Last Reviewed Date: 4/20/2021
Adoption Date: 1/23/1974
Revision History: 7/19/1994; 6/20/00; 12/19/17; 4/20/21
Candidates for the office of member of the Board of Education shall be nominated by petition. Such petition shall be directed to the District Clerk, shall be signed by at least twenty-five qualified voters of the District, or by two (2) percent of the number of voters who voted in the previous annual election of Board members, whichever is greater, shall state the residence of each signer, and shall state the name and residence of each candidate.
A candidate runs at large; Board vacancies shall not be considered separate specific offices and that the nominating petitions shall not describe any specific Board vacancy for which the candidate is nominated.
Policy References:
Education Law Sections 2004, 2013, 2018, 2025, 2029, 2031-a, 2032, 2034(7)(d), 2105(14), and 2121
Last Reviewed Date: 4/20/2021
Adoption Date: 7/19/1994
Revision History: 6/20/2000; 1/20/04; 12/19/17; 4/20/21
Board members may resign at a District meeting of residents (i.e., the annual meeting, not a regular Board of Education meeting) or by filing a written resignation with the District Superintendent of the Supervisory District who must endorse his/her approval and file the resignation with the District Clerk.
Alternatively, a Board member may resign under Public Officers Law Section 31 by filing a written resignation with the District Clerk. The Clerk must then notify the Board of Education and the State Board of Elections.
A resignation may be withdrawn only with the consent of the person to whom the resignation was delivered (i.e., the District Clerk or District Superintendent). The Board has no authority to act upon a request to withdraw a resignation.
The resignation shall take effect upon the date specified in the letter of resignation; however, if no effective date is specified, it shall take effect on the date of delivery to or filing with the District Clerk. If an effective date is specified in the letter of resignation, such date shall not be more than thirty (30) days after the date of its delivery or filing.
It shall be the duty of each member of the Board to attend all Board meetings and, if any member shall refuse to attend three (3) consecutive Board meetings after having been regularly notified and a satisfactory cause for each non-attendance is not shown, the Board will proceed to declare that office vacant.
A Board member may be removed from office by the Commissioner of Education for willful violation of any provision of law, neglect of duty, or willfully disobeying any decision, order or regulation of the Commissioner. The Board may also remove a Board member for misconduct relating to the exercise of authority as a Board member. A written copy of all charges made of such misconduct must be served upon the Board member at least 10 days before the time designated for a hearing on the charges; and the Board member shall be allowed a full and fair opportunity to refute such charges before removal.
In the event of death, resignation, removal from office or from the District, or refusal to serve of a Board member, the District has the power and duty to fill the vacancy. If the Board chooses to fill the vacancy by appointment, the appointment requires a majority vote of the full Board and shall be only for a term ending with the next annual election of the District at which time such vacancy shall be filled in a regular manner for the balance of the unexpired term.
The Board, at its own option, may instead call a special election within ninety (90) days to fill the unexpired term. If not filled by Board appointment or special election, the District Superintendent of the Supervisory District may appoint a competent person to fill the vacancy until the next annual election. Alternatively, the Commissioner of Education may order a special election for filling a vacancy. When such special election is ordered, the vacancy shall not be otherwise filled.
A Board member who has been removed from office shall be ineligible to appointment or election to any office in the District for a period of one (1) year from the date of such removal.
Policy References:
Education Law Sections 306, 1607, 1706, 1709(17)(18), 1804(1), 2103(2), 2109, 2111, 2112, 2113, 2502, 2503, and 2553 Public Officers Law Sections 30, 31 and 35
Last Reviewed Date: 4/20/2021
Adoption Date: 1/01/1979
Revision History: 7/19/1994; 6/20/00; 6/5/01, 12/19/17; 4/20/21
Questions and Propositions at Annual District Elections
The following rules and regulations shall apply to the submission of the questions or propositions at the annual elections or special district elections of the Brockport Central School District.
Questions or Propositions to be Submitted at Special District Meetings
The procedure for requesting the Board to call a Special District Meeting to vote on a question or proposition shall be in accordance with subdivision 2 of Section 2008 of the Education Law.
