SBDM By-Laws
TABLE OF CONTENTS
Article I. PURPOSE
Article II.
Article III. MEMBERSHIP
COMPOSITION
MEMBERSHIP
REQUIREMENTS
ELECTIONS
REMOVAL
OF MEMBERS
FILLING
VACANCIES
TERMS
OF OFFICE
Article IV. DUTIES OF OFFICERS
AND COUNCIL MEMBERS
ELECTION
OF OFFICERS
CHAIRPERSON
VICE-CHAIRPERSON
SECRETARY
COUNCIL
MEMBERS
Article V. COMMITTEES
PURPOSE
COMMITTEE
APPOINTMENTS
MEMBERSHIP
AND ELECTION OF CHAIRPERSON
DECISION
MAKING
DUTIES
MEETINGS
STANDING
COMMITTEES
Article VI. SCHEDULE OF
MEETINGS
REGULAR
MEETINGS
SPECIAL
MEETINGS
Article VII. CONDUCT OF
MEETINGS
QUORUM
ATTENDANCE AT MEETINGS
CLOSED SESSIONS
MATERIALS PRESENT AT MEETINGS
AGENDA
DISCUSSION OF AGENDA ITEMS
DECISION MAKING PROCESS
ALTERNATIVE TO CONSENSUS
CRITERIA FOR MAJORITY VOTE
Article VIII. MINUTES AND OTHER
COUNCIL RECORDS
MINUTES TO BE KEPT AND APPROVED
COUNCIL RECORDS AVAILABLE FOR PUBLIC INSPECTION
REQUESTS FOR COUNCIL RECORDS
Article IX. APPEALS PROCESS
REQUEST
SCHEDULE
HEARING
DECISION
REPORT
Article X. AMENDMENTS
AMENDMENTS TO COUNCIL BY-LAWS
ARTICLE I. PURPOSE
The purpose of the Louisa
East Elementary School Council is to address the academic, social and emotional
needs of our students in order to set school policy consistent with district
policy and state law that will enhance student achievement and help each
student meet the goals established by the school council. The school council will assess, monitor and
evaluate the policies and programs of
ARTICLE II. MISSION/VISION/VALUES
Vision: Teaching Today for Tomorrow
Values:
ARTICLE III. MEMBERSHIP
A. COMPOSITION
1.
The school council shall consist of the principal,
three teacher members, and two parent members.
2.
If the school reaches eight percent (8%) or more
minority student enrollment on October 1 of any school year, it must have at
least one minority member the next year.
State law defines “minority” as “American Indian; Alaskan native;
African-American; Hispanic, including persons of Mexican, Puerto Rican, Cuban,
and Central or South American origin; Pacific Islander; or other ethnic group
underrepresented in the school.”
3.
The school will first conduct its regular election
for three teachers and two parents.
Then, if none of the elected members are a minority and the principal is
not a minority, state law requires the principal to conduct two special
elections: one for a minority parent and
the other for a minority teacher.
4.
If there are no minority teachers on staff at the
school, the teachers shall elect a non-minority teacher to represent the
interests of the minority students in the school.
5.
If there is a minority teacher on staff and he or
she does not wish to serve on the council, the seat shall remain vacant until
filled by a minority teacher.
6.
Although there is no provision in KRS 160.345 for
additional school council members, the school council does not wish to exclude
any constituency in the school from participation in all council meetings. Therefore, the Student Council may designate
a student council representative, and the support staff of the school (office,
cafeteria, custodians, and instructional assistants) may conduct an election
for a support staff representative to attend all council meetings as ex officio
members.
B.
MEMBERSHIP REQUIREMENTS
1.
All Members: No one may
serve on the school council who has legal conflict or interest as designated by
KRS 45A.340 except the salary paid to district employees. New members (those with less than one year of
service) must complete six (6) hours of training from a Kentucky Department of
Education endorsed trainer. Experienced
members (those with more than one year of service) must complete three (3)
hours of training from a Kentucky Department of Education endorsed training
provider each year.
2.
Teacher Members: Teacher
council members must possess certification required for their position as a
basis for employment in
3.
