CHAPTER 2

SCHOOL BOARD GOVERNANCE AND OPERATIONS

SECTION 2.0 - NATURE OF THE SCHOOL BOARD

The County School Board is a public body corporate vested with all legal rights and responsibilities set forth in the Code of Virginia.  Because the Board is a corporate body individual members possess no authority except when acting with and as a part of the Board itself or when acting under the Board’s express directive.
 
ADOPTED:                 August 26, 1991
RESTATEMENT:        March 24, 1997; March 20, 2000, March 22, 2005
REFERENCE: Code of Virginia, Section 22.1-71

SECTION 2.1 - MEMBERSHIP OF THE SCHOOL BOARD

1. The County School Board is comprised of five individuals, one elected from each election district in the County.
2. Qualification of candidates for election to the School Board is governed by statute.  Vacancies arising between the regular elections will be filled as provided by law.
3. School Board members-elect must qualify with the Clerk of Circuit Court of York County prior to assuming office.  The qualification process consists of taking and subscribing to the oath s of office prescribed for officers of the Commonwealth of Virginia in addition to any directives as provided by law.
4. A member’s term of office begins on January 1 following the election and as otherwise specified by law when a vacancy is filled between regular elections.  In the event a new member does not qualify by January 1, or a different date as specified for filling vacancies between regular elections, the incumbent member shall, by operation of law, remain a member of the School Board until the new member qualifies for office.

 
ADOPTED:                 August 26, 1991
REVISED:                   July 27, 1992; March 24, 1997, March 22, 2005
RESTATEMENT:        March 20, 2000
REFERENCE: Code of Virginia, Sections 22.1-29; -31; -44

 
SUB-SECTION 2.1.1 - RESPONSIBILITIES OF THE BOARD

1. The County School Board is comprised of five individuals, one elected from each election district in the County.
2. Qualification of candidates for election to the School Board is governed by statute.  Vacancies arising between the regular elections will be filled as provided by law.
3. School Board members-elect must qualify with the Clerk of Circuit Court of York County prior to assuming office.  The qualification process consists of taking and subscribing to the oath s of office prescribed for officers of the Commonwealth of Virginia in addition to any directives as provided by law.
4. A member’s term of office begins on January 1 following the election and as otherwise specified by law when a vacancy is filled between regular elections.  In the event a new member does not qualify by January 1, or a different date as specified for filling vacancies between regular elections, the incumbent member shall, by operation of law, remain a member of the School Board until the new member qualifies for office.

 
ADOPTED:                 August 26, 1991
REVISED:                   July 27, 1992; March 24, 1997, March 22, 2005
RESTATEMENT:        March 20, 2000
REFERENCE: Code of Virginia, Sections 22.1-29; -31; -44

SUB-SECTION 2.1.2 - POWERS AND DUTIES OF MEMBERS

The School Board will have the following powers and duties:

1. Enforcement of school laws—to see that the schools laws are properly explained, enforced, and observed.
2. Monitoring of the conduct of the schools—to secure, by visitation or otherwise, as full information as possible about the conduct of the schools to ensure that they are conducted according to law and with the utmost efficiency.
3. Management of school property—to care for, manage, and control the property of the School Division and provide for the erecting, furnishing, and equipping of necessary school buildings and appurtenances and the maintenance thereof.
4. Consolidation of schools—to provide for the consolidation of schools whenever such procedure will contribute to the efficiency of the school division.
5. Operation of schools—In so far as not inconsistent with state statutes and regulations of the Board of Education, operate and maintain the public schools in the school division and determine the length of the school term, the studies to be pursued, the methods of teaching and the government to be employed in the schools.
6. Other duties—to perform other such duties as will be prescribed by the Board of Education or as are imposed by law or are deemed necessary to manage the School Division.

