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Operations Handbook: Part One

Authority and Responsibilities of the Board of Education

The powers and mandatory duties of the Board of Education are defined in the Education Article of the Annotated Code of Maryland and Title 13A of the Code of Maryland Regulations. The Board's primary responsibilities, aligned to support the strategic plan of the school system, include, but are not limited to:

  1. Selecting and appointing the Superintendent of Schools;
  2. Formulating and interpreting policies;
  3. Adopting operating and capital budgets;
  4. Making decisions on educational, budgetary, financial (including authorization of legal settlements with the exception of special education settlements up to a level adopted by the Board), and facility matters;
  5. Establishing curriculum guides and courses of study;
  6. Making a continuous appraisal of the educational and administrative management of the school system;
  7. Establishing school boundaries;
  8. Communicating with citizenry, staff, and students;
  9. Acting in a quasijudicial capacity, in particular, deciding appeals;
  10. Acting on personnel matters; and
  11. Advancing a legislative agenda before the County Council and General Assembly.
In addition to those mandatory duties that are defined in law, the Board is committed to the "Key Work of School Boards" developed by the National School Boards Association. The "Key Work of School Boards" encompasses these eight areas of action:
  1. Establishing a clear vision of student achievement as the top priority of the school board, staff, and community.
  2. Setting clear standards for student performance.
  3. Establishing an assessment process that measures success at regular intervals.
  4. Establishing a strong accountability process.
  5. Aligning resources to focus on students meeting the standards.
  6. Creating a positive climate for student success.
  7. Building collaborative relationships with political and business leaders, with a focus on developing a consensus for student success as a top community priority.
  8. Committing to continuous improvement for student achievement.
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Board Members Authority

State law determines that power belongs not to individual members of a Board of Education but to the Board of Education itself. Board Members have authority only when acting as a Board of Education in a legally constituted session, a quorum being present. The statement or action of an individual member or group of members of the Board of Education does not bind the Board of Education itself, except when that statement or action is authorized by an official act of the Board

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Board Member Qualifications

A full-voting member of the Board of Education must be a registered voter of Montgomery County. An individual subject to the authority of the county Board may not serve.

The seven full-voting members are elected for a four-year term at the general election every two years. Four members (three by district and one at large) are elected in gubernatorial election years, and three members (two by district and one at large) are elected in presidential election years. Unlike County Council elections, all voters in the county vote for members of the Board of Education regardless of the candidate's district. Notwithstanding when the ceremonial oath of office is administered, the term begins on December 1 after the election and continues until a successor is elected and qualifies.

The student member must be a resident of Montgomery County and a regularly enrolled junior or senior year student from a Montgomery County public high school.

The student Board Member is elected for a one-year term each year by students enrolled in Grades 6 through 12 in the Montgomery County Public Schools. The student term of office begins on July 1 after the election.

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Board Candidates and Members-Elect

Election procedures are found in the Election Article of the Annotated Code of Maryland.

Board candidates are required to file public financial disclosure statements for the preceding calendar year with the Board of Supervisors of Elections at the time they submit their certificate of candidacy. After the candidate's election to the Board of Education, the Board of Supervisors of Elections sends the financial disclosure form to the Board of Education Ethics Panel. School system practice is to use the following processes for Board Member candidates:

  1. Materials, except items of a confidential nature, for Board business meetings are made available to be picked up by candidates who have filed.
  2. After the primary election, the remaining candidates receive these materials at their homes.
  3. After the general election and prior to being sworn in, members-elect receive all materials, including items of a confidential nature, provided to Board Members. Except for voting, they participate fully in all meetings of the Board.
  4. After the student member is elected, he or she receives all Board materials at his/her home. He/she participates in meetings of the Board of Education.
  5. Newly elected Board Members are usually seated at the outside of the Board table.

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New Board Member Orientation

Following the election of new members, the Board of Education officers provide for an orientation to the Board's operation and processes. Information is provided about the functions of the office of the Board of Education and the working relationships with the Superintendent of Schools and the staff of the Montgomery County Public Schools. New Board Members are informed that Board Members must file financial disclosure statements annually with the Board's Ethics Panel.

