APPLIED EDUCATION FOUNDATION

Constitution

Article I – Name and Purposes

Section 1. The official name of this Organization shall be “Applied Education Foundation,” (AEF).

Section 2. The Purpose of AEF shall be to:

  1. Discover the shortcomings of current educational practices that marginalize the majority of individuals from full participation in society;
  2. Differentiate educational needs of individuals – i.e. to serve the multiple intelligences in student populations[1] – from the current academic oriented bias that is appropriate for only a minority of the population;
  3. Analyze the purpose of education for individuals and society to determine relevant instructional information required[2] and time frames,[3] without influence from traditional biases,[4] to accomplish this end;
  4. Analyze economic sectors to determine their requirements for individuals to contribute to and benefit by these sectors through appropriate instruction;[5]
  5. Research, develop and publish effective and efficient educational curricula and programs through various media contemporaneously utilized (e.g. books, pamphlets, recorded lectures, documentaries, instructional videos, etc.);
  6. Make available such published material to the public with reasonable fees to cover the cost of publication and that will provide a contribution toward funding the Organization’s Purposes as provided above.

Section 3. The Purpose of this Organization shall not be to serve those within the Organization[6] but, rather, to remain loyal to serving the needs of the diverse student populations throughout society for their benefit.

Article II – Organization

Section 1. A Board of Directors (Board) shall be established to guide the overarching direction of AEF. The Board, by simple majority, shall appoint the President of AEF who shall be the chief executive officer and who will manage the affairs of the Organization. The Board shall annually review the performance of the President to determine the President’s effectiveness as head of the Organization. The Board may remove a President by simple majority.

Section 2. The Board shall be composed primarily, though not exclusively, of individuals from the business community who are deeply concerned about the current catastrophic failure of educational outcomes, expansive bureaucratic controls and its lack of accountability, excessive rising costs with little to no return being realized, and the destructive tendencies of centralization of government power.[7]

Article III – Finances

Section 1. AEF shall be a nonprofit 501(c)(3) educational foundation.

Section 2. The President, assisted by the Treasurer, shall manage finances under the overarching direction of the Board, and shall provide for an annual audit through an independent accounting firm that shall be delivered to the Board, Officers, and Staff. Each audit shall subsequently be made public on AEF’s website and any other appropriate delievery method the Board deems necessary.

Section 3. Dissolution – In the event it becomes necessary to dissolve AEF, the Board of Directors shall forthwith proceed to wind up the affairs of the association. All property and assets of the association, including accounts receivable, if any, shall be reduced to cash or other suitable disposition made, and all outstanding association debts, obligations, or liabilities shall be satisfied insofar 
as assets of the association permit. When these requirements have been satisfied, the Board of Directors shall dispose of the balance of cash, if any, and any other property, to such a nonprofit organization or organizations organized with similar interests as stated in Art. I, Sec. 2, The Purpose of AEF. The Board shall determine the appropriate disbursement to such organizations.

Article IV – Amendments to the Constitution

Section 1. Board members shall be responsible for recommending alteration, repeal, or additions to this Constitution.

Section 2. To amend the Constitution, proposed amendments shall be submitted in writing to the Chairman who shall then distribute it to the Board within two weeks of its receipt. A vote shall take place within sixty days of submission to the Board.

Section 3. Affirmative vote of two-thirds of Board members – at least five – shall be required for amendment. Voting by proxy shall be prohibited.

 

By-Laws

Article I – Governance

Section 1. Board of Directors’ Responsibilities

The Board of Directors (Board), which shall consist of seven members, is to establish the goals of the Organization and allocate the Organization’s funds to accomplish the Purposes established in the Constitution. The Board shall be composed of a Chairman of the Board, to preside over the Board, and six Directors.

Section 2. Responsibility and Authority of the Board of Directors.


a. The Board of Directors shall:

  1. Have full control and supervision of the general strategy of the association, delegating tactical implementation to the President;
  2. Have full authority to make general rules for the Purposes of the Organization, consistent with the Constitution and By-Laws.