 
ADOPTED:                 June 20, 1988
REVISED:                   March 24, 1997
RESTATEMENT:        March 20, 2000, March 22, 2005
REFERENCE: Code of Virginia, Sections 22.1-71 to 22.1-87

 
SUB-SECTION 2.1.3 - CONFLICT OF INTEREST

The School Board will follow strictly the State and Local Government Conflict of Interest Act.

ADOPTED:                 June 20, 1988
RESTATEMENT:        March 24, 1997; March 20, 2000, March 22, 2005
REFERENCE: Code of Virginia, Section 2.1-639.1 - 639.24

SECTION 2.2 OFFICERS AND ORGANIZATION

SUB-SECTION 2.2.1 - OFFICERS OF THE SCHOOL BOARD

1. The officers of the School Board shall be the Chairman and the Vice-Chairman.
2. The duties of the Chairman shall be:

• Preside over all meetings of the Board.
• Act as official head of the Board and carry out such duties consistent with his office as may be imposed by the Board.  This includes acting as the spokesperson representing the Board for public comment.
• Sign all Board minutes as the official record.
• Control the general direction of the room in which the Board meets, and in case of disturbance or disorderly conduct, have the room cleared.
• Act on all travel reimbursement requests of the Board members and the Superintendent.

3. The duties of the Vice-Chairman shall be to act as Chairman in the absence of that officer.  In such capacity, the Vice-Chairman is vested with all authority, rights and responsibilities as the Chairman.

 
ADOPTED:                             August 26, 1991
RESTATEMENT:                    March 24, 1997; March 20, 2000
REVISED:                               March 22, 2005
LEGAL REFERENCE:            Code of Virginia, Sections 22.1-71; -76

SUB-SECTION 2.2.2 - CLERK OF THE SCHOOL BOARD

1. The Clerk of the Board will perform the following duties:

• Attend all regular and special meetings of the Board, as well as special committee meetings of the Board, if required.
• Record the proceedings of the Board meetings in a journal, properly indexed for that purpose.
• Maintain a separate resolution/regulations electronic inventory which will be properly indexed and include all resolutions or regulations numbered in sequence as adopted by the Board (only the title of such regulations or resolutions will be recorded in the proceedings journal).
• Perform such other clerical duties on behalf of the Board or its members as the Board may by resolution prescribe.
• Maintain at the Clerk’s table during each Board session a calendar or agenda, so arranged as to show the condition or progress of the business of the Board.
• Maintain a roll of the Board members listed alphabetically and use such in recording all votes which must be recorded.  A rotating roll call of votes will be used.
• Sign all minutes of the Board.
• Perform all other duties prescribed by law.

ADOPTED:                 August 26, 1991
RESTATEMENT:        March 24, 1997; March 20, 2000
REVISED:                   March 22, 2005
REFERENCE: Code of Virginia, Section 22.1-77

SUB-SECTION 2.2.3 - SCHOOL BOARD ANNUAL/ORGANIZATIONAL MEETING

1. The Board shall meet each January to set the schedule of its regular business meetings for the remainder of the calendar year.
2. At the January meeting the School Board also shall conduct other organizational business including but not limited to the following.

• Election of officers for a one year term;
• Upon the recommendation of the Superintendent appoint a Clerk and a Deputy Clerk and set their compensation;
• Appointment of a School Board attorney;
• Approval of the Superintendent’s designee who shall attend meetings of the School Board in the absence or inability of the Superintendent;
• Approval of School Board member assignments to various committees and agencies whose work is interrelated with the business of the York County School Division.

