Lewisburg Area School District Policies	Printable version
004 Membership 004. MEMBERSHIP Section 1: Composition The Board shall consist of nine (9) elected or appointed voting Directors. The Superintendent shall have a seat on the Board and the right to speak on all matters, but not the right to vote. Section 2: Qualifications Each Director shall meet the following qualifications: a. Be of good moral character, be at least eighteen (18) years of age, have been a resident of the district for at least one (1) year prior to the date of his/her election or appointment, and not be a holder of any office or position as specified in Section 322 of the School Code; nor shall the individual be a member of the municipal council. b. S/He shall not have been removed from any office of trust under federal, state or local laws for any malfeasance in such office. c. Except as provided by law, s/he shall not be engaged in a business transaction with the district, be employed by the district, nor receive pay for services rendered to the district during the time of his/her term of office. d. S/He shall, before entering the duties of the office, take and subscribe to an oath of office. e. S/He shall file a statement of financial interests with the State Ethics Commission before taking the oath of office or entering upon his/her duties at the following times: 1. Before taking the oath of office or entering upon his/her duties. 2. Annually by May 1 while serving on the Board. 3. By May 1 of the year after leaving the Board. Section 3: Election Directors shall be elected at large from the district in accordance with law. Section 4: Vacancies A Board vacancy shall occur by reason of a Director's death, resignation, removal from the district, removal by the Board, or removal by the Court of Common Pleas for Union County. The Board shall acknowledge (Bylaw 004: Membership, Section 7: Removal) or declare (Bylaw 006: Meetings, Section 10: Voting, item C, numbers 22 and 23) that a vacancy exists. A declaration requires that affirmative roll call vote of five (5) Directors. An acknowledgement does not require any vote. The search process for filling a Board acknowledged or declared vacancy shall be according to the following: A notice, requesting that interested qualified persons (Bylaw 004: Membership, Section 2: Qualifications) submit a letter of interest to the Board, c/o the Board Secretary at the official address of the Board, shall be advertised in local newspapers which have circulation in the district. The letter of interest shall list a qualified person's qualifications and reason(s) for wanting to serve on the Board. The deadline for submitting the above letter to the Board shall be specified in the advertisement and shall be determined by a majority vote of the remaining Directors. An existing Director may submit a letter of interest but must resign from the Board before s/he may be appointed to fill a vacancy. Each qualified person who has submitted a letter of interest shall be offered an interview with the Board in an open public Board meeting within ten (10) days after the deadline specified in the above advertisement. If an interested qualified person is not available on the day of his/her scheduled interview because of sickness, absence from the district, or other valid reason(s), s/he shall state in his/her letter of interest or shall notify the Board Secretary of the reason(s) for his/her nonavailability. The Board shall offer such individual another interview time. By a majority vote of the remaining Directors, the Board shall appoint, within thirty (30) days of the occurrence of the vacancy, a qualified person who shall serve from the effective date of his/her appointment until the first Monday in December after the first municipal election occurring more than sixty (60) days after the vacancy shall have occurred. The appointment shall become effective immediately. If the Board fails to appoint a qualified person within thirty (30) days of the vacancy, ten (10) resident taxpayers can petition the Court of Common Pleas for Union County to appoint a qualified person. However, the Board shall retain its authority to appoint a qualified person after the thirty (30) day period until such time as a taxpayer petition is filed with the Court. At a regular or special Board meeting, an agenda item shall be the appointment of a qualified individual to fill the vacated position. At such meeting, a first ballot, listing by alphabetical order all qualified individuals who applied and who were interviewed, shall be distributed to all remaining Directors in attendance at such meeting. The ballot shall contain a signature line for a Director to sign his/her ballot. On this first ballot each Director may place a number beside each applicant's name or abstain from voting. The number one (1) shall be placed beside each Director's most desired applicant, the number two (2) placed beside each Director's second most desired applicant, and so on. The Board Secretary shall then tally the results. If