Section 3. Elections

  1. The Board will elect its own members, including the Chairman, by a simple majority vote. Nomination for Board members shall be solicited from Board members, President, Secretary, and Treasurer. Individuals shall not be allowed to nominate nor vote for themselves.
  2. Voting rules and procedures to be promulgated by the Board of Directors shall, among other matters permit the completion of regular elections not less than 30 days prior to expiration of the affected incumbents’ terms.
  3. The Secretary shall manage elections and ballots with the President and Treasurer bearing witness to proceedings and results to ensure integrity of elections. If a tie occurs, the President shall cast the deciding vote.
  4. In the event vacancies in the Board of Directors occur in any manner other than by expiration of term of office, then the remaining members of the Board, by a simple majority vote, shall fill the vacancy temporarily, provided that such temporary appointment shall continue only until the next regularly scheduled election relative to the terms of that half of the Directors, at which time the Board position(s) shall be filled by normal process.

Section 4. Duration of terms of all Board members shall be for two years.The Board shall ensure that the terms of half the Directors begin on January 1st of even-numbered years, and the other half on January 1st of odd-numbered years. The Chairman of the Board shall be elected on even numbered years.

Section 5. No Board member shall receive any compensation from Organization funds or assets for services rendered, except for payment of legitimate out-of-pocket expenses approved by the Board.

Section 6. Board of Directors’ Meetings

  1. The Board shall meet, either in person or by other means of communications, upon call of the Chairman, which shall take place at least once per year. The Chairman shall preside over Board Meetings.
  2. A quorum of the Board shall consist of five voting members.
  3. A quorum as such will not be required to hold meetings, but, unless otherwise prescribed herein, the affirmative vote of over 50% of the Board shall be required for action on Board matters.
  4. Voting by proxy shall be prohibited.
  5. Each member of the Board shall have one vote.
  6. The Chairman shall solicit agenda items for Board meetings and distribute an agenda at least two weeks prior to scheduled meetings if time allows. The Chairman shall make every effort to schedule meetings that every Board member may attend.

Section 7. Board members are entitled to reimbursement for necessary expenses incurred while discharging official duties and responsibilities of this Organization. Such expenditures shall be subject to the prior approval of the Board and final approval by the President. Receipts of expenses and an itemized expense report shall be submitted to the Treasurer before Board members can be reimbursed. The Board as a whole and each member shall seek frugality whenever discharging official duties and responsibilities on behalf of the Organization.

Section 8. Officers of the Board

  1. Officers of the Board shall be composed of a Secretary and Treasurer; and the Board shall determine if such positions warrant compensation for their labors and the manner in which compensation shall be structured.
  2. Other officers, advisors, consultants, and committee chairs may be permanently or temporarily retained if and when the Board deems it necessary; and the Board shall determine if such positions warrant compensation for their labors.
  3. These positions shall not be used for patronage purposes where monetary compensation is employed. Decisions to fill positions, or retain special services, shall be based upon needs of the Organization, availability of qualified individuals, and competence of individuals.
  4. No Board member shall hold the position of Treasurer or Secretary while serving on the Board.

Section 9. Duties of Officers

Secretary. The Secretary shall:

  1. Give notice of all meetings;
  2. Keep minutes and/or other records of all meetings, copies of which shall be provided to each Board member;
  3. Keep records of all actions taken by the Board;
  4. As directed by the Board, conduct correspondence and maintain records on behalf of the Organization, including, but not limited to: meeting agendas and minutes; nominations, ballots, and election results; and maintain records of such other official correspondence of AEF as may be furnished by the Board and the Officers of the Organization;
  5. Maintain a complete file of all Organization publications;
  6. Perform such other and further duties as the Board may prescribe.

