000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUE
001 SCHOOL DISTRICT – SCHOOL BOARD LEGAL STATUS & AUTHORITY
The legal basis for education in Tennessee is expressed in the state Constitution and state statutes, as interpreted by the courts. The Sevier County Board of Education is an instrument of the state, and members of the Board are state officers representing local citizens and the state in management of the public schools in Sevier County.
The governing body shall be the Sevier County Board of Education, serving residents within the boundaries of Sevier County and non-residents under conditions specified by law and the Board.
All powers of the Board lie in its actions as a group; therefore, individual board members exercise their authority over system affairs only as they vote to take action at an official meeting of the Board.
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000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUE
002 DUTIES AND POWERS OF THE BOARD OF EDUCATION
It shall be the duty of the Board:
The Board shall have the power:
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000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUE
003 SCHOOL DISTRICT GOALS AND OBJECTIVES
The Sevier County Board of Education is charged, on behalf of the public, with the responsibility for determining the educational goals of the Sevier County School System. In discharging that responsibility, the Board has adopted the following goals in four primary areas: instruction, personnel, students, and operations.
The Board will develop policies to implement the goals with each area and will review these goals and revise them as necessary so that each program will support the stated goals.
Instruction
Students
Personnel
Operations
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000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUE
004 SCHOOL DISTRICT PLANNING
The Sevier County Board of Education will develop comprehensive, long-range plans based on the following:
The superintendent will initiate necessary procedures and measures to implement the long-range plans of the Board.
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000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUE
005 SCHOOL CALENDAR
No later than the end of the school year, the Sevier County Board of Education will adopt, upon the recommendation of the superintendent, an official school calendar for the succeeding school year. The calendar will identify holidays, vacation days, and other days as necessary.
The calendar may be revised by the Board upon recommendation of the superintendent as required. The calendar will adhere to the requirements of state law at the time the calendar is adopted.
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000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUE
006 SCHOOL DAY
Last Updated Date: 08/12/2019
The minimum length of the school day for students will be seven (7) hours total for grades Kindergarten through 12. All teachers shall be on duty at least seven and one-half (7 1/2) hours and such additional time as the administrative organization requires. All principals shall be on duty at least eight (8) hours and such additional time as is needed.
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000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUE
007 EMERGENCY CLOSING
The Sevier County Board of Education authorizes the superintendent to close schools in the event hazardous weather or any other emergency which presents a threat to the safety of students, staff members, or school property.
As soon as the decision to close schools is made, the superintendent will notify the public media and request that announcements be made.
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000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUE
008 EXTENDED SCHOOL DAY/YEAR PROGRAMS
The Sevier County Board of Education authorizes the establishment and operation of Extended School Day/Year Programs in any of its schools to be conducted before and after the regular school day and during summer months and other times when school is not in session. The complete financial burden for the cost of this program must be borne by the families of the students choosing to utilize this service. No tax dollars may be used for this service.
Students in the extended school day/year program must be regularly enrolled in the school system.
The program will be a school based program. Principals may choose to establish such a program if there is sufficient need in the community served by his/her school. Principals will be in charge of the program and must ensure that program meets all standards established by the state and this policy.
Fees collected will be maintained at the school and money, as necessary, forwarded to the Central Office on a timely basis to ensure that personnel working in the program are paid by system check. Other fee collections will be utilized for snacks, equipment, etc. The program will not be utilized to develop general funds for the school.
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000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUE
009 BOARD OPERATION GOALS AND OBJECTIVES
The Sevier County Board of Education has the primary objective of establishing purposes, programs, and procedures which will produce the educational achievement needed by students of the school system. The Board will fulfill these responsibilities by functioning as a legislative body to formulate and adopt policy and by evaluating the results.
In accordance with these principles, the Board will seek to achieve the following goals:
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000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUE
010 METHOD OF ELECTION OF OFFICERS
At the first regular meeting in September of each year, the Sevier County Board of Education will organize by electing a chairperson and a vice chairperson to serve one-year terms or until a successor is named or they are no longer members of the Board. If no officer of the Board is serving at the time of the organizational meeting, any member of the Board may call the meeting to order and preside until a chairperson is elected as the first order of business. If the office of chairperson is vacated prior to the expiration of the annual term, the vice chairperson will assume all responsibilities of the chairperson until a new chairperson is elected.
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000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUE
011 DUTIES OF OFFICERS
The chairperson of the Sevier County Board of Education will have the following duties:
Vice Chairperson
The vice chairperson will assume duties of the chairperson in his/her absence or function as the chairperson until a new chairperson can be elected in the event the chairperson is incapacitated or the office becomes vacant.
Secretary
The superintendent, as the executive officer of the Board, will serve as secretary to the Board. He/she will conduct all correspondence of the Board, keep and preserve all of its records, receive all reports acquired by the Board, and see that such reports are in proper form. He/she has the right to advise on any question under consideration but has no vote.
The Board may assign the keeping of the minutes to another person; however, the responsibility resides with the superintendent.
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000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUE
012 DUTIES OF BOARD MEMBERS
The duties of an individual board member will be as follows:
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000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUE
013 EXECUTIVE COMMITTEE
The chairperson of the Sevier County Board of Education and the superintendent will constitute the executive committee of the Board, with the chairperson of the Board serving as the chairperson of the executive committee. The duties will be:
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000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUE
014 BOARD - COMMUNITY RELATIONS
In order to promote school-community interaction relating to the policy and operation of the schools, the Board will:
The principal of each school will be responsible for the development of a public relations program and will promote programs which involve parents and the community with the school.
The superintendent is responsible for leadership in school-community relations. Through the use of his/her staff, he/she will promote a program to best coordinate the involvement of the schools and community.
