B—SCHOOL BOARD GOVERNANCE AND OPERATIONS
SCHOOL BOARD LEGAL STATUS
Recognizing that "a general diffusion of the advantages of education [is] essential to the preservation of rights and liberties of the people," the Constitution of the State of Maine declares that the Legislature has the duty to require communities to provide for the support and maintenance of public schools in order to further this objective. Maine law establishes a State Department of Education to supervise a coordinated system of public education, a Commissioner to enforce regulatory requirements and to provide technical assistance and educational leadership, and a State Board of Education to act as a body with certain policymaking, administrative and advisory functions, but places the responsibility for control and management of public schools with locally elected School Committees, School Boards or Boards of Directors. Thus, M.S.A.D. #4 derives its legal authority from the State's Constitution, state statutes and regulations of the State Board of Education, as well as Federal laws and regulations.
By custom and tradition, local School Boards have responsibilities to the local citizenry they serve and which elect them to office. Recognizing this parallel concept of authority and responsibility, the Board becomes a policy-making body for the school district serving within the framework provided by law and responding to the will of the local citizenry.
There shall be 18 members on the Board of Directors, two from Abbot, two from Cambridge, five from Guilford, three from Parkman, four from Sangerville, and two from Wellington. Each Director serves for three years and these terms overlap so that in each year three directorships are vacated and must be resupplied by election. As required by law, Board members will cast weighted votes as follows:
Each Director from Abbot Each Director from Cambridge Each Director from Guilford Each Director from Parkman Each Director from Sangerville Each Director from Wellington Total Votes
Each year as a part of the Board reorganization procedure, one director is elected to serve as Chair and is the presiding officer at all its meetings. One director is elected to serve as Vice-Chair. In the absence of the Chair, the Vice-chair will assume the role of Acting Chair with all rights and responsibilities of the Chair contained therein.
Legal Reference: 20-A MRSA ¤¤ 1001, 1251 et seq.
Cross Reference: AA - School District Legal Status
BDB - Board Officers
Adopted: April 10, 1990
Revised: June 29, 2004
SCHOOL BOARD POWERS AND RESPONSIBILITIES
The School Board shall have general charge of all the public schools of this unit and shall exercise such other responsibilities as specifically provided by law.
The Board shall concern itself primarily with broad questions of policy rather than with administrative details. The application of policies is an administrative task to be performed by the Superintendent and his/her staff, who shall be held responsible for the effective administration and supervision of the entire school system.
The Board, functioning within the framework of laws, court decisions, attorney generals' opinions, and similar mandates from the state and national levels of government, and recognizing the authority of the state, fulfills its mission as the governing body of a political subdivision by acting as follows in the execution of its duties:
A. Enacts policy;
B. Selects, employs and evaluates the Superintendent;
C. Provides for the planning, expansion, improvement, financing, construction and maintenance of the physical plant of the school system;
D. Prescribes the minimum standards needed for the efficient operation and improvement of the school system;
E. Requires the establishment and maintenance of records, accounts, archives, management methods and procedures incidental to the conduct of school business;
F. Approves the budget, financial reports, audits, major expenditures, payment of obligations, and policies whereby the administration may formulate procedures, regulations, and other guides for the orderly accomplishment of business;
G. Estimates the funds necessary from taxes for the operation, support, maintenance and improvement of the school system;
H. Adopts courses of study;
I. Provides for staff and instructional aids;
J. Evaluates the educational program to determine the effectiveness with which the schools are achieving the educational purposes of the school system;
K. Provides for the dissemination of information relating to the schools necessary for creating a well-informed public; and
L. Approves/disapproves personnel nominations from the Superintendent and determines (where appropriate via collective bargaining) compensation and working conditions of all staff.
Legal Reference: 20-A MRSA ¤ 1001
Adopted: April 10, 1990
Revised: April 8, 2003
BOARD MEMBER AUTHORITY AND RESPONSIBILITIES
Members of the Board have authority only when acting as a board legally in session. The Board shall not be bound in any way by any action or statement on the part of any individual Board member except when such statement or action is in pursuance of specific instructions from the Board.
Legal Reference: 20-A MRSA ¤¤ 1001-1003
Adopted: April 8, 2003
BOARD MEMBER QUALIFICATIONS
A person is legally qualified to become a member of the Board if he/she is a United States citizen, a resident of the State of Maine, a qualified voter in the community or ward thereof by and from which he/she is elected and at least 18 years of age.
Elections shall be nonpartisan. Candidates' qualifications, residency requirements and proper nomination procedures shall be the same as for candidates for city or town council.
No member of the Board or spouse shall be an employee in any public school within the system.
Legal Reference: 30-A MRSA ¤ 2526
20-A MRSA ¤ 1002.2
Adopted: April 8, 2003
BOARD-DECLARED VACANCY CAUSED BY ABSENTEEISM
When a member must be absent from a regular meeting of the School Board for any reason, that member shall contact the Board Chair or superintendent and request to be excused from the meeting; if the Chair must be absent, he/she shall contact the vice Chair. The Chair (or Vice Chair) shall determine whether or not the request shall be granted, unless otherwise ruled by a majority of the Board. The minutes of each meeting shall reflect the names of the members present, those absent with excuse (if any) and those absent without excuse (if any).
The Board shall take the following action when a member is absent without excuse.
A. After two consecutive unexcused absences from regular meetings, the member shall be notified in writing by the Board informing him/her that a third consecutive unexcused absence from a regular meeting will constitute cause for the Board to consider declaring his/her seat on the Board vacant.
B. After three (3) consecutive unexcused absences from regular meetings, the Board shall notify said member in writing that the Board will consider declaring his/her seat vacant at the next regular meeting of the Board or at a special meeting called for the purpose of considering this matter.
