Collinsville School Disrtict 10: Board Policy Manual: Section 2: School Board

If a majority of the Board determines that a Board member has willfully failed to perform his or her official duties, it may request the Regional Superintendent to remove such member from office.

Elective office of a School Board member becomes vacant before the term’s expiration when any of the following occurs:

Whenever a vacancy occurs, the remaining members shall notify the Regional Superintendent of Schools of that vacancy within 5 days after its occurrence and shall fill the vacancy until the next regular school board election, at which election a successor shall be elected to serve the remainder of the unexpired term. However, if the vacancy occurs with less than 868 days remaining in the term, the person so appointed shall serve the remainder of the unexpired term, and no election to fill the vacancy shall be held. Members appointed by the remaining members of the Board to fill vacancies shall meet any residential requirements as specified in The School Code. The Board shall fill the vacancy within 45 days after it occurred by a public vote at a meeting of the Board.

Immediately following a vacancy on the School Board, the Board will publicize it and accept resumes from District residents who are interested in filling the vacancy. After reviewing the applications, the Board may invite the prospective candidates for personal interviews to be conducted during duly scheduled closed meetings.

Each School Board member, before taking his or her seat on the Board, shall take the following oath of office:

The Board President will administer the oath in an open Board meeting; in the absence, of the President, the Vice President will administer the oath. If neither is available, the Board member with the longest service on the Board will administer the oath.

The Board adopts the Illinois Association of School Boards’ “Code of Conduct for Members of School Boards.” A copy of the Code shall be displayed in the regular Board meeting room.

CROSS REF.: 1:30 (School District Philosophy), 2:20 (Powers and Duties of the School Board), 2:50 (Board Member Term of Office, 2:210 (Organizational School Board Meeting)

Each member of the Collinsville Community Unit School District #10 Board of Education ascribes to the following code of conduct:

In addition, I shall encourage my Board of Education to pursue the following goals:

No School Board member shall have a beneficial interest directly or indirectly in any contract, work, or business of the District unless permitted by The School Code and the Public Officer Prohibited Activities Act.

Board members must annually file a "Statement of Economic Interests" as required by the Illinois Governmental Ethics Act. Each Board member is responsible for filing the statement with the county clerk of the county in which the District's principal office is located by May 1st.

No School Board member shall solicit or accept a gift that he or she has reason to believe is offered in an effort to influence his or her official position. The Board policy on Limitations on Accepting Gifts, 5:130, applies to Board members.

LEGAL REF.:5 ILCS420/4A-101, 420/4A-105, 420/4A-106, 420/4A-107.
et seq.
50 ILCS 105/3.
105 ILCS 5/10-9.

Definitions [2]
Unless otherwise stated, all terms used in this policy have the definition given in the State Officials and Employees Ethics Act, 5 ILCS 430/1-5.

With respect to an employee whose hours are not fixed, "compensated time" includes any period of time when the employee is on premises under the control of the District and any other time when the employee is executing his or her official duties, regardless of location. [3]

12. No employee shall intentionally perform any prohibited political activity during any compensated time. No Board Member or employee shall intentionally use any property or resources of the District in connection with any prohibited political activity. At no time shall any Board Member or employee intentionally require any other Board Member or employee to perform any prohibited political activity: (a) as part of that Board Member’s or employee's duties, (b) as a condition of employment, or (c) during any compensated time off, i.e., as holidays, vacation or personal time off. No Board Member or employee shall be required at any time to participate in any prohibited political activity in consideration for that Board Member or employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any Board Member or employee be awarded additional compensation or any benefit in consideration for his or her participation in any prohibited political activity.

A Board Member or employee may engage in activities that: (1) are otherwise appropriate as part of his or her official duties, or (2) are undertaken by the individual on a voluntary basis that are not prohibited by this policy.

Limitations on Receiving Gifts [5]
"Prohibited source" means any person or entity who:

“Gift” means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of a Board Member or employee.

Except as permitted by this policy, no Board Member or District employee, and no spouse of or immediate family member living with any Board Member or employee (collectively referred to herein as "recipients"), shall intentionally solicit or accept any gift from any prohibited source, as defined herein, or that is otherwise prohibited by law or policy. No prohibited source shall intentionally offer or make a gift that violates this policy.

The following are exceptions to the ban on accepting gifts from a prohibited source:

Each of the listed exceptions is mutually exclusive and independent of every other.

A Board Member or employee, his or her spouse or an immediate family member living with the Board Member or employee, does not violate this policy if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501 (c)(3) of the Internal Revenue Code.

Ethics Advisor [6]
The Superintendent shall appoint an Ethics Advisor for the School District. The Ethics Advisor shall provide guidance to the Board Members and School District employees concerning the interpretation of and compliance with this policy and State ethics laws.

Filing Complaints
Written complaints alleging a violation of this policy shall be filed with the Superintendent or School Board President.

Ethics Commission [7]
In order to effectively manage the receipt of complaints concerning violations of this policy, as soon as possible after a complaint is filed, the Superintendent shall appoint a 3-member Ethics Commission. If the Superintendent is the subject of the complaint, the School Board President shall perform this duty. Commission members may be any District resident, except that no person shall be appointed who is related, either by blood or by marriage, up to the degree of first cousin, to the person who is the subject of the compliant.

At the Commission’s first meeting, the Commissioners shall choose a chairperson from their number. Meetings shall be held at the call of the chairperson or any 2 Commissioners. A quorum shall consist of 2 Commissioners, and official action by the Commission shall require the affirmative vote of 2 members. The Commission shall have the following powers and/or duties:

If the Commission finds it more likely than not that the allegations in a complaint charging a Board Member or employee with violating this policy are true, it shall notify the appropriate State’s Attorney and/or recommend disciplinary action for an employee. If the complaint is deemed not sufficient, the Commission shall send by certified mail, return receipt requested, a notice to the parties of the decision to dismiss the complaint. [10]

[1] The State Officials and Employees Ethics Act (5 ILCS 430/1-1 et seq, added by P.A. 93-615 and 93-617), requires a policy on this subject matter and controls its content (5 ILCS 430/70-5). This policy contains items on which collective bargaining may be required. Any policy that impacts upon wages, hours, and terms and conditions of employment, is subject to collective bargaining upon request by the employee representative, even if the policy involves an inherent managerial right. This policy concerns an area in which the law is unsettled.

The Ethics Act required the Ill. Attorney General to develop a model ordinance to assist units of local government and school districts in complying with its requirements. The model policy’s enforcement provisions present an obvious difficulty for school districts. Local governmental entities depend on a grant of authority from the General Assembly for the power to adopt penal ordinances and penalties and to enforce them; school districts have not been granted this type of authority. Yet, the model ordinance provides that the local governmental entity will enforce the policy through quasi-criminal proceedings or through hiring an attorney to prosecute violators. The IASB policy, while based on the Attorney General’s model policy, does not contain penal provisions and penalties and it does not contemplate the hiring of an attorney to prosecute violators. Instead, it provides that the district’s Ethics Commission will inform the appropriate State’s Attorney of an alleged violation. That school districts are not required to impose penalties and prosecute violators is further supported by 5 ILCS 430/70-10, which leaves to the governing body the selection of penalties.

[2] 5 ILCS 430/1-5.

[3] The Ethics Act prohibits employees from engaging in political activities on “compensated time.” This is easy to determine for employees with fixed working hours. Determining “compensated time” for a salaried employee who does not have obligatory hours of attendance is more difficult. For this reason, the term “compensated time” should include both time when the employee is physically present on district premises as well as any other time when the employee is engaged in official duties.

[4] 5 ILCS 430/5-15.

[5] 5 ILCS 430/10-10 – 430/10-30.

[6] The Attorney General’s guidance document recognized that the creation and use of an Ethics Advisor is optional. An Ethics Advisor, however, can serve the important function of advising school officials about this policy’s requirements.

[7] The Attorney General’s guidance document recognized that the creation and use of an Ethics Commission is optional. Such a Commission, however, can serve the important function of managing ethics complaints. Deleted from the Attorney General’s model ordinance are provisions on imposing fines, compelling attendance of witnesses and production of documents, and obligating the cooperation of officials and employees. Also deleted from the Attorney General’s model ordinance are all references to a Commission-conducted hearing, the use of an attorney to prosecute violators, and filing of information or sworn complaint in the circuit court.

[8] An alleged violator retains all rights and protections afforded by State or federal law as well as an applicable collective bargaining agreement. An example of one right is the U.S. Constitution’s 14th Amendment protection of a person’s liberty interest. It protects a person’s good name and standing in the community; before harming this liberty interest, a public body must provide due process. Thus, a name-clearing hearing may be required if an ethics commission discusses a complaint in an open meeting or otherwise takes action in public. The Open Meetings Act provides another complication. It permits public bodies to hear testimony and deliberate on a complaint against an employee in a closed meeting. However, it does not permit a public body to hear testimony and deliberate on a complaint against a board member in a closed meeting. To complicate matters further, the preliminary question whether a superintendent-appointed ethics commission is even subject to the Open Meetings Act is unclear. To avoid litigation, an ethics commission should have access to an attorney to advise it.

[9] Id.

[10] The Attorney General’s model ordinance includes the specific penalties as contained in the State Officials and Employees Ethics Act (5 ILCS 430/50-5). Elsewhere in that Act, however, it states that a “governmental entity may provide in [its] ordinance or resolution … for penalties similar to those provided in this Act for similar conduct,” (5 ILCS 430/70-10, emphasis added). Thus, school districts do not need to enact policy containing criminal sanctions. Rather, violations can be referred to the State’s Attorney.

The School Board officers are: President, Vice President, Secretary, and Treasurer. These officers are elected at the Board's Organizational meeting.

The Board elects a President from its members for a 1-year term. The duties of the President are:

The President is permitted to participate in all Board meetings in a manner equal to all other Board members, including the ability to make and second motions.

The Board of Education elects a Vice President from its members for a 1-year term. The Vice President performs the duties of the President if:

The Secretary shall be a member of the Board who serves a 1-year term. The Secretary may receive reasonable compensation as fixed by the Board at least 180 days before the beginning of the term. The Secretary shall perform or delegate the following duties:

A permanent vacancy in the office of Secretary is filled by special Board election.

The Board may appoint a Recording Secretary who is a staff member. The Recording Secretary's primary responsibility shall be the keeping of records, in bound books with numbered pages, of all transactions of the Board in regular and special open meetings. In addition, the Recording Secretary or Superintendent shall record all closed meeting minutes and receive notification from Board members who desire to attend a Board meeting by video or audio means pursuant to Board policy 2:220, School Board Meeting Procedure.

The Treasurer of the Board shall be either an elected member of the Board who serves a 1-year term or an appointed non-board member who serves at the Board's pleasure. A Treasurer who is a Board member may not be compensated. A Treasurer who is not a Board member may be compensated provided it is established before the appointment. An appointed Treasurer must:

LEGAL REF.: 5 ILCS 120/7 and 420/4A-106.
105 ILCS 5/8-1, 5/8-2, 5/8-3, 5/8-6, 5/8-16, 5/8-17, 5/10-1, 5/10-5, 5/10-7, 5/10-8, 5/10-13,
5/10-13.1, 5/10-14, 5/10-16.5, and 5/17-1.

The School Board desires that its individual members learn, understand, and practice effective governance principles. The Board is responsible for Board members orientation and development. Board members have an equal opportunity to attend State and National meetings designed to familiarize members with public school issues, governance, and legislation.

Pertinent educational materials, publications, and notices of training or development will be made available to Board members through Board packets, direct mail, or other distribution methods.

The Board will conduct periodic self-evaluations with the goal of continuous improvement.

The Superintendent or designee shall invite all current candidates for the office of Board member to attend: (1) Board meetings, except that this invitation shall not extend to any closed meetings, and (2) pre-election workshops for candidates.

No Board member may receive compensation for services, except that a Board member serving as the Board Secretary may be paid an amount up to the statutory limit if the Board so provides.

The School Board may advance or reimburse members the actual and necessary expenses incurred while attending:

The School Board may advance or reimburse a newly elected person, the actual expenses for training by a school board association that complies with Article 23 of The School Code. The training must be on the powers, duties, and responsibilities of school board membership and may occur during that time in which he or she is waiting to take office.

Expense reimbursement is not guaranteed and Board members should seek pre-approval of expenses, except in situations when the expense is diminutive. In addition, Board members may receive a cash advance of up to $300 to cover expenses when attending the Joint Annual Conference in Chicago. A member must return to the District any portion of an expense advance not used. An itemized, signed voucher must be submitted by members to support any expense advanced or to seek expense reimbursement. The voucher must show the amount of actual expense, attaching receipts if possible. A Board member submitting a bill for a group function should record the names of members participating on the receipt. Money shall not be advanced or reimbursed for: (1) the expenses of any person except the School Board member, or (2) anyone’s personal expenses.

The Superintendent shall review the submitted vouchers for compliance with this policy. If any voucher’s compliance appears uncertain, the Superintendent shall notify the Board President, or Vice President if the voucher in question is from the President, as well as the Board member who submitted the voucher. The Superintendent shall include the voucher in the monthly list of bills that are presented to the School Board for approval or rejection.

The least expensive transportation will be used, providing that no hardship will be caused to the Board member. School Board members will be reimbursed for:

School Board members should request conference rate or mid-fare room accommodations. A single room rate will be reimbursed. Other expenses incurred by School Board members will be reimbursed when specifically related to School District business. The expense voucher or hotel bill must explain the types of expenses incurred.

School Board members pay personal expenses that are charged to hotel room bills at checkout. If that is impossible, deductions for the charges should be made on the expense voucher.

Meal charges to the School District should represent "mid-fare" selections for the hotel/meeting facility or general area. Tips are included with the meal charges. Expense vouchers must explain the meal charges incurred.

School Board members may include any other costs related to Board activities on expense vouchers.

The Board-Superintendent relationship is based on mutual respect for their complementary roles. The relationship requires clear communication of expectations regarding the duties and responsibilities of both the Board and Superintendent.

The Board hires, evaluates, and seeks the recommendations of the Superintendent as the District chief executive officer. The Board adopts policies necessary to provide general direction for the District and to encourage achievement of District goals. The Superintendent develops plans, programs, and procedures needed to implement the policies and directs the District's day-to-day operations.

Staff members, parents, and community members should submit questions or communications to the Board of Education through the Superintendent. Board members' questions or communications to staff or about programs will be channeled through the Superintendent's office. If contacted individually Board Members will refer the person to the appropriate channel of authority, except in unusual situations. Board Members will not take private action that might compromise the Board or administration.

E-mail to, by, and between Board members, in their capacity as Board members, shall not be used to conduct Board business. It shall be limited to:

A Board member sending an e-mail concerning the District shall copy the Superintendent or designee, who shall store the message. There is no expectation of privacy for any messages sent or received by e-mail.

The School Board may create Board committees as deemed necessary. The Board President makes all Board committee appointments unless specifically stated otherwise. Notice of Board committee meetings shall be given in the same manner as notice for special meetings, and Board committee meetings shall be open to the public. Board committees that are not committees of the whole report directly to the Board.

In addition to these required committees, the Board of Education may establish standing committees. Standing Committees will remain in existence until such time as dissolved by the Board. The President of the Board shall make all standing committee appointments, and standing committee appointments shall coincide with the terms of office of the Board of Education.

The Superintendent creates Superintendent committees as deemed necessary and makes all appointments. Superintendent committees report to the Superintendent.

Elementary and Secondary Education Act of 1965, as reauthorized by P.L. 103-382.

Educational Consolidation and Improvement Act, Chapter I, General Administrative Requirements, ¡× 200.53(b)(1).

Rules and Regulations for the Control of Communicable Diseases, issued by the Illinois Department of Public Health.

The Board of Education may annually select an attorney to serve as legal advisor to the Board and the Superintendent.

The school attorney serves on a retainer or other fee arrangement as the Board of Education and attorney determine in advance.

The Board of Education shall retain the right to consult or employ other attorneys on matters of special concern and to terminate the service of any attorney.

The Board of Education selects architects, engineers, and land surveyors to provide professional services to the District on the basis of demonstrated competence and qualifications, and in accordance with State law.

The person or representative from the firm selected shall meet with the Superintendent and the Board of Education to discuss responsibilities and scope of services.

The Superintendent shall maintain a mailing list of the names and addresses each year of persons who file a written request to be on such a list. Those persons shall be mailed copies of the following, provided they have pre-paid the subscription fee, pro-rated if subscribing less than one year:

The subscription fee will be set annually to cover reproduction and mailing costs. The subscription period shall be the same as the District's fiscal year.

General
For all meetings of the School Board and its committees, the Superintendent or designee shall satisfy all notice and posting requirements contained herein, as well as the Open Meetings Act. This shall include mailing meeting notifications to news media that have officially requested them, and to others as approved by the School Board. Unless otherwise specified, all meetings are held in the District administrative offices. Board members may attend meetings via a telephone conference call and speaker telephone.

Regular Meetings
The School Board announces the time and place for its regular meetings at the beginning of each fiscal year. The Superintendent shall prepare and make available the calendar of regular School Board meetings in accordance with The School Code. Meeting dates may be changed with 10 days' notice in accordance with State law. A meeting agenda shall be posted at the District administrative office and the Board meeting room, or other location where the meeting is to be held, at least 48 hours before the meeting. Items not specifically on the agenda may still be considered during the meeting.

Closed Meetings
The School Board and School Board committees may meet in a closed meeting to consider the following subjects:

The Board may hold a closed meeting, or close a portion of a meeting, by a majority vote of a quorum, taken at an open meeting. The vote of each School Board member present, and the reason for the closed meeting, will be publicly disclosed at the time of the meeting and clearly stated in the motion and the meeting minutes.

A single motion calling for a series of closed meetings may be adopted by a School Board quorum when such meetings will involve the same particular matters and are scheduled to be held within 3 months of the vote.

Reconvened or Rescheduled Meetings
A meeting may be rescheduled or reconvened. Public notice of a rescheduled or reconvened meeting shall be given in the same manner as that for a special meeting, except that no public notice is required when the original meeting is open to the public and: (1) is to be reconvened within 24 hours, or (2) an announcement of the time and place of the reconvened meeting was made at the original meeting and there is no change in the agenda.

Special Meetings
Special meetings may be called by the President or by any 3 members of the School Board by giving notice thereof, in writing, stating the time, place, and purpose of the meeting to remaining Board members by mail at least 48 hours before the meeting, or by personal service at least 24 hours before the meeting.

Public notice of a special meeting is given by posting a notice at the District's administration office at least 48 hours before the meeting and by notifying the news media that have filed a written request for notice. A meeting agenda shall accompany the notice.

No matters will be discussed, considered, or brought before the School Board at any special meeting other than such matters as were included in the stated purpose of the meeting.

Emergency Meetings
Public notice of emergency meetings shall be given as soon as practical, but in any event, before the meeting to news media that have filed a written request for notice.

CROSS REF.: 2:210 (Organizational School Board Meetings), 2:220 (School Board Meeting Procedure), 2:230 (Public Participation at School Board Meetings and Petitions to the Board)

During a March meeting in odd-numbered years, the School Board establishes a meeting date(s): (1) to canvass the election within 21 days after the consolidated election, and (2) for its organizational meeting within 28 days after the consolidated election. The consolidated election is held on the first Tuesday in April of odd numbered years.

2. The School Board shall elect its officers who assume office immediately upon their election.

CROSS REF.: 2:30 (School Board Elections), 2:200 (Types of School Board Meetings), 2:220 (School Board Meeting Procedure), 2:230 (Public Participation at School Board Meetings and Petitions to the Board)

School Board

Agenda
The Board President is responsible for focusing the Board meetings’ agendas on appropriate content. The Superintendent shall prepare agendas in consultation with the Board President. The President shall designate a portion of the agenda as a consent agenda for those items that usually do not require discussion or explanation before School Board action. Any Board member may request the withdrawal of any item under the consent agenda for independent consideration.

Items submitted by School Board members to the Superintendent or the President shall be placed on the agenda. District residents may suggest inclusions on the agenda. Items may be added to the agenda at the beginning of a regular meeting upon unanimous approval of those Board members present.

The Superintendent shall provide a copy of the agenda, with adequate data and background information, to each School Board member at least 48 hours before each meeting, except a meeting held in the event of an emergency.

The Board President shall determine the order of business at regular School Board meetings. Upon consent of a majority of members present, the order of business at any meeting may be changed.

Voting Method
Unless otherwise provided by law, when a vote is taken upon any measure before the School Board, with a quorum being present, a majority of the votes cast shall determine its outcome. A vote of “abstain” or “present” is counted for the purposes of determining whether a quorum is present. A vote of “abstain” or “present,” however, is not counted as a “yea” or “nay” in determining whether a measure has been passed by the Board.

On all questions involving the expenditure of money and on all questions involving the closing of a meeting to the public, a roll call vote shall be taken and entered in the Board's minutes.

Minutes
The Board Secretary shall keep written minutes of all School Board meetings, which shall be signed by the President and the Secretary. The minutes include:

The minutes shall be submitted to the School Board at its next regularly scheduled open Board meeting for approval or modification.

At least semi-annually in an open meeting, the Board: (1) reviews minutes from closed meetings that are currently unavailable for public release, and (2) decides which, if any, no longer require confidential treatment and are available for public inspection. The School Board may meet in a prior closed session to review the minutes from closed meetings that are currently unavailable for public release.

The School Board's meeting minutes must be submitted to the Board's Treasurer on the first Monday of April and October, and at other times as the Treasurer may require.

The official minutes are in the custody of the Board Secretary. Open meetings minutes are available for inspection during regular office hours within 7 days after the Board's approval, in the office of the Superintendent or designee, in the presence of the Secretary, the Superintendent or designee, or any School Board member. Minutes from closed meetings are likewise available, but only if the School Board has released them for public inspection. Only minutes that have been approved by the Board are available. The minutes shall not be removed from the Superintendent's office except by vote of the School Board or by court order.

Verbatim Record of Closed Meetings
The Superintendent, or the Board Secretary when the Superintendent is absent, shall audio record all closed meetings. If neither is present, the Board President or presiding officer shall assume this responsibility. After the closed meeting, the person making the audio recording shall label the recording with the date and store it in a secure location. The Superintendent shall ensure that: (1) an audio recording device and all necessary accompanying items are available to the Board for every closed meeting, and (2) a secure location for storing closed meeting audio recordings is maintained close to the Board’s regular meeting location.

During the Board’s semi-annual meetings to review the closed session minutes, the Board will also review the audio recordings of closed meetings in order to determine whether: (1) there continues to be a need for confidentiality, or (2) the recordings no longer require confidential treatment and are available for public inspection. At no time will an audio recording be released that would violate State or federal privacy or confidentiality requirements, including, but not limited to, any matter concerning: (1) a named student, (2) an employee’s or applicant’s personnel file and personal information, (3) school security plans, (4) communications between the Board and an attorney representing the District, and (5) all information exempted from disclosure under the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq.

After 18 months have passed since being made, the audio recording of a closed meeting is destroyed provided the Board approved: (1) its destruction, and (2) minutes of the particular closed meeting.

Requests by members of the public for access to a recording of a closed meeting will be denied unless the Board has found that the recording no longer needs confidential treatment. Individual Board members may listen to verbatim recordings when that action is germane to their responsibilities, e.g., in order to check the accuracy of minutes or to determine whether the recordings no longer require confidential treatment. In the interest of encouraging free and open expression by Board members during closed meetings, the recordings of closed meetings should not be used by Board members to confirm or dispute the accuracy of recollections.

Quorum
A majority of the full membership of the School Board shall constitute a quorum whether individuals are present physically or via a speaker telephone.

Rules of Order
The Board President, as the presiding officer, will use Robert's Rules of Order Newly Revised as a guide when a question arises concerning procedure.

Broadcasting and Recording Board Meetings
Any person may record or broadcast an open School Board meeting. Requests for special needs, such as seating, writing surfaces, lighting, and access to electrical power, should be directed to the Superintendent at least 2 hours before the meeting.

Recording meetings shall not distract or disturb Board members, other meeting participants, or members of the public. The Board President may designate a location for recording equipment, may restrict the movements of individuals who are using recording equipment, or may take such other steps as are deemed necessary to preserve decorum and facilitate the meeting.

LEGAL REF.: 5 ILCS 120/2a, 120/2.02, 120/2.05, and 120/2.06. 105 ILCS 5/10-6, 5/10-7, and 5/10-16. Prosser v. Village of Fox Lake, 438 N.E.2d 134 (1982).

CROSS REF.: 2:200 (Types of School Board Meetings), 2:210 (Organizational School Board Meeting), 2:230 (Public Participation at School Board Meetings and Petitions to the Board)

At each regular and special open meeting, the members of the public and District employees may comment on or ask questions of the Board, subject to reasonable constraints.

The individuals appearing before the Board are expected to follow these guidelines:

Petitions or written correspondence to the Board shall be presented to the Board of Education at the next regularly scheduled Board meeting.

The formulation and adoption of written policies is the basic method by which the Board of Education exercises its leadership. A "policy" is a statement adopted by the Board of Education providing general guidance on a specific topic which can be implemented by administrative action or procedures.

Any Board of Education member, the Superintendent, or any District citizen may propose new policies or changes to existing policies. Suggestions from staff members or organizations are processed through regular administrative channels.

The Superintendent or designee is responsible for: (1) notifying those who will be affected by a proposed policy and obtaining their advice and suggestions, and (2) drafting policy recommendations into acceptable written form for further deliberation and/or action by the Board of Education. The Superintendent shall seek the counsel of the school attorney.

Policies or policy revisions may be adopted at a regular Board meeting. Policies or policy revisions will become effective after ratified at a regular meeting following the meeting where they were adopted. The Board of Education may grant temporary approval to meet emergency conditions or special events which may occur before formal action can be taken.

The Board of Education policies are available for public inspection in the administrative office during regular office hours. Copy requests can be made under the District's Access to Public Records Policy.

In the absence of Board of Education policy, the Superintendent is authorized to take appropriate administrative action if (s)he determines a policy is needed.

The operation of any Board of Education policy not established by law or contract may be temporarily suspended by a ¨ú majority vote of Board members present at a regular or special meeting.

The Board of Education shall periodically evaluate the execution and results of its policies and consider whether any modifications are required.

The District will respond to all requests under the Illinois Freedom of Information Act from all persons desiring access to and copying of the District's public records. Electronically stored public records, including E-mail messages containing material that a school official or employee made or received as part of his or her official responsibilities and that contains informational data appropriate for preservation, shall be preserved and cataloged separately from non-public electronic communications. The Board President or Superintendent shall report to the Board at each regular meeting any requests made under the Freedom of Information Act and will also report the status of the response.

The Superintendent shall implement this policy with administrative procedures. Copy fees are set periodically by the Board.

Uniform Grievance Procedure

Students, parents/guardians, employees, or community members should notify any District Complaint Manager if they believe that the School Board, its employees, or agents have violated their rights guaranteed by the State or federal Constitution, State or federal statute, or Board policy, or have a complaint regarding:

6. Equal Employment Opportunities Act (Title VII of the Civil Rights Act), 42 U.S.C. ¡×2000e etseq.;

7. Sexual harassment (Illinois Human Rights Act, Title VII of the Civil Rights Act of 1964, and Title IX of the Education Amendments of 1972);

8. The misuse of funds received for services to improve educational opportunities for educationally disadvantaged or deprived children;

The Complaint Manager will attempt to resolve complaints without resorting to this grievance procedure and, if a complaint is filed, to address the complaint promptly and equitably. The right of a person to prompt and equitable resolution of a complaint filed hereunder shall not be impaired by the person's pursuit of other remedies. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies and use of this grievance procedure does not extend any filing deadline related to the pursuit of other remedies.

A person (hereinafter Complainant) who wishes to avail him or herself of this grievance procedure may do so by filing a complaint with any District Complaint Manager. The Complainant shall not be required to file a complaint with a particular Complaint Manager and may request a Complaint Manager of the same sex. The Complaint Manager may request the Complainant to provide a written statement regarding the nature of the complaint or require a meeting with the parent(s)/guardian(s) of a student. The Complaint Manager shall assist the Complainant as needed.

The Complaint Manager will investigate the complaint or appoint a qualified person to undertake the investigation on his or her behalf. If the Complainant is a student, the Complaint Manager will notify his or her parent(s)/guardian(s) that they may attend any investigatory meetings in which their child is involved. The complaint and identity of the Complainant will not be disclosed except: (1) as required by law or this policy, or (2) as necessary to fully investigate the complaint, or (3) as authorized by the Complainant.

Within 10 school days of the date the complaint was filed, the Complaint Manager shall file a written report of his or her findings with the Superintendent. The Complaint Manager may request an extension of time. If a complaint of sexual harassment contains allegations involving the Superintendent, the written report shall be filed with the School Board, which will make a decision in accordance with Section 3 of this policy. The Superintendent will keep the Board informed of all complaints.

Within 5 school days after receiving the Complaint Manager’s report, the Superintendent shall mail his or her written decision to the Complainant by U.S. mail, first class, as well as the Complaint Manager.

Within 5 school days after receiving the Superintendent’s decision, the Complainant may appeal the decision to the School Board by making a written request to the Complaint Manager. The Complaint Manager shall promptly forward all materials relative to the complaint and appeal to the School Board. Within 10 school days, the School Board shall affirm, reverse, or amend the Superintendent’s decision or direct the Superintendent to gather additional information for the Board. Within 5 school days of the Board’s decision, the Superintendent shall inform the Complainant of the Board’s action. The Complainant may appeal the School Board’s decision to the Regional Superintendent pursuant to Section 3-10 of The School Code and, thereafter, to the State Superintendent pursuant to Section 2-3.8 of The School Code.

This grievance procedure shall not be construed to create an independent right to a School Board hearing. The failure to strictly follow the timelines in this grievance procedure shall not prejudice any party.

The Superintendent shall appoint at least two Complaint Managers, one of each gender. The District’s Nondiscrimination Coordinator, if any, may be appointed a Complaint Manager. The Superintendent shall insert into this policy the names, addresses, and telephone numbers of current Complaint Managers.

LEGAL REF.: Age Discrimination in Employment Act, 29 U.S.C. ¡×621 et seq. Americans With Disabilities Act, 42 U.S.C. ¡×12101 et seq. Equal Pay Act, 29 U.S.C. ¡×206(d). Immigration Reform and Control Act, 8 U.S.C. ¡×1324a et seq. Individuals With Disabilities Education Act, 20 U.S.C. ¡×1400 et seq. McKinney Homeless Assistance Act, 42 U.S.C. ¡×11431 et seq. Rehabilitation Act of 1973, 29 U.S.C. ¡×791 et seq. Title VI of the Civil Rights Act, 42 U.S.C. ¡×2000d et seq. Equal Employment Opportunities Act (Title VII of the Civil Rights Act), 42 U.S.C. ¡×2000e et seq. Title IX of the Education Amendments, 20 U.S.C. ¡×1681 et seq. Equal Pay Act of 2003, 820 ILCS 112/1 et seq. Victims’ Economic Security and Safety Act, 826 ILCS 180/1 et seq. 775 ILCS 5/1-101 et seq. 105 ILCS 5/2-3.8, 5/3-10, 5/10-20.7a, 5/10-22.5, 5/22-19, 5/24-4, 5/27.1, and 45/1-15. 23 Ill.Admin.Code ¡×¡×1.240 and 200-40. CROSS REF.: 5:10 (Equal Employment Opportunity and Minority Recruitment), 5:20 (Sexual Harassment), 6:140 (Education of Homeless Children), 6:170 (Title I Programs), 6:260 (Complaints About Curriculum, Instructional Materials, and Programs), 7:10 (Equal Educational Opportunities), 7:20 (Harassment of Students Prohibited), 8:70 (Accommodating Individuals with Disabilities), 8:110 (Public Complaints)

Name	Jerry Moenster	Tina Denman
Address	201 W. Clay	240 Regency Centre
	Collinsville, IL 62234	Collinsville, IL 62234
Telephone No.	618-346-6350 ext. 235	618-343-2878