BYLAWS OF SOUTH CAROLINA HOME EDUCATORS ASSOCIATION, INC
ARTICLE I—NAME AND LOCATION
The name of the corporation is SOUTH CAROLINA HOME EDUCATORS ASSOCIATION, INC hereinafter referred to as the Association. The principle mailing address of the Association shall be at SCHEA, P.O. Box 2707, Irmo, SC 29063-2707.
ARTICLE II – DEFINITION
The South Carolina Home Educators Association is a Christian organization dedicated to observing the Biblical commands of Deuteronomy 6:4-9, Proverbs 22:6, and Ephesians 6:4. We promote home education and believe that every family has the God-given mandate and responsibility to oversee the education of their children, regardless of their philosophy of education or religious affiliation. The Association is not a church nor is this organization meant to replace the ministry of the local church to the home education family.
ARTICLE III – PURPOSE
The Association, while promoting a Christian worldview, is organized to provide service and support to home educators and support groups within South Carolina, as specified within these Bylaws, including but not limited to the following ways:
1. Providing information regarding the state and national laws, pending legislation and court cases, which may have an impact on home education.
2. Educating the general public and government officials about the benefits of home education and the Constitutional right of parents to educate their children in order to protect the future of home education in South Carolina and the nation.
3. Aiding the creation and growth of home education support groups throughout South Carolina.
4. Providing information and training to home educating parents and member groups through conventions, workshops, seminars, lectures and/or newsletters.
5. Reviewing and disseminating home education materials and information concerning home education seminars, workshops and related events.
6. Actively working to protect the future freedoms of home education in South Carolina and the nation.
7. Supporting home education by research and its publication
ARTICLE IV – STATEMENT OF FAITH
1. The Bible to be the inspired, infallible, divinely preserved Word of God, the supreme and final authority for all faith and life.
2. That there is one God, eternally existent in three persons: Father, Son and Holy Spirit.
3. In the deity of our Lord Jesus Christ, His virgin birth, His sinless life, His miracles, His vicarious and atoning death through His shed blood on the cross, His bodily resurrection, His ascension, and His imminent bodily return in power and glory.
4. That man was created in the image of God, but fell into sin and is therefore lost, and only those who put their faith in Jesus Christ alone, not trusting in any personal works whatsoever, can be saved.
5. That salvation is the free gift of God brought to the sinner by grace and received by personal faith in the Lord Jesus Christ, who substitutionary death on the cross paid the penalty for man’s sin.
6. That the ministry of the Holy Spirit is to convict mankind, indwell, guide, instruct and empower the believer for godly living and service.
7. In the spiritual unity of believers through our common faith in the Lord Jesus Christ, and that individual doctrinal differences which may exist, outside the aforementioned (Article IV 1-06) should not hinder the unity of Christian home educators.
This Statement of Faith may not be amended or altered.
ARTICLE V – MEMBERSHIP
The membership year shall be determined by the Board of Directors.
The Association believes that the foundation of the freedom to homeschool is built, in part, on the traditional family. In accordance with biblical standards and the Association’s Statement of Faith, the Association believes that marriage is between one man and one woman. To avoid a conflict of interest, the Association will not accept into membership any persons or groups involved in “same-sex marriages,” “civil unions,” “Polygamy,” or similar relationships.
Section 1: Individual Membership
A “Member” of the Association is a person who supports the purpose of the Association in whose name dues are paid or the legal spouse of such a person. Individuals may remit an annual subscription and receive the following benefits:
1. Discounted entry fee to selected Association sponsored seminars or conventions.
2. Subscription to the Association newsletter
3. Emergency Alert notification
4. Any other benefits as granted by the Association’s Board of Directors.
The Association’s Board of Directors shall determine the amount of dues to be paid and shall establish criteria for approving membership applications by individuals. It shall be within the discretion of the Board to grant membership without full payment of dues to persons who certify that they cannot afford to pay regular dues.
Section 2: Group Membership
A “Member Group” of the Association is a homeschool support group or legal accountability association in South Carolina which provides support, or legal accountability, for homeschool families, AND which supports the purpose of the Association. A Member Group shall be permitted to join the Association by paying an annual fee determined by the Board of Directors. A discounted individual memberships fee shall be enjoyed by persons joining the Association who are qualified members of a member group of the Association. Other benefits may be granted to member groups as determined by the Board of Directors. The Board of Directors shall establish criteria for approving member group applications. Members joining the Association by discount through a member group shall be considered a member of the Association and receive all benefits as listed under Section 1.
