TC-2000-1
2000—GENERAL SCHOOL
ADMINISTRATION
2020 Administrative Organization
2100 School Superintendent
2120 Duties
Essential Duties
General Duties
2140 Appointment
2250 Evaluation
2310 Residency
Right to Apply
Definitions
Non-Compliance
2400 Administrative Personnel
SN: For school management and supervisory personnel
below District
Superintendent level.
Duties
Recruitment
2405 Individual Administrative Contracts
Non-Renewal
2450 Evaluation (Cf. 2250, 5520)
2750 Administrative Rules
Board Review
Board Adoption
Rules Review
2800 Records (Cf. 8950)
2810 Public Review and Inspection of Records
Fees
Appeals
2020 Administrative Organization 2020
The legal authority of the Board shall be transmitted through the Superintendent to other positions through an approved organizational structure.[1] The Superintendent shall develop an organizational chart that indicates the channels of authority and reporting relationships for school personnel. These channels should be followed, and no level should be by-passed except in unusual situations.
All personnel should refer matters requiring administrative action to the responsible administrator; a subsequent decision may be appealed to a higher administrative officer and, if necessary, through appropriate steps to the Board. In situations in which the appeal comes to the Board, it shall be made in the presence of the Superintendent and the administrative person directly involved.
Whenever possible, each employee should be responsible to only one immediate supervisor. Where this is not possible, the division of responsibility must be clear.
Approved:
Reviewed:
2100 School Superintendent 2100
The Superintendent shall be the chief administrative head of the District and shall have, under the direction of the Board, general supervision of all of the public schools and of all the personnel and various personnel departments of the District. The Superintendent is responsible for the management of the schools under District policies and is accountable to the Board.
The Superintendent may delegate to other school personnel the exercise of any powers and the discharge of any duties imposed upon the Superintendent by these policies. The delegation of power or duty, however, shall not relieve the Superintendent of responsibility for the action taken under such delegation.
Accordingly, whenever the word “superintendent” or “principal” appears in these policies and rules, the words “or designated representative” shall be assumed to follow.
Approved:
Reviewed:
2120 Duties 2120
Essential Duties
The essential duties and responsibilities of the Superintendent shall be:
1. To serve as administrative head of the entire District and chief executive officer of the Board, in charge of both educational and business functions;
2. To keep the Board continually informed on the progress and condition of the schools;
3. To carry out policies and rules of the District;
4. To initiate matters of educational policy and to make definite recommendations thereon;
5. To recommend the number and types of positions required to provide proper personnel for the operation of education programs;
6. To nominate for appointment, assignment, transfer or termination and to define the duties of all personnel;
7. Recommend, in writing, the teachers necessary for the schools; and
General Duties
The general duties of the Superintendent shall be:
1. To administer the development and maintenance of a positive educational program designed to meet the needs of the community, to keep abreast of the best educational developments and to advise regarding changes in programs;
2. To supervise the preparation of the annual budget and to recommend it to the Board for consideration;
3. To advise and recommend in matters of business administration; to pass upon all proper requests for equipment and supplies, to point out possible economies and to supervise activities of the District;
4. To conduct a continuous study of the development and needs of the schools and to keep the public adequately informed concerning his/her findings;
2120 Duties 2120-2
5. To assure that District finances are credited with interest earned by tax money on deposit with the county treasurer by executing written agreement with the county treasurer;
6. Put into practice the educational policies of the District;
7. Supervise and direct the work of the teachers and other employees of the District;
8. Classify and control the promotion of students;
9. Recommend to the Board the best methods of arranging the courses of study;
10. Recommend to the Board the proper textbooks to be used;
11. Make written reports to the Board;
12. Make written reports to the state; and
13. Assist the Board in matters pertaining to the general welfare of the District.
Approved:
Reviewed:
LEGAL REF: MCL 380.1246
2140 Appointment 2140
All contract offers of employment, or continued employment, shall be made by the Board contingent upon review of the contract by the District’s legal counsel and subject to final approval by the Board.
The Superintendent will be offered a written contract for a fixed term not to exceed three years.[2] Tenure shall not be awarded tenure to the Superintendent or to any other administrator in the District.