Treasurer. The Treasurer shall:

  1. Serve as custodian of all Organization funds and property, and keep a strict accounting of all receipts and expenditures;
  2. Collect and receive all monies acquired and/or due to the Organization from whatever source;
  3. Disperse monies only for such expenditures as have been authorized by the Board of Directors;
  4. Deposit all Organization funds in suitable checking and/or savings accounts protected by the Federal Deposit Insurance Corporation (FDIC); ensure that signature cards on file with the bank bear the signatures of the Treasurer and the President; and ensure that the accounts are so restricted that the signatures of the Treasurer and the President shall be required on all checks drawn thereon or withdrawals made therefrom. In absence of a Treasurer, the President is authorized to sign checks for these purposes;
  5. Maintain proper accounting records of the association, and, upon 10 days notice from the Board, submit to the Board a current statement of receipts and expenditures and a statement of fund balances;
  6. Ensure that expenditures do not exceed cash on deposit, and advise status of same to the Board;
  7. Perform such other and further duties as the Board may direct, including an audit when appropriate;
  8. Besides serving the Board as Treasurer, the Treasurer may also fill the role as financial manager or accountant under the President in a full time capacity.

 

Article II – Managerial Officers and Staff

Section 1. The President shall be a Board appointed salaried position when funds allow. The President shall be the chief executive officer responsible for all employees and for the general management of AEF. The President shall appoint and preside over Staff, Advisors, Consultants, Committee Chairs, etc. who may or will be necessary for the effective and efficient operation of AEF to fulfill the Organization’s Purpose.

Section 2. Salaried Staff shall assist the President in managing AEF based on the direction established by the Board. The Board shall establish the composition of staff positions and basic responsibilities.[8] Staff salaries shall be based on Bureau of Labor Statistics (BLS) publications for equivalent positions and levels of experience.[9] If the BLS is insufficient to this end, other well-established and respected sources may be utilized. Under the direction of the President, the staff shall manage the following:

  • The management of the Organization necessary to achieve the Purposes established in Art. I, Sec. 2.
  • Research and development efforts
  • Publishing efforts
  • And other duties the Board and/or President deem necessary to fulfill the Purpose of the Organization.

Section 3. These positions shall not be used for patronage purposes where monetary compensation is employed. Decisions to fill official positions, or retain special services, shall be based upon needs of the Organization, availability of qualified individuals, and competence of individuals.

Section 4. The President shall articulate, in writing, job descriptions and responsibilities of AEF personnel, upon which performance evaluations may be based. As duties and responsibilities expand or contract, job descriptions and responsibilities shall be amended in order to ensure the fairness of performance evaluations. The President shall ensure AEF personnel are given up-to-date copies of their particular job descriptions and responsibilities so they may know the criteria upon which they may be evaluated.

Section 5. The President shall promote the use of interns in order to spread the philosophy of the Organization throughout the education culture.

 

Article III – Research and Development

Section 1. Committees – Various committees shall be formed to fulfill the Purpose of the Organization. The Board shall determine research directions and efforts and allocate funding for each project after seeking the Treasurer’s advice of funding parameters and capabilities to ensure no funding conflicts will occur. The President, as the executive officer, shall be responsible to implement the Board’s decisions. The President shall appoint Committee Chairmen from inside and/or outside the Organization barring any objection by the Board. Committee Chairmen shall then work with the President to staff their respective committees. The President and Committee Chairmen shall determine committee member compensation based upon BLS published salaries – or other respected sources –for similar positions in the market. The President shall ensure that committees complete their tasks in a timely manner similar to the way the private sector is expected to perform. Committees will be dissolved when missions or assignments are completed. Committee personnel will then be assigned to other duties, if there is a real need and they are qualified, or released from service of the Organization. The Treasurer shall ensure that the Board approved funding is made available to the President in a timely manner to fulfill all of these duties.

Section 2. Consultants, advisors, and researchers shall be hired or retained as needed to serve the goals of the Organization. These may be permanent or temporary positions, on a part-time or full-time basis. The Board, President, and Treasurer shall determine organizational hiring needs of such services on a case-by-case basis. The President may be asked to provide a proposal – explaining the reasons for the need and the anticipated costs – to the Board to justify such services. The Board will then seek the advice of the Treasurer to ensure no funding conflicts within the Organization will occur.

