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This is the full text of the THEA Constitution:
Amended and Approved by Membership
May 11th, 2006
Articles of Association
The undersigned, a majority of whom are citizens of the United States,
desiring to form a Non-Profit Association under the laws of the State
of Texas, do hereby certify:
FIRST: The name of the Association shall be Tarrant Home Education Association.
SECOND: There is no physical principal office of the Association
currently or planned. The Post Office Box serves as a more constant
point of con- tact, it is P.O. B. 331834- Fort Worth, TX 76163.
THIRD: Said association is organize exclusively for
charitable, religious, educational and scientific purposes, including
for such purposes, the making of distributions under Section 501 (c)(3)
of the Internal Revenue Code of 1954 (or the corresponding provision of
any future United States Internal Revenue Law).
FOURTH: The names and addresses of the persons who are the initial trustees, directors, elders, etc. of the association are as follows :
Address
The names and addresses of the initial trustees have been removed
for privacy purposes. You may obtain them from the VP of Membership.
FIFTH: No part of the net earnings of the association shall
inure to the benefit of, or be distributable to its members, trustees,
officer, or other private persons, except that the association shall be
authorized and empowered to pay reason- able compensation for services
rendered and to make payments and distributions in furtherance of the
purposes set forth in Article Third hereof. No substantial part of the
activities of the association shall be carrying on of propaganda, or
other- wise attempting to influence legislation and the association
shall not participate in, or intervene in (including the publishing and
distribution of statements) any political campaign on behalf of any
candidate for public office.
NOTWITHSTANDING an other provision of these Articles, the association
shall not carry on any activities not permitted to be carried on (a) by
an organization exempt from Federal income tax under Section 501 (c)
(3) of the Internal Revenue Code of 1954 (or the corresponding
provision of any future United States Internal Revenue Law) or (b) by
an organization, contributions to which are deductible under Section
170(c)(2) of the Internal Revenue Code of 1954 (or the corresponding
provision of any future United States Internal Revenue Law.)
SIXTH: Upon the dissolution of the association, the Board
of Trustees (directors, elders, etc.) shall, after paying or making
provision for the payment of all of the liabilities of the association,
dispose of all of the assets of the association exclusively for the
purposes of the association in such manner, or to such organization or
organizations organized and operated exclusively for charitable,
educational, religious or scientific purposes as shall at the time
qualify as an exempt organization or organizations under Section 501
(c)(3) of the Internal Revenue Code of 1954 (or the corresponding
provision of any future United States Internal Revenue Law) as the
Board of Trustees (directors, elders, etc.) shall determine. Any such
assets not so disposed of shall be disposed of by the Court of Common
Pleas of Tarrant County , exclusively for such purposes or to such
organizations, as said Court shall determine, which are organized and
operated exclusively for such purposes.
IN WITNESS THEREOF, we have hereunto subscribed our names, this 9th day of January 1995.
Names and Signatures removed for privacy purposes. A written copy may be obtained from the VP of Membership
Article VII. Purpose
The purpose of this organization shall be to encourage, inform and
support home educators, respecting the autonomy of each individual
family and their right to educate at home.
Objectives
a. Growth - encourage dialogue between home educators.
b. Provide support for the membership by offering:
1.information on outlets for expressing creative and academic achievements (such as a science fair);
2. information for the support of co-op groups within the larger group (such as curriculum-related groups
and age-related groups);
3. a directory of members containing pertinent information for the purpose of networking.
c. Consider affiliation and participation with a state, national and/or
international home education organization as the need develops.
