2000
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.
The Board is committed to providing an educational program which enables every child to develop to fullest potential and self-realization in order to contribute meaningfully to our free, democratic pluralistic society.
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 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;
3. 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
4. to evaluate the Board's performance in relation to these goals, and to establish and clarify policies based upon the results of such evaluation;
5. to provide purposeful budgets, necessary buildings and related facilities, and effective administration and supervision.
1 st Reading 6/21/00
2 nd Reading & Adoption 7/5/00
2100
The Board of Education is composed of seven members 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 elected to oversee and direct the functioning of the school district.
The legal status of the Board 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.
Ref : Education Law §§1701; 1702; 1703; 1804(1); 2101(2); 2105
1 st Reading 6/21/00
2 nd Reading& Adoption 7/5/00
SCHOOL BOARD POWERS AND DUTIES
The Board of Education is the governing body of the school district. The Board exercises authority over the district schools in accordance with applicable laws. In fulfilling its responsibilities, the Board:
1. develops educational philosophy and goals;
2. adopts policies, takes action and performs all duties required by law; and
3. strives to provide the optimum education and facilities within the requirements and financial ability of the community.
The Board concerns itself primarily with questions of policy and the appraisal of results achieved in policy implementation. Policy implementation is an administrative task handled by the Superintendent of Schools. The Superintendent and his/her staff are responsible for the effective administration and supervision of the school system.
The Board seeks to maintain and enhance mutual cooperation between the Board and the Superintendent.
Cross-ref : 2111, Board Member Authority
Ref : Education Law §§1604; 1604-a; 1701; 1708; 1709; 1710
1 st Reading 6/21/00
2 nd Reading & Adoption 7/5/00
2110-E
SCHOOL BOARD POWERS AND DUTIES EXHIBIT
The functions of the Board of Education include:
1. Lend cooperative efforts to establish district goals and meet educational objectives.
2. Formulate district policies and evaluate administrative rules and regulations.
3. Evaluate and improve the effectiveness of Board policies.
4. Review, discuss and evaluate the progress of the school system.
5. Discuss and communicate needs of school to community and needs of community to school.
6. Encourage community participation in broad based planning and budget preparation.
7. Plan, review and adopt proposed school budget.
8. Approve all personnel hiring, terminations and relevant changes, upon recommendations of the Superintendent.
9. Negotiate and approve salaries, agreements and contracts for all personnel.
10. Continually maintain the educational objectives through Board action.
Members of the Board of Education have legal authority for the conduct of the district schools only when acting as a body in a properly convened session. Any such authority may be exercised only by a quorum of the full Board at an official public session. All such actions must be included in the minutes of the official public session. Board members have no authority other than that authorized by a majority of the full Board.
Cross-ref : 2110, School Board Powers and Duties
Ref : Education Law §§1604; 1701; 1708; 1709; 1710
Matter of Bruno , 4 EDR 14 (1964)
1 st Reading 6/21/00
2 nd Reading & Adoption 7/5/00
2120
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 of Valley Stream District #13 and the Central High School District .
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
6130, Budget Adoption
Ref : Education Law §§2012; 2013; 2014; 2018; 2018-a; 2019-a; 2031; 2035
1 st Reading 6/21/00
2 nd Reading & Adoption 7/5/00
2120.1
BOARD MEMBER QUALIFICATIONS, CANDIDATES AND CAMPAIGNING
Qualifications
A candidate for the office of member of the Board of Education must be able to read and write, a qualified voter of the district, and 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.
Nominations
Each vacancy is a separate, specific office and a separate petition is required to nominate a candidate to each separate office. 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 2 percent of the voters who voted in the previous election, whichever is greater, and shall state the name and residence of the candidate. Each petition shall be filed with the District Clerk not later than 30 days preceding the Annual Meeting and Election at which the candidates so nominated are to be elected.
In the event of the absence of the District Clerk from the district, nominating petitions are to be received and acted upon by the Alternate District Clerk in the same manner as required of the District Clerk.
The District Clerk will supervise the procedure used to establish the order of names on the ballot. Selection will be made by lot. The Board may reject nominations if the candidate is ineligible or has declared an unwillingness to serve.
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
1 st Reading 11/20/00
2 nd Reading & Adoption 12/20/00
2120.2
Eligibility to Vote
A person shall be qualified and entitled to vote in any school district election and in all matters placed upon the official ballot, if such person is:
1. a citizen of the United States ;
2. at least 18 years of age;
3. a resident within the school district for a period of 30 days preceding the election at which such person desires to vote;
4. qualified to register or is registered to vote in accord with section 5-106 of the Election Law which excludes:
a) those convicted felons who have not been pardoned or had their rights of citizenship restored, those whose maximum sentence of imprisonment has not expired; and/or those who have not been discharged from parole;
b) persons adjudged mentally incompetent by a court; and
5. listed upon current voter registration lists maintained by the local Board of Elections or properly registered to vote within the school district. In such districts, the Board of Education shall appoint a Board of Registration and shall designate the registration place and hours for district residents.
