|
BAAA SCHOOL BOARD POLICIES AND ADMINISTRATIVE
PROCEDURES Generally The policies
of the Board are intended to establish the general and overall rules within
which day-to-day operations of the School District are to be governed.
Procedures for carrying out and implementing the broad policies of the Board
on a day-to-day basis are to be fashioned and adopted by the administration,
under the direction of the Superintendent. As applicable, members of the
District community are expected to comply with both Board policy and
administrative procedures, subject to the limitations and exceptions set
forth herein. However, the failure of the Board or the Administration to
comply with policy shall not invalidate any lawful action taken. Contents of
Board Policy and Administrative Procedure The policies
of the Board shall be composed of the policies contained in this Policy
Manual; the contents of administrative job descriptions adopted by the Board;
all formal Student Handbooks; and all formal Employee Handbooks. Administrative
procedure is not part of Board policy and may be altered by the
administration without Board action. Administrative procedure, however, may not
conflict with Board policy. Limitations
of Policy Neither the
policies of the Board nor the procedures of the administration are intended,
nor shall they be construed, to supersede or preempt any applicable laws,
whether constitutional, statutory, regulatory, or common in origin.
Consequently, all Board policies and administrative procedures shall be given
both an interpretation and application which is lawful. The Board shall have
the final interpretation of its policies and the administration shall have
the final interpretation of its procedures. As the Board
policies and administrative procedures are limited by legal constraints, so
too are the rights of those to whom the Board policies and administrative
procedures apply. Neither the policies of the Board nor the procedures of the
administration are intended to expand the rights of individuals beyond those
established by law, or to give to any individual a cause of action not
independently established in law. Enforcement of Board policy shall rest
exclusively with the Board, and enforcement of administrative procedures
shall rest exclusively with the administration. Board policy
and administrative procedure shall not preempt, create, supplant, expand or
restrict the rights or liabilities of students, employee, taxpayers, or
others within the School District beyond those that are established in law
and are not intended to restrict or limit students, employees, or other
members of the School District community from pursuing any claims or defenses
available under law. Exceptions Exceptions to
any policy or the application of any policy may be made if requested or
recommended in accordance with the following procedures: 1.
Any person may request an exception to any Board
policy or the application of same by submitting a letter to the
Superintendent. The request shall identify: the name, address and telephone
number of the person making the request; the policy for which the exception
is being requested; the action that the requesting individual desires, and the rationale
supporting the need for an exception. 2.
The Superintendent or his/her designee shall
conduct a sufficient investigation of any request for an exception so as to
be able to formulate a recommendation for the Board. Among the factors to be evaluated are the
relevant facts related to the request, the rationale of both the policy and
the request for the exception; and the disposition of prior requests for
exceptions to the same or similar policies. 3.
Following the Superintendent’s investigation, the
Superintendent may place the request for exception on the agenda and shall
report to the Board the circumstances surrounding the request and his/her
recommended disposition. The person
requesting the exception shall be notified in advance of this agenda item,
and shall be given a reasonable opportunity to address the Board before the
Board determines whether to grant the request for an exception. 4.
The Board shall have final and exclusive authority
to determine whether to grant any request for an exception and shall be the
sole judge of whether the rationale for the exception is sufficient, taking
into consideration the recommendation of the Superintendent. Moreover, the
granting of exceptions in the same or similar cases shall not constitute
binding precedent or practice inasmuch as the prior grant of an exception may
establish that the granting of an exception is ill-advised. 5.
Exceptions to administrative procedure shall be
made in accordance with the procedures established by the Superintendent. Adopted: October 14, 2010 |