Policy Title Statement of Guiding Principles Code No. 200
It is the policy of the Board of Trustees to organize and maintain the distinction between those activities which are appropriate to the Board of Trustees as the legislative governing body of the school district, and those administrative activities which are to be performed by the Superintendent of Schools and his staff in the exercise of administrative authority. The functions of the Board can be described as policy-making, appraisal, and evaluation.
The Board of Trustees shall have the further duty of providing the financial means by which the educational program is conducted. They shall also ensure that the community be informed of the needs, purposes, values, and status of the schools.
Date of Adoption:
January 13, 1993
Policy Title Legal Reference Code No. 201
Laws for the schools of Idaho are of two types, mandatory and permissive. Mandatory laws are those that must be carried out, while permissive laws are those that permit an action but do not require it. The legal basis for schools and school boards is found in Chapter 13, Idaho Session Laws of 1963, as amended.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93
Policy Title Selection of the Board Code No. 202
Members of the Board of Trustees shall be nominated by petition containing not less than five signatures of elector residents of the zone in which the nominee is a resident.
In each of the five trustee zones, the person receiving the greatest number of votes cast within that zone shall be declared by the Board of Trustees as the trustee elected from that zone.
The date for the election of trustees and the budget hearing will be set by the Board no later than the regular March meeting. Such trustee election will be held the 3rd Tuesday in May and the Budget Hearing will be held the 2nd Monday in June in accordance with state law. The elected trustees assume office at the annual meeting following the election (July meeting).
Vacancies on the Board will be declared and filled in accordance with Section 54, Chapter 13, Idaho Session of Laws of 1963, as amended. Declaration of vacancy shall be made at a regular or special meeting of the Board. The Board of Trustees will adopt a person qualified to fill the vacancy until the next annual school election. The Board must notify the State Board of Education of such election.
A vacancy will be declared by the Board when (1) a nominee has been elected but has failed to qualify for office; (2) dies; (3) resigns as trustee; (4) there is a tie in the election of trustee; (5) fails to attend four consecutive meetings without excuse acceptable to the board.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93
Policy Title One Nomination for School Trustee--No Election Code No. 202.1
In any election for trustees, if, after the expiration of the date for filing written nominations for the office of trustee, it appears that only one (1) qualified candidate has been nominated for a position to be filled or if only one (1) candidate has filed a write-in declaration of intent as provided by section 33-502A, Idaho Code, no election shall be held for that position, and the Board of Trustees or the school district clerk with the written permission of the Board given by this policy, shall within fourteen (14) days before the scheduled date of the election declare such candidate elected as trustee, and the school district clerk shall immediately prepare and deliver to the person a certificate of election signed by him and bearing the seal of the district. The procedure set forth in this section shall not apply to any other school district election.
Date of Adoption: Legal Reference: (Code of Idaho)
May 13, 1996 33-502B
Revised 5/14/2001
Policy Title Certification of Emergency Fund Levy Code No. 202.2
In any year that the school district is deemed eligible to levy an emergency tax due to an increase in enrollment, the Board gives the Superintendent and the Clerk of the Board the authority to apply for certification of this levy and to advertise this tax increase pursuant to Section 33-805 Idaho Code.
This levy will be approved at the next regular meeting of the Board of Trustees of this District.
Date of Adoption: September 9, 2002 Legal References: Idaho Code 33-805
Policy Title Functions of the Board Code No. 203
The policies for this district will be made by the board of trustees as a unit. Complete and final control rests with the board. Policy established by the board will be carried out only by the Superintendent of Schools. Motions before the board will be decided by majority vote.
The board will establish the educational policies for the district and will determine the personnel policies of the school system. The board will select and employ professional school administrators to manage the school system, and employ necessary personnel (usually upon recommendation of the superintendent). The board shall have the responsibility of procuring, disbursing, and accounting for funds to support the school system, including physical plant and equipment. Each trustee should become familiar with specific powers and duties enumerated in Title 33 of the Idaho Code, as amended. These powers and duties may be exercised and performed only by the board as a duly convened entity. Individual trustees cannot make decisions on behalf of the board. The board shall be responsible for having the district's books audited annually.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93
Policy Title Election of Board Officers and Appointment of Clerk-Treasurer Code No. 204
The chairman of the board shall perform the duties prescribed by law, enforce the rules, sign all documents ordered executed by the board, and perform such other duties as may be directed by the board.
The clerk-treasurer of the board shall perform duties prescribed by the board. She shall attend all meetings of the board of trustees, and keep a record of the proceedings. The clerk shall record all matters required by law or by the board. This record shall be open to inspection by any qualified elector of the district at reasonable times.
When the clerk does not attend a meeting, the board shall appoint a temporary clerk to keep a record of proceedings and certify them to the clerk to be recorded.