Challenges to voters believed unqualified to vote may be undertaken pursuant to Education Law 2019 provisions. Each annual or special election or meeting shall have an Election Supervisor appointed by the Board. Such supervisor 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, and votes on special propositions. 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.
Each voting machine shall have at least two election workers appointed by the Board in attendance during all voting hours. It shall be the duty of the District Clerk to keep a poll list containing the name and legal residence of each person before such person is permitted to vote.
Entering a voting machine with another person is prohibited, except upon request from a voter, in which case two election inspectors shall be allowed to enter the voting machine with that voter for the sole purpose of assisting that person in the actual manipulation of the voting machine. The election inspectors shall not advise or induce such voter to vote on any proposition or candidate, and the election inspectors shall never reveal the vote(s) recorded by the voter to any other person at any time.
Write-in slots on the ballot are required on the voting machines. Sample Ballots containing the names of nominated candidates will be provided by the Board. Sample and paper ballots will have a blank space 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. There will be as many write-in slots as there are vacancies at the time of election.
The writing in, with a black lead pencil, of a name in the blank space so provided, will sufficiently indicate a vote. The district cannot require a voter to place any other mark beside the name of a write-in candidate, and any such other mark may void the ballot.
Absentee Ballots
The Board provides for 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. 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. The application must be completed and returned, 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.
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;
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 district shall request registration lists from the Board of Elections for those voters whose registration record has been marked “permanently disabled” and shall automatically mail absentee ballots to such voters in advance of each district vote or election.
Ref : Education Law §§2012; 2014; 2018; 2018-a; 2018-b; 2018-c; 2019;
2019-a; 2020; 2025; 2032(2)(e); 2035; 2037; 2603; 2607; 2610; 2613
Election Law §§3-224; 5-106; 5-612; 5-400; 5-406
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 Barto n, 16 EDR 256 (1977)
1 st Reading 12/18/01
2 nd Reading & Adoption 1/29/02
2120.2-E
VALLEY STREAM UFSD THIRTEEN
585 N. Corona Avenue
Valley Stream , NY 11580
APPLICATION FOR ABSENTEE BALLOT
Name of Applicant
Residence of Applicant
The above applicant for an absentee ballot states that he/she is or will be on the day of the next school district election, a qualified voter of Valley Stream UFSD Thirteen, over the age of 18 years, a citizen of the United States, and has or will have resided in the district for 30 days preceding the date of such election.
The above applicant further states that he/she is registered to vote in the district, but will be unable to appear to vote in person on the day of the school district election for which the absentee ballot is requested because he/she is, or will be on such day:
(Please check the applicable line)
A. A patient in a hospital, or unable to appear personally at the polling place on such day because of illness of physical disability;
B. Outside of Nassau County due to business, duties, or studies;
Name/location of business or school
Reason for absence
Dates of absence/location of absence
C. On vacation outside of Nassau County ;
Place of vacation
Dates of absence
D.1 Detained in jail awaiting action by a grand jury or awaiting trial; or
D.2 Confined in prison after conviction for an offense other than a felony.
I hereby declare that the foregoing is a true statement to the best of my knowledge and belief, and I understand that if I make any material false statement in the foregoing statement of application for absentee ballot, I shall be guilty of a misdemeanor.
Date________________ Signature of Voter __________________________________________________
I wish the absentee ballot to be mailed to me at the address below (Please print):
Name:
Address:
IMPORTANT: This absentee ballot application should be received by the district clerk approximately 10 days before the election if mailing is involved (Education Law states at least 7 days before the election). This will allow time for the district clerk to mail the absentee ballot to the voter, and for the voter to vote and mail the completed ballot back to the district clerk. The ballot must be received by 5 p.m. on the day of the election__________________________.
PLEASE RETURN THIS APPLICATION TO THE ABOVE ADDRESS.
Rev. 2001
2125
ELECTION OF MEMBERS TO THE CENTRAL HIGH SCHOOL BOARD OF EDUCATION
As a component district, the Board of Education of Valley Stream School District Thirteen shall elect, by a majority vote of this School Board, three of its members to the Valley Stream Central High School District #1 Board. These three members shall also serve as Trustees on such Board for a period ending with their current terms of office as Trustees of District Thirteen.
1 st Reading 12/18/01
2 nd Reading & Adoption 1/29/02
2150
The Board of Education has the power to fill any vacancy, by a majority vote, which may occur on the Board by reason of death, resignation, removal from office or no longer a resident of the district, or refusal to serve, of any member or officer of the Board.
The following provisions apply for filling any vacancy on the Board:
1. A vacancy may be filled by election within 90 days after it occurs. If not so filled, the District (BOCES) Superintendent may appoint a competent person to fill the vacancy.
2. The Board may instead choose to appoint a qualified person to fill a vacancy with a majority vote.
2. The Commissioner of Education may order a special election for filling such vacancy. When such special election is ordered the vacancy shall not be filled otherwise.
