Please be advised that the District's Policy Manual developed with Erie 1 BOCES Policy Services is

556 Pages·2015·2.78 MB·English

by  Policy Services

Please be advised that the District's Policy Manual developed with Erie 1 BOCES Policy Services is
not to be interpreted as the rendering of legal advice. Application of Board policies to specific
situations may necessitate consultation with the School Administrators/School Attorney to address the
particular circumstances.

FOREWORD

Contained herein are the policy statements formulated by the Board of Education of the Shoreham-
Wading River Central School District.

Policy is defined as a basic plan of action. It establishes limits within which freedom of judgment can
be exercised.

Policy is a governing principle of management. It is a statement that has an effect on the interests of
those who come under its jurisdiction. A policy may originate from the constitution, from statute, from
local determinations and/or from customary patterns of formal behavior.

Policy should accomplish the following:

a) State a position taken by the District;

b) Grant the authority to act;

c) Be sufficiently detailed to give adequate direction;

d) Be achievable within the real environment of the school and community;

e) Provide for impartial procedures.

In addition to the adopted policies, the operation of the School District is governed by and subject to
all applicable Laws, Regulations of the Commissioner of Education, Civil Service requirements,
Board of Education Resolutions, School Administrative Regulations and Contracts of Agreement.

If any part of this manual is made invalid by judicial decision or legislative or administrative
enactment, all other parts shall remain in full effect unless and until they are amended or repealed by
the Board of Education. The official record of the adoption, amendment, or repeal of the by-laws and
policies of the Shoreham-Wading River Central School District shall be the minutes of the meetings of
the Board of Education.
PHILOSOPHY STATEMENT

In preparing individuals to develop their fullest potential for living in the society of today and
tomorrow, the Board of Education and the staff of the School District:

I. Recognize their responsibility to help meet the physical, intellectual and emotional needs
of children; particularly the needs to inquire, learn, think, and create; to establish aesthetic,
moral and ethical values; and to relate satisfactorily to others in social situations involving
family, work, government and recreation.

II. Accept primary responsibility for giving students a mastery of the basic skills of learning,
thinking and problem-solving; for teaching them to use the various media of self-
expression; for instilling in them a knowledge of the social and natural sciences; for
acquainting them with the richness of our heritage; and for stimulating them to productive
work in the various areas of human endeavor.

III. Acknowledge the importance of their supplemental role to the home and other social
agencies in developing habits and attitudes which make for effective personal living, the
maintenance of optimum physical and mental health, and the establishment of sound moral,
ethical, and aesthetic values.

Realizing that education, as here defined, is a lifelong process, the School System seeks to orient its
graduates toward various types of post-secondary education and further formal training and study of
many types; and to provide educational opportunities particularly suited to the needs of adults, both as
individuals and as citizens in a democracy.
2009 1000

By-Laws

Shoreham-Wading River Central School District NUMBER

ORGANIZATION OF THE BOARD OF EDUCATION

1.1 School District and Board of Education Legal Status ............................................... 1110
1.2 Board of Education Authority.................................................................................... 1120
1.3 Number of Members and Terms of Office ................................................................ 1130

NOMINATION AND ELECTION OF BOARD OF EDUCATION MEMBERS

2.1 Board of Education Members: Qualifications .......................................................... 1210
2.2 Board of Education Members: Nomination and Election ......................................... 1220
2.2.1 Guidelines for the Election of School Board Members ................................. 1221
2.3 Reporting of Expenditures and Contributions ........................................................... 1230
2.4 Resignation and Dismissal ......................................................................................... 1240

THE ROLE OF THE BOARD OF EDUCATION

3.1 Board Approval of Contracts ..................................................................................... 1310
3.2 Nomination and Election of Board Officers .............................................................. 1320
3.2.1 Duties of the President of the Board of Education ........................................ 1321
3.2.2 Duties of the Vice President of the Board of Education ................................ 1322
3.3 Appointments and Designations by the Board of Education ..................................... 1330
3.3.1 Duties of the District Clerk ............................................................................ 1331
3.3.2 Duties of the School District Treasurer ......................................................... 1332
3.3.4 Duties of the External (Independent) Auditor ............................................... 1334
3.3.5 Appointment and Duties of the Internal Claims Auditor ............................... 1335
3.3.6 Duties of the Extraclassroom Activities Funds Treasurer ............................. 1336
3.3.7 Duties of the School Attorney ....................................................................... 1337
3.3.8 Duties of the School Physician/Nurse Practitioner ........................................ 1338
3.4 Principles for School Board Members ....................................................................... 1340

