Sonoma County Board of Education. Policies of the Board

Transcription

1 Sonoma County Board of Education Policies of the Board

2 SERIES 0000 PHILOSOPHY, GOALS, OBJECTIVES AND COMPREHENSIVE PLANS BP 0000(a) MISSION... 1 BP 0200 GOALS... 3 BP 0410 NON-DISCRIMINATION IN COUNTY OFFICE PROGRAMS AND ACTIVITIES... 5 BP (a) CHARTER SCHOOLS: PART ONE: PROCESS... 8 BP (b) CHARTER SCHOOLS: PART TWO: CHARTER SCHOOL PETITION TO SERVE STUDENTS OF THE COUNTY OFFICE BP 0420(c) CHARTER SCHOOLS PART THREE: COUNTY-WIDE CHARTER PETITION BP 0420(d) CHARTER SCHOOLS PART FOUR: CHARTER PETITION APPEALS BP (e) CHARTER SCHOOLS PART FIVE: MONITORING AND SUPERVISION BP (f) CHARTER SCHOOLS PART SIX: REVOCATION BP 0460 LOCAL CONTROL AND ACCOUNTABILITY PLAN BP 0510 SCHOOL ACCOUNTABILITY REPORT CARD SERIES 1000 COMMUNITY RELATIONS BP 1220(a) COMMUNITY RELATIONS BP 1220(b) MEETINGS OF COMMUNITY ADVISORY COMMITTEES BP 1330(a) USE OF SCHOOL FACILITIES SERIES 2000 ADMINISTRATION BP 2000(a) ADMINISTRATION OF THE OFFICE BP 2110(a) SUPERINTENDENT RESPONSIBILITIES AND DUTIES BP 2110(b) MINI-GRANTS TO ENHANCE CLASSROOM INSTRUCTION AND/OR STUDENT LEARNING BP 2110(c) LEGAL ADVICE AND REPRESENTATION BP 2111 SCHOOL AND COLLEGE LEGAL SERVICES JPA BP 2121(a) SALARY OF SONOMA COUNTY SUPERINTENDENT OF SCHOOLS BP 2121(b) COUNTY SUPERINTENDENT BENEFITS SERIES 3000 BUSINESS AND NONINSTRUCTIONAL OPERATIONS BP 3100(a) BUDGET BP 3270(a) PURCHASE, SALE AND DISPOSAL OF BOOKS, EQUIPMENT, AND SUPPLIES BP 3280(a) PURCHASE/LEASE OF SALE/DISPOSAL OF REAL PROPERTY BP 3290(a) ACCEPTANCE OF GIFTS BP 3320(a) CLAIMS AND ACTIONS AGAINST BOARD OF EDUCATION BP 3325(a) FILING OF PUBLIC AGENCY STATEMENT OF FACTS BP 3350(a) TRAVEL EXPENSES BP 3460 GUIDELINES FOR SPECIAL RESERVE FUND BP (a) TOBACCO-FREE ENVIRONMENT BP (a) RECOVERY FOR PROPERTY LOSS OR DAMAGE BP (c) REPAIR OR REPLACEMENT OF EMPLOYEE PROPERTY BP 3600(a) HIRING OF CONSULTANT WHICH COUNTY SUPERINTENDENT OF SCHOOLS HAS AN INTEREST SERIES 4000 PERSONNEL BP 4000(a) PERSONNEL REPORT BP 4010(a) EQUAL EMPLOYMENT OPPORTUNITY POLICY BP 4020(a) DRUG AND ALCOHOL FREE WORKPLACE BP 4100(a) DUTIES PERTAINING TO CERTIFICATED PERSONNEL BP 4100(b) HEALTH INSURANCE FOR ELIGIBLE RETIRED MANAGEMENT AND CONFIDENTIAL EMPLOYEES BP , , (a) SEXUAL HARASSMENT POLICY BP , , (a) EMPLOYEES WITH INFECTIOUS DISEASE BP 4131(a) INSTITUTES BP (a) FINANCIAL IMPACTS OF COLLECTIVE BARGAINING BP 4151, 4251(a) DISCLOSURE OF SIGNIFICANT ADJUSTMENTS TO EMPLOYEE SALARY OR BONUSES BP 4156 EMPLOYEE AWARDS AND RECOGNITION BP 4200(a) DUTIES PERTAINING TO CLASSIFIED EMPLOYEES i

3 SERIES 5000 STUDENTS BP 5021 NONCUSTODIAL PARENTS BP 5022(a) STUDENT AND FAMILY PRIVACY RIGHTS BP 5030(a) STUDENT WELLNESS POLICY BP STUDENT LEAVE OF ABSENCE BP CLOSED CAMPUS BP COUNTY SCHOOL ATTENDANCE REVIEW BOARD BP (a) WORK PERMITS BP 5117(a) INTERDISTRICT ATTENDANCE APPEALS BP 5118 OPEN ENROLLMENT STUDENTS BP 5119(a) EXPULSION OF PUPIL BP 5124(a) COMMUNICATION WITH PARENTS/GUARDIANS BP RELEASE OF STUDENT DIRECTORY INFORMATION BP 5127 GRADUATION CEREMONIES AND ACTIVITIES BP 5131 STUDENT CONDUCT BP STUDENT DISTURBANCES BP TOBACCO, NICOTINE AND SMOKING BP INFECTIOUS DISEASES BP HEALTH EXAMINATIONS BP (a) CHILD ABUSE PREVENTION AND REPORTING BP 5143 INSURANCE BP (a) FREEDOM OF SPEECH/SELF EXPRESSION BP PARENTAL NOTIFICATIONS BP 5146 WILLIAMS UNIFORM COMPLAINT COMPLIANCE BP 5150 ALTERNATIVE EDUCATION PROGRAMS SAFE SCHOOL PLAN SERIES 6000 INSTRUCTION BP 6010 GOALS AND OBJECTIVES BP 6011 ACADEMIC STANDARDS BP 6020 PARENT INVOLVEMENT BP 6030 INTEGRATED ACADEMIC AND VOCATIONAL INSTRUCTION BP PHYSICAL EDUCATION BP (a) STUDENT PROMOTION, INTERVENTION OR RETENTION BP MATHEMATICS INSTRUCTION BP SCIENCE INSTRUCTION BP HIGH SCHOOL GRADUATION REQUIREMENTS BP ALTERNATIVE CREDITS TOWARDS GRADUATION BP RECIPROCITY OF ACADEMIC CREDIT BP 6158(a) INDEPENDENT STUDY BP (a) SPECIAL EDUCATION PROGRAM COORDINATION BP (a) AUDIOVISUAL EQUIPMENT AND TECHNOLOGY REPAIRS FOR AGENCIES OTHER THAN PUBLIC SCHOOLS BP TOXIC ART SUPPLIES BP STUDENT ASSESSMENT BP (a) STANDARDIZED TESTING AND REPORTING PROGRAM BP ANIMALS AT SCHOOL BP (a) INTERNET ACCESS BP STUDENT SUCCESS TEAMS BP 6171 TITLE I PROGRAMS BP 6173 EDUCATION FOR HOMELESS CHILDREN BP/SP 6174 EDUCATION FOR ENGLISH LANGUAGE LEARNERS BP 6178 VOCATIONAL EDUCATION BP 6178(a) COMMUNITY SCHOOLS BP (a) WORK PERMITS BP 6300(a) APPROVAL OF ESTABLISHMENT OF CHILDREN S CENTERS BY COUNTY SUPERINTENDENT ii

4 SERIES 7000 FACILITIES BP 7131(a) FACILITY MITIGATION BP 7310 NAMING OF FACILITY SERIES 9000 BOARD BYLAWS BB 9000 (a) SOURCE OF POWER BB 9001 DISCLOSURE OF CONFIDENTIAL/PRIVILEGED INFORMATION BB 9005(a) GOVERNANCE BB 9100(a) ANNUAL MEETING BB 9121(a) THE PRESIDENT OF THE BOARD BB (a) ELECTION OF VICE PRESIDENT BB 9122(a) THE SUPERINTENDENT BB 9122(b) VACANCY IN OFFICE OF SUPERINTENDENT BB (a) PRESIDENT PRO TEMPORE BB 9130 STANDING COMMITTEES BB 9220(a) ELECTION OF MEMBERS BB 9223(a) VACANCIES ON THE BOARD BB 9224(a) OATH OF OFFICE BB 9230(a) RECORD OF PROCEEDINGS BB 9231 BOARD CANDIDATE ORIENTATION BP 9240 PROFESSIONAL DEVELOPMENT BB 9250(a) COMPENSATION OF MEMBERS FOR MEETINGS BB 9260 LIABILITY INSURANCE BB 9270 CONFLICT OF INTEREST BB 9311(a) BOARD POLICIES BB 9312(a) ESTABLISHMENT, CONSTRUCTION AND ADOPTION BB 9314(a) SUSPENSION AND WAIVING OF RULES BB 9320(a) OPEN MEETING LAW REQUIREMENTS BB 9321(a) CLOSED SESSION PURPOSES AND AGENDA BB (a) REPORTING CLOSED SESSION ACTIONS BB 9322 (a) AGENDAS BB 9323(a) RULES OF ORDER BB 9324(a) MINUTES OF THE BOARD BB 9325 COUNTY BOARD MEMBER USE OF TECHNOLOGY BB 9400 BOARD SELF-ASSESSMENT EXHIBIT SONOMA COUNTY BOARD OF EDUCATION SELF-ASSESSMENT iii

5 Board Policies BP 0000 Philosophy, Goals, Objectives and Comprehensive Plans Sonoma County Board of Education Board Policies Series 0000 Philosophy, Goals, Objectives and Comprehensive Plans

6 Board Policies BP 0000 Philosophy, Goals, Objectives and Comprehensive Plans BP 0000(a) Mission The Sonoma County Office of Education s mission is to foster student success through service to students, schools and the community. Legal Reference: Education Code section Date Adopted: (Adopted as Rule 9.1) Date Support of Local Control By the adoption of these rules, the Sonoma County Board of Education declares that it is in the interest of the people of said County that it is the policy of the Board that its actions and the actions of its ex-officio Clerk of the Board and executive officer shall be to continually seek ways and means to support and strengthen the school districts of Sonoma County and their governing boards, and in no way hamper or burden the districts, their boards, their officers or employees. The Board believes in and supports the concepts of strong local control and will work to that end in the development of its rules. Legal Reference: Education Code section Date Adopted: (Adopted as Rule 9.1.5) Date Belief in the Importance of Public Education and the Individual The Board, by the adoption of these rules, recognizes the important contributions of education to the maintenance and growth of American democracy and reaffirms its strong belief that the free public schools of our nation must provide equal educational opportunity for all children and youth. The Board believes that the fundamental purpose of free public education is to provide the tools, techniques, attitudes, and values by which each child can survive and prosper as a free person in an environment subject to rapid change. Legal Reference: Education Code section Date Adopted: (Adopted as Rule 9.2) Date Responsibility of County Superintendent The Board, by the adoption of these rules, further declares that it is the prerogative and responsibility of the County Superintendent of Schools to operate and manage the Sonoma 1

7 Board Policies BP 0200 Philosophy, Goals, Objectives and Comprehensive Plans County Office of Education Program. He shall be director of the program in practice as well as in name. The Board, in adopting these rules, gives full recognition to the requirements and restrictions placed on it and the superintendent by state law and the availability of financial resources. Legal Reference: Education Code section 1040 et seq., 1080 et seq., 1240 et seq. Date Adopted: (Adopted as Rule 9.4) Date Channels of Operation The Board, by the adoption of these Rules, declares its intention that all problems, proposals, requests, and the like, which may be of concern to the Board, and which emanate from the Superintendent's staff, other State, County and District officials, school district officers and employees, parents of children attending public schools of the County, and the public in general, shall be channeled through the County Superintendent of Schools, and further, that any and all decisions, directives or business of any kind affecting the districts, the personnel or the public resulting from action of the Board shall be channeled by it through the office of the County Superintendent of Schools. The Board and the County Superintendent of Schools shall collaborate with each other and respect each other s roles in the proper functioning of the County Office of Education. Legal Reference: Education Code section 1040 et seq., 1080 et seq., 1240 et seq., Date Adopted: (Adopted as Rule 9.5) Date November 6,

8 Board Policies BP 0200 Philosophy, Goals, Objectives and Comprehensive Plans BP 0200 Goals As part of the Board's responsibility to set direction for the Sonoma County Office of Education, the Board shall adopt long-term goals focused on promoting the success of public education. The Board's goals shall be aligned with SCOE s vision, mission, philosophy, and priorities, and shall be limited in number so as to be reasonably achievable within established timelines. During the month of January in odd numbered years, the Board shall review the Goals and Objectives to ensure conformity with legal mandates, community needs, program priorities, and SCOE s vision and mission. If the Board determines that the Goals and Objectives need to be updated, the Board shall set a timeline for the completion of the updates. The Board shall periodically review the progress towards the Goals and Objectives. In developing goals and identifying strategies to achieve these goals, the Board shall solicit input and review from key stakeholders. The Board shall also review and consider quantitative and/or qualitative data, including data disaggregated by student subgroup and school site, to ensure that the Board s goals are aligned with student needs. Goals shall be established for all students and each numerically significant subgroup as defined in Education Code 52052, which may include ethnic subgroups, socioeconomically disadvantaged students, English learners, students with disabilities, and foster youth, and shall address each of the state priorities identified in Education Code and any additional local priorities established by the Board. These goals shall be incorporated into SCOE s local control and accountability plan (LCAP). (Education Code 52060, 52062, 52063; 5 CCR 15497) The LCAP shall include a clear description of each goal, one or more of the state or local priorities addressed by the goal, any student subgroup(s) or school site(s) to which the goal is applicable, and expected progress toward meeting the goal for the term of the LCAP and in each year. (5 CCR 15497) Each year SCOE s update to the LCAP shall review progress toward the goals and describe any changes to the goals. (Education Code ) In addition to the goals identified in the LCAP, and consistent with those goals, the County Office and each school site may establish goals for inclusion in another County Office or school plan or for any other purpose. Such goals may address the improvement of governance, leadership, fiscal integrity, facilities, community involvement and collaboration, student wellness and other conditions of children, and/or any other areas of County Office or school operations. As appropriate, each goal shall include benchmarks or short-term objectives that can be used to determine progress toward meeting the goal. cf. BP 0460(a), BP 6159, BP 6174, BP 5030, BP

9 Board Policies BP 0200 Philosophy, Goals, Objectives and Comprehensive Plans Legal Reference: Education Code sections 17002, , , 51002, 51004, 51020, 51021, 51041, 51210, 51220, , 52052, , 60119, ; California Code of Regulations, Title 5, section 15497; United States Code, Title 20, sections 6311, 6312 Date Adopted: Date July 1, 2010; June 6, 2013, September 4,

10 Board Policies BP 0410 Philosophy, Goals, Objectives and Comprehensive Plans BP 0410 Non-Discrimination in County Office Programs and Activities The Sonoma County Superintendent of Schools is committed to providing equal opportunity for all individuals in education. Sonoma County Office of Education programs, activities, and practices shall be free from discrimination based on race, color, ancestry, national origin, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity or expression, or genetic information; the perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics. (cf. SP Nondiscrimination in Employment) (cf. SP Reasonable Accommodation) (cf. SP Lactation Accommodation) (cf. SP / / Sexual Harassment) (cf. SP /4261.8/ Family Care and Medical Leave) (cf. SP Bullying) (cf. SP Nondiscrimination/Harassment) (cf. SP Sexual Harassment) (cf. SP Married/Pregnant/Parenting Students) (cf. SP Athletic Competition) (cf. SP Identification and Evaluation of Individuals for Special Education) (cf. SP Identification and Education Under Section 504) (cf. SP Career Technical Education) (cf. SP Adult Education) Annually, the County Superintendent or designee shall review County Office programs and activities to ensure the removal of any barrier that may unlawfully prevent an individual or group in any of the protected categories stated above from accessing County Office programs and activities, including the use of facilities. He/she shall take prompt, reasonable actions to remove any identified barrier. The County Superintendent or designee shall report his/her findings and recommendations periodically. (cf. SP Use of Facilities) Pursuant to 34 CFR and 34 CFR 106.9, the County Superintendent or designee shall notify students, parents/guardians, employees, employee organizations, applicants for admission and employment, and sources of referral for applicants about the County Office's policy on nondiscrimination and related complaint procedures. Such notification shall be included in each announcement, bulletin, catalog, handbook, application form, or other materials distributed to these groups. (cf. SP Uniform Complaint Procedures) (cf. SP Complaints Concerning Discrimination in Employment) (cf. SP /4212.9/ Employee Notifications) 5

11 Board Policies BP 0410 Philosophy, Goals, Objectives and Comprehensive Plans (cf. SP Parental Notifications) The County Office's nondiscrimination policy and related informational materials shall be published in a format that parents/guardians can understand. In addition, when 15 percent or more of a school's students speak a single primary language other than English, those materials shall be translated into that other language. Access for Individuals with Disabilities County Office programs and facilities, viewed in their entirety, shall be in compliance with the Americans with Disabilities Act and any implementing standards and/or regulations. The County Superintendent or designee shall ensure that the County Office provides appropriate auxiliary aids and services when necessary to afford individuals with disabilities equal opportunity to participate in or enjoy the benefits of a service, program, or activity. These aids and services may include, but are not limited to, qualified interpreters or readers, assistive listening devices, note-takers, written materials, taped text, and Braille or large print materials. Individuals with disabilities shall notify the County Superintendent or principal if they have a disability that requires special assistance or services. Reasonable notification should be given prior to the school-sponsored function, program, or meeting. Legal Reference: EDUCATION CODE Prohibition of discrimination Notices to parents in language other than English Legislative intent: state policy GOVERNMENT CODE Definitions Nondiscrimination in programs or activities funded by state Rules and regulations Fair Employment and Housing Act Brown Act compliance with Americans with Disabilities Act PENAL CODE Definition of hate crime Interference with constitutional right or privilege CODE OF REGULATIONS, TITLE Uniform complaint procedures Nondiscrimination in elementary and secondary education programs UNITED STATES CODE, TITLE Individuals with Disabilities in Education Act Discrimination based on sex or blindness, Title IX Carl D. Perkins Vocational and Applied Technology Act 6311 State plans 6

12 Board Policies BP 0410 Philosophy, Goals, Objectives and Comprehensive Plans 6312 Local education agency plans UNITED STATES CODE, TITLE Section 504 of the Rehabilitation Act of 1973 UNITED STATES CODE, TITLE d-2000d-7 Title VI, Civil Rights Act of e-2000e-17 Title VII, Civil Rights Act of 1964 as amended 2000h-2000h-6 Title IX Americans with Disabilities Act CODE OF FEDERAL REGULATIONS, TITLE Americans with Disabilities Act Auxiliary aids and services CODE OF FEDERAL REGULATIONS, TITLE Nondiscrimination in federal programs, effectuating Title VI Section 504 of the Rehabilitation Act of Discrimination on the basis of sex, effectuating Title IX, especially: Dissemination of policy Management Resources: CSBA PUBLICATIONS Providing a Safe, Nondiscriminatory School Environment for Transgender and Gender- Nonconforming Students, Policy Brief, February 2014 Interim Guidance Regarding Transgender Students, Privacy, and Facilities, September 27, 2013 Safe Schools: Strategies for Governing Boards to Ensure Student Success, 2011 U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS Notice of Non-Discrimination, January 1999 Protecting Students from Harassment and Hate Crime, January 1999 Nondiscrimination in Employment Practices in Education, August 1991 U.S. DEPARTMENT OF JUSTICE PUBLICATIONS 2010 ADA Standards for Accessible Design, September 2010 WEB SITES CSBA: California Department of Education: Safe Schools Coalition: Pacific ADA Center: U.S. Department of Education, Office for Civil Rights: U.S. Department of Justice, Civil Rights Division, Americans with Disabilities Act: Date Adopted: (Adopted as Rule 106.5) Date February 2009; July 2010; February 5,

13 Board Policies BP (a) Philosophy, Goals, Objectives and Comprehensive Plans BP (a) Charter Schools: Part One: Process The following provisions shall set forth the process by which all petitions submitted to the Sonoma County Board of Education will be reviewed and acted upon. This includes petitions submitted directly to the County Board, appeals and renewals. It is anticipated that petitions when submitted are in final form including a detailed multi-year operational budget. The County Board may authorize non-substantive changes to the petition as part of its review and prior to final action to approve or deny. Substantive or material changes will require resubmission of the petition. A. Process 1. Upon receipt of a petition a designated employee of the SCOE shall date stamp the cover page of the submitted materials. A complete charter school petition shall include all of the information referenced in the Charter Schools Act and applicable Board policy by which the Board of Education may evaluate the application. While a charter school petition may be submitted at any time during the year, petitioners are encouraged not to submit a petition during a period when a regular Board of Education meeting is not scheduled within the next 30 days. In addition, petitioners seeking approval to commence charter school operation at the start of the next school year are encouraged to initiate the process not later than the prior December 15 th. In the case of petitions received after that date, the Board of Education reserves the right to consider approval on the basis of a one year delay in the commencement of charter school operation. 2(a) Not later than 30 days after receiving the complete charter school petition, the Board shall hold a public hearing on the provisions of the charter, at which time the level of support for the petition by teachers of the SCOE, other employees of the SCOE and parents, shall be considered. Charter applicants shall appear and provide testimony to the Board of Education. Notice of the hearing will be provided to each bargaining unit representing the employees of the SCOE. For an appeal the public hearing shall also hear and consider the level of support from applicable District staff and parents. For a county wide charter submitted pursuant to Education Code section , the Board shall hold a public hearing within 60 days. 2(b) At the same meeting at which the public hearing is held the Board may also consider whether to appoint an ad hoc committee of the Board, composed solely of Board members constituting less than a quorum of the Board, to review the petition, meet with the petitioners and other interested parties, and prepare a recommendation to the Board. 8

14 Board Policies BP (a) Philosophy, Goals, Objectives and Comprehensive Plans 2(c) The Superintendent shall assign appropriate staff members to review the petition and assist the County Board with the review. 3. Within 60 days of receipt of the petition, or 90 days based upon agreement between the applicant and the SCOE, the Board shall either grant or deny the petition. For a county wide charter submitted pursuant to Education Code section , the County Board shall take action to either grant or deny the petition within 90 days. This timeline may be extended by an additional 30 days by mutual agreement. The Board may also approve the petition while noting certain conditions that the Board deems reasonable and rationally related to increasing the likelihood of success for the charter school and/or compliance with law. While the Board may approve the petition and specify a term (length of approved charter school petition), the charter school shall not open unless/until the conditions are addressed. In that case, the Charter Schools Section of the State Department of Education, and other agencies as required by law, will be notified that the charter has been approved with conditions. The conditions cited by the Board of Education will be addressed in the Memorandum of Understanding or Operating Agreement to be developed between the charter school applicant and the Superintendent or designee. In the event that an agreement cannot be developed and signed prior to receipt by the State Board of Education and the Superintendent of Public Instruction, the Superintendent, or designee, will so inform the State Department of Education and the charter school shall not open. Further, the Superintendent and the Board of Education will consider whether failure to reach agreement with the charter school applicant regarding the conditions noted by the Board of Education also constitutes cause for charter revocation. 4. Memorandum of Understanding (MOU)/Operating Agreement (OA): Either contemporaneous with the petition review process or immediately after a petition is approved, the County Board, the County Superintendent and Petitioners shall enter into an MOU/OA that details the business relationship of the parties, conditions if any, and any other mutually agreed upon terms. Legal Reference: Education Code sections ; ; 41365, 42100, ; 44237, , , 46201, et. seq.,, ; Government Code ; ; Penal Code 667.5, ; Code of Regulations Title , ; United States Code Title ; Attorney General Opinions 78 Ops. Cal Atty Gen 297 (1995); 89 Ops. Cal Atty Gen 166 (2006); 80 Ops. Cal Atty Gen 52 (1997) Date Adopted: August 5, 1999 (Adopted as Rule 111.1) Date October 4, 2001; June 24, 2004; May 3, 2007; May 15, 2008; June 25,

15 Board Policies BP (b) Philosophy, Goals, Objectives and Comprehensive Plans BP (b) Charter Schools: Part Two: Charter School Petition to serve students of the County Office The following provisions of policy shall pertain to petitions submitted directly to the Sonoma County Board of Education for charter schools proposing to serve students for whom the Sonoma County Office of Education would otherwise be responsible for providing direct education and related services. Charter Proposals will be evaluated based upon this policy, applicable law and regulation, as well as the Model Charter School Application adopted by the State Board of Education. It is anticipated that petitions when submitted are in final form including a detailed multiyear operational budget. The County Board may authorize non-substantive changes to the petition as part of its review and prior to final action to approve or deny. Substantive or material changes will require resubmission of the petition. In order to assist in the process of charter development, potential applicants are encouraged to obtain a copy of this Board Policy, an updated evaluation form (matrix) as well as information regarding the general contents of a sample memorandum of understanding, which is normally considered at the same time as the charter proposal. (See Section G.3). It is the objective of the Board of Education that teachers, parents, pupils and community members may petition the Board to approve a charter school. Accordingly, in order to implement state law fully and fairly, and to provide petitioners with a thorough description of how the Sonoma County Board of Education will meet its obligations under law, the Board adopts the following. A. Petition A petition to the Board of Education to approve a charter school shall include the following information: 1. A brief cover letter indicating desire to operate a charter school and list of contact people, along with the name, address and phone number of each responsible contact person (s). 2. A thorough description of the education, work experience, credentials, degrees and certifications and knowledge level about special education of the individuals comprising, or proposed to comprise, the directors, administrators and managers of the proposed charter school. 3. The By-laws, articles of incorporation and other management documents, as applicable, governing, or proposed to govern, the charter school. The information in 10

16 Board Policies BP (b) Philosophy, Goals, Objectives and Comprehensive Plans this section should specify that the charter school will be subject to the Brown Act, the Public Records Act, as well as the Conflict of Interest provisions which also apply to members of a board of education. The Board of Education will give preference to proposals which specify that the charter school will be operated as, or be operated by, a nonprofit public benefit corporation. The information shall also include the number of regular board meetings to be held each year and confirm that all shall be held within Sonoma County. 4. A list of consultants whom the charter school has engaged, or proposes to engage, for the purpose of developing, operating and evaluating the charter school, together with a thorough description of the qualifications of such consultants. 5. The names, addresses and telephone numbers of those persons endorsing the proposal with original signatures of such petitioners and in the numbers provided in Section of the State Education Code (hereinafter Code). The petition form must also indicate that a copy of the charter school proposal was attached so that petitioners were able to review it prior to signing. Parents/guardians signing a petition must have one or more children who are age appropriate for the proposed charter school and shall list the names of the age appropriate students. Teachers signing a petition must be properly credentialed to teach one or more core academic classes in the proposed charter school and shall list their credentials. 6. A charter school proposal including reasonably comprehensive descriptions of those elements of school philosophy, curriculum and practice as called for in Section 47605(b)(5)(A) through 47605(b)(5)(P) inclusive of the Education Code. a. As part of the description the petition shall address how its program meets the intent specified in Education Code section b. The petition shall include a thorough description of a full curriculum for one course or grade level that is aligned with academic content standards. c. The petition shall describe the delivery of special education services, proposed responsibilities of the county office, funding and contribution provisions to support such services. d. The petition shall identify grade levels to be served and address any issue about conformance with state law regarding grade levels offered by chartering authority compared to those offered in petition. 7. A description of the proposed assessment program related to the school's measurable pupil outcomes. This description should include a discussion of how the charter school shall meet all charter petition goals and all statewide standards and conduct the pupil assessments required pursuant to Education Code Section and any other 11

17 Board Policies BP (b) Philosophy, Goals, Objectives and Comprehensive Plans statewide standards authorized in statute or pupil assessments applicable to pupils in non-charter public schools. 8. A signed statement affirming that the school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, not require donations and shall not discriminate against any person on the basis of race, ethnicity, nationality, gender, gender identity, gender expression, religion, sexual orientation, disability or association with a person or group with one or more of these actual or perceived characteristics, as set forth in Section 47605(d)(1) of the Code. 9. Location of Charter School: The address of the charter school if known. In the event that a location has not been determined, provide the address of the sites in consideration for use by the petitioners. In addition, provide a description of the facility components that are required for the full and safe operation of the proposed charter school, such as number and size of classrooms, size of outdoor space, number of offices, kitchen area, eating areas, etc. The facilities must comply with the California Building Code as adopted and enforced by the local building enforcement agency. Petitioners shall indicate whether they intend to comply with the Field Act. 10. A description of the proposed charter school's building maintenance, replacement, and expansion policies, including related financial projections. 11. Current financial statements for the charter school, including a detailed balance sheet and statements of income and expense shall be included in cases of renewal applications. 12. A detailed, complete, and fully annotated (detail all assumptions) operational budget with estimates of charter school revenues and expenditures, cash-flows, and reserve positions, for the first three years of operation, including startup costs and the precise salary and benefits paid and to be paid to the persons or positions identified in paragraphs A(1), A(2), A(4), and A(13) of this policy. a. A written commitment that all state and federal funds shall be maintained within the County Treasury and not in private bank accounts. b. Recognition that money received by the charter school by donation shall not be included in charter school operational budget unless the charter school has actual receipt of such finds or an irrevocable guarantee of such receipt. c. A written commitment that any foundation or other enterprise developed to support the charter school financially shall be subject to the same audit requirement as the charter school. 12

18 Board Policies BP (b) Philosophy, Goals, Objectives and Comprehensive Plans d. A minimum reserve as required for a district of similar size or as otherwise required by state law. e. A commitment that all private bank accounts used by a foundation, corporation or the charter school are subject to public records requests, and full disclosure to the County Board and County Superintendent. 13. An attorney's opinion or a narrative from the charter school applicant providing a thorough description of the potential civil liability, if any, of the charter school and the Sonoma County Board and Sonoma County Office of Education. 14. Insurance Requirements Subject to Extension by the Board, the following insurance shall be available within 10 days of approval: a. The Charter School shall maintain, in full force comprehensive commercial liability insurance for schools including bodily injury and property damage, educator s legal liability including educational wrongful acts, directors and executive officers wrongful acts, employment practices wrongful acts and employee benefits wrongful acts and commercial auto insurance including liability covering bodily injury and property damage and comprehensive and collision physical damage. All policies and insurance carriers must be acceptable to County Office and be written on an occurrence based form. The Charter School must provide workers compensation and employer s liability coverage for all employee and volunteers. b. The insurance shall be in the following amounts: comprehensive liability with a combined single limit with per occurrence limits of not less than $15,000,000 and commercial auto policy covering all autos including non owned and hired automobiles with per occurrence limits of not less than $1,000,000 for employers liability. Any exception to these limits are subject to the Risk Management approval. c. The Charter School shall maintain in full force All Risk Property Insurance on all buildings and contents which are owned or leased or for which you are legally liable, with replacement cost and agreed amount, business income and extra expense, and equipment breakdown coverage and crime insurance as appropriate for the School. d. The Charter School shall provide the County Office with a Certificate of Insurance as evidence of all required in force insurance ad an endorsement naming the County Office, County Superintendent its officers, employees and agents as an additional insured with regard to liability arising out of the Charter School s activities carried out under the terms of this agreement. The Certificate of Liability Insurance and the additional insured endorsement shall be submitted to the County Office by July 1 st of each year. 13

19 Board Policies BP (b) Philosophy, Goals, Objectives and Comprehensive Plans 15. A summary of the administrative structure, specific number of board members and organization of the school and recognition that employees of the charter schools shall not be members of the governing board of the charter school. The summary should specifically include school district liaison, special education and other basic elements of school operation. 16. The proposed academic calendar including: days of instruction, hours of operation, location of instruction, expectations for pupil attendance and annual instructional minutes for each grade level to be served. 17. The manner, format and content by which the charter school proposes to regularly report to the Sonoma County Office of Education, concerning implementation of the approved charter, measurable student progress, as well as the current and projected financial viability of the school. It is expected that during the first few years of charter school operation the financial oversight will be more extensive than after a charter school has clearly established its financial viability. 18. The proposal shall also include a detailed review of the annual budget development, implementation and review process. This detailed review shall include the process by which the charter school leadership and governance team will monitor and report regarding the continuing financial solvency of the school including: a. A preliminary budget on or before July 1 each year. b. An interim financial report, reflecting changes through October 31, on or before December 15 each year. c. A second interim financial report, reflecting changes through January 31, on or before March 15 each year. d. A final unaudited, financial report for the full prior year on or before September 15 each year. 19. The augmented plans to insure the health and safety of students and staff beyond those listed under Required Element F. These plans are to address any plans for additional tuberculosis screening, student supervision, safety training for staff, as well as requirements regarding immunization screening. At a minimum it is expected that fingerprint clearance, tuberculosis examinations and other health and safety standards will conform to the personnel standards of the Sonoma County Office of Education including parent and community volunteer screening and clearance. The plan should acknowledge that the Charter School is subject to applicable direction from the Public Health Department. 14

20 Board Policies BP (b) Philosophy, Goals, Objectives and Comprehensive Plans 20. Education Code Section 47605(b)(5)(P) calls for a description of the procedures to be used if the charter school closes. The Board of Education expresses a preference for procedures which include a provision whereby residual assets of the charter school will accrue to the benefit of the Sonoma County Office of Education or a local district. Residual assets shall not be given to a corporation or foundation and shall not be allocated in such a manner as to constitute an unlawful gift of public funds. 21. If the school will serve high school students, the proposal must include a description of how the charter school will inform parents about the transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements. The petition shall include information about intent and timeline for accreditation. 22. A description of charter school admission requirements and procedures. Such procedures must demonstrate an open, arm s length process whereby all applicants may be assured of a fair opportunity for admission. 23. Independent/Home Study Programs. In the event that the petition proposes a nonclassroom based education program as part of its program, the petition shall include all required policies regarding attendance accounting and a full description in the petition about how attendance will be credited and reported. In addition, the petition must specify credential requirements for teachers for each grade level. B. Denial of Petition - Findings It is the intent of the Board that charter schools with sound educational practice should be encouraged. The Board shall deny a petition only if the Board makes written factual findings, specific to the particular petition, setting forth specific facts to support one, or more, of the following findings: 1. The charter school presents an unsound educational program for the pupils to be enrolled in the charter school. 2. The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition. 3. The petition does not contain the number of signatures required by the Code (paragraph 47605(b)(3) of the Code). 4. The petition does not contain an affirmation of each of the conditions set forth in Section 47605(d) of the Code. 15

21 Board Policies BP (b) Philosophy, Goals, Objectives and Comprehensive Plans 5. The petition does not contain reasonably comprehensive descriptions of all the information required under paragraph A(6) of this policy (paragraph 47605(b)(5) of the Education Code). Legal Reference: Education Code sections ; ; 41365, 42100, ; 44237, , , 46201, et. seq.,, ; Government Code ; ; Penal Code 667.5, ; Code of Regulations Title , ; United States Code Title ; Attorney General Opinions 78 Ops. Cal Atty Gen 297 (1995); 89 Ops. Cal Atty Gen 166 (2006); 80 Ops. Cal Atty Gen 52 (1997) Date Adopted: August 5, 1999 (Adopted as Rule 111.2) Date June 24, 2004; May 3, 2007; May 15, 2008; June 25,

22 Board Policies BP 0420(c) Philosophy, Goals, Objectives and Comprehensive Plans BP 0420(c) Charter Schools Part Three: County-Wide Charter Petition The following provisions of policy shall pertain to petitions submitted directly to the Sonoma County Board of Education for county-wide charter schools proposing to provide student instructional services that are not generally provided by a county office of education. The Board of Education will only approve such petitions if it finds, in addition to other requirements of law, that the educational services to be provided by the charter school will offer services to a pupil population that will benefit from those services and that cannot be served as well by a charter school that operates in only one school district in the county. It is anticipated that petitions when submitted are in final form including a detailed multi-year operational budget. The County Board may authorize non-substantive changes to the petition as part of its review and prior to final action to approve or deny. Substantive or material changes will require a resubmission of the petition. In order to assist in the process of charter development, potential applicants are encouraged to obtain a copy of this Board Policy, updated evaluation form (matrix) as well as information regarding the general contents of a sample Memorandum of Understanding, which is normally considered at the same time as the charter proposal. (See Section G.3). It is the objective of the Board of Education that teachers, parents, pupils and community members may petition the Board to approve a charter school, and that the Board shall review such petitions in accordance with the applicable law, regulation and this Board Policy, as well as the Model Charter School Application adopted by the State Board of Education. Accordingly, in order to implement state law fully and fairly, and to provide petitioners with a thorough description of how the Sonoma County Office of Education will meet its obligations under law, the Board adopts the following. A. Petition A petition to the Board of Education to approve a county-wide charter school shall include the following information: 1. A brief cover letter indicating desire to operate charter school and providing a list of all contact people including address(es) and phone number(s). 2. A thorough description of the education, work experience, knowledge level of special education, credentials, degrees and certifications of the individuals comprising, or proposed to comprise, the directors, administrators and managers of the proposed charter school. 3. The By-laws, articles of incorporation and other management documents, as applicable, governing, or proposed to govern, the charter school. The information in 17

23 Board Policies BP 0420(c) Philosophy, Goals, Objectives and Comprehensive Plans this section should specify that the charter school will be subject to the Brown Act, the Public Records Act, as well as the Conflict of Interest provisions which also apply to members of the board of education. The Board of Education will give preference to proposals which specify that the charter school will be operated as, or be operated by, a nonprofit public benefit corporation. The information shall also include the number of regular board meetings to be held each year and confirm that all board meeting shall be held within Sonoma County. 4. A list of consultants whom the charter school has engaged, or proposes to engage, for the purpose of developing, operating and evaluating the charter school, together with a thorough description of the qualifications of such consultants. 5. The names, addresses and telephone numbers of those persons endorsing the proposal with original signatures of such petitioners and in the numbers provided in Section of the State Education Code including the requirement that each school district where the charter school proposes to operate a facility has received at least 30 days notice of the charter school proposal. The petition form must also indicate that a copy of the charter school proposal was attached such that petition signatories were able to review it prior to signing. Parents/guardians signing a petition must reside in Sonoma County and must have one or more children who are age appropriate for the proposed charter school and shall list the names of the age appropriate students. Teachers signing a petition must be properly credentialed to teach in the proposed charter school and shall list their credential(s). 6. A complete charter school proposal, including reasonably comprehensive descriptions of those elements of school philosophy, curriculum and practice as called for in Section (b)(5)(A) through (b)(5)(Q) inclusive of the Code. a. As part of these descriptions, the petition shall address how its program meets the intent specified in Education Code section b. A complete and detailed description of how special education programs and services as defined in the sample memorandum of understanding will be provided, as well as a description of related funding and contribution issues. c. A thorough description of a full curriculum for one course or grade level that is aligned with the state academic content standards shall be provided. d. The petition shall identify grade levels to be served and address any issue about conformance with state law regarding grade levels offered by chartering authority compared to those offered in petition. 7. A description of the proposed assessment program related to the school's measurable pupil outcomes. This description should include a discussion of how the charter school shall meet all charter petition goals and all statewide standards and conduct the pupil assessments required pursuant to Education Code Section and any other 18

24 Board Policies BP 0420(c) Philosophy, Goals, Objectives and Comprehensive Plans statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools. 8. A signed statement affirming that the school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, not require donations and shall not discriminate against any person on the basis of race, ethnicity, nationality, gender, gender identity, gender expression, religion, sexual orientation, disability or association with a person or group with one or more of these actual or perceived characteristics, as set forth in Section (d)(1) of the Code. 9. Location of Charter School: The address of the charter school if known. In the event that a location has not been determined, provide the address of the sites in consideration for use by the petitioners. In addition, provide a description of the facility components that are required for the full and safe operation of the proposed charter school, such as number and size of classrooms, size of outdoor space, number of offices, kitchen area, eating areas, etc. The facilities must comply with the California Building Code as adopted and enforced by the local building enforcement agency. Petitioners shall indicate whether they intend to comply with the Field Act. Petitioner must indicate the intended operational location of the charter school. 10. A description of the proposed charter school's building maintenance, replacement, and expansion policies, including related financial projections. 11. Current financial statements for the charter school, including a detailed balance sheet and statements of income and expense shall be included in cases of renewal applications. 12. A detailed, complete, and fully annotated (detail all assumptions) operational budget with estimates of charter school revenues and expenditures, cash-flows, and reserve positions, for the first three years of operation, including startup costs and the precise salary and benefits paid and to be paid to the persons or positions identified in paragraphs A(1), A(2), A(4), and A(13) of this policy. a. A written commitment that all state and federal funds shall be maintained within the County Treasury and not in private bank accounts. b. Recognition that money received by the charter school by donation shall not be included in charter school operational budget unless the charter school has actual receipt of such finds or an irrevocable guarantee of such receipt. c. A written commitment that any foundation or other enterprise developed to support the charter school financially shall be subject to the same audit requirement as the charter school. 19

25 Board Policies BP 0420(c) Philosophy, Goals, Objectives and Comprehensive Plans d. A minimum reserve as required for a district of similar size or as otherwise required by state law. e. A commitment that all private bank accounts used by a foundation, corporation or the charter school are subject to public records requests, and full disclosure to the County Board and County Superintendent. 13. Information regarding the operation and potential effects of the school, including an attorney's opinion, or a narrative from the charter school applicant, providing a thorough description of the potential civil liability effects, if any, on the charter school, any school district where the charter school may operate and upon the Sonoma County Board of Education and the Sonoma County Superintendent of Schools. 14. Insurance Requirements Unless extended by Board action, the following shall be available within 10 days of Petition approval: a. The Charter School shall maintain, in full force comprehensive commercial liability insurance for schools including bodily injury and property damage, educator s legal liability including educational wrongful acts, directors and executive officers wrongful acts, employment practices wrongful acts and employee benefits wrongful acts and commercial auto insurance including liability covering bodily injury and property damage and comprehensive and collision physical damage. All policies and insurance carriers must be acceptable to County Office and be written on an occurrence based form. The Charter School must provide workers compensation and employer s liability coverage for all employee and volunteers. b. The insurance shall be in the following amounts: comprehensive liability with a combined single limit with per occurrence limits of not less than $15,000,000 and commercial auto policy covering all autos including non owned and hired automobiles with per occurrence limits of not less than $1,000,000 for employers liability. Any exception to these limits are subject to the Risk Management approval. c. The Charter School shall maintain in full force All Risk Property Insurance on all buildings and contents which are owned or leased or for which you are legally liable, with replacement cost and agreed amount, business income and extra expense, and equipment breakdown coverage and crime insurance as appropriate for the School. d. The Charter School shall provide the County Office with a Certificate of Insurance as evidence of all required in force insurance ad an endorsement naming the County Office, County Superintendent its officers, employees and agents as an additional insured with regard to liability arising out of the Charter School s activities carried out under the terms of this agreement. The 20

26 Board Policies BP 0420(c) Philosophy, Goals, Objectives and Comprehensive Plans Certificate of Liability Insurance and the additional insured endorsement shall be submitted to the County Office by July 1 st of each year. 15. A summary of the administrative structure, specific number of board members and organization of the school and recognition that employees of the charter school shall not be members of the governing board of the charter school. The summary should specifically include school district liaison, special education and other basic elements of school operation. 16. The proposed academic calendar including: days of instruction, hours of operation, expectations for pupil attendance and annual instructional minutes for each grade level to be served. 17. The manner, format and content by which the charter school proposes to regularly report to the Sonoma County Office of Education concerning implementation of the approved charter, measurable student progress, as well as the current and projected financial viability of the school. It is expected that during the first few years of charter school operation the financial oversight will be more extensive than after a charter school has clearly established its financial viability. 18. The proposal shall also include a detailed review of the annual budget development, implementation and review process. This detailed review shall include the process by which the charter school leadership and governance team will monitor and report regarding the continuing financial solvency of the school including: a. A preliminary budget on or before July 1 each year. b. An interim financial report, reflecting changes through October 31, on or before December 15 each year. c. A second interim financial report, reflecting changes through January 31, on or before March 15 each year. d. A final unaudited, financial report for the full prior year on or before September 15 each year. 19. If the school will serve high school students, the proposal must include a description of how the charter school will inform parents about the transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements. The petition shall also include information about intent and timelines for accreditation. 20. A description of charter school admission requirements and procedures. Such procedures must demonstrate an open, arm s length process whereby all applicants may be assured of a fair opportunity for admission 21

27 Board Policies BP 0420(c) Philosophy, Goals, Objectives and Comprehensive Plans 21. The augmented plans to insure the health and safety of students and staff beyond those listed under Required Element G. These plans are to address any plans for additional tuberculosis screening, student supervision, safety training for staff, as well as requirements regarding immunization screening. At a minimum it is expected that fingerprint clearance, tuberculosis examination and other health and safety standards will conform to the personnel standards of the Sonoma County Office of Education, including parent and community volunteer screening for clearance. The plan should acknowledge that the Charter School is subject to applicable direction from the Public Health Department. 22. A description of the procedures to be used if the charter school closes. These procedures shall insure a final audit of the school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records. The Board of Education expresses a preference for procedures which include a provision whereby residual assets of the charter school will accrue to the benefit of the Sonoma County Office of Education or a local public school district. Residual assets shall not be given to a corporation or foundation and shall not be allocated in such a manner as to constitute an unlawful gift of public funds. 23. The Board of Education may also impose any additional requirements that it considers necessary for the sound operation of a countywide charter school including but not limited to personnel, fingerprinting, staff turnover, health and safety, financial issues, insurance requirements, reserves and/or special training requirements for staff and/or governing board. 24. Independent/Home Study. In the event that the petition proposes a non-classroom based education program as part of its program, the petition shall include all required policies regarding attendance accounting and a full description in the petition about how attendance will be credited and reported. In addition, the petition shall specify credential requirements for teachers for each grade level. B. Denial of Petition - Findings It is the intent of the Board that charter schools with sound educational practice should be encouraged. The Board shall deny a petition only if the Board makes written factual findings, specific to the particular petition, setting forth specific facts to support one, or more, of the following findings: 1. The charter school presents an unsound educational program for the pupils to be enrolled in the charter school. 2. The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition. 3. The petition does not contain the number of signatures required by the Code. 22

28 Board Policies BP 0420(c) Philosophy, Goals, Objectives and Comprehensive Plans 4. The petition does not contain an affirmation of each of the conditions set forth in Section (e)(1) of the Education Code. 5. The petition does not contain reasonably comprehensive descriptions of all the information required under paragraph A(6) of this policy. 6. The petition does not provide reasonable justification for why it could not be established by petition to a school district as provided by law. 7. The petition or proposed program is inconsistent with state law. 8. Any other basis that the Board of Education finds to justify the denial of the petition. C. Monitoring and Supervision of County Wide Charter School The provisions of Part Five of this policy shall apply in addition to the following: 1. The Board of Education may, as a condition of approval, enter into an agreement with a third party including SCOE, at the full expense of the charter school, to oversee, monitor, and report to the Board of Education on the operations of the charter school. In this case, the Board of Education may prescribe the aspects of the charter school operations to be monitored by the third party and may prescribe appropriate requirements regarding the reporting of information concerning the operations of the charter school to the Board of Education. 2. The SCOE shall charge, and the charter school shall pay for the actual costs of monitoring and supervision. Legal Reference: Education Code sections ; ; 41365, 42100, ; 44237, , , 46201, et. seq.,, ; Government Code ; ; Penal Code 667.5, ; Code of Regulations Title , ; United States Code Title ; Attorney General Opinions 78 Ops. Cal Atty Gen 297 (1995); 89 Ops. Cal Atty Gen 166 (2006); 80 Ops. Cal Atty Gen 52 (1997) Date Adopted: August 5, 1999 (Adopted as Rule 111.2) Date June 24, 2004; May 3, 2007; May 15, 2008; June 25,

