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Section 1000 – Bylaws

Organization of the Board of Education

Nomination and Election of Board of Education Members

The Role of the Board of Education

Board Policy

Meetings of the Board of Education

Meetings of the District

1110 School District and Board of Education Legal Status and Authority

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

The State Legislature has implemented this constitutional mandate through the creation of school districts of various types. As a Central School District, the Harrisville Central School District is organized under and subject to the provisions of Education Law Article 37.

The Board is the corporate body charged with the general control, management, and responsibility of the schools of the Harrisville Central School District. As such, it possesses those powers and duties set forth in law.

The Board is authorized to act as a body duly called in session. Individual Board members have no authority over school affairs.

Education Law §§ 2, 1501, 1604, 1701, 1709, 1804, 2502, and 2503

Adopted: 6/13/22

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1120 Board of Education: Qualifications, Numbers and Terms of Office

A Board member of the District must meet the following qualifications:

  1. A citizen of the United States;
  2. Eighteen years of age or older;
  3. Able to read and write;
  4. A legal resident of the District for a continuous and uninterrupted period of at least one year prior to the election;
  5. Cannot be an employee of the District;
  6. The only member of his or her family (that is, cannot be a member of the same household) on the District Board;
  7. 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. In central school districts, however, a Board member may be appointed clerk of the Board and of the District.
  8. Must not have been removed from a school district office within one year preceding the date of appointment or election to the Board.

Number of Members

The Board of the District will consist of seven members elected by the qualified voters of the District at the annual election as prescribed by law.

Terms of Office

Members of the Board will serve for five years beginning July 1 following their election and each term will expire on the 30th day of June of the fifth year.

Education Law §§ 1602, 1702(1), 1804(1), 1950(9), 2101, 2102, 2103, 2103-a, 2130(1), 2105, and 2502

Public Officers Law § 3

Town Law § 23(1)

Adopted: 6/13/22

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1210 Board Members: Nomination and Election

  1. Candidates for the office of member of the Board must be nominated by a petition directed to the District Clerk which is signed by at least 25 qualified voters of the District, or by two percent of the number of voters who voted in the previous annual election, whichever is greater. Petitions must state the residence of each signer and the name and residence of each candidate.
  2. The notice of the Annual District Meeting must state that petitions nominating candidates for the Board must be filed with the Clerk of the District no later than 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.
  3. Voting will be by machine or paper ballot, and provision will be made for the election by “write- in-vote” of any candidate not previously nominated. The position of candidates on ballots will 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.
  4. The hours of voting will be as indicated by Board resolution.
  5. The candidates receiving the largest number of votes or, in the alternative, the largest number of votes for each specific vacancy, will be declared elected in accordance with Education Law.
  6. At least ten days prior to the election, the Board will appoint at least two inspectors of election for each voting machine or ballot box, and set their salary.
  7. The District Clerk will oversee the election. The Clerk will also give notice immediately to each person declared elected to the Board, informing him or her of the election and his or her term of office.
  8. Only qualified voters, as determined by Education Law Section 2012, may vote at any District meeting or election.
  9. No electioneering will be allowed within 100 feet of the polling place.
  10. 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 or her term of office immediately upon election and the taking and filing of the oath of office.

Education Law §§ 2004, 2012, 2018, 2025, 2029, 2031-a, 2032, 2034, 2105(14), 2121, 2502, 2602, 2608(1),and 2610

Adopted: 6/13/22

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1220 Reporting of Expenditures and Contributions

Each candidate for the position of member of the Board whose expenses and/or contributions received exceed $500 must file a statement accounting for his or her campaign expenditures and contributions with the District Clerk and an additional statement with the Commissioner of Education. In the event the expenses do not exceed $500 and the aggregate amount of all contributions made to the candidate do not exceed $500, then a sworn statement to that effect must only be filed with the District Clerk.Required contribution statements must include:

  1. The dollar amount and/or fair market value of any receipt, contribution, or transfer which is other than money;
  2. The name and address of the transferor, contributor, or person from whom received;
  3. If that transferor, contributor or person is a political committee as defined in Election Law Section 14-100;
  4. The name and political unit represented by the committee;
  5. The date of receipt;
  6. The dollar amount of every expenditure;
  7. The name and address of the person to whom the expenditure was made, or the name of and political unit represented by the committee to which it was made; and
  8. The date of the expenditure.

The times for filing the statements are as follows:

  1. The first statement on or before the thirtieth day preceding the election to which it relates;
  2. A second statement on or before the fifth day before the election;
  3. A third statement within twenty days after the election.

Any contribution or loan in excess of $1000 received after the close of the period covered in the last statement filed before the election (b above) but before the election itself must be reported within 24 hours after receipt.

All statements must be sworn before a notary public, a commissioner of deeds, a lawyer or a public official authorized by New York State law to administer oaths.

Education Law §§ 1528 and 1529 Election Law § 14-100(1)

Adopted: 6/13/22

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1230 Resignation and Dismissal

Board members may resign at a District meeting of residents (i.e., the annual meeting, not a regular Board meeting) or by filing a written resignation with the District Superintendent of the Supervisory District who must endorse his or her approval and file the resignation with the District Clerk.

Alternatively, a Board member may resign by filing a written resignation with the District Clerk.

The Clerk must then notify the Board and the State Board of Elections.

A resignation may be withdrawn only with the consent of the person to whom the resignation was delivered (i.e., the District Clerk or BOCES District Superintendent). The Board has no authority to act upon a request to withdraw a resignation.

The resignation will take effect upon the date specified in the letter of resignation; however, if no effective date is specified, it will take effect on the date of delivery to or filing with the District Clerk. If an effective date is specified in the letter of resignation, the date must not be more than 30 days subsequent to the date of its delivery or filing.

It will be the duty of each member of the Board to attend all meetings of the Board and, if any member refuses to attend three consecutive meetings of the Board after having been regularly notified and a satisfactory cause for each non-attendance is not shown, the Board will proceed to declare that office vacant.

A Board member may be removed from office by the Commissioner of Education for willful violation of any provision of law, neglect of duty, or willfully disobeying any decision, order, or regulation of the Commissioner. The Board may also remove a Board member for misconduct relating to the exercise of authority as a Board member. A written copy of all misconduct charges must be served upon the Board member at least ten days before the time designated for a hearing on the charges; the Board member will be allowed a full and fair opportunity to refute the charges before removal.

