BOARD
OPERATIONAL GOALS
The
Board of Education, as a legally constituted body of elected representatives,
bears the responsibility of setting policy for the school district. The Board acts in accordance with authority
and responsibility vested in it by federal and state laws, rules, and
regulations on behalf of the district's citizens.
In
order to ensure that its educational programs provide all students with a
high-quality education, the Board hereby establishes as its goals:
1. to work closely with the community to
ensure that Board actions and performance take into consideration the concerns
and aspirations of the community;
2. to identify the educational and
technological needs of the community and industry, and to transform such needs
into programs aimed at stimulating students and preparing them for future
careers;
3. to employ a Superintendent of Schools
capable of ensuring that the district maintains its position as an outstanding
school system, and that school personnel carry out the policies of the Board
with energy and dedication;
4. to provide leadership in order that
goals and objectives of the district, as set forth by the Board, can be
effectively carried out. Board action
should be confined to policy-making, planning and appraisal with the Board
delegating authority to the Superintendent for the implementation of policies;
and
5. to evaluate the Board's performance in
relation to these goals, and to establish and clarify policies based upon the
results of such evaluation.
Adoption date: December 16, 1997
SCHOOL
BOARD LEGAL STATUS
The
legal status of the Board of Education is that of a corporate body established
pursuant to the laws of New York State.
Any liability of the district is a liability of the Board of Education
as a corporation and not that of the members of the Board as individuals.
The
Board is a nine-member board elected by district residents. Each member of the Board serves for three
years. The terms of office of Board
members shall not all expire in the same year.
Board members are responsible for school district management and
policy-making.
Ref: Education
Law §§1701; 1702; 1703; 1804(i); 2101(2); 2105
Adoption date: December 16, 1997
SCHOOL
BOARD POWERS AND DUTIES
The
Board of Education is the governing body of the school district. The Board is entrusted with the
responsibility of developing policies under which the district is managed.
The
powers and duties of the Board are as stated in the Education Law and other
applicable New York State law.
Final
authority on all district educational matters, except as restricted by law,
will be vested in the Board. The Board
may also enter into contracts and agreements in conformity with state law.
Cross-ref: 2111, Board Member Authority
Ref: Education
Law §§1604; 1604-a; 1701; 1708; 1709; 1710
Adoption date: December 16, 1997
SCHOOL BOARD ACCESS TO PERSONNEL RECORDS
In
accordance with the Regulations of the Commissioner of Education, members of
the Board of Education may review employee personnel records only for the
purpose of aiding the members to fulfill their legal responsibilities in making
decisions in such employee personnel matters as appointments, assignments,
promotions, demotions, remuneration, discipline or dismissal, or to aid in the
development and implementation of personnel policies, or such other uses as are
necessary to enable the Board to carry out legal responsibilities.
Board
members may review employee personnel records provided:
1. the Superintendent of Schools is
requested in advance to present the personnel records at a regularly scheduled
open meeting of the Board;
2. the records are reviewed during an
executive session;
3. the personnel records are returned in
their entirety to the Superintendent at the conclusion of the Executive
Session; and
4. no reproduction of the record is made
and no written notes are taken of the contents of employee personnel records.
The
information contained in such records shall only be used by the Board for the
purpose of aiding Board members in decisions regarding personnel employment
matters, such as appointments, assignments, promotions, demotions,
remuneration, discipline or dismissal; development and implementation of
personnel policies; or such other uses as are necessary to enable the Board to
carry out its legal responsibilities.
Cross-ref: 9160, Personnel Records
Ref: Education
Law §§1604; 1604--a; 1701; 1708; 1709; 1710
8
NYCRR, Part 84
Gustin v. Joiner, 95
Misc. 2d 277 (1978), aff'd 68 AD2d 880
(1978)
Matter of Bruno, 4
EDR 14 (1964)
Adoption date: December 16, 1997
BOARD
MEMBER AUTHORITY
Members
of the Board of Education have legal authority for the conduct of the district
schools only when acting as a body, by majority vote, in a properly convened
session.
Board
members acting as individuals have no authority over school affairs or school
personnel. The Board will not be bound in any way by any individual's statement
or action unless the Board, through adopted policy or by majority vote, has delegated this authority
to the individual member.
Members
of the Board are free to speak as individuals on issues related to school
affairs, but when doing so are expected to communicate clearly that any such
expression represents their own individual view and not the view of the
Board.
Every
Board member is expected to sign and abide by the School Board Member Code of
Conduct.
Cross-ref: 2110, School Board Powers and Duties
2330,
Executive Sessions
Ref: Education
Law §§1604; 1701; 1708; 1709; 1710
General
Municipal Law §805-a
Matter of Bruno, 4
EDR 14 (1964)
Adoption date: December 16, 1997
BOARD
MEMBER SCHOOL VISITS
Unless
specifically authorized to act on behalf of the Board of Education, an
individual Board member has no right to make an official visit to the schools
for the purposes of inspecting the schools, gathering information, or giving
directions to any employee of the schools.
The individual Board member’s rights are no greater or different from
those of any other individual. As such,
individual Board members shall provide advance notice of a school visit to the
Building Principal and shall notify the Principal upon entering the building. Concerns or opinions related to the
education program in individual school buildings shall be directed to the
Superintendent of Schools.
Cross-ref: 1240, Visitors to the Schools
2250,
Board Committees
Ref: Matter of Bruno, 4 EDR 14 (1964)
Adoption date: December 16, 1997
SCHOOL
BOARD ELECTIONS
The elections
of members of the Board of Education shall be held on the third Tuesday in May,
unless this date conflicts with religious observances on that day, in which
case it shall be held on the second Tuesday in May. The polls shall be open for those hours designated by the
district. The following items shall be
voted upon:
1. the annual budget,
2. any vacancies on the Board of
Education, and
3. any special propositions that have been
properly presented.
Cross-ref: 1050, Annual District Meeting and Election
6120,
Budget Hearing
Ref: Education
Law §§2012; 2013; 2014; 2018; 2018-a; 2019-a; 2031; 2035
Adoption date: December 16, 1997
Revision date: September 21, 1999
CANDIDATES AND CAMPAIGNING
Nominations
Candidates
for the office of member of the Board of Education shall be nominated by
petition. Such petition shall be
directed to the District Clerk, shall contain the signatures and addresses of
at least 25 qualified voters of the district or two percent (2%) of the voters
who voted in the previous election, whichever is greater, shall state the name
and residence of the candidate, whether the candidate is nominated for a full
term or for the unexpired portion of a term and shall state the specific office
for which the candidate is nominated.
Each petition shall be filed with the District Clerk not later than 30
days preceding the Annual Meeting at which the candidates so nominated are to
be elected.
The
District Clerk will supervise the procedure used to establish the order of
names on the ballot. The Board may
reject nominations if the candidate is ineligible or has declared an
unwillingness to serve. Candidates for
the Board shall be nominated to run for a specific seat on the Board.
Public
Notice
The
Board shall publish a notice of the annual election which will state that
petitions nominating candidates for the office of member of the Board must be
filed with the District Clerk not later than 30 days preceding the Annual
Meeting or election at which the candidates so nominated are to be elected.
Electioneering
Electioneering
during the hours of any vote is prohibited within the polling place or within
100 feet of any such polling place.
Displays or handout items of any political nature, except those provided
by law, shall be prohibited by any individual, group or organization in any
school building on those days when the polls are open for voting on school
district matters, including, but not limited to, the annual school budget,
candidates for the Board of Education, special propositions, etc.
