Updated July 2011 SBDM BYLAWS I. Operational Procedure Section A (1): Authority of the Principal and the Council (a) Authority of the Principal The principal shall serve as the school s primary administrator and instructional leader and shall have authority over management functions not chosen by the Council. The principal shall be responsible for implementing policies set by the Council and shall be responsible to the superintendent or his/her designee. The principal shall be responsible for supervising the work of committees appointed by the Council. The principal has the authority to form committees in areas of management functions not chosen by the Council. (b) Authority of the Council The Council, pursuant to state law, is a policy-making body. The Council shall have the authority to set and monitor school policies, which shall provide an environment to enhance the student s achievement, the achievement goals of Westridge s mission statement, and the goals established by the Kentucky Education Reform Act. No council member other than the principal has decision-making or administrative authority outside a legally called council meeting. The Council shall have the authority to form the number and types of committees needed to carry out the policies set by the Council. #MakeNoLittlePlans Page 1
Section A(2): Election of School Council Members (a) Composition of Council The school council at Westridge Elementary shall consist of three (3) teachers, two (2) parents, and the principal, provided state requirements for minority representation are met. (b) Eligibility All certified full or part time employees who are assigned to the school are eligible to serve on the Council. Parents, step-parents, or legal guardians who have a child enrolled in the school during the year may serve on the council. Those who are not employees of the district and who do not have a relative working in the school district are eligible to serve on the Council. (c) Teacher Selection Process All teachers assigned to the school have an opportunity to participate in the annual selection of teacher representatives. A nomination form will be disseminated to all teachers by April 15. Teachers may nominate up to three teachers (with teacher s written approval) and may nominate themselves. Nominations shall be made on official forms provided by the principal. An election committee shall tabulate the nominations and identify up to five (5) teachers who received the most nominations. Members of the election committee shall check with each nominee to get approval for placing his/her name on the election ballot. The principal shall call a faculty meeting for the purpose of selecting council members for the following school year. The election shall be completed by May 15. All voting will be by secret ballot. Each teacher shall vote for three of the nominees. The three that receive the majority of the votes shall be elected. In the event of a tie, a run-off election shall be held. (d) Election Committee An election committee comprised of two (2) teachers, selected by the faculty, shall be formed annually. The committee shall be responsible for: #MakeNoLittlePlans Page 2
(1) Disseminating nomination forms; (2) Processing and reporting the results of nominations for election to council; (3) Disseminating election ballots; and (4) Counting votes and reporting the results to the faculty and principal. (e) Parent Selection Process The president of the Westridge Elementary Parent Teacher Organization (PTO) shall call a meeting of the organization by the scheduled April meeting for the purpose of informing parents of the role of parent representation on the Council. The meeting shall be facilitated by the officers of the PTO. The president of the Westridge Elementary PTO shall call a meeting of the organization by May for the purpose of electing parent council representatives. Parent representatives to the Council shall be elected by secret ballot. The PTO officers shall decide the specific procedures for nominating candidates and counting votes beyond this policy. (f) Minority Representation For the purpose of school-based decision making, minority shall mean American Indian; Alaskan native; African-American; Hispanic, including persons of Mexican, Puerto Rican, Cuban and Central or South American origin; Pacific Islander; or other ethnic group underrepresented in the school. When the minority student enrollment at Westridge Elementary reaches or exceeds eight percent (8%) of the total student population, at least one (1) of the school council members shall be a minority parent, teacher, or principal. Enrollment in the school on the preceding October 1 shall be used to determine the percentage of minority students. Under these circumstances, if a council is formed without a minority representative, then one or two shall be elected by the following method: (1) The principal shall within five (5) working days from the election organize the process to elect a minority parent and a minority teacher to the council. (2) Hold the election for minority representatives within ten (10) working days from the date of the election of the other council members. #MakeNoLittlePlans Page 3
(3) The principal shall inform all parents of minority students enrolled at Westridge Elementary of the election purpose, time, date, and location. (4) The principal shall inform minority teachers of the election process, time, date, and location. (5) The principal shall call for nominations and prepare a ballot for both minority parents and teachers. (6) The principal shall facilitate the meetings held for the purpose of electing minority representatives to the school council. (7) The principal shall report the results of the election to parents, faculty, and community. If there are no minority teachers who are members of the faculty, an additional teacher member shall be elected by a majority of all teachers. Term limitations shall not apply for a minority teacher member who is the only minority on faculty. If Westridge Elementary has a minority staff and employee decide not to run, the position remains vacant until they decide to do so. (g) Mandated Training New members elected for the first time shall