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2021 Constitutional Amendments

The following amendments to the Constitution of the Louisiana Association of Educators are submitted to the Representative Assembly by the Constitution, Bylaws and Rules Committee

The Bill of Rights for Children

We, the people of Louisiana, in order to achieve a more perfect society, fulfill our moral obligations, further our founding ideals and preserve the continued blessings of liberty, do hereby proclaim this Bill of Rights for Children.

I. No child in a land of abundance shall be wanting for plentiful and nutritional food.

II. A society as advanced in medical knowledge and abilities as ours shall not deny medical attention to any child in need.

III. Whereas security is an essential requirement for a child’s healthy development, the basic security of a place to live shall be guaranteed to every child.

IV. To ensure the potential of the individual and the nation, every child at school shall have the right to a quality education.

V. The government, whose primary role is to protect and defend at all levels, shall assure that children are safeguarded from abuse, violence, and discrimination.

TABLE OF CONTENTS

CONSTITUTION

Preamble……………………………………………………………………………………1

Article I.   Name, goals, objectives, and authorities of governance………………………1

Section 1.   Name……………………………………………………………………1

Section 2.   Affiliation……………………………………………………………….1

Section 3.  Goals and objectives……………………………………………………1

Section 4.  Place of business……………………………………………………….1

Section 5.  Governance…………………………………………………………….1

Article II.  Membership...................................................................…………...................2

Section 1.   Classes of membership……………………………………………….2

Section 2.   Eligibility: provisions and limitations…………………………………2

Section 3.   Property interest of members………………………………………….2

Article III.  Representative Assembly……………………………………………………2

Section 1.  Accountability………………………………………………………….2

Section 2.  Allocation of delegates…………………………………………………2

Section 3.  Election of delegates……………………………………………………3

Section 4.  Meetings……………………………………………………………….3

Section 5.  Functions……………………………………………………………….3

Article IV.  Executive Officers……………………………………………………………3

Section 1.  Executive officers………………………………………………………3

Section 2.  Qualifications………………………………………………………….3

Section 3.   Elections, terms, and salaries………………………………………….4

Section 4.   Functions………………………………………………………………4

Section 5.   Ethnic minority guarantee…………………………………………….4

Section 6.   Succession and vacancies………………………………………………4

Article V.  Board of Directors…………………………………………………………….4

Section 1.  Functions……………………………………………………………….4

Section 2.  Composition……………………………………………………………5

Section 3.  Qualifications………………………………………………………….5

Section 4.  Terms………………………………………………………………….5

Section 5.  Apportionment…………………………………………………………6

Section 6.   Ethnic minority guarantee…………………………………………….6

Section 7.   Vacancies………………………………………………………………6

Article VI.  NEA Directors……………………………………………………………….6

Article VII.  Executive Committee………………………………………………………6

Section 1.  Functions……………………………………………………………….6

Section 2.  Composition……………………………………………………………6

Section 3.  Terms……………………………………………………………………7

Section 4.   Vacancies………………………………………….………………….7

ARTICLE VIII.   Recall and impeachment…………………………………………….7

Section 1.  Recall of officers………………………………………………………7

Section 2.  Impeachment……………………………………………………………7

ARTICLE IX.   Affiliates and special interests…………………………………………7

Section 1.  Affiliation………………………………………………………………7

Section 2.  Minority representation…………………………………………………7

Section 3. Rights of members………………………………………………………7

Section 4.  Standards and procedures………………………………………………7

Section 5.  Special interest groups………………………………………………….8

ARTICLE X.   Committees……………………………………………………………….8

Section 1.  Constitutionally authorized…………………………………………….8

Section 2.   Others……………………………………………………………………8

ARTICLE XI.   Amendments……………………………………………………………8

Section 1.   Methods……………………………………………………………….8

Section 2.   Process…………………………………………………………………8

Section 3.   Withdrawal…………………………………………………………….9

ARTICLE XII.   Duties of the Constitution, Bylaws and Rules Committee………….10

ARTICLE XIII.   Parliamentary authority…………………………………………….10

BYLAWS

1. Objectives……………………………………………………………………….10

2. Membership………………………………………………………………………11

2-1   Classes, dues, and rights…………………………………………………….11

2-2    Year…………………………………………………………………………12

2-3    Dues…………………………………………………………………………12

2-4    Dues transmittal…………………………………………………………….13

3. Representative Assembly……………………………………………………….13

3-1   Delegates…………………………………………………………………….13

3-2   Meetings: time and location…………………………………………………13

3-3   Format and program………………………………………………………….13

3-4   Standing Rules……………………………………………………………….14

3-5   Resolution sunset…………………………………………………………….14

3-6   Resolution content……….………………………………………………….14

4. Executive Officers……………………………………………………………….14

4-1 Powers and duties of the president…………………………………………….14

4-2 Powers and duties of the vice-president……………………………………….15

5. Board of Directors……………………………………………………………….15

5-1   Elections……………………………….…………………………………….15

5-2   Vacancies…………………………………………………………………….15

5-3   Membership restrictions………………………………………………………15

5-4   Fiscal powers………………………………………………………………….16

5-5   Meetings…………………………………………………………………….16

6. Elections………………………………………………………………………….16

6-1   Election of Officers……………………………………………………………16

6-2   NEA State Delegates………………………………………………………….18

7. Executive Committee……………………………………………………………….18

 7-1   Elections..................................................................................................18

7-2 Vacancies…………………………………………………………………….18

7-3 Membership Restrictions……………………………………………………….18

7-4 Fiscal powers………………………………………………………………….18

7-5 Meetings……………………………………………………….…………….18

8. Recall and impeachment…………………………………………………………19

8-1 Recall of officers………………………………………………………………19

8-2 Discipline of officers and members……………………………………………19

9. Affiliates and special interest groups……………………………………………19

9-1 Affiliates…………………………………………………………….……….19

9-2 LAE-retired…………………………………………………………………….20

9-3 LAE-student program…………………………………………………………20

9-4 Governance affiliates………………………………………………………….20

9-5 Standards for local affiliates……………………………………………………20

9-6 Charter for affiliation…………………………………………………………21

9-7 Discipline of a local………………………………………………………….21

10. Executive Director and staff………………………………………………………21

10-1 Executive Director…………………………………………………………….21

10-2 ExecutiveDirector: functions…………………………………………………21

10-3 Staff principles……………………………………………………………...21

10-4 Associate Executive Director………………………………………………….22

11. General Finance………………………………………………………………….22

11-1 Fiscal year…………………….…………………………………………….22

11-2 Budget……………………………………………………………………….22

11-3 Financial reports…………………………………………………………….22

12. Committees……………………………………………………………………….22

12-1 Standing Committees: establishment and accountability……………………22

12-2 Special Committees: establishment and functions............................................23

12-3 Ethnic minority guarantee…………………………………………………….23

12-4 Appointments, qualifications, and vacancies………………………………….23

13. Open meetings………….……………………………………………………….23

13-1 Open meetings……………………………….…………………………….23

13-2 Proxy voting………………………………………………………………...23

13-3 Procedures for executive session…………………………………………….23

13-4 Reasons for executive session…………………………………………………24

13-5 Prior notice of association meetings………………………………………….24

14. Definitions………………………………………………………………………...24

14-1 Definitions of terms…………………………………………………………24

15. PARLIAMENTARY AUTHORITY........................................................................26

Code of Ethics of The Education Profession

Preamble………………………….………………………………….…………………27

Principle I………………………….………………………………….…………………27

Principle II………………………….………………………………….…………………28

CONSTITUTION OF THE LOUISIANA ASSOCIATION OF EDUCATORS

PREAMBLE

We, the members of the Louisiana Association of Educators, in order that this Association may serve as the unified voice for education in this state, advance the cause of public education for all individuals, promote the health and welfare of children, promote professional excellence among educators, gain recognition of the basic importance of the teacher in the learning process and other employees in the educational effort, protect the rights of educational employees and promote their interests and welfare, advance the standards and working conditions of the education community, secure professional autonomy, unite educational employees for effective citizenship, promote and protect human and civil rights, and obtain for its members the benefits of a united education profession, do hereby adopt this Constitution.