Cross-ref: 1050, Annual District Meeting and Election
6120,
Budget Hearing
Ref: Education
Law §2018
Adoption date: December 16, 1997
VOTING
PROCEDURES
Eligibility to Vote
A person shall be eligible and entitled to vote in any school district meeting or election and in all matters placed upon the official ballot, if such person is:
1. a citizen of the United States;
2. at least eighteen years of age;
3. a resident within the district for a period of 30 days next preceding the meeting or election at which such person desires to vote;
4. qualified to register or is registered to vote in accord with section 5-106 of the Election Law which excludes:
a) those convicted felons who have not been pardoned or had their rights of citizenship restored, those whose maximum sentence of imprisonment has not expired; and/or those who have not been discharged from parole;
b) persons adjudged mentally incompetent by a court; and
5. listed upon current voter registration lists maintained by the local Board of Elections or properly registered to vote within the school district. The Board of Education shall appoint a Board of Registration and shall designate the registration place and hours for district residents preceding each district meeting or election. The last day of registration shall not be more than 14 nor less than five days preceding each election or meeting.
The names of persons who fail to vote at any district meeting or election for four successive years shall be removed from the district register. During the annual election, otherwise qualified voters whose names do not appear on the current register may be registered to enable them to vote at future meetings and elections.
Challenges to voters believed unqualified to vote may be undertaken pursuant to Education Law provisions. As provided in section 2025 of the Education Law, each annual or special election or meeting shall have a presiding chairman appointed by the Board. Such chairman shall have the responsibility of properly handling any challenges to the qualification of any voter.
Voting
Voting machines shall be used for recording the votes on all elections, budget votes, votes on special propositions, special district meetings, other fiscal matters and appropriate propositions legally entitled to be on the voting machine. The only exception to the use of voting machines shall be an emergency situation whereby the machines are unavailable due to a mechanical failure or state or local law prohibiting their use. If this should arise, paper ballots will be used.
2120.2
The Board shall appoint a Chief Election Inspector and assistant clerks and election inspectors as required. Each voting machine shall have at least two clerks in attendance during all voting hours. It shall be the duty of each clerk to keep a poll list containing the names of each person before such person is permitted to vote.
Voting machines must be examined by election inspectors prior to each election to make sure that all counters are set to zero, that the ballot labels are properly placed, and that each machine is in proper condition for use.
The positions of the Board member nominees on the voting machine shall be determined by lot. The proposition for the approval of the annual budget shall be placed upon the voting machines as Proposition No. 1. The Board, shall, in its discretion, determine the order in which questions and propositions shall appear on the voting machines.
Write-in ballots are permissible, when applicable, by utilizing the write-in device provided with the voting machine. If voting machines are not used, ballots containing the names of nominated candidates will be provided by the Board. On a paper ballot, one blank space will be provided under the name of the last candidate for each office so that voters may vote for candidates who have not been nominated for the offices to be filled at the election.
The writing in, with a black lead pencil, of a name in the blank space so provided, will sufficiently indicate a vote. It will not be necessary for a voter to place any other mark beside the name of a write-in candidate.
Absentee Ballots
The Board permits the use of absentee ballots for voting. Such ballots shall be available for the election of members of the Board of Education, the adoption of the school district budget, and on questions and propositions submitted to the voters of the district. Such ballots, including application forms, will be sent by the district clerk to qualified voters wishing to vote by absentee ballot, upon request. The application must be completed and returned with the ballot, and the individual must verify therein that he/she meets all voting requirements, and explain the reason for his/her inability to appear in person to vote.
2120.2
In particular, the individual must explain that he/she will be unable to appear to vote in person on the day of the school district election because:
1. he/she will be a patient in a hospital, or unable to appear personally at the polling place on such day because of illness or physical disability. A voter who claims permanent illness or physical disability may apply for an absentee ballot and the right to receive an absentee ballot for each election thereafter without further application by filing an application containing a statement setting forth the particulars of his/her permanent illness or disability with the Board of Elections;
2. his/her duties, occupation, business, or studies will require him/her to be outside of the county or city of his/her residence on such day;
3. he/she will be on vacation outside the county or city of his/her residence on such day; or
4. he/she will be detained in jail awaiting action by a grand jury; awaiting trial; or is confined in prison after conviction for an offense other than a felony.
The application must be received by the District Clerk at least seven days prior to the election, if the ballot is to be mailed to the voter; or the application must be received by the day before the election, if the ballot is to be personally delivered. Proxy votes are not allowed.
Ref: Education Law §§2012; 2014; 2018; 2018-a; 2018-b; 2018-c; 2019;
2019-a; 2020; 2025; 2032(2)(b); 2032(2)(e); 2035; 2037; 2603; 2610; 2613
Election Law §§3-224; 5-106; 5-400; 5-406; 5-612
Matter of Rodriguez, 31 EDR 471 (1992)
Matter of Gresty, 31 EDR 90 (1991)
Matter of Ferro, 25 EDR 175 (1985)
Matter of Manno and Maloney, 23 EDR 172 (1983)
Matter of Yost, 21 EDR 140 (1981)
Matter of Alpert and Helmer, 20 EDR 281 (1980)
Matter of Reigler and Barton, 16 EDR 256 (1977)
Adoption date: December 16, 1997
Revision date: October 19, 2004
BOARD
MEMBER QUALIFICATIONS
The
qualifications of a candidate for the office of member of the Board of
Education pursuant to Election Law §5-106 are that the candidate be:
1. able
to read and write;
2. a
qualified voter of the district; and
3. a
resident of the school district for at least one year prior to election.
No
employee of the school district may be a member of the Board, except as
permitted by law. Furthermore, a
candidate must be the only member of his/her family in the same household on
the Board, may not simultaneously hold another incompatible public office, and
must not have been removed from a school district office within one year
preceding the date of election to the Board.
Ref: Education
Law §§2102; 2103; 2502(7)
Adoption date: December 16, 1997
BOARD
MEMBER OATH OF OFFICE
The
constitutional oath of office shall be administered to all newly elected Board
of Education members at the annual Reorganizational Meeting in July. The constitutional oath of office shall be
administered to all newly appointed Board members no later than 30 days from
the official date of their appointment.
The
oath shall be administered at a Board meeting by the Board President, the
District Clerk or any notary public, and the oath shall be signed and filed
with the District Clerk within 30 days of the beginning of their term of office
or notice of appointment.
Following
the administration of the oath, the newly designated members may officially
discharge their duties as members of the Board.
Ref: Public
Officers Law §§10; 30
Cross-ref: 2210, Board Reorganizational Meeting
2510,
New Board Member Orientation
Adoption date: December 16, 1997
BOARD
MEMBER RESIGNATION
A
member of the Board of Education may resign his/her office by filing his/her
resignation with the District Clerk.
The effective date of the resignation must be within 30 days after the
date of filing.
Ref: Public
Officers Law §31(1)(h)
Adoption date: December 16, 1997
BOARD
MEMBER REMOVAL FROM OFFICE
A
member of the Board of Education may be removed from office for willful
violation or neglect of duty, or for willfully disobeying any decision, order
or regulation of the Commissioner of Education. Notice of the charge and an opportunity for defense shall be
provided. Official misconduct may be
grounds for removal by the Board after a hearing.
A
vacancy on the Board may also be declared if it is clearly established that a
member has failed to attend three consecutive meetings without sufficient
excuse or if a member has changed his/her legal residence from that of the
school district.
Ref: Education
Law §§306; 1709; 2109
Adoption date: December 16, 1997
UNEXPIRED
TERM FULFILLMENT
The
Board of Education has the power to appoint a qualified person, by majority
vote, to fill any vacancy which may occur on the Board by reason of death,
resignation, removal from office or from the school district, or refusal to
serve, of any member or officer of the Board.
The person so appointed in the place of any such member of the Board
shall hold his/her office until the next annual election of Board members.
The
Board may permit the vacancy to stand until the next annual election or a
special election may be held to fill the vacancy. The special election will comply with all applicable state laws.
Ref: Education
Law §§1709(17); 2113
Adoption date: December 16, 1997
SCHOOL DISTRICT OFFICER AND
EMPLOYEE CODE OF ETHICS
The
Board of Education recognizes that sound, ethical standards of conduct serve to
increase the effectiveness of school Board members and district staff as
educational leaders in their community.
Actions based on an ethical code of conduct promote public confidence
and the attainment of district goals.
The Board also recognizes its obligation, under the provisions of the
General Municipal Law, to adopt a code of ethics setting forth the standards of
conduct required of all district officers and employees.
