xt7qnk364d8m https://exploreuk.uky.edu/dips/xt7qnk364d8m/data/mets.xml Kentucky. Department of Education. Kentucky Kentucky. Department of Education. 1943-02 bulletins English Frankford, Ky. : Dept. of Education This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Educational Bulletin (Frankfort, Ky.) Education -- Kentucky Educational Bulletin (Frankfort, Ky.), "Rules and Regulations for Boards of Education", vol. X, no. 12, February 1943 text
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iRULES AND REGULATIONS

FOR
iBOARDS OF EDUCATION

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Published by

'RTMENT OF EDUCATION
JOHN W. BROOKER
upe‘rintendent of Public Instruction

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(1105-1 Li‘f'll’r’?"

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ISSUED MONTHLY

Entered as second- class matter March 21, 1933, at the post office at
Frankfort, Kentucky, under the Act of August 24,1912.

iVoLX o February, 1943 o No.12

FOREWORD

Section 160.290, Kentucky Revised'Statutes, requires that boards
of education shall make and adopt rules, regulations and bylaws
for their meetings for the government, regulation and management
of the public schools and for the qualiﬁcations and employment of
teachers and'conduct of pupils under their jurisdiction.

The information contained in this bulletin provides ready
reference to the many scattered sections of the law affecting the
authority and duties of boards of education. It makes suggestions
for and gives examples of regulations which will meet the needs of
most boards of education. Because of the many requests which this
department has received for information similar to that contained
herein, I am requesting that it be published as a bulletin of the
Department of Education. It has been prepared by Gordie Young,
Assistant Superintendent of Public Instruction.

On request the Department will endeavor to make available the
services of members of its staff to superintendents and boards of
education who are adopting or revising bylaws, rules and regulations.
If you have not brought to date the statute references for your rules

and regulations, I suggest that you do so after you have read this ‘

publication. It should be placed in your ready-reference ﬁle for any
future need.

JOHN W. BROOKER
Superintendent of Public Instruction

1270

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INTRODUCTION

The General Assembly of Kentucky has recognized the necessity
tboards of education to have authority to adapt the school laws to
:eneeds of the varying conditions which exist in the clﬂ-‘erent school
jstricts of the Commonwealth. It has provided for meeting this
ad by requiring that boards of education adopt bylaws and/or rules
id regulations for their meetings and proceedings, for the govern-
;ent, regulation and management of the public schools under their
risdiction and for the performance of the duties of all persons
tployed in public school service in the districts of their jurisdiction.

KRS 160.290 provides in (2), “Each board shall make and adopt,
and may amend or repeal rules, regulations and bylaws for its meet-
ings and proceedings for the government, regulation and management
of the public schools and school property of the district, for the
transaction of its business, and for the qualiﬁcation and employment
of teachers and the conduct of pupils. The rules, regulations, and
bylaws heretofore made by any governing body of a school district,
or hereafter made by a board of education, shall be consistent with
the general school laws of the state and shall be binding on the board
of education and parties dealing with it until amended or repealed
by an affirmative vote of three members of the board. The rules,
regulations and bylaws shall be spread on the minutes of the board
and be open to the public.”

KRS 161.140 provides that, “Each board of education shall pre-
scribe the duties to be performed by all persons in public school
service in the district.”

In order to put into proper effect the intention of these Statutes,
'iS necessary for those who formulate bylaws and/or rules and

."gulations to understand the proper organization and function of

tal'ds of education as well as the fundamental principles of school
iministration.

Part I of this statement concerning rules and regulations presents
the principles of school organization and administration. Part II
ﬁves school laws atfecting regulations and suggests content for, or
rﬂeedure in, making rules and regulations.

The purpose of the information contained herein is to furnish
J1001 administrators and boards suggestions which will aid them in
iking bylaws and/or rules and regulations suited to the conditions
lder which they work. The information presented is based upon

1271

1
rules and regulations which are now in operation in many parts 'of l
the state, as well as on an article prepared on this subject by Otis 0_ !
Amis and published by the Department of Education in the Depart ‘
ment Bulletin of August 1934.