ARTICLE I. NAME, GOALS, OBJECTIVES, AND AUTHORITIES FOR

GOVERNANCE

Section 1. Name.

The name of this organization shall be the Louisiana Association of Educators.

Section 2. Affiliation.

This Association shall be affiliated with the National Education Association and shall meet NEA’s minimum affiliation standards.

Section 3. Goals and Objectives.

The goals of this Association shall be as stated in the Preamble.  Nothing in this Constitution or in the Bylaws shall be construed to prevent the Association from pursuing objectives which are consistent with the stated goals of the Association.

Section 4. Place of Business.

The headquarters of the Association shall be in the city of Baton Rouge, parish of East Baton Rouge, state of Louisiana.

Section 5. Governance.

The Association shall be governed by its charter, this Constitution, the Bylaws, the Standing

Rules, and such other actions as the Representative Assembly and the Board of Directors may take consistent therewith.

ARTICLE II. MEMBERSHIP

Section 1. Classes of Membership.

Membership of the Association shall consist of active and educational support members and such other classes of members as may be set forth in the Bylaws.

Section 2. Membership Eligibility: Provisions and Limitations.

a) Criteria set forth in the Bylaws shall determine the rights and privileges of members in each of the several classes, provided that the Bylaws relative to membership shall be consistent with the membership classifications and requirements in effect under the bylaws of the National Education Association.

b) Membership, as provided in the Bylaws, shall be open to all persons actively engaged in the profession of teaching or in other educational work or to persons interested in advancing the Association and to abide by its Constitution and Bylaws.

c) Members engaged in teaching or in other educational work shall adhere to the Code of Ethics of the Education Profession.

d) The Association shall not deny membership because of race, religion, national origin, or gender, nor shall any organization which so denied membership be affiliated with the Association.

Section 3. Property Interest of Members.

All rights, titles, and interest, both legal and equitable, of a member in and to the property of the Association shall end upon termination of such membership.

ARTICLE III. REPRESENTATIVE ASSEMBLY

Section 1. Accountability.

The Representative Assembly, comprised of members of the Association, derives its power from and shall be responsible to the membership.

Section 2. Allocation of Delegates.

a) Delegates to the Representative Assembly shall be allocated on the basis of one delegate for each fifty (50) members or major fraction thereof, provided that such ratio is in accordance with the one-person, one-vote standard.  All locals receive at least one delegate, and other delegate credentials shall be allocated as provided in this article.

b) Local affiliates shall be required to ensure at least proportional representation of black or other ethnic minorities in the election of delegates.

c) Administrators and supervisors and educational support members shall be represented in proportion to their membership in the local affiliate in the election of delegates.

d) Student members shall be allocated one (1) delegate credential for each fifty (50) student members of the LAE-SP.  The allocation shall be on the basis of student membership in the Association as of August 31 of the previous membership year in which the Representative Assembly convenes.

e) Retired members shall be allocated one (1) delegate credential for the first fifty (50) retired members of the LAE Retired and one (1) additional delegate for each additional 200 retired members of the LAE Retired or major fraction thereof.  The Allocation shall be on the basis of retired membership in the Association as of August 31 of the previous year.

Section 3. Election of Delegates.

a) The Credentials Committee shall recommend any revisions to the apportionment of the Representative Assembly annually and shall report to the Representative Assembly any recommendations for meeting the one person-one vote standard.  The Representative Assembly shall approve all changes in its apportionment and shall be the final authority on the qualifications of its own members.

b) Delegates shall be elected through an open nomination procedure by a secret ballot vote of the membership of each local affiliate, in accordance with such provisions as may be enacted by the Representative Assembly or the Board of Directors.

c) The term of a delegate may be for one, two, or three years, as determined by the electing body, providing that an individual elected to a multi-year term shall serve if the delegate and the affiliate continue to qualify for the delegate position.

d) There shall be other ex-officio delegates as set forth in the Constitution and Bylaws.

Section 4. Meetings.

The Representative Assembly shall meet regularly as set forth in the Bylaws and in special session as may be called by the Board of Directors.

Section 5. Functions.

The Representative Assembly shall-

a) Establish Association policies and objectives.

b) Adopt the annual budget.

c) Receive reports from the officers, the Board of Directors, and Committees.

d) Amend the Constitution and Bylaws in accordance with ARTICLE IX hereof and the Standing Rules of the Representative Assembly.

e) Exercise final authority in all matters of the Association except where provided otherwise in the Constitution and Bylaws; and

f) Enact other such measures as may be necessary to achieve the goals and objectives of the Association which are not in conflict with the Charter, the Constitution, or the Bylaws.

ARTICLE IV. EXECUTIVE OFFICERS

Section 1. Executive Officers.

The Executive Officers of the Association shall be the President and the Vice-President.

Section 2. Qualifications for Executive Office.

All candidates for Executive Office shall have been an active or educational support member of the Association for at least three years immediately preceding the year in which the election takes place.  All Executive Officers shall maintain active or educational support membership in the Association for the terms of their office.

Section 3. Elections, Terms, and Salaries.

a) The Executive Officers shall be nominated through an open nomination procedure and elected by a secret ballot vote of the membership.

b) The Executive Officers may run for re-election to his/her current position.

c) The term of office shall be three years and shall begin July 15.

d) An Executive Officer shall serve no more than two terms to any particular office.

e) The office of President shall be full time.  Salary for the President shall be determined by the Board of Directors.

f) Other Executive Officers may serve and be compensated as directed by the Board of Directors.

Section 4. Functions.

a) Executive Officers shall be ex officio members of the Board of Directors and shall be ex officio delegates to the Representative Assembly.

b) Other functions may be assigned to the Executive Officers by the Bylaws, the Representative Assembly, or the Board of Directors.

Section 5. Ethnic Minority Guarantee.

a) The office of the President will alternate between an ethnic minority and a White member of the Association.

b) If after a period of six (6) consecutive membership years, a member of an ethnic minority group has not served as President, the Association shall take steps as may be legally permissible to elect a member of an ethnic minority group.

The incumbent President shall notify the LAE Board of Directors of his/her intent to seek re-election by October 1, and that decision will be communicated to the members.

Section 6. Succession and Vacancies.

Vacancies shall be filled as follows:

a) A vacancy in the office of President shall be filled by the Vice-President.

b) A vacancy in the office of the Vice-President shall be filled by the Board of Directors.

c) Any vacancies occurring under special circumstances shall be filled by the Board of Directors.