Therefore,
every officer and employee of the district, whether paid or unpaid, including
members of the Board of Education, shall adhere to the following code of
conduct:
1. Gifts: An officer or employee shall not directly or
indirectly solicit, accept, or receive any gift having a value of $75 or more,
whether in the form of money, services, loan, travel, entertainment,
hospitality, thing or promise, or any other form, under circumstances in which
it could reasonably be inferred that the gift was intended to influence him or
her in the performance of his or her official duties or was intended as a
reward for any official action on his or her part.
However, the Board
welcomes and encourages the writing of letters or notes expressing gratitude or
appreciation to staff members. Gifts from children that are principally
sentimental in nature and of insignificant financial value may be accepted in
the spirit in which they are given.
2. Confidential
information: An officer or employee
shall not disclose confidential information acquired by him or her in the
course of his or her official duties or use such information to further his or
her personal interest. In addition,
he/she shall not disclose information regarding any matters discussed in an
executive session of the Board whether such information is deemed confidential
or not.
3. Representation
before the Board: An officer or
employee shall not receive or enter into any agreement, express or implied, for
compensation for services, other than employment with the district, to be
rendered in relation to any matter before the school district.
4. Representation
before the Board for a contingent fee:
An officer or employee shall not receive or enter into any agreement,
express or implied, for compensation for services to be rendered in relation to
any matter before the school district other than employment with the district,
whereby the compensation is to be dependent or contingent upon any action by
the school district with respect to such matter, provided that this paragraph
shall not prohibit the fixing at any time of fees based upon the reasonable
value of the services rendered.
5. Disclosure
of interest in matters before the Board: A member of the Board of Education
and any officer or employee of the district, whether paid or unpaid, who
participates in the discussion or gives official opinion to the Board on any
matter before the Board shall publicly disclose on the official record the
nature and extent of any known direct or indirect financial or other private
interest he or she has in such matter. The term “interest” means a pecuniary or
material benefit accruing to an officer or employee.
2160
6. Investments
in conflict with official duties:
An officer or employee shall not invest or hold any investment directly
in any financial, business, commercial or other private transaction that
creates a conflict with his or her official duties.
7. Private
employment: An officer or employee
shall not engage in, solicit, negotiate for or promise to accept private
employment when that employment or service creates a conflict with or impairs
the proper discharge of his or her official duties.
8. Future
employment: An officer or employee
shall not, after the termination of service or employment with the Board,
appear before the Board or any panel or committee of the Board, in relation to
any case, proceeding, or application in which he or she personally participated
during the period of his or her service or employment or that was under his or
her active consideration. This shall
not bar or prevent the timely filing by a present or former officer or employee
of any claim, account, demand or suit against the district on his or her own
behalf or on behalf of any member of his or her family arising out of any
personal injury or property damage or for any lawful benefit authorized or
permitted by law.
Distribution
of Code of Ethics
The
Superintendent of Schools shall cause a copy of this Code of Ethics to be
distributed to every officer and employee of the school district. Each officer and employee elected or
appointed thereafter shall be furnished a copy before entering upon the duties
of his or her office or employment. In
addition, the Superintendent shall ensure that a copy of Article 18 of the
General Municipal Law shall be kept posted in each public building under the
district's jurisdiction in a place conspicuous to the district's officers and
employees.
Penalties
In
addition to any penalty contained in any other provision of law, any person who
shall knowingly and intentionally violate any of the provisions of this Code of
Ethics may be fined, suspended or removed from office or employment, as the
case may be, in the manner provided by law.
Cross-ref: 1810, Gifts to School Personnel
2330,
Executive Sessions
6700,
Purchasing
Ref: General
Municipal Law, Article 18
Public
Officers Law, Articles 6; 7
New
York Civil Service Law §75
Adoption date: December 16, 1997
BOARD
MEMBER CONFLICT OF INTEREST
The
members of the Board of Education shall avoid acting in circumstances where
their personal interest conflicts with that of the public whose interest they
have been elected to represent. The
actions of the Board shall be governed by the applicable provisions of the
General Municipal Law, any other applicable law and the code of ethics
established pursuant to Board Policy 2160.
Cross-ref: 9120.1, Conflict of Interest
Ref: Education
Law §§2103; 2502(7); 2590-c; 2590-g; 2590-j(4); 3016
General
Municipal Law §§800 et seq.
Local
Finance Law §60.10
Adoption date: December 16, 1997
BOARD ORGANIZATIONAL MEETING
The Board of Education recognizes its obligation to hold an annual organizational meeting. The purpose of the organizational meeting is to elect officers of the Board and make the proper appointments and designations of other district employees for the proper management of the school district during the school year.
The Board will hold its annual organizational meeting the first Tuesday in July. If that day is a legal holiday, the Board will hold the meeting on the first Wednesday in July. The Board may alternately hold the meeting on a date during the first 15 days in July that is not a legal holiday. The Board will choose this date by resolution at a Board meeting before July.
The District Clerk shall call the meeting to order, and shall preside until the election of a temporary chairperson. The order of business to be conducted at the organizational meeting shall include items required or implied by state law and/or regulation. The Board may also conduct general district business, including properly entering into executive session, if necessary, at the end of the meeting before adjourning.
I. Oath of Office
The District Clerk shall administer and countersign the oath of office to newly-elected Board members. The oath shall conform to Article XIII-I of the New York State Constitution, and Section 10 of the Public Officers Law. No new Board member shall be permitted to vote until he/she has taken the oath of office.
The District Clerk shall administer and countersign the oath of office to the ex-officio student board members.
II. Election of Board Officers
The Board shall elect a temporary chairperson to accept nominations for president and vice president. The Board shall elect a president and vice-president for the ensuing year, and the District Clerk shall administer the oath of office to the president and vice president. A majority of all members of the Board shall be necessary for a valid election.
III. Appointment of Officers
The Board shall appoint and the Board President or District Clerk shall administer the oath of office to the following officers:
District Clerk
District TreasurerThe Board shall appoint District Auditors
IV. Other Appointments
The Board shall appoint and establish the stipend (if any) for the following positions:
School physicians
Orthopedic coverage at both high schools for varsity football games
Chief School Medical Officer
Board and Labor Counsel
Bond Counsel
Financial Advisory Services
Records Access Officer
Records Management Officer
School Purchasing Agent
School Purchasing Technician
Public Relations Firm
Superintendent Hearing Officers
Coordinator for Community Education
Coordinator for Child Care
Coordinator for Community Use of Facilities
V. Designations
The Board shall designate/approve:
Official Bank Depositories
BOE Regular monthly meetings
Official newspapers
VI. Authorizations
The Board shall authorize:
Chief School Officer to certify payrolls
Establishment of petty cash funds
Signatures on checks
Chief School Officer to approve budget transfers
Chief School Officer or Administrator for Federal Funds to apply for
grants in aid.
Co-curricular extra classroom treasurer
Reaffirmation of reserves
VII. Bonding of Personnel
The Board may bond the following personnel handling district funds:
District Treasurer
Co-Curricular Treasurers
Public School System Employee blanket bond
Superintendent/Assistant Superintendent for Business/School
Business Administrator
Money, Theft, Disappearance & Destruction Policy (inside buildings & outside grounds) Forgery or Alteration Policy.
The Board may, in each instance, specify the amount of bond it intends to obtain. The Board may include any of the above officers in a blanket undertaking, pursuant to Law and Commissioner’s Regulations, rather than bond individuals.