Article VIII. Basic Policies
The following are basic policies of THEA:
1. the organization shall be noncommercial, nonsectarian and nonpartisan;
2. this organization maintains its identity as a professional
organization advocating home education and does not necessarily reflect
the views of each individual home school or group of home educators as
they pertain to issues of religion, race, educational method, doctrine,
or disciplinary concept;
3. the name of the organization or the names of any members in their
official capacities shall not be used to endorse or promote a
commercial concern or in connection with any partisan interest or for
any purpose not appropriately related to the promotion of the
Objectives of this organization;
4. the organization shall not directly or indirectly participate or
intervene in any political campaign on behalf of, or in opposition to,
any candidate for public office, but shall provide a nonpartisan
vehicle for presenting legislative issues in regard to home education;
5. the organization shall not be affiliated with any specific religion
nor participate in any religious activity that is prejudiced in favor
of one sect or belief system, but shall provide a nonsectarian vehicle
for presenting religious issues in regard to home education;
6. the organization shall not enter into membership with other
organizations except local, state, national, or international
organizations as may be approved by the executive board of the
organization; THEA or any of its participating home schools may
cooperate with other organizations and agencies concerned with child
well-being, but a THEA representative shall make no commitments that
bind the group he/she represents;
7. notwithstanding any other provision of these articles, the
organization shall not carry on any other activities not permitted to
be carried on (i) by an organization exempt from Federal income tax
under Section 501 (c)(3) of the Internal Revenue Code, or (ii) by an
organization, contributions to which are deductible under Section 170
(c)(2) of the Internal Revenue Code.
Article IX. Members and Dues
Section 1. Anyone desirous of promoting the Purpose and
Objectives of this organization may be a member without regard to race,
color, creed, national origin, religious affiliation or educational
method.
Section 2. This organization shall conduct an annual enrollment of members, but may admit persons to membership at any time.
Section 3. Each member of this organization shall pay such
annual dues as may be prescribed by the organization to be a member in
good standing.
Section 4. Categories of Membership shall be:
1. Regular Member - receives regular newsletters and regular mailings;
may participate in workshops, scheduled activities and members'
meetings; may serve in any elected or appointed position; and may vote
in any election;
2. Supporter Member - receives regular newsletters and regular
mailings; may attend workshops and scheduled activities; may not vote
or serve in any elected or appointed position.
Section 5.
A membership year shall begin July 1 of each year and end June 30 of the following year.
Article X. Officers and Their Election
Section 1. Each officer shall be a THEA member in good standing.
Section 2. The officers and their election
1. The officers of THEA shall consist of a president, a vice-president
of membership, a vice-president of communications, a vice-president of
programs, a vice-president of field trips, a secretary, a treasurer,
and an historian/parliamentarian.
2. Officers shall be elected by ballot in the month of March.
3. The secretary and treasurer shall each serve a two (2) year term.
The secretary's term shall begin on an even numbered year and the
treasurer's term shall begin on an odd numbered year.
4. Incoming officers shall assume their official duties following the close of the June executive board meeting.
5. All officers, except the secretary and treasurer, shall serve for a term of one (1) year.
6. No officer shall serve in the same office for more than two (2) consecutive terms.
Section 3. Nominating Committee
1. There shall be a member-wide request for volunteers to serve on the
nominating committee which shall be composed of an odd number of
members who are all in good standing. The committee shall elect its
chairperson at the second required members' meeting of the fiscal year.
2. The nominating committee shall nominate an eligible person for each
office to be filled and report its nominees by mail to the membership.
3. Only those persons who have signified their consent to serve if elected shall be nominated for or elected to such office.
4. No member shall automatically serve on this committee because of his/her office in THEA.
5. The president does not serve as a member of this committee, nor does he/she appoint any member of this committee.
6. The nominating committee shall be responsible for tallying the votes and reporting the results to the members.
Section 4. Vacancies
1. A vacancy occurring in any elected office shall be filled for the
unexpired term by a person elected by a majority vote of the executive
board, notice of such election having been given to the members.
2.In case a vacancy occurs in the office of President, the Historian /
Parliamentarian shall stand in until the office can be filled for the
unexpired term by a person elected by a majority vote of the executive
board, notice of such election having been given to the members.
Section 5. Reason to remove
1. By two-thirds (2/3) vote of the executive board, an officer or
chairperson may be removed from office for failure to perform duties.