ARTICLE VI – GOVERNMENT
Section 1: General Powers
The affairs of the Association shall be under the policy direction and implementation of a Board of Directors. This Board shall include a maximum of sixteen members. The Board shall have power to:
1. Exercise for the Association all powers, duties, and authority vested in this Association by the laws of the State of South Carolina and not reserved thereby to the general membership.
2. Delegate authority tot he President, and/or other Officers to act on behalf of the Association and/or the Board.
This Association shall exercise only those powers as are permitted for Corporations Not for Profit under the South Carolina Statutes and as are in furtherance of the purpose or purposes of the Association.
Section 2: Quorum
A majority of the Board of Directors shall constitute a quorum. If a quorum is not present at any meeting, a majority of those present at any meeting may postpone the meeting to another time without prior notice.
Section 3: Board Decisions
The act of the majority of the Board of Directors present at a meeting at which a quorum is present shall be the act of the Board, unless the act of a greater number is required by these bylaws. Each of the Directors, except the President, shall have one vote. Married couples on the Board of Directors are entitled to one vote. The President shall vote only in the case of a tie.
The Board of Directors may create positions and contract with any individuals or organizations necessary to assist the Association to carry out is stated purpose under such conditions and votes of payment as the Board of Directors shall determine, provided such condition are consistent with the Bylaws.
Section 4: Informal Action by the Board
The Board of Directors shall have the right to make any decision in the absence of a meeting, which they could take at a meeting, provided a majority of the Directors ratifies the decision and the rest of the Board is informed of the decision before any action is taken. A majority of the Directors shall ratify the decision at the next duly called meeting and this decision shall have the same effect as a decision made at a duly called meeting.
Section 5: Compensation
Directors shall not receive any compensation for services rendered to the Association, except as authorized by the Board of Directors. However, any Director may be reimbursed for actual expenses incurred while fulfilling Board duties, i.e. travel-related expenses, phone calls, postage, etc.
Section 6: Meetings
Meetings of the Board of Directors shall be held bi-monthly) beginning with January of each calendar year) at such place, day and hour as may be fixed by the Board. Special meetings of the Board of Directors shall be held when called by the President or 2/3rds of
the Directors. Notice of a special meeting shall be sent to all Directors at least seven days prior to the meeting.
ARTICLE VII – BOARD OF DIRECTORS
In the spirit of Matthew 20:28, all Board Members and Officers shall serve home educators throughout South Carolina.
Section 1: Qualifications to be on the Board of Directors
All Board Members:
1. Must sign a statement that they agree with all parts of the Statement of Faith, Statement of Purpose, and the Bylaws of this organization.
2. Must be a member of the Association
3. Must have educated their children at home for at least two years by the time their term of office begins.
Section 2: Duties of the Board of Directors
The Board of Directors shall have the duty to:
1. Keep a complete record of all its acts and corporate affairs and to present a statement thereof to the Directors annually;
2. Supervise all Officers and agents of this Association and see to it that their duties are properly performed;
3. Support and/or organize an annual educational convention;
4. Hold regular bi-monthly Board meetings;
5. Promote membership in the Association and maintain records of membership;
6. Actively attend meetings, serve, and shoulder Association responsibilities as assigned.
Section 3: Election of Board of Directors and Officers
Board members of South Carolina Home Educators Association are elected at the July bi-monthly meeting by the current Board members and serve a one-year term that expires on August 31 the following year. The Board of Directors as a whole is not affiliated with any particular Christian denomination. Board members may serve consecutive terms and there is no limit to the number of terms served. At each July bi-monthly meeting, a majority of the quorum of the Board of Directors shall elect a complete Board to hold office beginning September 1 and until successors shall have been elected and qualified.
A candidate roster for the election of Board members and nominations for Officers shall be compiled and presented at the May bi-monthly meeting. Officers shall be selected from current or previously active Board members. Nominations will be made and the ballot set at that time. If circumstances warrant, late additions may be considered and approved by a majority of the quorum of the Board of Directors.
Officers of the Association are elected at the July bi-monthly meeting by the current Board and serve a one-year term that expires on August 31 the following year. If circumstances warrant, election of officers may be held at a later date as approved by a majority of the quorum of the Board of Directors. Officers may serve consecutive terms and there is no limit to the number of terms served.
