Board Information
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Board Philosophy
The Cape Henlopen Board of Education believes in promoting and maintaining an educational environment that is dedicated to the total personal development of each student.
This environment, while maintaining a certain degree of flexibility in adapting to an ever-changing world, will provide students with a sequential, coordinated curriculum which allows for individual difference.
To this end, Board Policy and staff members will strive to aid each student's intellectual, physical, moral, emotional, aesthetic and social growth. It is the intent of the Board for each student to become a useful and responsible member of home, community, and society while leading a personally fulfilling life.
It is recognized by the Board that such achievement is best accomplished through the efforts of parents, community, and school. Therefore, parent and community involvement in the school program is encouraged.
The Board believes the ultimate goal of education in the district schools is to provide students with skills and experiences which will enable them to assume productive roles in a world of rapid change and unforeseeable demands.
Board of Education Handbook
Below is the content contained in the Board of Education Handbook for the Cape Henlopen School District.
To download a PDF of the handbook, please click here.
Handbook Content
- 2023-24 Board of Education Members
- Cape Henlopen School District Promise
- Cape Henlopen School District Mission
- Board of Education Authority and Powers
- Board of Education Functions
- The Key Work of School Boards
- Board of Education Member Ethics
- Composition of the Board
- Oath of Office
- Annual Organization Meeting
- Duties of Board Officers
- Authority of Individual Board Members
- New Board Member Orientation
- Filling the Vacancy of Board Member's Unexpired Term
- Appointment of the Superintendent
- Responsibilities and Duties of the Superintendent
- Calendar of Meetings
- Regular and Workshop Meetings
- Special Meetings and Board Retreats
- Executive Sessions
- Open Meeting/Sunshine Law Reminders
- Rules of Order
- Record of Board Meetings
- Correspondence Procedure
- Board Member Information Requests
- Board Member Visits
- Board Member Committees
- Budget Adoption
- Board of Education Norms
- Conclusion
2023-24 Board of Education Members
Dr. Alison J Myers, At-Large (2024-2028), President
Dr. Janis Hanwell, At-Large (2021-2026), Vice President
Mrs. Julia Derrick, Area D (2022-2026), Member
Mr. Jason Bradley, Area B (2020-2025), Member
Mr. Bill Collick, At-Large (2020-2025), Member
Rev. Janet Maull-Martin, Area C (2024-2028), Member
Mrs. Jessica Tyndall, Area A (2018-2023), Member
Mr. Robert Fulton, Executive Secretary/Superintendent
Cape Henlopen School District Promise
Cape Henlopen School District Mission
The Cape Henlopen School District celebrates the diversity of our students, staff, and community. We cultivate compassionate and innovative thinkers by providing every student with a welcoming, safe, equitable school community that is affirming and inclusive. Cape Henlopen engages and challenges ALL students by providing a responsive educational experience to prepare for post-secondary education and/or career opportunities.
Board of Education Authority and Powers
State Law provides that in each reorganized school district there will be a school board which has the authority to administer and to supervise the free public schools of the reorganized school district; and which has the authority to determine policy and adopt rules and regulations for the general administration and supervision. Policy will be conducted and formulated in accordance with Delaware Law and the policies, rules and regulations of the State Board of Education.
DUTIES AND POWERS OF THE BOARD FOR POLICY MAKING AS PRESCRIBED BY LAW:
- Determine the educational policies of the district and prescribe rules and regulations for the conduct and management of the schools; enforce the provisions of state law relating to school attendance.
- Grade and standardize all the schools under their jurisdiction, establish kindergartens, playgrounds, and such other types of schools, subject to approval of the State Board of Education, as in its judgment will promote the educational interests of the district.
- Adopt courses of study.
- Select, purchase and distribute free of charge, such textbooks and other materials of instruction, stationery, furniture, equipment, apparatus and supplies as are necessary to the work of the schools.
- Provide forms on which school employees make reports as may be required by the school board.
- Make all reports required by the state Secretary of Education at such time, upon such items, and in such form as may be prescribed by the Secretary of Education.
- Appoint personnel.
- Control and management of school property; tax exemption.
All property, estate, effects, money, funds, claims and state donations heretofore vested by law in the public school authorities of any reorganized school district for the benefit of the free public schools of the district will be under the control and management of the Board of Education of such district.
Any real and personal estate granted, conveyed, devised or bequeathed, or which may hereafter be granted, conveyed, devised or bequeathed, for the use of any reorganized school district, will be held in trust by the Board of Education for the benefit of the free public schools of the respective district.
