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Series 2000


Board Operational Goals

2000
School Board Legal Status 2100
School Board Powers and Duties 2110
School Board Access to Personnel Records 2110.1
Board Member Authority 2111
Board Member School Visits 2111.1
School Board Elections 2120
Candidates and Campaigning 2120.1
Voting Procedures 2120.2
Board Member Qualifications 2121
Board Member Oath of Office 2122
Board Member Resignation 2130
Board Member Removal From Office 2140
Unexpired Term Fulfillment 2150
School District Officer and Employee Code of Ethics 2160
Board Member Conflict of Interest 2170
Board Reorganizational Meeting 2210
Board Officers 2220
Appointed Board Officials 2230
Board-Superintendent Relationship 2240
Board Committees 2250
Citizens’ Advisory Committees 2260
Shared Decision-Making and School-Based Planning 2265
School Attorney 2270
Litigation Procedures 2270.1
Regular Meetings 2310
Special Meetings 2320
Executive Sessions 2330
Notice of Meetings 2340
Consent Agenda 2341.1
Agenda Preparation and Dissemination 2342
Board Meeting Procedures 2350
Quorum 2351
Rules of Order 2352
Minutes 2360
Broadcasting and Taping of Board Meetings 2382
Board Hearing 2390
Formulation, Adoption and Amendment of Policies 2410
New Board Member Orientation 2510
Board Member Training Program 2520
Membership in School Boards Associations 2530
Board-Staff Communications 2700

                                                                                                                            2000

 

                                    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

 

                                                                                                                          2100

 

                                  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

 

                                                                                                                            2110

 

                            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

 

                                                                                                                         2110.1

 

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

 

                                                                                                                            2111

 

                                     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

 

                                                                                                                         2111.1

 

                                 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

 

                                                                                                                            2120

 

                                      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

  

2120.1

 

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

 

                                                                                                                         2120.2

 

                                            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:

 

  1. 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;
  2. b)         persons adjudged mentally incompetent by a court; and

 

  1. 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

 

                                                                                                                            2121

 

                               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

 

                                                                                                                            2122

 

                                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

 

                                                                                                                            2130

 

                                   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

 

                                                                                                                            2140

 

                        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

 

                                                                                                                            2150

 

                                 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

 

                                                                                                                            2160

 

SCHOOL DISTRICT OFFICER AND EMPLOYEE CODE OF ETHICS

View the Revised Policy 2160  

                                                                                                                            2170

 

                         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

 

2210

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.

  1. 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.

  1. 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 Treasurer

The Board shall appoint District Auditors

  1. 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

  1. Designations

The Board shall designate/approve:
Official Bank Depositories
BOE Regular monthly meetings
Official newspapers

  1. 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

           

                                                                                                                            2220

 

                                                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

 

                                                                                                                            2230

 

                                    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

 

  1. 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;
  2. attend all public meetings of the Board (Regular and Special) as well as public hearings of the Board and, when requested:
  3. handle follow-up correspondence, and/or
  4. transcribe and distribute completed minutes;
  5. make full and accurate minutes of all public meetings of the Board (Regular and Special) as well as public hearings of the Board;
  6. transcribe Board minutes of executive sessions as recorded by the Superintendent;
  7. 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;
  8. handle all outgoing correspondence of the Board President as well as the other members of the Board;
  9. receive and answer telephone requests from school Board members, administration, the school attorney, and the community whenever necessary;
  10. process registrations for Board members attending various seminars and workshops, make travel arrangements for Board members on Board-related trips, and process expense accounts;
  11. process all purchase orders for supplies and services relating to the Board;
  12. prepare the expenses of the district meetings, the District Clerk, and Board for the annual budget;
  13. participate in the handling of bond sales to ensure successful completion;
  14. have a working relationship with school district attorney;
  15. 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
  16. 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

 

  1. tact and courtesy;
  2. thoroughness and dependability;
  3. three years of clerical experience, some of which shall have been involved with keeping or auditing accounts;
  4. graduated from high school; and
  5. 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

 

                                                                                                                            2240

 

                        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

 

                                                                                                                            2250

 

                                            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

 

2265

 

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

 

                                                                                                                            2270

 

                                              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

 

                                                                                                                            2310

 

                                             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

 

                                                                                                                            2320

 

                                              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

 

                                                                                                                            2330

 

                                            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:

 

  1. 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.
  2. discussions concerning probable cause to bring disciplinary charges against a tenured teacher; and
  3. 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

 

                                                                                                                            2340

 

                                            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

 

                                                                                                                         2341.1

 

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


                                                                                                                           2342

 

                     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

 

                                                                                                                            2350

 

                                   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

 

  1. Call to order
  2. Salute to flag
  3. Moment of silent meditation
  4. Approval of minutes

 

  1. Recognition of achievement

 

  1. Comments from visitors (agenda-related)

 

  1. Business items

 

  1. Treasurer’s report
  2. Bid awards

 

  1. Personnel items

 

  1. Monthly reports

 

  1. Presentations/Discussion items

 

  1. Action items

 

  1. Closing

 

  1. Comments from visitors
  2. Board discussion of future agenda items
  3. Announcement of next meeting

 

  1. Executive Session

 

  1. 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

 

                                                                                                                            2351

 

                                                         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

 

                                                                                                                            2352

 

                                                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

 

                                                                                                                            2360

 

                                                         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

 

                                                                                                                            2382

 

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

 

                                                                                                                            2390

 

                                                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

 

                                                                                                                            2410

 

        FORMULATION, ADOPTION AND AMENDMENT OF POLICIES

 


 

                                                                                                                            2510

 

                             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

 

  1. 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

                                                                                                                                        2520

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

 

 

                                                                                                                            2530

 

                 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

 

                                                                                                                            2700

 

                                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