INDEX 100 SERIES
BOARD OF EDUCATION
(Governance and Operation)
100 Legal Status and Authority of the Board
101 Organization of the Board
102 Eligibility and
Method of Election
105 Powers and Duties
of the Board
106 Board Member Training
110 Policies of the
Board of Education
115 Methods of Operation:
Board
116 Confidential Information
120 Officers of the Board:
Duties
125 Committees of the Board
126 Indian Policies & Procedures
130
Meetings of the Board / Open Meetings Resolution
131 Performance Evaluation of the Board
132
Board Meetings Addressing Indian Education Needs
133 Recessed Meetings
134 Public Hearings
135 Board Meetings –
Attendance
136 Parliamentary Procedure
137 Order of Business
for Meetings
138 Minutes of the Meetings
140 Vacancies on the Board
145
Remuneration and Reimbursement for Board Members
150 Board Members’ Relatives Doing Business with the School District
151 Gifts and
Gratuities – Board Members
155 Nepotism
160 Code of Ethics
170 Access to Legal Counsel
180 Board Protocols on Roles and Lines of Communication
190 Board – School
Superintendent Relations
191 Delegation of Authority
192 Board Packets to the
News Media
193
Summary Sheet for Items Placed on Board Agenda
196 District Tobacco Use
197 Student
Ex-Officio Member of the Board
198 Long-Range System
Wide Planning
199
Systems Framework for Evaluation and Improvement
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The Legal Status and Authority of the Board 100
The Board of Education is the governing body of the Taos Municipal
School District No. 1. The Board of Education shall be responsible to
the State Board of Education and shall use the “Standards for
Excellence”, published by the New Mexico State Board of Education, as a
guide for the administration of the schools of the district. Its legal
authority is determined by the New Mexico State Constitution, the
statutes of the New Mexico Legislature, regulations of the State Board
of Education, and that authority conferred by local school district
elections.
The Board of Education is responsible for the fair and uniform
application of all federal, state and local laws in the operation of the
district’s schools. These schools will be operated for the educational
benefit of all school-age children in the district.
The Board is the policy-making body of the school district. The Taos
Municipal Board of Education will exercise leadership primarily through
the formulation and adoption of policies.
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Organization of the Board
101
The corporate name of this school district is the Taos Municipal School
District, No. 1. The board shall be composed of five members, residents
of the district, who shall be elected for a term of four (4) years
beginning the month following the election. The Board, at its first
regular meeting in March, shall administer the oath of office to newly
elected members. Every member of the board, before entering active
service, shall take and subscribe to an oath to support the Constitution
of the United States and the Constitution and laws of the State of New
Mexico and to faithfully and impartially discharge the duties of the
office to the best of the member’s ability.
The Board of Education shall, at its first regular meeting in March each
year, reorganize; and from among its members the board shall elect a
president, vice-president, and secretary.
See policies: 120
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Eligibility
and Method of Election** 102
Elections shall be held in the school district to elect qualified
persons to membership on the Taos Municipal Board of Education. No
person shall become a candidate for membership on the Board unless
his/her record of voter registration shows that he/she is a qualified
elector of the State of New Mexico and a resident of the Taos Municipal
School District.
A regular school district election shall be held in the district on the
first Tuesday in February of each odd-numbered year. The Board shall by
resolution issue a public proclamation calling for a regular school
district election. The proclamation shall be filed by the Superintendent
with the County Clerk on the last Friday in November of the
even-numbered year immediately preceding the date of the election.
A declaration of candidacy for membership on the Board, in a position to
be filled, shall be filed in the office of the County Clerk no sooner
than 9:00 AM on the third Tuesday in December of the even-numbered year
immediately preceding the date of the regular school district election
and no later than 5:00 PM of the same day. The following information is
required for filing:
1. the name and the address of the candidate,
2. the position or position number to which the candidate seeks
election,
3. a statement by the candidate that he/she is a qualified voter of New
Mexico and resides within the Taos Municipal School District,
4. a statement to the effect that the declaration of candidacy is an
affidavit under oath and that a false statement constitutes a
fourth-degree felony under New Mexico law, and
5. the candidate’s signature.
Board members shall be elected on a nonpartisan basis and shall
represent all citizens within the district. No member of the Board shall
be employed by the Taos Municipal School District during his/her term of
office [Public School Code Section 22-5-5].
Reference: Public School Code Section 22-5-51
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Powers and
Duties of the Board** 105-1
The powers and duties of the Board shall be conferred and prescribed by
statute. Complete and final control of all matters pertaining to the
educational system shall be vested in the Board.
The Taos Municipal Board of Education shall have the following powers
and duties:
A. subject to the regulations of the State Board of Education, supervise
and control all public schools within the district, and all property
belonging to or in possession of the school district;
B. employ a Superintendent of schools for the district and fix his/her
salary;
C. delegate administrative and supervisory functions of the Taos Board
of Education to the Superintendent;
D. subject to the provisions of law, approve or disapprove the
employment, termination or discharge of all employees and licensed
school personnel of the school district upon recommendation of
employment, termination, or discharge by the Superintendent of schools,
provided that any employment relationship shall continue until a final
decision of the Board. Any employment, termination, or discharge without
prior recommendation of the Superintendent is void;
E. apply to the State Board of Education for a waiver of certain
provisions of the Public School Code relating to the length of the
school day, staffing patterns, subject area, or the purchase of
instructional materials for the purpose of implementing a collaborative
school improvement program for an individual school;
F. fix the salaries of all employees and licensed school personnel of
the school district;
G. contract, lease, purchase and sell for the school district;
H. acquire and dispose of property;
I. have capacity to sue or be sued;
J. acquire real estate by eminent domain as pursuant to the procedures
provided in the Eminent Domain Code [13-1-28 to 13-1-117 and 13-1-118 to
13-1-199 NMSA 1978];
K. issue general obligation bonds of the Taos Municipal School District;
L. repair and maintain all property belonging to the school district;
Powers and Duties of the Board (continued) 105-2
M. for good cause and upon order of the court, subpoena witnesses and
documents in connection with a hearing concerning any power or duties of
the Board;
N. contract for the expenditure of money according to the provisions of
the Procurement Code, except for expenditure of salaries [13-1-18 to
13-1-118 to 13-1-199 NMSA 1978];
O. adopt regulations pertaining to the administration of all powers or
duties of the Taos Board of Education;
P. accept or reject any charitable gift, grant, devise or bequest. The
particular gift, grant, devise or bequest accepted shall be considered
an asset of the school district or the public school to which it is
given;
Q. offer and, upon compliance with the condition of such offer, to pay
rewards for information leading to the arrest and conviction or other
appropriate disciplinary disposition by the courts or juvenile
authorities of offenders in case of theft, defacement, or destruction of
school district property. All such rewards shall be paid from school
district funds in accordance with regulations that shall be promulgated
by the State Department of Education;
R. require a complete audit of the records and accounts of the school
district to be made every year as mandated by statute and in compliance
with the State Auditor’s regulations;
S. access property taxes according to the provisions of the New Mexico
Technology Act.
