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Board Policies Vol. 3: 2000s

2000s

2100s

2200s

2300s

2400s

2500s

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2000 Board Operational Goals

The Board of Education, as a legally constituted body of elected representatives, bears the responsibility of setting policy for the school district. The Board acts in accordance with authority and responsibility vested in it by federal and state laws, rules, and regulations on behalf of the district’s citizens.

In order to ensure that its educational programs provide all students with a high-quality education, the Board hereby establishes as its goals:

1. to work closely with the community to ensure that Board actions and performance take into consideration the concerns and aspirations of the community;

2. to identify the educational needs of our students and to transform such needs into programs aimed at inspiring students and preparing them for future success;

3. to employ a Superintendent of Schools capable of ensuring that the district maintains its position as an outstanding school system, and that school personnel carry out the policies of the Board with energy and dedication;

4. to provide leadership so that the goals of the district, as set forth by the Board, can be effectively carried out; and

5. to evaluate the Board’s performance in relation to these goals, and to establish and clarify policies based upon the results of such evaluation.

Cross-Ref: 0310, Evaluation of School Board Operational Procedures
0200, School District Operational Goals
0210, Goals for Instructional Program

Adopted June 20, 1995
Adopted March 6, 2012
Revised and Adopted: January 8, 2019

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2100 School Board Legal Status

The Board of Education is a nine-member board elected by district residents. Each member of the Board serves for three years. Typically, three members are elected each year to ensure that the terms of office will not all expire in the same year. Board members are responsible for school district management and policy-making.

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.

Cross-Ref: 2150, Unexpired Term Fulfillment
Ref: Education Law §§1701; 1702; 1703; 1804(I); 2101(2); 2105

Adopted June 20, 1995
Adopted March 6, 2012
Revised and Adopted January 8, 2019

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2110 School Board Powers and Duties

The Board of Education is the governing body of the school district. The Board is entrusted with the responsibility of developing policies under which the district is managed.

The powers and duties of the Board are as stated in the Education Law and other applicable New York State law.

Complete and final authority on all district educational matters, except as restricted by law, will be vested in the Board. The Board may also enter into contracts and agreements in conformity with state law.

Cross-ref: 2111, Board Member Authority
Ref: Education Law §§1604; 1604-a; 1701; 1708; 1709; 1710; 1804

Adopted June 20, 1995
Adopted March 20, 2012
Reviewed: January 8, 2019

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2110-R School Board Powers and Duties Regulations

School Visits by Individual Board Members

Whenever possible, advance notice of official school visits by individual Board of Education members shall be given to the Building Principal. Unless provided with authority of the Board to represent the Board, individual Board members have no more authority than other individual citizens.

When a Board member makes such a visit to a district school, he/she must notify the Principal upon entering the building. Prior to such a visit, the Board member is encouraged to contact the Superintendent of Schools as he/she may either add some suggestions to make the Board member’s visit more meaningful or notify other Board members who might also like to observe a school program. Concerns or opinions related to the educational program in individual school buildings shall be directed to the Superintendent of Schools.

Access to Personnel Files

A member of the Board may review employee personnel records provided that:

1. the Superintendent is requested in advance to present the file at a regularly scheduled open meeting of the Board;

2. the file is reviewed during an Executive Session in the presence of a majority of the Board or their designee;

3. the personnel records are returned in their entirety to the Superintendent at the conclusion of the Executive Session; and

4. no reproduction of the records is made and no written notes are taken of the contents of employee personnel records.

The information contained in such records shall only be used by the Board for the purpose of aiding Board members in decisions regarding personnel employment matters, such as appointments, assignments, promotions, demotions, remuneration, discipline or dismissal; development and implementation of personnel policies; or such other uses as are necessary to enable the Board to carry out its legal responsibilities.

Ref: Education Law §§1604; 1604–a; 1701; 1708; 1709; 1710
8 NYCRR, Part 84
Gustin v. Joiner, 95 Misc. 2d 277 (1978), aff’d 68 AD2d 880 (1978)
Matter of Bruno, 4 EDR 14 (1964)

Reviewed June 20, 1995
Reviewed March 20, 2012
Revised: January 8, 2019

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2111 Board Member Authority

Members of the Board of Education have legal authority for the conduct of the district schools only when acting as a body in a properly convened session. Board members acting as individuals have no authority over personnel or school affairs.

Members of the Board are free to speak to individuals on these issues outside of board meetings but such public expression is not to be construed as board policy. Information from executive sessions must remain confidential at all times, unless release is appropriately authorized. The Board will not be bound in any way by any individual’s statement or action unless the Board, through an adopted policy or by a majority vote of Board membership, has delegated this authority to the individual member.

Cross-ref: 2110, School Board Powers and Duties
Ref: Education Law §§1604; 1701; 1708; 1709; 1710; 1804
Matter of Bruno, 4 EDR 14 (1964)

Adopted June 20, 1995
Adopted March 6, 2012
Reviewed: January 8, 2019

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2120 School Board Elections

The elections of members of the Board of Education shall be held on the third Tuesday in May, unless due to a conflict with religious observance, the Board requests that the Commissioner approve changing the election date to the second Tuesday in May. The request is due to the Commissioner by March 1st. The polls shall be open for those hours designated by the district. The following items shall be voted upon:

1. the annual budget,

2. any vacancies on the Board of Education, and

3. any special propositions that have been properly presented.

Candidates for office shall be nominated by a petition directed to the district clerk, which is signed by at least twenty-five (25) qualified voters of the district or by two (2) percent of the number of voters in the previous annual election, whichever is greater.

Electioneering includes the display or distribution of any banner, poster, placard, button, or flyer, on behalf of or in opposition to any candidate or issue to be voted upon. Electioneering during the hours of any vote is prohibited within the polling place or within 100 feet of any such polling place.

Cross-ref: 1050, Annual Election and Budget Vote
1500, Public Use of School Facilities

Ref: Education Law §§2012; 2014; 2018; 2018-a; 2019-a; 2031; 2031-a; 2035
Appeal of Giuliano, 37 EDR 572 (1998)
Appeal of Fitzpatrick, 30 EDR 124 (1990)
Appeal of Heidbrink, 29 EDR 192 (1989)
Appeal of Gasparini, 23 EDR 25 (1983)

Replaced, Revised, Adopted November 1, 2016
Reviewed, Adopted October 25, 2022

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2120.1 Candidates and Campaigning

Nominations

Candidates for the office of member of the Board of Education shall be nominated by petition. Such petition shall be directed to the District Clerk, shall contain the signatures and addresses of at least 25 qualified voters of the district or two percent 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.

The District Clerk will supervise the procedure used to establish the order of names on the ballot. The Board may reject nominations if the candidate is ineligible or has declared an unwillingness to serve.

Reporting  Expenditures

If a candidate’s campaign expenditures exceed $500, the candidate must file a sworn statement with both the district clerk and the commissioner of education itemizing their expenditures and contributions received. The statement must list the amounts of all money or other valuable things paid, given, expended or promised by the candidate, or incurred for or on the candidate’s behalf with their approval.

A candidate who spends $500 or less is only required to file a sworn statement with the district clerk indicated this to be the case. No other campaign expenditure statement is required.

An initial statement must be filed at least 30 days before the election, a second statement must be filed on or before the fifth (5th) day preceding the election and a final statement must be filed within 20 days after the election.

Electioneering

Electioneering includes the display or distribution of any banner, poster, placard, button, or flyer, on behalf of or in opposition to any candidate or issue to be voted upon. Electioneering during the hours of any vote is prohibited within the polling place or within 100 feet of any such polling place.

Cross-ref: 1050, Annual District Election and Budget Vote
6120, Budget Hearing

Ref: Education Law §§2018; 2031-a

Replaced, Revised, Adopted November 1, 2016
Reviewed October 24, 2017
Reviewed, Adopted October 25, 2022

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2120.2 Voting Procedures

Eligibility to Vote

A person shall be 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 eighteen years of age;

3. a resident within the school district for a period of thirty days next 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 provisions. As provided in section 2025 of the Education Law, each annual or special election or meeting shall have a presiding chairman appointed by the Board. Such chairman shall have the responsibility of properly handling any challenges to the qualification of any voter.

Voter Registration

Voter registration is required in the Guilderland School District. If you are not registered with the school district or the Albany County Board of Elections, you must do so prior to the vote.

Each year the district establishes three registration dates for residents to register in order to be eligible to vote at the annual Budget Vote and Election in May of each year. The last day for registration is no more than 14 or less than five days before the vote and election.

You may register at one of the elementary schools during the hours of 8:30a.m.-2:30 p.m. or at the district office the hours of 8:00a.m.-4:00 p.m. on any of the established registration dates. The dates to be published each year in the board minutes, in the legal notice (published four times) and in district newsletters and on the website.

You may also register with the Albany County Board of Elections during their normal business hours.

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 one clerk appointed by the Board in attendance during all voting hours. Each clerk shall keep a poll list containing the names, signatures, and legal residence of each person before such person is permitted to vote.

Election inspectors shall not advise or induce such voter to vote on any proposition or candidate, and if the election inspector were to learn how the individual voted, the election inspector shall never reveal the vote(s) recorded to any other person at any time.

Write-in ballot slots are required. Ballots containing the names of nominated candidates will be provided by the Board. There will be as many write-in slots as there are vacancies at the time of election.

The writing in of a name in the blank space so provided, will sufficiently indicate a vote.

The district cannot require a voter to place any mark beside the name of a write-in candidate.

Absentee Ballots

The Board permits the use of absentee ballots for voting. Such ballots shall be available for the election of members of the Board of Education, the adoption of the school district budget, and on questions and propositions submitted to the voters of the district. Such ballots, including application forms, will be sent by the District Clerk to qualified voters wishing to vote by absentee ballot, upon request, via first class or certified mail. The application must be completed and returned with the ballot, and the individual must verify therein that he/she meets all voting requirements, and explain the reason for his/her inability to appear in person to vote.

In particular, the individual must explain that he/she will be unable to appear to vote in person on the day of the school district election because:

1. he/she will be a patient in a hospital, or unable to appear personally at the polling place on such day because of illness or physical disability. A voter who claims permanent illness or physical disability may apply for an absentee ballot and the right to receive an absentee ballot for each election thereafter without further application by filing an application containing a statement setting forth the particulars of his/her permanent illness or disability with the Board of Elections;

2. his/her duties, occupation, business, or studies will require him/her to be outside of the county or city of his/her residence on such day;

3. he/she will be on vacation outside the county or city of his/her residence on such day; or

4. he/she will be detained in jail awaiting action by a grand jury; awaiting trial; or is confined in prison after conviction for an offense other than a felony.