In the event of death, resignation, removal from office or from the District, or refusal to serve as a Board member, the District has the power and duty to fill the vacancy. If the Board chooses to fill the vacancy by appointment, the appointment requires a majority vote of the full Board and will be only for a term ending with the next annual election of the District.

The Board, at its own option, may instead call a special election within 90 days to fill the unexpired term. If not filled by Board appointment or special election, the District Superintendent of the Supervisory District may appoint a competent person to fill the vacancy until the next annual election. Alternatively, the Commissioner of Education may order a special election for filling a vacancy. When a special election is ordered, the vacancy will not be otherwise filled.

A person elected or appointed to fill a vacancy will take office immediately upon filing the oath of office.

A Board member who has been removed from office will be ineligible to appointment or election to any office in the District for a period of one year from the date of such removal.

Education Law §§ 306, 1607, 1706, 1709(17)(18), 1804(1), 2103(2), 2109, 2111, 2112, 2113, 2502, 2503, and 2553

Public Officers Law §§ 30, 31, and 35

Adopted 6/13/22

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1310 Powers and Duties of the Board

As a Central School District, the Board has the powers and duties set forth in New York State Education Law, principally Articles 33, 35, and 37, and other applicable federal and state laws and regulations. The Board has, in all respects, the superintendence, management, and control of the educational affairs of the District, and, therefore, has all the powers reasonably necessary to exercise powers granted expressly or by implication, and to discharge duties imposed expressly or by implication, by the laws of New York State and the Commissioner of Education.

Education Law §§ 1604, 1709, 1804, and 2503

NOTE: Refer also to Policy #6540 — Defense and Indemnification of Board Members and Employees

Adopted: 6/13/22

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1320 Nomination and Election of Board Officers and Duties of the President and Vice President

Board officers will be nominated and elected by the Board at its annual organizational meeting for a term of one year. They will take their oath as officers at this meeting along with newly elected members.

The elected officers of the Board are:

  1. President; and
  2. Vice President.

Duties of the President of the Board

The President’s duties may include the following:

  1. Presides at all meetings of the Board;
  2. Calls special meetings as necessary or on request;
  3. Appoints members to all committees of the Board;
  4. Serves ex-officio as a member of all committees;
  5. Executes documents on behalf of the Board;
  6. Performs the usual and ordinary duties of the office.

Duties of the Vice President of the Board

The Board may, in its discretion, elect one of its members Vice President, who will have the power to exercise the duties of the President in case of the President’s absence or disability. If the presidency becomes vacant, the Vice President will act as President until a President is elected.

Education Law §§ 1701, 1804, 2105(6), and 2502

Adopted: 6/13/22

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1330 Appointments and Designations by the Board

Appointments

The Board is authorized to appoint individuals to positions which will facilitate the meeting of its responsibilities to the State, the District, and the community. These appointments usually take place at the Annual Organizational Meeting.

The following will be appointed annually:

  1. District Clerk;
  2. District Treasurer;
  3. Deputy Treasurer;
  4. Tax Collector and Deputies;
  5. External (Independent) Auditor;
  6. Central Treasurer, Extraclassroom Activities Account;
  7. Faculty Auditor, Extraclassroom Activities Account;
  8. Audit Committee.

The following must be appointed but need not be reappointed annually:

  1. Census Enumerator and assistants if District conducts census;
  2. Director of School Health Services (District Physician/Nurse Practitioner);
  3. Supervisors of Attendance;
  4. Committee on Special Education and Committee on Preschool Special Education;
  5. Records Access Officer;
  6. Records Management Officer;
  7. Asbestos Hazard Emergency Response Act (AHERA) Local Educational Agency (LEA) designee;
  8. Civil Rights Compliance Officer(s) (coordinates the District’s efforts to comply with civil rights laws such as Title VI, Section 504, the Americans with Disabilities Act, and the Age Discrimination Act);
  9. Title IX Coordinator(s) (coordinates the District’s efforts to comply with Title IX; when appointing, District must “designate and authorize” the Title IX Coordinator(s));
  10. Liaison for Homeless Children and Youth (McKinney-Vento Liaison);
  11. Chemical Hygiene Officer;
  12. Dignity Act Coordinator (one in each building);
  13. Chief Emergency Officer.

The following may also be appointed:

  1. School Attorney;
  2. Claims Auditor/Deputy Claims Auditor;
  3. Insurance Advisor;
  4. Copyright Officer.

Designations

The following designations will be made by the Board at the Annual Organizational Meeting in July:

  1. Petty Cash Fund(s);
  2. Official Newspaper(s);
  3. Official Bank Depositories;
  4. Official Bank Signatories;
  5. Purchasing Agent;
  6. Certifier of Payrolls;
  7. Designated Educational Official (DEO) to receive court notification regarding a student’s sentence/adjudication in certain criminal cases and juvenile delinquency proceedings;
  8. School Pesticide Representative;
  9. Reviewing Official, Hearing Official, and Verification Official for participation in the federal Child Nutrition Program (the Hearing Official may not be the same person as the Reviewing and/or Verification Official).

Authorizations

The following authorizations will be made by the Board at the Annual Organizational meeting in July:

  1. Approval of attendance at conferences, conventions, workshops, and the like;
  2. Superintendent to approve budget transfers within limits prescribed by Commissioner’s regulation Section 170.2 and Board guidelines;
  3. Superintendent to apply for Grants in Aid (state and federal) as appropriate;
  4. Establish mileage reimbursement rate;
  5. Other(s) as deemed appropriate/necessary.

McKinney-Vento Homeless Education Assistance Act, § 722, as reauthorized by the Every Student Succeeds Act (ESSA) of 201529 CFR § 1910.1450Education Law §§ 305(31), 1709, and 25038 NYCRR Part 18521 NYCRR Parts 1401, 9760

Adopted: 6/13/22

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1331 Duties of the District Clerk

The District Clerk will be appointed by the Board at its Annual Organizational Meeting and will serve for a period of one year. The Clerk’s duties include the following:

  1. Attending all meetings of the Board, keeping a record of its proceedings, and recording, by name, those in attendance;
  2. Preparing Board meeting minutes, obtaining approval of the minutes by the Board at the next meeting, signing the minutes to signify their official standing, and forwarding copies of the minutes to each Board member;
  3. Sending notices of special meetings to Board members; contacting and communicating with members as required;
  4. Ensuring that the proper legal notices and announcements are published on all specifications and items out on bid, in accordance with state law;
  5. Maintaining an up-to-date record of Board policies and bylaws;
  6. Delivering to, and collecting from, the President (or Vice President) papers for signature as may be necessary;
  7. Distributing notices to the public announcing availability of budget copies to be presented at the Annual District Meeting in compliance with the requirements of the State Education Law;
  8. Administering oaths of office;
  9. Giving written notice of appointment to persons appointed as inspectors of election;
  10. Calling all meetings to order in the absence of the President and Vice President; and
  11. Assuming other duties customary to the office.

