1000 SERIES
Board of Education


TABLE OF CONTENTS
1000 Introduction
1010 Legal Status of Board
1100 Qualifications of Board Members
1110 Code of Conduct for Board Members
1115 Conflict of Interest
1120 Board Member Development
1200 Election of Officers and Organization
1210 Duties of Officers
1220 Resignations and Vacancies
1300 School Board Authority and Responsibilities
1310 School Board - Superintendent Relations
1320 Role of Board Members in Handling Complaints
1330 Role of Board Members in Informal Meetings
1340 Board Committees
1400 Board Meetings
1410 Agendas of Meetings
1420 Rules of Order
1430 Voting
1440 News Coverage of Board Meetings
1450 Public Participation in Board Meetings
1450-R Public Participation Rules

1500 Policy Development
1510 Policy Suspension
1520 Administration in Policy Absence
1530 Rules and Regulations
1600 Board Member Compensation
1700 School Board Attorney




INTRODUCTION

This policy manual has been prepared to provide school personnel, students, and citizens a reference for policies of the Cleveland County Schools.

Copies are located in the principal’s office and media center of each school, and at the Administrative Building of the Cleveland County Board of Education at 130 South Post Road, Suite 2, Shelby, North Carolina. An electronic version of this policy manual will be provided on the Cleveland County Schools official website.

All personnel are expected to become familiar with and follow the policies and rules and regulations contained herein.

How to Use this Manual

This manual consists of seven separate sections of written policy, each with a tab divider bearing a numerical code as follows:

1000 Board of Education

2000 School and Community Relations

3000 Curriculum and Instruction

4000 Student Services

5000 Personnel

6000 Support Services

7000 Finance and Fiscal Management

At the beginning of each section in outline form is a Table of Contents of that section.

Policies are printed on white paper. Rules and regulations are printed on canary paper.

Updating Policy Manual
Policy development in a modern, forward-looking school system is a dynamic, on-going process. New problems, needs, concerns and issues give rise to the continuing need to develop new policies or to revise existing ones. The board utilizes the loose-leaf format for this manual to make it easier to maintain and keep up-to-date. The superintendent and/or designee is responsible for maintaining the policy manual system. The board encourages employees, parents, and citizens to make written suggestions which will assist in providing a policy manual which meets the needs of the school system.

LEGAL REF: G.S. 115C-47

ADOPTED: August 9, 2004



1010

LEGAL STATUS OF BOARD

The name of the board is the Cleveland County Board of Education. The name of the school administrative unit is the Cleveland County Schools.

The Cleveland County Board of Education is a body corporate. The board shall have general control and supervision of all matters pertaining to the public schools within the Cleveland County Schools administrative unit.

LEGAL REF: Plan for Merger of the Cleveland County, Kings Mountain District, and Shelby City Schools (Adopted April 18, 2000; Amended May 2, 2000) (hereinafter called “Merger Plan”); G.S. 115C-40.

ADOPTED: August 9, 2004


1100

QUALIFICATIONS OF BOARD MEMBERS

Any candidate for the Cleveland County Board of Education must be a registered voter in North Carolina, be a resident of Cleveland County for at least thirty (30) days, be twenty-one (21) years of age, and not be disqualified because of any constitutional prohibition against holding office in North Carolina.

A person is eligible to serve on the board if he/she also serves in an appointed office, but shall not be eligible to serve if he/she holds an elected office.

An employee of the Cleveland County Schools is not eligible to serve as a member of the board.

LEGAL REF: N.C. Const. art. VI; G.S. 115C-35, -37; Merger Plan.

ADOPTED: August 9, 2004





1110

CODE OF CONDUCT FOR MEMBERS

Board members shall endeavor to act ethically and in the best interest of students and the Cleveland County Schools in the performance of their official duties. While no code of ethics can address all situations, the board adopts the following Code of Conduct to guide the performance of its members.

