BOE Rules
2000 - Legal Authority 2028 - Equipment for Directors, Offices and Employees of the Board 2050 - Suspension of the Agenda Posting Rule - Regular Meetings 2065 - Committee Actions
2001 - Nature and Function 2029 - Annual Organizational Meeting 2051 - Suspension of the Agenda Posting Rules - Special Meetings 2066 - Advisory Committees
2004 - Responsibility 2030 - Officer Duties 2052 - Suspension of the Agenda Posting Rules - Emergency Meeting 2067 - Board Representatives
2005 - Eligibility 2035 - Regular Meetings 2053 - Action or Action Taken 2068 - Minutes
2006 - Members/Terms of Office 2036 - Special Meetings 2054 - Limits on Debate pf Board Meeting  or In Committees 2069 - Voting
2007 - Vacancies 2037 - Emergency Meetings 2055 - Agenda - Order of Business 2070 - Parliamentary Authority
2008 - Student Directors 2038 - Adjourned Meetings 2056 - Suspension of the Order of Business 2071 - Amendment or Repeal of Rules
2012 - Limits of Board Members Authority 2039 - Open Meetings 2057 - Adoption of the General Consent Agenda (Report) 2072 - Resolutions
2013 - Obligation of Board Members 2040 - Video Teleconferencing 2058 - Introduction of New Business 2073 - Written Communications
2014 - Conflict of Interest 2041 - Closed Session 2059 - Committee Appointments 2074 - Public Request for Item on Agenda
2023 - Compensation 2043 - Closed Session Actions and Reports 2060 - Functions of Standing Committees 2075 - Oral Communications To the Board
2024- Reimbursement for Expenses 2044 - Disrupted Meetings 2061 - Committee Meetings 2076 - Opening of Bids
2025 - Health and Welfare Benefits 2045 - Meetings Outside of the District 2062 - Committee Staffing 2077 - Former Board Member Prohibited Contract
2026 - Benefits for Retired Board Members 2046 - Quorums 2063 - Standing Committees  
2027 - Board Budget Development and Other Approval Procedures 2047 - Agenda - Posting and Notice Requirements 2064 - Special Committees  

                                                LEGAL AUTHORITY
2000. The Governing Board of the Oakland Unified School District, commonly called the Board of Education, exists under and derives its powers and duties from the Constitution of the United States, the Constitution of the State of California, acts of the Congress of the United States and of the state Legislature, the Charter of the City of Oakland and various federal, state and local administrative regulations. 

                                              NATURE AND FUNCTION
2001. The Board of Education is the official governing and policy‑making body of the Oakland Unified School District. It is the function of the duly elected or appointed directors to represent the electorate in exercising the powers and duties delegated governing boards by the legal authorities mentioned in Rule 2000.

2002. The formulation and adoption of written Board policies shall constitute the basic method by which the Board shall exercise its leadership in the governance of the school district. This right shall be retained solely by the Board. The study and evaluation of reports concerning the execution of its policies shall constitute the basic method by which the Board shall exercise its accountability for the governance of schools.

2003. The implementation of policies is an administrative task to be performed by the Superintendent of Schools who shall be held responsible for the effective administration and supervision of the entire school system.

2004. In exercising the powers and duties permitted by the authorities cited in Rule 2000, the Board shall be responsible for, among other things, establishing a long‑term vision for the district, establishing the basic organizational structure for the district, including adoption of policies, the budget, collective bargaining agreements, development of the school plant, fiscal policies, general administrative policies, the curriculum, grade configurations, and other matters, each of which shall contribute to insuring that each child served by the District is well educated and demonstrates high academic achievement. In addition, the Board shall provide vigorous leadership and advocacy at the local, state and national levels on behalf of children, district programs and public education.

2005. Any person is eligible to be a member of the Board of Education, without further qualifications, if he/she is 18 years of age or older, a citizen of the state, a resident of the school district, a registered voter and not legally disqualified from holding civil office. (Education Code Section 35107)

Notwithstanding any other provisions of Education or Elections Code or any other law:
An appointed directorís qualifications shall be determined by the Mayor and may include, but shall not be limited to the following: (i) a Director who is an educator; (ii) a Director who is skilled in financial matters; and (iii) a Director who is a student or a recent graduate of the Oakland Unified School District.
An employee of a school district may not be sworn into office as an elected or appointed member of the board unless and until he or she resigns as an employee. If the employee does not resign, the employment will automatically terminate upon being sworn into office. (Education Code Section 35107)

                                                 MEMBERSHIP/TERM OF OFFICE
2006.  The Board of Education shall consist of ten (10) directors:
(a) seven nominated and elected by the qualified electors of their respective districts for a term of four years; and
(b) three appointed by the Mayor of the City of Oakland for two-year terms commencing on May 1, 2000.

The elected directors shall be elected at the times and in the manner described in the Charter of the City of Oakland as are provided for members of the City Council who are elected by district and shall be required to have the same qualifications. The elected directors districts shall have the same boundaries as the seven elected City Council member districts.

The appointed directors shall have the same powers and duties as elected directors.

The appointed directors shall serve at the pleasure of the Mayor. 

Effective May 1, 2004, the office of appointed director shall be abolished, and the Board of Education shall consist of seven district school directors elected in accordance with the provisions of the Charter of the City of Oakland.

The provisions of the Education Code of the State of California shall apply as to matters not provided for in the City Charter.

