Revising Board of Education’s Bylaws Regarding Appointment and Operation of Advisory Committees
Resolution Number 2004-40
September 21, 2004
The Board of Education adopted revisions to sections of the Board of Education’s by-laws regarding the appointment and operation of advisory committees. The revisions, as adopted, are shown below:
Bylaws of the Virginia Board of Education
In accordance with § 22.1-16 of the Code of Virginia of 1950, as amended, (the “Virginia Code”), the Virginia Board of Education (the “Board”) hereby adopts the following bylaws, effective as of the date and authorized signature below, for its own governance and to promulgate such regulations as may be necessary to carry out its powers and duties.
ARTICLE ONE: PURPOSE
In accordance with Article VIII, § 4, of the Constitution of Virginia, the general supervision of the public school system in the Commonwealth of Virginia shall be vested in the Board of Education.
ARTICLE TWO: MEMBERSHIP
Section 1. Composition. The Board shall consist of nine members appointed by the Governor of Virginia, subject to confirmation by the General Assembly of Virginia.
Section 2. Term of Membership. Every appointment to the Board shall be for a term of four years, except that appointments to fill vacancies other than by expiration of a term shall be for the unexpired terms. No member of the Board shall be appointed to more than two consecutive four-year terms.
ARTICLE THREE: OFFICERS
Section 1. President. The President of the Board shall be elected by a majority of the Board members, shall preside over meetings of the Board, and shall have all powers and duties as necessary to fulfill the role of chief executive of the Board and its presiding officer and as may be, from time to time, conferred or prescribed by the Board. The President shall exercise supervision and direction over the Board's goals and affairs and discharge all duties generally pertaining to such office as the executive head of an organization of this character, subject to the control of the Board members. The President shall appoint members of the Board to serve on standing committees and appoint special committees with non-Board members as deemed necessary. The President shall be elected from the Board membership for a term of two years. The President may succeed himself or herself. The election of the President shall be by a recorded vote.
Section 2. Vice President. The Vice President shall have such powers and perform such duties as may from time to time be conferred or prescribed by the Board. In the absence of the President, the Vice President shall discharge all such executive duties of the office of President. The Vice President shall be elected from the Board membership for a term of two years. The Vice President may succeed himself or herself. The election of the Vice President shall be by a recorded vote.
Section 3. Secretary. In accordance with § 22.1-23 of the Virginia Code, the Superintendent of Public Instruction shall serve as Secretary of the Board and shall perform such other duties as the Board may prescribe. The Secretary shall attend all meetings of the Board and record all votes and the proceedings of the meetings in a book to be kept for that purpose and shall perform like duties for any other committees, if required. The Secretary shall give, or cause to be given, notice of all meetings of the Board, and shall perform such other duties as may from time to time be prescribed by the Board or the President, under whose supervision he or she shall act. The Secretary shall have custody of the seal of the Board, and the Secretary, or an Assistant Secretary, shall have authority to affix the same to any instrument requiring it, and when so affixed, the seal may be attested by his or her signature or by the signature of such Assistant Secretary. The Board may give general authority to any other officer to affix the seal of the Board and to attest the affixing thereof by his or her signature.
Section 4. Other Officers.Additional officers, in the discretion of the Board, may be elected from time to time to perform such duties and undertake functions designated by the Board.
ARTICLE FOUR: MEETINGS
Section 1. Annual Meeting. The first meeting after February 1 shall be designated as the annual meeting of the Board. At the annual meeting, the members shall elect the President and Vice-President for any expired terms, in even-numbered years. At the annual meeting, the members shall also consider any other business that may properly come before the Board.
Section 2. Regular Meetings. Prior to and no later than the annual meeting, the Board shall adopt a tentative schedule for regular meetings for the applicable calendar year. Such schedule shall be subject to the change, alteration, or adjustment by the President as he or she deems appropriate, to accommodate the operation of the Board.
Section 3. Special Meetings. A special meeting of members may be called by the President in his or her sole discretion, and shall be called by the President (or in the absence of the President, the Vice President or Secretary, upon written request to the Secretary by five or more members of the Board. No business other than that specified in the notice of the meeting shall be transacted at any special meeting of the Board.