Members of the Cleveland County Board of Education shall:

∙ attend all regularly scheduled board meetings insofar as possible, and become informed concerning the issues to be considered at those meetings;

∙ endeavor to make policy decisions only after full discussion at publicly held board meetings;

∙ render all decisions based on the available facts and the board member’s independent judgment, and refuse to surrender that judgment to individuals or special interest groups;

∙ remember at all times that an individual member has no legal authority outside the meetings of the board, and conduct relationships with the school staff, local citizenry, and news media accordingly;

∙ work with other board members to establish effective board policies and to delegate authority for the administration of the schools to the superintendent;

∙ communicate to other board members and the superintendent expressions of public reaction to board policies and the school program;

∙ devote time, thought, and study to the duties and responsibilities of a school board member, the state school laws, and the policies, rules and regulations of the state and local boards of education;

∙ support the employment of those persons best qualified to serve as school staff, and insist on a regular and impartial evaluation of all staff;

∙ resist every temptation and outside pressure to use the position as a board member for personal benefit or benefit of any other individual or agency apart from the best interests of the Cleveland County Schools;

∙ take no private action that will compromise the board or administration;

• respect the confidentiality of information that is privileged under applicable law;

∙ remember always that a board member’s first and greatest concern must be the educational welfare of the students who attend the public schools;

∙ bear in mind that the primary function of the board is to establish the policies by which the schools are to be administered, but that the administration of the educational program and the conduct of school business shall be left to the employed superintendent of schools and his/her professional and support staff unless otherwise provided by law;

∙ not accept, directly or indirectly, gifts, monetary amounts or other items of value or any promise of favor or reward from any individual or organization that will serve to influence a decision or action of the board, officer or employee of the board, or any individual or group acting for or on behalf of the board;

∙ not let any personal or business interest interfere with the board member’s duties as a public official; and

∙ fulfill all requirements of Chapter 115C of the North Carolina General Statutes and other duties and obligations imposed by law in a professional manner.

LEGAL REF: G.S. ch. 115C

ADOPTED: August 9, 2004


1115

CONFLICT OF INTEREST

Each board member has the obligation to consider any private, personal or business interest that may significantly affect the board member’s action on a matter before the board.

1. Each board member has the obligation to declare any private, personal or business conflict of interest.

2. The Cleveland County Board of Education or the Cleveland County Schools shall not enter any contract under the terms of which a member of the board would derive a direct benefit, except as expressly provided by law. If such contract is permitted by law despite a board member’s conflict, that board member shall abstain from participating or voting in the issue.

3. No board member shall derive a direct benefit from any contract entered into by or on behalf of the Cleveland County Board of Education or the Cleveland County Schools, except as expressly provided by law. If such contract is permitted by law despite a board member’s conflict, that board member shall abstain from participating or voting in the issue.

4. No board member who may derive a direct benefit from any contract entered into by or on behalf of the Cleveland County Board of Education or the Cleveland County Schools shall attempt to influence any other person who is involved in making or administering the contract.

5. No board member may solicit or receive any gift, reward or promise of reward in exchange for recommending, influencing or attempting to influence the award of any contract by the Cleveland County Board of Education or the Cleveland County Schools.

6. No board member shall use confidential knowledge of pending board action to gain any pecuniary benefit from the action or aid another to do so.

LEGAL REF: G.S. 14-234 ; G.S. 115C-48

ADOPTED: August 9, 2004





1120

BOARD MEMBER DEVELOPMENT

Orientation:
Under the guidance of the superintendent and experienced board members, orientation shall be provided for new board members through activities such as:

1. Discussions with the superintendent and other members of the board and the school staff;

2. Workshops for new board members conducted by state and area school board associations; and

3. Study of printed and audio-visual materials on school board policy-making and administrative procedures.

Training:
All members of the board are required to receive 12 clock hours of training annually.

The school system, as a part of its regular on-going staff training, shall annually develop board member training activities which support the board’s need for development both individually and as a corporate body.

Membership in School Boards Association:

It shall be the policy of the board to join the North Carolina School Boards Association. All board members are encouraged to take advantage of development opportunities provided by the North Carolina and regional or national school boards associations.

LEGAL REF: G.S. 115C-47, -50

ADOPTED: August 9, 2004



1200

ELECTION AND ORGANIZATION

The Cleveland County Board of Education shall consist of nine (9) members elected at large by the voters of Cleveland County in nonpartisan, plurality elections. Board members shall serve four-year, staggered terms. Elections shall be held in odd-numbered years, at the time of the November general election, in accordance with chapter 163 of the General Statutes.

Board members shall take the oath of office on the first Monday in December following their election or as soon thereafter as practicable.

As the first item of business at its regularly scheduled December meeting, the board shall elect a chair and vice-chair to serve until the next regular December meeting. If, at any time, a vacancy occurs in the office of chair and/or vice-chair, then the board may elect a replacement to serve the remainder of the term of office in which the vacancy occurs.

If necessary at any meeting held to elect officers, the superintendent will serve as chair for the purpose of conducting the election of the chair.

LEGAL REF: G.S. 115C-35, -37, -41, -47, -276; G.S. 143-318.11(6); Merger Plan.

