Board Policy Guide, Section I

1.1 INTRODUCTION

1.2  FUNCTIONS OF THE BOARD OF EDUCATION

1.3 PROTOCOLS, ROLES AND COMMUNICATIONS OF THE BOARD OF EDUCATION

1.4  ORGANIZATION OF THE BOARD OF EDUCATION

1.5  POLICY DEVELOPMENT AND ADOPTION BY THE BOARD OF EDUCATION

1.6  CODE OF ETHICS

1.7  GENERAL SCHOOL ORGANIZATION

1.8  SUPERINTENDENT OF SCHOOLS

1.1 INTRODUCTION

1.1.1       The people of a local community elect school board members from districts who, as a board, are charged with the formulation of policies for the organization and administration of the schools.

1.1.2       The responsibilities of a board of education are set forth in NMSA 1978, §22-5-4 (2003) and 6.29.1.9 NMAC, subsection A, and include but are not limited to, the appointment of a superintendent of schools, who acts as the chief administrative officer of the board and who is directly responsible for organizing and administering the educational program, employing staff members, and interpreting and implementing the policies of the board through specific acts of an administrative and supervisory nature.

1.1.3       Although the state and educational agencies exercise some supervisory and regulatory powers in order that a minimum educational program may be provided in all districts of the state, the patrons of local school districts maintain control of education locally through their boards of education and superintendent of schools.
1.1.4       Board members are elected by the people of the district by the virtue of authority granted by the State Legislature.

1.1.5       A Board of Education is a quasi-corporation created by law to maintain public schools within a given district.  Board members exercise authority only by action of a quorum of the Board taken when the board is convened pursuant to the provisions of the New Mexico Open Meetings Act. Individual Board members have no legal authority outside a duly-convened meeting of the Board.  Decisions and policies of the Board are agreed upon only in duly-convened Board meetings, and individual members shall not presume to commit the Board to any definite action except as authorized by the Board at a duly-convened Board meeting.

1.1.6       Powers and Duties of the Board

The powers and duties of the Board are conferred and prescribed in NMSA 1978, §22-5-4 (2003) and 6.29.1.9 NMAC, subsection A. Complete and final control of all matters pertaining to the educational system that are not legislatively designated to another entity shall be vested in the Board.

The local school board shall have the following powers and duties:

A.    subject to the rules of the department, develop educational policies for the school district:

B.    employ a local superintendent of schools for the district and fix his/her salary;

C.    review and approve the school district budget.

D.    acquire, lease and dispose of property;

E.    have capacity to sue or be sued;

F.     acquire real estate by eminent domain pursuant to the procedures provided in State law;

G.    issue general obligation bonds of the school district;

H.    provide for the repair and maintain all property belonging to the school district;

I.     for good cause and upon order of the District Court, subpoena witnesses and documents in connection with a hearing concerning any power or duties of the local school board;

J.     except for expenditures for salaries, contract for the expenditure of money according to the provision of the Procurement Code;

K.    adopt rules pertaining to the administration of all powers or duties of the local school board;

L.     accept or reject any charitable gift, grant, devise or bequest.  The particular gift, grant, devise or bequest accepted shall be considered an asset of the school district or the public school to which it is given;

M.    to offer, and upon compliance with the condition of such offer, to pay rewards for information leading to the arrest and conviction or other appropriate disciplinary disposition by the courts or juvenile authorities of offenders in case of theft, defacement, or destruction of local school district property.  All such rewards shall be paid from school district funds in accordance with regulations, which shall be promulgated by the Public Education Department;

N.    give prior approval for any educational program in a public school in the school district that is to be conducted, sponsored, carried on or caused to be carried on by a private organization or agency.

Adopted:

Last Revision: 04/13/2017

1.2 FUNCTIONS OF THE BOARD OF EDUCATION

As set forth in 6.29.1.9 NMAC, subsection A, the local board of education shall:

1.2.1  exercise powers and duties pursuant to the Public School Code and Public School Regulations, Section 22-1-1 et seq. NMSA 1978, and other applicable regulations;

1.2.2  approve and support the district’s EPSS and each school site-level EPSS action plan;

1.2.3  employ and evaluate the local superintendent on an annual basis in accordance with Section 22-10-3.1 NMSA 1978;

1.2.4  ensure that each member of the board participates in a planned program of training which will assist in the performance of specified duties.  All local school board members must receive a total of five hours of annual training.

A.  For newly elected or appointed local school board members who are in office for less than a year, they shall receive three of the five hours from attending a training course developed by the Public Education Department (PED) and sponsored by the New Mexico School Boards Association (NMSBA).  This course shall be offered no later than three months after a local school board election.  The PED will periodically announce the dates of these courses, which will cover numerous topics including PED policies and procedures, statutory powers and duties of local boards, legal concepts pertaining to public schools, finance and budget.  For the additional two hours of annual training for these new board members, these board members shall attend sessions sponsored by the NMSBA, approve by the PED.

