Morgan County Schools
Bylaws & Policies
 

0130 - FUNCTIONS

0131

Legislative

 
 

The Board of Education shall make such rules and regulations as are necessary for its governance and the governance of its employees, students and visitors to its schools, as well as the care and control of its grounds and premises, by adopting bylaws and policies for the organization and operation of this Board and this School System.

 
 

A.

Development of Board policies

 
 

1.

Origination of Policy Proposals

 
 

Proposals regarding policies may originate with:

 
 

a.

any Board member;

 
 

b.

the Board Superintendent;

 
 

c.

any Board employee;

 
 

d.

any student of the county's public schools, or any such student's parent, guardian, or custodian;

 
 

e.

any resident of the county;

 
 

f.

any organization to which the Board or any such member, Superintendent, employee, student, parent, guardian, custodian, or resident belongs;

 
 

g.

any of the county's faculty senates;

 
 

h.

any of the county's local school improvement councils;

 
 

i.

a consultant hired by the Board;

 
 

j.

a committee appointed by the Board;

 

k.

the West Virginia Department of Education;

 
 

l.

the West Virginia Board of Education;

 
 

m.

the State Superintendent of Schools; or

 
 

n.

any government official or agency which monitors the county's public schools.

 
 

2.

Form and Submission of Policy Proposals

 
 

All initial proposals regarding new or revised policy shall be made, in writing, to the Superintendent as Secretary of the Board. Within forty-five (45) days, the Superintendent shall forward each proposal to the Board's members along with the agenda for an upcoming Board meeting. The agenda shall list the proposals so forwarded. The Superintendent may require the party making a proposal to supply enough copies to serve the purposes of this paragraph.

 
 

3.

Initial Motions Regarding Proposals

 
 

Once a proposal regarding new or revised policy has been forwarded to the Board's members and listed on a meeting agenda, any Board member may make a motion in open session at a subsequent Board meeting to:

 
 

a.

gather information about the proposal; and/or

 
 

b.

invite comments about the proposal; and/or

 
 

c.

seek advice about the proposal; and/or

 
 

d.

draft or redraft a policy reflecting the proposal; and/or

 
 

e.

draft or redraft a policy inspired by, but different from, the proposal; or

 
 

f.

if the proposal is already in a form suitable for enactment, consider the policy on first reading at an upcoming Board meeting.

 

4.

Permitted Contents of Motion

 
 

Any such motion shall contain a time frame for the proposed course of action and may include other details for implementing the motion, such as the delegation of duties to the Superintendent or other Board employees; the kinds of information, comments, or advice to be sought, and how it shall be conveyed; the concept to be addressed in the draft or redraft of a policy; and any items which are to appear on the agenda of a future Board meeting.

 
 

5.

Other Motions and Action

 
 

The fact that an initial motion has been made or approved concerning a proposal shall not preclude subsequent motions or actions concerning the same proposal.

 
 

6.

No Motion or Action Required

 
 

Once a proposal regarding policy has been forwarded to the Board members, there is not requirement that any member make a motion concerning the proposal or that the Board take action on the proposal.

 
 

B.

The Enactment of Board Policies

 
 

1.

First Reading Required

 
 

Before a new or revised policy is enacted, and before an existing policy is repealed, the proposed action shall be given a first reading in open session at a Board meeting. The agenda for the meeting must reflect that the proposed action will be given a first reading, and the agenda, must state where a copy of the proposed action may be reviewed by interested parties.

 
 

2.

Form of Proposal on First Reading

 

Before a new or revised policy will be placed on an agenda for first reading, the Superintendent as Secretary of the Board, must be satisfied that the new or revised policy is written in a language which is grammatical and consistent in style with related policies, and that it is properly titled and coded in accordance with the Board's classification system.

 
 

3.

Board Action Following First Reading

 
 

Following the first reading, the Board, in open session, shall:

 
 

a.

direct that the proposed action, without modification, be returned to the Board for the second reading; or

 
 

b.

direct that the proposed action be modified in specified respects, or modified by the Superintendent or returned to the Board for second reading; or

 
 

c.

direct that any of the actions described in A. 3. a., b., c., and d. above, be taken, in which case the proposed action, with or without modification, may be enacted only following another first reading and after the other requirements of this part 3 are met; or

 
 

d.

fail to advance, or decide not to advance, the proposed action to second reading, in which case the proposal action shall die.

 
 

4.

Second Reading Required

 
 

Following first reading, and before final action is taken to enact a new or revised policy or to repeal an existing policy, the proposed action shall be given a second reading in open session at a Board meeting. The agenda for the meeting must reflect that the proposed action will be given a second reading, and the agenda must state where a copy of the proposed action may be reviewed by interested parties.

 

5.

Timing of Second Reading

 
 

The second reading shall not occur sooner than the first Board meeting following the meeting at which the first reading occurred.