Parent Members: Parent
council members must be the biological parent, stepparent, foster parent, or
persons who have court ordered legal custody of a child who is pre-registered
to attend the school during the term of office they are seeking. Parent council members may not be an employee
of the school or district administrative office or be a relative (father,
mother, brother, sister, husband, wife, son, daughter, aunt, uncle, son-in-law
or daughter-in-law) of someone employed in the school or in the district
administrative offices. Parent council
members cannot be a board member or a board members’ spouse, nor can they have
a business interest in the school.
C.
ELECTIONS
1.
Teacher Members: Teachers
conduct their own elections as per KRS 160.345.
Annual
elections
shall be conducted each April or May for the purpose of electing three teacher
council members. Teacher members must be
elected by a simple majority (more than one half) of the number of teachers
assigned to the school. Teacher
representatives designated to conduct the teacher election shall notify the
principal in writing of the three teachers elected within 24 hours of the vote. The process that teachers use to elect their representatives
shall address the following areas:
q
Nomination
q
Preparation of ballot
q
Elections
q
Absentee ballots
q
Procedures after first round ballots
2.
Parent Members: Parents
conduct their own elections as per KRS 160.345.
Annual elections shall be conducted each April or May by the school’s
parent organization for the purpose of electing two parent council
members. The president of the parent
organization shall notify the principal in writing of the two parents elected
within 24 hours of the final vote.
3.
Term Limits: No term
limits shall be imposed on school council members who are nominated and elected
to consecutive one-year terms.
4.
Principal Role in Elections: Other
than conducting the election for the minority teacher and parent members in the
event the school is required to do so, the principal is not given a role by
statute in school council elections. The
principal will assist the teachers or parents with logistics such as providing
copies of guidelines for conducting elections, opening the building, providing
space in the building, and assisting the parent organization and teachers with
communicating election meeting times and dates.
The principal shall not be involved in setting or monitoring election
procedures, nominations, balloting, or counting votes. The principal is the custodian of records for
the teacher and parent elections and is responsible for maintaining them for a
three-year period in the school.
D. REMOVAL OF MEMBERS
1.
According to KRS 156.132, the commissioner of
education may recommend removal of a school council member whom he has reason
to believe guilty of immorality, misconduct in office, incompetence, willful
neglect of duty, or nonfeasance.
2.
A member of a school council may be removed from the
council for cause, after an opportunity for hearing before the local board, by
a vote of 4/5 of the membership of the board of education after the
recommendation of the commissioner of education pursuant to KRS 156.132. Written notice setting out the charges for
removal shall be spread on the minutes of the board and given to the member of
the school council KRS 169.347.
E. FILLING VACANCIES
If a
member of the school council resigns or is removed from office, another member
shall be elected in a special election held not more than one month after the
vacancy occurs. The person elected in
the special election shall complete the required training to serve the
remainder of the term until July 1, and be eligible for re-election.
F. TERMS OF OFFICE
The term
of teacher and parent members shall begin on July 1 and end on June 30. Between the date of the elections and July 1,
members-elect are encouraged to attend all council meetings.
ARTICLE IV. DUTIES OF OFFICERS AND COUNCIL MEMBERS
A. ELECTION OF OFFICERS
1.
Election of officers shall include Chairperson,
Vice-Chairperson, and Secretary.
2.
The Vice-Chairperson of the school council shall be
elected each July by council members and shall serve for one year. Re-election is permitted.
3.
Except for the office of secretary, if a
vice-chairperson resigns his or her position, the council shall conduct a vote
at that meeting to fill the position with another council member.
4.
A motion to seek an alternative model allowing a
council member other than the principal to serve as chairperson may be made by
any council member at any regular meeting.
A majority vote of the full council is required before an alternative
model can be sought by the school council.
A faculty vote must then be conducted and the motion must pass by 2/3 in
order to proceed with the model.
B. CHAIRPERSON
The
principal shall be the chairperson of the school council. Duties of the
chairperson shall include:
1.
Conducting school council meetings
2.
