Section 1000 School Board Policies
By Susan Lenhoff
April 02, 2007
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BOARD OF EDUCATION |
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THE PURPOSE OF THE BOARD OF EDUCATION POLICIES 1000 |
The Board of Education policies for Randolph Public Schools formalize the expectations and aspiration, which the citizens have for their schools. As a policy making body, the Board of Education develops policies to clarify and promulgate an effective and efficient school system operation.
The authority for the administration and implementation of the Board Policies is delegated to the Superintendent of Schools. The shared responsibility for the successful fulfillment of the Policies belongs to each staff member, student and citizen of the Randolph Public Schools.
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LEGAL BASIS 1100 |
The Legal basis for education in the Randolph Public Schools is vested in the Nebraska State Laws, and the statutes pertaining to all school districts and Class III districts.
The Randolph Public Schools System is duly organized under the Nebraska State Laws as a Class III Public School system having a population between 1,000 to 50,000 with elementary and high school grades under the direction of a single school board of education. Legal Reference: Statute 79-102.
Three school board members shall be elected each even numbered year during the general election.
If more than two-(2) file for each vacancy the number will be reduced to six (6) during the state primary election.
Successful candidates shall assume office at the January meeting following the general election. Candidates shall file by petition.
"Every citizen of the United States who resides in the district and who has registered to vote in the county in which he resides, shall be entitled to vote at any district meeting or school election." Legal Reference: Statute 79-427.
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A CODE OF ETHICS 1110 |
Developed by the National School Board Association and Subscribed to by the Board of Education of the Randolph Public Schools.
A. As a member of my local Board of Education, representing all the citizens of my school district I recognize.
1. That my fellow citizens have entrusted me with the educational development of the children and youth of this community.
2. That the public expects my first and greatest concern to be in the best interest of each and every one of these young people without distinction as to who they are or what their background may be.
3. That the future welfare of this community, of this State, and of the Nation depends in the largest measure upon the quality of education we provide in the public schools to fit the needs of every learner.
4. That my fellow board members and I must take the initiative in helping all the people of this community to have all the facts all the time about their schools, to the end that they will readily provide the finest possible school program, school staff, and school facilities.
5. That legally the authority of the Board is derived from the State which ultimately controls and organization and operations of the school district and which determines the degree of discretionary power left with the Board and the people of this community for the exercise of local autonomy.
6. That I must never neglect my personal obligations to the community and my legal obligation to the State, nor surrender these responsibilities to any other person, group or organization: but that, beyond these, I have a moral and civic obligation to the Nation which can remain strong and free only so long as public schools in the United States of
American are kept free and strong.
B. In view of the foregoing consideration, it shall be my constant endeavor.
1. To devote time, thought, and study to the duties and responsibilities of a school board member so that I may render effective and creditable service.
2. To work with my fellow board members in a spirit of harmony and cooperation in spite of differences of opinion that arise during vigorous debate of points at issue.
3. To base my personal decision upon all available facts in each situation: to vote my honest conviction in every case, unswayed by partisan bias of any kind: thereafter, to abide by and uphold the final majority decision of the Board.
4. To remember at all times that as an individual I have no legal authority outside the meeting of the Board, and to conduct my relationship with the school staff, and local citizenry, and all media of communication on the basis of this fact.
5. To resist every temptation and outside pressure to use my position as a school board member to benefit either myself or any other individual or agency apart from the total interest of the school district.
6. To recognize that it is as important for the Board to understand and evaluate the educational program of the schools as it is to plan for the business of school operation.
7. To bear in mind under all circumstances that the primary function of the Board is to establish the policies by which the schools are to be administered, but that the administration of the educational program and the conduct of school business shall be left to the employed Superintendent of Schools and his /her professional and non-professional staff.
8. To welcome and encourage active cooperation by citizens, organizations, and the media of communication in the district with respect to establishing policy on current school operation and proposed future developments.