ADOPTED: August 9, 2004







1210

DUTIES OF OFFICERS

Chair
The chair shall preside at all meetings and shall appoint all committees unless otherwise directed by the board. The chair may offer motions and/or resolutions, discuss questions, and vote thereon. The chair shall serve as ex-officio member of all committees. The chair shall sign official district documents that require such signature. The chair shall perform such other duties as may be prescribed by law, by board policy, or by lawful action of the board.

Vice-Chair
The vice-chair shall perform the duties and have the obligations of the chair in the absence or during the disability of the chair and shall have such other powers and duties as the board chair may determine.

Secretary
The superintendent shall be the secretary to the board. The superintendent shall have no vote. As secretary, the superintendent shall keep and maintain full and accurate minutes of all meetings of the board. In the event of a vacancy in the superintendency, or if the superintendent is excluded for a closed session, the board may designate one of its members to serve temporarily as secretary to the board.

LEGAL REF: G.S. 115C-36, -41, -47, -276; Merger Plan.

ADOPTED: August 9, 2004


1220

RESIGNATIONS AND VACANCIES

Resignations
A board member who decides to resign shall submit written notice to the board chair. The vacancy shall be filled as provided in this policy.

Vacancies
All vacancies in membership of the Cleveland County Board of Education shall be filled by appointment by the remaining members of the board.

The board shall advertise a vacancy on the board to provide notice to citizens and to request interested persons to submit a statement of interest.

The person appointed to fill the vacancy shall serve until the next election of board members, at which time the remaining unexpired term of office in which the vacancy occurs shall be filled by election.

LEGAL REF: G.S.115C-37; G.S. 143-318.11(6); Merger Plan

ADOPTED: August 9, 2004


1300

SCHOOL BOARD AUTHORITY AND RESPONSIBILITIES

The Cleveland County Board of Education possesses broad authority to establish policy, make fiscal decisions, and review decisions of school personnel. The board shall provide for a school system and establish general policies, as well as perform all specific duties imposed by statute. The responsibility for carrying out policies adopted by the board is vested in the superintendent or designee.

Official actions of the board can be made only at duly constituted board meetings, committee meetings, or meetings of a duly designated hearing panel of the board. An individual board member or groups of board members do not have independent authority to make commitments on behalf of the board outside of board meetings unless such authority is granted by the board. No member of the board, including the chair, may individually give orders or directives to the superintendent or any other school employee except as expressly authorized by the board.

Among the responsibilities of the board are the following:

A. Electing the superintendent, supporting him or her in the discharge of duties, and evaluating his or her job performance;

B. Establishing school attendance areas;

C. Considering and acting on appeals from administrative decisions;

D. Developing a plan to ensure the safety of all students and employees;

E. Establishing a school calendar;

F. Adopting courses of study and providing instructional resources;

G. Employing all staff members based upon the recommendation of the superintendent;

H. Approving the budget, financial reports, and audits;

I. Determining the need for and seeking funds for the operation, support, maintenance, improvement, and extension of the school system;

J. Providing for the planning, expansion, improvement, financing, construction, maintenance, use, and disposition of physical plants of the school system;

K. Prescribing the minimum standards needed for the efficient operation and improvement of the school system;

L. Evaluating the educational program to determine effectiveness in achieving goals of the school system;

M. Requiring the establishment and maintenance of records, accounts, archives, management methods, and procedures considered essential to the efficient conduct of school business;

N. Assuring compliance with state and federal law;

O. Providing for the dissemination to the public of information relating to the Cleveland County Schools; and

P. Exercising general control and supervision over the public schools of the district remaining knowledgeable of the operations of the school district, and fulfilling other duties as prescribed by law.

LEGAL REF: G.S. 115C-36, - 47; Merger Plan

ADOPTED: August 9, 2004


1310

SCHOOL BOARD – SUPERINTENDENT RELATIONS

The execution of policies adopted by the board is the function of the superintendent.

The board’s delegation of its administrative authority to the superintendent provides freedom for the superintendent to manage the schools within the framework of the board’s policies and frees the board to devote its time to policymaking, judicial and appraisal functions.

The board holds the superintendent responsible for carrying out its policies within established guidelines and for keeping the board informed about school operations.

The superintendent shall notify board members as promptly as possible of any emergencies that occur in the schools.

It is the general policy of the board to require all reports, recommendations, and requests to be transmitted to the superintendent for presentation to the board. The superintendent may delegate to appropriate staff members responsibility for making direct presentations to the board.

The superintendent shall serve as secretary to the board.


