The Board shall be composed of nine members. All terms will be for four years with the terms staggered so that as nearly equal to one-half as possible will expire every two years. The elections are partisan and are to be held at the time of the primary election in even-numbered years.

A. Qualifications: Any person possessing the qualifications for election to public office as provided in Article VI of the Constitution of North Carolina and who is a qualified voter and resident of the system from which he or she seeks to be elected is eligible to serve as a member of the Board.

Any person elected or appointed to the Board and also employed by the Board must resign his or her employment before taking office as a member of the Board.

B. Three members of the Board shall be elected at-large and six members shall be elected from districts. Candidates for district seats and persons elected to district seats must reside within the district.

C. The voting districts to be used for elections of the Board are depicted in maps and are available during normal working hours in the Superintendent's office. References to precincts are to precincts as reported from the most recent Federal Census.

D. Newly elected members shall qualify by taking the oath of office on the first Monday in December as prescribed by G.S. 115C-¬37(d). Following the swearing in of new members in December 1992, and biennially thereafter, the members of the Board shall elect a Chairman and Vice-Chairman to serve for two-year terms.

Oath: “I, ______________, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of the State of North Carolina not inconsistent therewith, and that I will faithfully discharge my duties as a member of the Union County Board of Education, so help me God [omit phrase if affirming].”

E. Vacancies occurring on the Board of a member, for any reason other than by expiration of the term of office shall be filled by appointment of the county executive committee of the appropriate political party. The Board shall consult the county executive committee of the appropriate political party before filling the vacancy, and shall appoint the person recommended by the county executive committee, if a recommendation is made within 30 days of the vacancy. If only the qualified voters of an area less than the entire county were eligible to vote in the general election for the vacating member, the Board must accept the recommendation of the county executive committee only if the county executive committee restricted voting to committee members who represent precincts all or part of which were within the electoral district of the vacating member. To be eligible to fill a vacancy, a person shall be all of the following: a. Registered with the same political party as the vacating member, if that vacating member was elected as the nominee of a political party. b. A resident of the same district as the vacating member, if the vacating member was elected to represent an electoral district of less than the entire county. The person appointed to this vacancy, pursuant to either process, shall serve until the next election of members of the Board is held. At that time the remaining unexpired term of the office in which the vacancy occurs shall be filled by election.

A vacancy shall be declared to exist at the first Board meeting where knowledge is shared that a member will no longer be available to serve.

LEGAL REF.: Merger Plan
N.C. Const. Art. VI.
NCGS 1-514 - 532; 14-22; 8 -234.1; 115C-35 and 37; 163-292

UNION COUNTY BOARD OF EDUCATION
APPROVED: 12/21/92
REVISED: 12/3/96
REVISED: 11/22/05
REVISED: 4/27/10
REVISED: 3/1/11
REVISED: 11/7/17
REVIEWED BY GENERAL COUNSEL: 4/3/18
REVISED: 11/5/19
REVISED: 5/4/21

When a Board member submits his/her resignation the following process will be implemented:

1. At the next regularly scheduled meeting of the Board the Chair will formally accept the resignation and announce the vacancy.
2. The Board shall consult the county executive committee of the appropriate political party before filling the vacancy.

a. Union County Republican Party
https://union.nc.gop/
Post Office Box 2172
Indian Trail, North Carolina 28079
union@district9ncgop.emailnb.com

b. Union County Democratic Party
https://ncunioncountydemocrats.com/
PO Box 81
Monroe, NC 28111
info@ucdemsnc.org

c. Union County Board of Elections
https://unioncountyncelections.gov/
316-B East Windsor Street
Monroe, NC 28112
union.boe@unioncountync.gov

3. The Board shall appoint the person recommended by the county executive committee of the political party of which the vacating member is registered, if that county executive committee makes a recommendation within 30 days of the occurrence of the vacancy.
4. If only the qualified voters of an area less than the entire county were eligible to vote in the general election for the vacating member, the Board must accept the recommendation of the county executive committee only if the county executive committee restricted voting to committee members who represent precincts all or part of which were within the electoral district of the vacating member.
5. To be eligible to fill a vacancy, a person shall be all of the following:

a. Registered with the same political party as the vacating member, if that vacating member was elected as the nominee of a political party.
b. A resident of the same district as the vacating member, if the vacating member was elected to represent an electoral district of less than the entire county.

UNION COUNTY BOARD OF EDUCATION
REVISED: 3/2/21

Legal Status of the Board and District

The Board is a body corporate and shall have general control and supervision of all matters pertaining to the Union County Public Schools and shall have the authority to enforce the school law. In addition, certain general matters relating to judicial and legal, regulatory, research and operation functions are vested in the Board. All powers and duties conferred and imposed by law respecting public schools, which are not expressly conferred and imposed upon some other official, are conferred and imposed by law upon the Board.

1. providing every student with the opportunity to receive a sound basic education as defined by the North Carolina Supreme Court in Leandro v. State;

2. providing leadership and direction through the formulation of goals and objectives, especially in defining and setting high academic standards for student success;

3. creating policies that establish standards, accountability, and evaluation of essential operations of the school system;

4. taking steps necessary to help ensure legal compliance of Board and school system functions;

5. performing judicial functions by conducting hearings as appropriate or as required by law regarding decisions of school system personnel or the Board;

6. hiring a Superintendent, supporting the Superintendent in his/her administration, and evaluating and responding to recommendations made by the Superintendent, including recommendations pertaining to the educational program and facility needs;

7. considering the budget recommended by the Superintendent, presenting the budget to the county commissioners, and adopting a budget after evaluating whether the county commissioners' appropriation is sufficient to support a system of free public schools; and

8. being an advocate for the school system, for employees, and especially for students in all interactions with other governmental entities and the public.

 A.       Visits To Schools

Members of the Board are encouraged to visit schools in order to inform themselves and to gain a clearer understanding of the daily operation of the system.  Questions arising from such visits should be directed to the Superintendent.

In matters relating to the education of their own children, members of the Board act as parents rather than Board members and have the same rights and responsibilities as other parents.

Board members should confer, in the same manner as other parents, with the individual teacher or principal about matters concerning their children.

B.        Individual Board Member Communications With The Public/School Employees Concerning School Matters

The Board encourages citizen participation in the public schools.  State School Board of Education guidelines and local policies provide procedures for such citizen participation.

Individual Board members shall inform any citizen or group of citizens with whom they communicate that in such communications they act only as individuals and not for or on behalf of the Board unless they have been so authorized by official Board action. 

Individual members of the Board shall refrain from meeting with groups of school employees to discuss matters relating to employment or conditions of work without specific authorization by official Board action.

Members should not participate in investigation of matters in which they must exercise their judicial function.  A member shall inform the Board at the appropriate time if that member has been involved in any way, which would prevent that member from being unbiased in his/her judgment.

C.        Handling Complaints/Concerns

Individual Board members shall refer persons having complaints/concerns about school matters to the school employees most directly concerned.  Such persons shall be advised of the normal administrative channels of appeal and urged to use these channels.  When necessary, individual members of the Board shall channel complaints/concerns to the Superintendent.  The Superintendent is responsible for advising the Board member of the disposition of any complaint/concern so referred. 

Individual Board members shall refrain from taking individual action in disregard of administrative channels.  Board members must avoid involvement in matters of which they may have to sit in judgment at a later time.

D.                In-Service and Training for Board Members

Board members are encouraged to avail themselves of opportunities to develop their knowledge and skills as members of the Board through attendance at, but not limited to, regular in-house training events and by participation in area, state, and national meetings of associations of school board members.

Prior to participating in an area, state or national meeting, each board member is to indicate to the Board his/her intention to participate in such a meeting.

At least annually, the Board shall participate in a conference of its members and such persons as may be needed in order to develop their knowledge and understanding concerning issues facing public schools.

Each Board member shall comply with the statutory minimum number of training hours on topics listed in G.S. 115C-50. The calculation of training hours will be run concurrent with the fiscal year (July 1 – June 30) and each member of the Board is responsible for maintaining count of their training hours.  Financial support for this required training shall be reflected in the annual budget. It is noted that the North Carolina School Boards Association (NCSBA) sets a higher standard for training for recognition of Boardsmanship at its annual conference.

Board Members’ Travel and Reimbursable Training Costs

The Board will receive notification and possible hours of training of school board conferences, conventions, and workshops provided by the superintendent’s office and through other regular communication channels.

Each Board member will receive a yearly travel allotment for in-service training that may be used for travel, housing, subsistence, registration fees, or other usual expenses associated with such travel. “Yearly” is defined as a as a fiscal year (July 1 – June 30) for purposes of this policy. This does not include routine, in-county travel expenses.  Yearly travel allotments do not carry over from year to year. This allotment will be set by the Board during annual budget preparation, giving each Board member an equal allotment, and adopted in the final yearly budget approved by the Board.  The budget shall also include an allotment for in-house training for the entire Board that is allotted on a yearly basis that is separate from individual Board members’ allotments.

All new Board members will be provided funds to attend new member orientation provided by NCSBA that will not be charged against the yearly individual allotment. The cost for all Board members to attend any other training will be applied against the Board member’s yearly allotment, with the exception of the NCSBA Annual Meeting. If an individual Board member seeks to attend training that may put the member over the yearly allotment, the individual Board member will, in advance of the conference, seek the approval of the Board. Any overage without the express approval of the Board will be subject to reimbursement by the individual Board member to Union County Public Schools. Such reimbursement shall be paid within 60 days of notification from the Union County Chief Finance Officer/designee.  (See Administrative Guidelines that address this situation.)

Any Board member who attends training will share with the full Board any information, recommendations, and materials acquired at the meeting, including the number of in-service hours acquired.

It is expected that an individual traveling on official Board business will exercise the same care in incurring expenses that a prudent person would exercise if traveling on personal business and expending personal funds. Excess costs, circuitous routes, delays, or luxury accommodations and services unnecessary, unjustified, or solely for the convenience or personal preference of the traveler (including, but not limited to the reimbursement of alcoholic beverages), in the performance of official business are not acceptable or reimbursable under this standard.

E.        Requests for Information    

All requests for information by a Board member to school-based staff shall be made through the Superintendent.  Requests for information from central office-based staff shall be made to any Chief Officer, Deputy, Associate or Assistant Superintendent as well as the Superintendent.   All requests for information by a Board member that will consume a significant amount of time will require the approval of the superintendent (cross-reference Policy #1-2).

F.         Requests for Legal Advice from the Board Attorney

The Board will enter into contracts for legal service to the school district including both legal advice and representation in litigation, as needed.  Any attorney retained by the Board or the superintendent through school district funds represent the legal entity of the school district and not any individual Board member or administrator. 

The superintendent may consult with the board attorney as needed to carry out administrative operations and to protect the Board and school district from liability. 

Other staff may consult with the board attorney following procedures established by the superintendent.

The chairperson of the Board shall decide for Board members when to seek legal advice or assistance on school matters.  In instances where an individual member of the Board desires to consult directly with the board attorney, the board member will notify the chairperson of the legal information to be sought.  If it is determined that legal assistance is necessary and has not been sought previously for this matter, the Board member will be directed to consult individually with the board attorney.  Questions raised by members of the Board and the board attorney’s replies will be reported to all board members.  The chairperson of a Board committee may consult with the board attorney on issues that arise out of and in connection with the committee’s work.  The inquiry and response will be reported to all Board members.

A simple majority of Board members present at any meeting may decide to seek legal advice or assistance from the board’s attorney.

G.        Conflict Of Interest

All Board members are subject to the criminal laws related to conflicts of interest in public office, including strict restrictions against having a pecuniary interest in any business of the Board.  In addition, Board members will not let any personal or business interest interfere with his or her duties as a public official, including those ethical duties as specified in the Code of Ethics For School Board Members, Policy #1-29.

LEGAL REF.:           G. S. 128-1; Const. of North Carolina; Art. VI, Sec. 1, et. seq.; G.S. 14-234, et. seq.; G.S. 115C-36-50

CROSS REF.:           Board Policy 1-2, Authority to Transact Business

                                    Board Policy 1-3, Duties of Board

                                    Board Policy 1-8, Election of Officers and Voting Method

                                    Board Policy 1-22, School Superintendent

                                    Board Policy 1-29, Code of Ethics

UNION COUNTY BOARD OF EDUCATION

APPROVED:            12/21/92

REVISED:                 12/3/96

REVISED:                 5/18/99

REVISED:                 5/1/01

REVISED:                 4/3/07

REVISED:                 3/3/09

REVISED:                 4/5/11

REVISED:                 3/10/15

REVISED:                 12/1/15

REVISED:                 6/5/18  

REVIEWED BY GENERAL COUNSEL: 1/15/20

REVIEWED BY GENERAL COUNSEL: 11/9/20

Board members who attend training conferences or meetings that will put them over the amount of funding allotted to them on a yearly basis for this purpose have this option: Board member shall seek prior approval from the full Board to cover the additional costs beyond the allotted amount.  In the event the Board does not approve the additional costs, reservations will be placed on the UCPS credit card and the Board member will assume fiscal responsibility upon arrival for any amount over his/her allotment balance.

REVISED:                 4/10/11

REVIEWED BY GENERAL COUNSEL: 11/9/20

                                  
The Chair shall be presiding officer of the Board and shall preside at all meetings of the Board, preserve order at all times, shall appoint committees and committee chairs and shall serve as ex-officio member of all committees, call special meetings, and sign official system documents. The Chair will perform all duties required of the office by law and execute all documents on behalf of the Board.    The Chair will serve as the spokesperson for the Board communicating the Board’s position to the public.

In order to address the Board, a member must be recognized by the Chair.  The Chair has the following powers: to rule motions in or out of order, including the right to rule out of order any motions patently offered for obstructive or dilatory purposes; to determine whether a speaker has gone beyond reasonable standards of courtesy in his or her remarks; to entertain and rule on questions of parliamentary procedure; to call a brief recess at any time; and to adjourn in an emergency.

The Chair shall have the same rights as all other Board members including the right to vote on all matters. The exception is the Chair may not make motions while presiding over a debate. The Chair shall decide all questions of order unless otherwise directed by the Board.

A decision to seek legal advice or assistance on school matters shall be made by the Superintendent for the staff and by the Chair for members of the Board.

LEGAL REF.:    G.S. 115C-41(a), -276(b)
            Board Minutes 1-12-93, pg. 6

CROSS REF.:    Board Policy 1-4, Board Responsibilities
Board Policy 1-8, Election of Officers and Voting Method        
            

UNION COUNTY BOARD OF EDUCATION
APPROVED:                 12/21/92
REVISED:                      12/3/96
REVISED:                       4/2/02
REVIEWED:                    5/7/13
REVISED:                    6/5/18
REVIEWED BY GENERAL COUNSEL: 1/15/20
REVIEWED BY GENERAL COUNSEL:    11/9/20
REVISED:                     4/5/22

                              DUTIES OF THE VICE-CHAIR                     1-6

The Vice-Chair of the Board of Education shall assume all the rights and responsibilities of the Chair in the absence of the Chair and shall perform other such duties assigned by the Chair. The Vice-Chair will not automatically become Board Chair should the presiding Chair relinquish his/her position as Chair.  A new Board Chair shall always be elected by a majority of the members of the Board after a quorum has assembled.

LEGAL REF.:          Suggested Rules of Procedure for Small Local Government Boards

                                    (Second Edition – Institute of Government, UNC – printed 1998) –

                                    Rules 7 and 8

                                    Merger Plan

CROSS REF.:           Board Policy 1-1, Election of Board of Education

                                    Board Policy 1-8, Election of Officers and Voting Method

UNION COUNTY BOARD OF EDUCATION

APPROVED:            12/21/92

REVISED:                 12/3/96

REVISED:                 10/4/05

REVISED:                 5/3/11

REVIEWED:            2/6/18

REVIEWED BY GENERAL COUNSEL: 1/15/20

REVIEWED BY GENERAL COUNSEL: 11/9/20

The Superintendent shall be ex-officio secretary to the Board. The Superintendent, or designee, shall keep the minutes of the meetings of the Board but shall have no vote. In the event of a vacancy in the Superintendency, or if the Superintendent or designee is not present for a closed session, the Board may elect one of its members to serve temporarily as secretary to the Board.

• record all proceedings of the Board;

• issue all notices and orders that may be made by the Board;

• manage all correspondence on behalf of the Board, unless the Board directs otherwise;

• prepare and distribute copies of the agenda as required by law and policy;

• maintain Board members' manuals of policies and administrative regulations in current status;

• advise the Board of policies previously adopted that affect items on the agenda requiring policy consideration;

• in the absence of the chairperson and vice-chairperson, call the board meeting to order and conduct the election of a chairperson pro tempore;

• perform other duties as required by state law or policy; and

• otherwise be executive officer of the Board.

Voting shall be by voice vote or by a show of hands on all matters before the Board, when the members meet in person.  Electronic meetings may be held to deliberate on, vote on or otherwise transact public business.  All regulations which apply to official meetings of the School Board such as prior notification of the meeting, being open to the public and the keeping of minutes apply to electronic meetings.   In case of a division, the minutes shall reflect how each member voted and the abstention of any member(s) present.

Voting for the election of Board members and Board officers shall be in accordance with this policy.

In cases where new Board members have been elected and officers have not yet been selected, the Superintendent shall preside at the Board meeting until the Chair is elected.

A Chair and Vice-Chair shall be elected by the Board at the first meeting in December after the biennial election and shall take office upon election.  No nominee shall be elected unless that person receives the vote of the majority of the Board members present provided a quorum is in attendance.  These officers are elected to serve for two-year terms.

If the Chair or Vice-Chair resigns from his/her office on the Board, the position shall be filled as described above at the next regular meeting.

A Board member should vote on all issues unless there is a conflict of interest or is unable to remain impartial in a judicial matter before the Board, which shall be so stated before the vote is taken.

The reason for a conflict of interest will be recorded in the minutes.

LEGAL REF.:    NCGS 115C -37 and 41
                               NCGS 143-318.13 (a) and (b)
Merger Plan-Page 11, section 5 (e)    
Crump v. Board of Education, 93 N.C. App. 168, aff'd, 326 N.C. 603 (1990)
N.C. Attorney General Advisory Opinion, 54 Op. Att'y. Gen. 86 (1985) 

CROSS REF.:    Board Policy 1-1, Election of Board of Education
            Board Policy 1-4, paragraph G, Board Responsibilities
            Board Policy 1-19, School Superintendent
    
UNION COUNTY BOARD OF EDUCATION
APPROVED:                 12/21/92
REVISED:                           5/3/94
REVISED:                        12/3/96    
REVISED:                    10/4/05    
REVISED:                    4/5/11
REVIEWED:                    2/6/18
REVIEWED BY GENERAL COUNSEL: 1/15/20
REVIEWED BY GENERAL COUNSEL:    11/9/20
REVISED:                    4/5/22

The Board will organize committees for the purpose of conducting thorough deliberations and investigations of issues and informing and recommending action to the Board as appropriate.

Every meeting or assembly at any place or any time, or the simultaneous communication by conference telephone or other electronic means of a majority of the members of the Board for the purpose of conducting hearings, participating in deliberations, or otherwise transacting the business of the Board shall constitute an official meeting.  These meetings must be open to the public, and except for emergencies, be announced to the media 48 hours in advance of the meeting.

Any social meeting or other informal assembly of the members of the Board shall not constitute an official meeting.  No such social or informal meeting shall be called or held for the purpose of evading the spirit and purposes of Article 33B, Chapter 149 of the General statutes of North Carolina.

The Board may hold regular, special and emergency meetings or work sessions, all of which shall be open to the public.  The Board may go into closed sessions during regular, special and emergency meetings or work sessions and exclude the public as authorized by G. S. 143-318.11.

The Board, as a corporate body, may transact business only at official meetings of the Board. An individual Board member has no authority to act absent the delegation of authority by the Board at an official meeting.

TYPES OF MEETINGS

While the Board is determined to operate efficiently, it also is mindful of the importance of thoughtful planning and discussion prior to taking formal action. Regular meetings will be held at a predetermined time and place to conduct the business of the Board. In addition, the Board may hold specially-called meetings and emergency meetings as it deems necessary to act in a timely manner and provide its members and executive staff with the opportunity to have an exchange of ideas and receive input from other staff, parents, students, and the community.

AGENDA

To expedite Board business and to provide a framework for its orderly conduct, the Superintendent, in cooperation with the Chair, will prepare an agenda outlining the matters to be brought to the Board’s attention at meetings.

TIME AND PLACE

The Board shall establish by ordinance, resolution or otherwise, a schedule of regular meetings.  A current copy of said schedule, showing the time and place of the regular meetings shall be kept on file in the Superintendent’s office.

Changes in the schedule of regular meetings shall result in a revised schedule being publicized at least 48 hours prior to the meeting.

Notice of an adjourned or recessed session of a regular or other meeting shall be given during the regular or other meeting.  Any other meeting, except an emergency meeting, shall require a written notice of the Board.  An emergency meeting shall require notice of the meeting to be given to the local media either by telephone or otherwise.  Only business connected with the emergency may be considered at an emergency meeting.

RULES OF ORDER

The procedural operation of the Board shall be based upon the guidelines offered in the following publications in order of authority:   1) Union County Public Schools Board of Education Policy Manual, 2) Suggested Rules of Procedure for Small Local Government Boards, 2nd Edition, A. Fleming Bell, II, Institute of Government, The University of North Carolina at Chapel Hill and Addendum to Suggested Rules of Procedure for Small Local Government Boards, 2^nd Edition, A. Fleming Bell, II, Institute of Government, The University of North Carolina at Chapel Hill, and 3) Roberts’ Rules of Order Newly Revised, 10th Edition. The membership of the Board is defined as total membership of the Board excluding vacant seats only.

MINUTES OF MEETINGS

The minutes of the Board shall contain an abstract of relevant discussions and the decision of the Board during all official meetings.  The minutes of Board meetings shall be presented for approval as soon as possible at a succeeding regular Board meeting before becoming official public documents.  Each member shall be sent a copy of the minutes of each meeting, prior to the meeting, at which they are to be approved.  The approved minutes shall be filed in the Superintendent’s office as a permanent record of official Board proceedings.

Minutes of Board meetings (upon adoption) are public documents and are open to inspection by the public on the dates and hours that the Superintendent’s office is open for business.

A general account of closed sessions, including minutes shall be kept in written form or recordings, as provided by statute.  General accounts and minutes of closed sessions will be sealed from public inspection and kept in the Superintendent’s office.  These documents will be withheld from public inspection so long as public inspection would frustrate the purpose of a closed session.  These sealed documents shall be reviewed at least annually by the Board Attorney in order to determine which documents may be unsealed.

 SPECIAL OR CALLED MEETINGS

The Board shall meet in special session upon the request of Chair or upon the request of three Board members.

OPEN MEETINGS LAW COMPLIANCE

The Board will comply with the open meetings law, including notice of meetings.

