TABLE OF CONTENTS
Article I – Preamble
Article II – Members
and Officers of the Board
Article III – Meetings
of the Board
Article IV –
Contracts and Fiscal Matters
Article V –
Administrative Officers
Article VI –
Personnel
Article VII –
Policies
A-1 – School System
Legal Status
A-2 -- School Board Legal
Status
A-3 -- School
Superintendent Legal Status
A-4 -- School System
Organization Plan
A-5 -- School Year
A-6 -- School Calendar
A-7 -- School Day
B-2 – Powers and
Duties of Board Members
B-3 – New Member Orientation
B-4 –
Board-Superintendent Relations
B-5 – Board Attorney
B-6 – Consultants
B-7 – Board Meetings
B-8 – Order of
Business
B-9 – Voting Method
B-10 – Board Minutes
B-11 – Public
Participation
B-12 – Policy
Development
B-13 – Members in School
Board Associations
C-1
– Line and Staff Relations
C-2 – Superintendent
C-3 – Administrative Rules
C-4 – Administration in Absence
of Policy
C-5 – Administrative Records
C-6 – Administrative Reports
C-7 -- Parents Right to Know
Procedures
C-8 – Parents Right to Know Form
C-9 – Parental Notification for
Limited English Proficient
C-10 – Parental Involvement
Policy
C-11 – Parental Involvement
Procedures
C-12 – School’s Parental
Involvement Requirements
C-13 – Neglected and Delinquent
C-14 – Education of Migrants
Students
(Continued)
SECTION C – GENERAL SCHOOL ADMINISTRATION – (Continued)
C-15 – School Choice
C-16 – Budget Development
C-17 – Access to Education
C-18 – Policy of Equivalence
C-19 – Health Education
C-20 – Education for Homeless
Children and Youth (McKinney Act) Program
D-1
– Annual Operating Budget
D-2 – Classroom Instructional
Support Funds
D-3 – Monthly Financial Reconciliation
D-4 -- Budget Amendments
D-5 – Short Term Notes
D-6 – Investment Earnings
D-7 – Depository of Funds
D-8 – Bonded Employees
D-9 – Accounting and Reporting
D-10 – Audits
D-11 – Inventories
D-12 – Expenditure of Funds
D-13 – Payroll
D-14 – Fair Labor Standards Act
Requirements
D-15 – Expense Reimbursement
D-16 – Purchasing
D-17 – Contracts with
Individuals or Agencies
D-18 – Expenditure of Public
Funds for Recognition
D-19 – Sales Calls and
Demonstrations
D-20 – Local School Finances
D-21 – Fund Raising Activities
D-22 – Cash in School Buildings
D-23 – School Properties
Disposal
E-1
– Building and Grounds
E-2 – Energy Management
Conservation
E-3 – Maintenance Program
E-4 – Emergency Drills
E-5 – Emergency Closings
E-6 – Safety Inspections
E-7 – Security
E-8 – Trespassing and Vandalism
E-9 – Transportation Liability
Insurance
E-10 – Bus Safety
E-11 – Use of Board Vehicles and
Equipment
E-12 – Transporting Students
(Policy Pending)
E-13 – Child Nutrition Program
E-14
– Risk Management
E-15 – Liability Insurance
(Continued)
F-1 – Long Range Planning
F-2 – Alterations or Additions
F-3
– Naming of Facilities
G-1
– Equal Opportunity Employment
G-2 -- In-Service Education
G-3 – Employee Grievances
G-4 – Disabilities
G-5 – Staff Protection
G-6 – Sexual Harassment
G-7 – Conflict of Interest
G-8 – Personnel Records
G-9 – Summer Addresses
G-10 – Political Activity
G-11 – Firearms and Other
Weapons
G-12 – Drug-Free Workplace
G-13 – Working Conditions
G-14 – Salary Schedules
G-15 – Positions
G-16 – Certification
G-17 – Employment
G-18 – Teacher Contracts
G-19 – Evaluation
G-20
– Suspension of Personnel
G-21 – Staff Reduction
G-22 – Health Examinations
G-23 – Communicable Diseases
G-24 – Work Schedule
G-25 – Professional Leave
G-26 – Personal Leave
G-27 – Leave of Absence
G-28 – Sick Leave
G-29 – Sick Leave Bank
G-30 – Catastrophic Sick Leave
G-31 – Work Related Injury
G-32 – Maternity Leave
G-33 – Family and Medical Leave
G-34 – Legal Service Absences
G-35 – Military leave
G-36 – Substitute Teachers
G-37 – Vacation Leave
G-38 – Graduate School
Attendance
G-39 – Collection of Money
G-40 – Resignation
G-41 – Retirement
G-42 – Employee Internet/E-mail
Acceptable Use Policy
(Continued)
I-1
– Curriculum Design
I-2 – Sex Education
I-3 – Drug Education
I-4 – Summer Session
I-5 – Non-Accredited or Home
Schools
I-6 -- Live Work-Vocational Programs
I-7 – Special Education
I-8 – Textbook Adoption
I-9 – Textbook Inventory Control
I-10 – Computer-Assisted
Instruction
I-11 – Use of the Internet
I-12 – Field Trips
I-13 – Grading and Standardizing
Schools
I-14 – Graduation Requirements
I-15 – Dual Enrollment
