I. NAME.
Winchester Special Education Parents Advisory Council (hereinafter the "Council").
II. AUTHORITY.
The Council is formed pursuant to the provisions of Section 3 of Chapter 71B of the of Massachusetts General Laws.
III. PURPOSE.
The purpose of the Council is to:
1. Advise the Winchester School Committee on matters that pertain to the education and safety of
students with disabilities.
2. Meet regularly with school officials to participate in the planning, development and evaluation of the
Winchester School Committee's special education programs.
3. Participate in the development and review of the Three Year Program Plan prior to submission to the
Massachusetts Department of Education.
4. Facilitate communication and the free exchange of information and ideas between and among the
residents of the Town of Winchester, the Winchester School Committee, the administration and
staff of the Winchester School Department and the parents of children with special needs.
5. Take such other or additional action as the Council shall deem necessary or appropriate regarding the
special needs of students and special education in the Town of Winchester.
IV. MEMBERSHIP.
1. Qualifications.
Any person who is a Winchester resident and is:
(a) the parent or legal guardian of a person with special needs between the ages of zero (0) and
twenty two (22); or
(b) a person not less than fourteen (14) years of age who is eligible to receive special
education services from the Town of Winchester; or
(c) another interested party;
shall be eligible for membership in the Council. Any such qualified person may become a member by communicating orally or in writing to any Officer of the Council such person's desire to become a member.
2. Duties.
All members shall endeavor to cause the Council to further the purposes stated in Article III of
these By-Laws. All members shall endeavor to attend all regular meetings of the Council. All
members who wish to receive notices or other communications from the Council shall deliver
all of the necessary information required to receive such notices and other information in the
form in which such notices or information is delivered.
3. Resignation.
A Council member may resign his or her membership in the Council at any time by
communicating orally or in writing to any to any Officer of the Council of such person's
desire to reign. A member who has resigned may rejoin the Council at any time.
4. Election of Officers
The members shall elect the Officers at the regular meeting of the Council in the
spring of each year, to hold office for one year and until their successors are elected.
Nomination of Officers may be made and seconded by any member in attendance.
If a vacancy shall occur in any office for any reason, the members shall nominate
and elect a successor at the next meeting of the Council.
5. Removal of Officers
The members shall have the right to remove any Officer of the Council at any time for any
just cause, including, but not limited to, the failure of such Officer to perform the duties of
such office. Such removal may be made at meeting upon the motion of any member provided
the motion is adopted by not less than a two-thirds majority vote of the members present at
such meeting. If the Officer against whom such vote is taken is then presiding over such
meeting, such Officer shall give control of the meeting over to another Officer present for
the purpose of taking and recording such vote. If no other Officer is present, then such
Officer shall give control of the meeting to the Council member of longest standing among
the members present. If any such Officer shall be removed pursuant to the provisions of this
Section 5 of this Article IV, the members shall forthwith elect his or her successor.
V. OFFICERS.
1. Officers.
The Council shall have a Chairperson, Vice-Chairperson and Secretary (herein referred to
collectively sometimes as the "Officers"). Any member of the Council shall be qualified to be an
Officer.
2. Duties.
All Officers shall use their offices to cause the Council to further the purposes stated in Article III of
these By-Laws. In addition, each Officer shall have the duties set forth below.
(a) Duties of the Chairperson.
The Chairperson shall preside at all meetings of the Council at which the Chairperson
shall be present and shall have the power to. set the agenda (which may be amended at any
time) for regular meetings and shall perform such other functions as the Council shall
determine.
(b) Duties of the Vice-Chairperson.
The Vice-Chairperson shall perform the duties of the Chairperson in his or her absence or as
requested by the Chairperson, and shall perform such other functions as the Council shall
determine.
(c) Duties of the Secretary.
(i) The Secretary shall perform the duties of the Chairperson
in the event that the Chairperson and Vice-Chairperson are not present at any meeting.
(ii) The Secretary shall record the minutes of the meetings of the Council.
(iii) The Secretary shall maintain a current list of the names of the members of the Council.
(iv) The Secretary shall provide notices and other information to all members as directed
by the Officers, subject to the availability of Winchester School Department
resources.
3. Vacancy.
If a vacancy shall occur for any reason, the remaining Officers, if any, shall appoint a successor who
shall serve in such capacity until the members shall elect a successor at the next meeting of the
Council. If there are no remaining Officers, the Council member of longest standing shall assume the
duties of Chairperson until the members shall elect a successor at the next meeting of the Council.
4. Resignation.
Any officer shall have the right to resign his or her office at any time for any reason by written
notice to the Secretary. Such resignation shall become effective upon the date the same shall
be received by the Secretary. An interim successor shall be appointed or determined in
accordance with the provisions of Section 3 of this Article V.
5. Multiple Offices.
Nothing contained in this Article V shall be construed to limit or prohibit one member from holding
more than one office of the Council.
VI. SUBCOMMITTEES.
The Council shall have the right to create one or more subcommittees to fulfill the purposes or to carry out the work of the Council. Each subcommittee shall elect a chairperson and secretary who shall report to the Council at such times as the Chairperson shall direct.
VII. MEETINGS.
1. Annual Meeting
The Council shall hold a meeting in the spring of each school year. The Secretary shall notify
the Director of Student Services of the Winchester School Department and as many of the
members of the Council as is reasonably practical of the date of the annual meeting at least
five (5) days prior to the date of such meeting.2. Additional Meetings.
The Chairperson or Vice-Chairperson or any three (3) members of the Council may call additional meetings of the Council with respect to matters that require attention prior to the next annual meeting. If a meeting of the Council is called, the Secretary shall notify as many of the members of the Council as is reasonably practical of the date of such meeting at least five (5) days prior to the date of such meeting.
3. Meeting Requirements.
All meetings of the Council shall be open to the public, provided,
however, that the Officers may meet in executive session as the Officers shall deem necessary or appropriate to discuss matters which are of a sensitive or confidential nature. A quorum for the transaction of business shall exist at any meeting of the Council at which not less than two-thirds (2/3) of the members in attendance are Winchester residents who are the parents or legal guardians of persons with special needs between the ages of zero (0) and twenty two (22). Action on any matter brought before a meeting of the Council at which a quorum shall be present shall be decided by vote of a majority of the members present unless a two thirds (2/3) majority is required pursuant to the provisions of these By-Laws.4. Meeting Procedures.
The Chairperson shall preside over all regular meetings at which the Chairperson shall be
present. If the Chairperson is not present, the Vice-Chairperson shall preside over such
meeting if the Vice-Chairperson shall be present. If the Chairperson and the Vice-
Chairperson are not present, the Secretary shall preside over such meeting if the Secretary
shall be present. If no Officer is present, the Council member of longest standing present
shall preside over such meeting. The Chairperson or other presider shall adopt such rules of
order as may be necessary to facilitate the efficient conduct of the Council's business at all
meetings.
VIII. AMENDMENTS.
These By-Laws shall not be amended except in writing certified by the Secretary of the Council
by a two-thirds majority vote of the members present at any regular meeting at which a vote to
amend these By-Laws shall be taken.
IX. SEVERABILITY.