ARTICLE V. BOARD OF DIRECTORS

Section 1. Functions.

a) Consistent with the Constitution and Bylaws and other actions, policies, and objectives of the Representative Assembly, the Board of Directors shall act for the Association between meetings of the Representative Assembly and in addition shall have the sole responsibility for any matter expressly delegated to it by the Representative Assembly.

b) All members of the Board of Directors shall serve as ex-officio delegates to the Representative Assembly.

c) The Board of Directors shall appoint a Review Board to serve as necessary and to hold proceedings as provided in the Bylaws.  The Board of Directors shall adopt rules and procedures to govern Review Board proceedings.

d) The Board of Directors, the Executive Director and president shall be responsible for administration of the budget adopted by the Representative Assembly and for making budget adjustments that may be necessary during the year to maintain a sound budget.  Any appropriations from the contingency fund in excess of $5,000 must be approved by a 2/3 vote of the Board of Directors.

e) The Board of Directors shall approve the purchase and sale of LAE property.

 Section 2. Composition.

The Board of Directors shall consist of:

 a) The President, who shall serve as Chair; and the Vice-President, who shall serve as Vice-Chair.

b) Three classroom teacher-members nominated through an open nomination procedure and elected by a secret ballot vote of the membership from each of the six Associational Districts (one of the three positions in each of the six districts shall be filled by an ethnic minority candidate);

c) At-large representation of the following groups: non-administrator, educational support members; non-administrator, higher education member(s); who may be active, educational support, or higher education members; shall be represented on the Board of Directors in proportion to their membership in the Association; and shall be nominated through an open nomination procedure and elected by a secret ballot vote.  The number of representatives allotted to each at-large group shall be based on the same proportion as that of the 18 district representatives to the total number of Association members.  Each at-large group shall be eligible for one representative on the Board of Directors for each multiple (or major fraction thereof) of the representation number for district members. [Representation number is defined in the Definitions section of the Bylaws.]

d) The state elected Louisiana members of the NEA Board of Directors; and

e) The LAE Aspiring Educators Program President and the LAE-Retired President shall be an ex-officio member.

f) An Administrator nominated through an open nomination procedure and elected by secret ballot vote of the membership shall be an ex-officio member.

Section 3. Qualifications for Office.

With the exceptions of the Louisiana members of the NEA Board of Directors, the retired representative, and the LAE-Student Program President, and the non-administrator, higher education representative, all members of the Board of Directors shall have been an active or educational support member of the Association for at least three years immediately preceding the year in which the election takes place.  All members shall maintain membership in the category which they represent and employment in the district they represent on the Board of Directors for the terms of their offices.

Section 4. Terms of Office.

a) The term of office for district and at-large representatives shall be three years on a staggered basis and shall begin on July 15.

b) The term of office for the LAE Student Program President shall begin when that person assumes office.

c) If a Board member has been absent from two (2) consecutive meetings, the board after considering any extenuating circumstances and by a two-thirds vote of the Board, may declare the Board seat vacant provided that prior notice was given of the Board intent to declare a position vacant.

Section 5. Apportionment.

The Elections Committee shall review the apportionment of the Board of Directors every three years based on geographical membership distribution based on a one person-one vote standard and annually for proportional minority and employment position representation and shall report their recommendations to the Representative Assembly for action as required.

 Section 6. Ethnic Minority Diversity Guarantee.

The Elections Committee shall recommend a plan to the Representative Assembly that shall assure an ethnic minority representation on the Board of Directors at least in proportion to their membership in each particular job category.

 Section 7. Vacancies.

Except for the ex-officio members, all vacancies shall be filled by secret ballot of the Board of Directors in accordance with the Bylaws.

ARTICLE VI. NEA DIRECTORS

Should the LAE be entitled to two or more members of the NEA Board of Directors, the LAE shall adhere to the NEA Constitution and Bylaws affording proportional representation for ethnic minorities.

ARTICLE VII. EXECUTIVE COMMITTEE

Section 1. Functions.

a) Consistent with the Constitution and Bylaws and other actions, policies and objectives of the Representative Assembly and the Board of Directors, the Executive Committee shall act for the Association between meetings of the Representative Assembly and the Board of Directors and, in addition, have the sole responsibility for any matter expressly delegated to it by the Representative Assembly and the Board of Directors.

b) The Executive Committee shall:

   1) act as the Personnel Committee of the Board of Directors.

   2) conduct the evaluation of the LAE Executive Director; and

   3) direct the Legislative agenda during Legislative sessions and between   meetings of the Representative Assembly and the Board of Directors according to the policies and objectives of the Representative Assembly and the Board of Directors.

Section 2. Composition.

The Executive Committee shall consist of:

a) The Executive Officers; and

b) One member from each Association District, to be elected by the Board of Directors in secret ballot.

c) Any at-large seat, including the state elected Louisiana member(s) of the NEA Board of Directors, shall be eligible for the seat in the Associational District in which he/she is employed.  Retired representatives shall be eligible for the seat in the Associational District in which he/she lives.

Section 3. Terms of Office

Terms will be concurrent with the term of the President.

Section 4. Vacancies.

Except for the ex-officio members, all vacancies shall be filled by secret ballot of the Board of Directors and shall be restricted to members from the vacant district.

ARTICLE VIII. RECALL AND IMPEACHMENT OF OFFICERS

Section 1. Recall of Officers.

Any officer of the Association may be recalled by a majority vote of their constituency, as provided in the Bylaws.

Section 2. Impeachment of Officers.

Any officer of the Association may be impeached for violation of the Code of Ethics of the Education Profession, for misfeasance, for malfeasance and/or for nonfeasance in office, as provided in the Bylaws.

ARTICLE IX. AFFILIATES AND SPECIAL INTEREST GROUPS

Section 1. Affiliation.

Affiliation shall mean a relationship based on a reciprocal agreement between the Association and an organization of eligible members and shall continue until the affiliate withdraws or becomes disaffiliated.

Section 2. Ethnic Minority Representation.

Affiliates of the Association shall take all reasonable and legally permissible steps to achieve on their elective and appointive bodies ethnic minority representation that is at least proportionate to the minority membership of the affiliate.

Section 3. Rights of Active and Support Members in Governance Affiliates.

Each governance affiliate shall guarantee its active and educational support members an open nomination procedure and a secret ballot, except as otherwise provided for in this Constitution or in the Bylaws.  No governance affiliate shall discriminate against its active or educational support members in their right to vote, seek office, or otherwise participate in the affairs of the affiliate, of other governance affiliates, or of the Association.

Section 4. Standards and Procedures for Affiliation.

Affiliates which fail to comply with standards and procedures set forth in the Bylaws shall be subject to censure, suspension, or disaffiliation by the Representative Assembly as prescribed in this Constitution.

Section 5. Special Interest Groups.

Any organized group of Association members having a common interest or purpose may be recognized as a Special Interest Group, provided such group is not eligible for any class of affiliation.

ARTICLE X. COMMITTEES

Section 1. Constitutionally Authorized Committees.

The Constitutionally authorized Committees of this Association shall be the Credentials and Appraisal Committee; the Constitution, Bylaws and Rules Committee; the Program and Budget Committee; the Elections Committee; the Professional Rights and Responsibilities Committee; the Women’s Concerns Committee; and the Minority Affairs Committee.

Section 2. Other Committees

Other Committees may be established as provided in the Bylaws.

ARTICLE XI. AMENDMENT OF THE CONSTITUTION AND BYLAWS

Section 1. Methods of Proposal of Amendments.