I-16 – Evaluation of
Instructional Program
I-17 – Controversial Issues
I-18 – Religious Beliefs,
Customs and Holidays
I-19 – School Ceremonies and Observances
I-20 – School Assemblies and
Special Events
J-1 – Equal Educational
Opportunities
J-2 – Attendance
J-3 – Entrance Age
J-4 – Transfer Students
J-5 – Residence Requirements
J-6 – Searches
J-7 – Smoking/Use of Tobacco
J-8 -- Alcohol/Drug Use
J-9 – Deadly Weapons
J-10 – Complaints and Grievances
J-11 – Sexual Harassment
J-12 -- Student Conduct
J-13 – Corporal Punishment
J-14 – Suspension and Expulsion
of Disabled Pupils
J-15 – Bus Conduct
J-16 – Student Welfare
J-17 – Student Accident
Insurance
J-18 – Student Health Services
J-19 – Acquired Immunodeficiency
Syndrome
J-20 – Accidents
J-21 – Eligibility Requirements
J-22 – Cheerleading
J-23 – Student Records
J-24 – Visits From Law Enforcement
Agencies
J-25 – Cell Phones
J-26 – Student Dress Code
(Continued)
K-1
– Public Information Program
K-2 –
Interviews with Students
K-3 – Use
or Rental of School Facilities
K-4 – Smoking
and Tobacco Usage on School Properties
K-5 –
Parties and Socials
K- 6 –
Public Gifts at Schools
K-7 –
School Visitors
K-8 –
Public Complaints
L-1 – School-Community
Interaction
L-2 – Local Government Relations
L-3 – School-Community
Organizations Relations
M-1 – Education Research
M-2 – Student Teaching and
Internships
SECTION
1: Legal Provisions of the
Board
The
Code of Alabama includes several laws which describe the responsibility and
authority of Boards of Education.
The general administration and supervision of the public schools and the
educational interests of each city shall be vested in a City Board of
Education.
16-11-9 Powers Generally
The City Board of Education is hereby vested
with all powers necessary or proper for the administration and management of the
free public schools within such city and adjacent territory to the City Board
of Education.
16-11-11
School Property Vested in
Board
All
property real, personal and mixed now held or hereafter acquired for school
purposes shall be held in trust by the City Board of Education for the use of
the public schools of the city.
16-11-18
Educational Policy for
City Board of Education
The
City Board of Education shall, upon the written recommendation of the
city Superintendent of
education, determine and establish a written educational policy for the city
and shall prescribe rules and regulations for the conduct and management of the
schools. Before adopting written
policies, the Board shall directly, or indirectly through the Superintendent,
consult with the professional organization representing the majority of the
certified employees and in addition shall also consult with professional
assistants, principals, teachers, and interested citizens. The City Board must establish such
policies and adopt such rules and regulations and file them with the State
Superintendent of Education. Such
written policies, rules and regulation so established, adopted or promulgated
shall be made available to all teachers employed by the City Board. Any subsequent amendments to such
policies, rules and regulations shall be developed in the same manner, filed
with the State Superintendent and furnished to the teachers employed by the
local board within twenty (20) days after adoption thereof.
(Continued)
SECTION 2: Purposes of By-Laws
The Opelika City Board of Education believes
that it is for the best interest of education in the Opelika City School System
to provide for continuity of action and the orderly transaction of
business. To accomplish this, it
has adopted these by-laws which set forth general procedures and policies of
the Board and for the operation of the schools.
SECTION 3: Conflicts With Law
Wherever
in these by-laws or policies there is, or by future legislation there may be
created, a conflict with the laws of the State of Alabama, that part of these
by-laws or policies shall be void and of no force and effect.
The
responsibility and authority to establish policies for the administration and
management of the public schools in the City of Opelika is vested in the
Opelika City Board of Education.
The Board shall act as a legislative body in the determination of policies
for the control, operation, maintenance, and improvement of the school system.