ADOPTED:                 August 26, 1991
REVISED:                   March 24, 1997, March 22, 2005
RESTATEMENT:        March 20, 2000
REFERENCE: Code of Virginia, Sections 22.1-69; -72; -76

SECTION 2.3 MEETINGS

SUB-SECTION 2.3.1 - REGULAR MEETINGS

1. The business relating to school matters will be transacted by the School Board only at meetings held as provided by law.
2. The meetings of the Board will be open to the public except that closed sessions may be held in accordance with the Freedom of Information Act, Virginia Code Section 2.1-344, et seq.
3. Agenda

• The agenda for the meeting will be prepared by the Clerk.  The agenda will include all matters of business submitted by Board members or the Division Superintendent to the Clerk by or before noon on the Monday preceding the regular meeting.
• The Clerk will have the agenda and appropriate accompanying material posted by electronic means as well as delivered to each School Board member, the School Board’s counsel, and the York County Library by the close of business on Wednesday before the regular meeting.
• The agenda can be amended as provided by the rules of procedure in subparagraph E below.
• Quorum
• A majority of members will constitute a quorum for the transaction of business.
• In the absence of a quorum, at the expiration of fifteen minutes from the time appointed for the meeting, the Clerk will enter upon the journal the names of members present.  The meeting will stand, ipso facto, adjourned until the next regular meeting or until a special meeting is called.
• Rules of Procedure
• Every motion will be reduced to writing, if desired by the Chairman or any member, and will be delivered at the Clerk’s table to be read;  No motion will be considered by the Board unless and until a second to such motion is obtained as required by Roberts’ Rules of Order Newly Revised.  The Chairman will direct the clerk to state the motion and to poll the members to affect vote on the motion.
• No resolution, regulation, motion, or vote will be adopted by the Board except at a meeting open to the public, and (except motions to adjourn, to fix the time and place of adjournment, and other motions of purely procedural nature) unless it has received the affirmative vote of at least three members or a majority of the quorum present.  All voting except on procedural motions will be by roll call and the ayes and nays will be recorded in the journal.
• No resolution or regulation will be amended, suspended or repealed except by resolution regularly introduced and passed, nor will any section of a resolution or regulation be amended unless the whole section of the resolution or regulation is resolved.
• In the event of a tie vote the matter will be carried over to the next subsequent meeting until a majority vote is recorded.
• Upon all questions where there is no rule, the general principles of Robert’s Rules of Order Newly Revised will govern. 
• The meeting of the Board may adjourn or recess from day to day or time to time until the business of the Board is completed.

 
ADOPTED:                 August 26, 1991
REVISED:                   March 24, 1997, March 22, 2005
RESTATEMENT:        March 20, 2000
REFERENCE: Code of Virginia, Sections 22.1-72; -75; -78

SUB-SECTION 2.3.2 - SPECIAL MEETINGS

1. The School Board may hold a special meeting when necessary.
2. The special meeting can be called by the Chairman on his own initiative or upon the request of two or more Board members.
3. A special meeting shall not be held unless all Board members receive notice in sufficient time to make reasonable arrangements to attend.
4. The rules of procedure for a regular meeting apply to a special meeting except as follows.

1. The agenda shall contain no business other than the purpose for which the meeting was called.
2. The Clerk shall distribute the agenda to the Board as far in advance of the meeting as is possible under the circumstances.
3. Items can be added to the agenda of a special meeting after the meeting has convened if all members are in attendance and all vote to add the items proposed.

ADOPTED:                 August 26, 1991
RESTATEMENT:        March 24, 1997; March 20, 2000, March 22, 2005
REFERENCE: Code of Virginia, Section 22.1-72

 
SUB-SECTION 2.3.3 - PUBLIC ADVISORY MEETINGS

1. Public advisory meetings will be held by the Board when deemed necessary in the interest of the School Division.  The Superintendent, Chairman of the Board, and/or other members of the Board will attend.  The Chairman will preside or may designate another member or the Superintendent to preside.
2. A public advisory meeting will be either a “public forum” or a “public hearing.”
3. A public forum will have for its purpose exchange of information between the School Board and York County citizens through dialogue.  Time limits, location, and schedule will be promulgated by the chairman for each forum.
4. A public hearing will have for its purpose the survey of citizens’ views on matters of public policy such as the annual operating budget, the capital improvement budget, and proposed bond issues.  The survey will be accomplished by the Board listening to comments of citizens who sign up to speak at the public hearing as provided in Sub-Section3.6.  The School Board and staff members will not engage in dialogue on the issue at a public hearing.  Time limits, location, and schedule will be promulgated for each public hearing by the chairman.