The Superintendent’s contract shall be considered for renewal in accordance with the employment contract and law.[3] It is the responsibility of the Board President to see that the Superintendent’s contract is properly executed and signed. A copy of the contract shall be on file at the Board office. The contract shall contain a provision excluding the Superintendent from attaining tenure in the administrative position.[4]
Approved:
Reviewed:
LEGAL REF: MCL 380.1229; 380.1246; 38.91; 15.268(8f)
2250 Evaluation 2250
The Board shall evaluate the Superintendent, at least annually, using the criteria and an evaluation process mutually agreed upon by the Board and Superintendent. If mutual agreement cannot be reached, the Board shall proceed with the Superintendent’s evaluation using criteria that includes the District’s attainment of the goals adopted by the Board, the Superintendent’s completion of personal job goals that have been established, the manner in which day-to-day operations of the District are handled, Board-Superintendent relations, staff and community relations, and the degree to which the Superintendent fulfills the responsibilities set forth in the job description and duties for that position. The criteria and process adopted by the Board should be communicated in advance to the Superintendent.
Before the
summary evaluation meeting, individual Board members shall complete their
evaluation of the Superintendent for discussion purposes.[5] The Board and Superintendent may meet in
closed session, at the option of the Superintendent, for the summary
evaluation.[6] The Superintendent shall have an opportunity
to respond to the Board’s summary evaluation either orally or in writing at the
Superintendent’s discretion.
After the
Board has prepared the Superintendent’s summary evaluation, the Board shall
adopt, by vote, the summary evaluation at an open meeting. After the Board’s adoption, the
Superintendent’s summary evaluation shall be made available as provided under
current law.[7]
2250 Evaluation 2250-2
The Superintendent’s summary evaluation and any rebuttal thereto shall be retained in the Superintendent’s personnel file as a matter of record.
The
evaluation procedure shall be on file at the District office.
Approved:
Reviewed:
LEGAL REF: MCL 15.268; 15.243(1)(m); AG Opinion #5262, #5608, #6668
2310 Residency 2310
All employees are encouraged to live in the District and participate in school and community activities. This policy is not intended and shall not be used to require residence.
Right to Apply
No person shall be denied the right to apply for an administrative position or promotion to a higher position on account of residence.
Definitions
“Administrators” means all members of the Congress of Flint School Administrators bargaining unit and all employees assigned to other positions designated administrative positions by the Board.
“Residence” is the place an administrator establishes his or her home with the good faith intent to make it his or her true home, either permanently or for indefinite or limited time, as distinguished from an abode established for special or temporary purposes or to give the appearance of having compiled with the provisions of this policy.
“School Year” begins July 1 and ends June 30 of the following year.
All personnel hired in an administrative capacity (or other employment capacity as currently specified), except those persons specifically exempted by law, shall be required to live within a 20-mile radius of the borders of the District as a condition of administrative employment. However, current administrative personnel hired before original date of the residency policy adoption shall not be subject to the requirements of this policy.
Non-Compliance
The employment of a non-resident administrator (newly appointed or adopted), except those specifically exempted by law, who fails to take up residence within a 20-mile radius of the District’s boundaries within one year from the date of his or her appointment or, if an extension is granted, by the extended date, shall be terminated at
2310 Residency 2310-2
the end of the first school year in which statutory and other required notices of termination of employment can be timely given.
Approved:
Reviewed:
LEGAL
REF: MCL
15.601 et seq., Act No. 212 of the Public Acts of 1999
2400 Administrative Personnel
(Central Office and Building Level) 2400
The District shall employ such administrative personnel, as the needs of the District require.
Duties
When requested by the Board, the Superintendent shall develop,
when appropriate, job descriptions illustrating key duties and functions for
administrative positions in the District.
Such documents, if developed, shall be filed in the central office.
Recruitment
The Superintendent is authorized to identify and recommend the appointment of qualified individuals to fill vacant administrative positions. The Board reserves the right to reject any and all recommendations and to proceed on its own initiative.