The application must be received by the District Clerk at least seven days prior to the election, if the ballot is to be mailed to the voter; or the application must be received by the day before the election, if the ballot is to be personally delivered. Proxy votes are not allowed.

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; 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 Barton, 16 EDR 256 (1977)

Adopted June 20, 1995
Revised April 28, 1998
Revised and Adopted February 14, 2012
Revised and Adopted January 8, 2019

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2121 Board Member Qualifications

The qualifications for the office of Board of Education member include:

1. must be able to read and write;

2. must be a qualified voter of the district; that is, a citizen of the United States, at least 18 years of age or older, and not adjudged to be an incompetent;
(Note: a convicted felon is barred from running for a seat on a board of education if their maximum prison sentence has not expired or if they have not been pardoned or discharged from parole.)

3. must be and have been a resident of the school district for at least one year prior to election;

4. may not have been removed from any school district office within the preceding year;

5. may not reside with another member of the same school board as a member of the same family;

6. may not be a current employee of the school district, except as permitted by law; and

7. may not simultaneously hold another incompatible public office.

No employee of the school district may be a member of the Board, except as permitted by law.

Ref: Education Law §§2102; 2103; 2502(7)

Adopted June 20, 1995
Adopted March 8, 2011
Revised, Adopted November 5, 2014
Revised, Adopted October 24, 2017
Reviewed, Adopted October 25, 2022

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2122 Board Member Oath of Office

Newly elected or appointed Board of Education members must take their constitutional oath of office within thirty (30) days of the beginning of their term of office. They shall be sworn in by Board President, District Clerk or any notary public, and the oath shall be filed with the District Clerk.

Ref: Public Officers Law §§10; 30

Adopted June 20, 1995
Adopted March 8, 2011
Adopted January 6, 2015
Reviewed December 7, 2021

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2130 Board Member Resignation

A member of the Board of Education may resign the office by filing their resignation with the District Clerk. The effective date of the resignation must be within 30 days after the date of filing.

Ref: Public Officers Law §31(1)(h)

Adopted June 20, 1995
Adopted March 8, 2011
Adopted January 6, 2015
Reviewed, Adopted December 7, 2021

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2140 Board Member Removal from Office

A member of the Board of Education may be removed from office for willful violation or neglect of duty, or for willfully disobeying any decision, order or regulation of the Commissioner of Education. The removal may take place only after a hearing on the charges either before the commissioner, at which the board member has a right to be represented by counsel, or before the board itself. A written copy of the charges must be served at least ten (10) days before the hearing. The board member must be afforded a “full and fair opportunity to refute the charges before the removal.”

Notice of the charge and an opportunity for defense shall be provided. Official misconduct may be grounds for removal by the Board after a hearing.

A vacancy on the Board may also be declared if it is clearly established that a member has failed to attend three consecutive meetings without sufficient excuse or if a member has changed legal residence from that of the school district.

Ref:     Education Law §§306; 1709; 2109, 2559
              (Appeal of Taber, 42 Ed Dept Rep 251 (2002))

Adopted June 20, 1995
Adopted March 8, 2011
Adopted January 6, 2015
Reviewed, Adopted December 7, 2021

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2150 Unexpired Term Fulfillment

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 moving out of the school district, of any member or officer of the Board. The person so appointed in the place of any such member of the Board shall hold the office until the next annual election of Board members.

Ref: Education Law §§1709(17); 2113

Adopted June 20, 1995
Adopted March 8, 2011
Revised, Adopted January 6, 2015
Revised, Adopted December 7, 2021

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2160 School District Officer and Employee Code of Ethics

The Board of Education is committed to avoiding any situation in which the existence of conflicting interests of any Board member, officer, employee or agent may call into question the integrity of the management or operation of the school district. The Board recognizes that sound, ethical standards of conduct serve to increase the effectiveness of district officers and staff as educators and public employees in the community. Adherence to a code of ethics promotes public confidence in the schools and furthers the attainment of district goals.

The Board also recognizes its obligation to adopt a code of ethics setting forth the standards of conduct required of all Board members, district officers, employees and agents under the provisions of the General Municipal Law. Therefore, every Board member, officer, employee and agent of the district, whether paid or unpaid, shall adhere to the following code of ethics.

Definitions

  • “Contract” is defined broadly to include any claim or demand against the district or account or agreement with the district, whether expressed or implied which exceeds the sum of $750.00 in any fiscal year.

  • An “interest” is defined as a direct or indirect benefit that runs to the employee as a result of a contract with the district.

  • “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 nonprofessional staff and appointees.

  • “Agent” is an individual, firm or other entity who is authorized to act on behalf of the school district.

  • “Volunteers” are those individuals who volunteer their time and service to the school district as a member of a committee, advisory group, or some other entity involved in the review, consideration, and recommendation to the school district administration and/or Board of Education concerning matters of public business.

Statutory Conflicts of Interest

A conflict of interest occurs when a Board member, officer, employee or agent will benefit personally from contracts made in their official capacity.

No Board member, officer, employee or agent shall have an “interest” (i.e., receive a direct or indirect benefit as the result of a contract with the district) in:

    1. a firm, partnership or association in which they are a member or employee;
    2. a corporation in which they are an officer, director or employee;
    3. a corporation in which they, directly or indirectly, own or control 5% or more of the stock;
    4. a contract between the district and a Board member’s spouse, minor child or dependents, except for an employment contract between the school district, a spouse, minor child or dependent of a Board member authorized by §800(3) of the General Municipal Law or §3016 of the Education Law.

 

  1. Gifts: A Board member, officer, employee or agent shall not directly or indirectly solicit any gift or accept or receive any gift having a value of $75 or more, 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 them in the performance of their official duties or was intended as a reward for any official action on their 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: A Board member, officer, employee or agent shall not disclose confidential information acquired in the course of their official duties or use such information to further their personal interest. This includes matters discussed in properly convened executive session. However, the Board, acting as a whole, may decide to disclose such information where disclosure is not prohibited under the law. Additionally, disclosure of such information is not prohibited where it is warranted to appropriate law enforcement entities for investigation and possible action, or where a board member is compelled to reveal the information in a court case.
  3. Representation before the Board or District: A Board member, officer, employee or agent shall not receive or enter into any agreement, expressed or implied, for compensation for services to be rendered in relation to any matter before the school district.
  4. Disclosure of interest in matters before the Board: A Board member, officer, employee or agent of the district, whether paid or unpaid, must publicly disclose the nature and extent of any interest they or their spouse have, will have or later acquire in any actual or proposed contract, purchase agreement, lease agreement or other agreement involving the school district (including oral agreements), to the governing body and immediate supervisor (where applicable) even if it is not a prohibited interest under applicable law. Such disclosure must be in writing and made part of the official record of the school district. Disclosure is not required in the case of an interest that is exempted under Section 803(2) of the General Municipal Law. The term “interest” means a pecuniary or material benefit accruing to an officer, employee or agent.
  5. Investments in conflict with official duties: A Board member, officer, employee or agent shall not invest or hold any investment directly in any financial, business, commercial or other private transaction that creates a conflict with their official duties. Exceptions to the conflict of interest law can be found in Section 802 of the General Municipal Law (see 2160-E.1).
  6. Private employment: A Board member, officer, employee or agent shall not engage in, solicit, negotiate for or promise to accept private employment when that employment or service creates a conflict with or impairs the proper discharge of the individual’s official duties.
  7. Future employment: A Board member, officer, employee or agent shall not, after the termination of service or employment with the district, appear before the Board in relation to any action, proceeding, or application in which they personally participated during the period of service or employment or that was under their active consideration.
  8. Involvement with Charitable Organizations: A Board member, officer, employee or agent may be involved as a volunteer, officer or employee in a charitable organization which has a relationship with the district. If a Board member is a board member, officer, or employee or agent of the charitable organization the Board member must disclose such relationship in writing to the district, and the Board member must recuse themself from any discussions or votes relating to the charitable organization which may come before the Board. When participating in the activities of the charitable organization, the Board member, officer, employee or agent shall not disclose any confidential information learned in the course of their official duties or use such information to further personal interests. Additionally, the Board member, officer, employee or agent shall not make representations on behalf of the district unless specifically authorized to do so by the Board.
  9. Preferential treatment of students: No person shall attempt to secure preferential treatment for any student attending the schools of the district.
  10. Personnel practice: Merit shall be the controlling criteria in the district’s hiring process, which includes screening by supervisory personnel, recommendations for appointment by the Superintendent to the Board, and appointments by the Board. For the purposes of this regulation, “merit” shall mean the selection of the best qualified candidate for a particular position at the time such position is being filled, after objective screening, interviewing, and comparison of the qualifications of all candidates for the position at that time. Distortion or violation of this principle or variation from it through the use of influence, contacts, or personal relationships shall not be permitted.
  11. Nepotism: Any member of the immediate family of a Board member, or the Superintendent may be employed by the school district for any part time (20 hours if hourly employee or .5 FTE if salaried) or full time contractual position only if approved by a 2/3rds vote as required by law and defined in the decisions of the Commissioner of Education. This statement shall not apply in employment situations which existed prior to the time a person became Superintendent, or a member of the Board, or in cases where the administrator or Board member marries a district employee. In addition, no person upon whom this code is binding shall take part in screening candidates for a position for which a relative is an applicant. In cases where a member of a Board member’s family is being considered for employment, the Board member will disclose the relationship and recuse themself when a vote is taken.
  12. Any member of the Board of Education, employee or agent of the district, or volunteer serving the interest of the school district on any committee or deliberative body shall fully disclose any actual, potential, or perceived conflict of interest that individual may have relating to the matter being discussed. Such disclosure shall be made even if such “interest” is not prohibited conflict of interest as such is set forth by the General Municipal Law or the district’s Code of Ethics Policy and Regulations set forth herein. The purpose of such disclosure is to assess whether any such interest is prohibited and, if not, to insure that all members of any committee or deliberative body are aware of such interest. The objective of such disclosure is to insure transparency of school district decisions and recommendations to best serve the public interest of the school district.
  13. At the beginning of each Board member’s term of office, the trustee shall review and sign the School Board Ethics Guidelines (see 2160-E).