29 Board Policies BP 0420(d) Philosophy, Goals, Objectives and Comprehensive Plans BP 0420(d) Charter Schools Part Four: Charter Petition Appeals The following provisions of policy shall pertain to petitions submitted to the Sonoma County Board of Education on appeal following a petition denial by the governing board of a school district in Sonoma County. The Sonoma County Board of Education shall conduct a full review on appeal. Charter appeals will be evaluated based upon this policy, applicable law and regulation, as well as the Model Charter School Application adopted by the State Board of Education. A charter school petition that has been previously denied by the governing board of a school district must be received by the Board not later than 180 calendar days after the denial. Any petition received by the Board more than 180 days after denial shall not be acted upon by the Board and the Board shall take action to not put the appeal petition on the Board agenda for review. As part of the appeal process, it is anticipated that the petition documents are in final form, including budget documents. The County Board may authorize non-substantive changes to the documents as part of its review and prior to final action to approve or deny. Substantive or material changes would require re-submission of the petition to the original district. In order to assist in the process of charter development, potential applicants are encouraged to obtain a copy of this Board Policy, updated evaluation form (matrix) as well as information regarding the general contents of a sample memorandum of understanding, which is normally considered at the same time as the charter proposal. (See Section G.3). The appeal review will focus on the petition originally submitted to the original district and any additional documents required by the County Board policy. Accordingly, in order to implement state law fully and fairly, and to provide petitioners with a thorough description of how the Sonoma County Board of Education will meet its obligations under law, the Board adopts the following. A. Petition A petition to the Board of Education to approve a charter school on appeal shall include the information listed below. To the extent that the County Board has different requirements than the district to which the petition was originally submitted, the petitioners shall submit the County Board required information in a separate folder. 1. A brief cover letter indicating desire to operate a charter school and list of contact people, along with the name, address and phone number of each responsible contact person. 24

30 Board Policies BP 0420(d) Philosophy, Goals, Objectives and Comprehensive Plans 2. A list of consultants whom the charter school has engaged, or proposes to engage, for the purpose of developing, operating and evaluating the charter school, together with a thorough description of the qualifications of such consultants. 3. An exact copy of the denied charter school petition that was originally submitted to the district. 4. A thorough description of the education, work experience, credentials, degrees and certifications and knowledge level about special education of the individuals comprising, or proposed to comprise, the directors, administrators and managers of the proposed charter school. 5. The By-laws, articles of incorporation and other management documents, as applicable, governing, or proposed to govern, the charter school. The information in this section should specify that the charter school will be subject to the Brown Act, the Public Records Act, as well as the Conflict of Interest provisions which also apply to members of a board of education. The Board of Education will give preference to proposals which specify that the charter school will be operated as, or be operated by, a nonprofit public benefit corporation. The information shall also include the number of regular board meetings to be held each year and confirm that all shall be held within Sonoma County. 6. An exact copy of the signature list submitted to the district that denied the petition. No new or additional signatures may be submitted. The names, addresses and telephone numbers of those persons endorsing the proposal with original signatures of such petitioners and in the form provided in Section of the State Education Code (hereinafter Code). The petition form must also indicate that a copy of the charter school proposal was attached so that petitioners were able to review it prior to signing. Parents/guardians signing a petition must have one or more children who are age appropriate for the proposed charter school and shall list the names of the age appropriate students. Teachers signing a petition must be properly credentialed to teach one or more core academic classes in the proposed charter school and shall list their credentials. 7. Describe the delivery of special education services with the County Board as the oversight agent and describe the charter school funding and contribution provisions to support such services. 8. Give a thorough description of a full curriculum for one course or grade level that is aligned with the state academic content standards. 9. Location of Charter School: The address of the charter school if known. In the event that a location has not been determined, provide the address of the sites in consideration for use by the petitioners. In addition, provide a description of the facility components that are required for the full and safe operation of the proposed charter school, such as number and size of classrooms, size of outdoor space, number 25

31 Board Policies BP 0420(d) Philosophy, Goals, Objectives and Comprehensive Plans of offices, kitchen area, eating areas, etc. The facilities must comply with the California Building Code as adopted and enforced by the local building enforcement agency. Petitioners shall indicate whether they intend to comply with the Field Act. 10. A description of the proposed charter school's building maintenance, replacement, and expansion policies, including related financial projections. 11. Current financial statements for the charter school, including a detailed balance sheet and statements of income and expense shall be included in cases of renewal applications. 12. A detailed, complete, and fully annotated (detail all assumptions) operational budget with estimates of charter school revenues and expenditures, cash-flows, and reserve positions, for the first three years of operation, including startup costs and the reasonable projections of salary and benefits to be reviewed annually. Petitioners shall submit the same budget as submitted to the district that denied the petition. However, a revised budget may also be submitted to include a revised revenue projection. This revision may only be based on new information from the State about anticipated public school revenues. a. A written commitment that all state and federal funds shall be maintained within the County Treasury and not in private bank accounts. b. Recognition that money received by the charter school by donation shall not be included in charter school operational budget unless the charter school has actual receipt of such funds or an irrevocable guarantee of such receipt. c. A written commitment that any foundation or other enterprise developed to support the charter school financially shall be subject to the same audit requirements as the charter school. d. A minimum reserve as required for a district of similar size or as otherwise required by state law. e. A commitment that all private bank accounts used by a foundation, corporation or the charter school are subject to public records requests, and full disclosure to the County Board and County Superintendent. f. A signed statement affirming that donations shall not be required of parents/guardians. 13. An attorney's opinion or a narrative from the charter school applicant providing a thorough description of the potential civil liability, if any, of the charter school and the Sonoma County Board and Sonoma County Office of Education. 26

32 Board Policies BP 0420(d) Philosophy, Goals, Objectives and Comprehensive Plans 14. Insurance Requirements Unless extended by the Board, the following shall be available within 10 days of Petition approval: a. The Charter School shall maintain, in full force comprehensive commercial liability insurance for schools including bodily injury and property damage, educator s legal liability including educational wrongful acts, directors and executive officers wrongful acts, employment practices wrongful acts and employee benefits wrongful acts and commercial auto insurance including liability covering bodily injury and property damage and comprehensive and collision physical damage. All policies and insurance carriers must be acceptable to County Office and be written on an occurrence based form. The Charter School must provide workers compensation and employer s liability coverage for all employee and volunteers. b. The insurance shall be in the following amounts: comprehensive liability with a combined single limit with per occurrence limits of not less than $15,000,000 and commercial auto policy covering all autos including non owned and hired automobiles with per occurrence limits of not less than $1,000,000 for employers liability. Any exception to these limits are subject to the Risk Management approval. c. The Charter School shall maintain in full force All Risk Property Insurance on all buildings and contents which are owned or leased or for which you are legally liable, with replacement cost and agreed amount, business income and extra expense, and equipment breakdown coverage and crime insurance as appropriate for the School. d. The Charter School shall provide the County Office with a Certificate of Insurance as evidence of all required in force insurance and an endorsement naming the County Office, County Superintendent its officers, employees and agents as an additional insured with regard to liability arising out of the Charter School s activities carried out under the terms of this agreement. The Certificate of Liability Insurance and the additional insured endorsement shall be submitted to the County Office by July 1 st of each year. 15. A summary of the administrative structure, specific number of board members and organization of the school and recognition that employees of the charter schools shall not be members of the governing board of the charter school. The summary should specifically include school district liaison, special education and other basic elements of school operation. 16. Detail the proposed academic calendar including: days of instruction, hours of operation, location of instruction, expectations for pupil attendance and annual instructional minutes for each grade level to be served. 27

33 Board Policies BP 0420(d) Philosophy, Goals, Objectives and Comprehensive Plans 17. The manner, format and content by which the charter school proposes to regularly report to the Sonoma County Office of Education, or the district, concerning implementation of the approved charter, measurable student progress, as well as the current and projected financial viability of the school. It is expected that during the first few years of charter school operation the financial oversight will be more extensive than after a charter school has clearly established its financial viability. 18. The proposal shall also include a detailed review of the annual budget development, implementation and review process. This detailed review shall include the process by which the charter school leadership and governance team will monitor and report regarding the continuing financial solvency of the school including: a. A preliminary budget on or before July 1 each year. b. An interim financial report, reflecting changes through October 31, on or before December 15 each year. c. A second interim financial report, reflecting changes through January 31, on or before March 15 each year. d. A final unaudited, financial report for the full prior year on or before September 15 each year. 19. The augmented plans to insure the health and safety of students and staff beyond those listed under Required Element F. These plans are to address any plans for additional tuberculosis screening, student supervision, safety training for staff, as well as requirements regarding immunization screening. At a minimum it is expected that fingerprint clearance, tuberculosis examinations and other health and safety standards will conform to the personnel standards of the Sonoma County Office of Education including parent and community volunteer screening and clearance. The plan should acknowledge that the Charter School is subject to applicable direction from the Public Health Department. 20. Education Code Section 47605(b)(5)(P) calls for a description of the procedures to be used if the charter school closes. The Board of Education expresses a preference for procedures which include a provision whereby residual assets of the charter school will accrue to the benefit of the Sonoma County Office of Education or the district that initially denied the petition. Residual assets shall not be given to a corporation or foundation and shall not be allocated in such a manner as to constitute a unlawful gift of public funds. 21. If the school will serve high school students, the proposal must include a description of how the charter school will inform parents about the transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements. The petition shall include information about intent and timeline for accreditation. 28

34 Board Policies BP 0420(d) Philosophy, Goals, Objectives and Comprehensive Plans 22. A description of charter school admission requirements and procedures. Such procedures must demonstrate an open, arm s length process whereby all applicants may be assured of a fair opportunity for admission. 23. Independent/Home Study Programs. In the event that the petition proposes a nonclassroom based education program as part of its program, the petition shall include all required policies regarding attendance accounting and a full description in the petition about how attendance will be credited and reported. Petition shall list credential requirements for each grade level. B. Denial of Petition - Findings It is the intent of the Board that charter schools with sound educational practice should be encouraged. The Board shall deny a petition only if the Board makes written factual findings, specific to the particular petition, setting forth specific facts to support one, or more, of the following findings: 1. The charter school presents an unsound educational program for the pupils to be enrolled in the charter school. 2. The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition. 3. The petition does not contain the number of signatures required by the Code (paragraph 47605(b) (3) of the Code). 4. The petition does not contain an affirmation of each of the conditions set forth in Section 47605(d) of the Code. 5. The petition does not contain reasonably comprehensive descriptions of all the information required under paragraph A (6) of this policy (paragraph 47605(b) (5) of the Education Code). If within 60 days of the Board s receipt of the petition the Board does not grant or deny the petition, the charter school may submit the petition to the State Board of Education. If the Board decides to take no action on the petition, the Board will take action to not put the petition on the Board agenda for final action. Legal Reference: Education Code sections ; ; 41365, 42100, ; 44237, , , 46201, et. seq.,, ; Government Code ; ; Penal Code 667.5, ; Code of Regulations Title , ; United States Code Title ; Attorney General Opinions 78 Ops. Cal Atty Gen 297 (1995); 89 Ops. Cal Atty Gen 166 (2006); 80 Ops. Cal Atty Gen 52 (1997) Date Adopted: August 5, 1999 (Adopted as Rule 111.2) Date June 24, 2004; May 3, 2007; May 15, 2008; June 25, 2009, May 1,

35 Board Policies BP 0420(e) Philosophy, Goals, Objectives and Comprehensive Plans BP (e) Charter Schools Part Five: Monitoring and Supervision A. Monitoring and Supervision SCOE oversight of the charter school shall be limited to that required or authorized by law. SCOE supervisorial assistance provided to the charter school shall be limited to that required by law. However, additional services may be provided by the SCOE at no cost to SCOE subject to mutual agreement with the Charter School. 1. The relationship between the charter school and the SCOE, as well as any services to be provided by the SCOE, will be described in a Memorandum of Understanding or Operating Agreement. The provisions of this written agreement will typically be discussed concurrently with consideration of charter approval. 2. The Superintendent or designee shall inspect, not less often than annually, documents on file at the charter school which shall verify that all teachers at the school hold a certificate, permit or other document equivalent to that which teachers in other public schools would be required to hold, and that those teachers at the school instructing students in college preparatory subject areas such as mathematics, science, social science and language arts meet the same requirements imposed under state law on teachers in other public schools instructing such college preparatory subjects. 3. The Superintendent or designee shall annually review student academic achievement results as described in Federal/NCLB mandates and the State of California accountability system. Such review will be based in part on the report from the charter school reporting on their academic achievement under both federal and state law and their own petition. 4. The Superintendent shall designate a staff member as the contact person for the charter school. 5. The Superintendent or designee shall examine, not less than annually, the audit report of the charter school, and shall, not less than annually, examine the general operation of the charter school. The Superintendent or designee shall receive and review all financial reports required by the charter or by law. A report shall be prepared and submitted to the Board of Education following the review of each report as part of the responsibility to monitor the fiscal condition of the charter school. 6. The Superintendent will promptly report to the Board any instance in which the charter school has committed any of the violations listed in the Education Code section 47607(b) below: 30

36 Board Policies BP 0420(e) Philosophy, Goals, Objectives and Comprehensive Plans A charter may be revoked by the authority that granted the charter under this chapter if the authority finds that the charter school did any of the following: (1) Committed a material violation of any of the conditions, standards, or procedures set forth in the charter petition. (2) Failed to meet or pursue y of the pupil outcomes identified in the charter petition. (3) Failed to meet generally accepted accounting principles, or engaged in fiscal mismanagement. (4) Violated any provision of law. Upon written finding by the Board that the charter school committed any of the violations at paragraph 47607(b)(1) through (4) of the Code inclusive, the Board shall notify the charter school accordingly, providing notice that the Board may revoke the charter, and give the school reasonable opportunity to cure the violation (unless the Board determines that the violation constitutes a severe and imminent threat to the health or safety of pupils). After providing such notice, if the issues are not successfully cured, then the Board shall issue a notice of intent to revoke. Not later than 30 days after providing the notice of intent to revoke, the Board shall hold a public hearing on the issue of whether evidence exists to revoke the charter. Not later than 30 days after the public hearing, the Board shall issue a final decision to revoke or decline to revoke the charter, unless the Board and the charter school agree to extend the issuance of the decision by an additional 30 days. The Board shall not revoke a charter, unless it makes written factual findings supported by substantial evidence, specific to the charter school, that support its findings. The Superintendent shall provide timely notice to the State Department of Education of any Board decision to revoke a charter. 7. Except for County-wide charters, the SCOE shall charge, and the charter school shall pay, for the actual costs of monitoring and supervision not to exceed 1% of the revenue of the charter school except as otherwise provided by law. No documentation shall be required for charges and costs up to 1% unless otherwise indicated in the MOU. B. Charter Approval An initial approval of a charter petition by the Board shall be for a term normally not to exceed three years. 31

37 Board Policies BP 0420(e) Philosophy, Goals, Objectives and Comprehensive Plans C. Charter Renewal or Material Modification of an Approved Charter 1. Renewing or materially modifying a charter is subject to the approval of the Board. 2. Renewals and material modifications are governed by the standards and criteria in law and this Board Policy and shall include, but not be limited to, a reasonably comprehensive description of any new requirement for charter schools enacted into law after the charter was originally granted or last renewed. Charter renewal shall also be conditioned upon the academic performance criteria specified in law. The Superintendent or designee shall provide timely notification to the State Department of Education of the decision by the Board to either grant or deny the charter renewal application. 3. Applications to renew or materially modify the charter shall include all the same information, be processed in the same way, be subject to approval or denial on the same basis, as proposals for new charter schools, except that any renewal approval shall be for a period of five years from the expiration date of the charter and a material modification when approved shall not affect the expiration date of the charter as originally approved. 4. Applications to materially modify the charter may be submitted at any time during the life of the approved charter. Applications to renew the charter shall be submitted no earlier than nine months prior to the date of charter expiration and no later than 4 months prior to expiration. 5. A material modification of an approved charter is any change in the representations made to the SCOE under sections A(3), A(6) through (16) inclusive, of this policy. D. Miscellaneous 1. Should a charter school elect to operate as, or be operated by, a nonprofit public benefit corporation, the Board of Education may appoint a representative to serve on the board of directors of the corporation, and the corporation shall confer upon the board's appointee all rights and responsibilities exercised by any other director of the corporation. 2. A charter school shall promptly respond to all reasonable inquiries from the Sonoma County Office of Education or district. 3. The superintendent is charged with developing administrative regulations, a sample MOU, as well as a charter evaluation form or matrix. Such regulations shall reference the Model Charter School Application adopted by the State Board of Education. Such evaluation form or matrix will include all applicable elements of County Board policy, shall be of sufficient detail to provide a comprehensive review 32

38 Board Policies BP 0420(e) Philosophy, Goals, Objectives and Comprehensive Plans of all aspects of the petition and shall authorize the inclusion of professional judgment of the reviewer. Legal Reference: Education Code sections ; ; 41365, 42100, ; 44237, , , 46201, et. seq.,, ; Government Code ; ; Penal Code 667.5, ; Code of Regulations Title , ; United States Code Title ; Attorney General Opinions 78 Ops. Cal Atty Gen 297 (1995); 89 Ops. Cal Atty Gen 166 (2006); 80 Ops. Cal Atty Gen 52 (1997) Date Adopted: August 5, 1999 (Adopted as Rule 111.1) Date October 4, 2001; May 15, 2008; June 25,

39 Board Policies BP 0420(f) Philosophy, Goals, Objectives and Comprehensive Plans BP (f) Charter Schools Part Six: Revocation The following provisions of policy shall pertain to the revocation of charter school petition previously approved by the Sonoma County Board of Education. Revocation of charter by Sonoma County Board of Education In accordance with Education Code section 47607, the County Board may revoke a charter that it had previously granted if it finds that the charter school has done any of the following: 1. Committed a material violation of any of the conditions, standards, or procedures set forth in the charter. 2. Failed to meet or pursue any of the pupil outcomes identified in the charter. 3. Failed to meet generally accepted accounting principles, or engaged in fiscal mismanagement. 4. Violated any provision of law. A. Process 1. Prior to revocation, the County Board, in consultation with the County Superintendent and staff, shall provide notice to the Charter School of potential cause for revocation and provide the Charter School with a reasonable opportunity to remedy the concerns. a. In keeping with the oversight responsibilities of the County Superintendent and staff, the Board will be advised of concerns/issues that may warrant notice of potential cause for revocation. 2. The time frames for such notice and that define a reasonable opportunity for correction shall be determined by the County Board based on the nature and severity of the problem. Guidance for the setting of time frames may be set forth in the Memorandum of Understanding between the County Board, Superintendent and Charter School. However, the County Board may take action without providing an opportunity to correct in the event that the County Board determines that the violation constitutes a severe and imminent threat to health or safety of pupils. The County Board shall make such determination in writing. 3. For purposes of this policy, the terms and conditions of the Memorandum of Understanding shall be considered a material part of the charter. 4. Upon the expiration of the reasonable opportunity to remedy, and prior to taking action to revoke, the County Board shall provide a written notice of intent to revoke 34

40 Board Policies BP 0420(f) Philosophy, Goals, Objectives and Comprehensive Plans to the charter school. Such notice shall include the facts upon which the intent to revoke is based. 5. A public hearing shall be heard on the matter by the County Board within 30 calendar days of the notice referenced in subsection 4 above. a. At the public hearing the representatives of the charter school shall be provided an opportunity to address the notice of concerns and to provide detail regarding their actions to address the notice. b. The public shall also have an opportunity to comment on the proposed revocation and corrective actions. c. Staff of the County Office may be asked to comment on the reasons for revocation, the nature of corrective action taken by the charter school and/or any other related information. d. The County Board reserves the right to consult with legal counsel regarding the proposed revocation, the charter school response, and the development of a final decision. Final action shall be taken in open session of the Board. e. In general, all aspects of the appeal shall be heard in open session of the County Board. However, the County Board reserves the right to meet in closed session to meet with legal counsel and as otherwise authorized by the state law. The Board also recognizes that documents produced pursuant to the proposed revocation will generally be regarded as public records except those protected by attorney-client privilege or as otherwise provided by applicable law. 6. The Board shall issue a final decision to revoke or decline to revoke the charter within 30 days after the public hearing unless the Board and the charter school agree to extend the issuance of the decision by an additional 30 days. 7. The Board shall not revoke a charter unless it makes written factual findings supported by substantial evidence specific to the charter school that supports its findings. 8. The County Board reserves the right to schedule special meetings for the purposes of holding a public hearing and/or to address issues related to the possible revocation, or to align such meetings with the regular meeting schedule of the County Board. B. Appeal of County Board Decision If the County Board of Education as the chartering authority revokes a charter, the charter school may appeal the revocation to the State Board of Education within 30 days following the decision of the chartering authority. The State Board may reverse the revocation 35

41 Board Policies BP 0420(f) Philosophy, Goals, Objectives and Comprehensive Plans decision if the State Board determines that the findings made by the chartering authority under Education Code section 47607(e) are not supported by substantial evidence. C. Final Decision of County Board A final decision pursuant to Education Code section 47607(c) shall be reported to the California Department of Education. As part of a final decision to revoke, the County Board shall determine the closure date and may defer the date to correspond to the end of an academic term. D. Closure of Charter School Upon action to revoke the charter, the charter school shall act in compliance with State law and regulations regarding school closure as well as applicable terms of the charter petition and the Memorandum of Understanding. Legal References: Education Code Section California Code of Regulations. Title 5, Section Date Adopted: November 6, 2008 Date The following provisions of policy shall pertain to an appeal filed by a charter school when their petition has been revoked by a district within Sonoma County. Appeals on Charters that have been Revoked by a District 1. Appeal If a school district as the chartering authority revokes a charter, the charter school may appeal the revocation to the County Board of Education. Such appeal must be complete and be submitted in writing with the County Superintendent within 30 calendar days following the final decision of the chartering authority. 2. Options of the County Board a. The County Board may reverse the revocation decision if the County Board determines that the findings made by the chartering authority under Education Code section 47607(e) are not supported by substantial evidence. The school district may then appeal the reversal to the State Board of Education. If the revocation decision of the chartering authority is reversed on appeal, the agency that granted the charter shall continue to be regarded as the chartering authority. The provisions of section 7 below shall also apply. b. The County Board may uphold the revocation. In such case, the charter school may appeal the revocation to the State Board of Education. 36

42 Board Policies BP 0420(f) Philosophy, Goals, Objectives and Comprehensive Plans c. In the event that the County Board does not take action to either reverse or uphold the revocation within 90 calendar days of the date the appeal was filed with the County Superintendent, the County Board will no longer have jurisdiction over the matter and the charter school may appeal the revocation to the State Board of Education. 3. Focus of Appeal and Burden of Proof a. The focus on appeal shall be on the existence or non-existence of substantial evidence to support the district revocation. b. The burden of proof shall rest with the Charter School. c. New evidence not provided to the district that revoked the charter school shall not be considered by the County Board. 4. Contents of the Appeal The contents of the appeal package filed by a charter school and any applicable forms shall be set forth in regulations developed by the County Superintendent. Such regulations shall also specify the nature of information and documents that may be submitted by the appropriate district in response to the appeal. a. While the County Superintendent s staff may assist the charter school and/or district in understanding the appeal process, the parties to the appeal shall not be represented by the County Office. 5. Pendency of Appeal During the pendency of an appeal filed under Education Code section 47607, a charter school whose revocation proceedings are based on Education Code section 47607(c) (1) or (2) shall continue to qualify as a charter school for funding and for all other purposes of the Charter Schools Act, and may continue to hold all existing grants, resources, and facilities, in order to ensure that the education of pupils enrolled in the school is not disrupted. 6. Process for Appeal It is the intent of the County Board to provide an open and fair process by which the County Board can determine whether or not the district s action to revoke is supported by substantial evidence. Administrative regulations and applicable forms shall be developed by the County Superintendent to specify the process. a. The County Board reserves the right to consult with staff of the County Superintendent and with legal counsel regarding the appeal, the District response, and the development of a final decision. Final action shall be taken in open session of the Board. 37

43 Board Policies BP 0420(f) Philosophy, Goals, Objectives and Comprehensive Plans b. In general, all aspects of the appeal shall be heard in open session of the County Board. However, the County Board reserves the right to meet in closed session to meet with legal counsel and as otherwise authorized by the state law. The Board also recognizes that documents produced pursuant to the appeal will generally be regarded as public records except those protected by attorney-client privilege or as otherwise provided by applicable law. 7. Results of Reversal In accordance with state law and immediately following the decision of the County Board to reverse a decision of a school district to revoke a charter, the following shall apply: a. The charter school shall qualify as a charter school for funding and for all other purposes of this part. b. The charter school may continue to hold all existing grants, resources, and facilities. c. Any funding, grants, resources, and facilities that had been withheld from the charter school, or that the charter school had otherwise been deprived of use, as a result of the revocation of the charter shall be immediately reinstated or returned. 8. Final Decision of County Board A final decision on the appeal of a revocation pursuant to Education Code section 47607(c) shall be reported to the chartering authority and the California Department of Education. 9. Closure of Charter School Should the County Board act to uphold the revocation, the closure of the Charter School shall be in accordance with State Law and regulations, the charter petition and applicable agreements between the chartering authority and charter school. Legal References: Education Code California Code of Regulations, Title 5, Section Date Adopted: November 6, 2008 Date 38

44 Board Policies BP 0460 Philosophy, Goals, Objectives and Comprehensive Plans BP 0460 Local Control and Accountability Plan The Board desires to ensure the most effective use of available state funding to improve outcomes for all students. A community-based, comprehensive, data-driven planning process shall be used to identify annual goals and specific actions aligned with state and local priorities and to facilitate continuous improvement of County Office practices. The Board shall adopt a local control and accountability plan (LCAP), using the template provided by the State Board of Education, which addresses the state priorities specified in Education Code The LCAP shall be effective for three years and shall be updated on or before July 1 of each year. (Education Code 52066) In addition, the LCAP shall address any local priorities adopted by the Board. The LCAP shall focus on improving outcomes for all students, particularly those who are unduplicated students and other underperforming students. Unduplicated students include students who are eligible for free or reduced-price meals, English learners, and foster youth and are counted only once for purposes of the local control funding formula. (Education Code ) To minimize duplication of effort and provide clear direction for program implementation, the LCAP and other County Office and school plans shall be aligned to the extent possible. The County Superintendent or designee shall review the single plan for student achievement (SPSA) submitted by each County Office school pursuant to Education Code to ensure that the specific actions included in the LCAP or the annual update are consistent with strategies included in the SPSA. (Education Code 52068) Any complaint that the County Office has not complied with legal requirements pertaining to the LCAP may be filed pursuant to SP and AR Uniform Complaint Procedures. (Education Code 52075) Plan Development The County Superintendent or designee shall gather data and information needed for effective and meaningful plan development and present it to the Board and community. Such data and information shall include, but not be limited to, data regarding the numbers of students in various student subgroups, disaggregated data on student achievement levels, and information about current programs and expenditures. The County Superintendent shall consult with teachers, principals, administrators, other school personnel, employee bargaining units, parents/guardians, and students in developing the LCAP. (Education Code 52066) 39

45 Board Policies BP 0460 Philosophy, Goals, Objectives and Comprehensive Plans Public Review and Input The County Superintendent shall establish the following committee(s), if not yet established, to review and comment on the LCAP: (Education Code 52069) 1. A parent advisory committee including at least one parent/guardian of unduplicated students as defined above 2. An English learner parent advisory committee whenever enrollment in County Office schools and programs includes at least 15 percent English learners and at least 50 students who are English learners The County Superintendent or designee shall present the LCAP or the annual update to the committee(s) before it is submitted to the Board for adoption, and shall respond in writing to comments received from the committee(s). (Education Code 52068) The County Superintendent or designee shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the LCAP or the annual update to the LCAP. The notification shall be provided using the most efficient method of notification possible, which may not necessarily include producing printed notices or sending notices by mail. All written notifications related to the LCAP or the annual update shall be provided in the primary language of parents/guardians when required by Education Code (Education Code 52068) The Board shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the LCAP or the annual update. The public hearing shall be held at the same meeting as the public hearing required prior to the adoption of the County Office budget in accordance with Education Code 1620 and BP Budget. (Education Code 1620, 52068) Adoption of the Plan Prior to adopting the County Office budget, but at the same public meeting, the Board shall adopt the LCAP or the annual update. This meeting shall be held after the public hearing described above, but not on the same day as the hearing. (Education Code 52068) The County Superintendent may develop and present to the Board for adoption revisions to the LCAP at any time during the period in which the plan is in effect, provided the Board follows the process to adopt the LCAP pursuant to Education Code and the revisions are adopted in a public meeting. (Education Code 52068) Submission of Plan to the California Department of Education Not later than five days after adoption of the LCAP or the annual update to the LCAP, the Board 40

46 Board Policies BP 0460 Philosophy, Goals, Objectives and Comprehensive Plans shall file the LCAP or the annual update with the CDE Superintendent. (Education Code ) If the California Department of Education sends, by August 15, a written request for clarification of the contents of the LCAP or the annual update, the Board shall respond in writing within 15 days of the request. If the California Department of Education then submits recommendations for amendments to the LCAP within 15 days of receiving the Board's response, the Board shall consider those recommendations in a public meeting within 15 days of receiving the recommendations. (Education Code ) Monitoring Progress The County Superintendent or designee shall report to the Board, at least annually in accordance with the timeline and indicators established by him/her and the Board, regarding the County Office s progress toward attaining each goal identified in the LCAP. Evaluation data shall be used to recommend any necessary revisions to the LCAP. Technical Assistance/Intervention When it is in the best interest of the County Office, the Board may submit a request to the the California Department of Education for technical assistance, including, but not limited to: (Education Code ) 1. Assistance in the identification of the Board s strengths and weaknesses in regard to state priorities and review of effective, evidence-based programs that apply to the Board s goals 2. Assistance from an academic expert, team of academic experts, or the California Collaborative for Educational Excellence in identifying and implementing effective programs to improve the outcomes for all student subgroups 3. The California Department of Education may solicit another county office of education to act as a partner to the County Office In the event that the California Department of Education requires the County Office to receive technical assistance pursuant to Education Code , the Board shall review all recommendations received from the California Department of Education or other advisor and shall consider revisions to the LCAP as appropriate in accordance with the process specified in Education Code If the California Department of Education identifies the County Office as needing intervention pursuant to Education Code , the County Office shall cooperate with any action taken by the California Department of Education or any academic trustee appointed by the California Department of Education, which may include one or more of the following: 41

47 Board Policies BP 0460 Philosophy, Goals, Objectives and Comprehensive Plans 1. Revision of the County Office s LCAP 2. Revision of the County Office s budget in accordance with changes in the LCAP 3. A determination to stay or rescind any County Office action that would prevent the County Office from improving outcomes for all student subgroups, provided that action is not required by a collective bargaining agreement Cf. BP 0000(a), BP 0200, BP 1220, BP 3100, BP 3460, BP 6020, BP 6171, BP 6174, BB 9320, SP , AR Legal Reference: Education Code sections 1620, , 48985, Date Adopted: September 4, 2014 Date 42

48 Board Policies BP 0510 Philosophy, Goals, Objectives and Comprehensive Plans BP 0510 School Accountability Report Card The Sonoma County Board of Education recognizes its responsibility to inform parents/guardians and the community about the conditions, needs, and progress at the Court and Community Schools and Special Education programs offered by the Sonoma County Office of Education. The County Superintendent or designee will be responsible for the development of these reporting systems. Education Code requires the County Board to annually issue a school accountability report card (SARC) for each program site, reporting all conditions listed in Education Code and Alternative schools serving high-risk student populations, including continuation high schools, opportunity schools, and community day schools, shall be subject to an alternative accountability system established by the Superintendent of Public Instruction. (Education Code 52052) In addition, pursuant to 20 USC 6311, any SCOE program that receives Title I, Part A funding must prepare and disseminate an annual report card which includes specified information regarding student achievement on statewide academic assessments, indicators of adequate yearly progress for all numerically significant student subgroups In preparing the program report cards, the County Superintendent or designee may choose to use or adapt the model template provided by the California Department of Education (CDE). If the model template is not used, the Superintendent or designee shall ensure that data is reported in a manner that is consistent with the definitions for school conditions as provided in the CDE template and as set forth in Superintendent Policy The County Superintendent shall provide regular reports to the County Board and the public regarding program performance. Opportunities for feedback from students, parents/guardians, staff, and community members shall be made available as part of any review and evaluation of district programs and operations and as part of the development or annual update of the local control and accountability plan (LCAP). Evaluation of the SARC Results At least every three years, the County Board shall compare the content of the SARC to CDE s model template, recognizing that variances are allowed by law as necessary to meet local needs. The County Board shall annually approve the SARCs for all Court and Community Schools and Special Education programs and shall evaluate the data contained in the SARCs as part of the County Board's regular review of the effectiveness of SCOE programs, personnel, and fiscal operations. 43

49 Board Policies BP 0510 Philosophy, Goals, Objectives and Comprehensive Plans Evaluation results may be used as a basis for revising County Office school/program goals, updating the LCAP or other comprehensive plans, identifying and developing strategies to address disparities in achievement among student subgroups, implementing programmatic changes, determining the need for additional support and assistance, awarding incentives or rewards, and establishing other performance-based consequences. Notification and Dissemination of SARCs The County Superintendent or designee shall annually publicize the issuance of the SARCs and notify parents/guardians that a paper copy will be provided upon request. On or before February 1 of each year, the County Superintendent or designee shall make the SARCs available in paper copy and post a copy of the SARC for the individual County Office programs. Legal References: Education Codes: 33126, , , , , 35258, 41409, , ; California Constitution, Article 16, Section 8.5(e); United States Code, Title 20, 6311 c.f. SP 0500; BP ; BP 0460; BP 1220; BP ; BP 6178; BB 9000 Adopted: November 4, 2010 February 5, 2015 Effective Date: January 1,

50 Sonoma County Board of Education Board Policies Series 1000 Community Relations 45

51 Board Policies BP 1220(a) Community Relations BP 1220(a) Community Relations Superintendent The Superintendent, or designee, shall serve as the secretary of all standing, ad hoc or community advisory committees. cf. BB 9130 Legal Reference: Education code sections 1010, 1040 Date Adopted: (Adopted as Rule 50.1) Date 46

52 Board Policies BP 1220(b) Community Relations BP 1220(b) Meetings of Community Advisory Committees 1. Frequency of Meetings Meetings of Community Advisory Committees shall be held as determined by the Chair of the Committee, except that the President of the Board may direct the Committee to meet on or before a specified date. 2. Time and Place Meetings of a Community Advisory Committees shall be held at such times and at such places as may be specified in the call for the meetings by the Chair of the Committee. 3. Reports Community Advisory Committees shall report their activities and/or recommendations to the Board at a regular meeting or special meetings as appropriate. Legal Reference: Education Code sections 1040, 1042, 35010, 35024, 35160; Government Code 54952; Roberts Rules of Order Article IX, Sec. 52 Date Adopted: (Adopted as Rules ) Date 47

53 Board Policies BP 1330(a) Community Relations BP 1330(a) Use of School Facilities This policy governs the use of SCOE school facilities and not the main SCOE facility. The Board recognizes that County Office school site facilities are a community resource whose primary purpose is to be used for school programs and activities. The Board authorizes the use of school facilities by community groups for purposes provided for in the Civic Center Act when such use does not interfere with SCOE program activities. Constraints on use of school facilities shall be addressed in Administrative Regulations. All school-related activities shall be given priority in the use of facilities and grounds under the Civic Center Act. Thereafter, use shall be on a first come, first serve basis. Groups shall be charged fees for facility use as authorized by the Education Code. The Board believes that the use of school facilities or grounds shall not result in any costs to the County Office. Legal Reference: Education Code sections et seq., Date Adopted: September 4, 2005 (Adopted as Rule ) Date 48

54 Sonoma County Board of Education Board Policies Series 2000 Administration 49

55 Board Policies BP 2000(a) Administration BP 2000(a) Administration of the Office The Board may and hereby does adopt rules governing the administration of the office of the County Superintendent of Schools; and incorporates such rules within this document. cf. BB 9312 Legal Reference: Education Code sections 1040 et seq., 1042 Date Adopted:(Adopted as Rule 104.1) Date 50

56 Board Policies BP 2110(a) Administration BP 2110(a) Superintendent Responsibilities and Duties School Directory The Superintendent shall prepare and publish an annual directory of school trustees, County Board of Supervisors, County Committee on School District Organization, County Board of Education members, Office staff and County Office of Education teachers. Legal Reference: Education Code sections 1042(a); 1240(a) Date Adopted: (Adopted as Rule 124.9) Date August 5, 2010 Effective: August 5, 2010 School Publications The Superintendent shall prepare and publish the Sonoma County Office of Education Bulletin to keep the teachers, administrators and governing board members and the public informed on educational and instructional issues in the county. Legal Reference: Education Code sections 1042(a); 1240(a) Date Adopted: (Adopted as Rule ) Date July 1, 2010 Policy and Bylaws Systems The County Superintendent of Schools shall establish and maintain a system for preserving and making accessible the policies and bylaws adopted by the County Board of Education. The policies and bylaws shall be published and made available electronically and in a manual. They will be maintained in current condition and accessible on the Sonoma County Office of Education Web site. The Web site shall also provide the effective date for each policy and bylaw as required by Board Bylaw Legal Reference: Education Code 1040; Date Adopted: June 25, 2009 Date July 1, 2010 c.f. BB 9312 Deputy Superintendents Superintendent Shall Appoint The Superintendent shall appoint at least one assistant to serve as deputy superintendent. 51

57 Board Policies BP 2110(a) Administration Legal Reference: Education Code section 7, 1290; Government Code section Date Adopted: (Adopted as Rule 46.1) Date Notification to Board The designation of deputies shall be reported to the Board prior to the effective date of the appointment. Legal Reference: Education Code section 1042 Date Adopted: (Adopted as Rule 46.2) Date Chief Deputy In the event that more than one deputy is appointed, one shall be designated as Chief Deputy by the Superintendent. Legal Reference: Education Code sections 7, 1290; Government Code section Date Adopted: (Adopted as Rule 46.3) Date Duties The Chief Deputy shall carry out the duties of the Superintendent in the event of his absence or indisposition. In the event of the death or permanent incapacity of the Superintendent, the Chief Deputy may continue to exercise authority of Deputy Superintendent but shall not deemed to be acting or interim Superintendent. Legal Reference: Government Code section Date Adopted: (Adopted as Rule 46.4) Date Petitions for Boundary Changes The Superintendent shall receive petitions for school district boundary changes and file copy of notice with the County Committee on School District Organization and where appropriate with the State Board of Education. Legal Reference: Education Code section Date Adopted: (Adopted as Rule 125.4) Date 52

58 Board Policies BP 2110(a) Administration Powers and Duties of the Superintendent Source of Power People of the State The people of the State of California, by adoption of the State Constitution, created the Office of the County Superintendent of Schools and granted to the Legislature the power to classify the counties, and set the qualifications for the office of County Superintendent of Schools. The Constitution also provides that the county board of education shall set the salary of the superintendent. Legal Reference: California Constitution, Article 9, Section 3.1 Adopted: (Adopted as Rule121.1) Statutory Powers and Duties The Legislature may, by enacting appropriate laws, prescribe and regulate the powers and duties of the Superintendent. Legal Reference: California Constitution, Article 9, Section 14 Adopted: (Adopted as Rule121.2) Rules and Regulations of the Superintendent of Public Instruction By authority granted by the Constitution and the Statutes, the State Superintendent of Public Instruction may prescribe additional powers and duties of the Superintendent. Legal Reference: Education Code section Adopted: (Adopted as Rule 121.3) Rules and Regulations of the State Board of Education By authority granted by the Constitution and the Statutes, the State Board of Education may, by rules and regulations, prescribe additional powers and duties of the Superintendent. Legal Reference: Education Code section Adopted: (Adopted as Rule121.4) 53

59 Board Policies BP 2110(a) Administration Ordinance or Resolution of the Board of Supervisors The Sonoma County Office of Education is fiscally independent from the County Board of Supervisors. As a result of this, the Board of Supervisors no longer exercises rule making authority over the County Superintendent. Legal Reference: Education Code sections 1043, 1080 Adopted: (Adopted as Rule121.5) County Board of Education By its approval and review powers, the Board may grant certain powers and duties to the Superintendent as may be provided in the Education Code. Legal Reference: Education Code sections 1042, Adopted: (Adopted as Rule121.6) Classification of Powers and Duties Powers and Duties as the Elected County Superintendent of Schools The County Superintendent of Schools shall possess those powers and duties of the Superintendent authorized or required by the Constitution, Statutes, rules of the State Superintendent of Public Instruction, and the State Board of Education which are solely of concern to the Superintendent. Legal Reference: Education Code sections 1042, 33031, 33112; California Constitution, Article 9, Section 3.1 Adopted: (Adopted as Rule122.1) Powers and Duties as Secretary and Executive Officer of the Board The County Superintendent of Schools shall possess those powers and duties of the Superintendent permitted or required by the Constitution, Statutes or County Board of Education rules. Legal Reference: Education Code section 1010 Adopted: (Adopted as Rule122.2) 54

60 Board Policies BP 2110(a) Administration Powers and Duties as Secretary of the County Committee on School District Organization The County Superintendent of Schools shall possess those powers and duties of the Superintendent as set forth in the Education Code relative to the County Committee on School District Organization. Legal Reference: Education Code sections ) Adopted: (Adopted as Rule122.3) Powers and Duties of Sonoma County Superintendent of Schools Superintendent of Schools The Superintendent shall superintend the schools of Sonoma County. Legal Reference: Education Code section 1240 Adopted: (Adopted as Rule123.1) Visit and Examine The Superintendent shall visit and examine each school in Sonoma County at reasonable intervals to observe their operation and to learn of their problems. Legal Reference: Education Code section 1240 Adopted: (Adopted as Rule 123.3) Coordination of County Office of Education Educational Program The Superintendent shall coordinate the County Office of Education s Educational Programs in accordance with Education Code Section and with the standards set forth in Sections 1520 and 1521 of Title 5 of California s Code of Administrative Regulations. Legal Reference: Education Code section 51202; California Code of Regulations, Sections Title 5 c.f., BB9122(a) Adopted: (Adopted as Rule123.3) Record Keeping The Superintendent shall keep in his/her office the reports of the Superintendent of Public Instruction, and shall keep a record of his/her official acts, and all of the proceedings of the Board, including a record of the standing, in each study, of all applicants for certificates who 55

61 Board Policies BP 2110(a) Administration have been examined, which shall be open to inspection of any applicant, or his/her authorized agent. Legal Reference: Education Code section 1240 Adopted: (Adopted as Rule123.4) Distribution of Laws, Reports, and Instructions The Superintendent shall distribute all laws, reports, circulars, instructions, and blanks which he/she may receive for the use of the school officers, and preserve carefully all reports of school officers and teachers. Legal Reference: Education Code section 1240 Adopted: (Adopted as Rule123.5) County Superintendent of Schools to Furnish Pertinent Data to County Committee on School District Organization It shall be the duty of the County Superintendent of Schools to furnish the County Committee on School District Organization any records, reports, documents, maps or other data, and to confer with the Committee concerning problems when requested to do so by the County Committee. Legal Reference: Education Code section Adopted: (Adopted as Rule123.6) Enforcement Duties The Superintendent shall enforce the course of study and enforce the use of state textbooks and of high school textbooks regularly adopted. Legal Reference: Education Code section 1240 Adopted: (Adopted as Rule123.7) Report to State Superintendent as Directed The Superintendent shall make reports to the State Superintendent of Public Instruction on matters relating to public schools in his county when so directed and shall be subject to the penalty therein prescribed upon failure to do so. Legal Reference: Education Code sections 1243, 1245 Adopted: (Adopted as Rule123.8) 56

62 Board Policies BP 2110(a) Administration Attendance Reports The Superintendent shall make complete reports to the State Superintendent of Public Instruction of the attendance credited to the public schools of the county for the school year closing June 30 th not later than July 15 th of each year. Legal Reference: Education Code section 1244 Adopted: (Adopted as Rule123.9) Sale of Publications The Superintendent may sell publications produced by him/her, price not to exceed estimated cost of production for the sale of any publication produced by him/her. The County Superintendent of Schools, with the approval of the County Board of Education, may fix the price, not to exceed the estimated cost of production, for the sale of any publication produced by him or her. All moneys received from the sale of publications produced by the County Superintendent of Schools shall be deposited to the credit of the fund against which the cost of printing the publication was charged. Nothing in this Rule shall be construed as limiting the Board s authority with respect to the sale of copyrighted work developed by the Board. Legal Reference: Education Code sections , 1249 Adopted: (Adopted as Rule123.10) School District Budgets Examination and Filing On or before July 15 th in each year, the Superintendent shall examine and may make technical corrections to the tentative school district budget. On or before the 15 th day of August, the Superintendent shall approve the budget as officially adopted and submitted by the governing board of each school district, and he/she shall file one copy of the adopted budget of each school district with the Superintendent of Public Instruction. Legal Reference: Education Code section Adopted: (Adopted as Rule123.11) January 8, 2009; June 25,

63 Board Policies BP 2110(a) Administration School District Budgets Failure to Make If the governing board of any school district neglects or refuses to make a school district budget as prescribed by Sections et seq. of the Education Code, the Superintendent shall not make any apportionment of State or County School funds for the particular school district for the current school year. Legal Reference: Education Code section Adopted: (Adopted as Rule ) Youth Conservation The Superintendent may contract with the United States, the State of California, any city, county, city and county or any combination thereof for the joint operation and maintenance of programs in youth conservation and training or for assistance in their operation and maintenance. Legal Reference: Education Code section 1780 Adopted: (Adopted as Rule123.13) Preparation of Elementary School Courses of Study The County Superintendent of Schools may, with the approval of the County Board of Education, and in cooperation with school districts and community college districts provide for the preparation of courses of study and the development of curriculum and instructional materials to be used in the elementary and secondary schools. Legal Reference: Education Code section 1720 Date Adopted: (Adopted as Rule 104.4) Date Supervision in Elementary Schools The County Superintendent of Schools may, with the approval of the County Board of Education, employ supervisors to supervise instruction in the elementary school districts under his jurisdiction which had less than 901 units of average daily attendance during the preceding fiscal year and in the elementary schools of unified school districts under his jurisdiction which had less than 1,501 units of average daily attendance during the preceding fiscal year. The services of supervisors shall be made available in such elementary and unified districts in which adequate supervision of instruction is not being provided by the districts. Legal Reference: Education Code section 1730 Date Adopted: (Adopted as Rule 104.5)Date 58