C. At the meeting where the declaration of a vacancy, in accordance with this policy, is being considered, the Board member who is the subject of the action shall be provided the opportunity to present his/her reasons why the Board should not declare a vacancy.
D. Following the deliberation outlined in sections B and C of this policy, the Board shall vote whether or not to declare a vacancy.
E. Should a vacancy be declared in accordance with this policy, the vacancy shall be filled in accordance with the appropriate provisions of MRSA Title 20-A.
F. An absence for any of the following reasons shall be routinely considered an excused absence: Illness of the member or members of his/her immediate family, death in the member's family, a short-term obligation, or an unavoidable commitment related to the member's employment (so long as such a commitment is not of the type which prevents the member from attending on a regular basis.
Legal Reference: 20-A MRSA ¤ 1254
Adopted: April 8, 2003
UNEXPIRED TERM FULFILLMENT/VACANCIES
A vacancy shall be declared when the term of office of a school Director expires, when a Director changes residency from the municipality from which elected, upon the death of a Director, when a Director resigns, or, when a Director is absent without excuse for three (3) consecutive meetings. The Board of Directors shall notify the municipal officers of the municipalities within the district before the annual town meetings or before regular city elections of the vacancies. The municipal officers shall then select an interim Director to serve until the next election.
Legal Reference: 20-A MRSA ¤ 1254
Adopted: April 8, 2003
BOARD MEMBER CODE OF ETHICS
Having accepted the challenge of service on this School Board, I accept the principles set forth in the following code of ethics to guide me in helping to provide free public education to all the children of my school unit within the State of Maine.
A. I will view service on the School Board as an opportunity to serve my community, state, and nation because I believe public education is the best means to promote the welfare of our people and to preserve our democratic way of life.
B. I will at all times think of children first and base my decisions on how they will affect children, their education, and their training.
C. I will make no disparaging remarks, in or out of the Board meetings, about other members of the Board or their opinions.
D. I will remember at all times that as an individual I have no legal authority outside the meetings of the Board, and that I will conduct my relationship with the school staff, the local citizenry, and all media of communications on the basis of this fact.
E. I will recognize that my responsibility is not to operate the schools but to see that they are well operated.
F. I will seek to provide education for all children in the community commensurate with their needs and abilities.
G. I will listen to all citizens but will refer all complaints to the proper authorities, and will discuss such complaints only at a regular meeting after failure of administrative solution.
H. I will support a decision graciously once it has been made by the majority of the Board.
I. I will not criticize employees publicly, but will make such criticism to the Superintendent for investigation and action, if necessary.
J. I will make decisions openly after all facts bearing on a question have been presented and discussed.
K. I will refuse to make promises as to how I will vote on a matter that should properly come before the Board as a whole.
L. I will not discuss the confidential business of the Board in my home, on the street, or in my office, the place for such discussion being the School Board meeting.
M. I will confine my Board action to policy making, planning, and appraisal, leaving the administration of the schools to the Superintendent.
N. I will welcome and encourage cooperation and participation by teachers, administrators, and other personnel in developing policies that affect their welfare and that of the children they serve.
O. I will endeavor at all times to see that schools have adequate financial support within the capabilities of the community and state, in order that every child may receive the best possible education.
P. I will resist every temptation and outside pressure to use my position as a School Board member to benefit myself or any individual or agency apart from the total interest of the school unit.
Q. I will endeavor to attend every regular and special Board meeting recognizing that my presence means representation for my town or city. If I find that this is not possible for an extended length of time, I will give consideration to resigning from my position on the Board.
R. I will recognize at all times that the School Board of which I am a member is an agent of the state, and as such, I will abide by the laws of the state and the regulations formulated by the Maine Department of Education and by the State Board of Education.
Adopted: April 10, 1990
Revised: April 8, 2003
BOARD MEMBER CONFLICT OF INTEREST
A Board member shall not have any direct or indirect financial interest (as defined by law) in a contract with the school unit, nor shall he/she furnish directly any labor, equipment, or supplies to the unit.
In the event that a Board member is employed by a corporation or business, or has a secondary interest in a corporation or business which furnishes goods or services to the schools, the Board member shall declare his/her secondary interest and refrain from debating or voting upon the question of contracting with the company.
It is not the intent of this policy to prevent the school unit from contracting with corporations or businesses because a Board member is an employee of the firm. The policy is designed to prevent the placing of Board members in a position where their interest in public schools and their interest in their places of employment (or other indirect interest) might conflict, and to avoid appearances of conflict of interest even though such conflict may not exist.
A Board member may not, during the time the member serves on the Board and for one year after the member ceases to serve on the Board, be appointed to any civil office of profit or employment position which has been created or the compensation of which has been increased by the action of the Board during the time the member serves on the Board.
A member of the Board or spouse of a member may not be an employee in a public school within the jurisdiction of the Board to which the member is elected, or in a contract high school or academy located within a supervisory union in which the member is a representative on the union committee.
A member of the Board, or spouse of a member, may not serve as a volunteer when that volunteer has primary responsibility for a curricular, co-curricular or extracurricular program or activity and reports directly to the Superintendent, principal, athletic director or other school administrator in a public school within the jurisdiction of the Board to which the member is elected, or in a contract high school or academy located within a supervisory union in which the member is a representative on the school committee.
Volunteer activities of a member of the Board or member's spouse, other than in roles that are prohibited by this section, may be prescribed by policies developed and approved by the Board.
For the purposes of this policy, the following statutory definitions apply:
A. "Employee" means a person who receives monetary payment or benefits, no matter the amount paid or hours worked, for personal services performed for a school administrative unit.
B. "Volunteer" means a person who performs personal services for a school administrative unit without monetary payments or benefits of any kind or amount.
