RA Action:

News from the NEA Annual Meeting

July 5, 2008

Amendments to the NEA Constitution, Bylaws, and Standing Rules

The Representative Assembly will vote on amendments to the Standing Rules by voice vote at the first business meeting, July 3, 2008. Standing Rule amendments, if adopted, are effective immediately unless otherwise specified.

The Assembly will vote on amendments to the Constitution and Bylaws July 5, 2008. Amendments will be discussed before the voting begins.

Amendments to the Constitution and Bylaws become effective on September 1 following their adoption unless otherwise specified.

Further information may be obtained from NEA Governance and Policy Support, 1201 16th St., N.W., Washington, DC 20036, (202) 822-7923.

Proposed deletions to the text appear in [brackets] and proposed additions are underscored.

Amendments to the Standing Rules

STANDING RULE AMENDMENT 1

Defeated

STANDING RULE AMENDMENT 2

Defeated

STANDING RULE AMENDMENT 3

Defeated

Amendment to the NEA Constitution:

CONSTITUTIONAL AMENDMENT 1

TITLE:   To allow the NEA Bylaws to provide NEA membership for certain persons who are not education employees, and to prohibit such members from serving as officers of the Association, members of the Board of Directors, or delegates to the Representative Assembly.

Article II. Membership
Section 2. Membership Eligibility: Provisions and Limitations.

a.  Membership, as provided in the Bylaws, shall be open to persons engaged in the profession of teaching or in other educational work and to persons interested in advancing the cause of public education who shall agree to subscribe to the goals and objectives of the Association and to abide by its Constitution and Bylaws.

e.  Persons interested in advancing the cause of public education who are not active or retired education employees and who are not student members and who are granted membership pursuant to Section 2(a) above shall not have the right to serve as officers of the Association, as members of the Board of Directors, or as delegates to the Representative Assembly.

IMPACT STATEMENT:
The first part of this amendment would amend Article II, Section 2(a) to allow the NEA Bylaws to provide NEA membership for certain persons who are not education employees. The 2006 Representative Assembly amended Bylaw 2-1(a) and (g) to establish an Associate membership category for non-education employees who are “interested in advancing the cause of public education,” and who meet certain other requirements. These Bylaw amendments have been held in abeyance and cannot be implemented without Constitutional authorization. They will be implemented if this Constitutional amendment is adopted.

The second part of this amendment would add a new Article II, Section 2(e), which would prohibit persons who are granted NEA membership because they are “interested in advancing the cause of public education”—but are not active or retired education employees, or NEA Student members—from serving as NEA officers, members of the NEA Board of Directors, or delegates to the NEA Representative Assembly.

An NEA membership category open to non-education employees interested in advancing the cause of public education existed prior to the 1993–94 membership year. The 1993 NEA Representative Assembly amended Article II, Section 2(a), of the NEA Constitution and NEA Bylaw 2-1 to eliminate the category.

An amendment that was the same as the proposed amendment to Article II, Section 2(a) was defeated by the Representative Assembly in 2006 and 2007, but the 2006 and 2007 amendment did not include the proposed addition of a new Article II, Section 2(e).

Contact: Jane R. Stern, Maryland

Amendments to the NEA Bylaws:

BYLAW AMENDMENT 1-A

The RA divided Bylaw Amendment 1-A into two parts, Bylaw Amendment 1-A(1) and Bylaw Amendment 1-A(2), as requested by the maker, the NEA Board of Directors.

BYLAW AMENDMENT 1-A(1)

TITLE:  To make persons employed in private sector preschool programs eligible for NEA Active membership.

Bylaw 2. Membership
2-1. Categories.

b. Active membership shall be open to any person (i) who is employed by or in a public school district, public or private preschool program, public or private college or university, or other public institution devoted primarily to education, regardless of the specific nature of the functions that the person performs at the work site and regardless of who actually employs the person; (ii) who is employed by a public sector employer other than a school district, college or university, or other institution devoted primarily to education but who is employed primarily to perform educational functions; (iii) who is on limited leave of absence from the employment described in items (i) and (ii) above; or (iv) who is serving as an executive officer of the Association or of a state or local affiliate. The Association shall continue to allow Active membership to those Active members (i) who have been laid off due to a reduction in force for as long as such persons are eligible to be recalled, or for three (3) years, whichever is longer; or (ii) who have been discharged for as long as a legal challenge to such discharge is pending.