LEGAL REF.:          G.S. 143-318.9 - 12; 115C-4; 143-318.14

                                    G.S. 115C-276(b)

                                    G.S. 115C-41,-51                              

UNION COUNTY BOARD OF EDUCATION

APPROVED:           12/21/92

REVISED:                 12/3/96

REVISED:                 3/5/02

REVISED:                 3/20/07

REVISED:                 4/9/13

REVISED:                 6/5/18

REVIEWED BY GENERAL COUNSEL: 10/7/19

REVIEWED BY GENERAL COUNSEL: 11/9/20

Addendum to: Suggested Rules of Procedure for Small Local Government Boards,

2^nd Edition, A. Fleming Bell, II

Institute of Government, The University of North Carolina at Chapel Hill

Rule 1.  Regular Meetings

The board shall hold a regular meeting on the first Tuesday of each month, except that if a regular meeting day is a holiday or an election day, the meeting shall be held on the next business day or on an alternate date determined by the board.  The meeting shall be held in the schools on a rotating schedule determined by the superintendent and shall begin at 7:00 p.m.  The board may hold a work session on the third Tuesday of each month, except that if a work session day is a holiday, the meeting shall be scheduled on an alternate date as determined by the board.  The work session shall be held in the boardroom of the school offices or as determined by the board.  A copy of the board's current meeting schedule shall be filed with the Public Information Officer of Union County Public Schools (UCPS).

Rule 2.  Special, Emergency, And Recessed (Or Adjourned) Meetings

Notification of all meetings shall be provided by the Public Information Officer of UCPS.

Specially-Called Meetings

Generally Specially-called meetings may be scheduled in between regular meetings of the board. Work sessions, retreats, and public hearings are specific types of specially-called meetings. The board chairperson (or the vice-chairperson, if the chairperson is not available) or the superintendent may call special meetings when necessary to conduct business that cannot reasonably be handled at regular meetings. The board chairperson or superintendent shall call a special meeting if a majority of the members of the board so requests.

Retreats and workshops are specially-called meetings that may be scheduled in order to give the board more time to deliberate or evaluate issues. The chairperson or superintendent will schedule a retreat or workshop upon a majority vote of the board.

Public hearings are official proceedings during which members of the public are given an opportunity to be heard. Public hearings may be required by law or deemed advisable by the board. Public hearings that are not required by law may be scheduled when the chairperson or superintendent determines that the public hearing is advisable or when a majority of the members of the board so requests. Notice of all public hearings will be provided as required by law and will include the subject, date, place, and time of the hearing as well as any rules regarding participation, such as the length of time for each speaker. The purpose of a public hearing is to gather information and hear opinions from the community. Generally, board members will respond only to seek clarification. At the appointed time, the chairperson or designee will call the hearing to order and preside over it in accordance with any rules regarding participation adopted by the board. When the allotted time expires or when no one wishes to speak, the chairperson or designee will declare the hearing ended.

Emergency Meetings

An emergency meeting may be called in order to address generally unexpected circumstances that require immediate consideration by the board. The chairperson, or the vice-chairperson, if the chairperson is unable or unwilling to act, or superintendent shall call an emergency meeting when it is determined that the meeting is necessary.

Rule 3.  Organizational Meeting

On the date and at the time of the first regular meeting in December, following the November election of board members, the newly elected members shall take and subscribe the oath of office and the code of ethics as the first order of new business.  As a second order of business, the board shall elect a chair and a vice chair.

Rule 4.  Agenda

(a)    Proposed agenda.  The superintendent and the chair shall prepare a proposed agenda for each meeting.  A request to have an item of business placed on the agenda should be received at least one week before the meeting.

A copy of all proposed policies, regulations, or resolutions shall be attached to the proposed agenda.  An agenda package shall be prepared that includes, for each item of business placed on the proposed agenda, as much background information on the subject as is available and feasible to reproduce.  Each board member shall receive a copy of the proposed agenda package at least two (2) business days before the meeting.  A copy shall also be available for public inspection and/or distribution when it is distributed to board members.

Rule 5.  See Board Policy #1-12, Public Participation At Board Meetings

Rule 7.  Presiding Officer

The chair shall vote in all cases unless the chair abstains due to a conflict of interest.

If the chair is absent, the vice chair shall preside.

If the chair becomes actively involved in debate on a particular matter, he/she may designate another board member to preside over the debate.

Rule 8.  Action by the Board

Any member, except the person presiding, may make a motion.

Rule 9.  Second Not Required

All motions, except those submitted by board committees, will require a second.

Rule 16.  Procedural Motions

            Motion 5.  To Suspend the Rules

            For adoption, the motion requires an affirmative vote equal to two-thirds (2/3)

            of the entire membership of the board.

            Motion 9.  To Defer Consideration

            A substantive motion, the consideration of which has been deferred, expires

            100 days thereafter unless a motion to revive consideration is adopted.

            Motion 10.  Motion For the Previous Question

            The motion is not in order until there have been at least 20 minutes of debate

            and every member has had an opportunity to speak once.

            Motion 13.  To Amend

            A substitute motion is allowed and is treated as an amendment to the motion

            for which it is substituted.  Refer to RONR, 10^th Edition.

            Motion 14.  To Revive Consideration

            The motion is in order at any time within 100 days after the day of a vote to

defer consideration.  A substantive motion on which consideration has been deferred expires 100 days after the deferral unless a motion to revive consideration is adopted.

Motion 17.  Delete Motion 17.

Rule 19.  Duty to Vote 

A board member should vote on all issues unless there is a conflict of interest which shall be so stated before the vote is taken.  The reason for a conflict of interest will be recorded in the minutes.  (See Policy #1-8, Election of Officers and Voting Method.)

Rule 22.  Quorum

A majority of the membership of the board shall constitute a quorum.  The chair shall be considered a member of the board in determining the number on which a majority is based and in counting the number of members actually present.  If a quorum is not present at any meeting, the chairperson will postpone the meeting until such time as a quorum can be present, provided adequate notice is given pursuant to the Open Meetings Law. Proxy voting will not be recognized by the board.

Rule 25.  Appointment

The board may consider and make appointments to other bodies, if any, only in open session.  The board may not consider or fill a vacancy among its own membership except in open session.  See Policy #1-5, Duties of the Chair, for appointment to school board committees.

The board shall use the following procedure to make appointments to various other boards and committees.  An ad hoc nominating committee of the board shall report on nominations received and reviewed and make its appointment recommendations, if any.  The chair shall open the floor for nominations, whereupon the names of possible appointees may be put forward by the board members.  The names submitted shall be debated.  When the debate ends, the chair shall call for a vote.

The nominee(s) receiving a majority of the votes shall be appointed.  If more than one appointee is to be selected, then each appointee shall be selected with a separate vote.

Rule 26.  Committees and Boards

The board may establish and appoint members (according to its policy) for such temporary and standing committees and boards as are required by law or needed to help carry on the board's work.

Rule 27.  Amendment of the Rules

These rules may be amended at any regular meeting or at any properly called special meeting that includes amendment of the rules as one of the stated purposes of the meeting, unless a statute or a rule of the body that created the board provides otherwise.  Amendments shall be made in accordance with board policy.

LEGAL REF.:           Iredell County Bd. of Educ. v. Dickson, 235 N.C. 359 (1952), Edwards                                     v. Yancey County Bd. of Educ., 235 N.C. 345 (1952) 115C-41(b); 143-                                      318.10; 143-318.12

UNION COUNTY BOARD OF EDUCATION

APPROVED: 3/5/02

REVISED:     9/6/16  

REVIEWED BY GENERAL COUNSEL: 11/9/20

Any regular, special or emergency meeting at which a quorum of the Board, or other group subject to the state open meetings law, is present may move into a closed session by a vote of the majority of the Board members present, provided that no previously announced regular or special meeting shall be exclusively a closed session. The motion for a closed session shall specify the pertinent statute and the category of the matters to be considered in the closed session. Where a meeting is intended to be primarily a closed session, good faith effort will be made to notify the public of this fact.

1. if the Board has approved or considered a settlement in closed session, the terms of that settlement will be reported to the public body and entered into its minutes as soon as possible within a reasonable time after the settlement is concluded. The report should be made in open session unless there is a basis for the report to be heard only in closed session; and

 

2. final action making an appointment or discharge or removal by the Board having final authority for the appointment or discharge or removal.

1. to discuss general policy matters or other issues that would be open merely because an attorney employed or retained by the Board is a participant; and

 

2. to consider the qualifications, competence, performance, character, fitness, appointment, or removal of a member of the Board or another body, or to consider or fill a vacancy among its own membership.

Board meetings are conducted for the purpose of carrying on the official business of the school district.  The public is cordially invited to attend Board meetings to observe the Board as it conducts its official business. The Board also live streams open session meetings and makes them available for view immediately or at a later date. 

The Board, as an elected representative body of the school district, also wishes to provide a forum for citizens to express interests and concerns related to the school district.  To provide an opportunity for input while conducting an orderly meeting, individuals or groups may be heard by the Board in accordance with this policy or policy 1-13 Public Hearings.  

REQUESTS TO PLACE ITEM ON THE AGENDA

In order that the Board may fairly and adequately discharge its overall responsibility, citizens desiring an item to be placed on the agenda for a specific Board meeting should direct written requests to the Superintendent at least seven (7) working days prior to the meeting.

The request should include:

•    the name and address of the person or persons making the request;
•    the organization or group, if any, represented; and
•    brief explanation of the nature of the item. Questions and/or materials to be presented to the Board are to be submitted along with the request.   

Additional items may be added to the agenda by the Board on a two-thirds vote of the Board members.

The Superintendent will confer with the Chairperson of the Board concerning whether to approve placing the requested item on the agenda, and to determine the appropriate meeting for such discussion.   

The Superintendent, with the consent of the Board Chairperson, will accept or deny a request for inclusion on the agenda for any reason determined appropriate by the Superintendent and Chairperson.

The Superintendent will explain any other processes available for addressing the concerns.

The Superintendent will notify the requesting party of the response to the request.  The Board may, by two-thirds vote and notwithstanding prior denial by the Superintendent, consent to hear a presentation where the appeal to speak is made immediately prior to or during the course of the meeting.

REQUESTS TO ADDRESS THE BOARD

A part of each regularly scheduled Board meeting will be set aside for citizens to address the Board through public comment. If the Board does not hold a regular meeting during a month, the Board will not provide a time for public comment at any other meeting held during that month. The following is the procedure for the public comment period:

1.    The Board regularly sets aside thirty-minutes for public comment. Each speaker will be allotted three (3) minutes for comments. 

2.    The sign-up list will be limited by the initial thirty-minute time allotted to speakers. A waitlist will be collected. In the event a waiting list exists a maximum of 60 minutes will be authorized. Speakers will also be allowed to sign up at the meeting to speak.  Residents, parents, students, and employees of the district will receive priority on the list of speakers. 

3.    If a speaker is unable to present his or her information within the specified time allotted, the speaker may provide the Board with the information in written form.  Any handouts will not be distributed to the Board but will be left at the podium to be distributed at the close of the meeting.

4.    The Board may provide for the designation of spokesperson for groups of persons supporting or opposing the same position. 

5.    The Board may provide for the selection of delegates from groups of persons supporting or opposing the same positions when the number of persons wishing to attend the meeting exceeds the capacity of the meeting room. 

6.    If a speaker chooses not to speak or is not present at the time he or she is called, the Chair will move to the next speaker on the list.

7.    The Board will establish a method for keeping track of the time. Speakers shall stay within the time limit.

8.    The individual listed on the sign-up sheet must be the individual addressing the Board of Education. 

9.    Speakers may not give their time to another speaker or trade their time slot with another speaker. 

10.    Speakers are welcome to offer comments or criticism directed at substantive ideas, actions, or procedures of the Board and individual Board members. In the interest of maintaining civility and decorum, however, speakers are encouraged to refrain from personal attacks and insults directed at the Board, individual Board members, staff, or members of the general public.

11.    The laws and policies of North Carolina provide that issues or concerns involving individual personnel matters are confidential, and therefore, not appropriate for public comment settings. Concerns related to personnel issues may be addressed through applicable district personnel, the grievance policy, or other applicable policies. The Board chair will identify these persons at the beginning of the public comment period. 

12.    Speakers, including students, may discuss issues and matters of general concern, but should refrain from discussing confidential student information. Concerns related to confidential student matters may be addressed through applicable district personnel, the grievance policy or other applicable policies.

13.    The Board will not hear vendor solicitations during public comments. All such solicitations shall be addressed through the applicable district personnel.

14.    No sign shall encroach upon or obstruct the view of others.

15.    Board members will not respond to individuals who address the Board; however, Board members may address the Chairperson to request further clarification.  In response the Chairperson may direct the Superintendent to investigate concerns and respond appropriately to the presenter. 

16.    Visitors may not take part in Board discussions by asking questions or making comments. 

17.    Persons who willfully interrupt, disrupt, or cause disturbances at an official meeting may be directed to leave by the presiding officer. Members of the audience should show respect for the speakers by refraining from loud comments or other disruptions. Disruptions by any person or persons of a public meeting will be subject to action in accordance with G.S. 143-318.17.

Citizens wishing to be placed on a list of speakers for a Board meeting must include the following information in their report:

o    Name, address, and phone number of person(s) who desires to appear before the Board.
o    A brief statement describing the nature of the business to be brought to the Board.
o    Persons wanting to speak shall use the district’s on-line platform available on the Board of Education page under “Public Comments”. A sign-up sheet will also be available until fifteen minutes prior to the announced start time of the meeting for any individual to indicate a desire to address the Board. Speakers will only be placed on the list for the upcoming meeting. Speakers may sign up for the next public comment period once the on-line platform opens on the day following each regularly scheduled monthly Board meeting.

18.    At any time, the Board may establish additional procedures to ensure that public comment sessions proceed in an efficient and orderly manner.

REPORTS OF COMPLAINTS

Complaints about the performance of school personnel, implementation of Board policy, the quality of the educational program or school facilities should be submitted initially for           
a response to the school district official responsible for the program or facility or to the Superintendent.  The Superintendent or designee will make available this Board policy and other relevant grievance procedures to any individual or group submitting a complaint.

The Board will not hear personnel or confidential student issues in the public comment section of the meeting.  In the event the Board and Superintendent need to hear items protected by law, a closed session meeting of the Board may be scheduled for that purpose at the discretion of the Board.  The same procedures used for hearing public comments at Board meetings will apply in such meetings.  Vendors or other sales persons seeking to do business with the district should address their request with the appropriate department.

LEGAL REF.:    N.C.G.S. § 143-318(a) (1) & (6); 143-318.10 and -318.17, N.C.G.S. §115C-36, -51

CROSS REF.:    Board Policy 1-10, Board Meetings
        Board Policy 1-13, Public Hearings
        Board Policy 1-19, School Superintendent

UNION COUNTY BOARD OF EDUCATION
APPROVED:                 12/21/92
REVISED:                     3/7/95
REVISED:                      12/3/96
REVISED:                     2/4/97
REVISED:                    3/2/99    
REVISED:                      3/4/03
REVISED:                    3/21/06    
REVISED:                    3/6/12
REVISED:                    9/4/12
REVIEWED BY GENERAL COUNSEL: 4/3/18
REVISED:                     2/4/20
REVIEWED BY GENERAL COUNSEL: 11/9/20
REVISED:                    6/1/21
REVISED:                    9/7/21
REVISED:                    4/5/22

PUBLIC HEARINGS                                    1-13

                                                                                                       (Page 1 of 2)

The Board shall conduct public hearings at its discretion. The purpose of a public hearing is for the Board to hear views expressed by citizens and to gather information pertinent to issues or decisions that must be made or are under deliberation by the Board. At the hearing, the Board is not in session to answer questions, but is there solely to gather information and opinions. Comments made by Board members must be in the nature of clarifying and informing.

The following procedures will govern public hearings:

1.        Persons wishing to address the Board during the Comments-Public time

must contact the Assistant Superintendent for Communications and Community Relations prior to and not later than 5:00 p.m. on the day of the meeting. Persons wishing to address the Board but miss the 5:00 p.m. deadline may sign up to speak at the hearing site. Sign-up sheets will be available at the hearing site 30 minutes prior to the start of the meeting.

2.         After the meeting has been officially opened, the Board Chair will briefly

state the purpose of the hearing, the issues involved, the limits of the topics to be discussed, and the time limit of the meeting. These procedures are to be approved by the Board at the beginning of each hearing.

3.         Speakers shall have a maximum time for individual and group presentations of three (3) and five (5) minutes respectively.

4.         Each speaker will be limited to the maximum time set forth above.

5.         Speakers will be called by sign up order. If a person is not present when

            his/her name is called, his/her time shall be forfeited.

6.         When called upon by the Chair, each speaker should again state his/her name and address. If representing a group, the speaker shall also identify the group.

7.         All remarks made by persons speaking must be addressed to the Chair.

8.         Lengthy statements shall not be read. If anyone feels his/her comments

would of necessity exceed the time limit, he/she may submit additional materials to the Board in writing.

9.         Any Board member, when recognized by the Chair, may ask a speaker

            questions to secure additional information or to clarify information.

10.       The proceedings of the hearing and the comments made by the speaker

            will be recorded.

PUBLIC HEARINGS                                           1-13

                                                                                                       (Page 2 of 2)

11.      No action will be taken at a hearing. The issue may be placed on the agenda

           of a subsequent Board meeting.

LEGAL REF.:          G.S. 143, Article 33C

UNION COUNTY BOARD OF EDUCATION APPROVED:             12/21/92

REVISED:                 12/3/96

REVISED:                 10/4/05

REVISED:                 4/5/11

REVISED:                 1/4/18

REVIEWED BY GENERAL COUNSEL: 2/18/20

REVIEWED BY GENERAL COUNSEL: 11/9/20

Members of the Board shall be paid for each regular and each called meeting.  In-state travel expenses related to School Board duties will be reimbursed as authorized.

Board members’ travel and expenses will be reimbursed according to Policy 1-4.

The Union County Commissioners shall establish a per diem salary for Board meetings.

LEGAL REF.:          N.C.G.S. 115C-38 and 153A-92

CROSS REF.:           Board Policy 1-4, Board Responsibilities

APPROVED:            12/21/92

REVISED:                 12/3/96

REVISED:                 9/5/06

REVISED:                 3/6/12

REVIEWED BY GENERAL COUNSEL: 4/3/18

REVIEWED BY GENERAL COUNSEL: 2/18/20

REVIEWED BY GENERAL COUNSEL: 11/9/20

The Union County Board of Education recognizes that the public schools are an integral part of the community and that the public has a vested interest in having students develop into productive members of the workforce and society. School partnerships with, but not limited to, businesses, community groups, social agencies, and other entities are encouraged by the Board to promote leadership and guidance necessary to ensure student success in the workplace or in further education.

It shall be the policy of the Union County Board of Education to support and encourage school or district partnerships through one or more of the following: the participation of its Superintendent (or designee), its employees, and / or its appointment of a Board member to serve on specific partnership councils.

Legal Reference:       G. S. 115C-12(9)c3, -36, -47

UNION COUNTY BOARD OF EDUCATION

APPROVED:            12/21/92

REVISED:                 12/3/96

REVISED:                 11/13/07

REVISED:                 1/7/14

REVIEWED BY GENERAL COUNSEL: 4/3/18

                                            
The Board strives to resolve concerns and complaints of employees, students and parents whenever possible.  To this end, the Board has provided opportunities for employees, students and parents to express their concerns through processes established in Board policies.  

This policy provides employees, parents/guardians/custodians and students procedures for appeals of decisions made by a school official (teacher, administrator, or other support personnel).  No reprisals of any kind will be taken by the Board or by an employee of the school system against any grievant or other student or employee because of his or her participation in a grievance filed and decided pursuant to this policy.

Any parent, student, or employee who has questions about the options for proceeding with a complaint or concern may contact the principal or superintendent for further information and copies of all applicable Board policies. 

Persons who have difficulty preparing appeals because of writing or language difficulties shall receive assistance upon request.  The grievant may have a representative, including an attorney, at any stage of the grievance.  However, if the grievant intends to be represented by legal counsel, he or she must notify the appropriate school official in advance so that school personnel also will have the opportunity to be represented by legal counsel. The Board and school system officials will consider requests to hear grievances from a group of grievants, but the Board and officials have the discretion to hear and respond to grievants individually. All meetings and hearings conducted pursuant to this Policy will be private.

Unless another Policy or Administrative Guidelines to a Policy prescribes a process, appeals shall be governed by the following procedures:

A.    Definitions 

•    Days. Days are working days, exclusive of Saturdays, Sundays, vacation days, or holidays, as set forth in the school calendar.  In counting days, the first day will be the first full working day following the receipt of the grievance.  After May 1, time limits will consist of all weekdays (Monday - Friday) so that the matter may be resolved before the close of the school term or as soon thereafter as possible.
•    Final Administrative Decision. A final administrative decision is a decision of a school employee from which no further appeal to a school administrator is available.
•    Grievance (includes both complaints and appeals). A grievance is a formal complaint regarding specific decisions made by school personnel that alleges that such decisions have adversely affected the person making the complaint.  A grievance includes, but is not limited to, circumstances such as when a student or parent believes that Board policy or law has been misapplied, misinterpreted or violated.  The term "grievance" does not include any matter for which the method of review is prescribed by law, for which there is a more specific Board policy providing a process for addressing the concern, or upon which the Board is without authority to act.  Claims of discrimination, harassment or bullying must be processed under either Policy 3-7 Prohibition Against Racism, Unlawful Discrimination, Harassment, Bullying (Employees), or 4-7 Prohibition Against Racism, Unlawful Discrimination, Harassment, Bullying (Students).
•    Grievant. The grievant is the parent, student or group of parents or students submitting the grievance/appeal/complaint.
•    Official. The official is the school system employee hearing and responding to the grievant. 

B.    Filing - Whenever a person believes that s/he has been adversely affected by a decision of a school employee, the person may file a grievance/appeal as provided in this policy.

C.    Form - A person who has a grievance must provide the following information in writing to the appropriate official designated at each level below:  (1) the name of the school system employee or other individual whose decision or action is at issue; (2) the specific decision(s) or action(s) at issue; (3) any Board policy, state or federal law, state or federal regulation, or State Board of Education policy or procedure that the parent or guardian or student believes has been misapplied, misinterpreted or violated; and (4) the specific resolution desired.  

D.    Timeliness of Process - The number of days indicated at each step of the process should be considered a maximum, and every effort should be made to expedite the process.

A grievance/appeal must be filed as soon as possible but no later than 30 days after disclosure or discovery of the facts giving rise to the grievance.  For a grievance/appeal submitted after the 30 day period that claims a violation, misapplication or misinterpretation of state or federal law, the Superintendent or designee shall determine whether the grievance/appeal will be investigated after considering factors such as the reason for the delay; the extent of the delay; the effect of the delay on the ability of the school system to investigate and respond to the complaint; and whether the investigation of the complaint is necessary to meet any legal obligations.  However, grievants should recognize that delays in filing a grievance may significantly impair the ability of the school system to investigate and respond effectively to such complaints. 