2007. Vacancies on the Board of Education, for elected directors, are defined and shall be filled pursuant to the provisions of the Education Code 5090 (Government Code Section 1770). An office becomes vacant on the happening of any of the following events before the expiration of the term:
(a) The death of the incumbent;

(b) An adjudication pursuant to a quo warranto proceeding declaring that the incumbent is physically or mentally incapacitated due to disease, illness or accident and that there is reasonable cause to believe that the incumbent will not be able to perform the duties of his/her office for the remainder of his/her term;

(c) His/her resignation;

(d) His/her removal from office;
(e) His/her ceasing to be an inhabitant of the district from which the officer was chosen or appointed or within which the duties of his/her office are required to be discharged;

(f) His/her absence from the state without the permission required by law beyond the period allowed by law (except for 60‑90 days if on school district business or if on federal military deployment not exceeding six months if a member of the armed forces of the U.S. or the California National Guard);

(g) His/her ceasing to discharge the duties of his/her office for the period of three consecutive months, except when prevented by sickness or when absent from the state with the permission required by law;

(h) His/her conviction of a felony or any offense involving a violation of his/her official duties. An officer shall be deemed to have been convicted under this subdivision when trial court judgment is entered. For the purpose of this subdivision, "trial court judgment" means a judgment by the trial court either sentencing the officer or otherwise upholding and implementing the plea, verdict or finding;

(i) His or her refusal or neglect to file his/her required oath or bond within the time prescribed;

(j) The decision of a competent tribunal declaring void his/her election or appointment;

(k) The making of an order vacating his/her office or declaring the office vacancy when the officer fails to furnish an additional or supplemental bond;

(1) His/her commitment to a hospital or sanitarium by a court of competent jurisdiction as a drug addict, dipsomaniac, inebriate or stimulant addict; in this event, the office shall not be deemed vacant until the order of commitment has become final.

The Board may fill elected member vacancies either through provisional appointment or through election depending upon when the vacancy occurs in relation to the expiration of the member's term.

Vacancies on the Board of Education for appointed directors shall be the same as for elected directors except that the Mayor shall fill vacancies.

                                               STUDENT DIRECTORS
2008. The Board of Education authorizes two pupil members, to be known as "Student Directors." The Board of Education Student Directors shall be selected by a city‑wide election held by the All City‑Council. This authorization provides an established means for pupils of the District to be represented on the Board of Education. The term of office for a Student Director shall be from July I through June 30.
2009. A Student Director is invited to attend all public meetings of the Board, shall be seated with elected Board members, and shall have all parliamentary rights except those of official voting, making and seconding motions, and attending closed sessions. A Student Director, however, shall have the right of preferential voting. Preferential voting, as used herein, means a formal expression of opinion that is recorded in the minutes and cast along with the official vote of the governing board. A Student Director's preferential vote shall not serve in determining the final numerical outcome of an official vote nor be solicited on matters subject to closed session discussion.

2010. Duties of the Student Director, among others, shall be to provide continuing input for Board deliberations; to strengthen communications between the Board and district students; to represent students and to facilitate the discussion of all sides of issues.
2011. A Student Director shall be provided with full and complete agendas and copies of any materials received by the Board except materials covered in closed session and materials that are otherwise confidential.

                              LIMITS OF BOARD MEMBERS AUTHORITY
2012. The Board of Education being the primary authority over the District has broad but clearly limited powers. The exercise of its authority is restricted to the functions required or permitted by law, and then only when it acts in a legally constituted meeting.
A Board member has no individual authority. Individually, the Board member may not commit the district to any policy, act or expenditure. The Board member cannot do business with the district served, nor should the Board member have an interest in any contract with the school district. The Board member represents and acts for the community as a whole and does not represent any fractional segment of the community.
Individual members of the Board, by virtue of holding office, shall not exercise any administrative responsibility with respect to the schools or command the services of any school employee, except his or her staff. Individual Board members shall submit request for information to the Superintendent of Schools. At his/her discretion, the Superintendent may refer the request to the entire Board for consideration. If approved, the Superintendent or designee shall perform any necessary research associated with the request and report to the Board at a future meeting. 

                               OBLIGATIONS OF BOARD MEMBERS
2013. Board members shall hold the education of children and youth above any partisan principle, group interest, or personal interest.

                                         CONFLICT OF INTEREST
2014. Members of the Board of Education shall not engage in any employment or activity, which is inconsistent with, incompatible with, in conflict with or inimical to the Board member's duties as an officer of the district. (Government Code 1126). Board members and designated employees shall adhere to the District's Conflict of Interest Code adopted pursuant to the provisions of Government Code 87300.

2015. Board members and designated employees shall not be financially interested in any contract made by the Board. (Government Code Section 1090).

2016. A Board member shall not be considered financially interested in a contract if any of the exceptions set forth in Government Code Section 1091.5 apply. 

2017. A Board member shall not be deemed to be financially interested in a contract if he/she has only a remote interest in the contract and if the remote interest is disclosed during a Board meeting and noted in the official Board minutes. The affected Board member shall not vote or debate on the matter or attempt to influence any other Board member to enter into the contract. Remote interests are specified in Government Code Section 1091 (b) they include the interest in the earnings of a parent in the earnings of his/her minor child. (Government Code Section 109 1).

2018. If a Board member or designated employee determines that he/she has a financial interest in a decision, this determination shall be disclosed and made part of the Board's official minutes. In the case of a designated employee, the announcement shall be made in writing and submitted to the Board (California Code of Regulations, Title 2, Section 18700).

2019. A Board member shall abstain from voting on personnel matters that uniquely affect a relative of the Board member. A Board member may vote, however, on collective bargaining agreements and personnel matters that affect a class of employees to which the relative belongs. (Education Code 35107)

2020. Board members shall not accept from any single source in any calendar year any gifts in excess of the prevailing gift limitation specified in law. (Government Code Section 89503) The limitations on gifts do not apply to wedding gifts and gifts exchanged between individuals on birthdays, holidays and other similar occasions, provided that the gifts exchanged are not substantially disproportionate in value. (Government Code 89503)

2021. Gifts of travel and related lodging and subsistence shall be subject to the above limitations except as described in Government Code 89506. A gift does not include travel provided by the District for Board members.

2022. Board members shall not accept any honorarium, which is defined in the rules under this section ‑ Conflict of Interest ‑ which is defined as any payment made in consideration of any speech given, article published, or attendance at any public or private gathering. (Government Code Sections 89501, 89502)

The term "honorarium" does not include those items defined in Government Code Section 89501.

2023. Members of the Board of Education, except a student director, may receive the maximum monthly compensation provided by law. Any member who does not attend all meetings held in any month shall receive as compensation an amount equal to Seven Hundred Fifty ($750.00) Dollars divided by the number of meetings held and multiplied by the number of meetings actually attended.

A member will be paid for any meeting when absent if the Board or Committee by resolution duly adopted and included in its minutes finds that at the time of the meeting the member is performing services outside the meeting for the school district.

