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VERMONT PRINCIPALS' ASSOCIATION BYLAWS Amended May 2, 2007 The name of the Corporation shall be "The Vermont Principals' Association, Inc." ("VPA" or "Corporation"). The Corporation is a voluntary organization of Vermont schools and administrators. The Corporation shall affiliate with the National Association of Secondary School Principals ("NASSP"), the National Association of Elementary School Principals ("NAESP"), and the National Federation of State High School Associations ("NFSHSA"). The purposes of the Corporation shall be: 1) to promote educational opportunities for Vermont students; 2) to promote professional growth for educational leaders; 3) to organize and supervise state wide interscholastic activities; 4) to do other work that promotes the educational mission of the VPA. Section 1. Institutional Membership. Any school in Vermont approved by the State Board of Education is eligible to become an institutional member of the corporation. The chief administrator of that school or designee shall be the official delegate of that school and shall be entitled to vote for that school on activity matters and also to serve on committees related to activities. Associate Membership. Any professional educator employed by a Vermont school approved by the State Board of Education is eligible to become an associate individual member of the Corporation. An associate institutional member shall have the privileges as set forth in these bylaws except the right to vote in meetings of the Corporation. Associate institutional members may vote on activity committees of the Corporation. Section 2. Individual Membership Active--Any licensed administrator working in a Vermont school approved by the State Board of Education and eligible for membership in the National Association of Secondary School Principals or the National Association of Elementary School Principals is eligible to become an individual active member of the Corporation. Active members may hold office, serve on committees and vote on professional agenda matters at meetings of the Corporation. Associate--Any professional educator employed by a Vermont school approved by the State Board of Education is eligible to become an associate member of the Corporation. Associate individual members may serve on committees, but may not vote at meetings of the Corporation nor hold office. Retired--Any retired administrator who met the qualifications of this article while active, may become a retired individual member of the Corporation. Retired individual members may serve as consultants to committees or as members of committees appointed by the Executive Council, but may not vote at meetings of the Corporation. One seat on the Executive Council may be filled by a retired member of the VPA with full voting rights on the Executive Council. ARTICLE 4. DUES AND MEMBERSHIP FORM Section 1. Institutional The institutional assessment for schools with any students in grades seven through twelve shall be determined annually by vote of the delegates of member institutions. The assessment shall be based on the October 15 student count average daily membership ("ADM") count under the same standards applied by the Vermont Department of Education from the Previous year. Institutional dues shall be payable by September 1. The principal shall sign the annual institutional membership form and submit it with the dues payment. The form shall confirm agreement that the school will abide by VPA rules.
The home study assessment maybe determined annually by vote of the delegates of member institutions. A membership form shall delineate the privileges and responsibilities of home study programs and shall be signed by the parent and/or teacher. Section 3. Individual The membership dues for individual active, associate and retired members shall be determined annually by vote of the individual active members. These dues, plus NASSP and NAESP dues, shall be billed each member at the beginning of each school year and shall be payable by October 1. The fiscal year of the Corporation shall begin on July 1 and end on June 30. All income, from whatever source, including institutional dues, income from student activities, personal dues and income derived from student-related activities, shall be kept in one account and all disbursements from that account shall be for: (1) supervision and/or support of student-related activities; (2) activities related to the growth and welfare of administrators; (3) salaries of Corporation employees and general overhead expenses of the Corporation (4) any other expenses related to the purpose and policies of the Vermont Principals' Association. Annually and from time to time, the Executive Council, on recommendation of the Executive Director, shall decide what amounts shall be allocated to the salaries of the employees and the other expenses of the Corporation. Section 1. Officers Officers of the Corporation shall be a President and a President-elect who shall be elected at the annual business meeting of the Corporation by vote of all individual members of the Corporation for a term of two (2) years, and who shall serve beginning July 1 of the same year until their respective successors are elected, and an Executive Director who shall be appointed annually by the Executive Council to serve until a successor is appointed. To be