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By Laws

APRIL 6, 1994
Revised: Spring 1998
            Jeanne S. Rice, Chair
            Becky McCoy, Teacher
            Susan Boyer, Teacher
            Peg Williams, Teacher
            Mark Loraditch, Parent
            David Frame, Parent
Revised August, 2000
            Jeanne S. Rice, Chair
            Leigh Colley, Teacher
            Gina Manning, Teacher
            Kim Clayton, Teacher
            Nick Jones, Parent
Tim Royalty, Parent
Revised July, 2002
            Myra T. Crace, Chair
            Kim Clayton, Teacher
            Mary Evans, Teacher
            Connie Renfroe, Teacher
            Nick Jones, Parent
            Mike Sparks, Parent 
The purpose of the Oakview Elementary school-Based Decision-Making Council (hereafter “The Council”) is to provide a program that will enable each student to develop his/her potential to the fullest extent. The Council is responsible for setting the school policy, which shall provide an environment to enhance the students’ achievement and aid the school in meeting its established goals and objectives.
The representative body for the purpose of school-based management shall be known as the Oakview Elementary School Based Decision-Making Council.
The Council shall consist of six (6) members having equal status on the Council. There shall be three teachers, two parents, and the principal.
Teacher members, (as defined as any person for whom certification is required as a basis for employment with the exception of the principal or head teacher) must be employees of the District, and a resident of the Commonwealth (beginning July 1st, 2000) and currently assigned to the school where they are serving as Council members. Itinerant teachers whose designated home school is Oakview may serve as a teacher member. The principal or assistant principal may not serve as a teacher member.
Parent Council members shall be a parent, stepparent, or foster parent of an incoming student or student currently enrolled in the school.   Legal guardians of incoming and current students may also serve on the council if the student lives with the guardian. Incoming student shall mean enrolled for the school year in which the parent member serves. Parent Council members shall not be district employees, the relatives of district employees, a local board member or the spouse of a local board member. Relative shall mean father, mother, brother, sister, husband, wife, son, daughter, aunt, uncle, son-in-law or daughter-in-law.
Terms of the Council members shall be for one (1) year and shall begin on July 1 and end on June 30 of the following year. Annual elections for the following year’s terms shall be held during the preceding spring on a date jointly agreed upon by the Council and the PTA. Council members are eligible for reelection on an annual basis.
Section I:        Parent Member Elections
            1. The Oakview PTA will be responsible for Parent Council Member Elections.
 Section 2: Teacher Member Elections
1         The Oakview Faculty will be responsible for Faculty Council Member Elections.
Section 3: Minority Members
1.       Minority means American Indian, Alaskan Native, African American, and Hispanic (including persons of Mexican, Puerto Rican, Cuban, and Central/South American origin), Pacific Islander, or other ethnic group under represented in the school.
2.       School councils have eight percent (8%) or more minority students enrolled, as determined by the enrollment on the preceding October 1st, shall have at least one (1) minority member. In the event that the principal or any of the regularly elected members fall into a minority category, then no further election is required.
3.       If the Council formed does not have a minority member, the principal shall, in a timely manner (not to exceed days), be responsible for carrying out the following:
a) organizing a special election to elect an additional parent member. The principal shall call for nominations and shall notify the parents of the students the date, time and location of the election to elect a minority parent to the council by ballot.
b)      allowing the teachers in the building to select one (1) minority teacher to serve as a teacher member on the Council.   If there are no minority teachers who are members of the faculty, an additional teacher member shall be elected by a majority of the teachers.
Article V
Standards of Conduct
1) All Council members shall be aware of the following standards of conduct:
a)      Attendance: members of the council shall attend all council meetings unless the absence is excused.
Absences may be excused by consensus of the Council for good cause. A member who has three unexcused absences from Council meetings shall resign.
b)      Conflict of Interest: No member shall enter into business dealings that creates a conflict of interest under KRS 45A.340, and any member who is involved in such a conflict shall resign.
c)      Ongoing Eligibility:  Any member who ceases to be eligible to serve on the Council shall resign (e.g. teachers who transfer to other schools, parents whose children transfer to other schools, and any other change that makes a person ineligible for their position).
d)      Improper Meeting: No combination of one half or more of the members of Council shall meet to discuss Council business without following the procedures for scheduling a meeting of the full Council listed in these by-laws.