A member will be paid in any calendar year for the first two meetings from which the member is absent if the Board or committee by resolution duly adopted and included in its minutes finds that at the time of the meeting the member is ill. A member may not receive compensation for any meeting, from which the member is absent in excess of the first two meetings missed, except as specified in this rule. (Education Code Section 35120)

A Student Director shall receive no compensation but may be reimbursed for travel expenses in connection with meetings.

2024. Board members shall be reimbursed for all expenses incurred in the performance of duties or when making trips on official district business when authorized in advance by the Board. Board member trips for official business shall be deemed authorized when the member files the appropriate District conference/travel documents in the Board Office. Reimbursements for expenses and conference travel, if any, shall be limited by the cumulative total of such funds approved and residing within the annually approved budget of the Board.

                                  HEALTH AND WELFARE BENEFITS
2025. Board members may participate in the health and welfare benefits program provided for district employees. The District shall pay the cost of all premiums required for Board members electing to participate in the district health and welfare benefits program.

                          BENEFITS FOR RETIRED BOARD MEMBERS
2026. Any member retiring from the Board after at least one term may continue the health and welfare benefits program at their own expense if coverage is in effect at the time of retirement.

2027. The Board President, or her/his designee with the advice and consent of the Business and Finance Committee (or successor committee) shall present a proposed Board operating budget to the Board each spring a part of the Districtís budget process for the following year.  The amount and types of expenditures authorized for each Director shall be itemized in the document along with other proposed operating expenditures of the Office of the Board.

Each Director shall be appropriated an individual and equal amount, as determined through the budget approval process, annually for capital expenditures, travel/conferences and miscellaneous expenses related to District business. Directors shall submit receipts and bills for such expenses to the same extent as required of District employees.

Directors may transfer funds between their individual itemized accounts as long as the amount transferred does not exceed the appropriation.

Unexpended funds for the Office of the Board and/or Directors shall cumulate from year to year.

2028. The Secretary shall keep a record of equipment issued for the purpose of fulfilling and facilitating the efficiency of District business to Directors, officers and immediate employees of the Board. The Superintendent of Schools may authorize such equipment for an employee of his/her administration and shall be responsible for such record.

A cellular telephone may be one of the equipment items issued. Immediate contact with or contact of others on a 24‑hour basis or while such persons are or others are in transit during or after the work day shall be a necessity element for the issuance of a cellular telephone to the holder. This policy shall be conservatively applied.

A cellular telephone shall be used only for District business, except as authorized herein. A District cellular telephone may be used by the holder to make or receive a non‑District business telephone call, provided such calls or call does not exceed a cumulative value of $20.00 per month and provided the holder promptly reimburses the District for such calls or call the month immediately following the month in which the class or call is billed. The use of a District cellular telephone by a holder at any time to summon needed emergency services such as fire, medical, or police or other emergency services, when a District land‑line telephone is not otherwise available, shall be deemed District business for the purposes of this policy.

The holder of a District cellular telephone shall be provided a copy of his or her cellular telephone bill by the 10th calendar day of each month. The holder shall review and by his or her signature authorize or dispute payment of any and all charges on the bill. The holder of the cellular telephone shall authorize or dispute payment of the bill and reimburse the District for any and all non‑District business calls, if any, within ten (10) calendar days of receipt of the monthly bill.

Any and all holders of a District cellular telephone shall be provided a copy of this policy upon issuance of such telephone and annually thereafter.

All items issued under this rule shall be solely for the conduct of District business unless otherwise authorized herein.

                                       ANNUAL ORGANIZATIONAL MEETING
2029. The Board of Education shall hold an annual organizational meeting to elect a president and vice president from its membership as its elected officers. The Board by this rule designates its appointed officers as follows: The Superintendent of Schools shall serve as Secretary of the Board. The Deputy Superintendent and the Executive Assistant to the Board, each, shall serve as a Deputy Secretary of the Board. The Executive Assistant to the Board shall serve as Parliamentarian of the Board. The General Counsel of the District shall be the Counsel of the Board.

An elected officer's term shall be for one year from the date of the annual organizational meeting of the Board and until his/her successor has been elected. In the event of a vacancy in an elected officer position, the Board shall immediately elect a successor to fill the unexpired officer term. In the event of a vacancy in an appointed office, the Board may appoint an acting officer until it appoints a permanent officer.

At the annual organizational meeting, after 1997, the Board shall also authorize signatures, adopt a schedule of regular meetings for the year, appoint the Board's official representatives to other governmental agencies, community organizations and other entities, and adopt goals and objectives for the year.
The annual meeting shall be held at 11 a.m. the first Monday following January 1.

In any year in which a new or a re-elected board member is sworn into office, the annual meeting shall be held concurrently with that of the City Council during the City of Oakland's Official Inaugural Ceremony at the place and site of such ceremony. In other years, the annual meeting shall be held in the Board Room of the District.

Appointed members shall be required to take the oath of office, same as for elected members, upon their appointment by the Mayor. 

                                                   OFFICER DUTIES
2030. The President shall preside at all Governing Board meetings. He or she shall:

(a) Call the meeting to order at the appointed time or as soon thereafter as the meeting may be lawfully convened;

(b) Announce the business to come before the Board in its proper order;

(c) Enforce the Board's policies relating to the order of business and the conduct of meetings;

(d) Recognize persons who desire to speak, and protect the speaker who has the floor from disturbance or interference;

(e) Explain what the effect of a motion would be if it is not clear to every member;

(f) Restrict discussion to the question when a motion is before the Board;

(g) Rule on parliamentary procedure;

(h) Put motions to a vote, and state clearly the results of the vote.

The President shall also perform other duties as directed by law, regulation and
by the Board including,

(i) Signing all instruments, acts and orders including contracts, leases and other official documents approved by the Board;

(j) Consulting with the Secretary or designee on the preparation of the Board's agendas;

(k) Appointing all committees of the Board, whose appointments are not otherwise provided for;

(1) Serving as the immediately superior, between Board meetings, of all employees appointed by the Board, subject to the will of the Board;

(m) Calling such meetings of the Board, as he/she deems necessary, giving notice as prescribed by law;

(n) Conferring with the employees appointed by the Board or their designees on crucial matters, which may occur between Board meetings;

(o) Being responsible for the orderly conduct of all Board meetings;

(p) Sharing informational mail and other items with other Board members;

(q) Issuing all official statements of the Board when speaking for the body;


(r) Exercising any other powers and duties assigned by the Board from time to time.
2031. The President shall have the rights of any member of the Board, including the right to move, second, discuss and vote on all questions before the Board without vacating the chair.

