ARTICLE 1 - INTERNAL BOARD POLICIES
Legal Parameters for Policy Making Authority, 1-100
Definition and Process for Development of Board Policies and Regulation, 1-200
Opportunities for Growth in Boardsmanship, 1-300
Board Regulation on Growth in Boardsmanship, 1-300-A
Reimbursement for Conferences, Workshops and Meetings Expense, 1-400
Conflict of Interest and Nepotism, 1-500
Formulation of Administrative Guidelines, 1-600
Board of Education Records, 1-700
Membership in Professional Organizations, 1-800
Legislative Program, 1-900
Indemnification, 1-1000
P1-100: LEGAL PARAMETERS FOR POLICY MAKING BOARD:
DC Act 13-295, "School Governance Charter Amendment Act of
2000" specifies and details the following policy making authority and requirements
for the District of Columbia Board of Education.
Section 495. Board of Education
Sub-Section (4)(A) "The Board of Education shall govern the public schools in the
District of Columbia. The Board shall establish policies, hire and evaluate the
Superintendent who shall be responsible for the day-to-day operation of the public schools
of the District of Columbia. The Board of Education shall have the authority to remove the
Superintendent at any time for cause."
Sub-Section (4)(B) "The Board shall establish personnel policies and guidelines
for the hiring of principals and other personnel by the Superintendent, but shall not have
the authority to make or approve personnel decisions or to negotiate with representatives
of employee organizations."
Sub-Section (4)(C) "The Board of Education shall approve an annual budget for
submission to the Council that is consistent with goals and objectives established by the
Board of Education for the operation of the Public Schools of the District of
Columbia."
P1-200: INTERNAL POLICIES:
Definition and Process for Development of Board Policies and Regulation
POLICIES: Board policies are general principles by which the board and
the administration are guided in the management of the school system. A policy will give
clear guidance to the superintendent as he or she makes decisions, and shall allow
discretion in meeting the circumstances of individual cases.
Board policies may be adopted, amended, repealed or suspended by a
two-thirds vote of the entire board (6). All proposals to adopt, amend, suspend or repeal
board polices must be in writing. Proposals may be submitted at any regular business or
special meeting; a copy must be provided to each board member.
Any proposed policy or policy change shall be immediately referred to
legal counsel for the board who shall review the proposal for consistency with federal
laws and the laws of the District of Columbia.
If the report from counsel is favorable, the proposed policy may be
submitted for adoption by the board in the form of a motion at the next regularly
scheduled business meeting. If seconded, the motion shall be discussed and, unless
amendments are made, the motion to adopt shall be voted upon. If amendments are made to
the motion, the amendments must be voted on prior to consideration of the motion. If the
amendments fail, the next order of business will be a vote on the original motion. Should
the amendments pass, the policy as amended shall be submitted to legal counsel for review.
If the policy receives favorable review by counsel, the policy, as amended, will be voted
on by the board at the next regularly scheduled business meeting.
A board policy, which is adopted, amended or repealed in the method
described above, shall become effective immediately, unless a later effective date is
contained in the language of the policy.
REGULATIONS: Board regulations are statements of specification with
respect to actions required by policies. The regulation may stipulate that which is to be
accomplished, by whom it must be accomplished, the manner in which the required task is to
be accomplished and the time-lines for accomplishment.
Regulations, relative to adopted board policies shall be prepared by
the superintendent of schools, or the superintendent's designee, and shall be presented to
the board for consideration and action. Regulations require a majority vote of the board
at a regularly scheduled business meeting.
Regulations may be amended, repealed or suspended by a two-thirds vote of the entire
board (6) and shall be reviewed by legal counsel prior to presentation to the board.
Regulations shall become effective immediately upon board action, unless a specific later
date is contained in the language of the regulation.
Opportunities For Growth in Boardsmanship
Board members, individually or as a body, may avail themselves of
opportunities for growth in boardsmanship in order to meet their responsibilities as
members of the District of Columbia Board of Education.
A board member who wishes to attend a conference, workshop, meeting,
etc., for the purpose of developing his/her skills in carrying out duties as a member of
the board must request approval from the board for attendance and expenses at a scheduled
regular business, or special board meeting; or, if time-lines do not permit, must apply to
the president of the board for authorization for attendance and expenses with ratification
by the board at the next scheduled regular business or special board meeting. (Consult
Board Regulation R1-300-A)
The board president, on behalf of and in conjunction with the board,
shall coordinate appropriate opportunities for growth in boardsmanship for the full board.
DISTRICT OF COLUMBIA BOARD OF EDUCATION REGULATION
R1-300-A
BOARD REGULATION AUTHORIZING CONFERENCES, WORKSHOPS AND MEETINGS:
Board members requesting authority to attend conferences, workshops and
meetings, requiring expenditure of board funds, must submit all requests to the board
president in writing no less than five days prior to the next board meeting before the
scheduled date of the event.
The board president shall cause the request to be entered on the board
agenda under board business. Authorization for the request shall require majority approval
of board members present.