Approved:
Reviewed:
LEGAL REF: MCL 380.1229; 38.91
2405 Individual Administrative Contracts 2405
All administrative personnel shall be compensated for their services in conformity with an administrative salary as determined by the Board.[8]
The Board will consider the Superintendent’s recommendations
when setting compensation for individual administrators. These recommendations should be presented to
the Board no later than the March Board meeting.[9]
Non-Renewal[10]
If the Board is considering non-renewal of an administrator’s contract, the Superintendent shall give the administrator written notice of the consideration of non-renewal at least 30 days before the Board meeting where non-renewal will be considered, along with the reasons for potential non-renewal. The Board shall give the administrator opportunity to meet with the Board before deciding not to renew the contract.
If the Board elects not to renew an administrator’s contract, the Secretary shall provide written notice of non-renewal to the administrator at least 60 days before the expiration of the contract.[11]
Approved:
Reviewed:
LEGAL REF: MCL 380.1229
2450 Evaluation (Cf. 2250, 5520) 2450
The Superintendent shall evaluate, as the need arises, the performance of District administrators, using standards and objectives developed cooperatively by the Superintendent and administrative personnel that are consistent with the District’s mission and goal statements. Additionally, the evaluation should include a discussion of professional strengths as well as performance areas needing improvement.
The Board shall not, as a practice, review the evaluations of administrators. However, if specific concern regarding an administrator is voiced by a majority of Board members, the Board shall then review the administrator’s evaluation(s). Board discussion on an administrator’s evaluation can be held in either a closed or open Board meeting as decided by the administrator.[12]
The administrator’s evaluation shall be made available to those authorized by law when so requested.
Approved:
Reviewed:
LEGAL REF: MCL 15.268
2750 Administrative Rules 2750
The Board delegates to administration the function of specifying required actions and determining the detailed arrangements under which the schools will be operated. These detailed arrangements shall constitute the administrative regulations governing the schools. The administrative regulations must in every respect be consistent with the policies of the Board and the District.
Board Review
The Board retains the right to review all administrative rules. The Board shall veto any rule that is inconsistent with a policy adopted by the Board.
Board Adoption
The Board shall adopt administrative regulations when required under law, and when the Superintendent recommends Board adoption in light of strong community attitudes or probable staff reactions.
Rules Review
In those instances where the Board has adopted administrative rules, they shall be subject to a planned review by the Board and the District’s administrative staff.
Approved:
Reviewed:
2800 Records (Cf. 8950) 2800
The District shall establish and maintain a system of records as required by law and as necessary or pertinent to the performance of any function related to the operation of the District. The Superintendent shall establish rules and procedures for the maintenance of District records.
Approved:
Reviewed:
LEGAL REF: MCL 15.231
et seq.,
2810 Public Review and Inspection of Records 2810
The Superintendent shall establish and publish rules for public inspection and copying of records in accord with the Michigan Freedom of Information Act,[13] and shall appoint a FOIA coordinator for the District. Copies of records that are not exempt from disclosure will be available on request.[14]
Fees[15]
The Superintendent shall charge a fee to cover actual costs of
providing access to and/or copies of public records in accord with law.[16]
Appeals
If a request for disclosure of record(s) is denied, procedures for appeal of the decision shall be provided along with the denial.
Approved:
Reviewed:
LEGAL REF: MCL 15.231
et seq.,
2810-R Public Review and Inspection of Records (Cf. 8940 et seq.) 2810-R
The Superintendent shall appoint a FOIA coordinator[17] for all records maintained at the central office of the District. Each building Principal shall serve as coordinator for all records maintained at the building level.
Routine Inquiries
District staff shall handle routine day-to-day inquiries to the District or school for information appropriately. The procedures under this rule shall apply to requests made under the Michigan Freedom of Information Act.
Requests
Requests to inspect or copy public records must be made in writing (including FAX or e-mail) to the coordinator for the requested record(s) or his/her designee, and shall sufficiently describe the record to enable the coordinator to identify and locate the record.[18] Separate requests shall be made for each record desired. Each coordinator shall file all requests and their dispositions in his/her office and make such reports as are requested by the Superintendent or the Board. Filed requests shall be held for a period of at least one year.
Denials
The coordinator shall examine each request to determine whether
the record requested is exempt from disclosure under the Michigan Freedom of
Information Act. If the coordinator
determines that the record is exempt from disclosure, he/she shall issue a
written denial of the request after consultation with the Superintendent. Such a denial shall be made within five days
of receipt of the request or as otherwise provided by law,[19]
2810-R Public Review and
Inspection of Records 2810-R-2
and shall include the reason(s) for the denial and the procedures for appeal of the decision to deny the request.