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Student Board Member

The student member has the same rights and privileges of an elected member except that the student member may not vote on matters relating to capital and operating budgets, school closings, school reopenings and boundaries, personnel matters governed by §6202 of the Education Article, and collective bargaining. The student member may indicate a preference, and the vote of the student is recorded in parentheses on these issues. If invited to do so by a majority vote of the seven full voting members of the Board, notwithstanding the lack of a vote, the student member may attend personnel hearings pursuant to §6-202 and closed sessions related to collective bargaining. The student member may also make motions or second motions made by others. However, his or her right to vote on such motions is predicated upon whether it concerns a matter on which the student member's vote counts.

The student member is awarded one full credit in social studies and student service learning hours equivalent to hours devoted to being the student member of the Board upon completion of a one-year term on the Board of Education.

The student member may distribute diplomas and/or certificates at high school commencements but may not confer his or her own diploma.

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Filling Vacancy of Board Member's Unexpired Term

In the event of an adult Board Member's resignation, death, or removal from office, the remaining members of the Board will select a qualified individual to fill the vacancy. This individual will serve for the remainder of the term and until a successor is elected. The Board determines the process for the selection of the new Board Member. In the event of a vacancy in the student Board Member, the individual receiving the second highest vote in the most recent election shall be seated as the student member for the remainder of the term.

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Removal of Board Member

Pursuant to statute, the County Council may remove a Board Member for immorality, misconduct in office, incompetency, or willful neglect of duty. The member may request a hearing and have an opportunity to be heard. The member also has the right to a de novo review of the removal by the Circuit Court of Montgomery County.

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Ethics

The Board of Education has adopted the following Code of Ethics as recommended by the National School Boards Association:

"As a member of my local Board of Education I will strive to improve public education, and to that end I will:

  • Attend all regularly scheduled Board meetings insofar as possible, and become informed concerning the issues to be considered at those meetings;
  • Recognize that I should endeavor to make policy decisions only after full discussion at publicly held Board meetings;
  • Render all decisions based on the available facts and my independent judgment, and refuse to surrender that judgment to individuals or special interest groups;
  • Encourage the free expression of opinion by all Board Members, and seek systematic communications between the Board and students, staff, and all elements of the community;
  • Work with other Board Members to establish effective Board policies and to delegate authority for the administration of the schools to the Superintendent of Schools;
  • Communicate to other Board Members and the Superintendent of Schools expressions of public reaction to Board policies and school programs;
  • Inform myself about current educational issues by individual study and through participation in programs providing needed information, such as those sponsored by my state and national school Board associations;
  • Support the employment of those persons best qualified to serve as school staff, and insist on a regular and impartial evaluation of all staff;
  • Avoid being placed in a position of conflict of interest, and refrain from using my Board position for personal or partisan gain;
  • Take no private action that will compromise the Board or administration, and respect the confidentiality of information that is privileged under applicable law; and
  • Remember always that my first and greatest concern must be the educational welfare of the students attending the public schools."

Moreover, the Board has adopted Policy BBB, Ethics Policy to govern actions of its members, school officials, and employees.

The Board, meeting in retreat, adopted the following principles to reflect its commitment to work together as a Board in the best interests of the school system:

  • Respecting individual differences and opinions and being open-minded
  • Being prepared to do the work of the Board
  • Supporting decisions of the Board and not working against them
  • Reassessing the way the Board does business
  • Disagreeing on issues without making it personal
  • Keeping confidential issues and closed session issues within the Board
  • Being more candid in expressing opinions
  • Improving communications among all Board Members
  • Maintaining professional decorum during Board meetings

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Board of Education Goals and Priorities

The Board of Education has control over educational matters that affect the county and promotes the interests of schools under its jurisdiction. The Board of Education adopts a strategic plan to guide the school system in developing, implementing, and improving educational programs for its students.

With the advice of the Superintendent of Schools, the Board of Education establishes priorities together with specific objectives for the attainment of these priorities. Following the establishment of priorities, the Superintendent of Schools and Board Members recommend agenda items for Board meetings based on these priorities.

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Appointment of the Superintendent of Schools

The term of the Superintendent of Schools is four years beginning on July 1. The Superintendent of Schools serves until a successor is appointed and qualifies. By February 1 of the year in which a term ends, the county Superintendent of Schools must notify the Board whether or not he/she is a candidate for reappointment.

In the year in which a term begins, the Board of Education appoints the Superintendent of Schools between February 1 and June 30. Should the Board decide to reappoint the incumbent Superintendent of Schools, the Board must take final action at a public meeting no later than March 1 of that year.

The appointment of the Superintendent of Schools is subject to written approval of the State Superintendent of Schools. If there is a vacancy in the office, the Board shall appoint an interim Superintendent of Schools who serves until July 1 after his/her appointment.

