Table of Contents
Choose a section below.
Choose a policy from the list below.
File: AC
NONDISCRIMINATION/EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
The MSAD #11 Board is committed to maintaining a workplace and learning environment that is free from illegal discrimination and harassment.
In accordance with applicable Federal and/or State laws and regulations, MSAD #11 prohibits discrimination against and harassment of employees, candidates for employment, students and others with rights to admission or access to school programs, activities or premises on the basis of race, color, sex, sexual orientation, religion, ancestry or national origin, age, or disability. For the purpose of this policy, “sexual orientation” means a person’s actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression.
[NOTE: The Maine Human Rights Act (5 M.R.S.A. § 4551 et seq.) prohibits discrimination on the basis of sexual orientation. This policy includes the definition of “sexual orientation” provided in 5 M.R.S.A. § 4553(9-C).]
The MSAD #11 Board delegates to the Superintendent the responsibility for implementing this policy. The MSAD #11 Affirmative Action Plan will include designation of an Affirmative Action Officer who will be responsible for ensuring compliance with all Federal and State requirements related to nondiscrimination. The Affirmative Action Officer will be appointed by the Superintendent and will be a person with direct access to the Superintendent.
The Superintendent/Affirmative Action Officer shall be responsible for ensuring that notice of compliance with Federal and State civil rights laws is provided to all applicants for employment, employees, students, parents and others, as appropriate.
Legal Reference: Equal Employment Opportunities Act of 1972 (P.L. 92-261)
amending Title VII of the Civil Rights Act of 1964 (42-U.S.C.
§ 2000(e) et seq.)
Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681
et seq.)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621
et seq.)
Equal Pay Act of 1963 (29 U.S.C. § 206)
Vocational Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.)
Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)
Maine Human Rights Act (5 MRSA § 4551, et seq.)
Cross Reference: MSAD #11 Affirmative Action Plan
ACAA-Harassment and Sexual Harassment of Students
ACAB-Harassment and Sexual Harassment of School Employees
Adopted: October 2, 2008
File: ACA
GENDER NEUTRAL LANGUAGE
The MSAD #11 School Board directs that all staff members be especially alert to and avoid the use of sexist or other discriminatory language in all communications, both oral and written.
Cross Reference: AC – Nondiscrimination/Equal Opportunity and Affirmative Action Program
Adopted: August 6, 1992
Revised: January 7, 1993; October 6, 2005
File: ACAA
HARASSMENT AND SEXUAL HARASSMENT OF STUDENTS
Harassment of students because of race, color, sex, sexual orientation, religion, ancestry or national origin, or disability is prohibited. Such conduct is a violation of MSAD #11 Board policy and may constitute illegal discrimination under state and federal laws.
Harassment
Harassment includes but is not limited to verbal abuse based on race, color, sex, sexual orientation, religion, ancestry or national origin, or disability. Harassment that rises to the level of physical assault, battery and/or abuse is also addressed in the MSAD #11 Board policy JICIA - Weapons, Violence and School Safety.
Sexual Harassment
Sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors or pressure to engage in sexual activity, physical contact of a sexual nature, gestures, comments, or other physical, written or verbal conduct that is gender-based that interferes with a student's education. School employees, fellow students, volunteers and visitors to the school, and other persons with whom students may interact in order to pursue school activities are required to refrain from such conduct.
Harassment/sexual harassment of students by school employees is considered grounds for disciplinary action, up to and including discharge. Harassment/sexual harassment of students by other students is considered grounds for disciplinary action, up to and including expulsion. The Superintendent will determine appropriate sanctions for harassment of students by persons other than school employees and students.
The Superintendent or the employee designated as the Title IX Coordinator will investigate complaints of harassment in accordance with the Student Harassment Complaint Procedure. School employees, students, and parents shall be informed of this policy/procedure through handbooks and/or other means selected by the school administration.
Legal Reference: Title IX of the Education Amendments of 1972 (20 USC § 1681, et seq.)
Title VI of the Civil Rights Act of 1964 (42 USC § 2000(d))
5 MRSA §§ 4602; 4681 et seq.
20-A MRSA § 6553
Page 1 of 2
File: ACAA
Cross Reference: ACAA-R - Student Harassment Complaint Procedure
AC - Nondiscrimination/Equal Opportunity and Affirmative Action
ACAD - Hazing
JICIA - Weapons, Violence and School Safety
Adopted: November 2003
Revised: October 6, 2005
Page 2 of 2
File: ACAA-Reg.
Student Discrimination and Harassment Complaint Procedure
The following procedure outlines for students the process which will be used for handling complaints alleging discrimination or harassment.
For purposes of this procedure
A. A "complaint" is defined as an allegation that a student has been discriminated against or harassed on the basis of race color; sex, sexual orientation, religion, national origin or disability.
B. "Discrimination or harassment" means discrimination or harassment on the basis of race, color, sex, sexual orientation, religion, ancestry, national origin or disability.
Step One
Any student who believes he/she has been discriminated against or harassed should report his/her concern promptly to the building administrator. Students who are unsure whether discrimination or harassment has occurred are encouraged to discuss the situation with the administrator. The building administrator will investigate and attempt to resolve the complaint within three working days.
Step Two
If the complaint is not resolved satisfactorily or if the complainant wishes to bypass the building administrator, he/she may file a complaint with the district's affirmative action officer. The complaint will be investigated and completed within 21 working days, if practicable.
If the Affirmative Action Officer determines that discrimination or harassment occurred, he/she shall in consultation with the Superintendent:
1. Determine what disciplinary action should be taken against the person
who engaged in discrimination or harassment.
2. Inform the student who made the complaint (and his/her parents/guardians) of the
results of the investigation (in accordance with state and federal privacy laws).
If the student's parents/ guardians are dissatisfied with the resolution, an appeal may be made to the School Board within 14 school days of receiving notice of the decision. The Board will consider the appeal in executive session, to the extent permitted by law, at its next regular meeting or at a special meeting. The Superintendent shall submit the investigation report and any other witnesses or documents that he/she believes will be helpful to the Board. The student, his/her parents/guardians and his/her representative shall be allowed o be heard. The person
File: ACAA-R
against whom the complaint was made shall be invited and allowed to be heard. The Board's decision shall be final.
Step Three
A student may at any time, file a complaint with the Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333 (207-624-6050) and or the federal office for Civil Rights, Regional Director, US Department of Education, SW McCormack POCH Room 222, Boston, MA 02109-4557 (617-223-9622)
Considerations
School staff is expected to report possible incidents of discrimination or harassment of students. Parents and other adults are also encouraged to report any concerns about possible discrimination or harassment of students.
Students and others will not be retaliated against for making a complaint. Any retaliation by students or school staff will result in disciplinary measures up to and including expulsion.
The Superintendent or designee may take interim remedial measures to reduce the risk of further discrimination or harassment while the investigation is pending.
Legal Reference: TITLE 22 MRSA, SEC. 4001-4010-A ("Child. and Family Services and Child Protection Act")
P.L. 1991, Chap. 474 (5 MRSA, SEC. 46132; 26 MRSA SEC. 806,807)
Cross Reference: JLF-Reporting Child Abuse/Child Protection AC-R Discrimination Grievance Procedure
Adopted: January 9, 1992
Revised: January 7, 1993; November, 2003
NEPN/NSBA Code: ACAB
HARASSMENT AND SEXUAL HARASSMENT OF SCHOOL EMPLOYEES
Harassment of school employees because of race, color, sex, sexual orientation, religion, ancestry or national origin, age, or disability is prohibited. Such conduct is a violation of MSAD #11 Board policy and may constitute illegal discrimination under state and federal laws.
Harassment
Harassment includes but is not limited to verbal abuse, threats, physical assault and/or battery based on race, color, sex, sexual orientation, religion, ancestry or national origin, age, or disability. Under the Maine Civil Rights Act, violence or threats of violence against a person or their property based on their sexual orientation are also illegal.
Sexual Harassment
Unwelcome sexual advances, suggestive or lewd remarks, requests for sexual favors, and other verbal and physical conduct of a sexual nature constitute sexual harassment when:
A. Submission to such conduct is made either explicitly or implicitly a term or condition of an employee's work environment or employee benefits;
B. Submission to or rejection of such conduct by an employee is used as the basis for decisions on employment benefits; and/or
C. Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment.
Any employee who engages in harassment or sexual harassment will be subject to disciplinary action, up to and including discharge.
All complaints of harassment will be investigated in accordance with the School Employee Discrimination and Harassment Complaint Procedure.
Notice and Training
Annually, each employee shall receive a copy of this policy and the School Employee Discrimination and Harassment Complaint Procedure. This may be accomplished by including the policy/procedure with employee paychecks or by using other appropriate means to ensure that each employee receives a copy. All newly hired employees shall be provided training about sexual harassment in accordance with Maine law.
Page 1 of 2
File: ACAB
The Superintendent is responsible for ensuring that the school unit complies with all legal requirements for posting, notification and training of employees regarding harassment and sexual harassment.
Legal Reference: Title IX of the Education Amendments of 1972 (20 USC § 1681 et seq.)
Title VI of the Civil Rights Act of 1964 (42 USC § 2000d)
Americans with Disabilities Act (42 USC § 12101 et seq.)
Section 504 of the Vocational Rehabilitation Act of 1973 (29 USC § 794 et seq.)
Title VII (42 USC § 2000c-2; 29 CFR § 1604.11)
Age Discrimination in Employment Act (29 USC § 623)
5 MRSA §§ 4602; 4681 et seq.
20-A MRSA § 6553
26 MRSA §§ 806-807
Cross Reference: ACAB-R - School Employee Discrimination and Harassment Complaint Procedure
AC - Nondiscrimination/Equal Opportunity and Affirmative Action
ACAD - Hazing
Adopted: November 2003
Revised: October 6, 2005
Page 2 of 2
File: ACAD
HAZING
Maine statute defines injurious hazing as “any action or situation, including harassing behavior, that recklessly or intentionally endangers the mental or physical health of any school personnel or a student enrolled in a public school."
Injurious hazing activities of any type, either on or off school property, by any student, staff member, group or organization affiliated with this school unit, are inconsistent with the educational process and shall be prohibited at all times.
“Harassing behavior" includes acts of intimidation and any other conduct that recklessly or intentionally endangers the mental or physical health of a student or staff member.
“Acts of intimidation" include extortion, menacing, direct or indirect threats of violence, incidents of violence, bullying, statements or taunting of a malicious and/or derogatory nature that recklessly or intentionally endanger the mental or physical health of another person, and property damage or theft.
No administrator, faculty member, or other employee of the school unit shall encourage, permit, condone, or tolerate injurious hazing activities. No student, including leaders of students' organizations, shall plan, encourage, or engage in injurious hazing activities.
Students who violate this policy may be subject to disciplinary action which may include suspension, expulsion, or other appropriate measures. Administrators, professional staff, and all other employees who violate this policy may be subject to disciplinary action up to and including dismissal.
In the case of an organization affiliated with this school unit that authorizes hazing, penalties may include rescission of permission for that organization to operate on school property or to receive any other benefit of affiliation with the school unit.
Persons not associated with this school unit who fail to abide by this policy may be subject to ejection from school property and/or other measures as may be available under the law.
These penalties shall be in addition to any civil or criminal penalties to which the violator or organization may be subject.
The Superintendent/designee shall be responsible for administering this policy. In the event that an individual or organization disagrees with an action - or lack of action - on the part of the Superintendent/designee as he/she carries out the provisions of this policy, that individual or organization may appeal to the Board. The ruling of the Board with respect to the provisions of this policy shall be final.
This right to appeal does not apply to student suspensions of 10 days or less or to matters submitted to grievance procedures under applicable collective bargaining agreements.
