Please be advised that the District's Policy Manual developed with Erie 1 BOCES Policy Services is not to be interpreted as the rendering of legal advice. Application of Board policies to specific situations may necessitate consultation with the School Administrators/School Attorney to address the particular circumstances.
Contained herein are the policy statements formulated by the Board of the Holley Central School District.
Policy is defined as a basic plan of action. It establishes limits within which freedom of judgment can be exercised.
Policy is a governing principle of management. It is a statement that has an effect on the interests of those who come under its jurisdiction. A policy may originate from the constitution, from statute, from local determinations and/or from customary patterns of formal behavior.
Policy should accomplish the following:
a) State a position taken by the District;
b) Grant the authority to act;
c) Be sufficiently detailed to give adequate direction;
d) Be achievable within the real environment of the school and community;
e) Provide for impartial procedures.
In addition to the adopted policies, the operation of the District is governed by and subject to all applicable Laws, regulations of the Commissioner of Education, Civil Service requirements, Board of Education Resolutions, School Administrative Regulations and Contracts of Agreement.
If any part of this manual is made invalid by judicial decision or legislative or administrative enactment, all other parts shall remain in full effect unless and until they are amended or repealed by the Board. The official record of the adoption, amendment, or repeal of the by-laws and policies of the Holley Central School District shall be the minutes of the meetings of the Board.
HOLLEY CENTRAL SCHOOL DISTRICT POLICY MANUAL CONTENTS
The following abbreviations will be used in the Policy Manual:
USC United States Code
CFR United States Code of Federal Regulations
NYCRR New York Code of Rules and Regulations
8 NYCRR Regulations of the Commissioner of Education
In preparing individuals to develop their fullest potential for living in the society of today and tomorrow, the Board and the staff of the District:
I. Recognize their responsibility to help meet the physical, intellectual and emotional needs of children; particularly the needs to inquire, learn, think, and create; to establish aesthetic, moral and ethical values; and to relate satisfactorily to others in social situations involving family, work, government and recreation.
II. Accept primary responsibility for giving students a mastery of the basic skills of learning, thinking and problem-solving; for teaching them to use the various media of self-expression; for instilling in them a knowledge of the social and natural sciences; for acquainting them with the richness of our heritage; and for stimulating them to productive work in the various areas of human endeavor.
III. Acknowledge the importance of their supplemental role to the home and other social agencies in developing habits and attitudes which make for effective personal living, the maintenance of optimum physical and mental health, and the establishment of sound moral, ethical, and aesthetic values.
Realizing that education, as here defined, is a lifelong process, the School System seeks to orient its graduates toward various types of post-secondary education and further formal training and study of many types; and to provide educational opportunities particularly suited to the needs of adults, both as individuals and as citizens in a democracy.
Holley Central School District NUMBER ORGANIZATION OF THE BOARD OF EDUCATION 1.1 School District and Board of Education Legal Status 1110
1.2 Board of Education Authority 1120
1.3 Number of Members and Terms of Office 1130
NOMINATION AND ELECTION OF BOARD OF EDUCATION MEMBERS 2.1 Board of Education Members: Qualifications 1210
2.2 Board of Education Members: Nomination and Election 1220
2.3 Reporting of Expenditures and Contributions 1230
2.4 Resignation and Dismissal 1240
THE ROLE OF THE BOARD OF EDUCATION 3.1 Powers and Duties of the Board 1310
3.2 Nomination and Election of Board Officers 1320
3.2.1 Duties of the President of the Board of Education 1321
3.2.2 Duties of the Vice President of the Board of Education 1322
3.3 Appointments and Designations by the Board of Education 1330
3.3.1 Duties of the District Clerk 1331
3.3.2 Duties of the School District Treasurer 1332
3.3.3 Duties of the Tax Collector 1333
3.3.4 Duties of the External (Independent) Auditor 1334
3.3.5 Appointment and Duties of the Claims Auditor 1335
3.3.6 Duties of the Extraclassroom Activities Funds Central Treasurer and
Faculty Auditor 1336
3.3.7 Duties of the School Attorney 1337
3.3.8 Duties of the School Physician/Nurse Practitioner 1338
3.3.9 Duties of the Internal Auditor 1339
BOARD POLICY 4.1 Policy 1410
4.2 Execution of Policy: Administrative Regulations 1420
Holley Central School District NUMBER
MEETINGS OF THE BOARD OF EDUCATION 5.1 Regular Board Meetings 1510
5.1.1 Agenda Format 1511
5.2 Special Meetings of the Board of Education 1520
5.3 Broadcasting and Tape Recording of Board Meetings 1530
MEETINGS OF THE DISTRICT 6.1 Annual District Meeting and Election/Budget Vote 1610
6.1.1 Business of the Annual District Election 1611
6.2 Annual Reorganizational Meeting 1620
6.3 Legal Qualifications of Voters at School District Meetings 1630
6.4 Absentee Ballots 1640
6.5 Submission of Questions and Propositions at the Annual Meeting and
Election and Special District Meetings 1650
RULES OF MEETINGS 7.1 Quorum 1710
7.2 Minutes 1720
7.3 Executive Sessions 1730
SUBJECT: SCHOOL DISTRICT AND BOARD OF EDUCATION LEGAL STATUS The Constitution of New York State, as amended in 1894, instructs the Legislature to provide for a system of free common schools wherein all children of the State may be educated.