VIII. Other Items
The Board will:
Re-adopt all Policies and Code of Ethics
Review School Conduct and Discipline Policy
Appoint AIDS Advisory Committee
Appoint SAVE Committee
Appoint Curriculum Materials Review Committee
Appoint School Safety Team
Appoint Sachem Teacher Center Policy Board Members
Appoint Title VII and Title IX Officers
Establish the mileage reimbursement rate
Establish community use of facilities fees
Approve student accident insurance
Approve BOCES Cooperative Bids
Approve LI Food Services Directors Association Cooperative Bids
Appoint P/T CSE chairpeople
Appoint Committees on Special Education
Appoint Committee on Preschool Special Education
Appoint surrogate parents
Appoint impartial hearing officers
Appoint Section 504 Coordinator
Adopt curriculum
The Board shall review its policies on Investments (6240) and Purchasing (6700), and the Code of Conduct (5300) as required by law. The Board shall also review building-level student attendance data as required under Commissioner’s Regulations section 104.1, and if the data shows a decline in attendance rates, shall review its policy on Attendance (5100).
Cross-Ref:
2270, School Attorney
2220, Board Officers
2230, Appointed Board Officials
2310, Regular Meetings
5100, Attendance
5252, Student Activities Funds Management
5300, Code of Conduct
6240, Investments
6650, Claims Auditor
6680, Internal Audit Function
6690, Audit Committee
6700, Purchasing
6741, Contracting for Professional Services
Ref:
New York State Constitution, Article XIII, Section 1
General Municipal Law Section 103(2) (official newspapers)
Public Officers Law Sections 10; 13; 30
Education Laws Sections 305(31); 701; 1707; 2130 8 NYCRR Section 104.1
Adoption date: December 16, 1997
Revised date: December 17, 2008
BOARD
OFFICERS
The
President and Vice-President of the Board of Education must be members of the
Board and shall be elected by members of the Board at the annual reorganization
meeting in July. In case of a vacancy
in the office of the Board President and Vice-President, the District Clerk
shall call the Board to order for the purpose of choosing a temporary
chairperson for the election of a Board President.
Duties
of the President of the Board
The
duties of the President of the Board shall be as follows:
1. to preside
at all meetings;
2. to act
as chief fiscal officer of the district;
3. to
execute all documents on behalf of the Board;
4. to
appoint all standing and ad hoc committees;
5. to act as an ex-officio member of all
committees;
6. to call special meetings he/she
considers necessary or on request of one member of the Board;
7. to act as temporary chair of the annual
district meeting and special district meetings; and
8. to perform the usual and ordinary
duties of the office.
Duties
of the Vice-President
The
Vice-President shall be authorized to act for the President in case of the
President's absence or inability to act, within statutory limitations.
Ref: New
York State Constitution, Article 13 §2
Local
Finance Law §2.00(5)(e)
Education
Law §§1709; 2105(6); 2502; 2504; 2553; 2563; 2590-b
Adoption date: December 16, 1997
APPOINTED
BOARD OFFICIALS
District
Clerk
The
Board of Education shall annually appoint a District Clerk. Such appointment
shall continue until the next reorganizational meeting. The salary of the District Clerk shall also
be fixed annually at the reorganizational meeting. The District Clerk shall:
1. have working knowledge of the state
Education Law concerning the office of the District Clerk, such as the laws
governing procedures for annual district meetings and elections, candidates'
petitions and qualifications, teacher tenure hearings, etc.;
2. be a Notary Public;
3. verify and sign official documents;
4. maintain the voter registration list
and oversee the maintenance of the voter registration books;
5. conduct the annual district election,
budget votes, and special district referendum, including the library budget
vote;
6. notify the Town Clerk of the results of
all elections and school district votes;
7. give official notice to persons duly
elected or appointed to office;
8. take the oath of office of new trustees
of the Board as well as new trustees of the library Board;
9. prepare and coordinate items for the
Annual Reorganizational Meeting of the Board;
10. call the Annual District Meeting to
Order, call for nominations of a Chairman of the meeting, and, if nominated,
serve as Clerk of the meeting;
11. maintain all official records and papers
of the school district, including those that pertain to Annual District Meetings
and elections;
12. be the custodian of the records of the
school district for Freedom of Information Law purposes, and public access to
records;
13. complete and submit all reports required
by law to be made to any other body or person at the time or within the period
prescribed by law;
14. keep the policy manual of the Board and
add and distribute material to the Board and administration after Board action;
15. file all correspondence and records
relating to matters of the school district, involving the Board;
16. keep and file all information regarding
special committees of the Board;
17. act as a secretarial liaison between
Board, administration, town, and village governments, Chamber of Commerce,
library and residents of the school district;
18. prepare and arrange publication of legal
notices, including those concerning district business and meetings;
19. act as liaison to the Citizen Register
which he/she provides reporter with meeting notices and follows up on the Board
releases;
20. send an agenda of all Board meetings to
all Board members at least 24 hours before the date of each meeting;
2230
21. send the schedule of claims and the
District Treasurer's report to all Board members on the Friday before Regular
and Special meetings of the Board;
22. attend all public meetings of the Board
(Regular and Special) as well as public hearings of the Board and, when
requested:
a. handle
follow-up correspondence, and/or
b. transcribe
and distribute completed minutes;
23. make full and accurate minutes of all
public meetings of the Board (Regular and Special) as well as public hearings
of the Board;
24. transcribe Board minutes of executive
sessions as recorded by the Superintendent;
25. receive, copy, distribute, acknowledge,
follow-up and file all incoming correspondence and communications of Board
members and keep the administration and attorney appraised of correspondence
and communications by report;
26. handle all outgoing correspondence of the
Board President as well as the other members of the Board;
27. receive and answer telephone requests
from school Board members, administration, the school attorney, and the
community whenever necessary;
28. process registrations for Board members
attending various seminars and workshops, make travel arrangements for Board
members on Board-related trips, and process expense accounts;
29. process all purchase orders for supplies
and services relating to the Board;
30. prepare the expenses of the district
meetings, the District Clerk, and Board for the annual budget;
31. participate in the handling of bond sales
to ensure successful completion;
32. have a working relationship with school
district attorney;
33. receive subpoenas and claims against the
school district as well as process appeals to the Commissioner of Education
(see Policy 2270.1, Litigation Procedures.); and
34. perform any other work or duties
requested of him/her by the Board or the Superintendent.
District
Treasurer
The
Board of Education shall also annually appoint a District Treasurer who shall
be a qualified voter. Such District
Treasurer shall serve until the next Reorganizational Meeting, or until a
successor has been appointed. The Board
may dismiss the District Treasurer at any time without cause.
The
District Treasurer is responsible for performing a variety of duties in
connection with the financial management of the district. The position calls for the exercise of
mature judgment in carrying out an established routine. The District Treasurer must have:
1. good knowledge of fundamental
account-keeping procedures;
2. familiarity with district business
administration procedures and governmental budgetary procedures, regulations
and practices of the Department of Education;
2230
3. tact and courtesy;
4. thoroughness and dependability;
5. three years of clerical experience,
some of which shall have been involved with keeping or auditing accounts;
6. graduated from high school; and
7. the ability to operate elementary
business machines.
The
District Treasurer is under the general supervision of the Board which
formulates policy and supervises work by means of periodic reports. The two main functions of the District
Treasurer are:
1. custodian of all funds belonging to the
district; and
2. receiver and depositor officer.
The District
Treasurer shall perform such duties imposed upon the office by statute or law:
i.e., shall report, at least monthly, to the Board the state of all accounts;
give detailed accounts on monies received and disbursed; shall act as official
custodian of all district funds; receive all monies belonging to the district;
deposit monies received in banks designated by the Board; give a bond in such
sum as shall be required before entering on the duties of the office; pay out
district monies on written order of the Board; shall sign all checks, including
those for which facsimile signatures have been approved; and, shall perform
such other duties as may be assigned to the office by the Board. The District Treasurer shall file a bond for
the faithful performance of his/her duties, or be covered under a blanket
undertaking pursuant to policy 2210, V.
Other
Officials
The
Collector of Taxes shall be the Receiver of Taxes of Brookhaven Town, the
Receiver of Taxes of Islip Town and the Receiver of Taxes of Smithtown
Township.
The
Board may appoint, fix the term, and fix the compensation of such other
officials as may be necessary for its proper functioning.