LEGAL REF: G.S. 115C-36, -40, -276

ADOPTED: August 9, 2004

1320

ROLE OF BOARD MEMBERS IN HANDLING COMPLAINTS

Persons having complaints about school matters shall be referred by individual board members to the superintendent. The superintendent shall determine the appropriate manner for processing such complaints in accordance with board policy and applicable laws. Such persons shall also be informed of the normal administrative channels of appeal and urged to use these channels.

The superintendent is responsible for advising the board member of the disposition of any complaint so referred. Individual board members shall refrain from taking individual action in disregard of administrative channels.

LEGAL REF: G.S. 115C-36, -47

ADOPTED: August 9, 2004



1330

ROLE OF BOARD MEMBERS IN INFORMAL MEETINGS

The Cleveland County Board of Education encourages citizen participation in the public schools. Board policies provide procedures for such citizen participation.

Individual board members should inform any citizen or group of citizens with whom they meet that, in such meetings, they act only as individuals and not for or on behalf of the board unless they have been so authorized by official board action. In addition, board members should attempt to avoid situations in which their presence could be inferred as being officially representative of the board.

Individual members of the board shall refrain from meeting with groups of school employees to discuss matters relating to employment or conditions of work without specific authorization by official board action.

LEGAL REF: G.S. 115C-36, -47

ADOPTED: August 9, 2004



1340

BOARD COMMITTEES

Standing Committees
The board shall use standing committees as it deems appropriate. The purpose of a standing committee is to investigate issues relevant to the committee, to deliberate, and to inform and recommend action to the board.

The board chair shall appoint the members and chair of each standing committee on an annual basis.

A standing committee has no authority to act on behalf of the board unless specifically authorized by the board.

Temporary Committees
The board may authorize the chair to appoint temporary committees. With board approval, temporary committees may be enlarged to include persons who are not members of the board.

Temporary committees shall be dissolved upon the completion of their assignments or may be terminated by a vote of the board at any time.

Temporary committees have no final authority and are subordinate and advisory to the board.

Open Meetings Law
All committees of the board are public bodies within the meaning of the North Carolina Open Meetings Law and are subject to notice, minute-keeping, and all other requirements of that law.

LEGAL REF: G.S. 115C-4, -36, -47(30), -55; Ch. 143 article 33C

ADOPTED: August 9, 2004


1400

BOARD MEETINGS

The Cleveland County Board of Education shall provide for such meetings as are authorized by law and necessary to the efficient and proper operation of the school system. There will be advance public notice of all official meetings of the board. Citizens are welcome to attend board meetings.

Regular Meetings:
The Cleveland County Board of Education shall meet regularly on the second and fourth Mondays of each month at 7:00 p.m. In the event that a regular meeting falls on a holiday, the meeting will be held as soon before or thereafter as is practicable. Unless otherwise posted, regular meetings shall be held at the Cleveland County Auditorium on South Post Road.

1. The chair or board may reschedule or cancel regular board meetings, or change the location or time of a regular meeting. If such changes are made, notice of the changes shall be posted at the school system’s administrative offices and provided to members of the board, the media and others, as provided by law.

2. The superintendent shall keep on file a schedule of the board’s regular meetings. In the event that the schedule is changed, a revised schedule shall be filed and publicized at least seven days before the first meeting held under the new schedule.

3. The chair may schedule work sessions and retreats as appropriate to ensure that the board is sufficiently informed and properly trained to fulfill its duties. The business conducted by the board in such sessions should be preparational and instructive, with items requiring action being assigned to future regular meetings.

Special Meetings:
The board chair, the superintendent, or a majority of members of the board may call a special meeting of the board for action or consideration of any action requiring such a meeting. Special meetings of the board shall consider only those matters specified in the call of the meeting, unless by majority vote the board agrees to consider other matters. Written notice of the time, place and purpose of a special meeting shall be given to each board member, posted on the bulletin board in the administrative building, and mailed or delivered to each person who has filed a written request for such notice with the superintendent as required by G.S. 143-318.12. The notice shall be posted and mailed or delivered at least 48 hours in advance of a special meeting.

Emergency Meetings:
The superintendent or board chair may call an emergency meeting of the board to consider any emergency situation created by generally unexpected circumstances that require immediate consideration by the board. Board members will be notified as far in advance as possible of emergency meetings. Each person or organization who has filed a written request for notice of special meetings will be notified immediately after board members and by the same method used to notify board members. Only business connected with the emergency may be considered at the emergency meeting.

