Huaxia Chinese School, New York Bylaws

Article 1. Name

The registered name of the organization is Huaxia Chinese School, New York ( 纽 约 华 夏 中 文 学 校) (hereafter referred to as "the School").  The School is registered with the State of New York as a non profit organization.

Article 2. Objectives

The objective of the School is to teach Chinese language and promote awareness of Chinese culture. The School teaches Chinese phonics (pinyin) and simplified Chinese characters (jianti zi) and encourages students to be familiar with traditional Chinese characters.

Article 3. Membership

3.01 The School is an association of its members.

The membership consists of general members, associate members, and students. Anyone who is interested in Chinese language and culture may apply to become a member of the School regardless of age, gender, race, religion, and nationality.

3.02 General member

The general members consist of adult students and parents or guardians of non adult students.

3.02.1 General members must:

3.02.2 General members are entitled to:

3.03 Associate member

Associate members consist of those who serve the School but are not general members of the School. Associate members have the same privileges as general members, except the right to vote at general membership meetings.

3.04 Student

Anyone may apply to become student of the School. Student is required to register for at least one class each semester. Adult students, 18 years old or over, automatically become a general member of the School.

3.05 Membership Suspension or Termination

Any member who violates the School Bylaws, rules and regulations or commits a criminal offense at the School may have his/her membership suspended or his/her status terminated by the School administration with the approval of the Board of Directors.
 

Article 4. Organization Structure

4.01 The School organization

It consists of the General Membership, Board of Directors, Administrative Committee, and Parents Council.

4.01.1 The Board of Directors consists of seven members.

The most recent four former Principals and the most recent three former Chairpersons of the Parents Council are to be the members of the Board upon approval of the general membership meeting.

4.01.2 Administrative Committee

It consists of the Principal, the Vice Principal(s), and other School officers such as Financial Director, Curricular Director, School Secretary and the occupants of other positions appointed by the Principal.

4.01.3 Parents Council

It consists of parents who provide voluntary assistances to the school operation and activities under the guidance of the School Administrative committee.

4.02 Term of all elected and appointed officers

The term of all offices and elected Directors starts at the end of the previous academic year.  At the end of the term, all documents and properties related in anyway to the operation of the School, in the possession of any person, shall be transferred to the School by the end of July.

Article 5. General Membership

5.01 Functions and Responsibilities

5.01.1 The General Membership is the highest legislative body of the School.

5.01.2 The General Membership decides how the Board of Directors is formed, approves new board members and/or directly elects the members of the Board if it so decides.

5.01.3 On the basis of nominations by the Board of Directors, the General Membership elects the Principal, Vice Principal(s), and Parents Council Chair.

5.01.4 The General Membership approves the School's Bylaw and its amendments.

5.01.5 The General Membership may revoke the appointment of Directors, elected officers of the School, and
the Chair of the Parents Council.

5.01.6 The General Membership shall receive annual school reports and semi annual financial reports from the Principal.

5.02 General Membership Meeting

5.02.1 General Membership meetings must be held at least once a semester. A General Membership meeting to elect school officers and/or to approve Directors must be held at least one week before the end of the school year, presided over by the Chair of the Board or a Board member who is not up for reelection. Should there be a budget proposal deadlock with the Board of Directors, a special General Membership meeting shall be called.

5.02.2 A General Membership meeting may be called by the majority of the Board of Directors, or at the
request of 20% of the general members, with a signed petition.

5.02.3 A General Membership meeting may be called by the Principal with written notification to the Board of Directors.

5.02.4 General Membership meetings should be announced to general members at least 10 days prior to the meeting.

5.03 Rules of Conduct

5.03.1 A simple majority and two thirds majority referred in this section shall be based on actual valid votes. Vote by proxy is acceptable. Voting rights are restricted to one count per member.

5.03.2 A simple majority vote applies unless otherwise specified.

5.03.3 A two thirds majority vote is needed for approval of the School's Bylaw and its amendments.

5.03.4 A two thirds majority vote is needed for removal of the elected school officers and Directors.

5.03.5 A two thirds majority vote is needed for approval of school budget should a special meeting be called to resolve a budget deadlock. Such a meeting shall be called and presided over by the Chair of the Board.