Legal Reference: 17 MRSA ¤ 3104
20-A MRSA¤¤ 1002 et seq.; 1051
30-A MRSA ¤¤ 2251; 2604 et seq.
Adopted: April 8, 2003
NEPOTISM
It shall be the policy of the Board not to employ personnel to the staff of the school unit when the candidate is a member of the immediate family of a Board member or of the Superintendent. Immediate family, except spouses, employed by the school unit as of the date of policy adoption, will be excluded from this policy.
No person shall be employed in a position that is within the jurisdiction of an administrative officer who is a member of the immediate family of such person, nor shall any person be employed in a position where a member of the immediate family is responsible, in whole or in part, for the supervision and/or evaluation of the employee.
Whenever a member of the immediate family of any employee is hired, the Board shall be notified of the relationship.
The Board may approve an exception to this policy where the Board determines that granting of such exception is in the best interest of the school system.
For the purpose of this section, the following definitions shall apply.
A. "Administrative Officer" shall mean any person who holds a supervisory position of principal or higher rank.
B. "Member of immediate family" shall mean spouse, brother, sister, parent, son or daughter.
Legal Reference: 20-A MRSA ¤ 1002
Adopted: April 8, 2003
BOARD ORGANIZATIONAL MEETING
Reorganization shall be effected at the regular meeting of the Board in April. At this meeting, there will be an election for the ensuing year of a Chair and Vice-Chair.
The meeting will be called to order by the Superintendent, who shall preside until such time as the Chair is elected. Nominations shall be made from the floor and, if more than one candidate is nominated, election shall require a majority of the weighted vote (500). Should no candidate receive a majority vote, the election shall be declared null and void and nominations reopened.
Following the election, the Chair shall preside during the election of the Vice-Chair and remaining business. The Vice-Chair shall be elected by the same method as the Chair.
Removal of the Chair or Vice-Chair prior to the next reorganizational meeting shall require a 3/5 weighted vote of the Board.
At the reorganizational meeting, the Board Chair shall appoint members of the Board to standing committees. Each committee shall elect its own Chair. The Board Chair shall appoint members of the Board to any advisory/temporary committees. All committees shall be comprised of less than a majority of the Board.
The Board shall elect members to serve on the negotiations committee and in representative capacity to vocational-technical, regional, and other boards and/or committees requiring District representation.
Legal Reference: 20-A MRSA ¤ 1251
Cross Reference: BDB - Board Officers
BDE - Board Standing Committees
Adopted: April 10, 1990
Revised: April 8, 2003
BOARD OFFICERS
Duties of the Chair
The Chair shall preside at all meetings of the Board and shall perform other duties as directed by law, Maine Department of Education rules, and by this Board. In carrying out these responsibilities, the Chair shall:
A. Sign the instruments, acts, and orders necessary to carry out state requirements and the will of the Board;
B. Consult with the Superintendent in the planning of the Board meeting agendas;
C. Confer with the Superintendent on crucial matters which may occur between Board meetings;
D. Appoint subcommittees and serve as an ex-officio member of all such committees;
E. Call special meetings of the Board as necessary;
F. Be the public spokesperson for the Board at all times except as this responsibility is specifically delegated to others; and
G. Preside at and be responsible for the orderly conduct of all Board meetings.
As presiding officer at all meetings of the Board, the Chair shall:
A. Call the meeting to order at the appointed time;
B. Announce the business to come before the Board in its proper order;
C. Enforce the Board's policies relating to the order of business and the conduct of meetings;
D. Explain, as appropriate, what the effect of a motion would be;
E. Restrict discussion when a motion is before the Board;
F. Put motions to a vote and announce the vote result.
The Chair shall have the right, as other Board members have, to offer motions, discuss questions, and vote.
Duties of the Vice-Chair
In the absence of the Chair, the Vice-Chair shall perform all the duties of the Chair.
Duties of the Secretary
The Superintendent shall serve as Secretary of the Board, with the right to speak on all questions and offer recommendations. The Secretary shall be responsible for ensuring that records are kept of all business transacted by the Board at both regular and appropriately called special meetings, and shall perform such other functions as are ordinarily functions of this office.
Legal Reference: 20-A MRSA ¤ 1055 (ALL)
20-A MRSA ¤ 1251.5, 7 (MSAD)
20-A MRSA¤ 1651, 2 (CSD)
Cross Reference: BB - School Board Legal Status
Adopted: April 8, 2003
BOARD-SUPERINTENDENT RELATIONSHIP
The Board believes that exercising its legislative function through policymaking is its most important responsibility. The Board is also responsible for setting the direction for the school unit and evaluating progress toward goals.
The management of the schools is the function of the Superintendent. The Board holds the Superintendent responsible for complying with all applicable laws, rules and regulations; for administering Board policies and decisions; for the operation of the schools and educational program; for the system of supervision and evaluation of staff; and for keeping the Board informed about school operations, problems and opportunities. The Board recognizes that the Superintendent may delegate certain responsibilities to other personnel. Such delegation does not relieve the Superintendent of the final responsibility for actions taken.
The Board, collectively and as individual members, shall:
A. Recognize the Superintendent as the educational leader of the school unit;
B. Provide direction for the Superintendent through written policies, objectives and goals for the school unit;
C. Give the Superintendent full administrative authority and support for properly discharging his/her professional duties, while holding him/her responsible for acceptable results;
D. Hold all Board and committee meetings in the presence of the Superintendent, except as otherwise permitted by law or when the Superintendent voluntarily excuses him/herself or at the request of the Board.
E. Refer complaints, criticisms, and requests to the Superintendent or other appropriate personnel and discuss them at Board meetings only after administrative solutions have been exhausted; and
F. Evaluate the Superintendent and provide appropriate opportunities for the Superintendent to share his/her perceptions regarding the working relationship between the Board and Superintendent.
