ARTICLE I
Name
The name of the Association shall be known as Anderson Home School Association, Inc. (AHSA). We will have a motto that shall be known as H.O.M.E., which stands for Heart Of My Education.
ARTICLE II
Definition
The Anderson Home School Association is a Christian organization, the members of which are like-minded Christian home educators dedicated to observing the Biblical commands of Deuteronomy 6:4-10, Proverbs 22:6, and Ephesians 6:4. We promote home education as the Scriptural design for education whereas institutional education is an alternative to the home. We believe that every family has the God-given legal and constitutional right to home educate in the State of South Carolina, regardless of their philosophy of education or religious affiliation. Anderson Home School Association, Inc. is not a church nor is this organization meant to replace the ministry of the local church to the home education family.
ARTICLE III
Statement of Purpose
The purpose of the corporation is as follows:
(a.) The purpose of the corporation shall be to further the interests of home education of children by their parents by all lawful means, including, but not limited to, support of and assistance to members of the corporation who are educating their own children at home, dissemination of information regarding the rights of parents to direct the education and upbringing of their children, participation in and sponsorship of conventions and educational seminars for teaching parents, organization of field trips and extra-curricular activities for members of the corporation.
(b.) The corporation shall operate exclusively for educational purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code. The corporation is not organized and shall not be operated for pecuniary gain or profit. No part of the property of the corporation and no part of its net earnings shall inure to the benefit of any director or other private individual.
The corporation’s indemnification and limited liability shall include, but not be limited to, the following:
(a.) The corporation shall, to the fullest extent provided by law, indemnify each director and officer against any and all liabilities, and advance any and all expenses incurred by a director or officer, arising out of or in connection with any proceeding to which such director or officer is a party because such person is a director or officer of the corporation. The corporation shall indemnify its employees and authorized agents, acting within the scope of their duties as such, to the same extent as director and officers. The rights to indemnification granted hereunder shall not be deemed exclusive of any other rights to indemnification against liabilities or the advancement of expenses, to which such person may be entitled under any written agreement, board resolution, vote of members, statutes or common law. The corporation may, but shall not be required to, supplement the rights to indemnification against liability and advancement of expenses under this section by the purchase of insurance on behalf of any one or more of such persons, whether or not the corporation would be obligated to indemnify such person under this section.
(b.) Each individual (other than an employee of the corporation) who provides service to or on behalf of the corporation without compensation (“volunteer”) shall be immune from liability to any person for damages, settlements, fees, fines, penalties, or other monetary liabilities arising from any act or omission as a volunteer, to the fullest extent provided by statutory or common law. For purposes of this section, it shall be conclusively presumed that any volunteer who is licensed, certified, permitted or registered under state law and who is performing service to or on behalf of the corporation without compensation is not acting within, the scope of his or her professional practice under such license, permit or registration unless otherwise expressly stated to the corporation in writing.
ARTICLE IV
Statement of Faith
Section 1. Preface
Our Statement of Faith includes only those truths upon which all true Christians agree. It concerns the Person and Work of Jesus Christ (the Gospel) as revealed in Scripture. It is the faith once delivered to the saints (Jude 2, Eph. 4:5) which distinguishes believers from non-believers. There are many other precious truths taught in the Bible over which godly men have differed in understanding. Therefore, this is not a statement of all that is important to believe, but of all that is essential to believe for Christian fellowship and unity. (Rom. 15:7)
Section 2. Statement
We believe:
The Bible to be the inspired, infallible, divinely preserved Word of God, the supreme and final authority for all faith and practice.
That there is one God, eternally existent in three persons: Father, Son and Holy Spirit.
In the deity of our Lord Jesus Christ, His virgin birth, His sinless life, His miracles, His vicarious and atoning death through His shed blood on the cross, His bodily resurrection, His ascension, and His imminent bodily return in power and glory.
That man was created in the image of God, but fell into sin and is therefore lost, and only those who put their faith in Jesus Christ alone, not trusting any personal works whatsoever, can be saved.
That salvation is the free gift of God brought to the sinner by grace and received by personal faith in the Lord Jesus Christ, whose substitutionary death on the cross paid the penalty for man’s sin.
That the ministry of the Holy Spirit is to convict mankind; indwell, guide, instruct, empower and comfort the believer for godly living and service.
In the spiritual unity of believers through our common faith in the Lord Jesus Christ, and that individual doctrinal differences which may exist, outside the aforementioned paragraphs in IV: Statement of Faith, should not hinder the unity of Christian home educators.