On
certain occasions the Board shall serve as a judicial body to hear complaints
and appeals of administrative decisions from employees, pupils and/or
patrons. Individual members have
status as Board members only during regular or called meetings or when
specifically entrusted through Board action to carry definite assignments.
The
Board shall appoint as its executive officer a superintendent of schools, who
is also the secretary of the Board of Education.
The
Board shall be composed of five members, who shall be appointed to five (5)
year terms by the Opelika City Council and the term of one member shall expire
annually.
In
the event a vacancy occurs in the membership of the Board the fact shall be
reported to the Opelika City Council by said Board, and the City Council shall appoint
a person to fill such vacancy for the unexpired term.
The
Board shall elect, at its regular meeting in May, one (1) of its members to
serve as President and one (1) to serve as Vice-President for a term of one (1)
year and each shall serve until a successor has been duly elected and has
qualified. These officers take
office on July 1, following their election in May. The President shall preside at all
meetings of the Board and shall call special meetings when required. The President shall sign, with the
Superintendent, the minutes and other official documents which require the
signature of Board President. The
President shall perform other duties prescribed by law or by these
by-laws. In the absence of the
President or in the event of the President’s death, or inability or
failure to act, the Vice-President shall perform the duties of the President
and, when so acting, shall have all the powers of the President. If the President and Vice-President are
absent from a meeting at which a quorum is present, the ranking member present
in terms of continuous service on the Board shall preside.
The Superintendent
shall serve as secretary to the Board.
The
Chief School Finance Officer is designated by the Board as treasurer and
custodian of all monies that accrue to the Board. The Chief Financial Officer shall
receive and hold all Board monies and shall pay out Board funds only on the
written order of the Superintendent.
The Chief Financial Officer shall keep financial records as shall be
required by the State Department of Education.
The
Superintendent and Chief Financial Officer will give bond in an amount to be
fixed by the State Superintendent of Education through a reputable surety
company authorized to do business in the state of Alabama.
Regular
meetings of the Board shall be held monthly at a time and date determined by
the Board of Education. Local media
representatives will be notified of the established date and any changes of the
date of regular meetings.
Such monthly meetings
shall be open to the public and at these meetings the Board shall transact such
business as shall be properly brought before it. An agenda shall be prepared by the
Superintendent with the advice of the President and distributed to all Board
members prior to the date of the meeting.
A
request to be considered for a place on the agenda shall be filed in writing with
the Superintendent or the President at least five (5) days prior to the date of
the scheduled meeting.
All
delegations or individuals who wish to appear before the Board will submit
their requests to the Superintendent at least five (5) business days prior to
the meeting date. Such requests
will specify the nature of the business to be taken up with the Board, the
names of those who wish to address the board, and approximate time the matter
will take. Each delegation which
appears before the Board will select one (1) of its members as a spokesman and
provide his/her name to the Superintendent. The spokesman will adhere to time
allotments as specified by the Board President.
The
Board will vest in the President or presiding officer of the Board full
authority to terminate the remarks of any person when such remarks have as
their objective a personal attack on any person associated with the Opelika
City Schools.
If
a quorum is not present at a meeting, the meeting shall be adjourned and
reconvened on an acceptable date.
SECTION 2: Special Meetings
Special
meetings of the Board of Education for any purpose or purposes may be called by
the Superintendent on his/her own initiative or by the request of any two (2)
members of the Board. A notice of
the time and the purpose for which the meeting is called shall be given each
member, at least two (2) days in advance of such meeting.
Only
business dealing with the purpose or purposes for which the special meeting was
called can be transacted unless otherwise unanimously agreed upon by the
members present.
Article
III
(Continued)
SECTION 3: Executive Sessions of the Board
The
presiding officer may, during the course of a meeting, call the Board into
executive session. Such executive
sessions shall be used only when the character or good name of a person is
involved. No official action can be
taken by the Board in executive session.
A
majority of the Board shall constitute a quorum for the transaction of
business. An official act of the
Board of Education shall require a majority vote of the total membership.
SECTION 5: Proxies
There
shall be no representation by the proxy of any member of the Board of Education
at any time.
SECTION 6: Order of Business
In
matters of procedures not covered by law or these by-laws, Robert’s Rules
of Order, revised will govern.
Following shall be the order of business at meetings, unless otherwise
elected by the Board:
1.
Call to
order
2.
Invocation
3.
Recognitions
4.
Approval
of minutes from previous meeting
5.
Action
and Informational agenda items
6.
Superintendents
report
7.
Adjournment
SECTION 7: Compensation
Members
of the Opelika City Board of Education serve without compensation.