Distribution of Code of Ethics

The Superintendent of Schools shall cause a copy of this Code of Ethics to be distributed to every member of the Board, every officer, employee and agent of the school district. Each officer, employee and agent elected or appointed thereafter shall be furnished a copy before entering upon the duties of the office or employment. In addition, the Superintendent shall ensure that a copy of Article 18 of the General Municipal Law shall be posted in each public building under the district’s jurisdiction in a place conspicuous to the district’s officers, employees and agents.

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.

Ref: General Municipal Law §§806-808
Opn. St. Comp. 2008-01
Application of the Board of Education, 57 EDR Dec. No. 17,147 (2017)
Application of Nett and Raby, 45 EDR 259 (2005)

Adopted October 24, 1995
Revised June 20, 2006
Adopted March 8, 2011
Adopted January 6, 2015
Replaced, Adopted January 23, 2018
Revised, Adopted December 8, 2020
Revised, Adopted: July 5, 2022

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2160-R School District Code of Ethics Regulation

Pursuant to the provisions of Section 806 of the General Municipal Law and Board Policy 2160, the Board of Education promulgates these rules of ethical conduct for the officers, employees, agents and volunteers in the school district. These rules shall not conflict with, but shall be in addition to any prohibition of Article 18 of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts by municipal officers, agents and employees.

Definitions

  1. “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 nonprofessional staff and appointees.
  2. “Volunteers” are those individuals who volunteer their time and service to the school district as a member of a committee, advisory group, or some other entity involved in the review, consideration, and recommendation to the school district administration and/or Board of Education concerning matters of public business.
  3. “Agent” is an individual, firm or other entity who is authorized to act on behalf of the school district.
  4. “Interest” means a pecuniary or material benefit accruing to a municipal officer, or employee or agent unless the context otherwise requires.

Standards of Conduct

Every officer, employee and agent of the district shall be subject to and abide by the following standards of conduct:

  1. Gifts:  An officer, employee or agent shall not directly or indirectly solicit any gift or accept or receive any gift having a value of $75 or more, 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.

    Nothing herein should be construed as prohibiting the traditional exchange of holiday gifts provided discretion is used to ensure that gifts of value are not accepted by staff employees or officers. 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, employee or agent 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, employee or agent 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, employee or agent 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. This paragraph shall not prohibit an officer, employee or agent from fixing at any time a reasonable fee based upon the reasonable value of the services rendered, as long as the compensation is not dependent or contingent upon any action by the school district with respect to such matter. 
  5. Disclosure of interest in matters before the Board:  To the extent that he or she knows thereof, a member of the Board of Education and any officer, employee or agent 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.

    In addition, any member of the Board of Education, employee or agent of the district, or volunteer serving the interests of the district shall disclose to the other members of any committee or review body in which they serve if they have any financial interested in the matter being discussed by that committee or deliberative body.  The intent of this disclosure is to insure that all members of any committee or other district deliberative body are fully aware of any financial interest an individual member may bring to a deliberative process which results in a recommendation being made to District administration and/or the Board of Education.

  6. Investments in conflict with official duties: An officer, employee or agent 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, employee or agent 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, employee or agent shall not for financial gain, 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.  For the purpose of future employment, a two-year prohibition shall apply, except for an individual who seeks a teaching position including substituting or working as a teaching assistant or aide.

    This shall not bar or prevent the timely filing by a present or former officer, employee or agent 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.

  9. Preferential treatment of students:  No person shall attempt to secure preferential treatment for any student attending the schools of the district.
  10. Personnel practice: Merit shall be the controlling criteria in the district’s hiring process, which includes screening by supervisory personnel, recommendations for appointment by the Superintendent to the Board, and appointments by the Board.  For the purposes of this regulation, “merit” shall mean the selection of the best-qualified candidate for a particular position at the time such position is being filled, after the objective screening, interviewing, and comparison of the qualifications of all candidates for the position at that time.  Distortion or violation of this principle or variation from it through the use of influence, contacts, or personal relationships shall not be permitted.
  11. Nepotism: Any member of the immediate family of a Board member, or the Superintendent may be employed by the school district for any part-time (20 hours if hourly employee or .5 FTE if salaried) or full-time contractual position only if approved by a 2/3rds vote as required by law and defined in the decisions of the Commissioner of Education.  This statement shall not apply in employment situations that existed prior to the time a person became Superintendent or a member of the Board, or in cases where the administrator or Board member marries a district employee.  In addition, no person upon whom this code is binding shall take part in screening candidates for a position for which his or her relative is an applicant.  In cases where a member of a Board member’s family is being considered for employment, the Board member will disclose the relationship and recuse him/herself when a vote is taken.
  12. Any member of the Board of Education, employee or agent of the district, or volunteer serving the interest of the school district on any committee or deliberative body shall fully disclose any actual, potential, or perceived conflict of interest that individual may have relating to the matter being discussed.  Such disclosure shall be made even if such “interest” is not prohibited conflict of interest as such is set forth by the General Municipal Law or the district’s Code of Ethics Policy and Regulations set forth herein.  The purpose of such disclosure is to assess whether any such interest is prohibited and, if not, to insure that all members of any committee or deliberative body are aware of such interest.  The objective of such disclosure is to insure transparency of school district decisions and recommendations to best serve the public interest of the school district.
  13. At the beginning of each Board member’s term of office, the trustee shall review and sign the School Board Ethics Guidelines (see 2160-E).

Distribution of Code of Ethics

The Superintendent of Schools shall cause a copy of the Board’s Code of Ethics and this accompanying regulation to be distributed to every officer, employee and agent of the school district via e-mail. In addition, the policy and regulation shall be posted on the district website.  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. Volunteers who serve on building cabinets or district committees will be furnished a copy of the Code of Ethics policy and regulation as part of their written materials. 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, employees and agents.

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.

Review of Code of Ethics

Review of this Code of Ethics shall be placed as an item on the agenda of the Annual Reorganizational Meeting of the Board.

Ref: General Municipal Law, Article 18; General Municipal Law § 805-a & § 806

Reviewed June 20, 2006
Reviewed February 15, 2011
Reviewed January 6, 2015
Revised, Reviewed December 8, 2020

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2160-E School Board Ethics Guidelines

As a member of my Board of Education, I will strive to improve public education, and to that end, I will:

  • Attend all Board meetings insofar as possible, and become informed concerning the issues to be considered at those meetings;
  • Recognize that I should endeavor to make policy decisions only after full discussion at publicly held Board meetings;
  • Render all decisions based on the available facts and my independent judgment, and refuse to surrender that judgment to individuals or special interest groups;
  • Encourage the free expression of opinion by all Board members, and seek systematic communications between the Board and students, staff, and all elements of the community;
  • Work with other Board members to establish effective Board policies and to delegate authority for the administration of the schools to the Superintendent of Schools;
  • Communicate to other Board members and the Superintendent expressions of public reaction to Board policies and school programs;
  • Maintain familiarity with educational and fiscal issues through study and participation in programs providing needed information, such as those sponsored by local, state and national school boards associations;
  • Strive to be educationally and fiscally responsible in all my decisions;
  • Support the employment of those persons best qualified to serve as school staff, and insist on a regular and impartial evaluation of all staff;
  • Avoid being placed in a position of conflict of interest, and refrain from using my Board position for personal or partisan gain;
  • Take no private action that will compromise the Board or administration, and respect the confidentiality of information that is privileged under applicable law; and
  • Remember always to focus on the educational welfare of the students attending the public schools while being mindful of the community’s needs.

Reviewed June 20, 2006
Reviewed February 15, 2011
Reviewed January 6, 2015
Reviewed January 23, 2018

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2170 Board Member Conflict of Interest

The members of the Board of Education shall avoid acting in circumstances where their personal interest conflicts with that of the public whose interest they have been elected to represent. The actions of the Board shall be governed by the applicable provisions of the General Municipal Law, any other applicable law and the code of ethics established pursuant to Board Policy 2160.

Ref: Education Law §§2103; 2502(7); 2590-c; 2590-g; 2590-j(4); 3016
General Municipal Law §§800 et seq.
Local Finance Law §60.10

Adopted October 24, 1995
Adopted March 8, 2011
Adopted January 6, 2015
Reviewed, Adopted December 7, 2021

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2210 Board Reorganizational Meeting

The Board of Education recognizes its obligation to hold an annual organizational meeting. The purpose of the organizational meeting shall be 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 organizational meeting of the Board of Education shall be held on the first Tuesday of July. If that day is a legal holiday, then the meeting must be held on the first Wednesday in July (§ 1707(1)). Alternatively, a board of education may, by resolution, decide to hold the annual organizational meeting at any time during the first 15 days in July.  
The meeting shall be called to order by the Superintendent or designee, who shall preside until the election of a new president. The order of business to be conducted at the organization meeting shall include the following items required or implied by state law and/or regulation:
  1. Administration of Oath
    The District Clerk shall administer the oath of office to newly-elected Board members. Such oath shall conform to Article XIII-1 of the New York State Constitution, and Section 10 of the Public Officers Law; the Clerk shall countersign the oath. After taking the oath of office, the school Board member shall be permitted to vote.
  2. Election of Officers
    The Board shall elect a president and vice-president for the ensuing year, and the District Clerk shall administer the oath of office to them. A majority of all members of the Board is necessary for a valid election.
  3. Appointment of Officers
    The Board shall appoint and the Board President administer the oath of office to the following officials:

    • District Clerk                 
    • Deputy Treasurer
    • District Treasurer      
    • Tax Collector
    • Internal Claims Auditor
  4. Other Appointments
    The Board shall appoint and establish the stipend (if any) for the following positions:

    • Consulting School Physician*
    • General Legal Counsel
    • Other School Physicians
    • Attendance Officer(s)*
    • District Auditors* – Internal and External
    • Audit Committee*
    • Purchasing Agent
    • McKinney-Vento Liaison*
    • Deputy Purchasing Agent
    • Committee on Special Education (CSE)*
    • DASA Coordinator*
    • Committee on Preschool Special Education (CPSE)*
    • Asbestos Designee*                 
    • Records Access Officer*
    • ADA Coordinator 
    • Records Management Officer* 
    • Title IX/Section 504 Hearing Officer(s)*
    • Central Treasurer, Extra Classroom Activity Account*

      *Statutory Requirement

  5. Bonding of Personnel
    The Board will bond the following personnel handling district funds:

    • Tax Collector
    • Internal Claims Auditor
    • District Treasurer
    • Deputy Treasurer
    • Central Treasurer of Student Activity Account

      The Board may, in each instance, specify the amount of the bond it intends to obtain.