NEW ADDENDUM:
- Marriage, Gender, and Sexuality
- The gift of gender as male and female is part of the goodness of God’s created order, is the fundamental and universal biological distinction of the human race, and is not determined by one’s self-perception. As embodied spirits, gender is a part of the very core of the body-soul unity that determines the very essence of human nature. It is therefore not possible to sever the connection between one’s gender and one’s biological sex.
- Marriage is the joining of one man and one woman in an exclusive, lifelong, public covenant. Sexual intimacy is a good gift from God to be enjoyed only within the confines of marriage. Any form of sexual intimacy outside the marriage covenant constitutes immorality.
ARTICLE V
Members
Section 1. Membership
Membership in the corporation shall be available to Christian home schooling parents. All members must apply for membership and pay annual dues as prescribed by the Board of Directors and must be approved by a majority vote of the Board at any regular or called meeting.Section 2. Rights and Privileges
Members of the corporation shall enjoy all of the rights and privileges of membership in the corporation as established by the Board of Directors and the laws of the state of incorporation. Members shall be entitled to participate in all activities of the corporation and to represent the interests of the corporation, subject to the authority of the Board of Directors.Section 3. Duties and Responsibilities
By submitting an application for membership in the corporation, members agree to abide by all standards and policies of the corporation as established by the Board of Directors. Members are encouraged to use their skills to aid, encourage, support and inspire others in the Association. Members shall refrain from engaging in any activity, which may bring reproach on the corporation or home education.Section 4. Terms of Membership
Membership adheres to a person or family in whose name dues are paid. A “Member” of the Association is a person in whose name membership is recorded or the spouse of such a person. Members will be required to renew their membership on an annual basis at the beginning of each new year by signing the application and paying dues, re-affirming their commitment.Section 5. Termination of Membership
Members may terminate membership in the corporation at any time by notifying the President or Board of Directors. Membership of any member may be involuntarily terminated by a four-sevenths (4/7 vote of the Board of Directors) whenever in its judgment the best interests of the corporation will be served thereby.
ARTICLE VI
Powers
The corporation shall have all of the statutory powers enumerated for non-profit corporations under the laws of the state of incorporation.
ARTICLE VII
Board of Directors
Section 1. Governing Authority
The governing body of the corporation shall be known as its Board of Directors, and it shall have plenary powers to do all things necessary and proper to operate and control the Corporation.
Section 2. Composition and Qualifications
The Board of Directors shall be a self-perpetuating body. It shall consist of five members elected by the Board of Directors. Members of the Board of Directors shall be home schooling parents and shall be members in good standing of the corporation. Each candidate for election to the Board of Directors must sign the Statement of Faith of the corporation (without noting exceptions), must be a member of a local evangelical church, and must profess by credible testimony his/her faith in Jesus Christ.
Section 3. Term of Service
Each member of the Board of Directors shall be elected for a term of three years commencing with the beginning of the next fiscal year after election. Terms shall be staggered so that the terms of the appropriate members shall expire each year. The-initial-Board of Directors shall elect two members for a term of one year, two members for a term of two years, and three members for a term of three years, with the commencement of each term to be effective July 1, 2001.
At the board’s discretion, board members may be invited to serve for another term.
Section 4. Manner of Election
The current board shall prayerfully elect any incoming board member(s) in the spring of the current year. Nominations for election to the Board of Directors shall be submitted to the Board of Directors by any member of the association, such nominations to be submitted at the regular meeting of the Board of Directors two months prior to the commencement of the proposed term of service. Nominees shall appear before the Board of Directors at its regular meeting one-month prior to the commencement of the proposed term of service for an interview and to comply with the provisions of Section 2 of this Article. Election of a nominee to the Board of Directors shall be by three-fifths (3/5) vote of the members of the Board of Directors.
Section 5. Vacancies
Vacancies in the Board of Directors caused by the death or resignation of a member shall be filled by election of a qualified person to serve the unexpired term of the member who has died or resigned.
Section 6. Delegation of Authority
Board of Directors may delegate to one or more of its members or to any of its officers, agents or employees, or to any of its committees such powers and duties as it may deem appropriate and proper. In the absence of such delegation, either generally or specifically, no member of the Board of Directors shall have any authority to act for the Board of Directors. Each member of the Board of Directors shall have status co-equal with that of each other member, and each member shall have the right to vote on any and all questions coming before the Board of Directors.
Section 7. Compensation
Members of the Board of Directors may receive reasonable compensation for their services and may be reimbursed for actual expenses incurred in the maintenance of their duties. Persons who serve as members and render service to the corporation in some capacity other than as a member of the Board of Directors may be compensated for their services when approved by the Board of Directors.
Section 8. Removal
Any board member may be removed by a three-fifths (3/5) vote of the Board of Directors whenever in its judgment the best interests of the corporation will be served thereby.