References: NMSA 1978 13-1-28 to 13-1-117; 13-1-118 to 13-1-199;
NMSA 1978 13-1-18 to 13-1-118
See policies: 110, 116, 160, 180, 190, 191
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Board Member Training** 106
It shall be the commitment of every member of the Board of Education
upon entering a term of office to engage in all training for board
service required by New Mexico statues and regulations. The Board
recognizes that continued training is necessary for board members to
provide effective service to the community. Board members who
participate in board-funded training and learning opportunities shall
share with the other board members the essence of what they have
learned.
Policies of the
Board of Education 110
Control of the schools by the Board shall be exercised through the
formation of policies governing the operation of the schools and the
work of the Board itself. The Board delegates to the Superintendent the
determination of the procedures and regulations necessary to operate the
schools. These procedures and regulations must be consistent with board
policy.
No policy may be repealed, adopted, or modified until it has been
reviewed at two public meetings of the Board of Education.
In emergency cases where action must be taken and where an adopted
policy does not provide the needed direction, the Superintendent shall
have the power to act, but the decision shall be subject to review by
the Board. It shall be the duty of the Superintendent to inform the
Board of such action and of the need for policy at the next board
meeting.
It shall be the duty of the Superintendent to advise the Board from time
to time of the need for policy revision so that all board policies are
in conformance with state and federal laws and regulations. It is the
duty of the Board to accept or reject or modify the Superintendent’s
recommendations in conformance with state and federal laws and, as it
sees fit, to seek external advice.
The Superintendent shall post written notice to district employees of
policy changes made by the Board. Complete, current copies of the Board
Policy Manual shall be available at each school’s administration office,
each school library, and the Superintendent’s office.
If any section, paragraph, clause or provision of this policy manual for
any reason shall be held invalid or unenforceable, the invalidity or
unenforceability of such section, paragraph, clause or provision shall
not affect any of the remaining provisions of this manual or its
application to other situations.
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Methods of Operation:
Board 115
The Board of Education exercises legislative authority over the schools
in accordance with applicable laws. It determines policy; delegates
executive, supervisory and instructional authority to its employees, and
appraises the results achieved in light of the goals of the Taos school
system.
The Board of Education shall concern itself primarily with broad
questions of policy and with the appraisal of results rather than with
administrative detail. The application of policies is an administrative
task to be performed by the Superintendent and staff, and they shall be
held responsible for the effective implementation of board policies. The
Superintendent shall be held responsible for communication with the
Board which is sufficiently effective to enable the Board to fulfill its
functions.
A member of the Board of Education is a public officer, but has no power
or authority individually. The law vests power in the Board, and not in
the members; therefore, either individually or otherwise, and these
powers must be exercised by the Board as a board, meeting in regular or
special called meetings, with action duly recorded in its minutes.
The Board shall not be bound in any way by any action or statement on
the part of any individual board member except when such a statement or
action is in pursuance of specific instructions from the Board.
The Board recognizes the importance of timely communication among board
members and between the Board and the Superintendent. The Superintendent
and board members are to be given prior notice of matters submitted by
members for deliberation at board meetings.
See policies: 105, 110, 116, 160, 180,191
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Confidential Information
116-1
The Board of Education of the Taos Municipal Schools recognizes that
confidential information will be brought to the attention of individual
board members and/or the Board as a whole pertaining to, but not limited
to, the follow:
• matters relating to the employment or dismissal of, or charges
against, specific district personnel;
• matters relating to litigation or proposed litigation in which the
Board is or may become a party, or attorney-client communications;
• consideration of the acceptance of gifts, bequests, or donations where
confidentiality has been requested by the donor;
• consideration of wages and benefits during salary discussions;
• consideration of suspension, expulsion, or disciplinary action in
connection with a student;
• matters relating to the security of students, personnel, visitors,
and/or school property; and
• matters relating to discussions of bargaining strategy preliminary to
collective bargaining negotiations between the Board and a bargaining
unit representing the employees of the school district and collective
bargaining sessions at which the Board and the representatives of the
collective bargaining unit are present.
The Board further recognizes that public disclosure of such information
may result in injury to individual or potential harm and possible
liability to the school district and that Board members are honor-bound
by the “Code of Ethics for New Mexico School Board Members” to respect
confidentiality of information that is privileged under applicable law.
It is the policy of the Board that board members shall discuss or
disclose confidential information only in connection with legitimate
school district business and only with individuals with a legitimate
right to know. All information discussed or documents provided to
members of the Board which fall within the categories listed above or
which are authorized to be closed by the Open Meetings Act shall be kept
confidential unless the Board authorizes disclosure by a majority vote.
Confidential
Information (Continued) 116-2
It shall be the duty of each board member to voluntarily excuse
him/herself from discussions of confidential information and abstain
from voting on matters in which the board member has a personal or
financial interest, including an interest by a member of the board’s
immediate family, or where the board member’s participation will or may
compromise the confidential nature of the discussion. Where a board
member fails or refuses to voluntarily excuse him/herself from such
discussions, and confidential information is disclosed; as a result, the
Board may enforce this policy by:
(a) requiring the board member to excuse him/herself from the future
discussion of the same or similar matters and abstain from voting;
(b) publicly censuring the board member; or,
(c) by such other remedies available under applicable state law.
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Officers of the Board:
Duties 120
The president of the Board shall preside at all meetings and shall
appoint committees unless otherwise directed by the Board. He/She shall
have the right, as other members of the Board, to make or second
motions, to discuss questions, and to vote. The president of the Board
may not act for or on behalf of the Board without prior specific
authority from a majority of the Board to do so. All communications
addressed to the president shall be turned over to the Superintendent
for appropriate action or consideration by the Board.
The vice-president shall perform the duties of the president in the
absence of the president or at the request of the president. In the
event a vacancy occurs in the presidency, the vice-president will act in
the capacity of the president until the office has been filled by a vote
of the membership while in a regular or special session.
The secretary shall sign legal documents as required by law and perform
such other duties as may be prescribed.
The Board of Education will reorganize in March of every year. The Board
reserves the right to reorganize at any time the Board votes in a
majority to do so.
See policies: 105
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Establishment of Committees by the Board____________________125
The purpose of board committees is to bring recommendations to the board
on a variety of educationally relevant issues such as, but not limited
to, District budget, athletics, facilities and school calendars.
Following the establishment of a committee of the Board, the President
of the Board shall solicit members to serve on such committees at a
scheduled board meeting and with communication in all papers of local
circulation, and on all local radio stations. The makeup of such
committees shall include district educators, parents and community
members. Actual members of each committee shall be presented to the
Board for approval prior to anyone serving on any committee.
Recommendations of established committees shall be presented to the
Board for approval on an interim and final basis. The Board, at its
discretion, may accept, reject, or modify any or all recommendations
made by a committee.
See policies 150, 160, 170.
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P.L. 81-874 Native American Indian Policies and Procedures 126
The Board of Education, in conjunction with the Taos Pueblo Governor’s
Office, established the Native American Indian Policy to comply with the
requirements set forth in Public Law 81-874. The purpose of this policy
is to foster cooperation and maintain an open line of communication
between the Board of Education and the Taos Pueblo Governor’s Office.
In the Taos Pueblo Tribal Governmental structure, the Governor’s Office
is responsible for the education of its members, including children, in
educational institutions located on or off the reservation. Education
from the tribal perspective must enable tribal members to maintain their
values and tradition while obtaining skills necessary to sustain
themselves as responsible and productive members within society. The
Board of Education exercises legislative authority over the Taos
Municipal Schools in accordance with applicable laws and regulations.