The above duties of the District Clerk are not intended to be complete, but should serve as a guide in undertaking the duties of this office. The District Clerk will perform other duties as may be assigned from time to time by the Board.

Education Law § 2121

Public Officers Law §§ 10 and 104

Adopted: 6/13/22

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1332 Duties of the District Treasurer

The Treasurer is appointed by the Board at the Annual Organizational Meeting and will be covered by a blanket bond. In addition to the routine duties of accounting, filing, posting, and preparing reports and statements concerning District finances, the District Treasurer will perform other specific tasks as follows:

  • a) Acts as custodian of all moneys belonging to the District and lawfully deposits these moneys in the depositories designated by the Board;
  • b) Pays all authorized obligations of the District as directed, including payments of bond principal and interest;
  • c) Maintains proper records and files of all checks, and approved payment of bills and salaries;
  • d) Makes all such entries and posts to all such financial ledgers, records and reports, including bond and note registers, as may be properly required to afford the District an acceptable and comprehensive financial accounting of the use of its moneys and financial transactions;
  • e) Signs all checks drawn on District fund accounts provided that the District’s Claims Auditor has attested to the authority to issue the check based upon proper evidence of a charge against the District’s funds;
  • f) Safeguards either his or her electronic signature and/or the check-signing machine and signature plate, personally overseeing all preparation of checks;
  • g) Assumes other duties customary to the office.

Education Law §§ 2122, 2130, and 2523

Local Finance Law §§ 163 and 165

8 NYCRR §§ 170.2(g), 170.2(o), and 170.2(p)

9 NYCRR § 540.4

Adopted: 6/13/22

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1333 Duties of the Tax Collector

Tax Collector Appointed by the Board

The Tax Collector is appointed annually by the Board and will be covered by a bond. It is the responsibility of the District Tax Collector to perform the following duties:

  • a) Prepares and mails tax notices;
  • b) Uses suitable printed tax receipt forms as prescribed by the State Tax Commission;
  • c) Collects taxes in the amount of the warrant, upon the issuance of the tax warrant by the Board and penalty fees in accordance with the terms of the warrant;
  • d) Turns over daily to the District Treasurer all money collected by virtue of any tax list and warrant issued;
  • e) Submits a report, certified by him or her to the Board, showing the amount of taxes and fees collected along with the unpaid listing. The combination of taxes collected and uncollected must equal the amount of the warrant;
  • f) Turns over to the County Treasurer, prior to November 15, a list of unpaid taxes;
  • g) Carries out any other duties of the position as prescribed in Education Law, Real Property Tax Law, or as established by the Commissioner’s regulations.

Education Law §§ 2126, 2130, and 2506

General Municipal Law Article 5-G

Real Property Tax Law §§ 578(2), 922, 924, 1322, 1330, and 1338

8 NYCRR § 170.2

Approved: 6/13/22

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1334 Duties of the External (Independent) Auditor

The Board by law must obtain an annual audit of its records by an independent certified public accountant (CPA) or an independent public accountant (PA). The audit must also include all extraclassroom activity funds. The independent accountant will present the report of the annual audit to the Board. The Board will adopt a resolution accepting the audit report and file a copy of the resolution with the Commissioner. The District will also file the audit report with the Commissioner for a specific school year by October 15 of the following school year. In addition to the annual audit, the District is subject to state audits conducted by the State Comptroller.

The independence and objectivity of the auditor may be enhanced when the Board and Audit Committee perform an oversight role with respect to the hiring and performance of the auditor, as required by law. Similarly, no audit engagement will be for a term longer than five consecutive years. The District, may, however, permit an independent auditor engaged under an existing contract for those services to submit a proposal for those services in response to a request for competitive proposals or be awarded a contract to provide those services under a request for proposal process.

Duties and Responsibilities

The independent auditor must conduct the audit in accordance with Generally Accepted Government Auditing Standards (GAGAS) issued by the Comptroller General of the United States. Standards of GAGAS are organized as general, fieldwork, and reporting.

Below are some important considerations the District will expect of the auditor in preparing the audit; however, they should not be considered all-inclusive or a substitute for the auditor’s professional judgment.

  • a) Independence: The auditor must document that he or she is independent of the District and free of personal and external impairments. The auditor must establish an internal quality control system to identify any personal and external impairment and assure compliance with GAGAS independence requirements.
  • b) Internal Quality Control System: The auditor must document that his or her internal quality control processes adequately demonstrate compliance with government auditing standards. He or she must establish an organizational structure, policies, and procedures to provide reasonable assurance of complying with applicable standards governing audits.
  • c) Internal Controls: The auditor must obtain a sufficient understanding of the District’s internal controls and document such understanding covering the five interrelated components: the control environment, risk assessment, control activities, information and communication, and monitoring.
  • d) Planning and Supervision: The auditor’s work is to be properly planned and supervised and will consider materiality and/or significance in order to provide reasonable assurance of detecting misstatements resulting from direct and illegal acts and irregularities to financial statements. The auditor should also be aware of the possibility that indirect illegal acts may have occurred.
  • e) Audit documentation: In order to meet the GAGAS requirements, the audit documentation should provide a clear understanding of its purpose, the source, and the conclusions the auditor reached. It should be organized to provide a clear link to the findings, conclusions, and recommendations contained in the audit report.
  • f) Reporting on Internal Controls and Compliance: The auditor must report on and present the results of his or her testing of the District’s compliance with laws and regulations and its internal controls over financial reports in light of irregularities, illegal acts, other material noncompliance, significant deficiencies, and material weaknesses in internal controls.