If such vacancy is filled by a district election, it shall be for the balance of the unexpired term; but when such vacancy is filled by appointment, it shall be only until the next annual meeting of the district.
Ref : Education Law §§1709(17); 2113
1 st Reading 12/18/01
2 nd Reading & Adoption 1/29/02
2160
SCHOOL DISTRICT OFFICER AND EMPLOYEE CODE OF ETHICS
The Board of Education recognizes that sound, ethical standards of conduct serve to increase the effectiveness of school Board members and their staff, as educational leaders in their community. Actions based on an ethical code of conduct promote public confidence and the attainment of district goals. The Board also recognizes its obligation to set forth a code of ethics under the provisions of the General Municipal Law, to adopt a code of ethics setting forth the standards of conduct required of all district officers and employees. “Officer” or “Employee” means an officer or employee of the District whether paid or unpaid, including members of the Board of Education, and their professional or non-professional staff and appointees.
Therefore, every officer and employee of the district, whether paid or unpaid, including members of the Board of Education, shall adhere to the following code of conduct:
1. Gifts: An officer or employee shall not directly or indirectly solicit any gift or accept or receive any gift, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him or her in the performance of his or her official duties or was intended as a reward for any official action on his or her part.
However, the Board welcomes and encourages the writing of letters or notes expressing gratitude or appreciation to staff members. Gifts from children that are principally sentimental in nature and of insignificant financial value may be accepted in the spirit in which they are given.
2. Confidential information: An officer or employee shall not disclose confidential information acquired by him or her in the course of his or her official duties or use such information to further his or her personal interest. In addition, he/she shall not disclose information regarding any matters discussed in an executive session of the Board whether such information is deemed confidential or not.
3. Representation before the Board: An officer or employee shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before the school district.
4. Representation before the Board for a contingent fee: An officer or employee shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before the school district, whereby the compensation is to be dependent or contingent upon any action by the school district with respect to such matter, provided that this paragraph shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered.
5. Disclosure of interest in matters before the Board: A member of the Board of Education and any officer or employee of the district, whether paid or unpaid, who participates in the discussion or gives official opinion to the Board on any matter before the Board shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he or she has in such matter. The term “interest” means a direct or indirect pecuniary or material benefit accruing to an officer or employee.
6. Investments in conflict with official duties: An officer or employee shall not invest or hold any investment directly in any financial, business, commercial or other private transaction that creates a conflict with his or her official duties.
7. Private employment: An officer or employee shall not engage in, solicit, negotiate for or promise to accept private interests when that employment or service creates a conflict with or impairs the proper discharge of his or her official duties.
8. Future employment: An officer or employee shall not, after the termination of service or employment with the Board, appear before the Board or any panel or committee of the Board, in relation to any case, proceeding, or application in which he or she personally participated during the period of his or her service or employment or that was under his or her active consideration. This shall not bar or prevent the timely filing by a present or former officer or employee of any claim, account, demand or suit against the district on his or her own behalf or on behalf of any member of his or her family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law.
Distribution of Code of Ethics
The Superintendent of Schools shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the school district. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his or her office or employment. In addition, the Superintendent shall ensure that a copy of Article 18 of the General Municipal Law shall be kept posted in each public building under the district's jurisdiction in a place conspicuous to the district's officers and employees.
Penalties
In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of the Board's code of ethics and its accompanying regulation may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.
Cross-ref : 6700, Purchasing
Ref : General Municipal Law §§800-808
1 st Reading 12/18/01
2 nd Reading & Adoption 1/29/02
2210
BOARD REORGANIZATIONAL MEETING
The Board of Education recognizes its obligation to hold an annual reorganizational meeting. The purpose of the reorganizational 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 shall also perform such annual functions as are designated by law.
The annual reorganizational meeting of the Board of Education shall be held within the first 15 days of July.
Order of Business
1. Call to order by the District Clerk
2. Administer the Oath of Office to newly elected members of the Board
3. Elect and appoint the President and administer the Oath of Office
4. Elect and appoint the Vice-President and administer the Oath of Office
5. Elect and appoint the Alternate Vice-President and administer the Oath of Office
6. Appoint District Clerk, Treasurer, and Attorney and administer the Oaths of Office
7. Appoint Alternate District Clerk and District Treasurer
8. Appoint Internal Claims Auditor, Internal Auditor, and Independent Auditor
9. Elect Board Members to Central High School District Board vacancies
10. Appoint Board Committees (by the President)
11. Designate bank depositories
12. Establish Regular Meeting dates
13. Establish Committee Meeting dates
14. Establish Petty Cash Funds
15. Accept Annual Financial Statement and authorize its publication
16. Appoint school physicians
17. Establish non-resident tuition
18. Establish reimbursable mileage rate for school district business
19. Appoint NYSSBA Delegate and Alternate
20. Approve District participation in the Federal Lunch Program
21. Establish Permanent Board of Registration
22. Appoint BOCES Liaison to Budget Advisory Committee
23. Appoint Records Access and Records Management Officer(s)
24. Establish Committee on Special Education
25. Establish Committee on Preschool Special Education
26. Other Business
Cross-ref: 2310, Regular Meetings
Ref: New York State Constitution, Article XIII, §1
Public Officers Law §§10; 13
Education Law §§1707; 1804(4); 2130
1st Reading November 20, 2000
2nd Reading & Adoption December 20, 2000
1st Reading January 22, 2008
2nd Reading and Re-adoption February 26, 2008
2220
The President and Vice-President of the Board of Education shall be elected by members of the Board at the annual reorganization meeting in July.