The treasurer shall be placed under fidelity bond issued by a surety company authorized to do business in Idaho. The treasurer shall deposit the monies of the district in accordance with the provisions of the Public Depository Law, and the instructions of the board. She shall prepare and submit to the board at the regular meeting a monthly financial report for the district. She shall disburse money by warrant (or check) only, when countersigned by the chairman of the Board or, in his absence, by the vice-chairman of the Board. She shall prepare the district's books and financial records and have them ready for audit each year. The treasurer will prepare and publish the annual financial report as required by statute. She shall perform such other duties as the Board prescribes.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93
Policy Title Annual Meeting Code No. 205
The July meeting is the Annual Meeting for the organization of the Board.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93
Policy Title Regular Meetings of the Board Code No. 206
Regular meetings of the Board shall be held monthly on the second Monday of each month. A quorum for the transaction of business of the Board shall be a majority. All meetings of the Board are open to the public, except executive sessions.
An executive session may be held at any meeting upon 2/3 vote of the members and the reason for the executive session is given and recorded in the minutes. Executive sessions are held for deliberation. The vote or final action taken will be done in open meeting. Executive sessions may be called for:
to consider hiring a public officer, employee, staff member, or individual agent.
to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against a public officer, employee, staff member, or individual agent, or public school student.
to conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency.
to consider records that are exempt by law from public inspection. Negotiations may be conducted in executive session if either side requests closed meetings. Notwithstanding the provisions of section 67-2343, Idaho Code, subsequent sessions of negotiations may continue without public notice.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93
Policy Title Special Meetings Code No. 207
Special meetings may be called by the chairman of the Board or by call of any two members at such times as are required. Notice of the time and place for the meeting must be given to each of the Board members 24 hours before the meeting is to be convened. The business of a Special meeting is limited to that specified in the call for such a meeting. In an emergency, no public notice is necessary, i.e., injury to or damage to persons or property or the likelihood of such injury or damage.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93
Policy Title Committees of the Board Code No. 208
The Board may, when it is necessary or advisable, appoint special committees or study problems, report findings and make recommendations for action to the whole board.
Date of Adoption:
1979
Revised 3/9/92, 1/13/93
Policy Title: School Board Meeting Procedure Code No. 209
Agenda
The agenda for any Board meeting shall be prepared by the Superintendent. Items from the public must be submitted in writing to the Superintendent ten (10) days before the meeting, for inclusion on the agenda.
Additional items may be added after completion and posting of the agenda up to and including the hour of the meeting, provided a good faith effort is made to include in the notice all agenda items known at the time to be probable items.
Regular Meetings
Notices and agendas will be posted at least twenty-four (24) hours in advance of each regular meeting. Notices and agendas must be posted in a prominent place at the school district office and such other places as determined by the Board of Trustees at its annual meeting.
Special Meetings
Special meetings require a twenty-four (24) hour meeting and agenda notice
Order of Business
The order of business shall be reflected on the agenda. Upon consent of the majority of the members present, the order of business at any meeting may be changed.
No business shall be transacted at any meeting of the Board unless a quorum of the members is present. A majority of the full membership of the Board shall constitute a quorum. A majority of the quorum may pass a resolution.
The chairperson, having determined a quorum is present, will call the meeting to order. General rules of parliamentary procedures are used for every Board meeting. The use of proxy votes shall not be permitted. Voting rights are reserved to those trustees in attendance.
The chairperson will maintain order at all meetings and may eject any person not willing to abide by the rules of order. The public has the right to attend Board meetings but the Board in not obligated to allow members of the public to speak at the meeting unless they are on the agenda. If the Board does allow person(s) in attendance to address the Board, it will be reasonable and uniformly applied and limited in time.
Consent Agenda
To expedite business at a Board meeting, the Board approves the use of a consent agenda, which includes those items considered to be routine in nature. Any item which appears on the consent agenda may be removed by a member of the Board. It is strongly suggested that any Board member who wishes to remove an item from the consent agenda give advance notice in a timely manner to the Board Chairperson and/or Superintendent. The remaining items will be voted on by a single motion. The approved motion will be recorded in the minutes, including a listing of all items appearing on the consent agenda.
Minutes
The Clerk of the Board shall keep written minutes of all open Board meetings, which shall be signed by the Chairperson and the Clerk. The minutes shall include:
The date, time and place of the meeting;
The presiding officer;
Board members recorded as absent or present;
All motions, resolutions, orders, or ordinances proposed and their disposition;
The results of all votes, and upon the request of a member, the vote of each member, by name
Legal basis for recessing into executive session; and
Time of adjournment.
When issues are discussed that may require a detailed record, the Board may direct the Clerk to record the discussion verbatim.
Unofficial minutes shall be delivered to Board members in advance of the next regularly scheduled meeting of the Board. Minutes need not be read publicly, provided that members have had an opportunity to review them before adoption. A file of permanent minutes of Board meetings shall be maintained in the office of the Clerk, to be made available within reasonable period of time after a meeting for inspection upon the request.