Amendments to the Constitution or the Bylaws may be proposed to the Representative Assembly by one of the following methods:

a) By petition signed by at least twenty-five (25) active and/or educational support members or ten percent (10%) of the members of a local affiliate and submitted to the Constitution, Bylaws, and Rules Committee through the President.

b) By majority vote of the membership or major governing body of a local affiliate and submitted to the Constitution, Bylaws, and Rules Committee through the President.

c) By majority vote of the Board of Directors and submitted to the Constitution, Bylaws, and Rules Committee through the President; or

d) By a majority vote of the Constitution, Bylaws, and Rules Committee.

Section 2. Amendment Process for the Constitution and Bylaws.

a) A proposed amendment to the Constitution and Bylaws shall be presented in writing to the Constitution, Bylaws, and Rules Committee, through the President, ninety (90) days prior to the start of the Representative Assembly.  If an amendment is mailed, it must be postmarked ninety (90) days prior to the start of the Representative Assembly.  Furthermore, the specific dates shall be announced in the Association's calendar or the first publication of the year.

b) The text of the proposed amendments shall be printed in an official publication sent to all members at least thirty (30) days prior to the Representative Assembly.

c) An amendment to the Constitution or Bylaws shall be moved and seconded on the floor of the Representative Assembly by virtue of the proper submission of the amendment as prescribed in this Constitution.

d) Voting on amendments to the Constitution and Bylaws shall be by secret ballot.

e) This Constitution may be amended by a two-thirds vote and the Bylaws by a majority vote of the delegates present and voting at the Representative Assembly.

f) Unless otherwise provided, all amendments shall take effect immediately upon final adjournment of the Representative Assembly.

Section 3. Withdrawal of Proposed Amendments. 

a) Request for withdrawal of proposed amendments may be submitted in writing to the Constitution, Bylaws, and Rules Committee; or be made to the Representative Assembly.

b) Requests for withdrawal of proposed amendments to this Constitution or to the Bylaws may be granted by action of the Representative Assembly based on requests made in the following manner:

  1. If submitted to the Constitution, Bylaws and Rules Committee, the request shall be signed by the contact person and by ten (10) of the original signees.
  2. If submitted to the Representative Assembly, the request shall be made by:
  • The contact person for the amendment and his/her designee and seconded by one of the original signees of the amendment; or
  • Five original signees of the amendment.

     3. If originally proposed by the LAE Board of Directors, the request shall be made by
         a majority of the Board.

     4. If originally proposed by the Constitution, Bylaws and Rules Committee, the request shall
         be made by a majority of that Committee.

     5. If originally proposed by a local affiliate’s membership or governing body, the request shall
         be made,

  • To the Constitution, Bylaws, and Rules Committee by a majority of that affiliate’s membership or governing body; or
  • To the Representative Assembly by a majority of that affiliate’s delegation.

ARTICLE XII. DUTIES OF THE CONSTITUTION, BYLAWS AND RULES COMMITTEE

The Constitution, Bylaws and Rules Committee’s responsibilities shall include:

a. Proposing the Standing Rules to the Representative Assembly.

b. Reviewing the governing documents of local affiliates to determine compliance with LAE’s minimum standards for affiliation and to recommend changes in the local affiliate’s governing document, if needed, at least every five years.

c. Proposing amendments to the Constitution and Bylaws.

d. Reviewing and, if necessary, editing the amendments to the Constitution and Bylaws.  The editing responsibilities are:

  1. Combining two or more amendments of a similar intent into a single amendment, if the final amendment is agreed to by the contact person for each group making the original amendments involved.
  2. Printing identical amendments as a single amendment with the contact persons of each listed with the amendments.
  3. Dividing an amendment at the discretion of the Committee and with the consent of the contact person to enable the component parts of an amendment to be voted upon independently of each other; and
  4. Rewriting an amendment for clarity and style.

ARTICLE XIII. PARLIAMENTARY AUTHORITY

The latest edition of Robert’s Rules of Order Newly Revised shall govern any parliamentary procedure or question not specifically covered in the Charter, Constitution, Bylaws, or Standing Rules.

BYLAWS

1. OBJECTIVES

1-1. Specific Objectives

The specific objectives directed toward the achievement of the stated goals of the Association shall be:

a. To improve the structure of the Association in order to insure the full and effective participation of all members, thereby establishing and maintaining an independent, self-governing organization.

b. To protect the rights and welfare of its members.

c. To advance professional rights and to enhance professional responsibilities to further the consistent development and improvement of the profession and its practitioners.

d. To protect and support its members as employees in disputes with employers or with those acting on behalf of employers.

e. To promote continuous improvement of instruction and curriculum.

f. To promote the rights, health, and welfare of all students.

g. To assist each student in realizing his or her maximum potential.

h. To work among the people of Louisiana for broad support of public education and for improved attitudes toward the education profession.

i. To secure adequate financial support for public education; and

j. To develop and provide leadership in solving social problems.

2. MEMBERSHIP

2-1. Classes, Dues, and Rights

a. The membership classification and requirements established by the National Education Association shall be the membership classifications and requirements of the Association; provided that only active, retired, and educational support members of the Association may vote in the election of officers, hold elective or appointive office, or serve as delegates to the Representative Assembly; however, student members may serve as delegates to the Representative Assembly.  All classes of membership shall be limited to persons who support the objectives and goals of the Association.

b. Active membership shall be open to any person who is engaged in, including those participating in the Deferred Retirement Option Plan (DROP), or who is on limited leave of absence from professional educational work in a public institution or in an institution of higher learning or who is serving as an executive officer of the state Association.  Active members shall hold or be eligible to hold a baccalaureate or higher degree or the regular teaching, vocational, or technical certificates required by their employment. Active members who are on leave of absence from their education position of at least

six months shall have two options with respect to membership:

  1. They may become an active member with full voting and membership rights; or
  2. They may become reserve members, pay one-half dues, and forgo voting and membership rights.

c. Educational support membership shall be open to any employee for a public education institution or public or private institution of higher learning who is not eligible for active membership. The dues for educational support members shall be one-half the dues for active members.

d. Student membership shall be open to any student enrolled in or preparing for a teacher education program in an accredited institution of higher learning.  Student members shall be eligible to be voting members of the LAE Representative Assembly. 

e. Retired membership shall be open to any person who has retired from educational employment. Retired members shall have the right to vote, to hold elective or appointive positions and be counted toward representation entitlement for the Board of Directors and the Representative Assembly in proportion to the membership.  Retired members shall be eligible to receive benefits and services of the Association authorized by the Board of Directors. An LAE member who retired may choose to join an LAE Lifetime Retired Program. Dues for the LAE Lifetime Program will be $100.00

f. Staff membership shall be open to any person employed by the Association or any of its affiliates in a professional staff position. The dues shall be one-half the dues for active members.

g. Associate membership shall be open to any person who is interested in advancing the cause of public education but who is not eligible for any other class of membership in the Association.  Associate member rights shall be limited to receiving reports and publications of the Association. 

h. An educational employee employed on a day-to-day basis shall have the option of joining the Association as a Substitute member.  Educational employees employed on a day-to-day basis who are included in a bargaining unit with full-time educational employees shall be eligible only for active membership.

