By Laws

     

    Promoting quality career education, contributing to the well-being of Louisiana, through the collaborative efforts of training providers.

     

    BEFORE ME, a Notary Public, in and for East Baton Rouge Parish, Louisiana, and in the presence of the undersigned witnesses, on this ____ day of _______________, 2004, appeared Mark Worthy and Brenda Nash, who after being first duly sworn, declared under OATH that:

    1. They are the President and Secretary respectively of Louisiana Career College Association.
    2. They are the President and Secretary respectively of Louisiana Career College Association.
    3. They are the persons authorized to execute the Amendments to the Articles by resolution of the members of Louisiana Career College Association in a special meeting of the membership called for the purpose of amending the Articles of Incorporation on November 12, 2004 in Baton Rouge, Louisiana, after due notice.
    4. A certified copy of the Extract of the Resolution of the members amending the Articles by a vote of at least two-thirds interest of the voting members present is annexed hereto and made a part hereof, marked Exhibit “1”.
    5. They are the persons authorized to execute and file these Restatement of Articles with all Amendments thereto in a special Board of Directors meeting held on November 12, 2004, in Baton Rouge, Louisiana.
    6. A certified copy of the Extract of the Resolution of the Board of Directors authorizing the Restatement of Articles with Amendments is annexed hereto and made a part hereof, marked Exhibit “2”.

    The name of this corporation, formerly named LOUISIANA PROPRIETARY SCHOOLS ASSOCIATION and LOUISIANA ASSOCIATION OF PRIVATE COLLEGES AND SCHOOLS, is Louisiana Career College Association. 
    ARTICLE II PURPOSES

    This corporation is organized for the following purposes:

      • Section – 1. To advance the mutual interests of the owners and operators of business enterprises selling courses of instruction in Louisiana to students who are preparing for a business, trade, technical or industrial occupation.
      • Section – 2. To promote cooperation between its members and to establish and maintain principles and standards of fair and equitable operation of proprietary schools.
      • Section – 3. To gather, receive, prepare, compile, select, distribute and disseminate data and information of all kinds which may be helpful to its members.
      • Section – 4. To print, publish, distribute and circulate among its members and the general public, books, pamphlets, papers and magazines in connection with the activities of the corporation.
      • Section – 5. To furnish members advice and information about all matters connected with or pertaining to the operation and management of their schools and courses of instruction, and to maintain a complete and comprehensive service on all matters pertaining thereto.
      • Section – 6. To encourage its members to maintain high standards in their equipment, instructional materials, instructors and facilities to promote the best possible preparation and training of students for their chosen fields of endeavor.
      • Section – 7. To eliminate and reform abuses and to encourage protective legislation for the benefit of members and to combat unjust legislation.
      • Section – 8. To promote good will and public understanding of its members and to educate, encourage and direct public opinion toward a better image of its members.
      • Section – 9. To do any other act in furtherance of the above.
      • Section – 10. To foster unity and organization among the proprietary schools of Louisiana.
      • Section – 11. To promote and improve the quality of education offered by members of the Association.
      • Section – 12. To encourage a free exchange of ideas among proprietary schools in order to improve teaching methods and course offerings and in order to promote efficiency and economy of operation.
      • Section – 13. To facilitate cooperation among members of the Association in order to preserve and defend the following rights:
        • (a) The right of every person to own and operate a proprietary school in a free, competitive market;
        • (b) The right of every person who owns a proprietary school to open a new branch, teach a new course of study or hire a new instructor;
        • (c) The right of every person who owns a proprietary school to teach any course, subject or body of knowledge according to any theory or school of thought;
        • (d) The right of both school owners and students to negotiate prices, fees and terms freely;
        • (e) The right of every person who owns a proprietary school to publish any catalogue, bulletin, form letter, circular or advertising of any kind which is not fraudulent or dishonest;
        • (f) The right of every person who owns a proprietary school to maintain confidential records, determine what equipment will be used and establish a pupil-teacher ratio;
        • (g) The right of every person who owns a proprietary school to control school property;
        • (h) The right of school owners to accept or reject any applicant who submits himself for enrollment and the right of any applicant to attend a school willing to admit him;
        • (i) The right of school owners to hire and select according to their qualifications any instructor who is willing to be employed and the right of any instructor to teach at a school which offers him employment;
        • (j) The right of every citizen to purchase a private education; and
        • (k) The right of every person who owns a proprietary school to offer private education to the public.
      • Section – 14. To do any and all things which may be necessary and proper to accomplish these goals.