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Responsibility and Duties of the Superintendent of Schools

The Superintendent of Schools is responsible for the administration of his/her office and carries out the laws, bylaws, and policies of the state Board of Education as well as the rules, regulations, and policies of the county Board of Education.

The Superintendent of Schools advises the Board of Education on educational policies of the school system, school attendance areas, curriculum guides and courses of study, and any question under consideration by the Board. The Superintendent of Schools recommends contracts, to the extent required by law, and other documents for Board approval. The Superintendent of Schools also informs the Board in advance of administrative reorganizations, including transfers of functions, establishment of positions and offices, and consolidations of positions and offices. The Superintendent of Schools proposes annual operating and capital budgets to the Board of Education. The Superintendent of Schools attends all meetings of the Board and its committees unless his/her tenure or salary or the administration of his/her office is under consideration, and except when the Board is considering appeals in its quasi-judicial role in closed session. In the absence of the Superintendent of Schools, the Deputy Superintendent of Schools or designee fulfills these duties. By contract, the Superintendent of Schools is evaluated annually on the achievement of mutually agreed upon priorities and objectives.

By law, the Superintendent of Schools as executive officer, secretary, and treasurer of the Board keeps a record of the proceedings of each meeting of the Board and of all actions taken by the Board.

The Superintendent of Schools recommends the appointment of administrative and supervisory personnel to the Board of Education for its approval, whether by discrete personnel actions or by way of a monthly personnel report approved by the Board. The Superintendent of Schools also informs the Board in advance of transfers of administrative and supervisory personnel. In the monthly personnel report, the Superintendent of Schools recommends approval of personnel appointments, terminations of MCPS personnel, and disciplinary actions.

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Officers

The officers of the Board of Education are the President, Vice President, and, by law, the Superintendent of Schools as the executive officer, secretary, and treasurer.

The President presides at all meetings, signs authorized or approved contracts and other documents on behalf of the Board, represents the views of the Board in all communications and correspondence, and performs other duties prescribed by law or by the Board. The President may appoint ad hoc committees of the Board and/or staff members to study specific issues or undertake desired projects. In the absence of the President, the Vice President performs these duties.

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Board Organizational Meeting

The Board of Education must conduct an annual meeting on or before January 10 for the election of a President and Vice President. The Board traditionally conducts its election of officers as the first order of business at its first business meeting in December, but, in any event, the election shall take place no earlier than December 1 or the date on which new members are sworn in, whichever is later.

The meeting is called to order by the secretary-treasurer (by law, the Superintendent of Schools). The names of all members are automatically placed in nomination, and, through an individually recorded written vote, the members elect a president and vice president from among the currently sitting members by majority vote. The election for President shall precede the election for Vice President. Immediately upon their election, the President and Vice President shall assume the duties of their office.

If both the President and Vice President are absent from a Board meeting, the Superintendent of Schools presides until a President pro tem is elected from among the Board Members.

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Meeting of the Board of Education

Update: The Board of Education has implemented significant changes to enhance the operation of its Business meetings, beginning with its September 2007 all-day Board meeting. These changes will ensure that business meetings encourage input from the community on issues that are being specifically addressed by the Board at its meetings. They will also permit the Board to have more in-depth discussions of key issues that are aligned to the school system’s strategic plan – "Our Call to Action: Pursuit of Excellence."

The Board will reserve ten of the fifteen slots for public comments for speakers who wish to comment on issues that are on the agenda for that day’s Board meeting. The other five slots will be reserved for speakers who wish to comment on other issues that are not specifically on the agenda. The Board of Education Office will be accepting phone calls on the Monday before the Board meeting. The time period from 10:00 to 10:30 a.m. will be for speakers who wish to speak on issues relating to the day’s agenda, and 11:00 to 11:30 a.m. will be for speakers who wish to speak on other issues. Individuals wishing to provide comments should call the Board office at 301-279-3301 at the appropriate time to reserve a slot.

In addition, the evening Board meetings will now begin at 6:00 p.m. immediately after the Board’s closed session at 5:30 p.m. with adjournment scheduled for no later than 9:30 pm. Each evening business meeting will be focused on a key issue that is aligned with the strategic plan in order to provide the Board ample time for in-depth discussion and appropriate action.

If you have any questions on these changes, please call the Board Office at 301-279-3617.

All meetings of the Board of Education are public meetings, except for closed sessions as permitted under state law.