 B. For all existing local school board members, they shall attend five hours of annual training sponsored by the NMSBA, approved by the PED.

C.In order to be credited with attendance at these courses, each attendee must comply with written attendance procedures established by the PED.  Prior to September 1st, the NMSBA shall provide each local superintendent with a list of training hours earned annually by each local school board member.

1.2.5  delegate administrative and supervisory functions to the local superintendent;

1.2.6  ensures that each school principal will establish an advisory council and serve as its chairperson.  Membership will at a minimum include; the principal, two (2) site employees, two (2) parents and two (2) community members one of which represents the business community, if such person is available.  High schools shall include at least one (1) high school student.  The members shall initially be appointed by the principal.  Thereafter, equitable representation shall be selected in a manner determined by the school council.  School advisory councils shall meet at a minimum four times a year at a site and time agreed upon and advertised as required by the New Mexico Open Meetings Act.


1.2.7  refrain from involvement in delegated administrative functions;

1.2.7  review, revise as needed, and submit policies to PED on an annual basis;

1.2.8  award diplomas to students who have successfully competed graduation requirements;

1.2.9  ensure the alignment of district curricula with Content Standards with Benchmarks;

1.2.10  ensure that district funds are appropriately managed and disbursed;

1.2.11  be responsible for oversight of revenue and expenditures within the district budget. The Board of Education shall appoint two members from their board to the finance subcommittee to assist the Board in carrying out its budget and finance duties. The local board shall appoint an audit committee that consists of two board members, 1 volunteer member who is a parent of a student attending the school district, and one volunteer member who has experience in accounting or financial matters.  The Superintendent and Chief Financial Officer shall serve as ex-officio members of the committee (22-8-12.3 NMSA, 1978 – Duties and Responsibilities);

1.2.12  accept responsibility for ensuring the success of each school in the district.

Adopted:

Last Revision: 04/13/2017

1.3 PROTOCOLS ON ROLES AND COMMUNICATIONS OF THE BOARD OF EDUCATION

The Board adopts the following policy and principles in the interest of clarifying the roles of the Board, individual Board members, and administration and establishing appropriate lines of communication.

1.3.1  Communications between the Board and the Administration.

The following principles govern the communication between Board members and the Administration of the District:

A. The authority of the Board lies with the Board as a whole, and not with individual members of the Board.

B. Individual Board members should avoid direct involvement in administrative matters, but rather should refer such matters to the Administration.

C. The Superintendent is the central contact for all communications and distribution of information between the Board and the Administration.

D. The Board’s objectives and concerns should be communicated from the Board to the Administration exclusively by the Board President through the Superintendent.

E. It is the Superintendent’s job to prioritize and implement the Board’s objectives and concerns.

F. It is the Superintendent’s responsibility to bring administrative concerns to the attention of the Board.

G. Communications from administrators to the Board or to individual members of the Board should go through the Superintendent or his/her designee, unless otherwise permitted by policy.

1.3.2 Board Members’ Communications with Parents, Employees, and Other Constituents:

The following principles govern the communication between Board members and parents, employee, and other constituents of the District:

A. The Board and individual Board members may and should be open to discussions with employees, parents, and other constituents at any time concerning current or proposed matters by the Board in establishing such policies and overall direction of the District.

B. Administrative decisions, or final determinations concerning the rights and obligations of individual students or employees, including disciplinary or employment matters, that will or may become the subject of a hearing before the Board, may be addressed, by interested parties only, to the Board as a whole in the context of a Board meeting convened to hear such matters.

C. Individual Board members should strictly avoid any discussions concerning such adjudicative matters, outside of the formal proceedings convened for such matters.

D. Disciplinary matters – Board members shall direct such persons to the appropriate administrator or the Superintendent for resolution, rather than becoming directly involved in such matters themselves.

E. If a parent, employee, or other constituent has pursued a complaint through the administration, including the Superintendent, and remains dissatisfied, he/she or an individual Board member may request that the Superintendent place the matter on the agenda for the Board’s consideration, and the Board, at its discretion, may decide whether it wishes to consider the matter.

1.3.3 Communication between Board Members:

The following govern the communication between Board members:

A. If a Board member is contacted by a member of the public or a school located outside their elected geographic area, the contacted Board member will make an effort to inform the Board member in whose area the member of the public resides that he/she has been contacted and the nature of the response.

B. As a matter of courtesy, if a Board member contacts a member of the public or specific school outside their elected geographic area, regarding business directly related to Board activities or District business, if it is known, the Board member will try to inform the Board member in whose area the member or members of the public resides that he/she has contacted the person or persons and the nature of the response.

C. As a matter of courtesy, if a Board member contacts a member of the public or specific school outside their elected geographic area regarding business directly related to board activities or District business, if it is known, the Board member will try to inform the Board member in whose area the member or members of the public resides that he/she has contacted the person or persons and the nature of the response.