Section 4. Place of Meetings. Annual and regular meetings of the Board shall ordinarily be held at the office of the Superintendent of Public Instruction. The Board may hold annual and regular meetings at such other place or places, for any time period, within the Commonwealth of Virginia, as designated in advance by the President, or in the absence of the President, by the Vice President.
Section 5. Adjournment. Any duly called meeting of the Board may be adjourned to a later time and place, determined by the Board members present, whether such members constitute a quorum for transaction of business, provided that such time and place are announced at the meeting. No other notice of the adjourned meeting shall be required.
Section 6. Voting Proxies. At meetings of the Board, all members present shall be entitled to exercise voting rights on all matters. Members not present at a meeting shall not be entitled to vote by proxy.
Section 7. Notices of Meetings. Written notice stating the place, day, and hour of any meeting of the members, and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall be given to each Board member not less than 10 days before the date of the meeting by or at the direction of the President, or the Secretary, or the persons calling the meeting. A notice shall be deemed duly given to a Board member when it is: (1) adopted by the Board as part of its tentative regular meeting schedule and is not subsequently changed or altered in accordance with Article 4, Section 2 above, or (2) delivered in person or mailed, postage-prepaid, to the address of such Board member as it appears on the records of the Board, or (3) when it is sent via telecopier or electronic mail transmission to the telecopier number or electronic mail address of such Board member, and the sender has received a confirmation from the Board member that such transmission has been received. Written notice stating the place, day, and hour of any meeting of the members of the board shall be provided to the public at least three working days prior to the meeting. The notice shall state whether or not public comments will be received at the meeting and, if so, the approximate point during the meeting when public comments will be received.
Section 8. Voting and Quorum. Each member of the Board shall be entitled to one vote with respect to each matter voted on by the Board. A majority of the members of the Board shall constitute a quorum for the transaction of business. Except as expressly provided otherwise in these bylaws, the vote of a majority of the Board members present at any meeting at which a quorum is present shall be the act or resolution of the Board.
Section 9. Conflict of Interest. In any case where a member has a personal interest in a particular vote of the Board, such member(s) shall excuse himself or herself from the vote of the Board.
Section 10. Waiver. Whenever any notice is required to be given under the provisions of law or these bylaws, a written waiver thereof, signed by the person or persons entitled to such notice and filed with the records of the meeting, whether before or after the time stated therein, shall be conclusively deemed to be equivalent to such notice. In addition, any member who attends a meeting of the Board without protesting at the commencement of the meeting such lack of notice shall be conclusively deemed to have waived notice of such meeting.
ARTICLE FIVE: EXECUTIVE SESSIONS
The Board may decide to go into executive session at any of its meetings in accordance with the laws of the Commonwealth of Virginia. Prior to such action, the Board must adopt a motion to go into executive session. The Board shall discuss only matters in an executive session as specified by the Virginia Freedom of Information Act or other applicable law. The Board may take no final action on any item in executive session. At the conclusion of any executive session, the Board must reconvene in public session and take a vote of the membership to come out of executive session.
ARTICLE SIX: RESOLUTIONS OF THE BOARD
All resolutions adopted by the Board shall be signed by the President and shall remain in effect until repealed, amended, or otherwise suspended by subsequent resolution. The Secretary shall maintain an appropriate record of all Board resolutions in effect and make such record available to the Board and the public upon request.
ARTICLE SEVEN: AGENDA FOR MEETING
The Board will have a published agenda for all regularly scheduled public meetings. Items may be placed on the agenda by the Superintendent of Public Instruction or any member of the Board through the President of the Board. Final decision on the placement of items on the agenda will be made by the President of the Board.
ARTICLE EIGHT: CONSENT AGENDA/BOARD REVIEW PROCEDURES
Section 1. Consent Agenda.The President or presiding officer may place any item on the consent agenda for the applicable Board meeting. Items may also be placed on the consent agenda by majority vote of the Board. The consent agenda shall be adopted by a majority vote of the Board. Such item may be removed from the consent agenda by any Board member wishing to have it placed on the regular Board meeting agenda.