Member groups may nominate qualified individuals to the Board for consideration for membership by the Board of Directors by submitting a completed form obtained from the Association. Such nominations for the Association’s following membership year must be postmarked by April 1st to the Association.
If circumstances warrant, additional board members may be considered and approved by a majority of a quorum of the Board of Directors any time during the year. They would serve the remainder of the current one year term of the Board of Directors.
Section 4: Officers
There shall be four (4) offices consisting of: President, Vice-President, Secretary, and Treasurer. A minimum of three of these offices shall be filled.
Section 5: Removal or Resignation
Any member of the Board of Directors or Officer who is unable to fulfill his elected duties may resign by submitting a written letter of resignation to the President. If a member of the Board of Directors or Officer has been found by a majority of the Board of Directors to be in confessional or ethical noncompliance with the Association’s Statement of Faith, Purpose, or Bylaws, removal shall be by a two-thirds vote of the Board. The vacancy of any Office, as a result of resignation or removal, shall be filled by a majority vote of the Board at the next available meeting to fill the un-expired term.
ARTICLE VIII: Duties of the Officers
All Officers serve and are subject to the authority of the Board of Directors.
Section 1: President
The President shall preside at all meetings of the Association and of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall represent the Association and/or the Board, as instructed by the Board; shall perform all
Responsibilities delegated to him by the Board; shall render an annual report at the end of each Association year; and shall see to it that an annual audit is performed by a CPA or an audit committee, unless this requirement is waived by the Board, and shall report on the audit to the Board. He shall also serve notice of all meetings of the Association and of the Board and shall maintain membership records; as allowed by the Board he may delegate these responsibilities to others.
Section 2: Vice-President
The Vice-President shall act in place of the President in the event of his absence or his inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the President and/or Board.
Section 3: Secretary
The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board, shall keep the corporate seal of the Association and affix it on all papers requiring such seals; and shall perform such other duties as required by the Board.
Section 4: Treasurer
The Treasurer shall receive and deposit in the bank account of the Association, all monies of the Association and shall disperse such funds as directed by the resolution of the Board of Directors; may sign checks and promissory notes of the Association; may designate own depositors; keep proper books of accounts; shall make available all financial records and shall present an itemized fiscal report at all regular meetings of the Board of Director and shall prepare an annual budget and a statement of the income and expenditures to be presented to the Board of Directors at the May bi-monthly meeting to be approved at the July bi-monthly meeting.
ARTICLE IX: DISTRIBUTION OF ASSETS UPON DISSOLUTION
Upon dissolution of the Association, all of its assets remaining after paying or making provision al all of the liabilities of the Association shall be distributed exclusively for the purpose or purposes of the Association, or to an organization or organizations organized and operated exclusively as a tax-exempt organization or organizations under Section 501 (c)(3) of the Internal Revenue Code as from time to time amended (or the corresponding provision of any future United States Internal Revenue Law), as the Board of Directors shall determine.
ARTICLE X: LIMITATIONS
No part of the net earnings of the Association shall inure to the benefit of, or be distributable to, its members, Directors, or agents, except that the Association shall be authorized and empowered to pay reasonable compensation or services rendered and to make payments and distributions in furtherance of the purpose or purposes of the Association.
No substantial part of the activities of the Association shall be the carrying on of political propaganda.
The Association shall not participate in or intervene in any political campaign on behalf of or in opposition to any candidate for political office. Notwithstanding any other provision of the Bylaws, the association shall not engage in any activities that are not permitted under (a) a corporation exempt from federal income tax under Section 501 (c) (3) of the Internal revenue Code or (b) by a corporation, contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code (or the corresponding provisions of any future United States Revenue Laws).
ARTICLE XI: MISCELLANEOUS
Section 1: Check Signing
All checks shall require the signature of the Treasurer or the President, or that person who the President shall designate; provided that the Board may provide for alternate arrangements.
Section 2: Amendment
These Bylaws, except for Article IV Statement of Faith, may be amended by a two-thirds vote of the Board of Directors at a properly called meeting of the Board, provided that the
language of the amendment has been presented at the regular Board meeting immediately prior to the vote.
Section 3: Superiority of Articles
In the case of any conflict between the Article of Incorporation ad these Bylaws, the Articles shall control.
Section 4: Fiscal Year
The Association’s fiscal year shall be from September 1 through August 31.
Last Revised: February 2012