Regular meetings

  1. The Board usually conducts two business meetings per month. The all-day business meeting is usually held on the second Tuesday of the month, and the evening business meeting is usually held on the second Monday following the all-day meeting (13 days later). The meetings are held at the offices of the Board of Education at the Carver Educational Services Center in Rockville, Maryland, unless otherwise designated.

  2. Every effort is made to schedule items of significant public interest at times convenient to the general public, and a special effort is made to group similar and major educational issues together during business meetings. Presentations by staff should not be repetitive of the written paper; rather, the highlights of the paper and recommendations shall be make in a manner that allows sufficient time for the Board to discuss the agenda item.

  3. At every business meeting, 30 minutes are set aside for Public Comments to encourage public participation. The first fifteen (15) speakers who contact the Board Office by telephone from 3 p.m. to 4:30 p.m. on Monday prior to the business meetings are granted two (2) minutes to speak. If the Board Office is closed on a Monday, callers may register to speak by calling as of 8:30 a.m. the following Tuesday. Unallocated slots may be filled — first come, first served — by signing the appropriate sheet at the Board meeting no later than 15 minutes prior to the scheduled time for Public Comments. Comments about the actions or statements of individual staff members are not appropriate for Public Comments and should be referred to the Superintendent of Schools or processed through available channels. If submitting written testimony, speakers are requested to provide 25 copies.

  4. The advance agenda shall indicate if an item is intended for discussion (D), action (A), information (I), and/or recognition (R). Notwithstanding the designation, any member can introduce a resolution germane to an agenda item before the Board.

  5. In addition to taking action on scheduled items, the agenda of each business meeting contains an opportunity for Board and Superintendent of Schools comments on activities, requests for information, and questions of a general concern. Requests for information that would entail a commitment of considerable amount of time of staff to respond shall require either approval by the Board as an item of new business or voicing of a consensus on the part of the entire Board.

  6. There are two ways to place an item on Board agendas. One way is for the Board officers and the Superintendent of Schools, when setting the Board agenda, to agree that certain items need to appear. The other method is for an item to be brought before the Board through a motion and a second under "new business" at a business meeting, and for a majority of the Board to approve that motion at a subsequent meeting. Unless stated in the motion, the scheduling of any new business item shall be determined by the Board officers and Superintendent of Schools, with every effort being made to schedule major action items when all Board Members can be present. Except for policy matters, items that are time sensitive may be voted upon during the same meeting as introduced if the Board Members by majority vote so concur. Board Member proposals to establish special programs where a substantial amount of staff time is needed to develop the programs must be approved in accordance with Board procedure for establishing and evaluating special programs. Prior to voting on an item of new business which seeks a paper from the Superintendent of Schools, the Superintendent shall be asked how much time it would take staff to prepare a response.

  7. At every business meeting, an item is scheduled on future and past closed sessions. For future closed sessions, the Board will adopt a resolution citing the reason(s) for the session(s) as well as the time and place of the session(s). Immediately prior to the Board convening a closed session, the Board shall adopt a resolution in open session that more specifically details the items for consideration at the closed session. For past closed sessions, a statement will be made on the time, place, and purpose of the closed session; a record of the vote of each member as to closing the session; a citation of the authority for closing the session; and a listing of topics of discussions, and persons present, and each action taken during the session.

  8. At every business meeting, time shall be set aside for "Consent Items," consisting of matters which the President or Superintendent of Schools believes will be adopted by unanimous vote. Approval of the consent agenda shall include the approval, by one voice vote, of all items included as consent items, provided that any member may defer to the end any item on which discussion is desired, after which a separate vote shall be taken.

  9. Meetings are to begin promptly at the starting time on the agenda, a quorum being present. Closed sessions normally are scheduled at the start, lunch hour, and/or end of the meeting. Evening meetings will be scheduled to conclude no later than 11 p.m. and, normally, no new item of discussion or action will be taken up after 11 p.m.

  10. The Board of Education schedules a recess during August. The Board officers shall establish the timeframe for the recess.
Special Meetings

Other than regularly scheduled business and committee meetings publicized in advance, the Board may meet for work sessions, policy development sessions, annual meetings with organizations and other public bodies, meetings with students, public hearings, cluster meetings, and public forums. These meetings may be held at the offices of the Board of Education or in communities throughout the county.

Special meetings may also be called by the President of the Board, by the Superintendent of Schools, or at the written request of a majority of the Board. Whenever possible, at least 24 hours notice of special meetings and their purpose will be given to each Board Member and, whenever feasible, meeting dates will be determined in consultation with Board Members.