      The Board may include any of the above officers in a blanket undertaking, pursuant to law and Commissioner’s Regulations, rather than bond individuals.

  6. Designations
    The Board shall designate:

    • Official depositories for district funds
    • Official district newspapers
      The Board shall fix the day and hour for the holding of regular meetings, which shall be at least once each month while school is in session, in the rooms provided for the Board, unless otherwise ordered by the Board.
  7. Authorizations:
    1. of person to certify payrolls
    2. of school purchasing agent
    3. to establish petty cash funds (and to set amount of such funds)
    4. to designate authorized signatures on checks
    5. of Superintendent of Schools to approve budget transfers
  8. Other Items:
    1. review of Code of Ethics
    2. other required policies
      The Board shall conduct general business at this meeting before it adjourns, if it so desires.
  9. Other Officials:
    The Board may appoint, define the duties, fix the term, and fix the compensation of such other officials as may be necessary for its proper functioning.  
Cross-ref: 1900, Parental Involvement
2270, School Attorney
2220, Board Officers
2230, Appointed Board Officials
2310, Regular Meetings
5100, Attendance
5252, Student Activities Funds Management
5300, Code of Conduct
6240, Investments
6650, Claims Auditor
6680, Internal Audit Function
6690, Audit Committee
6700, Purchasing
6741, Contracting for Professional Services
Ref: New York State Constitution, Article XIII, §1
General Municipal Law §103(2) (official newspapers) 
Public Officers Law §§10; 13; 30
Education Law §§112(1) (residential facility transition liaison); 305(31) (designated educational official); 1701 (meeting to elect president, may elect vice president); 1707 (union free school districts date of meeting); 1904 (central high school districts in Nassau county); 1720(2) (bonding of personnel); 2130 (appoint clerk, bonded treasurer and bonded tax collector); 2502, 2502(9-a) (City of Rensselaer); 2504(small city meetings); 2527 (bonding officials in small city school districts); 2553(9) (City of Rochester), (10) (City of Buffalo); 2563 (large city meetings) 8 NYCRR §§104.1 (requirement to review attendance data); 100.2(ff) (residential facility transition liaison); 170.2 (bonding of tax collector, treasurer, claims auditor); 170.12 (bonding of claims auditor); 172.5 (bonding of extraclassroom activity treasurer)
Adopted April 30, 1996
Revised and Adopted March 8, 2011
Adopted January 6, 2015
Revised, Adopted December 7, 2021
Revised, Adopted October 3, 2023

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2220 Board Officers

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 with the agreement of the Board of Education;
    5. to act as an ex-officio member of all committees;
    6. to call special meetings considered necessary or on request of one member of the Board;
    7. to vote together as a member of the Board;
    8. to perform the usual and ordinary duties of the office;
    9. to act as temporary chairman of the annual district meeting and special district meetings; and
    10. 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

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

Adopted January 9, 1996
Adopted March 8, 2011
Adopted January 6, 2015
Reviewed, Adopted December 7, 2021

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2230 Appointed Board Officials

The Board shall appoint, define the duties, fix the term and compensation of those officials pursuant to Policy 2210 Board Reorganizational Meeting.

The Board may, at any time, appoint, define the duties, fix the terms and compensation of these and other officials, as may be necessary for the proper functioning of the district.

Cross-ref: 2210, Sections III & IV, Board Reorganizational Meeting

Adopted April 30, 1996
Adopted March 8, 2011
Adopted January 6, 2015
Reviewed December 7, 2021

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2230.01 District Clerk

The Board of Education shall annually appoint a District Clerk. Such appointment shall continue until the next reorganizational meeting. The compensation for the District Clerk shall also be fixed annually at the reorganizational meeting. The District Clerk shall as required by law:

1. have working knowledge of the state Education Law concerning the office of the District Clerk, such as the laws governing procedures for annual district meetings and elections, candidates’ petitions and qualifications, teacher tenure hearings, etc.;
2. be a Notary Public;
3. verify and sign official documents;
4. maintain the voter registration list, oversee the election results reports, and oversee the maintenance of the voter registration books;
5. In conjunction with the Assistant Superintendent for Business, conduct the annual district election, budget votes, and special district referendum, including the library budget vote, and certify elections;
6. notify the Town Clerk of the results of all elections and school district votes;
7. give official notice to persons duly elected or appointed to office;
8. take the oath of office of new members of the Board;
9. prepare and coordinate items for the Annual Reorganizational Meeting of the Board;
10. call the Annual District Meeting to Order, call for nominations of a Chairman of the meeting, and, if nominated, serve as Clerk of the meeting;
11. maintain all official records of the school district;
12. file all correspondence and records relating to matters of the school district, involving the Board;
13. keep and file all information regarding special committees of the Board;
14. act as a secretarial liaison between Board, administration, town, and village governments, Chamber of Commerce, library and residents of the school district;
15. prepare and arrange publication of legal notices;
16. act as liaison to the district’s official newspapers to provide meeting notices and follow up on the Board releases;
17. attend all public meetings of the Board (Regular and Special) as well as public hearings of the Board and, when requested:
a. record minutes,
b. handle follow-up correspondence,
c. transcribe and distribute completed minutes;
18. record Board minutes of executive sessions as recorded by the Superintendent;
19. receive, copy, distribute, follow-up and file all incoming correspondence of Board members and keep administration and attorney appraised of correspondence relating to specific situations;
20. receive and answer telephone requests from school Board members, administration, the school attorney, and the community whenever necessary;
21. process registrations for Board members attending various seminars and workshops, make travel arrangements for Board members on Board-related trips, and process expense accounts;
22. process all purchase orders for supplies and services relating to the Board;
23. prepare the expenses of the district meetings, the District Clerk, and Board for the annual budget;
24. participate in the handling of bond sales to ensure successful completion;
25. have a working relationship with school district’s legal counsel;
26. receive subpoenas and claims against the school district as well as process appeals to the Commissioner of Education (see Policy 2270.1, Litigation Procedures.); and
27. perform any other work requested by the Board or the Superintendent.

Ref: Education Law §§902; 2121; 2122; 2130

Adopted April 30, 1996
Revised and Adopted June 6, 2011
Adopted February 2, 2016
Revised, Adopted December 7, 2021

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2230.02 District Treasurer

The Board of Education shall also annually appoint a District Treasurer. Such appointment shall continue until the next Reorganizational Meeting, or until a successor has been appointed.

The District Treasurer shall perform such duties imposed upon the office by statute or law including:

1. report, at least monthly, to the Board the state of all accounts;
2. act as official custodian of all district funds;
3. shall sign all checks, including those for which facsimile signatures have been approved.

The District Treasurer shall perform such other duties as may be assigned to the office by the Board of Education.

The District Treasurer shall file a bond for the faithful performance of required duties, or be covered under a blanket undertaking pursuant to policy 2210, V.

Ref: Education Law §§902; 2121; 2122; 2130

Adopted April 30, 1996
Adopted March 8, 2011
Adopted February 2, 2016
Revised, Adopted December 7, 2021

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2230.03 School Physician(s)

The Board shall enter into an individual agreement for school physician services and, at the Annual Reorganizational Meeting, or as soon thereafter as possible (and prior to September 1), shall appoint a physician or physicians to perform the services identified in each individual agreement for the sums stipulated.

The school physician(s) shall perform the following services, as well as other health-related services deemed necessary and appropriate by the physician and/or school authorities and performed in accordance with the law:

1. physical examination of students who have not been examined by their family physician prior to entry into the grades specified in section 903 of the state Education Law;
2. special physical examinations for students at grade levels other than those specified in the Education Law when deemed necessary by the physician or school authorities;
3. consultation with the school nurse on health related matters when requested;
4. physical examinations for student work permits;
5. approval in the fall of each year of a list of first aid instructions;
6. physical examinations for employees, when requested by the district;
7. school building health inspections, when requested by the Building Principal and/or school nurse; and
8. physical examinations for school bus drivers in accordance with state and federal law and regulations.

The district shall annually designate one of the school physicians as a consulting physician. The role of the consulting physician shall be to advise the district, upon request, on health-related matters as they affect district students and employees.

Ref: Education Law §§902; 2121; 2122; 2130

Adopted April 30, 1996
Adopted March 8, 2011
Adopted February 2, 2016
Reviewed December 7, 2021

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2230.04 School Legal Counsel

The Board of Education will appoint a School Legal Counsel for the district. The Legal Counsel must be admitted to the bar of New York State. The Legal Counsel will be the legal advisor to the Board. In that capacity, the Legal Counsel’s duties will be:

1. to advise the Board with respect to all legal matters relating to the district, including, but not limited to, interpretation of the Education Law of the State of New York, and all other statutes, rules or regulations affecting the district;
2. to be easily accessible to the Board and the Superintendent of Schools (and, at the discretion of the Superintendent, to the administrative staff), with respect to legal matters issuing out of the day-to-day administration of the district;
3. to review and to represent the district in the preparation of any and all contracts which the district may be obliged to execute (other than purchase orders usually issued for the purchase of goods, equipment and services);
4. to advise and assist in matters of litigation pursuant to the retainer agreement;
5. to review the legality of all rules or regulations to be adopted by the Board;
6. to review and advise with respect to any process served upon the district; and
7. to recommend the retainment of such special counsel as deemed necessary in the circumstances, subject to the approval of the Board.

The district, when seeking to retain a School Legal Counsel, will first locate prospective qualified lawyers/law firms by:

1. advertising in trade publications; or
2. checking listings of lawyers/law firms; or
3. 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 Legal Counsel, the district will consider the cost of a retainer (or hourly fee), as well as such other factors as:

1. the special knowledge or expertise of the legal counsel/law firm;
2. the quality of the service provided by the legal counsel/law firm;
3. the staffing of the legal counsel/law firm; and
4. the legal counsel/law firm’s suitability for the district’s needs.

The district will maintain documentation of the written proposals submitted by legal counsel/law firm applicants for the position of School Legal Counsel.