Recessed Meetings:
The board may recess a meeting to be resumed at a time, date and location announced in open session at the meeting. No further notice of the meeting is required.

Open Meetings Law:
tt shall be the policy of the Cleveland County Board of Education to transact all of its business in open session as prescribed by the North Carolina Open Meetings Law. The requirement for open meetings applies to all public bodies operating within the Cleveland County Schools.

Upon a motion and vote of a majority of members present, the board may go into closed session to discuss business and take action as permitted by the Open Meetings Law. A motion to enter closed session may be made only for one of the reasons specified by statute, must be made and adopted in open session, and must state the reason that justifies the closed session and any additional information required by statute.

Minutes
The superintendent is responsible for maintaining full and accurate minutes of all meetings of the board. At a minimum, the minutes of open sessions shall contain a record of all action taken, including the members making and seconding the motion and, in the case of a split vote, the members voting for or against the motion. Minutes of open sessions shall be available for public inspection upon request. Closed session minutes should provide a person not in attendance with a reasonable understanding of what transpired. Minutes of closed sessions shall be kept confidential so long as necessary to avoid frustrating the purpose of the closed session.

The superintendent shall send a draft copy of the minutes to members of the board prior to the next regular meeting, at which time the minutes are to be approved. Minutes are official only after they have been adopted by the board and signed by the secretary.

LEGAL REF: G.S. 115C-4, -41, -276(b); Ch. 143 article 33C

ADOPTED: August 9, 2004





1410

AGENDAS OF MEETINGS

The superintendent, in consultation with the board chair, shall prepare the agenda for board meetings. Items of business may be suggested by individual board members, the administration or members of the public for inclusion in the agenda by submitting the suggestion in writing to the superintendent at least seven (7) working days before a regular meeting.

Each board member should receive an agenda and supporting materials at least five (5) working days prior to a regular meeting.

The agenda shall be available for public inspection and/or distribution after it is distributed to board members. Interested parties may request in writing to receive a copy of the agenda regularly.

The superintendent and board chair may add items to the agenda at any time. Individual board members may add items to the agenda upon a majority vote of the members present.

By consent of the board, agenda items may be considered out of order.

LEGAL REF: G.S. 115C-36, -47

ADOPTED: August 9, 2004


1420

RULES OF ORDER

Board meetings shall be conducted according to the following procedures. To the extent not provided for in these rules, and to the extent that the reference does not conflict with the spirit of these rules, the Cleveland County Board of Education shall refer to Robert’s Rules of Order for unresolved procedural questions.

Action by the Board
The board shall proceed by motion.

Second Required
A motion shall require a second.

One Motion at a Time
A member may make only one motion at a time.

Substantive Motion
A substantive motion is out of order while another substantive motion is pending.

Adoption by Majority Vote
A motion shall be adopted by a majority of the votes cast, a quorum being present, unless otherwise required by these rules or the laws of North Carolina.

Debate
The chair shall state the motion and then open the floor to debate it.

The chair shall preside over the debate according to the following general principles:

1. The introducer (the member who makes the motion) is entitled to speak first.

2. A member who has not spoken on the issue shall be recognized before someone who has already spoken.

3. To the extent possible, the debate shall alternate between opponents and proponents of the measure. After presenting a position once, a member shall be entitled to speak without objection for three minutes. Any member may motion to cut off debate at any time following full and fair discussion pursuant to these rules of order.

Quorum
A majority of the membership of the board, excluding vacant seats, shall constitute a quorum. If it appears that a quorum cannot be present at any meeting, the chair may postpone the meeting until such time as a quorum can be present.

A majority vote of the quorum may pass a resolution.

A majority vote of the entire board is required to change policies or bylaws, purchase real estate, modify pupil assignments, make expenditures in excess of $50,000.00, or terminate the contract of the school superintendent.

Procedural Motion
In addition to substantive proposals, the following procedural motions, and no others, shall be in order. Unless otherwise noted, each motion is debatable, may be amended, and requires a majority vote for adoption.

1. To Adjourn. The motion may be made only when action on a pending matter concludes; it may not interrupt deliberation of a pending matter.

2. To Take a Recess.

3. Call to Follow the Agenda. The motion must be made at the first reasonable opportunity or it is waived.

4. To Suspend the Rules. For adoption, the motion requires a vote equal to the number required for a quorum.

5. To Divide a Complex Motion and Consider it by Paragraph.

6. To Defer Consideration.

7. Call the Previous Question.

8. To Postpone to a Certain Time or Day.

9. To Amend. An amendment to a motion must be pertinent to the subject matter of the motion, but it may achieve the opposite of the motion’s intent. The motion may be amended and an amendment may be amended, but no further amendments may be made.