Failure by the official at any step to communicate a decision within the specified time limit will permit the grievant to appeal the grievance to the next step unless the official has notified the grievant of the delay and the reason for the delay, such as the complexity of the investigation or report.  The official shall make reasonable efforts to keep the grievant apprised of progress being made during any period of delay.  Delays that interfere with the exercise of the grievant's legal rights are not permitted. 

Failure by the grievant at any step of the process to appeal a grievance to the next step within the specified time limit will be considered acceptance of the decision at the current step, unless the grievant has notified the official of a delay and the reason for the delay and the official has consented in writing to the delay.

E.    School and/or Department Level Appeals – Appeals of decisions made at the school or department level should begin at that level.  The school administration or director will conduct any investigation of the facts necessary and respond to such appeals within 10 calendar days of receiving notice of appeal. Even if the school administration or director is the employee whose decision or action is at issue, the grievant must submit the grievance first to that person in order for him/her to address the issue within the formal process.  If, however, the grievance claims that a state or federal law has been misapplied, misinterpreted or violated, the grievant may submit the grievance directly to the Superintendent or designee.

F.    Superintendent Level Appeals – If the matter is not resolved at the school or department level, the employee, parent/guardian/custodian and/or student may file an appeal with the Superintendent.  Such appeals shall be made in writing and mailed or hand delivered to the Superintendent's office not later than 15 calendar days after the notice of the school or department’s decision.  The Superintendent will conduct any investigation of the facts necessary and respond to such appeals in writing, within 10 calendar days of receiving notice of appeal, unless further investigation is needed. In responding, the Superintendent will not disclose information about other students or employees that is considered confidential by law.

G.    Board Level Appeals – If the matter is not resolved at the Superintendent’s level, the employee, parent/guardian/custodian and/or student may request an appeal to the Board of Education.  Such appeals should be made in writing and mailed or hand-delivered to the Superintendent within 15 calendar days of being notified of the Superintendent’s decision.  All hearings will be heard by Board panels, or two or more members, except when a full Board hearing is required by law.  Where appropriate, Board panel decisions represent the full Board and as such are not appealable to the full Board.  The Board will provide a written response within 30 days after receiving the grievance, unless further investigation is necessary or the hearing necessitates that more time be taken to respond.

The Board of Education will hear appeals regarding:

1.    The assignment of a long-term suspension (more than 10 days; more than 6 days for condensed academic terms) to or the expulsion of a student Article 27 of Chapter 115C of the North Carolina General Statutes.  Parents/ guardians/custodians and/or students may submit written documents to support their case and will have the opportunity to appear before the Board panel to present their case in closed session.  Legal counsel may be present.  
    
Expulsion hearings will be heard by the full Board in closed session. Parents/guardians/custodians and/or students may appear before the full Board to present their  case, and legal counsel may be present.

2.    School Assignment Decisions, G.S. 115C-369

Appeals of school assignments will be considered by the Board in closed session. Parents/custodians/guardians and/or students may submit written documentation to support their case and will have the opportunity to appear before the Board panel to present their case in closed session.  Legal counsel may be present.  

3.    Loss of credit or retention due to number of absences – Union County Public Schools Attendance Policy 4-1.

Appeals of loss of credit or retention due to the number of absences will be considered by the Board in closed session. Parents/guardians/ custodians and/or students may submit written documentation or sworn affidavits to support their case, but they will not appear before the Board.

4.    Driver’s license revocations, G.S. 20-11(N)(1).

Appeals of driver’s license revocations will be heard by the Board in closed session. Parents/guardians/custodians and/or students may submit written 
documentation or sworn affidavits to support their case, but they will not appear before the Board.

5. The terms or conditions of employment or employment status of a school employee.

6.    Any other decision that by statute specifically provides for a right of appeal to the local Board of education and for which there is no other statutory appeal procedure.
 
7.    Appeals of a decision of the Superintendent that alleges violations of a specified federal or state law, federal or state regulation, State Board of Education policy or procedure, or local Board policy or procedure.

The Board will not hear appeals regarding the following subjects except as covered by section 7. above:

•    A student’s grade in a course or on a test.
•    A decision regarding participation in extra-curricular activities.
•    A student’s schedule or the teacher assigned to teach that class.
•    The classification of a student’s absences as lawful or unlawful.
•    Participation in commencement or promotion exercises.
•    Short-Term Suspensions and any other disciplinary consequences which do not result in a removal from school.

In its sole discretion, the Board may choose to hear other appeals.

Resolution of Issues for Children of Military Families

The grievance procedure provided herein, may be utilized by parents or guardians who disagree with a decision pertaining to education records, enrollment or eligibility for enrollment, placement, attendance, extracurricular activities, or graduation of a child of a military family, or a rule (defined as a written statement by the Interstate Commission promulgated pursuant to Article XII of the Compact that is of general applicability, implements, interprets or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of rules promulgated under the Administrative Procedures Act as found in Chapter 150B of the North Carolina General Statutes, and includes the amendment, repeal, or suspension of an existing rule). 

In addition, parents or guardians may seek informal resolution of such decisions at any time by contacting the office of the North Carolina Department of Public Instruction (NCDPI) Military Liaison or the North Carolina Commissioner of the North Carolina State Council for the Interstate Compact on Educational Opportunity for Military Children. 

LEGAL REF.:    N.C.G.S. 115C-12(18)(f), -45 (c), -288(m), -369, -392, -407.2
        N.C.G.S. Chapter 115C, Article 27
        N.C.G.S. 20-11(N)(1)

CROSS REF.:     Board Policy 1-11, Closed Sessions
Board Policy 4-1, Attendance
Board Policy 4-3, Student Discipline
Board Policy 4-3, Code of Student Conduct, Administrative Guidelines
Board Policy 3-7, Prohibition Against Racism, Unlawful Discrimination, Harassment, Bullying (Employees), 
Board Policy 4-7, Prohibition Against Racism, Unlawful Discrimination, Harassment, Bullying (Students)
Board Policy 4-13, Student Assignment
Board Policy 3-7a, Sexual Harassment (Employees), Title IX Sexual Harassment Grievance Process, Administrative Guidelines
Board Policy 4-7a, Sexual Harassment (Students), Title IX Sexual Harassment Grievance Process, Administrative Guidelines
Board Policy 4-7b, Racism, Discrimination, Harassment and Bullying Complaint Procedure for Students

UNION COUNTY BOARD OF EDUCATION
APPROVED:                    11/12/02
REVISED:                    9/16/08
REVISED:                    8/2/11
REVISED:                    6/2/15
REVISED:                    9/6/16 (Moved from Chapter 4 to Chapter 1)
REVISED:                    6/5/18
REVISED:                     11/5/19
REVIEWED BY GENERAL COUNSEL: 11/9/20
REVISED:                    2/1/22

The Board is guided by generally accepted standards of fairness in establishing processes for hearings before the Board. Given the Board's considerable responsibilities for overseeing the educational program and operations of the schools, the Board also strives to be efficient in carrying out its various functions, including conducting hearings.

Unless other hearing processes are required by law or Board policy, the following procedures will apply in Board hearings. The Board reserves the right to modify the procedures described in this policy as necessary in any particular hearing in order to be fair and efficient, in order to meet legal requirements or for any other reason the Board deems sufficient.

1. All hearings conducted pursuant to these guidelines will be private, unless it is required to be open under state law.

Grievance appeals pursuant to Board policies, typically will be heard in closed sessions in order to prevent the disclosure of confidential information. Closed sessions will be conducted in compliance with the Open Meetings Law.

2. The Superintendent, or designee, is responsible for providing sufficient notice of the time and place that a hearing will be held and the nature of the hearing that will be available.

In order to resolve complaints expeditiously, Board hearings will be scheduled as promptly as possible and notice given to the parties. The Superintendent, or designee, should provide as much notice as is feasible given the particular circumstances. The Superintendent, or designee, shall provide a copy of this policy and, when possible, specify time limitations on the oral presentation if different from what is provided in number 5 of this policy.

3. Individual hearings will be held unless the Board determines that a group hearing would be a more effective process for hearing and addressing the matter.

When two or more individuals share the same or a similar concern or are involved in the same matter to be heard by the Board, the Board may consider whether to conduct a group hearing. The Board may consider factors such as generally accepted standards of fairness, the need for efficiency and the ability to prevent the disclosure of confidential information. The Board will consider requests for group or individual hearings and will make the final determination.

4. All hearings will be heard by a Board panel except when a full Board hearing is required by law. Board panel decisions represent the full Board and as such are not appealable to the full Board. Unless otherwise required by law, the Board may designate a panel of two or more Board members to hear and act on behalf of the Board.

The Superintendent shall confer with the chairperson of the Board to determine whether the full Board or a panel of the Board will conduct a hearing. The Board also may establish a panel to hear certain types of appeals, such as student grievances.

5. All parties involved in the hearing may submit written position statements and will be given the opportunity for a limited oral presentation.

Written statements may be submitted at the hearing or in advance of the hearing unless otherwise specified. All parties will be given the opportunity to address the Board orally as well. The Board may establish time limitations for oral presentations for different types of hearings or may set the time limitation for a particular hearing. Unless a different time frame is established in the notice, in applicable Board policies or at the hearing, each party will be offered 15 minutes to present his or her position to the Board.

6. The Board may limit oral presentation to be made by the parties themselves; other witnesses may be excluded.

The Board believes that in most instances, permitting the parties to speak before the Board enables a fair presentation of the parties’ positions. The Board may designate types of hearings in which parties may or may not be represented by legal counsel. Any individual intending to be represented by legal counsel must notify the Superintendent, or designee, in advance of the hearing so that there will be an opportunity to clarify whether legal counsel may be used and to provide the Superintendent and Board the opportunity to be represented by legal counsel. If necessary, the meeting may be rescheduled to enable the Board and/or Superintendent to secure legal counsel for the hearing.

7. Legal rules of evidence do not apply to information considered by the Board.

The Board may consider any information that a reasonably prudent person would consider in conducting the serious affairs of a business.

8. In reviewing any appeal of a decision of school personnel, the Board will determine whether the administrative record as a whole provides sufficient evidence to justify the decision of the Superintendent, or designee. New evidence will not be permitted unless necessary to prevent a threat of substantial unfairness.

The Board will review the administrative record, including any administrative proceedings, and will provide an opportunity for the Superintendent, or designee, and the party contesting the decision to make a limited oral presentation of their positions. The submission of documentary evidence and presentation of additional witnesses will be allowed at the discretion of the Board.

9. The Superintendent is responsible for making a record of the hearing.

The Superintendent, or designee, shall make any record required by law. At a minimum, the Board record will incorporate the administrative record provided to the Board for review and any written documents submitted by the parties. The record also will provide the decision of the Board and the basis for the decision when such information is required or specified in law or Board policy.

UNION COUNTY BOARD OF EDUCATION
ADOPTED: 6/2/15
REVISED: 10/1/19

REVIEWED BY GENERAL COUNSEL: 11/9/20

No later than the February Board meeting the Superintendent shall recommend to the Board calendars for the next school year including calendars for schools on alternate schedules. The Superintendent’s recommendation will take into account feedback from a variety of stakeholders and the parameters set forth in state law. The adopted calendar must be in accordance with state law and State Board of Education requirements.

North Carolina law requires that the school calendar include the following:

• A minimum of 185 student days OR 1,025 hours covering no less than nine months;

• A minimum of 10 annual leave days;

• Legal holidays as determined by the State Human Resources Commission for state employees (typically 10 days are designated). Veteran's Day shall be reserved as a holiday for students and staff;

• Total number of workdays for teachers employed for a 10 month term shall not exceed 195 days;

• At least 42 days between school years (except for year round schools or teachers employed for more than 10 months);

• At least 10 Workdays;

• School shall not be held on Sundays; and

• Except for year round schools, opening day for students shall be no earlier than the closest Monday to August 26 with the closing date being no later than the Friday closest to June 11.

The Superintendent, or designee, will seek stakeholder input on both priorities and the calendar. Methods of seeking input shall include the following:

• A survey will be available for input from all stakeholder groups;

• Principals shall solicit input from the site-based team and forward any recommendations to Superintendent’s designee; and

• The Professional Advisory Council (PAC), Principal Advisory Committee, Parent Advisory Committee, and Student Advisory Committee members shall provide recommendations to the Superintendent.

LEGAL REF.: N.C.G.S. 115C-84.2

UNION COUNTY BOARD OF EDUCATION
APPROVED: 12/21/92
REVISED: 12/3/96
REVISED: 7/18/06
REVISED: 3/6/12
REVIEWED BY GENERAL COUNSEL: 4/3/18
REVISED: 9/5/19 MOVED FROM 1-19 TO 5-23

REVIEWED BY GENERAL COUNSEL: 6/9/20

REVISED: 11/5/20

A clear understanding of responsibilities and relationships between and among school personnel is essential for a smoothly running and efficient school system.

1.         General Power and Authority of the Teacher

The teacher is delegated certain powers and authority by law and by the Board to hold pupils accountable while on school property for their conduct during, before and after school.  A teacher may remove a pupil from his/her room by referring the pupil to the principal for a final decision.

2.         Teacher’s Relationship with the Principal

Classroom teachers are under the direct supervision of the principal.  The administrative policies, communications from the Board, assignments of duty, work, instruction schedules, and courses of study will reach the classroom teacher through the principal.  All problems and requests pertaining to work should be directed to the principal.  All teachers may expect the principal to guide and assist them with problems pertaining to their work with the pupils.  The teachers may expect the principal to share his disciplinary responsibility and to guide and support them as they work together for the good of the pupils.  Both the principal and the teacher should consult with the Superintendent for advice and counsel on specific problems or for interpretations of Board policy.  Teachers are expected to express their views in general faculty meetings.  This opportunity for open expression and sharing of responsibility for the successful operation of the school should be encouraged and protected by tolerance and good will.

3.         Board and Principal Relations

The school principal has no direct administrative relations with the Board.  His relations to the Board are through the Superintendent since the principal is directly responsible to the Superintendent.  All matters, which require Board action, should be presented to the Board by the Superintendent or designee.

4.         Board and Teachers Relations

The relationship of the teacher to the Board is indirect.  The teacher is directly responsible to the principal and through him to the Superintendent, and then to the Board.  The Professional Advisory Council (PAC), a council of elected teacher representatives, shall meet regularly with the Superintendent and the president of PAC may attend scheduled board meetings.  However, this does not mean that the teacher does not have access to the Superintendent or to the board.  Conditions may arise when direct access may be obtained through channels established for grievances.  Policies are developed out of the needs of the schools; therefore, the Board recognizes the value of teachers in formulating effective policies. Students, citizens, teachers, principals, custodians, etc., may be asked to give input into matters dealing with problems, which affect them.

5.         Teacher’s Relationship with Other Employees

Teachers should strive to work cooperatively with all school staff members.  All work requests or concerns for the work of custodians, maintenance workers and others should be communicated to the principal.

Any problems arising between the classroom teachers and other school employees should be handled by the principal at once.

UNION COUNTY BOARD OF EDUCATION

APPROVED:             5/3/94

REVISED:                 12/3/96

REVISED:                 10/4/05

REVISED:                 4/5/11

REVIEWED:            3/6/18

REVISED:                                                     9/5/19 MOVED FROM 1-23 TO 1-20

REVIEWED BY GENERAL COUNSEL: 11/9/20

                                            
In compliance with federal law, Union County Public School System administers all educational programs, employment activities, and admissions without discrimination because of race, religion, national or ethnic origin, color, age, military service, disability, or sex, except where exemption is appropriate and allowed by law and provides equal access to the Boy Scouts and other designated youth groups.

Specific contacts for any complaints will be published annually in the Student Handbook and available on the district website.

LEGAL REF.:    Titles IV and VI of the Civil Rights Act of 1964
Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et seq., 34 C.F.R. pt. 110; 
Americans with Disabilities Act, 42 U.S.C. 12101 et seq., 28 C.F.R. pt. 35; 
Boy Scouts of America Equal Access Act, 20 U.S.C. 7905, 34 C.F.R. pt. 108; 
Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.; 
Rehabilitation Act of 1973, 29 U.S.C. 705(20), 794, 34 C.F.R. pt. 104; 
Notice of Non-Discrimination, U.S. Department of Education, Office for Civil Rights (2010) 

CROSS REF.:      Board Policy 7-5, Participation by Historically Underutilized Businesses
        Board Policy 7-6, Participation by Women and Minority-Owned Businesses

UNION COUNTY BOARD OF EDUCATION
APPROVED:                    12/21/92
REVISED:                         12/3/96
REVISED:                    3/21/06    
REVISED:                    3/6/12
REVIEWED BY GENERAL COUNSEL: 4/3/18
REVISED:                    9/5/19 MOVED FROM 1-21 TO 1-17
REVIEWED BY GENERAL COUNSEL: 2/18/20
REVISED:                    3/2/21
REVISED:                    4/5/22

The Board is committed to providing access to public records and public information. All employees shall comply with the public records law and this policy.

Public Record Defined

A public record is any record, in any form, that is made or received by the Board or its employees in connection with the transaction of public business. A public record must be made available to the public, unless such record is protected from disclosure by federal or state law or is otherwise exempted from the public records law, G.S. 132-1 through 132-9.

Though the school improvement plan is a public record, the school safety components of the plan are not public records subject to public records law. Schematic diagrams, as described in G.S. 115C-105.53 and -105.54, and emergency response information, as described in G.S. 115C-47(40) and -105.54, are also not considered public records subject to public records law.

The official records of students are not public records subject to inspection and examination. Further, any written material containing the identifiable scores of individual students on any test taken pursuant to the state testing program described in Chapter 115C, Article 10A of the North Carolina General Statutes is not a public record. Any test that is developed, adopted, or provided as part of the state testing program is not a public record until the State Board of Education designates that the test is released.

Any report received from the Teachers’ and State Employees’ Retirement System pursuant to G.S. 135-8(f)(2)(f) is not a public record and will be treated as confidential. Information in school system employee personnel files is protected from disclosure in accordance with G.S. 115C-319, except that the following employee information is public record: name, age, the date of original employment or appointment, terms of any past or current contract by which the employee is employed, whether written or oral, to the extent that the Board has the written contract or a record of the oral contract in its possession, current position, title, current salary (includes pay, benefits, incentives, bonuses, deferred compensation, and all other forms of compensation paid to the employee), the date and amount of each increase or decrease in salary with the Board, the position to which the employee is currently assigned, and the date and type of each promotion, demotion, transfer, suspension, separation, or other change in position classification with the Board, the date and general description of the reasons for each promotion with the Board, the date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by the Board. If the disciplinary action was a dismissal, a copy of the written notice of the final decision of the Board setting forth the specific acts or omissions that are the basis of the dismissal, and the office or station to which the employee is currently assigned.

Records Officer

The Superintendent will designate a records officer who will with the assistance of the General Counsel, or designee:

• Determine whether records are public or confidential by law.
• Determine the most cost-effective means of storing and retrieving public records that include confidential information.
• Provide training, consultation, and guidelines to school officials who respond to or are otherwise involved in public records requests.
• Determine the actual costs of providing copies of public records in various forms (to include various types of electronic as well as paper records). Charge for copies of public records will not exceed the actual cost of copies as determined by the records office.
• Determine the cost of a request for copies of public records when a special service charge is applicable or when the school system is voluntarily creating or compiling a record as a service to the requester.

The Superintendent will hear and decide any appeal of a denial of a request for school district records. The records officer will assist the public with the acquisition of public records as per state and federal law.

Requests for Public Records

All requests for examining or obtaining copies of public records should be in writing or recorded by school system personnel. This policy, administrative guidelines, information on the actual cost of producing public records, information on how to reach the records officer, information about how to appeal a denial of a public records request, and information regarding any computer database indexes must be made available to individuals requesting public records.

Public records must be released in accordance with the law. Any denial of a public records request must be made in writing and must include the basis for the denial. The Superintendent or designee may issue additional guidelines consistent with this policy to further clarify the process for requesting public records.

Fees for Copies of Public Records

Persons requesting copies of public records will be charged any applicable fees as determined by the records officer.  The school system shall not charge any fees for separating confidential information that is commingled with public records.

Electronic Mail Lists

A school employee may be authorized by the Superintendent or designee to maintain an electronic mail list of individual subscribers.  Such a list may be used only: (1) for the purpose for which the subscribers subscribed to it; (2) to notify subscribers of an emergency to public health or public safety; or (3) in the event of deletion of the list, to notify subscribers of the existence of any similar lists.  Although such electronic mail lists of individual subscribers shall be available for public inspection in either printed or electronic format to the extent permitted by law, school officials shall not provide anyone with copies of such lists. Release for public inspection of any subscriber list must be consistent with the Family Education Rights and Privacy Act (FERPA) if the list contains personally identifiable information from student education records. 

Destruction of Public Records

To the extent required by law, school personnel shall maintain public records in accordance with the applicable records retention and disposition schedule(s) issued by the North Carolina Department of Natural and Cultural Resources. The Superintendent may establish regulations for the destruction of records in accordance with the approved schedule.

LEGAL REF.:    Family Education Rights and Privacy Act, 20 U.S.C. 1232g; N.C.G.S. 14- 113.8(6), 115C-47(40), -105.27(a2), -105.53, -105.54 115C-109.3, 115C-114, -174.13 -319 to -321, 402; 132-1 to 10; Records Retention and Disposition Schedule for Local Education Agencies, N.C. Department of Cultural Resources, Division of Archives and History (1999); available at https://archives.ncdcr.gov/government/retention-schedules/local- governmentschedules#localschedules; General Records Schedule for Local Government Agencies, N.C. Department of Natural and Cultural Resources (2019), available at https://archives.ncdcr.gov/documents/general-records-schedule-local-government-agencies; N.C. Attorney General Advisory Opinion, letter to Elizabeth Buford, February 26, 1996

UNION COUNTY BOARD OF EDUCATION
APPROVED:                    5/7/02
REVISED:                    3/20/07
REVISED:                    4/9/13
REVISED:                    6/5/18
REVISED:                    9/5/19 MOVED FROM 1-32 TO 1-23
REVISED:                    12/3/19
REVIEWED BY GENERAL COUNSEL:    11/9/20
REVISED:                     5/3/22

The Board is committed to providing access to public records and public information. All employees shall comply with the public records law and this policy.

Public Record Defined

A public record is any record, in any form, that is made or received by the Board or its employees in connection with the transaction of public business. A public record must be made available to the public, unless such record is protected from disclosure by federal or state law or is otherwise exempted from the public records law, G.S. 132-1 through 132-9.

