AERA Division C Bylaws
as amended at the 2012 annual meeting on 4/14/12
ARTICLE I: NAME, PURPOSE, AND GOVERNING AUTHORITY
Section 1. Name. The Division shall be known as Division C - Learning and Instruction.
Section 2. Purpose. The purposes of Division C are to advance knowledge about learning and instruction, to encourage scholarly inquiry related to learning and instruction, and to promote the use of research to improve learning and instruction in order to serve the public good.
Section 3. Affiliation. Division C – Learning and Instruction is a division of the American Educational Research Association (AERA) and, as such, members of Division C pay annual dues to AERA and participate as active members of AERA.
Section 4. Governing authority. The Division shall be governed by these Bylaws as amended. These Bylaws shall not conflict with the Bylaws and Article of Incorporation of AERA.
ARTICLE II: MEMBERSHIP
Section 1. Eligibility. Division members must be current members of AERA. Eligibility shall be based on annual payment of Division dues as specified by AERA.
Section 2. Rights. Voting members of the Division may vote and hold elective office in the Division.
Section 3. Termination of membership. Failure of a member to pay dues for any membership year by the date fixed by AERA results in automatic termination of membership. At the member's request and payment of current dues, anyone whose membership has been terminated for nonpayment of dues may be reinstated by AERA.
ARTICLE III: ELECTED OFFICERS, NOMINATIONS, AND ELECTIONS
Section l. Elected officers. The elected officers of the Division shall be Vice-President and Secretary.
Section 2. Qualifications. Only current voting members of the Division may hold elective offices. Previous service to the Division is not required, but is recommended.
Section 3. Terms.
The term of office of the Vice-President shall be three years or as modified or designated in the Bylaws of AERA. The Vice-President is not eligible for immediate re-election and may serve a second, non-consecutive term.
The term of the Secretary shall be two years or as modified or designated in the Bylaws of AERA. The Secretary may be re-elected only once.
It is intended that the terms of the Vice-President and Secretary be staggered so that there is continuity for each new term.
The terms of office shall begin the day following the close of the annual meeting. If an emergency prevents an annual meeting, the terms of office shall begin as close as feasible to the dates the term of office of their predecessors would normally expire, the exact dates to be set by the Executive Board of AERA.
Section 4. Nominations and elections.
The Nominating Committee shall be appointed by the Vice-President. Whenever possible, the immediate Past Vice-President shall chair the Nominating Committee during the term of the new Vice-President.
The Nominating Committee shall propose nominations of not less than two names for each open position, and shall submit the list of nominees for the divisional officers, accompanied by evidence of the nominees' consent to run, to the Executive Director of AERA for inclusion on the ballot. The Executive Director shall communicate the report of the Division C Nominating Committee to members for their information. By written request of five percent or more of Division C members in good standing at the time the petition is received, other nominations for a division office may be submitted to the Executive Director. In all other respects, division elections shall be conducted according to the procedures set forth in the AERA Bylaws.
Elected officers of the Division shall be chosen by execution of ballot by the voting members of the Division in accordance with the election regulation of AERA.
Section 5. Schedule for nominations and elections. The schedule for elections shall conform to AERA Bylaws.
Section 6. Vacancies.
When a vacancy in the office of the Vice-President occurs during the term, the Secretary shall become Vice-President and serve out the term.
When a vacancy in the office of Secretary occurs, the Vice-President shall appoint a person to serve out the term.
Section 7: Roles and Responsibilities.
The duties of the Vice-President include appointing the Program Chair, Communications Director, and all committee chairs and members; scheduling and chairing the Annual Business Meetings; scheduling and chairing the Executive Board Meetings; developing and overseeing the Division C budget; communicating with Division C members concerning Division activities; overseeing the effective operation of the Division; and serving as the Division C Representative on AERA Council.
The duties of the Secretary include taking minutes at the Annual Business meetings and making the minutes available to members; taking minutes at the Executive Board meetings and making the minutes available to the members; serving as Vice-Chair of the Executive Board; and assisting the Vice-President in overseeing the effective operation of the Division.