10. To Revive Consideration. The motion is in order any time one hundred (100) days after a vote to defer consideration. A substantive motion, consideration of which has been deferred, expires one hundred (100) days thereafter unless a motion to revive consideration is adopted.

11. To Reconsider. The motion must be made by a member who voted with the prevailing side. It must be made at the same meeting as the vote was taken. It cannot interrupt deliberation on a pending matter but is in order at any time before actual adjournment.

12. To Rescind or Repeal.

13. To Ratify.

14. To Prevent Reconsideration for Six Months. The motion is in order immediately following the defeat of a substantive motion and at no other time. For adoption the motion requires a vote equal to the number required for a quorum. It is valid for six months or until a new board member is appointed, whichever occurs first.

Renewal of Motion
A motion that is defeated may be renewed at any subsequent meeting unless a motion to prevent consideration has been adopted.

Withdrawal of Motion
A motion may be withdrawn by the introducer at any time before a vote.

LEGAL REF: G.S. 115C-36, -47

ADOPTED: August 9, 2004


1430

VOTING

Voting Method
Before the board may vote on any matter, there must be a motion.

The chair may vote on all questions.

Voting normally will be by voice vote on all matters coming before the board for action; however, any member may call for a division in which case the vote will be by show of hands. In either event, the minutes will reflect the vote of each member voting and the abstention of any member present but not voting, unless the vote was unanimous.

In voice voting, the question shall be put substantially as follows: “ Those in favor say ‘aye,’ ” and after the affirmative vote is expressed, “opposed ‘no,’ ” after which the chair shall announce the result. If a division on a vote is requested, the chair shall ask that the members be counted for and against the proposition under consideration.

If the board decides, by majority vote, to vote by written ballot, each member must sign his/her ballot and the minutes shall show the vote of each member voting. The ballots must be available for public inspection in the superintendent’s office immediately following the meeting and until the minutes of that meeting are approved, at which time the ballots may be destroyed.

Voting by proxy shall not be permitted.

Duty to Vote
Each board member has a duty to vote unless prevented from doing so by a conflict of interest. Each board member has the obligation to consider any private, personal or business conflict of interest that may significantly affect the board member’s action on a matter before the board.

A board member who would derive a direct benefit from any contract entered into by or on behalf of the board shall declare the conflict of interest and shall not vote in the matter. Board members who wish to be excused from voting because of other conflicts that do not involve a direct benefit to the member may be excused by a vote of the majority of the remaining members present. The board member who wishes to be excused shall so inform the chair, who shall take a vote of the remaining members present. The reason for a board member’s abstaining from voting shall be recorded in the minutes.

A failure to vote either for or against an item by a board member who is physically present, and who is not prohibited from voting by a conflict of interest or otherwise excused, shall be recorded as an affirmative vote.

LEGAL REF: G.S. 115C-36, -47; G.S. 143-318.13

ADOPTED: August 9, 2004


1440

NEWS COVERAGE OF BOARD MEETINGS
Local news media representatives shall be invited and encouraged to attend all regular, special, and emergency meetings of the Cleveland County Board of Education. In the event that representatives of the news media are unable to attend a meeting of the board, they shall be provided, upon request, with a summary of important board action.

1. Any radio or television station may broadcast an open session. Any person may photograph, film, or record an open session.

2. The placement and use of any equipment necessary to broadcast, film, or record a meeting may be regulated by the board in order to prevent undue interference with the meeting, but not in such a way as to frustrate the use of the equipment or the coverage of the meeting.

3. If a meeting room is too small to accommodate all of the personnel and equipment necessary to broadcast, film, or record a meeting, the board may require equipment to be pooled. If the news media request an alternate meeting place in order to facilitate news coverage and the board grants the request, then the news media making the request are responsible to pay any additional costs which may be involved in securing an alternate site.

LEGAL REF: G.S. 115C-47; G.S. ch. 143 art. 33C

ADOPTED: August 9, 2004


1450

PUBLIC PARTICIPATION IN BOARD MEETINGS

All meetings of the Cleveland County Board of Education shall be open to the public. Members of the public may be provided limited time to voice opinions or concerns at the discretion of the board chair or a majority of the board members present.