Though the school improvement plan is a public record, the school safety components of the plan are not public records subject to public records law. Schematic diagrams, as described in G.S. 115C-105.53 and -105.54, and emergency response information, as described in G.S. 115C-47(40) and -105.54, are also not considered public records subject to public records law.

The official records of students are not public records subject to inspection and examination. Further, any written material containing the identifiable scores of individual students on any test taken pursuant to the state testing program described in Chapter 115C, Article 10A of the North Carolina General Statutes is not a public record. Any test that is developed, adopted, or provided as part of the state testing program is not a public record until the State Board of Education designates that the test is released.

 Any report received from the Teachers’ and State Employees’ Retirement System pursuant to G.S. 135-8(f)(2)(f) is not a public record and will be treated as confidential. Information in school system employee personnel files is protected from disclosure in accordance with G.S. 115C-319, except that the following employee information is public record: name, age, the date of original employment or appointment, terms of any past or current contract by which the employee is employed, whether written or oral, to the extent that the Board has the written contract or a record of the oral contract in its possession, current position, title, current salary (includes pay, benefits, incentives, bonuses, deferred compensation, and all other forms of compensation paid to the employee), the date and amount of each increase or decrease in salary with the Board, the position to which the employee is currently assigned, and the date and type of each promotion, demotion, transfer, suspension, separation, or other change in position classification with the Board, the date and general description of the reasons for each promotion with the Board, the date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by the Board. If the disciplinary action was a dismissal, a copy of the written notice of the final decision of the Board setting forth the specific acts or omissions that are the basis of the dismissal, and the office or station to which the employee is currently assigned.

Records Officer

The Superintendent will designate a records officer who will with the assistance of the General Counsel, or designee: 

• Determine whether records are public or confidential by law.
• Determine the most cost-effective means of storing and retrieving public records that include confidential information.
• Provide training, consultation, and guidelines to school officials who respond to or are otherwise involved in public records requests.
• Determine the actual costs of providing copies of public records in various forms (to include various types of electronic as well as paper records). Charge for copies of public records will not exceed the actual cost of copies as determined by the records office.
• Determine the cost of a request for copies of public records when a special service charge is applicable or when the school system is voluntarily creating or compiling a record as a service to the requester.

The Superintendent will hear and decide any appeal of a denial of a request for school district records. The records officer will assist the public with the acquisition of public records as per state and federal law.

Requests for Public Records

All requests for examining or obtaining copies of public records should be in writing or recorded by school system personnel. This policy, administrative guidelines, information on the actual cost of producing public records, information on how to reach the records officer, information about how to appeal a denial of a public records request, and information regarding any computer database indexes must be made available to individuals requesting public records.

Public records must be released in accordance with the law. Any denial of a public records request must be made in writing and must include the basis for the denial. The Superintendent or designee may issue additional guidelines consistent with this policy to further clarify the process for requesting public records.

Fees for Copies of Public Records

Persons requesting copies of public records will be charged any applicable fees as determined by the records officer.  The school system shall not charge any fees for separating confidential information that is commingled with public records.

Electronic Mail Lists

A school employee may be authorized by the Superintendent or designee to maintain an electronic mail list of individual subscribers.  Such a list may be used only: (1) for the purpose for which the subscribers subscribed to it; (2) to notify subscribers of an emergency to public health or public safety; or (3) in the event of deletion of the list, to notify subscribers of the existence of any similar lists.  Although such electronic mail lists of individual subscribers shall be available for public inspection in either printed or electronic format to the extent permitted by law, school officials shall not provide anyone with copies of such lists. Release for public inspection of any subscriber list must be consistent with the Family Education Rights and Privacy Act (FERPA) if the list contains personally identifiable information from student education records. 

Destruction of Public Records

To the extent required by law, school personnel shall maintain public records in accordance with the applicable records retention and disposition schedule(s) issued by the North Carolina Department of Natural and Cultural Resources. The Superintendent may establish regulations for the destruction of records in accordance with the approved schedule.

LEGAL REF.:          Family Education Rights and Privacy Act, 20 U.S.C. 1232g; N.C.G.S. 14- 113.8(6), 115C-47(40), -105.27(a2), -105.53, -105.54 115C-109.3, 115C-114, -174.13 -319 to -321, 402; 132-1 to 10; Records Retention and Disposition Schedule for Local Education Agencies, N.C. Department of Cultural Resources, Division of Archives and History (1999); available at https://archives.ncdcr.gov/government/retention-schedules/local- governmentschedules#localschedules; General Records Schedule for Local Government Agencies, N.C. Department of Natural and Cultural Resources (2019), available at https://archives.ncdcr.gov/documents/general-records-schedule-local-government-agencies; N.C. Attorney General Advisory Opinion, letter to Elizabeth Buford, February 26, 1996

UNION COUNTY BOARD OF EDUCATION

APPROVED:                                                 5/7/02

REVISED:                                                     3/20/07

REVISED:                                                     4/9/13

REVISED:                                                     6/5/18

REVISED:                                                     9/5/19 MOVED FROM 1-32 TO 1-23

REVISED:                                                     12/3/19

REVIEWED BY GENERAL COUNSEL: 11/9/20

REVISED:                                                     5/3/22

As situations demand, the Board may utilize consultants from various fields, including architects, personnel consultants and instructional/educational consultants. Before engaging a consultant to the Board, the Board will advertise for proposals as required by law or as deemed necessary by the Board and will enter into a written contract with the consultant selected, outlining the specific objectives to be accomplished, the tasks to be performed, the procedures to be used in carrying out the tasks, the target date(s) for the completion of the tasks, and the method to be used to report results to the Board and/or delivery of any product developed and any other relevant terms.

LEGAL REF.:    NCGS 115C-47

CROSS REF.:    Board Policy 2-19, Contracts with the Board
Board Policy 2-22, Purchasing Requirements for Equipment, Materials and Supplies
Board Policy 7-1, Facility Design Policy

UNION COUNTY BOARD OF EDUCATION
APPROVED:                  12/21/92
REVISED:                       12/3/96
REVISED:                    10/4/05
REVISED:                    4/5/11
REVIEWED:                    2/6/18
REVISED:                     9/5/19 MOVED FROM 1-24 TO 1-21
REVIEWED BY GENERAL COUNSEL: 2/18/20
REVIEWED BY GENERAL COUNSEL:    11/9/20
REVISED:                     5/3/22

It is the policy of the Board to encourage parents and other citizens of the system to support the schools and be active in the education of the students. To facilitate visitations to the schools’ classrooms, visitors shall contact the school administration to set up a time and manner to observe the work of the school which minimizes disruption to the educational environment. The Board believes that there is no better way for the public to learn what the school is actually doing.

In order to provide a safe and orderly learning environment which minimizes disruptions to instructional time, visitors shall report to the school office immediately upon entering any school property and report to the administration to obtain authorization to visit any location on the campus. Any other presence on school campus is trespassing. 

School visitors must comply with all school rules and board policy while on school grounds. If, while on campus, a visitor disrupts the educational environment, acts in a disorderly manner, damages school property, or violates board policy or the law, the principal or designee is authorized to order the individual to leave the property, notify law enforcement; or take any action deemed appropriate under the circumstances. Authorization from the administration is required in order to preserve the safety of students and staff members.

Unauthorized persons shall not be permitted in school buildings or on school grounds. School principals shall take appropriate action to prevent unauthorized persons from entering buildings and from loitering on grounds. If such unauthorized persons do not leave upon demand by school administrators or staff, law enforcement officials should be called immediately to arrest and remove such trespassers.

The superintendent or designee, upon recommendation from the principal or location supervisor, may deny an individual permission to come onto school grounds or enter a facility being used by the district or attending a school related activity if it is determined by the superintendent that the individual has been disruptive, unauthorized or engages in dangerous behavior on school grounds.

Registered sex offenders will be allowed on campus only under very limited circumstances and only if the registered sex offender is a parent of a student at the specific school. All registered sex offenders will be supervised at all times by school personnel when on a school campus.

LEGAL REF.: N.C.G.S. § 14-132, -132.2, -159.11, -159.12, 159.13, -208.18; 115C-46.2, -523, -524, -526

CROSS REF.: Board Policy 2-49, Use of School Facilities 

UNION COUNTY BOARD OF EDUCATION

APPROVED: 5/3/94

REVISED: 12/3/96

REVISED: 10/4/05

REVISED: 10/21/08

REVISED: 10/7/14

REVIEWED BY GENERAL COUNSEL: 4/3/18

In the event that an incident occurs at an UCBOE facility, an administrator should consider the following:

·         Did the individual disrupt the instructional environment?

·         Did the individual use profanity in front of a student, staff or visitors while on a UCBOE campus?

·         Was law enforcement called to the facility as a result of the individuals behavior/actions?

·         Did a criminal charge or arrest result in the law enforcement response to the school?

·         Were there circumstances that were deemed detrimental to the safety and security of students, or staff members at the facility?

If any or a combination of the above criteria occurred:

1.      After the incident is controlled, notify the Director of Safety and Security for assistance and follow up.

·   A review of the incident will be reviewed by the Director of Safety and Security and documented. A recommendation will be made by the Director of Safety and Security to the facility administrator regarding actions necessary to ensure the safety and security of staff and students.

2.   After the recommendation, the administrator will follow up with the individual(s) regarding the incident/event and will communicate the outcome. The options are as follows:

a.         Verbal Warning:

·   Contact the individual by phone or meet with her/him in person.

·   Provide a verbal warning to the individual regarding the action/behavior and potential restriction if further incidents occur.

·   Document through a written letter[1] the conversation and infraction. Mail a copy to him/her through the U.S. Mail or hand deliver if the conversation was held in person.

b.         Restriction:

·   Process:

1.      Contact the individual by phone and notify them of the inappropriate action/behavior as well as the restriction in place.

2.      Document through a written letter[2] the restriction in place. This letter shall be sent via certified U.S. mail.

·      Length of Restriction:

Individuals who are restricted from a board facility are:

1.      Restricted from the UCBOE facility for one (1) calendar year.

2.      Eligible come onto the property:

·         For Parent – Teacher Conferences, or other meetings at the invitation of school staff;

·         To address an emergency situation on campus, for which you have been contacted; and

·         With prior approval from the building administrator.

·         On Election Day, if the school is your assigned polling location.

·         Events open to the general public.

Individuals may be restricted from all UCBOE properties, in the event that the Director of Safety and Security determines sufficient evidence exists. In such a situation, a recommendation will be made to the Superintendent and/or his designee. The facility administrator will be notified of the findings through the Director of Safety and Security. All communications associated with a district wide restriction will be sent through the Superintendent and/or his designee.

·         Requests to Remove Restriction:

1.      An individual can request the removal of his/her restriction after six (6) calendar months. The request shall be made in writing to the Director of Safety and Security.

2.      Upon receipt of a request for the removal of the restriction:

o   The Director of Safety and Security will contact the individual to set up a meeting via telephone or in person as soon as feasible.

o   A representative committee of three (3) UCPS personnel, as designated by the Superintendent, will meet and discuss with the individual the reason s/he has sought the removal of the restriction^[3].

o   The committee will review and make a determination of the restriction and make a written determination, which will be communicated to the individual through U.S. mail. A copy of the determination will be sent to the building administrator.

o   If an individual is dissatisfied with the outcome of his/her appeal, s/he may contact the Assistant Superintendent of Administration and Operations for review.

Sex Offenders:

·         Upon registration of the sex offender registry at the Union County Sheriff’s Office or the place of registration, the individual will be notified of the restrictions associated with being at a UCBOE facility.

·         If the administrator of the facility becomes aware that an individual is a sex offender, the individual shall be sent a letter from the administrator stating the restrictions on UCBOE facilities.[4]

·         Also, see Policy 4-24, Registered Sex Offenders.

Fire Drills:

The Board is committed to making resource conservation an integral part of the school system’s operation and to providing an example to students and the community of responsible stewardship of natural resources.

These guidelines provide the basis for a consistent and efficient energy conservation program. The guidelines are designed to help maintain an environment that is conducive to the educational process and that does not compromise the comfort or safety of building occupants. Each employee is requested to be conscious of and assist in the implementation of these guidelines. The principal, along with the entire school team, is responsible for the total energy usage at his/her school and will be provided quarterly cost and consumption reports. Due to variations in equipment and facilities, temperatures will be considered acceptable if they are within two degrees of the target setting.

COOLING SEASON

1. Cooling systems will start approximately one hour before the scheduled start of the school day (according to the bell schedule) or as the HVAC equipment may require.
2. Thermostats will be set at 72 degrees to include gymnasiums. Adjust blinds, if installed, to shield out heat from the sun. Blinds should be slanted up (inside edge up) away from you when possible.
3. The cooling system will be scheduled to switch to the night time setting (80 degrees) no more than 1 hour after the end of the scheduled school day (according to the bell schedule) except in administrative and meeting areas.
4. Administration and meeting areas will switch to the night time setting (80 degrees) one hour after the administrative staff leaves and no later than 5pm.

HEATING SEASON

1. Heating systems will start approximately one hour before the scheduled start of the school day (according to the bell schedule) or as needed to meet target temperatures.
2. Thermostats will be set at 68 degrees to include gymnasiums.
3. Adjust blinds (inside edge down) when possible to take advantage of the sun’s rays to heat the building interior.
4. The heating system will be scheduled to switch to the night time setting, 55 degrees no more than 30 minutes after the end of the scheduled school day (according to the bell schedule) except in administrative and meeting areas.
5. Administration and meeting areas will switch to the night time setting, 55 degrees one hour after the administrative staff leaves and no later than 5pm.

HVAC GENERAL

1. Keep all interior and exterior doors and windows to classrooms and offices closed when air conditioning or heating equipment is running.
2. Report cooling and heating problems to maintenance via a work order when temperatures move significantly (4 degrees or greater) outside the established range.
3. Keep HVAC filters clean. Check, clean and replace as necessary.
4. When heat or air is required for after hours or week-end use, condition only that part of the building that is being used if zoning is possible. Use the minimum sized, appropriate area.
5. Do not block HVAC vents or thermostats with furniture, equipment, books, etc.

LIGHTING & MISCELLANEOUS

1. Minimize after hours, night and weekend and holiday use of facilities.
2. Keep switched outside lights turned off during daylight hours.
3. Reduce night/security lighting to the extent practical.
4. Reduce/eliminate corridor or other lighting when natural day lighting is adequate.
5. Turn off unnecessary lights in unoccupied areas.
6. Keep light fixtures and windows clean. Dirt and grime significantly reduce light output.
7. Kitchen staff shall turn off kitchen booster heaters at the end of each school day.
8. Check for and report promptly, via the work order process to maintenance, any leaking faucets, tanks, pumps, pipes, etc.
9. Turn off lights, computers, monitors, interactive boards, printers, copy machines, laminating machines, etc. at the end of the school day or when space is empty for more than 30 minutes.
10. The principal or his/her designee is responsible for ensuring that their school is shut down in an energy efficient manner at the end of each school day, including weekends and holidays.

APPLIANCES IN THE CLASSROOM

The placement and use of appliances such as electric space heaters, microwave ovens, toaster ovens, fans, coffee pots, hot plates and refrigerators in classrooms and offices are not permitted. Fire hazard concerns, lack of ground plug or commercial electrical rating, OSHA visual inspection and reduced energy consumption are the basis for this guideline.

All personal appliances are to be removed from schools and appropriate commercially rated appliances will be placed in designated break areas based upon school needs and available funding. Exceptions to meet program requirements, student needs or temperature issues will be approved on a case by case basis by the Assistant Superintendent of Administration and Operations.

To view the position statement on APPLIANCES IN CLASSROOMS from the NCDPI, School Insurance, Division of School Support, visit www.ncpublicschools.org.

UNION COUNTY BOARD OF EDUCATION

REVIEWED: 10/1/19 AND MOVED FROM 1-27 TO 7-9

REVIEWED BY GENERAL COUNSEL: 11/9/20

The Board is committed to designing new and renovated facilities in a manner that maximizes the use of space, provides flexibility for the academic program, conserves environmental resources and produces structurally sound and safe buildings.  All school buildings should be designed to create safe, orderly and inviting learning environments where students can succeed.  The purpose of this policy is to provide guidance for design of school facilities, additions, and renovations.

The basic organization of school facilities shall be a feeder pattern of elementary, K5; middle, 6-8; and high school, 9-12.  Nothing in this policy is intended to preclude facilities being used for schools organized with grade levels that vary from this basic organization.  Other special purpose schools such as Wolfe School, South Providence or Central Academy of Technology and Arts may serve all or part of these feeder pattern attendance zones.

The permanent buildings on a high school site shall not exceed core capacity¹ of cafeteria, media center, hallways, and locker space to accommodate 2200 students.  The high school prototype design shall include sufficient individual teacher office/conference space to schedule all instructional space for maximum efficiency.² As existing high schools are renovated or expanded, the design shall include, as feasible:

•                     Individual teacher offices/conference space that provide a professional environment for teachers

•                     Flexibility to organize around academies, houses, or other more personalized environment for students.

The permanent buildings on a middle school site shall not exceed core capacity of 1600 students.  The prototype design and any expansions and/or renovations (as feasible) must have the flexibility to organize around academies, houses, or other more personalized environment for students.

The permanent buildings on an elementary school site shall not exceed core capacity of 1000 students.  The prototype design and any expansions and/or renovations (as feasible) must have the flexibility to organize around academies, houses, or other more personalized environment for students.

The superintendent is responsible for the design of facilities that have been identified in the long-range facility needs plan and have been approved for funding.  

¹ Core capacity is defined as the number of students the schools’ general spaces (i.e. cafeterias, restrooms,
gymnasiums, hallways, etc.) can accommodate.  
² (All instructional space can be used for instruction during all class periods thus providing a “high
efficiency capacity” of up to 2200 students for a high school on a four period block schedule.)

The superintendent will ensure that all legal requirements are met in the design of new or renovated buildings. The superintendent may utilize services of outside professionals, including architects and other consultants, in the facility design and construction.  Any contract for professional services related to facility design must be reviewed by the Board attorney and approved by the Board.

The superintendent will report periodically to the Board on the development of facility plans. Before investing any money in the construction of any new building, or when using any state money for the erection, repair, or equipping of any building, the superintendent must submit the plans to the State Board for review and comment and must review the plans based upon a consideration of the comments received. Plans for science facilities in new middle and high schools are subject to approval by the State Board of Education in accordance with G.S. 115C-521(c1) and State Board of Education policy. The superintendent also will report on the State Board’s review of facility plans conducted pursuant to G.S. 115C-521(c) and will specifically address any concerns noted by the State Board.  The Board will give final approval of facility plans before investing money into new buildings or renovations.

LEGAL REF.:          N.C.G.S. 115C-521, N.C.G.S. 115C-74, N.C.G.S. 115C-75, N.C.G.S. 115C-204, N.C.G.S. Chapter 133, Articles 1 and 3, 29 U.S.C. §794(b); 34 C.F.R. pt. 104 (subpt. C); 42 U.S.C. § 12101 et seq.; 28 C.F.R. pt. 35 (subpt. D); State Board of Education Policies SCFC-005 and SCFC-003, North Carolina Public School Facilities Guidelines; Safe Schools Facility Planner and Procedures Manual: Public School Building Capital Fund, both available at www.schoolclearinghouse.org/

CROSS REF.:           Board Policy 4-13, School Assignment

UNION COUNTY BOARD OF EDUCATION

APPROVED:            10/30/97

REVISED:                 12/3/02

REVISED:                 10/5/04

REVISED:                 11/22/05

REVISED:                 4/5/11

REVISED:                 3/10/15

REVISED:                 6/5/18

REVISED:                                                     9/5/19 MOVED FROM 1-28 TO 7-1

REVIEWED BY GENERAL COUNSEL: 6/9/20

The board recognizes that collectively and individually, all members of the board must adhere to an accepted code of ethics in order to improve public education.  The board accepts the code of ethics established by the North Carolina School Boards Association.  In accordance with this code, each member of the board will commit to the following:

1.  Ethical Requirements

·         obey all applicable state and federal laws regarding official actions taken as a board member;

·         uphold the integrity and independence of the board member’s office;

·         avoid impropriety in the exercise of the board’s and board member’s official duties;

·         perform faithfully the duties of the office; and

·         conduct the affairs of the board in an open and public manner, complying with all applicable laws governing open meetings and public records.

2. Additional Commitments
• attend all regularly scheduled board meetings insofar as possible, and become informed concerning the issues to be considered at those meetings;

• endeavor to make policy decisions only after full discussion at publicly held board meetings;

• render all decisions based on the available facts and independent judgment, and refuse to surrender that judgment to individuals or special interest groups;

• encourage the free expression of opinion by all board members, and seek systematic communications between the board and students, staff and all elements of the community;

• model civility to students, employees and all elements of the community by encouraging the free expression of opinion by all board members and engaging in respectful dialogue with fellow members in matters being considered;

·         respect the confidentiality of information that is privileged under applicable law and to facilitate candid discussions refrain from the disclosure of matters discussed in closed session except as authorized by the board;

• work with other board members to establish effective board policies and to delegate authority for the administration of the schools to the superintendent;

·         communicate to other board members and the superintendent expressions of public reaction to the board policies and school program;

·         learn about current educational issues by individual study and through participation in programs providing needed information, such as those sponsored by the state and national school boards associations;

·         comply with N.C.G.S. 115C-50 by earning the required 12 hours of training every two years, which may include the ethics education enumerated below, to be provided by a qualified source;

·         comply with N.C.G.S. 160A-874 by earning 2 hours of ethics education within 12 months of election or appointment to the board (initial and subsequent appointment or election) to be provided by a qualified source;

·         support the employment of those persons best qualified to serve as school staff, and insist on a regular and impartial evaluation of all staff;

·         avoid being placed in a position of conflict of interest, and refrain from using the board member’s position on the board for personal or partisan gain;

·         take no private action that will compromise the board or administration, and respect the confidentiality of information that is privileged under applicable law; and

·         remember always that a board member’s first and greatest concern must be the educational welfare of the students attending the public schools.

All newly elected board members are expected to sign a code of ethics statement that includes these provisions at the organizational meeting of the board. Each member of the Board of Education will sign a copy of this policy acknowledging their understanding of and pledge to follow the requirements set forth herein. 

Signature                                                                                Date                                       

Print Name                                                               

LEGAL REF.:          NCGS 115C-36, -47(1), -47(57), -50; -160A-86, -87, Leandro v. State, 346 N.C. 336 (1997)

UNION COUNTY BOARD OF EDUCATION

APPROVED:            5/18/99

REVISED:                 10/4/05

REVISED:                 2/2/10

REVISED:                 5/3/11 

REVISED:                 3/6/18

REVISED:                 9/5/19 MOVED FROM 1-29 TO 1-16

REVIEWED BY GENERAL COUNSEL: 2/18/20

REVIEWED BY GENERAL COUNSEL: 11/9/20

                                                      FUEL EMISSIONS                                   1-30         

                                                                                                              (Page 1 of 1)

The Union County Board of Education recognizes that emissions that accumulate from school busses can be harmful to the environment. The Union County Board of Education also recognizes unnecessary bus idling wastes fuel and financial resources and increases particulate matter in the air. The Board is committed to transporting students on school busses in a manner that is safe, and to this end, the Board prohibits all unnecessary school bus idling on school grounds. In addition, the board prohibits the warming up of busses for longer than five (5) minutes except in extraordinary circumstances or circumstances beyond the driver’s control.