Reserve membership shall be open to any person who is on leave of absence of at least six months from the employment that qualifies that person for active or educational support membership or who has held active or educational support membership but whose employment status no longer qualifies the individual for such membership.  Reserve members may not vote or hold elective or appointive positions in the Association. Dues shall be one-half the dues of active or educational support dues as appropriate.

2-2. Membership Year

The membership year shall be from September 1 to August 31.

2-3. Membership Dues

a. The Association shall have unified dues with the National Education Association and its local affiliates, except where there is no local affiliate.  Annual active dues shall be equal to the average dues of the NEA Southeast Region, excluding Puerto Rico, for the previous membership year.  The state dues shall be raised by no more than ten dollars per year.  The Board of Directors is empowered to freeze the dues or limit the increase to less than ten dollars.

b. The Association shall assess each member ten dollars excluding student members, and LAE-Retired members for the support of the LAE Legislative Political Action Program.  This assessment shall be incorporated within the regular dues structure.  Any member who does not wish for this assessment to go to the LAE Legislative and Political Action Program shall be allowed to designate that it be refunded back to that member upon written request.  Thirty percent of such funds collected will be rebated on a local-by-local basis to be used by the local according to LAE-PAC and local PAC guidelines.

c. The Board of Directors is empowered to set a special dues structure, not including the PAC assessment, for newly affiliating locals and/or newly reconstituted locals for a maximum period of five years.  Newly reconstituted locals are defined as non-functioning locals which are being re-started.

d. State dues for new members who join after the beginning of a membership year shall be pro-rated based on the number of months remaining in the membership year.

e. Dues for members eligible for active and ESP membership who are regularly employed for 50% or less of the normal schedule for a full-time employee (as verified by the local affiliate) shall be one-half of the active or ESP dues, as appropriate.

f. State dues for LAE -Retired, Student, Associate, and Substitute members shall be set by the Board of Directors annually.

2-4. Dues Transmittal

The Association shall enter into a written agreement governing the transmittal of Association dues with each local affiliate.  Local affiliates shall have the full responsibility for transmitting state and national dues as stipulated in the written agreement.  No local affiliate shall withhold state and/or national dues for any purpose beyond the transmittal date.The Board of Directors shall have the authority to grant a waiver for properly documented, extenuating circumstances.The delegates representing a local affiliate that has not transmitted dues as stipulated in the written agreement shall not be issued credentials and shall be denied seating at the Representative Assembly. 

Local affiliates denied seating at the Representative Assembly may appeal to the LAE Board of Directors. 

3.  REPRESENTATIVE ASSEMBLY

3-1. Delegates

  1. Allocation of delegate credentials to locals shall be on the basis of local membership as of January 15 of the current membership year.
  2. Each local affiliate should elect at the same time as many alternates as the total number of delegates elected.  Alternates shall be numbered serially in order of the substitution for delegates.

3-2. Meetings: Time and Location

a. There shall be a Spring Representative Assembly, the time and site to be set by the Board of Directors.

b. In the case of an emergency, the Board of Directors may postpone the

regularly scheduled meeting of the Representative Assembly by a two-thirds vote.

3-3. Meetings: Format and Program

The format and program for the Representative Assembly shall be prepared by the President.

3-4. Meetings: Standing Rules

The Representative Assembly shall adopt such rules as necessary to govern its proceedings, subject to the Constitution and Bylaws.

 3-5. Resolution Sunset

All continuing resolutions shall expire five years after their original adoption date.  An expired resolution may then be resubmitted to the next Representative Assembly.

 3-6. Resolution Content

Any proposed resolution which cannot be shown to be directly related to educational or member-employment issues shall not be in order.  This article shall be strictly interpreted.

4.  EXECUTIVE OFFICERS

4-1. Powers and Duties of the President

The President shall be the chief executive officer of the Association and its policy leader. The President shall:

a. Be responsible for and authorized to implement the policies of the Association and directives of the governing bodies, in a manner consistent with the governing documents of the Association.

b. Represent the Association as spokesperson on matters of policy or assign at the President’s discretion, responsibility for such representation.

c. Prepare the agenda for the governing bodies of the Association and the program for the Representative Assembly.

d. Distribute the minutes of the Representative Assembly to local presidents and Board of Directors members within ninety (90) days of the closure of the RA.

e. Appoint, except as provided in these Bylaws, all chairs, and members of Committees with input from the Vice-President and the advice and consent of the Board of Directors, such chairs, and members to serve at the pleasure of the President.

f. Serve as an ex officio, non-voting member on all Committees.

g. Prepare with the Executive Director and the Committee on Program and Budget a budget for submission to the appropriate policy making bodies.

h. Review Association policies and recommend priorities to be considered by the Board of Directors.

i. Administer, through the Executive Director, the budget of the President’s Office and of the governing bodies.

j. Recommend an independent auditing agency to conduct an annual audit of all Association funds.

j. Meet regularly with the other officers of the Association and with the Executive Director.

k. Delegate duties to the officers and through the Executive Director to the staff of the Association.

l. Serve as a state delegate to the NEA Representative Assembly and as chair of the state delegation; and

m. Serve as second alternate NEA Director (Proviso:  This sentence should become effective with the 2007 LAE Presidential election).

nPerform the duties as stipulated in the Charter, in the Constitution, and in these Bylaws and such other duties as are customarily assumed by the chief executive officer of an association.

4-2. Powers and Duties of the Vice-President

The Vice-President shall:

a. Act for the President when the President is unable to perform the duties of the office.

b. Serve as Vice-Chair of the Representative Assembly and the Board of Directors.

c. Serve as a state delegate to the NEA Representative Assembly and as Vice-Chair of the delegation.

d. Represent the Association at the discretion of the President.

e. Serve as Chair of the Committee on Program and Budget.

f. Make financial reports; and

g. Perform such other duties as one stipulated by the Constitution, by these Bylaws and by the President.

5. BOARD OF DIRECTORS

5-1. Elections

A majority vote of those voting shall be necessary to elect a member to the Board of Directors. Members of the Board of Directors shall be elected by a secret ballot of their constituency.

5-2. Vacancies

a. Vacancies arising in the Board of Directors shall be filled by secret ballot, majority vote of the Board of Directors.  An open nomination process is required to fill such vacancies, except that nominations shall be restricted to those members of the membership classification represented by the position and to any minority guarantee restrictions that may apply.  Notification of the vacancy shall be made to the Board of Directors and local affiliate presidents and to the Association membership through an official Association publication before the vacancy may be filled.  The appointed direct will service until the first opportunity that a successor director may be elected in accordance with regular election procedures.  The successor will then assume the seat at the same time as other newly elected officers in that election.

b. If a Board member has been absence from two (2) consecutive meetings, the board after considering any extenuating circumstances and by a two-thirds vote, may declare the Board seat vacant provided that prior notice was given of the Board’s intent to declare the seat vacant.

 5-3. Membership Restrictions

A member of the Board of Directors shall immediately relinquish the position held on the Board when such member ceases to be employed in the district or category represented.

5-4. Fiscal Powers

The Board shall discharge such fiscal responsibility as the Representative Assembly may delegate to it.

 5-5. Meetings

a. The Board shall meet four times per membership year and at other times it deems necessary to conduct the business of the Association. 

b. The President or a majority of the members of the Board shall determine the time and place of meetings.

c. Due notice of all meetings shall be given, as provided elsewhere in these Bylaws.

d. The Board shall enact rules and procedures to govern the conduct of its meetings, subject to the Constitution and Bylaws.