Unforeseen events and other emergencies affecting timeliness of
request to attend conferences, workshops and meetings:
The board president shall poll the board concerning requests based on
unforeseen events or emergencies, to seek authority from a majority of the board
membership. No board member may be provided emergency authorization more than once each
calendar year. Upon approval of a majority of the polled membership the request is
approved. Subsequently, the request must be resubmitted for formal approval at the next
regularly scheduled board business meeting.
P1-400: Remuneration
Compensation shall be paid to board members as follows:
Board President - $16,000. Per annum
Board Members - $15, 000. Per annum
Reimbursement
Board members, on authorization and approval of the board, may be
reimbursed for actual, reasonable and necessary expenses incurred in the performance of
official duties as board members.
Payment of an expense shall be approved only when it has actually been
incurred by the board member, is reasonable in amount, is necessary to the board member's
performance of his or her official duties, is properly documented, and is to the extent
allowable by the Board's budget. Expenses which do not directly relate to official school
business or which have no direct benefit to the school system, including but not limited
to entertainment expenses, shall be borne by the individual and not the board or the
District of Columbia. In appropriate cases, the designated financial officer is authorized
to advance monies to board members for anticipated expenses. The advance, which shall be
reasonable and shall be based on the average market rate for motel, food, registration and
transportation expenses, shall not be greater than the anticipated expenses. Following the
trip or other activity, the board member shall promptly return all monies not needed and
shall promptly certify and file the necessary expense reports.
Appropriate forms and receipts must be submitted to the full board for
review and approval at a scheduled business, or special board meeting. Upon the board's
approval, the president of the board will authorize reimbursement by means of his or her
signature on the appropriate forms. The board's disapproval will be so noted on the
appropriate form.
P1-500: Conflict of Interest:
(a) The Board declares, in accordance with the mandate of Congress in D.C. Code §
1-1461, that elective and public office is a public trust, and any effort to realize
personal gain through official conduct is a violation of that trust.
(b) No member or employee of the Board shall use his or her official position or office
to obtain financial gain for himself or herself, any member of his or her household, or
any business with which he or she or a member of his or her household is associated, other
than that compensation provided by law for said member or employee of the Board. This
subsection shall not affect a, vote by a Board member: (1) on any matter which affects a
class of persons (such a class shall include no less than 50 persons) of which such Board
member is a member if the financial gain to be realized is de minimus; (2) on any matter
relating to such member's compensation or reimbursement as authorized by law; or (3)
regarding any elections law.
(c) No member or employee of the Board shall solicit or receive anything of value,
including a gift, favor, service, loan gratuity, discount, hospitality, political
contribution, or promise of future employment, based on any understanding that such
person's official actions or judgment or vote would be influenced thereby, or where it
could reasonably be inferred that the thing of value would influence the person in the
discharge of his or her duties, or as a reward.
(d) No member or employee of the Board shall solicit or receive any money, in addition
to that lawfully received by the member or employee of the Board in his or her official
capacity, for advice or assistance given in the course of the member's or employee's
employment or relating to his or her employment.
(e) No member or employee of the Board shall use or disclose confidential information
given in the course of or by reason of his or her official position or activities in any
way that could result in financial gain for himself or herself or for any other person.
(f) No member of employee of the Board shall accept assignment to serve on a committee
the jurisdiction of which consists of matters (other than a de minimis nature) in which
her of she or a member of his or her family or a business with which he or she is
associated has financial interest.
(g) Any member or employee of the Board who, in the discharge of his or her official
duties, would be required to take an action or make a decision that would affect directly
or indirectly his or her financial interests or those of a member of his or her household,
or a business with which he or she is associated, or must take an official action can a
matter as to which he or she has a conflict situation created by a personal, family, or
client interest shall:
(1) Prepare a written statement describing the matter requiring action or decision, and
the nature of his or her potential conflict of interest with respect to such action or
decision;
(2) Cause copies of such statement to be distributed to the District of Columbia Board
of Elections & Ethics, and in the case of an employee, to his or her immediate
supervisor, if any;
(3) Deliver a copy of such statement to the Chairman of the Board of Elections and
Ethics who shall cause such statement to be printed in the record of proceedings, and,
upon request of said member or employee, shall excuse the member from votes,
deliberations, and other action on the matter on which a potential conflict exists;
(4) In the case of an employee, the Board, or his or her superior, shall assign the
matter to another employee of the Board who does not have a potential conflict of
interest; in the case of a member of the Board, he or shall remove himself or herself from
influence over actions and decisions on the matter on which potential conflict exists;
(5) During a period when a charge of conflict of interest against an employee is under
investigation by the Board, the Board shall have the power to assign the matter to another
employee who does not have a potential conflict of interest; in the case of a member of
the Board, he or shall remove himself or herself from influence over actions and decisions
on the matter on which there is a charge of conflict of interest until the investigation
is concluded; and
(6) Removal from influence over actions and decisions is accomplished when the member
refrains from taking any action or making any decision that would affect or appear to
affect, directly or indirectly, the matter under investigation or the conflict. Such
removal from influence over actions and decisions on the matter on which there is a
conflict or potential conflict shall be taken:
(a) whenever the member has reasonable knowledge of any direct or indirect financial
interest or gain which is incompatible with the discharge of the member's duties, or
(b) Upon written notice from the Board that a full investigation of the charge of
conflict of interest has been initiated.