Generally Accepted Government Auditing Standards (GAGAS) §§ 3.50-3.54, 4.03, 4.19-4.24, and 5.07-5.20

Education Law §§ 1709 (20-a) and 2116-a

General Municipal Law §§ 33 and 104-b

8 NYCRR §§ 170.2, 170.3, and 170.12

Adopted: 6/13/22

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1335 Appointment and Duties of the Claims Auditor

The Board will appoint a Claims Auditor to examine all claims. This auditor will determine whether the amounts claimed are actual and necessary expenditures, if the goods or services were actually received, whether the District official or employee was authorized to incur the obligation, and if the claims are supported with adequate evidence. Support may include itemized documentation, a thorough description of the goods or services, and detailed receipts and invoices. The Claims Auditor will ensure that each claim is legitimate, mathematically correct, does not exceed any available appropriation within the applicable budget code, and is made in accordance with District policy, purchasing order, or contract before authorizing payment. This auditor will certify that he or she audited each claim listed on the claims warrant to authorize the Treasurer to pay. The Treasurer should compare the signed checks to the certified warrant to verify accuracy and consistency before issuing payment.

The Claims Auditor will report directly to the Board on a monthly basis. The Board may require that the Claims Auditor report to the Clerk of the District, Clerk of the Board, or to the Superintendent for administrative matters such as workspace, time, and attendance.

The Board may adopt a resolution establishing the office of Deputy Claims Auditor to act as the Claims Auditor in the absence of the Claims Auditor. The Board may, by resolution, abolish the position of Deputy Claims Auditor at any time. The same eligibility requirements and qualifications that apply to a Claims Auditor apply to the Deputy Claims Auditor.

Qualifications

The Claims Auditor must have the necessary knowledge and skills to effectively audit claims, including experience with purchasing, bidding, and claims. The Claims Auditor must be bonded or included in the District’s blanket undertaking, before assuming his or her duties.

The Claims Auditor should not be:

  • a) A member of the Board;
  • b) The Clerk or Treasurer of the Board;
  • c) The Superintendent or District official responsible for business management;
  • d) The Purchasing Agent;
  • e) Clerical or professional personnel directly involved in District accounting and purchasing functions or under the direct supervision of the Superintendent;
  • f) The individual or entity responsible for the internal audit function (the Internal Auditor);
  • g) The External (Independent) Auditor responsible for the external audit of the financial statements;
  • h) A close or immediate family member of an employee, officer, or contractor providing services to the District. A close family member is a parent, sibling, or nondependent child; an immediate family member is a spouse, spouse equivalent, or dependent (whether or not related).

The Claims Auditor is not required to be a resident of the District and will be classified in the civil service exempt class.

Delegation of the Claims Audit Function

The Board may delegate the claims audit function by using inter-municipal cooperative agreements, shared services through a Board of Cooperative Educational Services, or independent contractors, provided that the individual, organization, or entity:

  • a) Has no other responsibilities related to the business operations of the District;
  • b) Has no interest in any other contracts with, and does not provide any goods or services to, the District; and
  • c) Is not a close or immediate family member of anyone who has responsibilities related to District business operations, or has an interest in any other contracts with the District.

The Board remains ultimately responsible for auditing all claims.

Education Law §§ 1604(35), 1709(20-a), 2526, and 2554(2)

8 NYCRR § 170.12(c)

Adopted: 6/13/22

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1336 Duties of the Extraclassroom Activity Fund Central Treasurer and Faculty Auditor

Extraclassroom Activity (ECA) Central Treasurer

The ECA Central Treasurer is appointed by the Board and has custody of all ECA funds. The ECA Central Treasurer’s duties include, but are not limited to:

  • a) Disbursing ECA funds by means of prenumbered check forms upon receipt of a payment order signed by the student Activity Treasurer and faculty advisor of the ECA, provided that there are sufficient funds in the account;
  • b) Signing all checks disbursing ECA funds;
  • c) Providing completed checks disbursing ECA funds to the student Activity Treasurer of the ECA;
  • d) Signing a receipt for all ECA funds placed into his or her custody and depositing those funds promptly into a bank designated by the Board;
  • e) Maintaining a record of the receipts and disbursements of each individual ECA account and of all the ECA accounts combined;
  • f) Verifying bank statements and preparing a reconciliation of cash balances and ECA accounts to be forwarded to the Faculty Auditor monthly;
  • g) Submitting to the Board a financial report relating to the receipts and expenditures for all ECA accounts on a quarterly basis; and
  • h) Reporting to the Board or its designee regularly and independently of the Faculty Auditor.

Faculty Advisor

The Faculty Auditor is appointed by the Board. The Faculty Auditor’s duties include, but are not limited to:

  • a) Examining the statements of accounts from the ECA Central Treasurer monthly;
  • b) Auditing the ledgers kept by the student Activity Treasurer(s) at least twice a year on a rotating basis, and reconciling these ledgers with the ECA Central Treasurer’s records;
  • c) Examining transactions and paperwork to determine if correct procedures
  • d) Certifying the accuracy of entries posted and available balances listed;
  • e) Investigating any instances when the ECA Central Treasurer’s report and the student Activity Treasurer’s ledgers do not agree;
  • f) Assembling, at the end of the school year, the monthly reports and preparing a composite report listing the financial condition of each ECA account for the full school year; and
  • g) Reporting to the Board or its designee regularly and independently of the ECA Central Treasurer.

8 NYCRR Part 172

NYSED Finance Pamphlet, The Safeguarding, Accounting, and Auditing of Extraclassroom Activity Funds, Revised 2019

Adopted: 6/13/22

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1337 Duties of the School Attorney

The Board will appoint a school attorney to provide legal counsel to the District. The school attorney’s duties may include:

  • a) Providing legal representation to the District in proceedings before courts and administrative agencies;
  • b) Providing legal opinions as requested by the Board or its agents, and consistent with any agreement between the District and the school attorney;
  • c) Providing counsel in matters related to due process hearings; and/or
  • d) Such other duties as are consistent with law and the scope of the school attorney’s representation.