 
ADOPTED:                 August 26, 1991
REVISED:                   March 24, 1997
RESTATEMENT:        March 20, 2000, March 22, 2005
REFERENCE: Code of Virginia, Sections 22.1-72; -86

SUB-SECTION 2.3.4 - NOTICE AND RECORD OF MEETINGS

1. The Superintendent will give advance notice of Board meetings through news media and such other means as may be appropriate.  All meetings of the Board are open to the public except as provided by law.
2. The Clerk, or Deputy Clerk as directed, shall maintain minutes of regular and special School Board meetings.
3. The minutes shall be signed by the Chairman and Clerk or Deputy Clerk and kept in the School Board Office Building.
4. The Chairman will instruct the Clerk regarding the record to be maintained regarding public advisory meetings on a case basis.

ADOPTED:                 August 26, 1991
RESTATEMENT:        March 24, 1997; March 20, 2000, March 22, 2005
REFERENCE: Code of Virginia, Section 22.1-74

SUB-SECTION 2.3.5 - SCHOOL BOARD AGENDA FORMAT

AGENDA
SCHOOL BOARD OF YORK COUNTY
REGULAR MEETING
7:00 P.M.
I. Call to Order

• Pledge of Allegiance

AWARDS AND RECOGNITIONS

• Recognitions and Awards
• Seniors of the Month
• Student Service Awards
• Community Volunteers of the Month
• Special Recognition as Needed

BUSINESS MEETING

• Unfinished Business

V. Presentations
VI. Comments of Citizens
VII. Matters by Board Members
VIII. Financial Matters

• Approval of Claims Certified for Payment
• Consideration of approval of Resolution No. – A Resolution Authorizing Specific Procurement.

IX. Consent Calendar

• Approval of Previous Minutes :
• Personnel Actions
• Donations
• Other Items of Routine Business

X. Action Items
XI. Readings of Policies

• Discussion
• First Reading

c. Second Reading
XII. Report of the Superintendent
Report of the Assistant County Attorney
The Clerk shall prepare each regular meeting agenda in this format. The sequence of business provided in the format may be changed by adoption of a motion made immediately after the Chair’s call to order.
ADOPTED:                 June 20, 1988
REVISED:                   June 24, 1991; July 28, 1992; March 24, 1997; April 19, 1999;
March 22, 2005; June 14, 2005.
RESTATEMENT:        March 20, 2000

SECTION 2.4 - BOARD POLICY DEVELOPMENT

• All policy statements passed by the Board will be in effect as of the day following the second reading of a new or revised policy at a regular School Board meeting except as stated below.
• When a new policy or a revision to an existing policy is based solely on a change to the Code of Virginia, and the new policy or revision to an existing policy includes no amplification or interpretation of the governing statutory change, the Board, by an affirmative vote of three or more members, may adopt the policy at a regular or special meeting without a second reading.  The new or revised policy will be in effect the day following such action.
• In cases where the new or revised policy is intended to deal with urgent needs, the Board may, by an affirmative vote of three or more members, effect the new or revised policy on the day following the regular or special meeting at which the Board so acts.

 
ADOPTED:                             June 20, 1988
REVISED:                               November 26, 1991
RESTATEMENT:                    March 24, 1997; March 20, 2000, March 22, 2005
LEGAL REFERENCE:            Code of Virginia Sections 22.1-78; -79

SUB-SECTION 2.4.1 - ADMINISTRATION IN ABSENCE OF POLICY

The Division Superintendent is authorized to make administrative decisions in the absence of Board policy.  It is understood that he will inform the Board within a reasonable length of time of the nature and implications of such decisions.