64 Board Policies BP 2110(a) Administration Notice of Compulsory Education Pursuant to Education Code section the Superintendent is authorized to establish regulations to require private schools to report the withdrawal of any student, whether by severance, expulsion, exclusion, exemption, transfer, or suspension beyond 10 consecutive days, or other reasons, to the district of residence and the County Office of Education. Legal Reference: Education Code section Adopted: February 5, 2004 (Adopted as Rule109.10) Supervision of Attendance The County Superintendent, with the approval of the Board may approve the employment of personnel to supervise the attendance of pupils in elementary districts having less than 901 ADA, high school districts having less than 301 ADA, and unified school districts having less than 1501 ADA under the jurisdiction of the County Superintendent of Schools, if such districts are not served by any district supervisor of attendance, and of pupils in such other school districts under the jurisdiction of the County Superintendent of Schools for whom proper arrangements have been made. Legal Reference: Education Code section 1740 Date Adopted: (Adopted as Rule 104.6) Date Supervision of Health The County Superintendent, with the approval of the Board may provide health services to pupils in elementary districts having less than 901 ADA, high school districts having less than 301 ADA, and unified school districts having less than 1501 ADA under the jurisdiction of the County Superintendent of Schools, and to pupils in such other school districts under the jurisdiction of the County Superintendent of Schools as may enter into proper agreements to have such services performed. Legal Reference: Education Code section 1750 Date Adopted: (Adopted as Rule 104.7) Date Supervision of Guidance Services The County Superintendent, with the approval of the Board may approve the employment of properly credentialed personnel to provide the necessary guidance services to pupils in elementary districts having less than 901 ADA, high school districts having less than 301 ADA, and unified school districts having less than 1501 ADA, under the jurisdiction of the County Superintendent of Schools, if adequate guidance services are not furnished by the district, and in 59

65 Board Policies BP 2110(a) Administration such other districts under the jurisdiction of the County Superintendent of Schools as may enter into proper agreements to have such services performed. Legal Reference: Education Code section 1760 Date Adopted: (Adopted as Rule 104.8) Date Education of County Prisoners The County Superintendent of Schools and the County Board of Education with the approval of the County Board of Supervisors may establish and maintain classes or schools for prisoners in any county jail, county honor farm, or for any county industrial farm for the purpose of providing instruction in civic, vocational, literacy, health, homemaking, technical, and general education. The County Board of Education shall award diplomas or certificates to prisoners enrolled in such classes or schools. Legal Reference: Education Code section 1900 et. seq. Adopted: September 4, 1997 (Adopted as Rule ) May 2009; July

66 Board Policies BP 2110(b) Administration BP 2110(b) Mini-Grants To Enhance Classroom Instruction and/or Student Learning The Superintendent or designee is authorized to develop a process for instructional staff to apply for mini-grants designed to enhance classroom instruction and/or student learning. The process should include a description of the purpose of the grants, eligibility criteria, and an appropriate application form with wide distribution to staff. During the annual budget review and adoption process the Board shall appropriate funds for and designate a maximum number of such mini-grants. In the event that in a given year the number of qualifying proposals exceeds the specified maximum number of grants, the Instructional Services Committee shall review all relevant materials and make a recommendation to the Board regarding those proposals that should be funded. Legal Reference: Education Code section Date Adopted: June 30, 2004 (Adopted as Rule ) Date Matters Pertaining to School Districts Selection of School Sites The Superintendent may provide guidance and approval to school district trustees in determining and selecting the location of a school site. Legal Reference: Education Code section 1042(a) Date Adopted: (Adopted as Rule 125.1) Date Outdoor Education The Superintendent may enter into an agreement with governing boards to provide programs in Outdoor Education for district pupils in the sixth or any higher grade level. Legal Reference: Education Code section 8763 Date Adopted: (Adopted as Rule 125.3) Date 61

67 Transportation Board Policies BP 2110(b) Administration The Superintendent may contract with school districts in Sonoma County to provide for transportation of school district pupils to and from school whenever in the judgment of the governing board of the school district such transportation is advisable. If any such contracts result in a budget revision in excess of $25,000 prior Board approval shall be obtained. Legal Reference: Education Code sections 39801; 1280 Date Adopted: (Adopted as Rule 125.5) Date Duties Pertaining to Federal Funds and Programs Consultative or Coordinative Services The Superintendent is authorized to provide upon request, consultative or coordinative services for Sonoma County school districts under his/her jurisdiction which have established educational programs that are designed to meet requirements of Federal law for the receipt of Federal funds for the support of the program, and that are supported in whole or in part by Federal funds. Such services may be financed by such Federal funds as may be provided. Legal Reference: Education Code section 1262 Date Adopted: (Adopted as Rule 127.1) Date 62

68 Board Policies BP 2110(c) Administration BP 2110(c) Legal Advice and Representation Employment of Administrative Advisor and Legal Counsel The Sonoma County Board of Education and Sonoma County Superintendent of Schools may, in accordance with Section and of the Education Code of California, employ an administrative advisor and legal counsel who shall also be admitted to practice law in this State, and who shall give legal advice, guidance and representation to the said Board, committee, and commission, to the Office of the County Superintendent of Schools, and to such school districts who contract for legal services. Legal Reference: Education Code sections Date Adopted: (Adopted as Rule 47.1) Date Joint Employment of Legal Counsel Except when conflicts may occur the County Superintendent of Schools and the County Board of Education shall retain the same legal counsel. Legal Reference: Education Code section ; 86 Ops. Cal. Attorney General 57 Adopted: January 7, 2004 (Adopted as Rule104.40) Selection of Legal Counsel Any contract for the employment of legal services shall be reviewed and approved by the County Board of Education on an annual basis. Legal Reference: Education Code section 1042 Date Adopted: (Adopted as Rule 47.2) Date Requests for Written Legal Opinion Any member of the Board of Education may request a written legal opinion on any subject that relates to the County Board of Education. Upon receipt of the request the General Counsel s office shall cause to be distributed to all members of the Board and County Superintendent of Schools a copy of the request. A copy of the responsive written opinion will be distributed to each member of the Board and the County Superintendent of Schools. 63

69 Board Policies BP 2110(c) Administration Legal Reference: Education Code sections 1042, Date Adopted: January 5, 1995 (Adopted as Rule 47.3) Date Effective Date: July 1,

70 Board Policies BP 2111 Administration BP 2111 School and College Legal Services JPA The Sonoma County Board of Education was a founding member of Joint Powers Agency establishing the formation of School and College Legal Services of California (SCLS). As such, the County Board endorses the mission and purpose of SCLS to provide cost efficient, specialized legal and labor relations services to contracting school agencies. Board Representation on JPA Board As part of the founding documents for SCLS, the Sonoma County Board of Education is a member of the board of directors of SCLS Joint Powers Authority (JPA). The JPA board regularly meets four times per year. On an annual basis the County Board president shall either act as the representative to the SCLS board or appoint a designee. For purposes of continuity, the appointment may be for up to two years. In the event that the designated person is unable to attend a meeting of the JPA, the County Board president may appoint a substitute representative for the one meeting. If no representative is available to attend, the County Board will receive information regarding the meeting from either the County Superintendent or the General Counsel. Responsibilities of Board Representative As with any assignment on behalf of the County Board, the representative will be responsible for reading all agenda materials for the JPA meetings, providing oversight and making reports to the County Board, and being familiar with the founding documents of the JPA, its mission and purpose and the authority of the JPA board. The representative shall work collaboratively with the other members of the JPA board to promote the work of SCLS. The Board designee shall provide a report to the full County Board at the next regular meeting of the County Board after each meeting of the JPA and shall include a copy of the agenda and adopted minutes as available. Authority of Board Representative The County Board representative has the authority to vote on all matters on the JPA agenda including but not limited to audit reports, all matters relating to budget and expenditures, evaluation of the General Counsel, employment recommendations regarding the General Counsel, JPA Board membership and appointment of the JPA board president. In the event that the JPA is seeking a change to the founding documents of the JPA, the Board designee is authorized to vote on the matter but shall be responsible to bring the matter to the full County Board for review and action. The General Counsel shall also be responsible to bring the matter to the full County Board for review and action. The County Board representative shall bring all matters of importance, including issues affecting the sustainability of the JPA, to the immediate attention of the County Board. Pursuant to the JPA founding documents (Agreement) it is recognized that the JPA Agreement may be amended by a majority vote of the JPA board and the 65

71 Board Policies BP 2111 Administration change would become effective upon approval by a majority of the individual charter/governing members. Annual Report from General Counsel The General Counsel of SCLS shall provide an annual report to the full County Board regarding SCLS. This report shall typically be scheduled for the fall of each year or as otherwise designated by the County Board. The report shall include an update on staffing, clients being served, business plan and the overall financial status of SCLS. 66

72 Board Policies BP 2121(a) Administration BP 2121(a) Salary of Sonoma County Superintendent of Schools Pursuant to its authority under Section 3.1 of Article 9 of the Constitution of the State of California the Board shall review and fix the salary including all compensation of the County Superintendent. A. The following protocol and criteria may serve as guidelines for the Board and Superintendent, it being understood that the Board reserves its plenary authority to establish the Superintendent s salary and compensation. B. Protocols and Criteria Guidelines: 1. The Board will annually review the Superintendent s salary and compensation for purposes of considering an adjustment for the fiscal year. Any adjustment may be retroactive to be in line with the term of office. This annual review will include the following data: Salary and medical benefit cost for Superintendents in Class III county offices Salary and medical benefit cost for Superintendents in the high school and unified school districts in Sonoma County Salary and medical benefits cost for County of Sonoma Elected Officials Information on the change in total compensations for SCOE employee groups, including the cost of step & column and medical benefits 2. At least once every four years the Personnel Standing Committee may complete a comprehensive study of the salary range assigned to the position of Superintendent. During the years where a comprehensive survey is completed the following information will be gather from the jurisdictions listed above in number one: Salary Medical benefits Car allowances Tax-sheltered annuities and/or deferred compensation Through a majority vote of the Committee, the Committee may establish additional criteria for data to be collected for the comprehensive study. 3. The following protocol will normally be utilized in determining any adjustment to the Superintendent s salary: (a) The Committee may invite the Superintendent to submit information and data relating to the prior fiscal year, such as program accomplishments; 67

73 Board Policies BP 2121(a) Administration community, staff and Board relations; program compliance with mandates; internal/external educational leadership; and level of productivity along with a recommendation for any modification to the annual salary or other compensation. (b) (c) (d) (e) (f) The Superintendent is welcome to approach the Personnel Standing Committee at any time regarding the salary for the position. The Standing Committee on Personnel should meet in February to review information pertinent to the Superintendent s salary and compensation. The Personnel Standing Committee may direct that additional information be gathered, and will normally schedule a meeting in the month of March. At its March meeting, the Committee will endeavor to develop a recommendation to be submitted to the Board for a first reading at its regular April meeting. At the April Board meeting, the Personnel Committee will normally present its recommendations, a summary of the data collected, and the fiscal impacts of any recommended salary adjustment to the Board. The Board will evaluate the information, and may either refer the matter back to the Personnel Committee or se the matter for action at its May meeting. In the event the matter is referred back to the Personnel Committee, the Committee will meet and submit a further proposal to the Board for action at a future Board meeting. C. Setting Salary for New Superintendent: No later than the November meeting of the year prior to an election for County Superintendent of Schools the Board shall establish a salary for the office of County Superintendent. The Board will notify the County Clerk of any change in the salary no later than December 1 st. Thereafter the salary will be determined by the Board based upon recommendations of the Personnel Standing Committee. The new Superintendent is welcome to approach the Personnel Standing Committee at any time regarding the salary for the position. Legal Reference: Education Code sections 1042, 1207; California Constitution, Article 9, Section 31; 62 Ops. Cal. Attorney General 356 Date Adopted: June 11, 2003 (Adopted as Rule ) Date October 6, 2005; June 26,

74 Board Policies BP 2121(b) Administration BP 2121(b) County Superintendent Benefits For purposes of this policy plan is defined as the group health, dental, or vision plans sponsored by the County Office. The County Superintendent may participate in the benefit plans, such as, but not limited to, health, dental, vision and life insurance which are offered to management employees and their eligible dependents. In general, benefits commence on the first of the month following thirty (30) days of employment and cease on the last day of the month of termination. If the Superintendent becomes eligible for Medicare, s/he must enroll in Medicare Part A. If the Superintendent fails to enroll in Medicare Part A by his/her 65 th birthday, the Superintendent will be responsible for the entire increase in premium costs. Once the Superintendent enrolls in Medicare, the benefits provided under this policy shall be coordinated with Medicare, as applicable. The County Board shall specify the benefits provided to the Superintendent. Unless otherwise specified by the County Board, the Superintendent s contribution for the cost of benefits will be the same as that required for certificated management employees. The County Board reserves the right to amend or terminate any benefit program provided to the Superintendent or to require or increase Superintendent s premium contributions toward any benefit. These rights may be exercised in the absence of financial necessity. Retiree Medical Insurance The County Office will pay according to the SCOE Contribution Formula listed below and not more than $ per month for medical benefits (health, vision, dental) of a retired Superintendent who meets all of the following conditions until the retired Superintendent is age 65: The Superintendent is at least fifty-five (55) years of age and voluntarily retires from active service with the County Office, and The Superintendent has rendered a minimum of eight (8) consecutive and full time years of service for the County Office. For purposes of this policy retirement shall be defined as entering into a retirement contract with the Public Employee Retirement System or the State Teachers Retirement System and activating the retirement status of that contract. The person would not be eligible for benefits from a public school agency during the time he or she is receiving benefits from SCOE. 69

75 Board Policies BP 2121(b) Administration SCOE Contribution Formula A Superintendent and his/her dependent are only eligible for a contribution from the County Office to the plan, or plans, in which the employee and his/her dependent are enrolled at the time of retirement and only as described below. With eight (8) or more years of consecutive and full time service, the County Office contribution amount shall be the cost of the Kaiser High Option, dental, and vision single coverage premiums, but not more than the $960/month maximum. If the Superintendent is not enrolled in the County Office sponsored plans at the time of retirement, there shall be no contribution from the County Office. With twelve (12) or more years of consecutive and full time service, the County Office contribution amount shall be the cost of the Kaiser High Option, dental, and vision premiums for the Superintendent and one dependent, but not more than the $960/month maximum. If the Superintendent and his/her dependent are not enrolled in the County Office sponsored plans as of the date of retirement, there shall be no contribution from the County Office towards the cost of dependent coverage. In computing the years of service to be eligible for coverage described above, the County Board reserves the right to: grant service credit for prior experience with public school or community college districts in Sonoma County, and/or waive the eight year minimum if a Superintendent was selected to complete the term of another former Superintendent and is then elected to and serves a full second term. In the event that the former Superintendent relocates to an area where any of the benefits provided under this policy are unavailable, the County Office may provide the premium contributions set forth above to any other recognized health plan(s) designated by the former employee. If the former Superintendent selects a more expensive plan(s), the Superintendent shall be responsible for the premium costs above the County Office s contribution. In the event that the County Office premium contributions specified above are insufficient to provide dependent coverage, such coverage may, subject to carrier approval, be available to the Superintendent and his/her dependent at no further expense to the County Office. Any Superintendent who does not qualify for a County Office contribution towards benefit premiums will have a one-time-only opportunity to elect to purchase medical, dental, and vision coverage for the employee and his/her dependents at no cost to the County Office. All retirees who are eligible must file for Medicare when s/he reaches the age of eligibility for Medicare and be transferred to Medicare benefits as primary coverage. If a retiree fails to enroll in Medicare Part A by his/her 65 th birthday, the retiree will be responsible for the entire increase 70

76 Board Policies BP 2121(b) Administration in premium costs. Once the retiree enrolls in Medicare the benefits provided under this policy shall be coordinated with Medicare, as applicable. Once a retiree terminates coverage for himself/herself, the retiree and his or her dependents shall not be eligible to reinstate coverage. If a retiree does not have a dependent at the time of retirement, or his/her dependent is not enrolled at the time of retirement, or the retiree terminates coverage for his/her eligible dependents, the retiree s dependents shall not be eligible to enroll or reinstate coverage, unless one of the qualifying events described below occurs. a. Qualifying Events: 1. With carrier approval, if after retirement a former Superintendent enters into a marriage or registered domestic partnership, if the spouse or registered domestic partner is under age 65, the spouse/domestic partner may be added to group coverage as a dependent so long as proof of the marriage or registered domestic partnership is provided to Human Resources within 30 days of the marriage or registration of domestic partnership. Such coverage of the spouse/domestic partner shall be at no cost to the County Office. The spouse/domestic partner may continue to be enrolled in group coverage until the spouse/domestic partner attains age 65 or the death of the retiree, whichever occurs first. 2. With carrier approval, if a retired Superintendent s spouse, or registered domestic partner, loses other employer sponsored group health coverage and is under age 65, the spouse/domestic partner may be added as a dependent so long as proof of the loss of other coverage is provided to Human Resources within 30 days of the loss of group coverage. Such coverage of the spouse/domestic partner in the group plan shall be at no cost to the County office. The spouse/domestic partner may continue to be enrolled in group coverage until the spouse/domestic partner attains age 65 or the death of the retiree, whichever occurs first. Other than as provided under COBRA or by the carrier, dependents shall not be eligible for coverage in the group benefit plans once the retired Superintendent is deceased. Except as provided above, surviving dependents shall be responsible for the entire cost of any premiums and COBRA administration fees, and shall be subject to termination of benefits for non-payment of premiums or fees. Continuation of Benefits through COBRA In implementing the Consolidated Omnibus Budget Reconciliation Act (COBRA), the County Board allows former Superintendents the option, subject to carrier approval, of retaining health insurance coverage when they retire or otherwise leave the County Office through the COBRA Plan. 71

77 Board Policies BP 2121(b) Administration Continued coverage through the County Office COBRA Plan shall also be made available to a Superintendent s spouse and dependents upon the Superintendent s death, separation or divorce, until age 65 or eligibility for Medicare is attained or upon termination of a child s dependent status under the County Office health insurance program. A Superintendent who is removed from office for gross misconduct may not retain health insurance coverage through the County Office group plan or COBRA. Persons who choose to retain health insurance coverage under COBRA shall be charged the full cost of coverage plus two (2) percent. All qualifying persons may retain coverage for no more than the current COBRA limits for qualifying coverage. Those persons who become disabled as defined by Social Security within the first sixty (60) days of COBRA may continue coverage at their own expense for an additional twenty-one (21) months. Coverage will end if the Superintendent, former Superintendent or dependent: fails to pay the insurance premium and administration fee, with notification as required by law; secures, or becomes eligible for, health insurance coverage through subsequent employment or through a spouse or parent; remarries and is no longer eligible for coverage under the former spouse s coverage; or becomes eligible for Medicare benefits. Coverage for any or all plans will be terminated by the County Office if such plans are no longer in effect. Legal References: Consolidated Omnibus Budget Reconciliation Act of 1986 Government Code: , 22156, Public Law: Date Adopted: July 1, 2010 Date 72

78 Sonoma County Board of Education Board Policies Series 3000 Business and Noninstructional Operations 73

79 Board Policies BP 3100(a) Business and Noninstructional Operations BP 3100(a) Budget Budget Calendar and Standing Committee Review On an annual basis and no later than the Board s regular meeting in November the Superintendent shall submit to the Board for approval a Budget Development Calendar for the next budget year. The Superintendent shall include as an addendum to the Budget Calendar a proposal for assigning each program budget to one of the Board s Standing Committees and a proposed timetable for such review. This addendum shall be prepared in consultation with the Administration and Business Services Committee. Legal Reference: Education Code section 1040, 1240 Date Adopted: December 11, 1997 (Adopted as Rule ) Date SELPA Budget The responsibility for the review and approval of the Sonoma County Special Educational Local Plan Area (SELPA) budgets rests with the Superintendents Council, which is the governing body for the Sonoma County SELPA. 1. The Board recognizes that the Superintendents Council is guided by the adopted SELPA policies and guidelines of the SELPA member entities. 2. The hearing to sunshine and adopt the SELPA budget is done as part of a Superintendents Council meeting. 3. The Education Code imposes a duty on a county board of education to review the annual audit report of SELPA and as such is combined with the SCOE audit of budget and expenses when they are submitted to the California Department of Education for purposes of annual audit requirements. Legal Reference: Education Code section 1010(e), and 56205(b)(1) Adopted: October 4,

80 Board Policies BP 3100(a) Business and Noninstructional Operations County School Service Fund Services The Board is authorized to approve the provision of specified County School Service Fund services permitted or authorized in Chapter 6, Part 1, of the Education Code, beginning with Section 1700 by the County Superintendent of Schools. Detailed statements of policies and procedures, approved from time to time by the Board, in furtherance of said services are as set forth in other rules under this section. Should the County Superintendent of Schools provide these services, the County Superintendent shall develop an Administrative Regulation to comply with the regulations of the Superintendent of Public Instruction. Legal Reference: Education Code section 1700 Adopted: (Adopted as Rule104.2) January 8,

81 Board Policies BP 3270(a) Business and Noninstructional Operations BP 3270(a) Purchase, Sale and Disposal of Books, Equipment, and Supplies Instructional Material Services A. The Board shall approve the establishment and conduct of instructional materials/media services and school library services for public and nonpublic schools and institutions of higher education in accordance with applicable laws and policies. B. The Board shall approve the appointment of properly credentialed personnel to conduct and maintain the instructional materials facilities. C. The Board shall approve policy for review, evaluation, selection and purchase of instructional materials furnished by the County Superintendent of Schools. D. Selection and Evaluation Guidelines 1. The Sonoma County Office of Education should provide a comprehensive collection of instructional materials to support the educational programs of the school districts contracting for such learning resources. 2. Instructional materials should be sought which take into consideration the broad and varied needs of the teachers and students served. 3. All media materials purchased should be previewed favorably by teachers, administrators, students, and/or other appropriate personnel. These previews could include the following: a. Sonoma County teachers or administrators b. Sonoma County parents and/or students individually or in group sessions. c. SCOE Educational Specialists and/or other qualified staff. d. Members of participating video consortiums. e. Other reliable sources which may be available. 4. Material will be selected that will stimulate growth in factual knowledge, aesthetic values, and ethical standards; that will provide materials representative of the many ethnic, religious, and cultural groups and their contributions to our American heritage; and that will provide opposing sides of controversial issues so that young citizens may develop under guidance, the practice of crucial reading and thinking. 5. Instructional materials shall be aligned with the California Content Standards and the California Curriculum Frameworks. 76

82 Board Policies BP 3270(a) Business and Noninstructional Operations 6. The Sonoma County Office of Education should provide guidance and assistance to contracting schools in their selection of instructional materials of which actual districts are responsible. 7. Instructional materials shall comply with the California State Department of Education Standards for evaluation of instructional materials with respect to social content. The most current Standards for School Library Programs published by the ALA/American Association of School Librarians shall serve as a guide in developing the district program. E. Policy on District Withdrawal from School Library Services 1. Should a district wish to withdraw from the County Schools Library Service, the district superintendent shall so inform the County Superintendent in writing prior to February 1 for the following school year effective July 1. F. Approval Guidelines Instructional materials which have been evaluated according to established guidelines shall be submitted to the Board for approval prior to purchase. Instructional materials shall be approved before they are placed and distributed to the schools by the County Superintendent of Schools according to established guidelines and practices. Any three or more members of the Board may request re-evaluation of any title submitted for possible purchase. Such re-evaluation shall be carried out by the professional staff of the Sonoma County Office of Education and results reported to the Board. G. Reconsideration Guidelines: 1. Any formal request for reconsideration of materials supplied by this office shall be registered with the Sonoma County Superintendent of Schools in writing. The County Superintendent or their designee representative shall contact the complainant and, if possible, resolve any misunderstandings. If the complainant requests withdrawal of a book, or item from use, a copy of the Request for Reconsideration of Instructional Materials shall be presented to the complainant with an explanation of the reconsideration procedure. The Superintendent is encouraged to prepare a form of a request for reconsideration. The request for reconsideration shall include appropriate information on the material, and the specific objections. 77

83 Board Policies BP 3270(a) Business and Noninstructional Operations Upon receiving the request for reconsideration, a letter acknowledging receipt will be sent to the complainant with a Request for Reconsideration of Instructional Materials form. 2. If the citizen files the Request for Reconsideration of Instructional Materials, it shall be reviewed by a Committee appointed by the County Superintendent of Schools and shall be comprised of members of the Sonoma County Board, administrators, teachers, and Sonoma County Office of Education staff. 3. The Committee shall review the material in reference to the objection made and shall convey its findings and recommendations to the Sonoma County Board of Education at a regular Board meeting. 4. The Board shall review and render a judgment, which shall be final. Legal Reference: Education Code sections 1830, 1770, 1704; 1831, 1834, 18138, 18139, Date Adopted: (Adopted as Rule 104.9) Date December 9, 1993; October 7, 1993; December 11,

84 Board Policies BP 3280(a) Business and Noninstructional Operations BP 3280(a) Purchase/Lease of Sale/Disposal of Real Property It is the policy of the Board that adequate and appropriate real property be provided to meet the housing needs for the programs and services of the County Office. The Board recognizes the need to provide a suitable learning environment for students within its jurisdiction. The Board also recognizes the need to provide a safe and healthful work environment for employees of the County Office. Acquisition and sale of property shall be in a timely manner, and shall be based upon the identified needs of the County Office. Agreements for the lease purchase, purchase, or sale of real property for the programs and services of the County Office may be entered into by the County Superintendent subject to the approval of the County Board. In order to promote continuity of programs, whenever possible, the County Office will endeavor to enter into long term agreements. Title is held jointly by the Sonoma County Board of Education and the Sonoma County Superintendent of Schools, collectively referred to as the Sonoma County Office of Education. The Board will be provided with a complete listing of all leases. Any changes to existing leases will be provided to the Board on an annual basis. Legal Reference: Education Code sections 1042, et seq., et seq., Date Adopted: December 5, 1991 (Adopted as Rule ) Date Disposal of Surplus Property Worth $25,000 or more The County Superintendent shall not in any manner dispose of any personal property worth $25,000 or more that belongs to the County Office of Education without meeting the following conditions: a. Obtaining an independent valuation of the property. b. Advertising the property for sale in a newspaper of general circulation within the county. The advertisement shall be published twice over a two-week period. c. Bringing the matter to the attention of the County Board of Education for its discussion at a regularly scheduled public meeting. d. Obtaining the approval of the County Board of Education. Legal Reference: Education Code section

85 Board Policies BP 3280(a) Business and Noninstructional Operations Date Adopted: January 7, 2004 (Adopted as Rule ) Date Disposal of Property Worth less than $25,000 The County Superintendent shall not dispose of any personal property worth less than $25,000 that belongs to the County Office of Education unless he or she certifies the value of the property in a quarterly report and submits that report to the County Board of Education for its review at a regularly scheduled public meeting. For purposes of this guideline personal property means personal property that is subject to inventory under established policy, as set forth in the Superintendent s Policy Manual. Legal Reference: Education Code section 1279 Date Adopted: January 7, 2004 (Adopted as Rule ) Date Approval of Budget Revisions On a monthly basis the County Superintendent shall report prior budget revisions such as new programs and grants to the County Board of Education for approval. A budget revision occurs when the budget of any program (defined as resource under SACS) is increased or decreased by $25,000 or more in any of the eight major object codes. Such revisions must be submitted to the Board within 45 days of the end of the month the revisions occur. Budget revisions in any program that exceeds $100,000 shall be submitted to the Board for approval before the revisions occur. Legal Reference: Education Code section 1280 Date Adopted: January 7, 2004 (Adopted as Rule ) Date Approval of Consultant Contracts If the County Superintendent of Schools enters into a consultant contract for twenty-five thousand ($25,000) or more and the contract constitutes a budget revision, it shall be incorporated in the next interim financial report or other Board report when the report is submitted to the County Board of Education for discussion and approval at a regularly scheduled public meeting of the County Board of Education. For purposes of this guideline contracts for the delivery of personnel or professional services to the County Office of Education for special education programs through non-public agencies shall not constitute a consultant contract. cf. BP (a) Legal Reference: Education Code section 1281 Date Adopted: January 7, 2004 (Adopted as Rule ) Date 80

86 Board Policies BP 3290(a) Business and Noninstructional Operations BP 3290(a) Acceptance of Gifts The Superintendent is authorized to accept any bequest or gift of money or property on behalf of the County Office of Education. In determining whether to accept such gifts, the Superintendent shall consider whether the gift is consistent with and beneficial to the purpose of the County Office of Education. All gifts accepted by the Superintendent shall be reported to the Board of Education on a regular basis. When property accepted on behalf of the County Office of Education becomes unusable, obsolete, or is no longer needed by the County Office of Education, it may be disposed of as authorized by Education Code Sections and Legal Reference: Education Code sections 1042; and Date Adopted: (Adopted as Rule ) Date 81

87 Board Policies BP 3320(a) Business and Noninstructional Operations BP 3320(a) Claims and Actions Against Board of Education Contract, Tort and Other Claims Unless a procedure for processing claims for damages or money is provided by State or local law, and notwithstanding the exemptions set forth in Section 905 of the Government Code, all claims for damages or money claimed to be due from the Board, including claims by the State of California, or its agencies, or other public entities, shall be presented within the time limitations and in the manner prescribed by Section 910 through of the Government Code. Such claims also shall be subject to the provisions of Section of the Government Code relating to the prohibition of suits in the absence of presentation of claims and action thereon by the Board. Legal Reference: Government Code sections 905, ; Date Adopted: (Adopted as Rule 110.2) Date Employee Claims Unless a procedure for processing employee claims as defined herein is otherwise provided by State or local law, and notwithstanding the exceptions provided by Section 905 of the Government Code, all claims by public officers or employees for fees, salaries, wages, overtime pay, holiday pay, compensating time off, vacation pay, sick leave pay, and other expenses or allowances claimed to be due from the Board shall be presented within the time limitations and in the manner prescribed by Sections 910 through of the Government Code. Such claims also shall be subject to the provisions of Section of the Government Code relating to the prohibition of lawsuits in the absence of presentation of claims and action thereon by the Board. Legal Reference: Government Code sections 905, ; Date Adopted: (Adopted as Rule 110.1) Date 82

88 Board Policies BP 3325(a) Business and Noninstructional Operations BP 3325(a) Filing of Public Agency Statement of Facts In order for claimants to be required to comply with the statutes addressing claims and actions against the Board, the County Office of Education shall register and keep current with the Sonoma County Clerk and Secretary of State a Statement of Facts Roster of Public Agencies Filing. Such filing shall occur any time there is a change in the name of each member of the governing body or a change in the name, title and business address of president, clerk or secretary of the board. The responsibility for such filing shall rest with the Secretary of the Board. Legal References: Government Code section Dated Adopted: 1 st June 7, 2007 Date 83

89 Board Policies BP 3350(a) Business and Noninstructional Operations BP 3350(a) Travel Expenses Travel Outside of County Members of the Board are authorized to travel outside of the County of Sonoma on Board business where such travel is reasonably related to the business of the County Board of Education. Such travel shall be approved and reimbursement for actual and necessary expenses shall be made to the Board member under the following circumstances: 1. Where the travel is to the annual conference of: the California School Boards Association (CSBA); the National School Boards Association (NSBA); or the California County Boards of Education Association (CCBE). 2. Where the travel is to any special conference or program on training, legal issues involving public education, current issues in education, or new legislation where such conference or program is conducted by NSBA, CSBA, or CCBE. 3. Where such travel is pursuant to a committee assignment or an office held in NSBA, CSBA, or CCBE. 4. Where such travel is pursuant to attendance at a conference or program held within the United States of America so long as such conference or program is directly related to the business of the Sonoma County Board of Education or any committee thereof. Legal Reference: Education Code section 1090, 1091, 1096 Date Adopted: (Adopted as Rule 88.2) Date May 1, 1997 Travel Expenses A. Payment of travel expenses and related allowances incurred by the county superintendent of schools and staff members. Payments of such expenses are authorized within the following criteria: 1. The travel expenses are incurred either by the county superintendent or staff designated to incur travel expenses from funds within the control of the county superintendent. 84

90 Board Policies BP 3350(a) Business and Noninstructional Operations 2. The travel expenses are incurred for curricular and special services or other activities legally authorized to be performed by the county superintendent of schools and staff members. Reimbursement for the county superintendent and staff members shall be made according to the following circumstances: a. The purpose of the trip is shown. b. Sufficient detail is provided to establish that the expenses incurred were actual and necessary to accomplish the purpose of the travel. c. The claim is approved by an officer designated by the county superintendent. d. Receipts or vouchers accompany the claim. B. Per Diem Expenses A per diem allowance may be paid according to the following criteria: 1. In-state travel in an amount no greater than the actual and necessary travel expenses will be paid to the county superintendent and designated staff. 2. Out-of-state travel in an amount no greater than actual and necessary travel expenses will be paid to the county superintendent and designated staff for travel to and from conferences, workshops, seminars, or other designated programs relevant to the programs of the county superintendent of schools. 3. If the county superintendent receives a car allowance, the car allowance is intended to cover the cost of work related travel via their personal vehicle within the county and within a 150 mile radius of the county office of education main building. The expenses covered by the reimbursement are for mileage, fuel, insurance and wear on the personal vehicle. The car allowance is not intended to cover the cost of work related travel beyond the 150 mile radius, inclusive of, airfare, rental cars and rental car fuel cost, parking and bridge tolls. C. Approval Process Approval for travel will be granted according to Superintendent s Policy and Operating Procedure. Reimbursement for travel expenses will be granted according to Superintendent s Policy and Operating Procedure. D. Automobile and Travel Expenses Travel expenses for staff may be covered by reimbursement for miles driven or automobile furnished by the County Office in accordance with Sections et seq. and et seq. 85

91 Board Policies BP 3350(a) Business and Noninstructional Operations of Title 5 of the Code of Regulations. In recognition of the unique duty of the Superintendent to visit schools, the County Superintendent may obtain a vehicle furnished by the Office in accordance with Sections et seq. of Title 5 of the Code of Regulations. Legal Reference: Sections et seq., et seq. of Title 5 of Code of Regulation; Education Code sections 1081, 1240 Date Adopted: December 9, 1993 (Adopted as Rule 106.6) Date July 1,

92 Board Policies BP 3460 Business and Noninstructional Operations BP 3460 Guidelines for Special Reserve Fund The Sonoma County Board of Education Special Reserve Fund shall be used to finance and account for funds designated by the County Board with the agreement of the County Superintendent of Schools for a specific restricted purpose or for an undesignated, unrestricted purpose. Expenditures from this fund should be aligned with the Sonoma County Office of Education s vision, goals and priorities as developed by the County Board and the County Superintendent of Schools. The Special Reserve Funds are one-time funds. Expenditures from the Special Reserve Fund should support the following: The philosophy of the Sonoma County Office of Education. The goals of the Sonoma County Office of Education. The long term stability and enhancement of the Sonoma County Office of Education. Students in Sonoma County. Professional Development. Proposals for the use of the Special Reserve Fund may be introduced by the County Board, the County Superintendent of Schools or Sonoma County Office of Education staff. Proposals should include the following: A statement of how the expenditure will support the philosophy and goals of the County Board. Identify the number of students that will be impacted by the expenditure. Identify the anticipated student outcome. Identify if the expense is one-time or for the development of an on-going program. If the expense is for an on-going program, identify the plan for funding the program on a continuing basis. Except in emergency situations, as determined by a majority of the County Board, proposals shall be submitted to the County Board for a first reading before any action is taken to approve or 87

93 Board Policies BP 3460 Business and Noninstructional Operations deny the proposal. The proposal shall be acted on no earlier than the next regularly scheduled board meeting. Legal Reference: Education Code 1040, 1042, 41015, et seq., Adopted: March 6,

94 Board Policies BP (a) Business and Noninstructional Operations BP (a) Tobacco-Free Environment In light of findings which indicate that even secondhand exposure to environmental tobacco smoke can cause lung cancer and other illnesses, and in order to present a positive role model to students, it is the intent of the Board acting with the concurrence of the County Superintendent to protect the health and safety of employees, students, clients, and visitors by providing a tobaccofree environment. The Board and the County Superintendent prohibit tobacco use at all times in all facilities owned and/or operated by the County Office, whether indoors or out-of-doors and in all County Office vehicles whether located on County Office property or off the premises. The Board notes that the County Superintendent has assigned responsibility for the dissemination of information on the health effects of tobacco use, smoking and smoking cessation to the Deputy Superintendent. Legal Reference: Education Code section 48901; Health and Safety Code sections 39002, ; Labor Code section ; 20 United States Code 6083, Date Adopted: February 3, 1994 (Adopted as Rule ) Date 89

95 Board Policies BP (a) Business and Noninstructional Operations BP (a) Recovery for Property Loss or Damage (c.f. BP 1312, BP 3320) 90

96 Board Policies BP (c) Business and Noninstructional Operations BP (c) Repair or Replacement of Employee Property Pursuant to the authority of Sections of the Education Code of California, it is the intent of the Board of Education that any employee of the Sonoma County Office of Education, whether certificated or classified, may have reimbursement for the cost of replacing or repairing property of such employee, necessarily worn or carried by the employee, when any such property is required on the job. If the property is damaged beyond repair, the actual value of such property shall be determined as of the time of the damage thereto. Legal Reference: Education Code sections Date Adopted: (Adopted as Rule 106.1) Date December 9,

97 Board Policies BP 3600(a) Business and Noninstructional Operations BP 3600(a) Hiring of Consultant which County Superintendent of Schools has an Interest The County Superintendent of Schools will not hire as a consultant any person or entity in which he or she has a financial interest. Date Adopted: January 7, 2004 (Adopted as Rule ) Approval of Consultant Contracts If the County Superintendent of Schools enters into a consultant contract for twenty-five thousand ($25,000) or more and the contract constitutes a budget revision, it shall be incorporated in the next interim financial report or other Board report when the report is submitted to the County Board of Education for discussion and approval at a regularly scheduled public meeting of the County Board of Education. For purposes of this guideline contracts for the delivery of personnel or professional services to the County Office of Education for special education programs through non-public agencies shall not constitute a consultant contract. Date Adopted: January 7, 2004 (Adopted as Rule ) Loans to School Districts and Related School District Agencies General Loan Considerations: During a school year the County Superintendent of Schools and the County Board of Education may receive requests from school districts and related school district agencies for loans. The nature of the requests are generally made under the following circumstances: 1) Need for short-term cash flow assistance. 2) Need for specific purposes such as construction, equipment, supplies, etc. 3) Financing from other sources is not available. 4) Financing from other sources is not favorable. 5) Short-term bridge financing is needed to expedite specific projects. 6) Occurrence of natural disasters or emergency circumstances. 92

98 Board Policies BP 3600(a) Business and Noninstructional Operations Approval Considerations of County Superintendent: In order to financially assist districts under certain situations, the following parameters and conditions have been established which provides the County Superintendent of Schools the ability to approve loans: 1) Sufficient availability of County Office funds. 2) Loans do not exceed thirty-six (36) months. 3) Loan amount does not exceed $200,000. 4) Loans and terms are reported to the Board within sixty (60) days. 5) The County Superintendent accepts full responsibility for decision to grant loan. 6) Districts provide sufficient rationale to justify the loan (after checking availability of other sources). 7) District demonstrates ability to repay the loan. 8) Interest rate charged will equal or exceed the rate earned by the County Office as defined by the interest earned by the County of Sonoma Treasurers pooled rate. 9) County Superintendent is authorized to make emergency loans not to exceed $100,000 for less than thirty (30) days without charging interest. 10) Loan may be issued only to Sonoma County school districts and related school district agencies excluding programs where SCOE is the Local Educational Agency (LEA), i.e., SELPA. Approval Considerations of County Board of Education: In order to financially assist districts under certain situations, the following parameters and conditions have been established which provides the County Board of Education the ability to approve loans: 1) District will show evidence of need that the County Office is the most reasonable source of funds (after checking availability of other sources). 2) Sufficient availability of County Office funds. 3) Loan term does not exceed sixty (60) months. 4) Loan amount does not exceed $600,000. 5) Interest rate charged will equal or exceed the rate earned by the County Office at the time of the loan request. 6) District demonstrates ability to repay the loan. 7) Need for short-term bridge loan to expedite specific project(s). 8) Need for loan due to emergency conditions or natural disaster. 93

99 Board Policies BP 3600(a) Business and Noninstructional Operations General Provisions It shall be understood that the County Office is not intended to be viewed as a primary lending source, but rather one option that may be the most practical source under certain circumstances. Additionally, it is the intent of the County Board of Education to provide this as a service to districts and is not viewed as a way to generate additional income for the office. The County Board of Education may consider pooling district needs when securing bridge financing for cash flow purposes. Such loans are to be repaid within ninety (90) days. This would most typically occur during the transitions from one fiscal year to the next or during the months preceding the distribution of taxes and may, in the aggregate, be several millions of dollars. Based on requests received and availability of County Office funds, the County Office of Education has the discretion to determine how much will be loaned to a given requesting school district. On an annual basis, and no later than the September board meeting, the County Board of Education will receive a report of loans granted during the previous fiscal year. Adopted: November 11, 2005 (Adopted as Rule104.41) cf. BP 3600 (a), 5119(a), , 6178(a), BB 9312(a, 9320(a) Legal Reference: Education Code sections 128, 35160, ,

100 Sonoma County Board of Education Board Policies Series 4000 Personnel 95

101 Board Policies BP 4000(a) Personnel BP 4000(a) Personnel Report The County Superintendent of Schools or designee shall provide each member of the Board with a written report that discloses all personnel transactions that involve hiring, separation, promotion, bonuses, salary increases or decreases, or salary schedule adjustments of any employee. The report shall be provided to the Board as an information item on the public agenda of a regular Board meeting that occurs no later than 45 days after the action is taken. The report shall not include confidential information such as the reasons for a probationary employee nonreelection or the basis for disciplinary action, but shall include all notices regarding layoff and non-reelection, of all classified and certificated employees. In addition, individual board members will be notified immediately, by electronic means, when such personnel actions relate to any classified or certificated manager, supervisor or confidential employee. Legal Reference: Education Code sections 1040, 1042, 1240, 1290 et seq. Date Adopted: January 9, 2003 (Adopted as Rule 106.7) Date 96

102 Board Policies BP 4010(a) Personnel BP 4010(a) Equal Employment Opportunity Policy The policy of the Sonoma County Board of Education is to provide equal opportunity in employment for all persons. Discrimination based on race, sex, color, religion, age, physical handicap, ancestry, or national origin is prohibited in every aspect of personnel policy and practice; including employment, development, advancement, and treatment of employees. The policy of equal employment opportunity shall be promoted through a continuing affirmative action program as provided by the Sonoma County Office of Education Affirmative Action Plan. Legal Reference: Education Code sections 200, 44100, 44830; Government Code 11135, et seq.; 20 United States Code 1681 et seq., 29 USC 749, 42 USC 2000d-2000d-7; 34 Code of Federal Regulations Date Adopted: (Adopted as Rule 106.3) Date 97

103 Board Policies BP 4020(a) Personnel BP 4020(a) Drug and Alcohol Free Workplace The following are the procedures for implementing the Sonoma County Office of Education s (SCOE) policy regarding the maintenance of a drug and alcohol free workplace. SCOE shall provide a drug and alcohol free workplace by: 1. Notifying all employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition. 2. Advising employees that the term workplace or worksite includes all premises where the activities of SCOE are conducted and all places and in all vehicles where any employee performs any assigned duty; 3. Informing employees that: a. The use of drugs or alcohol in the workplace not only may affect productivity and performance, but also may endanger the health, safety and welfare of the students, fellow employees, the public and the drug user; b. It is the policy of SCOE to maintain a drug or alcohol free workplace; c. Drug or alcohol counseling and rehabilitation programs are available (e.g. through employee health plans; employee assistance programs, etc.) d. Use of drugs or alcohol in the workplace may result in criminal prosecution and/or disciplinary action in accordance with SCOE s collective bargaining agreements with its employees, policies, the California Education Code, and all other applicable state and federal laws and regulations. 4. Requiring that each employee receive a copy of a notice stating that as a condition of employment under any federal grant or contract, the employee shall: a. Abide by the terms of the notice and SCOE s policy of maintaining a drug or alcohol free workplace. 98

104 Board Policies BP 4020(a) Personnel b. Notify the employer of any criminal drug or alcohol statute conviction (including a plea of nolo contendere) for a violation occurring in the workplace no later than five days after such conviction; 5. Notifying the appropriate federal agency, within ten days after receiving notice under subparagraph (4) (b), from an employee or otherwise receiving actual notice of such conviction; 6. Taking one of the following actions, within 30 days of receiving notice under subparagraph (4) (b), with respect to any employee who is so convicted: a. Taking appropriate personnel action against such an employee, which may include termination; or b. Requiring such employee to satisfactorily participate in a drug or alcohol abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 7. Making a good-faith effort to continue maintaining a drug or alcohol free workplace through implementation of this policy. Legal Reference: Education Code sections 44011, 44065, 44425, 44836, 44940, , 45123, 45304; Government Code ; United States Code Title ; Title ; Title ; Code of Federal Regulations Title Date Adopted: April 5, 1990 (Adopted as Rule 106.4) Date 99

105 Board Policies BP 4100(a) Personnel BP 4100(a) Duties Pertaining to Certificated Personnel Registration of Certificates The County Board of Education acting in accordance with the authorization set forth in Sections and of the Education Code requires that all persons employed to serve in the county in a school position requiring certification qualifications shall register in the Office of the County Superintendent of Schools valid certificates or other documents authorizing the holder to serve in a school position. The Superintendent or designee shall register the certificates. The registration shall be deemed to be the issuance of a county certificate authorizing the holder to teach in the schools of Sonoma County. Legal Reference: Education Code sections 44330, Date Adopted: (Adopted as Rule 107.1) Date February 7, 1991 Temporary Certificates The County Board of Education may issue temporary certificates for the purpose of authorizing salary payments to teachers whose credential or permit applications are being processed Teachers who make application for credentials or permits or the renewal of credentials or permits through this office may be issued a temporary certificate for a period not to exceed one hundred and twenty (120) days providing the applicant shall make a statement under oath that he has duly filed his application for a credential or permit together with the required fee and that to the best of his knowledge no reason exists why he should not be issued a credential or permit by the State Department of Education. Such temporary certificates shall be valid for not more than one hundred and twenty (120) schooldays and only until the credential or permit originally requested is either issued or denied by the State Department of Education. For the purpose of administration of Section these specific requirements are set forth: a. A completed application shall contain all documents and the fee necessary to issue the credential or permit. b. When the application is not filed through this office the following information must be provided by the applicant: 1. A statement from the educational institution or other office forwarding the application that a completed application was filed, the date of filing, and the licensing office to which the application was filed. 100

106 Board Policies BP 4100(a) Personnel c. To meet an emergency situation upon the written request of a District Superintendent, the Superintendent is authorized to waive these requirements in order to maintain the staffing of the schools. Legal Reference: Education Code section Date Adopted: (Adopted as Rule 107.2) Date Emergency Credentials (Substitute Service) To become eligible for an emergency credential an applicant must meet the following requirements: For Emergency General Teaching Credential (30 Consecutive Day Substitute Service): Bachelor s degree including six (6) semester hours of acceptable education courses. Must pass California Test of Basic Skills (CBEST). Legal Reference: Education Code section Date Adopted: (Adopted as Rule107.3) Date Review of Issuance of Temporary County Certificates All temporary county certificates issued by the County Office of Education will be brought to the Board on a monthly basis for Board approval. Legal Reference: Education Code section Adopted: January 7, 2004 (Adopted as Rule104.39) Life Diplomas (Rule 107.4) (Repealed 12/9/93) Establishment of Positions The County Superintendent of Schools may, with the approval of the County Board of Education and in accordance with regulations of the Superintendent of Public Instruction which he/she is authorized to adopt, employ qualified personnel to provide for the coordination of courses of study, guidance services, health services, school library services, special education, and attendance activities among the school districts under his/her jurisdiction. 101