Ref: Education
Law §§902; 2121; 2122; 2130
Adoption date: December 16, 1997
BOARD-SUPERINTENDENT
RELATIONSHIP
The
Board of Education believes that the development and adoption of policies is
the most important function of a School Board, and the execution of the
policies is the function of the Superintendent of Schools.
The
Board holds the Superintendent responsible for the administration of its
policies, the execution of Board decisions, the operation of the internal
machinery designed to serve the educational programs and for keeping the Board
informed about district operations and problems.
Adoption date: December 16, 1997
Revision date: September 21, 1999
BOARD
COMMITTEES
The
Board of Education may, from time to time, establish committees whose
membership will consist of members of the Board. The president of the Board and the Superintendent of Schools
shall serve as an ex-officio members of all committees to which they are not
appointed. The duties of Board
committees shall be outlined at the time of appointment. Board committees shall undertake studies and
make reports as charged by the Board, but shall not act on behalf of the
Board. The Board committee shall be
considered dissolved when the final report is made and acted upon by the Board.
The
Board may establish standing or ad hoc committees and reserves the right to
terminate any committees at any time.
Any
official policy-level action shall be in the sole discretion of the Board. The
Board is in no way obligated to follow committee recommendations. The Board has the right to accept, reject,
or modify all or any part of a committee recommendation.
Cross-ref: 2111.1, Board Members School Visits
2260,
Citizens Advisory Committees
Adoption date: December 16, 1997
2260
CITIZENS
ADVISORY COMMITTEES
The
Board of Education recognizes that it can beneficially utilize the talents,
resources, and interests available among district residents to assist in
developing the programs needed for the maintenance of a quality educational
program in the schools of the district.
To that end, the Board shall, at its discretion and in accordance with
state law and regulation, appoint Citizens Advisory Committees of
representative residents of the district to meet with the Board to provide
advice and reaction about, and review of important matters before the Board
which may have special significance for or impact on the community.
Each
citizens committee organized by the Board shall be appointed and discharged by
official Board resolutions. Resolutions
appointing such committees shall state specifically the scope of the work of
the committee.
Appointments
to Citizens Advisory Committees shall be on the basis of interest, experience,
expertise, and concern. No one shall be
appointed as a representative of a specific group or area, unless it is the
express purpose of the Board to have all areas of the community represented, in
which case the Board will, in its discretion, appoint representative members of
every such group or area. The Board
shall make every effort to form a committee that is representative of the
entire community.
Committees
shall report all suggestions and recommendations to the Board and
Superintendent of Schools prior to public release. Final reports shall be delivered to the Board at a meeting
scheduled by the Board to receive the report.
The
Board may accept, reject, or return committee recommendations for further
study. Any action stemming from
committee reports is the responsibility of the Board. Publicity, or the release of information, concerning committee
findings shall be the responsibility and the prerogative of the Board. Advisory committees shall be discontinued
upon completion of their assignment(s).
Ref: Education
Law §§4402; 4601
8 NYCRR
§135.3(2)
Cross-ref: 2250, Board Committees
4315.1,
AIDS Instruction
4321,
Programs for Students with Disabilities
6110,
Budget Planning
7800,
Closing of Facilities
Adoption date: December 16, 1997
SHARED DECISION-MAKING AND SCHOOL-BASED
PLANNING
The
Board of Education encourages the participation of the community in improving
education in our schools. In accordance
with the regulations of the Commissioner, the Board has adopted a plan for the
effective participation of parents, teachers, administrators and the Board in
shared decision-making at the building level.
This plan specifies:
1. the educational issues which will be
subject to decision sharing and cooperative planning at the school level;
2. the manner and extent of the expected
involvement of all parties;
3. the means and standards by which all
parties will evaluate improvement in student achievement;
4. the means by which all parties will be
held accountable for the decisions made;
5. the process whereby disputes will be
resolved at the local level; and
6. the manner in which all state and
federal requirements for the involvement of parents in planning and
decision-making will be coordinated with and met by the overall plan.
A copy
of the Plan for Participation by Teachers and Parents in School-Based Planning
and Shared Decision-Making shall be available at each school and at the central
district office; individual copies of the plan will be provided upon request.
Every
two years, the Board shall review the plan to determine its effectiveness and
to recertify or amend the plan, as needed.
Any amendment or recertification of the plan will be developed and
adopted in accordance with section 100.11 of the Regulations of the
Commissioner.
The
amended or recertified plan together with a statement of the plan's success in
achieving its objectives, shall be submitted to the Commissioner of Education
for approval no later than February 1st of each year in which biennial review
takes place. The first such review
shall have been submitted to the Commissioner no later than February 1, 1996.
Ref: 8
NYCRR §100.11
Adoption date: December 16, 1997
SCHOOL
ATTORNEY
The
Board of Education will appoint a School Attorney for the district at the annual reorganizational meeting. The Attorney must be admitted to the bar of
New York State. The Attorney will be
the legal advisor to the Board. In that
capacity, the Attorney’s duties will be:
1. to advise the Board with respect to all
legal matters relating to the district, including, but not limited to,
interpretation of the Education Law of the State of New York, and all other
statutes, rules or regulations affecting the district;
2. to be easily accessible to the Board
and the Superintendent of Schools (and, at the discretion of the
Superintendent, to his/her administrative staff), with respect to legal matters
issuing out of the day-to-day administration of the district;
3. to review and to represent the district
in the preparation of any and all contracts which the district may be obliged
to execute (other than purchase orders usually issued for the purchase of
goods, equipment and services);
4. to advise and assist in matters of
litigation pursuant to the retainer agreement;
5. to review the legality of all rules or
regulations to be adopted by the Board;
6. to review and advise with respect to
any process served upon the district;
7. to recommend the retainment of such
special counsel as he or she may deem necessary in the circumstances, subject
to the approval of the Board; and
8. in the event of a public employees’
strike, to apply to the New York State Supreme Court for an injunction against
such violation. In the event such
injunction or order does not receive compliance, he/she must apply to the Court
to punish such violation.
The
district, when seeking to retain a School Attorney, may first locate
prospective qualified lawyers/law firms by:
1. advertising in trade journals;
2. checking listings of lawyers/law firms;
or
3. making inquiries of other districts or
other appropriate sources.
The
district may then prepare a well-planned, written request for a proposal which
will contain critical details of the services sought and submit this request to
prospective applicants.
In
selecting a School Attorney, the district will consider the cost of a retainer
(or hourly fee), as well as such other factors as:
1. the special knowledge or expertise of
the lawyer/law firm;
2. the quality of the service provided by
the lawyer/law firm;
3. the staffing of the lawyer/law firm;
and
4. the lawyer’s/law firm’s suitability for
the district’s needs.
2270
The
district will maintain documentation of the written proposals submitted by
lawyer/law firm applicants for the position of School Attorney.
The
Board shall determine the amount of compensation for the School Attorney. In addition to the annual retainer (or
hourly fee), the Attorney shall be reasonably compensated for:
1. all services rendered in connection
with litigation and appeals to the Commissioner of Education, state or federal
courts, brought by or against the district, the Board or the Superintendent, in
addition to those rendered pursuant to the retainer agreement;
2. all services rendered in connection
with bond issues or similar financial transaction;
3. assistance in contract negotiations
with representatives of employees and in the drafting of negotiated contracts;
4. legal services with respect to any
grievances that may be filed by employees or their representatives;
5. tenure and related type hearings; and
6. such services as shall not be
reasonably included within the specified duties enumerated as attorney duties.
Cross-ref: 2270.1, Litigation Procedures
Adoption date: December 16, 1997
2270.1
LITIGATION
PROCEDURES
The
Board of Education recognizes the seriousness of legal allegations against the
school district and the importance of responding promptly to such
allegations. The Board further
acknowledges that it may be served legal documents including notice of claim
and summons and complaint documents either by personal delivery or mail
delivery.
The
Board notes that service may be made on any school officer, as defined by
Education Law §2, which includes the District Clerk, the District Treasurer,
any member of the Board, the District Superintendent of Schools, an Attendance
Officer, or any other elected or appointed officer of the district whose duties
generally relate to the administration of the district’s affairs.