Such grants, bequests, or money invested in trust for the use of any special school district will be exempt from all state, county and local taxes.
Board of Education Functions
The Board will exercise its rule making power by adopting procedures and policies for the organization and operation of the school district. Those procedures and policies which are not dictated by the statutes or rules of the State Board, or ordered by a court of competent authority, may be adopted, amended or repealed at and public meeting of the Board.
The purpose of this manual is to provide access to the guiding policies of the Cape Henlopen Board of Education as a reference for their future action and as an administrative directive for the operation of the schools of the Cape Henlopen School District. Included are incorporated policies adopted, followed by regulations and procedures to implement such policies. It is anticipated that this manual will be of sufficient scope that the Superintendent of Schools, his assistants and the principals of the individual buildings will at all times have adequate information and guidance to make administrative decisions as the demand occurs. In cases of conflicting policy interpretations of previous Boards of Education in the Cape Henlopen School District, the applicable provisions provided here would be current.
POLICIES
These are principles adopted by a school board to define the goals and to give direction to the educational system for which they are responsible and to guide those persons who carry on the work of the system. Policies should be sufficiently broad to allow school personnel to use judgment in meeting the variety of day to day circumstances, yet policies should be narrow enough to clearly communicate the intentions of the School Board.
ADMINISTRATIVE PROCEDURES
These are detailed rules, which regulate the way in which the school system carries out the policies of the School Board. The administrative procedures specify the "how," the "who," the "when" by which such policies are utilized in day-to-day operations and are formulated by the school administrators, primarily by the Superintendent.
The Key Work of School Boards
In addition to those functions listed above, the Board is committed to The Key Work of School Boards published by the National School Boards Association. The Key Work of School Boards defines nine areas of action. It postulates that effective school boards and their members:
- commit to a vision of high expectations for student achievement and quality instruction
- make sure these goals remain top priorities
- have strong shared beliefs and values
- are accountability driven
- have a collaborative relationship with staff and the community
- are data savvy
- align and sustain resources
- lead as a united team with their Superintendent
- take part in team development and training
Board of Education Member Ethics
The Cape Henlopen Board of Education recognizes its power to be a role model for fairness in school governance. To achieve maximum positive results, the following standards are set forth by the Cape Henlopen Board of Education:
- As representatives of the citizens of the Cape Henlopen School District, all Board members will conduct themselves at all times in a manner worthy of the public trust.
- Board members will avoid conflicts of interest and will not use Board membership for personal gain.
- Board members will strive to avoid any impropriety or appearance thereof, that can undermine the trust of the community.
- Board members will operate executive sessions fully in accordance with and in the spirit intended by the sunshine laws, maximizing the trust of the community and maintaining required confidentiality.
- A Board member will make no attempt to take advantage of his/her position by soliciting unilateral action by the Superintendent and other staff members.
- Board members will recognize that authority rests only with a quorum of the Board while holding a duly posted meeting, not with committees appointed by the Board as a whole or with individual Board members. As such, no member will make any personal promise nor take any private action that might compromise the Board or restrict its options.
- The Board recognizes that the best solutions and answers come after much discussion, deliberation, and disagreement, and it therefore recognizes the positive and negative aspects of such dissent. However, individual members will refrain from attacks and criticism of the character of another Board member.
- Outside of scheduled Board meetings, Board members must explicitly state that they are expressing a personally held view when expressing a position or viewpoint in contradiction to established, public Board position(s)/action(s).
- Board members will avail themselves to both state and local orientation opportunities and other board-related, information-sharing opportunities.
- New Board members will be provided a local orientation to cover local policies and procedures.
- The Board reserves the right to publicly censure a member, by majority vote, for violation of any of the above ethics guidelines.
Composition of the Board
School Board Members will be elected or appointed as provided in the Delaware Code. School board elections, as required, will be held on the second Tuesday of each May as described in the Delaware Code.
SCHOOL BOARD FOR CAPE HENLOPEN SCHOOL DISTRICT;
(a) Notwithstanding anything contained in this chapter to the contrary, the School Board of the Cape Henlopen School District will be composed of 7 members.
(b) The Cape Henlopen School District is hereby divided into 4 areas as follows:
- (1) Area A. — Beginning at a point on the shoreline of the Delaware Bay between Broadkill Beach and Roosevelt Inlet near where the Broadkill River runs in an east-westerly direction; thence following a westerly direction through the middle of the Broadkill River to the midpoint of the confluence of Beaverdam Creek; thence in a southerly direction through the middle of Beaverdam Creek to the boundary line of Cape Henlopen School District; thence following the boundary of Cape Henlopen School District first in a westerly direction and extending to the shoreline of Delaware Bay in the vicinity of Fowlers Beach; thence in a southerly direction to the beginning point.