107 Board Policies BP 4100(a) Personnel Any employment decision that results in a budget revision in excess of $25,000 shall first be approved by the Board. Legal Reference: Education Code sections 1280, 1703 Date Adopted: (Adopted as Rule107.5) Date Sabbatical Leaves With prior Board approval the County Superintendent may grant sabbatical leaves to unrepresented certificated employees in accordance with the provisions of this Rule. Sabbatical leaves are intended for certificated personnel who have as their primary purpose the maintenance or improvement of skills required of them in their position. Sabbatical leaves are specifically approved in the Education Code of the State of California, for the purpose of permitting study or travel by said employee which will benefit the schools and pupils of the district. A. Eligibility for Sabbatical Leave 1. Sabbatical leaves must be preceded by at least seven consecutive years satisfactory service as a regular full time credentialed employee in the Sonoma County Schools Office. B. Extent and Distribution of Leaves 1. The number of certificated employees absent on sabbatical leave at any one time shall not exceed 3% of the total number of certificated employees. 2. Sabbatical leaves will be granted for no more than one year. 3. Sabbatical leave year shall be approved by the Superintendent. C. Compensation While on Sabbatical Leave 1. Compensation while on sabbatical leave shall be in accordance with provisions of the contract as related to the salary schedule in effect during the period of the leave. 2. Compensation during sabbatical leave shall be the full salary for six months, or half salary for a full year. 3. Applicants who desire to receive salary allowance while on sabbatical leave may be requested by the Superintendent to furnish a suitable bond indemnifying the office of the County Superintendent of Schools for any salary paid the employee during the period of the Sabbatical leave in the event the employee fails to return to render two full years of 102

108 Board Policies BP 4100(a) Personnel service to the office following the termination of the sabbatical leave; or, in the event the employee fails satisfactory to carry out the program of study or the itinerary of the trip approved. D. Application Procedure for Sabbatical Leave 1. Sabbatical leave applications must be submitted to the applicant s department director before November of the school year preceding that year during which the leave is desired. a. If the applicant s service to the office has been satisfactory, the director shall recommend approval on the form and forward it to the Superintendent. b. If the director does not recommend approval, the applicant may appeal to the Superintendent. 2. The applicant must append to the application form a copy of the proposed study, special project, or travel itinerary. The form, approved by the director with the proposed program, shall be forwarded to the Superintendent. The Superintendent shall determine whether or not the proposed program and application meet the requirements of the office. 3. The applicant s proposed program should meet the following requirements: a. Sabbatical leaves for study: The staff member on leave shall submit a plan including instructional objectives and evidence of acceptance at an accredited institution. b. Sabbatical leaves for special projects: The applicant shall submit a detailed outline of his proposed project for review. This detailed outline shall include the following: Objectives, methods of conducting the project; resource persons, materials, and agencies or institutions, audio-visual materials for classroom use, project completion date with completion dates for sub portions, and proposed method of preparing final report with bibliography upon completion of leave. c. Sabbatical leaves for travel: Applicants for sabbatical leave shall plan to remain in travel status for at least four and one-half months for each semester of leave granted. The outline of the proposed travel should include a statement of the objectives and a detailed description of the itinerary including applicable items listed in b above. 103

109 Board Policies BP 4100(a) Personnel d. Combinations of the above: Detailed description of the proposed program should present a load factor equal to any one of the three possibilities listed above. E. Reports Required During Sabbatical Leave 1. Each month during the period of the sabbatical leave a report shall be filed with the Superintendent with the following information: current address and phone number of the person on leave; brief report on progress of study and places visited and any difficulties encountered which might delay completion of the program. F. Final Report Upon Return From Sabbatical Leave 1. Within 60 days of the certificated employee s return to duty a final report shall be filed with the Superintendent for his consideration. 2. This final report shall include the following: a. Official transcripts of any college courses taken for credit. b. A detailed description of the project with explanation of how proposed objectives were achieved, itinerary, resource individuals, materials and agencies or institutions, audio-visual aids developed during the leave, method of relating projects to classroom instruction or other educational position, and bibliography. A description of the trip will not satisfy the requirement. G. Effect Upon Salary and Retirement 1. Effect of leave on salary increment: Sabbatical leave shall constitute equivalent service for salary increment purposes. 2. Effect of leave on retirement benefit: Sabbatical leave at full pay shall constitute equivalent service for retirement credit. H. Failure to Complete Requirements 1. When a certificated member of the staff enters into an agreement with the office for purposes of a sabbatical leave this shall be considered in the nature of a binding contract. a. Payment of salary to one who had not met requirements would be considered a gift of public funds. 104

110 Board Policies BP 4100(a) Personnel b. Specific requirements are spelled out in the Education Code of the State of California. These statutes have the full force and effect of State laws. c. These officially adopted rules and regulations of the school district also have the full force and effect of law. 2. In the event a member of the staff on sabbatical leave is unable to continue with the proposed program as outlined in his application, he shall notify the Superintendent by registered United States mail within 48 hours. This notice should explain in detail the nature of the difficulty and the intent of the person on leave in regard to continuing the program. Failure to provide notice as outlined in this section shall be deemed insubordination and basis for dismissal. 3. Failure to complete the approved program will result in reduction of one step on the salary schedule and possible demotion in position. A person who fails to complete the requirements will be considered on probation and his reduced status will be reviewed carefully during semiannual evaluations for a two-year period upon his return. 4. Willful failure to complete the sabbatical leave requirements as agreed upon will be considered insubordination and grounds for instituting dismissal proceedings. The Credentials Commission of the California State Department of Education shall also be altered for possible credential revocation. Legal Reference: Education Code section 1295 Date Adopted: (Adopted as Rule107.6) Date Emergency Permits Declaration of Need The Board will consider ratification of the Superintendent s decision to adopt a Declaration of Need for Fully Qualified Educators under the following conditions: 1. The Superintendent or designee submits to the Board a signed certification that the requirements set forth in Education Code Section and Section of Title 5 of the California Code of Regulations have been met; 2. In each instance, the item is set as a separate action item on the agenda of a regularly scheduled meeting and not included on the consent calendar; 3. At least 72 hours prior to the date and time of the Board meeting, the Superintendent or designee has publicly announced his or her intent to adopt a Declaration of Need for Qualified Educators; and 4. The Board concurs in the findings and conclusions set forth below in the Declaration. 105

111 Board Policies BP 4100(a) Personnel 5. On an annual basis the Superintendent or designee will present a status report to the Board on emergency permits. Legal Reference: Education Code section 44300; Section of Title 5 of CCR Date Adopted: (Adopted as Rule107.35) Date November 9,

112 Board Policies BP 4100(b) Personnel BP 4100(b) Health Insurance for Eligible Retired Management and Confidential Employees The County Superintendent shall not increase the retirement benefits of any employee of the County Office of Education unless the matter is brought to the attention of the County Board of Education for its discussion at a regularly scheduled public meeting of the County Board of Education and the County Board of Education approves the increase. Legal Reference: Education Code section 1302 Date Adopted: (Adopted as Rule107.9) Date 107

113 Board Policies BP , , (a) Personnel BP , , (a) Sexual Harassment Policy It is the policy of the Sonoma County Board of Education to provide an educational, employment and business environment free of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communications constituting sexual harassment, as defined and otherwise prohibited by state and federal statutes. It shall be a violation of this policy for anyone who is authorized to recommend or take personal actions affecting an employee or student, or who is otherwise authorized to transact business or perform their acts or services on behalf of the Sonoma County Office of Education to engage in sexual harassment as defined below. Educational Environment Within the educational environment, sexual harassment is prohibited between students and between employees and students. Work Environment Within the work environment, sexual harassment is prohibited between supervisors and employees, between employees, and between non-employees and employees. Definition of Sexual Harassment A. General Definitions Sexual harassment occurs when unwelcome sexual advances, requests for favors, and other verbal or physical conduct of a sexual nature is: 1. made either explicitly or implicitly a term or condition of an individual s educational status or employment; 2. used as a basis for educational or employment decisions affecting such individual; or 3. has the purpose or effect of unreasonably interfering with an individual s educational or work performance or creating an intimidating, hostile, or offensive educational or working environment. 108

114 Board Policies BP , , (a) Personnel B. Specific Examples For the purpose of further clarification, sexual harassment includes but is not limited to: 1. Making unsolicited written, verbal, physical and/or visual contact with sexual overtones. (Written examples include, but not limited to: suggestive or obscene letters, notes, invitations. Verbal examples include but are not limited to derogatory comments, slurs, jokes, epithets. Physical examples include, but are not limited to assault, touching, impeding, or blocking movement. Visual examples include, but are not limited to leering, gestures, display of sexually suggestive objects or pictures, cartoons, or posters. 2. Continuing to express sexual interest after being informed that the interest is unwelcome. (Reciprocal attraction is not considered sexual harassment). 3. Making reprisals, threats of reprisal, or implied threats of reprisal following a negative response. For example, within the work environment, either implying or actually withholding support for an appointment, promotion, or change of assignment; suggesting a poor performance evaluation will be prepared; or suggesting a scholarship recommendation or college application will be denied. 4. Within the work environment, engaging in implicit or explicit coercive sexual behavior which is used to control, influence, or affect the career, salary, and/or work environment of another employee. Within the educational environment, engaging in implicit or explicit coercive sexual behavior which is used to control, influence, or affect the educational opportunities, grades, and/or learning environment of a student. 5. Offering favors or educational or employment benefits, such as grades or promotions, favorable performance evaluations, favorable assignments, favorable duties or shifts, recommendations, reclassifications, etc. in exchange for sexual favors. Complaint Procedures A. Informal Resolution Employees, students, or other individuals who feel aggrieved because of conduct that may constitute sexual harassment should directly inform the person engaging in such conduct that such conduct is offensive and must stop. 109

115 Board Policies BP , , (a) Personnel B. Formal Complaints If an aggrieved employee, student, or other individual has tried but is unable to communicate directly with the person whose conduct is offensive or if direct communication has been unavailing, the aggrieved employee or other individual may file a complaint with the superintendent or his designee. As soon as the superintendent learns of a complaint, it shall be referred to a three member hearing panel and the following procedure shall apply. 1. Hearing Panel The hearing panel shall be made up of three people appointed by the superintendent. 2. Hearing Procedure The panel members shall select a chairperson. The hearing shall be informal, and any relevant evidence may be presented to the panel. Technical rules of evidence shall not apply to the hearing, but relevant evidence may be admitted and given probative effect only if it is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Hearsay evidence is admissible, but will not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. First the complainant, and then the respondent, shall have an opportunity to present written or oral evidence regarding the complaint. Either party may present witnesses, and each party may cross-examine the other s witnesses. The hearing shall be tape-recorded. 3. Representation Either party may be represented by a representative of his or her choice, except that neither party shall be represented by any attorney unless, in the opinion of the superintendent, complex legal issues are involved. If any party is permitted to be represented by an attorney, any other party shall have the right to be represented by an attorney, and the hearing panel may request legal counsel from the Sonoma County Office of Education, who may sit with the hearing panel in an advisory capacity, but shall not be a member of the hearing committee nor vote with it. 4. Closed Hearing The hearing shall be closed and confidential, unless it is the request of all parties that hearings be open to the public. 5. Panel Recommendation After the hearing, the panel shall submit written recommended findings of fact and conclusions to the superintendent. The panel s recommendation shall be submitted 110

116 Board Policies BP , , (a) Personnel within five working days of the conclusion of the hearing. Each party shall be provided a copy of the recommendation. Administrative Review and Procedures: A. Complaints General Provisions 1. Filing Complaints shall be in writing and shall be filed with the officer or employee of the office identified above. 2. Contents of Complaint The complaint shall: identify the offending person or persons; include reference to specific examples of offensive conduct; identify the remedy sought; and describe the informal efforts made to correct the situation. 3. Review and Disclosure of Complaint The superintendent or designee shall review the complaint and as soon as reasonably possible after receipt of the complaint the student, employee or other person who is accused of sexual harassment should be informed of the contents of the communication. 4. Time Limits A complaint shall be filed as soon as reasonably possible and no later than 60 calendar days after the conduct in question. B. Complaints Against Students The superintendent or designee shall review the grievance results or panel findings on all complaints against students and shall determine whether any corrective action is appropriate. Corrective action may include counseling, warning, or the initiative of disciplinary procedures against the student. 111

117 Board Policies BP , , (a) Personnel C. Complaints Against Employees The superintendent or designee shall review the grievance results or panel findings on all complaints against certificated employees and shall determine whether any corrective action is appropriate. Corrective action may include counseling, warning, or the initiation of disciplinary procedures against the employee. D. Complaints Against Other Individuals The superintendent or designee shall review the grievance results or panel findings of all complaints against individuals who are neither students nor employees and shall determine whether any corrective action is appropriate. Corrective action may include counseling, warning, or the initiation of disciplinary procedures against employees or such penalties or sanctions against other individuals or parties as may be available to the Sonoma County Office of Education given the nature of the contractual or business relationship that may exist with such parties or individuals. Such individuals include visitors to the office and those who have business relations with the office. E. Appeal Procedures All decisions made under this procedure, may be appealed by the aggrieved person to the Board of Education. Disciplinary Procedures Education Code procedures and contract procedures, when applicable under which the County Office of Education has the burden of proof, shall be used in the event the administrative review results in a decision that disciplinary action is necessary. Retaliation is Prohibited The initiation of a complaint of sexual harassment will not cause any reflection on the complainant nor will it affect such person s future business dealings with the Sonoma County Office of Education, his or her employment, compensation or work assignments, or, in the case of students, grades, class selection or other materials pertaining to his or her status as a student of any Sonoma County Office of Education program. Administrative Regulations The superintendent shall adopt, and from time to time may revise, further procedures as may be necessary to implement this policy and provide for a means of enforcing this policy. Such further procedures may include the following: posting and other means of distributing this policy; a process under which complaints of sexual harassment will be handled; and an explanation of possible civil proceedings and potential legal consequence of sexual harassment. The superintendent may initiate training and education programs to enable all persons, and in 112

118 Board Policies BP , , (a) Personnel particular, management personnel and supervisors to better understand the problem of sexual harassment. In addition, the superintendent shall designate appropriate Central Office employees to enforce or administer this policy within the Sonoma County Office of Education. Purpose of Policy This policy is intended to supplement, and not replace, any applicable state and federal laws and regulations. Formal complaints under those laws and regulations shall be processed through the procedures established by applicable state and federal agencies. Special Assistance It is expected that questions may arise concerning the interpretation of the prohibition against sexual harassment, the methods and procedures to be followed in the investigation of complaints, and the appropriateness of specific solutions in disposition of complaints. For assistance in these matters, contact the office s affirmative action representative or the superintendent or his/her designee. Legal Reference: Section 703 of Title VII of the United States Civil Rights Act, as interpreted by the United States Equal Employment Opportunity Commission, 29 CFR ; and Section of Title 2 of the California Administrative Code Adopted: (Adopted as Rule 106.2) 113

119 Board Policies BP , , (a) Personnel BP , , (a) Employees with Infectious Disease See BP 4030, ,

120 Board Policies BP 4131(a) Personnel BP 4131(a) Institutes A. The County Superintendent of Schools may, with the approval of the County Board of Education, hold an annual teachers institute in each year. B. The County Superintendent of Schools may, with the approval of the County Board of Education, hold an annual institute of noncertificated employees in each year. Legal Reference: Education Code section 1287 Adopted: (Adopted as Rule ) October 7,

121 Board Policies BP (a) Personnel BP (a) Financial Impacts of Collective Bargaining Upon settlement with certificated or classified bargaining units the Superintendent shall present to the Board for certification an analysis of the cost of the settlement and its impact on the operating budget. Legal Reference: Sections Title 5, CCR Adopted: February 5, 2004 (Adopted as Rule106.8) 116

122 Board Policies BP 4151, 4152(a) Personnel BP 4151, 4251(a) Disclosure of Significant Adjustments to Employee Salary or Bonuses The County Superintendent of Schools shall not increase by ten thousand dollars ($10,000) or more the annual bonus or annual salary of any employee of the County Superintendent of Schools unless the matter is brought to the attention of the County Board of Education for its discussion at a regularly scheduled public meeting of the County Board of Education. Legal Reference: Education Code section 1302 Adopted: January 7, 2004 (Adopted as Rule ) Approval of Increase in Employee Retirement Benefits The County Superintendent of Schools shall not increase the retirement benefits of any employee of the County Superintendent of Schools unless the matter is brought to the attention of the County Board of Education for its discussion and approval at a regularly scheduled public meeting of the County Board of Education and the County Board of Education approves the increase. A request to the Board of Education for increased retirement benefits on an individual basis must meet the following criteria: 1. The request must be recommended by the Superintendent. 2. The Superintendent or designee must provide a written report to the Board on how approval of the request will benefit the department, such as avoiding a layoff, providing appropriate staffing, producing a net savings, etc. 3. The superintendent or designee must provide written information on how approval or denial of the request will impact services to students. When confidential information such as the employee s medical condition is a factor in the request, the Superintendent will provide such information to the Board in a written communication that is exempt from public disclosure under Government Code section 6254(c). It is understood that Board and staff shall avoid public disclosure of all information that is appropriately classified as confidential. Legal Reference: Education Code section 1302; Government Code section 6254 Adopted: January 7, 2004 (Adopted as Rule ) 117

123 Board Policies BP 4156 Personnel BP 4156 Employee Awards and Recognition The Board believes that SCOE employees, including the County Superintendent, are its most valuable resource and encourages recognition of the services they provide. The Board recognizes the value of involving employees in the process of reducing costs, improving operational procedures, maintaining a safe workplace, and providing more effective services to school districts and SCOE. The Board authorizes awards to employees who perform special acts or services in the public interest or who make exceptional contributions to the efficiency, economy or other improvement in SCOE s operation. The County Superintendent or designee may recommend individuals to the Board for such awards. The Board President, acting on behalf of the Board, shall have the authority to issue employee awards under $200. An award for more than $200 must be expressly approved by the Board. The County Superintendent shall establish procedures to govern employee awards and recognition. Legal Reference: Education Code section Adopted: November 4, 2011 Effective Date: January 1,

124 Board Policies BP 4200(a) Personnel BP 4200(a) Duties Pertaining to Classified Employees Establishment of Merit System Education Code Section 1310 requires the adoption of a merit system as provided in Article 4 commencing with Section 1310 of Chapter 2 of the Education Code, for classified employees by the County Board of Education for a County having a Merit System at the time of adoption of the Resolution of the Board of Supervisors creating a single budget. At the September 10, 1964 meeting of the County Board of Education, the Superintendent recommended, and the Board adopted the Merit System as provided for by the Education Code, to be effective on or about December 1, Legal Reference: Education Code section 1310 Adopted: (Adopted as Rule 108.1) Reviewed by Committee: February 2009 Appointment of Legal Counsel, Fix and Order of Compensation In accordance with education Code Section , the Board together with the County Superintendent shall appoint the same legal counsel to provide services as may be needed. As of October 2001, the County Board recognizes the formation of School and College Legal Services (SCLS), a Joint Powers Authority. The purpose of the SCLS is to provide legal, labor relations, and related support services to public school agencies and other related agencies including the Sonoma County Board and the Sonoma County Superintendent of Schools. By way of its participation as a charter member of the SCLS Board of Directors, the County Board exercises its authority under Education Code Section to jointly appoint general counsel and fix compensation. To the extent that such legal services need to be retained outside of SCLS, they shall be retained on an independent contractor basis. Should the County Board and/or the Superintendent need to enter into separate contracts for legal services, they may do so independent of each other. Legal Reference: Education Code section , 1042(d),86 Ops.Cal.Atty.Gen. 57 Adopted: (Adopted as Rule 108.2) Reviewed by Committee: February 2009 August 6, 2009 Effective date: January 1,

125 Board Policies BP 4200(a) Personnel Board Policy on Matters Pertaining to the Public Educational Employment Act It is the policy of the Board to promote and encourage the improvement of personnel management and employer-employee relations. In so doing the County Board recognizes that the County Superintendent is the exclusive school employer for employees of the Sonoma County Office of Education. The Board further recognizes the right of employees to join organizations of their own choice and to be represented by such organizations in their professional and employment relationships. Legal Reference: Government Code section 3540 et seq., 72 Ops.Cal.Atty.Gen Adopted: (Adopted as Rule 108.3) Reviewed by Committee: February 2009 August 6, 2009 Effective date: January 1, 2010 Power of Personnel Commission to Prescribe and Amend Rules The Personnel Commission shall prescribe and amend such rule as may be necessary, within the jurisdiction of the merit system, to insure the efficiency of the service and the selection and restriction of employees upon the basis of merit and fitness. Legal Reference: Education Code section Adopted: (Adopted as Ride 108.4) Reviewed by Committee: February 2009 Procedures for Establishment of a New Position The County Superintendent of Schools will notify the Board when a new position is established and before any public notifications are issued concerning the filling of a position. To the extent that the establishment of a new position requires a budget revision in excess of $25,000 in an adopted annual budget, the County Superintendent shall incorporate the proposed revision for discussion and approval at the next regularly-scheduled board meeting. Legal Reference: Education Code section 1280 Adopted: (Adopted as Rule 108.7) Reviewed by Committee: February 2009 June 4, 2009; November 6,

126 Sonoma County Board of Education Board Policies Series 5000 Students 121

127 Board Policies BP 5021 Students BP 5021 Noncustodial Parents Noncustodial parents generally retain the same rights as custodial parents unless a court order restricts the rights of the noncustodial parent. These rights include but are not limited to accessing his/her child s student records, participating in school activities and visiting the child at school. If a completed or pending legal action curtails the noncustodial parent s rights, the parent/guardian with custody shall provide evidence of this action to the County Superintendent or designee. Upon written request, the County Office shall provide noncustodial parents with announcements and notices that are sent to the custodial parent. While both parents can visit the child at school, only the custodial parent has the right to remove the child from school property. Only a verified note or an emergency card from the custodial parent will be cause for exception to this provision. Legal Reference: Education Code sections 49061, 49069; Family Code section 3025 Adopted: August 2,

128 Board Policies BP 5022(a) Students BP 5022(a) Student and Family Privacy Rights In accordance with law personal information concerning students and their families should be kept private. Every two years a California Healthy Kids Survey shall be conducted on a passive consent basis to students in grades seven to twelve. Passive consent is limited to anonymous, confidential, and voluntary surveys. Under passive-consent procedures, parents/guardians inform the school only if they do not want their child to participate in the survey. Parents/guardians shall be notified in writing at the beginning of the school year about the survey, when it is to be administered, and given a reasonable opportunity to decline their child s participation. Legal Reference: Education Code sections 51513; Adopted: August 4, 2005 (Adopted as Rule ) 123

129 Board Policies BP 5030(a) Students BP 5030(a) Student Wellness Policy In order to comply with applicable state and federal law requiring the adoption of Student Wellness policies by the school year the Board of Education hereby adopts this Student Wellness Policy. The Board of Education recognizes the link between student health and learning and desires to provide a comprehensive program promoting healthy eating and physical activity for Sonoma County Office of Education (SCOE) students. The Superintendent or designee shall build a coordinated school health system, including the formation of a school health council, that supports and reinforces health literacy through health education, physical education, health services, nutrition services, psychological and counseling services, health promotion for staff, a safe and healthy school environment, and parent/guardian and community involvement. Adopted: August 3, 2006 (Adopted as Rule ) Student Health Council/Committee The Board s policy related to student wellness shall be developed with the involvement of parents/guardians, students, school food service professionals, school administrators, Board representatives, and members of the public. The Superintendent or designee shall appoint a school health council or other committee consisting of representatives of the above groups. The council or committee may also include SCOE administrators, health professionals, school nurses, health educators, physical education teachers, counselors, and/or others interested in school health issues. The school health council or committee shall assist with policy development and advise the County Office on health-related issues, activities, policies, and programs necessary to the continuing development of this Student Wellness Policy. At the discretion of the Superintendent or designee, the council s charges may include planning and implementing activities to promote health within the school or community. Adopted: August 3, 2006 (Adopted as Rule ) Nutrition Education and Physical Activity Goals The Board shall adopt goals for nutrition education, physical activity, and other school-based activities that are designed to promote student wellness in a manner that the SCOE determines appropriate. The County Office s nutrition education and physical education programs shall be based on research, consistent with the expectations established in the state s curriculum frameworks, and designed to build the skills and knowledge that all students need to maintain a healthy lifestyle. 124

130 Board Policies BP 5030(a) Students Nutrition education shall be provided as part of the health education program in grades K-12 and, as appropriate, shall be integrated into core academic subjects. All students in grades K-12 shall be provided opportunities to be physically active on a regular basis. Opportunities for moderate to vigorous physical activity shall be provided through physical education, school athletic programs, extracurricular programs, and other structured and unstructured activities. The Superintendent or designee shall encourage staff to serve as positive role models. He/she shall promote and may provide opportunities for regular physical activity among employees. Professional development shall include instructional strategies that assess health knowledge and skills and promote healthy behaviors. To encourage consistent health messages between the home and school environment, the Superintendent or designee may disseminate health information to parents/guardians through SCOE or school newsletters, handouts, parent/guardian meetings, the SCOE or school web site and other communications. Outreach to parents/guardians shall emphasize the relationship between student health and academic performance. The Board prohibits the marketing and advertising of non-nutritious foods and beverages through signage, vending machine fronts, logos, scoreboards, school supplies, advertisements in school publications, coupon or incentive programs, or other means. cf. BP 3600(a), 5119(a), , 6178(a); BB 9320(a), 9321(a) Legal Reference: Education Code sections et seq., , , , , , , 49570, 51222, 51223; 42 United States Code ; 7 Code of Federal Regulations , ; 5 California Code of Regulations , Adopted: August 3, 2006 (Adopted as Rule ) 125

131 Board Policies BP 5030(a) Students Nutrition Guidelines for Foods Available at School The Board shall adopt nutrition guidelines selected by the SCOE for all foods available on each campus during the school day, with the objective of promoting student health and reducing childhood obesity. The Board believes that foods and beverages available to students at SCOE programs should support the health curriculum and promote optimal health. Nutrition standards adopted by SCOE for all foods and beverages sold to students, including foods and beverages provided through SCOE s food service program, student stores, vending machines, fundraisers, or other venues, shall meet or exceed state and federal nutrition standards. The Superintendent or designee shall encourage SCOE programs to use healthy food items or non-food items for fundraising purposes. He/she also shall encourage school staff to avoid the use of non-nutritious foods as a reward for students academic performance, accomplishments, or classroom behaviors. School staff shall encourage parents/guardians or other volunteers to support the County Office s nutrition education program by considering nutritional quality when selecting any snacks which they may donate for occasional class parties and by limiting foods or beverages that do not meet nutritional standards to no more than one food or beverage per party. Class parties or celebrations shall be held after the lunch period when possible. Legal Reference: 42 USC 1751 Adopted: August 3, 2006 (Adopted as Rule ) Guidelines for Reimbursable Meals Foods and beverages provided through federally reimbursable school meal programs shall meet or exceed federal regulations and guidance issues pursuant to 42 USC 1758(f)(1), 1766(a), and 1779(a) and (b), as they apply to schools. In order to maximize SCOE s ability to provide nutritious meals and snacks, all SCOE programs shall participate in available federal school nutrition programs including the National School Lunch and School Breakfast programs, to the extent possible. Legal Reference: 42 USC 1758, 1766, 1779, 1751 Adopted: August 3, 2006 (Adopted as Rule ) 126

132 Board Policies BP 5030(a) Students Program Implementation and Evaluation The Board shall establish a plan for measuring implementation of the policy. The Superintendent shall designate at least one person within the SCOE who is charged with operational responsibility for ensuring that SCOE program sites implement SCOE s wellness policy. The Superintendent or designee shall recommend for Board approval specific quality indicators that will be used to measure the implementation of the policy County wide and at each SCOE program. These measures shall include, but not be limited to, an analysis of the nutritional content of meals served; student participation rates in school meal programs; any sales of nonnutritious foods and beverages in fundraisers or other venues outside SCOE s meal programs; and feedback from school administrators, the school health council, parents/guardians, students, and other appropriate persons. The Superintendent or designee shall report to the Board at least every two years on the implementation of this policy and any other Board policies related to nutrition and physical activity. Legal Reference: 42 USC 1751 Adopted: August 3, 2006 (Adopted as Rule ) Posting Requirements Each SCOE program shall post SCOE s policies and regulations on nutrition and physical activity in public view within all school cafeterias or in other central eating areas. Legal Reference: Education Code section Adopted: August 3, 2006 (Adopted as Rule ) December 10, 2009 Effective: January 1,

133 Board Policies BP Students BP Student Leave of Absence Upon request, the Board may grant student leaves of absence in accordance with law for the purpose of supervised travel, study, training, or work not available to the student under another educational option. Such leave may be granted to a student fifteen (15) years of age or older in the regular program. No more than one percent of the students enrolled and attending a school shall be granted a leave of absence during any school year. Legal Reference: Education Code section 48232, Family Code sections ; 7050 Adopted: August 2,

134 Board Policies BP Students BP Closed Campus In order to keep students in a supervised, safe and orderly environment, the Board establishes a closed campus at all county schools. Student shall not leave the school grounds at any time during the school day without written permission of their parents/guardians and school authorities. Students who leave school without authorization shall be classified as truant and subject to disciplinary action. Legal Reference: Education Code sections 35160, , Adopted: August 2,

135 Board Policies BP Students BP County School Attendance Review Board Pursuant to Education Code section 48200, every child from the age of 6 to 18 is required to attend school regularly in order to make a successful transition to the next grade level and to graduate with a high school diploma. The Sonoma County Board of Education recognizes that a vigilant supervision of attendance to improve attendance rates and graduation rates and to reduce truancy and dropout rates is vital to the learning and achievement of children on the margins of the educational system. Improving student attendance and reducing the dropout rate is a Sonoma County Board of Education priority. A County School Attendance Review Board (SARB) has been established in Sonoma County pursuant to Education Code sections A County SARB shall include, but need not be limited to, all of the following members: 1. A parent; 2. A representative of school districts; 3. A representative of the county probation department; 4. A representative of the county welfare department; 5. A representative of the county superintendent of schools; 6. A representative of law enforcement agencies; 7. A representative of community-based youth service centers; 8. A representative of school guidance personnel; 9. A representative of child welfare and attendance personnel; and 10. A representative of school or county health care personnel. Pursuant to Education Code section 48321(a)(3) the school district representatives on the County SARB shall be nominated by the governing boards of school districts and shall be appointed by the Sonoma County Superintendent of Schools. All non-district and/or agency members of the County SARB shall be appointed by the Sonoma County Board of Education. 130

136 Board Policies BP Students The Sonoma County Board of Education directs the Sonoma County Office of Education Safe Schools Project Director to develop nomination forms, which shall be used to nominate members to the County SARB. The Director shall coordinate the dissemination of the nomination forms to agencies and individuals interested in being appointed to the County SARB. Completed nomination forms will be provided by the Director to the Sonoma County Board of Education, which shall take action at a board meeting to review the nominations and appoint members to the County SARB as appropriate. Upon a vacancy occurring on the County Board, the Director shall notify the Sonoma County Board of Education, the Director shall provide the Board with replacement nominations, and the Board will appoint replacement members to the County SARB as appropriate. On an annual basis, the County Board shall receive a report on the activities of the SARB during the prior school year and on relevant future plans of the SARB. Legal Reference: Adopted: February 5,

137 Board Policies BP (a) Students BP (a) Work Permits Duties Pertaining to Pupils Work Permits The Superintendent may issue work permits to certain minors, as authorized by the Education or Labor Codes. An annual report shall be prepared and submitted to the Superintendent of Public Instruction. Legal Reference: Education Code sections Adopted: (Adopted as Rule 126.1) c.f. BP (a) 132

138 Board Policies BP 5117(a) Students BP 5117(a) Interdistrict Attendance Appeals Education Code Section provides that students should attend school in the district where their parents or guardians reside. At the same time, Education Code Sections et. seq. authorizes parents or guardians to request a permit to attend a district other than the district of residence. A parent or legal guardian may appeal the failure or refusal to approve an interdistrict attendance request to the Sonoma County Board of Education. The Board shall grant or deny an appeal on its merits. Other transfer options may be available to students, so parents and legal guardians are encouraged to consult with their district of residence or district of desired attendance to obtain additional information about these options. The Board strongly believes that the Interdistrict Attendance process should be a thoughtful and consistent one for all parties involved. The Board anticipates that local school districts will comply with the district s and County Office s Interdistrict Attendance Permit Procedures. The Board assumes that parents and legal guardians will be making transfer requests in the best interest of their student and the district(s) will be considering the student s best interests and the best interests of the district as a whole in making their determinations. The Board will take these aspects into consideration when making its determination to grant or deny an appeal. New Board members will be given the opportunity to attend training on the interdistrict attendance appeal process prior to their first appeal hearing. A. Conditions Under Which an Appeal May be Made 1. Interdistrict attendance Permit Appeal Notification Timeline: (a) If the governing board of either school district fails or refuses to approve an interdistrict attendance request, the district denying the request or the district of residence must inform the parent or legal guardian, within thirty (30) calendar days after the parent or legal guardian has made the request, of their right to an appeal to the County Board of Education.. (b) If a parent or legal guardian makes an interdistrict attendance request to each school district not later than thirty (30) calendar days prior to the start of the school year, and the governing board of either school district fails or refuses to approve the transfer request, the district denying the request or the district of residence must inform the parent or legal guardian, within fourteen (14) calendar days after the start of the new school year in each school district, of their right to an appeal to the County Board of Education. 2. The Board recommends that parents or legal guardians seek approval of the interdistrict attendance request from the district of residence prior to applying for approval from the district of attendance. The Board assumes that the district of residence and the district of attendance will expeditiously process the interdistrict 133

139 Board Policies BP 5117(a) Students attendance request and provide the parent or legal guardian with a determination in a timely manner. 3. If a student is provisionally admitted to a school district pursuant to Education Code Section 46603, the Board anticipates that the district of attendance will immediately notify the student s district of residence and both districts will expeditiously process the interdistrict attendance request. The Board will not give considerable weight to a governing board s decision if the notification to the other district is delayed by more than three (3) school days unless there is good cause for the delay. 4. Students who are under consideration for expulsion or who have been expelled pursuant to Education Code Sections and may not appeal interdistrict attendance denials while expulsion proceedings are pending, or during the term of the expulsion. 5. Transfer Requests Not Subject to Appeal As set forth in the Education Code certain requests for transfer are not subject to the appeal process: (a) Students who seek attendance at a district based on the location of the student s parents or legal guardians employment under Education Code Section 48204(b), may not appeal the denial by the district of employment. (b) Students who seek a transfer to a School District of Choice (also known as an open enrollment district ) under Education Code Section et seq. may not appeal the denial by the receiving district. (c) Students who seek a transfer under the Open Enrollment Act (also known as the Romero Bill ) pursuant to Education Code sections et seq. may not appeal the denial to the County Board. (d) Revocation of an interdistrict attendance permit may not be appealed to the County Board. B. Procedures for Filing an Appeal 1. An appeal shall be made within thirty (30) calendar days after either district fails or refuses to approve an interdistrict attendance request. Failure to appeal within the required time is good cause for denial of an appeal. 2. The appeal shall be made in writing on a form prescribed by the County Superintendent of Schools. The appeal shall include a copy of the original Request for Interdistrict Attendance Permit. 134

140 Board Policies BP 5117(a) Students 3. The appeal shall be accepted only upon verification by the County Superintendent of Schools or designee that appeals within the districts have been exhausted. 4. If the appeal contains new evidence or new grounds for the request or new evidence/information is provided prior to the hearing, the County Superintendent of Schools or designee, shall refer the person appealing back to the district or districts denying the request for further consideration and/or board action. The district or districts shall have ten (10) calendar days to consider the new evidence. The Board shall retain jurisdiction over the matter and the parent or legal guardian may appeal to the County Board if they are not satisfied with the district or districts subsequent decision(s). The second appeal will be subject to all appeal procedures set forth herein and the appeal process timelines will start over. If the district or districts do not consider the new evidence/information within ten (10) calendar days the request will automatically appeal to the County Board. C. Hearing Date 1. The County Board of Education shall, within thirty (30) calendar days after the appeal is filed, hear the appeal and determine whether the student should be permitted to attend in the district of desired attendance and the applicable period of time. 2. In the event that meeting the time requirement for determining the appeal is impractical, the County Board of Education or the County Superintendent of Schools or his/her designee may, for good cause, extend the time period for an additional five (5) schools days. 3. The County Board of Education may grant a continuance to any party upon a showing of good cause. Such continuances shall result in an extension of the time line for a determination by the County Board equal to the number of days of the granted extension. D. Preparation for Hearing the Appeal 1. The County Superintendent of Schools or designee shall serve as the contact person and liaison among the student s representative, the districts involved, and other appropriate parties. 2. Upon receiving the appeal, the County Superintendent of Schools or designee shall inform the person appealing of their rights and the procedures by which the appeal will be heard. 3. The County Superintendent of Schools or designee shall inform both school districts involved of the appeal and invite them to have representatives at the hearing to speak on their position regarding the appeal. 135

141 Board Policies BP 5117(a) Students 4. The County Superintendent of Schools or designee shall provide adequate notice to all parties of the date and time of the scheduled hearing, the opportunity to submit written statements and documentation, the date upon which any documentation is due, and the option of being represented by legal counsel. Within 72 hours of receipt of the notice of the date and time of the scheduled hearing, the parent, legal guardian, or pupil if the pupil is an adult may request in writing that the hearing be conducted in open session. If such written request is served upon the County Superintendent of Schools or designee, the hearing shall be held in open session in accordance with section (E)(1) below. 5. The County Superintendent of Schools or designee shall investigate and provide an executive case summary of the appeal to the Board. 6. The County Superintendent of Schools or designee will assist all parties to obtain local resolution prior to the hearing. The County Superintendent of Schools or designee shall offer to schedule mediation for the parties prior to the hearing. All parties are strongly encouraged to participate in the mediation. No mediation will be held if either party declines the offer. 7. The parties shall be required to provide the County Superintendent of Schools or designee with all information pertaining to the case no later than ten (10) days prior to the hearing. This information will be included in the executive summary. The County Superintendent of Schools or designee will meet and/or talk with the parent/guardian and the appropriate district representatives in order to put the information together for the executive summary. 8. The County Superintendent of Schools or designee may discuss the viability of a case with a particular party. 9. If a hearing is necessary, the County Superintendent of Schools or designee shall, no later than one week prior to the hearing, provide the County Board with the following information to assist the Board in reaching a decision: a. Copies of the original interdistrict attendance request, local governing board minutes pertaining to action taken on the request, and the interdistrict attendance request appeal b. A copy of both districts policy on interdistrict attendance c. Materials and documentation relevant to the interdistrict attendance request d. Executive case summary and results of conferences pertaining to the case 8. Copies of all information provided to the County Board shall be distributed to all parties involved prior to the hearing. 136

142 Board Policies BP 5117(a) Students E. Conduct of the Hearing 1. The Board President shall preside over the hearing which will be conducted in closed session unless the parent or legal guardian, or the pupil if the pupil is an adult, request in writing that the hearing be held in open session within the time specified in section (D)(4) above. a. If the hearing will be held in open session, any discussion at the hearing that might be in conflict with the right to privacy of any pupil other than the pupil requesting the public hearing, or on behalf of whom such hearing is requested, shall be in closed session. 2. A record of the hearing shall be made. 3. Strict rules of evidence as required in court proceedings shall not be applied. Evidence may include witnesses and written materials. Hearsay evidence is admissible, but cannot be the sole basis for a finding. All evidence and testimony must be relevant to the issue. 4. The Board President may recognize any concerned parties at any time during the hearing to ask questions or to add information. 5. All parties are expected to conduct themselves in a courteous and businesslike manner. 6. The format for the hearing shall be substantially as follows: a. The Board President will introduce the matter for the record and all parties present will identify themselves. b. The Board President will review the scope of the County Board s role and receive written evidence regarding the matter. c. The student s representative will be invited to make a presentation. An opportunity to ask questions of the representative will be provided. d. The representative of the district which failed or refused to approve the interdistrict attendance request will be invited to make a presentation. An opportunity to ask questions of the representative will be provided. e. The representative of the other district involved will be invited to make a presentation. An opportunity to ask questions of the representative will be provided. 137

143 Board Policies BP 5117(a) Students f. Should new evidence or information be presented at the hearing, the Board shall temporarily suspend the hearing to allow the parties the opportunity to discuss and consider the new evidence/information. If no resolution is reached, the Board may remand the matter for further consideration by the district or districts. The district or districts shall have ten (10) calendar days to consider the new evidence or information. The Board shall retain jurisdiction over the matter and the parent or legal guardian may appeal to the County Board if they are unsatisfied with the district or districts subsequent decision(s). The second appeal will be subject to all appeal procedures and the appeal process timelines will start over. If the district or districts do not consider the new evidence/information within ten (10) calendar days the request will automatically appeal to the County Board. If the matter is not remanded the Board may or may not consider the new evidence/information in making its determination. g. At the conclusion of presentations and questioning, the Board President will declare the hearing closed. The Board will deliberate the matter in closed session then render a decision and issue an order in open session accordingly. F. Scope of Review and Decision of the Board 1. The Board shall consider evidence and information presented by all parties, including the executive case summary provided by the County Superintendent of Schools or designee in granting or denying the appeal. The party requesting the interdistrict transfer shall have the burden of proof and the responsibility to present sufficient evidence to justify the transfer. The requesting party shall be required to provide credible evidence that the transfer is necessary based upon certain criteria including, but not limited to, the following: To meet the child care needs of the student; To meet the student's special mental or physical health needs as certified by a physician, school psychologist, or other appropriate school personnel; When the student has a sibling attending school in the receiving district, to avoid splitting the family's attendance; To allow the student to complete a school year when his/her parents/guardians have moved out of the district during that year; To allow the student to remain with a class graduating that year from an elementary, junior, or senior high school; To allow a high school senior to attend the same school he/she attended as a junior, even if his/her family moved out of the district during the junior year; When the parent/guardian provides written evidence that the family will be moving into the district in the immediate future and would like the student to start the year in the district; When the student will be living out of the district for one year or less; 138

144 Board Policies BP 5117(a) Students When recommended by the school attendance review board or by county child welfare, probation, or social service agency staff in documented cases of serious home or community problems which make it inadvisable for the student to attend the school of residence; When there is valid interest in a particular educational program not offered in the district of residence; and/or To provide a change in school environment for reasons of personal and social adjustment. The Board shall retain the right to decide the appeal on its merits. The Board will not grant an appeal solely on the basis of the appellant s preference for another school district. The Board will give considerable weight to the local district or districts decision if it is established that the governing board(s) complied with the district s and County Office s Interdistrict Attendance Permit Procedures. The Board will also give considerable weight to the denying district or districts determination if it is clear that a fair and equitable review of the transfer request has been conducted and the individual needs of the student making the transfer request has been evaluated. 2. Without limiting its discretion in deciding the appeal on its merits, the Board may consider the following factors: a. Welfare of the student b. Impact upon the family c. Impact upon the district(s) 3. Failure to appeal within the required time is good cause for denial of an appeal 4. If the Board determines that the student should be permitted to attend in the desired district, the student shall be admitted without delay and the student shall be permitted to continue attending the desired district through its highest grade level, subject to the district s policies and procedures and applicable state and federal laws. The Board may order attendance in a district, but not a specific school. 5. If the appeal is granted, attendance in the desired district shall be subject to the interdistrict attendance policies and regulations of the district in which the interdistrict attendance permit was requested and any applicable interdistrict attendance agreement. If no such interdistrict policies, regulations and/or attendance agreement exist, attendance in the desired district shall be governed by applicable state and federal laws. 139

145 Board Policies BP 5117(a) Students 6. Written notice of the decision by the Board shall be mailed to the parent or legal guardian and to the governing boards of each district within three (3) school days of the closure of the hearing unless the person who filed the appeal requests a postponement of the issuance of the decision. 7. The administrative decision of the Board shall be final, and no reconsideration or rehearing by the Board shall be permitted. 8. In the notification of the administrative decision the parties shall be advised that should either party desire to seek a judicial review of the county board s administrative decision that such judicial review must be requested within ninety (90) calendar days of the date of the Board s determination. cf. BP 5119(a), 9320(a), 9321(a), (a), 9323(a) Legal Reference: Education Code sections 35146, 46600, 46601, 46602; et seq., 49076; United States Code Title 20, Section 1232g; Code of Federal Regulations, Title 34, Section 99.30; Code of Civil Procedure section ; CA Atty. General Opinion No Adopted: (Adopted as Rule109.1) March 2, 2000; August 4, 2005; April 5, 2007; June 25, 2009; February 4, 2010; May 5, 2011; March 1, 2012; August 7, 2014 Effective: March 1,

146 Board Policies BP 5118 Students BP 5118 Open Enrollment Students The County Board desires to offer enrollment options in order to provide children with opportunities for academic achievement that meet their diverse needs. The programs offered through the Sonoma County Office of Education ( SCOE ) are available to qualified students who reside within Sonoma County and who have been referred by their district of residence. Whenever a student is attending a SCOE program on the Open Enrollment List as identified by the Superintendent of Public Instruction, the parent/guardian may request a transfer back to the district of residence or to be referred to another school district or program within Sonoma County, as long as the school/program to which he/she is transferring has a higher Academic Performance Index. A transfer request shall be submitted to both SCOE and the district of residence, however all transfers shall be processed by the district of residence pursuant to its attendance policies and procedures. Upon identification that a SCOE program is on the Open Enrollment List, the County Superintendent or designee shall notify the parents/guardians of each student enrolled in the program of the option to request a transfer for the following school year. This notice shall be provided by the first day of instruction. However, if the California Department of Education ( CDE ) has not notified SCOE of whether one of its programs is on the list by the first day of instruction, the notification shall be provided no later than 14 calendar days after the Open Enrollment List is posted on the CDE's web site. The County Superintendent or designee shall collect data regarding the number of students who transfer out of a SCOE program pursuant to the Open Enrollment Act. The County Superintendent or designee shall annually report to the County Board regarding the data collected from the previous school year Legal References: Education Code sections 200, et seq.; 5 CCR sections 4700 et seq. Adopted: May 5, 2011 Effective Date: July 1,

147 Board Policies BP 5119(a) Students BP 5119(a) Expulsion of Pupil The Board has the authority to hear appeals of student expulsion requested by the pupil or parent/guardian. The Board shall hear all appeals regarding the expulsion of a pupil in closed session, unless the pupil requests otherwise, as set forth in section IV.D.1 herein. Legal Reference: Education Code section Adopted: (Adopted as Rule 66.2) October 7, 1993; January 10, 2008; December 10, 2009 Student Expulsion Appeals I. Definitions A. Day means a calendar day unless otherwise specifically provided. B. Expulsion means removal of a pupil from (1) the immediate supervision and control, or (2) the general supervision, of school personnel, as those terms are used in section C. School day means a day upon which the schools of a school district are in session or weekdays during the summer recess. D. Pupil includes a pupil s parent or guardian or legal counsel. II. Procedures for Filing Appeal A. If a pupil is expelled by the governing board of a Sonoma County school district (hereinafter governing board ), the pupil or the pupil s parent or guardian (hereinafter the pupil ) may file an appeal to the Sonoma County Board of Education (hereinafter county board ) which shall hold a hearing thereon and render its decision. B. The appeal must be filed and actually received by the county board within 30 days following the decision of the governing board to expel. The period within which an appeal is to be filed shall be determined from the date the governing board votes to expel even if enforcement of the expulsion action is suspended and the pupil is placed on probation pursuant to Education Code section Education Code section 48917(f) provides as follows: A decision of the governing board to suspend an expulsion order does not affect the time period and requirements for the filing of an appeal of the expulsion order with the county board of education required under section Any appeal shall be filed within 30 days of the original vote of the governing board. Thus, a pupil who fails to appeal the original action of the 142