The Board of Education determines District Policy, delegates executive
supervisory and instructional authority to its employees, and appraises
the results of established Board goals and objectives. The Taos Pueblo
Indian Education Committee (TPIEC) is delegated the responsibility to
represent the Taos Pueblo Governor’s Office and parents in addressing
education issues and concerns that affect Native American children in
the Taos Municipal Schools. The Taos Municipal Schools will provide
services and programs in compliance with Public Law 81-874. It shall be
the responsibility of the Superintendent/designee to ensure compliance
and develop procedures in cooperation with TPIEC that will provide for
the resources and programs that will serve the needs of the Taos Pueblo
children enrolled as students in Taos Municipal Schools.
P.L. 81-874 Procedures and Responsibilities
2.1.1 Procedures and Responsibilities of the Taos Pueblo Indian
Education Committee (TPIEC)
2.1.2 The Taos Pueblo Indian Education Committee shall:
2.1.3 Monitor the participation of all American Indian students to
ensure participation on an equal basis with all other children educated
by the Taos Municipal Schools
2.1.4 Review Quarterly Summary Reports submitted by the Taos Municipal
School on the status of American Indian student participation in all
Federal programs (i.e., Title I, Title VII, Title VIII, Title IX,
Special Education, etc.,) and present it to the regular monthly meeting
of the TPIEC, as well as to the Taos Pueblo Governor’s Office within ten
days of receipt
2.1.5 Follow-up on all issues raised involving American Indian students,
including the Indian Education Needs Assessment, by presenting the
issues at the regularly scheduled spring and fall Taos Municipal School
Board meetings.
PL.81-874 Native American Policies & Procedures 126-1
2.1.6 Procedures and Responsibilities of the Taos Pueblo Indian
Education Committee (TPIEC)
2.1.7 The Taos Pueblo Indian Education Committee shall:
2.1.8 Monitor the participation of all American Indian students to
ensure participation on an equal basis with all other children educated
by the Taos Municipal Schools
2.1.9 Review Quarterly Summary Reports submitted by the Taos Municipal
School on the status of American Indian student participation in all
Federal programs (i.e., Title I, Title VII, Title VIII, Title IX,
Special Education, etc.,) and present it to the regular monthly meeting
of the TPIEC, as well as to the Taos Pueblo Governor’s Office within ten
days of receipt
2.1.10 Follow-up on all issues raised involving American Indian
students, including the Indian Education Needs Assessment, by presenting
the issues at the regularly scheduled spring and fall Taos Municipal
School Board meetings.
2.2.1 Responsibilities of the Taos Municipal Schools Superintendent
2.2.2 The Taos Municipal Schools Superintendent shall in compliance with
and as mandated by state and federal law:
2.2.3 Identify the Indian Education Designee, who will be responsible
for working with the TPIEC on an annual basis, by written correspondence
to the TPIEC no later than September 15th of each school year
2.2.4 Respond to all issues and recommendations submitted by the TPIEC
within thirty days of receipt
2.2.5 Coordinate, on a yearly basis, the training of District staff in
cultural sensitivity and diversity in cooperation with the TPIEC
2.2.6 Review, in cooperation with the TPIEC, any existing or new
programs and its impact (potential or realized) on American Indian
student success
2.3.1 Responsibilities of the Indian Education Designee
2.3.2 The Indian Education Designee shall:
PL.81-874 Native American Policies & Procedures 126-2
2.3.3 Provide advocacy for Indian Education concerns and issues in
collaboration with the TPIEC and the Indian Education Manager to the
Taos Municipals School District under the advisement of the Director of
Instruction with input from the building principals
2.3.4 Provide the TPIEC a copy of the signed Taos Municipal Schools
District Indian Policies and Procedures
2.3.5 Maintain and make accessible all student data for the TPIEC in
compliance with P. L. 81-874
2.3.6 Attend all meetings of the TPIEC for the purpose of sharing
information about District programs, American Indian student achievement
and to provide monthly Native Tutor/Liaison reports through respective
Building Principals
2.3.7 Provide quarterly academic and behavioral improvement data of
American Indian students within District education programs
2.3.8 Provide a listing of all District programs to the TPIEC annually
including:
a) Attendance
b) Competency test scores
c) Drop-out statistics
d) School budget
e) Title VII
f) Title VIII
g) Truancy
2.3.9 Provide, on an annual basis, an analysis of student assessment
data comparing American Indian student performance to non-American
Indian student populations by grade level with recommended strategies to
improve the academic and cultural needs of American Indian students
2.3.10 Obtain and submit to the TPIEC a copy of the State Department of
Education (SDE) accreditation report in accordance with the
accreditation cycles and ensure proper review of the findings with
recommendations to the TPIEC and the Taos Municipal School Board through
written reports and presentations
2.3.11 Assure that the TPIEC is represented in the review and revision
of any existing or new programs that impact American Indian student
success (i.e., Educational Plan for Student Success (EPSS), 9th Grade
Academy, etc.,)
PL.81-874 Native American Policies & Procedures 126-3
2.4.1 Responsibilities of the Indian Education Manager:
2.4.2 The Indian Education Manager shall:
2.4.3 Provide program management services District-wide under the
supervision of the Taos Municipal School Coordinator of Federal Programs
and in collaboration with the Indian Education Designee
2.4.4 Provide compiled date from all sources showing the number of
American Indian students participating in the following:
a) Alternative education – GRADS, GED, etc.,
b) Behavioral health programs
c) Bi-lingual programs
d) Extra-curricular activities – clubs, sports, etc.,
e) 504 Plans
f) Honors classes
g) Remediation
h) Special Education
i) Title I
j) Tutoring
2.4.5 Compile documentation of invitations and solicit for American
Indian parents participation in:
a) District Hiring Committees
b) Yearly Budget Committees
c) Title I Conferences
d) Federal Program Parent Committees
e) Special Education Parent Trainings
f) Other meetings, as appropriate (i.e., District Calendar Committee,
District Technology meetings, etc.,)
2.4.6 Ensure that TPIEC participates in the hiring committees for Indian
Education staff and in the evaluation of effectiveness of Indian
Education programs
2.4.7 Review and, as appropriate, develop Taos Municipal Schools grants
and proposals inclusive of American Indian students and obtain input
from the TPIEC prior to submission of proposals
2.4.8 Coordinate the Annual Public School Board meeting at Taos Pueblo
so that Taos Pueblo Tribal Government and parents of American Indian
students will have the opportunity to present their views and concerns
regarding District educational programs
PL.81-874 Native American Policies & Procedures 126-4
2.4.9 Schedule a strategic planning meeting with the Taos Pueblo
Governor’s Office, the TPIEC, Taos Municipal School Administration and
Indian Education staff prior to the aforementioned Annual Public School
Board meeting to discuss the Indian Education Needs Assessment date,
Indian Education program concerns, etc.,)
2.4.10 Compile a student roster that will include names, addresses,
grade levels, names of parents/guardians, Tribal Affiliation and current
phone numbers and school sites for use in program management and the
TPIEC
2.4.11 Provide a resource directory listing of all services available to
support American Indian students and families
2.4.12 Obtain the Annual Budget allocation figures for all programs from
the Taos Municipal School District Business Manager and provide the
TPIEC with budget summaries on a quarterly basis
2.5.1 Responsibilities of the Native Tutor/Liaisons
2.5.2 The Native Tutor/Liaisons shall:
2.5.3 Provide tutoring, liaison and referral services to improve the
participation and performance of American Indian students in the public
schools under the direct supervision of Building Principals
2.5.4 Submit written monthly summary reports for the TPIEC to the Indian
Education Manager with copies to respective Building Principals one week
prior to the regularly scheduled monthly TPIEC meetings with copies to
the district’s Director of Instruction
2.5.5 Attend monthly TPIEC meetings to keep informed of Indian Education
activities within the District and to be available to address concerns
of American Indian students and their parents
2.5.6 Provide end of the four and one-half week student reports on
American Indian students to include grades, attendance and grade point
averages for all middle and high school students
2.5.7 Will attend district professional development training and
district meetings to increase skills designed to improve achievement
among Native American students
3.0 Annual Review and Revision
PL.81-874 Native American Policies & Procedures 126-5
3.1.1 The aforementioned written policies and procedures shall be in
force until the
the Annual Review and Revision by the Taos Pueblo Governor’s Office, the
Taos Municipal School District and the Taos Pueblo Indian Education
Committee.