- - . . . ‘1 Principles .
The writer des1res to express his appreciation to members of the Duties of

Staﬁ of the Department of Educatmn for their assistance in the '1 A- Board
preparatlon of thls statement of rules and regulations and to D. Y. B $.9ch:
Dunn, Superintendent of the Schools of Fayette County and C. D. g 532:;
Bedding, Superlntendent of the Schools of Frankfort, Kentucky, for E Board
readlng the manuscript and oﬁering helpful suggestions. 11 Laws Rul(
A. Regulz
1. T3

2. N:

3. B(

4. Ti

5. N1

6. A

7. A]

8. Se

9. V:

B. Regul:
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2. G

3. O

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C. Regul
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3. 13

4. P

5. I

6. I

7. I

8. 'l

9. I

1272

1
s of .
s 0. 1
)art. CONTENTS
Page
1 Principles of School Organization and Administration Involving
ﬂu Duﬁes of the .......................................................................................... 1275
tm A, B0ard<ﬁ Educaﬁon ............................................ "_1275
Y B Secretary ofthe Board.w. m 1276
' ‘ C Treasurer ofthe Board ................ u_1276
'D' D. Supernnendent of Schook ............ "_1276
for E Board and the Superintendent ...................................................... 1277
11 Laws Rules and Regulations ................................................................ 1278
A. Regulations GOVe1ning the Oiganization of the B0a1d. 1278
1 Types of o1ganizaﬁon ............................................... .n 1278
2. Name of the board ________ .. 1280
3. Boundary of dmtﬁct .............. n 1280
4. Time and place of meeting _. _. 1280
5. PJurnber of n1eeth1gs .................... 1280
6. Attendance at meetings ........... 1280
7. Annual meetings ........................................ 1281
8. Sec1eta1y ofthe boa1d of education ...... 1281
9. Vacancux n1the boa1d .................................................. 1281
B. Regulations Governing the Procedure of the Board ...... 1282
. General functions of the board __________________________________ 1282
a. General cont1ol and management .................................. 1282
b. Adopting and amending rules and regulations and
bylaws .................................................................................... 1282 1
2. General policies of the board ..... 1. 1282
3. Order of business ...................................................................... 1283
4. Relationship of board to superintendent, principals,
and other eniployees .............................................................. 1283
a. To superhﬁendent ..... _ 1283
b. To prnunpal ............ 1283
c. To teachers ........................ ..1284
d. To other staff employees ........................ __ 1284
C. Regulations for Conducting Business Affairs 1284
1. The school budget .......................................... 1284
a. Form of budget ..... .1 1284
b. Preparing budget .......................................................... 1284
c. Levy, maximum and minimum, and subdistric _ 1285
2. Collecting taxes ..................................................................... 1285
a Collector _____________________ 1285
b Specialtax coHector ..1286
c. Treasurer .................. u 1286
d. Deposﬁory _____________ ..1286
e. Delinquent taxes . ...... 1286
f Speckﬂ funds ........................................... 1286
3. Borrowing and use of school money ..... 1287
a. Current expenses ..................................... 1287
b. Bond Esues ................... 1287
4. Procedure hirnaking purchases. ..... 1287
a. Iteal estate ...................................................................
b. New buildings, repairs, supplies and materials.
c. Minor repairs, supplies and equipment ...................... 1288
(:1. Standards for evaluating and awarding contracts ...... 1288
5. Procedure in paying clauns .................................................. 1288
6. Responsibility for ﬁnancial accounting . ..... 1289
7. Publishing an annual statement .................. 1289
8. Tuition rate for pupils .......................... 1290 g
9. Eligibility for tuition .............................................................. 1290 1

1273

CONTENTS—Continued

a. Supei intendent rrrrrrr .
b. Teaching personnel ....................... . 1291