2032. In the absence of the President from a Board meeting or from the District, the vice‑president shall become Acting President. The Acting President shall assume the president's powers and duties. In the absence of the president and vice president from a Board meeting or from the District, the Board member next in greater and continuous length of service on the Board shall become Acting President.

2033. The duties of the Secretary shall include the following:

(a) To keep an accurate account of the proceeding's of the Board;

(b) To have custody of all of the Board's books, contracts, and other official documents;

(c) To post agendas for meetings of the Board in accordance with requirements of the Education Code;

(d) To notify all members of the Board of all special and adjourned and emergency meetings;

(e) To maintain an up‑to‑date file of the policies of the Board;

(f) To issue all adopted orders of the Board;

(g) To sign and execute all warrants, contracts, and other official papers of the Board;

(h) To certify or attest to actions, concurrently with the President, taken by the Board whenever such certification or attestation is required for any purpose; and

(i) To perform such other duties as the Board may require from time to time.

A Deputy Secretary, upon consultation with the Secretary, may exercise any duty required of the Secretary.

2034. The duties of the Parliamentarian shall be to advise the President, committee chairs, the Secretary, any member of the Board and the Board on procedural matters pertaining to the business of the Board under law and the adopted parliamentary authority. The advice may be given at any time. The parliamentarian may review and conform board and committee agendas to the format required by board rules. In addition, the parliamentarian may make recommendations to the above pertaining to rules, regulations and operating procedures of the Board. The parliamentarian may also perform other duties as assigned by the President, the committee chairs following consultation with the President, and/or the Board. The parliamentarian shall also serve as the principal liaison to the Rules and Ethics Committee of the Board.

                                               REGULAR MEETINGS
2035. Regular meetings of the Board of Education shall be held two Wednesdays of each month at 5:30 p.m., pursuant to a scheduled determined during the annual organizational meeting pursuant to Rule 2029, except as noted herein. Unless otherwise designated, meetings shall be held in the Board Room, the Paul Robeson Building, 1025 Second Avenue, Oakland, California 94606. Regular Board meetings shall not be held during Thanksgiving week, winter recess, spring recess or the month of July. Regular meeting agenda shall be noticed and posted at least 5 days in advance of each meeting.

If, however, a regular meeting date falls on a Board declared or a legal holiday, the Board shall meet on the following business day, Saturday and Sunday excepted, at the same hour and place unless specifically ordered otherwise by the Board.

                                                 SPECIAL MEETINGS
2036. Special meetings of the Board of Education may be called when necessary by either the president or a majority of the members. Such meetings shall be called by written notice given each member at least 24 hours before the meeting, unless a Board member has waived written notice. It shall also be the policy of the Board to notify, in writing at least 24 hours before the meeting, each local newspaper of general circulation, radio or television station requesting notice in writing. No business shall be transacted at a special meeting except that for which the meeting has been noticed and called.

                                                EMERGENCY MEETINGS
2037. Emergency meetings of the Board may be called to deal with an "emergency situation" as defined below without complying with either the 24‑hour notice requirement or the 24‑hour posting requirement of Government Code Section 54956 or both of the notice and posting requirements of Rule 2047.
For purposes of this rule "Emergency Situation" means any of the following:

(a) A work stoppage or other activity which severely impairs public health, safety, or both, as determined by a majority of the members of the Board

(b) A crippling disaster which severely impairs public health, safety, or both, as determined by a majority of the members of the Board.
In addition each local newspaper of general circulation and radio or television station which has requested notice of special meetings pursuant to Government Code Section 54956 shall be notified by the president or designee, one hour prior to the emergency meeting by telephone. All telephone numbers provided in the most recent request of such newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning, the notice requirements of this rule shall be deemed waived, and the Board, or designee of the Board, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.

The Board, pursuant to Education Code Section 54956.5, shall not hold a closed session during a meeting called pursuant to this rule.

All special meeting notice requirements, as prescribed in Rule 2036 shall be applicable to an emergency meeting called pursuant to this rule, with the exception of the 24‑hour notice requirement.

The minutes of an emergency meeting, a list of the persons whom the president, or designee of the Board, notified or attempted to notify, a copy of the roll call vote, and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible. (Government Code Section 54956.5)

                                           ADJOURNED MEETINGS
2038. The Board may adjourn (continue) any meeting to a later time and place as permitted by law. A copy of the order of  adjournment shall be posted at the meeting site.

If no member of the Board is present at any regular or adjourned regular meeting of the Board, the Secretary may declare the meeting adjourned to a later time and shall give notice in the same manner required by this rule.

                                               OPEN MEETINGS
2039. All meetings of the Board of Education and all committee meetings of the Board shall be open to the public except closed sessions. The public shall have the right to speak, pursuant to the rules herein, on any item on the agenda or under consideration.

                                       VIDEO TELECONFERENCING
2040, The Board may use video teleconferences for Board meetings when receiving public comment or testimony and during Board deliberations on issues provided agenda are posted at all video conference locations whenever they are posted elsewhere.

                                               CLOSED SESSIONS
2041. Closed sessions of the Board or of a committee maybe called, upon lawful notice during a regular or special meeting. No closed session may be held before, during, or following an emergency meeting. The keeping of separate minutes of Closed Sessions shall be optional since the Brown Act mandates that items finalized in Closed Session shall be immediately reported out in public meetings or thereafter. Such minutes if keep shall be kept and labeled "confidential" except as to actions required to be disclosed by law.

2042. The Board or a committee may hold a closed session only on those topics or matters expressly authorized by law' including the following:

(a) Personnel Issues.
To consider the appointment, employment, evaluation of performance, discipline or dismissal of an employee, or to hear complaints or charges against an employee. If the Board is to the latter, notice shall be provided to the employee as required by law. Government Code Section 54957.

Agenda items related to employee appointments and employment shall state the title of the position to be filled. Agenda items related to performance evaluations shall specify the tile of the employee being reviewed. Agenda items related to employee discipline, dismissal or release, other than the statement of the subject matter, require no additional information.

(b) Negotiations/Collective Bargaining.