Legal Reference: 1 MRSA ¤ 401 et seq.
20-A MRSA ¤¤ 1001 et seq.; 1051 et seq.; 13201; 13301
Cross Reference: BBA - School Board Powers and Responsibilities
BCA - Board Member Code of Ethics
CB - School Superintendent
CB-R - Superintendent Job Description
CBI - Evaluation of the Superintendent
Adopted: April 10, 1990
Revised: April 8, 2003
BOARD STANDING COMMITTEES
The Board shall authorize the establishment of such standing committees from among its membership as it finds necessary to study operations in specific areas and to make recommendations for Board action. The following rules will govern the appointment and function of such committees.
A. The committee shall be established through action of the Board, which shall require a majority vote (500 weighted votes).
B. The committee members shall be appointed by the Board Chair, and each committee shall elect its own Chair.
C. The committee shall be provided with a list of its specific functions and duties.
D. The committee may make recommendations for Board action, but it may not act for the Board.
E. The Board Chair and Superintendent shall be ex-officio members of all standing committees.
F. All standing committees shall be dissolved at the end of the Board's year÷at an annual organizational meeting÷unless they are specifically reappointed. They may be dissolved at any time by a vote of the Board.
All standing committee meetings are open to the public except as provided in the Freedom of Access law.
Standing committees shall be composed of less than a majority of the membership of the Board.
The following committees are specifically designated as standing committees of the Board:
1. Negotiations
2. Policy Committee
3. Budget/Finance Committee
4. Curriculum Committee
5. Communications Committee
6. Personnel and Student Relations Committee
7. Transportation, Building and Grounds Committee
Legal Reference: 1 MRSA ¤ 401 et seq.
Adopted: April 10, 1990
Revised: April 8, 2003
ADVISORY COMMITTEES TO THE BOARD
Advisory committees will be appointed at the pleasure of the Board when there is a specific function to be performed. Such committees are appointed to advise the Board and not to take action for the Board.
The Board will seek the advice of the Superintendent before establishing or dissolving any advisory committee. The composition of each advisory committee, the number of committee members, and the selection of members will be determined by the Board in consultation with the Superintendent, based upon the particular function of the committee.
Each advisory committee shall be instructed in writing as to:
A. The specific topic(s) for study and/or the scope of activity;
B. The composition of the committee; the committee shall elect their own chair
C. The role of the committee being advisory only;
D. The resources the Board will provide to assist the committee in completing its task;
E. The timeline for reports to the Board and/or other expected activities;
F. The time and place of the first meeting;
G. The expectations regarding the committee's relationships with the Board, the Superintendent and the school staff;
H. Who will be responsible for providing public information concerning the committee and its work; and
I. The date on which the Board wishes to receive a final report and/or dissolve the committee. No committee shall continue for a prolonged period without a specific assignment.
All advisory committee meetings are open to the public except as provided in the Freedom of Access law.
The Board shall have the sole authority to dissolve any advisory committee at any time.
Any advisory committee mandated by state statute or Department of Education regulation may be exempt from any or all of the requirements of this policy. Any such exemptions shall be identified and approved by the Board.
Legal Reference: 1 MRSA ¤ 401 et seq.
Cross Reference: BEC - Executive Sessions
Adopted: April 8, 2003
SCHOOL ATTORNEY/LEGAL SERVICES
The Board recognizes that the increasing complexity of school unit operations frequently requires procurement of professional legal services. Therefore, the Board shall designate an attorney and/or law firm to provide such services on an ongoing basis. The school attorney(s) shall be admitted to practice law in Maine. The Board reserves the right to obtain legal services outside of its designated attorney/law firm as deemed appropriate.
A decision to seek legal advice or assistance on behalf of the school unit shall normally be made by the Superintendent or Board Chair in accordance with Board policy and when an obvious need exists. Such services may also be obtained as a consequence of a formal vote of the Board.
Legal services required by the school unit may include, but not be limited to:
A. Providing general legal advice to the Board and/or administration;
B. Assisting with labor negotiations;
C. Assisting with personnel matters;
D. Assisting with expulsions and other student disciplinary matters;
E. Conduct and/or assist with pending or actual litigation involving the school unit;
F. Other specialized legal services; and
G. Attendance at Board meetings or other activities as appropriate.
Many types of legal services are considered routine and do not require specific Board approval. However, when the Superintendent concludes that the potential for significant legal expenditure exists or under other unusual circumstances, he/she shall inform the Board at an appropriate point in the process. The Board may take action on such matters as appropriate.
Adopted: April 8, 2004
SCHOOL BOARD MEETINGS
Regular Meetings
The School Board will hold regular business meetings on the second Tuesday of each month, except for the month of July.
Special Meetings
A special meeting may be called by the Chair or, in the absence of the Chair, by the Vice-Chair of the Board at his/her discretion, at the request of the Superintendent, or at the request of any three members of the School Board. No business shall be transacted except that for which the meeting is called.
Emergency Meetings
An emergency meeting is any meeting called with fewer than four days notice. Such a meeting may be called by the Chair, or in the absence of the Chair by the Vice-Chair, at the request of the Superintendent. No business shall be transacted except that for which the meeting is called.
Executive Sessions
Executive sessions of the Board shall be called in accordance with state law and at such time and place as required for discussion of matters permitted by statute. No final action may be taken on topics while in executive session; all actions of the Board are required by law to be in a public meeting.
Legal Reference: 1 MRSA ¤ 403 et seq.
