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: BBAB
MSAD #11 SCHOOL BOARD SELF-EVALUATION
As an elected body, the MSAD #11 Board is accountable to the public for the education of its children and the stewardship of the school district’s resources. The MSAD #11 Board recognizes that in order to be most effective in its governance role, it should continuously monitor and evaluate its own performance, processes, and practices. The MSAD #11 Board believes that periodic self-evaluation is essential to improved leadership, support of student achievement, and the attainment of the school district’s vision and goals.
The MSAD #11 Board will annually conduct a self-evaluation at a scheduled time and place. The MSAD #11 Board encourages all of its members to attend. MSAD #11 Board will strive to not take up any other business at this session. Consistent with the Freedom of Access Act, the MSAD #11 Board’s self-evaluation will be held in open session. The Superintendent is expected to participate in the process.
During self-evaluation, the MSAD #11 Board will evaluate itself as a whole. The self-evaluation should emphasize areas of strength as well as those identified for improvement. MSAD #11 Board members are encouraged to use the evaluation process as an opportunity to assess their own personal performance.
The MSAD #11 Board will determine the areas of competence and/or MSAD #11 Board responsibilities and relationships that will be used as the basis for the self-evaluation. The MSAD #11 Board will select an evaluation method or instrument that will include a reasonable number of criteria or performance indicators by which to appraise the MSAD #11 Board’s functioning and effectiveness. The MSAD #11 Board may also identify specific topics for discussion that are related to its meeting processes, communications, MSAD #11 Board-Superintendent relations, and “boardsmanship” skills.
The MSAD #11 Board may seek the assistance of the Superintendent in identifying standards for assessment and topics for discussion and/or in selecting an evaluation method or instrument that meets its needs.
If a self-evaluation instrument/form is used, a composite profile of responses may be tabulated to provide a more detailed analysis of MSAD #11 Board performance. As no single instrument or form may encompass all of the MSAD #11 Board’s responsibility or sufficiently address the relationship between responsibilities, the MSAD #11 Board need not limit itself to those items that appear on the instrument or form, but should use it as means of structuring and stimulating MSAD #11 Board discussion.
A different method or instrument may be used from year to year, but must be agreed upon by a majority of the MSAD #11 Board.
The areas of MSAD #11 Board responsibility and relationships that may be appropriate to consider during the self-evaluation may include but are not limited to:
A. MSAD #11 Board “visioning,” strategic planning, and long-range planning skills and processes;
B. MSAD #11 Board meeting management, conduct, and decision-making processes;
C. Policy development and implementation;
D. Fiscal oversight and resource allocation;
E. Oversight of curriculum and instruction;
F. Monitoring of student achievement;
G. MSAD #11 Board subcommittee structure, responsibilities, and processes;
H. MSAD #11 Board member development;
I. New MSAD #11Board member orientation;
J. MSAD #11 Board-Superintendent relations;
K. MSAD #11 Board-community relations and communications;
L. MSAD #11 Board relations with the media; and
M. MSAD #11 Board legislative involvement and advocacy.
Following a discussion of the evaluation results [OR: discussion of identified topics], the MSAD #11 Board will establish priorities and objectives for the following year’s self-evaluation.
The MSAD #11 Board may, as desired, schedule interim self-evaluation sessions to assess progress toward achieving identified priorities and objectives.
Adopted: April 2, 2009
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
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: 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: BDA
BOARD ORGANIZATIONAL MEETING
Reorganization shall be effected at the first regular RSU #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 RSU #11 Board. Removal prior to the next organizational meeting shall require a 2/3 vote of the whole RSU #11 Board.
The RSU #11 Board Chair shall appoint, at the next regular meeting of the RSU #11 Board following his/her election or prior to that meeting, five members to each of the RSU #11 Board’s standing committees (Curriculum, Policy/Personnel, Finance/Facilities, Negotiations). A member may request reassignment to another standing committee.
The Chair shall also appoint to any advisory committees members of the RSU #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 RSU #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, 3/1/2012
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
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 unit 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 six members and a quorum for a committee meeting will be three (3) 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 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 #11Board 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, if not an appointed member of the Committee.
Authorization/Appointment of Standing Committees
The MSAD #11 Board shall have the following standing committees:
Policy & Personnel
Finance & Facilities
Negotiations
Curriculum
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; 6/4/2009; 12/3/2009; 6/2/2011
File: BDE-R
BOARD COMMITTEES & STANDING COMMITTEE OPERATING PROCEDURES
Policy & Personnel
Any and all questions of District policy and revisions of District policy shall be referred to the Policy & Personnel Committee. Review of the District policy manual shall be conducted by the Committee periodically for the purpose of updating the manual. The Policy and Personnel Committee shall perform such other duties as may be assigned to it from time to time. The Policy & Personnel Committee shall make recommendations to the full MSAD #11 Board if appropriate.
Finance & Facilities
The responsibility of the Finance & Facilities Committee shall be to oversee the financial status of the school system as defined by the following: (1) the promotion and review of the District budget development process, (2) the quarterly review of the status of the District operating budget, and (3) all matters pertaining to District facilities, finance, and the auditing of bills. A majority of this Committee shall inspect and sign all warrants for expenditure. The Finance & Facilities Committee shall be responsible for the development of a Facilities plan to annually review the plan.