2) A Member who violates the standards of conduct and does not submit a written resignation from the Council could be reprimanded or removed by the following:
a)      The Commissioner of Education can recommend removal for immorality, misconduct in office, incompetence, willful neglect of duty, or nonfeasance, and then the local board of education holds a hearing on the charges to decide if removal is warranted.
b)      The Office of Education Accountability (OEA) can investigate claims of intentional interference with school-based decision-making. If OEA cannot resolve the issue, it is forwarded to the Kentucky Board of  Education, which holds a hearing to determine whether the charges are valid. The first time the Kentucky Board finds a person guilty of such interference, the person will receive a reprimand. The second time, the person can be removed from office.
1. When a council member resigns, is removed, or dies, a new member shall be elected to complete that term. The principal shall post a notice in the staff lounge and for parents in the front hall and on the school sign, stating that there is a vacancy. The principal shall also communicate this information to the president of the PTA, who will conduct the parent election. These steps shall be taken in a timely manner.
2. Elections shall follow the process as stated under the parent and/or teacher elections.
Regular Council Meetings
Section 1: Schedule
The Council shall meet monthly. Meetings shall be held at times convenient to working parents. No Council meeting shall be held during the scheduled instructional day. The specific time and place of meetings shall be determined by Council.
The meeting shall be scheduled for a maximum of one and one-half (1 1/2) hours and may be extended with consensus, but not to exceed two (2) hours.
Section 2: Open Meetings
All meetings of the Council are open to the public and subject to the open meetings law.
Section 3: Agenda
A written agenda should be prepared and copies made available to the public at all meetings of the Council. The agenda of each Council meeting shall provide the opportunity for interested persons to address the Council. 
The Council shall determine the final agenda for the meeting as the first order of business.   Items requested to be included on the agenda, will be brought to the Council’s attention and may be added to the agenda. If the item is not added to the current meeting’s agenda, then it will be considered for the following month’s agenda.
Each agenda will include a time for the audience to be recognized. Any member of the audience may speak up to five minutes. The audience member may request an item(s) to be added to next month’s agenda. The secretary will note the concern of the audience member in the minutes.
Section 4: Quorum
A quorum of the council shall be four (4) members, one of whom shall be a parent.
Section 5: Notice of Meetings
1) Notification of each meeting shall be given to parents and teachers in each of the following methods by title of meeting, date, place (Oakview) and time:
            a) by notification to The Daily Independent by a minimum of 24 hours before the meeting when possible
b) by notification on the marquis and/or front door
            c) by oral report at each PTA meeting if possible.
Section 6: Closed Sessions
1) Closed sessions may be held only after a motion is made and consensus is reached in open, public sessions.
2) No final action may be taken during a closed session.
3) No matters may be discussed at a closed session other than what is publicly announced prior to convening the closed session.
4) Closed sessions can be called to discuss:
    a) discussion of proposed or pending litigation by or against Council.
    b) selection of a new principal or other new staff member.
5) After full discussion, the Council must return to open session and make any official decision needed on the matter, and the decision must be recorded in the minutes of the open session.
Special Council Meetings
A special meeting of the council may be called by the presiding officer or a majority of the Council members.
Any special meetings of the Council must comply with the requirements of the open meetings laws.
Notification of any special meetings shall be given to SBDM parents and teachers by written notification specifying areas to be discussed, date, place, time and agenda at least 24 hours in advance of a special meeting, posted on the front hall SBDM bulletin board, and on the front glass to provide visibility from outside.
Discussion and action shall be limited to items listed on the agenda notice.
Section 1: Duties of Council Members
1. Members shall address the needs, concerns, and programs of Oakview Elementary School as identified by the legal responsibilities of the school council.
            2. Members shall establish committees as needed to study identified issues and report to the Council.  
3. Members shall establish a written directive to each committee formed as to the precise issue involved and the report required.
            4. Members shall use the consensus-building decision making process when possible.                   
            5. Members shall encourage and request data and opinions from all constituencies.
6. Members shall support, promote, and communicate decisions of the Council.
                  7. All Council members shall receive training in School Based Decision by a trainer endorsed by the Kentucky
Department of Education in the legal aspects, process, and roles on the responsibilities of SBDM. Person(s)who are elected for the first time may get their training at any time after they are elected within their first term, and those who have already served a term may count training received up to 11 months before the start of the term.
            8. Set policies as legally required and additionally recommended under the SBDM law.
            9. Limitations: The Council shall not:
                        a) recommend the transfer or dismissal or any member of the school staff.
                        b) violate state or federal law or regulations
                        c) take any action that unreasonably risks the health of safety of students, staff or others.
                        d) take any action that exposes the Council or the district to unreasonable risk of legal liability.
                        e) authorize any purchase that exceeds the financial resources available to do so.
                   f) take any action that violates contractual obligations already made by the district or the Council to   personnel and other providers of goods and services.
                        g) exceed the responsibilities given to Council by state law or board policy.