The Legislature of the State has implemented this constitutional mandate through the creation of school districts of various types. The Holley Central School District is governed by the laws set forth for Central School Districts in Article 37 of the Education Law, and by-laws relating to, or affecting, Union Free School Districts as set forth in Article 35 of the Education Law and Common School Districts as set forth in Article 33 of the Education Law.
The District constitutes a corporate entity that possesses all the usual powers of a corporation for public purposes, and in that name may sue and be sued, purchase, hold and sell personal property and real estate, and enter into such obligations as are authorized by law.
The Constitution of the State of New York places the responsibility for public education on the State Legislature, and directs the establishment of a State Department of Education for general supervision over the schools and headed by a Commissioner of Education. The New York State Constitution further provides that local public schools under the general supervision of the State Education Department shall be maintained, developed and operated by locally elected boards. Legally, local boards are instruments of the New York State Constitution, the New York Statutes and the regulations of the State Education Department and its Commissioner.
New York State Constitution
Education Law Articles 33, 35, 37, 51 and 53
SUBJECT: BOARD OF EDUCATION AUTHORITY
As a body created under the Education Law of New York State, the Board of the Holley Central School District has full authority, within the limitations of federal and state laws and the regulations of the Commissioner of Education and interpretations of them, to carry out the will of the people of its District in matters of education.
In all cases where laws or regulations of the State Commissioner of Education do not provide, permit, or prohibit, the Board shall consider itself the agent responsible for establishing and appraising educational matters and activities.
Board members have no authority over school affairs as individuals. They have authority only when acting as a body duly called in session.
Education Law §§ 1604, 1701, 1709, 1804, 1805, 2502 and 2503
SUBJECT: NUMBER OF MEMBERS AND TERMS OF OFFICE
The Board of the Holley Central School District shall consist of seven members elected by the qualified voters of the District at the annual election as prescribed by law.
Members of the Board shall serve for three years beginning July 1 following their election and each term shall expire on the thirtieth day of June of the third year. The terms shall be overlapping, members being elected each year by plurality vote.
Education Law §§ 1602, 1702(1), 1804(1), 2105 and 2502
A Board member of the Holley Central School District must meet the following qualifications:
a) A citizen of the United States;
b) Eighteen years of age or older;
c) Able to read and write;
d) A legal resident of the District for a continuous and uninterrupted period of at least one year prior to the election;
e) Cannot be an employee of the Holley Central School District;
f) The only member of his or her family (that is, cannot be a member of the same household) on the Holley Central School District Board;
g) May not simultaneously hold another incompatible public office, including, but not limited to Superintendent, clerk, tax collector, treasurer or librarian, or an employee of the Board.
In Central School Districts, however, a Board member may be appointed Clerk of the Board and of the District.
h) Must not have been removed from a school district office within one year preceding the date of appointment or election to the Board.