(h) As used in this section, the term:
(1) "Effort to realize personal gain" means any attempt by a member or
employee of the Board to profit or obtain an advantage or addition to that which the
member or employee lawfully receives in his or her official capacity. No actual gain is
necessary.
(2) "Financial interest" means any monetary advantage or claim.
(3) "To obtain financial gain" means to realize any monetary profit, or any
benefit on which a monetary value can be fixed, by a member of employee, any member of his
or her household, or any business with which the member of employee or the member of his
or her household is associated, other than that compensation provided by law.
(4) "Business" means any corporation, partnership, sole proprietorship, firm,
enterprise, association, organization, self employed individual, holding company, joint
stock, trust, and any legal entity through which business is conducted for profit.
(5) "Business with which he or she is associated" means any business of which
the member or employee or member of his or her household is a director, officer, owner,
employee, or holder of sock worth $1,000 or more at fair market value, and any business
which is a client of that person.
(6) "Household" means the member or employee of the Board and his or her
immediate family.
(7) "Immediate family" means the member's or employee's spouse and any
parent, brother, or sister, or child of the member or employee and the spouse of any such
parent, brother, sister or child.
The following are examples of circumstances prohibited by the conflict of interest
policy:
- A board member (or a business in which a board member owns a substantial interest)
performing services for the district for compensation;
- A board member (or a business in which a board member owns a substantial interest)
selling, renting, or leasing property to the district and receiving payment therefor;
- A board member attempting to influence a decision of the board by reason of a payment,
promise to pay, or receipt of anything of value;
- A board member using or disclosing to others confidential information obtained in an
official capacity for personal financial gain;
- A board member performing services for any person or business for compensation, either
while a board member or during a one-year period following termination in office, by which
performance such board member attempts to influence a decision of the board; and
- A board member participating in any matter, directly or indirectly, in which the board
member attempts to influence any decision when the board member knows that the result of
such decision may be the acceptance of the performance of a service or the sale of any
property to the district for consideration to the board member.
P1-600: METHODS OF OPERATION
FORMULATION OF ADMINISTRATIVE GUIDELINES-ADMINISTRATIVE REGULATIONS
An administrative guideline/regulation is a procedure or rule developed
and prepared by the superintendent of schools or his/her designee to implement Board
Policies and Bylaws.
Administrative guidelines/regulations must be consistent with Board
Policies and Bylaws and Regulations. The superintendent is authorized to obtain legal
opinions from counsel to the effect that proposed administrative guidelines are consistent
with appropriate Policies and Bylaws. The guidelines will become effective upon majority
approval of the board or specified dates included in the resolution.
P1-700: BOARD OF EDUCATION RECORDS:
Any individual board member who desires records from the administration
shall direct the request in writing to the board president and appropriate committee.
The Board Secretary, or the person designated by the board, shall be
responsible for keeping Board of Education records. Except as otherwise provided for by
resolution, all books and records of the Board of Education shall be kept and maintained
in the Board Secretary's office.
Access to public records by the public is set forth in and governed by
the District of Columbia "Freedom of Information Act and D.C. Code, §1-1504 and
31-101.
P1-800: METHODS OF OPERATION
Membership in Professional Organizations
By a majority vote of the board, taken at a public meeting, the board
may vote to authorize membership as a body in appropriate professional organizations, the
dues of which shall be paid from board funds.
Board funds may be used for professional memberships for individual
board members with the majority approval of the full board at a regular business meeting.
P1-900: METHODS OF OPERATION
Legislative Program
The board, as an agent of the District of Columbia, must operate within
the bounds of District and federal law affecting public education. If the board is to meet
its responsibility to the residents and students of the community, it must work vigorously
for the approval of policies designed to advance the cause of good schools. In fulfilling
its leadership role, the board:
- Will review current and proposed legislation brought to its attention by the appropriate
committee, the Superintendent and by the National School Boards Association and other
organizations; and will express positions on relevant legislative issues to elected
representatives;
- Will work with elected representatives, appointed officials, and other groups and
agencies in developing policy positions;
- Will work for the achievement of policy objectives through the National School Boards
Association and with other concerned groups; and
- Will represent its position on pending legislation with appropriate District and federal
elected and appointed officials and legislative committees.