If any
teacher is sued as a result of action taken by the teacher while acting in the
discharge of his/her duties within the scope of his/her employment, the
district shall provide legal aid and render all necessary assistance to the
teacher in his/her defense, within the limitations of New York State Law. The teacher shall notify the Superintendent
within five days after the action is brought against him/her. In the event action is submitted to the
Board concerning a teacher, the teacher shall be notified by the Superintendent
within 10 days.
The
Superintendent shall establish effective procedures to ensure that the district
responds within the time frames prescribed by law. The procedures developed,
when implemented, will help protect the
district from penalties for failure or refusal to acknowledge receipt of a
summons served either by mail or personal delivery.
Cross-ref: 2270, School Attorney
Ref: 22
NYCRR §130.1(b); 130.2
Education
Law §2 (13); 3813
Civil
Practice Law and Rules §311; 312(a); 318
Adoption date: December 16, 1997
REGULAR
MEETINGS
In
order to perform its duties in an open and public manner, and in accordance
with state law, the Board of Education shall hold regular business meetings
once a month.
Regular
meetings of the Board shall be held on the third Wednesday of each month at the
Samoset Middle School in the Board Room. The notice of the time, dates and place of
regular Board of Education meetings shall be given at the annual
reorganizational meeting. In the event
that the day appointed for a regular meeting falls on a legal holiday, the
meeting shall be rescheduled. All
regular Board meetings are open to the public, and meeting facilities shall
provide access to persons with disabilities.
In
addition to the members of the Board, the following individuals will regularly
attend the business meetings of the Board:
the Superintendent of Schools, the Assistant
Superintendents, and other specified personnel as deemed necessary.
Cross-ref: 2210, Board Reorganizational Meeting
Adoption date: December 16, 1997
Revision date: September 21, 1999
Revision date: July 2, 2008
SPECIAL
MEETINGS
In an
effort to anticipate and respond to special circumstances which may arise
during district operations, any member of the Board may call special and/or
emergency meetings of the Board. Notice of such meetings will be given at least
24 hours before the date of the meeting to every Board member. If less than a week in advance, public
notice of the meeting will be given to the extent practicable. Regular rules of procedure shall apply and
minutes shall be kept at all special meetings of the Board.
If, in
an emergency, a special meeting is held before the twenty-four hour notice can
be given, each member may be asked to sign a waiver of notice. A statement
regarding the time of notice and signature of such forms shall be entered in
the minutes.
Ref: Education
Law §§1606; 2504; 2563
Open
Meetings Law, Public Officers Law §§100 et seq.
Adoption date: December 16, 1997
EXECUTIVE
SESSIONS
The
Board of Education reserves the right, within the constraints of state law, to
meet in executive session at which only members of the Board and persons
invited shall be present. Such sessions
can be requested by any member of the Board or the Superintendent of
Schools.
A Board
member must make a motion during an open meeting to convene in executive
session. Upon a majority vote of its
members, the Board may convene in executive session at a place which the Board
President or said members may designate within the district to discuss the
subjects enumerated below. Matters
which may be considered in executive session are:
1. matters which will imperil the public
safety if disclosed;
2. any matter which may disclose the
identity of a law enforcement agent or informer;
3. information relating to current or
future investigation or prosecution of a criminal offense which would imperil
effective law enforcement if disclosed;
4. discussions regarding proposed, pending
or current litigation;
5. collective negotiations pursuant to
Article 14 of the Civil Service Law (the Taylor Law);
6. the preparation, grading or
administration of examinations;
7. the proposed acquisition, sale, or
lease of real property or the proposed acquisition of securities, or sale or
exchange of securities, but only when publicity would substantially affect the
value thereof; and
Matters
which may only be considered in
executive session are:
8. the medical, financial, credit or
employment history of a particular person or corporation, or matters leading to
the appointment, employment, promotion, demotion, discipline, suspension,
dismissal or removal of a particular person or corporation.
9. discussions concerning probable cause
to bring disciplinary charges against a tenured teacher; and
10. discussions concerning findings and/or
placement of students by the Committee on Special Education.
Formal
action or vote on matters enumerated in paragraph 9 above may only be taken by
the Board during an executive session.
No formal action or vote may be taken on any other matter. The Board shall reconvene in open session to
take final action on other matters discussed, and to adjourn the meeting.
Minutes
shall be taken at executive sessions of any action that is taken by formal vote
which shall consist of a record or summary of the final determination of such
action, and the date and vote thereon; provided, however, that such summary
need not include any matter that is not required to be made public pursuant to
the Freedom of Information Law. The
name of the person who called for the executive session will also appear in the
minutes of the public meeting. The
Board may permit
2330
staff and other persons whose presence is deemed
necessary or appropriate to attend an executive session or any part thereof.
Matters
discussed in executive sessions must be treated as confidential, that is, never
discussed outside of the executive session.
Cross-ref: 2160, School District Officer and Employee Code of Ethics
2330,
Executives Sessions
Ref: Education
Law §1708 (3)
Public
Officers Law §§100 et seq.
Formal
Opinion of Counsel to the State Education Department No. 239
Adoption date: December 16, 1997
NOTICE
OF MEETINGS
The
Board of Education believes that public notice of its activities is essential
to ongoing, proactive cooperation between the Board and the community it
serves.
To this
end, and in accordance with state law, notice of meetings shall be sent to all
members of the Board of Education, Superintendent of Schools, District
Treasurer, and to the newspapers of the district by press release. The time,
date and place of regular Board meetings is established at the Reorganizational
Meeting. If a meeting is scheduled at
least a week in advance, notice must be given to the public by posting in one
or more designated public places not less than 72 hours prior to the meeting.
When a
meeting is scheduled less than a week in advance the Board shall provide public
notice to the extent practicable. Said
notice shall be conspicuously posted in one or more designated public
locations.
Ref: Open
Meetings Law, Public Officers Law §§100 et seq.
Education
Law §§1606; 1708; 2504; 2563
Adoption date: December 16, 1997
CONSENT AGENDA
To make
more efficient use of meeting time, the Board of Education authorizes the use
of a consent agenda as part of its regular meeting agenda. The consent agenda will condense the routine
business of the Board (e.g., approving Board minutes, reviewing monthly
expenses) into either a single motion or several categorical motions such as
personnel, warrants, minutes.
The
consent agenda will be prepared by the Superintendent of Schools in consultation
with the President and/or the Vice President of the Board.
Individual
items on a consent agenda will not be discussed prior to action. However, if any Board member believes that
any item on the consent agenda requires discussion, that Board member may
request that the item be removed from
the consent agenda, and the item shall be removed. The removed item shall then move to the regular agenda. All items not removed will be moved,
seconded, and voted upon either in one motion or in several categorical motions
without discussion.
Adoption date: December 16, 1997
AGENDA
PREPARATION AND DISSEMINATION
The
agenda and preparation for meetings shall be the responsibility of the
Superintendent of Schools with the approval of the Board President. Board members, employees of the school
district, and citizens may suggest agenda items by contacting the
Superintendent. Individuals wishing to
be heard at a Board meeting shall advise the District Clerk in advance. The agenda, however, shall always allow for
recognition and comments by members of the public. Items of business introduced by the public will not be acted upon
at the same meeting.
A
complete set of materials for the regular meeting shall be sent to each Board
member, the Superintendent, the Deputy Superintendent, the Assistant
Superintendents, and others as required.
Advance dissemination of the agenda shall be the responsibility of the
Superintendent. The Superintendent
shall send all agenda material to the Board, at the latest, on the Thursday
before each regular meeting, and at least 24 hours prior to a special meeting.