Education Law §§ 1804(1), 1950(9), 2101, 2102, 2103, 2103-a, 2130(1), and 2502(7)
Public Officers Law § 3
Town Law § 23(1)
SUBJECT: BOARD OF EDUCATION MEMBERS: NOMINATION AND ELECTION
a) Candidates for the office of member of the Board shall be nominated by a petition directed to the Clerk of the District which is signed by at least 25 qualified voters of the District, or by two percent of the number of voters who voted in the previous annual election, whichever is greater. Petitions must state the residence of each signer, the name and residence of each candidate.
b) The notice of the Annual District Meeting must state that petitions nominating candidates for the Board must be filed with the Clerk of the District no later than 30 days before the Annual or Special District Meeting at which the Board election will occur, between 9 a.m. and 5 p.m.
c) Voting will be by machine, or if qualified, by absentee ballot (see Policy #1640 -- Absentee Ballots) and provision shall be made for the election by "write-in-vote" of any candidate not previously nominated. The position of candidates on ballots shall be determined by lot at a drawing conducted by the District Clerk on the day after the last filing. Candidates or their proxies may be present for the drawing.
d) The hours of voting shall be as indicated by Board resolution.
e) The candidates receiving the largest number of votes shall be declared elected in accordance with Education Law.
f) At least ten days prior to the election, the Board shall appoint at least two inspectors of election for each voting machine, and set their salary.
g) The District Clerk shall oversee the election. The Clerk shall give notice immediately to each person declared elected to the Board, informing him or her of the election and his or her term of office.
h) Only qualified voters as determined by Education Law (Section 2012) may vote at any District meeting or election.
i) No electioneering will be allowed within 100 feet of the polling place.
j) When a term of office expires at the end of a school year and the office has become vacant at the time of election, the person elected to fill the new full term vacancy also fills the remaining days of the previous term, beginning his or her term of office immediately upon election and the taking and filing of the oath of office.
SUBJECT: REPORTING OF EXPENDITURES AND CONTRIBUTIONS Each candidate for the position of member of the Board whose expenses and/or contributions received exceed $500 must file a statement accounting for his or her campaign expenditures and contributions with the District Clerk and an additional statement with the Commissioner of Education. In the event the expenses do not exceed $500 and the aggregate amount of all contributions made to the candidate do not exceed $500, then a sworn statement to that effect must only be filed with the District Clerk.
Required contribution statements shall include:
a) The dollar amount and/or fair market value of any receipt, contribution or transfer which is other than money;
b) The name and address of the transferor, contributor or person from whom received;
c) If that transferor, contributor or person is a political committee as defined in Section 14-100 of the Election Law;
d) The name and political unit represented by the committee;
e) The date of receipt;
f) The dollar amount of every expenditure;
g) The name and address of the person to whom the expenditure was made, or the name of and political unit represented by the committee to which it was made; and
h) The date of the expenditure.
The times for filing the statements are as follows:
a) The first statement on or before the thirtieth day preceding the election to which it relates;
b) A second statement on or before the fifth day before the election;
c) A third statement within 20 days after the election.
Any contribution or loan in excess of $1000 received after the close of the period covered in the last statement filed before the election (b above) but before the election itself shall be reported within 24 hours after receipt.
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SUBJECT: REPORTING OF EXPENDITURES AND CONTRIBUTIONS (Cont'd.) All statements must be sworn before a notary public, a commissioner of deeds, a lawyer or a public official authorized by New York State law to administer oaths.
A copy of this policy shall be given to anyone requesting a candidate's petition.
Education Law §§ 1528 and 1529
Election Law § 14-100(1)
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SUBJECT: RESIGNATION AND DISMISSAL Board members may resign at a District meeting of residents (i.e., the annual meeting, not a regular Board meeting) or by filing a written resignation with the District Superintendent of the Supervisory District who must endorse his or her approval and file the resignation with the District Clerk.
Alternatively, a Board member may resign under Public Officers Law Section 31 by filing a written resignation with the District Clerk. The Clerk must then notify the Board and the State Board of Elections.
A resignation may be withdrawn only with the consent of the person to whom the resignation was delivered (i.e., the District Clerk or BOCES District Superintendent). The Board has no authority to act upon a request to withdraw a resignation.
The resignation shall take effect upon the date specified in the letter of resignation; however, if no effective date is specified, it shall take effect on the date of delivery to or filing with the District Clerk. If an effective date is specified in the letter of resignation, such date shall not be more than 30 days subsequent to the date of its delivery or filing.
It shall be the duty of each member of the Board to attend all meetings of the Board and, if any member shall refuse to attend three consecutive meetings of the Board after having been regularly notified and a satisfactory cause for each non-attendance is not shown, the Board will proceed to declare that office vacant.
A Board member may be removed from office by the Commissioner of Education for willful violation of any provision of law, neglect of duty, or willfully disobeying any decision, order or regulation of the Commissioner. The Board may also remove a Board member for misconduct relating to the exercise of authority as a Board member. A written copy of all charges made of such misconduct must be served upon the Board member at least ten days before the time designated for a hearing on the charges; and the Board member shall be allowed a full and fair opportunity to refute such charges before removal.
