Elk Rapids Schools
Bylaws & Policies
 

0130 - BOARD FUNCTIONS

0130.1

Legislative - Bylaws and Policies
   
 

The Board of Education shall adopt bylaws and policies for the organization and operation of this Board and the District.
   
 

Those bylaws and policies which are not dictated by the statutes or rules of the State Board of Education or ordered by the Superintendent of Public Instruction or a court of competent authority may be adopted, amended, and repealed at any meeting of the Board, provided the proposed adoption, amendment, or repeal shall have been proposed at a previous Board meeting and once proposed, shall have remained on the agenda of each succeeding Board meeting until approved or rejected. Where urgent and compelling reason exists, the Board may, by majority vote, override the requirement that the matter shall have been proposed at a previous meeting, and thereafter may act upon the matter as if it had in fact been proposed at a previous meeting of the Board and had remained on the agenda of all subsequent Board meetings.
   
 

Bylaws shall be adopted, amended, repealed, or suspended by a majority vote.
   
 

Policies shall be adopted, amended, or repealed by a majority vote.
   
 

The adoption, amendment, modification, repeal, or suspension of a Board bylaw or policy shall be recorded in the minutes of the Board. All bylaws and policies shall be printed in the Board policy manual. Any policy or part of a policy that is superseded by a term in a negotiated agreement shall no longer be in force and effect as a policy for members of the specific bargaining unit involved.
   
 

The Board may adopt, amend, repeal, or suspend rules of order for its own operation by a majority vote.
   
 

M.C.L.A. 380.1201 et seq., 380.1261, 380.1300
   
 

Revised 6/14/93

0130.2

Executive
   
 

The Board has the following two (2) executive functions:
   
 

A.

Selection of a Superintendent
     
   

The Board of Education shall exercise its executive power in part by the appointment of a Superintendent who shall enforce the statutes of the State of Michigan, rules of the State Board of Education, and the policies of this Board. (M.C.L.A. 380.132)
     
 

B.

Preparation of Administrative Guidelines
     
   

The Board shall delegate to the Superintendent the function of specifying required actions and designing the detailed arrangements under which the School will be operated. These detailed arrangements shall constitute the administrative guidelines governing the schools which are not inconsistent with statutes or regulations of the State Board or the policies of this Board.
     
   

The Superintendent shall advise the Board within forty-five (45) days of administrative guidelines, he/she has put into effect.
     
   

Such administrative guidelines shall be binding on the employees and the students of this District.
     
   

The Superintendent shall be delegated the authority to take necessary action in circumstances not provided for in Board policy, provided that such action shall be reported to the Board not later than at the next meeting following such action.
   
 

M.C.L.A. 380.132, 380.238, 380.1300
   
 

Revised 6/14/93
   

0130.3

Judicial
   
 

The Board of Education assumes jurisdiction over any dispute or controversy arising within its District and concerning any matter in which authority has been vested in the Board by statute, rule, a contract, or policy of this Board.
 

In furtherance of its adjudicatory function, the Board may hold hearings or authorize hearings to be held by a committee of the Board composed of either one (1) or three (3) Board members which shall offer the parties to a dispute, upon notice duly given, a fair and impartial forum for the determination of facts. Such determination shall be taken into consideration by the Board in any action it subsequently takes toward resolution of the dispute.
   
 

Subject to Board approval, the Superintendent shall establish procedures in writing for the conduct of all such hearings, which he/she may alter from time to time, and all hearings shall be conducted in conformance with the procedures in effect at the time of any hearing.
   
 

M.C.L.A. 380.1201
   
 

Revised 6/14/93