Should the requested record(s) be classified as exempt but contain information, which is not exempt from disclosure, the coordinator shall delete the exempt material and release the remaining information for inspection or copying.
Subscriptions
Requests for a subscription to documents or records produced regularly by the District must be accompanied by appropriate payment of estimated fees for the period of the subscription or by a credit card record to be used to charge fees on an ongoing basis. Subscriptions may run for up to six months and are renewable.
Delays
If the nature of the request requires additional time to access the records or to make a determination on whether the request will be granted, the coordinator shall give written notice to the person making the request extending the period of response. Such an extension shall be for a maximum of ten business days in accord with law.
Appeals
If a request to inspect or copy a record is denied by a building-level coordinator, the person making the request may appeal the decision within the District by submitting the appeal to the Superintendent in a writing which details the reason(s) for requesting reversal of the denial. The Superintendent shall respond in writing to the request as provided above.
If a request to inspect or copy a record is denied by the
Superintendent, the person requesting access may appeal the decision within the
District by submitting the appeal in writing to the Board for consideration at
the next meeting of the Board. Such
2810-R Public Review and
Inspection of Records 2810-R-3
request(s) shall be submitted to the Superintendent or Board President for scheduling on the agenda of the next Board meeting.
A person whose request has been denied shall be informed of his/her right of appeal in circuit court in accord with law.
Fees
Fees for responding to a request shall be assessed as follows:
a) Photocopying charges of seven cents per page, or if the nature of the duplication necessitates duplication by outside sources, the actual cost of employing such outside sources;
b) Actual mailing costs;
c) Labor costs incurred in duplication and mailing assessed at the hourly wage of the lowest paid employee of the District capable of retrieving, copying, and mailing the information necessary to comply with the request.
d) Labor costs for
search, examination, review, and deletion or separation of exempt from
non-exempt information, at the hourly wage of the lowest paid employee of the
District capable of complying with the request.
Upon receiving a request, the coordinator shall inform the person making the request of the estimated cost for processing the request. If the estimated cost exceeds $50, the coordinator shall require a good faith deposit of one half of the estimated fee before processing the request.
No charge for the first $20 of a fee shall be made to an individual who proves indigency or receipt of public assistance. State guidelines for determining free and reduced cost meals to families shall be used as guidelines to determine indigency.
A record of fees paid shall be kept along with each request. A
record of fees incurred shall be kept for any person making a request who is
exempt from initial fees as
2810-R Public Review and
Inspection of Records 2810-R-4
a matter of District policy, though such fees will not be charged except those in excess of the yearly maximum.
Revenue from copying open records shall be deposited monthly in the general fund of the District.
Safety of Records
To ensure the safety and integrity of records, access to records shall be accorded only under the direct supervision of the coordinator or designated District employee. Original school record(s) are not permitted to leave the premises except as required by law or District policy. Copies of records not exempt from disclosure will be furnished for the appropriate fee.
Computer Records
All new software purchased by the District to maintain records shall incorporate a feature enabling selected data to be exported in a text format for the purpose of complying with requests.
Record Listings
Employees are prohibited from giving or selling lists of any school records to any person except as authorized by law or District policy.
[1] MCL 380. 623; 380.1229 The board of each local and intermediate school district, other than a district that operated as a primary district in 1995-1996, must employ a superintendent. Employment of additional administrators, such as assistant superintendents, principals, and guidance directors, by local school districts is permissive.
[2] MCL 380.1229 (“Employment of a superintendent shall be by written contract. The of the superintendent’s contract shall be fixed by the board, not to exceed 5 years.”)
[3]
[4] MCL 38.91 (7) (“If the controlling board provides in a contract of employment of a teacher employed other than as a classroom teacher, including but not limited to, a superintendent, assistant superintendent, principal, department head or director of curriculum, made with the teacher after the completion of the probationary period, that the teacher shall not be considered to be granted continuing tenure in that capacity by virtue of the contract of employment, then the teacher shall not be granted tenure in that other capacity, but shall be considered to have been granted continuing tenure as an active classroom teacher in the school district.”)