- (2) Area B. — Beginning at a point on the shoreline of the Delaware Bay intersected by a perpendicular line running through and extended from the middle of Route 9 on Lewes Beach; thence following a westerly direction through the middle of Route 9 until the intersection of Route 261; thence in a southerly direction through the middle of Route 261 until the intersection of Route 285; thence in a southerly direction through the middle of Route 285 to the intersection of Route 5; thence southerly through the middle of Route 5 until the intersection with the District's boundary: thence following the District's boundary first in a westerly then northerly direction until the boundary connects to the same point where Area A's boundary intersects with Route 259 and Beaverdam Creek; thence following the same boundary for Area A to the Delaware Bay; thence in a southerly direction along the shoreline of Delaware Bay to the beginning point.
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(3) Area C. — Beginning at the same point on the shoreline of Delaware Bay as Area B and following the same boundary of Area B in a westerly and then southerly direction until the line meets the District boundary; thence in an easterly direction along the District boundary to a point on the boundary which is directly grid south of the tip of Bald Eagle Point; thence in a northwesterly direction, off-shore of land, through the center of Love Creek to the intersection of Route 24; thence in a northeasterly direction through the center of Route 24 until the intersection of Route 1; thence for a short distance in a southerly direction through the center of Route 1 until the intersection of Route 270; thence in a northeasterly direction through the center of Route 270 until the termination of Route 270 near the sewage treatment plant; thence in a grid easterly direction to the shoreline of the Atlantic Ocean; thence in a northerly direction along the shoreline of the Atlantic Ocean and then in a westerly direction along the shoreline of the Delaware Bay to the beginning point.
(4) Area D. — Beginning at a point where the Indian River Inlet and the Atlantic Ocean converge; thence in a westerly and then northerly direction until the line meets the point of intersection for Area C and the District boundary; thence following the same boundary for Area C in a northerly and then easterly direction until the line meets the shoreline of the Atlantic Ocean; thence in a southerly direction to the beginning point.
14 Del. C. 1953, § 1069; 59 Del. Laws, c. 24, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 21, § 1; 74 Del. Laws, c. 122, §§ 3-7.
Oath of Office
OATH OF OFFICE OF THE SCHOOL BOARD MEMBER;
(a) Each School Board Member will, before entering upon the duties of the office, take and subscribe to the following oath or affirmation:
"I do solemnly swear (or affirm) that I will support the Constitution of the United States of America, the Constitution of the State of Delaware, and the laws of Delaware governing public education, and that I will faithfully discharge the duties of the office of School Board Member according to the best of my ability; and I do further solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed, or offered to or promised to contribute, any money or other valuable thing as consideration or reward for the giving or withholding a vote at the election at which I was elected to said office, so help me God (or I so affirm)."
(b) The oath or affirmation will be administered by the President or Vice-president of the School Board of the School District or in the case of a newly constituted Board by a person appointed by the Secretary of Education to administer said oath.14 Del. C. 1953, § 1053; 56 Del. Laws, c. 292, § 6; 73 Del. Laws, c. 65, § 14; 77 Del. Laws, c. 45, § 1.;
Annual Organization Meeting
The Board of Education will meet at a designated meeting place in the month of July each year and elect one of its members as President and another of its members as Vice President. The Board will designate the Superintendent as the Executive Secretary of the School Board. The Board will also approve the calendar of meetings for the ensuing school year.
Duties of Board Officers
The officers of the Board of Education are the President and Vice President. The President calls Board meetings, presides at all meetings, determines Board agendas, executes authorized or approved contracts and other documents on behalf of the Board, and performs other duties prescribed by law by the Board.
In the absence of the President, the Vice President performs these duties. If both the President and Vice President are temporarily unavailable to acquit the above responsibilities, a remaining member who has previously served as a Board officer or the member with the longest tenure on the Board may serve in such capacity.
Authority of Individual Board Members
Power belongs not to the individual members of a Board of Education but to the Board of Education acting as a corporate body through collective action. Board Members have authority only when acting as a Board of Education in a legally constituted session, with a quorum being present. This does not preclude individual Board Members from representing the Board at committee meetings and ceremonial events or speaking to constituent groups in their capacity as Board Members.