The Taos Municipal School Board herewith adopts these policies and
procedures to comply with P.L. 95-561, the Educational Amendments of
1978 to Title I of the Impact Aid Act of September 30, 1950, P.L. 81-874
(2-5-86).
Reviewed and Agreed Upon By:
___________________________________ _______________
Mr. John Mirabal, Governor Date
Pueblo of Taos
___________________________________ _______________
Ms. Yvonne Lowe, Chairperson Date
Taos Pueblo Indian Education Committee
___________________________________ _______________
Mr. Beau Schoen, President Date
Taos Municipal School Board
___________________________________ _______________
Dr. Marc Space, Superintendent Date
Taos Municipal School District
2.5.8 Attend monthly TPIEC meetings to keep informed of Indian Education
activities within the District and to be available to address concerns
of American Indian students and their parents
2.5.9 Provide end of the four and one-half week student reports on
American Indian students to include grades, attendance and grade point
averages for all middle and high school students
2.5.10 Will attend district professional development training and
district meetings to increase skills designed to improve achievement
among Native American students
4.0 Annual Review and Revision
3.1.1 The aforementioned written policies and procedures shall be in
force until the
the Annual Review and Revision by the Taos Pueblo Governor’s Office, the
Taos Municipal School District and the Taos Pueblo Indian Education
Committee.
The Taos Municipal School Board herewith adopts these policies and
procedures to comply with P.L. 95-561, the Educational Amendments of
1978 to Title I of the Impact Aid Act of September 30, 1950, P.L. 81-874
(2-5-86).
Reviewed and Agreed Upon By:
___________________________________ _______________
Mr. Allen R. Martinez, Governor Date
Pueblo of Taos
___________________________________ _______________
Ms. Yvonne Lowe, Chairperson Date
Taos Pueblo Indian Education Committee
___________________________________ _______________
Mr. Gary Embler, President Date
Taos Municipal School Board
___________________________________ _______________
Dr. Marc Space, Superintendent Date
Taos Municipal School District
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Meetings of the Board / Open Meetings Resolution** 130-1
All meetings of a quorum of the Taos Board of Education for the purpose
of formulating public policy, discussing public business or for the
purpose of taking any action within the authority of or delegated
authority of the Board are declared to be public meetings open to the
public at all times. Such meetings shall be held only after reasonable
notice to the public.
1. Any meeting subject to the Open Meetings Act at which the discussion
or adoption of any proposed resolution, rule, regulation or formal
action occurs shall be held only after reasonable notice to the public.
The Board of Education shall determine annually what constitutes
reasonable notice of its public meetings.
2. Regular meetings shall be held at the Town of Taos Council Chambers,
different school sites or Celestino Romero Administration Building at
5:30 PM or as indicated on the meeting notice.
3. The two regular monthly meetings of the Board shall be held each
month on the second Tuesday and the fourth Wednesday of the month.
During the month of June, July and December the Wednesday meeting will
not be held. The agenda shall be posted at least twenty-four hours
before the meeting at the Superintendent’s office and at each district
school office.
For the purpose of regular meetings, notice requirements shall be met if
the meeting is of general circulation in the area with the posting of
the agenda as specified above, and by mailing or faxing notice of the
meeting to the Taos County radio stations licensed by the Federal
Communications Commission.
4. Special meetings may be called by the Board president or a majority
of the members upon three (3) days notice. The notice shall include
information on how members of the public may obtain a copy of the
agenda. The agenda shall be available to the public at least twenty-four
(24) hours before any special meeting.
For the purposes of special meetings, notice requirements shall be met
by posting notice of the date, time, place, and agenda in the
Superintendent’s office and in the office of each district school
office. The Administrative Assistant shall also provide telephone or fax
notice to those broadcast stations licensed by the Federal
Communications Commission and to the local newspaper(s).
Meetings of the Board / Open Meetings Resolution* (Continued) 130-2
5. Emergency meetings will be called only under circumstances which
demand immediate action to protect the health, safety, and property of
citizens or to protect the public body from substantial financial loss.
The Board of Education will avoid emergency meetings whenever possible.
Emergency meetings may be called by the Board president or a majority of
the members upon twenty-four (24) hours notice, unless threat of
personal injury or property damage requires less notice. The notice for
all emergency meetings shall include an agenda for the meeting or
information on how the public may obtain a copy of the agenda.
Notice requirements are met for emergency meetings by telephone or fax
notice to the Taos County radio stations licensed by the Federal
Communications system, to the newspaper(s), and to the district schools.
6. In addition to the information specified above, all notices shall
include the following language.
If you are an individual with a disability who is in need of a reader,
amplifier, qualified sign language interpreter, or any other form of
auxiliary aid or service to attend or participate in the hearing or
meeting, please contact the Superintendent at the Celestino Romero
Administration Building, 213 Paseo Del Canon, Taos, New Mexico 87571, at
least one week prior to the meeting or as soon as possible. Public
documents, including the agenda and minutes, can be provided in various
accessible formats. Please contact the Superintendent at 758-5202, if a
summary or other type of accessible format is needed.
7. The Taos Municipal Board of Education may close a meeting to the
public only if the subject matter of such discussion or action is
exempted from the opening meeting requirement of the Open Meetings Act.
The following are justifications for closing a meeting:
a. meetings pertaining to issuance, suspension, renewal or revocation of
a license;
b. limited personnel matters which means the discussion of hiring,
promotion, demotion, dismissal, assignment or resignation of or the
investigation or consideration of complaints or charges against any
individual public employee;
c. adjudicatory proceedings;
d. discussion of personally identifiable information about any
individual student;
Meetings of the Board / Open Meetings Resolution* (Continued) 130-3
e. discussion of bargaining strategies preliminary to collective
bargaining negotiations;
f. a decision concerning purchases in an amount exceeding five thousand
dollars ($5000) that can be made only from one source as pursuant to the
Procurement Code;
g. meetings subject to the attorney-client privilege pertaining to
threatened or pending litigation; and
h. discussion of the purchase, acquisition or disposal of real property
or water rights.