Section 2. Action on Items.Items that are not placed on the consent agenda but which require the Board’s action must be reviewed by the Board at two separate meetings. Such review shall consist of a first review and a final review. Action may be taken on an item when it is brought to the Board for final review. The Board may waive the requirement for two separate reviews of any agenda item by majority vote. The materials, including the boiler plate and any appropriate background materials, for each item requiring Board action must be provided to all members not less than seven days before the meeting in which first review has been scheduled. The Board may waive this requirement for advance receipt of materials only by unanimous vote of the Board members present.
ARTICLE NINE: COMMITTEES
Section 1. Standing and Special Committees.The Board may create standing committees composed of Board members and non-Board members, as it shall deem appropriate, and impose upon such committee or committees such functions and duties, and grant such rights, powers, and authority as the Board shall prescribe. The President shall appoint all members to serve on standing committees. Special committees of the Board may be established and appointed by the President for specific assignments. All special committees shall report their findings and recommendations to the Board. All special committees shall dissolve upon the completion of their stated assignment or by act of the President.
Section 2. Advisory Committees. Advisory committees may be created by the Board for special purposes to include, but not be limited to, federal and state-mandated committees. An advisory committee shall be composed of persons who represent the views and interests of the general public and who are known to be qualified to perform their duties. Personnel of the Department of Education may be appointed to the committee, as members or as consultants. Unless otherwise prescribed by state or federal law or regulations, all appointments to an advisory committee shall be made by the Board upon the recommendations of the Superintendent of Public Instruction. Each committee shall be instructed as follows:
1. The length of time each member is being asked to serve;
2. The service the Board wishes the committee to render, the extent and limitations of its responsibilities;
3. The resources the Board will provide;
4. The approximate dates on which the Board wishes to receive reports; and
5. The responsibilities for the release of information.
The Board possesses legal powers and prerogatives that cannot be delegated or surrendered to others; therefore, all recommendations of an advisory committee must be submitted to the Board for action. The Board shall have sole power to dissolve any of its advisory committees and shall reserve the right to exercise this power at any time. Advisory committees to the Board of Education shall be established and operate in accordance with the procedures specified herein under Article Sixteen.
ARTICLE TEN: STUDENT ADVISORY COMMITTEE
The Board shall have a standing Student Advisory Committee consisting of twelve students, the President, the Secretary and two members of the Board appointed by the President. Student members shall be selected by a committee of the Board appointed by the President. Such student membership shall consist of one high school student from each of the eight Superintendents’ Regions in the Commonwealth and four middle school students selected at-large from the Commonwealth. The President or a designated Board member shall preside over all meetings of the Student Advisory Committee, which shall meet at least three times a year or as prescribed by the President or the Board designee, with one meeting to coincide with a regularly scheduled Board meeting.
ARTICLE ELEVEN: PUBLIC PARTICIPATION
Citizens of the Commonwealth are encouraged to attend all Board meetings, except executive sessions as defined by the Freedom of Information Act, and may record the proceedings in writing or by using a recording device. The Board is not required to allow citizens to speak at every meeting, but will seek to do so as appropriate. Opportunities will be provided, at the discretion of the Board President, for individuals or citizens representing a group or groups to appear on the agenda of a regular meeting or work session of the Board. Requests to appear before the Board or one of its committees shall be made in writing 10 days before a scheduled meeting of the board and must include the subject to be discussed and the name of the speaker. The 10 days may be waived by the President or committee chairperson if the item is on the agenda. In honoring such requests, the Board will limit such presentations to three minutes for individuals and five minutes for citizens representing a group, unless an extension is granted by the President or committee chairperson.
ARTICLE TWELVE: BOARD OPERATIONS
Section 1. Promulgation and Adoption of Regulations.The Board shall promulgate such regulations as may be necessary to carry out its powers and duties. Regulations recommended for adoption by the Board shall be promulgated in accordance with the Administrative Process Act and Virginia Register Act, as well as any applicable Executive Order by the Governor.
Section 2. Contracts. The President and Secretary of the Board shall sign all contracts and agreements entered into by the Board unless the Board delegates to a specific person other than these two officers.