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 Board;
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 vote together with other members of the Board;
8. to perform the usual and ordinary duties of the office;
9. to, along with the other members, offer resolutions, and discuss questions.
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. The Vice-President may, upon request of the President, assist in the duties of the President. The Vice-President shall act as chair at all the Committee of the Whole meetings including the annual Budget Hearing.
Duties of the Alternate Vice-President
In the event of an absence or inability of the Vice-President to act, the Alternate Vice-President shall perform the duties of the Vice-President.
In the absence of the President, the Vice-President, and the Alternate Vice-President, the Board member present, with the longest continuous service, will preside at the meetings of the Board.
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
1 st Reading 12/18/01
2 nd Reading & Adoption 1/29/02
2230
District Clerk
The Board of Education shall annually appoint a District Clerk. The District Clerk need not be a resident or qualified elector of the District. The District Clerk shall:
1. Attend all Official Public sessions of the Board and record the actions taken.
2. Attend such Special and Committee Meetings as required by the Board.
3. Maintain a minute book that shall record all the resolutions acted upon as well as other business conducted at Board Meetings.
4. Supervise all proceedings of District Meetings and elections.
5. Provide registration books and supervise registration at all District Meetings and elections.
6. Execute all Documents, such as Notes of District indebtedness, where the signature of the District Clerk is required.
7. Notify all Board Members and Officers of Official Public Sessions or Special Meetings.
8. Notify elected Board Members of their status and terms of Office at the Organization Meeting.
9. Maintain a close working relationship with the Board, its Officers, the Superintendent, and Assistant Superintendent for Business.
10. Maintain a Register of the holders of duly issued District Bonds.
District Treasurer
The Board of Education shall also annually appoint a District Treasurer. Such District Treasurer shall serve until the next Reorganizational Meeting, or until a successor has been appointed. The District Treasurer need not be a resident or qualified elector of the District. The District Treasurer may not be a trustee. The duties of the District Treasurer shall include but not be limited to:
1. Attending the annual reorganization meeting of the Board.
2. Attending such other meetings, as required.
3. Being the legal custodian for filing, keeping, and protecting all financial records and reports of the District. These functions may be performed through the facilities of the Business Office.
4. Maintaining custody of an ongoing cash book which shall contain a record of all receipts and expenditures as required by the Regulations of the Commissioner of Education and by the State Department of Audit and Control, except that the details of keeping such records shall be performed by the Treasurer and Business Office.
5. Reconciling such cash book, monthly, with bank statements and maintaining a detailed record of reconciliation items.
6. Maintaining custody of an ongoing file of vouchers covering payment of all Board-authorized District obligations, except that the details of keeping such a file be performed by the Treasurer and the Business Office.
7. Issuing receipts for all District funds paid to the Treasurer, as required by the Regulations of the Commissioner of Education and by the State Department of Audit and Control.
8. Presenting a written Treasurer’s Report at Official Public Sessions of the Board, showing the balance of funds on hand and available for disbursement at the meeting, total sum of the vouchers to be approved at the meeting, and the balance remaining after disbursement for such vouchers.
9. Anticipating requirements for cash to meet Board-authorized District expenses, receipts of taxes and other revenues, and required borrowing.
10. Investigating sources of loans, obtaining quotations for same, and arranging for such loans as authorized by the Board.
11. Investing, upon authorization of the Board, the surplus funds, if any, when feasible, so as to earn interest thereon.
12. Signing all checks issued in payment of Board-authorized obligations of the District and obtaining all other necessary signatures.
13. Maintaining a close working relationship with the Board, its Officers, the Superintendent, and the Assistant Superintendent for Business.
At the annual reorganizational meeting the Board shall appoint for a period of one year, an alternate District Clerk and alternate District Treasurer who shall be authorized to perform the duties of the District Clerk and District Treasurer, respectively, in the event of the absence, inability to act or resignation of the District Clerk or District Treasurer.
Internal Claims Auditor
The Board of Education shall annually appoint an Internal Claims Auditor. No individual who is a member of the Board of Education, the Clerk or Treasurer of the Board of Education, the District Business Official or Purchasing Agent or anyone directly involved in district accounting and purchasing functions shall be eligible for appointment to this position. The Internal Claims Auditor shall review all warrants and claims against the school district and authorize payment by the District Treasurer.
