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Board of Education → About: Operations Handbook → Part II

Operations Handbook: Part Two

Record of Board Meetings

The Board of Education maintains records of meetings as follows:

1. Audio and video tapes of the Board's business meetings and hearings are retained for five years.
2. The minutes of all public meetings contain actions taken by the Board and a summary of the Board's discussion. A Board Member may specifically request that a statement on a subject be reflected in the minutes. The minutes record the vote of the student member in parentheses when the student's vote does not count.
3. Minutes of closed sessions, which include a list of each item considered, the action taken, and each recorded vote.
4. The tape recordings and minutes of public meetings are available as a matter of public record. Arrangements can be made to purchase audio and video tape recordings of Board meetings.

Update: All minutes of the Board from 1980 to the present, as well as meeting agenda and presentation packets, are available on the minutes & agenda archive page of the Board of Education web site.

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Negotiations

The Board of Education engages in contract negotiations with the Montgomery County Association of Administrative and Supervisory Personnel (MCAASP), the Montgomery County Education Association (MCEA), and the Montgomery County Council of Supporting Services Employees (MCCSSE). By law, the Board of Education is permitted to meet in closed session to discuss issues related to contract negotiations with the employee organizations. It is expected that Board Members will maintain the confidentiality of issues discussed during closed sessions.

The Education Article of the Annotated Code of Maryland, §§6408 and 6-510, provide the framework for negotiations.

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Personnel Appointment Procedures

1. Under state law, it is the responsibility of the Superintendent of Schools to recommend the appointment of personnel to administrative and supervisory positions. These appointments are discussed by the Board of Education in closed session and confirmed by majority vote in public session.
2. The Superintendent of Schools also notifies the Board in advance of the transfers of personnel to administrative and supervisory positions.
3. The Board of Education also receives and reviews a monthly personnel report in closed session and takes a public vote on the report. The report contains appointments of administrative and supervisory personnel, teachers and supporting services personnel, termination for all personnel, and notice of suspension and dismissal actions. In addition, the Board adopts resolutions expressing sympathy when an employee has died.

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Meeting with Various Organizations

As part of its master calendar, the Board schedules annual meetings with the officers of the Montgomery County Region of Student Councils, Montgomery County Junior Councils, and Student Government Association presidents, Montgomery County Council of PTAs, Montgomery County Association of Administrative and Supervisory Personnel, Montgomery County Education Association, Montgomery County Council of Supporting Services Employees, and PTA clusters (the latter on a rotating basis). The Board may also meet from time to time in informal meetings with other elected and appointed officials, education, civic, and community organizations.

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Public Hearings — Other Than Facilities Hearings

The Board of Education schedules public hearings on issues it determines to be of widespread interest and concern. A quorum of the Board is not required to be present for a hearing to be conducted. In addition to special public hearings, the Board holds hearings on its annual operating budget, its proposed capital budget and CIP, and on school boundaries. Hearings for the proposed capital budget and CIP and/or boundaries are governed by Board Policy FAA.

General guidelines for these public hearings are as follows:

1. Whenever possible, a public hearing will be scheduled one month in advance. The subject and date of the hearing will be publicized through the Board's customary communications channels and by a release to the news media.

2. The public may sign up to speak beginning at 9 a.m. on the day three weeks prior to the hearing. The agenda for the hearing is closed when the maximum number of speakers is registered or at the close of business the day before the hearing. Hearings usually begin at 7:00 p.m. and conclude at 10:30 p.m., unless the Board decides to schedule a hearing during a weekday or weekend.

3. The following time limits for testimony apply:
   1. Organizations/Municipalities/Elected Officials — 5 minutes
   2. Individuals — 3 minutes
   3. Clusters (depending on number of schools) — 10 to 15 minutes
   
   

   The Board of Education passed a resolution which modified the time limits for testimony on the operating budget as follows:

   • The Montgomery County Council of PTAs; Montgomery County Education Association; Montgomery County Association of Administrative and Supervisory Personnel; SEIU Local 500; municipalities and elected officials; Montgomery County Taxpayers Association; and the Montgomery County Civic Federation each will be allotted five minutes for testimony.
   • Each PTA cluster will be assigned an eight-minute slot on one of the two evenings set aside for hearings.
   • Other organizations and individuals who wish to testify on either of the evenings set aside for the hearings will be provided a three-minute time allotment—on a first-come, first-served basis—by calling the Board office no earlier than three weeks prior to the date of the first public hearing.