New Board Member Orientation
Following the election of new Members, the Board of Education officers and Superintendent provide Board member-elects an orientation to the Board’s operation and processes. Information is provided about the functions of the office of the Board of Education and the working relationships with the Superintendent and the staff of the Cape Henlopen School District. A copy of this handbook will be provided. New Board Members are encouraged to attend Board of Education meetings, any training provided by the Delaware School Boards Association, and are required by Delaware Code to attend the Special Education Due Process training (77 Del. Laws, c. 314, § 1; 70 Del. Laws, c. 186, § 1.) and Financial Responsibility Training (75 Del. Laws, c. 264, § 1; 75 Del. Laws, c. 439, § 13.) administered by the State.
Filling the Vacancy of Board Member's Unexpired Term
VACANCY ON THE SCHOOL BOARD;
(a) If any School Board Member ceases to be a resident of the reorganized school district, that Member will cease to be a member of its School Board.
(b) Unless otherwise provided in this chapter, a vacancy on a school board, for any cause other than the expiration of term, will be filled by the remaining Members of the School Board for the remainder of the fiscal year, and a new member will be elected at the next regular school board election to serve for the unexpired term as specified below:
- (1) When a vacancy occurs on a school board except for expiration of a term, the respective school district will inform the public and the Department of Elections that conducts elections for the school district that the vacancy has occurred no later than 5 business days following the vacancy.
- (2) A person appointed to fill a vacant seat will meet the qualifications to be elected to that seat.
- (3) No appointment will be made until after public notice of the vacancy and the request for formal application from interested persons is made. Notice will be given by posting the notice on the main door of each school in the school district and by publication for once a week for 2 consecutive weeks in a newspaper of general circulation in the school district.
- (4) When a vacancy occurs on a school board after the second Friday in February of a fiscal year, the respective Department of Elections will establish a special filing deadline for that seat that is 20 days following receipt of notification of the vacancy. If the special filing deadline falls on a Saturday, Sunday or state holiday, the deadline will be the first business day following that Saturday, Sunday or state holiday.
(c) In the event that a majority of or the whole Membership of a school board will become vacant at the same time for any reason whatsoever, the State Board of Education will immediately appoint an interim school board to conduct the business of the district. If the school board is elected, the State Board of Education will call a special school board election to be held in the reorganized school district, within 60 calendar days, to elect members to fill the unexpired terms. If the school board is appointed, the appointing authority will appoint the required number of school board members to fill the unexpired terms. Candidate filings and elections held or appointments made pursuant to this section will be held or made in accordance with this chapter. The interim board members will be dismissed upon qualification of the newly elected or appointed members.
(d) In the event of vacancies under this section, which are to be filled at the next regular school board election, candidates will file for the position vacant to fill the remainder of the unexpired term in accordance with § 1075 of this title.
14 Del. C. 1953, § 1054; 56 Del. Laws, c. 292, § 6; 57 Del. Laws, c. 378, § 1; 67 Del. Laws, c. 243, § 7; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 138, §§ 1, 2.;
Appointment of the Superintendent
In order for an educational system to function for the best interest of the students, it is important that staff be assigned to best meet the needs of a position. The Board places the primary responsibility and authority for the administration of this district in the Superintendent. Selection of a superintendent is, therefore, critical to the effective management of the district.
APPOINTMENT
The School Board will select and employ the Superintendent of Schools, who will also serve as the Secretary of the School Board.
SALARY
The salary of the Superintendent of Schools will be fixed by the School Board, and there will be provision for expenses incurred in the performance of his/her duties as approved by the School Board.
RESIDENCY
Residency/relocation within the district is required between six months to one year from the date of employment.
ADMINISTRATIVE CONTRACT
The contract of the Superintendent will be for two (2) years. At the end of each year, the Board will consider adding another year to the Superintendent's contract so that it could remain a two (2) year contract beginning each July. The Board reserves the right to offer contract of longer duration for a new superintendent to encourage the selected candidate to take the position. The intent is to then revert to a two (2) year contract.
Failure on the part of the Board or the Superintendent to notify the other in writing by certified mail, no later than six (6) months prior to the expiration of the agreement, of either party's intent not to renew the agreement, will automatically result in a one-year extension of the existing agreement.