A copy of this policy shall be included in all school, parent, and employee handbooks or otherwise distributed to all school employees and students.
Legal Reference: 20-A MRSA § 6553
Cross Reference: ACAA - Harassment and Sexual Harassment of Students
ACAB - Harassment and Sexual Harassment of Employees
JICIA - Weapons, Violence and School Safety
Adopted: October 19, 1994
Revised: April 12, 2001; October 6, 2005
Page 2 of 2
File: ACE
ACCOMMODATING MEMBERS OF THE PUBLIC WITH DISABILITIES
It is the MSAD #11 Board's intent that no qualified individual with a disability, including qualified members of the public with disabilities, shall, on the basis of his/her disability, be excluded from participation in or be denied the benefits of the services, programs, or activities offered by the District (including public meetings run by the District), nor shall any such individual be subjected to discrimination by the District
M.S.A D. #11 shall make reasonable modifications in policies, practices, or procedures to provide auxiliary aids and services (such as interpreters, note takers and other such assistance) and relocate or modify meeting facilities, when necessary, to avoid discrimination on the basis of disability, unless making the modifications or providing the assistance would fundamentally alter the nature of the service, program, or activity.
Individuals requesting a specific accommodation are asked to notify M.S.A D. #11's Affirmative Action Officer or Superintendent of Schools sufficiently in advance of the meeting or program to enable the District to evaluate the request and arrange those necessary accommodations.
This policy shall be interpreted consistent with state and federal law requiring nondiscrimination against qualified persons with disabilities and with Board Policy AC - Nondiscrimination/Equal Opportunity and Affirmative Action.
Adopted: December 1999
Revised: February 3, 2000; March 25, 2003; October 6, 2005
File: AD
EDUCATIONAL PHILOSOPHY/MISSION
As advocates for children, the MSAD #11 Board recognizes that the thorough and efficient education of children is its primary statutory-based responsibility. To this end, the Board considers proper and adequate support of schools to be a civic responsibility shared by all citizens.
The school district will provide an educational environment designed to encourage each student to acquire the necessary skills and perspectives needed for a meaningful life and career. All schools will strive to encourage students to form desirable habits that are necessary for them to become responsible, informed citizens. In general, we aim to have students develop attitudes and practices necessary for satisfying, worthwhile lives.
We believe that all children must be provided equal but not identical opportunities to allow them to achieve at levels commensurate with their abilities. We believe that all students must learn in an environment which allows them to develop positive attitudes toward themselves and genuine respect for others.
A rigorous core curriculum designed to achieve specific learning outcomes will be provided. It will be planned with the goal of creating and maintaining standards which will furnish students with the skills necessary for success in a global society while giving them a broad educational foundation compatible with their interests, aptitudes and aims. The curriculum and graduation requirements will be regularly evaluated to ensure their continued appropriateness.
In order to achieve our goals and to implement this philosophy, we believe that all schools must secure the involvement of the community, students, staff, parents and citizens. Educational responsibility must be shared with important community institutions. We strongly believe that our school system's success depends on good rapport and cooperation with our communities and its institutions.
The Board recognizes the professional staff as the body that is legally charged with the responsibility of providing education to all children. In fulfilling this responsibility, the staff will seek to ensure the following.
A. All children will master basic skills in the areas of language arts, mathematics, science, history, technology, health/physical education, music and the arts.
B. Instruction will be provided which is appropriate to each individual with respect to goals, methodology and evaluation.
C. Students will be seen in their totality as physical, mental and social, and aesthetic beings, which requires knowledge of child growth and development.
D. Staff members, in order to effectively execute their responsibilities, will establish goals for themselves consistent with the philosophy of the Board and individual schools. Staff members will engage in a self-evaluation process for the purpose of self-improvement--the ultimate objective being an improved instructional program for all students.
E. The Board recognizes that this highly technological society demands that students learn how to cope with change and realize that "learning" is a continuous process.
The Board fully accepts the responsibility of formulating policies and acquiring adequate funding to support the education process. The Board will always consider the welfare of students as the single most important factor in making decisions relative to educational policy. It will be the responsibility of the Board and administrators to promote sound educational practices and professional development.
Legal Reference: 20-A MRSA,§§ 1001(1-A); 4511(3)(A)
Adopted: October 6, 2005
File: ADA
SCHOOL DISTRICT GOALS AND OBJECTIVES
The MSAD #11 Board recognizes its responsibility to set goals for the efficient operation of the school unit. In discharging this responsibility, the Board will strive to ensure that the resources of the District are directed toward meeting the educational needs of each eligible student.
The Board will develop annual goals based on input solicited from a variety of sources. These goals will be shared with the community, the staff, and the students. The administration shall develop appropriate objectives designed to achieve the stated priorities.
The Board will regularly evaluate progress toward meeting the goals and will adopt appropriate policies designed to facilitate their accomplishment.
Legal Reference: 20-A MRSA § 4511(3)(A)
Adopted: August 6, 1992
Revised: October 6, 2005
File: ADAA
SCHOOL SYSTEM COMMITMENT TO STANDARDS
FOR ETHICAL AND RESPONSIBLE BEHAVIOR
The MSAD #11 School Board believes that promoting ethical and responsible behavior is an essential part of the school District's educational mission. The Board recognizes that ethics, constructive attitudes, responsible behavior, and “character" are important if a student is to leave school as a “responsible and involved citizen," as described in the Guiding Principles of the Maine Learning Results. The Board also recognizes that Maine law requires the adoption of a district-wide student code of conduct consistent with statewide standards for student behavior developed by the Commissioner of the Department of Education in compliance with 20-A MRSA § 254(11).
The MSAD #11 Board seeks to create and maintain a school climate in which ethical and responsible behavior can flourish. The Board believes that instilling a sense of ethics and responsibility in students requires setting positive expectations for student behavior as well as establishing disciplinary consequences for behavior that violates Board policy or school rules. Further, the Board believes that in order to teach ethical and responsible behavior, adults who interact with students must strive to model and reinforce ethical and responsible behavior. To that end, the Board supports an active partnership between schools and parents.
Recognizing that collaboratively identified core values are the foundation for a school culture that encourages and reinforces ethical and responsible student behavior, the Board is committed to the establishment and implementation of a process for identifying shared values and setting and enforcing standards for behavior, including prescription of consequences for unacceptable behavior. The process for identifying such shared values will invite and include the participation of Board members, school administrators, staff, parents, students, and the community. Core values will be reviewed periodically, with opportunity for public participation. The Board will direct the Superintendent/designee to develop a process to assess school system progress toward achievement of an ethical and responsible school culture.
Following the identification of core values, the Board, with input from administrators, staff, parents, students, and members of the community, will adopt a Student Code of Conduct consistent with statewide standards for student behavior that shall, as required by law:
A. Define unacceptable student behavior;
B. Establish standards of student responsibility for behavior;
C. Prescribe consequences for violation of the Student Code of Conduct, including first-time violations, when appropriate;
D. Describe appropriate procedures for referring students in need of special services to those services;
E. Establish criteria to determine when further assessment of a current Individual Education Plan (IEP) is necessary, based on removal of the student from class;
F. Establish policies and procedures concerning the removal of disruptive or violent students from a classroom or a school bus, as well as student disciplinary and placement decisions, when appropriate; and
G. Establish guidelines and criteria concerning the appropriate circumstances when the Superintendent/designee may provide information to the local police or other appropriate law enforcement authorities regarding an offense that involves violence committed by any person on school grounds or other school property.
The Student Code of Conduct will be reviewed periodically by the School Board, with input from administrators, staff, parents, students, and members of the community.
Students, parents, staff, and the community will be informed of the Student Code of Conduct through handbooks and/or other means selected by the Superintendent/designee.
Ethics and Curriculum
The Board encourages examination and discussion of ethical issues within content areas of the curriculum, as appropriate. The Board also encourages school administrators and staff to provide students with meaningful opportunities to apply values and ethical and responsible behavior through activities such as problem solving, service learning, peer mediation, and student government/leadership development.
Legal Reference: 20-A MRSA §§ 254; 1001 (15)
Adopted: January 8, 2004
Revised: October 6, 2005
File: ADC
TOBACCO USE AND POSSESSION
In order to promote the health, welfare and safety of students, staff and visitors and to promote the cleanliness of MSAD #11 facilities, the MSAD #11 Board prohibits smoking and all other use of tobacco products in school buildings and other school district facilities, on school buses, and on school grounds at all times by all persons.
In addition, students are further prohibited from possessing, selling, distributing or dispensing tobacco products in school buildings, facilities and on school grounds and buses during school-sponsored events and at all other times.
Employees and all other persons are also strictly prohibited, under law and MSAD #11 Board policy, from selling, distributing or in any way dispensing tobacco products to students.
Legal Reference: 22 MRSA §§ 1578(B), 1580(A)(3)
Me. PL 470 (An Act to Reduce Tobacco Use By Minors) 20 USC 6081-6084 (Pro-Children Act of 1994)
Adopted: May 2, 2002
Revised: October 6, 2005
Reviewed: April 3, 2008
File: ADF
SCHOOL DISTRICT COMMITMENT TO LEARNING RESULTS
M.S.A D. #11 hereby adopts Maine's system of Learning Results. The Learning Results system is intended to serve as a foundation for education reform and to promote and provide assessment of student learning, accountability and equity. The Board recognizes that the legislative intent of the learning results system is to provide children with schools that reflect high expectations and create conditions where these expectations can be met.
The Board understands that implementation of the Learning Results system and the mandate to provide all students with equitable opportunities to meet the content standards of the system of Learning Results have broad implications for the school unit, including curriculum, budget, professional development, student assessment, professional evaluation, and graduation requirements. Therefore, the Board is committed to examining its policies and school system practices to ensure that they are consistent with the intent and goals of the learning results system. This will require a concerted and coordinated effort involving the Board, the Superintendent, administrators, teachers, parents, students, and the community.
The Board directs the Superintendent to develop a plan and timeline for implementing the learning results system, and any appropriate administrative procedures. The Board further directs the Superintendent to report to the Board on a regular basis on progress toward implementing the Learning Results system.
Legal References: 20-A MRSA §§ 1001(6), 6208-6209
L.D. 1536, Chapter 51 Resolves
Ch. 127 § 3 (Me. Dept. of Ed. Rule)
Ch. 131 (Me. Dept. of Ed. Rule)
Adopted: June 3, 1999
Revised: October 6, 2005
File: AEC
ACCOMPLISHMENT REPORTING TO THE PUBLIC
The MSAD#11 Board is conscious of its responsibility for making informed decisions that will impact student learning and school system operations. As an elected body, the Board recognizes that it is accountable to the citizens of the school district for its decisions and the educational achievement of its students. Basic to accountability is the reporting of data concerning student achievement and, in general, the operations of the schools.
The Board directs the Superintendent to prepare appropriate reports that will provide the Board with the information it needs to make appropriate policy and planning decisions and to keep the public informed regarding the academic progress of its students, the effectiveness of school programs, and the needs of the school system. As practicable, the Superintendent may combine such reports into a single document and/or presentation or use multiple reporting processes, depending upon the nature of the information. Such reports shall be made available to the public pursuant to the Freedom of Access Law.
The Superintendent shall also be responsible for gathering and submitting data to the Maine Department of Education (DOE) and other agencies as required by law and/or regulations, and for preparing and disseminating reports to the Board and the public in compliance with applicable laws and/or regulations. Data collated by the State shall be incorporated into reports to the Board and/or public as mandated by law and/or regulations.
District Annual Report
Each year the Superintendent shall prepare and present to the Board an annual report addressing the activities of the school unit and his/her recommendations for improving student learning and school system operations. The report shall be made available to the public as a means of informing parents and citizens of the school system's goals, plans, programs and operations.