In addition to the annual retainer (or hourly fee), the Legal Counsel shall be reasonably compensated for:

1. all services rendered in connection with litigation and appeals to the Commissioner of Education, state or federal courts, brought by or against the district, the Board or the Superintendent, in addition to those rendered pursuant to the retainer agreement;
2. all services rendered in connection with bond issues or similar financial transaction;
3. assistance in contract negotiations with representatives of employees and in the drafting of negotiated contracts;
4. legal services with respect to any grievances that may be filed by employees or their representatives;
5. tenure and related type hearings; and
6. such services as shall not be reasonably included within the specified duties enumerated as legal counsel duties.

[ By virtue of the district’s insurance coverage, a legal counsel may be designated by the insurance carrier to provide legal services regarding certain legal matters.]

Cross-ref: 2270, Litigation Procedures

Adopted April 30, 1996
Adopted March 8, 2011
Adopted February 2, 2016
Revised, Adopted December 7, 2021

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2240 Board-Superintendent Relationship

The Board of Education believes that the development and adoption of policies is the most important function of a School Board, and the execution of the policies is the function of the Superintendent of Schools.
Delegation by the Board of its executive powers to the Superintendent provides freedom for him/her to manage the school within the Board’s policies and frees the Board to devote its time to policymaking and appraisal functions.
The Board holds the Superintendent responsible for the administration of its policies, the execution of Board decisions, the operation of the internal machinery designed to serve the educational programs and for keeping the Board informed about district operations and problems.

Adopted November 28, 1995
Adopted March 8, 2011
Adopted February 2, 2016

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2250 Board Committees

The Board of Education may, as needed, establish committees whose membership will consist of members of the Board. The president of the Board shall serve as an ex-officio member of all committees to which he/she is not appointed. Board committees shall undertake studies and make reports as charged by the Board, but shall not act on behalf of the Board. Also, any existing standing Board committee (i.e., audit, business practices, communications, and policy) must comply with the Open Meetings law which includes providing public notice of such meetings, holding the meetings in public, and utilizing executive session if applicable.

The Board may establish standing or ad hoc committees and reserves the right to terminate any committees at any time.

Any official policy-level action is the sole discretion of the Board. The Board is in no way obligated to follow committee recommendations. The Board has the right to accept, reject, or modify all or any part of a committee recommendation.

Cross-ref: 2260, Citizens Advisory Committees

2340, Notice of meetings

Adopted November 28, 1995

Revised November 27, 2007

Reviewed and Adopted May 3, 2011

Adopted February 2, 2016

Reviewed and Adopted December 10, 2019

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2255 Board Participation on District-wide Committees

In addition to those committees established by the Board of Education, there may be opportunities for Board members to serve on district-wide committees established throughout the school system. Examples of various groups in which Board members may be invited to participate include, but are not limited to: Safe Schools, Bullying and Harassment Prevention, District Priorities, and Facilities Planning. The role of a Board member as part of any district-wide committee may serve several functions including acting as a liaison between the individual group and the full Board. At a later time, the Board of Education as a whole may determine a future direction based on the recommendations of a committee. Therefore, Board members are charged to listen to the ideas presented and participate without exerting undue influence in any discussion or planning effort. Board members participating on a district-wide committee are acting as individuals and at no time are authorized to speak on behalf of the Board. Subsequently, individual Board members may be asked to provide first-hand information to their fellow Board members about the progress of the district-wide committee on which they serve.

Specific committees where Board member participation is prohibited include but are not limited to the following areas: hiring of teachers, building level cabinets (shared decision making), curriculum cabinets and challenges to curriculum materials or textbooks.

In cases where a Board member chooses to participate on a district-wide committee as permitted under this policy, notification should be provided to the Board of Education as a whole. For this purpose, the superintendent of schools can serve as a facilitator in notifying the other trustees.

Cross-ref: 2250, Board Committees

2260, Citizens Advisory Committees to the Board of Education

Adopted July 6, 2004

Revised and Adopted May 3, 2011

Adopted February 2, 2016

Reviewed and Adopted December 10, 2019

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2260 Ad Hoc Committees to the Board of Education

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 Ad Hoc Committees of representative residents of the district to provide advice and reaction about important matters before the Board which may have special significance for the community.

Each ad hoc committee organized by the Board shall be appointed and discharged by official Board resolutions. Appointments to Ad Hoc 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 such specific areas of the community represented, in which case the Board may, in its discretion, appoint representative members of such groups or areas. The Board shall make reasonable effort to form a committee that is representative of the community.

Resolutions appointing such committees shall state specifically the scope of the work of the committee. Because such advisory committees will vary in size and scope, guidelines shall be developed subject to Board approval which shall give consideration and clarification to the following factors:

  • charge of the committee
  • timetable
  • size of committee
  • membership qualifications
  • expectations of members
  • if a committee recommendation is expected, how a committee recommendation will be reached; i.e., Majority, consensus
  • attendance requirements to maintain committee standing and retain voting privilege
  • if and how majority and minority reports will be handled

Committee reports shall be submitted 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. Ad hoc committees shall be discontinued upon completion of their assignment(s).

Nothing in the foregoing should be interpreted to limit the Superintendent’s ability to create committees of staff, students, and/or parents in the design of recommendations or regulations related to the orderly operation of the district.

Ref: Education Law §§4402; 4601
8 NYCRR §135.3(2)

Cross-ref: 2250, Board Committees
4321, Programs for Students with Disabilities

Adopted May 21, 1996
Adopted January 5, 2010
Revised and Adopted May 3, 2011
Revised and Adopted February 2, 2016
Revised and Adopted January 30, 2024

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2265 Shared Decision-making and School-Based Planning

The Board of Education encourages the participation of the community in improving education in our schools. In accordance with the regulations of the Commissioner, the Board has adopted a plan for the effective participation of parents, students, teachers, administrators, and the school board in shared-decision-making at the building level. This plan specifies:

1. the educational issues which are subject to decision sharing and cooperative planning at the school level;

2. the manner and extent of the expected involvement of all parties;

3. the means and standards by which all parties will evaluate improvement in student achievement;

4. the means by which all parties will be held accountable for the decisions made;

5. the process whereby disputes will be resolved at the local level; and

6. the manner in which all state and federal requirements for the involvement of parents in planning and decision-making will be coordinated with and met by the overall plan.

A copy of the Plan for Participation by Teachers and Parents in School-based Planning and Shared Decision-making shall be available in each school and at the central district office; individual copies of the plan will be provided upon request.

Ref: 8 NYCRR § 100.11

Adopted November 28, 1995
Adopted March 6, 2012
Revised, Adopted December 4, 2018

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2270 Litigation Procedures

The Board of Education recognizes the seriousness of legal allegations against the school district and the importance of responding promptly to such allegations. The Board further acknowledges that it may be served legal documents including notice of claim and summons and complaint documents either by personal delivery or mail delivery.

The Board notes that when service is made on the district by mail it may be addressed to any school official, including Board members, the Superintendent of Schools, District Clerk, Tax Collector, District Treasurer, or any person whose duties generally relate to the administration of school affairs. Because such a large class of persons may be properly served on behalf of the district, the Superintendent shall ensure that district employees whose duties relate to school administration understand their responsibility to identify and immediately forward legal papers to the Superintendent.

If any district employee is sued as a result of action taken by the employee while acting in the discharge of his/her duties within the scope of his/her employment, the district shall provide legal aid and render necessary assistance to the employee in his/her defense, within the

limitations of New York State Law. The district employee shall notify the Superintendent within ten (10) days after the action is brought against him/her. In the event action is submitted to the Board concerning an employee, the employee shall be notified by the Superintendent within ten (10) days.

The Superintendent shall establish effective procedures to ensure that the district responds within the time frames prescribed by law.

Cross-ref: 2230.04, School Legal Counsel
Ref: 22 NYCRR §130.1(b); 130.2
Education Law §2 (13); 3813
Civil Practice Law and Rules §311; 312(a); 318

Adopted April 30, 1996
Adopted March 6, 2012
Reviewed January 8, 2019

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2300 School Board Meetings

Meetings of the Board of Education will be conducted in accordance with the following policies:

  • 1230 Public Participation at Board Meetings
  • 2250 Board Committees
  • 2260 Ad Hoc Committees
  • 2310 Regular Meetings
  • 2320 Special Meetings
  • 2330 Executive Sessions
  • 2340 Notice of Meetings
  • 2342 Agenda Preparation and Dissemination
  • 2350 Board Meeting Procedures
  • 2350-E1 Table of Motions
  • 2350-E2 Rules of Debate
  • 2351 Quorum
  • 2360 Minutes
  • 2382 Broadcasting and Taping of Board Meetings

Adopted July 30, 1996
Adopted March 6, 2012
Adopted December 6, 2016
Adopted January 30, 2024

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2310 Regular Meetings

In order to perform its duties in an open and public manner, and in accordance with state law, the Board of Education will hold regular business meetings once a month.

The time, dates and place of regular Board of Education meetings will be established at the annual reorganizational meeting. In the event that the day appointed for a regular meeting falls on a legal holiday, the meeting will be rescheduled. All regular Board meetings are open to the public. The district will make all reasonable efforts to ensure that the meeting facility provides barrier-free access to the physically handicapped, and accommodates all members of the public who wish to attend.

The district will comply with applicable notice requirements (see policy 2340). Videoconferencing of Board meetings is addressed in policy 2325.

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 District Clerk, and other specified personnel as deemed necessary.

Cross-ref: 2210 Board Reorganizational Meeting
                      2325 Videoconferencing of Board Meetings
                      2340 Notice of Meetings
                      2360 Minutes

Ref: Public Officer’s Law §§102; 103; 104

Adopted July 30, 1996
Adopted November 1, 2011
Adopted March 6, 2012
Adopted December 6, 2016
Revised and Adopted October 11, 2022

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2320 Special Meetings

In an effort to anticipate and respond to special circumstances which may arise during district operations, any member of the Board may call special and/or emergency meetings of the Board so long as notice of the meetings will be given at least 24 hours before the date of the meeting to every Board member. If less than a week in advance, public notice of the meeting will be given to the extent practicable.

If, in an emergency, a special meeting is held before the twenty-four-hour notice can be given, each member may be asked to sign a waiver of notice. A statement regarding the time of notice and signature of such forms shall be entered in the minutes.

Ref: Education Law §§1606; 2504; 2563
Open Meetings Law, Public Officers Law §§100 et seq.