Ref: Education Law §§902; 2121; 2122; 2130
1st Reading November 20, 2000
2nd Reading & Adoption December 20, 2000
1st Reading January 22, 2008
2nd Reading and Re-adoption February 26, 2008
2240
BOARD-SUPERINTENDENT RELATIONSHIP
The Board will determine the policies governing all activities of the district’s schools in order to guide the administrative decision-making process. In creating these policies it may seek the advice and assistance of faculty, staff employee organizations and community, through the Superintendent of Schools.
The Superintendent will assist the Board in:
1. understanding the functions of each staff member as well as the relationships between and among them;
2. establishing clear lines of communication with staff members and the community;
3. appointing special committees; and
4. furnishing channels so that recommendations of individuals and groups can be heard and reviewed by the appropriate administrator, and when necessary, by the Board.
1 st Reading 11/20/00
2 nd Reading & Adoption 12/20/00
2250
The Board may, at any time, by resolution, establish any committee and define the scope of its responsibility, which action require the President to appoint such a committee. The President shall appoint Board members as necessary to such standing or special committees for expediting business, duties, and responsibilities of the Board.
Each Board member shall be appointed to a standing committee. Board members shall accept committee appointments except for compelling reasons. Committees shall report to the Board and make recommendations for Board action, but shall have no other authority.
All committees shall function until discharged by the Board or until the next reorganizational meeting.
A. Committee of the Whole
The Board shall meet as a Committee of the Whole at the request of any member of the Board or the Superintendent. The Vice-President will serve as chair of this committee. Subsequent meetings on the same subject shall require the approval of the majority of the Board.
B. Standing Committees
(1) Education
(2) Business Administration
(3) Policy Committee
C. Special Committees
The Board President may appoint special (ad hoc) committees from the Board’s membership for study, negotiations, and fact finding as the Board deems necessary.
D. Advisory Committees
The Board may appoint committees to investigate and make recommendations to the Board on specific issues designated by the Board. Such committees may include members of the community and district staff. One Board member may be designated by the President as Board representative to each advisory committee established by the Board.
Cross-ref : 2260, Citizens Advisory Committees
1 st Reading 11/20/00
2 nd Reading & Adoption 12/20/00
2260
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 important matters before the Board which may have special significance for 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).
Cross-ref : 2250, Board Committees
4315.1, AIDS Instruction
4321, Programs for Students with Disabilities
6110, Budget Planning
7810, Closing of Facilities
Ref : Education Law §§4402; 4601
8 NYCRR §135.3(2)
1 st Reading 11/20/00
2 nd Reading & Adoption 12/20/00
2265
SHARED DECISION-MAKING AND SCHOOL-BASED
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, support staff, administrators and the Board in shared decision-making at the building level. This plan specifies:
- the educational issues which will be subject to decision sharing and cooperative planning at the school level;
- the manner and extent of the expected involvement of all parties;
- the means and standards by which all parties will evaluate improvement in student achievement;
- the means by which all parties will be held accountable for the decisions made;
- the process whereby disputes will be resolved at the local level; and
- 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, Support Staff 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 re-certify or amend the plan, as needed. Any amendment or re-certification of the plan will be developed and adopted in accordance with section 100.11 of the Regulations of the Commissioner.
The amended or re-certified 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 .
1 st Reading 11/20/00
2 nd Reading & Adoption 12/20/00
The Board of Education will appoint a School Attorney for the district. The Attorney must be admitted to the bar of New York State. The Attorney will be the legal advisor to the Board.
The district, when seeking to retain a School Attorney, will first locate prospective qualified lawyers/law firms by:
- advertising in trade journals;
- checking listings of lawyers/law firms; or
- making inquiries of other districts or other appropriate sources.
The district will 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:
- the special knowledge or expertise of the lawyer/law firm;
- the quality of the service provided by the lawyer/law firm;
- the staffing of the lawyer/law firm; and
- the lawyer’s/law firm’s suitability for the district’s needs.
The district will maintain documentation of the written proposals submitted by lawyer/law firm applicants for the position of School Attorney.
Cross-ref : 2270.1, Litigation Procedures
1 st Reading 11/20/00
2 nd Reading & Adoption 12/20/00
Open, public meetings of the Board of Education are basic to its operation. All actions of the Board will be taken only when the Board is in official public session. The regular meetings of the Board present opportunities to discuss and evaluate the district’s educational program. The meetings also allow for the expression of public opinion and individual Board member opinion toward consensus making and Board action. The meetings provide an appropriate forum for items of interest or concern to the school and general communities.
The time, dates and place of regular Board of Education meetings will be established at the annual re-organizational meeting and will be published in the calendar and other publications. 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 Superintendent for Business, the Assistant Superintendent for Curriculum and Instruction, the Director of Special Services, Building Principals, and other specified personnel as deemed necessary.