Comprehensive Plan Report
Each school unit must develop and implement a comprehensive education plan that is aligned with Maine's system of Learning Results, focused on the learning of all students and oriented to continuous improvement. The Superintendent shall
make an annual report to the Board and public on the school system's Comprehensive Education Plan and school improvement progress. The Board shall annually review and approve the Comprehensive Education Plan.
Local Assessment System
The Superintendent/designee, with the assistance of appropriate staff, will prepare for the Board's review and for dissemination to the public on an annual basis the results of the Local Assessment System. The purpose is to enable the Board and public to monitor student progress in achieving the content standards of the system of Learning Results and to make informed decisions concerning the instructional program and allocation of resources.
District Report Cards
In compliance with federal law and regulations, and to provide relevant information concerning the academic performance of the school system and of its individual schools, the Superintendent shall be responsible for annually collecting and submitting required data and for preparing and making available to schools, the parents of children in those schools, and the public a “district report card".
As required by federal law, district report cards shall contain the following information:
A. Aggregate data on student achievement at each proficiency level on state academic assessments and disaggregated data reflecting race, ethnicity, gender, disability, migrant status, English proficiency and status as economically disadvantaged;
B. Comparison of these student groups regarding achievement levels on each of the State assessments;
C. Percentage of students not tested, disaggregated by student groups;
D. Most recent two-year trend data in achievement by subject area and grade level in areas where assessments are required;
E. Aggregate data on state indicators to determine Adequate Yearly Progress (AYP), such as attendance rates for elementary schools;
F. Graduation rates for secondary schools, disaggregated by student groups;
G. Information on the school district's performance relevant to Adequate Yearly Progress (AYP) and the number, percentage and names of schools identified for improvement, including how long they have been so identified;
H. Professional qualifications of teachers and percentage of teachers with emergency or provisional qualification;
I. Percentage of classes not taught by highly qualified teachers, in the aggregate and disaggregated by high poverty and low poverty level schools; and
J. Comparison of the school district's student achievements on state assessments and other indicators of Adequate Yearly Progress (AYP) to students in the state as a whole.
As applied to data for individual schools, the district report card will include the following information:
A. The same information contained in the district report card;
B. Whether the school has been identified for school improvement; and
C. Information that shows how the school's students' achievement on the statewide academic assessments and other indicators of Adequate Yearly Progress (AYP) compared to students in the school district and the state as a whole. (20 U.S.C. § 6311(h)(2)(B)).
Responsibilities Associated with District
The Superintendent/designee shall be responsible for:
A. Updating and submitting required information;
B. Providing district report cards to parents of students in the district's schools in an understandable and uniform format and, to the extent practicable, in a language the parents can understand; and
C. Making district and school report cards widely available through public means, such as distribution to the media, posting on the Internet, and distribution through public agencies.
Financial Reports
The Superintendent/designee shall provide to the Board and public reports concerning the financial condition of the school system.
Other Reports
The Board may request, and the Superintendent/designee shall provide, to the Board and/or public other reports related to school system goals and objectives, the instructional program, and operations of the schools.
Legal References: 20 U.S.C. § 6311 (No Child Left Behind Act)
20-A M.R.S.A. §§ 4502(1), (6)
Ch. 125, 127 (Me. Dept. of Ed. Rules)
Cross References: KD/Public Information and Communications
Adopted: October 6, 2005
Choose a policy from the list below.
File: BB
SCHOOL BOARD LEGAL STATUS
Recognizing that“a general diffusion of the advantages of education is essential to the preservation of rights and liberties of the people," the Constitution of the State of Maine declares that the Legislature has the duty to require communities to provide for the support and maintenance of public schools in order to further this objective. Maine law establishes a State Department of Education to supervise a coordinated system of public education, a Commissioner to enforce regulatory requirements and to provide technical assistance and educational leadership, and a State Board of Education to act as a body with certain policymaking, administrative and advisory functions, but places the responsibility for control and management of public schools with locally elected School Committees, School Boards or Boards of Directors. Thus, M.S.A D. #11 derives its legal authority from the State's Constitution, state statutes, and regulations of the State Board of Education, as well as Federal laws and regulations.
By custom and tradition, local School Boards have responsibilities to the local citizenry they serve and which elect them to office. Recognizing this parallel concept of authority and responsibility, the Board becomes a policy-making body for the school district serving within the framework provided by law and responding to the will of the local citizenry.
M.S.A D. #11's certificate of organization was issued May 9, 1959. There are 12 members on the Board of Directors, six from Gardiner, two from West Gardiner, two from Pittston, and two from Randolph. Each Director serves for three years, and these terms overlap so that in each year some directorships are vacated and must be resupplied by election. Each director has one vote.
At the first regular board meeting in April of odd numbered years as a part of the Board reorganization procedure, one director is elected to serve as Chair and is the presiding officer at all its meetings.
One director is elected to serve as Vice-chair. In the absence of the Chair, the Vice-chair will assume the role of Acting Chair with all rights and responsibilities of the Chair contained therein.
Legal Reference: 20-A MRSA §§ 1001, 1251 et seq.
Cross Reference: BDB - Board Officers
Adopted: Prior to 1985
Revised: June 5, 1986; November 1, 1990; October 1, 1992; June 15, 2006
MSAD #ll
File: BBA
SCHOOL BOARD POWERS AND RESPONSIBILITIES
The MSAD #11 School Board shall have general charge of all the public schools of this district and shall exercise such other responsibilities as specifically provided by law.
The MSAD #11 Board shall concern itself primarily with broad questions of policy rather than with administrative details. The application of policies is an administrative task to be performed by the Superintendent and his/her staff, who shall be held responsible for the effective administration and supervision of the entire school system.
The MSAD #11 Board, functioning within the framework of laws, court decisions, attorney generals' opinions, and similar mandates from the state and national levels of government, and recognizing the authority of the state, fulfills its mission as the governing body of a political subdivision by acting as follows in the execution of its duties:
A. Enacts policy;
B. Selects, employs and evaluates the Superintendent;
C. Provides for the planning, expansion, improvement, financing, construction and maintenance of the physical plant of the school system;
D. Prescribes the minimum standards needed for the efficient operation and improvement of the school system;
E. Requires the establishment and maintenance of records, accounts, archives, management methods and procedures incidental to the conduct of school business;
F. Approves the budget, financial reports, audits, major expenditures, payment of obligations, and policies whereby the administration may formulate procedures, regulations, and other guides for the orderly accomplishment of business;
G. Estimates the funds necessary from taxes for the operation, support, maintenance and improvement of the school system;
H. Adopts courses of study;
I. Provides staff and instructional aids;
J. Evaluates the educational program to determine the effectiveness with which the schools are achieving the educational purposes of the school system;
K. Provides for the dissemination of information relating to the schools necessary for creating a well-informed public; and
L. Approves/disapproves personnel nominations from the Superintendent and determines (where appropriate via collective bargaining) compensation and working conditions of all staff.
Legal Reference: 20-A MRSA § 1001
Adopted: October 1, 1992
Revised: May 2003; June 15, 2006
File: BBAA
BOARD MEMBER AUTHORITY AND RESPONSIBILITIES
Members of the MSAD #11 Board have authority only when acting as a board legally in session. The MSAD #11 Board shall not be bound in any way by any action or statement on the part of any individual MSAD #11 Board member except when such statement or action is in pursuance of specific instructions from the MSAD #11 Board.
Legal Reference: 20-A MRSA §§ 1001-1003
Adopted: October 1, 1992
Revised: June 15, 2006
MSAD #ll
File: BBBA
BOARD MEMBER QUALIFICATIONS
A person is legally qualified to become a member of the MSAD #11 Board if he/she is a United States citizen, a resident of the State of Maine, a qualified voter in the community or ward thereof by and from which he/she is elected and at least 18 years of age.
Elections shall be nonpartisan. Candidates' qualifications, residency requirements and proper nomination procedures shall be the same as for candidates for city or town council.
No member of the MSAD #11 Board or spouse shall be an employee in any public school within the system.
Legal Reference: 30-A MRSA § 2526
20-A MRSA § 1002(2)
Adopted: Prior to 1985
Revised: June 5, 1986; November 1, 1990; October 1, 1992; June 15, 2006
File: BBBDA
BOARD-DECLARED VACANCY CAUSED BY ABSENTEEISM
When a member must be absent from a regular and/or bimonthly meeting of the MSAD #11 School Board for any reason, that member shall contact the Board Chair and request to be excused from the meeting; if the Chair must be absent, he/she shall contact the Vice Chair. The Chair (or Vice Chair) shall determine whether or not the request shall be granted, unless otherwise ruled by a majority of the MSAD #11 Board. The minutes of each meeting shall reflect the names of the members present, those absent with excuse (if any) and those absent without excuse (if any).
The MSAD #11 Board shall take the following action when a member is absent without excuse.
A. After two consecutive unexcused absences from regular meetings, the member shall be notified in writing by certified mail by the MSAD #11 Board informing him/her that a third consecutive unexcused absence from a regular meeting will constitute cause for the MSAD #11 Board to consider declaring his/her seat on the Board vacant.
B. After three consecutive unexcused absences from regular and/or bimonthly meetings, the MSAD #11 Board shall notify said member in writing by certified mail that the MSAD #11 Board will consider declaring his/her seat vacant at the next regular meeting of the MSAD #11 Board or at a special meeting called for the purpose of considering this matter.
C. At the meeting where the declaration of a vacancy, in accordance with this policy, is being considered, the MSAD #11 Board member who is the subject of the action shall be provided the opportunity to present his/her reasons why the MSAD #11 Board should not declare a vacancy.
D. Following the deliberation outlined in sections B and C of this policy, the MSAD #11 Board shall vote whether or not to declare a vacancy.
E. Should a vacancy be declared in accordance with this policy, the vacancy shall be filled in accordance with the appropriate provisions of MRSA Title 20-A.
F. An absence for any of the following reasons shall be routinely considered an excused absence: Illness of the member or members of his/her immediate family, death in the member's family, a short-term family obligation, or an unavoidable commitment related to the member's employment (so long as such a commitment is not of the type which prevents the member from attending on a regular basis). Absences for reasons other than those identified above shall be considered by the MSAD #11 Board on an individual basis.
Legal Reference: 20-A MRSA § 1254
Adopted: October 1, 1992
Revised: June 15, 2006; December 6, 2007
Page 2 of 2
File: BBBE
UNEXPIRED TERM FULFILLMENT/VACANCIES
A vacancy shall be declared when the term of office of an MSAD #11 school board member expires, when a MSAD #11 school board member changes residency from the municipality from which elected, upon the death of a MSAD #11 school board member, when a MSAD #11 school board member resigns, or, except in municipalities having a municipal charter, when a MSAD #11 school board member is absent without excuse for three (3) consecutive regular monthly board meetings. The MSAD #11 School Board shall notify the municipal officers of the municipalities within the district before the annual town meetings or before regular city elections of the vacancies. The municipal officers shall then select an interim MSAD #11 school board member to serve until the next election.
Legal Reference: 20-A MRSA § 1254
Adopted: October 1, 1992
Revised: June 15, 2006
File: BCA
BOARD MEMBER CODE OF ETHICS
Having accepted the challenge of service on the MSAD #11 School Board members also accept the principles set forth in the following Code of Ethics to guide them in helping to provide the best possible education for each child in the District.