Compiling and distributing the agenda for council
meetings
3.
Serving as official custodian of council records
4.
Stating when a consensus is present for the record
5.
Coordinating standing and ad hoc committees
6.
Maintaining a file of all correspondence addressed
to the school council
7.
Carrying out other duties as described in these
by-laws.
C. VICE-CHAIRPERSON
Duties of
the vice-chairperson shall include:
1.
Presiding over council meetings in the absence of
the chairperson
2.
Calling a special meeting of the council in the
event a principal vacancy occurs
3.
Conducting meetings necessary for the principal
hiring process to take place.
D. SECRETARY
A council
secretary shall be appointed by the principal to keep minutes of all council
meetings and to maintain council records.
E. COUNCIL MEMBERS
Duties of
the council members shall include:
1.
Knowing and adhering to the mission, philosophy, and
goals of
2.
Attending all council meetings, both regular and
special
3.
Encouraging and requesting opinions from their
constituencies
4.
Supporting, promoting, and communicating council
decisions
5.
Seeking information independently and as needed
about issues brought before the school council, and bringing that information
to the council.
ARTICLE V. COMMITTEES
A. PURPOSE
1.
Standing and ad hoc committees are established to
gain input from all stakeholders including certified and classified staff,
parents, students, and community members.
2.
Standing and ad hoc committees shall serve as a
council resource for gathering data and information and making recommendations
to the school council.
B. COMMITTEE APPOINTMENTS
Standing and ad hoc committees are formed and dissolved by the school
council as needed.
C. MEMBERSHIP & ELECTION OF CHAIRPERSON
1.
All certified staff may participate in the shared
decision making process at
2.
Each committee shall consist of representatives from
the faculty, support staff, parents, and students (when appropriate).
3.
Committee membership is open to interested persons.
4.
Committee membership will be determined by posting
sign up sheets in the school no later than May 31st. Teachers or
parents who volunteer to serve on a particular committee through the sign-up
process shall be considered appointed to the committee.
5.
Committees shall elect a chairperson from their
membership no later than September 1 who shall serve for a term of no longer
than one year.
D.
DECISION MAKING
Committee
decisions shall be made by consensus. In
the event that consensus is not possible, a majority of the committee may
decide that an issue shall be decided by majority vote.
E. DUTIES
1.
Committees shall carry out tasks as assigned to them
by the school council.
2.
Committees may decide to bring issues of concern or
interest to the school council.
3.
Committees may research issues, gather school-wide
input, or prepare first and revised drafts of school council policies.
4.
Committee chairpersons or their designees will
report at each regular council meeting, or as requested by the school council.
5.
Committee chairpersons shall provide the council
secretary with written minutes of their meetings no later than 10 days after
the meeting occurred.
F. MEETINGS
1.
Each committee shall choose the time, place, agenda,
and schedule for their meetings.
2.
Committees must comply with all provisions of the
Open Meetings and Open Records laws.
G. STANDING COMMITTEES
1.
Standing committees for
a.
Academic Performance
b.
Learning Environment
c.
Efficiency
Continued
need for standing committees will be reviewed and confirmed by the school council
each August at the regularly scheduled meeting.
2.
A list of standing committees, a brief description
of their purpose, and a list of each committee’s membership shall be maintained
as part of council records.
ARTICLE VI. SCHEDULE OF MEETINGS
A. REGULAR MEETINGS
1.
The regular monthly meeting of the Louisa East
Elementary School Council shall be the _______________________ of every
month. Council meetings shall be open to
the public. Meetings will begin at and not exceed 2
hours. If all items on the agenda
have not been adequately discussed after 2 hours, the council may decide
by motion, second and majority vote to extend the length of the meeting or to
place the remaining agenda items on the next month’s agenda or on the agenda
for a special meeting.
2.
The regular monthly meetings will be held at
3.
The principal/council member designee shall provide
local news media of the council’s regular meeting schedule for the year in July
and notify the local news media of any cancellations.
4.
The principal/council member designee shall notify
parents, teachers and public by notice posted on the marquee and in the
front office.
