To the NEA Standing Rules, Constitution, and Bylaws
For Vote by the 2015 Representative Assembly

(Proposed insertions of language are underscored; Proposed deletions are shown in strikethrough).


CONSTITUTIONAL AMENDMENT 1

TITLE: Repeal of proportionate delegate allocation to merged states.

Article III. Representative Assembly
Section 2(c). Allocation of Delegates

The ratios to be used for the allocation of delegate credentials to state affiliates, dual-national state affiliates, and dual national local affiliates shall be proportionately adjusted to reflect the reduction in Association dues paid by Active members of such affiliates pursuant to Bylaw 2-7(m)., provided that this Article III, Section 2(c) shall not apply to Active members of a dual national local affiliate (i) in a state that does not have a dual-national state affiliate, and (ii) that became affiliated with the Association as a dualnational local affiliate prior to September
1, 1999.

IMPACT STATEMENT:

NEA apportions distinct delegate allocations to the Representative Assembly on two levels:  state and local.  The formula for allocating these delegates is set out in Article III of the NEA Constitution as follows:

Local 1:150 Active Association members
State 1:1,000 Active Association members (no fewer than 15 per state)

   In April 1999, the NEA Board of Directors, in approving guidelines for mergers between NEA and AFT state affiliates (“dual-national state” or “dual-national local affiliates”), proportionally reduced the delegate allocations for such merged states and locals to reflect the percentage of Active member dues paid to NEA.  Bylaw and Constitutional Amendments implementing these guidelines were approved by the NEA Representative Assembly in 1999 and 2000 respectively.

Specifically, Article III section 2(c) states that:

The ratios to be used for the allocation of delegate credentials to state affiliates, dual-national state affiliates, and dual national local affiliates shall be proportionately adjusted to reflect the reduction in Association dues paid by Active members of such affiliates pursuant to Bylaw 2-7.m, provided that this Article III, Section 2 (c) shall not apply to Active members of a dual national local affiliate (i) in a state that does not have a dual-national state affiliate, and (ii) that became affiliated with the Association as a dual-national local affiliate prior to September 1, 1999.

Bylaw 2-7.m sets forth how this allocation percentage is to be calculated. It requires that members of a dual-national state affiliate maintain membership in NEA and AFT where eligible, and the total combined national dues they pay cannot be less than NEA dues for the relevant membership category.  If a member of a dual-national state affiliate is a member of both NEA and AFT, that member’s total combined national dues are allocated between NEA and AFT.  The allocation reflects the comparative number of members in the relevant membership category who were eligible for NEA membership in the respective NEA and AFT state affiliates during the membership year immediately preceding the merger effective date.  This ratio (“allocation percentage”) is the basis for proportional adjustment of the affiliate’s delegate allocation.

Consider the following example:

  1. During the membership year immediately preceding the effective date of merger, the NEA state affiliate had 80,000 NEA Active members.  At that time, the affiliate was entitled to one delegate for each 1,000 NEA Active members – a total of 80 state delegates.
  2. After merger, the dual-national state affiliate has 100,000 NEA Active members (80,000 former NEA members and 20,000 AFT members).  Pursuant to the dues allocation called for in Bylaw 2-7.m, NEA would receive 80 percent of full NEA Active member dues from these 100,000 members.
  3. Although the dual-national state affiliate has 100,000 Active members, its delegate credentials are adjusted by the same percentage as the dues, resulting in 80 delegate seats rather than 100.

The NEA Active membership counts for merged state affiliates and/or local affiliates of merged state affiliates are proportionately adjusted to reflect the reduction in Association dues paid by Active members of the merged affiliate. The total number of members based on membership received as of January 15 multiplied by the state’s allocation percentage equals the adjusted membership count. (NEA Active Membership Count) X (Allocation Percentage) = Adjusted Count

Currently, five (5) dual-national state affiliates are subject to this adjustment:  Florida, Minnesota, Montana, New York, and North Dakota.  Their dues and delegate allocation percentages are:

State

Allocation Percentage

Florida

53.05%

Minnesota

68.77%

Montana

70.61%

New York

8.38%

North Dakota

81.14%

The proposed amendment would strike Article III, section 2(c) from the Constitution.  Thus, merged state associations would receive the full Active member delegate allocation based on a ratio of 1:1,000 Active members, and merged local associations would also receive the full Active member delegate allocation based on a ratio of 1:150 Active members or major fraction thereof.