Adopted: 6/13/22

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1338 Duties of the School Physician/Nurse Practitioner

The school physician or nurse practitioner will be appointed by the Board. The duties of the school physician or nurse practitioner will include, but are not limited to, the following:

  • a) Performing professional medical services in the examination and care of school children;
  • b) Performing routine examinations of school children to detect the presence of contagious diseases and physical defects;
  • c) Serving as an on-call member on the Committee on Special Education, Committee on Preschool Special Education, and Section 504 Committee;
  • d) Reporting to the Board on school health services;
  • e) Coordinating scheduling for physical examinations to all students participating in interscholastic athletics;
  • f) Providing final medical clearance for a return to extra class athletic activities for all students who have or are believed to have sustained a mild traumatic brain injury (concussion);
  • g) Developing the program of health service in accordance with policies approved by the Board and as directed by the Superintendent;
  • h) Conducting physical exams for all bus drivers and substitute bus drivers prior to employment and annually thereafter;
  • i) Conducting a medical evaluation on any employee at the request of the Board.

8 NYCRR § 136.5

Education Law §§ 902, 913, and 6902

Adopted: 6/13/22

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1410 Policy and Administrative Regulations

The formulation and adoption of written policies will constitute the basic method by which the Board will exercise its leadership in the operation of the District. The Superintendent will act as an advisor to the Board in adopting and approving of written Board policies. The Board will seek input from staff and the community where appropriate. These written Board policies will govern the operation of the District.

The adoption of a written policy will occur only after the proposal has been moved, discussed, and voted on affirmatively at two separate meetings of the Board (i.e., the “first reading” and the “second reading”). The policy draft may be amended at the second meeting. By a majority vote, the Board may waive the “second reading” and complete the adoption of the proposed policy at its “first reading.”

Board action is also necessary for revising policies that require amendment or rescinding policies that are no longer relevant or applicable to the District.

The formal adoption, amendment, or deletion of written Board policy will be recorded in the official minutes of the Board. This written Board policy will govern the conduct and affairs of the District and will be binding upon the members of the educational community in the District.

It will be the Board’s responsibility to keep its written policies up-to-date so that they may be used consistently as a basis for Board action and administrative decision. The Superintendent is given the continuing commission of calling to the Board’s attention all policies that are out-of-date or for other reasons appear to need revision.

Execution of Policy: Administrative Rights

The Board will delegate to the Superintendent the function of specifying required actions and designing the detailed arrangements under which the schools will be operated. These rules and detailed arrangements will constitute the administrative regulations governing the schools, and they will be consistent with the policies adopted by the Board. The Board will be kept informed periodically of changes in administrative regulations.

Education Law §§ 1604(9), 1709(1), 1709(2), and 2503(2)

Adopted: 6/13/22

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1510 Regular Board Meetings and Rules (Quorum and Parliamentary Procedure)

All Board meetings will be open to the public except those portions that are executive sessions. The Board will make reasonable efforts to ensure that all meetings are held in an appropriate facility that can adequately accommodate all members of the public who wish to attend. The Superintendent will attend all Board meetings. Members of the Superintendent’s staff may attend Board meetings at the Superintendent’s discretion. The Board may also request that additional people attend.

Regular Board meetings will take place on the day and time designated by the Board at the Annual Organizational Meeting, except as modified. Any Board meeting may be adjourned to a future date and time if approved by a majority of the Board present. Further, if a meeting date falls on a legal holiday, interferes with other area meetings, or Board member attendance will be less than a quorum, the Board will select a date for a postponed meeting at the prior regular meeting, and it will direct the District Clerk to notify all members. The District Clerk will provide the Board members written notice of the time of and agenda for each regular meeting before the meeting.

When the Board schedules a meeting on at least one week’s notice, it will give or electronically transmit public notice of the time and place to the news media and conspicuously post the notice in one or more designated public locations at least 72 hours before the meeting. Notice of other meetings will be given or electronically transmitted, to the extent practicable, to the news media and conspicuously posted at one or more designated public locations at a reasonable time before the meeting. When the Board has the ability to do so, it will conspicuously post meeting notices on the District’s website. If a meeting is streamed live over the Internet, the notice will inform the public of the website’s Internet address.

The Superintendent will prepare the meeting agenda during the week before the meeting and review it with the Board President. The agenda will then be distributed to Board members no later than the Friday before the regular meeting. The President or other Board members will submit requests to place matters on the agenda to the Superintendent. Whenever individuals or groups wish to bring a matter to the attention of the Board, they will submit a written request to the Superintendent.

District records available to the public under the Freedom of Information Law, as well as any proposed resolution, rule, regulation, policy, or amendment scheduled to be discussed at a Board meeting will be made available upon request, to the extent practicable, at least 24 hours before the meeting. Copies of these records may be made available for a reasonable fee. These records will be posted on the District’s website, to the extent practicable, at least 24 hours before the meeting.

Using Videoconferencing to Conduct Board Meetings

If videoconferencing is used to conduct a Board meeting:

  • a) The Board will provide an opportunity for the public to attend, listen, and observe the meeting at any location where a Board member is participating; and
  • b) The public notice for the meeting will inform the public that videoconferencing will be used, identify the locations for the meeting, and state that the public has the right to attend the meeting at any of the locations.

Voting may be done through videoconferencing provided that Board members can be both seen and heard voting and participating from remote locations.

Extraordinary Circumstances

In extraordinary circumstances, the Board may, in its discretion, permit Board members to participate in a Board meeting remotely by videoconference from locations that are not open to the public. For purposes of this policy, this is referred to as extraordinary circumstances videoconferencing.

However, in order for the Board to utilize extraordinary circumstances videoconferencing, the following conditions must be met:

  • a) The District must maintain an official website.
  • b) The Board must have adopted a resolution, following a public hearing, authorizing the use of extraordinary circumstances videoconferencing:
    • 1. For itself and its committees or subcommittees; or
    • 2. Specifying that each committee or subcommittee may make its own determination.
  • c) The Board must have established written procedures governing Board member and public attendance at meetings where extraordinary circumstances videoconferencing is being used that are consistent with law and those procedures must be conspicuously posted on the District’s website.
  • d) Board members must only participate in meetings remotely from locations that are not open to the public in an extraordinary circumstance. How the Board defines extraordinary circumstances must be set forth in the Board’s resolution and written procedures related to extraordinary circumstances videoconferencing. Extraordinary circumstances may include disability, illness, caregiving responsibilities, or other significant or unexpected factor or event which precludes the Board member’s physical attendance at a meeting. Except for an extraordinary circumstance, Board members must be physically present at meetings unless a state disaster emergency has been declared or a local state of emergency has been proclaimed and the Board has determined that the circumstances necessitating the emergency declaration would affect or impair the ability of the Board to hold an in-person meeting.
  • e) At the meeting where extraordinary circumstances videoconferencing is being used:
    • 1. The public must be able to attend, listen, and observe the meeting in at least one physical location at which a Board member is participating.
    • 2. A minimum number of Board members must be present to fulfill the quorum requirement in the same physical location or locations where the public can attend.
    • 3. Except in the case of executive sessions, Board members must be able to be heard, seen, and identified while the meeting is being conducted, including, but not limited to, any motions, proposals, resolutions, and any other matter formally discussed or voted upon.
    • 4. The minutes of the meeting must include which, if any, Board members participated remotely and must be made available in accordance with law.
    • 5. The public notice must inform the public that: videoconferencing will be used; where the public can view and/or participate in the meeting; where required documents and records will be posted or available; and identify the physical location(s) for the meeting where the public can attend.
    • 6. The meeting must be recorded. The recordings must be posted or linked on the District’s website within five business days following the meeting, and must remain available for a minimum of five years thereafter. Upon request, these recordings must be transcribed.
    • 7. The Board must provide the opportunity for the public to view the meeting via video, and to participate in proceedings via videoconference in real time where public comment or participation is authorized and must ensure that videoconferencing authorizes the same public participation or testimony as in person participation or testimony.
    • 8. The Board must utilize technology to permit access by individuals with disabilities consistent with the 1990 Americans with Disabilities Act, as amended, and corresponding guidelines.

Recording Meetings

The Board allows public meetings to be photographed, broadcast, webcast, or otherwise recorded and/or transmitted by means of audio or video, in a non-disruptive manner, and it supports the use of this technology to facilitate the open communication of public business.

Quorum

The quorum for any Board meeting is four members. No formal action will be taken at any meeting where a quorum is not present. Unless otherwise required by law, official action will only be taken by approval of the majority of the full Board.

Use of Parliamentary Procedure

The Board will use pertinent portions of the latest edition of Robert’s Rules of Order to conduct its business.

Public Comment

The Board encourages courteous and respectful public comment at Board meetings. All speakers must conduct themselves in a civil manner. Obscene language, harassing language, defamatory statements, and threats of violence are prohibited. All participants are required to comply with the District Code of Conduct.

The Board will designate a specific portion of its meeting agenda for public comment for a period of up to 30 minutes on agenda items only. The public is not permitted to discuss topics unrelated to the District, matters unrelated to the agenda, and/or matters involving specific individuals. Each speaker will be allowed up to three minutes. The Board may request, but will not require, speakers identify themselves. The Board is not required to allow speakers to cede their remaining time to other speakers. Written comments may be directed to the Board.

If there are a large number of individuals who want to address the Board, the Board President may limit the number of repetitive comments being made so that the time limit on public comment is not exceeded.

If individuals engage in disruptive or unruly behavior during the meeting, the Board President will remind the audience of this policy and the requirement to conduct themselves in a civil manner and comply with the District Code of Conduct. The Board President may call for the removal of disruptive or unruly individuals from the meeting. When appropriate, law enforcement may be called to remove disruptive or unruly individuals. In some instances, individuals engaging in disruptive or unruly behavior may be subject to criminal sanctions.

These rules apply to residents and nonresidents equally.

Education Law §§ 1708, 2504, and 2801

General Construction Law § 41

Penal Law § 240.20

Public Officers Law Article 7

8 NYCRR § 100.2

NOTE: Refer also to Policies:

Adoption Date: 6/13/22

Revised: 12/18/23

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1520 Special Meetings of the Board

Any member of the Board may call for a special meeting. A reasonable and good-faith effort will be made by the Superintendent or the Board President, as the case may be, to give every member of the Board 24-hours’ notice of the time, place, and purpose of the meeting. In an emergency, however, the members may waive the 24-hour notice requirement.

All special meetings will be held at a regular meeting place of the Board and in accordance with all applicable provisions of the Open Meetings Law. Public notice of the time and place will be given, to the extent practicable, to the news media, and it will be conspicuously posted in one or more designated public locations at a reasonable time before the meeting.

Education Law § 1606(3)

Public Officers Law §§ 103 and 104

NOTE: Refer also to Policy #1510 — Regular Board Meetings and Rules (Quorum and Parliamentary Procedure)

Adopted: 6/13/22

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1530 Minutes

The minutes are a legal record of the activities of the Board as a public corporation having the specified legal purpose of maintaining public schools. The minutes of all meetings will be kept by the Clerk or, in his or her absence, by the Superintendent or designee. The minutes will be complete and accurate, and maintained in accordance with law, and posted on the District website. However, minutes of executive sessions need not include any matter which is not required to be made public by the Freedom of Information Law (FOIL).

The minutes of each meeting of the Board will state:

  • a) The type of meeting;
  • b) The date, time of convening, and adjournment;
  • c) Board members present and absent;
  • d) Board members’ arrival and departure time, if different from opening or adjournment times;
  • e) All action taken by the Board, including a record or summary of all motions, proposals, resolutions, and other matters formally voted upon, with evidence of those voting in the affirmative and the negative, and those abstaining.

All Board minutes must be signed by the District Clerk when approved and maintained in accordance with law. Unless otherwise provided by law, minutes will be available to the public within two weeks following the date of a meeting; draft copies, so marked, are acceptable, subject to correction.

Minutes of Executive Sessions

Minutes will be taken at executive sessions of any action that is taken by formal vote. The minutes will consist of a record or summary of the final determination of the action, the date, and the vote. However, this summary need not include any matter which is not required to be made public by the FOIL.

If action is taken by a formal vote in executive session, minutes will be available to the public within one week of the date of the executive session.

Education Law §§ 2121 and 3020-a

Public Officers Law §§ 103 and 106

Adopted: 6/13/22

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1540 Executive Sessions

Upon a majority vote of its total membership, taken in an open meeting in accordance with a motion identifying the general area or areas of the subject or subjects to be considered, the Board may conduct an executive session for discussion of the below listed purposes only, provided, however, that no action by formal vote will be taken except on an Education Law Section 3020-a probable cause finding. For all other purposes, the action by formal vote will be taken in open meeting and properly recorded in the minutes of the meeting. Attendance at an executive session will be permitted to any Board member and any persons authorized or requested to attend by the Board. The Superintendent will attend all executive sessions except those that concern his or her evaluation, employment, or salary.