9. To support my State and National School Boards Association.
10. Finally, to strive step by step toward ideal conditions for most effective school board service to my community, in a spirit of teamwork and devotion to public education as the greatest instrument for the preservation and perpetuation of our representative democracy.
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FUNCTIONS OF THE BOARD 1120 |
The Board of Education, representing the people of the District, is the governing body, which fulfills all duties, as specified by law, and determines all goals and policies to provide the finest educational program for each student in the Randolph Public Schools.
The five primary functions include: (1) Establishment of Mission, Goals, and Policies (2) Community Leadership (3) Selection of the Superintendent (4) Fiscal Responsibility and (5) Evaluation.
1. ESTABLISHMENT OF MISSION, GOALS, AND POLICIES
So that quality education can be realistically provided for each student, the Board of Education shall adopt the mission, goals, and policies to be fulfilled, and provide the financial means thereof.
The Board of Education selects a chief administrative office, the Superintendent of Schools, who is responsible for the implementation of the mission, goals, and policies.
DEVELOPMENT
Proposals regarding school district goals and policies may originate at any of several sources: a parent, an employee, a member of the Board, the Superintendent, a professional consultant, a civic group.
Action on such proposals, whatever their source, is taken finally by the Board in accord with its bylaws. The Board shall take action upon the basis of recommendations presented to the Board by the Superintendent.
ADOPTION AND AMENDMENTS
The mission, goals, and policies may be adopted after consideration at two meetings of the Board. The agenda and minutes shall be marked to indicate policy matters.
The format adoption of policies shall be recorded in the minutes of the board. Only those written statements so adopted and so recorded shall be regarded as official board policy.
Any item in these policies, if found to be in conflict with any law of the State of Nebraska or with any regulation of the state or county departments of public instruction, shall be considered null and void but shall in no way affect other policies herein adopted.
The board policies shall be subject to amendment only by majority vote of all members of the board. Amendments may be made only after consideration at two meetings of the board.
If at least a quorum votes to do so, a policy may be waived by the board at any meeting to permit a specific action.
SUSPENSION
The operation of any sections of the policies, not established by law, may be suspended by a unanimous vote of all Board members at a regular or special meeting.
REVIEW
The Board of Education will continuously review and update the policies as needs arise.
DISTRIBUTION
The written mission, goals, and policies will be placed in every school in the system and made available to personnel, students, and the community.
2. COMMUNITY LEADERSHIP
The Board assumes a major responsibility in the community for educational leadership and for the development of citizenry dedicated to a quality program of education. The Board of Education shall solicit the advice and counsel of students, staff and residents in planning and operating the schools.
3. SELECTION OF THE SUPERINTENDENT
One of the major tasks of the Board is to employ and promote the highest quality of executive leadership. The Superintendent, as the chief administrator of the Board, will be concerned with the implementation and execution of the policies of the school district and in the day to day operation of the school system. He shall keep the Board of Education informed of the implementation of the plans and policies of the Board as well as recommending needed changes. The Superintendent is expected to furnish educational leadership to the Board, the school staff, and the community.
4. FISCAL RESPONSIBILITY
The Board of Education assumes the responsibility of providing and implementing a financial program, which will adequately permit the District to accomplish efficiently the goals, and objectives of the school system. The management of the financial program and the development of the proposed budget for the School District is delegated to the Superintendent of Schools.
5. EVALUATION
The Board will continuously evaluate or cause to be evaluated the results and progress of the educational program of the school system. These evaluations will necessitate the study and familiarity with the program at the present as well as the projected plans direction and objectives of the staff for the improvement of the program.
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ORGANIZATION 1150 |
BOARD MEMBERSHIP
The Board of Education shall consist of six members elected by the legal votes of the school district in a manner prescribed by state law. Legal Reference: Statute 79-803-03.
"No person shall be nominated, elected, or serve as a member of a Board of Education unless he is a registered voter in such district" Legal Reference: Statute 70-43.
OFFICERS
"The Board of Education of third class school districts shall have power to select their own officers and make their own rules and regulations not inconsistent with any statute applicable to such districts. No member of the Board shall accept or receive any compensation for services performed in discharging the duties of this office." Legal Reference: Statute 79-807.