148 Board Policies BP 5119(a) Students governing board within the prescribed time may not subsequently appeal a decision of the governing board to revoke probation and impose the original order of expulsion. C. To file an appeal of an expulsion the pupil shall submit to the county board a written request for an appeal hearing. The written request shall include the following: 1. Name of the expelled pupil. 2. Name of the expelling school district. 3. Date of expulsion decision by the governing board. 4. Name, mailing address, and telephone number of the pupil. 5. Certification that the pupil has requested the school district to prepare a record of the expulsion hearing. 6. A statement as to whether the pupil claims that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced before the governing board or was improperly excluded at the hearing, giving the basis for such claim. 7. A statement as to whether the pupil claims the governing board has proceeded without or in excess of its jurisdiction as defined in Education Code section 48922(b), giving the basis for such claim. 8. A statement as to whether the pupil claims that there was not a fair hearing before the governing board, giving the basis for such claim. 9. A statement as to whether the pupil claims that there was a prejudicial abuse of discretion as defined in Education Code section 48922(c) at the governing board hearing, giving the basis for such claim. D. In the event the County Board s designee determines that the pupil failed to include any information required in section II. C the request for an appeal hearing shall be returned to the pupil along with a reference to the missing information and the following notation: NOTICE: The request for an appeal hearing is deficient in that it fails to include the following information:. You have five (5) calendar days to submit the missing information. All applicable timelines shall cease until the above information is submitted or 5 calendar days have passed, whichever comes first. 143

149 Board Policies BP 5119(a) Students III. Expulsion Hearing Record A. The pupil shall submit a written request for a copy of the written transcript and supporting documents of the expulsion hearing from the school district simultaneously with the filing of the request for appeal with the county board. The school district shall provide the pupil with the transcriptions, supporting documents, and records within ten (10) schooldays following the pupil s written request. The secretary of the governing board or the secretary s designee shall certify the record. Upon receipt of the records, the pupil shall immediately thereafter file suitable copies of these certified records with the county board. B. The cost of the transcript shall be borne by the pupil except in either of the following situations: IV. Appeal Hearing 1. Where the pupil s parent or guardian certifies to the school district that he or she cannot reasonably afford the cost of the transcript because of limited income or exceptional necessary expenses, or both. 2. In a case in which the county board reverses the decision of the governing board, the county board shall require that the governing board reimburse the pupil for the cost of such transcription. A. Time for Holding Appeal Hearing 1. The county board shall hold the hearing within twenty (20) schooldays following the filing of a written request for appeal. For good cause or on mutual written agreement either party may be granted one (1) postponement of the appeal hearing date for a period not to exceed thirty (30) calendar days providing the request is made, in writing, at least seven (7) calendar days before the date set for the hearing. A request for postponement less than seven (7) days prior to the date set for the hearing or a continuation beyond 30 calendar days shall be granted by the county board or county board s designee only upon a showing of good cause. Reasons for the extension of time for the hearing shall be included as part of the record at the time the appeal hearing is conducted. B. Written Notice of the Appeal Hearing Written notice of the appeal hearing shall be forwarded to the pupil and the governing board at least ten (10) calendar days prior to the date of the hearing by personal service or by registered mail, return receipt requested. This notice shall include: 144

150 Board Policies BP 5119(a) Students 1. The date, time and place of the hearing. 2. If not previously provided, a copy of the county board rules and regulations governing expulsion appeals. 3. The opportunity of the pupil or the pupil s parent/guardian and the school district to: a. Appear in person and to be represented by an attorney or other representative. b. Present oral and written argument for or against the expulsion order of the school district governing board. 4. Notification that the hearing will be in closed session unless at least five (5) days before the hearing date the pupil requests, in writing, that the hearing be conducted in public. C. Hearing Briefs Either party may submit a hearing brief not to exceed 10 pages, not counting any exhibits, provided a copy is both served on the other party and filed with the County Board at least seven (7) calendar days prior to the date of the hearing. D. Conduct of the Appeal Hearing 1. Closed Session: Notwithstanding the provisions of section of the Government Code and section of the Education Code, the county board shall hear an appeal of an expulsion order in closed session, unless the pupil requests, in writing, at least five (5) days prior to the date of the hearing, that the hearing be conducted in a public meeting. Upon the timely submission of a request for a public meeting, the county board shall be required to honor the request. Whether the hearing is conducted in closed or public session, the county board may meet in closed session for the purpose of deliberations. If the county board admits any representative of the pupil or of the school district, the county board shall, at the same time admit representatives from the opposing party. 2. Determination Upon the Record: The county board shall determine the appeal from a pupil expulsion upon the record of the hearing before the governing board, together with such applicable documentation or regulations as may be 145

151 Board Policies BP 5119(a) Students ordered. No evidence other than that contained in the record of the expulsion proceedings of the governing board may be heard unless a de novo proceeding is granted as provided in section IV.E.2.a herein. 3. Failure of Parties to Appear: Absent a demonstrated emergency that prevented one or both parties from attending the hearing or stipulation between the pupil and the school district that the county board may review the record without argument, the county board reserves the right to either consider the matter on the basis of record before it or dismiss the appeal based upon failure of the pupil or the pupil s representative to appear at the hearing. 4. Scope of Review a. The review by the county board of the decision of the governing board shall be limited to the following questions: 1) Whether the governing board acted without or in excess of its jurisdiction. 2) Whether there was a fair hearing before the governing board. 3) Whether there was a prejudicial abuse of discretion in the hearing. 4) Whether there is relevant and material evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the governing board. b. As used in section IV.D.4.a.1, herein, a proceeding without or in excess of jurisdiction includes, but is not limited to, a situation where an expulsion hearing is not commenced within the time periods prescribed by Article 1, Chapter 6, Part 27 of the Education Code, a situation where an expulsion order is not based upon the acts enumerated in sections 48900, , , and of the Education Code, or a situation involving acts not related to school activity or attendance. c. For purposes of section IV.D.4.a.3) herein, an abuse of discretion is established in any of the following situations: 1) If school officials have not met the procedural requirements of Article 1, Chapter 6, Part 27 of the Education Code. 146

152 Board Policies BP 5119(a) Students 2) If the decision to expel a pupil is not supported by the findings prescribed by section of the Education Code. 3) If the findings are not supported by the evidence. The county board may not reverse the decision of the governing board to expel a pupil based upon a finding of an abuse of discretion unless the county board also determines that the abuse of discretion was prejudicial. 4) Record of Appeal Hearing. A record of the appeal hearing shall be made. Such record may be maintained by any means, including electronic recording, so long as a reasonably accurate written and complete transcription of the proceedings can be made. 5) Presentation of Evidence a) The record of the hearing before the governing board, the pupil s request for county board review of expulsion and a copy of this policy shall be received. b) The pupil may address the county board regarding the manner in which the record supports the pupil s position. c) The governing board may address the county board regarding the manner in which the record supports the governing board s position. d) The pupil, then the governing board, may address the county board with statements in rebuttal until the county board determines that the position of each of the parties have been fully presented. 5. Continuance of the Hearing: Upon the opening of the hearing, the County Board may on its own motion or by determination of the County Board President, continue the hearing to another date(s) so as to allow the Board additional opportunity to review the submitted record. If the hearing is continued by action of the County Board President, it shall be done in accordance with Government Code section authorizing adjournment of a meeting to a specified date and time. In the event there is cause for subsequent continuances in the hearing, these same provisions shall apply. 147

153 Board Policies BP 5119(a) Students E. Decision 1. Time for Rendering Decision The county shall render a decision within three (3) school days of the closure of the appeal hearing unless the pupil requests a postponement. 2. Limits of the Decision The decision of the county board of education shall be limited as follows: a. Where the county board finds that relevant and material evidence exists which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the governing board, it may do either of the following: 1) Remand the matter to the governing board for reconsideration and may in addition order the pupil reinstated pending such reconsideration; or 2) Grant a hearing de novo upon reasonable notice thereof to the pupil and to the school district governing board. This hearing shall be conducted in conformance with the rules and regulations adopted by the county board under section IV.E herein. b. If the county board determines that the decision of the governing board is not supported by the findings required to be made by section 48915, but evidence supporting the required findings exists in the record of the proceedings, the county board shall remand the matter to the governing board for adoption of the required findings. The remand shall be with direction to the governing board to advise the parent/guardian of any further district action on the matter and the time and date thereof. This remand for the adoption and inclusion of the required findings shall not result in an additional hearing pursuant to section 48918, except that final action to expel the pupil based on the revised findings of fact shall meet all requirements of subdivisions (j) and (k) of section c. In all other cases, the county board shall enter an order either affirming or reversing the decision of the governing board. In any case in which the county board enters a decision reversing the governing board, the county board may direct the governing board to expunge the record of the pupil and the records of the school district of any references to the expulsion action and such expulsion shall be deemed not to have occurred. 148

154 Board Policies BP 5119(a) Students Finality of the County Board Decision The administrative decision of the county board shall be final and binding upon the pupil and upon the governing board of the school district. The pupil and the governing board shall be notified of the final order of the county board in writing, either by personal service or by registered mail, return receipt requested. The order shall become final when rendered. In such notification the parties shall be advised that should either party desire to seek a judicial review of the county board s administrative decision that such judicial review must be requested within ninety (90) days of the date of the Board s order. V. Procedures for Hearing De Novo If the county board decides to grant a de novo hearing pursuant to Education Code section 48923(a)(2) such hearing shall be conducted pursuant to the following procedures: A. Expulsion: Definitions 1. Expulsion means removal of a pupil from the immediate supervision and control, or the general supervision, of school personnel, as those terms are used in Education Code section The county board may expel a pupil for any or all of the acts and conditions enumerated in section of the Education Code. B. Pupils with Exceptional Needs The county board may expel a pupil with exceptional needs (as defined in Education Code section 56026) who is currently under an Individualized Education Program (IEP) or a pupil not yet identified but who is entitled under 34 CFR to assert the rights of a pupil with exceptional needs, but only if the county board concurs with the determination by an individualized education program team that, 1. The pupil s IEP and placement were appropriate; 2. The special education services, supplementary aides and services and behavior intervention plan were provided in accordance with the pupil s IEP and placement; 3. The pupil s disability did not impair the ability of the pupil to understand the impact and consequences of the behavior subject to disciplinary action; and, 4. The pupil s disability did not impair the ability of the pupil to control the behavior subject to the disciplinary action. 149

155 Board Policies BP 5119(a) Students C. Hearing by County Board: Time Limit 1. An expulsion hearing shall be held within twenty (20) school days of the decision to grant a de novo hearing. 2. The pupil may request, in writing, a postponement of the hearing not to exceed thirty (30) calendar days of the date set for the de novo hearing. Such request shall be made at least five (5) days prior to the date of the de novo hearing. A request for postponement after the fifth day before the date set for the de novo hearing shall be granted by the county board or the county board s designee only upon a showing of good cause. 3. The county board or the county board s designee may, for good cause, extend the time period for the expulsion hearing for an additional five (5) school days, in the event that compliance by the county board with the time requirements is impracticable. Reasons for the extension of the time for the hearing shall be included as part of the record at the time the expulsion hearing is conducted. Once the hearing begins, it shall be conducted with reasonable diligence and concluded without unnecessary delay. D. Written Notice of the Hearing Written notice of the hearing shall be forwarded to the pupil and the pupil s parent/guardian at least ten (10) calendar days prior to the date of the hearing. Such notice shall include: 1. The date, time and place of hearing. 2. A statement of the specific facts and charges upon which the proposed expulsion is based. 3. A copy of disciplinary rules of the school district which relate to the alleged violation. 4. The opportunity of the pupil or the pupil s parent/guardian to: a. Appear in person and to employ and be represented by legal counsel or a non-attorney advisor. b. Inspect and obtain copies of all documents to be used at the hearing. c. Call, confront, and question all witnesses who testify at the hearing. d. Question all evidence presented, and 150

156 Board Policies BP 5119(a) Students e. Present oral and documentary evidence on the pupil s behalf, including witnesses. E. Conduct of Hearing 1. Closed Session: The county board shall conduct a hearing to consider the expulsion of the pupil in a session closed to the public, unless the pupil requests in writing at least 5 days prior to the hearing, that the hearing be conducted at a public meeting. If such request is made of the county board, the meeting shall be public. Whether the expulsion hearing is held in closed or public session, the board may meet in closed session to deliberate and determine if the pupil should be expelled. The parent/guardian of the pupil, the pupil, and the counsel of the pupil, shall be allowed to attend the closed session if the county board admits any other person to the closed session. 2. Record of Hearing: A record of the hearing shall be made. Such record may be maintained by any means, including electronic recording so long as a reasonably accurate written and complete transcription of the proceedings can be made. 3. Failure to Make Objections: If either party fails to object at the hearing that these rules are not being properly followed, or that any other law or requirement of due process is not being followed, the objections shall be deemed waived. 4. Presentation of Evidence: While no evidence shall be based solely on hearsay evidence, upon a finding that good cause exists, the county board may determine that the identity of a witness and the testimony of the witness may subject the witness to an unreasonable risk of harm. Upon this determination, the testimony of the witness may be presented at the hearings in the form of sworn declarations, which shall be examined only by the county board. Copies of these sworn declarations, which are edited to delete the name and identity of the witness, shall be made available to the pupil. The county board and the pupil may stipulate to (agree upon) any or all findings of fact. The county board may only consider facts presented to them at the time of the hearing. 5. Technical Rules of Evidence do not Apply: Technical rules of evidence shall not apply to the hearing. Relevant evidence may be admitted and used as proof only if it is the kind of evidence which reasonable persons are accustomed to rely on in the conduct of serious affairs. The decision of the county board to expel shall be based upon the substantial evidence showing that the pupil committed any of the above acts enumerated in section of the Education Code. 151

157 Board Policies BP 5119(a) Students 6. Witnesses Shall Testify Under Oath: The president or presiding officer shall swear the witnesses. The form of oath should be as follows: Do you solemnly swear (or affirm as the case may be), that the evidence you shall give in this matter pending before the Sonoma County Board of Education, shall be the truth, the whole truth, and nothing but the truth? 7. The county board may exclude from any such public or private meeting, during the examination of a witness, any or all other witnesses in the matter being investigated, pursuant to Government Code section The pupil or his parent or guardian shall have the opportunity to: a. Appear in person or to employ and be represented by legal counsel or nonattorney advisor; b. Inspect and obtain copies of all documents to be used at the hearing; c. Question all evidence presented; d. Present oral and documentary evidence on the pupil s behalf, including witnesses; e. Confront and question all witnesses who testify at the hearing. 9. Final Action by County Board: Whether the pupil expulsion hearing is conducted in closed or public session by the county board, the final action to expel shall be taken by the county board at a public session. 10. Decision Within 10 Days: The decision of the county board whether to expel a pupil shall be made within ten (10) school days following the conclusion of the hearing, unless the pupil requests in writing that the decision be postponed. The decision when rendered shall be final and binding upon the pupil and upon the governing board. 11. Written Notice to Expel: Written notice of the decision to expel or to suspend the enforcement of an expulsion order shall be sent to the pupil or pupil s parent/guardian by personal service or by registered mail, return receipt requested. The pupil and pupil s parent/guardian shall also be notified of the procedure for filing and processing a request for readmission with the governing board. 152

158 Board Policies BP 5119(a) Students Sending written notice to the pupil or pupil s parent/guardian of the decision of the county board to expel shall be the responsibility of the county board or the county board s designee. 12. Decision Not to Expel: Following the county board s decision after the hearing not to expel, the pupil shall be reinstated immediately to a classroom, instructional program, rehabilitation program or any combination of such programs by the school district after consultation with district personnel including the pupil s teacher(s) and the parent/guardian of the pupil. 13. Expulsion: Readmission a. An expulsion order shall remain in effect until the governing board may order the readmission of the pupil. At the time the county board orders expulsion of a pupil, the county board shall require the governing board to set a date no later than the last day of the semester following the semester in which the expulsion occurred, when the pupil may apply for readmission to a school within the district. The county board may recommend a plan for rehabilitation for the pupil, which may include, but is not limited to: 1) Periodic review and assessment at the time of application for readmission 2) Recommendations for counseling, employment, community service, and rehabilitation programs b. Any written request for review of expulsion action and request for readmission shall be submitted by the parent/guardian to the governing board in accordance with the procedures set forth in the school district s readmission policy. 14. Expulsion: Suspension of Expulsion a. The county board, upon voting to expel a pupil, may suspend the enforcement of the expulsion order for not more than one calendar year. b. Conditions of Suspension of Expulsion Order: 1) As a condition of the suspension of the expulsion order, the county board may assign the pupil to a school, class or program, which it deems appropriate for the pupil s rehabilitation. 153

159 Board Policies BP 5119(a) Students 2) During this period of suspension of the expulsion order, the pupil shall be on probationary status. 3) The suspension of the expulsion order may be revoked by the county board upon the pupil s commission of any of the acts enumerated in Education Code section et seq., or for any violation of the rules and regulations governing pupil conduct of the education program where the pupil is in attendance. c. Revocation of Expulsion Order: Upon revocation of the suspension of an expulsion order, a pupil may be expelled under the terms of the original expulsion order. d. Readmission of Pupil: Upon satisfactory completion of the rehabilitation assignment of a pupil, the county board, with consultation with school district personnel, shall reinstate the pupil in the school district and may order the expungement of any or all records of the de novo hearing proceedings. Legal Reference: Education Code sections 48925; 48919; 48917, 48922, 48921, 35145, 48920, Article 1, Chapter 6, Part 27, , , 48915, 48918, 48923, 48924, 46300, Government Code sections 54950; 54957; 34 CFR ; Code of Civil Procedure CA Attorney General Opinion No Adopted: (Adopted as Rule 109.6) June 11, 2003; April 5, 2007; June 25, 2009 Effective: January 1,

160 Board Policies BP 5124(a) Students BP 5124(a) Communication with Parents/Guardians Because parents/guardians have a right to be informed about their child s academic achievement and may use this information to support student learning, the Board encourages frequent communication to parents/guardians about student progress. The principal and teacher may communicate by means of conferences, class newsletters, mail, telephone, and/or school visits by parents/guardians. As part of this communication, teachers shall send progress reports to parents/guardians at regular intervals and shall encourage parents/guardians to communicate any concerns to the teacher. In addition, the County shall send parents/guardians all notifications required by law. Legal Reference: Education Code section Adopted: August 2,

161 Board Policies BP (a) Students BP Release of Student Directory Information The Board recognizes the importance of maintaining the confidentiality of directory information and therefore authorizes the release of such information only in accordance with law, Board policy, and administrative regulations. The County Superintendent or designee may release student directory information to representatives of the news media or nonprofit organizations in accordance with Board policy and administrative regulations. The County Superintendent or designee may limit or deny the release of specific categories of directory information to any public or private nonprofit organization based on his/her determination of the best interests of county students. Colleges and prospective employers, including military recruiters, shall not have access to directory information. Under no circumstances shall directory information be disclosed to a private profit-making entity, except for representatives of the news media and prospective employers, in accordance with Board policy. Private schools and colleges may be given the names and addresses of 12 th grade students and students who are no longer enrolled provided that they use this information only for purposes directly related to the institutions academic or professional goals. Legal Reference: Education Code sections 49061, 49063, Adopted: August 2,

162 Board Policies BP 5127 Students BP 5127 Graduation Ceremonies and Activities High school graduation ceremonies shall be held to recognize those students who have earned a diploma by successfully completing the required course of study, satisfying County standards, and passing any required assessments or received a Certificate of Coursework Completion. The Board believes that these students deserve a public celebration that recognizes the significance of their achievement and encourages them to continue the pursuit of learning throughout their lives. At the discretion of the County Superintendent or designee, a student who will complete graduation requirements during the summer may participate in graduation exercises without receiving his/her diploma. When the requirements have been satisfied, a diploma shall be sent to the student. High school students who have passed the California High School Proficiency Examination or the General Education Development Test must also meet County graduation requirements in order to participate in graduation ceremonies. Legal Reference: Education Code sections Adopted: August 2, 2007 (cf BP ) 157

163 Board Policies BP 5131 Students BP 5131 Student Conduct The Board believes that all students have the right to be educated in a positive learning environment free from disruptions. Students shall be expected to exhibit appropriate conduct that does not infringe upon the rights of others or interfere with the school program while on school grounds, while going to or coming from school, while at school activities, and while on district transportation. Conduct is considered appropriate when students are diligent in study, careful with school property, courteous, and respectful toward their teachers, other staff, students, and volunteers. The County Superintendent or designee shall ensure that each school site develops standards of conduct and discipline consistent with district policies and administrative regulations. Students and parents/guardians shall be notified of district and school rules related to conduct. Prohibited student conduct includes, but is not limited to: 1. Conduct that endangers students, staff, or others 2. Conduct that disrupts the orderly classroom or school environment 3. Harassment of students or staff, including bullying, intimidation, so-called "cyberbullying," hazing or initiation activity, ridicule, extortion, or any other verbal, written, or physical conduct that causes or threatens to cause bodily harm or emotional suffering 4. Damage to or theft of property belonging to students, staff, or the district 5. Use of profane, vulgar, or abusive language 6. Plagiarism or dishonesty in school work or on tests 7. Inappropriate attire Students who violate school rules and regulations may be subject to discipline including, but not limited to, suspension, expulsion, transfer to alternative programs in accordance with Board and County Superintendent policy, and contact with local law enforcement as appropriate. Students also may be subject to discipline in accordance with law and Board and County Superintendent policy for any off-campus conduct during non-school hours which poses a threat or danger to the safety of students, staff, or school property or disrupts the orderly delivery of the educational program. Possession of Cellular Phones and Other Mobile Communications Devices The Board acknowledges the importance of electronic communication between student s and parents/guardians, particularly in school-wide emergency situations. No student shall be prohibited from possessing or using an electronic signaling device that is determined by a licensed physician or surgeon to be essential for the health and use of which is limited to health-related purposes. (Education Code ) 158

164 Board Policies BP 5131 Students Students may bring personal electronic signaling devices that operate through the transmission or receipt of radio waves, including pagers and cellular/digital phones, onto school campus, but students are required to turn these devices into the school office upon arrival onto campus. Students are prohibited from possessing or using personal electronic signaling devices during school hours. If a disruption occurs or a student uses any mobile communications device for improper activities, a school employee shall confiscate it and he/she shall return it at the end of the school day. A student who repeatedly violates this policy may be prohibited from possessing a mobile communications device at school or school-related events and/or may be subject to discipline in accordance with Board or County Superintendent policy. Bullying/Cyberbullying The Board desires to prevent bullying by establishing a positive, collaborative school climate and clear rules for student conduct. Cyberbullying includes the posting of harassing messages, direct threats, social cruelty, or other harmful text or images on the Internet, social networking sites, or other digital technologies, as well as breaking into another person's account and assuming that person's identity in order to damage that person's reputation or friendships. The County Superintendent may provide students instruction in the classroom or other school settings that promotes communication, social skills, and assertiveness skills and may involve parents/guardians, staff, and community members in the development of strategies to prevent and respond to bullying. Students may submit a verbal or written complaint of conduct they consider to be bullying to a teacher or administrator and may also request that their name be kept in confidence. The County Superintendent or designee may establish other processes whereby students may submit anonymous reports of bullying. Complaints of bullying or harassment shall be investigated and resolved in accordance with site-level grievance procedures specified by the County Superintendent. When a student is suspected of or reported to be using electronic or digital communications to engage in cyberbullying against other students or staff or to threaten district property, the investigation shall include documentation of the activity, identification of the source, and a determination of the impact or potential impact on school activity or school attendance. Students shall be encouraged to save and print any messages sent to them that they feel constitutes cybyerbullying and to notify a teacher, principal, or other employee so that the matter may be investigated. 159

165 Board Policies BP 5131 Students Cyberbullying conducted using district-owned equipment or on school premises, as well as offcampus cyberbullying that impacts school activity or school attendance, may be subject to discipline in accordance with district policies and regulations. If the student is using a social networking site or service that has terms of use that prohibit posting harmful material, the Superintendent or designee also may file a complaint with the Internet site or service to have the material removed. Legal Reference: Education Code 35181, 44807, 48908, Emmett v. Kirkland School District No. 415, (2000) 92 F.Supp. 2d 1088 Tinker v. Des Moines Independent Community School District, (1969) 393 U.S. 503 Bethel School District No. 403 v. Fraser, (1986) 478 U.S. 675 Adopted: January 8, 2009 Revised 160

166 Board Policies BP Students BP Student Disturbances The Board desires to provide orderly campuses that create a positive school environment and are conducive to learning. When students initiate or are involved in a campus disturbance that has the potential to threaten the safety of students or staff, the Superintendent or designee may request law enforcement assistance. Legal Reference: Education Code sections and Adopted: August 2,

167 Board Policies BP Students BP Tobacco, Nicotine and Smoking The Board recognizes the serious health risks presented by tobacco use and desires to ensure that, through adoption of consistent policies, Sonoma County Office of Education students are made aware of those risks and, to the extent possible, protected from them. The County Superintendent or designee shall establish a coordinated school health system which includes a comprehensive behavioral health education component that teaches students the knowledge, skills, and attitudes they need in order to lead healthy lives and avoid high-risk behaviors, such as tobacco use. The County Superintendent or designee shall provide prevention, intervention, and cessation education, information, activities, and/or referrals to County Office students and shall ensure consistent enforcement of County Office policies prohibiting student possession and use of tobacco products. Prohibition Against Tobacco Use Students shall not possess, smoke, or use tobacco or any product containing tobacco or nicotine while on campus, while attending school-sponsored activities, or while under the supervision and control of County Office employees. Prohibited products include, but are not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. (Education Code 48900, 48901) Students possession or use of electronic cigarettes, electronic hookahs, and other vapor-emitting devices, with or without nicotine content, that mimic the use of tobacco products is also prohibited. These prohibitions do not apply to a student s possession or use of his/her own prescription products. However, student possession or use of prescription products in school shall be subject to the County Office policy and regulation for addressing the administration of medications on campus. (Education Code 48900) Prevention Instruction The County Office shall provide developmentally appropriate tobacco-use prevention instruction for its students at selected grade levels from K-12 pursuant to Education Code Such instruction shall be aligned with state content standards and the state curriculum framework for health education and with any requirements of state and/or federal grant programs in which the County Office participates. Intervention/Cessation Services The County Office may provide or refer students to counseling, intensive education, and other 162

168 Board Policies BP Students intervention services to assist in the cessation of tobacco use. Such intervention services shall be provided as an alternative to suspension for tobacco possession. Cf. BP 1220, BP 3290, BP 5022, BP 5030, BP 5131, SP , SP , SP , SP 6143 Legal References: Education Code sections 48900, , 48901, 51202, 60041; Health & Safety Code sections , ; Penal Code section 308; Code of Regulations, Title 17, sections 6800, ; United States Code, Title 20, sections ; Code of Federal Regulations, Title 21, sections ; Attorney General Opinion 88 Ops. Cal. Atty. Gen 8 (2005) Adopted: September 4,

169 Board Policies BP Students BP Infectious Diseases Students with Communicable Diseases The Board of Education recognizes its dual responsibility to protect the health of its students as well as to uphold each student s individual rights. Leading public health authorities have recommended that the decision as to whether the student with communicable diseases should be admitted to school or should be permitted to continue in attendance should be based upon individual circumstances. The Board of Education believes that this recommendation acknowledges the dual responsibility as referred to above. The Board recognizes the importance of the academic interaction and socialization received by the student with communicable diseases in the school setting. When a parent or legal guardian discloses that a child has a communicable disease and requests that the child attend or continue to attend the regular school program, the County Office will follow the process set forth below: 1. The superintendent or designee will immediately consult with the parent, the child s physician, an officer of the Public Health Department, and appropriate SCOE staff for purposes of determining whether there is any reason to believe that the child could present a health risk to other students or staff assigned to the classroom. 2. If the superintendent or designee determines that the child poses no risk to the health of others in the classroom, then the child shall be admitted to the appropriate class. The superintendent shall advise the Board of all such determinations. 3. If the Superintendent or designee determines that there is reason to believe the child could present a risk to the health of others, then he will advise the Board of that determination. The Board will then ask that the Sonoma County Community Health Committee form a multidisciplinary review committee including at least three medical practitioners knowledgeable about communicable diseases of which at least one is a physician; an officer of the Public Health Department; the child s parent; a site administrator; a school nurse; an attorney selected by this Board; and at least one of the teachers in whose class the child would be placed. The review committee will evaluate students on a case-by-case basis according to Center For Disease Control guidelines, and recommend a course of action to the Board. The recommendation shall include the specific conclusions of the medical practitioners. 164

170 Board Policies BP Students 4. With the written concurrence of the review committee the Board will decide whether the student with the communicable disease shall be admitted or will be permitted to continue enrollment. 5. Without the written concurrence of the review committee the student with the communicable disease shall be excluded from admission under the authority of and following the procedures set forth in Education Code Sections and From time to time, the Board may request the review committee to reconvene to review the status of the student and to make further recommendations regarding the enrollment of the students. When a parent requests that a child with a communicable disease receive instruction through other than the regular school program, the County Office staff will make reasonable efforts to arrange an individual program subject to final Board approval; and the Superintendent shall ensure that there will be no release of information regarding students with communicable diseases in violation of County Office policy governing the confidentiality of student records. cf. BP 3600(a), 5030(a), 5119 (a), 6178(a), 9320, 9321(a) Legal Reference: Education Code sections 48211, Adopted: (Adopted as Rule 109.9) 165

171 Board Policies BP Students BP Health Examinations The Board recognizes that periodic health examinations of students may lead to the detection and treatment of conditions that impact learning. Health examinations also may help in determining whether special adaptations of the school program are necessary. In addition to verifying that students have complied with legal requirements for health examinations and immunizations before enrolling in school, the County shall administer tests for vision, hearing and scoliosis as required by law. The Superintendent or designee shall ensure that staff employed to examine students exercise proper care of each student and that examination results are kept confidential. Records related to these examinations shall be available only in accordance with law. Legal References: Education Code sections ; 49422; Adopted: August 2,

172 Board Policies BP (a) Students BP (a) Child Abuse Prevention and Reporting Suspected Child Neglect/Abuse It shall be the policy of this Board that all employees hired after July 1, 1984 receive a copy of Section of the Penal Code of California and sign a statement indicating compliance with the Child Abuse Reporting requirements. Legal Reference: Penal Code section Adopted: (Adopted as Rule 109.8) 167

173 Board Policies BP 5143 Students BP 5143 Insurance To ensure that injured students receive needed health care services, the Board may make medical and/or hospital service available to County students through nonprofit membership corporations and/or group, blanket or individual policies from an authorized insurer or a county self-insurance program. Legal Reference: Education Code sections Adopted: August 2,

174 Board Policies BP (a) Students BP (a) Freedom of Speech/Self Expression Student Publications Code A. Student Exercise of Free Expression Rights of Students 1. Students have the right to exercise freedom of speech and of the press including, but not limited to, the use of bulletin boards; the distribution of printed materials or petitions; and wearing buttons, badges and other insignia. 2. Students also have the right of expression in official school publications, whether or not such publications or other means of expression are supported financially by the County or by use of County facilities. 3. For purposes of this rule "official school publications" refers to material produced by students in journalism or writing classes or for the school's newspaper or yearbook, and which is distributed to the student body either free or for a fee. Prohibited Student Expression 1. Student expression which is obscene, libelous, or slanderous is prohibited. 2. Students are also prohibited from making expressions which so incite students as to create a clear and present danger of the commission of unlawful acts on school premises, or the violation of lawful County school regulations, or the substantial disruption of the orderly operation of the County school. 3. Profanity is prohibited. Profanity shall be judged by those standards of public decency used in the local press. 4. The use of fighting words or epithets is prohibited in those instances where the speech is abusive and insulting, is used in an abusive manner, and will cause a breach of the peace. 5. The above prohibited student expression shall also be extended to all mediums; including, but not limited to, all audio, video, and computer generated medium. Off-Campus Expression A student shall be subject to discipline for off-campus expression, including expression on off-campus Internet web sites, when such expression poses a threat to the safety of other 169

175 Board Policies BP (a) Students students, staff or school property, or substantially disrupts the educational program. The County Superintendent or designee shall document the impact the expression had or could be expected to have on the school program. Time, Place, and Manner Limitations 1. Students may disseminate permitted expressive material in County schools or on school property before or after regular school hours, during lunch time, during student recess or break time, or at such other times designated by the principal or designee for such dissemination. 2. Dissemination of student expression must be conducted in an orderly manner without interruption of the instructional process. Distribution of materials shall only occur in designated areas. 3. No student shall use coercion to induce any other student or person to accept printed matter or to sign a petition. No funds shall be collected for any material distributed. B. Official School Publications Responsibilities of Student Editors Student editors of official school publications are responsible for: 1. assigning and editing the new, editorial, and feature content of their publications subject to the limitations of this rule; 2. submitting copy that conforms to good journalistic writing style; 3. re-writing material, as required by the advisor or teacher, to improve journalistic structure, sentence structure, grammar, spelling, and punctuation; 4. checking facts and verifying quotes; and 5. in the case of editorials on controversial issues, providing space for rebuttals, in the same issue if possible, but no later than the following issue. Responsibilities of Official School Publication Advisors Official School Publication Advisors are responsible for: 1. supervising the production of the student staff; 2. maintaining professional standards of English and journalism; 170

176 Board Policies BP (a) Students 3. maintaining the provisions of this rule; Compliance and Enforcement 1. The school principal or designee may review material prior to publication upon reasonable belief that the material violates these guidelines; however, such material must be returned to the student editors within 24 hours after it is submitted for review. 2. No prior restraint of material prepared for official school publications is permitted unless the material violates this rule. 3. School officials have the burden of showing justification, without undue delay, prior to any limitation of student expression under this rule. 4. Absent extraordinary circumstances, notification that the material violates these guidelines shall be given in sufficient time to allow the student editors time to either modify the material or seek review from the Superintendent of Schools or designee. Prior to any restriction of student speech, school officials shall consider feasible alternative options to restricting the speech. 5. If a disagreement arises as to whether material is subject to prior restraint, the determination shall be made by the Superintendent of Schools in consultation with legal counsel, and subject to review by the County Board of Education. 6. The provisions of this rule shall be interpreted and applied so as to be consistent with state and federal law, including, but not limited to constitutional protections of free speech and Education Code Section Legal Reference: Education Code section 48907; Article 1, Section 2 of the California Constitution Smith v. Novato Unified School District (2007) 150 Cal.App.4 th 1439; Lavine v. Blaine School District (2001) 257 F.3d 981; Tinker v. Des Moines Independent Community School District, (1969) 393 U.S. 503 Adopted: (Adopted as Rule 109.4) January 8, 2009; December 10, 2009 Effective: January 1,

177 Board Policies BP Students BP Parental Notifications The Board recognizes that notifications are essential to effective communication between the school and the home. The Board understands the importance of parent involvement in student academic achievement and it desires to promote communication with parents to encourage this participation. The Board recognizes the benefits of effective school-home communication regarding student progress, including student grades and academic progress. Two-way communication is essential for student achievement, student progress, student discipline, program expectations, and student social, emotional and physical needs. The Superintendent or designee shall send students and parents/guardians all notifications required by law, including notifications about their legal rights, and any other notifications he/she believes will promote parental understanding and involvement. The Superintendent or designee shall ensure that program administrators of schools and programs operated by the Superintendent shall distribute annually to the parent/guardian of all minor students a written notice regarding the rights and responsibilities of the parent/guardian. The annual notice shall include all applicable notifications required by Education Code section Notifications to parents/guardians shall be written both in English and in the family's primary language when so required by law. Whenever an employee learns that a student's parent/guardian is for any reason unable to understand the district's printed notifications, the principal or designee shall work with the parent/guardian to establish other appropriate means of communication. Legal Reference: Education Code et seq.; 20 U.S.C. 6311, 6312; 34 C.F.R Adopted: January 8,

178 Board Policies BP 5146 Students BP 5146 Williams Uniform Complaint Compliance The Board recognizes that the County Office is responsible for complying with applicable state and federal laws and regulations governing educational programs. The County Office shall follow uniform complaint procedures when addressing complaints alleging unlawful discrimination based on age, actual or perceived sex, sexual orientation, gender, gender identity, gender expression, ethnic group identification, race, ancestry, national origin, religion, color, genetic information or mental or physical disability in any program or activity that receives or benefits from state financial assistance. Uniform complaint procedures shall also be used when addressing complaints alleging failure to comply with state and/or federal laws, in consolidated categorical aid programs, child nutrition programs and special education programs. The Board encourages the early, informal resolution of complaints at the site level whenever possible. The Board acknowledges and respects student and employee rights to privacy. Discrimination complaints shall be investigated in a manner that protects the confidentiality of the parties and the facts. This includes keeping the identity of the complainant confidential except to the extent necessary to carry out the investigation or proceedings, as determined by the Superintendent or designee on a case-by-case basis. The Board prohibits retaliation in any form for the participation in complaint procedures, including but not limited to the filing of a complaint or the reporting of instances of discrimination. Such participation shall not in any way affect the status, grades or work assignments of the complainant. The Board recognizes that a neutral mediator can often suggest a compromise that is agreeable to all parties in a dispute. In accordance with uniform complaint procedures, whenever all parties to a complaint agree to try resolving their problem through mediation, the County Superintendent or designee shall initiate mediation. The County Superintendent or designee shall ensure that mediation results are consistent with state and federal laws and regulations. On a quarterly basis the County Superintendent will provide as information to the Board at a regularly scheduled Board meeting, a summary of uniform complaints filed pursuant to Chapter 5.1 of Title 5 of the California Code of Regulations (commonly known as the Williams settlement). The report will reflect the number of complaints received, complaints resolved and unresolved complaints in the area of insufficient textbooks or instructional materials, teacher vacancies and/or misassignments, and unclean or unsafe facilities or facilities not maintained in good repair. The complaints and written responses shall be available as a public record. Legal Reference: Education Code section 35186; Title 5, Section 4600 et. seq. Adopted: June 7,

179 Board Policies BP 5150 Students BP 5150 Alternative Education Programs Safe School Plan The Board believes that students cannot benefit fully from an educational program unless they attend school regularly in an environment that is free from physical and psychological harm. The Board also believes that the leadership in providing safe schools, establishing behavior standards, and improving student attendance must come primarily from the County Superintendent of Schools and its staff and site-level administrators. It is the policy of the Board that the substantial benefit students will derive from regular attendance in a safe and orderly school environment justifies a high priority and commitment of personnel and fiscal resources. In accordance with the law, a comprehensive plan for school safety shall be developed and integrated into the ongoing school planning efforts that already exist. This plan shall be reviewed and updated annually by March 1. The safe school plan shall be developed cooperatively by parents or guardians, students, teachers, administrators, counselors, and community agencies, including local law enforcement, and approved by the Board. The Board strongly encourages the establishment of working and collaborative relationships with law enforcement agencies, services agencies, parents or guardians, and community members in order to provide safe and orderly schools, improve attendance, and expand services to students and parents or guardians. The Board believes that in order for a comprehensive program for school safety to have longlasting effects, it should include a planned sequence of strategies and activities appropriate for all students and shall be based on specific needs identified by a broad-based safe school committee. The safe school plan should be based on and/or include the following elements: 1. Collaborative relationships among community agencies, parents or guardians, local law enforcement agencies, and the school that lead to a common vision of a safe school and commitment to programmatic goals developed by a broadly based safe schools committee. 2. A statement of philosophy, an enabling policy, and guidelines that serve as a foundation for safe school plans, provide a clear sense of purpose, and exemplify the County Office of Education s support for the entire planning process. 3. An assessment of the incidence of campus violence and vandalism, student behavior referrals resulting in suspensions or expulsions, student behaviors resulting in automatic expulsion, and students' attendance patterns including actual attendance, number of excused and unexcused absences, and reasons for nonattendance and tardiness. 4. Identification of appropriate and comprehensive strategies and programs that will provide or maintain a high level of school safety. 174

180 Board Policies BP 5150 Students 5. A discipline policy that clearly defines expected behavior, provides consequences for deviations from the expected behavior, and distinguishes discipline problems from law enforcement problems. 6. Objectives and strategies to improve school safety, attendance, student behavior, and disciplinary practices, and thereby reduce campus violence and foster a positive learning environment. 7. An evaluation of the effectiveness of the designated strategies in reaching the desired attendance, behavior, and school environment goals. 8. A description of the roles and responsibilities of faculty and staff in developing cooperative working relationships with law enforcement agencies, service agencies, parents or guardians, and students to assure the implementation and continuing progress of the comprehensive plan. 9. A description of the identified fiscal and personnel resources for the plan's implementation. 10. Strategies for recognizing situations that may potentially result in conflict (or otherwise be disruptive of education) and implementing appropriate interventions. Legal Reference: Education Code et. seq.; et seq.; and California Constitution, Article 1, Section 28(c), Right to Safe Schools. Adopted: June 25, 2009 Reviewed by Committee: May

181 Sonoma County Board of Education Board Policies Series 6000 Instruction 176

182 Board Policies BP 6010 Instruction BP 6010 Goals and Objectives The Board believes that all students need to meet high standards of academic knowledge and skills. In addition, they must have the ability to apply their skills to the workplace, where they will be required to adapt to emerging technologies and changing societal needs. The Board therefore desires to provide an integrated school-to-career instructional program that prepares all students to have: 1. Mastery of skills and knowledge in mathematics, English, science, civics and government, economics, history, geography, health and safety, physical education, foreign language and the arts. 2. Ability to analyze, think creatively, solve problems, make decisions and apply knowledge and skills to real-life situations. 3. Strong communication and interpersonal skills. 4. Experience with a variety of technologies. 5. A flexible personal career plan based on: a. Awareness of possible career paths. b. Career counseling. c. Consecutive work-site learning experiences. d. An understanding of all aspects of the industry the student is preparing to enter. 6. Specialized skills that can lead to career entry positions or more advanced education. 7. Respect for a diversity of cultures and thoughts. 8. Self esteem. 9. Awareness of the responsibilities of citizens in a democracy and the importance of community service. 10. A positive work ethic, and ability to work independently or in a team. 11. Ability to seek out, organize and learn new information. Legal Reference: Education Code sections 51004, Adopted: August 2, 2007;Revised 177

183 Board Policies BP 6011 Instruction BP 6011 Academic Standards The Board recognizes that content and performance standards are necessary to clarify for students, parents/guardians and staff what students are expected to know and be able to do at each grade level and in each area of study. The Board shall adopt high standards for student achievement that meet or exceed statewide standards and challenge all students to reach their full potential. County standards shall be developed through a process that involves staff, students, parents/guardians and community members. Standards shall be based on a review of state model standards and an assessment of the skills that students will need in order to be successful in the workplace and in higher education, including basic skills, problem-solving abilities and conceptual thinking. Special care shall be taken to ensure the proper articulation of standards among County schools. The Superintendent or designee shall ensure that academic standards are regularly reviewed and updated as necessary. Legal Reference: Education Code section 51003, Adopted: August 2,

184 Board Policies BP 6020 Instruction BP 6020 Parent Involvement The Board recognizes that parents/guardians are their children s first and most influential teachers and that continued parental involvement in the education of children contributes greatly to student achievement and a positive school environment. In order to engage parents/guardians positively in their children s education, the County Superintendent or designee shall ensure that staff members at each school: 1. Help parents/guardians develop parenting skills and provide home environments that support their children s academic efforts and their development as responsible members of society. 2. Inform parents/guardians that they can directly affect the success of their children s learning and provide them techniques and strategies that they may use to improve their children s academic success and help their children in learning at home. 3. Initiate consistent and effective two-way communication between the home and school so that parents/guardians may know when and how to help their children in support of classroom learning activities. 4. Receive training that fosters effective and culturally sensitive communication with the home, including training on how to communicate with non-english speakers and how to give parents/guardians opportunities to assist in the instructional process both at school and at home. 5. Encourage parents/guardians to serve as volunteers in the schools, attend student performances and school meetings, and participate in site councils, advisory councils and other activities in which they may undertake governance, advisory and advocacy roles. School plans shall delineate specific measures that shall be taken to increase parental involvement with their children s education, including measures designed to involve parents/guardians with cultural, language, or other barriers which may inhibit such participation. Legal Reference: Education Code section Adopted: August 2,

185 Board Policies BP 6030 Instruction BP 6030 Integrated Academic and Vocational Instruction In order to maximize the learning and application of skills that will allow any students taking ROP programs to succeed in life, the Board believes that the instruction of academic and vocational subjects should be combined and integrated in SCOE programs. The Board is confident that achievement will rise when students are routinely called upon to apply their classroom learning to real life and workplace situations. The Board recognizes that integrated academic/vocational instruction will require new forms of community involvement and a new level of collaboration among schools and staff members. Representatives of all disciplines and grade levels will need to collaborate in developing a curriculum that offers school-based and work-based learning experiences in well-articulated sequences. Career awareness, exploration and guidance should be an integral part of this curriculum. For assistance in planning, curriculum development and staff training, the County shall call upon parents/guardians, staff, and representatives of business, labor organizations, community agencies, employment training programs and/or institutions of higher education. The Superintendent or designee shall examine a variety of strategies for integrating the curriculum and shall develop an integration plan for Board consideration. This plan shall include a process whereby the Board may regularly assess the district s progress toward an effective, fully integrated school-to-career instructional program. Legal Reference: Education Code sections 51041, Adopted: August 2,

186 Board Policies BP Instruction BP Physical Education The Board recognizes the positive benefits of physical activity for student health and academic achievement. The Board desires to provide a physical education program that builds interest and proficiency in movement skills and encourages students lifelong fitness through physical activity. Besides promoting high levels of personal achievement and a positive self-image, physical education activities should teach students how to cooperate in the achievement of common goals. All physical education programs shall be aligned with state model content standards and curriculum frameworks for physical education and shall provide a developmentally appropriate sequence of instruction including, at appropriate grade levels, the effects of physical activity upon dynamic health, the mechanics of body movement, individual and dual sports, rhythms and dance, team sports, and combatives such as self-defense and fencing. An appropriate alternative activity or exemption from the physical education class shall be provided for a student with disabilities in accordance with his/her individualized education program or Section 504 accommodation plan. Physical education staff shall appropriately adjust the amount or type of physical exercise required of students during air pollution episodes, hot weather, or other inclement conditions or as needed to accommodate individual student health needs. The Superintendent or designee shall annually administer the physical fitness test designated by the State Board of Education to students in grades 5, 7, and 9. The Superintendent or designee may grant a temporary exemption from physical education under either of the following conditions: 1. The student is ill or injured and a modified program to meet his/her needs cannot be provided. 2. The student is enrolled for one-half time or less. The Superintendent or designee may exempt students, with their consent, from any two years of physical education courses during grades provided that the student has satisfactorily met any five of the six standards of the state s physical fitness test in grade 9. Upon request by students and/or their parents/guardians, the Superintendent or designee may administer the physical fitness test to students in grades who need to pass the test in order to qualify for a two-year exemption from physical education courses. 181

187 Board Policies BP Instruction The Superintendent or designee may excuse any student in grades who attends a regional occupational center or program from attending physical education courses if such attendance results in hardship because of the travel time involved. Legal Reference: Education Code sections 49066, 51220, 51222, 51241, 52316, CCR ; Adopted: August 2, 2007 January 8,