Boards of education are more than a collection of individuals elected to represent a specific segment of the District. They function as a group. All policies and decisions are group decisions. Therefore, effective functioning requires an awareness on the part of each member of his/her responsibilities to the group. The MSAD #11 Board expects all of its members will:
A. Endeavor to attend every regular and special MSAD #11 Board meeting, recognizing that their presence means better discussions and decisions, as well as representation for their municipality;
B. Recognize that their responsibility is not to operate the schools but to see that they are well operated;
C. Confine their MSAD #11 Board action to policymaking, planning, and appraisal, leaving the administration of the schools to the school Superintendent;
D. Support MSAD #11 Board decisions graciously once they have been made by the majority of the MSAD #11 Board;
E. Make decisions only after all facts bearing on a question have been presented and discussed;
F. Refuse to make promises as to how they will vote on a matter that should properly come before the MSAD #11 Board as a whole;
G. Make no disparaging remarks, in or out of MSAD #11 Board meetings, about other members of the MSAD #11 Board or their opinions;
H. Not discuss the confidential business of the MSAD #11 Board in their homes, on the streets, or in their offices - the place for such discussion being the MSAD #11 School Board meeting;
I. Remember at all times that as individuals they have no legal authority outside the meetings of the MSAD #11 Board, and that they will conduct their relationships with the school staff, the local citizenry, and all media of communications on the basis of this fact;
J. At all times think of children first and base their decisions on how they will affect children, their education, and their training;
K. Endeavor at all times to see that schools have adequate financial support within the capabilities of the community and state, in order that every child may receive the best possible education;
L. Welcome and encourage cooperation and participation by teachers, administrators, and other personnel in developing policies that affect their welfare and that of the children they serve;
M. Listen to all citizens and handle all complaints in accordance with established MSAD #11 Board policies and publicly discuss such complaints only at a regular meeting;
N. Recognize and willingly accept their role as an advocate in the community for public education and provide leadership in communicating the importance of public education to the community's future growth;
O. Endeavor to participate in MSAD #11 Board-related programs of professional development that will help them to more effectively meet their responsibilities to the community and to the MSAD #11 Board;
P. Come to all meetings fully prepared to conduct the MSAD #11 Board's business by reading, studying, and gathering information relevant to that business; and
Q. Recognize that the nature of the business of the MSAD #11 Board is to seek different viewpoints and to legitimately and fairly represent these differences in setting policy. Therefore, members will respect the differing opinions and points of view represented by their fellow MSAD #11 board members and will work on preventing these differences from creating interpersonal conflicts.
Cross Reference: BCB - Board Member Conflicts of Interest
Adopted: Prior to 1985
Revised: June 5, 1986; November 1, 1990; October 1, 1992; June 15, 2006
File: BCB
BOARD MEMBER CONFLICT OF INTEREST
A MSAD #11 Board member shall not have any direct or indirect pecuniary interest (as defined by law) in a contract with the school unit, nor shall he/she furnish directly any labor, equipment, or supplies to the unit.
In the event that a MSAD #11 Board member is employed by a corporation or business, or has a secondary interest in a corporation or business which furnishes goods or services to the schools, the MSAD #11 Board member shall declare his/her secondary interest and refrain from debating or voting upon the question of contracting with the company.
It is not the intent of this policy to prevent the school district from contracting with corporations or businesses because a MSAD #11 Board member is an employee of the firm. The policy is designed to prevent the placing of MSAD #11 Board members in a position where their interest in public schools and their interest in their places of employment (or other indirect interest) might conflict, and to avoid appearances of conflict of interest even though such conflict may not exist.
A MSAD #11 Board member may not, during the time the member serves on the MSAD #11 Board and for one year after the member ceases to serve on the MSAD #11 Board, be appointed to any civil office of profit or employment position which has been created or the compensation of which has been increased by the action of the MSAD #11 Board during the time the member serves on the MSAD #11 Board.
A member of the MSAD #11 Board or spouse of a member may not be an employee in a public school within the jurisdiction of the MSAD #11 Board to which the member is elected.
A member of the MSAD #11 Board, or spouse of a member, may not serve as a volunteer when that volunteer has primary responsibility for a curricular, co-curricular or extracurricular program or activity and reports directly to the Superintendent, principal, athletic director or other school administrator in a public school within the jurisdiction of the MSAD #11 Board to which the member is elected.
Volunteer activities of a member of the MSAD #11 Board or member's spouse, other than in roles that are prohibited by this section, may be prescribed by policies developed and approved by the MSAD #11 Board.
For the purposes of this policy, the following statutory definitions apply:
A. “Employee" means a person who receives monetary payment or benefits, no matter the amount paid or hours worked, for personal services performed for a school administrative district.
B. “Volunteer" means a person who performs personal services for a school administrative district without monetary payments or benefits of any kind or amount.
Legal Reference: 17 MRSA § 3104
20-A MRSA §§ 1002 et seq.; 1051
30-A MRSA §§ 2251; 2604 et seq.
Adopted: Prior to 1985
Revised: June 5, 1986; November 1, 1990; October 1, 1992; June 15, 2006
File: BDA
BOARD ORGANIZATIONAL MEETING
Reorganization shall be effected at the first regular MSAD #11 Board meeting in April of odd numbered years. At this meeting, the first order of business shall be the election of a Chair and Vice Chair. If more than one candidate is nominated for either position, vote shall be by a show of hands.
The Chair and Vice Chair shall serve until the next organizational meeting, at the pleasure of the MSAD #11 Board. Removal prior to the next organizational meeting shall require a 2/3 vote of the whole MSAD #11 Board.
The MSAD #11 Board Chair shall appoint, at the next regular meeting of the MSAD #11 Board following his/her election or prior to that meeting, five members to each of the MSAD #11 Board's standing committees (policy, finance, negotiations, long-range planning). A member may request reassignment to another standing committee.
The Chair shall also appoint to any advisory committees members of the MSAD #11 Board who shall serve, until the expiration of his/her term, or until the dissolution of the committee, whichever is earliest. A member may request reassignment to another advisory committee after municipal elections or as vacancies occur.
All committees shall be comprised of less than a majority of the MSAD #11 Board.
Cross Reference: BDE - Board Standing Committees
BDF - Board Advisory Committees
Adopted: Prior to 1985
Revised: 6/5/86; 11/1/90; 10/1/92; 4/2/98; 1/8/04; 6/15/2006
File: BDB
BOARD OFFICERS
Duties of the Chair
The Chair shall preside at all meetings of the MSAD #11 Board and shall perform other duties as directed by law, Maine Department of Education rules, and by this MSAD #11 Board. In carrying out these responsibilities, the Chair shall:
A. Sign the instruments, acts, and orders necessary to carry out state requirements and the will of the MSAD #11 Board;
B. Consult with the Superintendent in the planning of the MSAD #11 Board meeting agendas;
C. Confer with the Superintendent on crucial matters that may occur between MSAD #11 Board meetings;
D. Appoint subcommittees and serve as an ex-officio member of all such committees;
E. Call special meetings of the MSAD #11 Board as necessary;
F. Be the public spokesperson for the MSAD #11 Board at all times except as this responsibility is specifically delegated to others; and
G. Preside at and be responsible for the orderly conduct of all MSAD #11 Board meetings.
As presiding officer at all meetings of the MSAD #11 Board, the Chair shall:
A. Call the meeting to order at the appointed time;
B. Announce the business to come before the MSAD #11 Board in its proper order;
C. Enforce the MSAD #11 Board's policies relating to the order of business and the conduct of meetings;
D. Explain, as appropriate, what the effect of a motion would be;
E. Restrict discussion when a motion is before the MSAD #11 Board;
F. Put motions to a vote and announce the vote result.
The Chair shall have the right, as other MSAD #11 board members have, to offer motions, discuss questions, and vote.
Duties of the Vice-Chair
In the absence of the Chair, the Vice-Chair shall perform all the duties of the Chair and any other duties assigned by the Chair.
Duties of the Secretary
The Superintendent shall serve as Secretary of the MSAD #11 Board, with the right to speak on all questions and offer recommendations. The Secretary shall be responsible for ensuring that records are kept of all business transacted by the MSAD #11 Board at both regular and appropriately called special meetings, and shall perform such other functions as are ordinarily functions of this office.
Legal Reference: 20-A MRSA § 1251.5, 7
Cross Reference: BB - School Board Legal Status
Adopted: Prior to 1985
Revised: 6/5/86; 11/1/90; 10/1/92; 4/10/95; 5/4/95; 6/15/2006
Page 2 of 2
MSAD #ll
File: BDD
BOARD-SUPERINTENDENT RELATIONSHIP
The MSAD #11 Board believes that exercising its legislative function through policymaking is its most important responsibility. The MSAD #11 Board is also responsible for setting the direction for the school district and evaluating progress toward goals.
The management of the schools is the function of the Superintendent. The MSAD #11 Board holds the Superintendent responsible for complying with all applicable laws, rules and regulations; for administering MSAD #11 Board policies and decisions; for the operation of the schools and educational program; for the system of supervision and evaluation of staff; and for keeping the MSAD #11 Board informed about school operations, problems and opportunities. The MSAD #11 Board recognizes that the Superintendent may delegate certain responsibilities to other personnel. Such delegation does not relieve the Superintendent of the final responsibility for actions taken.
The MSAD #11 Board, collectively and as individual members, shall:
A. Recognize the Superintendent as the educational leader of the school district;
B. Provide direction for the Superintendent through written policies, objectives and goals for the school district;
C. Give the Superintendent full administrative authority and support for properly discharging his/her professional duties, while holding him/her responsible for acceptable results;
D. Hold all MSAD #11 Board meetings in the presence of the Superintendent, except as otherwise permitted by law or when the Superintendent voluntarily excuses him/herself at the request of the Board. The Superintendent will attend all meetings of standing and/or advisory meetings.
E. Refer complaints, criticisms, and requests to the Superintendent or other appropriate personnel and discuss them at MSAD #11 Board meetings only after administrative solutions have been exhausted; and
F. Evaluate the Superintendent and provide appropriate opportunities for the Superintendent to share his/her perceptions regarding the working relationship between the MSAD #11 Board and Superintendent.
Legal Reference: 1 MRSA § 401 et seq.
20-A MRSA §§ 1001 et seq.; 1051 et seq.; 13201; 13301
Cross Reference: BBA - School Board Powers and Responsibilities
BCA - Board Member Code of Ethics
CB - School Superintendent
CB-R - Superintendent Job Description
CBI - Evaluation of the Superintendent
Adopted: Prior to 1985
Revised: June 5, 1986; November 1, 1990; October 1, 1992; June 15, 2006
File: BDE
BOARD STANDING COMMITTEES
The MSAD #11 Board believes that standing committees can be useful to its decision-making process and in the transaction of MSAD #11 Board business. The MSAD #11 Board may establish such standing committees as it deems necessary to facilitate school unit governance and address ongoing school district needs. A standing committee has only such authority as specified by the MSAD #11 Board.
All standing committees shall be comprised of less than a majority of the MSAD #11 Board.
All standing committee meetings are open to the public except as provided by the Freedom of Access Law and the Municipal Public Employees Labor Relations Law.
Establishment and Functions of Standing Committees
The following provisions apply to the establishment and functions of standing committees:
A. All standing committees shall be established by vote of the MSAD #11 Board. All standing committees shall be comprised of five members. A motion to establish a standing committee shall state the purpose and responsibilities of the committee (the charge).
B. The MSAD #11 Board Chair will appoint members to a standing committee from among the membership of the MSAD #11 Board, with consideration given to equitable geographic representation. For existing standing committees, appointments will be made at or as soon as practicable after the MSAD #11 School Board's bi-annual organizational meeting. The Chair will also appoint members to standing committees as vacancies occur on the MSAD #11 Board due to municipal elections.
C. Standing Committee members may request reassignment to standing committee vacancies on standing committees that occur prior to the MSAD #11 Board's next organizational meeting. The MSAD #11 Board Chair may grant such requests but is not obligated to do so.
D. Each standing committee will elect its own chair, biannually after the MSAD #11 Board organizational meeting , or as needed.