The Board and standing committees are exempt, pursuant to the Rodda Act, from notice and posting meetings regarding labor negotiations and related matters including but not limited to instruction or direction to labor negotiators, mediation or impasse procedures, contractual arbitration hearings.

(c) Matters Related to Students

The Board shall meet in closed session to consider disciplinary or other action related to a specifically identified pupil if a public hearing on the matter would violated that pupil or any other pupil's privacy rights.

Agenda Items related to student matters shall generally describe the reason for the closed session in general terms such as "Expulsion Hearing", "Grade Change Hearing", "Interdistrict Attendance Request:, etc.

(d) Matters Related to Security.

The Board may meet in Closed Session with law enforcement officials, as permitted by law, on matters threatening to the security of public buildings or to the public's right of access to public services or public facilities.

Agenda items related to security matters shall specify the name of the law enforcement agency and the title of the officer with whom the Board will meet.

(e) Conference With Real Property Negotiator

The Board may meet in closed session with its real property negotiator prior to the purchase, sale, exchange or lease of real property to give its negotiator instructions regarding the price and terms of payment for the purchase, sale, exchange, or lease of property.

Agenda items related to real property shall specify the name of the negotiating parties and the street address, the parcel number or other unique reference of the real property under discussion.

(f) Pending Litigation
The Board may hold a closed session to confer with its legal counsel regarding pending litigation when a discussion of the matter in open session would prejudice the Board's position in the case. Pending litigation is as defined by Government Code Section 54956.9.

Agenda items related to pending litigation shall be described as a conference with legal counsel regarding "Existing Litigation" or "Anticipated Litigation and listed as required by Government Code Section 54954.5.

                            CLOSED SESSION ACTIONS AND REPORTS
2043. No matters other than those announced in open session shall be discussed or acted upon in closed session.

The Board shall comply with any and all statutory requirements for the required reporting out of items acted upon in closed session.

                                                  DISRUPTED MEETINGS
2044. If a meeting of the Board or a committee is "willfully disrupted" and "order cannot be restored by removing disruptive individuals, the Board or committee may clear the meeting room and hold a closed session. However, only matters on the agenda may be considered, and representatives of the news media who are not disruptive may not be excluded. An individual or individuals not responsible for willfully interrupting the meeting also may be readmitted to the meeting. (Government Code Section 54957.9)

                               MEETINGS OUTSIDE OF THE DISTRICT
2045, The Board or a committee, subject to the posting and notice requirements of Rules 2035, 2036, 2037 and 2050, may hold meetings outside of the District only under those conditions permitted by law:

a. When necessary to comply with state or federal law or court order or to attend a judicial or administrative proceedings to which the District is a party.

b. To inspect real or personal property which cannot conveniently be brought into the District, provided the topic of the meeting is limited to items directly related to the property.

c. To participate in meetings or discussions of multiagency significance, provided the meetings are held within one of the other agencies boundaries, with all participating agencies giving the notice required by law.

d. To meet in the closest meeting facility if the does not have a meeting facility within the boundaries or if its principal office is located outside the district.

e. To meet with state or federal officials when a local meeting would be impractical, solely to discuss legislative or regulatory issues affecting the district over which the state or federal officials have jurisdiction.

f. To meet in or near a facility owned by the district but located outside of the district, provided the meeting is limited to items directly related to that facility.

g. To visit the office of the district attorney for a closed session or pending litigation, when doing so would reduce legal fees or costs.

h. To attend conferences on nonadversarial collective bargaining techniques.
i. To interview residents of another district regarding the Board's potential employment of that district's superintendent.

j. To interview a potential employee from another district.

2046. Six members shall constitute a quorum for the transaction of business at all meetings of the Board. A majority of the members shall constitute a quorum for the transaction of business at a meeting of the committee.  If a quorum is not present within fifteen minutes after the hour set for any public meeting, except when the Board or committee is in Closed Session, the president or chair may adjourn the public meeting to the next half‑hour. Should a quorum fail to be present at the expiration of the latter half‑hour, the president or chair may adjourn the meeting to a specified time and date. If no member of the Board or committee is present, after 45 minutes, the Secretary may adjourn the meeting pursuant to Rule 2038.

2047.All meetings of the Board and of its committees shall have an advance noticed and posted agenda, except as permitted under Rule 2037. The agenda of a regular Board and of a committee meeting shall be noticed and posted five (5) days in advance of a meeting. Agendas of a special Board and of a committee meeting shall be noticed and posted 24‑hours in advance of the meeting. Agendas of an emergency meeting of the Board or a committee shall be noticed and posted pursuant to Rule 2037.

The agenda for a Board meeting and of a committee, whether in open or closed session, shall contain a brief general description of each item of business to be discussed or transacted at the meeting. The brief description shall convey to the public or member (if closed session) or to both the essence of the item to be discussed or transacted.

The agenda shall specify the time and location of the meeting and shall be posted in a location that is freely accessible to members of the public. No action shall be taken on any item not appearing on the posted agenda, except as herein specified in Rule 2050.

2048. Agendas for special meetings of the Board or a committee shall conform to the requirements of Rule 2036.

2049. Agendas for emergency meetings of the Board or a committee shall conform to the requirements of Rule 2037.

2050. Additions to the posted agenda of the regular meetings of the Board or of a committee, commonly called "Suspension of the Agenda Rule" shall only be done pursuant to Government Code Section 54954.2, under any of the following conditions:

(a) Upon a determination by a majority of the Board or committee that an emergency situation exists pursuant to Rule 2037.

(b) Upon a determination by a two‑thirds vote of the Board or committee, or if less than two‑thirds of the members are present, a unanimous vote of those members present, that the need to take action arose subsequent to the agenda being posted pursuant to Rule 2035.

(c) The item was posted pursuant to Rule 2035 for a prior meeting of the Board or committee occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting item was continued to the meeting at which action is being taken.

If the agenda is "suspended" under this rule, the new subject matter or motion to be considered, following the move and second but before the vote is taken, shall provide the public an opportunity to speak on the subject matter or motion without the necessity of complying with Rule 2075(a).