nominated, candidates for President and President-elect must have been members of the Executive Council. The President shall be the chief executive officer of the Corporation and shall have the powers, duties and responsibilities usually associated with the office. In the absence or incapacity of the President, the duties of the chief executive officer will be performed by the President-elect. The Executive Director shall keep all corporate records and receive and account for all corporate funds, and shall perform other duties as shall be assigned by the Executive Council. Section 2. Nominating Committee A nominating committee shall be appointed by the President to submit a slate of officers consisting of President, President-elect, NASSP Coordinator, NAESP State Representative, and members of the Executive Council, to the annual meeting. Section 3. Executive Council There shall be an Executive Council of fifteen (15) members consisting of the President and President-elect of the Corporation, the NASSP Coordinator and the NAESP State Representative, Past President, Associate/Assistant Principal, Technical Director elected at an annual meeting of the Corporation; and eight (8) member-representatives. The terms of office for the member-representatives shall begin on July 1 following election by the institution members and continue for two consecutive three (3) year terms or when an officer's term of office is over. In cases of vacancies the Council will appoint the representative to complete the year (i.e., ending the following June 30). The appointee will be able to serve two of his/her own full terms starting with the next year. Balance, based on such factors as level of assignment, size of school, gender, and geographical distribution shall be considered whenever there are openings. The Executive Council shall act as the governing body of the Corporation. The Council shall establish a budget for the member school funds and budget for professional dues and funds, and shall approve all expenditures from both funds. The Council shall have the authority to appoint any necessary committees and delegate responsibilities to those committees. The Executive Council may act in regular or special meetings, and may conduct meetings by electronic means. Regular meetings will occur at least four times in the calendar year at such times as will be established by the Executive Council. Special meetings may be called if at least three (3) council members request it. Notice of regular or special meetings shall be sent to all council members by the Executive Director. A majority of the members of the Executive Council constitutes a quorum for the transaction of business. Section 4. Committees There shall be one (1) standing committee, the Activities Standards Committee, and such additional Committees as the Executive Council shall from time to time authorize. Activities Standards Committee The Activities Standards Committee shall appoint, coordinate and approve the work of all activities committees; interpret and enforce eligibility regulations for interscholastic activities; recommend policy changes to the Executive Council for review and presentation to the official delegates of member schools; conduct hearings involving probable violations of the bylaws and policies; conduct pilot and experimental programs with respect to any activity; and, perform such other duties as assigned by the Executive Council. There shall be eleven members of the ASC. The ASC members shall be elected by the institutional membership at the annual meeting. The terms of office for the ASC members shall begin on July 1. Members may serve two consecutive three-year terms. In cases of vacancies the Council will appoint the representative to complete the year (i.e. ending the following June 30). The appointee will be able to serve two of his/her own full terms starting with the next year. Activities Committees The Activities Standards Committee will appoint committees annually to supervise individual activities sponsored by the VPA. Regional Principal groups may recommend members to activities committees. Membership on activities committees will commence August 1. Each committee will elect a chairperson for the year at its first meeting. Non-members of the VPA may serve as consultants, but only active and associate members will vote on committee matters. Other committees The Executive Council may establish such other committees as it deems appropriate. The Executive Council shall establish the membership, term of appointment and responsibilities of such committees. Section 5. Business and Professional Meetings Ten (10) calendar days' notice by mail or e-mail shall be addressed to each institutional and individual member of the Corporation by the Executive Director setting forth the time and place of the annual meeting of the corporation’s members with a statement of the business scheduled for the meeting. Reasonable advance notice shall be provided for all other meetings. A quorum for all regular and special business meetings of the Corporation shall be fifteen (15) members of record of that date. Special business meetings of the Corporation may be called at any time by the Executive Council, upon the notice aforesaid, and shall likewise be called upon written request of ten percent (10%) of the active membership. Robert's Revised Rules of Order shall govern all business