1.3.4 Board Self-Governance

The Board, in the interest of clarifying the roles of the Board and individual Board members, adopts the following self-governance principles in the event that one or more Board member’s conduct violates Board policy or becomes disruptive, creates dysfunction or otherwise is an impediment to the operation of the Board or District:

A.   Level 1 – The Board President will have a private, direct conversation with the Board member(s) in question.

B.  Level 2 – In executive session, the entire Board will have a conversation with the Board member(s) in question.

C.  Level 3 – In an open Board meeting the entire Board will vote to censure the subject Board member(s).

D.  Should a member’s conduct continue notwithstanding the interventions in A – C, above, the Board may consider pursuing a recall action or writ quo warranto as permitted under State law.

Adopted:

Last Revision: 4/13/17

1.4 ORGANIZATION OF THE BOARD OF EDUCATION

1.4.1       Corporate Name

The corporate name of this school district is the Farmington Municipal School District #5, hereinafter referred to as “the school district”.

1.4.2       Board Composition

The Board shall be composed of five members, residents of the district, who shall be elected for a term of four (4) years beginning the month following the election.  Each member shall be elected in designated member districts by the electors qualified to vote in the Farmington Municipal Schools election, or appointed to fill a vacancy, and shall be a qualified elector of the State of New Mexico, a resident of the School District and a resident of their designated Board District.  From among its members, the Board shall elect a president, vice-president, secretary and deputy secretary.

1.4.3       Oath of Office

Every member of the Board before entering active service shall take and subscribe to an oath to support the Constitution of the United States and the Constitution and laws of New Mexico and to faithfully and impartially discharge the duties of the office to the best of the member’s ability.

1.4.4       Term of Office

Each member of the Board of Education shall serve for a term of four years and until his/her successor is elected and qualified.  On the first Tuesday of February of each odd-numbered year, members of the Board of Education shall be elected to take the place of members whose terms expire in that year.  New Board members shall take office March 1.

1.4.5       Vacancies

Any vacancy created by resignation or default of office in the Board of Education shall be filled by appointment of the Board at a regularly scheduled meeting and shall require a majority vote.  Appointed members shall serve until the next regularly scheduled election when an election shall be held to fill the vacancy for the unexpired term.

1.4.6       Officers

The officers of the Board of Education shall consist of a president, vice-president, secretary and deputy secretary, all of whom shall hold office for one year or until their successors are elected and have qualified.  Pursuant to the requirements of law, each member shall be bonded.

1.4.7       Election of Officers

The election of officers of the Board of Education shall require a majority vote of members of the Board of Education.

1.4.8       Officers of the Board:  Duties

The President of the Board shall preside at all meetings and shall appoint committees unless otherwise directed by the Board.  He/She shall have the right, as other members of the Board, to offer resolutions, to discuss questions, and to vote thereon.  The President of the Board may not act for or in behalf of the Board without prior specific authority from a majority of the Board to do so.  The President of the Board shall appoint members to represent the Board of Education at appropriate times.

The Vice-president shall perform the duties of the President in the absence of the President.

1.4.9       The Board of Education Organized as a Unit

The Board of Education is organized as a unit, and action is taken only when members are sitting as a Board in regular or special session. An individual member of a committee may be appointed by the President only upon the official authorization of the Board of Education. The committee, or the member, shall be appointed solely for the specific tasks of seeking information or investigation of facts and shall report its activities and findings to the Board.  Members of the Board shall have authority only when acting as a Board legally in session. The Board shall not be bound in any way by any statement or action on the part of any individual Board member unless such statement or action is in pursuance of specific resolution of the Board and such resolution recorded in the minutes of a Board meeting.

1.4.10     Meeting of the Board

All meetings of the Board of Education shall adhere to the Open Meetings Resolution approved annually by the Board as required by NMSA 1978, 10-15-1 to 10-15-4.

Section 10-15-1(B) of the Open Meetings Act (NMSA 1978, 10-15-1 to 4) states that, except as may be otherwise provided in the Constitution or the provisions of the Open Meetings Act, all meetings of a quorum of members of any board, council, commission or other policy-making body of any state or local public agency held for the purpose of formulating public policy, including the development of personnel policy, rules or regulations, discussing public business or for the purpose of taking any action within the authority of or the delegated authority of such body, are declared to be public meetings open to the public at all times; and

WHEREAS, any meetings subject to the Open Meetings Act at which the discussion or adoption of any proposed resolution, rule, regulation or formal action occurs shall be held only after reasonable notice to the public; and

WHEREAS, Section 10-15-1(D) of the Open Meetings Act required the Farmington Board of Education to determine annually what constitutes reasonable notice of its public meetings;

NOW, THEREFORE, BE IT RESOLVED by the Board of Education of the Farmington Municipal School District Number Five, San Juan County, New Mexico that:

1.    All meetings shall be held at Farmington Schools’ Central Office Board Room at 2001 N. Dustin Avenue.  The meetings will begin at 5:15 p.m.