BOARD POLICY

4.1 Policy and Administrative Regulations ..................................................................... 1410
4.2 Execution of Policy: Administrative Regulations .................................................... 1420
2009 1000

By-Laws

Shoreham-Wading River Central School District NUMBER

MEETINGS OF THE BOARD OF EDUCATION

5.1 Regular Board Meetings ............................................................................................ 1510
5.1.1 Agenda Format .............................................................................................. 1511
5.1.2 Broadcasting and Tape Recording of Board Meetings .................................. 1512
5.2 Special Meetings of the Board of Education ............................................................. 1520
5.3 Executive Session…………………………………………………………………...1540

MEETINGS OF THE DISTRICT

6.1 Annual District Meeting and Election/Budget Vote .................................................. 1610
6.1.1 Business of the Annual District Election ....................................................... 1611
6.2 Annual Organizational Meeting................................................................................. 1620
6.3 Legal Qualifications of Voters at School District Meetings ...................................... 1630
6.4 Absentee Ballots ........................................................................................................ 1640
6.5 Submission of Questions and Propositions at Annual Elections and
Special District Meetings ........................................................................................... 1650

RULES OF MEETINGS

7.1 Quorum ...................................................................................................................... 1710
7.2 Minutes ...................................................................................................................... 1720
7.3 Executive Sessions ..................................................................................................... 1730
2009 1110

By-Laws

SUBJECT: SCHOOL DISTRICT AND BOARD OF EDUCATION LEGAL STATUS

The Constitution of New York State, as amended in 1894, instructs the Legislature to provide for a
system of free common schools wherein all children of the State may be educated.

The Legislature of the State has implemented this constitutional mandate through the creation of
school districts of various types. The Shoreham-Wading River Central School District is governed by
the laws set forth for Central School Districts in Article 37 of the Education Law, and by-laws relating
to, or affecting, Union Free School Districts as set forth in Education Law Article 35 and Common
School Districts as set forth in Education Law Article 33.

The School District constitutes a corporate entity that possesses all the usual powers of a corporation
for public purposes, and in that name may sue and be sued, purchase, hold and sell personal property
and real estate, and enter into such obligations as are authorized by law.

The Constitution of the State of New York places the responsibility for public education on the State
Legislature, and directs the establishment of a State Department of Education for general supervision
over the schools and headed by a Commissioner of Education. The New York State Constitution
further provides that local public schools under the general supervision of the State Education
Department shall be maintained, developed and operated by locally elected boards. Legally, local
boards are instruments of the New York State Constitution, the New York Statutes and the regulations
of the State Education Department and its Commissioner.

New York State Constitution
Education Law Articles 33, 35, 37, 51 and 53

Adopted: 3/24/09
2009 1120

By-Laws

SUBJECT: BOARD OF EDUCATION AUTHORITY

As a body created under the Education Law of New York State, the Board of Education of the
Shoreham-Wading River Central School District has full authority, within the limitations of federal
and state laws and the Regulations of the Commissioner of Education and interpretations of them, to
carry out the will of the people of its District in matters of education.

In all cases where laws or regulations of the State Commissioner of Education do not provide, permit,
or prohibit, the Board shall consider itself the agent responsible for establishing and appraising
educational matters and activities.

Board members have no authority over school affairs as individuals. They have authority only when
acting as a body duly called in session.

Education Law Sections 1604, 1701, 1709, 1804, 1805, 2502 and 2503

Adopted: 3/24/09
2009 1130

By-Laws

SUBJECT: NUMBER OF MEMBERS AND TERMS OF OFFICE

The Board of Education of the Shoreham-Wading River Central School District shall consist of seven
(7) members elected by the qualified voters of the School District at the annual election as prescribed
by law.

Members of the Board of Education shall serve for three (3) years beginning July 1 following their
election and each term shall expire on the thirtieth day of June of the third year.

Education Law Sections 1602, 1702(1), 1804(1), 2105 and 2502

Adopted: 3/24/09
2009 1210

By-Laws

SUBJECT: BOARD OF EDUCATION MEMBERS: QUALIFICATIONS

A Board of Education member of the Shoreham-Wading River Central School District must meet the
following qualifications:

a) A citizen of the United States;

b) Eighteen (18) years of age or older;

c) Able to read and write;

d) A legal resident of the District for a continuous and uninterrupted period of at least one (1)
year prior to the election;

e) Cannot be an employee of the Shoreham-Wading River Central School District;

f) The only member of his/her family (that is, cannot be a member of the same household) on
the Shoreham-Wading River Central School District Board;

g) May not simultaneously hold another incompatible public office, including, but not limited
to Superintendent, clerk, tax collector, treasurer or librarian, or an employee of the Board.