Policy References:
Education Law Sections 2008 and 2035(2)
Last Reviewed Date: 6/15/2021
Adoption Date: 7/19/1994
Revision History: 6/20/2000; 1/23/18; 6/15/21
The minutes are a legal record of the activities of the Board of Education as a public corporation having the specified legal purpose of maintaining public schools. The minutes of all meetings shall be kept by the Clerk or, in their absence, by the Superintendent of Schools or their designee. The minutes shall be complete and accurate and stored in a minutes file. However, minutes of executive sessions need not include any matter which is not required to be made public by the Freedom of Information Law.
The minutes of each Board meeting shall state:
All Board minutes shall be signed by the District Clerk when approved and stored in a locked room or locked file cabinet. Unless otherwise provided by law, minutes shall be available to the public within two weeks following the date of a meeting; draft copies, so marked, are acceptable, subject to correction.
Policy References:
Public Officers Law Section 106
Last Reviewed Date: 4/20/2021
Adoption Date: 2/08/1982
Revision History: 7/19/1997; 06/20/2000; 12/19/2017; 4/20/2021
The New York State Constitution, as amended in 1894, instructs the Legislature to provide for a system of free common schools wherein all children of the State may be educated.
The Legislature of the State has implemented this constitutional mandate through the creation of school districts of various types. The Brockport Central District is governed by the laws for Central School Districts in Article 37 of the Education Law, and by-laws relating to, or affecting, Union Free School Districts in Article 35 of the Education Law.
The District constitutes a corporate entity that possesses all the usual powers of a corporation for public purposes, and in that name may sue and be sued, purchase, hold and sell personal property and real estate, and enter into such obligations as are authorized by law.
The New York State Constitution places the responsibility for public education on the State Legislature, and directs the establishment of a State Department of Education for general supervision over the schools and headed by a Commissioner of Education. The New York State Constitution further provides that local public schools under the general supervision of the State Education Department shall be maintained, developed and operated by locally elected boards. Legally, local boards are instruments of the New York State Constitution, the New York Statutes and the regulations of the State Education Department and its Commissioner. It shall be the primary function of this Board of Education to provide an educational program of the highest character consistent with the wishes of the residents of the District, and with their ability and willingness to pay taxes in support of that educational program.
Policy References:
New York State Constitution Education Law Articles 35 and 37
Last Reviewed Date: 4/20/2021
Adoption Date: 7/19/1994
Revision History: 12/20/1994; 6/20/00; 12/19/2017; 4/20/21
As a body created under the Education Law of New York State, the Board of Education of the Brockport Central District has full authority, within the limitations of federal and state laws and the Regulations of the Commissioner of Education and interpretations of them, to carry out the will of the people of its District in matters of education.
In all cases where federal and state laws or regulations of the State Commissioner of Education do not provide, permit, or prohibit, the Board shall consider itself the agent responsible for establishing and appraising educational matters and activities.
Board members have no authority over school affairs as individuals. They have authority only when acting as a body duly called in session. Except as otherwise permitted by law or Board policy, no member of the Board shall be personally interested in any contract which is made on behalf of the District.
Policy References:
Education Law Sections 1604, 1701, 1709, 1804, and 1805
Last Reviewed Date: 4/20/2021
Adoption Date: 10/8/1970
Revision History: 7/19/1994; 12/20/94; 6/20/00; 7/26/05; 1/23/18; 4/20/21
Members of the Brockport Central School District Board of Education will strive to provide the highest level public education for each student in the District. The powers and duties of the Board of Education are set forth in the Education Law.
In addition to the duties and responsibilities conferred by law, Board members shall at all times operate under the highest ethical standards, and shall:
Policy References:
New York State School Boards Association Annual Meeting
Last Reviewed Date: 4/20/2021
Adoption Date: 7/19/1994
Revision History: 6/20/2000; 4/20/2021
The Board of Education of the Brockport Central District shall consist of seven (7) members elected by the qualified voters of the District at the annual election as prescribed by law.
Members of the Board of Education shall serve for five (5) years beginning July 1 following their election and each term shall expire on the thirtieth day of June of the fifth year.
