Bylaw 9310 - Board Policies/Bylaws/Rules

Board Policies/Bylaws/Rules

The Board of Education shall adopt written policies to convey its expectations for actions that will be taken in the district, clarify roles and responsibilities of the Board and Superintendent, and communicate Board philosophy and positions to the students, staff, parents/guardians and the community.

The Board recognizes the importance of electronically maintaining policies that are up to date and reflect the mandates of law. Board policies are binding on the district to the extent that they do not conflict with federal or state law and consistent with the district’s collective bargaining agreements. No Board policy, bylaw, or rule, or any portion thereof, shall be operative if it is found to be in conflict with applicable federal or state law or regulations or court decisions. If any portion of a policy is found to be invalid, that invalidity shall not affect other provision of the policy.

The Board shall ensure that district policies align with the district’s vision and goals, promote student learning and achievement, provide for consistent and fair treatment of students and staff, and address the provision of equal access to opportunities for all students.

Policies shall be regularly reviewed at a time allocated for this purpose on the agenda of public Board meetings. Administration will report to the Board on changes to rules.

The Board shall review certain policies annually, as required by Education Code 35160.5. If no revisions are deemed necessary, the Board minutes shall nevertheless indicate that the review was conducted. Other policies shall be monitored and reviewed as specified in the policy itself or as needed to reflect changes in law or district circumstances.

Policy Development and Adoption Process
The district’s policy development process shall include the following basic steps:

1. The Board and/or Superintendent or designee shall identify the need for a new policy or revision of an existing policy. The need may arise from a change in law, a new district vision statement or goals, new goals in the local control and accountability plan, educational research or trends, or a change in the superintendency or Board membership. The need may also occur as a result of an incident that has arisen in the district or a recommendation or request from staff, a parent/guardian, or other interested persons.
    
2. As needed, the Superintendent or designee shall gather fiscal and other data, staff and public input, related district policies, sample policies from the California School Boards Association or other organizations or agencies, and other useful information and data to fully inform the Board about a particular issue.
    
3. The Board may hold discussions during a public Board meeting to gain an understanding of the issue and provide initial direction to the Superintendent or designee. The discussion may include, but not be limited to, community expectations, staff recommendations, and the expected impact of the policy on student learning and well-being, equity, governance, and the district’s fiscal resources and operational efficiency.
    
4. The Board or Superintendent may request that legal counsel review the draft policy as appropriate.
    
5. The Superintendent or designee shall develop and present a draft policy for a first reading at a public Board meeting. At its second reading, the Board may take action on the proposed policy. The Board may waive the second reading or may require an additional reading if necessary.
    
6. When policies are amended, the Superintendent or designee shall review corresponding rules to ensure that they conform to the intent of the revised policy. Rules do not require adoption by the Board. The Superintendent or designee will report to the Board on changes made to rules.

Only policies formally adopted by a majority vote of the Board shall constitute official Board policy.

The district’s policy development process may be revised or expanded as needed based on the issue being considered, the need for more information, or the desire to provide greater opportunities for consultation and public input.

Policies shall become effective upon Board adoption or at a future date designated by the Board at the time of adoption.

Board Bylaws
The Board shall prescribe and enforce rules for its own governance consistent with state law and regulations.

Bylaws governing Board operations may be developed, adopted, and amended following the same procedures as those used for the adoption or amendment of Board policy.

Rules
The Superintendent or designee shall be responsible for developing and enforcing rules for the operation of the district. Rules shall be consistent with law and Board policy and shall be designed to promote the achievement of district goals and objectives. Rules may describe specific actions to be taken, roles and responsibilities of staff, timelines, and/or other provisions. The Superintendent or designee may also develop procedures manuals, handbooks, or other guides to carry out the intent of Board policy.

When Board policies are amended, the Superintendent or designee shall review corresponding rules to ensure that they conform to the intent of the revised policy. In case of conflict between rules and Board policy, policy shall prevail.

The Board may review and/or approve rules for the purpose of ensuring conformity with the intent of Board policy.

Monitoring and Evaluation
At any time, the Board and Superintendent or designee may determine that progress reports to the Board on the implementation and/or effectiveness of the policy should be scheduled. If so, the Board and Superintendent or designee shall agree upon a timeline and, as applicable, measures for evaluating the effectiveness of the policy in achieving its purpose.

Access to Policies
The Superintendent or designee shall ensure that all district employees and the public have access to up-to-date district policies.  The policies shall be maintained electronically.

As necessary, the Superintendent or designee shall notify staff, parents/guardians, students, and other stakeholders whenever a policy that affects them is adopted or revised.  The Superintendent or designee may determine the appropriate communications strategy depending on the issue.