The organizational meeting of the election of officers shall be held each year at the January regular business meeting of the Board of Education.
At the organizational meeting the officers elected shall be president, vice president, secretary and treasurer.
Each officer shall be elected by a majority of the members of the Board. Each officer shall perform the legal duties of the office and such other function as are designated by the Board of Education.
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DUTIES OF OFFICERS 1160 |
PRESIDENT
The President of the Board shall have the power delegated by Nebraska State Laws to (l) preside at all meetings of the district; (2) countersign all orders upon the treasury for money to be disbursed by the district and all warrants of the secretary on the county treasurer for money raised for district purposes or appointed to the district by the county superintendent (3) administer the oath to the secretary and treasurer of the district when such an oath shall be required by law in the transaction of the business of the district: and (4) perform such other duties as may be required of him by law.
He shall be entitled to vote on any issue that may come before any meeting.
It shall also be the duty of the president to appear for and on behalf of the district in all suits brought by or against the same. Legal Reference: Statute 79-452 to 79-455.
VICE PRESIDENT
The Vice President shall perform the duties of the President in the absence of the President. He shall perform other functions as designated by the board.
SECRETARY
The Secretary shall be responsible for the records of all meetings, post all legal notices, prepare and sign all legal documents, and perform such other duties as may be prescribed by law and the Board of Education. Legal Reference: Statutes 79-456 to 79-458.
The Board of Education of a third class school district may employ a treasurer for such district, who shall be paid a salary, to be fixed by the board, of not to exceed twelve hundred dollars per annum. If the board does not employ such a treasurer, the city treasurer of the city, which is within such district, or his deputy, shall be ex officio treasurer of the school district. He shall attend all meetings of the board when required to do so, prepare and submit in writing a monthly report of the state of its finances, and pay school money only upon warrants signed by the president of the board or, in his absence, by the vice president, and countersigned by the secretary.
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COMMITTEES OF THE BOARD 1170 |
The Board shall authorize such special committees as are necessary, they shall be appointed by the President who shall provide them with a specific responsibility and period of time within which to complete the assignment. In no event shall the operation of the committee extend past the annual meeting.
AMERICANISM COMMITTEE
The Board of Education shall, at the beginning of each school year, appoint from its members, a committee Americanism. The duties shall be those as prescribed by law. Legal Reference: Statute 79-213.
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VACANCIES 1180 |
Any vacancy or vacancies occurring on the Board shall be filled by qualified citizens appointed by action of the majority of the remaining members, as provided by law. Legal Reference: Statute 79-463.
Any vacancy on the Board resulting other than from the expiration of a term, shall be filled by the remaining members for the remainder of the term of the vacating member.
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TRANSACTION OF BUSINESS 1210 |
The Board of Education shall transact all business at legal meetings of the Board. A Board member or group of Board members as individuals can not give a decision on matters affecting the school to residents of the district, patrons of the school, teachers, employees, pupils or persons having business with the schools when not in a regular or special meeting of the Board.
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PUBLIC MEETINGS AND NOTIFICATION 1220 |
Section 1. "It is hereby declared to be the policy of this state that the formation of public policy is public business and may not be conducted in secret.
Every meeting of a public body shall be open to the public in order that citizens may exercise their democratic privilege of attending the speaking at meetings of public bodies, except as otherwise.
DEFINITIONS
Section 2. As used in this act, unless the context otherwise requires: (1) Public body shall mean (a) governing bodies of all political subdivisions of the State of Nebraska (b) governing bodies of all agencies now or hereafter created by Constitution, statute, or otherwise pursuant to law, of the executive department of the State of Nebraska (c) all independent boards, commissions, bureaus, committees, councils, subunits, or any other bodies, now or hereafter created by Constitution, statute, or otherwise pursuant to law (d) all study or advisory committees of the executive department of the State of Nebraska whether having continuing existence or appointed as special committees with limited existence, and (e) advisory committees of the bodies referred to in subdivisions (a) (b) and (c) of this subdivision. This act shall not apply to subcommittees of such bodies unless such subcommittees have been given authority to take formal action on behalf of their parent body or to judicial proceedings, unless a court or other judicial body is exercising rule making authority, deliberating, or deciding upon issuance of administrative orders: and (2) Meeting shall mean all regular, special, or called meetings of any public body for the purposes of briefing, discussion of public business, formation of tentative policy, or the taking of any formal action.