6. ELECTION OF STATE OFFICERS, NEA DIRECTORS AND STATE DELEGATES

 6-1. Election of State Officers

1. Nominations

Each officer and NEA Director elected by the membership of the Association or by the membership from the respective Associational Districts shall file with the Executive Director a nomination letter.  Nomination forms shall be made available by December 1.  Nomination forms must be received by the Executive Director or his designee no later than January 7. 

Nominations shall be referred by the Executive Director to the Elections Committee for certification.  Such certification shall include a review of the LAE membership records by the Elections Committee to ensure that the nominee is in good standing and possesses all necessary qualifications.  Once the Elections Committee is satisfied that the person possesses all necessary qualifications, the candidate shall be certified to run for that particular office.  Certification of candidates shall be completed by January 15.  Unopposed candidates shall be declared the winner by action of the Elections Committee.

Biographical information obtained from the nomination forms shall be published a minimum of thirty (30) days prior to the election in the official publication of the Association.

b. First Primary

Ballots shall be prepared by the Executive Director or the designee, with the approval of the chair of the LAE Elections Committee and shall be distributed to each member of record as of January 15.  Candidate positions on the ballots shall be determined by a drawing conducted by the Elections Committee.  Ballots shall be distributed by March 10. The neutral party shall receive and tabulate the votes and submit in writing to the Elections Committee the results no later than April 15. All candidates who receive a majority of the votes cast shall be certified as elected by the Elections Committee. 

Should no candidate receive a majority of the votes cast, a runoff will be held between the top two candidates.  Positions on the ballot shall remain the same as in the regular election.  The neutral party as stated within this Article shall be chosen by the Board of Directors with recommendations from the Executive Director and Associate Executive Director.

c. Runoff Election

Should no candidate receive a majority of the votes cast, a runoff will be held between the top two candidates.  Positions on the ballot shall remain the same as in the regular election.  The neutral party as stated within this Article shall be chosen by the Board of Directors with recommendations from the Executive Director and Associate Executive Director.

Ballots shall be prepared by the executive Director or his designee, with the approval of the Chair of the Elections Committee and shall be distributed to each member of record as of January 15.  Ballots shall be distributed to members no later than May 1.  The neutral party shall tabulate the votes received by May 31 and shall submit the results in writing to the Elections Committee no later than June 15.  The announcement should be made in the next official journal.

Candidates for runoff election may withdraw from the election by notification to the Executive Director or his/her designee, by certified/return receipt, no later than April 22.  Upon receipt of such notice, the runoff election shall be canceled.

d. Challenges

1. Challenges to certification of candidates shall be made in writing and shall be sent by certified/return receipt, to the chair of the Elections Committee, in care of the LAE Executive Director, within ten (10) calendar days of the certification of the candidate by the Elections Committee.

2. Challenges to shall be made in writing to the Chair of the Elections Committee and shall be sent by certified/return receipt in care of the LAE Executive Director, within ten (10) days following the announcement of the results.      

e. Appeal Process for Challenges to Certification/Elections

The Elections Committee will meet after receiving a challenge(s) to hear the challenge(s) and to make recommendation (s) to the Board of Directors.  The Board of Directors will meet to act on the recommendation (s) of the Election Committee.  All decision(s) of the Election Committee and the Board of Directors must be completed within 30 days of the receipt of the challenge to the Executive Director. 

6.2 NEA State Delegates

Candidates for NEA delegates receiving the highest number of votes shall be declared elected according to NEA’s allocation.  Successor delegates shall be selected according to the number of votes received.  Candidates for NEA state delegates shall be elected in accordance with NEA delegate election guidelines.

7. EXECUTIVE COMMITTEE

7-1. Elections

Executive Committee members shall be elected by the Board of Directors by a secret ballot vote.

7-2. Vacancies

Vacancies arising on the Executive Committee shall be filled by secret ballot, majority vote of the Board of Directors.  An open nomination process is required to fill such vacancies, except that nominations shall be restricted to those members of that district.

7-3. Membership Restrictions

A member of the Executive Committee shall immediately relinquish the position held on the Executive Committee when such member ceases to be a member of the Board of Directors.

7-4. Fiscal Powers

A member of the Executive Committee shall discharge such fiscal responsibility as the Representative Assembly or Board of Directors may delegate to it.

7-5. Meetings

a. The President or a majority of the Executive Committee shall determine the time and place of the meetings.

b. The Executive Committee shall enact rules and procedures to govern the conduct of its meetings, subject to the Constitution and Bylaws.

8.  RECALL AND IMPEACHMENT

8-1. Recall of Officers

a. The Association shall hold a recall election for an officer within 60 days of the filing of a recall petition with the President.  The recall petition shall include the reason for recall and signatures of 10% of that officer’s constituency.

b. The Board of Directors may set rules of procedure for the recall process and election.

8-2. Discipline of Officers and Members

a. Upon request by a local affiliate, one-third of the members of the Board of Directors, or 10% of the certified delegates to the most recent Representative Assembly, charges of nonfeasance, misfeasance, or malfeasance in office or violation of the Code of Ethics of the Education Profession may be made against an officer of the Association or charges of violation of the Code of Ethics of the Education Profession may be made against a member of the Association.  A Review Board shall hear the charges against the officer or member.  After a due-process hearing, a secret ballot vote shall be taken, and two-thirds vote shall be necessary to sustain the charges against the office or member.  Any member of the Review Board so charged shall be ineligible to vote on such charges.

b. Upon the sustaining of the charges, the Review Board, shall have the authority to censure, suspend, expel, or remove from office the officer or member.

c. The Review Board, shall have the authority to vacate censure, lift suspension, or reinstate the member.

d. The Board of Directors shall adopt policies and procedures to insure due process rights in Review Board proceedings.

e. The Board of Directors shall function as an appellate body for Review Board decisions.

9. AFFILATES AND SPECIAL INTEREST GROUPS

9-1. Affiliates

a. Affiliates of the Association shall be chartered by a majority vote of the Board of Directors. 

b. Each affiliate shall conduct elections with open nominations and a secret ballot except as may otherwise be provided in the Constitution, these Bylaws, or the Standing Rules.  A secret ballot shall not be required in elections in which the number of candidates nominated does not exceed the number of positions to be filled; in such elections the chair may declare such candidates elected.

c. All locals must submit to LAE the election results of incoming presidents by June 1. 

d. Each local affiliate must comply with state and national standards of affiliation.

9-2. LAE-Retired (LAE-R)

The LAE-Retired (LAE-R) shall be an organization comprised solely of the retired members of the Association.  The president of LAE-R shall be chosen by the retired members.  LAE-R shall be recognized as a statewide local affiliate.  The LAE-R shall operate in accordance with Bylaws adopted by LAE-R subject to approval by majority vote of members present at the LAE-R General Membership Meeting.  Such Bylaws shall be compatible with the Constitution and Bylaws of the Association.  The LAE-R shall conduct all elections with open nominations and secret ballot.

9-3. LAE-Student Program 

The LAE-Student Program shall be an organization comprised solely of student members of the Association. The LAE Student Program President shall be chosen by the LAE-Student Program organization, and their Bylaws shall also be adopted by the organization, subject to the approval by the LAE Board of Directors. Such Bylaws shall be compatible with the Constitution and Bylaws of the Association.  All elections shall be conducted with open nominations and secret ballot.