complete at least six hours of training in the process of school-based decision making no later than 30 days after the start of their terms. They can get that training anytime between the date they are elected and the 30 day deadline. This training must be provided by a person endorsed by the Kentucky Department of Education for new member training. Veteran members (those with more than one year of service) who have served on a council before shall complete at least three hours of training in the process of school-based decision making no later than 120 days after the start of their terms. They can get that training up to one year before the 120 day deadline. This training must be provided by a person endorsed by the Kentucky Department of Education for experienced member training. Veteran members can meet their training requirements by participating in the new council member training for three hours. (h) Terms #MakeNoLittlePlans Page 4
Each council member shall be elected for a one (1) year term that begins July 1 and ends June 30. Members may be elected for an unlimited number of consecutive years. New council members shall meet with council from the time of their election as the council members elect. During this time they can help the council plan for the next year and can participate in training sessions. They are not eligible to participate in the decision-making process. (h) Report Election Results The principal shall report the new council members to the public through the local newspaper, school newsletter and by any other means of communications. (i) Filling Vacancies If a vacancy on the council occurs, it shall be filled in the same way as the original election. #MakeNoLittlePlans Page 5
OPERATING COUNCIL MEETINGS (a) Types Council members shall attend three (3) types of meetings: (1) Regular meetings held on a set day of the month at a set time of day; (2) Special meetings scheduled as they are needed between regular meetings; and (3) Training/Planning meetings designed for council members to acq2uire knowledge and/or develop skills and develop plans for improving the school not completed within the committee system (b) Schedule of Regular Meetings The Westridge Elementary School Council shall meet each month at a regular time to be established by the current representatives. The regular meeting time will be advertised in the school newsletters and in the Frankfort State Journal. The chairperson may cancel regular meetings with approval from a majority of the Council. Meetings may run to 90 minutes and may be extended by thirty minutes (30) upon consensus of the Council. (c) Special Meetings The chairperson or a majority of the Council may call special meetings. Time, place and purpose shall be announced at the time the meeting is called. Teachers and officers of the PTO shall be informed of special meetings by the most convenient method. (d) Agenda Each regular and special council meeting shall operate by an agenda. The chairperson shall form the agenda with items provided by council members at the end of the previous meeting. All business transacted by the Council shall be by an agenda only. The Council at the beginning of the meeting shall approve the agenda. Other items may be added to the agenda at the meeting with approval of Council. These shall be added to the end of the agenda and limited to a fifteen (15) minute presentation. #MakeNoLittlePlans Page 6
The agenda for regular meetings shall be written and disseminated on the Friday preceding the meeting. The agenda for a regular meeting will be shared with all teachers and officers of the PTO. Teachers and parents who are not on the council may recommend items for the agenda by contacting a council member. A person recommending an item must be present at the meeting for it to be discussed. (f) Chairperson The principal shall serve as a chairperson at all meetings. In the absence of the chairperson the vice-chair may serve as chairperson so that the council may meet to discuss and take action on urgent business. The duties of the chairperson shall be: (1) Conducting school council meetings; (2) Compiling and distributing the agenda for council meetings; (3) Serving as official custodian of council records; (4) Stating when consensus is present for the record; (5) Coordinating standing and ad hoc committees; (6) Maintaining a file of all correspondence addressed to the school council; (7) Carrying out any additional responsibilities as stated in these policies and procedures. (f) Vice-Chairperson The Vice-Chairperson s duties shall include: (1) Presiding over school council meetings in the absence of the chair; (2) Calling a special meeting of the council in the event a principal vacancy occurs; (3) Conducting meetings necessary for the principal hiring process to occur. (g) Recording Secretary The Council shall provide a qualified person to serve as recording secretary. This person shall be responsible for: (1) Notifying the media of upcoming meetings (date, place, time, and agenda); (2) Attending all meetings; (3) Taking accurate minutes at each meeting; (4) Typing minutes, summary report, etc., and delivering them to the principal within three (3) working days of the meeting. A copy shall also be sent to the SBDM District Coordinator, PTO leaders, and certified faculty and staff; #MakeNoLittlePlans Page 7