5.03.6 The actual number of members who attends the general membership meeting plus the number of members who choose to vote by proxy constitute a quorum. But in any situation, the total number of valid votes can't be less than 15% of the entire number of general members.

Article 6. Board of Directors

6.01 Structure

6.01.1 The Board consists of seven Directors who must have general membership and are approved by the General Membership meeting to hold a maximum of four year term. Qualifications for Directors are defined in Article 4. Any officer appointed by the Principal and the Chair of the Parents Council shall not serve on the Board of Directors.

6.01.2 Two of the seven Board seats held by the least recent former Principal and Parent Council Chairperson shall be vacated each school year and be filled in by the retiring principal and PC Chairperson of the current year except in the case that the current Principal and/or PC Chairperson holds the position for another term.

6.01.3 The Director of the Board may resign at any time upon advance written notice to the Board, or upon termination of his/her general membership.

6.01.4 All Directors are non compensatory positions.

6.02 Chair of the Board

6.02.1 The Chair of the Board of Directors shall be held by the most recently retired Principal.

6.02.2 All other Board members cannot serve as the Chair of the Board.

6.02.3 In case that the Chair is vacated, it shall be filled by the vote of the Board.

6.03 Board Responsibilities

6.03.1 The Board oversees school operations on behalf of the General Membership.

6.03.2 The Board approves annual school budget submitted by the Principal.

6.03.3 The Board reviews annual school reports and the semi annual school financial reports.

6.03.4 The Board reviews annual school academic plans.

6.03.5 The Board shall conduct audit on the School's financial operations and financial reports.

6.03.6 The Board may freeze school budget or operations in cases of grave financial circumstances.

6.03.7 The Board sets school policies and general guidelines, including but not limited to:

6.03.8 The Board shall approve any significant unbudgeted expenditure.

6.03.9 The Board approves other administrative staff appointed by the Principal.

6.04 Board Meeting

6.04.1 The Board shall meet at least twice a semester, and the Board meeting is to be presided over by the Chair of the Board.

6.04.2 Special Board meetings can be called at the request of at least one third of its members or by the Principal if he/she deems it necessary.

6.04.3 Board of Directors meetings are open to the entire membership. Meeting agendas should be announced school wide at least one week before the meeting. Members wishing to attend the Board meeting should notify the Board at least three days in advance, and attendance is contingent upon space available.

6.05 Rules of Conduct

6.05.1 Directors have the obligation to attend Board meetings. Proper notification is required if a Director is not able to attend the meeting. Directorship will be revoked automatically if a Director is absent from two consecutive meetings without appropriate reasons.

6.05.2 Six or more Directors are needed to make a quorum at a board meeting.

6.05.3 A Board member shall not be able to vote on his/her own appointment or election candidacy. A board member shall not be able to vote on any resolution against him/her.

6.05.4 Simple majority rules unless otherwise specified.

6.05.5 A two-thirds majority votes is required for decision of budget freeze and school operation shutdown.

6.05.6 A two thirds majority vote is required for decision to impeach the school officers and the Chair of Parents Council.

6.05.7 The Chair of the Board shall cast a tiebreaker vote unless the vote is in connection with the Chair's position and conduct.

6.05.8 All Board meeting minutes and voting records shall be available to general and associate members.

Article 7. School Officers and Administrative Committee

7.01 Structure

7.01.1 The School officers include Principal, Vice Principal(s) and Curricular Director, which are non-compensatory positions, and Financial Director and School Secretary which are paid positions.

7.01.2 The Principal and the Vice Principal(s) are nominated by the Board of Directors and elected by the General Membership to a one year term. The duration of service rendered by the Principal is limited to two consecutive years upon the approval by the Board of Directors and General Membership.

7.01.3 The Administrative Committee is the executive body to assist the Principal in school administration. The Administrative Committee includes Vice Principals and other appointed administrative staff.

7.01.4 School officers other than the Principal and Vice Principals are appointed by the Principal and approved by the Board of Directors. The Principal may dismiss any appointed administrative staff with proper notification to the Board of Directors.

7.02 The Principal

7.02.1 The Principal is in charge of school administration.

7.02.2 The Principal's administrative responsibilities include, but are not limited to:

7.02.3 The Principal may delegate some of his/her duties to other school officers or staff.

7.02.4 The Principal shall designate, with proper notification to the Board, a Vice Principal as the Acting Principal in case of his or her absence.

