South Dakota Board of Education Policy
SDBOE Policy
December 1988
Revised: 11/15/04
South Dakota Board of Education--General
1.0 The South Dakota Board of Education (SDCL 1-45-6.1) shall
consist of nine members appointed by the Governor, with the advice and
consent of the Senate, to 4 four year terms expiring on December 31 of
the fourth year. Vacancies arising from reasons other than the natural
expiration of a term shall be filled and served only through the
unexpired portion of the term.
1.1 New Board members shall receive copies of the Board policies,
administrative rules and statutes pertaining to education, minutes for three
preceding meetings, and the current Educational Directory. A tour and
orientation of department facilities shall be arranged at the convenience of the
new Board member(s).
1.2 The Board may maintain membership in the National Association of State
Boards of Education (NASBE). The membership and payment of membership dues shall
be reviewed on an annual basis. Members of the Board are encouraged to attend
the meetings of NASBE as appropriate.
1.3 The law provides for the maximum salary or per diem compensation and
allowable expense reimbursement that may be paid to members of State Board.
(SDCL 4-7-10.4)
1.4 Board members shall be eligible for per diem for all regular board and
other meetings, committee assignments or educational events when representing
the South Dakota Board of Education. The President of the Board must authorize
such assignments and must approve travel reimbursement. All out-of-state travel
requests must be approved in advance by the Secretary of Education. Per diem
payments shall be made as long as budgetary considerations will allow.
Board Officers
2.0 The officers of the State Board shall be the President and Vice
President. The Secretary of Education shall be the executive officer of the
Board.
2.1 At the meeting prior to December 31 of each year, the members of the
Board shall elect from their members a President and Vice President to serve for
a term of one year.
2.2 The Secretary of Education shall chair the meeting during the election of
officers.
2.3 The President shall preside at meetings of the Board. The President shall
supervise all business and affairs of the Board unless otherwise delegated to
another member or members or to personnel in the department. The President shall
sign such instruments as the Board has authorized to be executed and shall
perform all other duties as may be prescribed by the Board.
2.4 The President of the Board or a designee shall be the spokesperson for
the Board. The President may direct the Secretary of Education to issue
information or press releases on behalf of the Board.
2.5 A majority (five) of Board members shall be a quorum for the transaction
of business and assent of a majority of the members of the Board shall be
required to take any official action.
2.6 In the absence of the President, or inability or refusal to act, the Vice
President shall perform the duties of the President, and when so acting shall
have all the powers of the President. In the absence of the President and the
Vice President, the members present shall elect an acting president from the
members present to conduct the meeting. The Secretary of Education shall preside
over the election.
2.7 In the event that an officer cannot serve or is removed from office, the
following actions shall occur to assure continuity of leadership of the Board:
a. In the event of a vacancy in the Board presidency, the Vice President
fills the unexpired term.
b. In the event of a vacancy in the Board vice-presidency, an election is
held at the next meeting of the Board to fill the unexpired term.
c. In the event of vacancies in both the presidency and vice-presidency, the
Board shall elect officers at the next meeting to fill the unexpired terms of
those offices.
d. A two-thirds majority vote of the Board may remove the President, Vice
President, or both from office the office(s) shall be filled in accordance with
the provisions of this section.
Board Meetings
3.0 Meetings of the Board shall be conducted pursuant to Robert's Rules of
Order Revised, the classic 1915 edition, Henry M. Robert (1917). Meetings shall
be held six times per calendar on the third Monday and Tuesday of each meeting
month unless different dates are established by the Board. Special meetings may
be called as needed. All meetings of the Board are open to the public.
a. The President, Vice President, or other such member of the State Board as
may be presiding, may discuss any subject and vote on motions. If the presiding
officer wishes to place a motion, the officer must relinquish the chair to
another member.
b. Every member desiring to speak shall be recognized by the chair before
speaking.
c. A member, once recognized, may not be interrupted while speaking unless it
is to call the member to order. If a member is called to order, that member may
not speak until the question of order is determined; if found to be in order,
the member may proceed.
d. Members may request to have the reason for their votes entered in the
minutes.
e. While the board or one of its committees is in session, the members shall
preserve order and decorum, and no member shall by conversation or otherwise
delay or interrupt the proceedings of the board. The members shall observe the
rules of procedure specified above.
f. The Secretary of Education shall be the parliamentarian.
g. The above procedures shall apply to all committees of the Board.
h. Closed meetings (executive meetings) shall be conducted in accordance with
the provisions of SDCL Chapter 1-25.
3.1 The Board year shall begin January 1 and end on December 31. At the last
meeting of each year, the Board shall schedule six regular Board meetings for
the coming year. At the first meeting of each year, the Board shall organize by
installing officers.
3.2 All official acts of the Board relative to motions or rules shall become
effective at the time of such passage unless otherwise expressly provided
therein.
3.3 The amendment of Board policy requires notice of intent at one meeting
and amendment at the next; an affirmative vote of a minimum of six members is
required to amend a policy at the same meeting the notice is given.
Definitions
4.0 Terms used in this rule mean:
a. “Rule,” a statement of general applicability that implements, interprets,
or prescribes law that has been approved in accordance with the provisions of
the South Dakota Administrative Procedures Act.
b. “Policy,” a statement or Board action, plan, or course of action approved
by the Board giving recommendations to the staff of the department.
c. “Procedure,” method of implementation of policies.
d. “Guidelines,” A written document issued by the department, which provides
local school systems with information and recommendations.
e. “Resolution,” a written statement approved by the Board which expresses
approval of a concept or course or action; its position on an educational topic;
or a thrust of the Board.
f. “Issue paper,” a written statement, accepted by or submitted to the Board,
that provides information relating to a specific subject.
g. “Department,” South Dakota Department of Education.
h. “Member,” South Dakota Board of Education member.
Executive Officer
5.0 The Secretary of Education shall be the executive officer of the Board
and shall keep accurate minutes of all meetings of the Board and maintain all
the records necessary to operate and administer the business of the department.
5.1 The person responsible for the minutes of the Board meetings shall
prepare them in final form within 30 days following a Board meeting and shall
distribute them as directed. All minutes of the Board meetings are public
documents. The minutes may be approved without reading, if the executive officer
has furnished each member with a copy 24 hours prior to the stated business
meeting. The Secretary of Education or a designee shall attest to the minutes as
a record of the Board meeting.
5.2 Notice of all meetings of the Board shall be made by the Secretary of
Education by written notices to the media and to persons who have requested such
information.
5.3 The Secretary of Education or his or her designee shall record all
official actions taken at the meetings of the State Board.
5.4 Special meetings may be called by the president or a majority of the
members (SDCL 1-5-6.2) by notification of the members at least 24 hours prior
for the meeting.
Procedure For Preparing The Agenda For State Board Meetings
6.0 At least 20 days prior to a meeting of the Board, all items for the
agenda, with supplementary material, shall be submitted to the Secretary of
Education.
6.1 Prior to final preparation of the agenda, items for the agenda and the
order of the items on the agenda shall be cleared with the President. The order
of the agenda may be rescheduled or added to by action of the Board.
6.2 At least ten days prior to the date of the meeting, the agenda, with
supplementary material, shall be sent to the members of the Board.
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