B. SPECIAL MEETINGS
1.
If the council needs to meet between regular meetings, or if the regular
meeting is rescheduled,
the chairperson or a majority of
the school council members may call a special meeting. The
following steps must be
completed by the chairperson when a special meeting is called:
a.
Written Notice: The chairperson/designee or vice-chairperson shall
sign a written notice that states the date, time, and place of the special
meeting and the agenda for the meeting.
Only the items on the agenda can legally be discussed at the special
meeting.
b.
Delivery of Notice: The
chairperson/designee or vice-chairperson shall arrange for the notice to be
delivered to each council member and to any media organization that has asked
to be notified of the council meetings.
The delivery can be by hand, FAX machine, e-mail, or mail but the notice
must be received at least 24 hours prior to the time of the meeting.
c.
Posting of Notice: The notice
for the special meeting shall be posted by the chairperson/designee or
vice-chairperson on the school marquee and in the front office at least 24
hours prior to the time of the meeting.
2. In
addition to these requirements, the principal/designee shall announce to
teachers the time and
the reason for the special called meeting
at least 24 hours prior to the meeting via PA system, e-
mail, or written notice.
ARTICLE VII. CONDUCT OF MEETINGS
A.
QUORUM
1. A quorum of the school council shall be a
majority (more than one-half) of the council
members.
2. Of the majority, at least one member shall be
a parent representative.
3. No council business shall be discussed or
conducted unless a quorum of council members is
present.
B.
ATTENDANCE AT MEETINGS
1.
Anyone who wants to attend a council or committee meeting may do so,
except for those
portions that are conducted as closed
sessions.
2.
Persons wishing to address the council will be heard (up to 5 minutes)
through open chair.
C.
CLOSED SESSIONS
Definition:
A closed session is a portion of a regular or special meeting of the
council during
which the council members meet in
private. The council may meet in closed
session for the
following reasons: to discuss proposed or pending litigation by
or against a council member
(KRS 61.810 (1)(c) or to discuss candidates
for a principal vacancy or conduct consultation in
filling other vacancies (KRS 61.810(1)(f).
Before a closed session can be conducted, the
following steps must be taken:
1.
Announcement:
An announcement of the general nature of the subject to be discussed and
the specific section of the law that allows the conduct of the closed session
must be announced in the open meeting and recorded in council minutes.
2.
Motion: The motion
to go into closed session must be made, passed by a majority of council members
present, and recorded in council minutes.
3.
Closed Session: During the closed session, only the
business stated in the announcement can be discussed, and no action may be taken. No minutes are to be taken in closed session. If the council secretary is not a council
member, the secretary shall not enter the closed session. Details discussed in closed session shall not
be discussed outside the closed session.
4.
Decision: After
full discussion of the issue in closed session, the council must return to open
session where it may take any official action on the matter. Any actions taken must be recorded in council
minutes.
D.
MATERIALS PRESENT AT MEETINGS
1. The chairperson or vice-chairperson shall
bring:
a. The folder containing all items submitted for inclusion
on the agenda
b. The folder containing all correspondence addressed to
the council that he/she has
received
c. Monthly financial
reports
d. Lists of applicants
for vacant positions
e. SBDM Handbook
f. Robert’s Rules of
Order.
2. The council secretary shall bring the binder
that he/she uses to maintain copies of the
council’s by-laws, policies,
annual budget, monthly spending reports and minutes.
3. All council members shall bring their binders
containing copies of the council’s by-laws,
policies, and school plan.
E.
AGENDA
1.
Prior to a regular scheduled meeting, anyone may
submit items for inclusion on the agenda to the chairperson/principal in
writing on the standard form provided.
The principal shall maintain a complete file of these items.
2.
The chairperson shall prepare a preliminary agenda
for each regular council meeting, including items submitted in writing for
inclusion by the public, staff, parents, other council members and other items
he/she believes should be on the agenda.
The chairperson may declare an item received as not within school council
authority.
3.
Each agenda shall include but not be limited to the
following items:
a.
Setting the final agenda for the current meeting
b.