   All participants be encouraged to identify the impact of their budget recommendations on the effective implementation of the Strategic Plan.
   See calendar for dates of operating budget hearings




4. Municipalities and the MCCPTA shall be accorded the opportunity to testify first, followed by PTAs and then — on a first-come, first-served basis — individuals, civic and countywide organizations. Usually, MCCPTA Cluster Coordinators in consultation with their PTA Presidents, will coordinate testimony on behalf of local PTAs and notify the Board Office of speakers within their allotted cluster time. Alternatively, such testimony may be coordinated by MCCPTA Area Coordinators, in which case testimony may be grouped by areas and time allotted differently than stated above. Cluster Coordinators and Area Coordinators are strongly encouraged to ensure that diversity of opinions are accommodated when scheduling testimony.

5. A person calling to speak, other than a Cluster or Area Coordinator, may reserve only one space. Only one speaker will be registered for any organization unless the Board provides otherwise. Individuals and organizations may not cede time to others who have signed up. Elected officials are given the courtesy of being placed at the time of their choice on the agenda.

6. Speakers are encouraged to provide 25 copies of their statements at the hearing for distribution to Board, staff, and press.

7. Public hearings are tape (audio and video) recorded, and arrangements can be made to purchase the recording at a later date, if desired.

8. If the speakers are not present at their designated time, every effort will be made to accommodate their testimony prior to adjournment of the meeting.

9. To expedite the hearing, Board Members and the Superintendent of Schools will limit their participation solely to asking questions of the speakers or follow-ups of staff. Cluster Coordinators, and other interested citizens upon request, shall be provided copies of follow-up responses to questions raised at hearings.

10. Written statements submitted in lieu of testimony will be given equal consideration, but, in order to be considered, must reach the Board no later than 48 hours before the time scheduled for action by the Board. Whenever possible, the public record will remain open for two weeks following the public hearings.

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Public Participation in Board Meetings

The members of the Board of Education desire to hear the views and have the advice of interested citizens. To help ensure effective public participation in the decision-making process, the Board:

1. Makes agenda materials available to the public on the day of the evening business and special meetings and the Monday prior to the all-day business meetings.

2. Maintains an agenda mailing list for interested citizens and press.

3. Posts the agenda on the school system's e-mail system and Internet site.

4. Involves citizens and students on advisory committees.

5. Holds public hearings on the operating and capital budgets and on issues of wide public interest.

6. Provides time at its business meetings for the public to comment on educational issues and other matters before the Board.

7. Encourages citizens to communicate with Board Members by publishing public telephone numbers, fax numbers, addresses, and e-mail addresses.

8. Widely circulates proposed policies for comment. (See next section.)

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Policy Development and Adoption

The Board of Education has a policy on policy-setting which includes a definition of "policy" and a uniform format for policy development and implementation, including publication, monitoring of implementation, and review. Discussion of a new policy usually occurs over three meetings: one to discuss the Superintendent's policy analysis, the second to take tentative action, and the third to take final action on the policy.

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.

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Agenda Setting and Board Materials

1. Prior to July of each year, the Board of Education receives a master calendar of Board meetings and hearings for the ensuing year.

2. A continuous listing of future agenda items is maintained; provided, however, that subsequent to the last meeting in November following each biennial election of Board Members, upon the adjournment of the Board sine die, the Board officers and Superintendent of Schools shall determine those items to remain on the list of "items to be scheduled," giving due regard to items of new business approved by the Board and considered input of individual members. Information on topics to be discussed is made available to the press, staff, and public through "items in process," an information item distributed at the all-day business meeting, as well as through materials developed at the agenda-setting meeting (explained below).

3. Pre-Board and Post-Board:

   1. Pre-Board. Prior to a Board meeting, with as much advance notice as feasible, Board Members who need information or desire staff members to be available to answer questions at the table about an issue should alert Board staff to request that the Superintendent of Schools answer those questions and/or provide the information needed.

   2. Post-Board. After business meetings and hearings, the Board staff and Superintendent's staff discuss items raised during the Board meeting, assign responsibilities for follow-up items, and review draft agendas and calendars for future Board meetings.