188 Board Policies BP (a) Instruction BP (a) Student Promotion, Intervention or Retention The Sonoma County Board of Education and the Sonoma County Superintendent of Schools provide support to local school districts and families by delivering alternative and specialized educational programs and services to students with cognitive, physical, and emotional impairments; academic deficiencies; negative behavior patterns; unique learning needs or interests. The County Board and County Superintendent expect students enrolled in the Sonoma County Office of Education s Alternative Education (i.e., Court Schools, Community Schools, Home Study, and Adera Pregnant Minor Program) and Special Education programs to make appropriate progress in each instructional level attended. Students shall progress through instructional levels by demonstrating growth in learning and meeting standards of expected student achievement established by the County Board and County Superintendent. To accomplish this, instruction shall accommodate the varying abilities and learning styles of individual students and include strategies for addressing academic deficiencies as needed. The County Board and County Superintendent acknowledge that the unique needs and circumstances of students served in County Office programs will have a bearing upon any decision to promote or retain. The County Board and County Superintendent further acknowledge that for students returning to their district of residence, appropriate grade or instructional level placement will be determined by that district. Early Identification and Intervention Students are provided comprehensive instruction to achieve academic progress. Student performance is evaluated on a consistent basis. Students experiencing academic difficulties are identified as early as possible and appropriate instructional strategies are implemented. Parents and staff shall consider the need for and availability of additional intervention services. Where applicable, grades are assigned for courses of instruction at the end of each semester and summer session. Progress reports are provided prior to the end of each semester. As soon as it can be reasonably determined by the teacher that a student is in danger of failing a course, the parent or guardian of that student shall be invited to a conference with the teacher. The conference shall be scheduled no later than two weeks prior to the end of the semester. A written report shall be provided if the parent or guardian does not attend. 183

189 Board Policies BP (a) Instruction As early as possible in the school year, and in the student s school career, but no later than the next progress report, the County Superintendent or designee shall identify students who should be retained and who are at risk of being retained in accordance with law, Board rule/superintendent policy, and the following criteria: 1. Students shall be considered for promotion and retention between certain grade levels and on the basis of their level of proficiency in specific subject areas: a. Between grades 2 and 3 in reading b. Between grades 3 and 4 in reading c. Between grades 4 and 5 in reading, English language arts and mathematics d. Between the end of the intermediate grades and the beginning of the middle school grades (usually grades 6 or 7) in reading, English language arts and mathematics e. Between the end of the middle school grades and the beginning of high school (usually grade 9) in reading, English language arts and mathematics 2. Students shall be identified on the basis of teacher assessment of student progress, including grades, and other indicators of academic achievement, such as: a. STAR tests b. Adult Basic Learning Examination (ABLE) c. Individual Learning Plan (ILP) d. student portfolio e. criterion-referenced tests and informal inventories of mathematics, reading, and written expression skills f. locally designed assessments aligned with defined learner outcomes g. assessment of English language development proficiency 184

190 Board Policies BP (a) Instruction 3. Teachers and others playing a role in decisions related to promotion and retention are encouraged to consider other factors when making recommendations. Those factors include: a. judgment of the teacher and other staff b. social, emotional, and physical development c. record of academic achievement and levels of proficiency attained prior to enrollment d. factors contributing to academic failure e. length of stay in County Office program and academic progress during that period f. attendance history g. for an expelled student, progress toward meeting requirements of his/her rehabilitation plan h. chronological age i. effectiveness of past instruction and remediation attempts j. previous retentions k. additional information provided by parent/guardian and student l. consultation with district of residence, if appropriate m. knowledge of English language 4. With respect to students who have been identified as individuals with exceptional needs who are eligible for special education instruction and services and other students with a disability that affects a major life activity, decisions regarding assessment, instruction, and promotion or retention of these students will be made in accordance with the recommendation of the student s IEP Team or 504 Team, as appropriate. A student identified as performing below the minimum standards for promotion shall be retained in his/her current instructional level unless the student s teacher determines in writing that retention is NOT the appropriate intervention for the student s academic deficiencies. The determination shall specify the reason that retention is not appropriate for the student and shall include recommendations for other interventions that, in the opinion of the teacher, are necessary to assist the student to attain acceptable levels of academic achievement. 185

191 Appeal Board Policies BP (a) Instruction If the teacher s recommendation to promote is contingent upon the student s participation in a summer school or interim session remediation program, the student s academic performance shall be reassessed at the end of the remediation program, and the decision to retain or promote the student shall be re-evaluated at that time. The teacher s evaluation shall be provided to and discussed with the student s parent/guardian and the site administrator before any final determination of retention or promotion. When a student is identified as being at risk of retention, the County Superintendent or designee shall notify the parent/guardian and district of residence, if appropriate, in writing as early in the school year as practical, but no later than the next progress report. The notification shall invite the parent/guardian and district of residence to a conference to discuss the student s performance with the student s teacher and the site administrator. Other agencies will be included in the meeting as appropriate. The notification shall also include a copy of the Board rule/superintendent policy on promotion, retention and intervention and the right to appeal a decision to retain or promote the student. The teacher s decision to retain or promote a student may be appealed by the student s parent or guardian; the student, if 18 years or older; or the site administrator consistent with Board rule/superintendent policy and state law. The burden shall be on the appealing party to show why the teacher s decision should be overruled. To appeal a teacher s decision, the appealing party shall submit a written request to the County Superintendent or designee specifying the reasons why the teacher s decision should be overruled. The appeal must be initiated within 10 school days of the written notification to retain or promote. This deadline may be extended upon a showing of good cause. The teacher shall be provided an opportunity to state orally and/or in writing the criteria on which his/her decision was based. Within 30 days of receiving the request, the County Superintendent or designee shall determine whether or not to overrule the teacher s decision. Prior to making this determination, the County Superintendent or designee shall meet with the appealing party and the teacher. If the County Superintendent or designee determines that the appealing party has overwhelmingly proven that the teacher s decision should be overruled, he/she shall overrule the decision. The determination of the County Superintendent or designee may be appealed to the County Board of Education within 15 school days. Within 30 days of receipt of a written appeal, the County Board shall meet in closed session to decide the appeal. The decision of the County Board may be made on the basis of documentation prepared as part of the appeal process or, at the discretion of the County Board, the Board may also meet with the appealing party, the teacher, and the County Superintendent or designee to decide the appeal. (Ed Code 35146) The decision of the County Board shall be final. 186

192 Board Policies BP (a) Instruction If the decision of the County Board is unfavorable to the appealing party, he/she shall have the right to submit a written statement of objections which shall become part of the student s record. Provision of Supplemental/Remedial Instruction To the extent feasible, reasonable and appropriate opportunities for direct, systematic and intensive supplemental instruction to assist students in overcoming academic deficiencies in mathematics, reading, and written expression shall be provided to students in grades 2 through 9. Supplemental instruction shall be provided to students in the following priority order: 1. students who have been recommended for retention or who have been identified as being at risk of retention pursuant to Education Code section , or identified by Board rule/superintendent s policy. 2. students who have been identified as having a deficiency in mathematics, reading or written expression based on the results of the tests administered under the STAR program. 3. students who have failed to meet County Board or (County Superintendent adopted standards of proficiency in mathematics, reading or written expression. With parent/guardian consent, the County Superintendent or designee may require students who have been retained to participate in a supplemental instructional program. If the parent/guardian does not consent to the proposed remedial instruction, a memorandum of record shall be placed in the student s cumulative record. Supplemental educational services shall be offered during the summer, after school, on Saturdays, during intersessions, or in any combination thereof. Services shall not be provided during the regular instructional day if it would result in the student being removed from classroom instruction in the core curriculum. Pursuant to an agreement with the student s district of residence, services may be provided in a supplemental instructional program offered by the district. The County Superintendent or designee shall seek the active involvement of parents, teachers, the student, and the student s district of residence in the development and implementation of intervention plans. Legal Reference: Education Code sections et seq., et seq., 46300, et seq., , et seq., 56345, et seq., 60648; 5 California Code of Regulations Adopted: September 9, 1999 (Adopted as Rule ) 187

193 Board Policies BP Instruction BP Mathematics Instruction The Board desires to offer a mathematics program that provides a strong foundation in basic mathematical skills and prepares students to apply mathematics in real life. The County Superintendent or designee shall develop grade-level curricula that offer a balanced instructional program, including but not limited to: 1. Basic mathematical skills: qualification, basic facts, sorting and classification, and computational skills including addition, subtraction, multiplication, division, fractions, decimals, squares and square roots. 2. Conceptual understanding: knowledge and application of facts and definitions, identification of principles, understanding of relationships among mathematical concepts, recognition and application of signs, symbols and terms. 3. Problem solving: use of mathematical concepts, skills, tools and reasoning strategies to formulate and solve problems in a variety of situations. The Board shall establish specific content and performance standards in mathematical skills, concepts and problem-solving ability for each grade level. Students at risk of failing to meet performance standards shall receive additional assistance and intervention. Legal Reference: Education Code section Adopted: August 2,

194 Board Policies BP Instruction BP Science Instruction The Board believes that science education should focus on giving students an understanding of key scientific concepts and a capacity for scientific ways of thinking. Students should become familiar with the natural world and the interrelation of science, how to apply scientific knowledge and ways of thinking for individual and social purposes. Legal Reference: Education Code section Adopted: August 2,

195 Board Policies BP Instruction BP High School Graduation Requirements The Board of Education desires that every student shall have the opportunity to earn recognition of achievement for successful completion of the prescribed course of study thereby meeting standards of proficiency established by the Board. To satisfy the standards of proficiency the student shall have: 1. Passed or taken the California High School Exit Exam at least three times; 2. Met the County Office s unit requirements for graduation; 3. Met the County Office s coursework completion requirements for graduation; 4. Documented participation in intervention activities; 5. Met the County Office s standard for acceptable behavior for participation in the graduation ceremony. Students that successfully complete the prescribed course of study, but do not pass the California High School Exit Exam, shall receive a Certificate of Coursework Completion instead of a diploma and shall be allowed to participate in graduation ceremonies. Legal Reference: Education Code sections et seq., et seq.,51420 et seq., et seq.; 5 California Code of Regulations cfs. SP , SP , SP , SP SP , High School Graduation Requirements SP , Alternative Credits Toward Graduation SP , Certificate of Proficiency/High School Equivalency SP , High School Exit Examination Adopted: May 4, 2006 (Adopted as Rule ) February 5,

196 Board Policies BP Instruction BP Alternative Credits Towards Graduation In order to meet individual student needs and encourage all students to complete their high school education, the Board desires to provide flexibility in the completion of prescribed courses in accordance with law. It is the intent of the Board to have the administration actively involve parents/guardians, teachers, and students in helping the County develop alternative means for students to complete the prescribed course of study required for graduation. As an alternative to completing the course requirements for high school graduation, students may fulfill one or more of the course requirements through the following: 1. Practical demonstration of skills and competencies. 2. Supervised work experience or other outside school experience in accordance with Education code and 5 CCR Career technical education classes offered in high school. 4. Courses offered by regional occupational centers or programs 5. Interdisciplinary study 6. Independent study 7. Credit earned at a postsecondary institution 8. For credit toward the district s foreign language requirement, foreign language studies successfully completed in a private school 9. Beginning in the school year, a course in career technical education (CTE) may be taken as an alternative to the visual or performing arts or foreign language course requirement for high school graduation. The County Board shall include this information in the annual notification to parents/guardians pursuant to Education Code The County Superintendent or designee shall determine whether a student has satisfactorily met course requirements through any of the above alternative means. Legal Reference: Education Code sections , 51220, Adopted: August 2, 2007 September 12,

197 Board Policies BP Instruction BP Reciprocity of Academic Credit To determine whether students transferring into the County have met district course requirements, the County Superintendent or designee shall establish procedures to evaluate the comparability of courses and/or students understanding of course content. Such procedures shall include methods for determining the number of years of school attendance, the specific courses completed by the student and the value of credits earned. The County shall accept credit for full or partial coursework satisfactorily completed by students while attending a public school, a juvenile court school or nonpublic nonsectarian school or agency. Pending evaluation of the transferring student s academic performance, the student shall be placed at the grade level reached prior to enrollment in the County. Within 30 days of enrollment, the principal or designee shall complete the evaluation and determine the student s appropriate grade placement. Legal Reference: Education Code sections , Adopted: August 2,

198 Board Policies BP 6158(a) Instruction BP 6158(a) Independent Study The County Board of Education recognizes its responsibility to provide each student in the county with the opportunity to receive the best possible public education and authorizes the use of independent study as an alternative instructional strategy through which students who voluntarily select this option may achieve curriculum objectives and fulfill graduation requirements in a setting other than the regular classroom. The primary purpose of independent study shall be to offer a means of individualizing the educational plan for students whose needs may be most appropriately met through study outside the regular classroom setting. The County Superintendent assigns responsibility for implementing independent study to the Director of School and Community Services and directs that s/he develop procedures to operate the program in compliance with all applicable Education Code provisions. Specifically, the County Board of Education directs that: no student shall be required to participate in independent study and all students shall have the alternative of classroom instruction; no course required for high school graduation shall be offered exclusively through independent study; no individual with exceptional needs as defined in the Education Code Section shall participate in independent study unless his/her individual education program (IEP) specifically provides for participation; no temporarily disabled student may receive individual instruction pursuant to Education Code Section through independent study; however, if the temporarily disabled student s parent/guardian and the County Office agree, the student may receive instruction through independent study instead of receiving the home and hospital instruction provided pursuant to Education Code Section ; the County Office shall provide appropriate services and resources to enable students to complete their independent study successfully and shall ensure that independent study students have the same access to services and resources as is provided to students enrolled in any other program. Independent Study Agreements The Director of School and Community Services shall ensure that the County Office execute a written independent study agreement with each participating student as prescribed by law. 193

199 Board Policies BP 6158(a) Instruction Individual independent study agreements and any subordinate contracts and assignments shall be consistent with Alternative Education s approved course of study. Screening procedures shall be used to ensure that parents/guardians and students understand the terms and conditions of the independent study agreement before it approval by the County Office. Independent study agreements shall require and cover a study plan that represents not less than the equivalent of a minimum school day for the student s grade level for every school day covered by the agreement and shall include: the manner, frequency, date, time and place for submitting a student s assignments and for reporting his/her progress; the title and statement of the major objectives of the course of study covered by the agreement; the specific resources, including materials and personnel, which will be made available to the student in order to attain the objectives; a schedule for achieving objectives and completing the agreement; a schedule of conferences between the student and the supervising teacher; the method utilized to evaluate the student s work; a statement of the maximum length of time allowed between the assignment and completion of a student s assigned work; a statement that failure to submit evidence of two completed assignments may result in an evaluation of whether the student should be allowed to continue in independent study and that a written record of the findings of that evaluation shall be maintained in the student s permanent record; the duration of the agreement, including the beginning and ending date for the student s participation, up to a limit of one semester or one-half year for a school on a year-round basis; a statement of the number of course credits or, for elementary grades, grade level standards appropriate to the agreement to be earned by the student upon completion; a statement that independent study is an optional alternative in which no student is required to participate; 194

200 Board Policies BP 6158(a) Instruction the signatures of the student, the student s parent/guardian, certificated employee who is assigned responsibility for the general supervision of the independent study, and any person who has direct responsibility for providing assistance to the student. Independent Study Records Independent study records shall identify all students participating in independent study and shall specify the grade level and program placement in which each of these students is enrolled. Records shall include, but not be limited to, the following: a copy of the policies and procedures pertaining to independent study; a file of all agreements with representative samples of completed and evaluated student assignments; a list of all students who have participated or are currently participating in independent study which shows credits attempted by and awarded to each student per agreement and a record of the student s attendance; an attendance register in which attendance is recorded on the basis of positive attendance accounting procedures approved by the California Department of Education; a record of grades and other evaluations issued to each student for independent study assignments. Units of credit earned may be applied toward promotion to the next grade or graduation. The County Office shall certify independent study students for graduation providing they meet all the requirements. In the event that there is a dispute to credits given, the parents/guardians and students have a right to appeal following County Office procedures. Legal Reference :Code of Regulations Title 5, Education Code sections , 44865, 46300(e), , , , 48340, , (e), 52015, 52017, 52206, Adopted: November 6, 1997 (Adopted as Rule ) 195

201 Board Policies BP 6158(a) Instruction Full-time Community College Attendance If the governing board of a school district located in Sonoma County denies a petition for the full-time attendance of a pupil at a community college the parent or guardian of the pupil may file an appeal with the Board. The Board shall insofar as practicable consider such appeals under BP 5117(a) but shall render a final decision on the petition in writing within 30 calendar days of receipt of a written request for an appeal. Legal Reference: Education Code section Adopted: October 4, 2001 (Adopted as Rule109.2) 196

202 Board Policies BP (a) Instruction BP (a) Special Education Program Coordination The Board shall approve the employment of qualified personnel to provide for the coordination of courses of study, guidance services, special education and attendance activities among the school districts under the jurisdiction of the County Superintendent of Schools. Adopted: (Adopted as Rule 104.3) Master Plan for Special Education As the governing board of the court and community school programs the Board is a member district in the Sonoma County Special Education Local Plan Area (SELPA). Adopted: (Adopted as Rule ) Special Education The County Superintendent has the responsibility to provide services for the education of students with exceptional needs as defined in Education Code section et seq. who are placed in a county community school pursuant to Section Pursuant to Education Code section 1984 the Board has designated the county Superintendent or designee to serve as its representative on the appropriate Sonoma County Special Education Local Plan Agreement (SELPA) governance body Adopted: (Adopted as Rule ) cf. BP 3280 Legal Reference: Education Code sections 1981, 1984, 56000, et seq., 56140, et seq. Policy 197

203 Board Policies BP (a) Instruction BP (a) Audiovisual Equipment and Technology Repairs for Agencies Other Than Public Schools The County Superintendent of Schools is authorized to provide audiovisual curriculum materials, including equipment and apparatus, and provide for the repair of such equipment, to any nonpublic institution of higher education, any nonpublic school, a public agency, or a nonprofit public organization. The materials, equipment, and apparatus shall be available for use by such agencies only when they are not needed by public schools or the County Office of Education. Such services shall be provided pursuant to an annual written agreement which shall provide for the amount of payment to be made and the time payments shall be made. Such payments shall be equal to the costs incurred by the Superintendent and shall provide for recovery in the event equipment or materials are lost, stolen, or damaged. As directed by Education Code Section 1251, all funds received for such services shall be deposited in a special equipment and apparatus fund. Legal Reference: Education Code section 1251 Adopted: (Adopted as Rule ) 198

204 Board Policies BP Instruction BP Toxic Art Supplies The Board recognizes its responsibility to protect the health and safety of students in the selection of materials used for instruction in arts and crafts activities. The County Superintendent or designee shall develop procedures for the purchase, use and proper disposal of arts and crafts materials which ensure that the health and safety of students is protected from harmful exposure to toxic substances in accordance with Education Code section and established health standards. Students in grades 7-12 are considered able and to read and understand product labels and to take adequate precautions to use products which are prohibited for use in grades K-6. The County Superintendent or designee shall ensure that arts and crafts materials purchased for use in grades 7-12 meet the requirements of Education Code section The products must be properly labeled to identify toxic ingredients, warn of potential adverse health effects and describe procedures for safe use and storage. Legal Reference: Education Code sections Adopted: August 2,

205 Board Policies BP Instruction BP Student Assessment The Board believes that the primary goal of student assessments should be to help students, parents/guardians and teachers identifying individual student s academic accomplishments, progress and areas needing improvement in order to enhance teaching and learning. The County Superintendent or designee shall ensure that assessments are conducted for purposes of determining students eligibility for and appropriate placement in County programs, need for supplemental instruction and eligibility for graduation. Legal Reference: Education Code section Adopted: August 2,

206 Board Policies BP (a) Instruction BP (a) Standardized Testing and Reporting Program The County Superintendent or designee shall administer mandatory student assessments within the state Standardized Testing and Reporting (STAR) program as required by law and in accordance with Board policy and administrative regulation. The Board desires to use the results of the achievement tests to evaluate the performance of County students against that of students in other counties across the state and against national norms. In order to help ensure a high amount of student participation, the Superintendent or designee shall notify students and parents/guardians of the importance of these achievement tests. Legal Reference: Education Code sections Adopted: August 2,

207 Board Policies BP Instruction BP Animals at School The Board recognizes that animals in the classroom can be an effective teaching aid. Additionally it is recognized that students may need a service animal to assist in their attendance and participation in school. In addition, instruction related to the care and treatment of animals teaches students a sense of responsibility and promotes the humane treatment of living creatures. Animals may be brought to school for educational and disability-related purposes, subject to rules and precautions specified in this policy and the Superintendent s Policies and Procedures. Classroom staff and administration shall ensure that these rules and precautions are observed so as to protect the health and safety of all students, staff, and animals and to ensure that the instructional program is maintained. The Board acknowledges the Sonoma County Office of Education s responsibility to permit students and/or adults with disabilities to be accompanied by a service animal in its school buildings, in classrooms, and at school functions as required by the Americans with Disabilities Act, 28 CFR Part 35, subject to this policy and the Superintendent s Policies and Procedures. This policy shall only address student use of animals for educational and disability-related purposes and shall not govern any employment-related use of animals. Educational and Disability-Related Requests All persons making a request to be accompanied by an animal shall be subject to the following: 1. All requests to bring an animal to school must be addressed in writing to the County Superintendent or designee at 5340 Skylane Blvd., Santa Rosa, CA 95403, and must contain required documentation of vaccinations. This written request must be delivered to the County Superintendent or designee at least 10 business days prior to bringing the service animal to school or a school function. The written request shall specify the reason for bringing the animal to school, i.e. curriculum, educational, disability-related. 2. The County Superintendent or designee shall give such permission only after he/she has provided written notification to all parents/guardians of students in the affected class, asking them to verify whether their child has any known allergies, asthma, or other health condition that may be aggravated by the animal's presence. When a parent/guardian has provided notification that his/her child has an allergy, asthma, or other health condition that may be aggravated by the animal, the County Superintendent or designee shall take appropriate measures to protect the student from exposure to the animal. 3. If the request is for a service dog, the person making the request must provide annual proof of the following vaccinations: DHLPPC (Distemper, Hepatitis, Leptospirosis, Paroinfluenza, Parvovirus, Coronavirus), Bordetella, and Rabies. 202

208 Board Policies BP Instruction 4. If the request is for a service miniature horse, the person making the request must provide annual proof of the following vaccinations: Equine Infectious Amemia (Coggins Test), Rabies, Tetanus, Encephelomyelitis, Rhinoneumonitis, Influenza, and Strangles. 5. All service dogs must be spayed or neutered. 6. All animals must be treated for, and kept free of, fleas and ticks. 7. All animals must be kept clean and groomed to avoid shedding and dander. 8. Owners of the animals are liable for any harm or injury caused by the animal to other students, staff, visitors, and/or property. 9. For disability-related purposes only, the animal must be a dog or, in limited specific circumstances, a miniature horse. No other species of animal, whether wild or domestic, will be permitted in schools as a service animal. 10. A service animal must be required for the individual with a disability. 11. A service animal must be individually trained to do work or a task for the individual with a disability. 12. Special Provisions/Miniature Horses: Requests to permit a miniature horse to accompany a student or adult with a disability in school buildings, in classroom, or at school functions, will be handled on a case-by-case basis, considering: a. The type, size, and weight of the miniature horse and whether the facility can accommodate these features; b. Whether the handler has sufficient control of the miniature horse; c. Whether the miniature horse is housebroken; and d. Whether the miniature horse s presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation. 13. Removal of an Animal: The County Superintendent or designee may ask any person who brings an animal to school to remove the animal from a school building, a classroom, or from a school function if any one of the following circumstances occurs: a. The animal is out of control and the animal s handler does not take effective action to control it; b. The animal is not housebroken; and/or c. The animal s presence would fundamentally alter the nature of the service, program, or activity. 14. All animals must have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, 203

209 Board Policies BP Instruction leash, or other tether would interfere with the animal s safe, effective performance of work or tasks, in which case the animal must be otherwise under the handler s control. 15. The Sonoma County Office of Education is not responsible for the care or supervision of any animal, including walking the animal or responding to the animal s need to relieve itself. 16. Students with service animals are expected to care and supervise their animal. In the case of a young child or a student with disabilities who is unable to care for or supervise his service animal, the student s parents are responsible for providing care and supervision of the animal. Issues related to the care and supervision of service animals will be addressed on a case-by-case basis in the discretion of the site administrator. cf: SP (c) Legal Reference: Education Code sections ; ADA Regulations; 28 CFR Part 35 Adopted: August 2,

210 Board Policies BP (a) Instruction BP (a) Internet Access It is the policy of the Sonoma County Board of Education that access to the Internet provided by the Sonoma County Office of Education shall comply with the Children s Internet Protection Act (CIPA). Internet access is to be used as an educational and/or work-related resource and such access shall be made available subject to such Internet use regulations as may be established by the Superintendent. At a minimum the County Superintendent Regulations shall provide for the installation, maintenance, and enforcement with respect to all SCOE computers that have internet access a technology protection measure, as required by the Children s Internet Protection Act. The protection measures shall protect against access by any student or employee to visual depictions that are 1) obscene, 2) child pornography, or 3) harmful to minors. The County Superintendent or designee shall ensure that all SCOE computers with Internet access have a technology protection measure that blocks or filters Internet access to visual depictions that are obscene, child pornography, or harmful to minors and that the operation of such measures is enforced. On an annual basis, the County Superintendent or designee shall provide age-appropriate instruction regarding safe and appropriate behavior on social networking sites, chat rooms, and other Internet services. Such instruction shall include, but not be limited to, the dangers of posting personal information online, misrepresentation by online predators, how to report inappropriate or offensive content or threats, behaviors that constitute cyberbullying, and how to respond when subjected to cyberbullying. Students and/or parents/guardians will be required to sign a Technology Use Agreement before the student may use SCOE equipment to access the internet. Legal Reference: Education Code sections et seq., 60044; Penal Code 313, 502; 20 United States Code 6801 et seq., 7001; 47 USC 254; 16 Code of Federal Regulations ; 47 CFR Adopted: June 6, 2002 (Adopted as Rule ) September 12,

211 Board Policies BP Instruction BP Student Success Teams The Board encourages the collaboration of parents/guardians, teachers, resource personnel, administrators and students in evaluating the strengths and needs of students having academic, attendance or behavioral difficulties and in identifying strategies and programs that may assist the students. The County Superintendent or designee shall establish student success teams as needed to address individual students needs. Each student success team shall develop intervention strategies to assist the student. Such strategies may include changes in program placement or instructional methods, recommendation of supplemental educational services, parent involvement strategies, behavioral interventions, discipline, referrals to other agencies or resources, and/or other appropriate interventions. The student success team shall monitor the student s progress, evaluate the extent to which the recommended strategies have been implemented, and develop additional interventions as needed. Legal Reference: Education Code sections , Welfare & Institutions Code sections Adopted: August 2, 2007 Revised 206

212 Board Policies BP 6171 Instruction BP 6171 Title I Programs In order to improve the academic achievement of disadvantaged students, the County shall use federal Title I funds to provide eligible students with supplementary services to reinforce the core curriculum and assist students in attaining proficiency on state academic standards and assessments. Legal Reference: Education Code section Adopted: August 2,

213 Board Policies BP 6173 Instruction BP 6173 Education for Homeless Children The Governing Board desires to ensure that homeless students have access to the same free and appropriate public education provided to other students within the county including county community school programs. The Board has the authority to include homeless students in community school programs. Homeless students shall be allowed to enroll in community school programs. The County Superintendent of Schools shall develop administrative regulations including homeless students in the administration of County Community schools, pursuant to state and federal law. Legal Reference: Education Code Date Adopted: November 8, 2007 Revised 208

214 Board Policies BP/SP 6174 Instruction BP/SP 6174 Education For English Language Learners The County Board and County Superintendent intend to provide English learners with challenging curriculum and instruction that develop proficiency in English as rapidly and effectively as possible while facilitating student achievement in SCOE s regular course of study. English learners shall be provided English language development instruction targeted to their English proficiency level and aligned with state content standards. SCOE s program shall be based on sound instructional theory and adequately supported in order to assist students in accessing the full educational program. The County Superintendent or designee shall ensure that all staff employed to teach English learners possess the appropriate authorization from the Commission on Teacher Credentialing. The County Superintendent or designee shall encourage parent and community involvement in the development, implementation, and evaluation of English language development programs. In addition, to support students' English language development, the County Superintendent or designee may provide an adult literacy training program for parents/guardians and community members that leads to English fluency. Identification and Assessment The County Superintendent or designee shall maintain procedures which provide for the accurate identification of English learners and an assessment of their proficiency and needs in the areas of listening, speaking, reading, and writing in English. Once identified as an English learner, a student shall be annually assessed for language proficiency until he/she is reclassified based on criteria specified in County Superintendent Administrative Regulation Placement of English Learners Students who are English learners shall be educated through "sheltered English immersion" or "structured English immersion," as defined in law and administrative regulation, during a temporary transition period not normally intended to exceed one year. Nearly all of the classroom instruction in SCOE s structured English immersion program shall be in English, but with the curriculum and presentation designed for students who are learning the language. For purposes of determining the amount of instruction conducted in English in the structured English immersion classroom, "nearly all" shall mean the classroom instruction in a sheltered or structured English immersion program shall be in English. However, clarification, explanation, and support, as needed, may be in a student s primary language. 209

215 Board Policies BP/SP 6174 Instruction When an English learner has acquired a reasonable level of English proficiency as measured by any of the state-designated assessments approved by the California Department of Education, or any locally developed assessments and criteria, he/she shall be transferred from a structured English immersion classroom to an English language mainstream classroom in which the instruction is overwhelmingly in English. The standards for determining reasonable level of English proficiency shall be as set forth in County Superintendent s Administrative Regulation At any time during the school year, the parent/guardian of an English learner may have his/her child moved into an English language mainstream program. Parental Exception Waivers When allowed by law, the parent/guardian of an English learner may submit a request that his/her child be exempted from placement in a structured English immersion program and instead be placed in an English language mainstream program. Each waiver request shall be considered on its individual merits with deference given to parental preference for student placement. A waiver request shall be granted in accordance with law unless the principal and educational staff have determined that an alternative program would not be better suited to the student's overall educational development. Program Evaluation To evaluate the effectiveness of SCOE s educational program for English learners, the County Superintendent or designee shall report to the County Board, at least annually, regarding the progress of English learners towards proficiency in English, the number and percentage of English learners reclassified as fluent English proficient, the number and percentage of English learners who are or are at risk of being classified as long-term English learners, the achievement of English learners on standards-based tests in core curricular areas, and a comparison of current data with data from at least the previous year. The County Superintendent or designee also shall provide the County Board with regular reports from any English learner advisory committees. cf: SP/AR 6174 Legal Reference: Education Code ; ; 33050; ; 48985; ; ; ; ; ; ; ; ; Code of Regulations, Title ; United States Code, Title ; 6312; ;

216 Board Policies BP/SP 6174 Instruction Court Decisions: Valeria G. v. Wilson, (2002) 307 F.3d 1036 California Teachers Association v. State Board of Education et al., (9th Circuit, 2001) 271 F.3d 1141 McLaughlin v. State Board of Education, (1999) 75 Cal.App.4th 196 Teresa P. et al v. Berkeley Unified School District et al, (1989) 724 F.Supp. 698 Attorney General Opinions 83 Ops.Cal.Atty.Gen. 40 (2000) Adopted: June 11, 2003 (Adopted as Rule 109.5); May 1, 2014 (Replaced BP 6177) July 1, 2010; May 1,

217 Board Policies BP 6178 Instruction BP 6178 Vocational Education The Board desires to provide a quality, expanded and modernized vocational and technical education program which provides services and activities that are of sufficient size, scope and quality to be effective. The goal of the program is to provide for an integration of academic and vocational components through a coherent sequence of courses to ensure learning in all subjects. The program shall also provide curriculum and program strategies reflecting workplace needs. The County s program shall provide linkages between secondary and postsecondary vocational and technical education, including the implementation of tech-prep programs. Students shall also be given a strong experience and understanding of all aspects of an industry. The County Superintendent or designee shall expand the use of technology in the County s vocational programs. He/she shall also provide professional development programs to teachers, counselors and administrators designed to provide effective practices to improve parental and community involvement and to ensure that teachers stay current with an industry. cf. BP 3600(a), 5030(a), 5119(a), , 9320(a), 9321(a) Legal Reference: Education Code section 48430, Adopted: August 2,

218 Board Policies BP 6178(a) Instruction BP 6178(a) Community Schools Community schools shall be established as needed and shall be administered as provided in these Rules and Education Code sections The Board recognizes that the local school districts have first priority and responsibility for educating students who are eligible for community school enrollment. The Superintendent shall periodically recommend development of new or replacement community school programs or termination of community school programs and where feasible shall present such recommendations to the Curriculum and Instruction Standing Committee action. At least once every 3 years the Board will evaluate the community school program and shall determine whether to maintain or modify the existing community school programs. The Superintendent shall consider at least the following criteria in bringing such recommendations to the Board: fiscal considerations, program quality, school district/community needs, and sufficient enrollment. Legal Reference: Education Code sections Adopted: March 6, 2003 (Adopted as Rule ) December 12, 2009 Effective: January 1, 2010 Enrollment Enrollment of students shall include, but not be limited to those who qualify under the criteria set forth in Education Code section Legal Reference: Education Code section 1981 Adopted: (Adopted as Rule ) December 12, 2009 Effective: January 1,

219 Board Policies BP 6178(a) Instruction County Community Schools Administration of Community Schools County community schools shall be administered by the County Superintendent of Schools. Legal Reference: Education Code section 1982 Adopted: (Adopted as Rule ) December 12, 2009 Effective: January 1, 2010 Course of Study The Superintendent shall recommend to the Board a course of study for community school students that aligns with the school district of attendance and meets all state standards relating to high school graduation and diploma requirements. Significant changes to the course of study shall be reported to the Board for review as they occur. Legal Reference: Education Code section 1983 Adopted: (Adopted as Rule ) December 12, 2009 Effective: January 1, 2010 Housing The County Superintendent has the responsibility to administer and operate public schools for the education of students eligible for community schools in the County of Sonoma. In keeping with that obligation the County Superintendent shall locate and recommend to the Board appropriate Community School program sites. Where feasible the recommendation shall be presented to the standing committee on Business and Administration before the matter is submitted to the Board for approval. Prior to recommending a site the Superintendent or designee shall consult with and report to the Board on identified issues from neighbors, appropriate public agencies, and others who have legitimate interests in the location of a community school. Legal Reference: Education Code section 1986 Adopted: (Adopted as Rule ) 214

220 Board Policies BP 6178(a) Instruction County Juvenile Court Schools Administration of County Juvenile Court Schools The Sonoma County Juvenile Court Schools shall be administered by the Sonoma County Superintendent of Schools pursuant to applicable provisions of the Education Code, these rules, and general policy direction of the County Board of Education. Legal Reference: Education Code section Adopted: June 11, 2003 (Adopted as Rule ) December 12, 2009 Effective: January 1, 2010 Course of Study Significant changes to the course of study shall be reported to the Board for review as they occur and thereafter shall be kept on file at the County Office of Education and available for public inspection. The course of study shall comply with statewide curriculum requirements set forth in Education Code sections , except that foreign languages need not be offered. Legal Reference: Education Code sections 51040, Adopted: (Adopted as Rule ) December 12, 2009 Effective: January 1, 2010 Evaluation of Program On a biannual basis the Board shall evaluate the instructional program and make such revisions as it deems necessary. Such evaluation will include the effectiveness of inservice training. Legal Reference: Education Code section Adopted: (Adopted as Rule ) Student Calendar On an annual basis the Board shall approve the student calendar, which shall specify school holidays and non-instructional days set aside for inservice training of staff. Legal Reference: Education Code section Adopted: (Adopted as Rule ) 215

221 Board Policies BP 6178(a) Instruction Approval of Facility Plans The Superintendent shall submit to the Board for approval on a timely basis all plans for construction or reconstruction of juvenile court classrooms, offices, or any other school structures in any juvenile hall or other facility. It is the policy of the Sonoma County Board of Education that the funds for all school facilities located at juvenile courts or halls or other facilities related to Juvenile Court programs shall be obtained from the County of Sonoma, or other sources to the maximum extent possible. Legal Reference: Education Code section Adopted: (Adopted as Rule ) Regional Occupational Program A. The Board will operate a Regional Occupational Program for the secondary schools of Sonoma County. This Board will continue to do so until this Board resolves otherwise. B. The planning and maintenance of ROP programs should give priority consideration to students between the ages of 16 and 18 who are currently enrolled in schools within Sonoma County. Legal Reference: Education Code sections et seq. Adopted: (Adopted as Rule ) June 11, 2003 Job Market Study Before developing any new program the Superintendent or designee shall develop a job market study and shall present the study to the Board for approval. The study shall be developed as prescribed by Education Code section Legal Reference: Education Code section Adopted: (Adopted as Rule ) Review of All Courses A. At lease every two years, the Superintendent or designee shall submit to the Board for review every course or program to assure that each course or program does all of the following: 1. Meets a documented labor market demand. 216

222 Board Policies BP 6178(a) Instruction 2. Does not represent unnecessary duplication of other manpower training programs in the area. 3. Is of demonstrated effectiveness as measured by the employment and completion success of its students. The indices and methods of measurement will be developed in consultation with the Superintendents Council and the Board. B. It is the intent of the Board that any course or program that does not meet the requirements set forth above shall be terminated within one year. C. The review process required by this section shall include the review and comments by the local Workforce Investment Board established pursuant to Division 8 (commencing with Section 15000) of the Unemployment Insurance Code, which review and comments shall occur prior to any decision by the Board. D. It is understood that the Superintendent or designee will consult with the affected school districts before submitting a program or course to the Board. E. That all courses have published performance standards related to both the industry and high school graduation requirements. Legal Reference: Education Code section Adopted: (Adopted as Rule ) December 12, 2009 Effective: January 1, 2010 Program Requirements A regional occupational program shall: A. Provide individual counseling and guidance in vocational education. B. Provide a curriculum which includes skill training in occupational fields having current and future needs for the training. C. Provide an opportunity for students to acquire entry level career technical skills which may lead to a combination work-study schedule. D. Provide for the upgrading of the career technical skills of students and for retraining where necessary. E. Maintain a pupil-teacher ratio which will enable students to achieve optimum benefits from the instructional program. F. Assign the highest priority in services to youth from the age of 16 to 18 years, inclusive. G. ROP courses are a hands-on way to learn math, science, organization, and writing skills that will allow them to progress in other abstract conceptual high school courses. Legal Reference: Education. Code Adopted: (Adopted as Rule ) 217

223 Board Policies BP 6178(a) Instruction Participation by Students in Grades 11 and 12 The Superintendent or designee shall submit to the Board on an annual basis a report that assesses the participation of pupils in grades 11 and 12 in ROP programs. The Board shall determine whether financial reasons allow the annual plan to be amended to increase the participation of these pupils unless it determines that there are no additional pupils enrolled in the district who would benefit from this participation. Legal Reference: Education Code section Adopted: (Adopted as Rule ) Annual Report on Revenues Any proceeds from business activities operated by any ROP program shall be reported to the Board as part of the annual report. Legal Reference: Education Code section Adopted: (Adopted as Rule ) Facilities The Superintendent or designee shall ensure that safety is a primary consideration in the selection of facilities that otherwise comply with the conditions set forth in Education Code section Legal Reference: Education Code section Adopted: (Adopted as Rule ) Curriculum The Board shall, by resolution, certify the curriculum of all ROP programs as provided by Education Code sections Legal Reference: Education Code section Adopted: (Adopted as Rule ) Student Transportation In selecting sites for ROP programs the Superintendent or designee shall evaluate whether the site can be served by convenient and safe public and private transportation. 218

224 Board Policies BP 6178(a) Instruction Legal Reference: Education Code section Adopted: (Adopted as Rule ) Appropriation of Funds All ROP funds received by the Sonoma County Superintendent of Schools shall be appropriated by the Board before they may be expended. Legal Reference: Education Code section Adopted: (Adopted as Rule ) General Administrative Requirements The Superintendent or designee shall ensure that the ROP programs are administered in accordance with those Education Code sections set forth in Section of the Education Code. Legal Reference: Education Code section Adopted: (Adopted as Rule Reservation of Role Making Authority The Board reserves all authority as the governing board of the ROP programs and none of the adopted rules set forth in this chapter shall be construed as a limitation on that authority. Legal Reference: Education Code section Adopted: (Adopted as Rule ) Industry Advisory There shall be an industry advisory for each pathway or vocation. Once established the industry advisory committee shall be tasked to provide job specific standards and performance certificates. Legal Reference: Education Code section Adopted: (Adopted as Rule ) 219

225 Board Policies BP (a) Instruction BP (a) Work Permits The Board recognizes that part-time jobs can give students needed supplementary income, valuable work experience, and enhanced self-esteem. However, the Board also believes that outside employment should not interfere with students educational progress nor impair their health. In accordance with law, students must obtain work permits from school authorities before accepting employment. The Superintendent or designee shall issue work permits only as allowed by law and only to the extent that outside employment does not significantly interfere with the student s schoolwork. Students granted work permits must demonstrate and maintain satisfactory grades. Students 16 or 17 years of age shall be granted approval to work more than 20 hours a week only when justified by unusual circumstances which shall be stated on the work permit. Legal Reference: Education Code sections et seq., 49160; 5 California Code of Regulations ; Labor Code 1285 et seq., Adopted: (Adopted as Rule 109.7) c.f. BP a 220

226 Board Policies BP 6300(a) Instruction BP 6300(a) Approval of Establishment of Children s Centers by County Superintendent The County Superintendent of Schools, with the approval of the County Board of Education, shall have the authority to establish and maintain children s centers in the same manner and to the same extent as governing boards of school districts. Legal Reference: Education Code section 8360 Adopted: (Adopted as Rule ) BP 6400 (a) Annual Review of Criteria Regarding Opening, Reducing, Consolidation or Closing Instructional Programs or Classes In the event that a children s center is established, the County Superintendent shall create administrative regulations addressing criteria and standards regarding the enrollment and other related issues to be utilized in opening, reducing, consolidating or closing instructional programs or classes. The six (6) criteria and standards in effect shall be: 1. Regional service; 2. Expanded or reduced interests from school districts; 3. Sufficient student enrollment; 4. Federal and state mandates; 5. SCOE and local Board input; 6. Financial viability including housing and land use planning. On an annual basis the Board shall review the administrative regulations adopted by the Superintendent. The decision to open or close programs shall be made continuously in light of the information being received as appropriate. The Board shall be informed as data are available about any changes staff feels are in order for program offerings. When possible, staff will make a recommendation to the Board prior to closure (or any major change). If immediate action is necessary to address a closure (or any major change) staff will take appropriate action, and report back to the Board at the earliest opportunity. Legal Reference: Education Code section 8200 et seq. Adopted: (Adopted as Rule ) December 6, 2007; July 1,

227 Sonoma County Board of Education Board Policies Series 7000 Facilities 222

228 Board Policies BP 7131(a) Facilities BP 7131(a) Facility Mitigation The Superintendent or designee is authorized to negotiate appropriate financial mitigation provisions with any one or more district(s) in which the County Office of Education intends to acquire facilities for programs that will primarily serve students of that district or districts. Legal Reference: Education Code sections 1240 et seq., et seq. Adopted: (Adopted as Rule ) 223

229 Board Policies BP 7310 Facilities BP 7310 Naming of Facility Purpose It is the intent of the Board to name the County Office of Education schools and buildings in a manner that evokes pride in students, parents/guardians, employees and the community. Personal prejudice or favoritism, political pressure and current fashion shall not influence the selection process. As a matter of principle, the naming of a school or building should be the result of an open and participatory process. Naming Schools/Buildings 1 1. The Superintendent will discuss the naming of the school/buildings with the Board. 2. Should the Superintendent and the Board agree that the school/building needs a name, the Superintendent and the Board will formulate a process for naming the school/building which will possibly include: a) A recommended list of up to five (5) possible names for consideration b) The Superintendent may solicit input from a citizen s advisory committee when making the recommendation to the Board. Naming Categories Authorized The Board may name schools or buildings in recognition of: Historical or geographical landmarks or local regions. Individuals, living or deceased, who have made outstanding contributions to the County Office of Education and/or community. Individuals, living or deceased, who have made contributions of state, national or worldwide significance. Optional Advisory Committee Should the Superintendent wish to solicit input from a citizen s advisory committee, the committee may include the following individuals: 2 students who attend a County school or program 1 Includes the re-naming of schools and buildings 224

230 Board Policies BP 7310 Facilities 1 teacher from a County school or program 1 classified representative 1 administrator from a County school or program 2 community representatives Memorials Upon request, the Board shall consider naming buildings or parts of buildings in honor of the contributions of students, staff members and community members who have been deceased for at least one year. Legal Reference: Education Code Adopted: September 2, 2010 Effective Date: January 1,

231 Sonoma County Board of Education Board Policies Series 9000 Board Bylaws 226

232 Board Policies BB 9000(a) Role of the Board BB 9000(a) Source of Power The People of the State The people of the State of California, by the adoption of the Constitution of the State of California, created boards of education in each county and granted them duties and powers. Legal Reference: Section 7 of Article 9 of California Constitution Adopted: (Adopted as Rule 101.1) Duties and Powers Defined Generally Power is an authorization permitting the Board to act on specified matters. Duty is a mandate to act in a specified manner on a particular matter. Legal Reference: Education Code sections 1040, 1041, 1042; Black s Law Dictionary 8 th Edition (1999) Adopted: (Adopted as Rule 102.1) Constitutional Powers Article 9, Section 7 of the State s Constitution creates County Boards of Education. Legal Reference: Article 9, Section 7, California Constitution Adopted: (Adopted as Rule 102.2) Annual Review of Superintendent s Salary The Board shall review the Superintendent s salary on an annual basis. Legal Reference: Section 3.1 of Article 9 of California Constitution Adopted: January 7, 2004 (Adopted as Rule 45.7) c.f. BP 2121(a) 227

233 Board Policies BB 9000(a) Statutory Powers Role of the Board Statutory powers are powers granted by the people to the Legislature and by which the Legislature makes laws defining the duties and powers of the County Board of Education, the County Superintendent of Schools and school district governing boards. Education Code Section permits the County Board of Education to initiate and carry on any program or activity and to otherwise act in any manner which is not in conflict with or inconsistent with or preempted by any law and which is not in conflict with the purposes for which county boards of education are established. Legal Reference: Education Code section Adopted: (Adopted as Rule 102.3) Regulative Duties and Powers State Board of Education Regulative duties and powers are those duties and powers of the Board which may be promulgated by the State Board of Education in the form of regulations as contained in Title 5 of the Code of Administrative Regulations. Legal Reference: Title 5 of CCR Adopted: (Adopted as Rule 102.4) Regulative County Board of Supervisors Those duties and powers which, by ordinance or resolution of the County Board of Supervisors, may be granted to the Board are also Regulative powers and duties, provided, however, that in the case of duties and powers under Section 1043 and 1080 of the Education Code transferred by the County Board of Supervisors to the County Board of Education, such duties and powers become statutory duties and powers. Legal Reference: Education Code section 1043, 1080 Adopted: (Adopted as Rule 102.5) Enforcement Functions Enforcement functions are those duties and powers which require the Board to enforce any statutory requirement. Legal Reference: Education Code sections 1040 et seq., 1080 et seq., 35010, 35160, Adopted: (Adopted as Rule 102.6) 228