P1-1000: INDEMNIFICATION
The Board may indemnify any member; officer or employee of the Board
who was or is a party, or is threatened to be made a party, to any threatened, pending or
completed action, suit or proceeding, whether civil, criminal, administrative or
investigative, by reason of the fact that he or she is or was a member, officer or
employee of the Board, against judgments, fines, amounts paid in settlement and expenses
(including attorneys' fees) actually and reasonably incurred by him or her in connection
with such action, suit or proceeding, if he or she acted in good faith and in a manner he
or she reasonably believed to be in, or not opposed to, the best interests of the Board,
and, with respect to any criminal action or proceeding, if he or she had no reasonable
cause to believe his or her conduct was unlawful. The termination of any act, suit or
proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere
or its equivalent, shall not, of itself, create a presumption that the person did not act
in good faith and in a manner which he or she reasonably believed to be in, or not opposed
to, the best interests of the Board, or, with respect to any criminal action or
proceeding, that he or she had reasonable cause to believe that his or her conduct was
unlawful.
To the extent the member, officer or employee of the Board has been
successful, on the merits or otherwise, in the defense of any action, suit or proceeding
referred to in this Section or in defense of any claim, issue or matter therein, he or she
shall be indemnified against expenses (including attorneys' fees) actually and reasonably
incurred by him in connection therewith. Any such indemnification shall be made by the
Board only as authorized in the specific case, upon a determination that indemnification
of the member, officer or employee is proper in the circumstances because he or she has
met the applicable standard of conduct. Such determination shall be made (1) by the Board
by a majority vote of a quorum as herein defined consisting of members who are not parties
to such action, suit or proceeding, or (2) if such a quorum is not obtainable, or, even if
obtainable, a quorum of disinterested members so directs, by independent legal counsel in
a written opinion.
Expenses (including attorneys' fees) actually and reasonably incurred
in defending any action, suit or proceeding referred to in this Section shall be paid by
the Board in advance of the final disposition of such action, suit or proceeding, as
authorized by the Board in the specific case, upon receipt of an undertaking by or on
behalf of the member, officer or employee to repay such amount, unless it shall ultimately
be determined that he or she is entitled to be indemnified by the Board as authorized in
this Section.
The Board, through its legal counsel, shall defend actions, suits or
proceedings brought against the Board, or its members, officers or employees when acting
within the scope of their official duties for the Board. Alternatively, any member,
officer or employee against whom any such action, suit or proceeding is brought may employ
his or her own attorney to appear on his or her behalf. The provisions set forth herein
shall apply irrespective of whether the member, officer or employee is represented by the
Board's legal counsel or his or her own attorney.
The right to indemnification accorded by this Section shall not limit
any other right to indemnification to which the member, officer or employee may be
entitled. Any rights hereunder shall inure to the benefit of the heirs, executors and
administrators of any member, officer or employee of the Board.
ARTICLE 2 - BYLAWS OF THE BOARD
Organization, 2-100
Qualifications for Board Membership, 2-200
Number of Members and Terms of Office, 2-300
Election of Officers, 2-400
Duties of Officers, Members, Employees and Agents, 2-500
Standing Board Committees, 2-600
Ad Hoc Board Committees, 2-700
Adoption, Amendment or Suspension of Bylaws, Policies and Regulations, 2-800
Meetings, 2-900
Construction of Agenda, 2-1000
Time and Place, 2-1100
Notification to Members, 2-1200
Public & Closed Meetings, 2-1300
Advance Delivery of Meeting Materials, 2-1400
Quorum Requirements, 2-1500
Order of Business, 2-1600
Special Meetings, 2-1700
Parliamentary Procedure, 2-1800
Public Participation at Meetings, 2-1900
Radio and Television Coverage, 2-2000
Minutes, 2-2100
DISTRICT OF COLUMBIA BOARD OF EDUCATION BYLAWS
B2-100: ORGANIZATION:
The Board of Education of the District of Columbia is a body created and governed by
District law, its own policies, regulations, and bylaws, for the purpose of supervising
and governing the public schools and public school property of the District of Columbia.
The Board of Education of the District-of Columbia shall have general and supervisory
control, governance and management of the public schools and public school property and
shall exercise generally all powers set forth in DC Act 13-295, "School Governance
Charter Amendment Act of 2000." The Board of Education may:
Make, amend, and repeal policies and bylaws for its meetings and proceedings, for the
government, regulation, and management of the public schools and school property of the
District, for the transaction of its business, and the examination, qualification, and
employment of teachers, which policies, regulations, and bylaws are binding on the Board
of Education and all parties dealing with it until formally repealed;
Fix the time of its meetings;
Provide for special and standing committees;
Purchase and hold all property deemed necessary for the purposes of
public education;
Build and construct improvements on such property deemed necessary for
the purposes of public education; and
Provide for the transportation of special education students.
B2-200: QUALIFICATIONS FOR BOARD MEMBERSHIP:
The "Extension of the Nominating Petition Time Congressional Review Emergency
Amendment Act of 2000," Section 3(a), Paragraph (1) requires all District of Columbia
board members to be residents of the City and to have "resided in the special
district from which he/she is nominated" for one year immediately preceding the
election.
Board members may not hold any other office except that of delegate or alternate to a
party nominating convention.