CLOSED SESSIONS
Section 3. (1) Any public body may hold a closed session by the affirmative vote of a majority of its voting members in attendance at a meeting if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual and if to, such reasons as: (a) Strategy sessions with respect to collective bargaining, real estate purchases or litigation: (b) Discussion regarding deployment of security personnel or devices; or (c) Nothing in this section shall permit a closed meeting for discussion of the appointment or election of a new member to a public body.
(2) The vote to hold a closed session shall be taken in open session. The vote of each member on the question of holding a closed session, the reason for the closed session and the time when the closed session commenced and concluded shall be recorded in the minutes. The meeting shall be reconvened in open session before any formal action may be taken.
(3) Any member of any public body shall have the right to challenge the continuation of a closed session if the member terminus that the session has exceeded the reason stated in the original motion to hold a closed session. Such challenges shall be overruled only by a majority vote of the members of the public body. Such challenge and its disposition shall be recorded in the minutes.
NOTIFICATION OF MEETING
Section 4. (1) Each public body shall give reasonable advance publicized notice of the time and place of each meeting by a method designated by each public body and recorded in its minutes. Such notice shall be transmitted to all members of the public body and to the public. Such notice shall contain an agenda of subjects known at the time of the publicized notice, or a statement that the agenda which shall be kept continually current, shall be available for public inspection at the principal office of the public body during normal business hours. The public body shall have the right to modify the agenda to include items of an emergency nature only at such public meeting.
(2) The secretary or other designee of each public body shall maintain a list of the news media requesting notification of meetings and shall make reasonable efforts to provide advance notification to them of the time and place of each meeting, and the subjects to be discussed at that meeting.
(3) When it is necessary to hold an emergency meeting without reasonable advance public notice, the nature of the emergency shall be stated in the minutes and any formal action taken in such meeting shall pertain only to the emergency. Such emergency meetings may be held by means of electronic or telecommunication equipment. The provisions of subsection (2) of this section shall be complied with in conducting emergency meetings.
PUBLIC ATTENDANCE AT MEETINGS
Section 5. (1) Subject to the provisions of this act, the public shall have the right to attend and the right to speak at meetings of public bodies and all or any part of a meeting of a public body may be recorded by any person in attendance by means of a tape recorder or any other means of sonic reproduction or in writing.
(2) Any public body may enforce reasonable rules and regulations regarding the conduct of persons attending its meetings and regarding their privilege to speak. A body is not required to allow citizens to speak at each meeting, nor may it forbid public participation at all meetings.
MINUTES
Section 6. (1) Each public body shall keep minutes of all meetings showing the time, place, and members present and absent and the substance of all matters discussed.
(2) Any action taken on any question or motion duly moved and seconded shall be by roll call vote of the public body in open session, and the record shall state how each member voted, or if the member was absent or not voting.
(3) The vote to elect leadership within a public body may be taken by secret ballot, but the total number of votes for each candidate shall be recorded in the minutes.
(4) The minutes shall be public records and open to public inspection during normal business hours.
(5) Minutes shall be written and available for inspection within ten working days, or prior to the next convened meeting, whichever occurs earlier.
ENFORCEMENT AND COMPLIANCE
Section 9. (1) Any motion, resolution, rule, regulation, ordinance or formal action of a public body made or taken in violation of any of the provisions of section 1 to 8 of this act shall be declared void by the district court. A suit to void any final action shall be commenced within one year of the action.
(2) The Attorney General and the county attorney of the county in which the public body ordinarily meets shall enforce the provisions of this act.