8. If any meeting is closed during an open meeting, such closure shall
be approved by a majority vote of a quorum of the Taos Board of
Education taken during the open meeting. The authority for the closure
and the subjects to be discussed shall be stated with reasonable
specificity in the motion for closure, and the vote on closure of each
individual member shall be recorded in the minutes. Only those subjects
specified in the motion may be discussed in a closed meeting.
9. If the decision to hold a closed meeting is made when the Taos School
Board is not in an open meeting, the closed meeting shall not be held
until public notice, appropriate under the circumstances, stating the
specific provision of law authorizing the closed meeting and the
subjects to be discussed with reasonable specificity is given to the
members and to the general public.
10. Following completion of any closed meeting, the minutes shall state
whether the matters discussed in the closed meeting were limited only to
those specified in the motion or notice for closure.
11. Except as provided in the Open Meetings Act, any action taken as a
result of discussion in a closed meeting shall be made by vote of the
Taos Board of Education in an open public meeting.
This policy shall be reviewed for needed changes and re-adopted annually
in the month of July.
See policies: 131, 132, 133, 134
NMSA 1978, Sections 10-15-1 to 10-15-4
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PERFORMANCE EVALUATION OF THE BOARD_______________________131
To promote the ongoing development of governance skills and school
district knowledge, the Board shall develop a set of operating
principles to serve as its statement of expectations for itself as a
governing board. These principles shall be consistent with generally
accepted principles of successful school board operations and shall
include such areas of Board operation as policy development,
communication with the public and district employees, curriculum and
instruction, school improvement decision making, Boardsmanship,
Board/Superintendent relations, and other topics as determined by the
Board.
By July 1 of each year the Board shall evaluate its own performance
using the operating principles and other agreed upon standards and
criteria adopted by the Board. The evaluation shall guide the
development and in-service activities for the Board during the
subsequent year.
Board of Education Self-Evaluation 131
The Taos Municipal Schools Board of Education will meet twice a year for
self-evaluation and to set goals for itself and the Superintendent.
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Board Meetings Addressing Indian Education Needs 132
The second regularly scheduled Board meeting in October shall be held at
the Taos Pueblo to make recommendations concerning the needs of their
children and ways to assist their children’s education and the
District’s educational programs.
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Recessed Meetings 133
Recessed meetings of the Board will be rescheduled when necessary to
complete the agenda or business remaining from a regular meeting or a
special meeting.
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Public Hearings 134
The Board of Education will conduct hearings on matters that properly
and legally fall within the jurisdiction of the Board. While conducting
a hearing, the Board shall not be bound by civil court procedures.
Prior to the beginning of a hearing, the Board president will explain
the procedures to be followed. If attorneys are involved, the Board and
the attorneys will agree upon basic procedures before commencement of
the hearing.
The nature of the hearing will determine the type, if any, of
transcript(s) to be made.
See polices: 130
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Board Meetings –
Attendance 135
A member of the Taos Municipal Schools Board of Education who will be
unable to attend a school board meeting will notify the president of the
Board prior to the meeting. If the president of the school board is not
available, the board member will notify the Superintendent of Schools.
See policies: 140
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Parliamentary Procedures
136
The Board desires to use rules of procedure for its meetings which
assist in the achievement of the following:
1. To enable meetings to proceed efficiently.
2. The Board acts by the decision of a majority of a quorum of its
members, but with equal opportunity for all members to participate
fully, whether in the majority on a given issue or not.
3. Decisions are made on the merits as determined by the voted
conviction of a majority rather than from a manipulation of the
procedural rules.
The rules of procedure on the following page are adopted for use. The
president is authorized to declare the Board’s approval of the minutes,
the agenda and adjournment when it is evident that no change or
objection is being proposed. Similarly, the president may declare a
recess or rule a motion out of order. After the agenda has been approved
by the Board, it must be followed unless a motion to consider something
out of order is approved by a majority vote. The maker of a motion shall
have the right to withdraw the motion at any time prior to its being
voted upon.
Parliamentary Procedures 136-P
PARLIAMENTARY PROCEDURES AT A GLANCE
To Do This You Say This May You Interrupt Speaker Must be Seconded Is
the Motion Debatable Is the Motion Amendable What Vote is Required
Introduce business
(a primary motion) “I move that…” No Yes Yes Yes Majority Vote Required
Amend a motion “I move that this motion be amended by…” No Yes Yes Yes
Majority Vote Required
Have something studied further “I move we defer this matter to a
committee.” No Yes Yes Yes Majority Vote Required
Postpone Consideration of something to a certain time or day “I move we
postpone this matter until…” No Yes Yes Yes Majority Vote Required
Defer consideration “I move to prevent reconsideration of this matter
indefinitely.” No Yes Yes Yes Majority Vote Required
Matter expires after 3 months unless revived.
Prevent reconsideration for six months “I move to prevent
reconsideration for six months of…” No Yes Yes Yes Majority Vote
Required
Reconsider something already disposed of “I move we now (or later)
reconsider our action relative to…” No Yes Yes Yes Majority Vote
Required
This action must be taken at meeting item was decided.
Take up a matter previously tabled “I move we take from the table…” No
Yes Yes Yes Majority Vote Required
Consider something out of its scheduled order “I move we consider
out-of-order agenda item…” No Yes Yes Yes Majority Vote Required
Vote on a ruling by the chair “I appeal the chair’s decision” No Yes Yes
Yes Majority in the negative required to reverse chair’s decision
End debate “I move the previous question.” No Yes Yes Yes Majority Vote
Required
Recess the meeting “I move that we recess until…” No Yes Yes Yes
Majority Vote Required
Adjourn the meeting “I move that we adjourn.” No Yes Yes Yes Majority
Vote Required
May not interrupt pending matter.
Complain about noise, temperature, etc. “Point of privilege.” Yes No No
No No vote required, chair decides
Object to procedure or to a personal affront “Point of order.” Yes No No
No No vote required, chair decides
Request Information “Point of information.” Yes
(if urgent) No No No No vote required
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Board Meetings –
Order of Business 137
The order of business at all regular meetings shall be as follows:
A. Call to order
B. Roll Call
C. Pledge of Allegiance
D. Consideration of Approval of Meeting Agenda
E. Executive Session (as needed) 2nd meeting of the month
F. 1. Items from the Floor (Fifteen (15) minutes) 1st Meeting of the
Month
2. School News 2nd Meeting of the Month
G. Announcements & Communications
H. Consent Agenda
1. Approval of Minutes
2. Grant Applications
3. Payment of Bills
4. Budget Adjustment Requests (Document Identification No.)
5. Intra-Budget Transfers (Document Identification No.)
6. Cash Transfers (Document Identification No.)
I. Old Business
J. New Business
K. Fiscal Report
L. Executive Session – (as needed) 1st Meeting of the Month
M. Superintendent’s Staff Recommendations
N. Adjournment
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Minutes of the Meetings 138
The minutes of the meetings of the Board of Education shall include:
A. the date, place and classification of the meeting (regular, special
or emergency),
B. the call to order stating the time and the name and office of the
person presiding,
C. the record of the roll call of board members,
D. a notation of the presence or absence of the Superintendent,
E. a record of any change to the published agenda,
F. a record of any corrections to the minutes of any previous meetings
and the action approving them,
G. a record of any communications, petitions or reports presented to the
Board,
H. a record of each motion placed before the Board and
1. the member making the motion and the member seconding, if any, and
2. the declaration of the person presiding that the motion passed or
failed, and
3. the name of each person voting aye or nay on other than unanimous
votes.