Board members shall attend orientation as required by District law.
B2-300: NUMBERS OF MEMBERS AND TERMS OF OFFICE:
D. C. Act 13-295, Section 495 (a)(1) ," The Board of Education shall consist of
nine (9) members. Four (4) shall be appointed by the Mayor and confirmed by the Council.
Five (5) members shall be elected from the four (4) school districts," created
pursuant to this Act. The four school districts are as follows:
Wards 1 and 2 shall comprise School District I
Wards 3 and 4 shall comprise School District II
Wards 5 and 6 shall comprise School District III
Wards 7 and 8 shall comprise School District IV
The term of office shall be four years unless otherwise provided in legislation
pursuant to D. C. 13-295.
B2-400: ELECTION OF OFFICERS:
D. C. Act 13-295, Section 495 (a)(1) provides that "one member
shall be elected at-large as the president of the Board." All other officers will be
elected in January 2001 only and thereafter at the June business meeting each year. The
board shall elect its vice president, secretary and treasurer, from among its members.
Nominations shall be made from the floor. No second is required, but one or more members
may second a nomination to indicate endorsement. No one can nominate more than one person
for a given office until every member wishing to nominate has had an opportunity to do so.
Voting for an officer will take place immediately after nominations for
that office are closed. Paper ballots will be distributed, collected, and counted by the
treasurer or designee. In order for a member to be elected to an office, a majority of the
entire board is necessary (5). In the case of a tie, the balloting will be repeated until
one nominee receives at least live (5) votes. If only one member is nominated for an
office, election may be by acclamation. The term of office is one year.
There is no prohibition against a current officer being elected to
serve in an office again. When an officer has been duly elected, he or she will take
office immediately.
The board may, by a two-thirds vote of the entire board (6 votes), at a
regular business or special meeting, remove an officer elected by the board.
B2-500: DUTIES OF OFFICERS. MEMBERS. EMPLOYEES AND AGENTS:
The duties of the officers, members, employees, and agents shall be
defined by the D. C. Code and by board bylaws, policies, and regulations.
President
It shall be the duty of the president to preside at all meetings of the
board, preserve order, enforce rules, sign all bonds, letters, agreements, deeds, and
leases ordered to be executed by the board; and, on behalf of and in conjunction with the
board, appoints the chairpersons of standing committees and members of ad hoc committees.
The president of the board shall serve as an ex office member of any
and all ad hoc committees of the board. The president shall appoint the board's
representative to professional organizations in which the board holds membership.
It shall also be the duty of the president to ensure that written
responses are made to questions or requests for information made by speakers at board
meetings, when such questions or requests are not answered at the meeting.
Vice President
In the event of a vacancy in the presidency through death, disability,
or other situations rendering the elected president unable or unavailable to perform the
duties of the office, the vice president shall serve as president pro tem until the
president resumes the office or the board declares the office vacant and the Mayor selects
a successor with confirmation by the Council for the remainder of the vacant term.
Absence of President and Vice President
In the event of vacancies in the offices of both president and vice
president, or in the event of absence or disability on the part of both president and vice
president, the secretary shall serve as president pro tem and shall perform all the duties
of the president.
Secretary
The secretary as board member shall supervise record keeping and
execute such documents and perform such acts as are required to be executed and performed
only by an officer appointed by and directly responsible to the board. The secretary shall
have custody of the books of record of board proceedings, and perform such other duties as
the law requires and the board assigns.
The secretary shall ensure that copies of all communications directed
to the board are provided promptly to each board member. Whenever possible, such copies
should be furnished in time to be presented for board action, if appropriate, at the next
scheduled regular business, or special board meeting. The secretary shall also serve as
board parliamentarian in the interpretation of "Robert's Rules of Order."
Attorney:
The board may select and employ legal counsel at such times and in such
manner as it deems appropriate. The board president in consultation with the
superintendent shall make recommendation to the full board with respect to employing legal
counsel. Hiring of counsel shall require a majority vote of the entire board.
Board Staff:
DC Act 13-295, "School Governance Charter Amendment Act of
2000" has defined the role of the District of Columbia Board of Education as an
exclusive policy function role. This amendment suggests that the board, through the
offices of the superintendent, should rely on school system employees for operations of
the school system, including data gathering and development of plans. However, the board
will require a small staff to carry out its important policy functions. The determination
of the board staff functions to support the board in carrying out its responsibilities and
the size of the board staff should be made in consultation with the Superintendent, in
order to ensure that the proper functions are assigned to the staff of the Superintendent
and to the staff of the board. The board's functions are not to duplicate activities, nor
raise potential conflicts. The staff will be selected by the board to provide appropriate
administrative support and for effective operation of the board. The staff shall be
employed on a twelve-month basis with vacation and fringe benefits.
Individual Members:
Each member of the board, before assuming the duties of his or her
office, shall take an oath before a Superior Court Judge of the District of Columbia. The
oath shall be kept on record in the office of board as additional testimony that he or she
possesses all the qualifications required by law and that he or she will demean himself or
herself in the office as a member of the Board of Education of the District of Columbia.