 
 

6.

Board Action Following Second Reading

 
 

Following the second reading, the Board, in open session, shall:

 
 

a.

adopt the proposed action, without modification, in which case no further action shall be required of the Board to enact the proposal; or

 
 

b.

adopt the proposed action, with modification, in which case no further action shall be required of the Board to enact the proposal unless the Board so directs; or

 
 

c.

defeat, or fail to adopt, the proposed action, in which case the proposal shall die.

 
 

C.

The Dissemination and Effect of Board Policies

 
 

1.

Binding Effect. The Board's members, its Superintendent, and its employees are expected to know and observe all of the Board's policies.

 
 

2.

Policy Manual. The Superintendent shall be responsible for maintaining a manual containing all of the Board's written policies. From and after the date of this policy, the manual shall indicate the date of the Board's action approving each policy or modification of policy. If the effective date of a policy or modification was not also the date of its approval, the manual shall so indicate.

 

3.

Dissemination. The Superintendent shall establish and maintain an orderly system for making all of the Board's policies accessible to the Board's members, the Board's employees, students of the county's public schools, the county's faculty senates, and the county's local school improvement councils. The Superintendent shall also maintain a system for making the Board's policies available to the parents, guardians, and custodians of the Board's students, and to residents of the county. The Board's policies are public records, open for inspection at the Board's office.

 
 

D.

Miscellaneous

 
 

1.

Effective Date of Board Policies. Unless otherwise clearly indicated in a policy or by the Board's action approving, modifying, or repealing a policy, each policy, modification of policy, and repeal shall take effect upon the date of final Board action.

 
 

2.

Duration of Board Policies. Unless otherwise clearly indicated in the policy, each policy and modification of policy shall continue from year to year until and unless changed or repealed by the Board.

 
 

3.

Conflicts with State or Federal Law. In the event of a conflict between a policy of the Board, on the one hand, and the requirements of State or Federal law, on the other, the requirements of State or Federal law shall prevail, and the conflicting provision of the policy shall be considered null and void without further action by the Board.

 
 

Those bylaws and policies which are not dictated by the statues or rules of the State Board of Education or ordered by the State Superintendent, 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.

 

These bylaws and policies may be adopted or amended at a single meeting of the Board in an emergency. An emergency shall be defined for purposes of this rule as any situation or set of circumstances which the Board has reason to believe will close the schools or jeopardize the safety or welfare of the students or employees of the County.

 
 

Bylaws and policies shall be adopted, amended, repealed, or suspended by a majority of those present and voting.

 
 

The adoption, 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.

 

0132

Executive

 
 

The Board shall exercise its executive power by the appointment of a Superintendent of Schools, hereinafter referred to as "Superintendent", for a term of not less than one (1) nor more than four (4) years. (WV Code 18-4-1) Unless filing a vacancy caused by an incomplete term, the appointment of the County Superintendent shall be made after January 1st, and on or before June 1st for a term beginning on July 1st following the appointment.

 
 

The Superintendent shall enforce the elementary and secondary education statutes of West Virginia, rules of the State Board of Education, and the policies of this Board. (WV Code 18-4-10)

 
 

The Superintendent shall prepare guidelines for the administration of the County School System which are not inconsistent with statues, regulations of the State Board of Education, or the policies of this Board.

 
 

Such administrative guidelines shall be binding on the employees and the students of this School System when issued.

 
 

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 at the next meeting following such action.

 
 

Revised 6/1/10

0133

Judicial

 
 

The Board of Education may assume jurisdiction over any dispute or controversy arising within the School System and concerning any matter in which authority has been vested in the Board by statue, rule, a contract, or policy of this Board. Provided, that such assumption of jurisdiction shall not obtain where a clear method of dispute resolution is provided by statute and/or regulation and until such assumption is triggered by actions set by statute and/or regulation. Likewise, no such assumption shall obtain where the exercise of such jurisdiction usurps authority reserved to the Superintendent, administration or other entity.

 

0134

Promotion of School Board Effectiveness

 
 

West Virginia Code 18-5-14 places school boards in the forefront of citizen-inspired public education leadership, policy and decision-making. In order to fulfill the requirements of the statute, the Board adopts this policy.

 
 

Direct Links Between the Board and Local School Improvement Councils

 
 

To enable the Board to receive information, comments, and suggestions directly from local school improvement councils regarding broad guidelines for oversight procedures, standards of accountability, and planning for future needs, the following direct links are established between the Board and it local school improvement councils:

 
 

A.

Scheduled Annual Meetings:

 
 

The Board shall meet at least annually with a quorum of members from each local school improvement council. The meetings shall be scheduled by the Superintendent by November 1st. The meeting may include joint meetings of LSIC's and, when appropriate, may be held in conjunction with a regular meeting of the Morgan County Board of Education.