2.    Unless otherwise specified, regular meetings shall be held on the second and fourth Thursdays of each month.  There will be only one meeting in the months of March, May, June, July, November, and December.  A proposed agenda will be made available at least seventy-two (72) hours prior to the meeting from the Superintendent’s Office, located at 2001 N. Dustin Avenue, Farmington, New Mexico.  Notice of any other regular meetings will be given ten (10) days in advance of the meeting date.  The notice shall indicate an agenda or indicate how a copy of the agenda may be obtained.  Except for emergency matters, the Board shall take action only on items appearing on the agenda.

3.    Special meetings may be called by the President or a majority of the members upon three (3) days’ notice.  The notice shall include an agenda for the meeting or information on how members of the public may obtain a copy of the agenda. 

4.    Emergency meetings will be called only in an instance of unforeseen circumstances, which if not addressed immediately by the Board, will likely result in injury or damage to persons or property or substantial loss to the School District.  The Farmington Board of Education will avoid emergency meetings whenever possible.  Emergency meetings may be called by the President or a majority of the members upon twenty-four (24) hours’ notice, unless threat of personal injury or property damage require less notice.  The notice for all emergency meetings shall include an agenda for the meeting or information on how the public may obtain a copy of the agenda.  Within ten days of taking action on an emergency matter, the Board shall report to the Attorney General’s Office the action taken and the circumstances creating the emergency; provided that the requirement to report to the Attorney General is waivered upon the declaration of a state or national emergency.

5.    For the purposes of regular meetings described in paragraph 2 of this resolution, notice requirements are met if notice of the date, time, place and agenda is sent to printed news media and local radio stations for broadcast and posted at the District’s Administrative Offices. The Superintendent’s Administrative Assistant shall also e-mail or fax copies of the written notice to those broadcast stations licensed by the Federal Communications Commission and newspapers of general circulation, which have made a written request for notice of public meetings.

6.    For the purpose of special meetings and emergency meetings described in paragraph 3 and 4 of this resolution, notice requirements shall be met by posting notice of the date, time, place and agenda in the Central Office, 2001 N. Dustin Avenue.  The Superintendent’s Administrative Assistant shall also provide a telephone notice or facsimile notice to those broadcast stations licensed by the Federal Communications Commission and newspapers of general circulation that have made a written request for notice of public meetings.

7.    In addition to the information specified above, all notices shall include the following language:

“If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact the Superintendent’s Administrative Assistant at Central Office (324-9840 ext. 1502) at least one week prior to the meeting or as soon as possible.

8.    The Board of Education may close a meeting to the public only if the subject matter of such discussion or action is exempted from the open meeting requirement under Section 10-15-1(H) of the Open Meetings Act.


(a)   If any meeting is closed during an open meeting, such closure shall be approved by a majority vote of a quorum of the Farmington Board of Education taken during the open meeting.  The authority for the closure and the subjects to be discussed shall be stated with reasonable specificity in the motion for closure and the vote on closure of each individual member shall be recorded in the minutes.  Only those subjects specified in the motion may be discussed in a closed meeting.

(b)   If the decision to hold a closed meeting is made when the Farmington Board of Education is not in an open meeting, the closed meeting shall not be held until public notice, appropriate under the circumstances, stating the specific provision of law authorizing the closed meeting and the subjects to be discussed with reasonable specificity is given to the members and to the general public.

(c)   Following completion of any closed meeting, the minutes of the open meeting that was closed, or the minutes of the next open meeting if the closed meeting was separately scheduled, shall state whether the matters discussed in the closed meeting were limited only to those specified in the motion or notice for closure.

(d)   Where required by Section 10-15-1(H) of the Open Meetings Act, any action taken as a result of discussions in a closed meeting shall be made by a vote of the Farmington Board of Education in an open public meeting.

9.    The Board of Education recognizes that, in a small community Board members will occasionally attend social events, community functions, school activities or programs, athletic events or meetings of other groups or entities, or be present at local commercial establishments.  In the event a quorum of the membership of the Board is present on such occasions, a violation of this resolution and the Open Meetings Act does not occur so long as the board members do not discuss school business or prospective Board actions as described in this resolution.  By adoption of this resolution, each member represents and agrees to abide by these limitations and not to engage in such discussions outside the context of a properly called board meeting that complies with thee Open Meetings Act.

EFFECTIVE DATE.  This resolution shall become effective upon passage and approval.

The policies adopted by the Board of Education shall determine the conduct of all meetings of the Board of Education.  Procedures not otherwise stipulated in the policies shall be in accordance with the most current rules of Procedure for Local School Boards, published by the New Mexico School Boards Association.  In the absence of specific guidelines in the NMSBA Rules, procedures shall be in accordance with Roberts Rules of Order.