E. The MSAD #11 Board Chair and Superintendent shall be ex officio (non-voting) members of all standing committees.
F. Any MSAD #11 Board member may attend standing committee meetings and participate in discussion, but only appointed members of the committee may vote.
G. Except as authorized by law or MSAD #11 Board action, a standing committee may research issues and make recommendations for MSAD #11 Board action, but may not act for the MSAD #11 Board.
H. A standing committee may be abolished at any time by a vote of the MSAD #11 Board.
I The number of members on a standing committee and/or the responsibilities
of a standing committee may be modified at any time by a vote of the
MSAD #11 Board.
J. If there is not a quorum, the Chair or the Vice Chair can be a voting
member of all standing committees.
Authorization/Appointment of Standing Committees
The MSAD #11 Board shall have the following standing committees:
Policy
Finance
Negotiations
Long-Range Planning
The MSAD #11 Board may establish other standing committees it deems necessary in accordance with this policy.
Legal Reference: 1 M.R.S.A. § 401 et seq.
Adopted: Prior to 1985
Revised: 6/5/86; 1/1/90; 10/1/92; 3/5/04; 6/15/2006
File: BDE-R
STANDING COMMITTEE OPERATING PROCEDURES
A. Each standing committee shall meet at the call of its chair at a time and place to be designated in the call of the meeting. Standing committee meetings shall be held monthly, as needed. Additional meetings may be scheduled as needed.
B. The chair of a standing committee, in collaboration with the Superintendent/designee, will establish the agenda for each meeting to promote the orderly flow of information and the effective operations of the MSAD #11 Board and its standing committees.
C. Notice to the public of the date, time and place of a standing committee meeting and the agenda for the meeting shall be provided at least three days in advance and in a manner consistent with the MSAD #11 Board's policy and practice concerning notification of MSAD #11 Board meetings.
D. The Superintendent may designate administrators or staff to serve in a liaison or advisory capacity and/or to provide information and/or resources.
E. Any member of the MSAD #11 Board, staff or public may attend a standing committee meeting, but may speak only at the discretion of the chair.
F. The presence of a majority of the members of a standing committee shall constitute a quorum for voting purposes. Only the members of the standing committee may vote on agenda items.
G. In the event that the chair of a standing committee is unavailable for a scheduled
committee meeting, the members of the standing committee will elect one of the
members in attendance to act as chair for the duration of the meeting.
H. For any matter on its agenda, a standing committee may by majority vote of members present, or by consensus, agree to make recommendations to the full MSAD #11 Board. Recommendations may be in the form of a proposed motion and/or a report. A standing committee may also forward a matter under discussion to the full MSAD #11 Board with no recommendation.
I. Standing committee reports will be included as an agenda item for all regular MSAD #11 Board meetings.
J. Any item referred to a standing committee by the MSAD #11 Board shall be reported on at the next regular MSAD #11 Board meeting. The standing committee's report should indicate work completed or progress made to date. The report may include the recommendation for continued standing committee study.
K. Standing committee minutes are public information subject to the Freedom of Access Law.
Legal Reference: 1 M.R.S.A.§ 401 et seq.
Adopted: June 15, 2006
File: BDEB
APPOINTMENTS TO BOARD COMMITTEES
Appointment to standing committees shall be consistent with the following:
A. All standing committees members shall consist of five (5) members. The chair in making assignments to these committees, shall endeavor to assure geographic representation on each committee.
B. The Committee shall elect a Chair after a general reorganization of all committees has taken place, or a committee chair vacates the position
C. The Chairs of each committee shall work collaboratively with the Superintendent to develop meeting agendas. The Chair shall make reports to the full Board as appropriate.
D. Special (ad hoc) board committees may be established by the chair as
necessary. Such committees shall continue in existence for a period no longer
than one year from date of the next organizational meeting unless specifically
voted to continue for another year. In any event, any special board committee
shall be considered dissolved when the purpose for which it was created shall
have been declared accomplished by the chair.
E. Any member of the board may attend and participate in the discussion at any
meeting of any committee, but only appointed members of the committee shall have the right to vote. Written announcements of all committee meetings shall be forwarded to the membership of the entire board. Committee meetings are open to the public.
F. A quorum of a committee consists of a majority of the appointed members.
Cross Reference: BDA-Organizational Meeting
Adopted: PRIOR TO 1985
Revised: JUNE 5, 1986; NOVBMBER 1, 1990; OCTOBER 1, 1992; MARCH 5, 2004
MSAD #11
File: BDEC
COMMITTEE REPORTS
All committee majority reports shall be considered as motions duly made and seconded by members of the committee.
Adopted: PRIOR TO 1985
Revised: JUNE 5, 1986; OCTOBER 1, 1992
MSAD #ll
File: BDF
BOARD ADVISORY COMMITTEES
The MSAD #11 Board may establish advisory committees to perform specific functions. Advisory committees may study particular problems or issues and make reports and/or recommendations to the MSAD #11 Board, but may not act for the MSAD #11 Board.
Advisory committees may include individuals who are not elected members of the MSAD #11 Board but each advisory committee shall have at least one MSAD #11 Board representative.
The MSAD #11 Board will consult with the Superintendent before establishing or dissolving any advisory committee. The committees charge, number of members, the composition of each advisory committee, and the selection of members will be determined by the MSAD #11 Board Chair and Vice Chair in consultation with the Superintendent based upon the purpose of the committee, and subject to MSAD #11 Board approval.
The scope and authority of any advisory committee shall be limited to that assigned to it by the MSAD #11 Board. The MSAD #11 Board is in no way obligated to follow advisory committee recommendations.
Unless given a new assignment by the MSAD #11 Board, an advisory committee shall be dissolved promptly upon completion of its task. An advisory committee may be dissolved at any time by MSAD #11 Board action. No advisory committee shall continue for a prolonged period without a specific assignment.
Instructions to Board Advisory Committees:
So that the MSAD #11 Board's intent and expectations are clear, each advisory committee shall
be instructed in writing concerning:
A. The purpose of the committee, the specific issue(s) for study, and/or the scope of the committee's activity;
B. The composition of the committee, including designation of voting and non-voting members, if applicable;
C. The length of time each member is expected to serve;
D. The role of the committee as being advisory only;
E. The resources the MSAD #11 Board will provide to assist the committee in completing its task;
F. The expectations regarding the committee's relationship with the MSAD #11 Board, the Superintendent and school system personnel;
G. MSAD #11 School Board Chair and Superintendent will be responsible for providing information to the public concerning the committee and its work;
H. The time and place of the first meeting;
I. The timeline for progress reports to the MSAD #11 Board and/or other activities;
J. The date on which the MSAD #11 Board expects to receive a final report or recommendations and dissolve the committee.
All advisory committee meetings are open to the public except as may otherwise be provided by law. Committee reports and minutes of advisory committee meetings, if prepared, are public information subject to the Freedom of Access Law.
Notice of advisory committee meetings shall be provided in a manner consistent with the MSAD #11 Board's policy and practice concerning notification of MSAD #11 Board meetings.
The MSAD #11 Board recognizes that any advisory committee mandated by state law or Department of Education regulations may require deviation from any or all of the provisions of this policy. Any such deviations shall be identified when the MSAD #11 Board establishes such a committee and reflected in the MSAD #11 Board's instructions to the committee.
Legal Reference: 1 M.R.S.A. § 401 et seq.
Adopted: Prior to 1985
Revised: June 5, 1986; November 1, 1990; October 1, 1992; June 15, 2006
File: BDG
SCHOOL ATTORNEY/LEGAL SERVICES
The MSAD #11 Board recognizes that the increasing complexity of school unit operations frequently requires procurement of professional legal services. Therefore, the MSAD #11 Board shall designate an attorney and/or law firm to provide such services on an ongoing basis. The school attorney(s) shall be admitted to practice law in Maine. The MSAD #11 Board reserves the right to obtain legal services outside of its designated attorney/law firm as deemed appropriate.
A decision to seek legal advice or assistance on behalf of the school unit shall normally be made by the Superintendent or MSAD #11 Board Chair in accordance with MSAD #11 Board policy and when an obvious need exists. Such services may also be obtained as a consequence of a formal vote of the MSAD #11 Board.
Legal services required by the school unit may include, but not be limited to:
A. Providing general legal advice to the MSAD #11 Board and/or
administration;
B. Assisting with labor negotiations;
C. Assisting with personnel matters;
D. Assisting with expulsions and other student disciplinary matters;
E. Conduct and/or assist with pending or actual litigation involving the school district;
F. Other specialized legal services; and
G. Attendance at MSAD #11 Board meetings or other activities as appropriate.
Many types of legal services are considered routine and do not require specific Board approval. However, when the Superintendent concludes that the potential for significant legal expenditure exists or under other unusual circumstances, he/she shall inform the Board at an appropriate point in the process. The Board may take action on such matters as appropriate.
Adopted: October 1, 1992
Revised: June 15, 2006
File:BE
SCHOOL BOARD MEETINGS
Regular Meetings
The MSAD #11 Board will hold its regular business meetings at 7:00 p.m. on the first Thursday of each month. If this date falls on a holiday, the scheduled meeting will be held the following Thursday. The MSAD #11 Board reserves the third Thursday for each month for Bimonthly meetings.
Special Meetings
A meeting of the MSAD #11 Board is a meeting that is held to address important matters that arise between regular meetings and/or require MSAD #11 Board action before the time set for the next regular meeting, or to consider a single complex or controversial subject in one session.
A special meeting may be called at the discretion of the Chair or at the request of the Superintendent. A special meeting shall be called at the written request of a majority of members of the MSAD # 11 Board.
The Superintendent shall be responsible for providing notice of any special meeting to MSAD #11 Board members and the media at least 72 hours in advance of the meeting. The notice or agenda shall indicate the subject(s) of the meeting and action to be taken.
No business other than that stated in the notice of the meeting shall be transacted unless the Board agrees by a majority vote to consider other business.
Emergency Meetings
An emergency meeting of the MSAD #11 Board is a meeting that is called because a matter is so urgent that it must be addressed immediately and the advance notice required for a special meeting cannot reasonably be provided.
An emergency meeting may be called by the Chair or at the request of the Superintendent.
Whenever practicable, 24 hour advance notice will be provided. The Superintendent shall notify the media of an emergency meeting by the same or faster means as used to notify
MSAD #11 Board members. The notice shall indicate the purpose of the meeting.
No business may be transacted other than that related to the purpose for which the emergency meeting is called.
Executive Sessions
Executive sessions of the MSAD #11 Board shall be called and conducted in accordance with state law. Only the matter(s) stated in the motion to enter executive session shall be considered. No final action may be taken in executive session.
Workshops and Informational Meetings
The MSAD #11 Board, at its discretion, may schedule workshops and other meetings to discuss a particular subject or proposal or to gather input from staff, community, or other groups.
No formal action shall be taken by the MSAD #11 Board at any meeting other than a regular meeting, special meeting, or emergency meeting.
Legal References: 1 MRSA § 403 et seq. 20-A MRSA § 1001
Cross References: BEC-Executive Sessions
BEDA-Notification of Board Meetings BEDB-Agenda Preparation and Dissemination
Adopted: Prior to 1985
Revised: 6/5/86; 11/1/90; 10/1/92; 11/4/93; 4/2/98; 6/15/06
File: BEA
SCHOOL BOARD USE OF ELECTRONIC MAIL (EMAIL)
Use of electronic mail (email) by MSAD #11 School Board members should conform to the same standards of judgment, propriety and ethics as other forms of school board-related communication. MSAD #11 Board members shall comply with the following guidelines when using email in the conduct of board responsibilities:
A. The MSAD #11 School Board shall not use email as a substitute for deliberations at MSAD #11 Board meetings or for other communications or business properly confined to MSAD #11 Board meetings.