.1291 111111170RMAT
' l

2. Qualiﬁcations for various positions .
3. Physical ﬁtness ........................................ 1293
4. The teachers’ contracts _ 1293 REG
5. Absence from duty ______________________ 1293
6. Provision for salary payments .. 1293
7. Professional advancement ........................... . 1294
8. Provision for visiting day, ﬁeld trips, etc. _ , 1294 Some 131-11
9. Jury service ................................................................... . 1294
E. Rules Respecting Personnel Other Than Professional . 1294 The sum
%‘ éltgfﬁdance Ofﬁce" -------------------------------------------------------- ﬁg: careful plan
3: lgusmeSsdnector 1295 ‘1esp011sible 1‘
4. anitors ........................ 1295 . . ..
_5. Other employees ______________________________________________________________________ 1295 $110011 E???
F. Regulations Respecting Pupil Personnel ____________________________________ 1295 ormu a er
1. School census and attendance ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1295 hyboards 0f
2. Limitations on entrance to school and employment of
childi en ______________________________________________________________________________________ 1296 are based up
3, Suspension and expulsion of pupils
4. Care of handicapped children ________________________________________________ 1298 . 1~ BY 11
G. Regulations in Regard to Transportation of School Children 1299 . boart
1. Who shall be transported ...................................................... 1299 3 2- By h‘
2. Laws governing school transportation .. ..... 1300 istrai
, a. Passing stopped school buses ......................... 1300 . 3 With
‘1: b. School buses stop at 1ailioad crossings .. ..... 1300 ' _ . ,
" c. Tolls flee to school children .......................................... 1300 lnltlé
d. 1School buses exempted £10111 mot01 transportation 1300
‘2 3W5 . Based u
":1; e. Age for school bus driveis * ‘h . _.
3. Standards fo1 school buses ____________________________________________________ 1300 jl 6 ”1110113 ‘
ll 4. Regulations for operation and maintenance of school 1301 and board 111
1 21 buses ...................................................
1 i 5. School bus insurance .................... 1301 .
’ 1 6. Management of transportation ..... 1301 1‘ Duties (
I: a. Maintenance of schedules ............. 1301
l . b. Rate of speed f01 school buses ..... 1301 1- T0 3‘
i c. Responsibility and authority in 1ega1d to pupils ...... 1301 2. To 63
d. Caie of the vehicles of ti ansp01tat10n ............... 1301tive
e. Conduct of the driver while on duty ......................... 1301 3 To h
H. Regulations Goveining Management of School Property... 1302 '
1. Authority of boards of education concerning school nece.
E 3 prope1ty _____ 1302 boari
t 11 2. Use of school p1 opeI ty by other organizations 1303 4. To r1
_' i1 3. Upkeep of buildings and g1 ounds ..................................... 1303 5 To p
.g 4. Acquiring new p1 Opel ty and disposmg of old property 1303 ' _
1| 5 Willfully damaging, stealing f1 om 01 trespass on public to.

.. buildings .................................................................................... 1304 a. R
.i 1. Miscellaneous Rules and Regulations . 130: b Q
:1 1. Redress of grievances ............................. 1304 ' S
i 1 2. School services district shall provide... 1304 C~
1 3 Legal holidays .......................................................... 1335 d. r
H 4 Common school deﬁned and length of its term 1305 e. E
‘l 5 Disease and epidemics ........................................... 13 f. C
,1 J. School—Board Member’s‘Creed ____________________________________________________ 1306 g. s
‘ E III Trends in Salaries of Superintendents ................................................ 1308 h- F

1274

Page ,

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INFORMATION ON AND SUGGESTIONS FOR RULES AND
REGULATIONS OF BOARDS OF EDUCATION

I
Some Principles of School Organization and Administration

The successful management of any enterprise requires not only
careful planning" but a deﬁnite procedure on the part of those
responsible for the operation of the enterprise. The principles of
school organization and administration listed below have been
formulated by authorities in this ﬁeld and have been put into practice
by boards of education in the better school systems. These principles
are based upon the belief that most efﬁcient results can be obtained:

1. By making the superintendent the chief executive officer of the
board with broad powers

2. By holding him responsible for results in organization and admin—
istration of the school system

3. With an understanding that proposed new policies are to be
initiated and presented to the board by him.

Based upon this idea, the duties of the board of education and
the various ofﬁcials who work in connection with. the superintendent
and board may be outlined as follows:

i. Duties of the Board of Education

1. To adopt policies for the administration of the school system

2. To elect a qualiﬁed superintendent who shall be the chief execu—
tive oﬁicer of the board

3. To hold regular meetings and such special meetings as may be
necessary for the proper conduct of the business affairs of the
board

4. To require periodic reports from the superintendent and treasurer

5. To pasg on the recommendations of the superintendent in regard
to:

Rules and regulations
Qualiﬁcations of employees
Selection of employees
Financial program
Building program
Curriculum

Selection of textbooks
Health and sanitation

P‘E'Qr-bE'DFLPO‘?’