The Board of Education may recess any meeting at any point in the agenda by providing arrangements to complete the items of business on the agenda at a future meeting.

1.4.11     Order of Business for Meetings

The agenda for board meetings will customarily proceed in the order herein given.  However, the order of business at any meeting may be changed by a majority of the quorum present.

Agenda

1.    Call to Order and Pledge of Allegiance

2.    Welcome of Guests

3.    Consideration to Adopt the Agenda

4.    Recognition of Students, Staff and Patrons

5.    Opportunity for Guests/Introduction

6.    Student Instruction

7.    Reports From Superintendent, Staff and Board

8.  Consent Agenda


9.  Finance and Facilities

10.  Board of Education

11.  Executive Session

12.  Closing

A.  Advance Planning

B.  Adjournment

1.4.12     Voting

The ayes and nays shall be given orally on all votes, except that the presiding officer may call for a vote by visual sign.

1.4.13    Minutes of the Meeting

The minutes of the meetings of the Board of Education shall include:

A.  the date, place and classification of the meeting (regular, special or emergency).

B.    the call to order stating the time and the name and office of the person presiding,

C.    the record of the roll call of Board members,

D.    a notation of the presence or absence of the Superintendent,

E.    a record of any change to the published agenda,

F.     a record of any corrections to the minutes of any previous meetings and the action approving them,

G.    a record of any communications, petitions or reports presented to the Board,

H.    a record of each motion placed before the Board and

1.    the member making the motion and the member seconding, if any, and

2.    the declaration of the person presiding that the motion passed or failed, and

3.    the name of each person voting aye or nay or abstaining on other than unanimous votes.

All reports, resolutions, agreements, and other written documents, which require Board action may be made part of the minutes by reference only, but shall be kept on file as part of the permanent record.

Draft minutes shall be prepared within ten (10) working days and shall be approved, amended or disapproved at the next meeting where a quorum is present.  Minutes shall not become official until approved by the policy making body.

The minutes shall be permanently filed electronically and available for inspection by any citizen at any time the office is open during regular business hours.  Requests for copies must be made through a public records request.

1.4.14     Attendance by Visitors

All meetings except executive sessions shall be open to the public.  Interested citizens are encouraged to attend meetings of the Board of Education.  The agenda will be projected on-screen during the meeting, if a hard copy is requested, one will be provided.  An explanation of the procedure of the meetings of the Board of Education shall be given to each visitor and each visitor is requested to sign the register of attendance for information of the Board of Education.

1.4.15     Public Participation

The Board of Education welcomes constructive suggestions and comments, which help to meet the educational needs of the District and to improve its operation.  The Board welcomes questions, which may clarify its responsibilities or its decisions.

Citizens who wish to place an item on the agenda should make their requests known to the office of the Superintendent no later than 4:00 p.m. on the Friday before the Thursday meeting.

1.4.16     Items Not on the Agenda

Because it is impossible for the Board to make intelligent decisions without complete information, or to answer questions properly, the Board will not usually act on any item, which does not appear on the agenda.

At the appropriate time, the President will ask for suggestions and comments from visitors and will allow approximately thirty (30) minutes for that purpose, limiting each speaker to 3 to 5 minutes, depending on the number of speakers who have indicated a desire to comment.  Just before the close of each meeting, the President will allow additional time if needed.  Visitors who wish to speak may, at that time, and upon recognition by the President of the Board, be granted the floor for a reasonable period of time.  Visitors will rise, give name and address, and indicate if they are representing an organization.

1.4.17     Inspection of Public Records Act

By law, under the Inspection of Public Records Act, every person has the right to inspect public records of the Farmington Municipal School District.  The Act also makes compliance with requests to inspect public records and integral part of the routine duties of the officers and employees of the Farmington Municipal School District.

Request to inspect public records should be submitted to the records custodian, located at 2001 N. Dustin Ave., 505-324-9840, ext. 1502; fax: 505-599-8606; contact us at fms.district.nm.us

A person desiring to inspect public records may submit a request to the records custodian orally or in writing.  However, the procedures and penalties prescribed by the Act apply only to written requests.  A written request must contain the name, address and telephone number of the person making the request.  The request must describe the records sought in sufficient detail to enable the records custodian to identify and locate the requested records.  The records custodian must permit inspection immediately or as soon as practicable but no later than fifteen (15) calendar days after the records custodian receives the inspection request.  If inspection is not permitted within three (3) business days, the person making the request will receive a written response explaining when the records will be available for inspection or when the public body will respond to the request.  The custodian shall provide a copy of a public record in electronic format if the public record is available in such format and an electronic copy is specifically requested.  If any of the records sought are not available for public inspection, the person making the request is entitled to a written response from the records custodian explaining the reasons inspection has been denied.  The written denial shall be delivered or mailed within fifteen (15) calendar days after the records custodian received the request for inspection.

