BAA(LOCAL) - BOARD LEGAL STATUS: POWERS AND DUTIES

Board–Superintendent Relations

To effectively spell out the essential conditions to sound Board–Superintendent relations, the following statements represent a foundation that must prevail in order for the five most essential conditions to operate successfully. These initial statements are stated, apart from the essential conditions, because they are basic to any public school enterprise, are intrinsic in any effective program, and need to be reaffirmed to guarantee that the District does not lose sight of its fundamental purposes:

Both the Board and the Superintendent are committed to the basic values identified by the founders of the United States.

Both believe universal public education to be imperative to the strength and welfare of the nation and its people.

Neither owes any allegiance except to the welfare of all children and youth.

Both are sensitive to the contemporary world and realize that education in many respects must change to meet the changing times.

Both realize that they are, in fact, mere stewards of the citizens who actually own the schools.

The Board and the Superintendent hold each other in mutual respect.

Both recognize the complex and difficult professional work of the teacher.

The five most essential conditions to sound Board–Superintendent relations are as follows:

The Board, with the Superintendent, develops and publishes sound rules governing its plan of operation.

The responsibilities and respective roles of each are clearly defined and set forth in writing.

Information and documented data are available in abundance for the Board.

The Board agenda and supporting data are carefully prepared and made available in advance.

Neither a Board member nor the Superintendent gives interviews to reporters in order to express personal judgments as an opinion of the beliefs of other Board members or the Superintendent.

The following is a parallel description of the relationship of the functions of the Board and the Superintendent:

Litigation

Scope

The following provisions shall apply to all legal proceedings that are brought by or against the District. However, the provisions shall not apply to the following matters:

Special education due process hearing before a hearing officer;

Suspension, nonrenewal, and termination proceedings related to contracts issued under Chapter 21 of the Texas Education Code; or

The assessment and collection of tax revenues.

Initiated by the District

Litigation initiated by the District shall require approval by the Board prior to the suit being filed.

Pending Actions

When the District is prosecuting litigation, the Board shall consider and either approve or reject the following actions:

Whether to pursue an appeal;

Whether to accept a settlement offer;

Whether to assert a counter-claim or cross-claim; or

Whether to initiate an original proceeding in the court of appeals such as seeking a writ of mandamus or a writ of prohibition.

When the District is defending litigation, the Board shall approve the following actions:

Whether to pursue an appeal;

Whether to accept a settlement offer;

Whether to assert a counter-claim or cross-claim; or

Whether to initiate an original proceeding in the court of appeal such as seeking a writ of mandamus or writ of prohibition.

Emergency Matters

If the District must take legal action to preserve its rights and, due to an impending deadline, the Board will not be able to consider such action before the passage of the deadline, the Superintendent shall direct that the District's attorneys take action to preserve the District's rights.

Any legal action taken pursuant to the Superintendent's directive under this provision shall be placed on the Board's agenda for consideration at the next meeting of the Board for which notice must be posted in compliance with the Texas Open Meetings Act. The Board shall consider the action taken by the Superintendent and ratify and approve the action or order that the legal proceeding be withdrawn.

Alief ISD

BAA(LOCAL)-X

LDU 2013.01

DATE ISSUED: 5/3/2013