Section 3. Official Papers. All official records of the Board shall be open for inspection. Further, the official records of the Board shall be kept on file in the Department of Education for a period of five years, after which the record shall be maintained in accordance with the Records Retention and Disposition Schedule prescribed by the Library of Virginia.
Section 4. Compensation and Expenses.Members of the Board may receive a per diem, or portion thereof, in an amount set by the General Assembly while attending regular and special meetings of the Board or while participating in Board-related activities pursuant to § 2.2-2813 of the Code of Virginia. The members of the Board may receive reimbursement for reasonable expenses incurred while attending meetings of the Board or any committee thereof, or in performing duties as a member of the Board. Board members are encouraged to attend at least one regional or national meeting per year related to the responsibilities of the Board of Education. Reimbursement will be available for expenses to attend such meetings.
ARTICLE THIRTEEN: AMENDMENTS
These bylaws may be altered, amended, or repealed only by a vote of at least seven members of the Board after a first and final review has been completed in two separate meetings. The requirement for a first and final review at two separate meetings may not be waived by the Board, unless such waiver is approved by every member of the Board.
ARTICLE FOURTEEN: MISCELLANEOUS
Section 1. Addresses. The addresses and/or telephone numbers used in any notice given under the bylaws shall be those appearing on the books of the Board, and it shall be the individual member's responsibility to ensure that the Secretary has the correct address.
Section 2. Robert's Rules.Except as otherwise stated herein, all meetings of the Board shall be governed by the current edition of Robert's Rules of Order.
Section 3. Gender.All personal pronouns used in these bylaws, whether used in the masculine, feminine, or neuter gender, shall include all other genders, the singular shall include the plural, and vice versa, as the context may require.
Section 4. Repeal of All Previous Acts.All previous enactments of the Board’s bylaws prior to the date set forth below are hereby repealed and declared null and void.
Section 5. Copy to All Members.The Board hereby directs the Secretary to provide all Board members with current copy of these bylaws and all amendments thereto.
ARTICLE FIFTEEN: REVISING THE STANDARDS OF QUALITY
The Board and its respective standing committee shall determine the need for a review of the Standards of Quality from time to time but no less than once every two years. The Board shall establish, by resolution, the process for such review. The Board shall consider making changes, if any, to the Standards of Quality based upon that review. The results of the Board’s review and any recommended changes shall be communicated to the Governor and also to the Chairmen of the House Committee on Education, the House Committee on Appropriations, the Senate Committee on Education and Health, and the Senate Committee on Finance.
ARTICLE SIXTEEN: ADVISORY COMMITTEE OPERATIONS
Section 1. Purpose. For any advisory committee established under Article Nine above, the Board shall specify the purpose of the advisory committee, and shall specify the extent and limitations of the committees’ responsibilities. Such purpose shall be in accordance with the Board of Education bylaws and any applicable state or federal law or regulation. Advisory committees shall act within the scope of authority specified by the Board. All advisory committee members acknowledge, by virtue of their service on the advisory committee, that their authority with respect to work of the advisory committee is limited to the matters assigned to it by the Board and by applicable state or federal law or regulation.
The Board shall annually direct advisory committees to undertake studies or assignments on specific topics and to make recommendations related to specific issues. The Board shall give a charge to each advisory committees at its annual planning meeting and as the Board president deems necessary and appropriate. The advisory committees shall report back to the Board on its findings and recommendations of those topics and issues identified by the Board for its review within the timeframe requested by the Board but not later than the annual planning meeting the following year.
Each advisory committee shall make an annual report to the Board of Education. The annual report shall include the findings and recommendations of those issues and topics identified by the Board for deliberation by the committees.
The Board may dissolve an advisory committee at any time, unless the advisory committee is required by state or federal laws or regulations. An advisory committee shall be deemed dissolved if it has conducted no business for 12 or more consecutive months. At its discretion, however, the Board may reconstitute an advisory committee that has been dissolved.
Section 2. Operating Procedures. The operating procedures outlined in this article shall govern the proceedings of all advisory committees, unless otherwise provided in state or federal law or regulations. All proceedings of the Committee meetings shall be as prescribed by Robert’s Rules of Order. The Superintendent of Public Instruction shall determine the staff and funding resources needed to conduct the business of the advisory committee. The Board, at its discretion, may appoint a member of the Board to serve as liaison to the advisory committee.