[5] Herald Co, Inc v Kalamazoo Public Schools (No 97-3281 cz). If individual evaluations are part of a deliberative process and are intended to serve as preliminary and advisory information to help the board determine its final action in adapting a “consensus” evaluation, the individual evaluations will not be subject to disclosure under the Freedom of Information Act.
[6] 1990 Mich. Op. Atty. Gen. No. 6668 A board of education may lawfully convene in closed session to review a superintendent’s evaluation pursuant to 8(a) of the Open Meetings Act. However, any final decision regarding an employee must be made at a public meeting. In addition, a written evaluation of a superintendent may not be exempt from the Freedom of Information Act (FOIA), MCL 15.231 et. seq.; MSA 4. 1801 (1) et seq.
[7] Bradley v Saranac Community Schools Bd of Educ (1997) 565 N.W. 2d 650. Exemption from Freedom of Information Act (FOIA) for medical, counseling or psychological evaluations which cannot be revealed if they would disclose individual’s identity did not apply to parent/guardians’ request for personnel records or public school teachers and principals, despite argument that performance evaluations contained in records were counseling evaluations, where definition of counseling did not include employment relationship, and exemption was meant to protect identities of parties which were already known.
[8] MCL 380.1229(2) (“[E]mployment [of assistant superintendents, principals, assistant principals, guidance directors, and other administrators who do not assume tenure] shall be by written contract. The of the employment contract shall be fixed by the board, not to exceed 3 years.”)
[9] State law does not address when salary issues should be presented to, or considered by, the board. The March deadline was chosen because the contract year is typically July 1-June 30 and districts need time to consider non-renewals and demotions before giving statutory notice. Alternatively, the policy could require that recommendations be presented “in a timely manner.”
[10] MCL 380.1229(2)&(3)
[11]
[12] MCL 15.268 (8) (a) A public body may meet in closed session “[t]o consider a periodic personnel evaluation of, a public officer, employee, staff member, or individual agent, if the named person requests a closed hearing.”
[13] MCL 15.231 et. seq.
[14] The Michigan Supreme Court, in Bradley v Board of Education of the Saranac Community Schools, 455 Mich 285; 565 NW2d 650 (1997) recently held: 1. Personnel documents of teachers and principals are not exempt from disclosure pursuant to the Michigan Freedom of Information Act; 2. School districts cannot agree not to disclose certain documents in a collective bargaining agreement—the statute prevails over the collective bargaining agreement; 3. Redaction of records is appropriate only to remove names of individual students and other persons not employed by the school district.
[15] The charging of fees for actual costs is optional, but
must be included in policy if fees are to be charged. MASB recommends having a fee policy in place
to protect the district from large costs associated with complex FOIA
requests. Exempting groups from the fee
is optional, but if desired must be included in policy and should not be done
on a discretionary basis by school personnel.
The groups listed are for example purposes only; Districts should
consult legal counsel for wording to accurately reflect district intent with
regard to exempt groups
[16] MCL 15.234 (1) (“A public body may charge a fee for a public record search, the necessary copying of a public record, or for providing a copy of a public record. Subject to subsections (3) and (4), the fee shall be limited to actual mailing costs, and to the actual incremental cost of duplication or publication including labor, the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information as provided in section 14.”
[17] MCL 15.236 (2) (“[T]he chief administrative officer of the respective public body is designated the public body’s FOIA coordinator.”)
[18] MCL 15.233 (1) (“Except as expressly provided in section 13, upon providing a public body’s FOIA coordinator with a written request that describes a public record sufficiently to enable the public body to find the public record, a person has a right to inspect, copy, or receive copies of the requested public record or the public body.”)
[19] MCL 15.235 (2) (“Unless otherwise agreed to in writing by the person making the request, a public body shall respond to a request for a public record within 5 business days after the public body receives the request by doing 1 of the following:
(a) Granting the request.
(b) Issuing a written notice to the requesting person denying the request.
(c) Granting the request in part and issuing a written notice to the requesting person denying the request in part.
(d) Issuing a notice extending for not more than 10 business days the period during which the public body shall respond to the request. A public body shall not issue more than 1 notice extension for a particular request.