All reports, resolutions, agreements, and other written documents which
require board action may be made part of the minutes by reference only,
but shall be kept on file as part of the permanent record.
The minutes shall be permanently filed and kept in the Superintendent’s
office after approval by the Board. They shall be for inspection by any
citizen at any time the Superintendent’s office is open during regular
business hours. The minutes shall not be removed from the
Superintendent’s office.
Tapes of the meetings shall be erased after approval of the minutes by
the Board.
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Vacancies on the Board** 140
The seat of any member of the Board, if the member misses four
consecutive regular* meetings, may be declared vacant by a majority vote
of the remaining members of the Board.
The seat of any member of the Board, if the member misses six
consecutive regular* meetings, shall be vacant.
Any vacancy of a seat on the Board created by reason of failure to
attend meetings shall be filled in the same manner as other vacancies on
the Board are filled. Any member of the Board whose seat is declared
vacant or vacated by reason of failure to attend meetings shall not be
eligible for the appointment to the Board of Education until the term
for which the member was originally elected or appointed has expired.
A vacancy occurring in the membership of the Board shall be filled at an
open meeting at which a quorum of the membership is present, by a
majority vote of the remaining members appointing a qualified person to
fill the vacancy.
A qualified person appointed to fill a vacancy occurring in the
membership of the Board shall hold that seat until the next regular
school district election when an election shall be held to fill the
vacancy for the unexpired term.
If a qualified person is not appointed to fill the vacancy within
forty-five days from the date the vacancy occurred, the State Board
shall appoint a qualified person to fill the vacancy until the next
regular school election.
In the event vacancies occur in a majority of the full membership of the
Taos Municipal Board of Education, the State Board shall appoint
qualified persons to fill the vacancies. Those persons appointed shall
hold office until the next regular or special school district election
when an election shall be held to fill the vacancies for the unexpired
terms.
*A “regular meeting” is a meeting of the Board at which a quorum is
present, about which notice has been published and at which normal
school district business is conducted. No two consecutive meetings may
be counted for determining a board member’s absence under this policy if
at least six days have not elapsed between the two meetings.
See policies: 130, 135
References: 10-3-2NMSA 1978 Comp.
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Remuneration and Reimbursement for Board Members 145
Board members shall receive the per diem amount authorized by state law
for attendance at a meeting of the Board. Board members shall be paid
mileage at the rate authorized by state law or regulation for attendance
at any meeting of the Board when the meeting is held at least fifteen
(15) miles from the residence of the member(s).
Any expense incurred by board members for Board business shall be
reimbursed according to state law and Board policy.
Board members may not be employed in any capacity by the district during
the term for which they are elected.
References: NMSA 1978, 10-8-4 and 10-8-5
See policies: 130
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Board Members’ Relatives Doing Business with the School District** 150-1
It is the intent of the Taos Board of Education to allow lawful, open
and fair bidding for all vendors wishing to do business with the Taos
Municipal School District.
A. Where the vendor is a member of the immediate family of a school
board member as defined herein, both parties shall adhere to the
following requirements:
1. The family member and board member(s) shall publicly disclose the
relationship of the vendor to the board member and shall sign an
affidavit stating that the board member has no financial interest in the
business or transaction being considered and will not directly or
indirectly profit from or receive compensation from the award of a
contract.
2. The board member shall not participate in the discussion or vote
regarding the award of the contract, nor participate in the discussion
or vote regarding payment of the contract.
3. Action on such a contract shall be taken at a public meeting.
B. In the event a board member has a financial interest in the contract
or transaction, the Board of Education reserves the right to grant a
waiver from unlawful employee participation pursuant to NMSA 1978,
Sections 13-1-190 and 13-1-194 of the Procurement Code, upon making the
following findings:
1. The financial interest of the board member has been publicly
disclosed;
2. The board member will be able to perform procurement functions
without actual or apparent bias or favoritism;
3. The board member’s participation is in the best interest of the
school district; and
4. The board member abstains from discussion or vote on award of
contract or payment under the contract after the award.
In the event that the Board determines that it is in the best interest
of the Taos School District to waive unlawful employee participation, an
affidavit stating the terms of
Board Members’ Relatives Doing Business with the School District**
(Continued) 150-2
the waiver have been complied with and shall be completed by the
participating employee(s) and appropriate school district officials and
remain on file in the school district’s business/finance department and
in the procurement file for the applicable transaction.
C. Definitions --- for purposes of this policy, the following will
apply:
• “Immediate Family” means a spouse, children, parents, brothers or
sisters.
• “Financial Interest” means holding a position in a business as
officer, director, trustee or partner, or holding any position in
management or ownership of more than five per cent (5%) interest the a
business.
• “Employee” means an individual receiving a salary, wages or per diem
and mileage from the Taos Municipal Schools whether elected or not and
any non-compensated individual performing personal services as an
elected or appointed official of the Taos Municipal Schools.
References: NMSA 1978, Sections 13-1-190; 13-1-194 (Procurement Code)
See policies: 254
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Gifts and
Gratuities – Board Members 151
Members of the Board shall neither solicit nor accept personal
gratuities, favors, nor anything of monetary value from contractors or
merchants with whom the Taos Municipal School District is doing business
or who are attempting to sell goods or services to the schools. This
policy does not preclude acceptance of food or drink of a social nature
or participation in a social event.
See policies: 249
Nepotism** 155
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As provided in New Mexico Statues, 1978 Compilation, 1981 Amendment
22-5-6, the Board of Education shall not initially employ or approve the
initial employment in any capacity of person who is the spouse, father,
father-in-law, mother, mother-in-law, son, son-in-law, daughter,
daughter-in-law, brother, brother-in-law, sister or sister-in-law of a
member of the Taos Board of Education.
A Board member will not vote, become involved in, or solicit any
interest or benefit pertaining to a spouse, father, father-in-law,
mother, mother-in-law, son, son-in-law, daughter, daughter-in-law,
brother, brother-in-law, sister or sister-in-law (“immediate family”) of
that Board member.
Board members will advise the rest of the Board any time a person who
has a family member, or personal relationship with a person that is
being recommended for any position. The Board member may request to
abstain from voting when he/she feels his/her vote might create an
impression of conflict of interest with the stated rationale being duly
recorded in the minutes of the meeting.
Reference: NMSA 1978, 1981 Amendment 22-5-6
Code of Ethics 160
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The members of the Taos Municipal Board of Education recognize that they
hold authority as members of the Board, not as individuals. To make a
clear public statement of its philosophy of service to the students of
the Taos School District, the Board adopts the following Code of Ethics:
1. To uphold and enforce all laws, State Board rules and regulations,
and any court orders pertaining to schools. Desired changes should only
be brought about through legal and ethical procedures.