 9-4. Governance Affiliates

A local affiliate, the basic unit of self-governance within the Association may be organized in a manner which comprises any compatible group, meeting at least the minimum standards of affiliation.

9-5. Standards for Local Affiliates

The Association shall not affiliate a local association unless it meets the following minimum standards:

a. Each affiliate shall apply the one person-one vote principle for representation on its governing bodies except that the affiliate shall take such steps as are legally permissible to achieve Black or ethnic-minority representation at least proportionate to its Black or ethnic-minority membership.  Where an all-inclusive affiliate exists, it shall provide proportionate representation between its non-supervisor members and its supervisor member.

b. The affiliate shall conduct all elections with open nominations and a secret ballot.

c. The affiliate shall require membership in LAE and in NEA.  If an affiliate enrolls educational support professional in any membership category and as a matter of policy seeks to recruit and represent such members, the affiliate shall grant them full rights of participation and shall require them to be members of LAE and NEA.

d. The affiliate shall be reviewed by the Constitution, Bylaws and Rules Committee to determine compliance with minimum standards for affiliation and to recommend changes in the local affiliate governing document, if needed at least every 5 years.

e. The affiliate shall have the same membership year as that of the LAE.

f. The affiliate shall guarantee that no member of said affiliate may be censured, suspended, or expelled, without a due process hearing, which shall include an appropriate appellate procedure.

 9-6. Charter for Affiliation

a. A group or unit seeking governance affiliation shall file a written application including copies of its governance documents with the Board of Directors.

b. The Association shall charter no more than one local within the same jurisdictional boundaries with the exception that affiliates not competing for the same category of membership may be chartered.

c. The Association shall not create dual affiliates within the legal boundaries of any local or other jurisdictional boundaries.

9-7. Discipline of a Local Affiliate

No local affiliate may be censured, suspended, or disaffiliated without a due process         hearing, which shall include an appropriate appellate procedure.

10. EXECUTIVE DIRECTOR AND STAFF 

10-1. Executive Director

The Board of Directors shall employ an Executive Director who shall be the Association staff member with primary responsibility for implementing the policies of the Association.  The Executive Director shall be responsible to the Board of Directors.

10-2. Executive Director: Functions

The Executive Director shall:

a. employ, direct, and supervise all Association staff.  The employment of all full-time personnel shall be with the approval of the Board of Directors.

b. serve as a consultant to the governing bodies of the Association.

c. advise the officers and governing bodies on all policy matters through appropriate reports and recommendations.

d. represent the Association as spokesperson on matters of established policy at the discretion of the President.

e. meet periodically with the President, the Vice-President, and appropriate staff to confer on Association policies and procedures.

f. advise and assist the President and the Committee on Program and Budget in preparing the budget, and administer the budgets authorized by the governing bodies of the Association.

g. co-sign and/or authorize a designee to co-sign with the President or the designee of the President all authorizations for disbursement from the general fund.

h. notify local affiliates of the number of Representative Assembly delegates to which they are entitled.

i. furnish each member appropriate evidence of membership; and

j. perform such other duties as may be assigned by the Board of Directors and/or the President.

10-3. Staff: Principles

a. Full-time local, state, and national staff shall be eligible only for Staff membership and shall not hold elective or appointive positions at any level; part-time staff shall not be eligible to run for an association office or serve as an officer of the Association;

b. The Association shall be an equal opportunity employer.

c. The Association shall, as vacancies arise, employ at all levels of service at least the same ratio of black or other ethnic minority as is that minority to the total population of Louisiana; and

d. The Association shall recognize the right of its employees to organize for the purpose of collective bargaining.

e. No immediate family member of the LAE President, LAE Vice-President, LAE Executive Director, or the LAE Associate Executive Director shall be employed by the Association in any capacity:

  1. “Immediate family” shall be defined for the purposes of this bylaw as the children, the spouses of children, brothers and their spouses, sisters and their spouses, parents, spouses, and the parents of spouses.

11. GENERAL FINANCE

11-1. Fiscal Year

The fiscal year of the Association shall be September 1 through August 31.

11-2. Budget

a. The budget of the Association shall be designed to achieve the goals and objectives of the Association.

b. The Committee on Program and Budget, with the President and the Executive Director, shall prepare the proposed budget for presentation to the Board of Directors for review prior to its transmittal to the Representative Assembly.  The Committee on Program and Budget shall hold at least one open hearing on the proposed budget prior to the Representative Assembly.  The Committee on Program and Budget shall meet following the hearings to consider any changes it may wish to make prior to final action by the Representative Assembly.

11-3. Financial Reports

The Committee on Program and Budget, with the President and the Executive Director, shall prepare an annual financial report of the Association including income and expenditures for the fiscal year.  The audit report received by the Board of Directors shall be presented to the Representative Assembly.  A summary of the audit shall be printed in a publication distributed to all members.

12. COMMITTEES

12-1. Standing Committees: Establishment and Accountability

Standing Committees may be established or discontinued by the Representative Assembly. When that body is not in session, these Standing Committees shall be accountable to the President and/or the Board of Directors.  Each Committee chair shall submit periodic reports to the President and to the Board.

12-2. Special Committees: Establishment and Functions

The Representative Assembly (by means of New Business Items), the Board of Directors, and the President may establish other Committees for the purpose of accomplishing a specific task within a limited period of time.

12-3. Ethnic Minority Guarantee

Ethnic minorities shall be represented on all Committees at least in proportion to their membership in the association.

12-4. Appointments, Qualifications, and Vacancies

a. Appointments shall be made on the basis of individual expertise and ability to make a substantial contribution in the specific area of concern.  Candidates for committees shall be recommended by members of the Board of Directors and local affiliates.

b. Absence of a member from two consecutive meetings shall constitute resignation.  Each vacancy on a committee shall be filled for the remainder of the term.

13. OPEN MEETINGS

13-1. Open Meetings

a. Every meeting of any elective or appointive governance or advisory body shall be open to any member of the Association unless closed to non-members as set forth in the Constitution and Bylaws.

b. The Chair of any elective or appointive governance or advisory body may prohibit the attendance of any member of a rival organization at any meeting of that body.

c. Members of the Association may speak at meetings of the Board of Directors, subject to the Standing Rules of the Board.

13-2. Proxy Voting

Proxy voting is expressly prohibited.

13-3. Procedures for Executive Session

All Association bodies may hold executive sessions in which its meetings are closed to non-members of that particular body.  Such executive sessions shall be limited to those reasons given in Section 12-4, and no final or binding action shall be taken during an executive session.  With the exception of the Representative Assembly, the vote of each member on the question of holding an executive session shall be by roll call vote, and this vote and the reason for the executive session, stated with reasonable particularity, shall be recorded in the minutes.  Each body may invite any person into executive session as they think will aid them in their deliberations.  Each body must enter back into regular session by an affirmative vote.

13-4. Reasons for Executive Session

a. The Representative Assembly may go into executive session by majority vote for any reason.

b. Any other Association body may go into executive session by majority vote for the following reasons:

1. discussion of the character, professional or ethical competency, or physical or mental health of an employee or Association member, provided that such person may require such discussion to be held in open session.

2. strategy sessions or negotiations with respect to collective bargaining

with its employees or prospective or current litigation against or by the Association as a body or on behalf of its members.

3. discussion regarding the report, development, or course of action regarding security personnel, plans, or devices.