on this first ballot, an applicant receives the required number (i.e. a majority of the remaining Directors) of number one (1) votes, s/he will be considered to have been appointed to fill the vacated position. If on the first ballot no applicant receives the required number of number one (1) votes, the applicants with the two (2) lowest vote totals (i.e. sum of the votes) will then be entered on a subsequent ballot as if they were the only two (2) applicants. If two (2) or more applicants tie for the second lowest vote total, the procedure will be as follows. Applicants with the lowest vote total, or if only one (1) applicant has the lowest vote total, then applicants with the lowest and second lowest vote totals, will be listed on a subsequent ballot. On a subsequent ballot, each Director shall vote for just one of the applicants or abstain. The two (2) applicants with the highest and second highest number of votes will be listed on a subsequent ballot for another round of voting. This process shall continue for three (3) rounds. Each ballot shall contain a signature line for a Director to sign his/her ballot. If in any round of subsequent balloting, an applicant receives the required number of votes (i.e. a majority of the remaining Directors), s/he will be considered to have been appointed to fill the vacated position. A "failed" search will be declared if three (3) consecutive rounds of subsequent balloting fail to produce a winner. In the event of a "failed" search or no such letters are received, another qualified person who is willing to serve as a Director may be appointed by a majority of the remaining Directors. Any successful appointee shall, before s/he assumes the duties of the office, take and subscribe to an oath of office. A temporary Board vacancy shall occur whenever a Director enlists or is inducted into the uniform services during wartime. A qualified person shall be appointed according to the process outlined above. Any appointee shall serve until the Director returns the Director's term expires, whichever comes first. For any Court-declared vacancy or when a majority or all of the memberships are vacant, such vacancies shall be filled by the Court of Common Pleas for Union County. Any Court appointee shall serve from the effective date of his/her appointment until the first Monday in December after the first municipal election occurring more than sixty (60) days after the vacancy shall have occurred. Section 5: Term The term of office of each Director shall be four (4) years and shall expire on the first Monday of December except that the term of each Director appointed to fill a vacancy shall serve for the remainder of the unexpired term or, if earlier, until the first Monday in December after the first municipal election occurring more than sixty (60) days following his/her appointment. Each Director elected to an unexpired term shall expire at the termination of that term. Section 6: Attendance Directors, unless detained by sickness or prevented by necessary absence from the district, are statutorily obligated to attend regular Board meetings. A Director who does not attend an open public Board meeting shall notify the Board Secretary, either before the Board meeting that is to be missed or by the time that the agenda for the next regular Board meeting is officially published (three (3) days before a regular Board meeting), of the reason(s) for his/her nonattendance. The official minutes for each open public Board meeting shall list the Directors present and not present. Directors listed as not present shall be sub-listed as either excused or unexcused. Directors not present because of sickness or absence from the district shall be sub-listed as excused. Directors not present for other reasons shall be sub-listed as unexcused. A Director who is sub-listed as unexcused can appeal to the Board to be sub-listed as excused. If approved by an affirmative vote of five (5) Directors, the unexcused will be changed to excused. If a Director who is listed as not present/unexcused fails to appeal this listing at a regular Board meeting within thirty (30) days of the missed meeting, the unexcused listing shall become the official recording of the Director's lack of attendance. Section 7: Removal Whenever a Director shall cease to be a resident of the district, his/her membership on the Board shall cease immediately. The removal of a Director who resigns shall become effective upon the presentation of the resignation to the Board President or upon such date specified in the resignation. A Director who neglects or refuses to attend two (2) successive regular meetings, unless detained by sickness or prevented by necessary absence from the district, or if in attendance at any open public Board meeting neglects or refuses to act in his/her official capacity as a Director, or who fails to qualify as a Director within ten (10) days of notification of election or appointment may be removed from his/her office by the affirmative vote of a majority of the