Section 2: Duties of the Chairperson
1.       The principal of Oakview Elementary School will serve as chair of the Council and will conduct all Council meetings.
2.       The chairperson is responsible for setting, posting, and communicating the preliminary agenda at least one day before each meeting to all council members and a copy posted on the front bulletin board
3.       The chairperson or his/her designee will provide notification of all meetings, whether regular or special, and all elections, pursuant to the notification required within these By-Laws.
4.          The chairperson will maintain records of all committee reports and documents of the council.
5.          The chairperson will be responsible for forwarding the agendas and minutes to the Oakview webmaster for posting to the Oakview website.
Section 3:        Duties of the Vice Chairperson
1.       The vice chairperson shall be elected by a majority vote from within the Council membership. The vice chairperson shall act as chair in the absence of the chairperson. 
            2. The vice chairperson shall be elected by a majority vote of the Council at the first council meeting of the term.
All meetings of the Committees are open to the public and subject to the open meetings law. Minutes from each committee meeting should be recorded and submitted with their report.
Committees will be appointed as needed, with membership drawn from parents, teachers and any interested parties, with a chair to be selected by the Council. A written charge (direction) will be given to each ad hoc committee assigned by the Council.
Committees will encourage input from all constituencies to be used as resources in data and opinion gathering.
The committee chairperson or appointed committee member will report at each Council meeting as requested by the Council until the committee is dissolved.
Each committee will present a final written report to the Council with a recommendation as needed.
Decision Making Process
All Council decisions will be made by consensus. If no member states unwillingness to support an issue or motion, then the chair shall direct the record to show consensus has been reached.
When a motion for consensus fails, the council may continue to discuss the issue until two more motions for consensus have been made and failed. Once two more motions have failed for consensus at the same meeting, the chair shall direct that the proposal be taken up again at the next meeting.    If the issue is filling a vacancy other than the principal, the chair may instead ask each member to make a final comment on the issue and then declare that consultation has been completed. 
If the Council takes up an issue at a second meeting and is still unable to reach consensus, the Council shall consider alternative steps, including but not limited to:
            a) asking a committee to bring the Council a new proposal on the issue
c)      scheduling a fact finding session, at which all members of the school community are invited to present factual information about the issue. Opinions without specific factual basis will not be recorded.
            c) request opinions of the members of the school community
            d) consider the matter again at the next meeting, and if consensus there fails, decide the matter by majority vote.
The Council will only make decisions by vote:
a)      when the Council will otherwise be unable to meet a legal deadline by which the Council is required to have a decision or,
b)      when the Council has agreed at a second meeting about an issue to discuss it at a third meeting and decide by majority vote if consensus fails them (as allowed under provision d above).  
No policy or article shall be adopted by the Council at the meeting in which the policy or article is introduced. Each considered policy or article shall have two (2) readings before the Council. A policy or article may be adopted only after the second reading.
Appeal of Decisions
Section 1: Eligibility
Any resident of the district or a parent, student or employee of the school may appeal Council decisions. 
Section 2: Process
Appealing a decision made by a school Council shall include the following procedure:
1.       An appeal on a decision made by a school Council must first be reviewed by the school Council, which shall make a timely response (by the next Council Meeting to the appealing party).
            2. If the matter is not satisfactorily resolved by the Council, the appeal may then be submitted in writing to the Superintendent.
Section 3: Basis
Actions of the Council will be reviewed on appeal based on whether the Council action was arbitrary, violated district policy, exceeded the authority of the Council or was otherwise unlawful under state or federal law.
School Council Responsibilities
The Council’s policy making authority is limited to that described in KRS 160.345 and KRS 156.160. The council is limited to roles listed in the state law.
The Council may amend these by-laws as needed.
Section 1: Procedure
1.       A proposed amendment to these by-laws must first be presented to the Council who may refer it to an appropriate committee for consideration.
2.       After the first step is completed, the procedure for the adoption of an amendment shall be the same as for any other motion or issue.
Section 2: Majority Requirement
A two-thirds (2/3) majority vote of the Council is required for the adoption of any amendment if consensus can not be reached.
Section 1: Open Communications
1.       There shall be open communication between the school Council, the Parent Teacher Association, faculty, parents, and the community.
            2.   All minutes of school Council meetings will be made public and available to parents and faculty upon request.
3.       Suggestions or concerns of any concerned party may be voiced to Council members or communicated in writing to any Council member.
Section 2: Council Information
Each group comprising the educational community (principal, teachers, other professional staff, parents, school support staff, students, etc.) shall be regularly informed about Council tasks and given a chance to offer perceptions, ideas, concerns, and opinions related to those tasks.