4. investigate proceedings regarding fitness for employment or allegations of misconduct of employees, officers of the Association, or members, and

5. arbitration or grievances by members or staff of the Association, provided that the involved parties may require such proceedings to be held in open session.

6. discussion of sensitive information regarding the Association and/or rival organizations where there is reason to believe open discussion of this material would be detrimental to the Association.

13-5. Prior Notice of Association Meetings

a. All meetings of elected or appointed governance or advisory bodies shall be announced through written notice to the members of that particular Association body, the Board of Directors, and the presidents of local affiliates at least two weeks in advance of the meeting.

b. By written permission of the President, emergency meetings of Association bodies may be held without written notification as long as a good faith effort is made to notify all members of the Association body involved with as much advance time as the circumstances allow.  Emergency meetings of the Board of Directors may be called by the President or a majority of the members of the Board.

14. DEFINITIONS

14-1. Definition of Terms

 a. Active member: any member who holds or is eligible to hold a baccalaureate or higher degree or the regular teaching, vocational, or technical certificate required by that member’s employment.

b. Association: the Louisiana Association of Educators, the state organization in the United Education Profession.

c. Classroom teacher: any person who is certified, where required, and a major part of whose time is spent in direct contact with students or who performs allied work which results in placement of the person on a local salary schedule for teachers.

d. Education Position: one of the following two categories - category 1 shall include active and educational support members who are not supervisors or administrators; and category 2 shall include active and educational support members who are supervisors or administrators, and retired members.

e. Educational Support Member: a member, other than an active member, who is an employee of a public educational institution or an institution of higher learning.

f. Ethnic Minority: those persons designated as ethnic minority in a specific geographical area by statistics published by the Bureau of Census.

g. Executive Officer: specifically, the President and the Vice-President of the Association.

h. Ex officio: belonging to a body by virtue of holding another office.  An ex officio member of a body has all rights and privileges of any member of the body, including the right to vote unless otherwise designated.

i. New Business Item: item of business which relates to substantive policies or programs for the Association and which is specific in nature and terminal in application.

j. New Member: any Association member who was not a member for the entire previous membership year.

k. Officer of the Association: any member elected to an LAE governance position.

l. One Person-One Vote Principle: a voting procedure by which the vote of each member of the constituency has equal weight.

m. Open Nomination Procedure: a procedure by which every eligible Association member shall have the opportunity to nominate or be nominated by any Association member who meets the qualification for the elective position.  This shall be subject, however, to any limitations required in the Constitution and Bylaws and also to any other reasonable restrictions uniformly imposed.

n. Resolution:  formal expression of opinion, intent, belief, or position of the Association.  It shall set forth general concepts in clear, concise language, shall be broad in nature; shall state the positions of the Association positively and without ambiguity; and shall be consistent with the goals and objectives of the Association, as stated in the Constitution and Bylaws.

o. Representation Number: the number of members represented by a single district representative on the LAE Board of Directors. It is determined by dividing the number of members in the Association by the 18 district seats on the LAE Board of Directors.

p. Secret Ballot: a procedure for voting on slips of paper or on a machine in which a voter may cast a vote in secret.

q. State NEA Director: a member of the NEA Board of Directors elected to represent active and educational support members in a state.

r. Supervisor and Administrator: any person who has continuing authority to hire, transfer, discipline, dismiss, or otherwise direct employees or to effectively recommend any of the aforesaid actions.

s. LAE-SPAE – LAE Student Program, referring to student members of LAE.

15.  PARLIAMENTARY AUTHORITY

An affiliate shall officially adopt the latest version of Robert’s Rules of Order, Newly Revised as its parliamentary authority and may adopt special rules which supplement or substitute for that parliamentary authority provided that such procedures do not conflict with the Charter, the Constitution, these Bylaws or the Standing Rules as these documents may be interpreted by the Representative Assembly or Board of Directors.

 

CODE OF ETHICS OF THE EDUCATION PROFESSION

PREAMBLE

The educator, believing in the worth and dignity of each human being, recognizes the supreme importance of the pursuit of truth, devotion to excellence, and the nurture of democratic principles.  Essential to these goals is the protection of freedom to learn and to teach and the guarantee of equal educational opportunity for all.  The educator accepts the responsibility to adhere to the highest ethical standards.

The educator recognizes the magnitude of the responsibility inherent in the teaching process.  The desire for the respect and confidence of one’s colleagues, of students, of parents, and of the members of the community provides the incentive to attain and maintain the highest possible degree of ethical conduct.  The CODE OF ETHICS OF THE EDUCATION PROFESSION indicates the aspiration of all educators and provides standards by which to judge conduct.

The remedies specified by the NEA and/or its affiliates for the violation of any provision of this CODE shall be exclusive and no such provision shall be enforceable in any other form other than one specifically designated by the NEA or its affiliates.

PRINCIPLE 1

Commitment to the Student:

 The educator strives to help each student realize his or her potential as a worthy and effective member of society.  The educator therefore works to stimulate the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of worthy goals.  In fulfillment of the obligation to the student, the educator-

1. Shall not unreasonably restrain the student from independent action in the pursuit of learning.

2. Shall not unreasonably deny the student access to varying points of view.

3. Shall not deliberately suppress or distort subject matter relevant to the student’s progress.

4. Shall make reasonable effort to protect the student from conditions harmful to learning or to health and safety.

5. Shall not intentionally expose the student to embarrassment or disparagement.

6. Shall not on the basis of race, color, creed, sex, national origin, marital status, political or religious beliefs, family, social or cultural background, or sexual orientation, unfairly-

  • a. Exclude any student from participation in any program
  • b. Deny benefits to any student
  • c. Grant any advantage to any student

7. Shall not use professional relationships with students for private advantage.

8. Shall not disclose information about students obtained in the course of professional service, unless disclosure serves a compelling professional purpose or is required by law.

PRINCIPLE II

Commitment to the Profession

The education profession is vested by the public with a trust and responsibility requiring the highest ideals of professional service.

In the belief that the quality of the services of the education profession directly influences the nation and its citizens, the educator shall exert every effort to raise professional standards, to promote a climate that encourages exercise of professional judgment, to achieve conditions which attract persons worthy of the trust to careers in education, and to assist in preventing the practice of the profession by unqualified persons.

In fulfillment of the obligation to the profession, the educator-

1. Shall not in an application for a professional position deliberately make a false statement or fail to disclose a material fact related to competency and qualifications.

2. Shall not misrepresent his/her professional qualifications.

3. Shall not assist any entry into the profession of a person known to be unqualified in respect to character, education, or other relevant attribute.

4. Shall not knowingly make a false statement concerning the qualifications of a candidate for a professional position.

5. Shall not assist a non-educator in the unauthorized practice of teaching.

6. Shall not disclose information about colleagues obtained in the course of professional service unless disclosure serves a compelling professional purpose or is required by law.

7. Shall not knowingly make false or malicious statements about a colleague.

8. Shall not accept any gratuity, gift or favor that might impair or appear to influence professional decisions or action.

Adopted by 1975 Representative Assembly

PLEDGE TO CHILDREN

I pledge allegiance to the children of the United States of America

and to their future for which I stand - 

and resolve that this nation,

caring and just, shall reach the potential

in every child, with freedom and opportunity for all.

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Louisiana Association of Educators

LAE’s mission is to organize and empower educators to promote quality public schools, strengthen the profession, and improve the well-being of public school children across Louisiana.