2051. Suspension of the agenda item‑posting rule may not be made at a special meeting of the Board or of a committee.

2052. Suspension of the agenda posting rule may not be made at an emergency meeting of the Board or of a committee,

                                       ACTION OR ACTION TAKEN
2053. Action or "action taken" means a collective decision made by a majority of the members of the Board or of a committee, a collective commitment or promise by a majority of the members of the Board or of a committee to make a positive or negative decision, or an actual vote by a majority of the members of the Board or of a committee while sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance or other subject matter. (Government Code Section 54952.6)

2054. No member of the Board shall speak for more than five (5) minutes on any subject matter pending before the Board or in committee without the consent of the president or of the chair of a committee or of a majority of the Board or committee membership. If additional time is granted any member, additional equal time shall be granted to any other member desiring it. A member may not yield any unexpired portion of time to another member or reserve any portion of the time for a later time. If a member yields to another member for a question, the time consumed by the question shall be charged to the member who has yield.

No member shall speak twice or more on the same subject matter, at a Board meeting or in a committee meeting, except when all members desiring to speak have spoken at least once. The second or more round of speaking on the subject matter shall be limited to a maximum of five minutes per member unless such time is extended by the president or the chair of the committee or the majority of the Board or committee membership.

                                      AGENDA ‑ ORDER OF BUSINESS
2055. The Board shall conduct business at every regular meeting.
The order of business shall be:
A. Call to Order
B. Roll Call
C. President's Statement Disclosing Item(s) To Be Discussed In Closed Session
D. Closed Session Items (Listed pursuant to law):
E. Recess to Closed Session
F. Reconvene to Public Session       Fl. Pledge of Allegiance
G. Second Roll Call
H. President's Statement of Reportable Action Taken In Closed Session and the Vote
      or Abstention of Members Present, If Any.
I. Modifications to the Agenda
[ All speaker cards would have to be received by this point in the agenda in order to be recognized during the course of the meeting.  Board members would also need to pull items by this point in the agenda to have that item discussed during the course of the meeting. ]

J. Special Recognition and Presentations
K. Public Presentations to Board
L. Adoption of the General Consent Agenda
M. Old Business
N. New Business
O. Adoption of the Pupil Discipline Consent Calendar
P. Report of Student Board Members
Q. Public Presentations to the Board
R. Report of the Superintendent of Schools
S. Report of Board Members
T. Introduction of New Matter
U. Adjournment

Committee agenda may be constructed in a similar fashion.

2056. The order of business in Rule 2055 may be suspended by the President or a committee chair or with the consent of the quorum of the respective body. 

"Adoption of the General Consent Agenda" means that all items appearing on the agenda under this topic are approved in one motion unless a board member requests that an item be removed and voted on separately or otherwise acted upon. Generally, these items are affirmative recommendations from standing committees, or otherwise routine in nature, and are acted upon in one motion to conserve time and permit focus on other‑than‑routine items on the agenda. An item on the General Consent Agenda which a member has requested be removed, shall be removed, without debate for separate consideration and vote or other disposition. All items remaining on the General Consent Agenda, thereafter, shall be adopted in a single motion.

                                     INTRODUCTION OF NEW BUSINESS
2058. Board members, except a Student Director, desiring to have a motion, resolution, order, or other subject matter scheduled for action by the Board shall announce the subject nature of the intended matter at a regular meeting. If the majority does not object, the President shall assign the subject matter to the appropriate standing or special committee for consideration of its programmatic, financial and/or other consideration.

                                             COMMITTEES APPOINTMENTS
2059. All Board committees shall be appointed by the president, subject to advice and consent of the Board. The president shall designate the chairperson of the committee. The vice‑chairperson of the committee shall be the senior member in continuous service on the committee. If two or more members began service on the committee concurrently, service seniority on the Board shall determine seniority on the Committee.

                                  FUNCTIONS OF STANDING COMMITTEES
2060. It shall be the primary function of each standing committee of the Board:
(a) To undertake and complete such inquiries, investigations and studies as the President or Board may assign to any such committees for the purpose of presenting communications, recommendations, report, motions and other subject matter to the Board.

(b) To initiate and pursue such inquiries, investigations and studies respecting matters within the province of the committee concerned as may be approved by a majority thereof, for the purpose of eventually directing appropriate communications, recommendations and reports to the Board; provided, however, that no such committee project shall be initiated without informing the Board respecting the general objective and plan of such proposed inquiry, investigation or study, either by statement made by the committee chairperson at open meeting of the Board and recorded in the minutes or by memorandum in writing signed by a majority of said committee and filed with the Board.

(c) To process and present to the Board, communications, recommendations, reports and other matters submitted by the superintendent of Schools to the Board through the appropriate committee.

(d) To review motions initiated by Board members and propose amendments as needed, prior to action by the Board.

(e) To review all budget, legislative and administrative matters relating to the functions of said committee and made recommendations to the Board.

(f) To perform such other duties as may properly be assigned from time to time to any such committee by the Board.

                                                    COMMITTEE MEETINGS
2061. Committee meetings shall be held at least monthly at a fixed hour, date, and place. The annual calendar of a committee's meetings shall be adopted not later than the second meeting of the committee following the annual organization meeting of the Board. Committee meetings shall be called and noticed pursuant to Rule 2035, 2036, 2037 and 2047.

                                                   COMMITTEE STAFFING
2062. The Superintendent, upon consultation of the Committee Chair by the President and with the President's approval, shall assign senior staff members of the Administration to assist a particular committee of the Board with its work. It shall be the responsibility of the Superintendent and staff so assigned to facilitate and meet the timelines set by the committee for consideration, action and the reporting of committee recommendations to the Board.


2063. The President of the Board shall appoint the following standing committees, each consisting of less than a majority of the full Board, but not less than three, within thirty days following the annual meeting: 

A. Rules and Ethics ‑ This committee shall review and/or propose policy recommendations designed to promote, improve and expedite the business and procedures of the Board and of the committees thereof, and to offer to the Board any amendments to the Rules deemed necessary to accomplish such purposes. The committee shall also propose rules of ethics and amendments thereof for members of the Board and designated members of the administration. The  committee shall also review all recommendations from the Pupil Disciplinary Hearing Panel (PDHP) to the Board including but not limited to the proposed expulsion, suspended expulsion, reinstatement, readmission of a District pupil, or admission of an expelled pupil from another district, and make recommendations thereon to the Board. The committee also shall handle other matters assigned. 