2. To make decisions in terms of the educational welfare of children and
will seek to develop and maintain public schools that meet the needs of
all children regardless of their ability, race, creed, gender or social
standing.
3. To confine Board action to policy making, planning, and evaluation;
to help to frame policies and plans only after the Board has consulted
those who will be affected by them.
4. To carry out the responsibility, not to administer the schools, but,
together with fellow Board members, to see that they are well run.
5. To recognize that authority rests within the Board and make no
personal promises nor take any private action that may compromise the
Board.
6. To exercise judgment independent of special interest or partisan
political groups, nor use the schools for personal gain or for the gain
of friends or relatives.
7. To hold confidential all matters pertaining to the schools that if
disclosed, would needlessly injure individuals or the schools. But in
all other matters, provide accurate information and in concert with
fellow board members, interpret to the staff the aspirations of the
community for its schools.
8. To vote to appoint the best qualified personnel available after due
consideration of the recommendation of the Superintendent.
9. To support and protect school personnel in the proper performance of
their duties.
10. To refer all complaints to the Superintendent and act on such
complaints at public meetings only after failure of an administrative
solution.
11. Attend all scheduled board meetings insofar as possible;
12. Recognize that I have no legal authority outside the board meetings,
and that all decisions of the board will be made at a public meeting
where a quorum of the board is present and only after a through review
of all the available information;
13. Work in harmony with
the rest of the board members to always promote and preserve the
integrity of the board;
14. Avoid speaking on
behalf of the board except at those times when the board, by official
action, authorized me to do so, and respect the confidentiality of
information that is privileged under applicable law;
15. Upgrade my
performance as a board member by informing myself about current
educational issues by individual study and thorough participation in
programs provided by the local school district and by the state and
national school boards associations;
16. Support the
employment of those persons best qualified to serve as school staff and
make every effort to ascertain that all employees are properly
remunerated for their services, and that they are dealt with fairly in
the performance of their duties;
17. Avoid being placed in
a position of conflict of interest and refrain from using my board
position for personal or partisan gain;
18. Accept that my
primary function is to establish policy by which schools are
administered; and that the actual administration of education program is
delegated to the superintendent and his staff;
19. Welcome and encourage
active participation by citizens for better understanding of their needs
and improvement of relations with the public that I serve;
20. Strive to promote and
perpetuate our democratic way of life;
21. Remember that my
first and greatest concern must be the fair and equal educational
opportunities for all students attending public school.
See policies 115, 116, 180, 190, 191
Access to Legal Counsel 170
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Legal counsel for the Taos Schools is appointed to serve the Board of
Education. The Board president and/or Superintendent are authorized to
consult with the Board’s attorney(s) as needed. In the event of any
dispute between the Superintendent and the Board, it shall be clearly
understood that the Board’s attorney(s) shall represent the Board’s
interests.
If the Superintendent and Board president refuse to consult with the
Board’s legal counsel on a matter raised by at least two members of the
Board, the attorney(s) shall respond to a request for information made
in writing to the firm by the two members. The response from the
attorney(s) shall be made available to the Superintendent and/or Board
president and distributed to all members of the Board.
Copies of written responses from legal counsel must be provided to all
Board members, and in all cases shall be kept confidential unless a
majority of the Board votes to make the information public.
No district employee may consult the Board’s legal counsel without
permission of the Superintendent.
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Board Protocols on Roles and Lines of Communication 180-1
The Taos Board of Education, in the interests of clarifying the roles of
the Board, individual board members, and the administration, and to
establish appropriate lines of communications according to such roles,
adopts the following principles:
A. Communications Between the Board of Education and the Administration
1. The work of the District is best pursued when information is shared
among the board members and the superintendent.
2. The authority of the Board lies with the Board as a whole, and not
with individual members of the Board.
3. Individual board members should avoid direct involvement in
administrative matters, but rather should refer them to the
administration.
4. The Superintendent is the point person for all communications and
distribution of information between the Board and the administration.
5. The Board’s objectives and concerns should be communicated from the
Board to the administration exclusively through the Superintendent.
6. It is the Superintendent’s job to prioritize and implement the
Board’s objectives and concerns.
7. If the administration is to pursue the Board’s priorities
efficiently, its attention and resources must not be diverted by
individual board members without the assent of the entire Board and the
knowledge of the Superintendent.
8. It is the Superintendent’s responsibility to bring administrative
problems and concerns to the attention of the Board.
Board Protocols on Roles and Lines of Communication (Continued) 180-2
9. Communications from administrators to the Board of Education or to
individual members of the Board should go through the Superintendent or
should involve the Superintendent.
B. Board Members’ Communications with parents, employees, and other
constituents:
1. Board duties involve both “legislative” and “adjudicative” functions
and their ability to communicate with constituents differs depending on
the nature of the matter to be addressed.
2. Board duties usually involve legislative functions in which the Board
determines overall directions and policies, or makes rules, in areas of
school district business such as financial and budgetary policies,
curricular and academic policies, employment and personnel policies,
disciplinary policies, etc.
3. The Board and individual board members may and should be open to
discussions with employees, parents, and other constituents at any time
concerning current or proposed policy matters or actions by the Board in
establishing such policies and overall direction of the school district.
4. Board duties also encompass adjudicative functions in which the Board
must review administrative decisions, or make final determinations
concerning the rights and obligations of individual students or
employees, including disciplinary or employment matters, that will or
may become the subject of a hearing before the Board.
5. Such adjudicative matters may be addressed, by interested parties,
only to the Board as a whole in the context of a Board meeting convened
to hear such matters.
6. Individual board members should strictly avoid involvement in any
discussions concerning such adjudicative matters, regardless of whether
such discussions are with persons who have a direct interest in the
outcome of such matters, and regardless of whether such discussion is
sought before, during or after Board adjudication.
Board Protocols on Roles and Lines of Communication (Continued) 180-3
7. With respect to parents, employees, or other constituents, who
approach an individual board member with issues of their individual
concern – including student academic, extra-curricular or disciplinary
matters, or employee performance or disciplinary matters – board members
are to direct such persons to the appropriate administrator or the
Superintendent for resolution, rather than becoming directly involved in
such matters themselves.
8. If a parent, employee, or other constituent has pursued an issue
through the administration, including the Superintendent, and remains
dissatisfied, he or she or an individual board member, may request that
the Superintendent place the matter on the agenda for a meeting of the
Board, and the Board, at its discretion, may decide whether it wishes to
consider the matter.
See policies: 160, 190, 191
Board –
Superintendent Relations 190
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It is believed by the Board of Education that the legislation of
policies is the most important function of the Board and that the
execution of those policies should then be the function of the
Superintendent. Delegation by the Board of its executive powers provides
freedom for the Superintendent to manage the schools within established
policies. The Superintendent will then be held accountable by the Board
for results.
The Board shall require the Superintendent to maintain an instructional
program to extend from the pre-school level (Special Needs Children)
through the twelfth grade which shall be broad and varied enough to meet
the educational needs of all students as defined by statutes and as
being the responsibility of the district.
The Board shall hold the Superintendent responsible for the efficient
administration and supervision of the entire school system.
The Board, in cooperation with the Superintendent, shall develop a
management plan which assigns responsibilities to the Superintendent and
staff in definite terms.