A Board of Education member of the Brockport Central School District must:
Policy References:
7 Member Board - Education Law Section 1804.1 Term of Office - Education Law Section 2105 Education Law Sections 2102, 2103 and 2103-a Public Officers Law Section 3
Last Reviewed Date: 4/20/2021
Adoption Date: 7/19/1994
Revision History: 6/20/2000; 4/12/2005; 12/19/17; 4/20/21
Each candidate for the position of member of the Board of Education whose expenses and/or contributions received exceed five hundred dollars ($500) must file a statement accounting for his/her campaign expenditures and contributions with the District Clerk and an additional statement with the Commissioner of Education. In the event the expenses do not exceed five hundred dollars ($500) and the aggregate amount of all contributions made to the candidate do not exceed $500, then a sworn statement to that effect must only be filed with the District Clerk.
Required contribution statements shall include:
The times for filing the statements are as follows:
Any contribution or loan more than $1,000 received after the close of the period covered in the last statement filed before the election (b above) but before the election itself shall be reported within 24 hours after receipt.
All statements must be sworn before a notary public, a commissioner of deeds, a lawyer or a public official authorized by New York State law to administer oaths.
Policy References:
Education Law Sections 1528 and 1529 Election Law Section 14-100(1)
Last Reviewed Date: 5/18/2021
Adoption Date: 6/1/1993
Revision History: 7/19/1994; 6/20/00, 12/19/17, 5/18/21
The Board of Education authorizes the District Clerk or a Board designee to provide absentee ballots to qualified District voters. Absentee ballots shall be used for the election of Board members and for the adoption of the annual budget and referenda.
A District voter must request an application for an absentee ballot. The voter must complete the application and state the reason he/she will not be able to appear in person on the day of the District election. The application must be received by the District Clerk/designee no more than thirty (30) days or less than seven (7) days before the election if the ballot is to be mailed to the voter, or the day before the election if the ballot is to be delivered personally to the voter.
Pursuant to the provisions of Education Law, a District voter is eligible to vote by absentee ballot under the following conditions:
An absentee ballot must reach the office of the District Clerk/designee not later than 5 p.m. on the day of the election.
A list of all persons to whom absentee ballots have been issued shall be maintained by the District Clerk/designee and made available for public inspection. Any qualified voter challenging the acceptance of an absentee ballot must file a written statement with the District Clerk/designee or inform the election inspectors on the day of the District election.
Policy References:
Education Law Sections 2014, 2018-a and 2018-b
Last Reviewed Date: 5/18/2021
Adoption Date: 7/19/1994
Revision History: 6/20/2000, 12/19/17; 5/18/21
The Board of Education shall have powers and duties as set forth in New York State Education Law, principally Articles 35 and 37, and other applicable federal and state laws and regulations. In general, the Board shall supervise, manage and control the educational affairs of the Brockport Central School District, and shall have all the powers necessary to exercise these powers expressly granted to it by the laws of New York State and the Commissioner of Education.
Policy References:
Education Law Sections 1604, 1709 and 1804
Last Reviewed Date: 10/17/2023
Adoption Date: 7/19/1994
Revision History: 6/20/2000, 12/19/17, 5/18/21, 10/17/23
The President and Vice President of the Board of Education shall be elected to a one-year term by a simple majority at the Annual Reorganizational Meeting. They will take their oath as officers immediately after election.
No member may be elected to a particular office for more than three terms for any five-year period.
Policy References:
Education Law Sections 1701 and 2105(6)
Last Reviewed Date: 5/18/2021
Adoption Date: 7/19/1994
Revision History: 6/20/2000, 12/19/17, 5/18/21
The President's duties include the following:
Policy References:
Education Law Section 1701
Last Reviewed Date: 5/18/2021
Adoption Date: 7/19/1994
Revision History: 6/20/2000, 12/19/17, 5/18/21
The Board of Education will elect one of its members Vice President who shall have the power to exercise the duties of the President in case of the absence or disability of the President. In case of vacancy in the office of the President, the Vice President shall act as President until a President is elected
Policy References:
Education Law Section 1701
Last Reviewed Date: 5/18/2021
Adoption Date: 7/19/1994
Revision History: 6/20/2000; 1/20/04; 7/5/06; 5/1/07; 12/19/17, 5/18/21
Appointments
The Board of Education is authorized to appoint individuals to positions which will facilitate the meeting of its responsibilities to the State, the Brockport Central School District, and the community. These appointments usually take place at the Annual Organizational Meeting.