No business may be transacted at a special meeting which does not come within the purposes set forth in the call for the meeting unless all Board Members are present and agree unanimously to the consideration of the additional item(s).

Retreats

The Board holds retreats from time to time for such purposes as to provide orientation to newly elected Board Members, to provide background for contract negotiations, and to provide the opportunity for members to discuss Board operations, goals, and priorities. Any substantive conclusions about priorities, and other specific actions of a policy or budgetary nature, reached during Board retreats must be publicized afterward and adopted formally by the Board in recognition of the fact that Board business must be conducted in public.

Closed Sessions

Meetings of the Board and its committees are subject to the "Open Meetings Act." Under Title 10 of the State Government Article of the Annotated Code of Maryland, the Board of Education is authorized to meet in closed session and retreats to discuss personnel matters, acquisition of real estate, pending litigation, collective bargaining issues, matters protected from public disclosure by law, and other issues including consultation with counsel to obtain specific legal advice under Section 4107 of the Education Article and Section 10508 of the State Government Article of the Annotated Code of Maryland. The Board of Education adopts a resolution prior to going into closed session and states the reason for the session; if an emergency session is required, the Board must give notice of the session and take a public vote to go into closed session. The following are guidelines for closed sessions:

  1. Closed sessions may be called by the President at any time, at the request of any member, or the Superintendent of Schools. However, the Board must take a public vote to go into closed session and must give public notice of the meeting by delivering a notice of the date, time, and place of meeting to the news media or posting the notice at the meeting site.
  2. The presiding officer shall conduct a recorded vote on the closing of the meeting and shall make a written statement setting out the reason for closing the meeting, the specific provision of the Open Meetings Act that allows the meeting to be closed, and the topics to be discussed at the closed session.
  3. It is the responsibility of Board Members to monitor the topics discussed in closed session to assure that the topics discussed are appropriate for closed session.
  4. Board Members and staff are expected to maintain the confidentiality of closed session.
  5. The attorney general has ruled that although the Montgomery County Board of Education is without power to discipline its members, it is free to adopt a resolution that expresses its disapproval of a member's action in disclosing the contents of a closed session discussion.
Committees

As the Board deems appropriate, standing and ad hoc committees and subcommittees shall be established by resolution, reflecting their mission and composition. After initial appointments being made for staggered terms, future vacancies shall be filled at the all-day meeting each December. Committees shall decide upon their own meeting schedules and make recommendations to the full Board, as appropriate. The Board shall consider any recommendations from a committee or subcommittee after having provided the opportunity to the Superintendent of Schools to make a recommendation or otherwise advise the Board as to its committee or subcommittee's recommendation. Committee and subcommittee meetings are governed by the Opening Meetings Act.

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Rules of Order

The Board of Education observes "Robert's Rules of Order, Newly Revised," in conducting its meetings, except as provided otherwise either in this Handbook or Board Policy. Moreover, the Board is guided by its own rules, state statutes, and State Department of Education bylaws which establish the following:

  1. A motion is not adopted without the approval of five members with the exception of those matters on which the student member's vote does not count, in which instance the motion requires the approval of only four members.
  2. The Board adopts its agenda at the beginning of a business meeting. Times listed are intended for guidance only. Unless changed by the Board, the order in which items appear on an agenda will be followed. Any changes in the adopted agenda are made by consensus or by majority vote.
  3. A quorum consisting of a majority of the full Board shall be present to convene a meeting. Thereafter, the quorum required to transact business will vary depending upon whether the student member's vote counts.
  4. Any resolution introduced which involves a matter of policy shall lie on the table for at least one week before being voted upon. The presiding officer rules as to whether any proposed resolution is a policy. If there is an emergency, this provision may be waived without notice if all members are present and there is unanimous agreement.
  5. The rules and regulations governing the operations of the Board (except those required by statute and governing special meetings and policy issues) may be amended by a majority vote of the Board at any meeting, provided that each member shall have been furnished a copy of the proposed amendment at least one week in advance. Robert's Rules state: "Rules protecting absentees or a basic right of the individual member cannot be suspended, even by general consent or a unanimous vote."
  6. Board Members may not vote in absentia or by proxy.
  7. The staff director serves as parliamentarian to the Board of Education.

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Updated September 25, 2007 | Maintained by Web Services | Content Manager Glenda Rose