This policy applies to school busses and activity busses when used to transport students to / from school, extracurricular activities, field trips, and other school-related activities.

LEGAL REF.:          NCGS 115C-12 (17)

                                    NCGS 115C-47(50)

NCGS 115C-239 et seq

SBE Policy TCS-M-003

CROSS REF.:           Board Policy 4-16, Use of Student Transportation Services

UNION COUNTY PUBLIC SCHOOLS

APPROVED:             11/22/05

REVISED:                 4/5/11

REVIEWED:            3/6/18

REVISED:                 9/5/19 MOVED FROM 1-30 TO 8-3

REVIEWED BY GENERAL COUNSEL: 6/9/20

                                                FUEL EMISSION                                                    1-30

Administrative Guidelines for Reduced-Idling

1.         When loading and unloading children on school grounds, the motor of the bus should be OFF with the key in the ACCESSORY position so that the stop arm, walking control arm, and red lights are operating as required by law. There will be no changes regarding the loading and unloading of children during regular passenger stops at assigned locations.

2.         When available, there should be NO “nose to tail” parking, particularly during loading and unloading on school grounds. However, when such is not available, the distance between the busses should be at the 15 feet measurement as used in the passenger stop when loading and unloading children. When the buses are parked after unloading, then the “Three Feet Rule” should be used when “Nose to Tail” parking is a necessity.

3.         Whenever possible, all busses should be parked in a position so as not to be near the school’s air intake system.

4.         When idling is necessary in cases of warm up during pre-trip procedures and cool down at route’s conclusion, the idling time should not exceed three (3) minutes for warm up and five (5) minutes for cool down. Bus driver must be in the seat with seat belt fastened during this process.

5.         Develop a contract of awareness to be signed by all bus drivers including teachers and coaches.

UNION COUNTY BOARD OF EDUCATION

APPROVED:  11/22/05

(9/5/19 MOVED FROM 1-30 TO 8-3)

The school calendar adopted by the Board of Education shall provide for closing schools to students on certain election days.  Schools shall be closed to students only for regular federal and state elections; schools will not be closed to students for municipal elections or for state and federal primary/run-off elections.  When schools are closed for state and federal elections, teacher workdays may be scheduled.  Normally, this provision means that schools will be closed for elections once each fall on even-numbered years.

The Board of Education and the Board of Elections will cooperatively develop security plans for elections to be held in school facilities and jointly request appropriate security for school polling places.  The security plans jointly developed will address parking, pedestrian traffic into the polling place, security of the polling place, barriers into other parts of the school facility, and any other necessary security concerns.

Principals may provide school furniture/equipment to be used by the Board of Elections officials when requested at least one (1) week in advance.  The principal of a school designated as a polling place will take every available precaution to ensure the safety of students on election days when students are present at school.

Political signage will be allowed in designated areas as provided for in North Carolina G.S. 163-147.

LEGAL REF.:  G.S. 163-128, et. seq.

UNION COUNTY BOARD OF EDUCATION

APPROVED:             5/7/02

REVISED:                 3/20/07

REVISED:                 4/9/13

REVIEWED BY GENERAL COUNSEL: 4/3/18

REVISED:                                                     9/5/19 MOVED FROM 1-31 TO 5-24

REVIEWED BY GENERAL COUNSEL: 6/9/20

NAMING SCHOOLS OR SCHOOL FACILITIES

The naming of schools and major public school facilities in the Union County Public Schools is the responsibility of the Board of Education.

In general, schools will be named (or renamed) for geographic locations, site-specific identifiers (i.e. roads, streets, subdivisions, communities), a historical figure that had an impact in shaping/forming our country and all people within, or for an individual who is deceased whose name has special significance and/or who made an outstanding contribution to the school or school system.

In addition to naming schools, the Board of Education, upon recommendation of a school or community group, may name facilities within that school such as:

Gymnasiums

Stadiums

Auditoriums

Media Centers

The Board of Education will appoint a committee to seek community input when naming a new school.  This committee will recommend the name for a school to the Board of Education. Requests from school or community groups to name facilities, or to rename a school or facility, will be referred to the Superintendent or his/her designee.

CRITERIA

The Superintendent or his/her designee will review the request based on the following criteria:

Schools and facilities can be named in memory of distinguished persons who have made an outstanding contribution to a school, the Union County Public Schools, the community, county, state, or nation.  Such distinguished persons must be deceased for a minimum of one calendar year prior to a request for a school facility being named in their memory.  Such recommendations should be rare and based on extraordinary contributions.

School and community groups should ensure that persons they recommend for school facilities to be named in memory of must meet the following criteria:

Must have been a positive role model for others.

Must have exhibited values like honesty, integrity, respect, sense of fairness, concern for others, self-discipline, teamwork, dedication to work, etc.

Must have shown a commitment to excellence.

Broad support for these requests must be shown at the school and in the community.  This support should be evidenced from parents, faculty, and school organizations, current and former students and friends of the school, community organizations, and community.  Surveys from such groups and other means will be used to gauge the level of support.

EXPENSES RELATED TO THE NAME CHANGE

The group making the request must agree to provide reimbursement for all expenses related to the name change, including but not limited to signs, marquees, uniforms, etc. The district will provide a scope and budget and obtain approval by the group making the request prior to any submission to the Board.

CORPORATE SPONSORSHIPS

The Board will consider corporate and individual sponsorships of naming rights for facilities on a case-by-case basis.

LEGAL REF.:          N.C.G.S.  §115C-36,-47

CROSS REF.:           Board Policy 1-27, Shared Decision Making

                                    Board Policy 2-4, Grants and Funding For Special Projects

                                    Board Policy 2-5, Gifts and Bequests

UNION COUNTY BOARD OF EDUCATION

APPROVED:            10/1/02

REVISED:                 11/13/07

REVISED:                 1/7/14

REVISED:                 11/1/16

REVIEWED BY GENERAL COUNSEL: 4/3/18

REVISED:                                                     9/5/19 MOVED FROM 1-33 TO 7-2

REVIEWED BY GENERAL COUNSEL: 6/9/20

The Board shall have final authority and responsibility for the naming of District facilities and specific areas of facilities.

For the purpose of these guidelines, the term District facility shall apply to new and existing schools, including schools scheduled for consolidation through redirection or closure, sport complexes, athletic facilities, and other office buildings and facilities. A specific area or portion of a facility shall refer to a wing, annex, library, media center, auditorium, performing arts center, gymnasium, athletic field, or common area.  A specific area or portion of a school shall not apply to classrooms, school offices, and cafeterias.

CRITERIA

Citizens and staff members, as well as Board members, may submit names to be added to a historical list of suggested names.  Such list shall be cumulative, shall be maintained in the office of the assistant superintendent over Facilities, and shall be provided to the chairperson of the naming committee.  In all cases, the name of a school, specific area of a school, or other District facility must respect cultural differences and values.

The Board, through a resolution that deems the renaming to be in the best interest of the District, may initiate the process for changing the name. 

SCHOOL

Schools or other facilities may be named for persons, communities (e.g., neighborhoods), locations (e.g., landmarks), or functions (e.g., District programs).  Names of persons to be considered shall be of deceased individuals who have made a significant contribution to the local community, the state, or the nation.  In naming any facility for the first time, any waiver of this policy shall require a two-thirds vote of the membership of the Board. 

In the cases of consolidations, closures, and the like, consideration should be given at the onset as to how the naming shall be handled.  The name selection committee may consider a new name, an existing name, or a combination of school names.

SPECIFIC AREAS OF SCHOOLS

Specific areas of schools and facilities may be named for persons, communities, locations, or functions.  If the area is named after a person, the following criteria shall apply:

·         The individual must be deceased;

·         The individual must have made a significant contribution to the local community, state, or nation; and

·         The individual must be widely respected by the community and the general public.

PROCEDURES

For selecting the name of a school, the person or group requesting the name shall complete a Naming of Schools and School Facilities Nomination Form. Once complete the form shall be submitted to the Superintendent and Director of Facilities who will refer the request to a school level committee. The committee shall consist of at least the following: the principal, a teacher, a parent, a member of the community and 3 members of the site based team. Once the school level committee makes a recommendation, the Superintendent may, in his or her discretion, forward the recommendation to the Facilities Committee for consideration. The Superintendent may also solicit input from other constituents affected by the naming of the school. 

PROCEDURES FOR SELECTING NAME OF SPECIFIC AREAS AND FACILITIES OTHER THAN SCHOOLS

For selecting the name of specific areas of schools and facilities, sports complexes, athletic facilities, and any other facilities that are not schools, the person or group requesting the name shall complete a Naming of Schools and School Facilities Nomination Form. Once complete the form shall be submitted to the Superintendent and Director of Facilities, who will appoint a committee of appropriate individuals and may, in his or her own discretion, present the committee’s recommendation to the Facilities Committee for consideration.  No athletic facilities in the District shall be given more than two (dual) names.

SCHOOL SYMBOLS

All mascots, nicknames, and descriptors—including symbols, banners, flags, pennants, or similar identifiers—used by a school’s sports teams, extracurricular clubs, curricular clubs, or organizations shall respect cultural differences and values.  The Board prohibits the use of any race or ethnic group as a mascot or nickname.

 Naming Schools and School Facilities Nomination Form

• Schools without a Mascot. When a new school is being opened, or when there is not a current mascot, the principal will survey stakeholders, including, but not limited to, school employees, parents, students, and the community, in selecting a mascot. The top three choices (i.e. those with the most votes) will be presented to the Superintendent to who will then share with the Board for final approval of the mascot.

• Existing School Mascot. For requesting a change in an existing mascot, the person or group requesting the change shall complete a Mascot Change Request Form. Once complete the form shall be submitted to the Superintendent, or designee, who will refer the request to the principal. The principal will develop a school level committee consisting of at least the following: the principal, a teacher, a parent, students, a member of the community and 3 members of the site based team. As a part of the process, the committee will survey stakeholders and consider the results of the survey. The school committee shall make a recommendation on the request no more than 45 days for the date of the receipt of the request. Once the school level committee makes a recommendation, the Superintendent may, in his or her discretion, forward the recommendation to the SPTT Committee of the Board for consideration at their next meeting. The Superintendent may also solicit input from other constituents affected by the mascot of the school via survey. The Superintendent and SPTT Committee will then share the recommendation with the Board for final approval of the mascot at the next Board meeting.

Facility construction will be undertaken in accordance with the long-range plan adopted by the board of education and the facility design approved by the board.  Any repairs or renovations of school facilities should be undertaken in such a way as to minimize disruption of instructional time and the educational environment.

A.                Quality of Construction

Buildings should be constructed with durable materials that, when possible, permit space to be adapted to various purposes and to be adjusted to changes in technology or the educational program.

The board will not accept substandard construction.  In the event of insufficient funding for a project, the board will defer implementing parts of the long-range plan.

B.                 Change Orders

After a contract for construction or repair work has been awarded, the need may arise to amend the terms, conditions, or specifications of the contract.  The contract may be amended by a change order, but change orders may not be used to evade bidding requirements.

When amendments to a contract are necessary, the contractor shall submit a proposed change order in writing to the superintendent or designee.  Any request for expedited review must also be in writing and accompany the proposed change order. 

Unless otherwise prohibited by statute or regulation, the superintendent or designee is authorized to approve or deny change orders involving sums under $100,000 so long as funding for the change order is available within the established project budget.  The superintendent shall report all such change order requests and whether they were approved or denied to the board at the next regular board meeting.

Change orders which involve amounts over $100,000 or are in excess of the remaining funds in the project budget require board approval.  The superintendent shall report to the board at the next regular board meeting all such proposed change orders, along with the superintendent’s recommendation whether to approve each change order.  However, the superintendent shall report to the board chair within 48 hours any change orders that include a request by the contractor for expedited review or that, in the superintendent’s opinion, require expedited review.  The board chair will then decide whether a special meeting must be called to address the proposed change order before the next regular board meeting.

Legal References:      N.C.G.S. 115C-521, -524

UNION COUNTY BOARD OF EDUCATION:

APPROVED: 9/6/16

REVIEWED BY GENERAL COUNSEL: 4/3/18

REVISED:                                                                 9/5/19 MOVED FROM 1-34 TO 7-3

REVIEWED BY GENERAL COUNSEL:             6/9/20

            The Board of Education, an elected legislative and deliberative public body, wishes to solemnize its proceedings by allowing for an opening invocation before each meeting, for the benefit and blessing of the Board.

Legal Framework

            Our country’s Founders recognized that we possess certain rights that cannot be awarded, surrendered, or corrupted by human power, and the Founders explicitly attributed the origin of these, our inalienable rights, to a Creator.  These rights ultimately ensure the self-government manifest in our deliberative bodies, upon which we desire to invoke divine guidance and blessing.

            In Marsh v. Chambers, 463 U.S. 783 (1983), the United States Supreme Court validated the Nebraska Legislature’s practice of opening each day of its sessions with a prayer by a chaplain paid with taxpayer dollars, and specifically concluded, “The opening of sessions of legislative and other deliberative public bodies with prayer is deeply embedded in the history and tradition of this country.  From colonial times through the founding of the Republic and ever since, the practice of legislative prayer has coexisted with the principles of disestablishment and religious freedom.”  Id. at 786.  The Court further recognized that the purpose of the prayer is “[t]o invoke Divine Guidance” on the decisions of a public body. Id. at 792; see also Newdow v. Eagan, 309 F.Supp.2d 29, 36 (D.D.C., 2004) (finding an atheist was not eligible to serve as a Congressional chaplain because a failure to believe in the existence of the Divine was inconsistent with serving in a position responsible for invoking Divine guidance). 

            In Town of Greece v. Galloway, 572 U.S. ___, 134 S.Ct. 1811(2014), the United States Supreme Court validated opening prayers at town Board meetings finding that “legislative prayer lends gravity to public business, reminds lawmakers to transcend petty differences in pursuit of a higher purpose, and expresses a common aspiration to a just and peaceful society.”  Id. at 1818.

            The Board desires to avail itself of the Supreme Court’s recognition that it is constitutionally permissible for a public body to “invoke divine guidance” on its work.  Marsh, 463 U.S. at 792.

            The Supreme Court has clarified that opening invocations are “meant to lend gravity to the occasion and reflect values long part of the Nation’s heritage” and should not show over time “that the invocations denigrate nonbelievers or religious minorities, threaten damnation, or preach conversion.”  Town of Greece, 314 S.Ct. at 1823.

In Town of Greece the Supreme Court rejected a challenge based on the religious content of the prayers and cautioned against government officials acting as “supervisors and censors of religious speech” by requiring that prayers be “generic” or “nonsectarian,” noting that “[t]he law and the Court could not require ministers to set aside their nuanced and deeply personal beliefs for vague and artificial ones.”  Id. at 1821-22.  Further, the Court stated:  “Once it invites prayer into the public sphere, government must permit a prayer giver to address his or her own God or gods as conscience dictates.”  Id. at 1822-23.

            This Board is not establishing a policy that defines the constitutional limits for permissible public invocations; rather, this Board intends to adopt guidelines that are consistent with the guidance provided by several courts that have considered the validity of public invocations.

            In Marsh, 463 U.S. 783, the U.S. Supreme Court specifically approved of opening invocations delivered by a chaplain appointed by a deliberative public body.

            The Board intends to adopt a policy that does not proselytize or advance any particular faith, or show any purposeful preference of one religious view to the exclusion of others.

            The Board intends to adopt a policy that will not show a purposeful preference of one religious view over another by not permitting the faith of the person offering the invocation to be considered when appointing a Chaplain.

            The Board believes that chaplains that serve emergency responders in the local community are peculiarly suited through training, tradition, and public service to petition for divine guidance upon the deliberations of the Board, and to accomplish the Board’s objective to solemnize public occasions, express confidence in the future, and to encourage the recognition of what is worthy of appreciation in society.  See Lynch v. Donnelly, 465 U.S. 668, 693 (O’Conner, J., concurring).

The Board accepts as binding the applicability of general principles of law and all the rights and obligations afforded under the United States and North Carolina Constitutions and statutes.

Procedures

            It is the intent of the Board to allow a Chaplain to solemnize the proceedings of the Union County Board of Education.  It is the policy of the Board to allow for an invocation, which may include a prayer or a short solemnizing message, to be offered before its meetings for the benefit of the Board to accommodate the spiritual needs of public officials.

            The invocation shall be delivered by a volunteer currently serving the community in the role of Chaplain for emergency responders, law enforcement, or military personnel within Union County for the benefit of the Board, as appointed by the Chair of the Board.  In the event the scheduled Chaplain is not in attendance, the meeting will begin with a moment of silence.

No member or employee of the Board or any other person in attendance at the meeting shall be required to stand, bow, or participate in any prayer that is offered and such decision shall have no impact on the ability of the person to actively participate in the business of the Board.

No member or employee of the Board, nor will the Chaplain direct the public to stand, bow, or in any way participate in the prayers; make public note of a person’s presence or absence, attention or inattention during the invocation; or indicate that decisions of the Board will in any way be influenced by a person’s acquiescence in the prayer opportunity.

The content of the invocation provided by the Chaplain shall express his or her private thoughts as governed by the dictates of his or her own conscience. 

            No guidelines or limitations shall be issued regarding an invocation’s content, except that the Board shall request that the invocation be solemnizing and that no invocation should demean or disparage the religious faith or non-religious views of others, nor preach conversion.

            The Board shall not engage in any prior inquiry, review of, or involvement in, the content of any invocation to be offered by the Chaplain. 

To clarify the Board’s intentions, as stated herein above, the following disclaimer shall be included in at least ten (10) point font at the bottom of any printed program or schedule of events published by the Board:

“Any invocation that may be offered before the official start of the Board meeting is offered by a Chaplain who is expressing private thoughts as governed by his or her own conscience, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole.  No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to participate actively in the business of the Board.”

This policy is not intended, and shall not be implemented or construed in any way, to affiliate the Board with, nor express the Board’s preference for, any particular faith or religious denomination. 

UNION COUNTY BOARD OF EDUCATION APPROVED:             1/4/18

REVISED:                 9/5/19 MOVED FROM 1-35 TO 1-24

REVIEWED BY GENERAL COUNSEL: 8/20/19

REVIEWED BY GENERAL COUNSEL: 9/17/20

1. The purpose of this prequalification process is to impartially evaluate a contractor, and to properly determine by its responsible business practices, work experience, manpower, and equipment that it is qualified to bid on a board construction project, including prime contracts awarded by construction managers pursuant to the Construction Manager at Risk (“CM at Risk”) process.  The award of contracts should be the result of open competition in bidding; impartiality in the selection of contractors; integrity in business practices; and skillful performance of public contracts.

2. The administration shall be responsible for prequalifying individual contractors to bid on board construction projects when the administration believes prequalification is preferred.  The administration is not required to prequalify contractors for any particular project or projects.  However, a contractor shall not be allowed to submit a bid on a construction project subject to prequalification, unless it has been prequalified in accordance with board policy. 

 

3. The construction manager and the administration shall jointly develop the assessment tool and criteria for each CM at Risk project, including the prequalification scoring values and minimum requirement score.  The construction manager shall use the process outlined in this policy for the prequalification of contractors on CM at Risk projects.

 

4. Notwithstanding the fact that a contractor was prequalified, the board, administration, and construction manager reserve the right to reject a contractor’s bid if it is determined that the contractor has not submitted the lowest responsible and responsive bid.  The prequalification of the contractor shall not preclude the board, administration, or construction manager from subsequently concluding that the contractor is not a responsible bidder pursuant to 4. G.S. 143-129.  The prequalification of a contract for a project shall only apply to the individual project.  All construction and repair contracts shall be awarded to the lowest responsive and responsible bidder, taking into consideration quality, performance, and the time specified in the proposals for the performance of the contract.

 

1. The superintendent or designee shall designate a school official to oversee the prequalification process for each individual project (“School Prequalification Official”).

 

2. Each prospective bidder on contracts identified for prequalification by the administration and all CM at Risk projects shall submit an application on the approved prequalification application form in order to become prequalified.  The approved prequalification application form will require information to be provided on the ownership of the firm, experience of the firm’s personnel, any affiliations with other construction firms, bonding capacity, financial resources, the type of work performed by the firm, and other objective criteria rationally related to the contract to be awarded. 

 

3. The administration shall ensure that applications prepared for the projects comply with this policy and State law.  The application is to be submitted by the deadline established in the notice of prequalification.  The act of submitting the application does not permit the firm to submit a bid.  Incomplete applications will be rejected or returned for further detail or correction in the sole discretion of the school system or construction manager.

 

1. Organizational Structure – The firm shall provide a list of all owners, officers, partners, or individuals authorized to represent or conduct business for or sign legal documents for the firm.  This list must include the full legal name, typed or printed in a clear legible form.  Firms experiencing changes in ownership, organizational structure, or material changes in assets must inform the school system prior to the award of a contract.  Failure of the firm to comply with this requirement may result in the termination of any contract awarded by the school system or construction manager.

 

2. Classification – The firm shall indicate the type(s) of work the firm’s workforce and equipment normally perform, licensure, and other pertinent information.  The firm shall provide its MWSBE (Minority, Women, Small Business Enterprise) status.

 

3. Experience – The firm shall furnish information that documents the ability of the firm to undertake a project involving the type(s) of work for which prequalification is requested.

 

4. Financial – Upon request, firms will be required to provide a complete current annual financial statement (current within the previous 12-month period).

 

5. Litigation/Claims – Firms must provide information on its success at completing projects on time, including the payment of liquidated damages.  The firm will be required to submit information regarding its litigation history, including litigation with owners. 

 

6. Capacity – Firms shall demonstrate sufficient bonding capacity, insurance, and resources for the project.  Firms must provide relevant information on the personnel that will be directly responsible for the work, including the location of the office that will be primarily responsible for work.  Firms shall also demonstrate an acceptable safety history for construction projects.

 

7. Legal Authorization – All firms must show that they are legally authorized to conduct business in the State of North Carolina and with the school system and have all required licensure for the work to be performed.

 

1. Prequalification Committee – The School Prequalification Official shall establish a committee to review and score applications, including approving and denying prequalification (“Prequalification Committee”).  The superintendent or designee shall not be a member of the Prequalification Committee.