The following shall be appointed annually:
The following may also be appointed:
Designations
The following designations shall be made by the Board of Education at the Annual Organizational Meeting in July:
Authorizations
Policy References:
McKinney-Vento Homeless Education Assistance Act, Section 722, as reauthorized by the No Child Left Behind Act of 2001 Education Law Sections 305(31), 1709 and 2503 29 Code of Federal Regulations (CFR) 1910.1450
Last Reviewed Date: 11/17/2020
Adoption Date: 11/17/2020
From time to time, the Board of Education will have the privilege of conferring on a deserving individual awards in recognition of outstanding service to the Brockport Central School District.
James C. Fallon Distinguished Service Award
In recognition and appreciation of Mr. Fallon’s many years of faithful and singular service as an educator and administrator in the Brockport Central School District, the Board of Education chooses to establish the James C. Fallon Distinguished Service Award.
This award - which is intended to have precedence over all non-student honors bestowed by the District - may be conferred on a Brockport student, employee, or community member who singularly exemplifies Mr. Fallon’s best qualities and uses those qualities to accomplish demonstrable and sustained improvement of the District, including:
A candidate for this award must be nominated by a member of the Brockport community, and that nomination shall be delivered to the Board of Education. The Board shall assess the nomination and determine whether the nominee meets the high standard required by this award. Only in the event of unanimous approval by the Board shall this award be conferred on a nominee.
This award shall be placed in a position of prominence to inspire the community to strive for the example set by Mr. Fallon and other recipients.
Dean Henion Award
In recognition of the many years of outstanding contribution to public education in Brockport on the part of Mr. Dean Henion, the Board of Education of the Brockport Central School District has established the Dean Henion Award.
This award may be conferred upon a member of the Brockport community, lay or professional, who have made outstanding contributions to public education in Brockport in the mold of Dean Henion.
A candidate for this award must be nominated by a member of the Brockport community, and that nomination shall be delivered to the Board of Education. The Board shall assess the nomination and determine whether the nominee meets the high standard required by this award. Only in the event of unanimous approval by the Board shall this award be conferred on a nominee.
This award shall be placed in a position of prominence to inspire the community to strive for the example set by Mr. Henion and other recipients.
Brockport’s Best Award
This recognition from the Board of Education honors individuals or groups associated with the Brockport Central School District for outstanding achievement.
Honorees may be a staff member, administrator, parent, student, community member or alumnus/alumna. Brockport’s Best award recipients will be honored during Board of Education meetings. Nominations will be accepted on a continual basis. Brockport’s Best Committee and Superintendent will recommend award recipients to the Board.
Last Reviewed Date: 5/18/2021
Adoption Date: 1/08/1991
Revision History: 7/19/1994; 6/20/00; 1/23/18; 5/18/21
The Board of Education reserves to itself the authority to provide guides for the discretionary action of those to whom it delegates authority. The Superintendent of Schools shall act as an advisor to the Board in the adoption and approval of written Board policies. The Board may seek input from the staff and community where appropriate. These guides for discretionary action shall constitute the policies governing the operation of the District.
The formulation and adoption of these written policies shall constitute the basic method by which the Board shall exercise its leadership of the District. The study and evaluation of reports concerning the execution of its written policies shall constitute the basic method by which the Board shall exercise its control over the operation of the District.
The adoption of a written policy shall occur only after the proposal has been approved through the following process:
By a majority vote, the Board may waive the requirement of a "second reading" and complete the adoption of the proposed policy at its "first reading".
The adoption of written Board policy shall be recorded in the official minutes of the Board. Such written Board policy shall govern the conduct and affairs of the District and shall be binding upon the District, its students and employees, and the Board.
It shall be the Board's responsibility to keep its policies up to date. The Superintendent is invited to recommend changes to Board policies that he/she deem necessary or expedient.
Last Reviewed Date: 5/18/2021
Adoption Date: 7/19/1994
Revision History: 6/20/2000; 1/23/18; 5/18/21
The Board of Education delegates to the Superintendent of Schools the responsibility to develop the administrative regulations governing the Brockport Central School District. Regulations shall be consistent with the policies adopted by the Board. The Board shall have access to the administrative regulations.