Article III
(Continued)
SECTION 8: Minutes of Board Meetings
Complete
and accurate minutes of each Board meeting will be kept by the Superintendent or
a person designated by the Superintendent.
A copy of the minutes will be sent to each member with the official
agenda of the next month’s meeting
prior to the date of the meeting.
After approval by the Board, the minutes will be copied in an official
record book, signed by the President and the Superintendent, and will be open
to public inspection.
SECTION 9: Committees
The
Board shall have no standing committees.
Ad hoc committees may be created by the Board for specific
assignments. When so created, such
committees shall be appointed by the President and shall terminate upon
completion of their assignments or may be terminated at any time by a majority
vote of the Board.
SECTION 1: Contracts
All contracts of the Board, unless specified
otherwise by law, will be signed by the President and/or the Superintendent and
shall be limited as prescribed by law.
SECTION 2: Notes
All notes or other evidence of indebtedness of the Board, unless specified otherwise by the law, will be signed by the President and the Superintendent and shall be limited as prescribed by law.
SECTION 3: Checks and Drafts
All checks, drafts, or other orders for payments or money issued by the Board will be signed by the Superintendent or the Treasurer of the Opelika City Board of Education.
SECTION 4: Deposits
All
funds of the Board will be deposited to the credit of the Board in the
depositories authorized by the Board of Education. All investments of Board funds will be
made through securing competitive quotes from all financial institutions in the
City of Opelika. All investments
must be secured by the institution awarded the invested funds.
SECTION 1: The Superintendent
The
Superintendent shall be appointed by the Board as provided by law and shall
serve as executive officer of the Board and perform all the duties that are prescribed
by law and such other duties, not inconsistent thereto, as the Board may
direct.
The
duties of the Superintendent as identified in the Code of Alabama are:
16-12-3
Duties generally
16-12-4 Establishment and
Maintenance of Schools
The
City Superintendent of schools shall recommend for approval and adoption by the
City Board of Education the kind, grade and location of schools to be
established and maintained.
(Continued)
16-12-4
Recommendations of Educational Policy and
Rules and Regulations
The
City Superintendent of schools, subject to the provisions of this title, shall
recommend for
approval and adoption by the City Board of Education policies adapted to
promote the educational interests of the city, and rules and regulations for
the conduct of the schools.
16-12-11
Visitation of City Schools by the
Superintendent
The
City Superintendent of schools shall visit the school, observe the
management and
instruction and give suggestions for the improvement of the same. He shall advise with principals and
teachers and shall endeavor in every way to promote public interest and improve
educational conditions.
16-12-16
Nomination, Removal, etc. of Teachers,
Employees, etc.
The
City Superintendent of schools shall nominate in writing for appointment
by the City Board of
Education all principals, teachers, supervisors, and all other employees of the
Board and shall assign to them their positions, transfer them as the needs of
the schools require, recommend them for promotion, suspend them for cause and
recommend them for dismissal, subject to the provisions of Chapter 24 of the
Alabama Code.
All
persons so nominated for teaching and supervising positions shall hold
certificates issued by the State Board of Education.
The
Superintendent shall have the authority and the responsibility for the
development of course guides, handbooks, reports, or other publications which
are required for the official purposes of the Board of Education and the
administration of the school system.
The
Superintendent may appoint committees to do research, to develop plans, to write course guides, to recommend textbooks,
to evaluate services and insurance programs, and to perform other
functions. These committees shall
serve in an advisory capacity.
The
Superintendent shall have authority to delegate administrative and supervisory
duties and functions to assistants, directors, principals, and other
administrative personnel.
(Continued)
There
shall be a principal assigned to administer each school. The principal shall perform
administrative, instructional and other duties and services which are delegated
by the Superintendent. All
principals in the Opelika City Schools will hold twelve (12) month contracts.
SECTION 1: Positions
The
Opelika City Board of Education, on the recommendation of the Superintendent,
shall classify and authorize the positions for personnel which are necessary
for the operation of the Opelika City Schools. The Board of Education will also, upon
the recommendation of the Superintendent, approve a salary schedule for all
teaching and administrative positions during each fiscal year.
SECTION 1: Adoption
The
statement of Policies in the minutes of the Opelika Board of Education held in
(to be dated with the entire passage of the policy manual) is hereby adopted
and made a part of these by-laws.