remaining Directors. The Court of Common Pleas for Union County, upon petition by ten (10) resident taxpayers of the district, may remove a Director or Directors for neglect of duty. Section 8: Expenses Directors, a non-Director Board Secretary, and Board solicitor(s) shall be reimbursed for the necessary expenses actually incurred as delegates to any State convention or association of Directors held within the State, or for necessary expenses actually incurred in attendance authorized by the Board at any other meeting held within the State, or at an education convention held out-of state. All such expenses shall be itemized and made available for public inspection at the next succeeding regular Board meeting. No Director shall be reimbursed for more than two (2) out-of state meetings in one (1) school year. Such expenses shall be reimbursed only upon presentation of an itemized, verified statement, except that advance payments may be made upon presentation of estimated expenses to be incurred to be followed by a final itemized, verified statement of such expenses actually incurred, and a refund shall be made to the district of such funds remaining, or an additional payment shall be made by the district to meet the verified expenses actually incurred. Board members may receive mileage expenses for travel to and from regular Board meetings if a written request is made and approved. Section 9: Orientation Each new Director shall meet with the Board President and Superintendent, to discuss Board functions, bylaws and policies, and to acquire knowledge of matters related to the operation of the district. Every new Director shall receive for his/her use during his/her term on the Board copies of the following items: a. The School Code. b. The Board Policy Manual. c. The current budget statement, audit report and related fiscal materials. d. Access to district information on comprehensive planning, curriculum, assessments, facilities planning and district programs. e. A copy of the Board’s adopted Code of Conduct and Standards for Effective School Governance. f. Copies of other current planning documents. Section 10: Board Member Education Training The Board encourages attendance and participation in appropriate School Board conferences, workshop, and conventions in accordance with stated guidelines: The Board places a high priority on the importance of a planned and continuing program of inservice education and training for its members. The purpose of the planned program shall be to enhance the quality and effectiveness of the Board’s governance and leadership. The Board, in conjunction with the Superintendent, shall plan specific inservice education programs and activities designed to assist Board members in their efforts to improve their skills as policy-making leaders; expand their knowledge about issues, programs, and initiatives affecting the district’s educational programs and student achievement; and deepen their insights into the nature of leadership, governance and community engagement. a. Each Board member shall receive Board approval prior to attending a conference, workshop or convention at Board expense. b. The requirements regarding reimbursement for Board members for travel expenses shall be strictly enforced, and no payment shall be made until receipts for reimbursable expenses are submitted to the business Manager or designee. Reimbursement shall be limited to actual expenses incurred and shall not include or be construed to include compensation to a Director. c. When a conference, convention, or workshop is not attended by the full Board, those who do attend and/or participate shall be requested to share information, recommendations, and materials acquired at the meeting. d. Reimbursement shall be limited to actual expenses incurred and shall not include or be construed to include compensation to a Director. The Board shall annually budget funds to support its planned program of inservice education and training. The Board establishes the following activities as the basis for its planned program of inservice education and training: a. Participation in School Board conferences, workshops and conventions. b. District-sponsored inservice education and training programs designed to meet Board needs. c. Subscriptions to publications addressed to Board member concerns. d. Maintenance of resources and reference materials accessible to Board members. Section 11: Student Representation The Board authorizes student representation to the Board in order to facilitate effective communication and to provide an opportunity for students to participate in school governance. References: School Code – 24 P.S. Sec. 301, 303, 315, 316, 317, 318, 319, 321, 322, 323, 324, 407, 516, 516.1, 519, 1081 Sunshine Act – 65 Pa. C.S.A. Sec. 701 et seq. Public Officials and Employee Ethics Act – 65 Pa. C.S.A. Sec. 1101 et seq. Removal of Residence; Forfeiture of Office – 65 P.S. Sec. 91 State Ethics Commission Regulations – 51 PA Code Sec. 15.2, 15.3 Board Policy – 004, 006, 331, 901