20-A MRSA ¤ 1001
Cross Reference: BBD - School Board Declared Vacancy Caused by Absenteeism
BEC - Executive Sessions
BEDA - Notification of Board Meetings
BEDG - Minutes
Adopted: April 10, 1990
Revised: April 8, 2003
SCHOOL BOARD USE OF ELECTRONIC MAIL
Use of electronic mail (e-mail) by school board members should conform to the same standards of judgment, propriety and ethics as other forms of school board-related communication. Board members shall comply with the following guidelines when using e-mail in the conduct of board responsibilities:
A. The School Board shall not use e-mail as a substitute for deliberations at Board meetings or for other communications or business properly confined to Board meetings.
B. Board members should be aware that e-mail and e-mail attachments received or prepared for use in board business or containing information relating to board business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law.
C. Board members shall avoid reference to confidential information about employees, students or other matters in e-mail communications because of the risk of improper disclosure. Board members should comply with the same standards as school employees with regard to confidential information.
Legal Reference: 1 MRSA ¤ 401 et seq.
20-A MRSA ¤ 6001-6002
20 USC ¤ 1232g
Cross Reference: GBJ - Personnel Records and Files
JRA - Student Educational Records
Adopted: April 8, 2003
EXECUTIVE SESSIONS
Except as provided by law, all meetings of the School Board shall be open to the public, and all persons shall be permitted to attend the meetings. The Board may hold executive sessions upon recorded vote of 3/5 of the members present and voting, and any motion to go into executive session shall indicate the nature of the business of the executive session. Deliberations may be conducted in executive sessions only on those matters defined in the law. No final action shall be taken in executive session.
By its very nature, the subject matter of executive sessions is highly confidential. It is expected that all parties to such discussions will respect the need for confidentiality.
Legal Reference: 1 MRSA ¤ 401 et seq.
Cross Reference: BE - School Board Meetings
BEC-E - Executive Session Law
Adopted: April 10, 1990
Revised: April 8, 2003
EXECUTIVE SESSION LAW
I. To Enter Executive Session, a Board Must:
A. Start with a public meeting;
B. Have a public recorded vote of 3/5 of members present and voting; and
C. State the precise nature of business in motion to enter executive session. The nature of each matter must be stated if more than one. When labor contracts are the subject of an executive session, the parties must be named.
II. Restrictions During Executive Session
A. Only matters stated in the motion may be considered.
B. No official actions shall be finally approved.
C. No public record shall be kept.
III. Items Which May Be Discussed In Executive Session
A. Discussion or consideration of employment, appointment, assignment, duties, compensation, evaluation, resignation, disciplining, promotion, demotion or dismissal of public officials, appointees or employees or the investigation of charges or complaints against persons, subject to the following conditions:
1. Only when public discussion could be reasonably expected to cause damage to the reputation or violate the individual's right to privacy;
2. Person charged or investigated has right to be present;
3. Person charged or investigated may request in writing that the investigation be conducted in open session. Such requests must be honored; and
4. Any person bringing charges shall be permitted to be present (does not specify participation).
B. Discussion or consideration of suspension or expulsion of a student, the cost of whose education is paid from public funds. The student and legal counsel (and parents or guardian if student is a minor) shall be permitted to be present if student, parents or guardian so desire.
C. Discussion or consideration of the condition, acquisition or the use of real or personal property only if premature disclosure would prejudice the bargaining position of the body or agency.
D. Board discussion of labor contracts and proposals and meetings may be held in executive session. (Negotiations between the representatives of a public employer and public employees are closed unless opened by agreement of both parties.)
E. Consultations between a body or agency and its attorney concerning legal rights, pending litigation, and settlement offers, when premature public knowledge would give the Board substantial disadvantage.
F. Discussion of records made, maintained or received by the body or agency, when access by the general public is prohibited by statute.
Legal Reference: 1 MRSA ¤ 405
Cross Reference: BEC - Executive Sessions
Adopted: April 10, 1990
Revised:April 8, 2003
NOTIFICATION OF BOARD MEETINGS
It shall be the policy of the Board to announce all meetings publicly. Except in the event of rare emergencies, such announcement will be made by the Superintendent/designee in ample time to allow public attendance and shall be disseminated in a manner reasonably calculated to notify the general public.
Whenever possible, Board members shall receive notice of special or emergency meetings at least 24 hours in advance. Such notice shall include the date, time, location and purpose of the meeting. The Superintendent/designee shall, whenever practical, notify local representatives of the media by the same or faster means as used to notify Board members.
Legal Reference: 1 MRSA ¤ 401 et seq.
Cross Reference: BE - School Board Meetings
Adopted: April 8, 2003
AGENDA PREPARATION AND DISSEMINATION
The Superintendent, in cooperation with the Board Chair, shall prepare an agenda for each meeting. Board members, school staff and members of the public may submit written requests that items be placed on the agenda a minimum of 10 days prior to the meeting. The Superintendent and Chair shall make the final decision regarding placement of items on the agenda.
Agendas and supporting information will be distributed to each Board member no later than five days before a regular meeting.
Copies of the regular meeting agenda will be posted in the schools and mailed to the press and designated school-affiliated organizations at the same time it is sent to Board members. Other interested parties may have regular agenda sent to them upon written request and payment of printing and mailing costs. Copies of the agenda may also be obtained at the regular meeting or the Superintendent's Office prior to the regular meeting.
Cross Reference: BEDBA - Agenda Format
Adopted: April 10, 1990
Revised: March 8, 1994; April 8, 2003
AGENDA FORMAT
The order of business at regular School Board meetings shall be as follows:
A. Call to Order
B. Attendance
C. Consideration of the Minutes
D. Public Forum (limited to 30 minutes)
E. Adjustments to the Agenda
F. Educational Reports
G. New Business
H. Committee Reports
I. Administrative Reports
J. Chair's Report
K. Superintendent's Report
L. Adjournment
The order of business may be altered or items added or deleted from the agenda by a 2/3 vote of Board members present.