 

2. Review of Applications – The school system’s Prequalification Committee shall use the school system’s objective assessment process.  The prequalification criteria shall not require the firm to have previously been awarded a construction or repair project by the school system.  The prequalification criteria used by the Prequalification Committee shall include prequalification scoring values and the minimum required score to be prequalified for the project.  The school system’s Prequalification Committee shall approve or deny the applications in accordance with the prequalification criteria and scoring system.

 

3. Notice of Decision – The firms shall be promptly notified of the school system’s Prequalification Committee’s decision, including the reason for denial, via e-mail.  Notice shall be provided prior to the opening of bids for the project and with sufficient time for the firm to appeal the denial of prequalification.

 

1. Prequalification Committee – The construction manager and the School Prequalification Official shall agree upon the members of the construction manager’s Prequalification Committee.  The superintendent or designee shall not be on the Prequalification Committee.  The construction manager’s Prequalification Committee will review prequalification applications submitted by the firms and will determine the firm’s prequalification eligibility for the CM at Risk project.

 

2. Review of Applications – The construction manager’s Prequalification Committee and the School Prequalification Official shall agree upon an objective assessment process.  The construction manager and the School Prequalification Official shall develop prequalification criteria, including prequalification scoring values and the minimum required score to be prequalified for the project.  The prequalification criteria shall not require the firm to have previously been awarded a construction or repair project by the construction manager or the school system.  The construction manager’s Prequalification Committee shall approve or deny the applications in accordance with the prequalification criteria and scoring system.

 

3. Notice of Decision – The firms shall be promptly notified of the construction manager’s Prequalification Committee’s decision, including the reason for denial, via e-mail.  Notice shall be provided prior to the opening of bids for the project and with sufficient time for the firm to appeal the denial of prequalification.

 

1. Written Appeal – A written appeal may be filed via hand-delivery or e-mail to the applicable Prequalification Committee within three business days of receipt of notice that the firm has been denied prequalification.  The written appeal shall clearly articulate the reasons why the firm is contesting the denial and attach all documents and additional information supporting the firm’s position.  The Prequalification Committee may contact the firm regarding the information provided prior to ruling on the appeal.  If the Prequalification Committee is satisfied that the firm should be prequalified, the firm shall be notified that it is prequalified to bid on the project and allowed to participate in the bid process.  If the Prequalification Committee upholds its denial, the firm shall be promptly notified in writing via e-mail.

 

2. Hearing – The firm may appeal the Prequalification Committee’s decision on the written appeal by requesting a hearing before the superintendent or designee via hand-delivery or e-mail within three (3) business days of the receipt of the Prequalification Committee’s decision.  The hearing shall be held within five (5) business days.  The firm shall not be allowed to submit additional information without the written consent of the superintendent or designee.  The firm shall be allowed thirty (30) minutes for the hearing.  In the event the superintendent or designee is unable to hold a hearing in a timely manner, he/she may designate a school official to handle the appeal.

 

3. Decision – For projects bid by the school system, the decision of the superintendent or designee or designee shall be final, and the firm shall be promptly notified of the decision via e-mail.  For CM at Risk projects, the superintendent or designee shall notify the construction manager of its recommended decision.  The construction manager shall review the recommended decision and issue a final decision to the school system and firm.  In the event the construction manager rejects a recommendation from the superintendent or designee to prequalify the firm, the construction manager shall provide a written explanation of the denial to both the superintendent or designee and the firm. 

 

4. General Rules for Appeals – Firms submitting applications shall be provided an e-mail address for communication with the construction manager or school system during the appeal process.  The firm shall provide at least two e-mail addresses for use by the school system or construction manager in communicating with the firm.  All appeals shall be completed prior to the date and time for the receipt and opening of bids.

 

1. The Board authorizes remote participation consistent with the requirements of this policy in any meeting of the Board that is not a hearing or other quasi-judicial proceeding.

2. After providing notice to the Chair of the Board and/or Chair of the Committee, a member may attend a meeting and participate in Board deliberations and decisions by remote participation if the member is prevented from physically attending the meeting due to:

a. personal illness or disability;

 

b. out-of-town travel;

 

c. family member illness, death, or emergency;

 

d. weather conditions;

 

e. military service:

 

f. employment obligations; or

 

g. a scheduling conflict, or

 

h. upon permission from the Chair of the Board and/or Committee Chair.

 

Remote participation is not to be used solely for a Board member’s convenience or to avoid attending a particular meeting in person.

3. Acceptable means of remote participation include telephone-, Internet-, or satellite-enabled audio or video conferencing, or any other technology that enables the remote participant and all persons present at the meeting location to be clearly audible to one another. Text messaging, instant messaging, email, and web chat without audio are never acceptable means of remote participation.

 

4. No Board member may participate remotely, for meetings of the full Board, more than three times during a calendar year; however, in justifiable circumstances, the Board may, by two-thirds vote, agree to waive this limitation.

1. A Board member participating in a meeting remotely shall use his or her best efforts to participate in all or as much of the meeting as circumstances permit and not merely for the closed session portion of the meeting or a limited number of agenda items. A member must plan to attend the open session if s/he participates in closed session.

 

2. A Board member participating remotely will be considered present at the meeting for purposes of establishing a meeting quorum and will be entitled to participate in open session deliberations at the meeting if:

 

a. the member is able to hear other members of the Board and any members of the public present at the meeting who are recognized by the Board during public comment;

b. all persons present at the meeting location are able to hear the Board member who is participating remotely; and

c. when video technology is used, the remote participant is visible to all persons present at the meeting location.

 

3. A Board member may participate remotely in a closed session of the Board provided the member provides assurance to the Board that no other person is able to hear, see, or otherwise participate in the closed session from the remote location.

4. A Board member considered present through remote participation will be permitted to vote on any action item at the meeting except:

 

a. any item for which the member was not participating remotely during the entire discussion and deliberation of the matter preceding the vote; and

b. any item that was being discussed when an interruption to the electronic communication occurred, if the Board’s discussion was not suspended during the interruption. A brief loss of simultaneous communication, such as a few seconds, will not disqualify the member from voting on the matter under discussion.

1. A member of the Board who desires to participate in a meeting remotely shall notify the Board Chair and Superintendent at least twenty-four hours in advance of the meeting, if at all possible, so that necessary arrangements can be made.

2. The Chair or designee at the meeting location shall initiate contact with the member prior to the start of the meeting to secure participation.

3. The Chair shall announce the remote participant and the means of remote participation at the beginning of the meeting.

 

4. The Chair may decide how to address technical difficulties that arise when utilizing remote participation, but whenever possible, the Chair should suspend discussion while reasonable efforts are made to correct any problem that interferes with a remote participant’s ability to hear or be heard clearly by all persons present at the meeting location. If, however, the technical difficulties distract from or impede the orderly progress of the meeting, a majority of the members physically present may vote to end the remote participation.

 

5. A member participating remotely shall notify the Chair if leaving the meeting before it is adjourned or rejoining the meeting after a period of absence. Failure to do so, will be considered an affirmative vote on any actions taken the Board after the member leaves.

 

6. All votes taken will be by voice vote.

 

7. Participation by electronic communication will be noted in the official Board minutes. Any interruption to or discontinuation of the member’s participation will also be noted in the minutes.

An electronic meeting is defined as a meeting where all members of the Board are participating by electronic means including conference call or similar means. When the Board holds an electronic meeting, it will provide some means for members of the public to listen to the meeting. Notice of such a meeting will include details of how public access will be provided and how public comments will be received, if applicable.  Any comments received will be immediately placed in the Board meeting materials. To ensure that the comments are available publically in the materials they must be received 24 hours in advance of the meeting. Any comments received after that time will be held until the meeting.

UNION COUNTY BOARD OF EDUCATION

APPROVED:            4/7/20 

•  Only download software or use meeting functionality from Https://Zoom.us
•  Do not make meetings or classroom invitations over social media pages. In Zoom, there are two options to make a meeting private:

 *Require a meeting password and send directly to students.

*Create a waiting room feature and control the admittance of all guests.

•  In Zoom settings, change screen sharing and cameras to “Host Only.
•  Ensure that you are using the January 2020 version of Zoom. In this update, patches were added to enable passwords by default for meetings and disabled the ability to randomly scan for meetings to join.

Before you setup a new meeting, please update the below settings: 

 

 

ELEMENTS OF BUDGET PLANNING

UNION COUNTY BOARD OF EDUCATION

APPROVED:            3/23/93

REVISED:                 1/4/00

REVISED:                 10/16/06

REVISED:                 5/1/12

REVIEWED BY GENERAL COUNSEL: 5/7/18

REVIEWED BY GENERAL COUNSEL: 2/18/20

REVIEWED BY GENERAL COUNSEL: 11/9/20

GRANTS AND FUNDING FOR SPECIAL PROJECTS                 2-4

To fulfill the educational goals of the Board, the Board will seek as many sources of revenue as possible including, but not limited to, the Union County Public Education Foundation.  The Superintendent will seek public and private grants and funding for special projects as a source of supplemental funding. Prior to applying for such a grant, the funding opportunity will be presented to a Board Committee and upon recommendation by the Committee will be reviewed by the Board.  Employees also are encouraged to learn about special funding opportunities and to participate in the development of proposals to obtain the funding.

All applications for grants or specially funded projects will be in accordance with the educational goals of the Board.  Contracts with non-governmental funding entities must be consistent with G.S. 147, art. 6E and art. 6G. When required by the funding agency, the proposals will be presented for Board approval.  The Board will be notified of all funds awarded.

The Superintendent will establish any procedures necessary to develop an efficient and effective process for seeking special funding. 

LEGAL REF.:      N.C.G. S. 115C-36, -47, 147 art 6E, - art 6G  

UNION COUNTY BOARD OF EDUCATION
APPROVED:              3/23/93
REVISED:               1/4/00
REVISED:                  10/16/06
REVISED:            3/6/12
REVIEWED BY GENERAL COUNSEL:     5/7/18
REVIEWED BY GENERAL COUNSEL:     4/15/20
REVIEWED BY GENERAL COUNSEL:     11/9/20
REVISED:            5/3/22    

Schools and Teachers using Crowd (or Fund) Sourcing to raise money for projects

The District encourages schools and individual staff to seek funding for approved special projects. Should the staff member or school wish to use crowd/fund sourcing, the following guidelines shall be followed:

• LivingTree is the only approved crowd/fund sourcing platform in the district. The district does not authorize or support the use of any other platform.  The Superintendent, or designee, may approve the use of another platform in certain limited situations;

• All proposals and donations must benefit the district or individual school and be consistent with the Board’s goals and policies. Crowd/fund sourcing may not be used for campaigns to benefit a specific individual; and

• Crowd/fund sourcing may only be used for projects which support the curricular endeavors of the district by district and school administrators and teachers. Student clubs, extra-curricular activities and athletics may also use crowd/fund sourcing. These guidelines do not apply to crowd/fund sourcing for parent organizations including PTA/PTOs and Booster Clubs.

• All proposals will be approved by (1) the principal or director when individual staff members are seeking the funding or (2) the superintendent or designee for multiple schools/district seeking the funding. The approving party shall consider the public perception of the project when reviewing the proposal;

• The supervisor’s email address will be included on all communications between the site and staff member; and

• No personally identifiable information shall be included in the proposal and a release must be obtained prior to the use of any pictures/videos and images of students and staff.

 

• The quality and character of the donations shall be compatible and comparable to the quality of similar projects within the district;

• All improvements must meet all applicable federal, state, and local laws and building code regulations;

• Production, construction, and installation of any improvements must be approved by the Director of Facilities prior to being included in the proposal;

• Any donations of real property or labor must be approved by the Director Facilities, Superintendent and/or Board prior to being included in the proposal. If the donation is made after the proposal is posted, approval by the Director of Facilities must occur prior to acceptance. Individuals donating labor shall be considered volunteers and must go through the volunteer management system. In addition, the volunteer will be required to sign a waiver;

• Any donations of technology must be approved by the Chief Technology Officer prior to being included in the proposal; and

• The donation must not result in an undue burden on the District for operational costs, maintenance or life cycle costs as determined by the Director of Facilities and/or the Chief Technology Officer for gifts of technology.

 

• All monies raised under the project will be provided to the bookkeeper and tracked to ensure fidelity with the project parameters; and

• All purchases made pursuant to the project will be subject to the inventory procedures of the district and become the property of the Board and not the individual staff member or even the school.

The superintendent shall evaluate any offers of gifts or bequests that are valued in excess of $1,000.00 from one donor in a single academic year and are intended to reside in school budget.  The superintendent must consider the gift’s suitability, any safety hazards, and the cost of maintaining the gift and then make a recommendation to the Board.  For computer equipment or other technological resources, the superintendent shall ensure that such items are compatible with minimum hardware and software standards set by the technology director.  The Board will decide whether to accept the gift on behalf of the school district.

1. The superintendent shall report any offers of gifts or bequests at the next board meeting.  

 

2. Gifts of real or personal property will be accepted only if the donor can demonstrate that he or she has clear and free title to the property.

 

3. The donor may request that a gift or bequest be designated for use in a particular area.  However, the board reserves the right to utilize the funds as deemed appropriate.

 

4. The specific manner in which funds are expended within a designated area will be determined under the direction of the superintendent.

 

5. A gift must not impose any undue financial burden or obligation on the school system.

 

6. All supplies and equipment purchased with funds from any donor become the property of the board, and the title to such property vests in the board.

 

7. The board has no responsibility and makes no promises to continue any program initiated with donor contributions once the donated funds are expended.

 

8. The board may reject any gift or donation that the board determines is in conflict with the educational mission of the school system.

 

9. Any gift or donation from an E-rate service provider must comply with gift rules applicable to federal agencies.

 

10. Before installation, the superintendent or designee must approve the design, location and construction material of major gifts that will become a permanent part of the school facility or grounds, such as playground equipment, bleachers, scoreboards, outdoor lights or fences, etc.  Any such gift also must meet any required safety standards.

 

The superintendent will seek all funds that the constitution requires to be directed to the public schools.  The superintendent will report periodically to the Board the amount of penalties, fines and forfeitures which have been collected.

The accounts of the school district and the individual schools will be audited as soon as possible after the close of each fiscal year by an independent, qualified auditor. The auditor will be selected by the Board and the terms and conditions will be specified in a written contract that complies with the requirements of 20 N.C.A.C. 03.0502(c). The auditor will report directly to the Board. 

The Superintendent will assist the Board in providing for an annual independent audit which meets all requirements as provided by G.S. 115C-447 and any other relevant statute. All employees and agents of the school district having custody of public money or responsibility for keeping records of public financial or fiscal affairs will produce all books and records requested by the auditor and provide any information relating to fiscal affairs requested by the auditor. Any employee who fails to cooperate may be subject to disciplinary action, up to and including dismissal and also may be found guilty of criminal conduct. 

The Board will receive the report and opinion of the auditor and will arrange for the auditor to present to the Board the audited financial statements, compliance reports, if any, and other information as specified in the audit contract. The presentation must be in an official meeting in open session, held as soon as the audited financial statements are available but not later than 45 days after the submission of the audit report to the Secretary of the Local Government Commission.

If required by 20 N.C.A.C. 03.0508, the Board will submit a “Response to the Auditor’s Findings, Recommendations, and Fiscal Matters” to the Secretary of the Local Government Commission pursuant to that rule within 60 days of the auditor’s presentation to the Board.

LEGAL REF.: N.C.G.S. 115C-447; 20 N.C.A.C. 03.0502(c), -03.0508.  

CROSS REF.: Board Policy 3-3, Recruitment and Selection of Personnel 

UNION COUNTY BOARD OF EDUCATION
APPROVED:                  3/23/93
REVISED:                       1/4/00
REVISED:                    10/16/06
REVISED:                    5/1/12
REVISED:                    11/6/14
REVIEWED BY GENERAL COUNSEL: 5/7/18
REVIEWED BY GENERAL COUNSEL: 4/15/20
REVIEWED BY GENERAL COUNSEL: 11/9/20
REVISED:                     3/1/22

LEGAL REF.: N.C.G.S. 115C-443, et. seq.

Unless not feasible in a particular circumstance, the school finance officer shall provide for sufficient separation of duties to ensure that the individual making a deposit is not the same individual who collects, prepares, and/or records the deposit.  All moneys collected, but not promptly deposited shall be kept in a secured drawer, cabinet, or safe with access limited to an authorized officer, employee, or agent.  Authorized individuals shall be kept to the minimum necessary to achieve adequate internal controls and segregation of duties as determined appropriate by the school finance officer.

The Board may accept electronic signature on documents from companies doing business with Union County Public Schools, Parents, and Staff Members.  The decision of acceptance will be at the discretion of the Superintendent or his/her designee.

SELECTION AND EVALUATION

The superintendent will select and the Board will approve a school finance officer.  The finance officer will serve at the pleasure of the superintendent.  The superintendent will evaluate the finance officer to help ensure that all duties as required by law, board policy or the superintendent are met.

DUTIES

The school finance officer provides critical services for the effective planning and use of fiscal resources.  The school finance officer will be responsible to the superintendent for:

• keeping the accounts of the school district in accordance with generally accepted principles of governmental accounting, board policy, the rules and regulations of the State Board of Education, and the rules and regulations of the Local Government Commission;

• utilizing an encumbrance system for tracking obligations; 

• giving the pre-audit and disbursement certificates required by G.S. 115C-441 and establishing procedures to assure compliance;

• approving or disapproving a disbursement, in accordance with G.S. 115C-441(b), when a bill, invoice, or other claim is presented and establishing procedures to assure compliance with all applicable legal requirements for disbursements;

• establishing procedures, as described in 20 N.C.A.C. 03.0409(a)(3) and 20 N.C.A.C. 03.0410(a)(2), for preauditing obligations that will be incurred by electronic payment and for disbursing funds by electronic transaction;

• ensuring that school system personnel are adequately trained about the procedures to be followed for electronic transactions;

•  signing and issuing all checks, drafts, and state warrants by the school district;

•  investing the cash balance of any funds, subject to the Budget Resolution;

• receiving and depositing all moneys accruing to the school district;

• preparing and filing a statement of the financial condition of the school district as often as requested by the superintendent;

• preparing and filing a statement of the financial condition of the school district when requested by the Board of Education or the Board of County Commissioners, but only if such requests are in writing and copied to the superintendent;

• providing the board a monthly budget-to-actual statement that includes budgeted accounts; actual payments made; amounts encumbered, including electronic obligations; and the amount of the budget that is unobligated for all major funds; 

• providing a copy to the board and notice to the county commissioners of any report received from the Teachers’ and State Employees’ Retirement System containing a list of employees whose retirement in the upcoming year would likely result in an assessment to the board for additional employer contribution;

• performing such other duties as may be assigned by law, by the superintendent, or by rules and regulations of the State Board of Education and the Local Government Commission;

•  submitting reports to the Secretary of the Local Government Commission as required by law;

• receiving and accounting for all clear proceeds of fines, penalties, and forfeitures and notifying the superintendent and Board of such funds;

• evaluating all continuing contracts as necessary;

• assisting the superintendent in the development of the budget;

• prescribing the form and detail of records maintained by the school treasurer;

• making salary deductions as provided in Policy 2-14, Payroll Deductions;

• maintaining custody of the facsimile signature devices as provided in Policy 2-11, Facsimile Signatures; and

• maintaining custody of the insurance policy and programs as provided in Policy 2-12, Insurance.

FIDELITY BOND

The finance officer will carry a true accounting and faithful performance bond as required by law. 

LEGAL REF.:          N.C.G.S.  115C-105.25, -435, -436, -441, -442, -443, -445, -446, -488, -452, -528; 20 N.C.A.C. 03.0409, 20 N.C.A.C. 03.0410

CROSS REF.:           Board Policy 2-2, Budget Development, Planning, and Adoption by Resolution

                                    Board Policy 2-11, Electronic Signatures

                                    Board Policy 2-12, Insurance

                                    Board Policy 2-14, Payroll Deductions

Board Policy 2-21, Continuing Contracts

Board Policy 2-21, Continuing Contracts

UNION COUNTY BOARD OF EDUCATION

APPROVED:            3/23/93

REVISED:                 1/4/00 

REVISED:                 10/16/06

REVISED:                 3/6/12

REVISED:                 8/7/18

REVIEWED BY GENERAL COUNSEL: 4/15/20

REVIEWED BY GENERAL COUNSEL: 11/9/20

• obtaining the maximum benefits from all school district monies for students and to further the educational goals of the Board;

• conducting all purchasing activities according to applicable laws, rules and regulations, good purchasing practices and ethical principles;

• providing a climate of fair and open competition for all qualified vendors;

1. solicit or accept any gifts, favor, reward, service or promise of reward, including a promise of future employment, in exchange for recommending, influencing or attempting to influence the award of a contract;

2. accept trips or meals from contractors, subcontractors or suppliers, except gifts or favors of nominal value or meals furnished at banquets; or

3. solicit or accept any gift or donation from an E-rate service provider in violation of federal gifting rules.

• An employee obtains a direct benefit when the employee or his or her spouse will receive income, commission, or property under the contract or the employee or spouse has more than a 10 percent interest in an entity that is a party to the contract.

 

• Participation in making or administering a contract includes, but is not limited to, participating in the development of specifications or contract terms; obtaining or reviewing bids; preparation or award of the contract; and having the authority to make decisions about, interpret, or oversee the contract.

• A real or apparent conflict exists when the employee, his or her immediate family member or partner, or an organization which employs or is about to employ any of those individuals, has a financial or other interest in or receives a tangible personal benefit from a firm considered for a contract. For purposes of this subsection, a “financial interest” means a financial interest which comprises more than five percent of the equity of the firm or business or more than five percent of the assets of the economic interest in indebtedness. It does not include an ownership interest held through a fiduciary, such as a mutual fund or blind trust, where the individual or individual’s employer has no control over the selection of holdings.

• acquire a financial interest in any property, transaction, or enterprise;

• gain a financial benefit that may be affected by the information or contemplated action; or

• intentionally aid another to acquire a financial interest or gain a financial benefit from the information or contemplated action.

• making purchases for all departments in accordance with applicable laws and regulations, including the requirements of the State Division of Purchase and Contract, board policy, the superintendent’s directives, good purchasing practices and ethical principles;

The Board is the sole agency authorized to execute contracts between the school district and any firm or person, including but not limited to, contracts offering to provide materials, equipment or services to the school district. Creditors are on notice that the Board will not honor contracts entered into by school or school system officials without authority to enter into contracts. This Policy applies only to contracts being entered into with state and/or local funds. Contracts being entered into with federal funds must comply with the rules applicable to those funds.