4. The Board Office schedules a monthly agenda-setting meeting with Board officers, the Superintendent of Schools, and designated staff. At these meetings, the following items are discussed:
   1. The agenda for future business meetings. The Superintendent of Schools and/or designee advise the Board officers of time requirements for agenda items, the status of major items to be discussed, and the availability of staff to be present for Board discussions.
   2. A list of items to be scheduled. The Superintendent of Schools and/or designee inform the officers of the status of items to be scheduled and suggest dates for their presentation.
   3. Calendar. The Superintendent of Schools and/or designee and Board officers review a calendar of future Board meetings (regular and special), closed sessions, public hearings, and work sessions.
   4. After the agenda-setting meeting, copies of materials agreed upon are sent to Board Members, executive staff, employee organizations, MCCPTA, and MCR. Upon request, copies are made available to the public and the press.

5. An agenda mailing list, which is updated annually, is maintained for designated organizations, government agencies, and individuals.

6. Packets of Board agenda materials are prepared for Board Members, key staff, selected organizations, and the press. Board Members receive duplicate copies of materials previously distributed.

7. Board folder materials are not released to the public until Board Members have received them. Press packets are normally available on Monday mornings prior to regular Board meetings.

8. Upon distribution of the Board folder materials, the agenda for all business meetings shall be posted on the school system's e-mail system andInternet site.

9. Major reports and policies which require extensive study and review are distributed to Board Members at least one regular meeting in advance of the meeting when they are scheduled for Board consideration.

Update: All minutes of the Board from 1980 to the present, as well as meeting agenda and presentation packets, are available on the minutes & agenda archive page of the Board of Education web site.

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Appeals to the Board of Education

The various procedures governing appeals to the Board are listed in the MCPS Policies and Regulations Handbook as well as state law.

The major documents governing appeals to the Board of Education are in MCPS Policy BLB: Rules of Procedure in Appeals and Hearings and MCPS Regulation JEE-RA, Transfer of Students.

Appeals are of three types pursuant to Annotated Code of Maryland, Education Article: §4205(c) disputes involving rules and regulations of the Board; §6202(a) suspensions or dismissals of professional and/or certificated personnel; and §7305(c) student suspensions of more than 10 days or expulsions.

Once an appeal is started through the process, it is inappropriate for Board Members to discuss the issue with the appellant, the public, or staff. Once the appeal is properly filed, unless the appeal is subsequently withdrawn by the appellant or the Superintendent of Schools has granted the requested relief, only the Board itself can dismiss the appeal. It is expected that Board Members will maintain the confidentiality of documents related to the appeal and not discuss these materials with those not privy to such information.

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Board of Education Correspondence and Memoranda Procedure

Logs are maintained of incoming and outgoing correspondence and memoranda to the Board and from the Board Members.

Correspondence, Form Letters, and Petitions

1. Incoming correspondence is duplicated for all Board Members and Superintendent of Schools. Board Office staff determines whether correspondence requires a response and, if a response is required, assigns a due date for the preparation of the reply and directs the correspondence to the appropriate staff member. Staff prepares responses for the signature of the Board President, or in special cases the Board President responds personally. When the reply is signed by the Board President, copies of the response are duplicated for Board Members.
2. Petitions and form letters are not duplicated for Board Members. Staff counts the signatures and provides a sample page of the petition. One copy of the form letter is provided to the Board with a count of the number of form letters received.
3. When a heavy volume of single issue mail is received, the Board President determines whether these letters can be responded to by postcard. The postcard acknowledges receipt of the letter.
4. Individual Board Members have the option of responding directly to correspondence addressed to the Board or the individual member.
5. The ombudsman/staff assistant maintains oversight of the incoming mail process and reviews all outgoing correspondence pertaining to the Board of Education.

Memoranda

1. A memorandum written by a Board Member is automatically duplicated for all Board Members, the Superintendent of Schools, Deputy Superintendent of Schools, appropriate Associate Superintendents, and Board staff. The Superintendent of Schools assigns the responsibility of preparing replies to Board memoranda and follows up to make sure a timely response is prepared.
2. A memorandum written to a Board Member is automatically duplicated for all Board Members, the Superintendent of Schools, Deputy Superintendent, appropriate Associate Superintendents, and Board staff. Exceptions are confidential memoranda which may have expressly limited distribution.