The board recognizes its responsibility to conduct the business of the district in an orderly and efficient manner and will therefore require reasonable controls to regulate public presentations. Any person wishing to be heard by the board shall first be recognized by the chair. The person shall identify himself or herself and proceed with comments as briefly as the subject permits within the time allowed. The board chair is responsible for the orderly conduct of the meeting and shall rule on such matters as the time to be allowed for the presentation, the appropriateness of the subject being presented, and the suitability of the time for such a presentation. The board as a whole shall have the final decision in determining the appropriateness of all such rulings.

Any person who willfully interrupts or disturbs a board meeting may be directed to leave the meeting by the presiding officer. Any person who refuses to leave may be prosecuted for disrupting a public meeting.

Public Hearings
Public hearings required by law or deemed advisable by the board shall be conducted according to a special order adopted by a majority vote setting forth the subject, date, place and time of the hearing as well as any rules regarding the length of time allotted for each speaker, etc. At the appointed time, the chair or a designee shall call the hearing to order and then preside over it. When the allotted time expires or when no one wishes to speak who has not done so, the chair or a designee shall declare the hearing ended.

LEGAL REF: G.S. 115C-4; G.S. 143-318.9 through -318.17

ADOPTED: August 9, 2004




1450-R

PUBLIC PARTICIPATION RULES

Recognizing its responsibility for proper governance of the schools and therefore the need to conduct its business in an orderly and efficient manner, the Cleveland County Board of Education may schedule a period during each regular meeting for public participation.

1. Anyone wishing to speak before the board is encouraged to inform the superintending of the desire to do so and the topic to be discussed as early as possible prior to the meeting to permit orderly scheduling of remarks.

2. All persons requesting to address the board shall sign up with the secretary at the door prior to the meeting.

3. All remarks and concerns must address an agenda item on the agenda for that particular meeting. Concerns that are not on the agenda will not be considered and must be addressed through direct administrative channels.

4. Speakers will be allotted up to three (3) minutes to address the board. The board chair may shorten the time available to all speakers at any given meeting in the interest of efficiency. The board will accept written statements from speakers.

5. Groups concerned with a single issue should designate a representative to speak for the group.

6. In accordance with state law and board policies protecting confidential information concerning school personnel and students, speakers will refrain from discussing specific employees or students in open session.

7. All speakers are expected to conduct themselves with decorum and civility.

8. The length of the period of time designated for public participation shall be governed by the board chair and generally shall not exceed a total of fifteen (15) minutes unless extended by action of the board.

9. Issues and questions asked by the public shall, when possible, be addressed by the chair. Administrative matters will be referred to the administrative staff, as appropriate. Issues requiring investigation will be referred for consideration and later response, as appropriate.

10. Persons appearing before the board are reminded as a point of information that the members of the Cleveland County Board of Education are without authority to act independently as individuals in official matters. Immediate answers are not generally possible and must be deferred pending investigation and consideration by the full board. ? 1500

POLICY DEVELOPMENT
The formulation and adoption of written policies shall constitute the primary method by which the board exercises its control over the operation of the school system.

1. The board encourages student, staff and community involvement in ongoing policy development. Any person wishing to make a policy recommendation may do so in writing to the superintendent, who shall study the proposal and make appropriate recommendations to the board.

2. The superintendent may designate a person to be responsible for recasting policy recommendations into written form for deliberation and/or action by the board. The person designated also shall maintain the policy manual system.

3. The superintendent is authorized to establish such committees as necessary to assist in the formulation of policies for the proper functioning of the system. The superintendent shall report to the board from time to time on the policies then in effect and shall recommend such changes as he or she considers appropriate.

4. The superintendent or the board shall seek the counsel of the board attorney and other advisors (auditors, architects, physicians) when there may be a question of legality or proper procedure in the development of a proposed policy.

5. The formal adoption of policies shall be made upon motion and approval by a majority vote of the entire board, and the adoption shall be recorded in the board minutes. Only those written statements so adopted and recorded shall be regarded as official board policy.

6. Policies recommended to the board shall not be adopted until a meeting subsequent to their introduction. The time lapse will permit further study by board members and reaction from interested parties. Temporary approval of a policy may be granted by the board to meet emergency conditions or special events which would take place before formal adoption could be enacted.

7. Policies may be amended by the affirmative vote of a majority of the entire board at any meeting provided that a copy of the proposed amendment has been sent or delivered to each member of the board at least three (3) days prior to the meeting and that the proposal is included in the agenda for the meeting.

8. The superintendent or designee shall establish and maintain a plan for preserving, updating and making accessible the policies adopted by the board. A copy of the policy manual shall be provided to each board member and at least two copies placed in each school and the central office. Each school will maintain a copy in the principal’s office and media center. An electronic version of this policy manual will be provided on the Cleveland County Schools official website.