A. AUTHORIZATION TO ENTER INTO CONTRACTS

No contract requiring the expenditure of funds may be agreed upon unless the budget resolution adopted pursuant to Board Policies 2-2, Budget Planning and Adoption, and 2-3, Budget Resolution, authorizes the expense and there is a sufficient unencumbered balance to pay the amount to be disbursed. (See policy 2-20, Pre-Audit and Disbursement Certifications.) Any contract involving expenditures in excess of $100,000 must be reviewed in advance by the legal counsel and then approved by the Board. Unless otherwise prohibited by statute or regulation, Superintendent or designee is authorized to enter into contracts or change orders involving amounts up to $100,000.00. Contracts are not to be divided to avoid this requirement to the same vendor in the same fiscal year or any consecutive 12-month period. The Board, through Committee, will be notified monthly of all revisions to approved contracts or any changes to the scope of a contract.

To provide greater flexibility at the school and departmental levels, the Superintendent may establish circumstances in which principals may enter contracts involving amounts up to $5,000.00 except Superintendent, or designee, approval is required for contracts that would result in more than $5,000.00 being paid to the same vendor during the same fiscal year or any consecutive 12-month period. The Superintendent, with appropriate involvement of the finance officer, will establish any procedures necessary to ensure fiscal accountability and reporting by principals and department heads who enter into contracts.

B. CONTRACT FORMS

Any contract forms developed for use by a school or the school district must be reviewed by legal counsel.

C. LEASE PURCHASE CONTRACTS

Any request to enter lease purchase contracts as authorized by G.S. 115C-528, regardless of dollar amount, must be approved by the finance officer and legal counsel. After considering the principal and amount of interest, the Superintendent must determine that the lease purchase is a fiscally prudent choice that is consistent with Board policy. The finance officer will provide the Board with periodic reports on lease purchase contracts, including the amount of the principal, interest paid and the amount of the outstanding obligation.

D. OTHER APPLICABLE POLICIES AND LAWS

Purchases will be made as required by the State Division of Purchase and Contract. All contracts involving construction or repair work or purchase of apparatus, supplies, materials or equipment must be undertaken in compliance with Chapter 143 of the North Carolina General Statutes and Board policies.

All contracts subject to the E-Verify requirement will contain a provision stating that the contractor and the contractor’s subcontractors must comply with the requirements of Article 2 of Chapter 64 of the General Statutes.

LEGAL REF.: N.C.G.S. 64 art. 2, 115C-36, -47, -264, -440, -441, -522, -528; G.S. 14-234, G.S. 143-49, art. 8; 147 art. 6E, art. 6G

CROSS REF.: Board Policy 1-4, Board Responsibilities
Board Policy 2-2, Budget Development, Planning and Adoption by Resolution
Board Policy 2-20, Pre-Audit and Disbursement Certifications

UNION COUNTY BOARD OF EDUCATION
APPROVED 6/6/00
REVISED: 11/8/00
REVISED: 10/2/01
REVISED: 12/6/04
REVISED: 6/23/09
REVISED: 5/11/10
REVISED: 11/1/16
REVISED: 8/7/18
REVISED: 3/2/21
REVISED: 9/7/21

BACKGROUND AND SCOPE OF REGULATION

This regulation sets forth the Superintendent’s approved delegations and sub-delegations of contract signature authority to various administrative officials for contracts signed on or after the regulation’s effective date.  This does not remove the responsibility of the Cabinet staff member to notify the Superintendent of purpose of the contract and the essential terms. The Cabinet staff member shall use his/her best judgement in determining which contracts the Superintendent needs to execute. Furthermore, all contracts must still be reviewed as to form by the General Counsel and complete the pre-audit process of the Chief Finance Officer.

For purposes of this regulation, a contract means an agreement between two or more persons that creates a legally binding obligation to do or not to do a particular thing.  A contract may be titled as an agreement, a memorandum of understanding, memorandum of agreement, a promise to pay, or may use other terminology.  A contract may or may not involve the payment of money. Any contract valued in excess of $100,000 must be signed by the Chairperson of the Board of Education.

UNAUTHORIZED CONTRACTS

The Board does not recognize contracts signed by district employees or agents as binding on the Board unless the employee who signed the contract has duly delegated signatory authority.

Employees who sign contracts purporting to bind the Board without authority properly delegated under this regulation may be personally liable to the contractor and to the Board, and may be subject to disciplinary action.

All previous delegations of authority are superseded and rendered void as of the effective date of this regulation.

GENERAL DELEGATIONS OF AUTHORITY

The Superintendent retains residual executive authority to sign contracts for the Board notwithstanding the delegations of authority contained in this regulation.

Cabinet staff members are delegated the authority to sign all contracts, specific to the individual member division, for which the Superintendent has signature authority that may be further sub-delegated.

SPECIFIC DELEGATIONS OF AUTHORITY

Specific delegations of contract signature authority for specified contracts to Cabinet staff members are set forth in this section.  An individual with delegated signature authority who signs a contract on behalf of the District has the responsibility to ensure that the contract follows District and State policies, regulations, rules and guidelines and that all necessary insurance coverage is in force.  Such delegation of signature authority may not be further sub-delegated except as authorized by this regulation.

Academic Contracts

Authority to sign contracts related to academic exchange and academic cooperative agreements, academic personnel, scholarly leave agreements requiring District signature, academic placements (such as field work internships or clinical training), and academic matriculation and curriculum exchange is delegated to the Assistant Superintendent for Teaching and Learning.

Research Contracts and Sponsored Programs

The authority to sign contracts, grants, consortia, center, cooperative and other research and public service agreements is delegated to the Cabinet staff member that will oversee the contract/grant.

Permissions to Use District Name, Marks, Symbols, and Copyright

With the exception of permissions for the use of District-owned software or permission for use of copyrighted works generating revenue beyond direct cost recovery, which are within the delegated authority of the Chief Technology Officer, the authority to sign agreements granting permission to use District-owned works subject to copyright, such as text, graphics, photography, and similar material, is delegated to the Assistant Superintendent for Communications and Community Relations.

The authority to sign contracts necessary for the operation of the District’s trademark licensing program, including but not limited to the authority to register such marks, symbols and other indicia of the District in the various states and with the U.S. Patent and Trademark Office as deemed appropriate, to enter into a contract with an agent for the licensing of the Board marks, symbols, and indicia in a manner deemed consistent with the purposes and needs of the District, and to sign agreements granting permission to use the District’s names, logos, and other trademarks in connection with the District’s trademark licensing program is delegated to the Assistant Superintendent for Communications and Community Relations.

Settlement Agreements of Potential or Pending Litigation

Signatory authority for settlements that require the District to pay up to ten thousand dollars ($10,000.00) remains exclusively with the Superintendent.  Signatory authority for settlements that require the District pay greater than ten thousand dollars ($10,000.00) remains with the Board of Education.

Authority to sign standard release forms that have been approved by the Office of General Counsel where the District is paid actual damages for damages to real or personal property are delegated to the Assistant Superintendent for Administration and Operations and to the Chief School Performance Officer for releases involving students.

Other Contracts

All agreements where signature authority is not specifically delegated elsewhere in this Regulation are delegated to the Cabinet staff member that will be responsible for contract oversight and are further sub-delegated as set forth below.

Delegations and sub-delegations of authority to sign a Standard Form Agreement do not include authority to make changes to the Standard Form Agreement.  A Standard Form Agreement is one that has been approved as to legal form and sufficiency by the Office of General Counsel.  The Office of General Counsel must review any changes to the Standard Form Agreement before the agreement may be signed.

General Business Contracts

Small Purchases Not Involving Contracts.  School principals and department heads have the authority to make small purchases where no contract is involved and the consideration is limited to five thousand dollars ($5,000.00) or less per transaction.  Any purchasing transaction involving a contract shall be processed by the Director of Procurement.

Authority to sign contracts where the value of the agreement does not exceed five thousand dollars ($5,000.00) is sub-delegated to the Cabinet staff member that will be responsible for contract oversight. 

Facility Use Agreements

Agreements permitting the use of the Board’s facilities by non-District entities shall be processed in accordance with Policy 2-49 Use of Facilities and the Administrative Guidelines to Policy 2-49.

Special Business Agreements

Contracts for athletic contests and contracts for hotel rooms and transportation services used by district varsity sports teams are delegated to the Assistant Superintendent for Administration and Operations and the Director of Athletics.

Insurance Applications and Proof of Loss forms are sub-delegated to the General Counsel and the Risk Manager.

Outside Counsel Agreements and Litigation Consultant Agreements for retaining attorneys, law firms, litigation consultants, and expert witnesses are sub-delegated to the General Counsel.

Software and information technology transactions of five thousand dollars ($5,000.00) or less, including the acceptance of terms of “clickwrap agreements,” are sub-delegated to the Chief Technology Officer.

UNION COUNTY BOARD OF EDUCATION

ADOPTED:                                                    6/13/17

REVIEWED BY GENERAL COUNSEL:    2/12/21

“This instrument has been pre-audited in the manner required by the School Budget and Fiscal Control Act.”

 

Date _____________________

 

Signature of Finance Officer _____________________________________

 

“This disbursement has been approved as required by the School Budget and Fiscal Control Act.”

 

Date _____________________

 

Signature of Finance Officer _____________________________________

 

 

The following procedures and standards will be used in making decisions to enter continuing contracts:

All purchases of equipment, materials and supplies will be made in accordance with laws and applicable policies and  regulations, including Article 8 of Chapter 143 and Articles 6E and 6G of Chapter 1471 of the North Carolina General Statutes, Board policy, and school system purchasing procedures.  Purchasing contracts subject to the E-Verify requirement will contain a provision stating that the contractor and contractor’s subcontractors must comply with the requirements of G.S. Chapter 64, Article 2. Purchases using federal funds must also be made in accordance with all applicable requirements of federal law and regulation, including the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”) issued by the U.S. Office of Budget and Management. All employees involved in purchasing are expected to be familiar with these requirements.

The Director of Purchasing shall ensure that written specifications for desired products are descriptive and clear and incorporate the quality requirements and service needs of the school system. There is no minimum number of bids, proposals, or quotes required for the purchase of apparatus, supplies, materials, and equipment (whether formally or informally bid); however, the Board encourages the Director of Purchasing to obtain at least two bids, proposals, or quotes when feasible.

Except as otherwise required by law or specified by the Board, the Board delegates to the superintendent the authority to award contracts for the purchase of apparatus, supplies, materials, and equipment involving amounts up to $100,000. Any contracts involving expenditures greater than this amount must be approved by the Board. The Director of Purchasing and any additional staff deemed appropriate by the superintendent shall review submissions of bids, proposals, or quotes to determine if they are responsive to the system’s specifications and make recommendations to the superintendent. The superintendent may award the contract based upon such recommendations or make a recommendation to the board for award of the contract by the Board.

Equipment, apparatus, materials and supplies must be purchased in accordance with the following:

A. Formal Bids (Equal To or More Than $90,000)

The purchase of apparatus, supplies, materials, or equipment for expenditures equal to or more than $90,000 must be secured through the competitive bid process governed by G.S. 143-129.  The superintendent, in consultation with the Director of Purchasing, is authorized to determine the best method for formally bidding a product or, as appropriate, utilizing one of the exceptions to formal bidding as provided below in Section E.  The Director of Purchasing shall oversee the use of any purchasing method and ensure that all state requirements are met, including advertisement, sealed bids, maintaining records, and public opening of bids.  The Board authorizes the use of newspaper advertisement, electronic advertisement, or both for formal bids; however, the superintendent or designee has the authority to determine which method will be used for a specific purchase or categories of purchases.

Awards will be made to the lowest responsible bidder(s) whose bid or proposal meets the requirements and criteria set forth by the school system, taking into consideration quality, performance, and the time specified in the proposal for the performance of the contract.  To be eligible for an award of a contract subject to G.S. 143-129, the contractor and its subcontractors, if any, must demonstrate compliance with all applicable provisions of G.S. Chapter 64, Article 2, including the responsibility to use E-Verify.  All contracts awarded must be in writing.

The Board permits the use of the following processes for contracts that require formal bidding.

1. Competitive Sealed Bids

A competitive sealed bid (or invitation to bid) may be used to request the cost of particular goods by providing detailed specifications in advance. 

2. Reverse Auction

Pursuant to G.S. 143-129.9(a)(1), the school system may use reverse auctions as an alternative to sealed bid procedures.  For purposes of this policy, “reverse auction” means a real-time purchasing process in which bidders compete to provide goods at the lowest selling price in an open and interactive environment. The superintendent, in consultation with the Director of Purchasing, shall determine whether reverse auctions are appropriate for a specific purchase or category of purchases.  To conduct a reverse auction, the purchase officer may use a third party, may use the state’s electronic procurement system, or, if appropriate equipment is available, may conduct the auction using school system equipment.

3. Exceptions to Formal Bids

Any of the processes outlined below in Section E may be used in lieu of formal bidding, so long as all requirements of state law are met.

B. Informal Bids ($30,000 - $90,000)

The purchase of apparatus, supplies, materials, or equipment for expenditures of at least $30,000 but less than $90,000 must be secured through the informal bidding process governed by G.S. 143-131.  The superintendent, in consultation with the Director of Purchasing, is authorized to determine the best method for securing informal bids on a product.  The Director of Purchasing shall oversee the use of any purchasing method and ensure that all state requirements are met, including maintaining records of all bids submitted.  Records of informal bids will not be available for public inspection until the contract has been awarded.  Awards will be made to the lowest responsible, responsive bidder(s) whose bid or proposal meets the requirements and criteria set forth by the school system, taking into consideration quality, performance, and the time specified in the proposal for the performance of the contract.

1. Competitive Sealed Bids

Informal bid requirements may be met by the use of sealed bids.  The Director of Purchasing may utilize the methods for formal competitive bids provided in Section A or may determine other appropriate methods for soliciting sealed bids.  The bid specifications must include the time, date, and place for opening bids.  No advertisement for bids is necessary however, the Director of Purchasing may advertise for bids as s/he deems appropriate.

2. Quotations

Informal bid requirements may be met by the solicitation of quotes from prospective vendors.  Quotations may be solicited and submitted via telephone, fax, e-mail, or the North Carolina E-Procurement system.  Telephone quotes must be placed in writing before a final contract will be awarded. Written quotations must be on the vendor’s letterhead or an official quotation form.

3. Reverse Auction

A reverse auction may be used to solicit informal bids, consistent with the process provided in Section A.2.

4. Exceptions to Informal Bids

Any of the processes outlined below in Section E may be used in lieu of informal bidding, so long as all requirements of state law are met.

C. Local Requirements for Purchases For Less Than $30,000

When competitive bidding is not statutorily required, purchases should be made under conditions that foster competition among potential vendors. Purchasing decisions should be made after considering price, quality, suitability for specified need, and timeliness of delivery and performance. The Board may refuse to enter into a contract with a supplier or contractor whose performance on a previous contract was found to be unsatisfactory by the superintendent or the Board.

If informal bidding is used, the informal bidding process described in Section B, above, will be followed.

D. Electronic Bidding

Pursuant to G.S. 143-129.9(a)(2), the school system may receive bids electronically in addition to or instead of paper bids.  If electronic bids are used for purchases that must be formally bid, procedures for receipt of electronic bids must be designed to ensure the security, authenticity, and confidentiality of the bids to at least the same extent as provided with paper bids. The superintendent, in consultation with the Director of Purchasing, shall determine whether electronic bidding is appropriate for a specific purchase or category of purchases. 

E. Exceptions to the Formal and Informal Bidding Requirements

The school system may utilize the following purchasing options instead of pursuing competitive bidding.  Formal or informal bidding is not required if any of these processes are used.  The Director of Purchasing shall gather information to document the basis for the use of any exceptions to the competitive bidding requirements.  The superintendent, in consultation with the Director of Purchasing, may determine that using one of the following exceptions is appropriate for a specific purchase or group of purchases.

1. Purchases from Other Governmental Agencies

Pursuant to G.S. 143-129(e)(1), the school system may contract for the purchase, lease, or other acquisition of apparatus, supplies, materials, or equipment from any other federal, state, or local governmental agency.

2. Special Emergencies

Pursuant to G.S. 143-129(e)(2), competitive bidding is not required in cases of special emergencies involving the health and safety of people or their property.  For an emergency to exist under the statute, the following factors must exist:  (1) the emergency is present, immediate, and existing; (2) the harm cannot be averted through temporary measures; and (3) the emergency was not self-created by the school system.

3. Competitive Group Purchasing

Pursuant to G.S. 143-129(e)(3), the school system may make purchases through a competitive bidding group purchasing program, through which another entity uses a competitive process to establish contracts on behalf of multiple entities at discount prices.

4. State Term Contract

Pursuant to G.S. 143-129(e)(9),the school district must purchase products included in state term contracts with the state contractor for the price stipulated in the state term contract, unless such items are purchased at a lower cost and the procedures outlined in this policy are followed. Any employee who places an order in violation of this requirement may be held personally liable for the monetary amount of the order and any other loss sustained.

5. Sole Source Items

Pursuant to G.S. 143-129(e)(6), upon approval of the Board of Education, the school system may purchase an item through a single or sole source contract under the following circumstances:  (1) when performance or price competition is not available; (2) when a needed product is available from only one source of supply; or (3) when standardization or compatibility is the overriding consideration.  When requesting a purchase under the sole source exception, the Director of Purchasing shall provide the Board with documentation that justifies the use of the exception.

6. “Piggybacking” or Previously Bid Contracts

Pursuant to G.S. 143-129(g), upon approval of the Board of Education, the school system may purchase from any supplier that, within the previous 12 months, has contracted to furnish the needed item to the federal government, to any state government, or to any agency or political subdivision of the federal government or any state government.  Before recommending a purchase using the piggybacking exception, the Director of Purchasing shall ensure that the following requirements are met:  (1) the price and other terms and conditions of the contract are at least as favorable as the prior contract; (2) the contract was entered into following a public, formal bidding process substantially similar to that required by North Carolina General Statutes; (3) the same vendor is used; and (4) notice of intent to award the contract without bidding is publicly advertised at least 10 days prior to the regularly-scheduled Board meeting at which the contract will be approved.  Before approving the contract, the Board must determine that using the contract is in the best interest of the school system.

7. Purchases of Information Technology Goods and Services

Pursuant to G.S. 143-129(e)(7) and 143B-1324(b), the school system may purchase or lease information technology through contracts established by the Technology Services Department.  The Director of Purchasing shall work with the Technology Services Department to ensure that any such purchases meet the needs of the school system.

In addition, the school system also may purchase information technology goods and services by using a request for proposal (RFP) pursuant to G.S. 143-129.8, provided that the following requirements are met:  (1) notice of the request is provided consistent with the formal bidding notice requirements and (2) contracts are awarded to the person or entity that submits the best overall proposal as determined by the Director of Purchasing and superintendent.  The RFP should describe the scope of work, general terms and conditions, specifications of the product needed by the school system, and the application process.  The Chief Technology Officer shall assist the Director of Purchasing in reviewing the responsiveness of any RFP submitted pursuant to this subsection.  RFPs will be evaluated using the “best value” method as defined in G.S. 143-135.9(a)(1) so that the system may select the most appropriate technological solution to meet the school system’s objectives.  However, if the Director of Purchasing considers the purchase to be highly complex or is unable to clearly determine what the optimal solution for the school system is, the “solution-based solicitation” or “government-vendor partnership” method may be used.  The Director of Purchasing may negotiate with the proposer to obtain a final contract that meets the best needs of the school system, so long as the alterations based on such negotiations do not deprive proposers or potential proposers of the opportunity to compete for the contract and do not result in the award of the contract to a different person or entity than would have received it if the alterations had been included in the RFP.

8. Gasoline, Fuel, and Oil Purchases

Pursuant to G.S. 143-129(e)(5), the school system may purchase gasoline, fuel, and oil products without using formal competitive bidding.  However, such purchases are subject to the informal bidding requirements provided above.

9. Used Products

Pursuant to G.S. 143-129(e)(10), the school system may purchase previously used apparatus, supplies, materials, or equipment without using formal competitive bidding.  Before purchasing used products, the Director of Purchasing shall ensure that the products are in good, usable condition and will be sufficient to meet the school system’s needs for a reasonable period of time.

10. Published Materials

Pursuant to G.S. 115C-522(a), compliance with Article 8 of Chapter 143 of the General Statutes is not mandatory for the purchase of published books, manuscripts, maps, pamphlets, and periodicals.  Such purchase shall be made in accordance with Section C of this policy.

F. Lease Purchase Contracts and Other Contracts Financed Over Time

Lease purchase contracts, contracts that include options to purchase, and leases for the life of equipment all must be bid consistent with the requirements of G.S. 143-129 and 143-131.  The Director of Purchasing shall ensure that such contracts meet the legal requirements and the provisions of Board policy.

G. Use of School System Term Contracts

The school system may create and use term contracts for items that are routinely purchased by the school system.  If the estimated expenditure for a routine item under the term contract is equal to or exceeds $90,000, the contract must be formally bid.  If the estimated expenditure is at least $30,000 but less than $90,000, the contract must be informally bid.  The Director of Purchasing may incorporate the use of a term contract in the bidding specifications.  If term contracts are used, the Board attorney, in consultation with the Director of Purchasing, shall review the contracts.

H. Historically Underutilized Businesses

The Board affirms the state’s commitment to encouraging the participation of historically underutilized businesses in purchasing functions.  The Board will comply with all legal requirements and the standards in Board policy.

The superintendent will cause a Procurement Manual to be developed consistent with this policy and law.

LEGAL REF.:          G.S. 115C-522, -522.1; 143-48 et. seq.

UNION COUNTY BOARD OF EDUCATION

APPROVED:            3/7/00 

REVISED:                 11/9/06

REVISED:                 5/1/12

REVISED:                 6/5/18

REVIEWED BY GENERAL COUNSEL: 4/15/20

REVIEWED BY GENERAL COUNSEL: 11/9/20

The Board is committed to minimizing disruptions to instructional time and the educational environment. No person, agent, representative or salesperson shall solicit or attempt to sell or explain any article of property or proposition to any teacher or pupil of any public school on the school grounds during the school day without having first secured the written permission and consent of the Superintendent /designee(s).

As a general rule, students, school organizations, teachers and/or other school employees may not sell commercial products (including hand-made products) during the instructional school day. Individuals and organizations must secure approval from the principal prior to conducting collections or solicitations on school grounds. Fliers and other materials that are to be distributed or displayed in conjunction with an approved collection or solicitation must be approved by the principal.

Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.

Sales Representatives and Other Visitors

Visitors, including agents, representatives, and sales representatives, having the above written permission, who might call on employees or students at the school, must first obtain permission from the school’s administration.

LEGAL REF.:          N.C.G.S. 14-238

UNION COUNTY BOARD OF EDUCATION

APPROVED:            3/23/93

REVISED:                 4/11/00

REVISED:                 11/9/06

REVISED:                 3/6/12

REVISED:                 8/7/18

REVIEWED BY GENERAL COUNSEL: 4/15/20

REVIEWED BY GENERAL COUNSEL: 11/9/20

  Administrative Guidelines For Sales Representatives                                2-25

1.      Written permission from the Superintendent/designee only authorizes the sales representative to request permission from the principal to present their product or services to the school staff. The principal has the authority to approve or deny such requests.