Adoption date: December 16, 1997
BOARD
MEETING PROCEDURES
Each
Board of Education meeting shall be conducted in an orderly manner which
provides time for and encourages community involvement. The order of business at each regular
meeting shall be as follows:
1. Opening
of meeting
a. Call to
order
b. Salute to
flag
c. Moment of
silent meditation
d. Approval
of minutes
2. Recognition
of achievement
3. Comments
from visitors (agenda-related)
4. Business
items
a. Treasurer’s
report
b. Bid
awards
5. Personnel
items
6. Monthly
reports
7. Presentations/Discussion
items
8. Action
items
9. Closing
a. Comments
from visitors
b. Board
discussion of future agenda items
c. Announcement
of next meeting
10. Executive
Session
11. Adjournment
The regular order of business may be changed at any
meeting (and for that meeting only) by an affirmative vote of a majority and
voting for the proposed change in the regular order of business.
2350
Except in emergencies, the Board of Education shall not
attempt to decide upon any question under consideration before examining and
evaluating relevant information. The
Superintendent of Schools shall be given an opportunity to examine and to
evaluate all such information, and to recommend action before the Board
attempts to make a decision.
The Board may adjourn a regular or special meeting at any
place in the agenda providing that arrangements are made to complete the items
of business on the agenda at a future meeting.
After the final adjournment of a Board meeting, no business may be
conducted if some of the Board members have left. The minutes shall make notice of the adjournment, and the
reconvened session shall be considered an addition to these minutes.
Adoption date: December 16,
1997
Revision date: September 21,
1999
QUORUM
A simple majority of the total number of members of the
Board of Education shall constitute a quorum for the transaction of the
business of a regular meeting. Should
there be fewer than five members of the Board present at a regular meeting, a
time for the new meeting shall be set by the members present and such meeting
shall be deemed a regular meeting.
Notice of rescheduled meetings shall be given to absent members pursuant
to Policy 2340, Notice of Meetings.
Final action on any resolution shall be valid only by an
affirmative vote of the majority of the total membership of the Board.
Adoption date: December 16,
1997
RULES
OF ORDER
Robert's Rules of Order, Revised is the authority
for parliamentary procedure and shall govern all business procedures except
where in conflict with adopted Board of Education policy.
Adoption date: December 16,
1997
MINUTES
The Board of Education believes that open and accurate
communication regarding its internal operations enhances the district's public
relations program and provides a record of the district's progress towards its
annual goals.
Therefore, the Board will maintain a complete and
accurate set of minutes of each meeting.
Such minutes shall constitute the official record of proceedings of the
Board and shall be open to public inspection within one week of executive
sessions and within two weeks of all other meetings. Minutes which have not been approved by the Board within this
time frame shall be marked, "DRAFT."
A draft of the minutes of each meeting is to be forwarded to each member
of the Board not later than the time the agenda for the next meeting is
disseminated.
All motions, proposals, resolutions, and any other
matters formally voted upon by the Board shall be recorded in Board
minutes. In recording such votes, the
names of the Board members shall be called in alphabetical order, and the
record shall indicate the final vote of each Board member.
If a Board member is not present at the opening of a
meeting, the subsequent arrival time of such member shall be indicated in the
minutes.
Ref: Open
Meetings Law, Public Officers Law §§100 et seq.
Freedom of Information Law, Public Officers Law §§84 et
seq.
Education Law §2121
Adoption date: December 16,
1997
BROADCASTING
AND TAPING OF BOARD
MEETINGS
The use of any tape recording device at public meetings
of the Board of Education or committee appointed thereby is permissible as long
as the device is unobtrusive and will not distract from the true deliberative
process of the Board. The Board
President or chairperson of the committee shall be informed prior to the
meeting that such recordings are being made.
The Board and/or the committee reserves the right to
direct that a tape recording be made to ensure a reliable, accurate, and
complete account of Board meetings.
The Board permits the broadcasting of public meetings of
the Board or any of its committees as long as such broadcasting is done in a
manner which is unobtrusive and does not interfere with the deliberative
process of the body.
Cross-ref: 4321, Programs for Students with Disabilities
Ref: Open
Meetings Law, Public Officers Law §§100 et
seq.
Mitchell v. Board of Education of Garden City UFSD,
113 AD2d 924
(1985)
People v. Ystueta, 99 Misc 2d 1105(1979)
Adoption date: December 16,
1997
BOARD
HEARINGS
The Board of Education shall schedule public hearings in
accordance with the law and on occasions when it wishes to gather information
and seek opinions on important issues affecting the school district.
The time and place of the hearings shall be designated in
the notice of the hearing. All
interested persons or their representatives shall have an opportunity to
present facts, views, or arguments relative to ideas or proposals under
consideration.
At the beginning of each hearing, the Board may present
information on the topic of the hearing.
Speakers shall be required to give their name and address. Non-residents do not have the privilege of
speaking at public hearings except when permission is granted by the chair.
Speakers at public meetings, generally, will be limited
to three minutes for their presentation.
However, this time limit may be adjusted by the chair if the size of the
audience or the number of requests to speak is small and an increase in the
time would not unduly extend the length of the hearing. Any adjustment in time shall apply to all
speakers from the audience.
Any speaker who is out of order may be cautioned by the
chair. If such remarks or behavior
persists, the speaker's privilege to address the Board may be terminated.
Adoption date: December 16,
1997
FORMULATION,
ADOPTION AND AMENDMENT OF POLICIES
The Board of Education recognizes that the adoption of
written policies constitutes the basic method by which the Board exercises its
leadership in the operation of the district.
Policies may be proposed for adoption, change, or repeal at any regular
or special Board meeting, by any member of the school community. Policy proposals and suggested amendments to
or revisions of existing policies shall be submitted to all members of the
Board and to the Superintendent of Schools in writing prior to a regularly scheduled
Board meeting in which such proposed policies, amendments, or revisions shall
be read and discussed. The Board
delegates to the Superintendent the responsibility and authority to establish
any and all rules, regulations, and/or procedures necessary to implement and
maintain its policies.
Accordingly, the Superintendent is directed to initiate a
program of Board policy revision to include the following items:
1. periodic
review and evaluation of all current Board policy, pursuant to policy 2460,
Policy Review and Evaluation;
2. preparation
of additional policies as needed;
3. consultation
with district staff and community members on an advisory basis; and
4. presentation
of proposed policy in draft form to the Board for consideration prior to action.
Since policies often affect the students, employees
and/or citizens of the district, the Board shall make a continuing effort to
try to involve as many relevant groups as reasonable during policy
development. Development of all such
proposals for new or amended policies prior to their submission to the Board
for action shall include, to the fullest extent possible, deliberative
discussions with all persons to be affected, or their representatives. In addition, to assure these groups a
reasonable opportunity to advise the Board of their reactions to and feelings
about proposed policies, no official Board vote shall take place on a policy
adoption, change, or repeal at the meeting during which it is first presented
to the Board for consideration, unless a majority of the Board determines that
it is necessary to do otherwise. A vote
for adoption, change or repeal shall take place at the next succeeding regular
Board meeting.
To adopt, change, or repeal a policy requires a majority
vote of the entire Board.
Rules and regulations are subject to modification by
Board action at any meeting. The
initiative for change normally comes from the Superintendent.
To permit time for study of all new policies or
amendments to policies and to provide an opportunity for interested parties to
react, proposed policies or amendments may be presented as an agenda item to
the Board in the following sequence:
2410
1. Information
item - distribution with agenda (this may be an announcement that a policy is
being developed in a particular area and that interested persons may submit
suggestions)
2. Discussion
item - first reading of proposed a policy or policies; response from
Superintendent; report from any Board or advisory committee assigned
responsibility in the area; Board discussion and directions for any redrafting
3. Action
item - discussion, adoption, or rejection, four weeks following the initial
proposal
The formal adoption of policies shall be recorded in
Board minutes. Only those written
statements so adopted and so recorded shall be regarded as official Board
policy. Every Board and staff member
shall have access to the Board Policy Manual.
Cross-ref: 2460,
Policy Review and Evaluation
Ref: Education
Law §§1604(a); 1709(1); 1804
Adoption date: December 16,
1997
SUSPENSION
OF POLICIES
Policies and Board of Education-adopted regulations,
except for those required by law or contract, shall be subject to suspension
for a specified purpose and limited time by a majority vote of all members of the
Board of Education at a meeting in which the call for the proposed suspension
has been described in writing, or upon a two-thirds vote of all members of the
Board when no such written notice has been given.