(5) Copying the final draft of the minutes and sending them to the superintendent s office; (6) Helping the principal prepare for meetings by copying information needed to conduct a meeting and by helping to prepare the physical space. (h) Council Members Duties of council members shall include: (1) Knowing and adhering to the mission, philosophy, and goals of Westridge Elementary School; (2) Attending council meetings regular, special and training; (3) Encouraging and requesting opinions from their constituencies; (4) Supporting, promoting, and communicating council decisions; (5) Seeking information independently and as needed about issues brought before the school council and bringing that information to the council. (i) Filling Vacancies In the event a vacancy on the Council occurs, the representative group shall fill the vacancy in the same manner as in the original election. The principal shall inform the respective group of the vacancy and help set a timeline for completion of the election. (j) Removal of Members Per KRS 156.132, the chief state school official may recommend removal of a school council member whom he/she has reason to believe is guilty of immorality, misconduct in office, incompetence, willful neglect of duty, or nonfeasance. A member of a school council may be removed from the council for cause, after an opportunity for hearing before the local board, by a vote of 4/5 of the membership of the board of education after the recommendation of the chief state school officer pursuant to KRS 156.132. Written notices setting out the charges for removal shall be spread on the minutes of the board and given to the member of the school council. KRS 160.347 (k) Decision (August 1, 2013) The school council will make decisions by consensus except as otherwise designated in the by-.laws using the following guidelines; A motion and a second are made #MakeNoLittlePlans Page 8
After discussing the item, the chair or any member may state the consensus of the group in one or two sentences. The chair will ask whether any member disagrees with that statement. If all members agree, the decision will be recorded as a unanimous decision in the council minutes. If a member disagrees, the discussion will continue until a suggestion for consensus is made that draws no disagreement, or until the third suggestion of consensus fails. When the third suggestion of consensus fails, the council may by majority vote determine to: 1. Vote to send the issue back to committee. 2. Form an ad hoc committee to study the issue further ( the motion on this vote shall include a regular meeting date when the council will hear from the committee), or 3. Decide the issue by majority vote of the council. A majority vote of the council shall be taken after consensus fails three times if the issue meetings the following criteria: 1. The issue involves the selection of a new principal: the council shall vote and the candidate receiving the majority shall be selected. 2. The issue involves the number of persons to be employed in each job classification, the textbooks to be purchased, or the budget for or purchase of student support services. 3. The issue is whether to continue to meet for longer than 90 min. 4. The federal or state government or district board of education has set a deadline that will occur before the next regular council meeting; and 5. The members of the council cannot agree by consensus to decide the issue at a special meeting and majority of the council members wish to decide the issue by majority vote. When the above exceptions do not apply and a consensus cannot be reached, the issue may be placed on the agenda for the next regular meeting or special meeting and the decision may be made at that meeting by majority vote of the council. When voting, any abstention is counted with the majority vote. (l) Quorum #MakeNoLittlePlans Page 9
Two-thirds (2/3) of the members of the council must be present for the council to take action on an item. At least two teachers and one parent must be present for an action to be taken. (m)minutes Council minutes shall be kept by a designee at each council meeting. These minutes shall reflect an accurate record of actions and discussions made by the council. If the action taken is the adoption of a new policy, the policy will be available for review in the council s records and will be added to the schools policy manual upon adoption of said policy by the SBDM. The minutes of the school council shall not be official until reviewed and approved by the council. Upon approval, the minutes will be open and posted in the school s foyer for public inspection. The principal will forward an official copy of the minutes to the superintendent and will keep an official copy on file in the school. (n) Council Records Available for Public Inspection The following are official documents that must be kept on file for public inspection: School Council Minutes and Agendas Committee Minutes and Agendas Improvement Plan (including Targets for Gap Reduction) School Council Policies and By-Laws School Council Budget Documents not in the School Plan School Council and Committee Membership Lists Official Correspondence (o) Requests for Council Records Requests for council records must be made in writing to the principal and must include specific documents and dates. The fee for copying of council records shall be 10 cents per copy unless the request is for one copy of the School Improvement Plan document. The requested records must be provided to the person making the request within 3 business days [The attorney general ruled in 01-ORD-94 (May 2001) that the only days that are excluded are legal holidays and weekends. As a result, the fact that a school may be closed over the fall, winter, spring, or summer break does not prevent the clock from running on the three-day response requirement]. The school council secretary shall make or provide copies of the requested documents at the principal s or chairperson s request. School council records shall be available for inspection #MakeNoLittlePlans Page 10
during the school s hours of operation (est. 8:00am 3:00pm). The principal shall make the final determination regarding which records not listed above are available for inspection and all matters in regards to open records request not covered in this policy, in compliance with local board policy and state guidelines and requirements. (p) Open Meetings All Council meetings shall be open to the public except when personnel, legal issues affecting the Council or rights to privacy issues are under consideration. Under one or more of these conditions the Council may go into closed session. All actions taken by the Council shall be in an open public meeting. The Council shall abide by the state s open meetings law. #MakeNoLittlePlans Page 11