1275

1. 2.

i.
j.
k.
1.

B. Duties of the Secretary of the Board

Transportation

Libraries

Establishing school centers

Selection of architect and plan of school building construction

keep an accurate record of the board in regard to policies and

proceedings

C. Duties of the Treasurer of the Board
1.

To be responsible for all the monies belonging to the school
system

keep an accurate record of receipts and disbursements of such

money

prepare periodic reports to the board to education and ﬁnancial

statements

.To

give an acceptable bond for protection of the funds

D. Duties of the Superintendent of Schools

i‘ 1. To be responsible for the entire school program

To serve as the chief executive officer of the board of educa-
tion in its conduct of the schools and of other agencies and
activities under its control

To attend all meetings of the board and of its committees
and to exercise the right to speak on all matters before the
board or committees but Without vote

To nominate, as needed, assistant superintendents, business
managers, supervisors, principals, teachers, custodians, and
all other employees authorized by the board of education
To suspend and recommend for discharge any employee Whose
services are so unsatisfactory as to warrant such action,
subject to approval by the board

To determine the boundaries of school attendance districts,
subject to the approval of the board

To make monthly and annual reports to the board of the
conditions and needs of the schools

To prepare for the approval of the board, bylaws, rules, and
regulations, needed for the direction and control of the schools

be responsible for the selection and care of equipment

To approve and direct all purchases and expenditures withln
the limits of the detailed budget approved by the board and
to make monthly reports of such expenditures to the board
To grant the use of schoolrooms, auditoriums, and gymna-
siums, for such community purposes and under such terms as
the school board may establish

1276

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To be responsible for the curriculum

a. To select, after conferring with supervisors, principles, teach-
ers, and such other persons as the superintendent may desig—
nate, textbooks and all other supplies and appliances needed
for instruction and the activities of the school or other
agencies under the control of the board

To be responsible for the instruction program

a. To prepare or have prepared for his approval the content of
each course of study authorized by the board of education

b. To direct the supervision of the elementary and high schools,
of all special schools, and of all extracurriclar activities

c. To assign principals, custodian, and other employees to the
schools, and teachers to schools and grades, and to transfer
them according to the needs of the service

To be responsible for the preparation of the budget and for ﬁnan-

cial accounting

a. To prepare, or to have prepared for his inspection, the school
budget Showing in detail the amount of funds necessary to
meet the estimated needs for the ensuing year and submit it
to the board for consideration and action

To be responsible for the housing needs

a. To have general supervision of the operation and main—
tenance of the school plant and equipment and the purchase
and storage and distribution of textbooks and other supplies

b. To keep the board informed as to school building needs and
to recommend school sites and plans for new buildings and
for alterations of old buildings

To be responsible for the research program

To be responsible for the transportation of pupils

To be responsible for the health and sanitation program in the
school

To present to the board information concerning the formulation
of board policies

E. Duties of the Board and Superintendent

To keep the public informed as to the policies and merits of the
school

To give to the pupils as nearly as possible adequate and desirable
school service

1277

Laws Concerning and Suggestions for Rules and Regulations
for Boards of Education in Kentucky

Below are listed suggested rules and regulations. It is believed
they will aid boards of education in meeting the requirements of the
Legislature when making and adopting rules and regulations govern-
ing actions of the board and the operation of schools under their
charge.

The Kentucky Revised Statutes are quoted in each point of the
outline that is covered bythe law. “There it is possible to do so,
there is stated a rule or regulation that is generally applicable.
In some instances, rules and regulations are given as an example
where no general rule is applicable.

Regulations should be made by the local board where the laws
and rules and regulations of the State Board of Education are not
sufﬁciently detailed to meet board’s needs for putting into operation
laws or the regulations of the State Board of Education.

A. Regulations Governing the Organization of the Board

1. Types of organization

The present day superintendent of schools is employed to be
the chief executive officer of the schools. As such, the board
holds him responsible for the efficient administration of schools
of the district in both educational and business matters. This
plan of organization has proven much superior to the old idea 0f
limiting the superintendent strictly to instructional matters.
In such an organization, the clerk or secretary is the coordinat-
ing officer and is responsible entirely to the board. In such 'an
organization, the superintendent has little or no jurisdictlon
whatever over business affairs. As a result, the success of both
branches of the administrative setup is jeopardized. A typical
dual type or organization is illustrated below.