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000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUE
015 VISITORS TO THE SCHOOLS
Except on special occasions, such as school programs and athletic events, all visitors will report to the school office when entering the school. Authorization to visit elsewhere in the building or on the school campus will be determined by the school principal or his/her designee.
In order to maintain the conditions and atmosphere suitable for learning, no other person will enter onto the grounds or into the school building during the hours of student instruction except students assigned to that school, the staff of the school, parents of students, and other persons with lawful and valid business on the school premises.
The principal or his/her designee has the authority to exclude from the school premises any persons disrupting the educational programs in the classroom or in the school, disturbing the teachers or student on the premises, or visiting the premises for the purpose of committing an illegal act.
The principal will engage law enforcement officials when he/she believes the situation warrants such measures.
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000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUE
016 DISCRIMINATION UNDER THE AMERICANS WITH DISABILITIES ACT AND SECTION 504
Last Updated Date: 04/14/2014
The Sevier County Board of Education supports and complies with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504). As such, the Board will not tolerate discrimination, harassment and/or retaliation stemming from a real or perceived disability or handicap. [1]
COMPLAINT
Individuals may submit complaints when they believe they have been discriminated against because of some real or perceived disability.
COORDINATOR
The ADA and Section 504 Coordinator shall be responsible for coordinating the system's efforts to comply with the ADA and Section 504. Students, parents, employees or third-parties should feel free to direct any such complaint to the building level supervisor (school principal). If seeking to make a complaint regarding or involving the building level supervisor, however, students, parents, employees or third-parties should feel free to direct any such complaint to the ADA/Section 504 Coordinator. The current ADA/Section 504 Coordinator’s name and contact information can be found via the school system’s website (www.sevier.org) or by calling the main office (865-453-4671). [2] No corrective actions or retaliation shall occur as a result of good faith reporting of charges regarding discrimination, harassment or retaliation. [3]
COMPLAINT REVIEW/PROCEDURE [4]
Building level supervisors who receive complaints under this policy must report those complaints to the ADA/Section 504 Coordinator. Upon notice of a complaint falling under this policy, the ADA/Section 504 Coordinator will either review or designate another administrator to review said complaint. After reviewing and investigating a complaint, the
ADA/Section 504 Coordinator or his/her designee will make a determination as to whether discrimination, harassment and/or retaliation occurred. When investigating and reviewing a complaint, the ADA/Section 504 Coordinator or his/her designee should – whenever possible – consider credibility, documentary/tangible evidence and interviews of the complainant, the accused and necessary third-party witnesses. The ADA/Section 504 Coordinator shall retain a copy of any determination made pursuant to this policy, whether it was made by the ADA/Section 504 Coordinator of his/her designee.
ACTION
If the ADA/Section 504 Coordinator or his/her designee determines that discrimination, harassment and/or retaliation occurred (i.e. the complaint is more likely to be true than not true), he/she must either take corrective action or recommend that the Director of Schools take corrective action. In compliance with state and federal law, “corrective action” could include, but shall not be limited to: oral warning; written reprimand; transfer; reassignment; demotion; suspension; dismissal; training; counseling; or written improvement plan.
If a party remains unsatisfied with the initial determination, he/she can request the Director of Schools to review. After review of the complaint, the investigation and the initial determination, the Director of Schools shall take such action as he/she deems appropriate under the law. If still unsatisfied, a party can request the Board of Education’s review. The Board will hear and review only complaints which have already been carried through the above-procedures.
[1] 42 U.S.C. § 12112; 29 U.S.C. § 701 et. seq.
[2] 28 C.F.R. § 35.106; 34 C.F.R. § 104.8.
[3] 28 C.F.R. §35.107.
[4] 28 C.F.R. §§ 35.170, 35.172.
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000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUE
017 SCHOOL ATTORNEY
The Sevier County Board of Education will employ an attorney to represent the Board in legal matters, which arise concerning the school system.
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000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUE
018 SCHOOL BOARD MEETINGS
Last Updated Date: 10/13/2014
The Sevier County Board of Education will transact all business at official meetings, which may be either regular or special.
Every meeting of the Board, except with the attorney to discuss pending or threatened litigation or with the board negotiator about negotiations or to discuss school security or school safety plans, will be open to the public.
The Board will hold such special meetings and work sessions as necessary to transact the business of the Board. Such meetings will be called by the chairperson whenever, in his/her judgment, the interests of the schools require it, or when requested to do so by a majority of the Board.
Notification of meetings will be given to the public media, the president of the local education association, and the schools, at least forty-eight (48) hours prior to the meeting.
The agenda for the meeting will be prepared by the Executive Committee. Agenda items may be placed upon the agenda by any board member. Other persons wishing to place items on the agenda should do so in writing at least five days before the regular meeting. The Board may waive this requirement if it chooses.
The rules of order for a board meeting will be the current edition of Robert's Rules of Order. A majority of the membership will constitute a quorum for the transaction of business. (By state law, all actions of the Board must be accomplished by majority of the total Board - not a majority of the quorum.) In the absence of a quorum, no business will be transacted.
The minutes of the meeting will include:
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000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUE
019 SMOKING IN SCHOOL FACILITIES
Last Updated Date: 06/08/2015
Tennessee law does not permit smoking indoors in school facilities. Therefore, the Sevier County Board of Education prohibits all persons from smoking in school facilities. Failure can subject the person smoking to fines and to possible disciplinary actions by persons employed by the Board. The school system prohibits “smoking” of any form or type, including, but not limited to, tobacco, marijuana, clove, nicotine, or electronic cigarettes. This policy should not be read to prevent employees, volunteers, or other adults from using nicotine gum, patches or other smokeless, vapor less nicotine- based products.
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000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUE
020 DILLON'S RULE
Last Updated Date: 08/15/2011
Under Tennessee law, the Board has the authority to act only when:
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