  • a) Matters that will imperil the public safety if disclosed;
  • b) Any matter that may disclose the identity of a law enforcement agent or informer;
  • c) Information relating to current or future investigation or prosecution of a criminal offense that would imperil effective law enforcement if disclosed;
  • d) Discussions regarding proposed, pending or current litigation;
  • e) Collective negotiations pursuant to Civil Service Law Article 14;
  • f) Medical, financial, credit, or employment history of any particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of any particular person or corporation;
  • g) Preparation, grading, or administration of examinations;
  • h) Proposed acquisition, sale, or lease of real property or the proposed acquisition of securities, or sale or exchange of securities, but only when publicity would substantially affect the value.

Motions for executive sessions should state the subject or subjects to be discussed in executive session. It is insufficient to merely recite statutory language.

Matters discussed in executive sessions must be treated as confidential.

Education Law §§ 1708(3) and 3020-a

Public Officers Law Article 7

Adopted: 6/13/22

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1610 Annual District Meeting and Election/Budget Vote

The Annual District Meeting and Election/Budget Vote for the District will be held on the third Tuesday in May. At this time, the District’s registered voters will elect members of the Board and will also vote on the District Budget for the upcoming school year. However, in the event that the third Tuesday in May conflicts with a religious holiday, the Board may petition the Commissioner of Education to obtain permission to hold the Annual Meeting and Election/Budget Vote on the second Tuesday in May. This request from the Board must be certified and received by the Commissioner no later than March 1.

In the event that a school budget revote is necessary, it will be held on the third Tuesday of June. However, in the event that the third Tuesday of June conflicts with a religious holiday, the Board may petition the Commissioner of Education to obtain permission to hold the budget revote on the second Tuesday in June. This request from the Board must be certified and received by the Commissioner no later than March 1.

The District Clerk will give notice of the time and place of holding the Annual Meeting and Election/Budget Vote by publishing this notice four times within seven weeks preceding the meeting. The first publication of the notice must be at least 45 days prior to the meeting. This notice must appear in two newspapers, if there are two newspapers which have a general circulation within the District, or one newspaper, if there is one newspaper with a general circulation within the District. The notice must also contain any other information as required by law.

Copies of the proposed annual operating budget for the succeeding year to be voted upon at the Annual Meeting and Election will be available to District residents, on request, in each District school building during certain designated hours on each day other than a Saturday, Sunday, or holiday during the 14 days preceding the Annual Meeting. The availability of this budget information will be included in a legal notice of the Annual Meeting; and the copies of the proposed budget will also be available to District residents at the time of the Annual Meeting and Election.

Education Law §§ 1608, 1716, 1804(4), 1906(1), 2003(1), 2004(1), 2007(3), 2017(5), 2017(6), 2022(1), 2504, and 2601-a(2)

NOTE: Refer also to Policy #1640 — Absentee Ballots

Adopted: 6/13/22

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1611 Business of the Annual District Election

The Board will appoint a qualified voter as chairperson of the Annual District Meeting and Election/Budget Vote.

The chairperson will call the Annual District Meeting to order and proceed to the following order of business:

  • a) Designate the District Clerk as clerk of the election and assistant clerks;
  • b) Designate tellers and/or inspectors of election as previously appointed by the Board;
  • c) Read the notice of call of the election by the Clerk;
  • d) Open the voting process, whether by machine or paper ballot;
  • e) Close the voting process;
  • f) Receive the Clerk’s report of the election results;
  • g) Adjourn.

Education Law §§ 1716, 2025, and 2601-2613

Adopted 6/13/22

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1620 Annual Organizational Meeting

The Annual Organizational Meeting of the Board will be held on the first Tuesday in July of each year, unless that day is a legal holiday, in which event it will be held on the first Wednesday in July.

The Board may pass a resolution, however, to hold its Annual Organizational Meeting at any time during the first 15 days of July.

Officers

The meeting will be called to order by the District Clerk, who will act as a Temporary Chairperson. The Board will proceed to the election of a President. The President will then take the chair. The Board will then elect a Vice President. Election will be by a majority vote.

Oath of Office

The District Clerk will administer the Oath of Office to the newly elected officers and new members of the Board.

Education Law §§ 1701, 1706, 1707, 1709, 2109, 2502(9), and 2504(1)

Adopted: 6/13/22

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1630 Legal Qualifications of Voters at District Meetings

A person will be entitled to register and vote at any school meeting for election of members of the Board, and upon all matters which may be brought before such meeting, who is:

  • a) A citizen of the United States;
  • b) Eighteen years of age or older;
  • c) A resident within the District for a period of 30 days preceding the next meeting at which he or she offers to vote.

Any person who would not be qualified to register or vote under the provisions of Election Law Sections 5-100 and 5-106 will not have the right to register for or vote in an election.

Education Law §§ 2012, 2014, 2025, and 2603

Election Law Article 5

Adopted: 6/13/22

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1640 Absentee Ballots

The Board authorizes the District Clerk or a Board designee to provide absentee ballots to qualified District voters. Absentee ballots will be used for the election of Board members and District public library trustees, the adoption of the annual budget, and District public library budget and referenda.

A District voter must request in advance an application for an absentee ballot. The voter must complete the application and state the reason they will not be able to appear in person on the day of the District election/vote for which the absentee ballot is requested. The application must be received by the District Clerk or Board designee at least seven days before the election/vote if the ballot is to be mailed to the voter, or the day before the election/vote if the ballot is to be delivered personally to the voter.

An absentee ballot will also be mailed to every qualified District voter otherwise eligible for an absentee ballot who sends a signed letter requesting an absentee ballot which states the address of the voter to the District Clerk or Board designee. The signed letter must be received by the District Clerk or Board designee not earlier than the thirtieth day before the election/vote and at least seven days before the election/vote. Enclosed with the absentee ballot will be an application form for the absentee ballot. The absentee ballot will not be counted unless a valid application form is enclosed with the ballot. 