ARTICLE IV: THE EXECUTIVE BOARD
Section 1. Membership. There shall be an Executive Board consisting of the Vice-President, the immediate Past Vice-President, the Vice-President Elect (if applicable), the Secretary, the Program Chair, the Communications Director, and the Chairs of standing Division Committees.
Section 2. Duties. The Executive Board shall be the legislative and policy-determining body of the Division. It shall have power to direct and review the general affairs of the Division within the limits set forth in these Bylaws.
Section 3. Officers. The Vice-President shall be Chair of the Executive Board and the Secretary shall be Vice-Chair.
Section 4. Meetings.
The Executive Board shall hold at least one meeting each year, at a time and place to be determined by the Vice-President. The Vice-President may call additional meetings as needed and must call a meeting upon written request of a majority of the Executive Board members.
Quorum requirements shall be determined by the Executive Board, and unless otherwise specified in these Bylaws, decisions shall be made by a majority of those present.
Upon approval of Executive Board, observers may be allowed to attend portions of the Executive Board meeting. For some items involving confidential personal matters, the Executive Board may go into closed session.
The Secretary shall keep minutes of the Executive Board meetings. All actions of the Executive Board shall be reported in writing at least once a year and made available to members of the Division. A record of the actions of the Executive Board shall be maintained by the Secretary.
ARTICLE V: COMMITTEES
Section 1. Committee structure. The committee structure of the Division shall consist of (a) standing committees, and (b) special committees.
Section 2. Standing committees.
a. Standing committees may be established or discontinued by majority vote of the Executive Board. The duties and terms of office of standing committees shall be described in a charge from the Executive Board and may be revised from time to time by the Executive Board. Unless otherwise specified, the Vice-President shall appoint standing committee chairs and members.
b. The Nominating Committee is a standing committee and shall perform the duties specified in Article III, Section 4b.
c. A list of current standing committees is presented in Appendix A.
Section 3. Special committees.
Special committees may be established by the Executive Board to carry out particular tasks as described in a charge from the Executive Board. The Executive Board shall designate the term of special committees when they are approved.
Chairs and members of special committee shall be appointed by the Vice-President. Special committees shall be discharged when tasks assigned have been completed, or upon a majority vote of the Executive Board.
A list of current special committees is presented in Appendix B.
Section 4. Membership. Committee chairs and members must be current Division C members and AERA members.
ARTICLE VI: PUBLICATIONS
Section 1. Policy. One of the principal means by which the Division accomplishes its goals is through communication among members. The Division shall therefore engage in the preparation, production, distribution, and financing of such occasional and regular publications as the Executive Board shall determine. These publications must, however, meet with approval of AERA.
ARTICLE VII: FINANCES
Section 1. Dues, fees, and assessments. Dues and special assessments for Division membership shall be governed by AERA Bylaws.
Section 2. Budget. The Vice-President shall furnish the membership with an annual report of the approved budget.
Section 3. Audit and control.
All receipts and disbursements shall be made only through AERA, in accord with AERA procedures.
All employees and officers entrusted with financial responsibilities will be bonded, with premiums on the fidelity bonds paid by the Association.
The Division shall use funds collected only to accomplish objectives and purposes stated in these Bylaws. No member or group of members shall commit the financial resources of the Division in any manner except as stipulated in these Bylaws.
The Vice-President shall develop and oversee a budget in accordance with AERA procedures, and with advice and approval of the Executive Board. Decisions concerning financial expenditures shall be made by a majority vote of the Executive Board. The Executive Board may delegate some authority for financial expenditures to the Vice-President.
ARTICLE VIII: MEETINGS AND BUSINESS
Section 1. Scheduling of meetings. The Vice-President shall have authority to set the time and place of meetings of the Division.
Section 2. Annual Business Meeting. Except for sufficient reason, there shall be a meeting of the members of the Division each year. The meeting shall be arranged as a forum for reports and discussion of Division affairs. At this meeting, agenda items may be proposed for the next meeting. The Vice-President shall be responsible for setting the agenda of the meeting in consultation with the Executive Board. The Vice-Present shall submit an Annual Report to be presented at the Annual Business Meeting. The Secretary will record and maintain the minutes of the Annual Business Meeting, and make them available in written form to members of the Division.