Public Access to Correspondence and Memoranda

1. All correspondence and memoranda addressed to the Board of Education, the Board President, or to Board Members that are received in connection with the transaction of public business are available for public inspection at reasonable times unless they meet one of the criteria for denial in Maryland's Public Information Act (Annotated Code of Maryland, State Government Article , Sections 10611 et seq.).
2. The Superintendent of Schools is the official custodian of the records with the authority to delegate this responsibility.
3. The requestor of records may be charged fees to cover the cost of searching, preparing, or photocopying a public record.
4. If the request for records is denied, the reasons must be consistent with Maryland's Public Information Act, subject to review by the Circuit Court of Montgomery County.

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Board Advisory Committees

The Board of Education is empowered by state law to create citizen advisory committees to advise the Board, to facilitate activities and programs in the school system, and to recommend possible changes in Board policy. Committees may be ongoing or created for special purposes on a short term basis. A listing of current Board advisory committees and subcommittees shall be available from the Board Office. Committees appointed by the Board are subject to the Open Meetings Act.

In addition, there are advisory committees reporting to the Superintendent of Schools. On occasion, these committees present their annual reports to the Board of Education.

Moreover, pursuant to law and policy, the Board of Education has appointed an Ethics Panel which interprets the Board's ethics policy, reviews financial disclosure statements, and advises persons subject to the policy as to its application.

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Board of Education Memberships

The Board of Education maintains membership in state and national school boards associations as well as educational associations. The Board determines which, if any, state and/or national affiliations it wishes to add or maintain. Organizational memberships currently include the Maryland Association of Boards of Education, the Legal Services Association, the National School Boards Association, the National Federation of Urban-Suburban School Districts, and the American Association of School Administrators.

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Operating Budget Approval Process and Long-Range Educational Facilities Capital Budget Process

Two major issues which come before the Board of Education each year are the operating budget and the long-range educational facilities plan which includes action on the capital budget.

The operating budget includes salaries, contractual services, supplies and materials, furniture and equipment, and other funds necessary for the daily operation of the school system. The Board holds operating budget hearings in January after the December presentation of the Superintendent's recommended budget.

The operating budget is developed under the direction of the Superintendent of Schools who receives a wide range of community and parental input, including that of the Budget Review Committee established by resolution of the Board. The Superintendent of Schools recommends the budget's adoption to the members of the Board. The Board may hold work sessions prior to the adoption of the budget to secure additional information on the recommendations of the Superintendent of Schools and on items the Board itself is considering.

The date for submission of the operating budget to the County Council is established by county law. The budget must be submitted to the county by March 1 of each year and be adopted by the Council by June 1. In June the Board makes adjustments to the budget to conform with Council action and to reflect the final judgment of the Board on expenditure priorities prior to the July 1 deadline for submitting the school system's final operating budget to the County.

Each spring, the Superintendent of Schools reviews all Board of Education facilities decisions and capital budget requests. The capital budget includes construction and planning funds for new facilities, modernizations and renovations; furniture and equipment associated with these projects; and countywide maintenance efforts. Facilities issues include building utilization, educational program capacity, enrollment projections, boundary changes, and school closings/consolidation. During the spring, cluster, school, and community representatives meet to discuss feasible school program and facility alternatives, and by July 1, cluster representatives send the Superintendent of Schools proposed solutions, priorities, or concerns the cluster has identified for its schools.

Early in October, the Superintendent of Schools holds a public work session with the Board to discuss new school enrollments and projections. On or about November 1, the Superintendent of Schools publishes a proposed Six-year Capital Improvements Program or amendments thereto, subsequent to which the Board holds a work session at which members may propose alternative solutions to boundary changes. During November, the Board holds public hearings on facilities and boundary proposals with decisions scheduled prior to the end of November. The Board may opt to defer until a later time (usually March) selected boundaries and facilities decisions. See the Policy on Long-range Education Facilities Planning (FAA) for more details.

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Board Office Staff

Acting under the supervision of the staff director, the Board of Education staff shall provide general support to the Board of Education and its members to facilitate the discharge of their statutory responsibilities. Specifically, staff

• assists employees, parents, citizens and students having problems, complaints, information or suggestions and brings them to the attention of Board Members and other school officials, as appropriate;
• responds to requests from members of the Board of Education, the Superintendent of Schools, staff, public, and other governmental agencies for information on past or pending Board business;
• provides legislative and intergovernmental information and support, including representation of the Board of Education's interests before the General Assembly and State Board of Education;
• provides research assistance and analysis to Board Members;
• keeps official records of Board of Education business;
• attends all appropriate Board meetings;
• provides staff support, minutes, and follow-ups to Board of Education committees;
• coordinates the process of recruitment of nominations for appointment to Board of Education advisory committees;
• directs all appeal matters before the Board of Education;
• carries out responsibility of the daily administration of the office of the Board of Education, including correspondence, calendar, and general staff support.