2. An officer or chairperson who misses three (3) consecutive meetings may be removed from office.
Article XI. Duties of Officers
Section 1. The President shall:
1. coordinate the officers and committees of the organization in order that the Purpose and its Objectives may be promoted;
2. confirm that a majority of the executive board is present before conducting any business or taking any vote;
3. preside at all the meetings of the organization;
4. appoint chairpersons of special committees subject to the approval of the executive board;
5. be authorized to sign on bank accounts (two (2) of the three (3) authorized signatures shall be required on all checks);
6. call a meeting of the officers for the purpose of selecting standing committee chairpersons;
7. be a member ex-officio of all committees except the nominating committee;
8. vote only in the event of a tie vote by the executive board or organization;
9. perform such other duties as may be prescribed in these bylaws, or assigned by the executive board or the organization.
Section 2. The Vice-president, Membership shall:
1. act as aid to the president;
2. preside in the absence of the president;
3. serve as chairperson of the Membership Committee;
4. be authorized to sign on bank accounts (two (2) of the three (3) authorized signatures shall be required on all checks);
5. maintain a membership list;
6. perform other duties as assigned by the president or organization.
Section 3. The Vice-president, Communications shall:
1. act as aid to the president;
2. serve as the chairperson of the Newsletter Publication Committee;
3. perform other duties as assigned by the president or organization.
Section 4. The Vice-president, Programs shall:
1. act as aid to the president;
2. serve as chairperson of the Program Committee;
3. perform other duties as assigned by the president or organization.
Section 5. The Vice-president, Field Trips shall:
1. act as aid to the president;
2. serve as the chairperson of the Field Trip Committee;
3. perform other duties as assigned by the president or organization.
Section 6. The Secretary shall:
1. record the minutes of all meetings of the organization;
2. submit abridged minutes for newsletter publication;
3. have a current copy of the bylaws;
4. perform other duties as assigned by the president or organization.
Section 7. The Treasurer shall:
1. have custody of all the funds of the organization;
2. keep books of account and records including bank statements,
receipts, budgets, invoices, paid receipts and canceled checks for five
(5) years;
3. make disbursements as preauthorized by the executive board;
receipts/documentation are to be submitted to the treasurer by the next
board meeting;
4. make reimbursements for submitted expenses with proper receipts/documentation as preauthorized by the executive board;
5. sign on bank accounts (two (2) of the three (3) authorized signatures shall be required on all checks);
6. present a financial statement at members' meetings, executive board
meetings, and at other times when requested by the organization or
executive board;
7. make a full report at the June executive board meeting at which new officers assume their duties;
8. be responsible for the maintenance of such permanent books of
account and records as shall be sufficient to establish the items of
gross income, receipts and disbursements of the organization, including
specifically, the number of its members and the dues collected from its
members;
9. submit books to the auditing committee at least thirty (30) days
before the first members' meeting of the fiscal year and as requested;
10. perform other duties as assigned by the president or organization.
Section 8. The Historian/Parliamentarian shall:
1. act as custodian of all records and materials pertinent to the
history of the organization, and shall compile and keep a record of
events and activities to be presented as the official history to the
general body for adoption at the first members' meeting of the fiscal
year;
2. act as advisor on matters of parliamentary procedure when requested;
3. perform other duties as assigned by the president or organization.
Section 9. All officers shall:
1. submit a plan of work to the executive board for approval prior to implementation;
2. perform the duties outlined in these bylaws and those assigned from time to time;
3. deliver to their successors or the president all official materials
at the June executive board orientation meeting at which time their
successors assume their duties.
Article XII. Members' Meetings
Section 1. There shall be at least three (3) members' meetings of the organization held each fiscal year:
Meeting 1 (e.g. Aug./Sept.) - budget adoption audit committee report historian record adoption
Meeting 2 (e.g. Dec./Jan.) - nominating committee formation
Meeting 3 (e.g. May/June) - introduction of incoming executive board officers.
Section 2.