 

B.

Annual Meeting Agenda:

 
 

At least thirty (30) days before a local school improvement council's annual meeting with the Board, the Board shall develop and submit to the local school improvement council an agenda for the meeting. The agenda shall identify the items which the council chair or the chair's designee is to address at the meeting. The items shall include, but need not be limited to, items designated by the Board from the Annual Report created for the State Board, as well as one or more of the following issues: school performance, curriculum, status of the school in meeting the unified school improvement plan, and status of the school in meeting the county strategic plan.

 
 

C.

Requests for Information:

 
 

Throughout the year, the Board may make written requests for information from local school improvement councils or hold community forums to receive input from the affected community as the Board considers necessary.

 
 

The Board shall share the minutes of all regular and special Board meetings with the LSIC and requests that the individual LSIC share its meeting minutes with the Board. The LSIC will include with the minutes a list of officers and members annually at the time of the LSIC elections.

 
 

D.

Additional Meetings:

 
 

In its discretion, the Board may hold additional meetings with any local school improvement council. In particular, the Board may schedule additional meetings with the local school improvement council for any low performing school.

 

E.

Annual Report:

 
 

At the conclusion of each school year, the Superintendent shall prepare, for adoption by the Board, a report concerning the meeting or meetings held with the local school improvement councils during the school year. In drafting the report, the Superintendent shall consult with the councils and may request their assistance. Upon approval by the Board, and no later than September 1st of each year, the report, including any amendments made by the board, shall be delivered by the Superintendent to the State Board of Education.

 
 

Direct Links Between the Board and Faculty Senates

 
 

To enable the Board to receive information, comments, and suggestions directly from faculty senates regarding broad guidelines for oversight procedures, standards of accountability, and planning for future needs, the following direct links are established between the Board and its faculty senates:

 
 

A.

The Board will receive suggestions and input from individual school Faculty Senates throughout the school year.

 
 

B.

Individual Faculty Senates will have direct contact with the Board through representations on the LSIC's and their meetings with the Board.

 
 

C.

The Board shall share the minutes of all regular and special Board meetings with the Faculty Senates and request that the individual Faculty Senates share its meeting minutes with the Board.

 
 

Direct Links Between the Board and the Community at Large

 
 

The following steps shall be taken to develop direct links between the Board and the community at large, allow for community involvement at regular board meetings, and regularly communicate with the public regarding important issues:

 
 

A.

Board meetings - open to public

 
 

B.

Surveys as needed

 

C.

Special Topic Community Meetings - i.e. Bond Issue Proposal, etc.

 
 

D.

Newspaper

 
 

E.

Radio

 
 

F.

Morgan County Schools Update

 
 

G.

Web-based information

 
 

Periodic Review of Personnel Policies

 
 

A review of the Board Policy Manual and Job Description Handbook shall be conducted on an as-needed basis after the legislature has adjourned to ensure that the Board's personnel policies are periodically reviewed and to determine their effectiveness.

 
 

Broad Guidelines for the School District

 
 

The Board recognizes its responsibility to provide broad guidelines for the school district, including the establishment of specific oversight procedures, development and implementation of standards of accountability, and development of long-range plans to meet future needs.

 
 

A.

Record: Annual Review

 
 

The procedures required by the previous sections of this policy are all intended to meet these ends. A record shall be kept of all suggestions made under the previous sections by local school improvement councils, faculty senates, and the community at large regarding broad guidelines for oversight procedures, standards of accountability, and planning for future needs. At least annually, the record shall be considered by the Board to identify suggestions worthy of further consideration.

 

B.

Existing Policies

 
 

Additionally, the Board confirms that any of its existing policies and resolutions regarding the school district's vision, mission, planning procedures, and goals shall, until withdrawn or amended, be interpreted and applied as specific oversight procedures, standards of accountability, and long-range plans to meet future needs.

 
 

Use of School-Based Accreditation and Performance Data

 
 

To meet the education goals of the State of West Virginia and such other goals as the Board may establish, the Board shall use school-based accreditation and performance data provided by the State Board of Education, as well as other available data, in Board decision making. To that end the Superintendent shall compile and share with the Board, at least annually, the:

 
 

A.

Education Goals of the State of West Virginia;

 
 

B.

Individual school report cards;

 
 

C.

No Child Left Behind and state performance results;

 
 

D.

School District Accreditation Status.

 
 

Policy Review

 
 

The Board shall at least annually, before August 1st, review the provisions of this policy and make such amendments as the Board finds necessary to effectuate the requirements of West Virginia Code 18-5-14.

 
 

Filing with the State Board of Education

 
 

A.

Policy

 
 

The Superintendent shall file with the State Board of Education a copy of this policy.

 
 

B.

Modifications

 
 

If this policy is modified, the Superintendent shall promptly file with the State Board a copy of the policy, as modified.