Board of Education
By-laws
The legal name of this organization shall be the Board of Education, Park School District R-3, Larimer and Boulder counties, Colorado, with headquarters in Larimer County. The legal authority of the Board issues directly from the state constitution and statutes.
We, as a community, are committed to the development of well-educated, self-directed, life-long learners in a safe environment that enables our students to grow in knowledge, skills, and self-discipline necessary for success in a changing world, while promoting and affirming respect for learning, self, and others.
The role of the Board of Education includes policy-making or legislative functions and in some cases, judicial functions. Actions of the Board are taken only in regular or special Board meetings. Individual members have no official authority except as delegated by the Board, as prescribed by law or when sitting as a member at meetings of the Board.
Section 1 The Board of Education shall consist of 5 Directors who shall serve overlapping terms of 4 years until their respective successors shall be elected and qualified per state law.
Section 2 The regular election for filling vacancies created by term expiration shall be held biannually on the first Tuesday of November in odd-numbered years.
Section 3
Vacancies created because of a member’s resignation, death, relocation out of
the district or other reasons outlined in state law shall be filled
within 60 days by Board appointment. The successor will serve the remainder of
the term or until the next regular election according to state law. Should the
Board fail to act, the President of the Board shall make the appointment.
Section 4 According to state law, no Director shall serve more than two consecutive terms in office. The voters of the District may lengthen, shorten or eliminate the limitations on terms of office imposed by state law.
Section 1 The officers of this Board shall be:
a. President
b. Vice-president
c. Secretary
d. Treasurer
Section 2 Within 15 days after a regular biannual school district directors’ election, a special meeting of the Board of Education shall be called for the purpose of electing officers of the Board. The positions of President and Vice-president shall be filled from the Board membership (can be by secret ballot). The positions of Secretary and Treasurer shall be appointed by the Board.
Section 3 The duties of the President and Vice-president shall be those specified in state law and Board policy GP-5.
Section 4 The Secretary to the Board shall be accountable for the accuracy of the Board’s documents (bylaws, minutes and policies) as well as those duties specified in state law.
Section 5 The Treasurer to the Board shall be responsible for the duties specified in state law.
Section 1 Regular Meetings - Regular meetings of the Board of Education shall be held at 7:00 p.m. on the third Monday of each month. The regular meetings shall be held in the Board Room at the Municipal Building, unless another time and place is designated by the Board of Education.
Section 2 Special Meetings - Special meetings of the Board of Education may be called by the President of the Board at any time and shall be called by the President upon written request of a majority of the members of the Board. The Secretary to the Board shall provide written notice to members of the Board, stating business and other conditions of the special meeting, at least seventy-two (72) hours in advance, if mailed, or twenty-four (24) hours if hand delivered.
Section 3 Notice - Written notice of all Board meetings, including regular meetings, special meetings and work sessions, shall be posted at the June Patten Administration Building and provided to members of the Board according to state law. Persons who have requested notification shall be provided with written notice of all regular and work session meetings pertaining to the topics they have indicated.
Section 4 Conduct of Meetings – Regular and special meetings shall be conducted according to established parliamentary procedure. In the event of the question of order, Robert's Rules of Order (Revised) shall apply. In the event of further question, the ruling of the President shall be final.
Section 5 Board Work Sessions – Work Sessions of the Board of Education shall be held at 4:00 p.m. on the first Monday of each month in the meeting room at the Administration Building. Work Sessions may be held for the purpose of study and discussion of pertinent issues.
Section 6 Board Meetings – All meetings of the Board of Education shall be open to the public and all interested parties shall have the right to be present, except when the Board is in executive session as hereinafter provided.
Section 7 Public Participation - Visitors to Board meetings must be on the agenda and/or recognized by the Chair to speak. Visitor presentations shall be limited to three (3) minutes in duration unless more time is granted by the President of the Board. Any person who disturbs good order may be requested to leave.
Section 8 Quorum - A simple majority (more than half) of the entire Board of Education then in office shall be necessary at any regular or special meeting to constitute a quorum for the transaction of business. When there are no vacancies on the Board, a quorum shall consist of three Directors.
Section 9 Voting - At regular and special meetings of the Board of Education all voting shall be done upon alphabetical roll call. Each member must vote orally "aye" or "no" (unless the member is excused from voting by the Board for good cause). All motions shall be declared lost unless approved by a majority of the Directors present and their vote is so recorded. To pass, any motion must be approved by a majority of the members present except as state law or policies of the Board may require otherwise.
Section 10 Executive Sessions - The Board will announce to the public the topic for discussion in the executive session and upon a vote of a two-thirds majority of the Board members present, the Board of Education will go into executive session, at which time only such persons as the Board may invite may be present. The Board will limit discussions in executive sessions to those topics specified in state law. No action or final policy decisions may be reached in executive session. Discussions during an executive session shall remain confidential among those attending.