If a person requesting inspection would like a copy of a public record, a reasonable fee may be charged for copying the records.  The fee for documents eleven inches by seventeen inches or smaller is $.25 per page.  The fee for larger documents is $.35 per page.  For records other than documents, such as audiotapes or CD’s or other paperless records, the reasonable fee shall approximate the actual cost of reproduction, the actual cost associated with downloading copies to a computer disk or storage device, as well as the cost of the disk or storage device, may be charged for electronically maintained materials.  The custodian may also charge the actual costs incurred in transmitting the copies of public records by mail, electronic mail or facsimile.  The records custodian may request that applicable fees for copying public records be paid in advance, before the copies are made.  A receipt indicating that the fees have been paid for making copies of public records will be provided upon request to the person requesting the copies.

Adopted:

Last Revision: 7/12/18

1.5 POLICY DEVELOPMENT AND ADOPTION BY THE BOARD OF EDUCATION

It is the intent of the Farmington Board of Education to review and revise policies to meet the changing needs of the District and to be in compliance with applicable State and Federal Law.

Any interested party may seek to affect change in School Board Policy through the following process:

A.    Proposals are to be made to the Superintendent of Schools and are to specify rationale for requested changes.

B.    READING STEP:  The Board will be presented with proposed changes at the next Board meeting and the person or group requesting changes will be given the opportunity to speak in behalf of the change.  No action will be taken on the proposed changes at this meeting. 

C.    EDITING STEP:  At the Board meeting following the original presentation, the Board will consider any suggested changes in the policy, ask questions regarding changes, and solicit input from interested parties present. 

D.    ADOPTION STEP:  Proposed changes may be acted upon at the next Board meeting.  The effective date of changes will be set at the time of the Board action.

E.    Any changes to Board policy will be disseminated to the staff through the Principals, Program Directors, and Supervisors within two (2) weeks of Board action.  Additionally, the Board Policy Guide and revisions are posted on the Farmington Schools web page at http://www.fms.k12.nm.us.

F.     SUSPENSION OF RULES:  On occasion an item may be of sufficient importance for action to be taken immediately.  In such situations the Board may, by an extreme majority (four affirmative votes) of the full Board, suspend the rules for policy development and act upon the policy.

The Board may also wish to suspend the rules for minor editing of a policy that does not change the intent of the policy itself.

Adopted:

Last Revision:  4/13/17

1.6 CODE OF ETHICS

The members of the Board recognize that they hold authority as members of the Board, not as individuals.  To make a clear public statement of its philosophy of service to the students of the District, the Board adopts the following Code of Ethics endorsed by the National School Boards Association:

1.6.1. To uphold and enforce all laws, NMPED rules and regulations, and any court orders pertaining to schools.  Desired changes shall only be brought about through legal, ethical, and Board approved policies and procedures.

1.6.2.      Attend all regularly scheduled Board meetings insofar as possible, and become informed concerning the issues to be considered at those meetings.

1.6.3. To make decisions aimed at ensuring the educational welfare of children and to seek, develop and maintain public schools that meet the needs of all children regardless of their ability, race, creed, gender, religion or social standing.

1.6.4. To confine Board action that is authorized by state law and policies to frame District policies and plans only after the Board.

1.6.5. Encourage the free expression of opinion by all Board members, and seek systematic communications between the Board and students, staff and all elements of the community.

1.6.6. To carry out the responsibility of policy-making, planning and evaluation; not to administer the schools, but to see that they are well run.

1.6.7. Communicate to other Board members and the Superintendent expression of public reaction to Board policies and school programs.

1.6.8. Inform him/herself about current educational issues by individual study and through participation in programs providing needed information, such as those sponsored by state and national school boards association.

1.6.9. To recognize that an individual board member has no authority to make personal promises, to take private action that may compromise the Board, or to use the schools for personal gain or for the gain of friends or relatives.

1.6.10. To make official decisions only at public meetings.

1.6.11. To hold confidential all matters pertaining to the schools, that if disclosed, would needlessly injure individuals or the District.  But in all other matters, provide accurate information and, in concert with fellow board members, interpret to the administration the aspirations of the community for its schools.

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

1.6.13. To refrain from negative comments about District personnel and other Board members in any public setting or venue.

1.6.14. Avoid being placed in a position of conflict of interest.

1.6.15. To refer all complaints to the Superintendent for appropriate administrative action and act on such complaints at public meetings only after failure of an administrative solution.

1.6.16. Welcome and encourage community involvement in the District.     

Adopted:

Last Revision: 4/13/17

1.7 GENERAL SCHOOL ORGANIZATION

1.7.1       The general organization of the District is based upon a staffing pattern of grades Pre-K-5, 6-8 and 9-12.  Appropriate support and administrative personnel are employed to provide the best possible education for all eligible students in the Farmington School District.

