfilling the duties with timeline, the NMCASE President (or President-Elect) will present this matter, in writing, to the other NMCASE Officers.

6. The NMCASE Officers will present written notice of removal or recall to the person in question. The person will have thirty (30) days to submit to the NMCASE President (or President-Elect) a written notice of appeal.

7. Upon receipt of the appeal, the NMCASE President (or President-Elect) will turn the written appeal over to an Appeal Board. The Appeal Board shall be appointed by the NMCASE President (or President-Elect) and be composed of five (5) persons who are official members of the NMCASE organization.

8. The five (5) members of the Appeal Board shall be called together by the NMCASE President (or President-Elect). Meeting expenses will be covered by the NMCASE.

9. At the meeting of the Appeal Board, NMCASE Officers may be present, but will not be able to vote on the appeal. A majority vote of the Appeal Board will be necessary to overturn the NMCASE Officers’ decision to remove the elected NMCASE officer in question, effective upon written notification to that officer.

10. The officer whose appeal has been considered shall be provided the Appeal Board Decision in writing within fifteen (15) days.

Section 2. The NMCASE Officers shall be as follows: President, President-Elect,
Secretary, Treasurer, Membership, Legislative Representative, Website Manager, and Immediate Past President.

Section 3. The Officers of NMCASE shall each serve a two (2) year term.  All elected officers shall begin their duties following the election of officers at the first Fall NMCASE Membership Meeting.

Section 4. In case of vacancy occurring in the office of President, the President-Elect shall
assume the office of President. In case of vacancy in the office of President-
Elect, or in the event that he/she succeeds the President for any reason, the
office of President-Elect shall remain vacant until the next membership meeting of NMCASE. During the interim, however, the President, with the approval of the NMCASE Officers, shall appoint an acting NMCASE President-Elect until such replacement can be duly elected.

Section 5. In case of vacancy occurring in the office of Secretary, Treasurer, Membership, Legislative Representative or Website Manager, the NMCASE President, with approval of the NMCASE Officers, shall appoint a temporary replacement to serve until the next opportunity for election of a replacement to complete the unexpired term.

Section 6. PRESIDENT. The President shall preside over all general membership meetings of NMCASE and meetings of the NMCASE Officers. He/She shall appoint all standing and special committee chairpersons (except those specifically provided for in this constitution) subject to the approval of the NMCASE Officers, and shall be ex officio member of all committees with the exception of the Nominations and Elections Committee. This officer shall act for NMCASE between meetings, clearing whenever necessary, important actions with the Executive Board. The NMCASE President or such alternate as he/she may designate shall represent NMCASE at meetings of other groups where NMCASE representation is desired or required. 

Section 7. PRESIDENT-ELECT. The President-Elect shall serve in the event of
resignation or absence of the President. He/She shall have responsibilities as designated by the President. He/She shall accede to the office of President from the position of
President-Elect.

Section 8. SECRETARY. The Secretary shall circulate draft minutes to NMCASE Officers for approval, forward minutes to Website Manager for posting on website, and collaborate with NMCASE Officers to determine meeting agendas. He/She shall carry on correspondence as necessary in regard to matters as delegated by the NMCASE President.

Section 9. TREASURER. The Treasurer shall receive and disburse, upon proper
authorization, all funds of NMCASE. He/She shall keep an accurate record of
receipts and expenditures, and present a report at each NMCASE Membership Meeting.

Section 10. MEMBERSHIP. The Membership officer shall keep accurate records of all active members and Friends of NMCASE.  He/She shall promote membership at relevant NMCASE and New Mexico Public Education Department (NMPED) Special Education Bureau (SEB) activities. He/She shall forward correspondence to NMCASE Members as necessary in regard to matters as delegated by the NMCASE President.  He/She shall maintain an accurate membership list and present a report at each NMCASE Membership Meeting

Section 11. LEGISLATIVE REPRESENTATIVE. The Legislative Representative shall serve on the New Mexico Coalition of Educational Leaders’ (NMCEL) Legislative Committee.  He/She shall attend all NMCSA Legislative Committee meetings or arrange for a substitute to attend and present a report at each NMCASE Membership Meeting.

Section 12. WEBSITE MANAGER.  The Website Manager shall maintain and update the NMCASE Website.

Section 13. THE IMMEDIATE PAST PRESIDENT. The Immediate Past President shall
have responsibilities as designated by the President including, but not limited to, Nominations and Elections, any Constitutional/Policies issues, and Awards (i.e., The Maggie Cordova Administrator of the Year). In the event the Immediate Past President cannot serve, the President shall delegate these responsibilities to another NMCASE Officer or a previous Past President.

Article VI -- Meetings

The NMCASE membership shall meet at least annually. Changes in the time and place of the meetings shall be made upon recommendation of the NMCASE Officers who may also call additional membership meetings as deemed necessary.

Article VII – Executive Board and Board of Directors

Section 1. The NMCASE Officers shall be composed of the elected officers of NMCASE and the appointed chairpersons of any standing committees.

Section 2. The NMCASE Officers shall meet at such times as deemed necessary. It shall serve as advisor to the NMCASE President and shall approve appointment of members of standing and special committees. It shall approve appointments, as made by the NMCASE President, of an officer to fill a vacancy. It shall act upon matters of business that may arise between meetings of NMCASE Membership.

Article VIII -- Committees

Section 1. The standing committees may include: Constitution/Policies, Finance, Legislation, Awards, Scholarship, Communication, Liaison and Services to Members, Strategic Planning, Membership/Recruitment, Nominations and Elections, Convention, Professional Learning, and Interorganizational.

Section 2. The standing committee chairpersons and other special committee chairpersons
shall be appointed by the NMCASE President with the approval of the NMCASE Officers, unless otherwise specified in this document. The chairpersons, with the approval of the NMCASE President, shall select committee members as needed.

Section 3. The Nominations and Elections Committee shall be chaired by the Immediate Past President.  The Chair shall have the Call for Nominations disseminated to all members along with the eligibility criteria and the duties of each office to be elected prior to the election.  The election shall take place at the first Fall NMCASE Membership meeting. The Nominations and Elections Chair will carry out the election, will certify all voting members, and will tabulate the results with results reported to the membership in a timely manner.

Article IX – Parliamentary Authority

The rules contained in Roberts’ Parliamentary Law and the latest edition of Roberts’ Rules of Order Revised shall govern the NMCASE in all cases to which they are applicable, and in which they are not inconsistent with the articles of this Constitution.

Article X – Dissolution

Upon dissolution of NMCASE, the NMCASE Officers shall, after paying or making provisions for the payment of all liabilities, dispose of all the assets exclusively for the purposes of NMCASE in such manner, or to such organizations, the purposes of which are to serve the needs of students with exceptionalities, their parents, educators, and service providers. Under no circumstances shall any of the property or assets be distributed to any officer, member, employee, or subsidiary of NMCASE.

Article XI -- Amendments

The Constitution may be amended by a majority vote of the active members present at a membership meeting, provided the membership has been notified at least thirty (30) calendar days prior to the business meeting of intention for revisions.