These
by-laws and policies referred to in Section 1 herein may be altered, amended,
or repealed, and new by-laws or policies may be adopted in the following
manner:
A
proposed alteration, amendment, repeal or new by-law or policy must be
submitted in writing to the Board of Education at a regular monthly meeting for
initial consideration and discussion at least one (1) month before official
action is taken by the board. This
allotment of time allows the alternation, amendment, or new proposal to be
discussed with teacher representatives as called for by the Meet and Confer
Legislation of the Alabama Code. In
order for any proposed alteration, amendment, repeal, new by-law, or policy to
become effective, it must receive the affirmative vote of a majority of the
Board members. No such alteration,
amendment, repeal, new by-law, or policy shall be retroactive but shall become
operative at the time such affirmative vote is made or at such time in the
future as the Board may designate.
A-2 SCHOOL BOARD LEGAL
STATUS
A-3 SCHOOL SUPERINTENDENT
LEGAL STATUS
A-4 SCHOOL SYSTEM
ORGANIZATION PLAN
A-5 SCHOOL YEAR
A-7 SCHOOL DAY
FILE:
A-1
management of the
Board of Education, a body duly authorized by the State
legislature. The school district is subject to legislative
action and acts as an agent of
the State.
The
Board shall operate the district in accordance with constitutional and
statutory
provisions. Responsibility for
interpreting these provisions shall rest with
the Superintendent
except where formal interpretations of such provisions have
been made by courts
or another constitutional authority.
As
members of a government or body created by the state, Board Members are
officers of the state, but they have local jurisdiction. The Board is the agency
through which the
city acts in regard to school matters.
Board Members have
authority only when
functioning as a “body” or “group” in legally called
regular or
special
meetings. The Powers of the Board
are delegated only to the Board as a
“body.” No Authority is granted to members
acting as individuals.
ADOPTED: May 11, 2004
LEGAL REF: Code of Alabama 16-11-2; Alabama Constitution, 1901, Sec. 256,
Amend. 111
FILE: A-2
The
Opelika City Board of Education shall be composed of five members
appointed by the City
Council who shall be residents of the city and who shall not
be members of the
City Council or County Commission.
Members must meet the minimum requirements as specified by Alabama
Law. No member shall be appointed
to this Board who is subject to the authority of the Board. Members of the Board shall serve without
compensation.
Powers
of the Board are delegated to it as a body: therefore, no authority is
granted to members as
individuals. The Board, as a body,
has the authority to act
as a free and
independent agency of the City of Opelika.
The Board is vested with
all powers necessary
or proper for the administration and management of the
free public schools
within the city and adjacent territory which has been annexed as
a part of the school
district.
The
terms of office are five (5) years, with term of one (1) member expiring
annually. Members shall assume office at the next
regular meeting of the Board in
June following their
appointment. A member shall serve
on the Board until his/her
successor assumes
office.
In
the event a vacancy occurs in the membership of the Board the fact shall
be reported to the
Opelika City Council by said Board, and the City Council shall
appoint a person to
fill such vacancy for the un-expired term.
ADOPTED: May 11, 2004
LEGAL REF: Code of Alabama 16-11-2; 16-11-3
FILE: A-3
The
Superintendent of the Opelika City School System is a constitutional
officer as provided
in the Constitution and laws of the State of Alabama. As such,
he/she has certain
authorities and functions which are provided by law.
The
Superintendent shall be appointed by the Board for a term of from two
to four years from
the first day of July next succeeding his/her appointment. The
Board shall have the
authority to set the above contract of employment and set the compensation and
fringe benefits which are applicable to the Superintendent.
The
Superintendent shall be the chief executive officer and secretary of the
Board. He/she shall be responsible to the Board
for the efficient administration of
the schools according
to state law and policies of the Board.
The
Superintendent shall explain the true intent and meaning of the school
laws, and of the
rules and regulations of the Board and of the State Board of
Education, subject to
the provisions of the law.
The
Superintendent shall decide, without expense to the parties concerned,
all controversies and
disputes involving the rules and regulations of the Board and
the proper
administration of the public schools.
As
secretary of the Board, the Superintendent shall conduct all
correspondence of the
Board, keep and preserve all of the Board’s records, receive
all reports required
by the Board, and see that such reports are in proper form,
complete and
accurate. The Superintendent shall
attend all Board meetings and
shall have the right
to advise on any motion under consideration, but shall not have
a vote. He/she shall keep, or cause to be kept,
an accurate copy of all minutes in an
official minute book
reflecting all business of the Board conducted at regular or
special
meetings. In case the secretary is
absent, the Board shall appoint some
member of the Board
or an employee under the jurisdiction of said Board to act
for the time
being. As secretary of the Board,
the Superintendent shall see that
that copies of all
minutes are provided to all Board members and that the official
Board minutes are
made available for public examination in accordance with State
law.