Cross-ref: 2210, Board Re-organizational Meeting
1 st Reading November 20, 2000
2 nd Reading & Adoption December 20, 2000
1 st Reading August 21, 2007
2 nd Reading & re-adoption September 18, 2007
In an effort to anticipate and respond to special circumstances which may arise during district operations, any member of the Board of Education may request a special and/or emergency meeting of the Board. Notice of such meetings will be given at least 24 hours before the date of the meeting to every Board member. Service of notice by mail is sufficient. If less than a week in advance, public notice of the meeting will be given to the extent practicable.
In an emergency, if all Board members are present at a special meeting, the 24 hour notice may be waived by unanimous action. At special meetings the regular rules of procedure apply, including the requirement that minutes be kept. A statement regarding the time of notice and signature of such forms shall be entered in the minutes.
Although the special meeting is ordinarily held to consider a single item of business, by consent of the Board members present, other items of business may be called on the agenda for that meeting. Care should be taken, however, to see that the special Board Meeting does not usurp the place of the regular meetings (see Policy 2310).
Ref : Education Law §§1606; 1708; 2504; 2563
Open Meetings Law, Public Officers Law §§100 et seq.
1 st Reading 11/20/00
2 nd Reading & Adoption 12/20/00
2325
To promote the community of policies relating to common issues which face the Boards of Education of Districts Thirteen, Twenty-Four, Thirty and the Valley Stream Central High School District , this Board endorses the practice of holding joint meetings of the Boards. Regulation 2325-R details the rules and procedures for these meetings.
1 st Reading 12/18/01
2 nd Reading & Adoption 1/29/02
1 st Reading for Re-adoption 10/28/03
2 nd Reading & Adoption 11/25/03
JOINT MEETINGS OF THE BOARDS REGULATION
1. Joint meetings of the Board of Education of Union Free School Districts 13, 24, 30, and Valley Stream Central High School District shall be held from time to time to study common issues. Every effort should be made to arrive at policies in those areas where uniformity or unanimity are considered essential.
2. Joint meetings shall be held when called by the Chairman and at such other times by resolution of any member board.
3. The joint meetings are to be held in the High School district .
4. The chairmanship and vice-chairmanship shall be rotated in numerical order of district designation. These officers shall be designated at the organization meetings of the host district and shall serve during the school year.
5. The District Clerk of the host District, not a board member or an administrator, shall be provided by the district represented by the chairman of the joint meetings.
6. A majority of the trustees of each district must be present for a quorum.
7. Voting shall be by districts, after caucus, with each district having one vote. Majority shall carry. When a matter is carried by majority only, a vote shall be taken to indicate whether the boards will unanimously support the matter.
8. Formal actions requiring individual board approval shall be in the form of recommendation submitted in writing to each board member. Action upon these recommendations should be reported in writing to the chairman of the joint meetings as soon as possible.
9. Order of Business:
a. Roll call
b. Reading of minutes
c. Committee reports
d. Unfinished business
e. New business-topics submitted for discussion
f. Adjournment
10. Items for the agenda, approved by any local board, must be submitted to the chairman in writing at least fifteen days prior to the meeting.
11. Duties of the chairman:
a. Preside at all joint meetings of the boards.
b. Rule on all procedures not specifically covered in these bylaws.
c. Arrange and distribute an agenda to all board members at least ten days prior to a scheduled meeting.
12. The vice-chairman shall preside in the absence of the chairman.
13. Duties of the secretary:
a. Record and distribute the minutes of all joint meetings.
b. Aid in the preparation and distribution of agendas directed by the chairman.
c. Notify all board members in writing of any recommendations approved at the joint meetings.
d. Record all items of unfinished business and see that they are listed for consideration at the next joint meeting.
14. The Superintendents of Union Free School Districts 13, 24, 30, and Valley Stream Central High School District, district business managers, and school district attorneys may attend joint meetings for consultations.
15. It shall be the responsibility of the presidents of the individual school boards to notify the chairman of the joint meetings at least five days prior to a meetings as to whether a quorum can be present.
16. Amendments to these bylaws may be only if proposed in writing and submitted with the agenda.
Revised October 2003
2330
The Board of Education reserves the right, within the constraints of state law, to meet in executive session. 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 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;
7. the preparation, grading or administration of examinations; and
8. 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.
Matters which may only be considered in executive session are:
9. discussions concerning probable cause to bring disciplinary charges against a tenured teacher in accordance with Education Law 3020-a; and
10. discussions concerning the evaluation and/or placement of students with disabilities.
Formal action or vote on matters enumerated in paragraphs 9 and 10 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 of executive sessions will reflect all actions and formal votes taken by the Board in executive session including the manner in which each board member voted, without personally identifying employees or students affected thereby. Rather, the employee or student’s name will be referred to in a confidential attachment.
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 staff and other persons whose presence is deemed necessary or appropriate to attend an executive session or any part thereof.
Emergency executive meetings of the Board may be called by the president at any time without prior written notice.