Cross Reference: BEDB - Agenda Preparation and Dissemination
Adopted: April 10, 1990
Revised: March 8, 1994; April 8, 2003
QUORUM
Ten members present and totaling at least 500 weighted votes shall constitute a quorum for the purpose of taking Board action.
Legal Reference: 20-A MRSA ¤ 1257
Adopted: April 10, 1990
Revised: April 8, 2003
RULES OF ORDER
Except as otherwise provided by law, by regulations of the Department of Education, or by Board policy, Robert's Rules of Order, Revised (latest edition available) shall be used to resolve procedural uncertainties.
Adopted: April 10, 1990
Revised: April 8, 2003
VOTING METHOD
A motion shall be declared "Carried" upon the affirmative vote of the majority of the members present, unless otherwise required by law or Board policy.
All votes shall be recorded in the minutes.
Voting shall ordinarily be by a show of hands. If a vote by show of hands differs by fewer than three votes, a documented weighted vote shall be required. If the difference is three or greater, the Chair shall declare the vote unless documentation of a weighted vote is requested by any member of the Board. The votes of members shall be weighted in accordance with policy BB.
Voting shall be done by roll call at the discretion of the Chair or at the request of any Board member. When voting by roll call, the names of the members shall be called alphabetically and each member shall respond "Yes," "No," or "Not Voting." All votes shall be recorded in the minutes.
At each and every call of a vote, each member is free to vote his mind without restraint from previous voting or abstention.
Maine public officials are obliged to vote openly. Therefore, the Board will not use secret ballots at any time.
Cross Reference: BEDFA - Abstentions
BEDC - Quorum
Adopted: April 10, 1990
Revised: March 8, 1994; April 8, 2003
ABSTENTIONS
An abstention is a non-expression and cannot be considered a vote in favor of or against a motion.
Each member of a public body has the duty to express a choice or preference by voting on the issues, but can legally abstain from doing so when there is a statutory or ethical conflict of interest. Not to vote is to abstain.
Abstentions are intended for situations where a member may have a direct or indirect financial interest in the matter being voted on.
Legal Reference: 30 MRSA ¤ 2605 et seq.
Cross Reference: BCB - Board Member Conflict of Interest
BEDF - Voting Method
Adopted: April 10, 1990
Revised: April 8, 2003
MINUTES
The Superintendent, in his/her function as Board Secretary, shall keep accurate records of all meetings of the Board. Minutes of all meetings shall be mailed to all Board members and made available to the public.
The minutes of each meeting shall reflect the names of the members present, those absent with excuse (if any), and those absent without excuse (if any).
Legal Reference: 20-A MRSA ¤ 1055
Cross Reference: BBBDA - Board Declared Vacancy Caused by Absenteeism
Adopted: April 8, 2003
PUBLIC PARTICIPATION AT BOARD MEETINGS
Regular, special and emergency meetings of the Board are open to the public. The Board, the elected representative body of the school unit, will provide appropriate opportunities for citizens to express interests and concerns related to the matters under consideration by the Board. The public is cordially invited to attend and participate in Board meetings as set forth in this policy.
The intent is to allow a fair and adequate opportunity for the public to be heard, to provide adequate time for the Board to obtain necessary information on subjects before it, and to ensure that the time allowed for public discussion does not interfere with the fulfillment of the scheduled agenda.
Board meetings are conducted for the purpose of carrying on the official business of the school system. The meetings are not public forum meetings, but are meetings which are held for the Board to do its business in public. The minutes of each public meeting record the actions taken and show how the Board voted on each item presented for action. Minutes are available to the public during normal business hours in the Office of the Superintendent.
Orderly conduct of a meeting does not permit spontaneous discussion from the audience, nor among Board members. Public participation shall be limited to time periods designated on the Board's agenda.
In order that the Board may fairly and adequately discharge its overall responsibilities, citizens or groups wishing to address the Board on a topic not otherwise on the agenda must submit a request in writing to the Superintendent at least ten days in advance of the scheduled meeting. The Superintendent and/or Board Chair may add the item to the agenda at their discretion.
An agenda shall be published in advance of each meeting in accordance with Board policy. Copies will be posted and/or available prior to regular meetings, on the district web site, in school offices, in faculty rooms, in town offices, and in the superintendent's office. Anyone desiring additional information about an agenda item should direct such inquiries to the Office of the Superintendent.
The following ground rules shall guide public participation at meetings.
A. Citizens of the school unit, employees and others with a legitimate interest in the Board's business are welcome to participate as provided in this policy. Others may be recognized to speak at the Board's discretion. Individual employees and/or employee groups will not be permitted to discuss matters for which other, more appropriate forums are provided.
B. The Chair may limit the time allotted for comments on a particular topic as well as the time each individual may speak.
C. In the event of a sizeable audience, the Chair may require persons interested in speaking to sign up so they may be called on in the most expedient order.
D. All speakers must identify themselves as they begin talking. Speakers are not permitted to share gossip, make defamatory comments, or use abusive or vulgar language. The Chair has the authority to stop any presentation which violates the public participation guidelines or the privacy rights of others. Persons who disrupt the meeting may be asked to leave, and the Chair may request law enforcement assistance if necessary to restore order.
E. Constructive comments, suggestions and questions are welcomed and given consideration by the Board. All speakers are to address the Chair and direct questions or comments to particular Board members or the Superintendent only with approval of the Chair. The Chair may, at his/her discretion, refer questions to the Superintendent to address at a later time.
F. Members of the Board and the Superintendent may ask questions of any person who addresses the Board but are expected to refrain from arguing or debating issues. Questions must be addressed through the Chair.