Last Reviewed Date: 5/18/2021
Adoption Date: 8/23/1973
Revision History: 7/19/1994; 12/20/11; 1/23/18; 5/18/21
All Board of Education meetings must be open to the public, except those portions of the meetings which qualify as executive sessions. A "meeting" is defined as an official convening of a public body for the purpose of conducting public business and a "public body" is defined as an entity of two (2) or more persons which requires a quorum to conduct business, including committees. Reasonable efforts shall be made to ensure that all meetings are held in an appropriate facility which can adequately accommodate all members of the public who wish to attend.
If a Board meeting has been scheduled at least one week before it occurs, there must be at least seventy-two (72) hours advance notice. Notice of Board meetings scheduled less than a week in advance shall be given as soon as is practicable. Notice of the time and place of a meeting shall be conspicuously posted on the Brockport Central School District's website.
If videoconferencing is used to conduct a meeting, the public notice for the meeting shall inform the public that videoconferencing will be used, identify the locations for the meeting, and state that the public has the right to attend the meeting at any of the locations.
Regular meetings of the Board shall take place on the day and time designated by the Board at the Annual Reorganizational Meeting, except as modified at subsequent meetings of the Board.
It is the responsibility of the Superintendent of Schools to prepare the agenda and review it with the Board President for each meeting. The agenda for each meeting shall be prepared during the week prior to the meeting. The agenda shall be distributed to Board members no later than the Friday before such regular meeting. Whenever the President or other members of the Board wish to bring a matter to the attention of the Board, such request should be made to the Superintendent so that the same can be placed on the agenda. Whenever individuals or groups wish to bring a matter to the attention of the Board, such request shall be addressed to the Superintendent. The Superintendent shall present such matter to the Board.
The District Clerk shall notify the members of the Board in advance of each regular meeting. Such notice, in writing, shall include an agenda and the time of the meeting.
In the event that a meeting date falls on a legal holiday, interferes with other area meetings, or there is an inability to attend the meeting by Board members to the extent that a quorum would not be present, the Board shall select a date for a postponed meeting at the previous regular meeting, and shall direct the District Clerk to notify all members.
Any meeting of the Board may be adjourned to a given future date and hour if voted by a majority of the Board present.
The Superintendent and members of his/her staff at the Superintendent's discretion shall attend all meetings of the Board. The Superintendent shall attend all executive session meetings of the Board except those that concern his/her evaluation, employment status, and salary determination. The Board may request the attendance of such additional persons as it desires. At its discretion, the Board may invite visitors to its meetings to participate in the Board's discussion of matters on the agenda.
Recordings of Meetings
The Board recognizes that advances in technology allow public meetings to be photographed, broadcast, webcast, and/or otherwise recorded, by means of audio or video, in a non-disruptive manner and supports the use of such technology to facilitate the open communication of public business. To that end, the Board may adopt rules addressing the location of the equipment and/or personnel used to photograph, broadcast, webcast, and/or record such meetings to assure that its proceedings are conducted in an orderly manner. Such rules shall be conspicuously posted during meetings and written copies provided, upon request, to meeting attendees.
Public Comment at Meetings
The Board welcomes public comment and shall set aside a specific portion of its agenda for such comment; provided, however, the President may, at his/her discretion, dispense with the public comment period to enable the Board to address other business as appropriate. Members of the public wishing to speak shall have the privilege of the floor for a maximum of five (5) minutes, and shall address their comments to the President. Responses to specific questions shall be provided in a timely fashion by appropriate District personnel.
No person may initiate complaints against specific individuals or challenge instructional materials at a Board meeting. Any complaints regarding an employee, a student, or instructional materials, shall be referred to the Superintendent.
Quorum
The quorum for any meeting shall be four (4) members. No formal action shall be taken at any Board meeting at which a quorum is not present. When only a quorum exists, the Board shall act by unanimous vote unless otherwise required by the laws of the State of New York.
Use of Parliamentary Procedure
The business of the Board shall be conducted in accordance with the authoritative principles of parliamentary procedure as found in the latest edition of Robert's Rules of Order.
Policy References:
Public Officers Law Article 7, Section 103(d), 104, and 107 Education Law Section 1708 and 2504 General Construction Law Section 41
Last Reviewed Date: 5/18/2021
Adoption Date: 7/19/1994
Revision History: 6/20/2000; 1/23/18; 5/18/21
Special meetings of the Board of Education shall be held on call by any member of the Board. A reasonable and good faith effort shall be made by the Superintendent of Schools or the Board President, as the case may be, to give every member of the Board twenty-four hours’ notice of the time, place and purpose of the meeting. All special meetings shall be held at a regular meeting place of the Board and/or in accordance with provisions of the Open Meetings Law as may be applicable.