Ref : Education Law §1708 (3)
Public Officers Law §§100 et seq.
Formal Opinion of Counsel No. 239, 16 EDR 457 (1976)
1 st Reading 12/18/01
2 nd Reading & Adoption 1/29/02
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, written notices of not less than three days, with a copy of the agenda shall be sent to all members of the Board, Superintendent of Schools, District Treasurer, Counsel, and to the newspapers of the district. The time, date and place of regular Board meetings is established at the Re-organizational 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
1 st Reading 11/20/00
2 nd Reading & Adoption 12/20/00
2342
BUSINESS AGENDA PREPARATION AND DISSEMINATION
The agenda and preparation for meetings shall be the responsibility of the Superintendent of Schools and the Board of Education 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 Superintendent in advance. The agenda shall always allow for recognition and comments by members of the public. Items of business introduced from the floor 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 Assistant Superintendent, the District Treasurer and others as required. Advance dissemination of the agenda shall be the responsibility of the District Clerk.
1 st Reading 11/20/00
2 nd Reading & Adoption 12/20/00
- Call to order
- Determination of Quorum
- Pledge of Allegiance
- Approval of Minutes of previous meeting(s)
- Report by the Chair or District Clerk on all correspondence
- Report of the Superintendent
- Reports of the Standing Committees
A. Education
B. Business
C. Policy
D. Committee of the Whole
- Report of the Attorney
- Old Business
- New Business
- Recognition of visitors wishing to address the Board
- 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.
Except in emergencies, the Board shall not attempt to decide upon any question under consideration before examining and evaluating relevant information. The Superintendent 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. The minutes shall make notice of the adjournment, and the reconvened session shall be considered an addition to these minutes.
1 st Reading 11/20/00
2 nd Reading & Adoption 12/20/00
2 nd Reading & Adoption 6/22/04
1 st Reading for re-adoption 8/21/07
2 nd Reading and re-adoption 9/18/07
2410
FORMULATION, ADOPTION AND AMENDMENT OF POLICIES
The Board of Education determines, by its actions, the policies and bylaws to be employed in the conduct of the district schools. Formulation of policies and bylaws and the evaluation of results are the principal means by which the Board exercises its leadership in the operation of the district.
Adoption Process
The Superintendent of Schools will be responsible for preparing draft policies or bylaws for Board review. It is the intent of the Board that proposed policies be given careful and deliberate attention prior to adoption. The adoption process shall be as follows:
1. When the content of a policy has been delineated, the Superintendent will have a preliminary draft of the proposed policy prepared.
2. Preliminary drafts will be submitted to all Board members and will be reviewed in committee session(s).
3. A draft of the proposed policy as accepted by the Board committee will be submitted at the next regular meeting of the Board for review and comment. To assure that interested individual or groups are given a reasonable opportunity to advise the Board of their reactions to and feelings about proposed policies, no official Board vote shall take place on a policy adoption, change, or repeal at this meeting.
4. The proposed policy may be considered for adoption at any subsequent meeting of the Board.
5. After due deliberation and formal adoption by the Board, the policy and by-law statements will be maintained in usable form in the Board Policy Manual and will be available for review.
6. Current Board policy will be reviewed and evaluated periodically, pursuant to policy 2460, Policy Review and Evaluation;
Voting
A majority vote of the entire board is required whenever the Board votes to adopt, amend, waive or reject any by-law or policy. Moreover, proper notice of the meeting at which the Board will adopt, amend, waive or reject any by-law or policy must be provided to all Board members.
A majority vote of all Board members is required to change or waive a policy or by-law.
Public Participation
Opportunities will be afforded to persons or groups to make their positions and statements known to the Board on the adoption of any policy or by-law. The Board encourages community members, district employees and students to participate in policy development. The Board directs the Superintendent to establish and maintain procedures to maintain communication among various groups and persons and to consult with district staff and community members on a advisory basis concerning policy development and adoption.
The formal adoption of policies shall be recorded in Board minutes. Only those written statements so adopted and so recorded shall be regarded as official Board policy.
Cross-ref : 2460, Policy Review and Evaluation
Ref : Education Law §§1604(9); 1709(1); 1804
1 st Reading 12/18/01
2 nd Reading & Adoption 1/29/02
2440
ADMINISTRATION IN POLICY ABSENCE
In cases in which action must be taken where the Board of Education has provided no guidelines for administrative action, the Superintendent of Schools shall have the power to act, but his/her decisions shall be subject to review by the Board at its regular meeting. It shall be the duty of the Superintendent to inform the Board promptly of such action and of the need for policy.
1 st Reading 11/20/00
2 nd Reading & Adoption 12/20/00
2450
The Board of Education recognizes the need for widespread familiarity with district policies and regulations, and therefore directs the Superintendent of Schools to implement the following:
1. maintain an updated policy manual that includes appropriate administrative regulations and takes precedence over all previous manuals, and be responsible for its presence at all Board meetings;
2. issue to each Board member, for the duration of his/her term, a complete and updated policy manual in an appropriate binder;
3. ensure that personnel are familiar with Board policies and administrative regulations which affect them, directly or indirectly. The Board requires that all employees sign a statement that they have read and understood policies and regulations contained in the Employee Handbook and are familiar with the policies of the district.