An Active member who is engaged in or on a limited leave of absence from professional educational employment shall hold or shall be eligible to hold a baccalaureate or higher degree or the regular teaching, vocational, or technical certificate required by his or her employment or shall be an exchange teacher who is regularly employed as a teacher in another country.

Active membership is limited to persons who support the principles and goals of the Association and maintain membership in the local and state affiliates where eligible. The Association shall not accept as Active members persons who are not eligible for Active membership (or the equivalently designated membership category) in the state affiliate, unless the state affiliate (i) by action of its board of directors (or equivalent governing body) approves such acceptance and (ii) enters into an agreement with the Association pursuant to which the state affiliate agrees to function as the Association’s agent for the delivery of Association services and programs to the members in question. Approval by and a service agreement with the state affiliate shall not be prerequisites to the Association’s acceptance into Active membership of persons who are not eligible for active membership (or the equivalently designated membership category) in the state affiliate if said persons are members of a local affiliate that (i) is comprised predominantly of persons who are not eligible for active membership in the state affiliate and (ii) was a local affiliate of the Association as of the effective date of this amendment.

IMPACT STATEMENT:

Under Article II, Section 2(a), of the NEA Constitution, only “persons engaged in the profession of teaching or in other educational work” are eligible for any category of NEA membership.  In order to be eligible for NEA Active membership, a person must, in addition, meet the requirements set forth in Bylaw 2-1(b). With two exceptions, Bylaw 2-1(b) limits NEA Active membership to public sector education employees.  The exceptions are for (1) employees of private sector colleges and universities, and (2) private sector employees who perform their services “in” a public school district or other public sector education worksite.  This amendment would expand the categories of private sector education employees who are eligible for NEA Active membership to include persons employed in private sector preschool programs.  This amendment would notmake persons employed in private sector elementary/secondary schools and other non-preschool private sector institutions devoted primarily to education eligible for NEA Active membership.  Such persons would become eligible only if Bylaw Amendment 1-A(2) is adopted.

The fact that a person is eligible for NEA Active membership under Bylaw 2-1(b) does not necessarily mean that NEA can accept that person as an NEA Active member.  The third paragraph of Bylaw 2-1(b)—which is not changed by this amendment—makes the state affiliates the gateway to NEA Active membership.  If an employee who is eligible for NEA Active membership is also eligible for Active membership in the state affiliate, NEA can accept the person as an Active member.  If, on the other hand, the person is not also eligible for Active membership in the state affiliate, NEA can accept the person as an Active member only if the state affiliate gives its approval, and agrees to function as NEA’s agent for the delivery of services and programs to the member in question.

Contact:
NEA Board of Directors

BYLAW AMENDMENT 1-A(2)

   TITLE:   To make persons employed in private sector elementary/secondary schools and other non-preschool private sector institutions devoted
primarily to education eligible for NEA Active membership.

  Bylaw 2. Membership
   2-1. Categories.
   b.Active membership shall be open to any person (i) who is employed by or in a public school district, private elementary or secondary school, public or private college or university, or other public or private institution devoted primarily to education, regardless of the specific nature of the functions that the person performs at the work site and regardless of who actually employs the person; (ii) who is employed by a public sector employer other than a school district, college or university, or other institution devoted primarily to education but who is employed primarily to perform educational functions; (iii) who is on limited leave of absence from the employment described in items (i) and (ii) above; or (iv) who is serving as an executive officer of the Association or of a state or local affiliate. The Association shall continue to allow Active membership to those Active members (i) who have been laid off due to a reduction in force for as long as such persons are eligible to be recalled, or for three (3) years, whichever is longer; or (ii) who have been discharged for as long as a legal challenge to such discharge is pending.