In an emergency, the twenty-four-hour notice may be waived by having each Board member sign a waiver-of-notice form.
Public notice of the time and place shall be given, to the extent practicable, to the news media and shall be conspicuously posted in one or more designated public locations at a reasonable time prior to the meeting.
Policy References:
Public Officers Law Sections 103 and 104
Last Reviewed Date: 6/15/2021
Adoption Date: 7/19/1994
Revision History: 6/20/2000; 1/23/18; 6/15/21
Pursuant to law, the Annual District Meeting and Election/Budget Vote for the Brockport Central School District will be held on the third Tuesday in May. At this time, the District's qualified voters will elect members of the Board of Education and vote on the District Budget and any other propositions that may be proposed by the Board of Education. However, if the third Tuesday in May conflicts with a religious holiday, the Board may petition the Commissioner of Education to obtain permission to hold the Annual Meeting and Election/Budget Vote on the second Tuesday in May. Such a request from the Board must be certified and received by the Commissioner no later than March 1.
If a budget revote is necessary, it shall be held on the third Tuesday of June. However, if the third Tuesday of June conflicts with a religious holiday, the Board may petition the Commissioner of Education to obtain permission to hold the budget revote on the second Tuesday in June. Such request from the Board must be certified and received by the Commissioner no later than March 1.
The District Clerk shall give notice of the time and place of holding the Annual Meeting and Election/Budget Vote by publishing such notice four times within seven weeks preceding the meeting. The first publication of the notice must be at least forty-five days prior to the meeting. Such notice must appear in two, if there are two, newspapers which have a general circulation within the District, or one newspaper, if there is one newspaper with a general circulation within the District. The notice shall also contain such other information as required by law.
Copies of the proposed annual operating budget for the succeeding year to be voted upon at the Annual Meeting and Election/Budget Vote shall be available to District residents, on request, in each District school building during certain designated hours on each day other than a Saturday, Sunday or holiday during the fourteen days preceding such Annual Meeting. The availability of this budget information shall be included in a legal notice of the Annual Meeting, and such copies of the proposed budget will also be available to District residents at the time of the Annual Meeting and Election/Budget Vote.
Policy References:
Education Law Sections 1608, 1716, 1804(4), 1906(1), 2003(1), 2004(1), 2017(5), 2017(6), 2022(1), 2504 and 2601-a(2)
Last Reviewed Date: 6/15/2021
Adoption Date: 7/19/1994
Revision History: 6/20/2000; 1/23/18; 6/15/21
The Board of Education will appoint, at a prior regular or special meeting, a qualified voter as chairperson of the Annual District Meeting and Election/Budget Vote.
The chairperson will call the Annual District Meeting to order and proceed to the following order of business:
Policy References:
Education Law Sections 1716 and 2025
Last Reviewed Date: 6/15/2021
Adoption Date: 7/19/1994
Revision History: 6/20/2000; 1/23/18; 6/15/21
The Annual Reorganizational Meeting of the Board of Education shall be held on the first Tuesday in July of each year, unless that day is a legal holiday, in which event it shall be held on the first Wednesday in July.
The Board may pass a resolution, however, to hold its Annual Reorganizational Meeting at any time during the first fifteen days of July.
After the election of a temporary chairperson, the Board shall elect a President and Vice President who shall assume office immediately after the administration of the oath of office by the District Clerk.
Policy References:
Education Law Section 1707
Last Reviewed Date: 6/15/2021
Adoption Date: 7/19/1994
Revision History: 6/20/2000; 1/23/18; 6/15/21
Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the area or areas of the subject or subjects to be considered, the Board of Education may conduct an executive session for discussion for purposes outlined in §105 of the New York Public Officers Law , provided, however, that no action by formal vote shall be taken except on a 3020-a probable cause finding. For all other purposes, the action by formal vote shall be taken in open meeting and properly recorded in the minutes of the meeting.
Policy References:
Public Officers Law Article 7 Education Law Section 3020-a