The Board, in cooperation with the Superintendent, shall appraise and
evaluate the results of the educational process in the Taos Municipal
Schools.
See policies: 180, 191
References: 22-5-4C, NMSA 1978 Comp.
SDE Educational Standards A.1.2
Delegation of Authority**
191-1
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New Mexico statutes vest complete supervision of the Taos Municipal
Schools in the Board of Education [NMSA 1978, Section 22-5-4] and
specifies the several powers and duties of the Board. The Board also has
other powers and duties imposed on it by state law, judicial decisions
and regulations of the State Board of Education.
Recognizing that board members cannot provide full-time management of
the Taos Schools and that state law directs the Board to delegate
administrative and supervisory functions to a Superintendent, the Board
hereby delegates to the Superintendent of the Taos Municipal School
District the authority and responsibility to act as its chief
administrative officer and to perform all acts and carry out all
functions reasonably necessary to assure the efficient and effective
operation of the school district.
The Board expressly delegates to the Superintendent the power:
1. To act as hearing officer or hearing authority for the purposes of
hearing or reviewing facts, deciding appropriate disciplinary action, or
reviewing disciplinary actions of other designated or authorized
administrators, consistent with procedures established by state law or
regulation or board policy. Instances in which the Superintendent may
exercise such delegation of authority include, but are not limited to,
acting as hearing authority, review authority, or disciplinarian in
hearings involving long-term suspension or expulsion of public school
students pursuant to the State Board of Education Regulation No. 81-3,
or such successor regulation as the State Board may adopt. The
Superintendent may designate other administrators to perform any of such
functions.
2. To effect the immediate and temporary suspension with pay of public
school employees, whether certified or non-certified, or to accept
employee resignations, where the Superintendent in the exercise of
his/her sole discretion determines such immediate action to be in the
best interests of the school district, necessary to preserve the health,
safety, or welfare of the students, or other employees of the district,
or to assure the continued efficient operation of the school district.
No appeal to the Board from such action may be had unless the
Superintendent also recommends board action to suspend such employee
without pay or to terminate or discharge such employee.
3. To make needed decisions regarding the complete or partial operation
or cancellation of the schools on bad-weather days.
Delegation of Authority** 191-2
4. To offer employment to prospective school employees in the interim
between school board meetings where such offer is necessary to obtain
qualified staff for school programs, so long as all such offers are
expressly conditional on the subsequent recommendation to and approval
by the Board of Education.
5. To review grievance resolution proceedings as set forth in Board
policy and to determine whether particular issues are not subject to
such grievance procedure.
6. To act as the district spokesperson to the media.
The delegation of authority provided herein may not be used in a manner
contrary to state law or regulation or to deny any student or employee
rights to which he or she may otherwise be entitled. The Board may
expand the delegation prescribed herein in appropriate circumstances.
The enumeration of delegated authorities to the Superintendent shall not
be construed to limit the authority of the Superintendent to take such
further actions as may be necessary to administer school district
programs or to execute school board policy, unless such authority is
reserved to the school board by state law.
Reference: NMSA 1978 Section 22-5-4
NM Board of Education Regulation 81-3
See policies: 105, 115, 160, 180, 190, 208, 336, 549
BOARD PACKETS TO THE
NEWS MEDIA 192
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The Taos Municipal Schools will make available to the news media Board
packets at the cost of $.07/page, the lowest available rate. Individuals
interested in receiving the packet shall notify the Superintendent’s
office. The packets will not contain information regarding personnel,
acquisition or disposition of property, litigation, any materials
identifiable to a student, or any otherwise confidential materials.
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SUMMARY
SHEET FOR ITEMS PLACED ON BOARD AGENDA 193
In an effort to expedite the meetings, the Superintendent shall prepare
a summary sheet for items placed on the agenda.
The summary sheet could include items such as:
• Relevancy, should the item be brought before the Board?
• Analysis of the educational impact
• Budget implications
• Personnel requirements
• Funding source
This procedure would allow the Board to know a Superintendent’s position
prior to the meeting. It would reduce the amount of questions asked by
the Board and make all presenters be better prepared. The goal is to
reduce the amount of time the Board spends with each item.
TOBACCO USE 196
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I. SCOPE
This policy sets the requirement for schools in New Mexico to be tobacco
free.
II. AUTHORITY
This regulation is promulgated pursuant to section 22-2-1 and 22-2-2,
NMSA
1978.
(12-31-98; 6.12.4.3 NMAC-Rn, 6 NMAC 1.6.3.3, 05-31-01)
III. PURPOSE
The purpose of this policy is to prohibit the use, distribution and
advertising of tobacco products in school buildings, on school property,
and in school leased or owned vehicles, and at all school affiliated
functions away from school property in order to improve the health of
New Mexico students and school personnel.
IV. POLICIES
a. In order to be in compliance with Drug Free Campuses, State Board
Regulation and State Statutes, the Taos Municipal Schools Board of
Education prohibits the use or distribution of tobacco products in
school buildings, on school property, and in school leased or owned
vehicles, and at all school affiliated functions away from school
property. This policy pertains to student(s), staff, parents, or any
other school patron and/or visitor.
b. The Taos Municipal Schools Board of Education prohibits tobacco
advertising (e.g., on signs, T-shirts, or caps or through sponsorship of
school events) in school buildings, at school functions, and in school
publications.
c. The Taos Municipal Schools Board of Education will communicate the
tobacco-use policy to students, school staff, parents or families,
visitors and the community at large through staff development, employee
and student handbooks, parent/guardian notification (e.g. signs,
announcements).
d. The Taos Municipal Schools Board of Education will enforce the
tobacco-use policy for students, staff and the public through the
following actions:
1. Action for students may include, but is not limited to: counseling,
school/community service, parent guardian notification, mandatory
education sessions.
2. Action for staff may include, but is not limited to: referral to
Employee Assistance Program (EAP), conference with supervisor, referral
to adult education session, and disciplinary actions consistent with
county, or State Board of Education personnel policy.
3. Action for the public may include, but is not limited to: request to
stop use or leave premises, and policy notification
STUDENT
EX-OFFICIO MEMBER OF THE BOARD 197
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The Board shall provide for a student ex-officio member of the Taos
Municipal School Board to be present at Board meetings and other
functions of the Board to represent the interests of the students. While
the student ex-officio member shall not be permitted to vote on matters
before the Board or be permitted into executive session unless invited,
the student member shall be invited to participate in discussions during
open session and provide the Board with a student’s perspective on
student related issues.
Additionally, the student ex-officio member shall serve as liaison
between the Board and the District’s student population to ensure open
and constructive communication.
LONG-RANGE SYSTEM-WIDE
PLANNING 198
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The board shall participate in long-range planning through an annual
meeting with the superintendent and designated staff to revisit
mission/vision, review progress of current goals, establish or maintain
goals and measures based on needs of the Taos Municipal School District
using a systems framework for performance excellence.
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SYSTEMS FRAMEWORK FOR EVALUATION AND IMPROVEMENT 199
To promote the ongoing systematic improvement for performance
excellence, the district will implement a systems framework that uses
data to drive decision making. This systems framework will be used to
evaluate and improve upon processes used by students, teachers,
administrative council, superintendent and board members.
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