The Finance & Facilities Committee shall perform such other duties as may be assigned to it from time to time. The Finance & Facilities Committee shall make recommendations to the full
MSAD #11 Board if appropriate
Negotiations
It shall be the responsibility of this Committee to conduct, on behalf of the MSAD #11 Board, the negotiations of salary, fringe benefits and working conditions contracts with all recognized bargaining units within MSAD #11. This Committee may, as conditions warrant, recommend the hiring of an outside negotiator to assist with specific phases of the collective bargaining process. All proposed contracts negotiated are to come before the full MSAD #11 Board for approval.
The Negotiations Committee shall perform such other duties as may be assigned to it from time to time. The Negotiations Committee shall make recommendations to the full MSAD #11 Board if appropriate.
Curriculum
All matters pertaining to future educational programming needs of MSAD #11 shall be referred to this Committee. The Committee will have primary responsibility for assessing accomplishment of Board priority goals and objectives related to the PK-12 curriculum, student assessment/reporting, and teaching and learning needs and studying and recommending textbook usage and new courses. The Committee will annually review enrollment projections.
The Curriculum Committee shall perform such other duties as may be assigned to it from time to time. The Curriculum Committee shall make recommendations to the full MSAD #11 Board if appropriate.
Long Range Planning
The Long Range Planning Committee shall be made up of the chairs of each of the standing committees and will be charged with assessing accomplishment of Board goals and the development and ongoing maintenance of a strategic plan for the district. All issues pertaining to the strategic plan or issues that are future-state will be the responsibility of the Long Range Planning Committee.
The Long Range Planning Committee shall perform such other duties as may be assigned to it from time to time. The Long Range Planning Committee shall make recommendations to the full MSAD #11 Board if appropriate.
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, as provided in Policy BDE, Paragraph J.
G. In the event 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: NOVEMBER 1, 1990
Revised: OCTOBER 1, 1992; June 15, 2006; June 4, 2009; December 3, 2009; June 2, 2011
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
Adopted: Prior to 1985
Revised: 6/5/86; 11/1/90; 10/1/92; 4/2/98; 6/15/2006
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 MSAD #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, and members of the public may submit policy suggestions and concerns directly to the Policy Committee. Policy suggestions that are submitted to [OR: received by] the MSAD #11 Board Chair or the Superintendent will be forwarded to the Policy Committee. School district employees should follow any and all applicable administrative procedures and/or collective bargaining agreement provisions for submitting policy suggestions.
2. The Policy Committee, together with the Superintendent, shall have the responsibility to review and research each suggestion for new policies and policy changes. The Policy Committee may seek or ask the Superintendent to provide information such as, but not limited to, the specific need for the policy; the fiscal consequences of the proposed policy; the potential effect of the policy on the instructional program, staff, students and the community; samples of policies on the same or similar subjects; applicable provisions of state and/or federal law and regulations; and the anticipated costs and benefits of implementing, enforcing and monitoring the proposed policy.
3. The Policy Committee may prepare draft policies or delegate the drafting of all or individual policies to the Superintendent
4. At an appropriate stage in the process, the Superintendent, on behalf of the Policy Committee and the MSAD #11 Board, shall notify the bargaining agent for MSAD #11 teachers of any proposed new educational policy or proposed modification of any existing educational policy.
The Policy Committee may also seek input or discuss the proposal with other groups affected by the policy.
5. The Policy Committee will make reports to the MSAD #11 Board regarding its activities and the status of policy development.
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, supporting material, if appropriate, and any written recommendations in advance of the meeting date.
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 members present and voting, the process for that policy is ended unless the MSAD #11 Board, by vote, takes action to table further consideration of the policy or otherwise dispose of the policy (e.g., refer it back to the Policy Committee for further research)..
D. The Superintendent will be responsible for making new and revised policies available to MSAD #11 Board members, school district personnel, students and the public by sending copies to the schools, updating the school district’s website and/or other appropriate means as soon as practicable following adoption. MSAD #11 Board members should update their policy manuals when they receive copies of new or revised policies or notifications of deletions.
E. The Superintendent shall provide each MSAD #11 Board member with a policy manual, in print, on a CD, and/or by other means, as specified the MSAD #11 Board. If MSAD #11 Board members access to the policy manual
will be online, the Superintendent will provide each MSAD #11 Board member with instructions for accessing it. The Superintendent/designee may periodically recall all policy manuals for administrative updating to ensure that the content of all MSAD #11 Board manuals is current and consistent.
Legal Reference: 26 MRSA § 965(1)(C)
Cross Reference: BEDB – Agenda Preparation and Dissemination
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; March 3, 2011
File: BG
SCHOOL BOARD POLICY PROCESS
The MSAD #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.