Members' meetings shall be determined by the executive board. Dates and
times are to be established by the executive board at its first meeting
of the year. Five (5) days notice shall be given if a change of date is
needed.
Section 3.
Special members' meetings may be called by the president, or by a
majority of the executive board, fifteen (15) days notice having been
given.
Section 4.
A vote of a simple majority of members assembled shall constitute a
quorum for the transaction of business in any members' meeting.
Article XIII. Executive Board
Section 1.
The executive board shall consist of the officers of the organization.
Section 2.
Standing and special committee chairpersons shall not vote on the executive board.
Section 3.
The duties of the executive board shall be to:
1. transact necessary business in the intervals between members'
meetings and such other business as may be referred to it by the
organization;
2. create standing and special committees;
3. approve the plans of work of all officers and committee chairpersons;
4. present a year-to-date report at the members' meetings (individually or collectively);
5. appoint an auditing committee consisting of not less than three (3)
members to audit the treasurer's accounts; the committee shall meet at
least thirty (30) days before the first members' meeting of the fiscal
year;
6. prepare and submit a budget for the year to the organization for adoption at the first members' meeting of the fiscal year;
7. approve bills within the limits of the available funds, prior to expenditures;
8. fill vacancies of officers and chairpersons.
Section 4. Executive Board Meetings
1. Executive board meetings shall be held prior to each members' meeting.
2. The time and place of the executive board meetings will be announced
by the board and published in the August newsletter after the first
executive board meeting of the year.
3. A simple majority of the executive board members shall constitute a quorum.
4. The June executive board meeting shall be attended by the presiding
and incoming executive board officers for the purpose of orientation.
The incoming officers shall assume their official duties following the
close of the June executive board meeting.
5. Special meetings of the executive board may be called by the
president or by a majority of the members of the board, notice being
given to all executive board members. Decisions made at special
meetings shall be communicated to the members in a timely manner.
Article XIV. Standing and Special Committees
Section 1.
Only members of the organization shall be eligible to serve in any
elective or appointive position with one exception and that is the
Supporter Member, who may not serve in any elected position.
Section 2.
The executive board may create such standing and special committees as
it may deem necessary to promote the Purpose and its Objectives and to
carry on the work of the organization. The term of each chairperson
shall be for one (1) year, unless reappointed for the following year by
the executive board.
Section 3.
The newly elected president shall call a meeting of the officers for
the purpose of selecting standing committee chair person (s).
Section 4.
The chairperson of each standing and special committee shall present a
plan of work to the executive board for approval. No committee work
shall be undertaken without the consent of the executive board.
Section 5.
The president shall have the power to appoint special committees subject to the approval of the executive board.
Section 6.
The president shall be a member ex-officio of all committees except the nominating committee.
Article XV. Fiscal Year
Section 1.
The fiscal year of this organization shall begin July 1 and end June 30 the following year.
Section 2.
An auditing committee consisting of not less than three (3) members
shall be appointed by the executive board at least thirty (30) days
before the first members' meeting of the fiscal year.
Section 3.
The audit committee report shall be adopted by the executive board and
presented to the membership at the first members' meeting of the fiscal
year.
Article XVI. Parliamentary Authority
The rules contained in the current edition of Robert's Rules of Order Newly Revised
shall govern THEA and its body in all cases in which they are
applicable and in which they are not in conflict with this constitution
and/or bylaws.
Article XVII. Amendments
Section 1.
This constitution and/or bylaws may be amended at any members' meeting
by a two-thirds (2/3) vote of the members present and voting. Notice of
the proposed amendment shall have been given at the previous members'
meeting or thirty (30) days prior to the meeting at which the amendment
is voted upon.
Section 2.
A committee may be appointed to submit a revised set of bylaws as a
substitute for the existing constitution and/or bylaws only by majority
vote at a members' meeting, or by two-thirds (2/3) vote of the
executive board. The requirement for adoption of a revised set of
bylaws shall be the same as in the case of an amendment.
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