1. Name

The name of the body shall be the National Association of Boards of Management in Special Education.

2. Main Object

The main object for which the body is established is to unite Boards of Management in Special Education in the Republic by providing a means for the expression of their individual and collective experience on matters affecting the education of children with special needs.

3. Subsidiary Objects

In furtherance exclusively of the foregoing main object the body shall have the following subsidiary objects:

(a) to achieve adequate deployment of resources to support education for persons with special needs.

(b) to promote the highest standard of education for persons with special needs

(c) to encourage and facilitate communication and co-operation between persons engaged in the education of persons with special needs.

(d) to arrange or assist in arranging and providing conferences, discussions and meetings on subjects of general or special interest in the field of management in special education.

(e) to promote the study of best practices with regard to their impact on enhancing the abilities of persons with special needs.

(f) to collaborate with Boards of Management of mainstream schools in the provision of education for pupils with special needs.

4. Powers

To the extent that the same are essential or ancillary to the promotion of the main object, as heretofore set out, the body may exercise the following powers:-

(a) rent/lease or buy/build premises as may be needed

(b) provide equipment as may be needed

(c) to raise funds

(d) to apply for grants

(e) receive money and make payments on behalf of the group

(f) to engage staff

(g) to do all such things as are necessary for, or ancillary to the furtherance of the main object

5. Rules of Membership

All Boards of Management in Special Education are eligible to be members of the Association. When membership of a Board of Management ceases for whatever reason, then membership of the Association ceases also.

6. General Meetings

(a) An Annual General Meeting (AGM) shall be held each year at a time and place decided by the committee at which the Annual Report and Verified Accounts for the preceding year shall be presented and agreed.

(b) A Special General Meeting (EGM) may be called at any time at the request of the committee or one quarter of the members.

(c) The Secretary shall send a note to each member of the date, time and place of any General Meeting decided by the executive committee, with an agenda, at least two months before the date of the meeting. The Chairperson will be responsible for convening the meeting.

(d) No decisions may be taken at any General meeting if fewer than one- quarter members attend. A new meeting must be called.

(e) The quorum for meetings shall be one quarter of the members. The Chairperson shall have a second or casting vote.

(f) Motions to the AGM shall be dealt with strictly under standing orders.

7. Committee

The general Management of the Association shall be vested in the Committee of the Association.

(a) the Committee shall be elected at the Annual General Meeting. The membership shall consist of a chairperson, secretary and treasurer and not less than four and not more than thirteen other members.

(b) the committee should reflect the parameters laid down by the Department of Education and Science for the composition of Boards of Management and shall have regard to the desirability of regional representation and gender balance. Paid employees of the association are not allowed to sit or vote on the committee. They may attend in an advisory capacity.

(c) representatives from other organisations not exceeding five in number may be invited to meetings in the interest of information sharing, for a defined period of time, but will not be deemed to be members of the committee.

(d) the committee is responsible for the running of NABMSE and should meet seven times per year but must meet a minimum of three times per year. Additional meetings shall be convened at the discretion of the committee.

(e) the committee shall be ultimately responsible in all matters to the Association. The Annual General Meeting shall be deemed the main forum where such activity takes place.

(f) the committee will communicate with members of the Association on a regular basis.

(g) The committee shall retire each year at the AGM Members who have been nominated by their Boards of Management are eligible for election. The new committee shall be elected by a show of hands or by a written vote.

(h) A committee meeting cannot take place if there are less than 5 people present.

(i) The committee may fill casual vacancies on the committee until the next AGM

(j) Membership of the Executive Committee shall cease if the member, without a valid reason, fails to attend three successive meetings.

8. Finance

(a) The treasurer shall keep account of all income and expenditure and shall prepare written accounts for the AGM. The financial year shall end on the 31st December each year.

(b) All accounts shall be verified by an Auditor (or other independent approved person) to be appointed by the committee and such accounts will be made available to the Revenue Commissioners on request.

(c) The treasurer shall open a bank account in the name of the Association. All cheques shall be signed by two of the three named people authorised to sign cheques on behalf of the Association. The chairperson shall be sent a duplicate bank statement.

9. Income and Property

The income and property of the body, shall be applied solely towards the promotion of its main object as set forth in this Constitution. No portion of the body's income and property shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit, to the members of the association. No Officer shall be appointed to any office of the body paid by salary or fees, or receive any remuneration or other benefit in money or money's worth from the body. However, nothing shall prevent any payment in good faith by the association of: -

(a) Reasonable and proper remuneration to any member of the body (not being an officer) for any services rendered to the body;

(b) Reasonable and proper out-of-pocket expenses incurred by any Officer in connection with their attendance to any matter affecting the body;

(c) reasonable and proper rent for premises demised and let by any member of the association (including any officer) to the association;

(d) fees, remuneration or other benefit in money or money's worth to any company of which an Officer may be a member holding not more than one hundreth part of the issued capital of such company.

(e) interest at a rate not exceeding 5% per annum on money lent by any member of the association (including any officer) to the association.

10. Winding-up

If upon the winding up or dissolution of the body there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, it shall not be paid to or distributed among the members of the body. Instead, such property shall be given or transferred to some other charitable institution or institutions having main objects similar to the main objects of the body. The institution or institutions to which the property is to be given or transferred shall prohibit the distribution of its or their income and property among its or their members to an extent at least as great as is imposed on the body by virtue of clause 9 hereof. Members of the body shall select the relevant institution or institutions at or before the time of dissolution, and if and so far as effect cannot be given to such provisions, then the property shall be given or transferred to some charitable object.

11. Additions, alterations or amendments

No addition, alteration or amendment shall be made to or in the provisions of this Constitution for the time being in force unless the same shall have been previously approved in writing by the revenue Commissioners.

12. Keeping of Accounts

Annual audited accounts shall be kept and made available to the Revenue Commissioners on request.