    ARTICLE ||| DURATION

      • The corporation shall enjoy corporate existence in perpetuity, unless dissolved in accordance with law.

    ARTICLE |V REGISTERED AGENTS

      • The location and post office address of its registered office is: 
        Post Office Box 77976 Baton Rouge, LA 70879-7976

    ARTICLE V REGISTERED AGENTS

    ARTICLE VI DUES AND ASSESSMENTS

      • Section 1 – This corporation shall be a non-profit corporation and shall have no capital stock. It shall be operated and maintained by the payment of such membership dues and assessments as may be from time to time levied in accordance with these Articles and the By-Laws adopted pursuant to them.
      • Section 2 – Should the Board of Directors deem it necessary or desirable to levy membership dues, it shall recommend the dues and terms of paym€nt to the general membership with 2/3rds of the majority vote of the active members required for approval.

    ARTICLE VII MEMBERSHIP

      • Section 1 – Membership in the association shall be open to any natural or artificial person who endorses the purposes of the Association, pays the membership dues, as provided in the By-Laws, and is approved by the Board of Directors.
      • Section 2 – There shall be three classes of members:
        • (a) Active Members – Sole proprietorships, partnerships or corporations, which own one or more proprietary schools located in the State of Louisiana; provided that sole proprietorships, partnerships or corporations owned by the same person or persons shall not constitute more than one active member per district in which a so-owned school exists and for which a membership has been paid. Therefore, the maximum membership an entity can have is five, since there are five districts, if that entity owns a school in each district.
        • (b) Associate Members – Owners, shareholders, officers, or employees of any sole proprietorship, partnership or corporation which is an Active Member of the Association.
        • (c) Supporting Members – Other natural or artificial persons.
        • (d) Allied Members – Sole proprietorships, partnerships or corporations, which sell goods or services to member schools in support of the industry that is located in the United States.

    ARTICLE VIII BOARD OF DIRECTORS

      • Section 1. – The corporate powers of this corporation shall be exercised by a Board of Directors consisting of not less that seven (7) nor more that eleven (11) associate members in good standing of the corporation. Five of these members shall represent member-approved regions of the state of Louisiana and shall serve for two years. They shall be elected by active members of that region to represent that region. There shall be no more than one representative from each corporation or holding company on the Board of Directors. . A sixth member of the Board of Directors shall be elected for two years by the active members (total active members) from the group described as Allied members. The remaining four members of the Board of Directors shall be the Past President, President, Vice-President, Secretary, and Treasurer. Each Director shall serve until his successor is duly qualified and elected. The terms for the Board of Directors elected in November, 2004, shall be only one year.
      • Section 2. – The Board of Directors shall have authority to make and alter By-Laws of the corporation, provided that such changes have been approved by the active members by a 2/3rds majority vote of the voting active members.
      • Section 3. – General meetings of the Board of Directors shall be held quarterly on a day agreed upon by the Board of Directors.

    ARTICLE IX OFFICERS

      • Section 1 – The officers of this corporation shall be a President, Vice President, Secretary, Treasurer, and Past President who also shall serve as members of the Board of Directors.
      • Section 2 – The officers shall be elected by the active members at the annual meeting of the membership. Nominations for new officers shall be presented to the Board of Directors at their quarterly meeting prior to the annual membership meeting and distributed to the membership. Any active member can nominate an associate member for office.
      • Section 3 – The officers of the corporation shall serve for a period of one (1) year or until their successors are duly qualified and elected. This excludes the president who shall serve for a two-year term.

    ARTICLE X AMENDMENTS

    • Section 1 – The Articles of this corporation may be amended by two-thirds vote of the active members, present or by absentee ballot, in an annual or a special meeting of the membership held after at least thirty (30) days written notice to the membership of the purpose of the meeting,
    • Section 2 – Any active member shall be entitled to propose amendments to the Articles to be voted on at the annual meeting of the membership, provided a copy of the proposed articles be forwarded to the Secretary-Treasurer of the corporation at least forty-five (45) days prior to the said annual meeting.