B. Finance and Human Resources ‑ This committee shall review and/or propose the District's annual budget, modifications thereto, policies governing the fiscal integrity of the District, and the handling of bids and contracts for non-instructional technology and services, except facilities and instructional services.   The committee also shall be responsible for proposing and reviewing purchasing policies.  The committee shall also review and/or propose policies for the hiring, promotion, retention, training and evaluation of employees. The committee shall also be responsible for reviewing and proposing policies regarding collective bargaining issues including reviewing and making recommendations on collective bargaining contracts and other labor‑management related issues. The committee also shall handle other matters assigned. 

C. Teaching and Learning ‑ This committee shall review and/or propose policies on curriculum, instructional programs and related support services as well as well as handle bids and contracts for  instructional related services, including but not limited to supplementary academic programs  and instructional technology for the District.  The  committee also shall review student services issues and programs, including but not limited to school safety, student truancy and related programs except pupil discipline issues assigned to the Rules and Ethics Committee. The committee also shall handle other matters assigned.  

D. Intergovernmental Relations ‑ This committee shall review and/or propose policies fostering inter‑agency collaboration with city, local, state and federal agencies, individuals, public and private groups and corporations; recommend positions to be taken through the legislative process ‑federal, state, local ‑ on behalf of the District. The committee also shall handle other matters assigned. The members of this committee, by virtue of their appointment, shall also serve as the Districtís representatives on the City-Schools Education Partnership or successor Committee.  

E. Facilities  - This committee shall review and/or propose policies governing development and maintenance of the physical facilities and physical infrastructure of the District, the handling of bids and contracts for facilities development, renovation and construction, including but not limited to facilities technology and the sale or lease of real surplus property.  The committee also shall handle other maters assigned.  (Revised January 6, 2003)

2064. The President of the Board or the Board may appoint special committees, consisting of not more than five members, to undertake and complete such inquiries, investigations and studies of subject matter not assigned to a standing committee for the purpose of presenting communications, recommendations, report, motions and other subject matter to the Board.

2065. Committees shall only have the power to propose and to recommend action to the full Board. No action of a committee shall establish the official policy or position of the Board regarding any matter. No action of any committee shall be binding upon the Board. All proposals, reports and recommendations from committees shall be scheduled for consideration at a regular or special meeting of the Board. Such motions, reports and recommendations shall be scheduled and noticed for action pursuant to Rule 2047.

The committee to which the subject matter is assigned shall at a regular or special meeting of the committee, posted and noticed pursuant to Rules 2047, schedule consideration or a hearing on the matter. The proponent of the subject matter shall present draft language of the motion, resolution, recommendation or other matter and background documentation to the committee at the same time the agenda is posted for the committee meeting at which action is to be taken. At the meeting, the committee may take testimony from proponents and opponents of the subject matter.

The committee, following deliberations on the subject matter, may make a favorable written recommendation, including modifications on the matter to the Board. The committee also may vote an unfavorable recommendation on the matter. Subject matter given an unfavorable recommendation by vote of the committee shall not be reported to the full Board, unless discharged as provided herein.

A subject matter not favorably reported from a committee may be discharged from the committee and considered by the Board upon a majority vote of the Board to discharge, provided the subject matter of the discharge has been posted and noticed on a Board meeting agenda. 

No motion, resolution, recommendation, order or other subject matter shall be scheduled for action by the full Board unless the subject matter has been first considered in committee, unless such subject matter is subject to Rule 2050 or the rule herein or is ceremonial.

2066. The Board of Education by motion, resolution or other formal action may from time to establish advisory committees on its own motion, as required by state or federal law or regulation advisory committees to advise it or the administration on matters within the subject matter of the Board. Such advisory committees shall function and operate pursuant to the authority of the Board and any and all application state, federal laws and regulations.
Advisory committees shall be subject to review and reconstitution by the Board at any time but not later than annually at the second regular meeting in January of each year.

2067. The Board may appoint any of its members to serve as its representative on district advisory committees and other public agencies and organizations and private non‑profit organizations. When making such appointment, the Board shall clearly specify, on a case-by-case basis, the authority and responsibilities involved. Board representatives shall not grant district support or endorsement for any activity without prior Board approval. If a topic of discussion occurs while serving, if the Board has taken a position, the representative shall express that position as representative of the Board. If the Board has taken no position, the representative may contribute individual ideas or opinions, as long as he or she makes it clear that he/she is speaking individually, and not on behalf of the Board.

2068. The official records of the proceedings of the Board and of its committees shall be known as the minutes. Minutes of the Board and of committees shall be recorded in writing and maintained in the Board office, except as permitted by these rules. The minutes shall, at minimum, include those subject matters moved, seconded, and voted upon. The minutes, when approved by the Board or by a committee, shall be the official records of the proceedings at which they were taken. Minutes of a meeting shall be prepared and considered for adoption not later than the next regular scheduled meeting of the Board or of a committee. Minutes of the Board and committees shall be preserved in perpetuity.

Whenever feasible, all public meetings of the Board and of its committees also shall be recorded in its entirety by an electronic and/or video recording device. Such electronic and/or video recordings shall not be edited and as made shall be considered unofficial public records of the proceedings of the Board or of a committee, designed primarily to assist in the preparation of the minutes, and may be erased or destroyed ninety calendar days after such electronic and/or video recordings are made.

2069. All motions, resolutions, orders, elections, and votes of the Board and of committees shall be taken by ayes and noes, and the vote recorded. Records of closed session matters, if taken, shall be kept confidential unless disclosure is required by law or disclosure is authorized by the Board. No measure or proposition shall be valid unless passed by a majority of the membership or a greater majority if required by law.

2070. Robert's Rules of Order Newly Revised shall be the authority for all parliamentary questions not provided for in these rules or in law.

2071. Adopted policies of the Board maybe amended or repealed at any regular meeting of the Board by an affirmative vote of six members, provided that notice of any such proposed amendment has been properly noticed and posted in advance as specified in Rule 2047.

2072. All resolutions of the Board shall be numbered, the subject matter cited, and specific references made in the minutes.

2073. Written communications to the Board involving policy matters which are properly the first concern of the Board shall be referred to appropriate committee or staff for development of a written response or other action by the Board. Written communications to the Board involving administrative matters which are properly the first concern of the Administration shall be referred to the Superintendent of Schools for a written response or other action by the Administration.