The Superintendent will not vacate his/her position during the term of the contract without the written consent of the Board. The Superintendent will also give the School Board a resignation notice of at least six (6) months in advance of the date of such resignation, except that the Board may approve exceptions to this policy. The Board will not terminate this agreement prior to the expiration date except for good and just cause and will provide the opportunity for a fair hearing before the Board or before a hearing officer designated by the Board. Prior to any hearing in regard to the termination of the Superintendent, the Board will serve the Superintendent with a written statement of the reasons for termination. If the Board designates a hearing officer to conduct such a hearing, a majority of the Board will convene to review the record of the proceedings before the hearing officer, the report of the hearing officer, and the recommendation to the Board; within fifteen (15) days of the hearing before the hearing officer, the Board will submit to the Superintendent its decision in writing. If the Superintendent chooses to be represented by legal counsel, all legal expenses incurred by the Superintendent in connection with any termination hearing will be borne by the Superintendent.
Appeal from a decision of the Board concerning the provisions of the agreement may be made to the State Board of Education.
Responsibilities and Duties of the Superintendent
- The Superintendent of Schools will be the chief executive officer and educational advisor of the School Board and will provide educational leadership for the Cape Henlopen School District.
- The Superintendent will attend all meetings of the School Board and will have the right to speak on all matters before the School Board or any committee of the School Board.
- The Superintendent will administer and supervise the public schools of the district and all personnel in the employment of the School Board. In all matters where duties are not definitely prescribed, the Superintendent will exercise discretion. The Superintendent will keep the Board apprised of any and all such circumstances.
- The Superintendent will establish such administrative procedures and regulations for the conduct of the schools as he/she may deem to be in the best interest of the schools.
- The Superintendent will recommend all personnel to be employed by the School Board.
- The Superintendent will have authority to fill all vacancies caused by temporary illness or necessary absence of teachers or other employees to serve in the interim until regular teachers or other employees are appointed; the Board should be informed of any such placements.
- The Superintendent in accordance with Board Policy will assign principals, custodians, and other employees to schools and teachers to schools, subjects and grades, according to the needs of the system.
- The Superintendent is responsible for maintaining high student achievement throughout the district. The Superintendent will be knowledgeable of and responsible for the preparation of all programs of instruction and will submit to the School Board such programs and courses as he/she approves. Changes in the programs of instruction will be recommended to the School Board for approval.
- The Superintendent will arrange and have authority over the control, classification, and promotion of pupils.
- The Superintendent will prepare and present each year a budget showing, by items, the amounts of money needed for the maintenance of the public schools for the ensuing year.
- The Superintendent or a designee will approve and direct all purchases and expenditures within the limits of the detailed budget approved by the School Board.
- The Superintendent will prepare for the School Board the annual reports required by the general laws and transmit them, having been duly signed, to the State Department of Public Instruction. Following the end of each fiscal year, the Superintendent will prepare and present to the School Board for publication a report on the year, together with recommendations which he/she may deem worthy of consideration.
- The Superintendent will keep the School Board informed as to school building needs and will recommend plans for new buildings and for alterations of buildings for appropriate action in accord with state policies and procedures.
- The Superintendent will recommend for the approval of the School Board changes in school policies needed for the direction and control of the schools and will keep in ready reference a current record of all policies.
- The Superintendent will have the responsibility to consider and make decisions or recommendations about all complaints and requests referred to him/her for special adjustment in connection with children, parents, staff, and the public.
- The Superintendent will serve as the School Board's representative in cooperative undertakings with other community agencies.
- The Superintendent may delegate to subordinates any of the powers and duties which the School Board has entrusted to him/her; but in every instance when a power or duty is delegated, the Superintendent will continue to be responsible to the School Board for the execution of the delegated duty.
- The Superintendent will have the power to authorize the cancellation of school when he/she deems it inadvisable to hold sessions because of storms or other unusual conditions.
- The Superintendent will keep informed of worthwhile educational enterprises in other communities, their plan or organization, methods of instruction, and other matters in order to advise the School Board, school personnel, and the community on new developments in education. The expenses incurred by the Superintendent of Schools in attending conventions or meetings and in visiting other school systems in behalf of the School Board will be assumed as school expenditures.
- The Superintendent will notify the Board when he/she is planning to be out of the district for multiple consecutive days. He/she will include identification of a designee to be in charge of the district in his/her absence. While the Board encourages the Superintendent to use leave for conference attendance and vacations, it reserves the right to postpone the leave in the best interest of the district.
- The Superintendent will report important administrative transactions and school district issues on a monthly basis.