meetings of the Corporation and all meetings of regular and/or ad hoc committees of the Corporation. ARTICLE 7. AMENDMENTS; BYLAWS AND POLICIES Section 1. Bylaws Bylaws may be adopted, amended or repealed at any business meeting of the Corporation provided prior notice thereof has been given to the members as herein provided for annual and special business meetings of the Corporation. Approval will require two-thirds (2/3) majority of the individual members of record present. Proposals for amendments to or changing the bylaws must be duly warned to the membership no less than ten (10) calendar days prior to the date of the proposed meeting. Proposals for amendments to or changing the bylaws may be generated by the Executive Council or by Corporation members. When the proposal is forthcoming from corporation members, a petition for proposed amendments or changes to the Bylaws must be presented to the Executive Director with the signatures of five percent (5%) of the individual Corporation members by February 1, for consideration at the annual business meeting of the Corporation, and no less than sixty (60) calendar days prior to any special business meeting of the Corporation. All such proposed changes will be considered by the Executive Council and its position will be made known to the membership when the warning for the meeting is published. Such proposals may be edited for consistency with the language of the Bylaws, and may be reviewed for legal implications but no changes may be made in the substance of the proposal. Section 2. Policies All policies
governing student activities shall be voted by the Activities Standards
Committee subject to the approval by the Executive Council. The
Executive Council may require that the members of the Corporation
vote on any policy. If the Executive Council submits a policy affecting
activities for decision by the members, one (1) delegate per member
institution shall vote on activities items. Upon receipt of the proposals, the Executive Director will refer the proposal to the Activities Standards Committee which will consult the appropriate activity committee and make a recommendation to the Executive Council. The Council will review the matter and take such action as it deems appropriate. ARTICLE 8. ENFORCEMENT AND APPEALS Section 1. Disciplinary Action A. Investigation. When alleged violations of VPA policies or rules are reported, the Executive Director shall investigate any alleged violations in person or through a designated representative. B. Notice of Probable Violation. If the Executive Director or designee determines from the preliminary investigation that a probable violation has occurred, the Executive Director or designee shall give to the alleged violator written notice of the probable violation. The written notice shall contain the charges made, a recommended penalty and a copy of the preliminary investigation report, if a report has been prepared. The notice shall also advise the alleged violator of his/her/its opportunity to be heard before the Activities Standards Committee. C. Opportunities to be Heard. The alleged violator may accept the notice and recommended penalty, or may file an appeal with the Activities Standards Committee. The alleged violation and penalty shall be final unless the alleged violator submits to the Activities Standards Committee a written appeal with a written explanation of his/her version of the events within seven (7) calendar days of the date of the Notice of Probable violation. D. Request for Hearing. A hearing (either in person or by electronic means) will be set, provided a request is made in writing and delivered to the Executive Director or designee within seven (7) calendar days from the date of the Notice of Probable Violation. E. Evidence, Right to Counsel. If a hearing is requested, it will be set to be heard within fourteen (14) school days from the request. The alleged violator may introduce evidence and may be represented by counsel. Evidence may be in the form of testimony, affidavits, written reports, electronic recordings or other information that may assist the Committee in making its decision. F. Closing of Hearings. After the presentation of evidence, the Activities Standards Committee shall declare the hearings closed. G. Reopening of Hearings. The hearings may be reopened by the Activities Standards Committee or upon application in writing of any party at any time before the decision is made. H. Modification of Deadline. The Activities Standards Committee may modify any period of time governing its proceedings by mutual agreement or for good cause. I. Time of Decision. The decision shall be made by the Activities Standards Committee within seven school days after the closing of hearings or seven (7) school days after review of the written explanation, if no request for a hearing is made. The decision shall be mailed by the Activities Standards Committee to each party by certified mail, return receipt requested. J. Decision. The findings and decision of the Activities Standards Committee shall be in writing. The Committee may assess appropriate sanctions, which may include, but are not limited to, warnings, forfeitures, prohibitions from competitions, suspension, expulsion of membership, and individual bans or suspensions. K. Suspensions. The Executive Director or designee (in order to maintain the status quo