POLICY DEVELOPMENT AND REVIEW (a) Council Governance All activities and decisions of the Council shall be governed by policies set by the Council. Policies shall include both operational procedures and management functions chosen by the Council. New policy shall be developed only when it is necessary to directly address a need linked to the school s mission and vision. All policies set by the Council shall be consistent with district, state and federal policies. (b) Adoption All policies shall require two readings before they are adopted. The Council at the meeting in which the policy is introduced shall adopt no policy. The superintendent or his designee shall provide all operational procedures and management function policies listed in the handbook for review before the Council adopts them. (c) Policy Review The Council shall annually review all policies and make any changes that will improve the operations and productivity of the council. Revisions shall be made as needed in order to more effectively serve the school. #MakeNoLittlePlans Page 12
COMMITTEE SYSTEM (a) Standing Committees (September 5, 2013) Standing committees shall be formed to aid the Council. Each standing committee shall consist of at least three members. Parents, teachers, and classified employees shall have the opportunity to serve on each standing committee. Standing committees shall make recommendations to the council and the council shall have final authority on any school decisions that need to be addressed. All standing committees shall develop a charter and time line. Titles and responsibilities of all standing committees shall be disseminated to the parents, faculty and staff members with a form for them to record their interest in committee assignments. Parents, classified employees, and community representatives shall be selected and approved by the council. Standing committees shall consist of the following by title: 1. Curriculum and Instruction 2. Health and Wellness 3. Leadership Committee (a) Ad Hoc Committees Ad hoc committees shall be formed to complete specific tasks not completed by standing committees. Once the task is finished the committee shall be abolished. The chairperson of the Council shall form ad hoc committees with approval from the Council. The council shall determine the size of the committees and representation. (c) Agenda All committees shall operate by an agenda. The chairperson of that committee shall form the agenda with input from committee members. The agenda shall be disseminated to committee members and the principal at least 24 hours prior to the meeting. (d) Committee Officers #MakeNoLittlePlans Page 13
Standing and ad hoc committees shall select from their membership a chairperson and recording secretary. (b) Resources Council must approve professional, technical, and financial resources needed by committees to perform their charges within the means available to the Council. Requests for resources shall be made in writing to the Council. #MakeNoLittlePlans Page 14
Section A(6): Council Code of Ethics (a) Code of Ethics (defined) Code of ethics for SBDM council is a set of professional standards for council members to follow to work as a team, as they make decisions affecting the school, and more specifically, the children served by the school. (b) Development A code of ethics shall be adopted by the first school council at Westridge and shall be reviewed annually by each council thereafter and amended as needed. A written code of ethics shall be included in the school policy handbook. #MakeNoLittlePlans Page 15
Section A(7): Appeals Process (a) Request For a person or persons to appeal a decision of the council or to file a grievance, they must first request, in writing, an opportunity to be heard, and shall include information about the grievance issue. (b) Schedule A council shall schedule a hearing within (30) working days from the date the request is received. The person appealing shall be informed of the hearing by registered mail. (c) Hearing The person appealing may be represented by legal counsel and may call witnesses as long as the testimony is germane to the issue. The council may also be represented by legal counsel and may also call witnesses. The complainant shall be provided the option of a closed or open hearing. (d) Decision The council shall consider the merits of the complaint, make a decision, and respond in writing to the complaint within (5) working days of the hearing. If further appeal is needed, Westridge Elementary School will abide by board policy 022.4211 (Attachment B). (e) Report The superintendent shall receive a copy of the written grievance or appeal and the decision of the council. #MakeNoLittlePlans Page 16
Section A(8): Fiscal Management (a) Budgeting Process All funds expended by the school shall be included in an annual budget. This applies to funds from all sources. School activity funds, receipts, and expenditures may be managed and accounted for in a budget separate from funds appropriated to the school from the Board of Education or from federal sources. (All funds may be included in one budget.) The school shall use the budget format provided by the superintendent. (b) School Activity Fund School activity fund budget is a budget for all funds generated by school-sponsored activities and services. (i.e. drink machines, school fees, school fund raisers, appropriations from PTO, community agencies, and business partners) (c) General Fund General fund budget consists of all funds not included in the school activities fund budget. (i.e. instructional materials, professional development, staffing, operation and maintenance, and technology.) (d) Monitoring Beginning September 1, a monthly report on all budgets shall be provided to the council by the principal showing as a minimum, the amount budgeted, amount spent and the balance by line item. The report(s) shall be approved by council. (e) Budget Changes Funds may be moved from one line item to another within budgets with approval from the council. Expenditures shall not exceed appropriations. (f) Audit After an audit performed through the district office is completed, a full report shall be given to the council when it is available. #MakeNoLittlePlans Page 17
(g) Annual Report The principal shall make an annual financial report to the council and to the superintendent. The council shall approve this report before it is submitted to the superintendent. #MakeNoLittlePlans Page 18