Adopted November 1, 2011
Revised, Adopted December 6, 2016
Reviewed, Adopted March 7, 2023

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2325 Videoconferencing of Board Meetings

I. Videoconferencing – Locations Open to the Public

Members of the Board of Education may attend Board meetings by videoconference, if their location is open to the public, and appropriate public notice has been given as outlined in policy 2340, Notice of Meetings. Such members may participate in all aspects of the meeting, including establishing a quorum, discussions, and voting. Board members participating via video-conference must disclose the total number of people in attendance at that location. To promote the highest degree of confidentiality during executive session, such Board members must sign an affidavit that the only people, if any, present in the room during the executive session were authorized to be there.

The district will make all reasonable efforts to ensure that the facility of the primary meeting site provides barrier-free access to the physically handicapped, and accommodates all members of the public who wish to attend. Sites where a member participates via videoconference which are open to the public are not required to comply with these conditions.

II. Videoconferencing Under Extraordinary Circumstances (Public Officers Law Section 103-a) – Locations Not Open to the Public

extraordinary circumstances, in accordance with state law and this policy. Extraordinary circumstances include: disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the members’ physical attendance at the meeting.

To utilize videoconferencing under extraordinary circumstances, a quorum of Board members must be present in the same physical location(s) where the public can attend the meeting. Board members videoconferencing under extraordinary circumstances can participate in meeting discussions and voting, and their locations are not required to be open to the public, but they do not count towards a quorum unless their locations are open to the public.

The in-person quorum requirement will not apply in the event of a declared state disaster emergency or local state of emergency, if the district determines that such emergency would affect or impair the district’s ability to hold an in-person meeting.

To participate via videoconference under extraordinary circumstances, Board members must notify the Superintendent, District Clerk, or designee, as soon as the need arises, stating the extraordinary circumstance, in order to give proper notice to the public. The district will also notify the Board officers. If extraordinary circumstances arise prior to the meeting, the district will update its public notice as soon as practicable, but no less than 24 hours before the meeting. If the district cannot update its public notice, the district may reschedule its meeting or the Board member may choose not to attend. Such notification may be made by any means (e.g., phone, electronically, in writing or in person), but the Board member should receive confirmation, so they know the request was received and approved.

If more than one Board member wishes to participate in the same meeting by videoconferencing under extraordinary circumstances, the district will consider the need for a quorum at locations where the public may attend. The district may reschedule meetings if appropriate.

The district will give public notice of meetings using videoconferencing under extraordinary circumstances pursuant to policy 2340.

This policy, or the district’s written procedures for videoconferencing under extraordinary circumstances if a separate document, will be posted on the district website.

Except for properly convened executive sessions, all Board members (i.e., those attending both in person and via videoconferencing) must be able to be heard, seen and identified (e.g., their first and last name shown) during the meeting, including all motions, proposals, resolutions or any other matter formally discussed or voted upon.

All meetings that are broadcast or utilize videoconference technology will utilize technology that permits access by members of the public with disabilities, consistent with the Americans with Disabilities Act, as amended.

For all meetings involving videoconferencing under extraordinary circumstances, the district will provide members of the public the opportunity to view the meeting via video, and participate in public comment where public comment is authorized per district policy on public participation.

Minutes of meetings involving videoconferencing under extraordinary circumstances will include which members participated remotely.

All meetings where videoconferencing under extraordinary circumstances is used will be recorded, except those portions held in executive session. Recordings will be posted or linked on the district website within five business days of the meeting, and remain posted or linked for at least five years after the meeting. Recordings will be transcribed upon request.

Cross-ref:
1230, Public Comment at Board Meetings
2310, Regular Board Meetings
2320, Special Board Meetings
2340, Notice of Meetings
2360, Minutes

Ref:
Public Officer’s Law §§102; 103; 103-a; 104
NYS Department of State, Committee on Open Government, Advisory Opinion OML-AO-#5575 (3/6/2018)
“Questions and Answers, Chapter 56 of the Laws of 2022,” NYS Committee on Open Government, https://opengovernment.ny.gov/system/files/documents/2022/05/chapter-56-of-the-laws-of-2022-guidance-document-05-20-22.pdf

Adopted: October 25, 2022

2330 Executive Sessions

The Board of Education may hold executive sessions at which only the members of the Board or persons invited by the Board may be present. However, the executive session is only available for the purpose of discussion, and except as the law allows, formal action must be taken in an open session.

Executive 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.

The motion to go into executive session must be detailed enough to allow the public to understand the topic the Board will be discussing, without disclosing specifics. Discussion in executive session will be limited to the topic(s) identified in the motion.

A Board may not take action in executive session except to vote on disciplinary charges against a tenured teacher.

Individual Board members, acting on their own, cannot disclose matters discussed in a properly convened executive session. However, the Board, acting as a whole, may decide to disclose such information where disclosure is not prohibited under the law. Additionally, disclosure of such information is not prohibited where it is warranted to appropriate law enforcement entities for investigation and possible action, or where a board member is compelled to reveal the information in a court case.

Minutes will be taken at executive sessions of any action that is taken by a formal vote and should consist of a record or summary of the final determination of such action and the date and vote thereon, provided, however, that such summary need not include any matter which is not required to be made public by the Freedom of Information Law. Minutes taken will be available to the public within one week from the date of the executive session.

Cross-ref:
2160, Code of Ethics

Ref:
Education Law §1708 (3)
Public Officers Law §§100 et seq.
Appeal of Rivers, 60 EDR Dec. No 17,989 (2021)
Application of the Board of Education, 57 EDR Dec. No. 17,147 (2017)
Application of Nett and Raby, 45 EDR 259 (2005)
Formal Opinion of Counsel No. 239, 16 EDR 457 (1976)

Replaced, Adopted January 9, 2018
Revised, Adopted: July 5, 2022

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2340 Notice of Meetings

For all regular and scheduled special meetings of the Board of Education, the District Clerk will give adequate notice to all members and to the community, including posting notice of the time and place of meetings on the district website, at the District Office and at each school building.

If a meeting is scheduled at least a week in advance, notice will be given or electronically transmitted to the public and news media at least 72 hours prior to the meeting. A special meeting may be called upon 24-hour notice to Board Members.

When a meeting is scheduled less than a week in advance, the Board will provide or electronically transmit public notice to the extent practicable. Said notice will be conspicuously posted in one or more designated public locations, including the district’s website.

If videoconferencing is used to conduct a meeting where remote locations are open to the public, the public notice for the meeting will indicate that videoconferencing will be used, specify the location(s) for the meeting and state that the public may attend at any of the locations.

If videoconferencing under extraordinary circumstances is used to conduct a meeting, the public notice for the meeting will include that videoconferencing will be used, where the public can view and/or participate in such meeting, where required documents and records will be posted or available, and identify the physical location for the meeting where the public can attend.

If a meeting will be streamed live over the internet, notice will indicate the internet address of the website streaming the meeting.

Cross-ref: 2325 Videoconferencing of Board Meetings

Ref: Open Meetings Law, Public Officers Law §§103; 103-a; 104
Education Law §§1606; 1708; 2504; 2563

Adopted July 30, 1996
Revised November 27, 2007
Adopted November 1, 2011
Revised, Adopted December 6, 2016
Revised, Adopted December 4, 2018
Revised, Adopted October 11, 2022

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2342 Agenda Preparation and Dissemination

The agenda and preparation for meetings shall be the responsibility of the Superintendent of Schools with the approval of the Board President. Board members, employees of the school district, and citizens may suggest agenda items by contacting the Superintendent. The agenda for regular meetings shall always allow for public comment in accordance with Policy 1230.

A complete set of materials for the regular meeting shall be provided to each Board member, the Superintendent, and other specified district personnel as deemed necessary by the Superintendent. In addition, for each regular meeting, copies of the agenda will be available in the meeting room for the convenience of the citizens who attend the meeting, and copies of pertinent agenda materials will be available to the public on the meeting night. Advance dissemination of the agenda shall be the responsibility of the District Clerk.

Cross-ref: 1230 Public Participation at Board Meetings
2300 School Board Meetings

Adopted July 30, 1996
Revised and Adopted November 1, 2011
Adopted December 6, 2016
Reviewed, Adopted March 7, 2023

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2342-E Suggested Agenda Preparation and Dissemination

Items of business for Board action and other information shall be distributed to Board members Friday prior to meetings. The purpose of this early distribution is to allow Board members sufficient time to study the information carefully in preparation for informed decision-making at the Board meeting.

  1. The Superintendent of Schools and the President of the Board will confer prior to the meeting, for the purpose of agenda preparation.
  2. If anyone wishes to have an item placed on the initially distributed agenda, that person should make such a request to the Board President or Superintendent so that it may be considered for inclusion on the agenda.
  3. Any board member may make a motion that an item be advanced on the agenda or deferred to a later time on the agenda, which shall be approved by a majority of the board.
  4. The agenda and supporting materials will be organized and assembled in a convenient sequence, (e.g.)

Public Agenda

Introduction of Visitors
Public Comment
Program Report
Consent Items
Minutes of Past Meetings
CPSE and CSE Recommendations
Reports
Personnel Action
Curriculum and Instruction Information
School Business Management Information
Superintendent Information
School Board President Information
Action Items
Committee Reports
Public Comment
Board Discussion
Executive Session

Reviewed July 3, 1996
Reviewed October 18, 2011
Revised, Reviewed December 6, 2016
Revised, Reviewed March 7, 2023

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2350 Board Meeting Procedures

Each Board of Education meeting shall be conducted in an orderly manner which encourages community understanding and involvement.

Call to Order:

All meetings of the Board of Education will begin with a call followed by the Pledge of Allegiance.

Order of Business:

The order of business at each regular meeting of the Board of Education shall follow the prepared agenda.

Quorum:

A quorum of the Board must always be present to convene a meeting of the Board and to transact business. Board members who are aware that they will be absent from a meeting should notify the Superintendent or the District Clerk as far in advance as possible so that the Superintendent or District Clerk will know whether or not a quorum will exist. (Refer to Quorum policy 2351)

Rules of Order:

Robert’s Rules of Order, Revised shall guide all business procedures of the Board of Education except where in conflict with adopted Board of Education policy. (Refer to Exhibits 2350-E1 Table of Motions and 2350-E2 Rules of Debate.)