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School Board Attorney

By state law, the Board of Education is empowered to retain counsel to represent it in legal matters. The procedures for retaining, appointing, and reviewing the performance of counsel are contained in the Board of Education Policy on Legal Services (BOA).

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Board Member Expense Standards

Please Note: Section § 3-902 of the Annotated Code of Maryland has been revised. The annual salary for a Board member is now $18,500 and the President of the Board is entitled to an additional $4,000 annually. Also, the adult Board members are now entitled to health insurance and to other fringe benefits regularly provided to employees of the Board under the same terms and conditions extended to employees of the Board. In addition, while the Student Member of the Board may not receive compensation other than reimbursement for out-of-pocket business expenses, upon completion of a full term, he or she is now granted a scholarship of $5,000 to be applied toward higher education costs.

All members of the Board of Education are entitled to be reimbursed for expenses directly related to Board business, beyond compensation provided by law (the adult members receive an annual compensation of $12,000, and the President receives an additional $2,000). The expenses directly related to Board business for which a Board Member may be reimbursed include local travel expenses (travel and expenses in the Washington metropolitan area and elsewhere in Maryland) as follows:

1. Automobile mileage, except for two regular business meetings a month, for hearings, special meetings, and other travel related to Board business or their responsibilities as Board Members. The student member receives similar reimbursement for expenses incurred in connection with official duties.
   
   
2. Parking, tolls, taxis, rail, bus, or air fare.
   
   
3. Meals — actual expenses for business-related meals for three meals per day. Actual expenses for meals at banquets or other events are reimbursed.
   
   
4. Telephone installation and monthly charges for an additional private line, fax line, computer line, and long-distance calls related directly to Board business are reimbursed.
   
   
5. Reimbursement for local newspapers and publications not subscribed to prior to taking office; supplies, postage, and other materials necessary for discharging the responsibilities of Board Members.

Actual expenses directly related to Board business for out-of-state travel to meetings and conferences are reimbursed and are not included in the limits established for local expenses. Overnight stays in the Washington metropolitan area and elsewhere in Maryland are considered to be out-of-state travel. These expenses include transportation, meals, registration fees, and incidental expenses.

Expenses relating to the operation of the Board of Education as an entity shall be expended at the discretion of the staff director in consultation with the officers of the Board.

If equipment is purchased by MCPS for the use of a Board Member, that equipment is the property of MCPS and reverts to MCPS at the conclusion of the member's term of office. All efforts will be made to supply the member with operable equipment from within the inventory of MCPS.

Once equipment funds budgeted for the Board of Education are expended, only the Board officers may authorize additional purchases. Board Members will be provided with a quarterly report on the status of Board Office expenditures.

Procedures for processing monthly expense accounts are as follows:

1. Expense forms should be submitted to the Board Office at the beginning of the next month for the prior month's expenses.
   
2. The staff director processes the reports and refers questions to the President of the Board.
   
3. The expense form is reviewed and signed by the President of the Board and the primary account manager before being forwarded for payment. Whenever possible, the expense form must be accompanied by appropriate receipts and phone bills.

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Commencements

One of the major responsibilities of a Board Member is to officiate at high school commencements. Board Members typically attend a number of graduations which are proportionate for each member of the Board. The Superintendent of Schools has the responsibility for ensuring that Board Members are informed in advance of the role Board Members are likely to play at commencements. By tradition, Board Members certify the graduation of students from high school by the following statement:

By virtue of the authority vested in the Board of Education of Montgomery County under the laws of the State of Maryland, I do now award diplomas or certificates evidencing the satisfactory completion of prescribed courses of study to the students of [NAME OF SCHOOL] High School who are recommended for graduation by the faculty of this school. In receiving this diploma or certificate, each of you is entitled to all of the privileges and honors accorded graduates of a high school accredited by the Maryland State Department of Education and the Middle States Association of Colleges and Secondary Schools.

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Updated February 11, 2008 | Maintained by Web Services | Content Manager Glenda Rose