9. Consistent with the board’s Rules of Procedure, a majority vote of the entire board, and not merely a majority vote of those present, is required to adopt or amend board policy.

LEGAL REF: G.S. 115C-36, -47

ADOPTED: August 9, 2004

1500

POLICY DEVELOPMENT


The formulation and adoption of written policies shall constitute the primary method by which the board exercises its control over the operation of the school system.

1. The board encourages student, staff and community involvement in ongoing policy development. Any person wishing to make a policy recommendation may do so in writing to the superintendent, who shall study the proposal and make appropriate recommendations to the board.

2. The superintendent may designate a person to be responsible for recasting policy recommendations into written form for deliberation and/or action by the board. The person designated also shall maintain the policy manual system.

3. The superintendent is authorized to establish such committees as necessary to assist in the formulation of policies for the proper functioning of the system. The superintendent shall report to the board from time to time on the policies then in effect and shall recommend such changes as he or she considers appropriate.

4. The superintendent or the board shall seek the counsel of the board attorney and other advisors (auditors, architects, physicians) when there may be a question of legality or proper procedure in the development of a proposed policy.

5. The formal adoption of policies shall be made upon motion and approval by a majority vote of the entire board, and the adoption shall be recorded in the board minutes. Only those written statements so adopted and recorded shall be regarded as official board policy.

6. Policies recommended to the board shall not be adopted until a meeting subsequent to their introduction. The time lapse will permit further study by board members and reaction from interested parties. Temporary approval of a policy may be granted by the board to meet emergency conditions or special events which would take place before formal adoption could be enacted.

7. Policies may be amended by the affirmative vote of a majority of the entire board at any meeting provided that a copy of the proposed amendment has been sent or delivered to each member of the board at least three (3) days prior to the meeting and that the proposal is included in the agenda for the meeting.

8. The superintendent or designee shall establish and maintain a plan for preserving, updating and making accessible the policies adopted by the board. A copy of the policy manual shall be provided to each board member and at least two copies placed in each school and the central office. Each school will maintain a copy in the principal’s office and media center. An electronic version of this policy manual will be provided on the Cleveland County Schools official website.

9. Consistent with the board’s Rules of Procedure, a majority vote of the entire board, and not merely a majority vote of those present, is required to adopt or amend board policy.

LEGAL REF: G.S. 115C-36, -47

ADOPTED: August 9, 2004

1510

POLICY SUSPENSION

In extenuating circumstances, any section or sections of board policy not established by law or contract may temporarily be suspended by a majority vote of all board members present at a meeting.

LEGAL REF: G.S. 115C-36, -47

ADOPTED: August 9, 2004



1520

ADMINISTRATION IN POLICY ABSENCE

In cases where action must be taken within the school system and the board has provided no policy or guidance for administrative action, the superintendent shall have the power to act. The superintendent’s decisions, however, shall be subject to review by action of the board at its regular meeting. It shall be the duty of the superintendent to inform the board promptly of such action and of the need for a policy.

LEGAL REF: G.S. 115C-36, -47, -276

ADOPTED: August 9, 2004


1530


RULES AND REGULATIONS

The superintendent shall establish and maintain an orderly plan for the development, implementation and dissemination of rules and regulations to carry out board policies. In developing rules and regulations for the operation of the school system, the superintendent shall involve at the planning stage those who would be affected by such provisions.

All rules and regulations will be consistent with existing board policies and will be provided to the board.

The board reserves the right to review, formulate, change, delete and/or adopt regulations as it deems necessary or appropriate.

LEGAL REF: G.S. 115C-36, -47, -276

ADOPTED: August 9, 2004


1600

BOARD MEMBER COMPENSATION

The Cleveland County Board of Commissioners is empowered to fix the compensation, mileage and allowances for members of the Cleveland County Board of Education.

Board members shall be reimbursed for all reasonable and approved expenses incurred by them related to performance of their duties as members of the Cleveland County Board of Education.

LEGAL REF: G.S. 115C-38; G.S. 153A-92; Merger Plan

ADOPTED: August 9, 2004

1700


SCHOOL BOARD ATTORNEY

The Cleveland County Board of Education shall retain an attorney or attorneys to serve as legal counsel to the board. The attorney shall render advice to the superintendent upon request, conduct or assist with the conduct of school system litigation, and provide specialized legal services. The attorney shall attend board meetings and other school activities as requested.

LEGAL REF: G.S. 115C-36, -40, -47; Merger Plan

ADOPTED: August 9, 2004