ADOPTED:                 June 20, 1988
RESTATEMENT:        March 24, 1997; March 20, 2000, March 22, 2005

SECTION 2.5 – COMPENSATION

The maximum compensation each School Board may pay its members is provided for in the Code of Virginia.  In addition to the salary provided for in the Code, a School Board may pay the following:

1. Mileage to each of its members for use of a private vehicle for official business of the Board and expenses incurred while on official business.
2. After passage of an appropriate resolution by the School Board, an additional salary not to exceed two thousand ($2,000.00) dollars per year to the Chairman of the School Board.

ADOPTED:                             June 20, 1988
RESTATEMENT:                    March 24, 1997; March 20, 2000
REVISED:                               March 22, 2005
LEGAL REFERENCE:            Code of Virginia, Sections 22.1-32

SECTION 2.6 - VIOLATION OF POLICIES

Violation of any policy of the York County School Board, or of any regulation issued pursuant to a policy, will be cause for disciplinary action as may be deemed appropriate by the School Board, including suspension or dismissal.

ADOPTED:                 June 20, 1988
REVISED:                   May 20, 1991
RESTATEMENT:        March 24, 1997; March 20, 2000, March 22, 2005

SECTION 2.7 - ADMINISTRATION OF THE SCHOOL BOARD POLICY MANUAL

The County School Board shall maintain its policy manual pursuant to the Code of Virginia and regulations of the State Board of Education.  The Clerk of the School Board is expressly designated as the official responsible for maintaining the policy manual in a current status as required by law and regulations.  Posting on the York County School Division Intranet and Internet site shall be the principal means of promulgating the School Board Policy Manual.  When so requested the Clerk will provide a printed copy of the School Board Policy Manual to any agency which has no access to the York County School Division Intranet or Internet site.  The Clerk shall schedule proposed changes to policies on the agenda for regular School Board meetings. .  The Clerk shall also administer a schedule by which the School Board reviews the Policy Manual on a regular basis.  The Clerk shall prepare detailed procedures for the discharge of these duties and shall submit them to the Superintendent for promulgation as a regulation.

ADOPTED:                             May 18, 1992
REVISED:                               March 20, 2000, March 22, 2005
RESTATEMENT:                    March 24, 1997
LEGAL REFERENCE:            Section 22.1-253.13:7 Code of Virginia

SUB-SECTION 2.7-R - PROCEDURES FOR ADMINISTERING THE SCHOOL BOARD POLICY MANUAL

The Clerk of the County School Board shall perform the following in the discharge of duties assigned by School Board Policy Section2.7, Administration of the School Board Policy Manual:

• Review, including obtaining legal review by the County Attorney, and place on the agenda of regular School Board meetings proposed changes of School Board policies.
• Notify holders of School Board Policy Manuals (Manual) of approved revisions of and additions to published School Board policies within five working days of the Board’s approval.
• Notify holders of the Manual of regulations issued by the Superintendent in implementing Board policy.
• Maintain a master copy of the Manual.  The master copy shall consist of the effective School Board policies and regulations.  The clerk shall also maintain, for 10 years, a copy of superseded or canceled School Board policies.
• Provide copies of Manual pages as requested by the School Board and Superintendent.
• Maintain and routinely publish a list of effective School Board policies and Superintendent Regulations.
• Maintain a current list of holders of the Manual.
• At the School Board’s organizational meeting submit for approval that calendar year’s schedule for reviewing and revising the Manual.  The Clerk shall arrange such schedule over a 48 month or 16 calendar quarter cycle so that at the end of the 48th month the School Board shall have reviewed and revised as necessary all contents of the Manual during the preceding four year period.  The schedule shall begin in the first quarter following the regular school board election.
• Seek advice from the School Board attorney on a timely basis regarding action necessary to comply with revisions to Section 22.1-253.13:7 of the Code of Virginia, Standard 7. Policy Manual.
• Perform such other duties related to the administration of the Manual as may be assigned by the Division Superintendent.

ADOPTED:                 March 24, 1997
REVISED:                   March 22, 2005
RESTATEMENT:        March 20, 2000