The following table provides a comparison of state delegate allocations for merged associations both with and without applying the merged state’s respective allocation percentage:

*State Delegate Allocations for Merged Associations

State Active members
using allocation percentage
Delegates allocated Active members without using allocation percentage Delegates allocated Change in number of delegates allocated
Florida 67,337 67 126,696 126 59
Minnesota 54,641 54 77,610 77 23
Montana 11,531 15 16,215 16 1
New York 33,353 33 384,629 384 351
North Dakota 7,152 15 8,769 15 0

This table provides a comparison of local delegate allocations for merged associations both with and without applying the merged state’s respective allocation percentage:

*Local Delegate Allocations for Merged Associations

State Active members
using allocation percentage
Delegates allocated Active members without using allocation percentage Delegates allocated Change in number of delegates allocated
Florida 66,890 444 126,090 841 397
Minnesota 50,292 292 73,268 433 141
Montana 10,989 44 15,735 81 37
New York 31,876 124 372,418 2,457 2,333
North Dakota 5,624 26 7,023 29 3

Taken together, the change in state and local delegates shown on these two tables represents the total potential change in elected representation.

While Article III, section 1 of the NEA Constitution establishes allocation of state and local credentials related to Active membership, it stipulates that “other delegate credentials shall be allocated as provided in the Bylaws.” Thus, this proposed amendment would not impact allocation of delegate credentials to state affiliates for other membership categories.  These other categories are: Students, Retired, school nurse members denied active membership in local affiliates, higher education members denied active membership in local affiliates, education support professionals denied active membership in local affiliates, and clustered category 2 members (see Bylaw 3-1.k).

Submitted by:  Education Minnesota, MEA-MFT, and North Dakota United
Contact Person: Eric Feaver, Montana

*Based on 2015 NEA RA Delegate Allocation

 


CONSTITUTIONAL AMENDMENT 2

Withdrawn


CONSTITUTIONAL AMENDMENT 3

TITLE: To replace the requirement that NEA committees be comprised of at least 75 percent classroom teachers with a requirement for at least one classroom teacher and one Education Support Professional on NEA committees.

Article III. Representative Assembly
Section 6. Committees.

All appointive bodies of the Association except the Review Board shall be designated by the term committee. A Committee on Constitution, Bylaws, and Rules shall be established by the Representative Assembly. All other committees shall be established or discontinued as provided in the Bylaws. All committees except the Advisory Committee of Student Members shall be comprised of at least one (1) classroom teacher and one (1) Education Support Professional. comprise at least seventy-five (75) percent classroom teachers. There shall be a minimum of twenty (20) percent ethnic minority representation on each committee.

IMPACT STATEMENT:

Article III, Section 6 of the Constitution provides that all committees, except the Advisory Committee of Student Members, must be composed of at least seventy-five (75) percent classroom teachers. Bylaws 3-13 and 4-1 provide additional information regarding the process for committee member appointment, qualifications, vacancies, and approval.

The 75 percent requirement was adopted in 1973 as part of the new NEA Constitution.  This was prior to the 1980 vote by the Representative Assembly granting full membership rights to Education Support Professionals.

If adopted, the amendment would remove the minimum percentage of classroom teachers required on all committees and would replace it with a requirement that all committees include at least one classroom teacher and one Education Support Professional.

Under the amendment, committee members would continue to be appointed by the President with the advice and consent of the Board of Directors, as provided in Bylaw 4-1. The President could still appoint classroom teachers to a super majority status on committees if he/she chose to do so.

If the amendment is adopted, Bylaw 3-13.b would be removed as well to reflect the elimination of the percentage requirement from the Constitution.  This section requires that a member vacate a committee seat if a change in the member’s education position violates the constitutional requirement of at least seventy-five (75) percent classroom teacher committee membership.  Under the proposed amendment, a committee member would still be required to vacate a committee seat upon a change in education position (for example a change to retired status) if no other committee member met the required ESP or classroom teacher status.

Submitted by:  50 Delegates
Contact Person: Kevin Michles, California


BYLAW AMENDMENT A

Title:  To create an emergency safe harbor for Executive Committee members.

Bylaw 2-1(b) Membership Categories.

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; (iv) who is a member of a state affiliate in the state affiliate’s Active (or equivalently designated) membership category; or (v) who is serving as an executive officer of the Association or of a state or local affiliate; or (vi) who is elected to serve as an Executive Committee member and whose employment as described in (i) or (ii) above is subsequently involuntarily terminated before the end of their current term.

IMPACT STATEMENT:

To run for a position on the NEA Executive Committee, candidates must have been Active NEA members for at least two (2) years immediately preceding the election (NEA Constitution, Article IV, Section 2b).  To hold a position on the NEA Executive Committee once elected, individuals must maintain Active NEA membership (NEA Constitution, Article IV, section 2b).