Adopted: Legal Reference:
1979 Idaho Code 67-2343
Revised: Idaho Code 67-2344
3-9-92, 1-13-93, 3-10-08, 11-15-17 Idaho Code 33-510
Policy Title: Section 504 of the Rehabilitation Act Hearing Procedure Code No. 210
SECTION 504 HEARING PROCEDURE--PURPOSE AND SCOPE
An impartial hearing procedure is available to students and their parents to resolve differences dealing with educational services available under Section 504 of the Rehabilitation Act (hereinafter “Section 504”) when such differences cannot be resolved by means of a less formal procedure. Students and their parents are encouraged to use this school district’s Civil Rights Grievance Procedure for resolution of differences whenever possible.
The hearing procedures and procedural safeguards set forth in this policy apply to the identification, evaluation, or educational placement of a student, as set forth in 34 CFR 104.36. A student qualifies for a free appropriate public education, including related services, under Section 504 if he/she has a physical or mental impairment which substantially limits one or more major life activities.
The following definitions will apply to all related hearing matters:
“Days” means calendar days;
“Parents” means parents or legal guardians;
“Placement” means the program concerning the educational placement of the student.
HEARING PROCEDURES
A Section 504 impartial hearing may be requested by the school district or a parent of an affected student on matters directly related to the school district’s decisions or actions regarding the following:
The identification or eligibility of a student as disabled under Section 504;
The evaluation procedures utilized with the student, including a decision not to evaluate a student; or
The educational placement and/or related aids and services recommended for or provided to the student, including any change in placement as a result of disciplinary action.
All requests for a hearing under this policy must be submitted in writing addressed to the Superintendent of Schools. The written request for a hearing must contain:
The specific nature of the dispute;
The specific relief or remedy requested; and
Any other information the school district or parents believe is important to understanding the dispute.
The hearing procedure will be presided over and decided by an impartial hearing officer. The Superintendent of Schools, or his/her designee, will select an impartial hearing officer within fifteen (15) days of receipt of the request for a Section 504 hearing. The selected impartial hearing officer will:
Be qualified to review school district decisions relating to Section 504;
Be impartial and unbiased; and
Not be an employee of the school district.
The selected hearing officer, prior to the hearing, will review the school district’s actions and notify the parties in writing of the date of the hearing. The parents and the school district will be given at least ten (10) days’ notice of the date of the hearing. The notice from the appointed hearing officer will contain:
A statement of the time, place, and nature of the hearing;
A statement of the legal authority and jurisdiction under which the hearing is being held;
A statement of the availability of relevant records for examination;
A concise statement of the issues in dispute;
A statement setting forth the right of the student’s parents or guardian to participate in the hearing procedure; and
A statement of the right to be represented by counsel.
All written correspondence will be provided in English and/or interpreted in the parents’ primary language.
The hearing will be conducted and a written decision will be mailed by the hearing officer to all parties within forty-five (45) days from the date of the hearing assignment, except that either party to the hearing may request a continuance. The continuance may be granted by the hearing officer upon a showing of good cause. Any continuance(s) granted by the hearing officer will extend the time for rendering a final hearing decision for a period equal to the length of the continuance(s).
The appointed hearing officer will preside at the hearing and will conduct the hearing proceedings in a manner that allows all parties the following rights:
The right to be accompanied and advised by counsel and by individuals with special knowledge or training relating to the problems of disabled children;
The right to present evidence and oral arguments;
The right to an electronic verbatim record of the hearing; and
The right to written findings of fact and a decision on the matter.
Parents involved in the hearing process will have the right to:
Have the student present at the hearing; and
Open the hearing to the public.
In cases where there are language differences, an interpreter will be provided by the school district.
The appointed hearing officer will review all relevant facts presented at the hearing and will determine whether the student’s rights have been fully observed. The hearing officer will have the authority to uphold, reverse, or modify the school district’s decisions or actions with regard to the:
Identification of the student as disabled;
Evaluation procedures utilized with the student, including a decision not to evaluate a student; and
Educational placement and/or services and accommodations recommended for or provided to the student.
DECISION OF THE HEARING OFFICER
A copy of the hearing officer’s findings of fact and decision will be delivered to the school district and the parents within forty-five (45) days from the date of the assignment of the hearing officer, unless a continuance was granted.
The decision of the hearing officer is binding on all parties concerned and may be appealed to a court of competent jurisdiction.
RECORD OF THE HEARING
An electronic verbatim recording of the Section 504 hearing will be on file at the school district
administration office and will be available for review upon request by the parents and/or any of the involved parties.
Adopted: Legal Reference:
9-13-10 29 USC Chapter 16
34 CFR Part 104
Amended: