BARREN COUNTY MIDDLE SCHOOL SCHOOL BASED DECISION MAKING COUNCIL BY-LAWS ARTICLE I. PURPOSE Barren County Middle School’s SBDM Council is the policy-making body for Barren County Middle School. Using a shared decision making process the SBDM Council shall provide an environment to enhance student achievement and develop policies to create a partnership with parents and the community to empower all students academically, socially, and personally to be life long learners capable of adapting as responsible citizens to a changing world. ARTICLE II. MISSION Our vision at BCMS is to be constantly striving toward commitment, consistency, connection, conviction and character. BCMS has an unwavering commitment to assist students in discovering the connection between developing character traits and becoming productive citizens. The conviction to do one’s best will be instilled in students through consistency in the school’s expectations and curriculum. ARTICLE III. MEMBERSHIP A. The Council shall consist of six members: the school principal, three teacher members and two parent members. B. Teachers must be currently assigned to Barren County Middle School to be eligible to serve on the council. Itinerant teachers are also eligible. As of 1998 and 1999 elections, teachers may serve even if they live outside Kentucky. C. Parents must have a child enrolled in the school for the school term during which the parent serves. In the event that the parent member no longer has a child attending the school, that seat shall be declared vacant. As of 1998 and the 1999 elections, parents who work at other schools or have relatives who do so may also serve on the council. Parent members may not be members of the local Board of Education or spouses of Board members or related to employees considered district employees which include bus drivers, substitute teachers, or other persons employed by the district but not assigned to schools. D. 30th. Each member shall be elected to a one-year term beginning July 1 through June E. A written notice must be given to the chairperson by the council member wishing to resign from the council. A 30-day notice is requested. F. Members shall attend all council meetings unless the absence is excused by the consensus of the council. G. Council vacancies shall be filled at a special election and shall follow guidelines set forth in Barren County Board of Education policy 02.421. H. 1.) A member of a school council may be removed from the council for cause, after an opportunity for hearing before the local board, by a vote of 4/5 of the membership of the board of education after the recommendation of the chief state school officer pursuant to KRS 156.132. Written notices setting out the charges for removal shall be spread on the minutes of the board and given to the member of the school council. KRS 160.347. 2). According to KRS 156.132, the chief state school officer may recommend removal of a school council member whom he has reason to believe is guilty of immorality, misconduct in office, incompetence, willful neglect of duty, or nonfeasance. KRS 160.347. ARTICLE IV. SELECTION OF MEMBERS Selection procedure for council members shall be the same as Barren County Board of Education policy 02.421. Provisions for absentee ballots will be made in the principal’s office. Results of elections will be announced at school, newspaper, radio, media, etc. ARTICLE V. OFFICERS AND MEMBERS DUTIES AND RESPONSIBILITIES 1. Chairperson- principal shall be chairperson of the council. The chairperson (a) shall preside at all meetings with the council directing the affairs of the council including monitoring committee progress; (b) prepare the agenda for all meetings, see that the agenda is mailed at least one week before each meeting and will notify or change the agenda determined to be in the best interest of the council’s work; (c) prepare official correspondence that may be requested, maintain a “council file” containing copies of all minutes, council plans and progress reports, all council related information from the district or state, and a current copy of by-laws; (d) annually provide a copy of the by-laws to all council members the third meeting of the year. Barren County board members will receive a copy of the minutes. A copy will also be available at Barren County Middle School office during regular school hours. 2. Vice Chairperson - to be elected by the council from among members at first meeting each year. The vice chairperson shall preside at any council meeting that the chairperson is unable to attend. The vice chairperson shall maintain a listing of the membership with phone numbers, addresses, attendance as well as assist the chairperson as needed. 3. Secretary - may be appointed by the chairperson at its first meeting. The secretary is responsible for (a) keeping full and accurate accounts of transaction proceedings of all meetings of the council; (b) provide copies of previous meeting’s minutes to the council at the next meeting so they can be approved. ARTICLE VI. COUNCIL MEETINGS A. ATTENDANCE-Members shall attend all council meetings unless the absence is excused by the consensus of the council. B. QUORUM-Two-thirds (2/3) of the members of the council must be present for the council to make official decisions, with at least one teacher and one parent present. The council shall not meet in the absence of the principal unless the principal appoints his/her designee (co-chair). C. REGULAR MEETINGS – Regular meetings of the Barren County Middle School SBDM council shall be determined by the presiding council. D. SPECIAL MEETINGS-If the Council needs to meet before its next regular meeting, the principal may call a special meeting. A special meeting may also be called by a majority of members of the council. Once this decision is made to call a special meeting, the following steps must be taken: 1.) Written Notice: Contents. The person or persons calling the meeting must prepare and sign a written notice that states the date, time, and place of the special meeting and the agenda for the meeting. No issue not listed on that agenda can legally be discussed at the special meetings. 2.) Delivery of Notice. The person or persons calling the meeting must arrange for the notice to be delivered to every council member and to the newspaper with the largest circulation. The delivery can be made by hand, facsimile machine, mail or e-mail so that it is received at least twenty-four (24) hours prior to the time of such meeting as specified in the notice. 3.) Posting of Notice. The notice must be posted conspicuously in the front foyer of the school, and also at the building where the meeting will be held if the meeting will not be held at the school. These copies must be posted as soon as possible after the meeting is called, and definitely not less than twenty-four (24) hours before the meeting will be held. E. CLOSED SESSIONS-Definition: A closed session is a portion of a regular or special meeting of the council during which the council members meet in private. The council may meet in closed session for the following reasons: to discuss proposed or pending litigation by or against a council member (KRS 61.810(1)(c)); or to discuss candidates for a principal vacancy or conduct consultation in filling other vacancies (KRS 61.810(1)(f)). Before a closed session can begin, the following steps must be taken: 1.) Announcement: Contents. An announcement must be made in the open session. The announcement shall state that the council needs to discuss business involving a topic that the law allows to be discussed in closed session. The announcement must state the general nature of business that needs to be discussed in closed session and identify the specific section of the law that allows the session to be closed. 2.) Motion. A motion must be made and passed by a majority of members present to go into closed session to discuss that business. During the closed session, only the business stated in the announcement can be discussed, and no final decision can be made. After full discussion, the council must return to open meeting and make any official decision needed on the matter. And the decision must be recorded in the minutes of the open session. F. LENGTH OF MEETINGS- It is the goal of the council that the length of all meetings shall be a maximum of one and one half to two (1 1/2 to 2) hours. G. AGENDA-Preliminary: Anyone may submit items for inclusion on the SBDM Agenda Form, refer to Appendix A, to the principal at least eight (8) working days before the council meeting. The principal shall maintain a complete file of these items. Accompanying materials such as handouts, etc., should be included with the items submitted. One week before each regular council meeting, the principal shall screen, build, prepare and post a preliminary agenda for the council meeting. The preliminary agenda will be posted in the school lobby so the parent body may be informed and will serve as notification of accepted items. The agenda shall include all items that the principal believes need council attention at the session, and a list of all other items submitted. That agenda shall include review of the minutes of the previous meeting. The preliminary agenda shall be posted in the lobby and copies shall be mailed, faxed, emailed or hand delivered, to each member of the council and the PTSO President. H. Guests at the meeting who are not on the agenda shall be allowed two minutes to speak during the welcome and introduction section on the agenda when they are recognized by the chair. In the minutes it shall be stated that the guest’s statement will be (a) taken under advisement or (b) action taken by the SBDM council. ARTICLE VII. DECISION MAKING A. CONSENSUS DECISIONS-The council shall operate by the consensus procedure stated in this paragraph. After discussion of each issue, the chair, or any member of the council may suggest the presence of consensus. The person making the suggestion shall explain what he or she thinks the consensus is. The facilitator shall then ask whether any member has any significant disagreement with the statement. If no one disagrees, then the decision shall be deemed made. If any member disagrees, the discussion shall continue until a suggestion of consensus is made that draws no disagreement, or until a third suggestion of consensus fails. B. FAILURE TO REACH CONSENSUS-When the third suggestion of consensus fails, the facilitator shall direct that the issue be taken up again at the next meeting, unless one of the following applies: 1.) If the issue is the selection of a new principal, the council shall vote, and if any candidate receives four (4) votes, that person shall be selected. 2.) If the issue is council consultation about the selection of persons to fill other positions, each member shall state his/her judgment on the matter, and the principal shall make the final selection. 3.) A majority vote of those present shall be taken if the issue meets all of the following standards: a. It involves the number of persons to be employed, the textbooks to be acquired, the budget for or purchase of instructional materials, or the budget for the purchase of student support services. b. A governmental entity or the District Board of Education has set a deadline for making the decision, and c. The deadline will occur before the next regular meeting of the council, and d. The members of the council cannot agree by consensus to try to solve the question at a special meeting. If, at a second meeting, a third suggestion of consensus fails, a majority vote shall be taken. ARTICLE VIII. COUNCIL TRAINING School council members elected for the first time shall complete a minimum of six (6) clock hours of training in the process of school-based decision making, which shall include specific training on the authority, duties, and responsibilities of council members under this section. School council members who have served on a school council at least one (1) year shall complete a minimum of three (3) clock hours of training in the process of school-based decision making. School council training required under this subsection shall be conducted by trainers endorsed by the Department of Education, and school council members shall complete the required training no later than thirty (30) days after the beginning of the service year for which they are elected to serve. School council members elected during a school year to fill a vacancy shall complete the applicable training within thirty (30) days of their election. The superintendent will be responsible for providing and financing the required training for SBDM council members. ARTICLE IX. POLICY DEVELOPMENT 1. The following steps shall be taken in the development of policies: 1. Identify need for policy 2. Gather information to write policy 3. First draft 4. First reading 5. Edit and rewrite 6. Review by Superintendent 7. Second Reading - Amendments can occur at the second reading. 8. Adopt policy 9. Disseminate policy 10. Implement policy 11. Evaluate and update 2. As committees make recommendations to council, they (policy) will be placed in policy format. They will then be place in policy manual. 3. Policies will be reviewed on a “as needed” basis. 4. Reading on policies can occur on regular or special meetings. ARTICLE X. RECORDS KEEPING Agenda Preparation and Distribution: Anyone may submit items for inclusion on the SBDM Agenda Form, refer to Appendix A, to the principal at least eight (8) working days before the council meeting. The principal shall maintain a complete file of these items. Accompanying materials such as handouts, etc., should be included with the items submitted. One week before each regular council meeting, the principal shall screen, build, prepare and post a preliminary agenda for the council meeting. The preliminary agenda will be posted in the school lobby so the parent body may be informed and will serve as notification of accepted items. The agenda shall include all items that the principal believes need council attention at the session, and a list of all other items submitted. That agenda shall include review of the minutes of the previous meeting. The preliminary agenda shall be posted in the lobby and copies shall be mailed, faxed, emailed or hand delivered, to each member of the council and the PTSO President. Record Keeping: A. MINUTES-Minutes shall be distributed in accordance with the checklist created by the council and in accordance with the Barren County Board of Education policy 02.423. B. OTHER COUNCIL RECORDS-If anyone asks to see council records that are not kept in the binder, the principal, as official records custodian, shall make them available within three business days after the request, unless the records are subject to a specific exception of the Open Records Law. C. FEES TO REPRODUCE RECORDS-If anyone asks to reproduce council records, a fee of ten cents (.10) per page may be charged (per District procedure 10.11AP.21). This fee reflects a reasonable portion of the actual cost of the machine making the copy, its maintenance, and its supplies. This fee cannot exceed these costs and must not cover any part of the pay of the person making the copies. D. POLICIES-The principal shall be custodian of the policies and shall present them to the superintendent in accordance with Barren County Board of Education policy 02.4241. ARTICLE XI. REQUEST FOR RECORDS A. MINUTES-Minutes shall be distributed in accordance with the checklist created by the council in accordance with the Barren County Board of Education policy 02.423. B. OTHER COUNCIL RECORDS-If anyone asks to see council records that are not kept in the binder, the principal, as official records custodian, shall make them available within three business days after the request, unless the records are subject to a specific exception of the Open Records Law. ARTICLE XII. COMMUNICATIONS Faculty, staff, and members of the community shall be notified by the recorder, through the school website, of any approved amendments to the bylaws. Copies of SBDM minutes and policies will be posted to the school’s website. Copies will be given to staff members, student council president, superintendent, parentvolunteer coordinator, PTSO president, and SBDM district liaison. ARTICLE XIII. APPEALS Appeals process will be in accordance with Barren County Board policy 02.42411. ARTICLE XIV. CAPACITIES The General Assembly recognizes that public education involves shared responsibilities. State government involves shared responsibilities. State government, local communities, parents, students, and school employees must work together to create an efficient public school system. Parents and students must assist schools with efforts to assure student attendance, preparation for school, and involvement in learning. The cooperation of all involved is necessary to assure that desired outcomes are achieved. It is the intent of the General Assembly to create a system of public education which shall allow and assist all students to acquire the following capacities: (1) Communication skills necessary to function in a complex and changing civilization. (2) Knowledge to make economic, social, and political choices. (3) Knowledge of governmental processes as they affect the community, the state, and the nation. (4) Sufficient self-knowledge and knowledge of his or her mental and physical wellness. (5) Sufficient grounding in the arts to enable each student to appreciate his or her cultural and historical heritage. (6) Sufficient preparation to choose and pursue his or her life’s work intelligently. (7) Skills to enable him or her to compete favorably with students in other states. (8) Core values and qualities of good character to make moral and ethical decisions throughout his or her life. [Enact. Acts 1990, ch. 476. Pt. I, ss 2, effective July 13, 1990]