1.7.2       The Superintendent shall develop and maintain an organizational chart accompanied by an Administrative Procedures Manual, which will include but not be limited to:

A.    An annual organizational chart;

B.    Mission Statement, annual goals of the system and the individual school site and/or program, and the long-term Educational Plan for Student Success for the school system;

C.    Current position descriptions for all employment categories within the school system;

D.    Procedures designed to implement the policies of the Board and to conduct the operation of the school system;

E.    The decision making structure to implement specific policies of the Board and to conduct the operation of the school system ture to implement specific policies of the Board and to conduct the operation of the school system

Adopted:

Last Revision: 4/13/17

1.8 SUPERINTENDENT OF SCHOOLS

1.8.1       The Board shall employ a Superintendent of Schools.  As the chief executive officer of the school district, the Superintendent of Schools shall have complete administrative supervision of the school system.  In accordance with State and Federal law, with Public Education Department regulation and Board of Education policy, he/she shall be responsible for the efficient operation of the system in all its departments.

1.8.2       The performance responsibilities of the Superintendent of Schools shall include but not be limited to:

A.    Provide direct support to the Board.

1.    Attend and participate in the meetings of the Board.

a.    Prepare agenda and supportive information pursuant to the Open Meetings Resolution but not later than 72 hours prior to the scheduled meeting in cooperation with the Board; distribute as early as possible to Board prior to meeting.                 

b.    Keep records and record all meetings.

c.     Post all legal notices.

2.    Publicly support Board decisions at all times.  Interpret the philosophy, policies, goals and objectives of the Board to staff and community.

3.    Advise the Board on the need for new and/or revised policies. Prepare and submit to the Board recommendations relative to all matters requiring Board action.  Place before the Board such necessary and helpful facts, information and reports as are needed to ensure the making of informed decisions.

4.    Suspend any part of the rules and regulations as they pertain to the administration of schools in an emergency situation.  Report facts and reasons for the suspension at the next Board meeting.

5.    Keep the Board informed of:

a.    Progress in meeting goals and objectives and the findings of evaluation studies.  Highlight problem areas and suggest ways to overcome obstacles.

b.    Results of current and long-range planning regarding: location and size of new buildings on present school sites; plans for new structures and/or alterations to existing facilities; new equipment; and costs and sources of funds to finance these needs.

6.    Recommend to the Board adoption of all courses of study and curriculum guides.  Recommend the establishment of auxiliary services, which either directly contribute to the instructional program or make it possible for students to benefit there from.

7.    Recommend to the Board policies and procedures for the transportation of pupils in accordance with the law and the requirements of safety.

8.    Serve as professional advisor to the Board in all matters of educational leadership, materials management and public relations.

B.    Provide leadership and direction to the staff.

1.    Implement Board policies with district directives and procedures that support the attainment of the goals and objectives.

2.    Determine the functional responsibilities necessary and the skills required to accomplish the goals and objectives.  Organize the staff accordingly, delegating clear-cut responsibility and accompanying authority.

3.    Employ, fix the salaries of, assign, terminate or discharge all employees of the school district. Monitor the assignment of licensed and classified staff.

A local superintendent shall not initially employ or approve the initial employment in any capacity of a person who is the spouse, father, father-in-law, mother, mother-in-law, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister, sister-in-law of a member of the local school board or the local superintendent.  The local school board may waive the nepotism rule for family members of a local superintendent.  Nothing in this section shall prohibit the continued employment of a person employed on or before July 1, 2008 (NMSA, 1978, 22-5-6).

4.    Appoint administrative personnel.  Provide leadership and personnel services necessary to integrate the staff into a productive and dedicated team.

5.    Monitor the overall planning and programming function.  Assure that plans and programs are designed to accomplish the goals and objectives in an effective and economical manner in conformity with Board policies.

6.    As an aid to effective administration, establish and monitor an administrative control system that provides the means to assure that:

a.    A competent and effective staff is employed.

b.    Progress towards accomplishing plans and programs is on target.

c.     The functions of instruction, personnel administration, maintenance and operations, budget and accounting, safety, security, pupil transportation, supply, cafeteria, and office services are being performed as effectively and efficiently as planned.

d.    The reporting system provides appropriate information for management in an accurate and timely manner.

e.     Local, state and federal reporting requirements are being met on schedule.

f.     Problem areas are exposed that are of immediate concern to the superintendent.  They may call for: a revision to plans or programs; a change in resource requirements or utilization thereof; modifications to methods and procedures; or other alterations of an administrative nature.

7.    Identify and justify the resources necessary to accomplish objectives including the submission of alternative proposals and their consequences.