Section 3. Notice of meetings. Announcement of time and place of any meeting of the Division shall be made as far ahead as is reasonably possible.
Section 4. Rules of Order. In all cases to which they apply and do not conflict with the provisions of these Bylaws, Robert's Rules of Order (current edition) shall govern business meetings of the Division.
Section 5. Membership approval. Items of business requiring the vote of the members shall be originated from the Executive Board and transacted either at the Annual Business Meeting or by mail, electronically, or by other means as determined by the Executive Board. For items presented at the Annual Business Meeting, an affirmative vote by a majority of those attending the Annual Business Meeting shall be sufficient for acceptance. For items transacted by mail or electronically, an affirmative vote by a majority of members returning ballots within 30 days shall be sufficient for acceptance of an action. A summary of actions taken by the membership shall be included in the Annual Report by the Vice-President. It shall be in order for any member of the Division to propose items for discussion and consideration at the next business meeting of the Division, subject to approval by the Executive Board.
Section 6. Quorum rule. Quorum requirements for conducting business at annual meetings will be set by the Executive Board.
ARTICLE IX: AMENDMENTS AND REVISIONS
Section 1. Initial Adoption.
a. Drafts of the initial bylaws shall be submitted to the AERA Central Office for review.
b. A draft incorporating suggested modifications from the AERA Central Office shall be posted on the Division C Website for membership review and input.
c. The revised draft bylaws will be submitted to AERA Council for approval in spring of 2008.
d. The revised draft bylaws will be presented to the Division C membership for discussion at the Division C Business Meeting to be held at the 2008 Annual Meeting of AERA.
e. A formal vote of approval of the bylaws by Division C membership will be sought at the 2009 AERA elections or sooner if possible.
f. Adoption of these Bylaws shall be by an affirmative vote by two-thirds of the Division C voting members executing ballots within 30 days of receipt of the ballots and copies of the bylaws electronically. The AERA Executive Director shall review the procedure and certify the results.
Section 2. Amendments. Amendments or other changes in these Bylaws may be initiated in either of the following ways:
The Executive Board may formulate amendments and submit them, with a summary of arguments, to the members of the Division for a vote (as specified in Article VIII, Section 5).
A group consisting of at least 5% of the current Division C members may submit to the Vice-President a proposed amendment in writing and signed by the sponsors. The Executive Board shall then submit the proposed amendment to the members of the Division for action (as specified in Article VIII, Section 5). The Executive Board may include a summary of arguments advanced by the sponsors as well as the Executive Board’s arguments and recommendations.
Section 3. Adoption. Amendments or revisions may be acted on by the voting members of the Division, in either of the following ways at the discretion of the Vice-President:
a. The Vice-President shall send the proposed changes with explanations and arguments, a ballot, and a request for a mail or electronic vote to the voting members of the Division. At least 30 days must elapse between the date on which the proposal is provided to the members and the date on which the vote is counted. An affirmative vote by a majority of the members returning ballots within 30 days shall be sufficient for acceptance of an amendment.
b. The voting members of the Division may vote on a proposed Bylaws change at the Annual Business Meeting of the Division, with a majority vote needed for adoption.
c. The results of the vote shall be reported to the membership in the next available issue of the Division C Newsletter or similar means. An amendment to the Bylaws becomes effective upon acceptance unless otherwise specified on the ballot.
Appendix A: Officers and Standing Committees
Vice-President
Secretary
Communications Director
Program Committee (Chair)
Affirmative Action Committee (Chair)
Awards Committees
Graduate Student Award Committee (Chair)
Jan Hawkins Award Committee (Chair)
Sylvia Scribner Award Committee (Chair)
Graduate Student Committee (Chair)
Graduate Student Council Senior Representative
Graduate Student Council Junior Representative
Faculty Advisor
Graduate Student Mentoring Committee (Chair)
Membership (Chair)
New Faculty Mentoring Committee (Chair)
Nominating Committee (Chair)
Publications Committee (Chair)
Appendix B: Special Committees
Communicating Research Findings to Policy Makers Committee (Chair)
International Research and Scholarship Committee (Chair)