The
Superintendent shall give bond in an amount fixed by the State Superintendent
of Education.
ADOPTED: May 11, 2004
LEGAL REF: Code of Alabama 16-12-1, 16-12-3, 16-11-7, 11-2-1,
1-2-3, 36-5-1
FILE: A-4
The
instructional levels and school grade structure are divided into four
levels: Primary Schools
(kindergarten through second grade), Intermediate Schools (third through fifth
grade), Middle School (sixth through eighth grade and High School (ninth
through twelfth grade). The school
system will also operate an alternative school which will include all grades as
needed.
Exceptions to this grade structure may be made
from time to time to accommodate the educational or building construction goals
of the school district.
The
Superintendent shall recommend the kind, grade and location of schools to be
established and maintained within the Opelika City Schools.
ADOPTED: May 11, 2004
LEGAL REF: Code
of Alabama,
16-1120, 16-11-23; Shores v. Elmore
County Board of Education, 3 So. 2d 14 (1941)
The
school year shall meet the minimum standards set forth in The Code
of Alabama and in State Board of Education rules and
regulations. The Scholastic
school year shall
consist of a minimum of 180 instructional days of not less than
six (6) hours (360
minutes) instructional time per day.
Unscheduled visitors, unapproved extra-curricular activities or
fund-raising activities shall not interrupt
this instructional
time.
The
length of the calendar for certified personnel will include additional
days for orientation,
pre-school and post-school activities and in-service education. The number of instructional days will be
determined annually by the Board.
ADOPTED: May 11, 2004
REVISED:
March 20, 2007
LEGAL REF: Code of Alabama 16-1-1
FILE:
A-6
The Superintendent shall prepare, or cause to
be prepared, a yearly calendar
for the school
system. Parents, teachers, and
principals shall have an opportunity to
participate in the
planning of this calendar. The
calendar shall be reviewed and
subject to approval
by the Board not later than the regular April Board meeting.
The
calendar shall include the dates of the beginning and ending of the
school term, the
number of days to be taught and dates of all holidays for students
and staff. The length of the calendar for certified
personnel will include additional
days for orientation,
pre-school and post-school activities and in-service education.
The Board has
discretionary power to identify holidays in the school calendar to be
observed during each
school year, except those holidays specified and required by
law.
ADOPTED: May 11, 2004
LEGAL REF: Code of Alabama 16-1-30; 16-12-5
FILE:
A-7
The
school day shall consist of not less than six (6) hours (360 minutes) of
instructional time
per day. Periods for lunch,
changing classes, homeroom, and
other
non-instructional activities shall be scheduled in addition to the six (6)
hours
of instruction. Unscheduled visitors, unapproved
extracurricular activities or fund-
raising activities
shall not interrupt this instructional time.
The
schedule for all teachers shall conform to the regulations of the Board
and the State Board
of Education.
ADOPTED: May 11, 2004
LEGAL REF: Code of Alabama 16-1-1
B-2 POWERS AND DUTIES OF
BOARD MEMBERS
B-4 BOARD – SUPERINTENDENT
RELATIONS
B-5 BOARD ATTORNEY
B-6 CONSULTANTS
B-7 BOARD MEETINGS
B-8 ORDER OF BUSINESS
B-9 VOTING METHOD
B-10 BOARD MINUTES
B-11 PUBLIC PARTICIPATION
B-12 POLICY DEVELOPMENT
B-13 MEMBERSHIPS IN SCHOOL
BOARD ASSOCIATIONS
FILE:
B-1
The
Board shall elect each year, at its annual meeting, one of its members to
serve as President
and one to serve as Vice-President.
The President, in addition to
the duties prescribed
by law, shall exercise such powers as properly pertain to his/her
office. In carrying out his/her
responsibilities, the President shall:
1.
Preside
at all meetings of the Board.
2.
Consult
with the Superintendent in planning agendas.
3.
Bring
before the Board such matters as in his/her judgment require attention of the
Board.
4.
Be
responsible for the orderly conduct of Board meetings.
5.
Confer
with the Superintendent on crucial matters which may occur between Board
meetings.
6.
Call
special meetings of the Board as necessary.
7.
Appoint
special committees, subject to approval of the Board.
8.
Sign all
official reports for the District except as otherwise provided by law.
9.
Appear on
behalf of the Board in all actions brought by or against it, unless individually
as a party, in which case his/her duty shall be performed by the Secretary.
In
the absence of the President or in the event of the President’s death, or
inability or failure
to act, the Vice-President shall perform the duties of the President and, when
so acting, shall have all the power of the President.