B. MSAD #11 Board members should be aware that email and email attachments received or prepared for use in board business or containing information relating to board business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law.
C. MSAD #11 Board members shall avoid reference to confidential information about employees, students or other matters in email communications because of the risk of improper disclosure. MSAD #11 Board members should comply with the same standards as school employees with regard to confidential information.
Legal Reference: 1 MRSA § 401 et seq.
20-A MRSA § 6001-6002
20 USC § 1232g
Cross Reference: GBJ - Personnel Records and Files
JRA - Student Educational Records
Adopted: June 15, 2006
File: BEC-E
EXECUTIVE SESSION LAW
I. To Enter Executive Session, the MSAD #11 Board must:
A. Start with a public meeting;
B. Have a public recorded vote of 3/5 of members present and voting; and
C. State the precise nature of business in the motion to enter executive session, and include a citation of one or more sources of statutory or other authority that permits an executive session for that business. When labor contracts are the subject of an executive session, the parties must be named.
II. Restrictions During Executive Session
A. Only matters stated in the motion may be considered.
B. No official actions shall be finally approved.
C. No public record shall be kept.
III. Items Which May Be Discussed In Executive Session
A. Discussion or consideration of employment, appointment, assignment, duties, compensation, evaluation, resignation, disciplining, promotion, demotion or dismissal of public officials, appointees or employees or the investigation of charges or complaints against persons, subject to the following conditions:
1. Only when public discussion could be reasonably expected to cause damage to the reputation or violate the individual's right to privacy;
2. Person charged or investigated has right to be present;
3. Person charged or investigated may request in writing that the investigation be conducted in open session. Such requests must be honored; and
4. Any person bringing charges shall be permitted to be present (does not specify participation).
B. Discussion or consideration of suspension or expulsion of a student, the cost of whose education is paid from public funds. The student and legal counsel (and parents or guardian if student is a minor) shall be permitted to be present if student, parents or guardian so desire.
C. Discussion or consideration of the condition, acquisition or the use of real or personal property only if premature disclosure would prejudice the bargaining position of the body or agency.
D. Board discussion of labor contracts and proposals and meetings may be held in executive session. (Negotiations between the representatives of a public employer and public employees are closed unless opened by agreement of both parties.)
E. Consultations between a body or agency and its attorney concerning legal rights, pending litigation, and settlement offers, when premature public knowledge would give the Board substantial disadvantage.
F. Discussion of records made, maintained or received by the body or agency, when access by the general public is prohibited by statute.
Legal Reference: 1 MRSA § 405
Cross Reference: BEC - Executive Sessions
Adopted: June 15, 2006
File: BEC
EXECUTIVE SESSIONS
Except as provided by law, all meetings of the MSAD #11 School Board shall be open to the public, and all persons shall be permitted to attend the meetings. The MSAD #11 Board may hold executive sessions upon recorded vote of 3/5 of the members present and voting. Any motion to go into executive session shall indicate the precise nature of the business of the executive session and include a citation of one or more sources of statutory or other authority that permits an executive session for that business. Deliberations may be conducted in executive sessions only on those matters defined in the law. No final action shall be taken in executive session.
By its very nature, the subject matter of executive sessions is highly confidential. It is expected that all parties to such discussions will respect the need for confidentiality.
Legal Reference: 1 MRSA § 401 et seq.
Cross Reference: BE - School Board Meetings
BEC-E - Executive Session Law
Adopted: October 1, 1992
Revised: June 15, 2006
File: BEDA
NOTIFICATION OF BOARD MEETINGS
It shall be the policy of the MSAD #11 Board to announce all meetings publicly. Except in the event of rare emergencies, such announcement will be made by the Superintendent/designee in ample time to allow public attendance and shall be disseminated in a manner reasonably calculated to notify the general public.
Whenever possible, MSAD #11 Board members shall receive notice of special or emergency meetings at least 24 hours in advance. Such notice shall include the date, time, location and purpose of the meeting. The Superintendent/designee shall, whenever practical, notify local representatives of the media by the same or faster means as used to notify MSAD #11 Board members.
Legal Reference: 1 MRSA § 401 et seq.
Cross Reference: BE - School Board Meetings
Adopted: Prior to 1985
Revised: June 1, 1986; January 1, 1990; October 1, 1992; June 15, 2006
File: BEDB
AGENDA PREPARATION AND DISSEMINATION
Agenda Preparation and Dissemination
The Superintendent, in consultation with the Chair and Vice Chair, shall prepare an agenda for each meeting of the MSAD #11 Board. MSAD #11 Board members, school district staff, groups or organizations, and members of the public may submit written requests to the MSAD #11 Board through the Chair or the Superintendent for items to be placed on the agenda. The request must be received a minimum of seven days prior to the meeting at which the group or individual wishes the item to be addressed by the MSAD #11 Board in order for it to be considered for the agenda of that meeting. The Chair, Vice Chair and Superintendent shall make the final decision regarding placement of items on the agenda.
The agenda will be distributed to MSAD #11 Board members, the media, and to designated school-affiliated organizations no later than five days prior to a regular meeting of the MSAD #11 Board and no later than three days (72 hours) prior to a special meeting. Copies of the agenda will be posted and/or available at the Superintendent's Office, in each school, town hall, district website. Anyone desiring additional information regarding an agenda item should direct inquiries to the Office of the Superintendent. Copies of the agenda will also be available at the MSAD #11 Board meeting.
Additions and Adjustments to the Agenda
After the meeting has been called to order, the Superintendent or MSAD #11 Board Chair may recommend additions and/or adjustments to the agenda of a regular meeting or, unless otherwise prohibited by MSAD #11 Board policy, to the agenda of a special meeting.
Any MSAD #11 Board member who wishes to add an item to the agenda may offer a motion to that effect. Such a motion shall require a second to proceed to a vote.
All additions to the agenda must be approved by a majority vote of the members present and voting.
In order to facilitate its business or to accommodate groups in attendance, the MSAD #11 Board may adjust the agenda by changing the order of business. Such adjustments shall require the consent of the MSAD #11 Board by majority vote.
Cross Reference: BE-School Board Meetings
BEDB-R-Agenda Format
Adopted: Prior to 1985
Revised: 6/5/86; 11/1/90; 10/1/92; 4/2/98; 6/15/2006
File: BEDB-R
AGENDA FORMAT
In order to provide reasonable notice of the business to be conducted and to achieve consistency in the order of its meetings, the MSAD #11 Board has adopted the following agenda format for its regular and special meetings. Additions and/or adjustments to the agenda for a particular meeting may be made during that meeting in accordance with MSAD #11 Board policy. The agenda format may be altered only by vote of the MSAD #11 Board and in a manner consistent with its policy adoption process.
[SCHOOL BOARD NAME]
[TYPE OF MEETING]
[DATE]
[TIME]
[PLACE]
I. Introduction
A. Board Members
B. Administrative Staff
C. Pledge of Allegiance
D. Student Council President
E. Reminder of public participation procedures (15 minutes)
II. Review and Approval of Agenda/Minutes
A. Prioritization of items and alternation of the established agenda format sequence as needed
B. Approval of Agenda
C. Approval on minutes of previous meetings:
III. Recognition and Celebrations
IV. Correspondence
V. Committee Reports - Vote
A. Policy Committee
B. Finance Committee
C. Negotiations
D. Long Range Planning Committee
E. Labor Management Meeting-No Meeting
VI. General Information
VII. Old Business
VIII. New Business
IX. Reports-Educational/Administration
X. Nominations-Vote
XI. Adjournment
The order of business may be altered or items added or deleted from the agenda by a majority vote of the Board members present and voting.
Cross Reference: BEDB-Agenda
BEDH-Public Participation at Board Meetings
Adopted: Prior to 1985
Revised: 6/5/86; 11/1/90; 10/1/92; 4/2/98; 6/15/2006; 6/5/2008
File: BEDC
QUORUM
Unless otherwise required by law or MSAD #11 Board policy, a majority of the MSAD #11 Board of Directors in number and voting power shall constitute a quorum for purposes of taking action.
Legal Reference: 20-A MRSA § 1257
Adopted: Prior to 1985
Revised: June 5, 1986; October 1, 1992; June 15, 2006
File: BEDD
RULES OF ORDER
Except as otherwise provided by law, by Maine Department of Education regulations, or by MSAD #11 Board policy, Robert's Rules of Order, Revised (latest edition available) shall be used to resolve procedural uncertainties.
The Superintendent, as Secretary to the Board, shall function as Parliamentarian and advise the Chair and Board, as necessary, regarding parliamentary procedure [or: interpretation of Robert's Rules].
The Chair will rule on all questions pertaining to rules of order/parliamentary procedure that may arise during a meeting of the Board.
The role of the Parliamentarian shall be advisory only.
The Chair will rule on all questions pertaining to rules of order/parliamentary procedure that may arise during a public meeting of the MSAD #11 Board.
Procedural rules may be suspended at any time for the duration of any one meeting by majority vote of the MSAD #11 Board members present.
Adopted: Prior to 1985
Revised: June 5, 1986; November 1, 1990; October 1, 1992; June 15, 2006
File: BEDF
VOTING METHOD
Voting shall ordinarily be by show of hands. Voting shall be done by roll call at the direction of the Chair, or at the request of any MSAD #11 Board member. When voting by roll call, the names of the members shall be called alphabetically, and each member shall respond "Yes" or "No"or "Not Voting". All votes shall be recorded in the minutes.
Maine public officials are obliged to vote openly; thus, secret ballots are not to be used by the MSAD #11 School Board.
A motion shall be declared "Carried" upon the affirmative vote of the majority of the members present, unless otherwise required by law or MSAD #11 Board policy.
Cross Reference: BEDFA -Abstentions
BEDG - Minutes
Adopted: Prior to 1986
Revised: June 5, 1986; October 1, 1992; June 15, 2006
File: BEDFA
ABSTENTIONS
An abstention is a non-expression and cannot be considered a vote in favor of or against a motion.
Each member of a public body has the duty to express a choice or preference by voting on the issues, but can legally abstain from doing so when there is a statutory or ethical conflict of interest. Not to vote is to abstain.
Abstentions are intended for situations where a member may have a direct or indirect pecuniary interest in the matter being voted on.
Legal Reference: 30 MRSA § 2605 et seq.
Cross Reference: BCB - Board Member Conflict of Interest
BEDF - Voting Method
Adopted: June 15, 2006
File: BEDG
MINUTES
The Superintendent, in his/her role as MSAD #11 Board Secretary, shall prepare and maintain accurate minutes of all meetings of the MSAD #11 Board.
The minutes shall reflect the type of meeting (regular, special, or emergency), the date, time, and place of the meeting, and the names of the members present, those absent with excuse (if any), and those absent without excuse (if any).
The minutes shall include, at a minimum: the wording of motions and resolutions; the name of the MSAD #11 Board member making the motion; the name of the MSAD #11 Board member seconding the motion (if a second is required); the action taken; and the vote.
When a MSAD #11 Board member abstains from voting because of a conflict of interest as defined by law, his/her abstention and reason for doing so shall be recorded in the minutes.
Draft (unapproved) minutes of meetings will be distributed to all MSAD #11 Board members prior to the meeting at which they are to be presented for approval. Draft (unapproved) minutes will be made available to the media upon request and may be inspected and copied by members of the public at the Office of the Superintendent.
MSAD #11 Board meeting minutes shall be acted upon by the MSAD #11 Board at its next regular meeting. The MSAD #11 Board’s action on the minutes will be reflected in the minutes of the meeting at which they are approved.
Approved minutes shall be permanently filed in the Office of the Superintendent, where they shall be available to the public for inspection and copying during normal business hours.