The Board has authority only when acting as a board and when legally in session. A
board member can only exercise authority as a member of the board at official board
meetings. The board shall not be bound by any statement or action by an individual board
member except when such statement or action is pursuant to specific instructions of the
board.
No board member, by virtue of his or her office, shall exercise any
administrative responsibility with respect to schools. No board member shall command the
services of any school district employee.
Board members will notify the board president when they will be absent
from regular business and special meetings and chairpersons of committees as to absences
from committee meetings. Those who are absent must provide reasons.
B2-600: Standing Board Committees:
Standing committees shall be established by the full membership of the
board of education.
Every board member is automatically a member of every standing
committee. Five (5) board members shall constitute a quorum for committee meetings and for
committee action.
Within thirty days of being elected to office, the president of the
board shall appoint chairpersons and assistant chairpersons, as required, to the standing
committees of the board.
Each chairperson will work through the superintendent, in concert with
appropriate administrators, to bring matters of the school system to the attention of the
board.
Standing board committee meetings shall be scheduled by the committee's chairperson in
consultation with the board.
B2-700: Ad Hoc Board Committees:
Ad hoc board committees are temporary committees, which may be
established to perform specific assignments on behalf of the board. Ad hoc committees will
be terminated automatically on completion of - the assignment. The president, acting on
behalf of or in collaboration with the board, shall appoint ad hoc committees. The
committees shall receive specific charges in writing from the president along with
specific timelines for completion. The ad hoc committee will provide written and verbal
reports to the full board at the conclusion of assignments.
The president of the board shall be an ex officio member of any and all
ad hoc board committees.
B2-800: Adoption. Amendment or Suspension of Bylaws. Policies,
and Regulations
A bylaw is a rule governing the Board of Education's internal
operations. Bylaws are generally drawn directly from District and federal laws which place
a mandatory obligation or direction on the Board of Education. A statement of bylaws under
which the board operates points out the authorization which the board may use and the
restraints which it must accept in carrying out its legal mandate to the residents of the
District.
Board bylaws may be adopted, amended, repealed or suspended by a
two-thirds (6) vote of the entire board and shall become effective immediately upon board
approval unless a specific effective date is offered in the resolution recommending the
bylaw.
Any proposed bylaw or bylaw change shall be immediately referred to
legal counsel for the board, who shall review it and report to the board as to whether the
proposed bylaw or bylaw change is consistent with the laws of the District of Columbia.
The board may conduct regular business and special meetings as are
needed to meet the board's responsibilities and carry out the business of the school
district. The board will conduct monthly regular business meetings, except that no regular
business meetings will be conducted during the month of August.
Special meetings of the board may be called at any time by the
president, or by the secretary upon written request of a majority of the entire board (5
members). Each member shall be notified of the time, place, and purpose of the meeting.
At special meetings, no business may be transacted other than that
stated in the notice except with the approval of the majority of the members attending the
meeting.
Meetings conducted in open session will be held at times and locations
accessible to the public and in accordance with D.C. Code, Section 1-1504.
B2-1000: Meetings-Construction of Agenda:
The superintendent in consultation with the board president will prepare a written
agenda for each regular business meeting and special meeting of the board of education.
Copies of the written agenda, for all regular and committee meetings, will be made
available to the entire board of education and to the public.
B2-1100: Meetings-Time and Place:
The board will conduct a monthly, regular business meeting, except in August, on the
_____ [day] of each month.
Regular business meetings will have closed and open sessions. These
meetings will be called to order at 5:30 p.m. with roll call and a vote to close the
meeting for closed session. The public session of the meeting will begin at approximately
7:00 p.m. with no longer than 30 minutes of public comments at the beginning of the public
session. The regular business meeting agenda will begin immediately thereafter. Although
closed session for the meeting will generally be held at the beginning of the meeting, the
board may vote to go into closed session at any time during the meeting as permitted by
law. All meetings will held at the Board of Education facility located at 825 North
Capitol or as otherwise posted and indicated.
The meeting date, time, and place may be changed by a majority vote of the full board.
In the event of an emergency, written notice of the meetings shall be provided to board
members at least 48 hours prior to the meetings. The president shall determine the time
and place of special meetings.
B2-1200: Meetings-Notification to Members:
The general public shall be given written notice of the date, time, and
place of each meeting of the board and its tentative agenda in a manner reasonably
calculated to advise the public of matters to be considered. Public notice must be given
at least 24 hours in advance, exclusive of weekends and holidays, except in instances of
emergencies. The president of the board, the superintendent of schools or the board's
attorney shall determine when emergencies exist that require meetings to be called with
less than 24 hours notice.
Members of the board shall be provided with written notice of meetings
in accordance with Board Bylaw B2-1000. In the case of an emergency, board members will
give their oral or written waiver of the written notice referred to in Board Bylaw B2-1100
prior to conducting any business. An oral waiver shall be reduced to writing and duly
recorded as soon as possible thereafter.