A qualified District voter is eligible to vote by absentee ballot if they are unable to appear to vote in person on the day of the District election/vote because they:

  • A) Are or will be a patient in a hospital, or are unable to appear personally at the polling place on the day of the election/vote because of illness or physical disability;
  • b) Have duties, occupation or business responsibilities, or studies which require being outside of the county or city of residence on the day of the District election/vote;
  • c) Will be on vacation outside of the county or city of residence on the day of the District election/vote;
  • d) Will be absent from their voting residence due to detention in jail awaiting action by a grand jury or awaiting trial or is confined in prison after conviction for an offense other than a felony; or
  • e) Will be absent from the District on the day of the District election/vote by reason of accompanying spouse, parent, or child who is or would be, if they were a qualified voter, entitled to apply for the right to vote by absentee ballot.

Statements on the application for an absentee ballot must be signed and dated by the voter.

A voter’s absentee ballot must reach the Office of the District Clerk or Board designee not later than 5 p.m. on the day of the election/vote in order that their vote may be canvassed.

Qualified District voters who are unable to personally appear at the polling place because of a permanent illness or physical disability and whose registration record has been marked “permanently disabled” pursuant to law are entitled to receive an absentee ballot without application if they have previously applied for an absentee ballot. 

A list of all persons to whom absentee ballots have been issued will be maintained in the Office of the District Clerk or Board designee and made available for public inspection during regular office hours until the day of the election/vote. Any qualified voter may, upon examination of this list, file a written challenge of the qualifications as a voter of any person whose name appears on this list, stating the reason for the challenge. A challenge to an absentee ballot may not be made on the basis that the voter should have applied for an early mail ballot. The written challenge will be transmitted by the District Clerk or Board designee to the election inspectors on the day of the District election/vote. 

Military Ballots

The Board authorizes the District Clerk or a Board designee to provide military ballots to military voters to be used for the election of Board members and District public library trustees, the adoption of the annual budget, and District public library budget and referenda.

A military voter is:

  • a) A qualified voter of New York State who:
    • 1. Is in actual military service and, by reason of that military service, is absent from the District on the day of registration or election; or
    • 2. Is discharged from that military service within thirty days of an election; or
  • b) A spouse, parent, child, or dependent of the previously described voter, accompanying or being with that voter, if a qualified voter of New York State and a resident of the District.

A military voter may designate a preference to receive a military ballot application or a military ballot by mail, fax, or email. This designation will remain in effect until revoked or changed by the military voter. If a military voter does not designate a preference, a military ballot application or a military ballot will be provided to the military voter by mail.

Military ballots will be distributed as soon as practicable, but no later than 25 days before the election/vote.

Three days before the first day for distribution of military ballots, the names of all candidates duly nominated for public office and the amendments, referenda, propositions, and questions to be voted for on the ballots will be determined. If, at a later date, the nomination of any candidate named on a military ballot is found invalid, the ballot will still be valid, but no vote for the invalid candidate will be counted in the election/vote.

A voter’s military ballot must be received by the Office of the District Clerk or Board designee not later than 5 p.m. on the day of the election/vote in order that their vote may be canvassed at which point the military ballot will be processed in the same manner as absentee ballots.

All military ballot applications and military ballots must be returned by mail or in person.

Early Mail Ballots

The Board authorizes the District Clerk or a Board designee to provide early mail ballots to qualified District voters. Early mail ballots will be used for the election of Board members and District public library trustees, the adoption of the annual budget, and District public library budget and referenda.

A District voter must request in advance an application for an early mail ballot. The voter must complete the application. The application must be received by the District Clerk or Board designee at least seven days before the election vote if the ballot is to be mailed to the voter, or the day before the election/vote, if the ballot is to be delivered personally to the voter. 

An early mail ballot will also be mailed to every qualified District voter otherwise eligible for an early mail ballot who sends a signed letter requesting an early mail ballot which states the address of the voter to the District Clerk or Board designee. The signed letter must be received by the District Clerk or Board designee not earlier than the thirtieth day before the election/vote and at least seven days before the election/vote. Enclosed with the early mail ballot will be an application form for the early mail ballot. The early mail ballot will not be counted unless a valid application form is enclosed with the ballot. 

Any qualified District voter is eligible to vote by early mail ballot. 

Statements on the application for an early mail ballot must be signed and dated by the voter. 

A voter’s early mail ballot must reach the Office of the District Clerk or Board designee not later than 5 p.m. on the day of the election/vote in order that their vote may be canvassed.

A list of all persons to whom early mail have been issued will be maintained in the Office of the District Clerk or Board designee and made available for public inspection during regular office hours until the day of the election/vote. Any qualified voter may, upon examination of this list, file a written challenge of the qualifications as a voter of any person whose name appears on this list, stating the reason for the challenge. A challenge to an early mail ballot may not be made on the basis that the voter should have applied for an absentee ballot. The written challenge will be transmitted by the District Clerk or Board designee to the election inspectors on the day of the District election/vote.

Education Law Sections 2014, 2018-a, 2018-b, 2018-d, 2018-e, 2018-f, and 2613

8 NYCRR Part 122

Adopted: 6/13/22

Revised:  5/13/2024

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1650 Submission of Questions and Propositions at the Annual Meeting and Election and Special District Meeting

Questions and Propositions at the Annual Meeting and Election

The following rules and regulations will apply to the submission of questions or propositions at the annual meeting and election of this District:

  • a) Questions or propositions must be submitted by petition directed to the District Clerk and must be signed by 25 qualified voters, or 5% of the registered voters of the District who voted in the previous annual election of Board members, whichever is greater.
  • b) A separate petition will be required for each question or proposition.
  • c) Each petition must be filed with the District Clerk. Petitions relating to an Annual Election must be filed not later than 60 days preceding the election at which the question or proposition is to be voted upon.
  • d) Questions or propositions submitted in accordance with these rules and accepted will be printed on the ballot. The District, however, retains the right to reject petitions as permitted by law, including, but not limited to, instances where the petitions are advisory in nature or beyond the power of the voters.
  • e) The Board will cause the rules and regulations set forth in this policy to be distributed within the District.
  • f) Nothing in this policy affects the nominations of candidates as set forth in the Annual District Election notice in accordance with Education Law Section 2018.

Questions or Propositions to be Submitted at Special District Meetings

The procedure for requesting the Board to call a Special District Meeting to vote on a question or proposition will be in accordance with Education Law.

Education Law §§ 1703, 2008, 2018, 2035(2), and 2601-a

Adopted: 6/13/22

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Harrisville Board of Education Policy Manual