If
the President and Vice-President are absent from a meeting at which a quorum is
present, the ranking member in terms of continuous service on the Board shall
preside.
The
Superintendent shall serve as Secretary to the Board. In case the Secretary is absent, the
Board may appoint another member of the Board, or other school personnel under
the jurisdiction of said Board to act as Secretary.
FILE:
B-1
(Continued)
The
Chief School Finance Officer shall be designated as treasurer and custodian of
all monies to which the Board is entitled by law, or which may come into its
possession.
ADOPTED:
May 11, 2004
LEGAL REF: Code of Alabama 16-11-3; 16-11-5; 16-12-1; 16-12-3
The
Board shall act as the general agent of the people within its jurisdiction in
all matters related to the public education of students enrolled in the schools
of the district.
The
Board shall be responsible for carrying out all mandates pertaining to
education and shall consider and accept or reject provisions of permissive
legislation if discretion is authorized.
In all cases whereby constitutional mandates, federal an/or state
statutes, judicial precedents or regulations of recognized governmental
agencies do not otherwise provide or prohibit, the Board shall consider itself
the agent responsible for establishing and appraising the educational
activities of the district.
The
Board shall hold in trust for the use of the public schools of the city all
property, real, personal and mixed, now held or hereafter acquired for school
purposes.
The
primary responsibility of the Board is to develop, adopt, and evaluate policies
for the operation of the school district.
Input from the Superintendent, teachers and administrators, staff
members, professional organizations, parents, and other citizens of the
community shall be encouraged.
The
Board considers that its most important functions fall into the following
categories:
FILE: B-2
(Continued)
ADOPTED: May 11, 2004
LEAGAL REF: Code of Alabama 16-11-1 to 27; 16-12-1; 16-12-15 to 16;
16-22-5 to 6
FILE: B-3
The
Superintendent shall be responsible for providing a comprehensive orientation
program for new Board members. New
Board members also are encouraged to attend new board member orientation
sessions conducted by the Alabama Association of School Boards.
LEGAL REF: Code of Alabama 16-12-3
FILE: B-4
The Board considers the formulation and adoption
of policies as its most important function. The execution and implementation of
adopted policies shall be the function of the Superintendent.
Delegation
by the Board of its executive powers to the Superintendent provides freedom for
the Superintendent to manage the schools within the Board’s policies, and
frees the Board to devote its time to policy-making and to judicial and
evaluative functions.
The
Board shall hold the Superintendent responsible for carrying out its policies
within established guidelines and for keeping the Board informed about school
operations.
In
an effort to keep the Board informed, the Superintendent shall notify Board
members promptly of emergency situations which occur in the schools.
ADOPTED: May 11, 2004
LEGAL REF: Code of Alabama 16-1-30, 16-11-9, 16-12-3
FILE:
B-5
The
Board shall have the right to retain and utilize legal counsel at the
Board’s expense.
ADOPTED:
May 11, 2004
LEGAL REF: Code of Alabama 16-1-30
The
Board may make use of professional consultants from state departments of
education, colleges, universities, and other resources when consultative services
may be helpful to the system. All
consultants must be approved by the Superintendent prior to the invitation and
arrangement for visitation by such person or persons to the system. The services of consultants may be
secured without competitive bids.
ADOPTED: May 11, 2004
LEGAL REF: Code of Alabama 16-1-30, 41-16-51
FILE:
B-7
The
Board shall transact all business of the Board in official meetings. The
President shall start
all meetings promptly at the appointed hour.
The
Board shall hold an annual meeting at its first regular meeting in May.
At this meeting the
Board shall elect its President and Vice-President to serve for a term of one
year. The Superintendent shall serve
as the Secretary to the Board.
All
meetings may be held at such time and place as the duties and business of the
Board may require. Except as
otherwise specified by the state law or Board policies pertaining to its own
operating procedures, the Board shall operate by the rules prescribed in Robert’s
Rules of Order, Newly Revised.
A majority of the Board shall constitute a quorum for the transaction of
business. An official act of the
Board shall require a majority vote of the total membership.
Regular Meetings
The
Board shall hold such regular meetings monthly at a time, date and place
determined by the Board. Such
monthly meetings shall be announced by advertisement in local news media and
shall be open to the public, and at these meetings the Board shall transact
such business as shall be properly brought before it. An agenda shall be prepared by the
Superintendent with the advice of the President.
A
request to be considered for a place on the agenda shall be filed in writing
with the Superintendent or the President at least five (5) days prior to the
scheduled meetings.