(3) Any citizen of this state may commence a suit in the district court of the county in which the public body ordinarily meets or in which the plaintiff resides for the purpose of requiring compliance with or preventing violations of this act, for the purpose of declaring an action of a public body void, or for the purpose of determining the applicability of this act to discussions or decisions of the public body. The court may order payment of reasonable attorney fees and court costs to a successful plaintiff in a suit brought under this section.
(4) Any member of a public body knowingly violating any provision of this act, shall be guilty of a misdemeanor and shall upon conviction thereof, be fined not more than fifty dollars. Legal Reference: Statues 84-1401 to 84-1407.
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EXECUTIVE SESSIONS 1230 |
The Board of Education shall go into an executive session only upon a motion duly made, seconded and passed by a majority of the governing body in open and public session convened. Such motion, second, and roll call shall be duly recorded in the minutes of such meeting and shall show the vote by name of each member together with the time of convening and adjourning the open and public session and the time of commencement and conclusion of the executive portion thereof. It shall be necessary to record roll call votes, if any, taken in executive session. Any formal official action on any question or motion duly moved and seconded shall be taken only by roll call vote of the governing body in open session convened and the record shall show how each member voted. Any formal action of any type, including expenditure of funds, adopted or taken at any meeting other than while open to the attendance of the public, shall be void. Legal Reference: Statute 84-1405.
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PREPARATION FOR BOARD MEETINGS 1240 |
The tentative agenda and supportive materials will be prepared by the Superintendent in consultation with the President of the Board. The materials will be delivered to each Board member's home at least two days in advance of a regular Board meeting.
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ATTENDANCE AT MEETINGS 1250 |
Board members, when they take office, assume the responsibility for attending all regular and special meetings called. The absence of any member at any meeting should be exceptional.
Every school district office shall become vacant..."by a Board member's absence from more than two consecutive regular meetings of the Board...unless excused by a majority of the remaining members of the Board." Legal Reference: Statute 79-462.
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DATE AND TIME OF MEETINGS 1260 |
REGULAR MEETINGS
The regular meetings of the Board of Education of a third class school district shall be held on or before the second Monday of each month, but special meetings may be held as circumstances may demand and all meetings of the Board shall be open to the public. Legal Reference: Statute 79-805.
SPECIAL MEETINGS
Special meetings of the Board of Education may be called by the president or any two members, but all members shall have notice of the time and place of the meeting. Legal Reference: Statute 79-439.
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ORGANIZATION OF MEETINGS 1270 |
QUORUM
In all meetings of the Board of Education, a majority of the members shall constitute a quorum for the transaction of business. Legal Reference: Statute 79-439.
ORDER OF BUSINESS
I. Acknowledgement of Public Announcement of Meeting and Availability of Agenda
II. Approval of Minutes from last meeting
III. Treasurer's Report
IV. Communications
V. Old Business
VI. New Business
VII. Reports
VIII. Adjournment
CONDUCT OF MEETINGS
Unless superseded by Law or Board policies, Roberts Rules of Order will govern the conduct of the Board Meetings.
LIMITATIONS OF DISCUSSIONS
The President shall stop any discussion, which does not apply to the motion last made. He may also stop the discussion of a matter if the Board has previously agreed to confine discussion to a definite period of time and that period has been used. Aside from such limitations, the President shall not interfere with debate when a member wishes to speak.
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MINUTES 1280 |
A complete and accurate set of Minutes of each meeting shall be kept. Legal Reference: Statute 79-457.
A copy of all motions shall be carefully recorded. The names of those who make the motions, those who second the motions and the roll call vote will be recorded.
Minutes shall be maintained in an official record book designated for said purpose, and kept in the office of the Superintendent of Schools.
The Minutes shall be published. Legal Reference: Statute 79-805.
Following each meeting, a written copy of the proceedings shall be sent to each member of the Board of Education.
The minutes of the preceding meeting shall be approved by the Board and signed by the Secretary at the next regular meeting. Cross-Reference: Policy 1260.