These NEA Constitutional requirements are enforced in accordance with the definitions of Active NEA membership in NEA Bylaw 2-1.  In most instances, members of the Executive Committee qualify as Active NEA members under Bylaw 2-1.b(i), which opens Active membership “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.”  If Executive Committee members are involuntarily terminated by their employer after being elected to the Executive Committee, the termination could render them ineligible to serve out their elected term on the Executive Committee.

This Bylaw amendment would allow an Executive Committee member who is involuntarily terminated from qualifying employment to retain his or her Active membership through the end of his or her current term in office, by providing that such a member is an Active NEA member and therefore eligible to serve out his or her term in office.

If adopted, the amendment would also allow an Executive Committee member who is involuntarily terminated after his or her election, but before the end of his or her current term, to run for a second term on the Executive Committee.  To hold office if elected to a second term, however, such an individual would need to qualify for active membership under one of the other six options detailed in NEA Bylaw 2-1(b).

Submitted by: NEA Board of Directors


BYLAW AMENDMENT B

Title:  To remove the sunset of the additional $10 dues assessment adopted in 2011 for the Ballot Measure/Legislative Crisis Fund and maintain a permanent assessment of $20 per member per year. 



Bylaw 2-7(n) Membership Dues.

Beginning with the 2007-08 membership year, the annual membership dues of Active members of the Association, as computed pursuant to Bylaw 2-7.a, shall be increased by ten dollars ($10.00), with an additional increase of ten dollars ($10.00) beginning in for the 2011-2012 through 2015-2016 membership years. This dues increase shall be allocated to the Ballot Measure/Legislative Crises and Media Campaign Fund.  The annual membership dues of Student members of the Association, as established pursuant to Bylaw 2-7.g, shall include one dollar ($1.00) to be allocated to the Ballot Measure/Legislative Crises and Media Campaign Fund.

Sixty percent (60%) of the money allocated to the Ballot Measure/Legislative Crises and Media Campaign Fund during each membership year shall be available to assist state affiliates in dealing with ballot measures and legislative crises, and forty percent (40%) shall be available for national and state media campaigns to advance the cause of public education and publicize the role of the Association and its affiliates in improving the quality of public education.

Where necessary to avoid legal problems under state law, the Association and a state affiliate may, at the request of the state affiliate, enter into a written agreement providing that the money collected from members of that state affiliate shall not be used to deal with ballot measures, but shall be used only to deal with legislative crises and/or to fund national and state media campaigns. The Executive Committee shall develop guidelines to implement this Bylaw. These guidelines shall be submitted to the Board of Directors, and shall become effective when approved by the Board of Directors.

The NEA president shall make a report regarding the operation of the Ballot Measure/Legislative Crises and Media Campaign Fund, which shall include a financial statement, to each Representative Assembly.

IMPACT STATEMENT:

In 2000, the NEA Representative Assembly authorized a Ballot Measure/Legislative Crisis Fund for five years, with a special dues assessment of $5 per member per year. Funds were split, with 60 percent allocated for ballot measures and legislative crisis work, and 40 percent allocated to a media fund. In 2004, the RA extended the Fund through the 2009-10 school year, while maintaining the assessment at $5 per member per year.  In 2006, the RA created a permanent authorization for the Fund, and increased the assessment to $10 per member per year. The RA further increased the assessment to $20 per member per year in 2011, by implementing a $10 increase set to expire with the 2015-16 school year.  This $10 increase is set to expire on August 31, 2016, at which time the dues assessment will revert to $10 per member per year.

Since its passage, the additional $10 dues assessment has provided over $37 million in resources for ballot measure/legislative crisis work and over $29 million for the media fund.  In the 2013-14 membership year alone, the additional $10 assessment provided over $12 million for ballot measure/legislative crisis work and almost $9 million for the media fund.

Overall, since its inception, the special assessment has provided over $135 million to state affiliates for ballot measure/legislative crisis work and over $22 million for state affiliate media grants.  Every state affiliate has received assistance.

If approved, this Bylaw amendment would remove the current sunset provision, thereby maintaining a dues assessment of $20 per member per year for the Ballot Measure/Legislative Crisis Fund.

Submitted by:  NEA Board of Directors


BYLAW AMENDMENT 1

TITLE: To change the scope of the Great Public Schools (GPS) Fund to include defending public education from privatization, and to require that 50 percent of GPS funds go toward organizing charter schools.

Bylaw 2-7(p).  Membership Dues.