   An Active member who is engaged in or on a limited leave of absence from professional educational employment shall hold or shall be eligible to hold a baccalaureate or higher degree or the regular teaching, vocational, or technical certificate required by his or her employment or shall be an exchange teacher who is regularly employed as a teacher in another country.
   Active membership is limited to persons who support the principles and goals of the Association and maintain membership in the local and state affiliates where eligible. The Association shall not accept as Active members persons who are not eligible for Active membership (or the equivalently designated membership category) in the state affiliate, unless the state affiliate (i) by action of its board of directors (or equivalent governing body) approves such acceptance and (ii) enters into an agreement with the Association pursuant to which the state affiliate agrees to function as the Association’s agent for the delivery of Association services and programs to the members in question. Approval by and a service agreement with the state affiliate shall not be prerequisites to the Association’s acceptance into Active membership of persons who are not eligible for active membership (or the equivalently designated membership category) in the state affiliate if said persons are members of a local affiliate that (i) is comprised predominantly of persons who are not eligible for active membership in the state affiliate and (ii) was a local affiliate of the Association as of the effective date of this amendment.

IMPACT STATEMENT:

Under Article II, Section 2(a), of the NEA Constitution, only “persons engaged in the profession of teaching or in other educational work” are eligible for any category of NEA membership.  In order to be eligible for NEA Active membership, a person must, in addition, meet the requirements set forth in Bylaw 2-1(b).  With two exceptions, Bylaw 2-1(b) limits NEA Active membership to public sector education employees.  The exceptions are for (1) employees of private sector colleges and universities, and (2) private sector employees who perform their services “in” a public school district or other public sector education worksite.  This amendment would expand the categories of private sector education employees who are eligible for NEA Active membership to include persons employed in private sector elementary/secondary schools and other non-preschool private sector institutions devoted primarily to education.  This amendment would notmake persons employed in private sector preschool programs eligible for NEA Active membership.  Such persons would become eligible only if Bylaw Amendment 1-A(1) is adopted.

The fact that a person is eligible for NEA Active membership under Bylaw 2-1(b) does not necessarily mean that NEA can accept that person as an NEA Active member.  The third paragraph of Bylaw 2-1(b)—which is not changed by this amendment—makes the state affiliates the gateway to NEA Active membership.  If an employee who is eligible for NEA Active membership is also eligible for Active membership in the state affiliate, NEA can accept the person as an Active member.  If, on the other hand, the person is not also eligible for Active membership in the state affiliate, NEA can accept the person as an Active member only if the state affiliate gives its approval, and agrees to function as NEA’s agent for the delivery of services and programs to the member in question.

Contact:NEA Board of Directors

BYLAW AMENDMENT 1

Withdrawn

BYLAW AMENDMENT 2

TITLE:To give NEA-Retired, rather than the NEA Board of Directors, the power to adopt (and amend) the NEA-Retired Bylaws. 

Bylaw 8. Affiliates and Special Interest Groups

8-6. NEA-Retired.

The NEA-Retired shall be an organization comprised solely of the Retired members of the Association. [The bylaws of NEA-Retired shall be adopted by the Board of Directors of NEA.] The president of NEA-Retired shall be chosen by the retired delegates to the NEA Representative Assembly.

8-14. Standards for NEA-Retired.

The NEA-Retired shall operate in accordance with its bylaws [adopted by the Board of Directors], which shall be compatible with the Constitution and Bylaws of the Association.

The NEA-Retired shall conduct all elections with open nominations and a secret ballot.

IMPACT STATEMENT:

The NEA Board of Directors currently has the power to adopt (and amend) the Bylaws of NEA-Retired. This amendment would take this power away from the NEA Board of Directors and allow NEA-Retired to adopt (and amend) its own bylaws. This amendment would not change the requirement in NEA Bylaw 8-14 that the NEA-Retired Bylaws “shall be compatible with the Constitution and Bylaws of” NEA.  This means that the NEA-Retired Bylaws could not change the eligibility criteria for NEA-Retired membership (which is addressed in NEA Bylaw 2-1(d) and NEA Bylaw 8-6), the dues of NEA-Retired members (which is addressed in NEA Bylaw 2-7(h)), the process for electing the NEA-Retired President (which is addressed in NEA Bylaw 8-6), and the requirement for elections with open nominations and a secret ballot (which is addressed in NEA Bylaw 8-14). In the event of a conflict between the NEA Constitution/Bylaws and the NEA-Retired Bylaws, the former would be controlling. 

Contact: NEA Board of Directors