8.    The following responsibilities, enumerated herein to emphasize their importance, are management practices common to the administration of public schools and are either inferred in the foregoing or included in Board policies:

a.    Monitor activities that will measure and evaluate the extent to which the instructional programs are attaining their objectives.

b.    Encourage a variety of approaches to improve courses of study.  Include provisions for evaluation.

c.     Prepare with appropriate assistance the annual school district budget and submit for review and approval by the local school board and State Department of Education.

d.    Implement the Board approved budget.  Monitor the expenditure of funds.

e.     Provide human relations service activities and programs involving employees, students and community groups.

f.     Provide a suitable program of in-service training for all employees.

g.    Provide employee benefits that are sanctioned by the Board to include group life, health and dental insurance, professional liability insurance, retirement, leaves of absence, etc.

h.    Provide for the evaluation of all personnel.  Inform them of the plan and procedures involved.

i.     Provide for the safety and security of employees, students and the public while on district premises.

j.     Assure instructional support supplies, textbooks and materials are on hand as planned at the instructional level.

k.     Provide for the control, supervision and security of all school buildings, grounds, supplies and equipment.

l.     Enforce school laws of the State of New Mexico in accordance with the authority delegated by the Board of Education or by the authority attendant in his/her office.

m.   Enforce state health regulations.

n.    Enforce state safety regulations.

o.    Keep informed of current educational thought and practices by advanced study, visiting other school systems, attending educational conferences, etc. Keep Board informed of trends in education.

C.  Community Relations

1.    Provide a community relations program to keep the public informed of progress, accomplishments and other ideas of general interest.

2.    Serve as liaison between the Board and Citizen Advisory Committees.

3.    Provide for Citizen Advisory Committees’ meeting notices, reproduction of minutes, duplication of study materials and needed consultant services.

4.    Work closely with community groups.

5.    Coordinate the work of the district schools with related activities of other school districts and agencies.

6.    Attend, or delegate a representative to attend, all meetings of municipal agencies at which matters pertaining to the public schools appear on the agenda or are expected to be raised.

7.    Establish a liaison plan with legislators to provide information and concerns related to the legislature.

8.    Perform such other tasks as may be directed by the Board of Education.

1.8.3. Evaluation Of Superintendent’s Performance

This policy adopted by the Farmington Municipal School Board, without conflict with any existing contractual language, affirms that the superintendent shall be evaluated annually by January 31 using the process described in this policy.  The intent of this policy is:

  • To provide the superintendent direction by the Board in the form of annual goals,
  • To provide the superintendent feedback from the Board regarding the superintendent’s performance according to the previous goals set,
  • To serve as the basis for contract renewal and reemployment decision of the superintendent by the Board,
  • To provide an opportunity for the superintendent to be a full participate in this process.

Board Goals for the Superintendent

The superintendent evaluation process shall provide the Board an opportunity to provide annual direction in the form of goals that are specific, measurable, attainable, realistic, and timely that the superintendent responds to. The goals will be presented in the form a professional development plan (PDP).  In this PDP the superintendent shall outline the measurable results the superintendent anticipates achieving in relation to each of the goals set by the Board.

Annual Evaluation Cycle

The process shall have as a minimum the following components:

1.    In early January of each year, the Board will hold an executive session during which the superintendent’s performance will be evaluated by the Board.

2.    At a separate executive session also in January, the superintendent shall be provided feedback by the Board that will either result for the renewal of the superintendent’s contract or serve notice that the superintendent will not be reemployed.  The Board shall provide the superintendent written feedback, which shall consist of the completion of a formal written evaluation using the form that is adopted as an addendum to this policy.  The Board shall also provide a tentative list of goals for the superintendent for the upcoming year as part of this addendum.  This written feedback and tentative list of goals will be provided to the superintendent at least 48 hours before the executive session.  The Board and the superintendent will come to agreement on the goals.

3.    During the January work session, the Board shall publicize the goals it wishes to have the superintendent address during the upcoming year for public knowledge.  These goals and any action on the contract renewal shall be formally approved at the regular February Board meeting.  As with all personnel action, any confidential part of the evaluation will remain confidential.

4.    The superintendent at the February work session shall provide the Board a copy of the superintendent’s PDP, indicating the obtainable results the superintendent anticipates accomplishing during the year in response to the goals approved by the Board in February.

5.    In August, the Board shall conduct an informal midyear review of the superintendent’s PDP.  This meeting shall be in executive session.  Feedback on the midyear review will be provided to the superintendent at a separated session in late August or early September.

6.    In November, the Board shall review the stakeholder survey and make any necessary revision to the survey so that it will accurately assess stakeholder perception of progress toward the superintendent’s current goals.

7.    In December, the President of the Board shall solicit and compile feedback from stakeholder groups to include teachers, classified employees and administrators for review by the Board.  The President shall request a written summary from the superintendent indicating his or her perception of progress on goals.  The President shall distribute to all Board members the summary provided by the superintendent and a copy of the superintendent’s evaluation form for each Board member to individually complete and return to the Board President.  The President of the Board shall have these materials complied, and this compilation shall form the basis of the superintendent’s formal evaluation in January (see step 1).

The cycle is represented graphically in Figure 1.

Adopted:

Last Revision:  4/13/17

Section I Adopted 4/13/2017

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