Van Buren Intermediate School District
Bylaws & Policies
 

0130 - FUNCTIONS

0131

Legislative
   

0131.1

Bylaws and Policies
   
 

The Board of Education shall adopt bylaws and policies for the organization and operation of this Board and the Intermediate School 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or ordered by the Superintendent of Public Instruction or a court of competent authority may be adopted, amended, and repealed at any meeting of the Board, provided the proposed adoption, amendment, or repeal shall have been proposed at a previous Board meeting and, once proposed,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 except that the Board may upon a vote and where compelling reasons exist, cause to adopt, amend, or suspend bylaw or policy contained herein, provided the amendment, adoption, or suspension does not conflict with law. Any resolution adopting, amending, or suspending a bylaw or policy under this provision shall expire automatically at the next public meeting of the Board unless the Board moves to adopt the resolution in final form.
   
 

Bylaws and policies shall be adopted, amended, repealed, or suspended by a majority vote of the Board.
   
 

The Board may adopt, amend, or repeal rules of order for its own operation by simple resolution of the Board passed 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. Any policy or part of a policy that is superseded by a term in a negotiated agreement shall no longer be in force and effect as a policy.
   
 

M.C.L.A. 380.623, 380.1300

0131.2

Transfers
   

0131.2 (a)

A constituent school district desiring to transfer to another intermediate school district may do so by submitting a resolution to the Board of this district and the Board of the other intermediate school district. This Board will act upon such a resolution within sixty (60) days after receipt in accordance with M.C.L.A. 380.605 or may refer petition directly to the Superintendent of Public Instruction.
   
 

Revised 1/03
   

0131.2 (b)

The Board may transfer territory from one constituent district to another either by resolution of a local Board of Education whose territory is affected by the transfer or by petition of an owner who resides on the property to be transferred. Such property must be contiguous to the School District to which it would be transferred. The Board shall act within sixty (60) days after receipt of the resolution or petition. (M.C.L.A. 380.951 et seq., 380.612(2))
   
 

Transfer of Territory Procedures
   
 

It shall then become the responsibility of the administrative staff of the District to complete all legal requirements.
 
 

A.

Authority
     
   

State law provides that the Intermediate School Board of Education may, in its discretion, detach territory from one district and attach it to another when requested to do so by:
 
 

1.

resolution of the board of any district whose boundaries would be changed by such action; (resolution must be taken at a regular or special Board meeting);
     
 

2.

when petitioned by not less than two-thirds (2/3's) of the resident owners of the land to be transferred;
     
 

3.

resolution of the Board of a condominium association pursuant to a petition signed by not less than two-thirds (2/3's) of the co-owners of the condominium association who reside on the land to be transferred.
 

Board action must be taken within sixty (60) days of the receipt of such resolution petition.
 
 

B.

Eligible Property
     
   

Only property contiguous to the district to which is requested may be detached or set over.
     
 

C.

Transfer of Territory Between Districts—Guidelines
     
   

In considering any request for the transfer of property, the Board shall consider the following factors:
 
 

1.

extent to which requested transfer straightens constituent school district boundary lines
     
 

2.

approval of the constituent school district boards
     
 

3.

elimination of geographical barriers to constituent school district operations
     
 

4.

influence on transportation system
     
 

5.

distance from home to schools and safety factors for students walking to school or a bus stop
     
 

6.

consideration of natural barriers (swamps, rivers, lakes, etc.)
     
 

7.

legal opinions of the Attorney General
     
 

8.

the welfare of the student, including, but not limited to, the length of the student's commute to and from school, whether or not s/he rides a school bus
 

9.

the accreditation status of each district
     
 

10.

availability of transportation
     
 

11.

development of area for housing or commercial purposes
     
 

12.

racial balance
 

13.

SEV of district losing property (subject to limitation of the law)
     
 

14.

transfers from secondary districts to primary district
     
 

In consideration of any request for a property transfer, the Board shall not consider:
 
 

1.

any attempt to evaluate the educational program of a constituent school district;
     
 

2.

any statement made to a prospective property buyer with regard to the constituent school district in which the property was located;
     
 

3.

the relative tax rates of the constituent districts involved.
 
 

D.

Extent of Transfer
 
   

The Board may transfer property whose total taxable value does not exceed ten (10) percent of the district from which detached. If the taxable value of the detached property is in excess of ten (10) percent of the taxable value, such transfer must be approved by an affirmative vote of the majority of the school-tax electors of the district from which property is being detached.
     
 

E.

Notice of Transfer
 
   

Upon receipt of requests for property transfer, the Superintendent shall call a meeting of the Board to act on the proposed transfer. Notice of such meeting shall:
 
 

1.

be given at least ten (10) days prior to the meeting;
     
 

2.

contain the proposed alterations in school district boundaries;
     
 

3.

be published in a newspaper of general circulation in the territory of the affected districts.
 