1278

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Board of Education

l
Secretary of the Board in Superintendent of Schools
Charge of Records, in Charge of Educational
Business Affairs Affairs
Accountants an (1 Building Superin- Assistant Superin-
Clerks in Charge of tendent, Janitors. tendents, S u p e r-
Accounts and Purchasing Agent, Visors. Principals.

Records Service Employees Teachers

Undesirable dual type of organization

This type of organization produces coordinate officers that
have difficulty in cooperating. The ultimate end of schools, in
most cases, is readily lost and the work of purchasing agent,
janitors, and service employees, under the direct control of the
clerk of the board, becomes an end in itself. Where such a dual
system of organization is being practiced, it is difficult to place
responsibility.

The diagram below illustrates a simple unit type of organ-
ization that is proving more satisfactory and being practiced
generally.

Board of Education

Superintendent of Schools

PL 3' .. ‘ .
J “me“ ‘Pitelp‘ntment Educational‘ Department
Assistan q " g _- . ' '
SecreEm-yk Spetlﬁgtggifiﬁt of lg Ass1stant Superintendents,
Education and Business Superwsors. Princmals. and
Blanager Teachers

Desirable type of unit organization

This type of organization provides greater efficiency to the school
system as a whole. This unit plan is suitable to a school district
of any size. It operates most effectively where the school district
itself is relatively large in size. In the very small districts the

1279

superintendent may, and frequently does, act as clerk of the
board and assumes the responsibility for record keeping and
business management as well as for educational administration.
In somewhat larger districts the secretary to the superintendent
may assume the duties of the clerk of the board. The plan of
having a competent business agent, as previously discussed,
immediately responsible to the superintendent, and the superin-
tendent responsible to the board, is perfectly feasible. This
unit plan for small communities is easily adaptable and can be
made to care for vast business of. the largest and most complex
school district program.

Name of the board

Section 160.160 KRS provides that each school district shall
be under the management and control of a board of education,
consisting of ﬁve members, to be known as the “Board of Educa-
tion of (Insert name of county or independent district),
Kentucky.”

Boundary of District
(Write boundary if independent district.)

Time and place of meeting

The board of education of (name of county or independent
district), Kentucky shall hold its regular meetings on (State date
and day and hour) in (State place).

Number of meetings

Section 160.270 KRS provides, “Each board of education shall
hold at least one regular meeting each month, at a time and
place ﬁxed by the board. Special meetings may be called by the
chairman. On request of three members of the board the secre—
tary shall call a special meeting. Each member of the board
shall have timely notice of each meeting and the nature, object,
and purpose for which it is called.”

In the case of Brown v. Turman, 264 Ky. 407, the Court said
all members must have legal notice of meeting 0f board of edu-
cation. Electing a superintendent under conditions cited in this
case held illegal.

Attendance at meetings

Section 160.270 KRS provides, “Any board member failing to
attend three consecutive regular meetings, unless excused by the
board for reason satisfactory to it, shall be deemed to have
vacated his office. A majority of the board shall constitute a
quorum for the transaction of business.” ‘

The following regulation might be added as further guidance
in board meetings: No member shall leave the meeting without
the consent of the presiding Officer. At called meetings no buSI-

gness shall be transacted except that speciﬁed in the call.

In the case of Board of Education of Wurtland Indepﬁl'ldent

1280

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School District, et al. v. Stevens, et al., 261 Ky. 475, the Court
said that the office of member missing three consecutive meetings
was not vacant unless action of the board so declares.

In the case of Baisden v. Floyd County Board of Education,
et al., 270 Ky. 839, the Court said where board member was
absent from one meeting and from the next two because of
board’s failure to inform him of change in time of holding meet-
ing of board, although he made trips to town for the purpose of
attending meeting, board’s removal of such member was arbi-
trary and improper.

. Annual meetings

Kentucky Revised Statutes do not provide for what is some-
time known as an annual organization meeting of the board. It is
suggested that the board should adopt rules and regulations as' to
an annual or biennial meeting. This meeting might be held the
ﬁrst Monday in January when the new officers take their office or
at the ﬁrst regular meeting day in January, as provided by the
board’s rules and regulations.