G. No complaints or allegations will be allowed at Board meetings concerning any person employed by the school system. Personal matters or complaints concerning student or staff issues will not be considered in a public meeting but will be referred through established resolution procedures.
H. In order to make efficient use of limited time, the Board discourages duplication or repetition of comments to the Board. The Board requests that groups or organizations be represented by designated spokespersons.
Legal Reference: 1 MRSA¤ 401 et seq.
Cross Reference: BEC - Executive Session
BEDA - Notification of Board Meetings
BEDB - Agenda
BEDC - Quorum
BEDD - Rules of Order
BEDG - Minutes
Adopted: April 10, 1990
Revised: April 8, 2003
BOARD RELATIONS WITH THE MEDIA
The Board believes that it has a responsibility to keep the public informed about the operations, programs, progress, and problems of the public schools. Consequently, Board meetings are open to the news media and public. In the event that representatives of the news media are unable to attend a meeting, upon request, the Superintendent shall provide a summary of important Board actions.
Public documents, as defined by state statute, will be made available as provided by statute and the school unit's procedures. Requests should be made to the Office of the Superintendent.
When individual Board members receive requests from news media representatives for information or comment, they shall refer such inquiries to the Board Chair who shall be public spokesperson for the Board.
Legal Reference: 1 MRSA ¤ 402
Cross Reference: KI - Visitors to the Schools
Adopted: April 8, 2003
ADJOURNMENT OF BOARD MEETINGS
Meetings of the School Board shall be adjourned by 10:30 p.m. except when a motion to continue past this hour has been carried by a two-thirds (2/3) vote of the Board members in attendance. It is also intended that a topic started before the 10:30 p.m. curfew may be continued beyond that point.
Adopted: April 8, 2003
SCHOOL BOARD POLICY PROCESS
The School Board considers policy development its chief function.
It is the intent of the School Board to develop written policies to serve as the framework for the successful and efficient functioning of the school unit.
The School Board accepts the definition of policy set forth by the National School Boards Association:
School Board policies are statements that set forth the purposes and prescribe in general terms the organization and program of a school system. They create a framework within which the Superintendent and the staff can discharge their assigned duties with positive direction. They tell what is wanted. They may also indicate why and how much. Policies should define clearly the goals and objectives of the school system, allow for the flexibility that is vital in day-to-day operations, reflect the board's vision, define roles and responsibilities (who is supposed to do what), and include measurable outcomes.
It is the School Board's intention that its policies serve as sources of information and guidance and direction for people who are interested in or connected with the schools.
The policies of the school unit are framed and are meant to be interpreted in terms of federal and state statutes, rules of the State Board of Education and Department of Education and other regulatory agencies within the local, county, state and federal government. The policies are also framed and are meant to be interpreted in terms of those educational objectives, procedures and practices which are broadly accepted by leaders and authorities in the public education field.
Changes in needs, conditions, purposes and objectives will require revisions, deletions and additions to the policies of the current School Board and those of the future. The School Board will welcome suggestions for ongoing policy development.
The development of draft policies shall be the responsibility of the Superintendent.
Action on School Board policy proposals will be taken by the Board.
Cross Reference: BG-R - Policy Adoption Procedure
Adopted: April 10, 1990 Revised: April 8, 2003
POLICY ADOPTION PROCEDURE
The following procedure shall be used to adopt, review, revise or delete School Board policies:
A. The Policy Committee is charged with reviewing and recommending all policies/policy changes to be considered by the Board.
1. Individual Board members, other standing committees, the Superintendent, or other interested party should submit policy suggestions and concerns to the Policy Committee.
2. The Policy Committee, together with the Superintendent, shall have the responsibility to review and research each suggestion in accordance with Board policies, prepare draft policies as appropriate, and make recommendations to the entire Board.
Any School Board member may request that consideration of the adoption, revision, or deletion of a policy be placed on the agenda of any regular meeting if the Policy Committee, after having had full opportunity to consider the member's submitted suggestion, fails to recommend action satisfactory to the member.
3. At an appropriate stage in the process, the Policy Committee shall contact the representative teacher organization to meet and consult regarding any proposed new or changed educational policy.
To the fullest extent practical, the Policy Committee shall also discuss the proposal with other groups affected by the policy.
B. Upon recommendation by the Policy Committee, the first reading of a new policy, revision or deletion of policy shall be placed on the agenda of a regular Board meeting. Board members shall receive the policy and recommendations in advance of the meeting date. Discussion may take place on the substance of the policy proposal, and a formal vote shall be held to acknowledge the first reading of the policy. Any changes to the policy agreed to by consensus or formally adopted amendment shall be made prior to the second reading.
C. At a subsequent regular meeting, more than two weeks and less than eight weeks after the first reading, the policy shall be placed on the agenda for second reading and action. Amendments may be introduced and acted upon. If a main motion to approve the policy is not passed at such a meeting by a majority vote of the whole Board, the process for that policy is ended.
However, if appropriate, further consideration of the policy may be tabled to a specific date. A policy shall be accepted or rescinded by a vote of a majority of members present.
D. Immediately upon approval, policies/revisions/deletions shall be disseminated. Policies deleted and changed shall be recalled. The Superintendent/designee shall ensure that all policy manuals are kept up-to-date.
Legal Reference: 26 MRSA ¤ 965.1,C
Cross Reference: BG - School Board Policy Process
CHD - Administration in the Absence of Policy
Adopted: April 10, 1990
Revised: April 8, 2003
BOARD COMMUNICATIONS WITH STAFF
A clear understanding of responsibilities and relationships between and among the Board and school personnel is essential for a smoothly running and efficient school system. It should be remembered that the Board, school administrators, teachers and all others responsible for any phase of the work of the school system have a common and basic responsibility÷the welfare of the children in the schools. This responsibility must guide all of the Board's considerations and decisions.