Beginning with the 2013-2014 membership year, the annual membership dues of Active members of the Association, as computed pursuant to Bylaw 2-7.a, shall be increased by three dollars ($3.00).  These dues increases shall be allocated to a Special Fund to help NEA affiliates advance the goal of great public schools for all students. as well as defending public education from privatization.

The Executive Committee shall develop guidelines to implementing this Bylaw, including a requirement that 50 percent of the Special Fund provide for organizing charter schools. These guidelines shall be submitted to the Board of Directors, and shall become effective when approved by the Board of Directors.

The NEA president shall make a report regarding the operation of the Special Fund, which shall include a financial statement, to each Representative Assembly.

IMPACT STATEMENT:

In 2013, the NEA Representative Assembly adopted a Bylaw Amendment increasing dues by $3 and creating a Special Fund to help NEA affiliates advance the goal of great public schools for all students.  The Fund allows state affiliates, local affiliates, partnerships between state and local affiliates, or partnerships of local affiliates to apply for NEA Great Public Schools Grants (GPS Grants) to advance the goal of great public schools for every student. Funds are provided to help affiliates demonstrate leadership in enhancing the quality of public education and to assist in the development and implementation of a proactive agenda that engages members and leads to success for every student. Grants are awarded using criteria that focus on ensuring successful students, accomplished professionals, dynamic collaboration, and empowered leaders.

In 2013-14, NEA received 90 applications for GPS Fund Grants, requesting a total of $24.9 million.  NEA awarded GPS Fund Grants to 22 state affiliates and 16 local affiliates, totaling $13.3 million.

While this proposed amendment would not increase the amount of resources available for Great Public Schools Grants, it would broaden the focus and increase the potential pool of applications.  At the same time, it would mandate allocation of half of the available resources to a new priority – organizing charter schools.

Submitted by:  50 Delegates
Contact Person: Jim Mordecai, California


BYLAW AMENDMENT 2

TITLE: Repeal of proportionate delegate allocation to merged states for specific membership categories.

Bylaw 3-1.k.  Representative Assembly, Allocation of Delegates

The ratios to be used for the allocation of delegate credentials pursuant to Bylaw 3-1.d, e, f, h, i, and j for members of a dual-national state affiliate or a dual national local affiliate shall be proportionately adjusted to reflect the reduction in Association dues paid by such members pursuant to Bylaw 2-7.m, provided that this Bylaw 3-1.k shall not apply to members of a dual-national local affiliate (i) in a state that does not have a dual-national state affiliate, and (ii) that became affiliated with the Association as a dual-national local affiliate prior to September 1, 1999.

IMPACT STATEMENT:

Article III of the NEA Constitution outlines the ratios used for the allocation of state and local delegates to the Representative Assembly.  Article III further stipulates that “Other delegate credentials shall be allocated as provided in the Bylaws.”  Consequently, Bylaw 3-1 establishes the allocation of delegate credentials for other categories of delegates:

  • Student members (Bylaw 3-1.d)
  • Retired members (Bylaw 3-1.e)
  • School nurse members denied active membership in local affiliates (Bylaw 3-1.f)
  • Higher education members denied active membership in local affiliates Bylaw 3-1.h)
  • Active members employed in education support professional positions who are denied active membership in local affiliates (Bylaw 3-1.i)
  • Clustered category 2 delegates (Bylaw 3-1.j).

Under Bylaw 3-1.k, each of these allocations is adjusted proportionately to reflect the reduction in Association dues paid by members of dual-national state or local affiliates (state or local NEA affiliates that are also affiliates of the American Federation of Teachers).

Bylaw 2-7.m sets forth how this allocation percentage is to be calculated. It requires that members of a dual-national state affiliate maintain membership in NEA and AFT where eligible, and the total combined national dues that such members pay cannot be less than the NEA dues for the relevant membership category. If a member of a dual-national state affiliate is a member of both NEA and AFT, that member’s total combined national dues are allocated between NEA and AFT.  The allocation reflects the comparative number of members in the relevant membership category who were eligible for NEA membership in the respective NEA and AFT state affiliates during the membership year immediately preceding the merger effective date.  This ratio or “allocation percentage” is used to reduce proportionally the affiliate’s delegate allocation.