4. disseminate Board policies and manuals to all concerned, as he/she deems appropriate and/or necessary; and
5. place a copy of the Board policy manual in the main office of each school and district offices, to ensure that district policies are available to the public.
6. policies are posted on our District Website at www.Valleystream13.com under the Board of Education link.
1st Reading November 20, 2000
2nd Reading & Adoption December 20, 2000
1st Reading August 21, 2007
2nd Reading and Revision September 18, 2007
1st Reading January 22, 2008
2nd Reading and Re-adoption February 26, 2008
2460
The Board of Education will evaluate the effect of its policies and the manner in which they have been implemented by the administration. In such evaluation, the Board may call upon staff, students and community participation.
The Board directs the Superintendent of Schools to bring to its attention any policy areas in need of revision or new development. The Board shall review the entire manual at least once every three years to ensure that the manual is up-to-date. The Board shall note those policies which must be reviewed even more frequently (e.g., student conduct and discipline, investments and purchasing, which must be reviewed annually).
Board policy may be revised as outlined in Policy 2410, Formulation, Adoption and Amendment of Policy.
Cross-ref : 2410, Formulation, Adoption and Amendment of Policies
Ref : General Municipal Law, §§39; 104-b
8 NYCRR §100.2(1)(2)
1 st Reading 11/20/00
2 nd Reading & Adoption 12/20/00
2510
The Board of Education wishes to ensure that newly elected or appointed members of the Board have access to all the information necessary to function effectively as members of the Board. All newly-elected or appointed Board members will receive, and sign for, specific written materials and be invited to attend specific orientation meetings. A Board library of selected materials is available for new members.
Written materials
The following written materials will be provided to new Board members:
- the Board policy book*
- copies of current contractual agreements with all employee bargaining units*
- copies of individual contracts with district office administrators*
- copy of the agreement between Community Youth Activities, Inc.
DBA Valley Stream Little League and VSUFSD #13
- the district’s operating budget for the current school year and the two previous school years
- the most recent edition of School Law*
- the most recent edition of Robert’s Rules of Order*
- booklet entitled "Statement on the Governance Role of a Trustee or Board Member"
- copies of minutes of Board of Education meetings for past year
- the most recent Superintendent’s annual report
- a copy of the oath of office
A file cabinet will be made available to each board member upon request, and returned at the conclusion of service.
*To be returned upon the conclusion of service
Meetings
New Board members will be invited to attend a meeting (or series of meetings) with the President of the Board and the Superintendent of Schools to discuss Board and district operations. New Board members will also be invited to visit each of the district’s schools to meet with administrators and staff members. New Board members will be encouraged to attend workshops and conferences for new school board members conducted by the New York State School Boards Association and the State Education Department.
Adoption: December 20, 2000
1st Reading: August 24, 2004
Re-adoption: September 28, 2004
1st Reading: April 24, 2007
2nd Reading and Re-adoption: May 22, 2007
Expense Reimbursement Regulations for the Board of Education
-
The District will reimburse Board Members for one National Conference per school year (e.g. ASCD, AASA, NSBA), in addition to any other appropriate state and local conferences as approved by the Board.
- The Board president or his/her designee shall be responsible for the rental of transportation that can accommodate all district conference attendees.
- It is the intent of the Board that, where feasible, Board Members should stay in the same hotel, and that hotel should be at the sight of the convention if possible.
A. Reimbursable Expenses
- 1. Reimbursable expenses include registration, meals and lodging, transportation (Coach class), conference materials and necessary incidental expenses.
- 2. Advance fees such as registration, transportation, hotel and other fees may be paid by purchase order provided the conference request is received in time. No hand drawn checks will be issued for these expenses.
- 3. Lodging is normally in medium range accommodations (consistent with hotel availability and hotel prices).
- 4. There is a daily meal allowance of $100, plus 15-18% gratuity, for overnight conferences.
- 5. Itemized, original receipts for all meals must accompany the reimbursement request. Itemized meal receipts must be submitted with reimbursement claims. Claims must be submitted within ninety (90) days of the event. (Credit card receipts not itemized will not be accepted)
-
6.
Phone calls home are reimbursable to a maximum of one five-minute call per day, reimbursable up to $10.
B. Expenses That Are Not Reimbursable
- 1. Taxi fares other than to and from airport, hotel, meeting sites (when shuttle is unavailable) and meals.
- 2. Alcoholic beverages
- 3. Sightseeing Tours
- 4. Personal expenses such as entertainment, hotel movies, etc.
-
5.
Travel and flight insurance
1st Reading May 25, 2004
2nd Reading & Adoption June 22, 2004