F.

Transfer of Property Located in Multiple Intermediate Districts
     
   

When the boundaries of the school districts involved in the transfer extend into two (2) or more intermediate school districts, the petition may be addressed to and filed with the Intermediate School Board of one of the affected intermediate school districts.
 
   

The Superintendent so notified shall call a joint meeting of the affected intermediate boards and provide the proper notices or refer petition directly to the Superintendent of Public Instruction.
     
   

At the joint meeting of the ISD Boards, a Chairman and another Secretary shall be elected.
     
 

G.

Effective Date
     
   

The resolution of the Intermediate Board ordering the transfer of property shall indicate the effective date of such transfer. This date shall not be less than ten (10) days from the date of the determination.
     
 

H.

Bonded Indebtedness
 
   

If the territory is transferred from a district which has bonded indebtedness incurred after December 8, 1932, such territory shall continue to assume its proportionate share of the existing bonded indebtedness of that district and shall not be liable for any bonded indebtedness of the district to which it is attached that exists at the time of transfer until the existing bonded indebtedness of the district from which detached has been retired.
 

I.

Remapping of the Districts
     
   

Upon the alteration of the district boundaries, the Board(s) shall prepare a map showing the boundaries of the district prior to alteration, and another map showing the boundaries following the alteration. Such map must bear the certification of the ISD Superintendent or the Secretary of the joint Boards and be filed with:
 
 

1.

the Secretary of each affected school district;
     
 

2.

the affected township supervisor or other assessing officials;
     
 

3.

the State Department of Education.
 
 

J.

Refusal to Transfer
     
   

The Board will refuse property transfers when requested for such reasons as:
 

1.

dislike of a particular teacher, administrator, or Board member;
     
 

2.

attempted transfer because of anticipated lower taxes;
     
 

3.

attempted transfer in the belief the property would then become more saleable;
     
 

4.

feelings of loyalty because some member of the family attended school in the district to which annexation is requested;
     
 

5.

relative financial status of the districts involved.
 

K.

Appeal
     
   

Any resident owner of land considered for transfer or the Board of any district whose boundary is affected may appeal the action of the Intermediate Board(s) in transferring such land or in failing to transfer such land. Such appeal should be filed with the State Board of Education within ten (10) days after such action or lack of action by the Intermediate Boards.
     
   

If the Intermediate Board(s) fail(s) to take action within sixty (60) days upon a petition or resolution to transfer territory, the owners of the territory or the Board of any affected district may appeal directly to the State Board of Education.
     
 

Revised 1/03
   

0131.2(c)

Procedure for Territory Transfer
   
 

The following steps need to be taken to ensure a property transfer is properly handled.
   
 

A.

Hand out and receive property transfer data from petitioner(s).
     
 

B.

Upon receipt of petition, all questions related to the legal status should be resolved. If necessary, legal questions can be referred to the Board attorney.
     
 

C.

Prepare Notice of Hearing and forward to all interested parties (Boards of Education and petitioners).
     
 

D.

Post necessary Notice of Hearing.
     
 

E.

Publish Notice of Hearing.
     
 

F.

Proof of publication to be given to the Board Secretary.
     
 

G.

Prepare agenda for hearing.
     
 

H.

All supportive material should be available at the hearing.
     
 

I.

Determination of hearing to be mailed to petitioners.
     
 

J.

Michigan Department of Education, School Management Services, Form SM-4143 5/74 to be completed and distributed as outlined on the form. (Maps to be attached.)
     
 

K.

Accounting for Property Transfer Costs:
   

Charge to Account No.:
 
 

1.

advertising costs--012-213-3540-231
     
 

2.

Board of Education salaries--012-231-1140-231
     
 

3.

Board of Education mileage--012-231-1140-231
     
 

M.C.L.A. 380.951 through 380.976
 

MSA 15.4951 through 15.4976
   
 

Revised 3/13/96
   

0132

Executive
   

0132.1

Selection of 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.

0132.2

Administrative Guidelines
   
 

The Superintendent may prepare administrative guidelines for the administration of the Intermediate District which are not inconsistent with statutes or regulations of the State Board or the policies of this Board.
   
 

Such administrative guidelines shall be binding on the employees and the students of this District 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 meeting next following such action.
   
 

M.C.L.A. 380.653, 380 1300
   

0133

Judicial
   
 

The Board of Education assumes jurisdiction over any dispute or controversy arising within this Intermediate 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 which shall offer the parties to a dispute, on notice duly given, a fair and impartial forum for the resolution of the matter.
   
 

M.C.L.A. 380.623