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PUBLIC PARTICIPATION AT BOARD MEETINGS 1290 |
PROCEDURES FOR ADDRESSING THE BOARD OF EDUCATION
RANDOLPH PUBLIC SCHOOLS DISTRICT #45
WHO MAY ADDRESS THE BOARD
1. Residents of the District.
2. Members of the staff or student body.
3. Parents of student enrolled in the district.
4. Individuals who have been requested by the Superintendent or Board to present a given subject.
5. Non-residents of the district who have requested and been instructed as to procedure by the Superintendent of Schools.
ITEMS OF DISCUSSION
Only items on the written board agenda will be discussed at any meeting unless the Board, by a majority action, agrees to place additional items on the agenda at the request of the Superintendent or a Board member.
The Board will not entertain questions on routine policies, operations, or written state statutes. These can be acquired by a call or letter to the Administrative offices, or by review of policy and statute books available at Administrative offices. Persons are strongly encouraged to acquire needed information in this manner so that the Board can proceed in an orderly fashion with its mandated duties.
TO PLACE AN ITEM ON THE AGENDA
An applicant may place an item on the agenda by filing a written request with the Superintendent at least one week prior to the regularly scheduled Board meeting. The request should include the, name, address, and telephone number of the person making the request; the name of the organization or group represented, if any; a statement of action to be requested of the Board; any pertinent background information leading to the request.
TIME AND PLACEMENT OF THE AGENDA
The Superintendent, upon receipt of the request, shall set a date for inclusion of the request on the agenda as soon as practicable, bearing in mind such considerations as allowing time to gather pertinent information, to assemble members of the staff who have knowledge of the subject, etc., the Superintendent shall notify the individual or group of the date, time and place of the meeting at which the item will be considered.
TO SPEAK TO AN ITEM PLACED ON THE AGENDA
When recognized by the presiding officer, state your name and the full content of the item you had placed on the agenda.
No more than twenty minutes per item or five minutes per speaker will be allowed in order to allow the Board to conduct all their business in an orderly fashion.
CONDUCT AND REMARKS OUT OF ORDER
Undue interruption or other interference with the orderly conduct of business cannot be allowed. Defamatory or abusive remarks are always out of order.
QUESTIONS AND COMMENTS
Members of the Board of Education and the Administrative staff may question a speaker or make comments in response to the speaker's remarks.
CHARGES, COMPLAINTS OR CHALLENGES
At a public meeting of the Board, no person shall orally initiate charges or complaints against individual employees of the district, or challenge instructional materials used in the district. All such charges, or complaints, shall be investigated and the complainant given a written reply.
RATIONALE FOR THIS POLICY
The Board of Education welcomes visitors to all regular meetings of the Board. Because of the strict legalities under which the Board of Education must meet, and because actions taken which are not on the agenda are not legally binding, a proper procedure is hereby adopted.
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ADVISORY GROUPS 1300 |
The Board will appoint a Vocational Advisory Group and a Title ESEA Advisory Group at the annual August meeting.
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MEMBERSHIP IN ORGANIZATIONS 1400 |
The Board of Education of Randolph Public Schools may hold membership in the Nebraska State School Board Association, the National School Board Association and other organizations specifically designated by the Board. Legal Reference: Statute 79-4149.
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MEMBERSHIP ON BOARD OF EDUCATION AND CONTRACTS 1450 |
No school officer shall be a party to any oral or written school contract for building, furnishing supplies, services, or sale of real estate except through condemnation, in amounts in excess of ten thousand dollars in any one school year, and no contract may be divided for the purpose of evading the requirements of this section...Legal Reference: Statute 79-442. Board members are school officers.
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COMPENSATION AND EXPENSES 1500 |
No member of the Board of Education shall receive compensation for his services as a member or as an officer. Legal Reference: Statute 79-807.
The members of the Board of Education shall be reimbursed for expenses incurred in performance of official business for the school district, when the expenses are submitted in the prescribed form and have proper approval.
Section 1000 School Board Policies
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