The MSAD #11 Board’s policies are framed and meant to be interpreted in terms of federal laws and regulations, state statutes and the rules of the Maine Department of Education, State Board of Education, and other regulatory agencies at various levels of government. The MSAD #11 Board’s policies are also intended to reflect the MSAD #11 Board’s educational philosophy and instructional objectives and practices and procedures that are supported by research and generally accepted by leaders and authorities in the field of public education.
It is the MSAD #11 Board’s intent that its policies set goals and provide direction and guidance for
administrators, staff, and students and serve as sources of information for parents, community members and others who are interested in or connected with the schools.
The MSAD #11 Board regards policy development and review as an ongoing process. The need for a new policy or revision or deletion of an existing policy may arise from a change in law and/or regulations, modification of the school district’s vision or goals, educational research or trends, the occurrence of a significant incident or a recommendation or request from MSAD #11 Board members, school administrators, staff, parents, students or other interested persons.
Adoption of new or revised policies and repeal of existing policies is solely the responsibility of the MSAD#11 Board. Policies will be adopted, amended or repealed only by the affirmative vote of a majority of members present and voting.
Policies shall become effective upon MSAD #11 Board adoption or at a future date designed by the MSAD #11 Board at the time of adoption.
The Superintendent/designee will be responsible for distributing new or revised policies to MSAD #11 Board members and for making policies accessible to school personnel, students and the public.
Legal Reference: 20-A MRSA § 1001 (1)(A)
Cross Reference: BEDF- Voting Method
BG-R – Policy Adoption Procedure
Adopted: Prior to 1985
Revised: June 5, 1986; November 1, 1990; October 1, 1992; June 15, 2006; March 3, 2011
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: 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: BGCC
EMPLOYEE USE OF CELL PHONES
The purpose of this policy is to address employee use of cell phones and other electronic communication devices (except laptops), whether school district owned or personally owned, including those that send or receive text messages, allow retrieval or sending of email or provide Internet access.
The MSAD #11 Board recognizes that the use of cell phones and other electronic communication devices may be appropriate to the efficient operations of the school district and help to ensure the safety of students and staff and the security of school district property.
School district employees may not use cell phones or electronic communication devices, whether school district owned or personally owned, for non-school related business while they are engaged in instruction or supervision of students or of a school sponsored activity, or in any other manner that interferes with attending to and/or carrying out their job responsibilities. Employees are free to use their personal cell phones and other electronic communication devices during off-duty, lunch or break times.
Use of cell phones and electronic communication devices, whether school district owned or personally owned, in a manner that violates MSAD #11 Board policies, administrative procedures and/or state or federal laws will result in discipline and referral to law enforcement officials, as appropriate. School administrators may confiscate and search a device when there is reasonable suspicion that an employee has violated this policy and that the device contains evidence of the violation.
In the interest of safety, school district employees are prohibited from using hand-held cell phones and electronic communications devices while driving MSAD #11 owned motor vehicles, whether transporting students, other staff or driving alone. School district employees are also prohibited from using hand-held cell phones and electronic communications devices while transporting students in private vehicles.
MSAD #11 may provide cell phones or other electronic communication devices to some employees to assist them in carrying out their employment-related duties on or off school property. The Superintendent/designee shall have the discretion as to which employees will be provided school district owned cell phones and other electronic communication devices, based upon need and availability.
School district owned cell phones and other electronic communications devices are to be used for school-related business purposes and are not intended for personal use except in emergencies involving employee health or safety. Employees have no expectation of privacy in their use of school district owned cell phones/electronic communications devices or the information stored on them.
SCHOOL BUS DRIVERS
Employees operating a school bus or other school district vehicle transporting students are prohibited from operating the vehicle while using a cell phone or other electronic communications device, whether personally owned or issued by the school district, except during an emergency situation or to call for assistance in the event of a mechanical breakdown or other mechanical problem, and then only when the vehicle is stopped or parked.
Adopted: March 3, 2011
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
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
BOARD MEMBER COMPENSATION AND EXPENSES
A stipend of $25.00 per Regular Board and $15.00 for Bimonthly and Special Board meetings for each MSAD #11 Board member is authorized. This payment will be made for attendance at all regular meetings and for attendance at special meetings when minutes are prepared and subsequently accepted. For the school board members serving on the school board's Negotiations Committee, a stipend of $250.00 will be paid annually, when staff contracts are negotiated.
Legal Reference: 20-A MRSA § 1251(4)
Adopted: Prior to 1985
Revised: June 5, 1986; October 1, 1992; June 15, 2006
File: BIE
BOARD MEMBER INSURANCE/LIABILITY
The Board of Directors of MSAD #ll shall instruct the superintendent to secure a liability insurance policy covering the board collectively and individually against any and all claims for liability.
Cross Reference: EIB - LIABILITY INSURANCE
EIBA - LIABILITY PROTECTION
Adopted: PRIOR TO 1985
Revised: JUNE 5, 1986; OCTOBER 1, 1992; June 15, 2006
File: BK
SCHOOL BOARD MEMBERSHIPS
The Board of Directors of MSAD #ll shall belong to the Maine School Boards Association and shall pay any and all required dues.
Adopted: PRIOR TO 1985
Revised: JUNE 5, 1986; OCTOBER 1, 1992; JUNE 15, 2006