Board Action:

It is the intent of the Board to thoroughly consider issues before action is taken. To this end, aside from routine business matters, action of the Board will not take place at the meeting at which an item is introduced. This may be waived by a two-thirds vote of the Board.

Voting:

A vote of the majority of the total number of the members of the Board is required to adopt any resolution, or approve any other item before the Board. Where a statute requires a higher percentage to take action on a specific topic, that percentage is required.

Unless required by law or requested by a member of the Board of Education, a roll call vote on any action shall not be required.

Board Discussion:

The Board discussion section of a meeting is an informal opportunity for Board Members to explore issues and share information which might be a part of future agendas.

Topics and/or areas of concern which could require individual thought prior to discussion ought to be shared with other members in a brief descriptive written statement which will be delivered along with the original agenda materials, if possible. If the item is intended for discussion at the upcoming meeting, it should be clearly noted.

Cross-ref: 2300 School Board Meetings

Adopted July 30, 1996
Adopted November 1, 2011
Adopted December 6, 2016
Reviewed, Adopted March 7, 2023

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2350-E.1 Table of Motions

Download and print the table of motions.

If you are unable to access this file, please email communications@guilderlandschools.net to receive the information in an alternative format.

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2350-E.2 Rules of Debate

Based on Robert’s Rules of Order and notes from “Fundamentals of Parliamentary Law & Procedures by the American Institute of Parliamentarians.”

Definition:

Debate is intentional group thinking. Debate helps the body to become informed on both sides of an issue, enabling it to make a wiser decision. Debate is conducted with formality and courtesy to help preserve order by keeping the exchanges impersonal. We debate a motion, not so much to be heard, but to enlighten and be enlightened.

Rules of Debate:

  • Members must be recognized by the Chair for the right to speak
  • No other member should interrupt while another has the floor
  • Debaters must observe proper decorum

Responsibilities of Members:

  • Every member has the right to share equally in discussion
  • No member should try to monopolize the discussion
  • The member who made the motion has first right to speak to it
  • Members should observe the rules of decorum in debate
  • No member should expect to speak a second time in a debate upon a specific motion as long as members who have not yet spoken desire to speak. (RR, p 384–no member can speak more than twice to the same question on the same day)
  • Members should obey the legitimate orders of the Chair

Responsibilities of the Chair:

  • Has the right to recognize who is to speak
  • Has the responsibility to maintain orderly discussion by protecting the rights of speakers
  • Has the responsibility to seek, as nearly as possible, alternate speakers for those who favor the motions as well as those opposed to the motion
  • Has the responsibility to keep the action moving, not permitting any member to monopolize the discussion or prolong repetition of facts
  • Must see that discussion is germane, is relevant and does not wander from the issue.

Reference: Robert Gibson, 1996
SUNY Parlimentarian

Reviewed July 30, 1996
Reviewed October 18, 2011
Reviewed December 6, 2016
Reviewed March 7, 2023

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2351 Quorum

State law establishes that a majority of the total number of the members of the Board of Education constitutes a quorum. A quorum of the Board must always be present to convene a meeting of the Board and to transact business.

Should there be fewer than a quorum present for a regular or special meeting of the Board, the meeting should not be convened, even if no duty is performed or authority exercised until a quorum is actually present. Should attendance during an already convened meeting fall below a quorum, the members present may exercise one of the following three options:

  • They may properly recess
  • They may adjourn until a specified time they set for an adjourned meeting, which will be deemed a regular meeting
  • They may take measures to obtain a quorum

A vote of the majority of the total number of the members of the Board is required to adopt any resolution, or approve any other action before the Board. The Board has no authority to require a vote in excess of the simple majority set forth in law. Where a statute requires a higher percentage of the total number to pass a resolution, or take action on a specific topic, that percentage is required.

In the event of a meeting in which only the minimum number of members necessary to constitute a quorum are present, final action by the Board may only be taken by the affirmative vote of all members present.

Cross-ref: 2300 School Board Meetings

Ref: Educational Law §2590-j(4); 3016
General Municipal Law §802
General Construction Law §41
Matter of Greenwald, __EDR__(dec.no. 12549, dated July 18, 1991
Matter of Miller, 17 EDR 275 (1978)

Adopted July 30, 1996
Adopted November 1, 2011
Adopted December 6, 2016
Reviewed, Adopted March 7, 2023

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2360 Minutes

The Board of Education believes that open and accurate communication regarding its internal operations enhances the district’s public relations program and provides a record of the district’s progress towards its annual goals. Therefore, the Board will maintain a complete and accurate set of minutes of each meeting.

The minutes will constitute the official record of proceedings of the Board and will be open to public inspection and posted on the district website within one week of executive sessions and within two weeks of all other meetings. Minutes which have not been approved by the Board within this time frame will be marked, “DRAFT.” A draft of the minutes of each meeting will be forwarded to each member of the Board not later than the time the agenda for the next meeting is disseminated.

All motions, proposals, resolutions, and any other matters formally voted upon by the Board will be recorded in Board minutes. In recording such votes, the names of the Board members will be called in alphabetical order, and the record will indicate the final vote of each Board member.

If a Board member is not present at the opening of a meeting, the subsequent arrival time of such member will be indicated in the minutes. The minutes of any meeting involving videoconferencing under extraordinary circumstances will include which Board members participated remotely.

Unabridged video or audio recordings, or unabridged written transcripts, can be used as minutes and made available to the public as such.

Ref: Open Meetings Law, Public Officers Law §§103-a; 106
Freedom of Information Law, Public Officers Law §§84 et seq.
Education Law §2121

Adopted November 26, 1996
Revised and Adopted December 13, 2011
Revised and Adopted December 6, 2016
Revised and Adopted October 11, 2022

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2382 Broadcasting & Taping of School Board Meetings

As a meeting of a public body, school board meetings are open to the public so that people can witness and observe the decision making process. To further reach members of the community who may not be able to attend, meetings open to the public are open to being photographed, broadcast, and/or webcast.

The use of photography, broadcast, recording equipment or other such device to allow for the broadcasting or recording of public meetings of the Board of Education, or a committee appointed thereby, is permissible as long as use of the device is not obtrusive or disruptive, or interferes with the deliberative process of the Board, or the right of anyone attending to observe or listen to the meeting. Persons whose actions interfere with the deliberative process will be given a reasonable opportunity to modify their actions.

The Board reserves the right to direct that an audio or visual recording be made to ensure a reliable, accurate, and complete account of Board meetings. Original, unedited versions of the recording may serve as meeting minutes (see policy 2360, Minutes).

Cross-ref:
2360, Minutes

Ref: Open Meetings Law, Public Officers Law §§100 et seq.
Committee on Open Government, Model Rules: Public Access to Meetings of Public Body, https://opengovernment.ny.gov/open-meetings-law
Mitchell v. Board of Education of Garden City UFSD,
113 AD2d 924 (1985)
Feldman v. Town of Bethel, 106 AD 2d 695 (1984)
People v. Ystueta, 99 Misc 2d 1105(1979)

Adopted November 1, 2011
Revised and Adopted May 24, 2016
Reviewed, Adopted March 7, 2023
Revised, Adopted October 3, 2023

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2390 Board Hearings

The Board of Education shall schedule public hearings in accordance with the law and on occasions when it wishes to gather information and seek opinions on important issues affecting the school district. At the beginning of each hearing the Board may present information on the topic of the hearing. The Board shall take no formal action at a public hearing.

The time and place of the hearings shall be designated in the notice of the hearing. All interested persons or their representatives shall have an opportunity to present facts, views, or arguments relative to ideas or proposals under consideration. Speakers shall be required to give their name and address. Non-residents do not have the privilege of speaking at public hearings except when permission is granted by the board president.

Speakers at public hearings, will be limited to three minutes for their presentation.

However, this time limit may be adjusted at the beginning of the hearing by the board president if the size of the audience or the number of requests to speak is small and an increase in the time would not unduly extend the length of the hearing. Any such adjustment in time shall apply to all speakers from the audience.

Any speaker who is out of order may be cautioned by the board president. If such remarks or behavior persists, the speaker’s privilege may be terminated.

Adopted December 10, 1996
Adopted January 8, 2013
Revised and Adopted: January 8, 2019

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2400 Board Policy

A Board policy is a course or principle of action, adopted by the Board of Education, which is meant to guide and direct the work of the Board, Superintendent, and staff in organizing and operating the school district.

Board policies are the chief instruments by which the Board governs the school district.

Adopted December 10, 1996
Revised, Adopted January 8, 2013
Revised, Adopted February 11, 2019

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2410 Formulation, Adoption and Amendment of Policies

The Board of Education recognizes that the adoption of written policies constitutes the basic method by which the Board exercises its leadership in the operation of the district. Policies may be proposed for adoption, change, or repeal at any regular or special Board meeting, by any member of the school community. The Board delegates to the Superintendent of Schools the responsibility and authority to establish any and all rules, regulations, and/or procedures necessary to implement and maintain its policies.

Accordingly, the Superintendent is directed to participate in the Board’s program of policy revision which includes:

1. periodic review and evaluation of all current Board policy, pursuant to policy 2460, Policy Review and Evaluation;

2. preparation of additional policies as needed;

3. consultation with district staff and community members on an advisory basis; and

4. presentation of proposed policy in draft form to the Board for consideration prior to action.

Since policies often affect the students, employees and/or citizens of the district, the

Board shall make a continuing effort to try to involve as many relevant groups as reasonable during policy development. To assure these groups 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 the meeting during which it is first presented to the Board for consideration, unless a 2/3rds majority of the Board determines that it is necessary to do otherwise.

To adopt, change, or repeal a policy requires a majority vote of the entire Board. Rules and regulations are subject to modification by Board action. Such actions shall be subject to the same approval procedure governing policy adoption as described previously in this section.

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. Every Board and staff member shall have access to policies via the district website.

Cross-ref: 2460, Policy Review and Evaluation
Ref: Education Law §§1604(a); 1709(1); 1804

Adopted December 10, 1996
Revised, Adopted January 8, 2013
Reviewed: August 14, 2018

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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. The Superintendent shall inform the Board promptly of such action and of the possible need for policy.

Adopted December 10, 1996
Revised, Adopted January 8, 2013
Reviewed: August 14, 2018

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2450 Policy Dissemination

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 a current copy of all policies and regulations on the district website;

2. share with all community members about the availability of complete and updated policies and regulations on the district website;

3. encourage all stakeholders to gain familiarity with Board policies and regulations;

4. keep a copy of the Board policy manual in the district office.