Section 3. With the assistance and advice of appropriate personnel, the President shall articulate, in writing, details of research project objectives as generally provided for by the Board. Once research projects are completed, the President shall provide, in writing, how such research can be incorporated into educational programs and curricula.

Section 4. Upon completion of research, the President shall ensure the publication and the appropriate distribution of such findings.

 

Article IV – AEF Periodicals

Section 1. AEF shall electronically publish, on its website, a newsletter at least once per year with newsworthy information, as well as AEF progress. AEF shall publish a journal once per year with scholarly works.

Section 2. The Editor shall:

  1. Compile and publish AEF’s publications in conformity with operational, editorial and financial policies determined by the Board of Directors and presided over by the President;
  2. Solicit newsworthy material from inside and outside AEF, such as, but not limited to: issues of the day, reports, papers, essays, and Board meeting minutes;
  3. Submit a draft for peer review to the President prior to publication;
  4. Refrain from censorship except when material may be injurious to others or to the Organization.

Section 3. The official publications of AEF shall be known as Applied Education News for the newsletter, and Applied Education Journal for the journal. Reproduction of the content of the Organization's publications by others shall be allowed given the source and credits are referenced in the reproduction.


 

Article V – Amendments to the By-Laws

Section 1. Board members will be responsible for recommending alteration, repeal, or additions to these By-Laws.

Section 2. To amend the By-Laws, proposed amendments shall be submitted in writing to the Chairman who shall then distribute it to the Board within two weeks of its receipt. A vote shall take place within sixty days of submission to the Board.

Section 3. Affirmative vote of two-thirds of Board members – at least five – shall be required for amendment. Voting by proxy shall be prohibited.

 

Article VI – Suspension or Termination From Office

Section 1. Suspension or termination of Board members, Officers of the Board, and President shall be imposed only by affirmative vote of two-thirds of the Board – at least five Board members. Reasons for removal may, but not exclusively, be due to: motives are prejudicial to the best interests of the Organization; a conflict of interest; inappropriate social behavior; lack of communication with the Board, such as not attending meetings and not voting on AEF issues; dereliction of duties; incompetence; unjustifiably and/or excessively disturbs the harmony and peace of the Organization; or violation of By-Laws, rules, or regulations of the Organization.

[1]See Howard Gardner, Frames of Mind: The Theory of Multiple Intelligences (1983), as a starting point.

[2]This is based on Herbert Spencer’s relative worth principle found in his Education: Intellectual, Moral and Physical, A. L. Burt Co. 1860, pp. 13-14. Seehttps://mises.org/library/education-intellectual-moral-and-physical

[3]This is loosely based on Jean Piaget’s stages of development theory.

[4]In other words without reference to Carnegie units/credit hours, semesters, or number of years in an educational institution. Quality over quantity shall be the focus based on the needs of the individual in contrast to the needs of educational institutions.

[5]For example, industry associations are a good source for understanding requirements.

[6]See Carroll Quigley, The Evolution of Civilizations Liberty Fund, 1979, pp. 101-03. Quigley attributes the transition of civilizations from growth to decay being due to the transformation of instruments of expansion, which serve to improve society, into institutions which serve only those the institution is made up of. This is true of social organizations – large and small, private and public – and people within organizations. Over its lifetime, it takes conscious effort for an organization to remain loyal to its original intent and to avoid falling into self-serving interests of the group and the individuals of which it is composed.

[7]Again, see Quigley’s The Evolution of Civilizations, for guidance in understanding such tendencies in civilizations.

[8]The initial staff shall consist of: a cognitive psychologist, curriculum development/writer, grant writer, educational sociologist, educational economist, and educational journalist/editor. Subject specialists will be retained as needed.

[9]http://www.bls.gov/ooh/