Legal Reference: 1 MRSA §§ 402(3), 408
20-A MRSA §§ 1004, 1055
30-A MRSA § 2605
Cross Reference: BBBDA - Board Declared Vacancy Caused by Absenteeism
BEDI - Board Relations with the Media
Adopted: Prior to 1985
Revised: June 5, 1986; November 1, 1990; October 1, 1992; June 15, 2006
File: BEDH
PUBLIC PARTICIPATION AT BOARD MEETINGS
MSAD #11 Board meetings are conducted for the purpose of carrying on the official business of the school system. All regular, special, emergency, and committee meetings of the MSAD #11 Board are open to the public. The public is cordially invited to attend and participate in MSAD #11 Board meetings as provided in this policy.
Although MSAD #11 Board meetings are not public forums, the MSAD #11 Board will provide appropriate opportunities for citizens to express opinions and concerns related to the matters under consideration by the MSAD #11 Board. The intent is to allow a fair and adequate opportunity for the public to be heard and to provide adequate time for the MSAD #11 Board to obtain information and opinion on subjects before it, while ensuring that the time allowed for public discussion does not interfere with the fulfillment of the scheduled agenda.
The MSAD #11 Board may designate and indicate on its agenda for regular meetings a period for public participation. During this time period, members of the public may speak on any subject directly related to the operations of the schools, except for personal matters or complaints concerning specific employees or students, which shall be addressed through established policies and procedures. Speakers must adhere to the guidelines for public participation articulated in this policy.
The MSAD #11 Board will take no action at the same meeting on any issue brought forth by a member of the public. Such issues may be referred to the Superintendent for further study and recommendations to the MSAD #11 Board. Members of the public may request that an item be placed on the MSAD #11 Board's agenda in accordance with policy BEDB.
The MSAD #11 Board may, at its discretion, ask members of the public for comment prior to acting on particular items.
The MSAD #11 Board may allow public participation during special meetings. Any such participation will be limited to the purpose(s) for which the meeting was called.
Members of the public may address the MSAD #11Board within the guidelines provided in this policy. The Chair shall be responsible for maintaining proper order and compliance with these guidelines.
The following guidelines shall apply to public participation at MSAD #11 Board meetings.
A. Citizens and employees of the school district are welcome to participate as provided in this policy. Others may be recognized to speak at the Chair's discretion. Individual employees and/or employee groups will not be permitted to discuss matters for which complaint or grievance procedures are provided.
B. The Chair may limit the time allotted for comments on a particular topic as well as the time each individual may speak.
C. A speaker will not be recognized for a second time on a particular issue unless time remains after all speakers have been heard.
D. The Chair may require persons interested in speaking to sign up so they may be called on in a fair and efficient manner.
E. During the time set aside for public participation, the Chair will be responsible for recognizing all speakers, who must identify themselves as they begin talking.
F. Speakers are not permitted to share gossip, make defamatory comments, or use abusive or vulgar language.
G. All speakers are to address the Chair and direct questions or comments to particular MSAD #11 Board members or the Superintendent only with approval of the Chair. Requests for information or concerns that require further research may be referred to the Superintendent to be addressed at a later time.
H. Members of the MSAD #11Board and the Superintendent may ask questions of any person who addresses the MSAD #11 Board but are expected to refrain from arguing or debating issues. Questions must be addressed through the Chair.
I. No complaints or allegations will be allowed at MSAD #11 Board meetings concerning any person employed by the school system or against particular students.
Personal matters or complaints concerning student or staff issues will not be considered in a public meeting but will be referred through established policies and procedures
J. In order to make efficient use of meeting time, the MSAD #11 Board discourages duplication or repetition of comments to the MSAD #11 Board. The MSAD #11 Board requests that groups or organizations be represented by designated spokespersons.
K. The Chair has the authority to stop any presentation that violates these guidelines or the privacy rights of others.
L. Persons who disrupt the meeting may be asked to leave, and the Chair may request law enforcement assistance as necessary to restore order.
An agenda shall be published in advance of each meeting in accordance with MSAD #11 Board policy. Copies will be posted and/or available prior to regular meetings, at Superintendent's Office, in each school, town hall, website. Anyone desiring additional information about an agenda item should direct such inquiries to the Office of the Superintendent.
Legal Reference: 1 MRSA § 401 et seq.
Cross Reference: BEC Executive Session
BEDA Notification of Board Meetings
BEDB Agenda Preparation and Dissemination
BEDD Rules of Order
KE Public Concerns and Complaints
Adopted: Prior to 1985
Revised: 6/5/86; 11/1/90; 10/1/92; 5/03; 6/15/2006
File: BEDI
BOARD RELATIONS WITH THE MEDIA
The MSAD #11 Board believes that it has a responsibility to keep the public informed about the operations, programs, progress, and problems of the public schools. Consequently, MSAD #11 Board meetings are open to the news media and public. In the event that representatives of the news media are unable to attend a meeting, upon request, the Superintendent shall provide a summary of important MSAD #11 Board actions.
Public documents, as defined by state statute, will be made available as provided by statute and the school unit's procedures. Requests should be made to the Office of the Superintendent.
When individual MSAD #11 Board members receive requests from news media representatives for information or comment, they shall refer such inquiries to the MSAD #11 Board Chair who shall be public spokesperson for the MSAD #11 Board.
Legal Reference: 1 MRSA § 402
Cross Reference: KI - Visitors to the Schools
Adopted: Prior to 1985
Revised: June 5, 1986; October 1, 1992; June 15, 2006
File: BEDJ
BROADCASTING/TAPING OF BOARD MEETINGS
The following guidelines will govern the public use of recording devices at the public meetings of the MSAD #11 Board of Directors and subcommittees of the school unit.
Any recording device may be used by members of the public so long as it does not:
A. Require the use of power cords and microphone cords that would interfere with the free movement of traffic into, out of, and within the meeting room;
B. Produce continuous or periodic sounds that interfere with speakers or with the ability of all persons present to hear the proceedings;
C. Require the occasional or frequent relocation of a microphone or microphones in such a manner as to be disruptive to speakers or other persons present; and/or;
D. Require excessive space in the meeting room so that any participants or observers at the meeting are displaced, excluded or cannot see because of the device.
Whenever a tape or film recording is to be made of a meeting or any part thereof, the person making the tape or film shall first notify the MSAD #11 Board Chair or the person conducting the meeting. The Chair will announce at the meeting that a member of the public is recording the meeting.
The Chair has the authority to request the operator to comply with the provisions of this policy when, in his/her judgment, the activity is interfering with the orderly conduct of the meeting and/or the ability of the public to observe the proceedings. If the problem persists, the Chair may direct that the recording be discontinued and, if necessary, that the recording device be removed from the meeting room.
Adopted: October 1, 1992
Revised: June 15, 2006
M.S.A.D. #11
File: BG-R
POLICY ADOPTION PROCESS
The following procedure shall be used to adopt, review, revise or delete M.S.A D. #11 Board policies:
A. The Policy Committee is charged with reviewing and recommending all policies/policy changes to be considered by the MSAD #11 Board.
1. Individual MSAD #11 Board members, other standing committees, the Superintendent, or other interested party should submit policy suggestions and concerns to the Policy Committee.
2. The Policy Committee, together with the Superintendent, shall have the responsibility to review and research each suggestion in accordance with MSAD #11 Board policies, prepare draft policies as appropriate, and make recommendations to the entire MSAD #11 Board.
Any MSAD #11 Board member may request that consideration of the adoption, revision, or deletion of a policy be placed on the agenda of any regular meeting if the Policy Committee, after having had full opportunity to consider the member's submitted suggestion, fails to recommend action satisfactory to the member.
3. At an appropriate stage in the process, the Policy Committee shall contact the representative teacher organization to meet and consult regarding any proposed new or changed educational policy.
To the fullest extent practical, the Policy Committee shall also discuss the proposal with other groups affected by the policy.
B. Upon recommendation by the Policy Committee, the first reading of a new policy, revision or deletion of policy shall be placed on the agenda of a regular MSAD #11 Board meeting. MSAD #11 Board members shall receive the policy and recommendations in advance of the meeting date. Discussion may take place on the substance of the policy proposal, and a formal vote shall be held to acknowledge the first reading of the policy. Any changes to the policy agreed to by consensus or formally adopted amendment shall be made prior to the second reading.
C. At a subsequent regular meeting, more than two weeks and less than eight weeks after the first reading, the policy shall be placed on the agenda for second reading and action. Amendments may be introduced and acted upon. If a main motion to approve the policy is not passed at such a meeting by a majority vote of the whole MSAD #11 Board, the process for that policy is ended.
However, if appropriate, further consideration of the policy may be tabled to a specific date.
D. Immediately upon approval, policies/revisions/deletions shall be disseminated. Policies deleted and changed shall be recalled. The Superintendent/designee shall ensure that all policy manuals are kept up-to-date.
E. All policy manuals distributed to MSAD #11 Board members, administrators, and others shall remain the property of M.S.A D. #11.
They are subject to recall at any time deemed necessary for the purpose of updating.
Legal Reference: 26 MRSA § 965(1)(C)
Cross Reference: BG - School Board Policy Process
CHD - Administration in the Absence of Policy
Adopted: Prior to 1985
Revised: June 5, 1986; November 1, 1990; October 1, 1992; June 15, 2006
File: BG
SCHOOL BOARD POLICY PROCESS
The M.S.A D. #11 Board of Directors considers policy development essential to its governance of the District.
It is the intent of the MSAD #11 Board to develop written policies to serve as the framework for the successful and efficient functioning of the school district.
The MSAD #11 Board accepts the definition of policy set forth by the National School Boards Association:
MSAD #11 School Board policies are statements that set forth the purposes and prescribe in general terms the organization and program of a school system. They create a framework within which the Superintendent and the staff can discharge their assigned duties with positive direction. They tell what is wanted. They may also indicate why and how much. Policies should define clearly the goals and objectives of the school system, allow for the flexibility that is vital in day-to-day operations, reflect the board's vision, define roles and responsibilities (who is supposed to do what), and include measurable outcomes.
It is the MSAD #11 Board's intention that its policies serve as sources of information and guidance and direction for people who are interested in or connected with the schools.
The policies of the school district are framed and are meant to be interpreted in terms of federal and state statutes, rules of the State Board of Education and Department of Education and other regulatory agencies within the local, county, state and federal government. The policies are also framed and are meant to be interpreted in terms of those educational objectives, procedures and practices which are broadly accepted by leaders and authorities in the public education field.
Changes in needs, conditions, purposes and objectives will require revisions, deletions and additions to the policies of the current MSAD #11 School Board and those of the future. The MSAD #11 Board will welcome suggestions for ongoing policy development.
The development of draft policies shall be the responsibility of the Superintendent.
Action on MSAD #11 Board policy proposals will be taken by the MSAD #11 Board.
Cross Reference: BG-R - Policy Adoption Procedure
Adopted: Prior to 1985
Revised: June 5, 1986; November 1, 1990; October 1, 1992; June 15, 2006
File: BEDL
ADJOURNMENT OF BOARD MEETINGS
Meetings of the MSAD #11 School Board shall be adjourned at 10:00 p.m. except when a motion to continue past this hour has been carried by a two-thirds (2/3) vote of the MSAD #11 Board members in attendance. It is also intended that a topic started before the 10:00 p.m. curfew may be continued beyond that point.
Adopted: October 1, 1992
Revised: June 15, 2006
File: BCC
NEPOTISM
It shall be the policy of the MSAD #11 Board not to employ personnel to the staff of the school unit when the candidate is a member of the immediate family of a MSAD #11 board member or of the Superintendent. Immediate family, except spouses, employed by the school unit as of the original date of policy adoption, will be excluded from this policy.