Board and Superintendent
The relationship of the Board and the Superintendent can best be described as one of teamwork. They must function cooperatively as some of their functions are not readily separable. However, the primary functions are separable and should be clearly understood by each. The Board is the legislative body of the school unit. It exercises its mandated management of the schools through the formation of policies.
The Superintendent is the executive officer of the Board and the chief administrative officer. The Board recognizes this and wishes to make this clear to all staff members and to all citizens.
All communications or reports to the Board, or to any committee of the Board, from Principals, supervisors, teachers, or other employees shall be submitted through the Superintendent.
Board and Principal
The School Principal has no direct administrative relations with the Board. His/her relations to the Board are through the Superintendent, for the Board recognizes that the Superintendent is the person to whom it must look for professional leadership within the schools. A spirit of cooperation and mutual helpfulness must prevail between the Superintendent and the Principal if the best results are to be realized. For instance, the Principal and the Superintendent must cooperate in the selection of school staff because the Principal is in the best position to know the kind of person needed for a particular type of service in the school. However, the Principal must make recommendations to the Superintendent and not to the Board. At all times the Principal must remember that all matters which require Board action must be presented to the Board by the Superintendent.
Board and Teachers
The relationship of the teacher to the Board is indirect. The teacher is directly responsible to the Principal and through him/her to the Superintendent, and then to the Board. However, this does not mean that the teacher does not have access to the Superintendent or to the Board. Conditions may arise when direct access may be obtained through channels established for grievances.
Adopted: April 8, 2003
NEW BOARD MEMBER ORIENTATION
In order that newly elected Board members may cast informed votes and function effectively as board members, the Board and Superintendent will extend to them the fullest measures of courtesy and cooperation, and will make every reasonable effort to assist newly elected Board members in understanding the Board's functions, policies, procedures and current issues.
A. In the interim between a new member's election or appointment and his/her assuming office, the Board, through the Superintendent, will invite new members to attend meetings, except those held in executive session, and provide new members with agenda, minutes and reports applicable to those meetings. During the time between election or appointment and the assumption of office, the status of the future-member remains that of a private citizen and not that of an elected or appointed official.
B. The Board, through the Superintendent, will provide new members with copies of appropriate publications, such as the Board policy manual, student handbook(s), collective bargaining agreements and current budget documents.
C. The Board will encourage new members to attend appropriate in-district and out-of-district orientation and/or boardsmanship workshops. Reimbursement for such activities must be approved in advance by the Board Chair, in consultation with the Superintendent, and is subject to the availability of funds.
D. The Chair and Superintendent may schedule and arrange for an orientation session for new Board members as soon as practicable after election or appointment. A reasonable amount of time will be provided for discussion of:
1. The roles and responsibilities of the Board and individual members;
2. Basic operational procedures of the Board;
3. Placement of items on the agenda;
4. The role of committees, subcommittees and advisory committees;
5. How and why executive sessions may be held;
6. What is considered confidential or privileged information;
7. Appropriate responses of an individual member when a request or complaint is made directly to him/her by a student, parent or member of the community;
8. How the Board responds to complaints involving personnel;
9. General information about the school system and its resources;
10. How Board members, in fulfilling their duties, may request information concerning schools and District operations, finances and personnel;
11. How Board members may make arrangements to visit schools and the protocol for such visits;
12. Protocol for dealing with the media; and
13. Other relevant topics.
All Board members will be invited to the orientation session and encouraged to attend. The orientation is intended to serve as a useful review of basic boardsmanship concepts for experienced members, as well as an opportunity to provide information and counsel to new Board members.
Adopted: April 8, 2003
BOARD MEMBER DEVELOPMENT OPPORTUNITIES
Recognizing the value of continuous and life-long learning, the School Board places a high priority on the development of its members' "boardsmanship" skills and on supporting opportunities for in-service education. The purpose of board development is to enhance the quality of education in the school unit and the effectiveness of school unit governance.
Board members need to be well informed and to expand their knowledge of trends and issues affecting education and school governance. In addition, Board members need to develop and reinforce the skills required for effective policy-making, budget planning and communications.
Board members are encouraged to participate in district-sponsored training sessions and/or workshops and in school board or related conferences, seminars, workshops and conventions sponsored by the Maine School Boards Association, the Maine School Management Association, the National School Boards Association and other recognized leaders in education. Board members are also encouraged to be active in leadership opportunities that may be available within regional, state and national associations.
Adequate funds shall be budgeted annually to support Board member development, including participation at meetings, subscriptions to publications that address the concerns of Board members and memberships in school boards associations.
Upon Board approval and within budgetary limitations, reimbursement for travel and necessary expenses will be provided to individual members for activities related to Board development. The Board, on a case-by-case basis, will determine the number of Board members authorized to attend specific meetings, conferences, conventions or other events at the school unit's expense, as warranted by budgetary limitations. Board members may use their own discretion regarding attendance at meetings, conferences, conventions or other events where reimbursement will not be provided by the school unit.
At a Board meeting subsequent to attendance at an educational event, members are encouraged to report briefly to the Board and to the public to share knowledge gained and thoughts on implications for local school governance. Board members are also encouraged to study and share with the Board and Superintendent materials of interest they have collected.
Adopted: April 8, 2003
BOARD MEMBER COMPENSATION AND EXPENSES
A stipend of $20.00 per meeting for each Board member is authorized. This payment will be made for attendance at all regular meetings, assigned committee meetings, and for attendance at special meetings when minutes are prepared and subsequently accepted.
Legal Reference: 20-A MRSA ¤ 1251
Adopted: April 10, 1990
Revised: April 8, 2003