Section 11 Recordings - All meetings, except executive sessions, may be audio/visually taped for district use and are subject to the “open records” act. The tapes shall be destroyed once the board meeting minutes have been approved and signed.
The Board shall cause an electronic recording to be made of the executive session which shall be retained by the board for 90 days following the session. No electronic record shall be made of an executive session held for the purpose of discussing an individual student matter or of a session in which the discussion involves a privileged attorney-client communication. The electronic record must include the specific statutory citation to the executive session law that allows the board to meet in executive session.
Section 1 The minutes of meetings of the Board of Education shall be recorded by the Secretary to the Board and preserved in permanent form, indexed by subject and date. The minutes shall follow generally accepted form. The minutes shall include:
A. The nature of the meeting, whether regular or special; time and place; members present; approval of the minutes of the preceding meeting or meetings.
B. A record of all actions taken by the Board, the motion, the name of the member making the motion and seconding it; the record of the vote, with the vote of each member recorded. Reports and documents related to a formal motion may be omitted if they are referred to by title and date.
C. A record of all business that comes before the Board through reports of the superintendent and others and through communications from the staff and the public.
D. The names of all persons who speak before the Board and the topic of their remarks.
E. A record that an executive session was held, including the names of those present and the topic of discussion, unless including names of individuals would reveal information that should remain confidential, and the specific citation to the statute that authorizes the Board to meet in executive session.
F. The record of adjournment.
Section 2 The minutes shall also record receipt of monitoring data, responses to that data, public input information and a brief summary of the options considered by the Board. Upon request by individual Board members, minutes may also hold a statement for the record.
Section 3 The draft minutes shall be signed by the Secretary to the Board. The final corrected and approved minutes shall be signed by the Secretary to the Board and President of the Board. The minutes of all regular and special meetings of the Board are public records and shall be available in the office of the Superintendent for inspection by the public. Official records may not be taken from the office.
Section 4 The Board shall cause a record to be made of any executive session that shall be retained by the Board for 90 days following the session. No record shall be made of an executive session held for the purpose of discussing an individual student matter or of a session in which the discussion involves a privileged attorney-client communication. The record shall include the specific statutory citation to the executive session law that allows the Board to meet in executive session.
Section 1 Ongoing policy adoption, review and monitoring of the Board’s Ends policies will constitute the main function of the Board of Education.
Section 2 Policy Study – Topics to be considered for policy development may be introduced by members of the Board, the Superintendent, staff, parents, or any community member who is a resident of the School District.
Section 3 Policy Change/Addition – Upon determination that a policy change or addition is necessary, the Board will take action after hearing the recommendation of the Superintendent and the viewpoints of the persons affected by this policy.
A. Notification - A copy of the current and/or proposed policy and a list of either proposed changes or the concerns regarding the policy and the reasons for the change.
B. First Reading - Following initial notification, the policy and proposed policy changes shall be presented for a first reading and discussion as an agenda item at the next regularly scheduled Board of Education meeting or work session. Prior to the agenda discussion, the Superintendent shall meet, when requested, with concerned persons/groups to clarify those concerns. Those concerns shall be communicated to Board members prior to the first reading.
C. Second Reading - At the next regularly scheduled Board meeting, the proposal shall be presented for a second reading, discussion, and final vote.
Section 4 Emergency Policy Enactment – Emergency adoption, amendment, or repeal of Board policy may be made by the Board of Education upon a majority vote of the entire Board at any regular or special meeting. The Board shall consider the matter in a regular or special meeting at least seven (7) days prior to the effective date of the adoption, amendment or repeal. Under unusual circumstances, the Board may temporarily take such action without the seven (7) day waiting period. However, in any case, the above procedure of first and second readings shall be required before the policy change shall be considered permanent.
Section 5 Policy Implementation - Recognizing that providing a high quality education for the students of Park School District R-3 is the paramount aim of this School District and that good morale in the teaching staff is necessary for the best education of the students, the Board does hereby declare that:
A. The Board of Education, under law, has the final responsibility of establishing policies for the District.
B. The Superintendent and staff have the responsibility of carrying out the policies established.
C. The professional teaching personnel have the responsibility of providing the best possible education in the classroom.
Section 6 Actions and Policies – To the best of its counsel, knowledge and ability, the Board of Education of the Park School District R-3, Larimer and Boulder Counties, Colorado, shall at all times take action and adopt policy that is consistent with state and federal law and regulation.
Board committees shall be convened within the guidelines established in Board Policy
GP- 4.
The Board, at its discretion, may employ an administrative assistant, retain legal counsel, and others as is necessary. The District budget shall include financial support for this and other Board activities designed to increase the Board’s effectiveness.
These bylaws may
be amended by a two-thirds vote of the Board of Education at a regular or
special meeting called for the purpose of amending the bylaws. Changes may be
initiated by the Board or in response to changes in law.