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Escondido Union ESD |  BB  9200  Board Bylaws

Limits Of Authority   

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The Board of Education is the unit of authority over the district. It has broad but clearly limited powers. The exercise of its authority is restricted to the functions required or permitted by law, and then only when it acts in a legally constituted meeting.

Apart from the normal function as part of the unit, the board member has no individual authority. The board member may not commit the district to any policy, act, or expenditure. The board member cannot do business with the district served, nor should the board member have an interest in any contract with the school district in general. The board member represents and acts for the community as a whole and does not represent any factional segment of the community.

(cf. 9000 - Role of the Board)

(cf. 9005 - Governance Standards)

(cf. 9270 - Conflict of Interest)

No individual member of the board, by virtue of holding office, shall exercise any administrative responsibility with respect to the schools or as an individual command the services of any school employee. Individual board members shall submit requests for information to the superintendent. Information gathered by the superintendent or staff will be shared with all board members.

(cf. 1340 - Access to District Records)

(cf. 4112.6/4212.6/4312.6 - Personnel Files

(cf. 9011 - Disclosure of Confidential/Privileged Information)

Individual board members do not have the authority to resolve complaints. Any board member approached directly by a person with a complaint should refer the complainant to the superintendent or designee so that the problem may receive proper consideration and be handled through the appropriate district process.

(cf. 1312.1 - Complaints Concerning District Employees)

(cf. 1312.2 - Complaints Concerning Instructional Materials)

(cf. 1312.3 - Uniform Complaint Procedures)

(cf. 1312.4 - Williams Uniform Complaint Procedures)

(cf. 3320 - Claims and Actions Against the District)

(cf. 4031 - Complaints Concerning Discrimination in Employment)

(cf. 6159.1 - Procedural Safeguards and Complaints for Special Education)

No members of the board shall be asked to perform any routine or clerical duties which may be assigned to an employee, nor shall any board member become an employee of his/her district while serving on the board. Board members, as parents/guardians have the right to observe and/or volunteer in their district classrooms. Although this right is not affected upon election as a board member, a board member whose child is attending a district school should be aware of his/her role as a board member when interacting with district employees. Because his/her position as a board member may inhibit the performance of school personnel, the board member should inform the superintendent or principal before volunteering in his/her child's classroom.

(cf. 1240 - Volunteer Assistance)

(cf. 5020 - Parent Rights and Responsibilities)

(cf. 6020 - Parent Involvement)

Obligations of Board Members

Board members should hold the education of children and youth above any partisan principle, group interest, or personal interest.

Board members should understand their role and the programs offered by the district. They should study all agenda materials before the meeting, participate in the discussion of item which come before the board, vote on motions and resolutions, and abstain only for reasons stipulated in Education Code.

(cf. 9240 - Board Development)

(cf. 9320 - Meetings and Notices)

Board members shall refer board-related correspondence to the superintendent or designee for forward to the board or for placement on the board's agenda.

(cf. 9322- Agenda/Meeting Materials)

Board members and persons elected/appointed to the board, including those who have not yet assumed office, are responsible for complying with the requirements of the state's open meeting laws (Brown Act). The superintendent or designee shall provide a copy of the Brown Act to each board member and to anyone who is elected/appointed to the board.

Legal Reference:

EDUCATION CODE

7054 Use of district property

35010 Control of district; prescription and enforcement of rules

35100-35351 Governing boards, especially:.

35160-35184 Powers and duties

35291 Rules

35292 Visits to schools (Board members)

51101 Rights of parents/guardians

GOVERNMENT CODE

54950-54962 The Ralph M. Brown Act, especially:

54952.1 Member of a legislative body of a local agency

54952.7 Copies of chapter to members of legislative body

Management Resources:

CSBA PUBLICATIONS

CSBA Professional Governance Standards, 2000

Maximizing School Board Leadership: Boardsmanship, 1996

WEB SITES

CSBA: http://www.csba.org

Bylaw ESCONDIDO UNION SCHOOL DISTRICT

adopted: October 23, 2003 Escondido, California

revised: September 6, 2007