Sevier County School System

001 - SCHOOL DISTRICT – SCHOOL BOARD LEGAL STATUS & AUTHORITY

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.

Policy References
002 - DUTIES AND POWERS OF THE BOARD OF EDUCATION
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:

To approve positions of employment and salary ranges for such positions;

To elect, upon the recommendations of the superintendent, teachers and other certified employees;

To manage and control all public schools under its jurisdiction;

To purchase all supplies, furniture, etc. as needed;

To visit schools whenever the Board judges that such visits are necessary;

To dismiss teachers, upon sufficient proof of improper conduct, inefficient service, or neglect of duty, insubordination, and incompetence;

To suspend or dismiss students when such action is necessary;

To require the superintendent and the chairperson of the Board to prepare a budget and when such budget has been approved by the Board, to submit it to the Sevier County Commission;

To have prepared a copy of the minutes of each meeting of the Board;

To adopt and enforce minimum standards and student attendance and discipline; and

To implement an evaluation plan for all certified employees.

The Board shall have the power:

To consolidate schools whenever, in its judgment, such action is necessary;

To require students and employees to submit to a physical examination when there is reason to believe a need exists;

To permit school buildings and school property to be used for the public, community, or recreational purposes;

To employ legal counsel to advise the Board;

To formulate general policies for the operation of the schools in the district;

To approve an organization of the school program and courses of study recommended by the superintendent;

To evaluate the work and effectiveness of the educational program;

To provide for the planning, expansion, improvement, construction, maintenance, use and disposition of the physical facilities of the school system; and

To help interpret the education program to the community by providing for the dissemination of school information necessary for creating a well-informed public.

Policy References
003 - SCHOOL DISTRICT GOALS AND OBJECTIVES
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

To promote a plan for the organized improvement of school curriculum, including the articulation between elementary and secondary schools;

To provide offerings which explore a wide range of career and service opportunities;

To promote an integration of academic, physical, social and emotional growth experiences for each student; and

To promote the recognition of achievement in all endeavors (example, academic, athletic).

Students

To structure the overall instructional program to provide sufficient alternatives to meet a variety of individual needs and aspirations;

To ensure that each student's interests, capacities, and objectives are considered in his/her learning program;

To develop a comprehensive program for handicapped students providing the least restrictive programs; and

To help students gain understanding of themselves, as well as skills and techniques in living and working with others and being responsible citizens.

Personnel

To provide high quality performance by the staff, including both professional and support personnel;

To establish acceptable performance standards for all personnel;

To provide in-service training and professional growth experiences for teachers and administrators; and

To maintain an evaluation system for the improvement of the instructional system.

Operations

To make every effort to secure adequate funding for the educational program in support of the
stated goals;

To maintain an adequate system of fiscal and business management;

To develop plans for the efficient use of school facilities; and

To ensure appropriate communication between the superintendent and the Board.

Policy References
004 - SCHOOL DISTRICT PLANNING
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:

Identifying and analyzing the major factors that affect what and how students learn;

Developing and implementing a written five-year plan;

Establishing annual program improvement objectives;

Basing major budget decisions on long-range plans.

The superintendent will initiate necessary procedures and measures to implement the long-range plans of the Board.

Policy References
005 - SCHOOL CALENDAR

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.

Policy References
006 - SCHOOL DAY

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.

Policy Reference
007 - EMERGENCY CLOSING

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.

Policy Reference
008 - EXTENDED SCHOOL DAY/YEAR PROGRAMS

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.

Policy References
009 - BOARD OPERATION GOALS AND OBJECTIVES
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:

To provide leadership so that the goals and objectives of the school system can be effectively carried out;

To conduct board business openly, soliciting and encouraging broad-based involvement in the schools' decision-making processes by the public, students, and staff;

To concentrate the Board's collective effort on its policy-making and planning responsibilities;

To formulate board policies which best serve the educational interests of each student and which conform to state and federal laws;

To provide the superintendent with sufficient and adequate guidelines for implementing board policies; and;

To maintain effective communication with the public, staff, and students in order to be aware of attitudes, opinions, desires, and ideas.

Policy Reference
010 - METHOD OF ELECTION OF OFFICERS

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.

Policy Reference
011 - DUTIES OF OFFICERS
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:

To assist the superintendent in preparing meeting agendas;

To preside at all meetings of the Board;

To appoint committees authorized by the Board;

To function as chairperson of the executive committee;

To countersign all warrants authorized by the Board and issued by the superintendent for all expenditures of the school system;

To conduct Board hearings;

To prepare the school budget with the superintendent; and

To carry out other such duties as may be assigned by the Board and/or stated in state law.

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.

Policy Reference
012 - DUTIES OF BOARD MEMBERS
000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUE

012 DUTIES OF BOARD MEMBERS

The duties of an individual board member will be as follows:

To become familiar with school laws, regulations of the State Department of Education, and school board policies, rules, and regulations;

To have a general knowledge of the educational aims and objectives of the system;

To vote and act impartially for the good of the school system;

To accept the will of the majority vote in all cases and give support to the resulting action; and

To refer complaints to the superintendent and to abstain from individual counsel and action in regard to staff members.

Policy Reference
013 - EXECUTIVE COMMITTEE
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:

To prepare an agenda for each meeting of the Board;

To prepare the annual budget on forms furnished by the Commissioner of Education, to be submitted to the Board for its approval;

To meet at the office of the superintendent as often as necessary to perform the duties required;

To advertise for bids and let contracts authorized by the Board;

To serve as the purchasing agent for the Board;

To examine all accounts authorized by the Board and ensure that the approved budget is not exceeded;

To submit for approval at each regular meeting of the Board a full report of all business transacted since the last regular meeting; and

To transact any other business assigned to the committee by the Board.

Policy Reference
014 - BOARD - COMMUNITY RELATIONS
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:

Strive to keep citizens of the school district regularly informed about all policies, problems, and planning through channels of communications within the system and with public media;

Direct all school employees, including teachers, administrators, and support personnel to participate in good school-community interaction; and

Recognize the right of the news media to inquire, research, and report to the public information about local schools.

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.

Policy Reference
015 - VISITORS TO THE SCHOOLS

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.

Policy Reference
016 - DISCRIMINATION UNDER THE AMERICANS WITH DISABILITIES ACT AND SECTION 504

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.

Policy Reference
017 - SCHOOL ATTORNEY

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.

Policy References
018 - SCHOOL BOARD MEETINGS
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:

The nature of the meeting (regular or special), time, date, board members present, a record of all motions and resolutions together with the names of the members making and seconding the motions, and a record of the vote;

Names of persons addressing the Board and the purpose of the remarks; and

A brief account of items discussed.

Policy Reference
019 - SMOKING IN SCHOOL FACILITIES

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.

Policy Reference
020 - DILLON'S RULE
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:

The power is granted in the express words of a statue, private act, or local charter.

The power is necessarily or fairly implied in, incident to, the powers expressly granted; or

The power is one that is neither expressly granted nor fairly implied from the express grants of power, but is otherwise implied as essential to the declared objects and purposes of the Board.

Policy Reference

Series 000 - BOARD OF EDUCATION DUTIES AND LEGAL STATUTE