Adoption date: December 16,
1997
ADMINISTRATION
IN POLICY ABSENCE
In cases in which action must be taken where the Board of
Education has provided no guidelines for administrative action, the
Superintendent of Schools shall have the power to act, but his/her decisions
shall be subject to review by the Board at its regular meeting. It shall be the duty of the Superintendent
to inform the Board promptly of such action and of the need for policy.
Adoption date: December 16,
1997
POLICY
DISSEMINATION
The Board of Education recognizes the need for widespread
familiarity with district policies and regulations, and therefore directs the
Superintendent of Schools to implement the following:
1. maintain
an updated policy manual that includes appropriate administrative regulations
and takes precedence over all previous manuals;
2. issue to
each Board member, for the duration of his/her term, a complete and updated
policy manual in an appropriate binder;
3. ensure
that personnel are familiar with Board policies and administrative regulations
which affect them, directly or indirectly;
4. disseminate
Board policies and manuals to all concerned, as he/she deems appropriate and/or
necessary; and
5. place a
copy of the Board policy manual in the school libraries, district offices, the
public library and other central locations to ensure that district policies are
available to the public.
Adoption date: December 16,
1997
POLICY
REVIEW AND EVALUATION
The Board of Education will evaluate the effect of its
policies and the manner in which they have been implemented by the
administration. In such evaluation, the
Board may call upon staff, students and community participation.
The Board directs the Superintendent of Schools to bring
to its attention any policy areas in need of revision or new development. The Board shall review the entire manual at
least once every three years to ensure that the manual is up-to-date. The Board shall note those policies which
must be reviewed even more frequently (e.g., student conduct and discipline, investments
and purchasing, which must be reviewed annually).
As new policies or current policies are amended or
revised, the District Clerk will submit these to each Board member for
inclusion in their policy manual. At the Annual Reorganizational Meeting, each
Board member shall be provided with an up-to-date copy for use during the
following year.
Board policy may be revised as outlined in Policy 2410,
Formulation, Adoption and Amendment of Policy.
Cross-ref: 2410,
Formulation, Adoption and Amendment of Policies
Ref: General
Municipal Law, §§39; 104-b
8 NYCRR §100.2(1)(2)
Adoption date: December 16,
1997
NEW
BOARD MEMBER ORIENTATION
Following public election or temporary Board of Education
appointment of new members of the Board, the Board will provide a full program
of notification, orientation and formal reception for the newly elected Board
member(s) which are designed to make the transition into public office both
comfortably and efficiently.
Notification
No later than the day following the official announcement
of the results of a vote of a Board election or following the temporary
appointment to a position of the Board, the newly elected or appointed Board
member(s) shall be notified by a formal letter of announcement dispatched from
the office of the Superintendent of Schools.
The letter shall include the good wishes of the
Superintendent and the Board, the official results of the election (if
elected), and information related to the expectations of the new Board
member(s) regarding when and in what manner he/she is to assume his/her new
office.
News releases shall be prepared or the news of the new
Board member shall otherwise be promulgated to the news media.
Orientation
The Board and the Administrative staff shall assist each
new Board member-elect to become familiar with and to understand the Board's
functions, policies and procedures, and the school district's operation before
taking office. Each Board member-elect
shall, as soon as possible,
1. be given
a full library of meaningful printed material which will acquaint him/her with
his/her duties and responsibilities and which cover the function of the Board
and the school district, including (a) policy manual, (b) copies of key reports
prepared during the previous year by school Board committees and/or the
administration, (c) the School Law
Handbook prepared by the New York State School Boards Association, (d)
access to minutes of Board meetings of the previous year, (e) latest financial
report of the district, school budget workbook, purchasing code booklet and
explanations, (f) all agendas, minutes, memoranda and correspondence that are
received by Board members, (g) employee contracts, (h) copies of pertinent
materials developed by the New York State School Boards Association, (i) a copy
of the Sunshine Laws, and (j) any
other materials which may be deemed helpful and informative;
2. be
invited to attend all Board meetings and functions, excluding executive
sessions, as a non-participating member until he/she is duly sworn into office;
2510
3. be
invited to meet with the Superintendent of Schools, be conducted on a tour of
all district buildings and be introduced to and meet with the administrative
and supervisory personnel to discuss the services that they perform for the
school board and the school district.
The new Board member shall be accompanied by another Board member if
possible; and 4.be invited and encouraged to attend the New York State School
Boards Association's workshop for New School Board Members.
Formal
Reception
The newly elected or appointed Board member will be
administered the oath of office in accordance with policy 2122.
Cross-ref: 2122,
Board Member Oath of Office
Adoption date: December 16,
1997
BOARD MEMBER TRAINING
Members of the Board of Education elected or appointed for a term beginning on or after July 1, 2005 shall, within the first year of their term, complete a minimum of six hours of training on the fiscal oversight, accountability and fiduciary responsibilities of a school board member. Such training shall be provided by the New York State Education Department, the Office of the State Comptroller or any other provider approved by the Commissioner of Education and may be offered as part of a general course of training for the purpose of educating Board members on their powers, functions and duties.
Notwithstanding the foregoing, a board member shall be deemed to have met the training requirements set forth herein and will not be required to complete them if he or she submits to the State Education Department sufficient documentation which demonstrates that he or she has completed a training program which is substantially equivalent to an approved curriculum by an approved provider during the period July 1, 2004 through January 1, 2006. The State Education Department's approval of the documentation submitted by the board member shall effect compliance with the training requirement set forth in this Policy.
Each member shall demonstrate compliance with the training requirements by filing with the District Clerk a copy of his or her certificate of completion of such course issued by the provider or written approval issued by the State Education Department.
Actual and necessary expenses incurred in complying with this requirement shall be a charge against the school district.
Upon satisfaction of the training and certification requirements of this Policy, a board member shall have completed his or her obligations hereunder and shall not be required to repeat this training.
Cross-Ref: 2510, New Board Member Orientation
2521, School Board Conferences, Conventions and Workshops
Ref: Education Law §2102-a
8 NYCRR § 170.12
Adoption Date: March 14, 2006
MEMBERSHIP
IN SCHOOL BOARDS ASSOCIATIONS
The Board of Education shall maintain memberships in the
Nassau-Suffolk School Boards Association, the New York State School Boards Association,
and other organizations established for Boards of Education.
Board members should take the responsibility to attend
association meetings for the purpose of Board development and gathering new
information.
Ref: Education
Law §1618
General Municipal Law §77b
Adoption date: December 16,
1997
BOARD-STAFF
COMMUNICATIONS
The success of any school system requires effective
communication between the Board of Education and school staff. Such communication is necessary for
facilitating proposals for the continuing improvement of the educational
program and for the proper disposition of personnel problems which may arise.
The main goal of both the Board and the staff is to
provide the best possible educational opportunities for the entire
community. To achieve this end, good
Board-staff relations must be maintained in a climate of mutual trust and
respect. At the same time, the Board in
exercising its public trust to provide thorough and efficient public education,
cannot dissipate or transfer its responsibilities.
In accordance with good personnel practice, staff
participation in the development of educational and personnel policies will be
encouraged and facilitated. The
Superintendent of Schools, as professional leader of the staff and the chief
executive of the Board, will develop appropriate methods to keep staff fully
informed of the Board's problems, concerns and actions, and for staff to
communicate information related to district operations.
All communications and reports to the Board from staff
members and staff organizations will be submitted to the Board through the
Superintendent. All official
communications, policies, and directives of staff interest and concern will be
communicated to staff members through the Superintendent. However, this will not be construed as
denying the right of any staff member to appeal any action or decision of the
Superintendent to the Board.
All effective means of facilitating channels of
communication between the Board and staff will be explored in order to promote
close and cooperative action for the continuing improvement of the educational
program and the mutual benefit of the school system and the community.
Adoption date: December 16,
1997