Special Meetings
The
Board may hold special meetings when statutorily required or for any purpose or
purposes upon the call of the President or the Superintendent or by either of
them at the written request of any two members of the Board. A notice of the time and purpose for
which the meeting is called shall be given to each member at least two days in advance
of all special meetings. Only
business dealing with the purpose or purposes for which the special meeting was
called can be transacted unless otherwise unanimously agreed by the members
present.
FILE:
B-7
(Continued)
Executive Sessions
The
Board may vote to retire to executive session to discuss the good name and
character of an individual. Only
members of the Board, the Superintendent and persons designated by the Board
shall attend such sessions. All in
attendance shall treat all discussions confidentially and no minutes shall be
taken. If a formal vote on the
disposition of a matter is necessary, said vote must be taken in an open
meeting.
Work Sessions
Periodically,
the Board may deem it necessary or desirable to convene work sessions. These meetings shall be open to the
public.
Notification
The
Board requires notification of all meetings of the Board except emergency
meetings be given at least forty-eight (48) hours prior to the scheduled time for
the meetings. Notice of all
meetings, when possible, shall be given to all local newspapers announcing
meeting dates. Notice to Board
members shall include an agenda and appropriate informational materials
required at the meeting.
ADOPTED:
May 11, 2004
LEGAL REF: Code of Alabama 16-11-5, 13A-14-2
FILE:
B-8
The following shall be the order of business
at regular meetings, unless otherwise elected by the Board:
1.
Call to
order
2.
Invocation
3.
Recognitions
4.
Approval
of minutes from previous meeting
5.
Action
and Informational agenda items
6.
Superintendent’s
report
7.
Adjournment
ADOPTED: May 11, 2004
LEGAL REF: Code of Alabama 16-1-30
FILE: B-9
VOTING METHOD
There shall be no representation by proxy of any member of the Board at anytime. All members present are authorized to speak on issues, offer and second motions, and vote. The voting method shall be determined by the Board, as appropriate, i.e., show of hands or voice.
Any member may request a roll call vote. A roll call vote may be taken at the discretion of the presiding officer.
ADOPTED: May 11, 2004
LEGAL REF: Code of Alabama 16-11-5
FILE: B-10
A complete and accurate set of minutes of each Board meeting shall be kept by the Superintendent or his/her designee. A copy of the minutes shall be distributed to each member following each meeting. After approval of minutes by the Board, they shall be entered in an official record book, signed by the President and the Superintendent and open to the public inspection during regular business hours.
ADOPTED: May 11, 2004
LEGAL REF: Code of Alabama 16-12-3
FILE: B-11
The Board encourages citizen participation at meetings
for the purpose of communicating matters important to the improvement of the
school district. At no time,
however, shall the remarks of any person be focused as a personal attack. If such an attack occurs, the President
or presiding officer of the Board shall proceed to terminate the
citizen’s time on the agenda.
ADOPTED: May 11, 2004
LEGAL REF: Code of Alabama 16-1-30
FILE: B-12
The Board shall formulate policies to guide the actions of those to whom it delegates authority; thus, policies become the official documents, which govern the operation of the school district. Policies shall be recorded in writing and adopted by the Board at a public meeting. A policy recommended to the Board shall not be adopted until a subsequent meeting. Board action regarding policies shall be included in the minutes of the meeting and the adopted policies placed in official binders.
The
Superintendent shall be authorized to submit written recommendations for
proposed new policies and revisions, deletions or extensions of exiting ones.
In
the development process, the Superintendent or his/her designee may consult
with teachers, principals, staff and other employees as well as parents and
interested citizens for input into the proposed policies. Also, the Superintendent or his/her
designee shall consult with a representative of the professional organization
representing the majority of employees.
The written policies, rules and regulations, so established, adopted or
promulgated shall be developed in the same manner and furnished to the affected
employees within twenty (20) days after adoption.
The
Superintendent may facilitate the implementation of policies through the
development and dissemination of administrative procedures deemed necessary or
appropriate in his/her discretion.
Review of Policies
The
Board may periodically direct a systematic review of all or part of its
policies.
As
in the development process, the Superintendent may involve representative
groups to assist with the reviews.
Selection of individuals to participate shall be neither arbitrary nor
discriminatory. All recommendations
of the review committee(s) shall be forwarded to the Superintendent for study
and possible modification before a recommended revision is made to the Board.
FILE: B-12
(Continued)
Administration in the Absence
of Policy
The
Board authorizes the Superintendent to take reasonable and prudent action when
needed in the absence of policy.
The Superintendent shall have the power to take action unless the Board
is vested with a legal mandate to do so.
It shall be the responsibility of the Superintendent to inform the Board
promptly of such action and possible resultant need for policy.
Suspension of Policy