1. In central school districts, however, a Board member may be appointed Clerk of the
Board and of the District;

2. A Board member of a BOCES may not be employed by any of that BOCES'
component districts;

h) Must not have been removed from a School District office within one (1) year preceding
the date of appointment or election to the Board.

Education Law Sections 1804(1), 1950(9), 2101, 2102, 2103, 2103-a, 2130(1), and 2502(7)
Public Officers Law Section 3
Town Law Section 23(1)

Adopted: 3/24/09
2009 1220

By-Laws

SUBJECT: BOARD OF EDUCATION MEMBERS: NOMINATION AND ELECTION

a) Candidates for the office of member of the Board of Education shall be nominated by a petition
directed to the Clerk of the School District which is signed by at least twenty-five (25) qualified
voters of the District, or by two percent (2%) of the number of voters who voted in the previous
annual election, whichever is greater. Petitions must state the residence of each signer, the name
and residence of each candidate.

b) The notice of the Annual District Meeting must state that petitions nominating candidates for the
Board of Education must be filed with the Clerk of the District no later than thirty (30) days
before the Annual or Special District Meeting at which the School Board election will occur,
between 9 a.m. and 5 p.m.

c) Voting will be by machine, and provision shall be made for the election by "write-in-vote" of
any candidate not previously nominated. The position of candidates on ballots shall be
determined by lot at a drawing conducted by the District Clerk on the day after the last filing.
Candidates or their proxies may be present for the drawing.

d) The hours of voting shall be as indicated by Board resolution.

e) The candidates receiving the largest number of votes shall be declared elected in accordance
with Education Law.

f) At least ten (10) days prior to the election, the Board shall appoint at least two (2) inspectors of
election for each voting machine, and set their salary.

g) The District Clerk shall oversee the election. The Clerk shall give notice immediately to each
person declared elected to the Board, informing him/her of the election and his/her term of
office.

h) Only qualified voters as determined by Education Law (Section 2012) may vote at any District
meeting or election.

i) No electioneering will be allowed within one hundred (100) feet of the polling place.

j) When a term of office expires at the end of a school year and the office has become vacant at the
time of election, the person elected to fill the new full term vacancy also fills the remaining days
of the previous term, beginning his/her term of office immediately upon election and the taking
and filing of the oath of office.

Education Law Sections 2004, 2012, 2018, 2025, 2029,
2031-a, 2032, 2034(7)(d), 2105(14), 2121, 2502, 2602,
2608(1) and 2610
Adopted: 3/24/09
2009 1221

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By-Laws

SUBJECT: GUIDELINES FOR THE ELECTION OF SCHOOL BOARD MEMBERS

The District may sponsor one (1) or two (2) "Meet the Candidates Night" meetings for the purpose of
giving the School District community the opportunity to meet and question all School Board
candidates.

On the "Meet the Candidates Night' Nights" candidates shall form a panel to answer questions from
the audience. Each candidate will be permitted up to five (5) minutes for an opening statement.
Questions from the audience will then follow. Questions may be directed to an individual candidate or
to the panel of candidates. Although a question may be directed to an individual, other candidates may
also respond or make a statement regarding the question. Following the open part of the meeting, each
candidate shall be available individually to meet and talk informally to members of the community,
between the hours of 9:30 p.m. and 10:00 p.m.

Moderators will be selected by a process approved by the Board of Education.

A typical schedule of meetings may be organized as follows:

Meet the Candidates Night - High School - In the week prior to election

The District Clerk will be responsible for planning, coordinating, and administering the meetings.

The District Clerk will be responsible for the preparation and distribution of candidate folders, which
will include a copy of this policy statement, a candidate questionnaire, and a schedule of candidates
meetings. The folder shall be distributed to each candidate when they pick up the petition.

The candidates shall return their responses to the optional questionnaire no later than one (1) week
after the date for filing of candidate’s petition. A 3" x 5" black and white photo must accompany the
questionnaire if the candidates wish to have their photo in the Budget Newsletter.

The questionnaire will request the following information from all School Board candidates:

Name and address
Education
Community Activities
Professional/Business Experience for the Last Five (5) Years
Enumeration of Specific Priorities if Elected
Contributions Candidate can make to the School District

The District will compile the candidates' responses to the questionnaire which will be sent to residents
of the community as part of the Budget Newsletter. Copies of responses shall also be available at the
scheduled “Meet the Candidates' Night.”