2074. Members of the public may have matters directly related to school District business placed on the agenda of any regular meeting of the Board, provided a written request including supporting documentation for such item is received in the Board Office, addressed to the President of the Board no later than the 12 Noon the Wednesday preceding the next regularly scheduled meeting. Such request after introduction shall be referred to the appropriate Board committee for disposition.

Any item placed on the Board agenda by a member of the public will be for presentation and discussion only. The Board retains discretion whether or not to include such item for Board action on the agenda of any subsequent Board meeting. In making such determination, the Board may permit adequate time for study, analysis and response by its committees and/or the Superintendent. The Board may also remove any such item from the agenda when it appears that no member of the public present at the Board meeting wishes to discuss the matter.

If the request to place a matter on the Board's agenda pertains to a topic more appropriately discussed in Closed Session, the President or the Board may so advise the person requesting inclusion of such matter on the public meeting agenda. The Board retains discretion to determine those subjects, which it will consider in Closed Session pursuant to the requirements of law.

2075. Oral presentations may be made before the Board or a committee thereof as follows:

(a) Procedure. Requests to address the Board or committee must be made by completing a card available at the entrance to the meeting room and personally filing it with the Board Office or the Districtís Public Information Office.  Speaker cards must be submitted to the President or the Committee Chair prior to Board or Committee action on Modifications to the Agenda.  The card should indicate the agenda item or items, the name of the speaker and/or topic, which the speaker seeks to address.
(b) Time Limit and Topic. Speakers shall limit their remarks to three minutes. A speaker or scheduled speaker may not yield his/her time to another person. If a speaker yields his or her time to ask or seek an answer to question, the time shall be charged to the speaker. The President or chair of a committee, however, is privileged to extend a time limit for any speaker, subject matter, or topic. The President or chair of a committee, however, is also privileged to restrict any speaker to the topic or subject under consideration.

(c) Out of Order Remarks. Each speaker, under law, is responsible for his or her remarks made in a meeting of the Board of Education or a committee. While the Board will not censure any person's speech, speakers are responsible for their remarks and should present all remarks courteously within the time permitted for such comments. At the same time, Board members are free to express criticism of remarks they believe are prejudicial or biased against other groups.  They are free to remind speakers that prejudicial speech is antithetical to the aims of the educational endeavor.

If any member of the public uses obscenities or offensive language that could immediately provoke a violent reaction, the presiding officer, or any member of the board, upon recognition by the presiding officer, is free to calmly and politely advise the speaker to communicate civilly.  This policy promotes mutual respect, civility, and orderly conduct among District employees, parents, students and the public. It shall be the Boardís practice to maintain, to the extent feasible and reasonable, an atmosphere in which the public, the Board and District staff treat each other with respect.  The Board is committed to maintaining the educational process and meetings free from disruptions that prevent learning and the free exchange of ideas.

(d) Order of Speaking/Time.  The President or chair of a committee or the body is privileged to arrange requests by agenda, subject, or topic.  Speakers wishing to address an agenda item will be called when that item is under discussion and before a vote is taken. Items posted on the agenda, which have been subsequently canceled or continued, are not subject to discussion by a member of the Board or of the public at that session of the committee or Board. Speakers on an agenda topic, other than public presentations, shall be called in the order of speakers card received alternating between proponent, opponent, alternative position on the issue.  The Board, the committee or its chair shall announce the amount of time allocated for public comments on an agenda topic.  Generally such amount of time shall not exceed one hour or unless the body consents to additional time.  The amount of time allocation for public comment shall be announced in advance of consideration of the agenda item.

(e) Written Questions.  Speakers are encouraged to present substantive questions in writing so that answers, as appropriate, may be made after due consideration.

(f) Oral Request.  Members of the public may make an oral request at any Board of Committee meeting that a matter directly related to School District business be placed on the agenda pursuant to Rule 2074.

(g) Charges or Complaints Against Personnel.  Charges or complaints against District personnel are urged to be addressed and resolved through the Uniform Complaint Procedure before addressing such issue to the Board.

(h) Disruptions.

(1) Any individual who disrupts or threatens to disrupt Board operations; threaten the health and safety of Board Members, students, staff, or members of the public, or uses loud and/or offensive language which could provoke a violent reaction, the Chair will direct the individual to leave the meeting of the Board of Education, or its committee.

(2) When an individual is directed to leave a Board meeting, the Chair shall inform the person that he/she will be guilty of a misdemeanor in accordance with California Education Code Section 44811 and Penal Code 415.5 and 626.7, if he/she reenters any District facility within 30 days after being directed to leave, or within seven days if the person is a parent/guardian of a student attending the school.  If an individual refuses to leave upon request or returns before the applicable period of time, the Chair or designee may notify law enforcement officials.

(3) If any speaker uses obscenities or speaks in a demanding, loud, insulting and/or demeaning manner, the Chair shall calmly and politely admonish the speaker to communicate civilly.

2076. The Board hereby delegated to the Secretary of the Board the responsibility for the solicitation, return and opening of bids for products, services and professional services within the District.  The Secretary shall adhere to any and all legal requirements for issuance and receipt of bids.  The Secretary shall publicly open any and all returned bids at a time and place announced to the public in the notice of solicitation of bids.  Any member of the public shall be allowed to attend the bids opening.  The Secretary shall report to the appropriate Board committee the bids returned and an official copy of any and all documents relating to such bids shall be filed in the Office of the Board.


2077.  Members (former members) of the Board who leave office are prohibited for a period of one year following leave from entering into any contract for compensation to provide professional or any other independent contract or employment services for or on behalf of the District.  This rule shall not be waiveable by the Governing Board.    

Board of Education Rules adopted March 5, 1997; amended June 30, 1999; amended April 12, 2000; amended September 13, 2000; amended January 6, 2003.

Board of Education Rules adopted March 5, 1997; amended June 30, 1999; amended April 12, 2000; amended September 13, 2000.


News + Highlights
SB39 - District's  $100 Million Loan Bill Status Is Law

Governor Gray Davis has signed into law SB 39.

State Superintendent of Public Instruction Jack O'Connell has appointed Randolph Ward, Ed.D., as State Administrator of the District.  Dr. Ward formerly served in the same capacity in the Compton Unified School District.



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