or to enforce a policy that could become substantially unenforceable due to the passage of time including policies requiring immediate disqualification from contests or games) on a temporary basis, may suspend schools, students, and VPA Tournament officials from participation in athletic events prior to a final determination of any appeal. In such event, the suspension shall be continued for no longer than is reasonably necessary for the Activities Standards Committee to convene a hearing if one is requested by the affected parties. L. Proper Parties. Only schools shall have the right to challenge discipline assessed against the school or the school’s teams. Individuals connected with the school or the affected team may not challenge discipline that is assessed against the school or the team. Section 2. Appeals From Committee Action A. Any VPA Committee action or decision may be appealed directly to the Activities Standards Committee for determination. The principal of the school involved must formally notify the Executive Director or designee in writing of the appeal, the grounds of the appeal, and whether the school intends to present evidence in support of the appeal, within seven calendar days of receiving notice of the Committee action or decision. The Executive Director or designee shall then schedule a session of the Activities Standards Committee to hear the appeal. The Committee shall conduct the appeal in accordance with the procedures described in the preceding section. Actions or decisions addressing a school or a school team may only be appealed by the school. Individuals connected with the school or affected team may not challenge actions or decisions that are made concerning schools or teams. B. The Executive Director or designee shall then notify the principal of the date, time and place of the hearing, which may be conducted by telephone. C. The Activities Standards Committee may determine whether its decision will be effective immediately or will be stayed pending review by the Board of Appeals. D. Any decision of the Activities Standards Committee may be appealed to the Executive Council under the same procedural rules that apply to ASC appeals. Section 3. Board Of Appeals A. Jurisdiction and Organization 1. The Executive Council shall appoint a Board of Appeals when needed to hear an appeal. 2. The Board of Appeals shall consist of five (5) VPA members, and three appointees from other educational organizations, including one superintendent, one teacher, and one school board member. The appointments from other educational organizations would be made in consultation with the Vermont Superintendents' Association, the Vermont NEA, and the Vermont School Boards' Association. Five duly-appointed members of the Board of Appeals must be present to hear and determine any appeals. 3. The Board of Appeals shall appoint one of its members to preside as Chair over the hearings of any appeal and the presiding member shall control the manner and presentation of the evidence presented at the hearing of the appeal. B. Procedure 1. All appeals must be sent to the Board of Appeals through the Executive Director or designee and shall be postmarked within seven (7) calendar days after receipt of the decision from which the appeal is taken. This notice of appeal must contain (1) copy of the decision appealed from; (2) the grounds on which the appeal is based; and (3) the names of all interested parties. 2. The Board of Appeals shall give notice of the hearing to all interested parties designated as such in the notice of appeal. The hearing may be held by electronic means. 3. At the hearing on the merits, the Chair of the Board of Appeals shall preside. A board member who has a conflict of interest shall disqualify himself/herself from participation in the hearing. 4. At the hearing, the Board of Appeals shall receive evidence in the form of testimony, affidavits, written reports, electronic recordings or other information that may assist their decision. All interested parties shall have full opportunity to present evidence. The Board may recess a hearing to obtain additional information or evidence. 5. The Board of Appeals shall make a prompt decision within seven (7) school days after the closing of the hearing; written findings and decisions supported by the evidence shall be mailed to each party by certified mail, return receipt requested. C. Legal Action: The VPA is a voluntary association, which is democratically governed. VPA member schools agree to abide by final decisions of the VPA. VPA members agree that litigation by members against the VPA undermines the VPA governance structure and wastes valuable resources that could otherwise be devoted to students. 1. Action Against the Association by a Member School. Any VPA member school which is a party to legal action in any court to overturn, stay, or enjoin any final decision of the VPA and is subsequently unsuccessful in seeking a verdict shall be liable for reasonable costs and attorney’s fees incurred by the Association in defending against such action. 2. Should the Association be forced to initiate legal action to collect the aforementioned costs and attorney’s fees, the member school shall be additionally liable for the Association’s reasonable costs and attorney’s fees resulting from the collection action. |
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