ARTICLE VIII
Meetings
Section 1. Quorum
The quorum for all meetings of the Board of Directors whether regular or special, shall be one-half (1/2) of the voting members. For meetings at which a new president, a new board member or financial decisions of amounts greater than $500 are being voted on, a quorum shall constitute the full board.
Section 2. Regular Meetings
Regular meetings of the Board of Directors shall be held at times and places established by the Board of Directors and shall be held at least quarterly.
Section 3. Special Meetings
Special meetings of the Board of Directors may be held upon three days notice to members. The Chairman of the Board of Directors may call such meetings on his own initiative but shall be obligated to call such meetings when requested to do so by at least two other members of the Board of Directors.
ARTICLE IX
Officers
Section 1. Designation
The officers of the Board of Directors of the corporation shall consist of a President, a Secretary, and a Treasurer.
Section 2. Election and Term of Service
Officers shall be elected by the Board of Directors at its first regular meeting after the meeting at which members of the Board of Directors were elected. Officers shall serve for a term of one to three years commencing on July 1 of each year.
Officers of the initial Board of Directors shall serve retroactively from the most recent July 1. Each officer shall hold office until his successor shall have been duly elected or until his death or he shall resign or shall have been removed in the manner hereinafter provided.
Section 3. Removal
Any officer may be removed by a three-fifths (3/5) vote of the Board of whenever in its judgment the best interests of the corporation will be served thereby.
Section 4. Vacancies
The Board of Directors shall fill any vacancy in any office, however occurring, by the election of an officer for the unexpired term of the office.
Section 5. President
The. President shall be the principal executive officer of the corporation and, subject to the control of the Board of Directors, shall in general supervise and control all of the business and affairs of the corporation. The President shall, when present, preside at all meetings of the Board of Directors and he may sign, with the Secretary or any other proper officer thereunto authorized by the Board of Directors, any deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or these By-Laws to some other officer or agent of the corporation or shall be required by law to be otherwise signed or executed, and in general shall perform all duties incident to the office of President and such other duties as may be prescribed by the Board of Directors from time to time.
Section 6: Secretary
The Secretary shall (a) keep the minutes of the proceedings of the Board of Directors in one or more books provided for that purpose; (b) see that all notices are duly given in accordance with the provisions of these By-Laws or as required by law; (c) be custodian of the corporate records and of the seal of the corporation and see that the seal of the corporation is affixed to all documents, the execution of which on behalf of the corporation under its seal is duly authorized; and (d) in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him by the President or by the Board of Directors.
Section 7. Treasurer
The Treasurer shall (a) have charge and custody of and be responsible for all funds and securities of the corporation; (b) receive and give receipt for monies due and payable to the corporation from any source whatsoever, and deposit all such monies in the name of the corporation in such banks, trust companies or other depositaries as shall be selected by the Board of Directors; and (c) in general to perform all of the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him by the President or by the Board of Directors.
ARTICLE X
Committees
Committees may be established from time to time as appointed by the President of the Board of Directors or by action of the Board of Directors to consider and report on matters assigned at the time of appointment or action.
ARTICLE XI
Director and Officer Indemnification
The corporation shall indemnify any and all of its officers, members of the Board of Directors, or former officers or members or, any person who may have served at its request or by its election as a member or office of the corporation, against expenses actually and necessarily incurred by them in connection with the defense or settlement of any action, suit or proceeding in which they, or any of them, are made parties, or a party, by reason of being or having been members or officers of the corporation, except in relation to matters as to which any such member or officer or former director or officer or person shall be adjudged in such action; suit or proceeding to be liable for willful misconduct in the performance of duty and to such matters as shall be settled by agreement predicted on the existence of such liability. The indemnification provided hereby shall not be deemed exclusive of any other right to which anyone seeking indemnification hereunder may be entitled under any by-law, agreement, or otherwise, both as to action in his official capacity and as to action in another capacity while holding such office. The corporation may purchase and maintain insurance on the behalf of any member, officer, agent, employee or former member or officer or other person, against any liability asserted against them and incurred by him to the extent that the corporation would have the power to indemnify him against such liability under the provisions of this Article and the law of the state of incorporation.
ARTICLE XII
Adoption and Amendment of By-Laws
With the exception of Articles XII and XIII which are irrevocable and not subject to amendment, these By-Laws shall be adopted and thereafter amended only by a three-fifths (3/5) vote of the Board of Directors.
ARTICLE XIII
Dissolution
Upon dissolution of the corporation, assets shall be distributed for educational purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future tax code. Any such asset not so disposed of shall be disposed of by the court of common pleas for the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organizations, as said court shall determine, which are organized and operated exclusively for such purposes.