Adopted December 10, 1996
Revised, Adopted January 8, 2013
Reviewed: January 8, 2019

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2460 Policy Review and Evaluation

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 periodically review all policies to ensure they are up-to-date. If necessary, the Board may note policies which must be reviewed more frequently.

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)

Adopted December 10, 1996
Revised, Adopted January 8, 2013
Revised, Adopted: August 14, 2018

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2470 Student-Directed Policy Proposals

The Board of Education recognizes the value inherent in supporting the participation of students in improving education in our schools and believes that students must gain an understanding of and appreciation for how the Board of Education bears the responsibility of setting policy for the school district. Further, the Board of Education supports the concept of creating procedures for such purposes to assist in building a strong understanding of civic duty, developing interests in community leadership, and gaining an understanding of the elements and responsibilities of good citizenship.

In an effort to support this purpose, the Board of Education seeks to create a procedure under which active students in good standing can present requests to the Board to alter, revise, and/or create new Board policies.

The Board is not obligated to approve any policy requests submitted pursuant to this policy. Requests that meet the criteria outlined below are not guaranteed approval by the Board because policy requests are suggestion for Board consideration. This policy determines how those suggestions are to be proposed. The criteria outlined in this policy establish minimum standards in order for a policy request to be considered, but the Board has the right to apply other standards beyond the minimum at its discretion.

Policy Proposal Steps Required

  1. Requests for policy revisions will be submitted to the Superintendent of Schools in writing.
  2. The Superintendent or designee will review the request to ensure that it includes and conforms with the following criteria and is eligible to be considered by the Board:
    Require Proposal Components

    • Name and grade level of student submitting the proposal.
    • A written statement outlining the purpose, rationale, and goal of the policy revision, and an explanation of how the proposed policy revision supports a stated district goal, current academic endeavor or programs, or curriculum.
    • If the proposed policy is new (i.e., a policy that is not currently adopted by the Board), a full and type-written policy statement.
    • If the proposal is for the revision or alternation of a currently adopted policy, then the proposal shall include both (i) a red-lined version of the current policy showing the proposed revisions and (ii) a clean copy of the policy incorporating all proposed revisions.
    • Evidence of support from a faculty advisor/sponsor.
    • Evidence of student support for the proposed policy, which shall be demonstrated by signatures, including written name, signature and grade level, of at least 100 of the full-time student population (K-12) at the time the proposal is submitted.

      Exclusionary Criteria to be Considered by the Superintendent or Designee Upon Receipt of the Request

    • The proposal satisfies all required proposal components.
    • The policy may not be libelous, defamatory, obscene, lewd, vulgar, or profane.
    • The policy may not violate federal, state or local laws.
    • The policy may not violate any existing district policy.
    • The policy may not interfere with or advocate interference with the rights of any individual or the orderly operation of the schools and their programs.
  3. If eligible to be considered by the Board, the Superintendent will arrange for the proposal to be added to an agenda to be presented to the Board’s Policy Review Committee at an upcoming, legally warned Policy Review Committee meeting. If the request is ineligible for consideration, the Superintendent or designee will notify the requestor(s) in writing of the reason for ineligibility.
  4. Upon presentation by the Superintendent, the Board’s Policy Review Committee will review the proposal. The Policy Review Committee may, if it so determines, make revisions to the proposed policy, but only if those revisions are in conformance with the purpose, rationale, and goal of the policy revision set forth in the proposal. If the Policy Review Committee determines that the proposal should be considered by the Board of Education, then it will arrange for the proposal to be added to the agenda to be presented to the Board at an upcoming, legally warned Board of Education meeting.
  5. If either the Superintendent or the Board’s Policy Review Committee determine that a request to be ineligible and the requestor(s) disagree with the Superintendent or Policy Review Committee’s eligibility decision, the requestor(s) may appeal to the Board of Education in writing for the request to be heard. The Superintendent or Policy Review Committee’s written response and rationale for determining the request ineligible will be submitted as a part of the materials for consideration by the Board as it hears the request on appeal. Appeals must be submitted to the Board of Education within fourteen (14) calendar days of the date of the eligibility denial issued by the Superintendent or Policy Review Committee.
  6. After submission to the Board of Education by the Policy Review Committee, and to assure the community a reasonable opportunity to advise the Board of their reactions to and feelings about the proposal, no official Board vote shall take place on a proposal at the meeting during which it is first presented to the Board for consideration, unless a 2/3rds majority of the Board determines that it is necessary to do otherwise.
  7. Should the Board of Education vote to adopt the proposed policy, then the formal adoption of said policy shall be recorded in the Board minutes.

Cross-ref: 2400 Board Policy
2410 Formulation, Adoption and Amendment of Policies
2450 Policy Dissemination
2460 Policy Review and Evaluation

Ref: Education Law §§1604(a); 1709(1); 1804; General Municipal Law, §§39; 104-b 8NYCRR §100.21(1)(2)

Adopted: September 13, 2022

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2510 New Board Member Orientation/Required Training

Orientation

The Board of Education and the Administrative staff shall assist each new Board member-elect to become familiar with and to understand the Board’s functions, policies and procedures, and the school district’s operation. Each Board member-elect shall, as soon as possible:

1. be given selected materials covering the function of the Board and the school district, including (a) policies, (b) copies of key reports prepared during the previous year by school Board committees and/or the administration, c) latest financial report of the district, (d) any other materials which may be deemed helpful and informative including but not limited to the School Law Handbook, newspapers, publications, school yearbooks, etc.;

2. be invited to attend all Board meetings and functions, including (at the discretion of the Board) executive sessions, and to participate in discussion. Each new Board member-elect will be subject to the same rules of confidentiality as a seated Board member;

3. be invited to meet with the Superintendent of Schools and other administrative personnel to discuss the services that they perform for the school board and the school district;

4. be invited and encouraged to attend the New York State School Boards Association’s workshop for New School Board Members; and

5. to be given information regarding mandatory fiscal and governance training for new school Board members.

Required Training

Members of the Board of Education elected or appointed for a first term are required by New York State Law, within the first year of their term, to complete a mandatory training that includes fiscal oversight responsibilities and governance skills.

These mandatory trainings may be taken together as a single course or separately.

Each member shall demonstrate compliance with these requirements by filing with the District Clerk a certificate of completion of such course issued by the provider. Actual and necessary expenses incurred in complying with this requirement shall be a charge against the school district. In addition, Board members are encouraged to participate in additional educational opportunities offered through NYSSBA, CAPSBA, BOCES, etc.

Cross-ref: 2521, School Board Conferences, Conventions, and Workshops

Ref: Education Law §2102-a

(Eliminated Policy 2520*)
Adopted February 25, 1997
Revised, Adopted January 8, 2013
*Revised, Adopted May 23, 2017
Reviewed, Adopted October 25, 2022

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2521 School Board Conferences, Conventions, Workshops

In recognition of the need for continuing in-service training and development for its members, the Board of Education encourages the participation of all members in meetings and activities of area, state, and national school boards associations, as well as in the activities of other educational groups. Board members are encouraged to study and examine materials received from these organizations as well as publications available to the board.

In order to control both the investment of time and funds necessary to implement this policy, the Board establishes these principles and procedures for its guidance:

1. The Superintendent of Schools will distribute to each Board member listings of school board conferences, conventions, and workshops.

2. The Board will reimburse conference attendees (Board members) for reasonable and necessary expenses not paid for directly by the district.

3. When any Board member attends a conference, convention, or workshop, the member will be expected to share information, recommendations, and materials acquired at the meeting.

The Board will maintain sufficient oversight of these activities so that they do not become a financial burden to the district.

Adopted February 25, 1997
Revised and Adopted June 18, 2013
Revised and Adopted January 8, 2019

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2530 Membership in School Boards Associations

The Board of Education shall maintain memberships in the Capital District School Boards Association, the New York State School Boards Association, or any other organization the Board deems appropriate.

Board members are encouraged to participate in association events for the purpose of Board development and gathering new information.

Ref: Education Law §1618
General Municipal Law §77b

Adopted February 25, 1997
Revised and Adopted June 18, 2013
Revised and Adopted January 8, 2019

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2700 Board-Staff Communications

The success of any school system requires effective communication between the Board of Education and school staff. Such communication is necessary for facilitating proposals for the continuing improvement of the educational program and for the proper disposition of personnel problems which may arise.

The main goal of both the Board and the staff is to provide the best possible educational opportunities for the entire community. To achieve this end, good Board-staff relations must be maintained in a climate of mutual trust and respect.

In accordance with good personnel practice, staff participation in the development of educational and personnel policies will be encouraged and facilitated. The Superintendent will develop appropriate methods to keep staff fully informed of the Board’s priorities, concerns and actions, and for staff to communicate information related to district operations.

All communications and reports to the Board from staff members and staff organizations will be submitted through the Superintendent. All official communications, policies, and directives of staff interest and concern will be communicated to staff members through the

Superintendent. However, this will not be construed as denying the right of any staff member to appeal any action of the Superintendent to the Board.

All effective means of facilitating channels of communication between the Board and staff will be used for the mutual benefit of the school system and the community.

Adopted February 25, 1997
Revised and Adopted June 18, 2019

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2710 Communication Among Individual Board Members

The Board of Education recognizes its responsibility to adhere to the Open Meetings Law and protect the public’s right to observe its meetings and deliberations. The Board shall adhere to the spirit and intent of this law and agrees that private, informal communication will not be used to replace board meetings.

Voting, action, and/or deliberation by a board may only occur at a meeting during which a quorum of board members has physically convened or convened by means of video-conference.

While individual board members may communicate to share information or expertise, the Board does not condone any communication (i.e., telephone, conference call, mail, or e-mail), directly or serially, which has the intent or effect of circumventing the Open Meetings Law.

Freedom of Information Law

In addition, the Board recognizes communications maintained in some physical form, including e-mail stored in a computer, that are received or prepared for use in board business or containing information relating to board business may be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by state or federal law.

Board members shall avoid reference to confidential information about employees, students or other matters in e-mail communications because of the risk of improper disclosure. Board members shall comply with the same standards as school employees with regard to confidential information.

Adopted May 24, 2011
Adopted February 2, 2016

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