Review and approval of previous meeting minutes
c.
An opportunity during the course of the meeting for
school or community persons to address the school council
d.
Other items submitted.
4.
The preliminary agenda shall be distributed to all
staff members, school or community persons who submitted items in writing for
inclusion prior to the meeting. A copy
of the preliminary agenda shall be posted in the school prior to the meeting.
5.
Setting of the final agenda shall be the first order
of business conducted at each regular council meeting, and council members may
introduce issues for inclusion on the current agenda at that time. The agenda shall be approved by motion and vote
of the council. At a special called
meeting, only the items listed on the notice of meeting can be discussed, and
no new items can be introduced for discussion or inclusion on the agenda.
F.
DISCUSSION OF AGENDA ITEMS
1.
Each agenda item shall be discussed by the school council before a
decision is made. Each
council member shall be given an
opportunity to express his/her opinion on the item.
2.
Other persons attending the meeting may be recognized by the chairperson
and may address the
council as the chairperson calls upon
them to speak. If a significant number
of persons wish
to contribute to the discussion on a
particular item, the chairperson may set limits on the
number of persons who will speak on
the issue and a time limit for each.
3.
Any agenda item may be referred to a standing or ad hoc committee for
further study as
deemed necessary by the council.
G.
DECISION MAKING PROCESS
1.
Unless otherwise specified, the school council shall
use parliamentary procedures as specified by Robert’s Rules of Order.
2.
All business decisions of the school council will
relate to the school’s mission and purpose to improve the instructional program
and/or further the goals in the school’s comprehensive improvement plan.
3.
No proposed policy may be approved by the school
council at the same meeting at which it was initially proposed for study.
4.
All decisions and policies officially adopted by the
Louisa East Elementary School Council will be reported to the superintendent
and board of education through submission of approved council minutes to the
district office designee.
5.
The school council will make decisions by consensus
except as otherwise designated in the by-laws using the following guidelines:
a.
A motion and a second are made.
b.
After discussion of an item, the chairperson or any
member may state the consensus of the group in one or two sentences.
c.
The chairperson will ask whether any member
disagrees with that statement.
d.
If all members agree, the decision will be recorded
as a unanimous decision in the council minutes.
e. If a
member disagrees, the discussion will continue until a suggestion of consensus
is made that draws no disagreement or until the third suggestion of consensus
fails.
H. ALTERNATIVE TO CONSENSUS
When a third suggestion of
consensus fails, the council may by majority vote determine to:
a.
Vote to send the issue back to a committee
b.
Form an ad hoc committee to study the issue further
(the motion on this vote shall include a regular meeting date when the council
will hear from the committee), or
c.
Decide the issue by majority vote of the council.
I.
CRITERIA FOR MAJORITY VOTE
A majority vote of the council
shall be taken after consensus fails three times if the issue meets the
following criteria:
1. The issue involves the selection of a new
principal: the council shall vote and
the
candidate receiving the
majority shall be selected.
2. The issue involves the number of persons to be
employed in each job classification, the
textbooks to
be purchased, or the budget for or purchase of student support services.
3.
The issue is whether to continue to meet for longer than two hours.
4. The federal or state government or the
district board of education has set a deadline by
which the school
council must make a final decision, and that deadline will occur before
the next regular council
meeting; and
5. The members of the council cannot agree by
consensus to decide the issue at a special
meeting, and a
majority of the council members wish to decide the issue by a majority
vote. When the above exceptions do not apply and
consensus cannot be reached, the issue
may be placed on
the agenda for the next regular meeting or special meeting, and the
decision may be
made at the meeting by majority vote of the council. When voting, any
abstention is
counted with the majority vote.
ARTICLE VIII. MINUTES AND OTHER COUNCIL RECORDS
A. MINUTES TO BE KEPT AND APPROVED
1.
Minutes shall be kept for each meeting of the school
council by the principal.
2.
The minutes shall reflect an accurate record of
actions and votes taken at a council meeting.
Minutes shall show the words of the motion or suggestion of consensus
and the majority vote or unanimous support.
3.