The NEA membership counts for merged state affiliates and/or local affiliates of merged state affiliates are proportionately adjusted to reflect the reduction in Association dues paid by Active members of the merged affiliate. The total number of members based on membership received as of January 15 multiplied by the state’s allocation percentage equals the adjusted membership count. (NEA Active Membership Count)  X (Allocation Percentage) = Adjusted Count
Currently, five (5) dual-national state affiliates are subject to this adjustment:  Florida, Minnesota, Montana, New York, and North Dakota.  Their dues and delegate allocation percentages are:

State

Allocation Percentage

Florida

53.05%

Minnesota

68.77%

Montana

70.61%

New York

8.38%

North Dakota

81.14%

 

The proposed amendment would strike Bylaw 3-1.k.  If this amendment passes, merged states would receive the full delegate allocation as follows:

  • One (1) delegate credential for the first fifty (50) Student members of the Association. The state affiliate shall receive a second credential when Student membership in the state reaches seven hundred fifty (750) and an additional credential for each five hundred (500) Student members thereafter.
  • Allocation of delegate credentials for Retired members of the Association within each state shall be made to state affiliates based on the ratio of 1:50 for the first 50 Retired members and an additional delegate for each 1,000 Retired members thereafter.
  • Allocation of delegates to school nurse members denied active membership in local affiliates shall be based on the ratio of 1:150 school nurse members so denied.
  • Allocation of delegates to higher education members denied active membership in local affiliates shall be based on the ratio of 1:150 higher education members so denied.
  • Allocation of delegates to Active members employed in education support professional positions who are denied active membership in local affiliates shall be based on the ratio of 1:150 such members so denied.
  • Delegates for clustered category 2 members shall be based on the ratio of 1:150.

*This table provides a comparison of Student delegate allocations for merged associations both with and without applying the merged state’s respective allocation percentage:

State Student members Delegates allocated using allocation percentage Delegates allocated without using allocation percentage Change in number of delegates allocated
Florida 968 1 2 1
Minnesota 4,858 6 10 4
Montana 650 1 1 0
New York 0 0 0 0
North Dakota 704 1 1 0

 

*This table provides a comparison of Retired delegate allocations for merged associations both with and without applying the merged state’s respective allocation percentage:

State Retired members Delegates allocated using allocation percentage Delegates allocated without using allocation percentage Change in number of delegates allocated
Florida 3,623 2 4 2
Minnesota 6,595 4 7 3
Montana 1,166 1 2 1
New York 4,317 1 5 4
North Dakota 1,064 1 2 1

 

*This table provides a comparison of school nurse allocations (where members are denied active membership in local affiliates) for merged associations both with and without applying the merged state’s respective allocation percentage:

State School Nurse members denied membership in local affiliates Delegates allocated using allocation percentage Delegates allocated without using allocation percentage Change in number of delegates allocated
Florida 31 0 0 0
Minnesota 446 2 3 1
Montana 61 0 0 0
New York 1765 1 12 11
North Dakota 1 0 0 0

 

*This table provides a comparison of higher education delegate allocations (where members are denied active membership in local affiliates) for merged associations both with and without applying the merged state’s respective allocation percentage:

State Higher Education members denied membership in local affiliates Delegates allocated using allocation percentage Delegates allocated without using allocation percentage Change in number of delegates allocated
Florida 7,181 25 48 23
Minnesota 4,341 20 29 9
Montana 1,108 5 7 2
New York 59,805 33 399 366
North Dakota 714 4 5 1

 

*This table provides a comparison of ESP delegate allocations (where members are denied active membership in local affiliates) for merged associations both with and without applying the merged state’s respective allocation percentage:

State ESP members denied membership in local affiliates Delegates allocated using allocation percentage Delegates allocated without using allocation percentage Change in number of delegates allocated
Florida 25,689 91 171 80
Minnesota 7,413 24 49 25
Montana 5,165 24 34 10
New York 98,768 55 658 603
North Dakota 651 4 4 0

 

Passage of this Bylaw amendment would have no impact on the delegate allocation of Active Association members, as addressed in the NEA Constitution, Article III, Section 2.

Submitted by:  Education Minnesota, MEA-MFT, and North Dakota United
Contact Person: Eric Feaver, Montana

*Based on 2015 RA Delegate Allocation

 


BYLAW AMENDMENT 3

Withdrawn


STANDING RULE AMENDMENT 1

Defeated


STANDING RULE AMENDMENT 2

Withdrawn


STANDING RULE AMENDMENT 3

Adopted

TITLE: To make debatable all motions to suspend the rules, other than motions to limit debate.

Rule 3. Order of Business and Debate
N. Suspension of a Standing Rule

By a motion from the floor, a Standing Rule may be suspended or amended without notice by a two-thirds (2/3) vote of those present and voting.  Any such motion will be debatable, except for motions to limit debate.


STANDING RULE AMENDMENT 4

Withdrawn


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STANDING RULE AMENDMENT 5

Defeated


STANDING RULE AMENDMENT 6

Defeated


STANDING RULE AMENDMENT 7

Withdrawn

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