Notice to the public shall include posting in an area of access to the
public at the Administration Building. Notice of meetings of the board shall also be made
available on a regular basis to any representative of the news media who has requested
notice of such meetings concurrent with the notice being made available to members of the
board.
B2-1300: Public and Closed Meetings:
All meetings of the Board of Education in which public business
is to be discussed or decided and public policy is formulated shall be open to the public.
Exceptions to this requirement shall occur only when closed meetings are held in
accordance with District law.
D. C. Code Section 31-101(e), authorizes the Board and the Board
reserves the right to sit in closed meetings on certain matters. It provides in relevant
part that the Board:
- May close to the public any meeting (or part thereof) dealing with the appointment,
promotion, transfer, or termination of employment of, or any other related matter
involving, any employee of the Board of Education; and
- May close to the public any meeting ( or part thereof) dealing with any other matter but
no final policy decision on such other matter may be made by the Board of Education in a
meeting ( or part thereof ) closed to the public.
The following are examples of matters that are appropriate for closed meetings:
- Legal actions, causes of action or litigation involving a public governmental body and
any confidential or privileged communications between a public governmental body or its
representatives and its attorneys. However, any minutes, vote or settlement agreement
relating to legal actions, causes of action, or litigation involving a public governmental
body or any agent or entity representing its interests or acting on its behalf or with its
Board, including any insurance company acting on behalf of a public government body as its
insurer, shall be made public upon final disposition of the matter voted upon or upon
signing by the parties of the settlement agreement, unless, prior to final disposition,
the settlement agreement is ordered closed by a court after a written finding that the
adverse impact to a plaintiff or plaintiffs to the action clearly outweighs the public
policy considerations. However, the amount of any moneys paid by, or on behalf of, the
public governmental body shall be disclosed; provided however, in matters involving the
exercise of the power of eminent domain, the vote shall be announced or become public
immediately following the action of the motion to authorize institution of such a legal
action. Legal work product shall be considered a closed record;
- Leasing, purchasing, sale, acquisition or other disposition of real estate by a public
governmental body where public knowledge of the transaction might adversely affect the
legal consideration therefor. However, any minutes vote, or public record approving a
contract relating to the leasing, purchasing, sale, acquisition or other disposition of
real estate by a public governmental body shall be made public after completion of the
lease, purchase, sale, acquisition or other disposition of the real estate;
- Nonjudicial mental or physical health proceedings involving identifiable persons,
including medical, psychiatric, psychological, or alcoholism or drug dependency diagnosis
or treatment;
- Scholastic probation, expulsion, or graduation of identifiable individuals, including
records of individual test or examination scores; however, personally identifiable student
records maintained by public educational institutions shall be open for inspection by the
parents, guardian or other custodian of students under the age of eighteen years and by
the parents, guardian or other custodian and the student if the student is over the age of
eighteen years;
- Testing and examination materials,.before the test or examination is given or, if it is
to be given again, before so given again;
- Preparation, including any discussions or work product, on behalf of a public
governmental body or its representatives for negotiations with employee groups;
- Software codes for electronic data processing and documentation thereof;
- Specifications for competitive bidding, until either the specifications are officially
approved by the public governmental body or the specifications are published for bid;
- Sealed bids and related documents, until the earlier of either when the bids are opened,
or all bids are accepted or all bids are rejected;
- Individually identifiable personnel records, performance ratings or records pertaining
to employees or applicants for employment, except that this exemption shall not apply to
the names, positions, salaries and lengths of service of officers and employees of public
agencies once they are employed as such;
- Records that are protected from disclosure by law;
- Meetings and public records relating to scientific and technological innovations in
which the owner has a proprietary interest; and
- Confidential or privileged communications between a public governmental body and its
auditor, including all auditor work product.
Before a meeting of the board may be closed, the reasons for holding
the closed session shall be announced and a roll call vote on the question of holding a
closed session will be taken in open session.
Only business directly related to the specific exemptions may be
discussed at a closed meeting or have a closed record or vote. The closing of meetings and
all records, votes and minutes resulting from closed meetings shall be determined by a
majority vote of the quorum of the board in public session. If the board so votes, a
separate minute book used solely for the purpose of closed meetings shall be used to
record the minutes. Any votes taken during a closed meeting shall be taken by roll call.
When holding a closed meeting, the board will close only an existing portion of the
meeting facility necessary to house the members of the board in the closed session,
allowing members of the public to remain to attend any subsequent open session held by the
board following the closed session. The board may invite the superintendent and/or staff
members or others to attend such closed meetings at its discretion.
B2-1400: Meetings-Advance Delivery of Meeting Materials
The superintendent, in consultation with the board president, will
prepare a written agenda, reports and background materials which shall be distributed by
the Office of the President to each board member at least five days prior to the regular
business meetings. Minutes of the previous meeting(s) will be provided prior to the
regular business meetings.