234 Board Policies BB 9000(a) Role of the Board Initiatory Functions Initiatory functions are duties and powers which require or permit the Board to initiate action or establish programs or services. Legal Reference: Education Code sections 1040 et seq., 1080 et seq., 35010, Adopted: (Adopted as Rule 102.7) Approval Functions Approval functions are those duties and powers which require or permit the Board to give its approval as a condition of further action on the part of the Superintendent, the officers, employees, governing board members, and the like. Legal Reference: Education Code sections 1040 et seq., 1080 et seq., 35010, Adopted: (Adopted as Rule 102.8) Adjudicative Functions Adjudicative functions are those duties and powers which permit or require the Board to hold hearings on specified matters, judge the facts, and render an appropriate decision. Legal Reference: Education Code sections 1040 et seq., 1080 et seq., Adopted: (Adopted as Rule 102.9) Review Functions Review functions are those duties and powers which permit or require the Board to review specified requests and proposals as a condition of further action. Legal Reference: Education Code sections 1040 et seq., 1080 et seq., Adopted: (Adopted as Rule ) 229

235 Board Policies BB 9000(a) Role of the Board Duty and Power Regarding Own Government Adopt Rules The Board shall adopt rules, not inconsistent with the laws of this State, for its own government. Legal Reference: Education Code section 1040 Adopted: (Adopted as Rule 103.1) Establishment of the Sonoma County Board of Education Elected Lay Board of Education There is and shall be in the County of Sonoma, State of California, an elected lay county board of education. Legal Reference: CA Constitution Article IX, Sections 3.3, 7, Education Code, Title 1, Div. 1, Part 2, Chap. 1 Adopted: (Adopted as Rule 20.1) Number of Members Five Members The Sonoma County Board of Education shall consist of five (5) members. Legal Reference: Education Code section 1000 Adopted: (Adopted as Rule 21.1) Eligibility and Qualifications for Holding Office Eligibility Any registered voter is eligible to be a member of the county board of education except the county superintendent of schools or any member of his or her staff, or any employee of a school district that is within the jurisdiction of the Sonoma County Board of Education. Legal Reference: Education Code section 1006 Adopted: (Adopted as Rule 22.1) 230

236 Board Policies BB 9000(a) Role of the Board Resident of Trustee Area A Board member or candidate for such position shall be a legal resident and elector of the trustee area which he represents or seeks to represent, and shall be elected by the electors of the trustee area. Legal Reference: Education Code section 1000 Adopted: (Adopted as Rule 22.2) Dual Membership Prohibited No qualified elector, who is a member of the governing board of a school district, shall serve simultaneously as a member of the County Board of Education and of the governing board of the school district. Legal Reference: Government Code sections 1125 et seq.; 68 Ops. Cal.Atty.Gen 337 Adopted: (Adopted as Rule 22.3) Trustee Areas Criteria for Establishment of Trustee Areas The boundaries of the trustee areas shall conform to the one-man-one-vote decisions of the United States Supreme Court and the California Supreme Court requiring similar areas electing representatives to a common governing body to be as equal in population as possible and shall conform as nearly as practicable to the criteria set forth in Section 1002 of the Education Code. Legal Reference: Education Code section 1002 Adopted: (Adopted as Rule 24.4) Five Current Trustee Areas The five trustee areas shall correspond to the Sonoma County Board of Supervisor districts. A legal description of the trustee areas are on file in the Sonoma County Office of Education. Legal Reference: Education Code section 1002 Adopted: (Adopted as Rule 23.1) January 9,

237 Board Policies BB 9000(a) Role of the Board Annual Meeting of School Trustees The County Superintendent of Schools may, with the approval of the County Board of Education, hold one trustees meeting in each year as follows: A. One school trustee of each school district of the county shall attend the meeting and participate in its proceedings but more than one trustee of any district may attend if the board of trustees of that district so directs. B. School trustees of each school district shall select the trustee or trustees who shall attend the meeting. C. Each trustee selected to attend the meeting shall be allowed his actual traveling expenses for not to exceed one day incurred in going to and returning from the meeting. The expenses shall be verified by the County Superintendent of Schools. D. The County Superintendent shall notify each trustee of the county at least ten (10) days prior to calling of the trustees meeting of the time and place of the meeting. E. Each session of the trustees meeting may be called at any hour on the day specified and may continue for such time as those meeting see fit. F. The County Superintendent shall draw his requisition on the county auditor who shall draw his warrant on the county school service fund to pay the expenses of holding the trustees meeting. Legal Reference: Education Code section 1271 Adopted: (Adopted as Rule104.15) 232

238 Board Policies BB 9000(a) Role of the Board Change of Trustee Areas May Request County Committee The County Board of Education may request that the boundaries of any or all of the trustee areas be changed by the Sonoma County Committee on School District Organization, in accordance with the provisions of Section 1002 of the Education Code. Legal Reference: Education Code section 1002 Adopted: (Adopted as Rule 24.1) Fixing Trustee Area Boundaries The boundaries of trustee areas shall be fixed insofar as possible to coincide with the boundaries of school districts. Legal Reference: Education Code section 1002 Adopted: (Adopted as Rule 24.2) Changes Affecting Members The boundaries of any trustee area shall not at any time be changed so as to affect the term of office of any member of the Board who has been elected and whose term of office has not expired Legal Reference: Education Code section 1005) Adopted: (Adopted as Rule 24.3) Emergency Schools A. The Board shall approve for provision by County Superintendent of Schools for elementary education for children of migratory laborers by establishing and maintaining emergency schools, providing emergency schools, providing emergency teachers in regular elementary schools, and/or providing for transportation or in-lieu-of transportation payments, and approve the payment of the expenses of providing all the facilities and services. B. Approve the insurance of all real and personal property constructed, purchased or otherwise provided for the emergency schools. 233

239 Board Policies BB 9000(a) Role of the Board C. Approve the transfer or sale of the real or personal property of any emergency school to any elementary school district or other political subdivision of the state within which the school is located. Legal Reference: (Education Code sections ) Adopted: (Adopted as Rule104.13) 234

240 Board Policies BB 9001 Role of the Board BB 9001 Disclosure of Confidential/Privileged Information The Governing Board recognizes the importance of maintaining the confidentiality of information acquired as part of a Board member s official duties. Confidential/privileged information shall be released only to the extent authorized by law. A Board member shall not disclose confidential information acquired during a closed session to a person not entitled to receive such information, unless a majority of the Board has authorized its disclosure. Confidential information means a communication made in a closed session that is specifically related to the basis for the Board to meet lawfully in closed session. The Board shall not take any action against any person for disclosing confidential information, nor shall the disclosure be considered a violation of the law or Board policy, when the person is: 1. Making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts necessary to establish the illegality or potential illegality of a Board action that has been the subject of deliberation during a closed session. 2. Expressing an opinion concerning the propriety or legality of Board action in closed session, including disclosure of the nature and extent of the illegal or potentially illegal action. 3. Disclosing information that is not confidential. Legal Reference: Government Code section et seq. Adopted: October 4,

241 Board Policies BB 9005(a) Role of the Board BB 9005(a) Governance The primary responsibility of the Sonoma County Board of Education is to act in the best interests of every student in every school or program operated by the County Office of Education. The members of the County Board of Education have a duty to represent students, constituents, and the educational community. The County Board also has major commitments to parents/guardian, all members of the community, employees, the State of California, laws pertaining to public education, and established Rules of the County Board of Education. To maximize County Board effectiveness and public confidence in its governance, County Board members are expected to govern responsibly, and hold themselves to the highest standards of ethical conduct, and provide stewardship of public resources. County Board members are expected to work with each other and with the County Superintendent of Schools to foster student success through service to students, school and the community. Each individual County Board member shall: 1. Focus on learning and achievement for all students. 2. Value, support and advocate for public education. 3. Recognize and respect differences of perspective and style on the County Board and among staff, students, parents/guardians and the community. 4. Act with dignity, and understand the implications of demeanor and behavior. 5. Respect confidentiality. 6. Participate in professional development and commit the time and energy necessary to be an informed and effective leader. 7. Understand that authority rests with the County Board as a whole and not with individual County Board members. 8. Endeavor to understand the distinctions between County Board and County Superintendent responsibilities, and staff roles. Refrain from performing management functions that are the responsibility of the County Superintendent and staff. 236

242 Board Policies BB 9005(a) Role of the Board The County Board shall endeavor to foster a positive organizational culture that promotes the following standards: 1. Focus on student learning and achievement 2. Support and encourage County Office services to local school districts, the community and regional educational consortiums 3. Work in partnership with the County Superintendent of Schools 4. Communicate a common vision 5. Operate openly, with trust and integrity 6. Govern in a dignified and professional manner, treating everyone with civility and respect 7. Govern within County Board adopted Rules and Procedures 8. Take collective responsibility for the County Board s performance 9. Periodically evaluate the effectiveness of the County Board of Education based upon the annually adopted goals and objectives 10. Ensure opportunities for the diverse range of views and encourage community interest and participation in subjects within the Board s jurisdiction. Ethics Each individual County Board member is expected to adhere to the following principles: 1. Equity in attitude a. To be fair, just, and impartial in all decisions and actions. b. To accord others the respect we wish for ourselves. c. To encourage expressions of different opinions and listen with an open mind to others ideas. 2. Trustworthiness in stewardship d. To be accountable to the public by representing Board and Superintendent policies, programs, priorities and progress accurately. 237

243 Board Policies BB 9005(a) Role of the Board e. To be responsive to the community by seeking its involvement in appropriate Board affairs and by communicating its priorities and concerns. f. To work to ensure prudent and accountable use of Board and Superintendent resources. g. To make no personal promise or take private action that may compromise performance of responsibilities. 3. Honor in Conduct h. To tell the truth i. To share views while working for consensus j. To respect the majority decision as the decision of the Board k. To base decisions on law, rules, and fact rather than supposition, opinion, or public favor 4. Integrity of character l. To refuse to surrender judgment to any individual or group at the expense of the Board as a whole m. To consistently uphold all applicable laws, rules, policies, and governance procedures. n. To keep confidential information that is privileged by law or that will needlessly harm the Board or Superintendent if disclosed. 5. Commitment to service o. To focus attention on fulfilling the Board s responsibilities of goal setting, policy making and program evaluation. p. To diligently prepare for and attend Board meetings. q. To avoid personal involvement in activities the law or the Board has delegated to the Superintendent. 238

244 Board Policies BB 9005(a) Role of the Board r. To seek continuing education that will enhance the ability to fulfill duties effectively. 6. Student-centered focus s. To be continuously guided by what is best for all students of the County. cf. BP 9311 Legal Reference: Education Code sections 35010, Adopted: January 9, 2003 (Adopted as Rule 9.6) June 3, 2004; May 5, 2011 Effective: July 1,

245 Board Policies BB 9100(a) Role of the Board BB 9100(a) Annual Meeting Organization/Annual Election of Officers The Board shall hold annual election of officers each year at the first regular meeting after the last Friday in November. Legal Reference: Education Code section 1009 Adopted: (Adopted as Rule 62.1) Annual Election of Officers Officers of the Board The officers of the Board shall be a President, Vice President, and Clerk of the Board-Executive Officer. Legal Reference: Education Code section 1007,35020 et seq., Adopted: (Adopted as Rule 41.1) Officers to be Elected A President and Vice President shall be elected. (See also BB 9121(a) and (a)). Legal Reference: Education Code section 1009,35020 et seq., Adopted: (Adopted as Rule 63.1) Retiring President Shall Preside The outgoing President of the Board, if still a member, shall call the meeting to order and conduct the election of officers. Legal Reference: Robert s Rules of Order Adopted: (Adopted as Rule 63.2) 240

246 Board Policies BB 9100(a) Role of the Board When Vice President Shall Preside If the outgoing President of the Board is no longer a member, the Vice President shall preside. Legal Reference: Robert s Rules of Order Adopted: (Adopted as Rule 63.3) When Clerk of the Board Shall Preside If neither the President nor the Vice President is any longer a member, the Clerk of the Board shall preside. Legal Reference: Robert s Rules of Order Adopted: (Adopted as Rule 63.4) Selection of President Pro-Tem In case neither the President, Vice President, nor the Clerk of the Board is present, the members of the Board shall select a president pro-tem to conduct the election of the officers. Legal Reference: Robert s Rules of Order Adopted: (Adopted as Rule 63.5) Majority Vote The annual election of officers shall require the vote of at least a majority of the total membership of the Board. Legal Reference: Education Code section 35164, Robert s Rules of Order Adopted: (Adopted as Rule 63.6) 241

247 Board Policies BB 9121(a) Role of the Board BB 9121(a) The President of the Board Election of President The Board shall organize annually by electing one of its members President of the Board. Preside at Meetings The President shall preside at all meetings of the Board, enforce the adopted rules of order, and appoint all committees with the approval of the Board. As presiding officer, the President shall: Call the meeting to order at the appointed time. Announce the business to come before the Board in its proper order. Enforce Board policy relating to the order of business and the conduct of meetings. Recognize persons who desire to speak, and protect the speaker who has the floor from disturbance or interference. Explain what the effect of a motion would be if it is not clear to every member. Restrict discussion to the question when a motion is before the Board. Put motions to a vote, stating definitely and clearly the vote and result thereof. Make required disclosures before and after closed sessions of the Board. The President shall have all the rights of any member of the Board, including the right to move, second, discuss, and vote on any and all questions before the Board. Consultation with the County Superintendent The President shall consult with the County Superintendent on agendas of the Board. The President shall confer with the County Superintendent on crucial matters which may occur between Board meetings. Sign Documents The President shall sign all papers and documents as required or authorized by action of the Board. The President may delegate such actions to the County Superintendent, ex-officio secretary to the Board. Call Meetings The President shall be authorized, and have the duty, to call special meetings, as provided in these Rules. 242

248 Board Policies BB 9121(a) Role of the Board Term The term of the President shall be one year. No board member may serve as President for more than two (2) consecutive years. Spokesperson for Board The President may respond on behalf of the Board to questions from members of the public, including the press, on those matters on which the Board has previously taken action. On all other matters the President should explain that he/she is speaking only as an individual member of the Board. Board Committees The President shall be an ex-officio member of the Board committees. Legal Reference: Education Code section 1009, 35022; Robert s Rules of Order; Government Code section et seq. Adopted: (Adopted as Rules 42.1, 42.2, 42.3, 42.4, 42.5, 42.6 ) August 5, 2010 Effective Date: January 1, 2011 c.f. BP 1220, 5117, 5119 and BB 9100, 9130, 9223, 9320,

249 Board Policies BB (a) Role of the Board BB (a) Election of Vice President At the annual organizational meeting the Board shall also elect one of its members to act as Vice President. Legal Reference: Education Code section 1007 Adopted: (Adopted as Rule 43.1) Duty to Preside It shall be the duty of the Vice President, in the absence of the President, to preside at the meetings of the Board, and act in place of the President. Legal Reference: Robert s Rules of Order Adopted: (Adopted as Rule 43.2) Transfer of Duties All duties required of the President by statutes or authorized by these rules shall be transferred to the Vice President in the absence or incapacity of the President. Legal Reference: Robert s Rules of Order Adopted: (Adopted as Rule 43.3) Term The term of the Vice President shall be one year. No board member may serve as Vice President for more than two (2) consecutive years. Legal Reference: Education Code section 1007 Adopted: (Adopted as Rule 43.4) 244

250 Board Policies BB 9122(a) Role of the Board BB 9122(a) The Superintendent The Sonoma County Superintendent of Schools is Clerk of the Board and Executive Officer of the Board. Legal Reference: Education Code section 1010 Adopted: (Adopted as Rule 45.1) Attendance at Meetings The Superintendent shall attend all open meetings of the Board and be granted the privilege of taking part in its deliberations. The Superintendent may attend such closed sessions as is appropriate. Legal Reference: Education Code section 1042 Adopted: (Adopted as Rule 45.2) Duties As Clerk of the Board-Executive Officer the Superintendent shall prepare an agenda in consultation with the Board President, record the actions, maintain official minutes, report on the condition of the schools, recommend action and enforce the rules of the Board and carry out the actions adopted by the Board. In such capacity, the Superintendent, or designee, shall maintain all adopted County Board of Education policies and adopted revisions, including dates. Legal Reference: Education Code section 1240 Adopted: (Adopted as Rule 45.3) January 8, 2009 Ex Officio Secretary The duties as secretary shall be prescribed elsewhere in these Rules. Legal Reference: Education Code sections 1010, Adopted: (Adopted as Rule 124.1) 245

251 Board Policies BB 9122(a) Executive Officer Role of the Board As executive officer of the Board the Superintendent shall be the professional adviser to the Board in the formulation of policies for the county school program, and as the executor of the policies adopted by the Board and shall guide and support the Board on compliance with the statutes, regulations and policies. Legal Reference: Education Code section 1010 Adopted: (Adopted as Rule 124.2) Informing the Board and Public The Superintendent shall keep the Board and the public informed on the status of the school districts educational programs in Sonoma County and make such recommendations for change and improvements as he or she believes desirable for the welfare of the county educational program. Legal Reference: Education Code section 1260 Adopted: (Adopted as Rule 124.3) Educational Developments The Superintendent shall inform the County Board of Education on educational developments that relate to the policies of the Board. Legal Reference: Education Code section 1010 Adopted: (Adopted as Rule 124.4) Administer the School Program The Superintendent shall administer the county school program efficiently and honestly. Legal Reference: Education Code section 1010 Adopted: (Adopted as Rule 124.5) Employment of Staff The Superintendent shall employ a professional staff to assist in carrying out Board policies, and give professional leadership in the constant upgrading of his/her staff. 246

252 Board Policies BB 9122(a) Role of the Board Board approval shall be required for those employment matters set forth in the Education Code. Legal Reference: AB 857 Adopted: (Adopted as Rule 124.6) Presentation of Matters The Superintendent shall prepare and present to the Board for its approval all matters required or permitted by statutes, or where in the discretion of the Superintendent, the approval of the Board is necessary or appropriate. Legal Reference: Education Code section 1010 Adopted: (Adopted as Rule 124.7) Annual Report The Superintendent may prepare an annual report of the state of the schools in Sonoma County for the County Board of Education. Legal Reference: Education Code section 1240 Adopted: (Adopted as Rule 124.8) Increase of Salary, Remuneration, Benefits, or Pension of a County Superintendent of Schools The County Superintendent of Schools shall not increase his or her salary, financial remuneration, benefits, or pension in any manner or for any reason without bringing the matter to the attention of the County Board of Education for its discussion at a regularly scheduled public meeting of the Board and without the approval of the County Board of Education. Legal Reference: Education Code section 1209 Adopted: January 7, 2004 (Adopted as Rule 45.6) No Right of Voting The Secretary shall not have the privilege of voting on matters before the Board. Legal Reference: Robert s Rules of Order, Article X, Section 59 Adopted: (Adopted as Rule 45.5) 247

253 Board Policies BB 9122(b) Role of the Board BB 9122(b) Vacancy in Office of Superintendent In the event of a vacancy in the office of Superintendent the Board shall exercise its authority to fill the vacancy as authorized by Education Code Section 1042(e) and Board Rule Legal Reference: Education Code section 1042 Adopted: (Adopted as Rule 45.5) Vacancy in Office of Superintendent A. The Board shall fill by appointment any vacancy that occurs during the term of office of the County Superintendent of Schools. The appointment shall be made in public session at a duly noticed special or regular meeting. The appointee shall hold office until the office is filled by election at the next gubernatorial election. (See also Rule 45.5) B. During any interim period between the occurrence of a vacancy in the office of the county superintendent of schools and the date when the Board appoints a successor, the then designated chief deputy shall continue to perform with the assistance of any other then designated deputies, all of the business, legal, governmental, or educational duties of the office. In no event shall the chief deputy or any other deputy use the title of interim or acting superintendent unless specifically authorized to do so by the Board. Legal Reference: Education Code section 1042; Government Code sections 24000, Adopted: June 3, 1993 (Adopted as Rule ) 248

254 Board Policies BB (a) Role of the Board BB (a) President Pro Tempore Secretary Presides to Elect In the absence of both the President and Vice President from any meeting of the Board, the Secretary shall preside for the purpose of electing a President Pro-Tem. Legal Reference: Education Code section 1007, 1009, 1010, Adopted: (Adopted as Rule 44.1) Election of President Pro-Tem The members of the Board present shall, by a majority vote, elect a President Pro-Tem. Legal Reference: Education Code section 1007, Adopted: (Adopted as Rule 44.2) Duties It shall be the duty of the President Pro-Tem to preside over the meeting and conduct the business of the Board in accordance with these rules. Legal Reference: Education Code section 1009, Robert s Rules of Order Article X, Section 58 Adopted: (Adopted as Rule 44.3) 249

255 Board Policies BB 9130 Role of the Board BB 9130 Standing Committees Right to Appoint The President may, with the approval of the Board, appoint standing committees consisting of two Board members and such non-voting staff members as may be nominated by the Superintendent. The President or his or her designee may designate a Board member to serve as an alternate committee member to serve as a temporary replacement committee member whenever a meeting time of a standing committee has been established, pursuant to BB 9220(a), and the alternate committee member is informed that a committee member will be unable to attend the meeting. Such temporary replacement shall serve as a standing committee member on an interim basis, not to exceed the period of time the regular committee member is absent or unable to attend meetings of the committee. Of the five Board members, two Board members shall serve on two standing committees each. One Board member shall serve on one standing committee and as the Board representative to the School and College Legal Services of California Joint Powers Agency. One Board member shall serve on one standing committee and as the primary alternate committee member for the other two standing committees. The President shall serve as the secondary alternate committee member for all standing committees. Legal Reference: Education Code sections 35010, 35024, 35160; Government Code et seq.; Robert s Rules of Order Article IX, Section 52 Adopted: (Adopted as Rule 48.1) September 1, 1994; November 6, 2014 Board Member of the SCLS of California JPA The President, with the approval of the Board, shall determine the Board representative and alternate to the School and College Legal Services of California Joint Powers Agency. Legal Reference: SCLS JPA Adopted: June 7, 2007 Term The term of an appointment to a standing committee shall be one year. Such appointments may be continued for additional one-year terms at the discretion of the Board. Legal Reference: Education Code sections 35010, 35160; Robert s Rules of Order Article IX, Section 52 Adopted: (Adopted as Rule 48.2) March 4,

256 Board Policies BB 9130 Role of the Board Appointment of Committee Chair Each standing committee shall annually appoint a member as the Committee Chair. If the Committee Chair position becomes vacant prior to the end of the term, the standing committee shall appoint a temporary Committee Chair for the remainder of the term. The President reserves the authority to name a Committee Chair, notwithstanding the above. Legal References: Education Code sections 35010, 35160; Government Code et seq. Adopted: July 1, 2010 Meetings of Standing Committees Frequency of Meetings Meetings of Standing Committees shall be held as needed to meet the needs of the Board. Legal Reference: Education Code sections 35010, 35160; Government Code et seq. Adopted: (Adopted as Rule 67.1) Time and Place Meetings of Standing Committees shall be held in the office of County Superintendent of Schools located at 5340 Skylane Boulevard, unless specifically announced for some other location. The day of the week and time of day shall be determined by the members of the Committee. Legal Reference: Education Code sections 35010, 35160; Government Code et seq. Adopted: (Adopted as Rule 67.2) Maintenance of Applicable Policies Each standing committee shall be responsible to maintain and review the County Board Policies that relate to subject jurisdiction of the committee on a periodic basis. The committees shall determine the timeframe in which the policies will be reviewed and updated. When a standing committee is drafting or revising a policy, the committee shall consider the need for legal advice and shall request such assistance if necessary. Legal Reference: Education Code sections 1040, 1042 Adopted: January 8, 2009 July 1, 2010 Amended: 251

257 Board Policies BB 9130 Role of the Board Agendas and Minutes The staff member appointed to each standing committee shall work with the committee to ensure proper maintenance of the agendas and minutes. Committee meeting agendas and minutes shall be retained in accordance with state law and Board policies. Legal Reference: Education Code sections 1040, 1042; Title 5 of the California Code of Regulations sections et seq. Adopted: November 4, 2010 Effective Date: January 1, 2011 c.f Reports Standing Committees shall report their activities and recommendations to the Board at a regular or special meeting. Legal Reference: Education Code sections 1040, 1042; Robert s Rules of Order Article IX, Section 52 Adopted: (Adopted as Rule 67.3) Business and Personnel Services Standing Committee There shall be a Standing Committee on Business and Personnel Services concerned with County Office of Education budgets as determined under BP 3100 (a), the annual audit, including serving as an audit committee, and with contracts related to activities or programs under the jurisdiction of the County Board of Education. This committee shall also be concerned with the following: 1. Annually reviewing and setting the Superintendent s total compensation. 2. Together with the Superintendent establish the process for selection and annually thereafter jointly setting the salary of any attorney employed directly to serve as on staff legal counsel. 3. Reviewing such program budgets as are assigned to it pursuant to BP 3100 (a). 4. Recommending to the Board the nomination of individuals to serve on the Sonoma County Board of Education Personnel Commission. Legal Reference: Education Code sections 1040, 1042, 35010, Adopted: (Adopted as Rule 48.3) October 13, 1997 Amended: 252

258 Board Policies BB 9130 Role of the Board Instructional Services and Community Partnerships Standing Committee There shall be a Standing Committee on Instructional Services and Community Partnerships, which shall be concerned with: 1. The operation, review and evaluation of juvenile court schools and community schools, ROP, and the review/evaluation of vocational courses for these programs and any related agreements; 2. The adoption of learning resource materials which support instructional programs and the use of technology in county office programs, in local school districts, and other educational agencies on a regional basis; 3. The review of agreements for the provisions of services to local school districts in the following areas: curriculum development, library/media services, inservice training as appropriate under existing law, supervision of instruction, pupil personnel services and health services; 4. The review of such program budgets as are assigned to it pursuant to BP 3100 (a); and other items that fall under the general rubric of Instructional Services and are consistent with state law. 5. The promotion of community partnerships to support and enhance public education services and programs. Legal Reference: Education Code sections 1040, 1042, 35010, Adopted: (Adopted as Rule 48.6) October 7, 2005; January 8, 2009 Amended: Governance and Policy Standing Committee There shall be a Standing Committee on Governance and Policies. The Committee shall be concerned with developing and recommending to the Board policies and procedures with respect to the Board s own governance and with respect to the administration of the Office of the Sonoma County Superintendent of Schools. This committee shall also be concerned with the development and review of County Board goals and issues related to its governance structure and operational issues of the County Board. Proposed revisions to Board policies shall go before the applicable Standing Committee for review before they are reviewed by the Governance and Policy Committee. The Governance and Policy Committee will after due consideration place all non-substantive changes that are being recommended onto the Board agenda as a consent item. All substantive policy changes will be individually placed on the County Board agenda for individual action by the County Board. 253

259 Board Policies BB 9130 Role of the Board Discretion as to whether a policy revision is considered substantive shall be left to the consensus of the Policies and Procedures Committee. Legal Reference: Education Code sections 1040, 1042 Adopted: (Adopted as Rule 48.7) June 29, 2000; June 25, 2009 Policy Protocol The Governance and Policy Committee has primary responsibility for developing and recommending to the Board policies and procedures with respect to the Board s own governance. There are four ways a new board policy may originate and be presented to the Board: 1. From a board standing committee; 2. From an individual Board member; 3. From the County Superintendent or designee; 4. From Legal Counsel. All proposed policies must be channeled through the Governance and Policy Committee prior to being presented to the full Board. Legal Reference: Education Code sections 1040, 1042 Adopted: April 6, 2006 (Adopted as Rule 3.3) Community Advisory Committees The President, with the approval of the Board may appoint community advisory committees to study and make recommendations to the Board on any matter within the jurisdiction of a county board of education. Legal Reference: Education Code sections 1040, 1042, 35010, 35160; Government Code Adopted: (Adopted as Rule 49.5) Frequency of Meetings Meetings of Community Advisory Committees shall be held as determined by the Chair of the Committee, except that the President of the Board may direct the Committee to meet on or before a specified date. 254

260 Board Policies BB 9130 Role of the Board Legal Reference: Education Code sections 1040, 1042, 35010, 35160; Government Code et seq. Adopted: (Adopted as Rule 68.1) Time and Place Meetings of a Community Advisory Committees shall be held at such times and at such places as may be specified in the call for the meetings by the Chair of the Committee. Legal Reference: Education Code sections 1040, 1042, 35010, 35160; Government Code et seq. Adopted: (Adopted as Rule 68.2) Reports Community Advisory Committees shall report their activities and/or recommendations to the Board at a regular meeting or special meetings as appropriate. Legal Reference: Education Code sections 1040, 1042, Robert s Rules of Order, Article IX, Section 52 Adopted: (Adopted as Rule 68.3) Ad Hoc Committees Right to Appoint The President, with the approval of the Board, may appoint ad hoc committees to investigate and report on assigned issues. Legal Reference: Education Code sections 1040, 1042, 35010, Adopted: (Adopted as Rule 49.1) Term Members appointed to ad hoc committees shall serve until discharged by the Board. Legal Reference: Education Code sections 1040, 1042, Adopted: (Adopted as Rule 49.2) 255

261 Membership Board Policies BB 9130 Role of the Board Ad hoc committees may consist of one to three Board members, as may be determined by the Board. Whenever a meeting time of an ad hoc committee has been established, pursuant to BP 9130, and the President is informed that an appointed committee member will be unable to attend the meeting, the President or his or her designee may designate a Board member as a temporary replacement. Such temporary replacement shall serve as an ad hoc committee member on an interim basis, not to exceed the period of time the regular committee member is absent or unable to attend meetings of the committee. Legal Reference: Education Code sections 1040, 1042; Government Code Adopted: (Adopted as Rule 49.3) September 1, 1994 Superintendent The Superintendent, or designee, shall serve as the secretary of all standing, ad hoc or community advisory committees. Legal Reference: Education Code section 1010 Adopted: (Adopted as Rule 50.1) 256

262 Board Policies BB 9220(a) Role of the Board BB 9220(a) Election of Members Time and Manner of Election Members of the Board shall be elected on the date and in the same manner prescribed for election of governing board members of school districts. Elections shall be held biennially on the first Tuesday after the first Monday in November, in even numbered years. Legal Reference: Education Code section 1007 Adopted: (Adopted as Rule 25.1) County Clerk Conducts Election Pursuant to EC 5303, the election shall be conducted by the County Clerk. The prorata share of the costs of the election shall be a charge against the funds of the Board. Legal Reference: Education Code section 5303 Adopted: (Adopted as Rule 25.2) October 7, 1993 Filing Declaration of Candidacy In any governing board election the name of any registered voter shall be placed on the ballot if there is filed with the County Clerk having jurisdiction not more than 113 days nor less than 88 days prior to the election a declaration of candidacy containing the appropriate information and signed by the registered voter whose name is thereby to be placed on the ballot. No candidate whose declaration of candidacy has been filed for any school district or community college district governing board election or county board of education election may withdraw as a candidate after the 88 th day prior to election. Notwithstanding any other provision of law, no person shall file nomination papers for more than one district office, including a county board of education office at the same election. Legal Reference: Education Code section 5012 Adopted: (Adopted as Rule 25.3) October 7, 1993 Extension If Incumbent Doesn t File Notwithstanding the provisions of BB 9200(a) above, if nomination papers for an incumbent elective member of a county board of education are not filed by 5 o clock p.m. on the 88 th day 257

263 Board Policies BB 9220(a) Role of the Board before the election, the voters shall have until 5 o clock p.m. on the 83 rd day before an election to nominate candidates other than the incumbent for such elective office. Legal Reference: Education Code section Adopted: (Adopted as Rule 25.4) Amended October 7, 1993 Form of Ballot The form of ballot for board member elections shall be governed by the provisions of Section et seq. of the Elections Code. Legal Reference: Education Code section 5013; Elections Code section et seq. Adopted: (Adopted as Rule 25.5) October 7, 1993 Election of Candidate The Candidate receiving the highest number of votes shall be elected, as provided in EC Legal Reference: Education Code sections 5014, Adopted: (Adopted as Rule 25.6) October 7, 1993 Certificates of Election The Sonoma County Clerk shall certify to the County Board of Education the names of those elected, and shall issue certificates of election to the persons elected. Legal Reference: Elections Code section et seq. Adopted: (Adopted as Rule 25.7) Regular Term The regular term of office shall be four (4) years and until successors are qualified. Members will take office the last Friday of November following their election. Regular terms will be staggered in accordance with applicable law. Legal Reference: Education Code section 1007 Adopted: (Adopted as Rule 26.1) 258

264 Board Policies BB 9223(a) Role of the Board BB 9223 (a) Vacancies on the Board Occurrence of Events or Conditions A vacancy on the Board occurs on the happening of any of the following events or conditions before the expiration of the term: 1. The death of a Board Member. 2. The adjudication pursuant to a quo warranto proceeding declaring that a Board Member is physically or mentally incapacitated due to disease, illness, or accident and that there is reasonable cause to believe that the incumbent will not be able to perform the duties of his/her office for the remainder of his/her term. 3. A Board Member's resignation. 4. A Board Member's removal from office, including by recall. 5. A Board Member's ceasing to be a resident of the state or trustee area which he/she represents on the County Board. 6. A Board Member's absence from the state for more than 60 days, except in the following situations: a. Upon business of the Board with the approval of the Board b. With the consent of the Board for an additional period not to exceed a total absence of 90 days In the case of illness or other urgent necessity, and upon a proper showing thereof, the time limited for absence from the state may be extended by the Board for an additional period not to exceed 30 days. c. For federal military deployment, not to exceed an absence of a total of six months, as a member of the armed forces of the United States or the California National Guard. If the absence of the Board Member for this purpose exceeds six months, the Board may approve an additional six-month absence upon a showing that there is a reasonable expectation that the member will return within the second six-month period, and the Board may appoint an interim member to serve in his/her absence. If two or more members of the Board are absent by reason of these circumstances, and those absences result in the inability to establish a quorum at a regular meeting, the Board may immediately appoint one or more interim members as necessary to enable the Board to conduct business and discharge its responsibilities. The term of an interim member 259

265 Board Policies BB 9223(a) Role of the Board appointed in these circumstances shall not extend beyond the return of the absent Board member or beyond the next regularly scheduled election for that office, whichever occurs first. 7. A Board Member's ceasing to discharge the duties of his/her office for the period of three consecutive months, except when prevented by illness or when absent from the state with the permission required by law. 8. A Board Member's conviction of a felony or any offense involving a violation of his/her official duties. 9. A Board Member's refusal or neglect to file his/her required oath or bond within the time prescribed. 10. The decision of a competent tribunal declaring void a Board Member's election or appointment. 11. The making of an order vacating a Board Member's office or declaring the office vacant when the Board Member fails to furnish an additional or supplemental bond. 12. A Board Member's commitment to a hospital or sanitarium as a drug addict, dipsomaniac, inebriate, or stimulant addict by a court of competent jurisdiction, in which case the office shall not be deemed vacant until the order of commitment has become final. 13. A "failure to elect" in which no candidate or an insufficient number of candidates have filed to run for a Board seat(s). Meeting Attendance Board Members are expected to make every effort to attend all meetings. If a member is unable to attend a meeting or fulfill his/her duties, he/she shall notify the Board President, or the Vice President in the case the member is the President. If a Board Member has not discharged his or her duties for three consecutive months or is absent from the state for more than 60 days, without the permission required by law, or is unable to continue his/her duties, the Board President, or the Vice President in the case the member is the President, shall determine whether a replacement is warranted. If they believe a replacement is warranted, the Board must file a quo warranto action with the California Office of the Attorney General to request that the Board Member be removed from office. For purposes of this section, the term meeting shall include both County Board meetings and Standing Committee meetings. Legal Reference: Government Code section 1064; 1770; Elections Code section 11384; Education Code section 5090, 5326, 5328 Adopted: (Adopted as Rule 27.1) 260

266 Board Policies BB 9223(a) Role of the Board Resignation A vacancy resulting from a resignation occurs when the written resignation is filed with the office of the County Superintendent of Schools. For purposes of this rule, filing occurs when the document is actually received on a working day by the office of the County Superintendent. Legal Reference: Education Code sections 1008, 5090 Adopted: (Adopted as Rule 27.2) Timelines for Filing a Vacancy When a vacancy occurs, the Board shall take the following action, as appropriate: 1. When a vacancy occurs less than four months before the end of a Board Member's term, the Board shall take no action. 2. When a vacancy occurs four or more months before the end of a Board Member's term, the Board shall, within 60 days of the date of the vacancy or the filing of the member's deferred resignation, either order an election or make a provisional appointment, unless a special election is mandated as described below. 3. When a vacancy occurs from six months to 130 days before a regularly scheduled Board election at which the position is not scheduled to be filled, a special election to fill the position shall be consolidated with the regular election. The person so elected shall take office at the first regularly scheduled Board meeting following the certification of the election and shall serve only until the end of the term of the position which he/she was elected to fill. Provisional Appointments When the special election described above is not required, the Board may make a provisional appointment. In order to draw from the largest possible number of candidates, the Board shall advertise in the local media to solicit candidate applications or nominations. A committee consisting of less than a quorum of the Board shall ensure that applicants are eligible for Board membership and announce the names of the eligible candidates. The Board shall interview the candidates at a public meeting, accept oral or written public input, and select the provisional appointee by a majority vote. Within 10 days after the appointment is made, the Board shall post notices of the actual vacancy, or the filing of a deferred resignation, and the provisional appointment. The notice shall be published in the local newspaper pursuant to Government Code 6061 and posted in at least three public places within the county. 261

267 Board Policies BB 9223(a) Role of the Board The notice shall contain: 1. The date of the occurrence of the vacancy or the date of the filing of, and the effective date of, the resignation 2. The full name of the appointee 3. The date of appointment 4. A statement notifying the voters that unless a petition calling for a special election pursuant to Education Code 5091 is filed in the office of the County Superintendent of Schools within 30 days of the provisional appointment, it shall become an effective appointment. The person appointed shall hold office until the next regularly scheduled election for County Board Members and shall be afforded all the powers and duties of a Board Member upon appointment. Legal Reference: Education Code section 1008; 5090 et seq. Adopted: (Adopted as Rule 27.3) School District Governing Board Vacancies When a vacancy occurs on a school district governing board, the remaining members of the board shall follow the provisions of E.C If vacancies should occur in a majority of the offices on any school district board, the president of the County Board of Education shall appoint members of the County Board of Education to the school district governing board until new members of the governing board are elected or appointed. The President shall appoint a sufficient number to constitute a quorum of the district board and may appoint additional members to provide for a full district board. Legal Reference: Education Code sections 5090 et seq., 5094, 5095 Adopted: (Adopted as Rule105.1) 262

268 Board Policies BB 9224(a) Role of the Board BB 9224 (a) Oath of Office This affirmation must be subscribed before the County Superintendent of Schools or one of his authorized deputies, the County Clerk or his authorized deputy or a Notary Public. Before a person elected or appointed enters on the duties of his office he shall take and subscribe the oath or affirmation set forth in Section 3 of Article XX of the Constitution of California, as prescribed in the Government Code and as follows: ORIGINAL For County Clerk To be returned by appointee to County Superintendent of Schools OATH OF OFFICE STATE OF CALIFORNIA ) ) ss. COUNTY OF SONOMA ) I,, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; and I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Taken and subscribed before me this of, 20 (Signature of Person Administering Oath) (Title) Signature Legal Reference: California Constitution Article 20, Section 3; Government Code 1360 Adopted: (Adopted as Rule 25.8) 263

269 Board Policies BB 9230(a) Role of the Board BB 9230(a) Record of Proceedings The Board shall keep a record of its proceedings. Legal Reference: Education Code section 1040 Adopted: (Adopted as Rule 103.2) Adopt Seal for Authentication of Acts The Board may and does hereby adopt for its use the following illustrated official seal for the authentication of its acts. Legal Reference: Education Code section 1041 Adopted: (Adopted as Rule 103.3) October 7, 1993 Printing The Board may have such printing done as may be deemed necessary. Legal Reference: Education Code section 1041 Adopted: (Adopted as Rule 103.4) October 7,

270 Board Policies BB 9231 Role of the Board BB 9231 Board Candidate Orientation The Government Board desires to provide Board candidates with orientation that will enable them to understand the responsibilities of Board membership. The Superintendent or designee shall provide all candidates with general information about school programs, county operations, and Board responsibilities. The Board encourages all candidates to attend public Board meetings during the period of their candidacy. Candidates have the same access as members of the public to county staff and information. The Board and the Superintendent or designee shall help each new member-elect to understand county operations and the Board s functions, policies and procedures as soon after election as possible. Incoming members shall be given a copy of the Brown Act and informed that they must conform to its requirements as if they had already assumed office; incoming members shall also receive the county office s policy manual and other materials related to the school system and Board member responsibilities. The Superintendent shall be responsible for providing this information to Board members. Legal Reference: Government Code sections Adopted: October 4,

271 Board Policies BB 9240 Role of the Board BP 9240 Professional Development Board members, like staff members, need professional development. As part of their role, Board members need to participate in professional development activities that help them understand their responsibilities, stay abreast of new developments in education, and learn new ways to cope effectively with the problems they confront. Such activities include regional, state, and national workshops, conferences, conventions, and seminars such as those offered by the National School Boards Association, California School Boards Association and the California Department of Education. Board members are urged to share upcoming professional development opportunities with the other members of the Board. Board members may report to the Board on the professional development activities they attend. Legal References: Education Code section 1081, 1095, 1096 Adopted: August 5, 2010 Effective: January 1, 2011 c.f. BB

272 Board Policies BB 9250 (a) Role of the Board BB 9250 (a) Compensation of Members for Meetings Under the provisions of Education Code sections 1090 and 1093 each member of the County Board of Education who actually attends all board meetings held in a month shall receive as compensation the sum of $ Effective December 2006 this statutory amount, pursuant to the last paragraph of this bylaw, was increased by 5% to $ In the event the Board holds more than one meeting per month, Board members shall receive as compensation in that month an amount determined by dividing the number of meetings actually held into $315.00, multiplied by the number of meetings actually attended. However, compensation for the July regular Board meeting which is usually held in June shall not be considered a second meeting for June which would be subject to the referenced calculation. A member of the Board may be credited with attendance for any meeting of the Board for which he or she is absent if the Board finds by resolution duly adopted and included within its minutes that at the time of the meeting he or she was performing services outside the meeting on behalf of the board, he or she was ill or on jury duty, or the absence was due to a hardship deemed acceptable by the Board. On an annual basis, at its organizational meeting, the county board of education may increase the compensation of individual board members beyond the limits delineated in this section, in an amount not to exceed five percent (5%) based on the present monthly rate of compensation. Any increase made pursuant to this section shall be effective upon approval by the county board of education. This action may be rejected by a majority of the voters in that county voting in a referendum established for that purpose, as prescribed by Chapter 3 (commencing with Section 17200) of Part 2 of Division 17 of the Elections Code. Legal Reference: Education Code sections 1090, 1093, Elections Code sections et al. Adopted: (Adopted as Rule 87.1) September 2, 1999; December 7, 2006; October 4, 2007 Compensation of the Secretary The Secretary may be allowed the sum of $10 per day for the actual time the Board is in session. Legal Reference: Education Code section 1092 Adopted: (Adopted as Rule 87.2) 267

273 Board Policies BB 9250(a) Role of the Board Claims for Compensation Claims for compensation shall be presented to the Board by the Superintendent on forms provided by the Superintendent, signed by the claimant and introduced by a motion, receive due second, and receive a majority vote of the Board before being approved for payment. Legal Reference: Education Code sections 1040, 1240 Adopted: (Adopted as Rule 87.3) I. Health Benefits for Active Board Members Members of the Board of Education who elect to participate and their eligible dependents, shall be entitled to participate in the group medical, dental, vision, and life insurance plans that are available to the management employees of the Office of Education. For Board members who began their service prior to January 1, 1995, these benefits will be at no expense to the Board Member or eligible dependents. Effective January 1, 2011, for Board members whose service began January 1, 1995, or later, the County Office s contribution towards the premium costs for such benefits shall be in accordance with state and federal law and the same as the most generous contribution provided to a County Office employee group. All benefits provided under this policy shall be coordinated with Medicare, if applicable, or other insurance plans if available to the Board Member or dependent. II. SCOE Contribution for Continuation of Health Benefits for Retired Board Members As used in this provision, the term retired refers to a Board member who leaves the County Board for any reason after 12 or more years of service. A Board member must have a minimum of twelve (12) years of service to SCOE as a Board member to receive any contribution from SCOE for the cost of retiree benefit premiums. The insurance benefits provided in any given year under this policy shall be limited to those benefits available during that year to management employees of the Office of Education so long as the carriers of the management insurance policies permit such coverage to be made available to retired board members under the same terms as such coverage is available to management employees. All benefits provided under this policy shall be coordinated with Medicare, if applicable, or other insurance plans if available to the Board member or dependent. A. Board members Elected Before July 1, 1989 This section shall apply only to Board Members whose service on the Board began before July 1, 1989 and who served after June 30, At age 65 these benefits are to be coordinated with Medicare and the coverage provided through a supplement plan to Medicare. 268

274 Board Policies BB 9250(a) Role of the Board A Board Member, elected before July 1, 1989, who completes 12 years of service, but less than 20 years of service shall be entitled to continue in those insurance programs in which he/she is participating at the time of retirement from the Board, including life insurance. These benefits will be at no expense to the Board Member. Spouses or dependents of a retired member may continue to receive the benefits at no expense to the office. A Board Member who retires from the Board after completing 20 or more years of service shall be entitled along with one dependent to continue in those insurance programs, including life insurance, in which they are participating at the time of retirement from the Board. These benefits will be at no expense to the Board Member or dependent. A Board member completing at least one full term, but less than 12 years may continue to participate in these programs at no expense to the Office of Education. B. Board members Elected on or after July 1, 1989, but before January 1, This section shall apply only to Board Members who first became members of the Board after July 1, 1989 and before January 1, At age 65 these benefits are to be coordinated with Medicare and the coverage provided through a supplement plan to Medicare. A Board Member, who retires from the Board after completing 12 or more years of service, but less than 20, shall be entitled to continue in those insurance programs, other than life insurance, in which he/she is participating at the time of retirement from the Board. These benefits will be at no expense to the Board Member. Spouses or dependents of a retired member may continue to receive the benefits at no expense to the County Office. (Adopted 12/5/91) A Board Member who retires from the Board after completing 20 or more years of service shall be entitled along with one dependent to continue in those insurance programs, other than life insurance, in which they are participating at the time of retirement from the Board. These benefits will be at no expense to the Board Member or dependent. III. Benefits for Board Members, Elected as of January 1, 1995 or later: This section shall apply only to Board Members who first became members of the Board after December 31, 1994, and who leave the Board for any reason: At age 65 these benefits are to be coordinated with Medicare and the coverage provided through a supplement plan to Medicare. A Board Member, who leaves the Board after completing four or more years of service, shall be entitled to continue in those insurance programs, other than life 269

275 Board Policies BB 9250(a) Role of the Board insurance, in which he/she is participating at the time his/her service ends. These benefits shall be at no expense to the County Office. Spouses or dependents of a former Board member, who are enrolled when the Board member s service ends, may continue to receive the benefits until the death of the former Board member at no expense to the County Office. Legal Reference: Government Code sections 53200, 53201, , Adopted: June 25, 1986 (Adopted as Rules 87.4 & 87.5); December 5, 1991 (Adopted as Rule 87.6) December 5, 1991, January 6, 2011, January 1, 2012 Reimbursement of Expenses of Board Members Mileage The Board shall pay from the County School Service Fund mileage to each member of the County Board of Education who uses a privately owned automobile in the performance of his official duties at the same rate allowed a County official in the performance of his official duties. Legal Reference: Education Code section 1091 Adopted: (Adopted as Rule 88.1) For Performance of Other Duties The Board shall reimburse the members of the Board for incidental expenses incurred while performing services for said Board as members of committees or delegates to authorized meetings or conventions when directed by the President or the membership at large. Such incidental expenses shall include stationery, printing, telephone calls, postage, mileage, bridge tolls, parking lot fees, meals and lodgings. Legal Reference: Education Code section 1094 Adopted: (Adopted as Rule 88.3) Claims for Reimbursement All claims for reimbursement of authorized expenses of Board Members shall be presented to the Superintendent on forms provided by the Superintendent and signed by the claimant. The Superintendent shall approve the claims and they shall be paid. These expenses will be periodically reviewed by a Board Committee. Legal Reference: Education Code section 1240 Adopted: (Adopted as Rule 88.4) 270