2.      Sales representatives meeting with staff to sell and/or explain any article of property or proposition that will contribute to the educational mission and/or efficient operation of the school can do so at times and places designated by the principal.

3.      Sales representatives meeting with staff to sell and/or explain any article of property or proposition that is intended for the personal use and/or service to the employee is prohibited during the school day.  Such meetings can only take place before or after the working hours of the school staff.  This also applies on teacher workdays.

4.      The only exceptions to # 3 above are meetings with sales representatives administering fringe benefits for the school system, i.e. flexible benefits, etc.  The Superintendent/designee will inform schools of sales representatives who are approved to hold such meetings with staff members.

UNION COUNTY BOARD OF EDUCTION

REVISED:                                                     10/31/02

REVISED:                                                     3/6/12

REVIEWED BY GENERAL COUNSEL: 1/21/21           

DUTIES

Fixed asset accounting is an important part of the stewardship responsibility of school officials. It allows school officials to properly account for the financial and economic resources of the school system. An inventory control system will be established for all tangible fixed assets owned or possessed by the Board. The Superintendent, or designee, shall ensure that a physical account of fixed assets is taken on an annual basis.

A. Definition of Fixed Assets

 

Fixed assets are items of tangible property, both real and personal, having a value of $500 or more and an estimated useful life of two years or more. Fixed assets are distinguishable from intangible property, such as money or securities, and consumable tangible property, such as office supplies.

B. Categories of Fixed Assets

 

For the purposes of accounting and inventorying fixed assets, they will be divided into the following categories.

1. Land: Real property owned in fee simple, easements, rights-of-way and leases, and other interests in land.

2. Land Improvements: Permanent improvements (excluding buildings as defined in Section 3 below) that add value to the land or improve the use of land, such as sidewalks, parking lots, driveways, fences, and drainage systems.

3. Buildings: Any permanent or portable, man-made structure owned by the board of education and used to house or shelter persons or property, including schools, offices, warehouses, garages, sheds, and similar structures.

4. Equipment: Any portable, tangible personal property not permanently affixed to real property that is owned, leased or used by the school system, including such items as machinery, tools, furniture, computers, and motor vehicles.

 

C. Recordkeeping

 

The Superintendent, or designee, shall develop an appropriate record keeping and inventory system for the district’s fixed assets.

UNION COUNTY BOARD OF EDUCATION
APPROVED: 3/3/20

REVIEWED BY GENERAL COUNSEL: 11/9/20

SCHOOL DISTRICT GOOD FAITH EFFORTS

PARTICIPATION BY WOMEN                   2-29

AND                              (Page 1 of 2)

                                              MINORITY-OWNED BUSINESSES

The board affirms the State’s commitment to encourage participation of minority-owned and female owned businesses in the school district’s construction contracts.

After notice and public hearing, the board has adopted the following verifiable percentage goals for participation in the school district’s contracts by historically underutilized businesses:

            Five percent (5%) participation by minority-owned and

            female-owned businesses in the total value of work for

            each building project involving erection, construction,

            alteration or repair for which the cost exceeds $100,000.

SCHOOL DISTRICT GOOD FAITH EFFORTS

The board has adopted the following guidelines to ensure that the school district will make good faith efforts to reach diverse contractors and to encourage participation in the school district’s construction contracts by such contractors.  The school district will:

• make information about the school district’s formal and informal bidding process readily available.

• advertise for bids in media that reaches minority businesses.

• ensure access to building documents needed for making bids on projects.

• encourage businesses experiencing difficulty in meeting the bonding, licensing and bid deposits required by state law in larger construction projects to utilize resources and assistance offered by local, state and federal agencies.

GOOD FAITH EFFORTS REQUIRED BY CONTRACTORS

All bidders on major school construction and renovation projects who intend to subcontract any part of the project must provide affidavits indicating that a good faith effort has been made in preparing the bid to meet the board of education’s verifiable goal for participation by minority-owned and female-owned businesses.

The failure to make a good faith effort to meet the board’s goal may result in the bid being considered non-responsive and being rejected.

            PARTICIPATION BY WOMEN                  2-29

AND                                       (Page 2 of 2)

         MINORITY-OWNED BUSINESSES                

The superintendent will establish administrative procedures to verify qualified businesses and good faith efforts by bidders.

LEGAL REF.:  City of Richmond v. J.A. Croson Co., 488 U.S. 469 (1989); G.S. 143-128

UPDATED:  September 24, 1999

UNION COUNTY BOARD OF EDUCATION

APPROVED:             5/2/00 

REVISED:                 11/9/06

REVISED:                 3/5/13

REVISED:                                                     9/5/19 MOVED FROM 2-29 TO 7-6

REVIEWED BY GENERAL COUNSEL: 6/9/20

The School Nutrition Services (SNS) program will be operated in a manner consistent with board goals and board policy.  The program also will be operated in compliance with all applicable state and federal law, including requirements of the National School Lunch Program and all federal guidelines established by the Child Nutrition Division of the United States Department of Agriculture.  Specific legal requirements that must be met include, but are not limited to, the following.

1.   No child will be discriminated against because of race, sex, color, national origin, disability, age, or eligibility status for free and reduced price meals.

2.   The SNS program will meet safety and sanitation requirements established in local, state, and federal rules and guidelines for school nutrition services programs.

3.   The SNS program will have a written food safety program that includes a hazard analysis critical control point plan for each school.

4.   Menu preparation, purchasing, and related record keeping will be consistent with applicable state and federal rules and guidelines.

5.   Banking, financial record keeping, budgeting, and accounting will be conducted in   accordance with generally accepted practices and procedures, as dictated by the School Budget and Fiscal Control Act and in accordance with state and federal guidelines.

6.   Commodity foods donated by the United States Department of Agriculture will be used and accounted for in accordance with federal regulations.

7.   Preference will be given in purchasing contracts to high-calcium foods and beverages, as defined in G.S. 115C-264.1, and to foods grown or raised within the state of North Carolina.

8.   SNS funds will be used only for the purposes authorized by law.  Indirect costs, as defined by law, will not be assessed to SNS unless the program has a minimum of one month’s operating balance.

9.   The price for meals will be determined in accordance with federal law. 

10. Nonprogram foods will be priced to generate sufficient revenues to cover the cost of those items.  A nonprogram food is defined as a food or beverage, other than a reimbursable meal or snack, that is sold at the school and is purchased using funds from the child nutrition account. 

11. All school nutrition services will be operated on a non-profit basis for the benefit of the SNS.  School nutrition services are those that are operated from 12:01 a.m. until 30 minutes after the end of the school day. 

12. All income from the sale of food and beverages that is required by law or regulation to be retained by the SNS will be deposited to the SNS account and will be used only for the purposes of the school’s non-profit lunch and breakfast programs.  All funds from food and beverage sales not otherwise required by law to be deposited to the SNS account will be deposited into the proper school account in accordance with guidelines developed by the superintendent or designee. 

13. All competitive foods sold on school campuses will meet federal and state standards for nutrient content.

Students who are required to pay for meals are expected to provide payment in a timely manner.  The board recognizes, however, that students occasionally may forget or lose their meal money.  In the event that a student is unable to pay for a meal on a particular day, the following will apply:

      Breakfast/Lunch.

a.      Elementary School. Students may charge a reimbursable meal.  A student carrying a negative balance of $5.00 in a meal account will receive a letter sent home to his/her parent. Payment of the balance is expected in a timely manner.

b.      Middle and High School.  Students may charge a reimbursable meal.  A student carrying a negative balance of $16.80 in a meal account will not be permitted to accrue additional charges until the negative balance drops below $16.80.  Instead the student will be served a meal provided at no cost to the student.  Appropriate modifications to the reimbursable meal will be made when required by the student’s documented special dietary needs.  To safeguard the dignity and confidentiality of students in the serving line, reasonable efforts must be used whenever possible to avoid calling attention to a student’s inability to pay.

c.       A la carte items. No charges are allowed for students, staff or visitors.

The Director of SNS and principal shall work jointly to prevent meal charges from accumulating and shall make every effort to collect all funds due to the SNS on a regular basis and before the end of the school term.  Notices of low or negative balances in a child’s meal account will be sent to parents and the principal at regular intervals during the school year and are available to parents by signing up for account notification at www.k12paymentcenter.com. If a parent regularly fails to provide meal money and does not qualify for free meal benefits, the child nutrition director shall inform the principal, who shall determine the next course of action.  Parents are expected to pay all meal charges in full by the last day of each school year.  Negative balances on student accounts will be carried forward to the following school year.  However, the superintendent and finance officer shall ensure that federal child nutrition funds are not used to offset the cost of unpaid meals and that the SNS is reimbursed for bad debt resulting from uncollected student meal charges prior to September 30 each year.

This policy and any applicable procedures regarding meal charges must be communicated to school administrators, school food service professional, parents, and students.  A copy of the meal charges policy will be placed in the handbook disseminated annually and available on the district website.

Section 1:                                                                                                  

The Superintendent or his designee is hereby authorized, pursuant to Article 12 of G.S. 160, to dispose of any surplus personal property owned by the Union County Public Schools, whenever he determines, in his discretion, that:

a.      The item or group of items has a fair market value of less than $30,000.00;

b.      The property is no longer necessary for the conduct of public business; and

c.       Sound property management principles and financial considerations indicate that the interests of the Board would best be served by disposing of the property.  

Section 2:

The Superintendent or his designee may dispose of any such surplus personal property by any means which he judges reasonably calculated to yield the highest attainable sale price in money or other consideration, including but not limited to, the methods of sale provided in Article 12 of G.S. Chapter 160A. Such sale may be public or private, and with or without notice and minimum waiting period.

Section 3:

The surplus property shall be sold to the party who tenders the highest offer, or exchanged for any property or services useful to the Board if greater value may be obtained in that manner, and the Superintendent or his designee is hereby authorized to execute and deliver any applicable title documents. If no offers are received within a reasonable time, the Superintendent or his designee may retain the property, obtain any reasonably available salvage value, or cause it to be disposed of as waste material. No surplus property may be donated to any individual or organization except by resolution of the Board.

Section 4:

The Superintendent or his designee shall, on or before the first day of February, report in writing to the Board on any property disposed of under these provisions from July 1 through December 31, of the previous year, and shall, on or before the first day of August, report in writing to the Board on any property disposed of under these provisions from January 1 through June 30 of that year. The written report shall generally describe the property sold or exchanged, to whom it was sold, or with whom exchanged, and the amount of money or other consideration received for each sale or exchange since the last such report was submitted.

LEGAL REF.:          G.S. 115C-518; Article 12, G.S. 160; Article 12, G.S. 160A

UNION COUNTY BOARD OF EDUCATION

APPROVED:             3/23/93

REVISED:                 11/22/05         

REVISED:                 10/6/10

REVISED:                 4/5/16

ADMINISTRATIVE GUIDELINES                                       2-48

The principal of each school is charged with the custodial care and maintenance of the historical and cultural memorabilia, artifacts, etc. from the school’s and district’s history.  No such artifacts should be disposed of without consulting with the superintendent or his/her designee, site-based administrative team, and/or community stakeholders.  The principal is responsible for any items removed from display being kept in a safe and secure location on the school campus.  Upon the principals’ departure from the school, it is the responsibility of the outgoing principal to inform the incoming principal of the location of such artifacts.

APPROVED:  August 2008

(9/5/19 MOVED FROM 2-48 TO 2-23)

REVIEWED:                                                4/15/20

REVIEWED BY GENERAL COUNSEL: 1/21/21

Statement of Purpose

The Board endorses community use of facilities for purposes that contribute to the school program, community affairs, or the goals of the Community Schools Act. The use of school facilities should be consistent with the goals and objectives of the Board and school district and must not conflict with the educational program. 

Additionally, UCPS seeks to develop partnerships with other governmental entities and community and parks and recreation groups for the planning of or use of school athletic and recreation facilities during non-school use times as part of the Union County Public Schools “Building Cost Savings Principles,” as well as to provide a means for land acquisition and to upgrade, enhance, and/or maintain athletic fields or recreation facilities for Union County Public Schools.

Use of school facilities will not be approved for activities that do any of the following:

• violate federal, state or local laws;
• violate Board of Education policies or regulations;
• discriminate on the basis of race, color, national origin, sex, medical conditions, religion, age, disability or any other legally protected category;
• advocate governmental change by violence;
• damage or have the potential to damage school buildings, grounds or equipment,
• conflict with school activities; or
• conflict with the mission of the Board of Education,
• additionally, activities that involve the use of inflatables will not be approved.

Other reasons that requests for use may be denied, include the following reasons:

1. The facilities are not available on the date(s) or at the time(s).
2. The application is incomplete or inaccurate.
3. The fee is not paid in advance.
4. During a previous use, the applicant/user group violated the rules governing the use of school facilities as set forth in this procedure.
5. On a previous occasion, the applicant/user group failed to pay the required use fee.
6. The activity, in the opinion of school officials, would cause or be substantially likely to cause damage to school property. (For example, playing fields should not be used during inclement weather or when their use will render their conditions damaged for school purposes.)

Those using public school facilities must provide required documentation regarding insurance coverage; individual or group responsible for supervision of activity; current contact information; a list of all personnel to be present on site; and certification of criminal records check prior to the approval of the facility. Finally, provision must be made for the proper care and maintenance of the school facility.

The Superintendent or designee shall develop administrative guidelines, including a reasonable fee structure, to implement this policy.

Scheduling and Fees (Short Term Usage Agreement)

Scheduling is to be made through the principal’s office of the school involved.  Priority in the use of school facilities and the fee structure will be in accordance with the following user categories:

1.         School sponsored groups, including student organizations

Fees:  None  

2.         School related groups (organizations formed to support the school in some manner, such as the PTA, PTO, teachers and principal’s organizations and booster clubs)                                                                                                                                                                                          Fees:  Fees for providing use of cafeteria kitchens will be charged to cover costs. The principal may require custodial, other supervisory services, and/or contracted services (i.e. auditorium house manager) at a fee.

3.         Local government

Fees:  Utility fees for the use of facilities may be charged.  The principal may require custodial, other supervisory services, and/or contracted services (i.e. auditorium house manager) at a fee.

4.         All other non-profit and for-profit groups (all groups not included in the other categories)

Fees:  Rental and utility fees will be charged.  The principal may require custodial, other supervisory services, and/or contracted services (i.e. auditorium house manager) at a fee.

The superintendent annually will set the fees to be charged.  All fees and applications will be submitted to the principal and forwarded to the appropriate assistant superintendent’s office.  Checks are to be made payable to Union County Public Schools.

The Superintendent may also approve “Extended Use/Joint Use Agreements” with other governmental entities and community and parks and recreation groups consistent with this Policy. The Superintendent may determine appropriate agreement terms, including appropriate fees, charges or other consideration to be paid by the proposed user.  Such agreements shall be in writing and approved and executed by the Superintendent.  Copies of all agreements entered into pursuant to this Section shall be kept on file in the Superintendent's office. 

Additionally, the Board of Education may approve “Extended Use / Joint Use Agreements” that involve governmental entities and community and parks and recreation groups seeking to enhance school facilities through large school capitalized projects such as playing fields.

Contracted/other services approved by the Superintendent or appropriate Assistant Superintendent do not fall within the parameters of this policy.         

Organizations Exempt from Paying Facility Use Charges

School-related organizations 

School-related organizations will not be charged facility usage, personnel (i.e., custodial/cafeteria or supply fees. Personnel schedules are to be adjusted to accommodate the requirements to support this policy. The Maintenance Department is to be contacted if the site's staff schedules cannot be adjusted to meet the Community Use requirement.

Federal, State, Local Government or any Government Agencies

Any government agency may use a school facility for conducting a public meeting or hearing without incurring a facilities charge. The district must be reimbursed for personnel labor and the cost of supplies at the rate outlined in the applicable Fee Schedule. Personnel assignment fees will be charged only if the scheduled event occurs after the District employee's normal working hours.

Precinct Meetings

Pursuant to North Carolina General Statute 163-99, each political party recognized by the county or the state Board of Elections may hold a precinct meeting without charge at schools designated as polling places. Each party will schedule all of its precinct meetings on the same date. Organizers of precinct meetings to be held on school property shall be required to complete a Facility Use Application. Precinct meetings may be held twice a year per organization without a facility usage charge. The district must be reimbursed for the cost of supplies at the rate outlined in the applicable Fee Schedule. Personnel assignment fees will be charged only if the scheduled event occurs after the District employee's normal working hours.

Elections

Pursuant to North Carolina General Statute 163-129, the Board of Elections has the right to use school facilities without a facility use charge for the purpose of conducting registration and voting for any primary or general election. The district must be reimbursed for personnel labor and the cost of supplies at the rate outlined in the applicable Fee Schedule. Personnel assignment fees will be charged only if the scheduled event occurs after the District employee's normal working hours.

Organizations Not Exempt from Paying Facility Use Charges

For-Profit 

UCPS does not encourage the use of school facilities by For-Profit enterprises. If both a for-profit and a non-profit organization submit applications to use the same school facility at the same time, the non-profit organization's application shall be preferred. Facilities rented to For-Profit enterprises will be charged in accordance with the attached Fee Schedule.

Non-Profit

For Non-Profit Organizations, facility usage, supplies, and personnel fees are assessed as outlined in the fee schedule. Personnel assignment fees will be charged only if the scheduled event occurs after the employee's normal working hours.

Community-Based Organizations (for athletic organizations please see the section for “Sports Camps and Independent teams; City/County/Community Recreations Leagues” later in this policy

Groups, including but not limited to colleges and universities, sponsoring activities other than educational activities, adult fraternities/sororities, professional and occupational groups, and church and religious groups may use school facilities but must pay facility usage, custodial supply fees and personnel(custodial/cafeteria) fees based on rates outlined in the Fee Schedule.

In-Kind Credit Process

Government and non-profit community organizations are encouraged to donate equipment or services to a school that will directly benefit our children during student hours. In such instances, a written proposal will be made to the Superintendent, or his/her designee, through the school principal. Credit balances are good for two school years.

Process for submitting for in-kind credit:

1.      The in-kind credit proposal will identify the service(s), material(s) or combination thereof that will be donated to the school.

2.      Proof of value, invoices or receipts, where possible should be attached to the proposal. If it is not possible to provide invoices or receipts as proof of value, then an estimated value should be placed on the contribution and the basis for calculating such an estimated value.

3.      The administration will confirm the accuracy of the identified value and establish a Community Use credit balance which the government or non-profit agency may draw against to offset the established facility use fees at the school of donation.

Payment details for Sports Camps and Independent Teams; City/County/Community Recreation Leagues; Shared Use Agreements

Sports Camp

1. Non-Profit. Non-profit camps may be organized and operated by non-profit agencies and will be charged a facility usage fee as outlined in the attached fee schedule. Personnel assignment fees will be charged only if the scheduled event occurs after the employee's normal working hours. The applicant/user group will be required to provide the necessary information in order to verify the organization's status as a non-profit organization.
2. For-Profit. For-profit camps will be charged at the For-Profit rate for facility use and the individual participant costs will be established by the organization hosting the camp.

Independent Teams

Teams, including but not limited to Amateur Softball Association, Amateur Athletic Union, United States Specialty Sports Association, Babe Ruth teams etc., that are members of a national or local sports organization but not affiliated with city/county/ community recreational leagues that desire to use District facilities for practices, games, and tournaments will be governed by the rules applicable to For Profit Use guidelines. In order not to be charged at the "For-Profit Rate", the independent team representative must provide a copy of the national or local sports organization Internal Revenue Service Tax Exempt 501 (c) (3) document or a copy of a Tax Exempt letter issued by NC Department of Revenue. Personnel, facility and supply fees will be charged based on the applicable schedule. The national and local sport organizations must also provide a statement on letterhead from the national organization or local chapter's headquarters with wording that verifies the renting organization as an affiliate.

City/County/Community Recreation Leagues

Shared-use agreements will only be applicable for the use of outside fields. Shared-use agreements, whenever possible, will be negotiated with the central government agency in the community to support recreational activities within that community. When no central government agency exists or when the central government agency cannot support the shared-use agreement, shared-use agreements will be negotiated with the participating recreation league/association. If the recreation league/association declines to participate, they will be offered the use of the facilities under the terms specified on the Facility Use Application. The terms of the agreements will vary with each governmental agency and community organization, but the terms will cover a specific timeframe and be subject to re-negotiations and termination as defined in the agreement.

Any organization renting only field facilities will be responsible for ensuring that they have access to appropriate facilities, services and care for preventing weather related medical conditions (including but not limited to heat, cold and dehydration).

Responsibility of School System for Rental of Facilities

1.         Provide clean facilities for use.

2.         Provide an adult employee or principal’s designee, at renter’s expense, during the use of a facility if required by the principal.   Hourly wage employees are to be paid time and one half plus fringe benefits for the hours worked. 

3.         Arrange facility for use.

4.       Report any damages to the office of the Superintendent of Schools and to the individual in charge of the persons using the facility.

Insurance         

All user groups, except school sponsored groups, will be required to furnish a certificate of insurance for general liability coverage with total limit coverage of    $1,000,000 for each claim made.  The insurance policy must be provided by a company authorized to do business in the state of North Carolina. The Certificate of Insurance must list "Union County Board of Education" as certificate holder and Additional Insured. This certificate must be provided to the District at the time the application is submitted.  

• Property Damage
• The applicant/user group agrees to accept full responsibility for protecting the property and equipment of UCPS and assumes any and all liability for any necessary repairs or replacements required or for any damage done to the facility, building, equipment or property during use by the user applicant/user group.
• Personal Injury

o   The applicant/user group (or his insurance carrier) is responsible for all claims for personal injury that arise from the applicant/user group's use of a school facility.

Authority

The Principal, in his or her sole discretion, may accept or reject the application if the proposed use or activity is determined by the Principal to be an extraordinary risk  to person or to property or is inconsistent with this Policy or applicable guidelines.  Additionally, the Superintendent or the appropriate Assistant Superintendent of the Union County Public School System has the authority to accept or reject the application of any person or group for the same reasons. 

Right of Review

Any applicant/user group whose request is refused in accordance with these regulations has the right of review of the principal’s decision by the Superintendent or the appropriate Assistant Superintendent.

LEGAL REF:           G.S. 115C-523,-524

                                    G.S. 115C ART. 13: 115C-524 (b); G.S. 163-99, 129;

                                    Equal Access Act, 20 U.S.C.A.     4071-4074

                                    Lamb’s Chapel v. Center Moriches School District,

                                    508 U.S. 384 (1993); Good News Club v. Melford, 121 S. Ct. 2093 (2001)

UNION COUNTY BOARD OF EDUCATION

APPROVED:             3/28/95

REVISED:                 9/2/97

REVISED:                 5/6/03 

REVISED:                 11/13/07 effective 7/1/08

REVISED:                 5/7/13