If the action taken was the adoption of a policy,
the entire text of the policy shall be attached to the copy of the minutes kept
on file in the front office for public inspection and filed in the council’s
policy manual.
4.
The minutes of the school council shall not be
official until they are reviewed and approved by the council.
5.
Unofficial minutes for all council meetings will be
provided within 72 hours of the adjournment of the meeting and will be posted on
the bulletin board in the front office and on the school’s website.
6.
The principal will forward copies of unofficial
minutes to the superintendent through the district office designee or by e-mail.
7.
Once minutes become official, copies will be posted
on the front office bulletin board and forwarded to the superintendent through
the district office designee or by e-mail
B. COUNCIL RECORDS AVAILABLE FOR PUBLIC
INSPECTION
The
following are official documents that must be kept on file for public inspection
in the front office and the principal’s office:
Record Title and Description Retain at Agency Disposition
Instructions
q
School Based Decision Permanent Retain
Making Council Minutes
q
School Based Decision Permanent Retain
Making Committee Minutes
q
Improvement
Plan (CSIP)
q
School Council By-Laws Permanent Retain
q
School Council Policies Permanent Retain
q
School Council and Committee Three
(3) Years Destroy
Membership List
q
Teacher Council Member Three (3) Years Destroy
Election Records
q
Parent Representative Council Three
(3) Years Destroy
Member Election Records
q
School-Based Decision Three
(3) Years Destroy
Making Council
Meeting
Announcement
q
School-Based Decision Three
(3) Years Destroy
Making
Committee Meeting
Announcement
q
School-Based Decision One (1) Year Destroy
Making Council/Committee
Meeting
Notification
q
Official Correspondence Permanent Retain
with Council
q
General Correspondence Five (5) Years Destroy
q
Budget Allocation to Council Permanent Retain
q
Budget Expenditure Report Three
(3) Years Destroy after
audit
q
Annual Financial Audit Report Permanent Retain
q
School Council Budget Three (3) Years Destroy
after audit
Documents not in the CSIP
q
School Council Policy Appeals Five
(5) Years Destroy
q
Request for Waiver of Five (5) Years Destroy
Board Policy
q
Request for Professional Three (3) Years Destroy
Development
q
Annual School Report
Permanent Retain
C. REQUESTS FOR COUNCIL RECORDS
1.
Requests for council records must be made in writing
to the principal. Requests must include
specific documents and dates.
2.
The school may charge a fee of 10 cents per page for
copying of council records.
3.
The requested records must be provided to the person
making the request within three business days.
4.
The school council secretary shall make or provide
copies of requested documents at the principal or chairperson’s request. A sign will be posted in the front office
stating the procedures for requesting records.
5.
School council records will be available for
inspection during the hours the school office is open (8:00 a.m. – 3:00 p.m.).
6.
The custodian of records for the school shall be the
principal, and the principal shall make the final determination regarding which
records not listed above are available for inspection and also all matters in
regards to open records requests not covered in these by-laws.
ARTICLE IX. APPEALS
A. REQUEST
For a persons(s) to appeal
a decision of the council or file a grievance, he/she must first request in writing an
opportunity to be heard and shall include information about the grievance
issue.
B. SCHEDULE
A council shall schedule a
hearing within thirty (30) working days from the date the request is received. The person appealing shall be informed of the
hearing by registered letter.
C. HEARING
The person(s) appealing
may be represented by legal council and may call witnesses as long as the
testimony is relevant to the issue.
D. DECISION
The council shall consider
the merits of the complaint, make a decision, and respond in writing to the
complaint.
E. REPORT
A copy of the written
grievance or appeal and a written reply by the council shall be provided to the
superintendent within ten (10) working days of the council’s decision.
ARTICLE X. AMENDMENTS
A. AMENDMENTS TO COUNCIL BY-LAWS
These by-laws may be
amended after a first and second reading at two consecutive council meetings by
majority vote of the school council.
Louisa East Elementary
School 2010
Lawrence County
Schools, 2010 Revised
on October 8, 2010
Reviewed
on July 19, 2010