The superintendent will provide a written agenda along with written
reports and background materials, at least five days prior to special meetings. The
Superintendent will designate appropriate members of the staff to be responsible for the
preparation of the written reports and background materials.
When emergencies are necessary and written reports and background
materials are not available for delivery to board members five days prior to the meeting
dates, the materials will be delivered as soon as possible or may be distributed at the
emergency meeting.
If meeting materials are not available five days prior to the meeting
dates, the president of the board, in consultation with the superintendent of schools,
will determine whether meeting materials have been provided in sufficient time for study
and review by the board, in order that action may be taken or whether action will be
deferred until a future meeting.
B2-1500: Meetings-Quorum Requirements:
Quorum requirements for regular business and special meetings shall be
a majority of the entire board (5). The board shall not take action unless a quorum is
present. Five (5) members of the Board shall also constitute a quorum for all standing
committee meetings.
When a quorum is not present at the announced starting time of the
meeting, the president or committee chairperson may, with the concurrence of those members
present, begin a discussion of agenda items and set a date when action on the agenda items
will be taken.
B2-1600: Meetings - Order of Business:
The president, upon taking the chair, shall call the regular business meeting to order
on the appearance of a quorum. The order of business for the public meeting shall normally
be as follows:
- Roll call;
- Appearances before the board by members of the public;
- Approval of minutes of previous sessions;
- Reading of correspondence and other communications;
- Reading of motions on resolutions for reference without debate;
- Reports in the following order:
- Superintendent of schools;
- Board president;
- Special committees.
- Unfinished business.
- New business.
- Adjournment.
B2-1700: Meetings - Special Meetings:
The president, upon taking the chair, shall call the special meeting to order on the
appearance of a quorum. A roll call will be taken, followed by a brief explanation of the
purpose of the meeting.
Limits on topics discussed and length of the meeting may be set by a majority vote of
those members present.
B2-1800: Meetings - Parliamentary Procedure:
Except as otherwise provided by District statutes, or the policies,
regulations, and bylaws the board will conduct all meetings of the board in accordance
with Robert's Rules of Order, Newly Revised.
In accordance with Robert's Rules of Order, Newly Revised, the board
may suspend parliamentary rules of order by a two-thirds vote of the members attending the
meeting.
References
Robert's Rules of Order Revised, Article IV Par. 22
B2-1900: Meetings - Public Participation at Meetings
Interested persons will be provided time to appear before the board and
committees at open meetings to address the board on issues currently before the board.
The board of education will provide a period of 30 minutes, after the
Call to Order and Roll Call, for public comments. Two speakers only on the same topic will
be heard prior to the open session; additional speakers on the same topic will be heard
following the conclusion of the open session given available time between the open and
executive sessions.
Time limits shall be established for presentations. Each presentation
shall be in consonance with good taste and decorum befitting the occasion and the dignity
of the assembly.
The board of education may not be able to provide responses to all
comments because of the press and volume of business under consideration. Therefore, only
those questions or requests for information which entail simple, short, factual responses
will usually be answered at board meetings.
When speakers have signed the roster and provided their name and full
addresses, written responses will be made to questions or requests for information, not
provided to during the board meetings. The written responses will be provided as soon, as
is possible.
B2-2000: Meetings - Radio and Television
Coverage:
Proceedings of the board are broadcast on District Channel 28. Radio
and television stations desiring to report proceedings, of regular, special and emergency
public meetings of the Board of Education from the floor of the board room, must obtain
prior clearance from the president of the board. Approval is discretionary with the
president.
B2-2100: Meetings-Minutes:
The board president will designate an immediate employee of the board
who wilt be responsible for the taking and preparation of official minutes.
The official minutes should contain a concise record of what was done
at the meeting but should not contain a verbatim transcript of what was said. Written
reports may be printed in their entirety or in part, or may be synopsized. Appendices to
the minutes containing lengthy reports need not be printed but notations should be made in
the written minutes, as to where a copy of the material can be found for inspection by the
public.
Official minutes of ail open meetings shall be taken and retained by
the board, including but not limited to a record of any votes taken at such meeting. The
minutes shall include the date, time, place, members present, members absent and a record
of any votes taken. When a roll call vote is taken, the minutes shall attribute each
"yea" and "nay" vote or abstinence if not voting, to the name of the
individual member of the board.
One written copy of the minutes of closed sessions shall be kept on
file in the board office for review, as necessary, by board members, the superintendent of
schools, the board's legal counsel, and others designated by law. The minutes of each
closed session shall be signed or initialed by the board president, signifying that the
minutes have been read prior to being filed. All votes taken at closed session shall be
recorded, and when a roil call is taken, the minutes shall attribute each 'Yea" or
"nay" vote, or abstinence if not voting, to the name of the individual member of
the board. Any votes taken at closed meeting/executive session shall be taken by roll
call.
Written minutes shall be taken at all standing and ad hoc committee
meetings, to be filed and distributed to board members and interested parties. |