The board shall determine whether the chairman and vice-
chairman will be elected annually or biennially. The chairman
and vice—chairman must be selected from the membership of the
board 01' education.

Newly elected members of the board of education should
take the constitutional oath and the oath required by Section
160.170 KRS on or before the ﬁrst Monday in January following
their election.

Secretary of the Board of Education

Section 160.440 KRS provides that the board shall appoint
a secretary for one, two, three or four years. The secretary shall
not be a member of the board. The superintendent may be
appointed as secretary. The board of education may ﬁx a
reasonable salary for the secretary.

He shall keep the records of the board and perform duties
imposed by the board. All orders of the board shall be signed
by the secretary and countersigned by the chairman. The secre-
tary shall be the custodian of securities, documents, title papers
and other papers of the board, as the board may direct. The
secretary shall make available to the superintendent all records
of the board and shall furnish him such information as is shown
in the records at any time upon the request of the superintendent.

Board of education of an independent school district embrac-
ing a city of the ﬁrst or second class may appoint its business
manager or assistant superintendent of schools in charge of
business affairs as secretary.

. Vacancies

Section 160.190 KRS provides that in case of a vacancy in
membership of a board of education for an unexplred term, It

1281

shall be ﬁlled by the other members of the board within 90 days
after the vacancy occurs. If the vacancy is not ﬁlled by the
other members of the board of education within 90 days, it
should be ﬁlled by the State Board of Education within 30 days
after information ﬁled by any citizen of the district that the
vacancy has not been ﬁlled for more than 90 days. The person
selected to ﬁll such a vacancy shall hold office for the unexpired
term of the person whose vacancy he ﬁlls and until his successor
is elected and qualiﬁed. The member should be inducted into
oﬁice at the next regular or called meeting after his appointment.
He should take the constitutional oath and the oath as required
by section 160.170 KRS on or before he takes office

B. Regulations Governing the Procedure of the Board

1. General functions of the board

Section 160.290 KRS lists the general. powers and duties of
boards of education under two main headings. -

a. General control and management. Under this authority
boards shall exercise generally all powers in the administra-
tion of the public school system, appoint such officers, agents
and employees as they deem necessary and proper, prescribe
the duties and ﬁx the compensation and term of office.

b. Make, adopt and amend rules and regulations and bylaws.
Under this authority, boards of education may make, adopt or
repeal rules or regulations and bylaws for their meetings and
proceedings for the government, regulation and management
of the public schools and the school property of the district,
for the transaction of their business and for the qualiﬁcation
and employment of teachers and the conduct of pupils.

2. General policies of the board

It should be the general policy of the board in carrying out
the general powers and duties outlined above to do so in con-
nection with the provisions of Sections 160.370 and 160.380 KRS,
which make the superintendent the legal executive agent of the
board. Boards of education should recognize their relationship
with the chief executive officer for the proper functioning of the
school system. They should go about the selection of the super-
intendent of schools in a businesslike and professional manner.

, The board should recognize that the most efficient results can be

obtained by making the superintendent in fact the chief execu-
tive officer of the board and holding him reSponsible for results
in the organization and administration of the school system. It
should not overlook the fact that its rules and regulations and
bylaws are as binding on the board as on other bodies dealing
with the board until amended or repealed by an affirmative vote
of three members of the board.

A regulation consistent with this plan of procedure might be '

as follows:

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It shall be the general policy of this board to consider:

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Members of the board as individuals who have no authority
except when in a legal meeting

That the board can act only at authorized meetings when duly
held

That authority is vested not in a designated number of per—
sons but in the board as a unit,

That its decisions shall be made as a result of conferences and
deliberations in which individual viewpoints are made a group
decision

That each member shall face all school problems with an open
mind and with an honest desire to arrive at the best possible
solution of the problem before him

It shall delegate only its administrative and ministerial func-
tions to the superintendent

It shall reserve its legislative and judicial functions to itself,
which may be exercised only in legal meetings

. A decision of the majority of the board as a decision of the

board

That it shall eliminate friction in the board meetings by al-
lowing freedom of participation in