Section 3. Membership.The Board shall determine the number of members to serve on an advisory committee, and shall appoint the members of the committee, as specified in Board bylaws under Article Nine, Section 2, except as provided by state or federal law or regulation. Nominations for all vacant positions will be solicited as widely as practicable and on forms provided by the Department of Education. Members of advisory committees shall not receive compensation for their service, but may be reimbursed for travel expenses in accordance with state travel guidelines set forth by the Department of Accounts.
Section 4. Term of Service. Appointments to an advisory committee shall be for a term of threeyears. Members of an advisory committee may be appointed to a second consecutive three-year term, but shall not be eligible to serve for more than six consecutive years; except that a member of an advisory committee who is serving a four-year term on October 1, 2004, and who is eligible for appointment to a second term would be eligible to be appointed to a three-year second term. A member filling the unexpired term of a member who resigned from the committee may be appointed to another consecutive three-year term. However, members of the Student Advisory Committee shall serve a term of one year, in accordance with Article Ten of the Board’s bylaws.
Section 5. Advisory Committee Chair.The role of the committee chair is to conduct the meetings. The initial chair of an advisory committee shall be appointed by the President of the Board or, at the President’s discretion, co-chairs may be appointed. Thereafter, upon any expiration of term or vacancy of such positions, the chair or co-chairs shall be elected by the advisory committee according to Robert’s Rules of Order. No co-chair may act on any matter pertaining to this joint office without the consent of the other co-chair. The chair shall have individual voting rights on all matters before the advisory committee and shall be responsible to present the findings and recommendations of the advisory committee at least annually and at other times requested by the Board. The committee may elect a vice chair, in accordance with Robert’s Rules of Order, who presides if the chair is unable to attend the meeting.
Section 6. Meetings. All meetings of an advisory committee shall be held in a location and in a facility that is accessible to the public, as provided by the Freedom of Information Act (§ 2.2-3700 et seq., Code of Virginia). The committee chair shall work with Department of Education staff assigned to serve as a resource to the committee, and with the executive assistant to the Board of Education to ensure that the public is notified of all meetings in accordance with the Freedom of Information Act. There shall be a published agenda for all meetings set by committee chair or co-chairs, with the assistance of Department of Education staff and with the Board liaison to the committee, if applicable.
A majority of the members of the advisory committee shall constitute a quorum for the transaction of business. The vote of a majority of the advisory committee members present at any meeting at which a quorum is present shall be the act of the advisory committee. Each member of an advisory committee shall be entitled to one vote with respect to any matter voted on by the advisory committee. Members not present at a meeting shall not be entitled to vote by proxy.
In any case where a member has a personal interest in a particular vote of the advisory committee, such member(s) shall excuse themselves and shall not vote on that matter.
Section 7. Official Papers. All official records of advisory committees shall be kept on file in the Department of Education and shall be open to inspection as provided by the Freedom of Information Act, § 2.2-3704 of the Code of Virginia. All records shall be maintained in accordance with the Records Retention and Disposal Schedule prescribed by the Library of Virginia. Minutes of all meetings shall be filed electronically, as required by § 2.2-3707.1 of the Code of Virginia within 10 business days of any meeting the executive assistant to the Board of Education at the Department of Education.
Section 8. Effective Date. Article Sixteen of the bylaws of the Board of Education shall become effective beginning on October 1, 2004. Section 4 of Article Sixteen shall become effective with all appointments made by the Board of Education under this Article on or after October 1, 2004. The undersigned, being the duly elected President of the Virginia Board of Education, thereby certifies that the foregoing bylaws were duly adopted by its members as of the date and signature below.
Adopted in the Minutes of the Virginia Board of Education
June 22, 2000
Amended October 19, 2000
Amended October 22, 2001
Amended September 22, 2004
Amended September 21, 2004
Thomas M. Jackson, Jr., President
Board of Education
Adopted in the Minutes of the Virginia Board of Education
September 21, 2004