7.03 The Vice Principal(s)

7.03.1 The Vice Principal(s)' responsibilities include, but are not limited to:

7.04 Other Appointed Administrative Staff

7.04.1 The Financial Director's duties include:

7.04.2 The Curricular Director's main duty is to oversee and coordinate the School's learning and academic
activities, which include:

7.04.3 The School Secretary's main duty is to handle student enrollment and all the routine work of school operations, which include:

7.05 Rules of Conduct

7.05.1 The Administrative Committee meeting is presided over by the Principal.

7.05.2 The Principal may resign at any time with a two week advance notice in writing to the Board of Directors. In case of the Principal's resignation, one Vice Principal shall be appointed by the Board of Directors as the Principal for the rest of the term.

7.05.3 In case when the Principal and Vice Principal(s) resign at the same time, the Board shall appoint an acting Principal until a special General Membership meeting is called to elect a new Principal. This meeting should occur within three weeks of the Principal and Vice Principal(s)' resignation.

Article 8. Parents Council

8.01 Structure and Responsibilities

8.01.1 The Parents Council consists of any voluntary parents who are willing to participate in Parents Council activities.

8.01.2 The Parents Council is responsible for:

8.02 Rules of Conduct

8.02.1 The Chair of the Parents Council is elected by the General Membership.

8.02.2 The Parents Council may elect vice chair(s) to assist the Chair at Parents Council meetings and other activities.

8.02.3 The term of the Chair is limited to two consecutive years. Vice chair(s)' term is limited to three consecutive years.

8.02.4 The Parents Council meeting is called by the Chair or at request of at least one third of the Council members. The Parents Council meeting shall be presided over by the Chair or his/her designated council member.

8.02.5 Simple majority rules unless there is a deadlock in which case the Chair shall rule the final decision.

Article 9. Budget and Finance

9.01 School budget year

Also called school academic year starts on August 1st and ends on July 31st of the following year.

9.02 Budget proposal and approval

9.02.1 Annual School budget shall be proposed and submitted by the Principal to the Board of Directors within two weeks after the School year starts.

9.02.2 The Board of Directors shall approve or reject the budget proposal Within one week of receiving the
budget proposal.

9.02.3 The rejected budget shall be returned to the Principal with recommendations for modification.

9.02.4 The Principal shall resubmit the revised budget proposal within one week after receiving the rejection.

9.02.5 Should the revised budget proposal be rejected once more, a special General Membership meeting shall be called to vote on the budget.

9.02.6 Should the budget proposal be rejected by the General Membership meeting, a final modification to the budget proposal shall be made by the Board of Directors. The modified budget proposal passed by the Board shall become the final budget.

9.03 Financial Operations

9.03.1 The School's financial operations should be governed by separate financial regulations formulated in accordance with this Bylaw.

Article 10. Relationship with Hua Xia Chinese School, Inc.

10.01 The School is registered as a financially independent entity.

10.02 The School is academically affiliated with Hua Xia Chinese School, Inc. (hereafter referred to as "Hua Xia").

10.03 The School shall operate in accordance with Hua Xia's general guidelines and policies. Should there be a conflict in policy between Hua Xia and the School, the School's policy shall overrule with approval of General Membership.

Article 11. Dissolution of the School

11.01 The School may be dissolved with a three fourths majority decision of the General Membership.

11.02 The Board of Directors shall be responsible for disbursement and distribution of the School debts or assets, should there be any, in case of the School's dissolution. The remaining School assets after dissolution shall be donated to Hua Xia, Hua Xia affiliated schools, or other non profit organizations.

11.03 The School reserves the right to seek legal advice in matters relating to dissolution of the School.

Article 12. Miscellaneous

12.01 The School is not responsible for any physical or personal property damages incurred to any member or student on the School premises.

12.02 The Board of Directors shall interpret the Bylaw in its application. Final interpretation of the Bylaw shall belong to the General Membership.

12.03 The Bylaw is subject to the New York Not-For-Profit Corporation Law. If any provision in this Bylaw is inconsistent with that Law, the Law shall govern to the extent of the inconsistency.