No person shall be employed in a position that is within the jurisdiction of an administrative officer who is a member of the immediate family of such person, nor shall any person be employed in a position where a member of the immediate family is responsible, in whole or in part, for the supervision and/or evaluation of the employee.
Whenever a member of the immediate family of any employee is hired, the MSAD #11 Board shall be notified of the relationship.
The MSAD #11 Board may approve an exception to this policy where the MSAD #11 Board determines that granting of such exception is in the best interest of the school system.
For the purpose of this section, the following definitions shall apply.
A. “Administrative Officer” shall mean any person who holds a supervisory position of principal or higher rank.
B. “Member of immediate family” shall mean spouse, brother, sister, parent, son or daughter.
Legal Reference: 20-A MRSA § 1002
Adopted: October 1, 1992
Revised: April 2, 1998; June 15, 2006
File: BGBA
EMERGENCY POLICY ADOPTION
On matters of unusual urgency, the MSAD #11 Board may waive the two regular board meeting limitation and take immediate action to adopt new or to revise existing policies. When such immediate action is necessary, the superintendent shall inform concerned groups or individuals about the reasons for this necessity.
Adopted: PRIOR TO 1985
Revised: JUNE 5, 1986; OCTOBER 1, 1992; June 15, 2006
MSAD #ll
File: BHC
BOARD COMMUNICATIONS WITH STAFF
A clear understanding of responsibilities and relationships between and among the MSAD #11 Board and school personnel is essential for a smoothly running and efficient school system. It should be remembered that the MSAD #11 Board, school administrators, teachers and all others responsible for any phase of the work of the school system have a common and basic responsibility - the welfare of the children in the schools. This responsibility must guide all of the MSAD #11 Board's considerations and decisions.
Board and Superintendent
The relationship of the MSAD #11 Board and the Superintendent can best be described as one of teamwork. They must function cooperatively as some of their functions are not readily separable. However, the primary functions are separable and should be clearly understood by each. The MSAD #11 Board is the legislative body of the school unit district. It exercises its mandated management of the schools through the formation of policies.
The Superintendent is the executive officer of the Board and the chief administrative officer. The MSAD #11 Board recognizes this and wishes to make this clear to all staff members and to all citizens.
All communications or reports to the MSAD #11 Board, or to any committee of the MSAD #11 Board, from Principals, supervisors, teachers, or other employees shall be submitted through the Superintendent.
Board and Principal
The School Principal has no direct administrative relations with the MSAD #11 Board. His/her relations to the MSAD #11 Board are through the Superintendent, for the Board recognizes that the Superintendent is the person to whom it must look for professional leadership within the schools. A spirit of cooperation and mutual helpfulness must prevail between the Superintendent and the Principal if the best results are to be realized. For instance, the Principal and the Superintendent must cooperate in the selection of school staff because the Principal is in the best position to know the kind of person needed for a particular type of service in the school. However, the Principal must make recommendations to the Superintendent and not to the MSAD #11 Board. At all times the Principal must remember that all matters which require Board action must be presented to the MSAD #11 Board by the Superintendent.
Board and Teachers
The relationship of the teacher to the MSAD #11 Board is indirect. The teacher is directly responsible to the Principal and through him/her to the Superintendent, and then to the Board. However, this does not mean that the teacher does not have access to the Superintendent or to the MSAD #11 Board. Conditions may arise when direct access may be obtained through channels established for grievances.
Adopted: June 15, 2006
File: BIA
NEW BOARD MEMBER ORIENTATION
In order that newly elected MSAD #11 Board members may cast informed votes and function effectively as board members, the MSAD #11 Board and Superintendent will extend to them the fullest measures of courtesy and cooperation, and will make every reasonable effort to assist newly elected MSAD #11 Board members (OR: members-elect) in understanding the Board’s functions, policies, procedures and current issues.
A. In the interim between a new member’s election or appointment and his/her
assuming office, the MSAD #11 Board, through the Superintendent, will invite newly elected members (OR: members-elect) to attend meetings, except those held in executive session, and provide newly elected members (OR: members-elect) with agenda, minutes and reports applicable to those meetings. During the time between election or appointment and the assumption of office, the status of the future-member remains that of a private citizen and not that of an elected or appointment official.
B. The MSAD #11 Board through the Superintendent, will provide new members
with copies of appropriate publications, such as the MSAD #11 Board policy manual, student handbook(s), collective bargaining agreements, and current budget documents.
C. The MSAD #11 Board Chair or Superintendent will remind MSAD #11 Board
Members of their obligation to complete, not later than the 120th day after the date of taking the oath of office, training on the requirements of Maine’s Freedom of Access Law. The Chair or Superintendent will provide MSAD #11 Board members with information regarding available training options. Each MSAD #11 Board member shall attest by means of a written or electronic record that he/she has completed the training and provide a copy of such record to the Superintendent’s Office. To facilitate documentation of training, the Superintendent will make available to MSAD #11 Board members copies of the State’s sample Certification of Completion of Access Training form.
D. The MSAD #11 Board will encourage new members to attend appropriate in-district
and out-of-district orientation and/or boardsmanship workshops. Reimbursement
for such activities must be approved in advance by the MSAD #11 Board Chair, in
consultation with the Superintendent, and is subject to the availability of funds.
E. The MSAD #11 Chair and Superintendent will schedule and arrange for an
orientation session for new MSAD #11 Board members as soon as practicable
after election or appointment. A reasonable amount of time will be provided for
discussion of:
1. The roles and responsibilities of the MSAD #11 Board and individual members;
2. Basic operational procedures of the MSAD #11 Board;
3. Placement of items on the agenda;
4. The role of committees, subcommittees and advisory committees;
5. How and why executive sessions may be held;
6. What is considered confidential or privileged information;
7. Appropriate responses of an individual member when a request or complaint
is made directly to him/her by a student, parent or member of the community;
8. How the MSAD #11 Board responds to complaints involving personnel;
9. General information about the school system and its resources;
10. How MSAD #11 Board members, in fulfilling their duties, may request
information concerning schools and District operations, finances and personnel;
11. How MSAD #11 Board members may make arrangements to visit schools and
the protocol for such visits;
12. Protocol for dealing with the media; and
13. Other relevant topics.
All MSAD #11 Board members will be invited to the orientation session and encouraged to attend. The orientation is intended to serve as a useful review of basic boardsmanship concepts for experienced members, as well as an opportunity to provide information and counsel to new MSAD #11 Board members.
Legal reference: 1 MRSA § 412
Cross reference: BIC – Board Member Freedom of Access Law Training
Adopted: November 6, 2008
Page 2 of 2
File: BIB
MSAD #11 BOARD MEMBER DEVELOPMENT OPPORTUNITIES
Recognizing the value of continuous and life-long learning, the MSAD #11 School Board places a high priority on the development of its members' "boardsmanship" skills and on supporting opportunities for in-service education. The purpose of board development is to enhance the quality of education in the school district and the effectiveness of school district governance.
MSAD #11 Board members need to be well informed and to expand their knowledge of trends and issues affecting education and school governance. In addition, MSAD #11 Board members need to develop and reinforce the skills required for effective policy-making, budget planning and communications.
MSAD #11 Board members are encouraged to participate in district-sponsored training sessions and/or workshops and in school board or related conferences, seminars, workshops and conventions sponsored by the Maine School Boards Association, the Maine School Management Association, the National School Boards Association and other recognized leaders in education. MSAD #11 Board members are also encouraged to be active in leadership opportunities that may be available within regional, state and national associations.
Adequate funds shall be budgeted annually to support MSAD #11 Board member development, including participation at meetings, subscriptions to publications that address the concerns of MSAD #11 Board members and memberships in school boards associations.
Upon MSAD #11 Board approval and within budgetary limitations, reimbursement for travel and necessary expenses will be provided to individual members for activities related to MSAD #11 Board development. The MSAD #11 Board, on a case-by-case basis, will determine the number of MSAD #11 Board members authorized to attend specific meetings, conferences, conventions or other events at the school district's expense, as warranted by budgetary limitations. MSAD #11 Board members may use their own discretion regarding attendance at meetings, conferences, conventions or other events where reimbursement will not be provided by the school district.
At a MSAD #11 Board meeting subsequent to attendance at an educational event, members are encouraged to report briefly to the MSAD #11 Board and to the public to share knowledge gained and thoughts on implications for local school governance. MSAD #11 Board members are also encouraged to study and share with the Board and Superintendent materials of interest they have collected.
Adopted: Prior to 1985
Revised: June 5, 1986; October 1, 1992; June 15, 2006
File: BIC
BOARD MEMBER FREEDOM OF ACCESS LAW TRAINING
In accordance with Maine law, beginning July 1, 2008, every MSAD #11 Board member must complete a course of training on the requirements of Maine’s Freedom of Access law as it relates to public records and proceedings not later than the 120th day after the date he/she takes the oath of office to assume his/her duties as an elected official. MSAD #11 Board members serving in office on July 1, 2008, must complete the training by November 1, 2008. Freedom of Access training must be repeated within 120 days of taking the oath of office each time a MSAD #11 Board member is elected to serve a new term.
At a minimum, the training course must include instruction in:
A. The general legal requirements of the Freedom of Access law regarding
Public records and public proceedings;
B. Procedures and requirements regarding complying with a request for a public
Record under the Freedom of Access law; and
C. Penalties and other consequences for failure to comply with the Freedom of
Access law.
A MSAD #11 Board member may meet the training requirement by conducting a thorough review of all the information made available by the State of Maine on the Frequently Asked Questions portion of its Freedom of Access website, or by completing any other training course that includes all of this information.
Each MSAD #11 Board member shall attest by means of a written or electronic record that he/she has completed the training and provide a copy of such record to the Superintendent’s Office. To facilitate documentation of training, the Superintendent will make available to MSAD #11 Board members copies of the State’s sample Certificate of Completion of Freedom of Access Training form.
[NOTE: The obligation to complete training is on the individual MSAD #11 Board member. 1 MRSA § 412(3) states, “The elected official shall keep the record or file it with the public entity to which the official was elected.” The law does not specifically require the MSAD #11 Board to collect documentation from MSAD #11 Board Members. However, MSMA recommends that training documentation be maintained at the Superintendent’s Office for ease of complying with “right to know” requests.]
Although 1 MRSA § 411(6)(D) states that the Right to Know Advisory Committee “shall recommend a process for collecting the training completion records required…and for making that information publicly available,” there is no process in place yet to enable the State to monitor compliance, nor are there any provisions in law providing consequences for a public official’s noncompliance with the training mandate.]
Legal Reference: 1 MRSA §§ 411, 412
Cross Reference: BID/New Board Member Orientation
KDB/Public’s Right to Know/Freedom of Access
Adopted: November 6, 2008
File: BIC-E
CERTIFICATION OF COMPLETION OF FREEDOM OF ACCESS TRAINING REQUIRED BY 1 MRSA § 412
I, ______________________________________________, hereby certify that I have met the
(Name of elected official)
Training requirements set forth in MRSA § 412 on ______________________________ by
(Date of training)
Completing the following training.
A thorough review of all of the information made available on the Frequently
Asked Questions portion of the State Freedom of Access website,
www.maine.gov/foaa/faq
Another training course that includes this information, identified as follows:
___________________________________________________________________________
(Title of course)
___________________________________________________________________________
(Name of course provider)
Dated this ______day of _______________________, 2008.
___________________________________________________________
(Signature)
____________________________________________________________
(Printed name)
____________________________________________________________
(Elected office)
NOTE: Training must be completed within 120 days after an elected official takes the
Oath of office or, for elected officials serving in office on July 1, 2008 by
Adopted: November 1, 2008.
File: BID
BOA