In the event of death, resignation, removal from office or from the District, or refusal to serve of a Board member, the District has the power and duty to fill the vacancy. If the Board chooses to fill the vacancy by appointment, the appointment requires a majority vote of the full Board and shall be only for a term ending with the next annual election of the District at which time such vacancy shall be filled in a regular manner for the balance of the unexpired term.
The Board, at its own option, may instead call a special election within 90 days to fill the unexpired term. If not filled by Board appointment or special election, the District Superintendent of the Supervisory District may appoint a competent person to fill the vacancy until the next annual election. Alternatively, the Commissioner of Education may order a special election for filling a vacancy. When such special election is ordered, the vacancy shall not be otherwise filled.
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SUBJECT: RESIGNATION AND DISMISSAL (Cont'd.) A person elected or appointed to fill a vacancy shall take office immediately upon filing the oath of office.
A Board member who has been removed from office shall be ineligible to appointment or election to any office in the District for a period of one year from the date of such removal.
As a Central School District, the Board shall have powers and duties as set forth in New York State Education Law, principally Articles 33, 35 and 37, and other applicable Federal and State laws and regulations. In general, the Board shall have in all respects the superintendence, management and control of the educational affairs of the District and shall have all the powers necessary to exercise these powers expressly granted to it by the laws of New York State and the Commissioner of Education.
Education Law §§ 1604, 1709, 1804 and 2503
NOTE: Refer also to Policy #6540 -- Defense and Indemnification of Board Members and
SUBJECT: NOMINATION AND ELECTION OF BOARD OFFICERS
Officers of the Board shall be nominated and elected by the Board at its Annual Reorganizational Meeting for a term of one year. They will take their oath as officers at this meeting along with newly elected members.
The elected officers of the Board are:
b) Vice President.
Education Law §§ 1701, 2105(6) and 2502
SUBJECT: DUTIES OF THE PRESIDENT OF THE BOARD OF EDUCATION
The President's duties include the following:
a) Presides at all meetings of the Board;
b) Calls special meetings as necessary or on request;
c) Appoints members to all committees of the Board;
d) Serves ex-officio as a member of all committees;
e) Executes documents on behalf of the Board;
f) Decides questions of order, also may offer resolutions or motions;
g) Performs the usual and ordinary duties of the office.
Education Law § 1701
SUBJECT: DUTIES OF THE VICE PRESIDENT OF THE BOARD OF EDUCATION
The Board may, in its discretion, elect one of its members Vice President who shall have the power to exercise the duties of the President in case of the absence or disability of the President. In case of vacancy in the office of the President, the Vice President shall act as President until a President is elected.
Education Law § 1701
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SUBJECT: APPOINTMENTS AND DESIGNATIONS BY THE BOARD OF EDUCATION Appointments The Board is authorized to appoint individuals to positions which will facilitate the meeting of its responsibilities to the State, the School System, and the community. These appointments usually take place at the Annual Reorganizational Meeting.
The following shall be appointed annually:
a) District Clerk;
b) District Treasurer;
c) Deputy Treasurer;
d) Tax Collector;
e) External (Independent) Auditor;
f) Central Treasurer, Extraclassroom Activity Account;
g) Deputy Central Treasurer, Extraclassroom Activity Account;
h) Faculty Auditor, Extraclassroom Activity Account;
i) Audit Committee.
The following must be appointed but need not be reappointed annually:
a) School Physician/Nurse Practitioner;
b) Committee on Special Education and Committee on Preschool Special Education;
c) Records Access Officer;
d) Records Management Officer;
e) Asbestos Hazard Emergency Response Act (AHERA) Local Educational Agency (LEA) designee;
f) School Pesticide Representative;
g) Compliance Officer (Title IX/Section 504/ADA Coordinator) discrimination and harassment;
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SUBJECT: APPOINTMENTS AND DESIGNATIONS BY THE BOARD OF EDUCATION
(Cont'd.) h) Liaison for Homeless Children and Youth;
i) Dignity Act Coordinator [one for each building];
j) Chief Emergency Officer.
The following may also be appointed:
a) School Attorneys;
b) Claims Auditor;/Deputy Claims Auditor;
c) Internal Auditor;
d) Fiscal Consultant;
e) Comptroller, Extraclassroom Activity Account;
f) Emergency Management Coordinator.