276 Board Policies BB 9250(a) Role of the Board Membership in Association Authorization The Board may subscribe for membership in, or otherwise become a member of any State or local organization of governing boards of school districts or members thereof, or of county boards of education or members thereof, or any other school-related organization which has for its primary purpose the promotion and advancement of public education through research and investigation and the cooperation with persons and associations, whose interests and purposes are the betterment of the educational opportunities of the children of the State. Costs incurred for this purpose shall be paid out of the County School Service Fund. Legal Reference: Education Code section 1095 Adopted: (Adopted as Rule 89.1) October 7, 1993 Sonoma County School Trustees Association The Board shall annually subscribe for a membership in the Sonoma County School Trustees Association. Legal Reference: Education Code section 1095 Adopted: (Adopted as Rule 89.2) Revised Statewide Board Association The Board shall annually subscribe to membership in the California County Boards of Education Association and the California School Boards Association. Legal Reference: Education Code section 1095 Adopted: (Adopted as Rule 89.3) 271

277 Board Policies BB 9260 Role of the Board BB 9260 Liability Insurance The Governing Board shall provide insurance necessary to protect Board members while acting within the scope of their office, employment or within the scope of Board responsibilities in accordance with Education Code 35208, Government Code section 820.9, and as provided by 20 USC Legal Reference: 20 United States Code 6736, Education Code sections ; 35208; 35214; Government Code sections 815.3; ; 825.6; ; ; ; U.S. Title ; Caldwell v. Montoya 10 Cal. 4 th 972 (1995) Date Adopted: January 10,

278 Board Policies BB 9270 Role of the Board BB 9270 Conflict Of Interest Incompatible Activities Governing Board members shall not engage in any employment or activity which is inconsistent with, incompatible with, in conflict with or inimical to the Board member's duties as an officer of the Board. Conflict of Interest Code The Board s conflict of interest code shall be comprised of the terms of 2CCR and any amendments to it adopted by the Fair Political Practices Commission. Board members are subject to Fair Political Practices Commission rules and regulations and shall comply with disclosure requirements and any related prohibitions. Board members will file a yearly statement of economic interests, as required by law. Even if there is no prohibited or remote interest, a Board member shall abstain from voting on personnel matters that uniquely affect a relative of the Board member. A Board member may vote, however, on collective bargaining agreements and personnel matters that affect a class of employees to which the relative belongs. Financial Interest Board members shall not invest in, or hold any investment which directly or indirectly creates a conflict with the performance of her/his duties as a Board member. Board members shall not be financially interested in any contract made by the Board or in any contract they make in their capacity as Board members. Prohibition from Voting/Financial Interest If a Board member determines that he/she has a financial interest in a decision, as described in Government Code 87103, this determination shall be disclosed. The affected Board member shall not vote or debate on the matter or attempt to influence any other Board member. The member shall be disqualified from voting unless his/her participation is legally required. Board members shall not be financially interested in any contract made by the Board or in any contract they make in their capacity as Board members, as set forth in Government Code section A Board member may enter into a contract if the rule of necessity or legally required participation applies as defined in Government Code section Gifts Board members may accept gifts only under the conditions and limitations permitted by law. 273

279 Board Policies BB 9270 Role of the Board The limitations on gifts do not apply to wedding gifts and gifts exchanged between individuals on birthdays, holidays and other similar occasions, provided that the gifts exchanged are not substantially disproportionate in value. Travel provided by the Board for Board members is not considered a gift. Honoraria Board members shall not accept any honorarium, which is defined as any payment made in consideration for any speech given, article published, or attendance at any public or private gathering, in accordance with law. The term honorarium does not include earned income for personal services customarily provided in connection with a bona fide business, trade or profession unless otherwise provided by law. c.f. BB 9000 (a) Eligibility and Qualifications for Holding Office Dual Membership Prohibited BB 9323 (a) Recording of Abstentions. Legal Reference: Education Code 1006; Gov t. Code ; ; ; 82011; 82019; 82028; 82030; ; ; ; 87500; ; ; CCR Title ; Thorpe v. Long Beach Community College District, (2000) 83 Cal.App.4th. 655 Kunec v. Brea Redevelopment Agency, (1997) 55 Cal.App.4th 511 ATTORNEY GENERAL OPINIONS 86 Ops.Cal.Atty.Gen. 138(2003) 85 Ops.Cal.Atty.Gen. 60 (2002) 82 Ops.Cal.Atty.Gen. 83 (1999) 81 Ops.Cal.Atty.Gen. 327 (1998) 80 Ops.Cal.Atty.Gen. 320 (1997) 69 Ops.Cal.Atty.Gen. 255 (1986) 68 Ops.Cal.Atty.Gen. 171 (1985) 65 Ops.Cal.Atty.Gen. 606 (1982) Adopted: January 10,

280 Board Policies BB 9311(a) Role of the Board BB 9311(a) Board Policies Amendment Any rule of the Board may be adopted, repealed, or amended, providing such action is consistent with the Statutes and Constitution of the State of California. Legal Reference: Education Code sections 1040, 1042 Adopted: (Adopted as Rule 6.1) Introduction of Proposed Amendments A proposed adoption, repeal, or amendment shall be introduced in accordance with BB Legal Reference: Education Code sections 1011, 1040, 1042 Adopted: (Adopted as Rule 6.2) May 7, 2009 Voting on Proposal The adoption, repeal, or amendment shall be voted upon at the next regular meeting of the Board. An affirmative vote of at least a majority of the total membership of the Board is required to incorporate any proposed amendment into these rules. Lacking a majority vote, the amendment must be reintroduced at a later regular meeting. cf. BB 9005(a), 9130 Legal Reference: Education Code sections 1011, 1013, 1015, 1040, 1042, Adopted: (Adopted as Rule 6.3) 275

281 Board Policies BB 9312(a) Role of the Board BB 9312(a) Establishment, Construction and Adoption The Board shall adopt rules and regulations not inconsistent with the laws of this State for its own governance. Legal Reference: Education Code section 1040 Adopted: (Adopted as Rule 3.1) May 9, 2009 The Title Contents of Rules The duly adopted policies, operating procedures, and programs shall be and are hereby entitled "Rules and Regulations of the Sonoma County Board of Education. (All references herein to "the Board" mean the Sonoma County Board of Education.) Legal Reference: Education Code section 1040 Adopted: (Adopted as Rule 1.1) Functions of Rules and Regulations in Relation to the Constitution and the Education Code of the State of California The Board intends that these Rules and Regulations shall be extensions of the Constitution and laws of the State of California together with direct references to such Constitution or laws when deemed beneficial. The Board reminds all readers that it is not intended that these Rules and Regulations be in any sense a recapitulation of the laws. Reference must be made to the Constitution, the Education Code, and other codes and regulations for the complete body of law governing the Board and the Office of County Superintendent of Schools. Legal Reference: Education Code section 1040 Adopted: (Adopted as Rule 1.2) Effective Date of Rules Date Operative These Rules shall be and are hereby declared to be in full force and effect as of thirty (30) days from the time of their adoption by the County Board. The Rules shall be posted on the Sonoma County Office of Education Web site with the corresponding effective dates pursuant to Board Policy 2110(a). 276

282 Board Policies BB 9312(a) Role of the Board Legal Reference: Education Code 1040 Adopted: (Adopted as Rule 2.1) June 26, 2009; June 6, 2013 Filing of Copies At least one copy of the duly adopted policies and rules shall be placed on file in the office of the County Superintendent of Schools and open and available to inspection by the public. All policies and rules shall be maintained in accordance with Board Policy 2110(a). Legal Reference: Education Code section Adopted: (Adopted as Rule 2.2) June 26, 2009 Distribution of Additional Copies A copy of the Rules shall be made available to each of the governing boards of the several school districts under the jurisdiction of the County Superintendent of Schools. Legal Reference: Education Code sections 1040, 1042, Adopted: (Adopted as Rule 2.3) June 26, 2009 Authority to Adopt Rules and Regulations For Governing the Administration of the Office of County Superintendent of Schools The Board may adopt rules governing the administration of the Office of the County Superintendent of Schools. Legal Reference: Education Code section 1042 Adopted: (Adopted as Rule 3.2) Validation of Rules Validity If any rule, subdivision, paragraph, sentence, clause, or phrase of these rules is for any reason held to be illegal or unconstitutional, such decision shall not affect the validity of the remaining portion of these rules. 277

283 Board Policies BB 9312(a) Role of the Board Legal Reference: Education Code section 1040 Adopted: (Adopted as Rule 4.1) Repeal of Previously Adopted Rules All rules previously adopted or parts thereof in conflict herewith, or inconsistent herewith, are hereby repealed to the extent of such conflict or inconsistency. Legal Reference: Education Code section 1040 Adopted: (Adopted as Rule 5.1) Repeal of Any Rule In the event that a new policy or amended policy is adopted and some portion is in conflict with a pre-existing policy, then the existing policy shall be deemed to be repealed only to the extent of the conflict. Legal Reference: Education Code sections 1011, 1013, 1015, 1040, 1042 Adopted: (Adopted as Rule 5.2) May 7, 2009 Definitions Section Section is a subdivision of a chapter and contains a collection of rules, all pertaining to that subdivision. Legal Reference: Education Code section 71; Black s Law Dictionary (2004) Adopted: (Adopted as Rule 8.1) Rule Rule is the statement of an operating procedure, policy, or program of the Sonoma County Board of Education. Legal Reference: Black s Law Dictionary (2004) Adopted: (Adopted as Rule 8.2) 278

284 Board Policies BB 9312(a) Role of the Board Board Board means the Sonoma County Board of Education. Legal Reference: Education Code sections 78, 1000 Adopted: (Adopted as Rule 8.3) Superintendent Superintendent means the Sonoma County Superintendent of Schools. Legal Reference: Education Code sections 1200 et seq. Adopted: (Adopted as Rule 8.4) Secretary Secretary means the Sonoma County Superintendent of Schools. Legal Reference: Education Code section 1010 Adopted: (Adopted as Rule 8.5) Executive Officer Executive Officer means the Sonoma County Superintendent of Schools. Legal Reference: Education Code section 1010 Adopted: (Adopted as Rule 8.6) State Department State Department means the State Department of Education. Legal Reference: Education Code section 89 Adopted: (Adopted as Rule 8.7) State Superintendent State Superintendent means the State Superintendent of Public Instruction. Legal Reference: Education Code section et seq. 279

285 Board Policies BB 9312(a) Role of the Board Adopted: (Adopted as Rule 8.8) Any School District Any School District means School and Charter School Districts of every kind and class in the County under the jurisdiction of the County Superintendent of Schools. Legal Reference: Education Code section 80 Adopted: (Adopted as Rule 8.9) Classified Employees Classified employees shall not include substitutes and short-term employees and any other position that is excluded by law from classified service.. Legal Reference: Education Code section Adopted: (Adopted as Rule 8.10) May 7, 2009 Certificated Employees Certificated Employees means the professional staff members who are required to hold certification documents as a condition of employment and are serving under approved contracts in authorized positions. Legal Reference: Education Code section Adopted: (Adopted as Rule 8.11) 280

286 Board Policies BB 9314(a) Role of the Board BB 9314(a) Suspension and Waiving of Rules Authority to Suspend or Waive In order to effectively act upon matters that require action, as determined by the Board, the Board may suspend or waive any rule. Legal Reference: Education Code sections 1040, 1042 Adopted: (Adopted as Rule 7.1) Vote Required to Suspend or Waive When appropriately declared, the Board may suspend or waive any rule by the affirmative action of not less than four (4) of its members. Legal Reference: Education Code sections 1011, 1013, 1015, 1040, 1042, Adopted: (Adopted as Rule 7.2) Duration of Suspension or Waiver Any action resulting from the application of this bylaw shall have full force and effect to the extent and for such duration as may be determined by the Board. Legal Reference: Education Code sections 1040, 1042 Adopted: (Adopted as Rule 7.3) June 4, 2009 Validation of Action Any action authorized by this bylaw shall be deemed valid and to comply with applicable rules had they been adopted and in full force at the time of action. Legal Reference: Education Code sections 1040, 1042 Adopted: (Adopted as Rule 7.4) June 4,

287 Board Policies BB 9320(a) Role of the Board BB 9320(a) Open Meeting Law Requirements Application All meetings of the Board shall comply with the pertinent provisions of the Open Meeting Laws found at Government Code Section et seq., the Brown Act. As used herein references to the Board shall include all standing committees of the Board. Legal Reference: Government Code section et seq. Adopted: May 5, 1994 (Adopted as Rule 61.1) Types of Meetings Meetings of the Board shall be annual, regular, special, emergency, closed sessions and standing committee meetings. All meetings, except closed sessions, shall be open to the public under the applicable provisions of the Brown Act. Legal Reference: Education Code sections 1011, 1012, 35144, 35146, 35147, 35149; Government Code et seq. Adopted: (Adopted as Rule 61.2) Committee Meetings The meetings of standing committees of the Board are subject to the Brown Act. Ad hoc advisory committees composed solely of Board members and constituting less than a quorum of the Board shall not be subject to the Brown Act. Legal Reference: Government Code section Adopted: (Adopted as Rule 61.3) Secret Ballot No Board action may be taken by secret ballot whether preliminary or final. The Board, from time to time, may vote by ballot, provided the Board President immediately announces how each member voted and the ballots are maintained as public records. Legal Reference: Government Code section Adopted: (Adopted as Rule 61.4) 282

288 Board Policies BB 9320(a) Role of the Board Recording of Meetings Recording of meetings by the public with an audio or video tape recorder, or a camera is permissible unless the Board reasonably finds that the recording cannot continue because the noise, illumination or obstruction of view constitutes a persistent disruption of the proceedings. Legal Reference: Government Code section Adopted: (Adopted as Rule 61.5) Broadcast of Meetings The Board shall not prohibit or restrict the broadcast of its proceedings in the absence of a reasonable finding that the broadcast cannot be accomplished without noise, illumination, or obstruction of view that would constitute a persistent disruption of the proceedings. Legal Reference: Government Code section Adopted: (Adopted as Rule 61.6) Location of Meetings The regular meeting place shall be at the County Office of Education, 5340 Skylane Boulevard, Santa Rosa, California. The location may be moved as required and as may be announced in the posted notice of the meeting. Any alternative location shall be within Sonoma County except as provided for under the Brown Act. All meeting locations shall be in a facility that is accessible to disabled persons. Legal Reference: Government Code sections 54954, Adopted: (Adopted as Rule 61.7) Board Member Electronic Communications Board members shall exercise caution so as to ensure that electronic communications are not used as a means for the Board to deliberate outside of an agendized Board meeting. A majority of the Board shall not, outside of an authorized meeting, use a series of electronic communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the Board. Individual Board members must refrain from using or other electronic communication to engage in an exchange of information and/or discussion with a majority of the Board on a topic within the jurisdiction of the Board. Information may be sent to all Board members, but responses or comments may not. 283

289 Board Policies BB 9320(a) Role of the Board Examples of permissible electronic communications concerning Board business include, but are not limited to, dissemination of Board meeting agendas and agenda packets, reports of activities from the County Superintendent, and reminders regarding meeting times, dates, and places. Board members shall make every effort to ensure that their electronic communications conform to the same content standards and protocols established for other forms of communication. A Board member may respond, as appropriate, to an electronic communication received from a member of the community and should make clear that his/her response does not necessarily reflect the views of the Board as a whole. Any complaint or request for information should be forwarded to the Board President so that the issue may receive proper consideration and be handled through the appropriate process. Like other writings concerning Board business, a Board member's electronic communication may be subject to disclosure under the California Public Records Act. Legal References: Education Code 35140, 35145, , Government Code et seq. Date November 4, 2010 Effective Date: January 1, 2011 Regular Meetings Statutory Requirement Regular meetings of the Board shall be held at such time as it may determine, but not less than once each month unless otherwise directed by the Board President or Board action. The Board may schedule its regular meeting for July to be held during the month of June Legal Reference: Education Code section 1011 Adopted: (Adopted as Rule 64.1) May 7, 2009 Meeting Day Unless otherwise decided at its annual organizational meeting, the Board shall hold its regular meeting on the first Thursday of each month. Legal Reference: Education Code sections 1011, 35140, 35141, Adopted: (Adopted as Rule 64.2) 284

290 Board Policies BB 9320(a) Role of the Board Hours for Convening, Adjourning, and Reconvening Regular meetings shall convene at 4 o clock in the afternoon, and may recess for dinner at about 6:00 p.m. to a place as announced, reconvene at a time set by Board President and shall adjourn not later than 10:30 p.m. unless otherwise directed by the President. Legal Reference: Education Code sections 1011, Adopted: (Adopted as Rule 64.3) Conduct of Board Members During Any Recess No Board business matters shall be discussed by Board members at any recess. Legal Reference: Government Code section et seq. Adopted: (Adopted as Rule 64.4) Emergency Meetings In the case of an emergency situation for which prompt action is necessary due to the disruption or threatened disruption of public facilities, the Board may hold an emergency meeting without complying with the 24-hour notice and/or 24-hour posting requirement for special meetings. The Board shall comply with all other requirements for special meetings. An emergency situation means either of the following: 1. An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severely impairs public health and/or safety as determined by a majority of the members of the Board. 2. A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist activity, or threatened terrorist act that poses peril so immediate and significant that requiring the board to provide one-hour notice before holding an emergency meeting may endanger the public health and/or safety as determined by a majority of the members of the Board. Except in the case of a dire emergency, the Board president or designee shall give notice of the emergency meeting by telephone at least one hour before the meeting to the local media that have requested notice of special meetings. If telephone services are not functioning, the notice requirement of one hour is waived and, as soon after the meeting as possible, the Board shall notify those media representatives of the meeting and shall describe the purpose of the meeting and any action taken by the Board. In the case of a dire emergency, the Board president or 285

291 Board Policies BB 9320(a) Role of the Board designee shall give such notice at or near the time he/she notifies the other members of the Board about the meeting. The minutes of the meeting, a list of persons the Board president or designee notified or attempted to notify, a copy of the roll call vote, and any actions taken at the meeting shall be posted for at least 10 days in a public place as soon after the meeting as possible. Legal Reference: Government Code section Adopted: October 4, 2007 Emergency Meeting Place If by reason of fire, flood, earthquake, or other emergency, it shall be unsafe to meet in the place designated, the meeting shall be held for the duration of the emergency at such place as may be designated by the President, provided the location is reasonably accessible to members of the Board. Legal Reference: Government Code section Adopted: (Adopted as Rule 64.6) Holidays If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the date established by the Board while in open session. Legal Reference: Government Code sections et seq. Adopted: (Adopted as Rule 64.7) Special Meetings Called by President Special meetings may be called by the President whenever in his/her judgment the exigencies of Board business or of the schools require them to be held. Legal Reference: Education Code section 1012; Government Code Adopted: (Adopted as Rule 65.1) On Request of Members Upon the request of any two members, in writing, the President, Vice President, or Secretary shall call a special meeting. 286

292 Board Policies BB 9320(a) Role of the Board Legal Reference: Education Code section 1012 Adopted: (Adopted as Rule 65.2) Notice of Special Meetings Notice of a special meeting shall be delivered personally or by any other means and shall be received by each member of the Board at least twenty-four hours before the time of such meeting as specified in the notice, and to each local newspaper of general circulation, radio or television stations requesting notice in writing. The call and notice shall specify the time and place of the special meeting and the business to be transacted. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body, a written waiver of notice. Such waiver may be given by telegram or by any other means. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. Legal Reference: Government Code section Adopted: (Adopted as Rule 65.3) Business Permitted At special meetings no business shall be transacted other than such as may be specified in the posted agenda. Certificates to teach and credentials may be renewed at any meeting of the Board providing notice of such action is included on the posted agenda. Legal Reference: Education Code section 1016 Adopted: (Adopted as Rule 65.4) Meeting Place Special meetings shall be held in the Board Meeting Room, as specified for regular meetings, or in such other place as may be announced in the call for the meeting. Legal Reference: Government Code sections 54954, Adopted: (Adopted as Rule 65.5) Attendance of Superintendent and Staff, District Administrators, Governing Board Members, and Parents 287

293 Board Policies BB 9320(a) Role of the Board The Superintendent The Superintendent, as Secretary and Executive Officer shall attend meetings of the Board, except at such times as he/she may be on vacation or attending to such duties as may be prescribed or authorized by the Legislature or this Board. During his/her absence or indisposition the Superintendent or his/her designee shall attend to and perform the assigned duties of the Superintendent. Legal Reference: Education Code sections 1010, 1040, 1042, 1240, Adopted: (Adopted as Rule 69.1) May 9, 2009 c.f. BP 9122 (a) Assistants The Assistant Superintendents, as heads of divisions in the office of the County Superintendent of Schools, and the Directors of Departments within the several divisions, may attend the meetings of the Board on matters pertaining to their assigned duties and responsibilities and under the direction of the Superintendent, staff members shall be available to participate in the Board deliberations. Legal Reference: Education Code sections 1040, 1042, 1240, Adopted: (Adopted as Rule 69.2) Other Staff Depending on subject matter before the Board other staff members may be required to attend meetings of the Board. Legal Reference: Education Code sections 1040, 1042, Adopted: (Adopted as Rule 69.3) c.f. BP 3600, 5030, , 6178 Hearings On matters pertaining to: Expulsion of pupils, in accordance with EC 48914; interdistrict attendance hearing in accordance with EC 46603; and the like, members of governing boards of affected districts and/or parents of pupils involved, shall be requested to attend meetings of the Board when the matter is under consideration. Legal Reference: Education Code section 48914; Adopted: (Adopted as Rule 69.4) 288

294 Board Policies BB 9320(a) Role of the Board Public Attendance at Board Meetings Meetings Conducted Openly It is explicitly recognized that California State Law requires that all actions of the Board shall be taken openly and that all of its deliberations shall be conducted openly, except at closed sessions as specified in BP 5119 and BB Legal Reference: Education Code sections 35145, 35147; Government Code et seq. Adopted: (Adopted as Rule 70.1) May 7, 2009 Attendance of Interested Persons Favored It is the policy of the Board that its meetings shall be open to anyone at any time and to favor attendance of all interested citizens and groups at meetings of the Board and the Board Committees. Individuals who desire to discuss or be heard regarding items on the agenda are privileged to do so to the extent and within the limits as may be determined by the Board Bylaws. Legal Reference: Education Code sections 35145, Adopted: (Adopted as Rule 70.2) August 2, 2007 Notice of Meetings to Information Media In order to carry out this policy, the Board directs the Superintendent to provide notice of its regular and special meetings to all newspapers and media stations in the County. Legal Reference: Education Code sections 35145, 35161; Government Code sections et seq. Adopted: (Adopted as Rule 70.3) Notice of Intention to Appear Members of the public who wish to address the board on agenda or non-agenda items will be heard once for up to three minutes with a time limit on an item to not normally exceed twenty minutes. The presiding officer of the board shall determine, based on time constraints of the board agenda, how the total time shall be allocated for public comment. Legal Reference: Chaffee v. San Francisco Public Library Commission (2005, 134 Cal.App.4 th 109) Adopted: (Adopted as Rule 70.4) 289

295 Board Policies BB 9320(a) Role of the Board June 28, 2007; August 2, 2007 Security Measures The Board desires to conduct its meetings in a secure and orderly manner to ensure a safe environment for the public, Superintendent and the Board. As such, the Board president shall have the authority to remove any individual or group who willfully interrupts or disrupts the meeting. In the event that any meeting is willfully interrupted so as to render the orderly conduct of such meeting unfeasible, the Board may order the room cleared if necessary. In this case, members of the media not participating in the disturbance shall be allowed to remain, and individuals not participating in such disturbances may be allowed to remain at the discretion of the Board. When the room is ordered cleared due to a disturbance, further Board proceedings shall concern only matters appearing on the agenda. (Government Code ) The Superintendent or Board president may contact local law enforcement or implement additional security measures as he or she deems necessary or prudent to protect the safety of all and/or secure orderly conduct of the meeting. Legal Reference: McMahon v. Albany Unified School District (2002) 104 Cal.App.4 th 1275; Government Code section Mailed Notice of Regular Meetings Upon Request The Board shall give mailed notice of every regular meeting at least one week prior to the date set for the meeting and at least 24 hours for any special meeting, to any Sonoma County citizen who has deposited with the Superintendent self-addressed and stamped envelopes for use in the mailing of such notices. This service shall occur until the supply of envelopes is exhausted at which time the citizen must provide additional self-addressed and stamped envelopes to continue receiving notices. This procedure is in lieu of any fee established by the Board for this service. Legal Reference: Education Code sections 1012, 35144; Government Code Adopted: (Adopted as Rule 70.5) Notice for Special Meetings Notice shall be provided in writing or by other means and delivered to each local newspaper of general circulation, radio, or television station requesting notice at least 24 hours before the time of the special meeting specified in the notice. The notice shall specify the time and place of the special meeting and the business to be transacted. Every notice for a special meeting at which action is proposed to be taken shall include an opportunity for members of the public to address the Board prior to action. 290

296 Board Policies BB 9320(a) Role of the Board It is the intent of the Board that notice be provided electronically to all staff whenever it is most efficient. Legal Reference: Government Code sections , Adopted: May 5, 1994 (Adopted as Rule 70.6) Adjourned Meetings A majority vote by the Board may adjourn any regular or special meeting to a later time and place that shall be specified in the order of adjournment. Less than a quorum of the Board may adjourn such a meeting. If no Board members are present, the secretary or clerk may declare the meeting adjourned to a later time and shall give notice in the same manner required for special meetings. If a meeting is adjourned for less than five calendar days, no new agenda need be posted so long as a new item of business is not introduced. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was held within 24 hours after the time of adjournment. Legal Reference: Government Code section Adopted: October 4, 2007 Challenging Board Actions The district attorney's office or any interested person may file an action in court to stop or prevent the Board's violation or threats of violations of the Brown Act, to determine the applicability of the Brown Act to ongoing or future threatened Board actions, to determine the validity, under California or federal law, of any Board rule or action to penalize any of its members or otherwise discourage the member's expression, or to compel the Board to audio record its closed sessions because of its violation of any applicable Government Code provision. The district attorney or any interested person may present a demand that the Board cure and correct a Board action which he/she alleges is in violation of law regarding any of the following: 1. Open meeting and teleconferencing 2. Agenda posting 3. Closed session item descriptions 4. New or increased tax assessments 5. Special meetings 291

297 Board Policies BB 9320(a) Role of the Board 6. Emergency meetings Any demand to "cure and correct" an alleged violation shall clearly describe the challenged action and the nature of the alleged violation and shall be presented to the Board in writing within 90 days of the date when the action was taken. If the alleged violation concerns action taken in an open session but in violation of Government Code (agenda posting), the written demand must be made within 30 days of the date when the alleged action took place. Within 30 days of receiving the demand, the Board shall do one of the following: 1. Cure or correct the challenged action and inform the demanding party in writing of its actions to cure or correct. 2. Determine not to cure or correct the alleged violation and inform the demanding party in writing of its decision to not cure or correct. 3. Take no action. If the Board takes no action within the 30-day review period, its inaction shall be considered a decision not to cure or correct the action. In addition, the district attorney's office or any interested party may file an action in court to determine the applicability of the Brown Act to any past Board action not specified in Government Code , if the following conditions are met: 1. Within nine months of the alleged violation, a cease and desist letter is submitted to the Board, clearly describing the past Board action and the nature of the alleged violation. 2. The time for the Board to respond has expired and the Board has not provided an unconditional commitment to cease and desist from and not repeat the past action alleged to have violated the Brown Act. Legal Reference: Government Code section et seq. Adopted: October 4, 2007 June 6,

298 Board Policies BB 9321(a) Role of the Board BB 9321(a) Closed Session Purposes and Agenda Closed Session The Board may hold closed sessions as authorized by law, which includes closed sessions for the following purposes: to confer and give instruction to its designated representative with respect to the purchase, sale or exchange, or lease of real property; to confer with legal counsel regarding existing or anticipated litigation; to hear complaints or charges against a public officer; to consult with a law enforcement agency regarding a threat to public services or facilities; and to hear interdistrict attendance appeals unless a public hearing is requested by the parent, legal guardian, or the pupil if the pupil is an adult. Regardless of whether the hearing is held in open or closed session the Board may deliberate and vote in closed session. cf. BP 3600(a), 5030(a), 5117(a), 5119(a), , 6178(a); BB 9320(a), 9321.l(a) Legal Reference: Education Code sections 35146, 49076; Government Code section 54956; BRV v. Superior Court of Siskiyou County 143 Cal.App.4 th 742; United States Code Title 20, Section 1232g; Code of Federal Regulations, Title 34, Section Adopted: (Adopted as Rule 66.1) November 8, 2007; August 7,

299 Board Policies BB (a) Role of the Board BB (a) Reporting Closed Session Actions Following a closed session, the Board shall reconvene in public session. The Board shall publicly report those actions taken in closed session and the vote of every member present as required by applicable provisions of the Brown Act. cf. BP 5117(a), 5119(a); BB 9321(a) Legal Reference: Government Code section Adopted: May 5, 1994 (Adopted as Rule 66.4) 294

300 Board Policies BB 9322(a) Role of the Board BB 9322(a) Agendas The Board, as a whole, is mindful of legal requirements and staff needs for timely preparation of an agenda for the Board s meeting but reserves to itself the right within legal limits to prepare and add items within the jurisdiction of the Board of Education to the agendas. Legal Reference: Education Code sections 35145, ; Government Code Adopted: August 5, 1993 (Adopted as Rule 84) Regular Meetings The agenda for each regular meeting of the Board shall contain a brief general description of each item to be acted on or discussed under the Order of Business. Items to be discussed in closed session shall be listed on the agenda as prescribed by Section of the Brown Act. Agenda items for each regular meeting shall provide an opportunity for public comment. The agenda shall be prepared by the Superintendent as Clerk of the Board, in consultation with the Board President and shall be posted in a public place, on the Sonoma County Office of Education s website, and mailed to the members of the Board not less than seventy-two (72) hours in advance of such meeting. Legal Reference: Government Code sections , Adopted: (Adopted as Rule 84.1) May 5, 1994 Committees or Board Members Desiring to Place an Item on the Agenda Board committees or individual Board members may cause an item reasonably related to the business of the Board of Education to be placed on the agenda of any regular or special meeting by submitting a written statement to the Superintendent as Clerk of the Board. Being mindful of legal requirements and staff needs for timely preparation and adequate time to prepare the agenda item, the statement must be actually received by the Superintendent s office no later than five school days prior to the legally required posting of the agenda. Agenda action items submitted by a Standing Committee, County Board Members, or staff must include the suggested Board motion. Legal Reference: Government Code sections , Adopted: August 5, 1993 (Adopted as Rule ) June 5,

301 Board Policies BB 9322(a) Special Meetings Role of the Board The agenda for each special meeting, listing the items permitted and included in the agenda, shall be prepared by the Superintendent, in consultation with the Board President, and received by the members of the Board and the local media who have requested such notice in writing not less than twenty-four (24) hours in advance of such meetings. The notice also shall be posted on the district's Internet web site and shall be posted in a location freely accessible to the public. The notice shall specify the time and place of the meeting and the business to be transacted or discussed. No other business shall be considered at this meeting. Legal Reference: Education Code sections 35144; Government Code Adopted: (Adopted as Rule 84.2) August 27, 1993 Consent Items on the Agenda The agenda may contain a regular place for one or more items for consent approval. Items may be placed on the agenda for consent approval pursuant to the following criteria: 1. Matters relating to legal mandates or that are of a repetitive or routine nature. Example: issuance of temporary county certificates under Education Code Section 44332; and payment of claims of board members. 2. Matters that require occasional board approval and that are routine in nature. Example: approval of video titles. 3. Matters that require approval of routine or repetitive contracts: Example: public school contracts for audiovisual services. 4. Other matters at the discretion of the Board. During the meeting any item on the consent calendar shall be removed for individual consideration upon request of any board member. Legal Reference: Education Code sections 35145, ; Government Code Adopted: August 27, 1992 (Adopted as Rule 84.25) Persons Desiring a Place on the Agenda Individuals or groups of Sonoma County citizens who have proposals or criticisms relating to matters within the jurisdiction of the County Board of Education may request to be placed on the agenda, as provided in BB 9321 (a). Legal Reference: Education Code sections 35145, ; Government Code Adopted: (Adopted as Rule84.3) 296

302 Board Policies BB 9322(a) Role of the Board Action on Agenda Items a. No action shall be taken on any item not appearing on the printed agenda. b. Notwithstanding subdivision (a), the Board may take action on items of business not appearing on the printed agenda under any of the following conditions: 1. Upon a determination by a majority vote of the Board that an emergency situation exists, as defined in Government Code Section Upon a determination by a two-thirds vote of the Board, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that the need to take action arose subsequent to the agenda being posted as specified in subdivision (a.) 3. The item was posted as required by law for a prior meeting of the Board occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. Legal Reference: Government Code section Adopted: (Adopted as Rule 84.4) 297

303 Board Policies BB 9323(a) Role of the Board BB 9323(a) Rules of Order Robert s Rules of Order Revised When not in conflict with any applicable Statute, Rule or Section, the rules established by Robert s Rules of Order, most recently revised edition, shall constitute the parliamentary rules of the Board. Adopted: (Adopted as Rule 81.1) Quorum Majority of Members A majority of the members shall constitute a quorum for the transaction of business. Adopted: (Adopted as Rule 82.1) Number of Members Four (4) members shall constitute a majority of the Board until such time as the Board has a total of five (5) members. At that point three (3) members shall constitute a majority of the Board. Adopted: (Adopted as Rule 82.2) Amended: Supermajority Vote Four (4) members shall constitute a supermajority of the Board. Adopted: June 26, 2009 Procedure for Less than Quorum If at any regular meeting or duly called special meeting there is less than a quorum present, the presiding officer may, with the consent of all members present, proceed to conduct the affairs of the Board acting as a subcommittee of the Board. In such case it shall consider items on the agenda and make its recommendations for action by the Board at the next meeting, the date and time for which it is hereby authorized to set. Adopted: (Adopted as Rule 82.3) 298

304 Board Policies BB 9323(a) Role of the Board Order of Business Regular Meetings The order of business at regular meetings, unless changed by a majority vote of members present, for the convenience of those persons desiring to address the Board, shall be recommended by the Secretary to the Board and approved by the President of Board. Adopted: (Adopted as Rule 83.1) Special Meetings The order of business at Special Meetings shall be recommended by the Secretary to the Board and approved by the President of Board. Adopted: (Adopted as Rule 83.2) Method of Voting Recording of Votes After the President has announced the result of any voice vote on the call of any member, the individual member ayes and noes shall be taken upon any proposition, and the vote shall be recorded in the minutes of the Board. Adopted: (Adopted as Rule 85.1) Resolutions All resolutions shall be adopted or rejected by a roll call, which shall be entered in the minutes. For all non-unanimous actions, names of board members expressing themselves aye or no, or absent or abstaining shall be recorded. Adopted: (Adopted as Rule 85.2) Budget Adoptions and Approval of Contracts The Board shall review and approve the Superintendent s annual budget and any revisions to the budget in accordance with applicable provisions of the Education Code. Contracts shall be reviewed and approved in accordance with applicable provisions of the Education Code. Adopted: (Adopted as Rule 85.3) 299

305 Board Policies BB 9323(a) Role of the Board Vote Required to Issue Teachers Certificates The affirmative vote of at least a majority of the members of the Board shall be required to issue or renew any teacher s certificate. Adopted: (Adopted as Rule 85.4) Votes Required Re Books and Apparatus The affirmative vote of at least a majority of the members of the Board shall be required to adopt or purchase books or apparatus. Adopted: (Adopted as Rule 85.5) Votes Required for Annual Election of Officers The annual election of officers shall require approval of at least a majority of the total membership of the Board. Adopted: (Adopted as Rule 85.7) Vote on Petition to Educate Pupils in Another District Pursuant to EC 46601, the affirmative approval of a majority of the members of the Board is required to grant an interdistrict attendance permit. Adopted: (Adopted as Rule 85.8) Vote to Suspend or Waive Rules Suspending or waiving of the Rules pursuant to Section 7 shall require the affirmative vote of four (4) members. Adopted: (Adopted as Rule 85.9) Recording of Abstentions Except where an abstention is required by law due to a financial conflict of interest or other law mandated reason, Board members are expected to vote yes or no on all motions and resolutions before the Board. 300

306 Board Policies BB 9324(a) Role of the Board BB 9324(a) Minutes of the Board Authority The Board shall keep a record of its proceedings. Recordings of Action of the Board All actions of the Board shall be recorded in the minutes. The minutes shall include the specific language of each motion and provide sufficient detail such that the action of the Board is clearly described. Minutes will also describe the nature of any discussion held, so that an individual reviewing the minutes can easily understand the discussion that took place. The minutes shall include the names of members who made and seconded the motion, and the individual votes of each member, unless the action was unanimous. When a roll call vote is taken, the names and votes of each member shall be listed. Motions or resolutions shall be recorded as having passed or failed. All motions and Board resolutions shall be numbered consecutively from the beginning of each fiscal year. The minutes shall include copies of all documents provided to the Board either at the meeting or in the agenda packet that relate to an item on the agenda. The minutes shall record which members are present and whether a member is not present for part of the meeting due to late arrival and/or early departure. Recorded by Secretary The official minutes of the Board shall be recorded by the Secretary. The minutes shall provide sufficient information on all agendized items to inform persons who were not present of the issues discussed and the action of the Board. Verbatim debates shall not be entered in the minutes. However, visitors speaking before the Board shall be identified in the minutes. Custodian of Official Minutes The Superintendent shall have custody of the official minutes of the Board. Thereafter these minutes shall be maintained in a safe place. 301

307 Board Policies BB 9324(a) Role of the Board Open for Examination The Superintendent shall make the adopted minutes of the Board available to any citizen desiring to examine them during the hours the office is open. Following distribution to members of the Board the Superintendent may provide draft minutes to members of the public upon request. Mailing of Recorded Official Minutes The County Superintendent of Schools shall mail a copy of the official minutes of each meeting of the County Board of Education to each member of the Board prior to the ensuing regular meeting of the Board. Errors or Omissions Errors or omissions noted in the official minutes shall be corrected by the Board. Authority of Members When Board is in Session Members of the Board shall have authority only when acting as a board in regular, special or committee sessions. Board Not Bound by Statements or Actions of Members The Board shall not be bound in any way by any statement or action on the part of any individual Board Member or employee. Public Statements of Members All public statements in the name of the County Board of Education shall reflect the position of the majority of the Board, where the Board has taken formal action, and shall be issued by the President or, if appropriate, by the County Superintendent or his/her designee at the direction of the President. No individual Board member shall make public statements in the name of the Board or statements that contravene the policies and actions of the Board or that jeopardize the ability of the Board to act effectively; except where the Board President has delegated his or her authority to another Board member. Before voting on any issue, all Board members shall be encouraged to present whatever evidence they may feel is important to the matter at hand. The Board shall fully consider the implications and relevancy of all information so presented. All opinions, reactions and positions shall be openly discussed, so that each member may understand all aspects of the issue before the Board decides the outcome or direction it will take. 302

308 Board Policies BB 9324(a) Role of the Board When a Board decision has been reached, all Board members shall support that decision until it is amended or rescinded by Board action. Any Board member who may wish to criticize or oppose any specific board action should do so only in a Board meeting. Legal Reference: Education Code sections 1010, 1011, 1015, 1040, 1042, 1240, 35025, 35145, 35161, 35163, 36162, et. seq.; CCR 16023; Government Code 6250 et seq.; Robert s Rules of Order Article X Adopted: (Adopted as Rule 86.1, 86.2, 86.3, 86.4, 86.5, 86.6, 86.7, 86.8, 90.1, 90.2) December 9, 1993; April 3, 2008; November 4, 2010 Effective Date: January 1, 2011 c.f. 9122(a) 303

309 Board Policies BB 9325 Role of the Board BB 9325 County Board Member Use of Technology Sonoma County Board of Education members are authorized to use County Board technology, including individually assigned ipads, to access the Internet or other online services in accordance with the user obligations set forth below. Board members shall be responsible for the appropriate use of technology and shall use County Board technological resources primarily for County Board- related purposes. Board members shall not use the technology to promote unethical practices or any activity prohibited by law or Board policy. In using County Board technology, Board members acknowledge that computer files and electronic communications, including , are not private and are not the personal property of the user. Information contained in the technology may be subject to disclosure under the California Public Records Act or a civil or criminal subpoena. Technology resources should not be used to communicate with other Board members at County Board meetings or to obtain additional evidence during a hearing before the County Board. This bylaw shall supersede all prior understandings or agreements with regard to the County Board members use of County Board technology. By signing this document, I acknowledge that this bylaw is binding and that I understand the above terms and condition and will abide by them. County Board Member Signature Date Legal Reference: Education Code et seq., Government Code 6250 et seq., Code of Civil Procedure , Penal Code 1326 Adopted: 304

310 Board Policies BB 9400 Role of the Board BB 9400 Board Self-Assessment Effective and efficient County Board of Education operations are an integral part of creating a successful educational program. In order to measure success in carrying out its legal responsibilities and to progress toward its stated goals and objectives, the Board will annually, as directed by the Board President, schedule a time and place at which all its members may participate in a formal assessment of the Board s procedures and actions. The Board shall be assessed as a whole and not its individual members. However, individual Board members also are encouraged to use the assessment process as an opportunity to privately assess their own personal performance. The assessment shall focus on the operations and performance of the Board. The Board may develop goals and objectives against which the Board will be assessed. The assessment also may address objectives related to Board meeting operations, relationships among Board members, relationship with the County Superintendent, understanding of Board and Superintendent roles and responsibilities, communication skills, or other boardsmanship skills. Once every two years, on non-election years, the Board shall determine an assessment method or instrument that measures a reasonable number of previously identified performance objectives. Each Board member will complete the Board assessment instrument independently. The ensuing assessment will be based on the resulting composite picture of Board strengths and weaknesses. The Board, with all members present, shall discuss the tabulated results as a group in open study session. Following the assessment, the Board shall develop strategies for strengthening Board performance and shall establish priorities and objectives for the following year's evaluation. The Board may invite the County Superintendent or others to participate in the assessment. Legal Reference: Government Code et seq. Adopted: November 4, 2010 Effective Date: January 1,

311 Board Policies Exhibit Role of the Board Exhibit Sonoma County Board of Education Self- Assessment This instrument is for use in the County Board s annual assessment of its efficiency and effectiveness. Your responses to the following questions will be summarized and you will be asked to share your general conclusions with the other members of the County Board at an open meeting. No one else will be shown this information unless you choose to share your responses, which will remain anonymous. Section I: BOARD MISSION Please indicate to what degree the County Board adheres to its mission statement, using the following scale: 4 = Strongly Agree 3 = Agree 2= Disagree 1 = Strongly Disagree Blank = No Opinion The County Board carries out the philosophy, mission and priorities of the Sonoma County Office of Education through the execution of the following responsibilities: Fostering student success through services to students, schools and communities; Continually seeking ways and means to support and strengthen the school districts of Sonoma County and their governing boards, and in no way hampering or burdening the districts, their boards, their officers or employees; Recognizing the important contributions of education to the maintenance and growth of American democracy and reaffirming its strong belief that the free public schools of our nation must provide equal educational opportunity for all children and youth; Adopting long-term goals focused on promoting the success of public education which are aligned with SCOE s vision, mission, philosophy, and priorities; Annually reviewing the County Board s Goals and Objectives to ensure conformity with legal mandates, community needs, program priorities, and SCOE s vision and mission; and Giving full recognition to the requirements and restrictions placed upon the County Board and the County Superintendent by state law and the availability of financial resources. 306

312 Board Policies Exhibit Role of the Board OVERALL RATING OF SECTION I: As an individual Board Member, I ve done a good job at this. As a whole Board, we ve done a good job at this. Section II: BOARD GOVERNANCE Please indicate to what degree you adhere to the County Board s governance requirements, using the above rating scale: I focus on learning and achievement for all students; I value, support and advocate for public education; I recognize and respect differences of perspective and style on the County Board and among staff, students, parents/guardians and the community; I act with dignity, and understand the implications of demeanor and behavior; I respect confidentiality; I participate in professional development and commit the time and energy necessary to be an informed and effective leader; I understand that authority rests with the County Board as a whole and not with individual County Board members; and I endeavor to understand the distinctions between County Board and County Superintendent responsibilities, and staff roles and I refrain from performing management functions that are the responsibility of the County Superintendent and staff. OVERALL RATING OF SECTION II: As an individual Board Member, I ve done a good job at this. As a whole Board, we ve done a good job at this. Section III: BOARD GOALS AND OBJECTIVES Please indicate to what degree the County Board has adhered to its goals and objectives, using the above rating scale: Focusing on student learning and achievement; Supporting and encouraging County Office services to local school districts, the community and regional educational consortiums; 307

313 Board Policies Exhibit Role of the Board Working in partnership with the County Superintendent of Schools; Communicating a common vision; Operating openly, with trust and integrity; Governing in a dignified and professional manner, treating everyone with civility and respect; Governing within County Board adopted Rules and Procedures; Taking collective responsibility for the County Board s performance; Periodically evaluating the effectiveness of the County Board of Education; and Ensuring opportunities for the diverse range of views and encouraging community interest and participation in subjects within the Board s jurisdiction. OVERALL RATING OF SECTION III: As an individual Board Member, I ve done a good job at this. As a whole Board, we ve done a good job at this. Section IV: BOARD ETHICS Please indicate to what degree you adhere to the following ethical duties and responsibilities, using the above rating scale: I am fair, just, and impartial in all decisions and actions; I accord others the respect I wish for myself; I encourage expressions of different opinions and listen with an open mind to others ideas; I am accountable to the public by representing Board and Superintendent policies, programs, priorities and progress accurately; I am responsive to the community by seeking its involvement in appropriate Board affairs and by communicating its priorities and concerns; I work to ensure prudent and accountable use of Board and Superintendent resources; 308

314 Board Policies Exhibit Role of the Board I make no personal promise or take private action that may compromise performance of responsibilities; I tell the truth; I share views while working for consensus; I respect the majority decision as the decision of the Board; I base decisions on law, rules, and fact rather than supposition, opinion, or public favor; I refuse to surrender judgment to any individual or group at the expense of the Board as a whole; I consistently uphold all applicable laws, rules, policies, and governance procedures; I keep confidential information that is privileged by law or that will needlessly harm the Board or Superintendent if disclosed; I focus attention on fulfilling the Board s responsibilities of goal setting, policy making and program evaluation; I diligently prepare for and attend Board meetings; I avoid personal involvement in activities the law or the Board has delegated to the Superintendent; I seek continuing education that will enhance the ability to fulfill duties effectively; and I am continuously guided by what is best for all students of the County. OVERALL RATING OF SECTION IV: As an individual Board Member, I ve done a good job at this. As a whole Board, we ve done a good job at this. 309

315 Board Policies Exhibit Role of the Board Section V: BOARD STRENGTHS, WEAKNESSES AND AREAS FOR IMPROVEMENT What do you think are the County Board s greatest strengths? What do you think are the County Board s greatest weaknesses? Given these strengths and weaknesses, in what ways could the County Board improve its effectiveness? Additional Comments: 310