- The Superintendent is responsible for changes in assignment which occur when change in program or enrollment makes such a change necessary or when a specific problem has been identified. Except when other policy language prohibits such changes, the Superintendent may initiate such change and assign currently employed personnel as deemed necessary. The Board will be kept informed of such situations and the change will be presented as an information item at the next Board meeting.
Calendar of Meetings
During the July Organizational Meeting of each year, the Board of Education approves a master calendar of Board meetings for the ensuing school year. The calendar will be posted on the Cape Henlopen School District Website. Executive session will begin at 5:15pm and open session will begin at approximately 6pm unless posted.
Regular and Workshop Meetings
REGULAR MEETINGS
These meetings will be held each month. The time and location of the meetings will be determined in July at the annual meeting.
WORKSHOP MEETINGS
These meetings may be called on an as-needed basis to address topics, which may need action prior to the regularly scheduled monthly Board meeting. The time and location of the meetings will be determined in July at the annual meeting.
A tentative agenda will be released to the local newspapers, posted on the District website, and sent to each school for posting seven (7) calendar days prior to each Board meeting. If deemed necessary, the tentative agenda will also be posted in other appropriate locations. The tentative agenda is subject to modifications and/or additions.
The agenda for regular School Board meetings will be developed by the Superintendent, approved by the Board President, and received by the Board Members at least seven (7) calendar days prior to the meeting.
Citizens may request to have items placed on the agenda by presenting a written request to the executive secretary by noon twelve (12) calendar days prior to the meeting.
Board Members may request to have items placed on the agenda by presenting a written request to the Executive Secretary and Board President by noon eleven (11) calendar days prior to the meeting.
ORDER OF BUSINESS
The following will be the order of business at regular meetings of the Board:
- Opening/Call to order
- Executive Session
- Reconvene Open Session
- Routine Business
- Regular Agenda
- Financial Business
- Board Committee Reports
- Adjournment
CITIZEN PARTICIPATION/COMMENT AT BOARD MEETINGS
The Board of Education will allot at each workshop and regular meeting up to 15 minutes for citizens' participation. Citizens attending the meeting in-person may speak for three (3) minutes unless the time limit is waived without objection by the majority of the Board members present. In the event that the meeting is being held virtually, citizens may make public comment through the virtual meeting platform and are subject to the same time limits as in-person meetings.
The major purpose of citizens' participation is for the Board of Education to hear citizens' views on ways to improve the educational program and ways to improve the processes, including communication for bringing about such improvements for non-agenda items. Citizens are required to complete the Public Participation Request Form prior to the meeting being called to order. Inflammatory or abusive remarks are always out of order. The presiding officer may terminate the speaker's privilege to address if, after being called to order, the speaker persists in improper conduct or remarks. No person shall initiate charges or complaints against individual employees of the district until after they have followed Board Policy No. 906. All such charges, complaints, or challenges must follow the district complaint policy.
As “Public Commentary”, individuals attending the meeting in-person, desiring to address Board meeting agenda items will be acknowledged by the Board president following the Board’s discussion of each agenda item. A limit of fifteen (15) minutes shall be provided with each individual speaker limited to three (3) minutes. Speakers are limited to one comment per agenda item. Speakers are not required to sign up in advance. Individuals do not fill out a form. In the event that the meeting is being held virtually, citizens may make public comment through the virtual meeting platform and are subject to same limits as in-person meetings.
Special Meetings and Board Retreats
These meetings may be held whenever the duties and business of the School Board may require them. Special meetings are called by the direction of the Board president.
The Board usually schedules one or more retreats a year for team building, priority setting, discussion of Board operations, and/or to prepare the Superintendent’s goals and evaluation measures.
Executive Sessions
The School Board reserves the right to convene in executive session closed to the public and media when the majority of the Members present and voting so vote. As required by law, the purpose for an executive session will be set forth in the agenda. The Board may meet in executive session only for the purposes which the law recognizes.
No action will be taken by the Board in executive session except as permitted by state law. In order to act upon items considered at an executive session, the Board will convene or reconvene in open session. That such a meeting was, or will be held, along with items discussed or to be discussed, will be recorded in the minutes of the subsequent or preceding open session of the Board. Board Members and any persons attending an executive session are duty bound not to disclose any details of the discussion held. The Superintendent or a designated representative will attend all executive sessions except those that pertain to the Superintendent's employment.
PROCEDURE FOR CLOSING A MEETING;
- The specific purpose of the proposed executive session must be set forth in the agenda and the minutes.
- The vote on whether to close the meeting for the stated purpose must take place in public and must be recorded in the minutes.
- A majority vote of the member’s present is required to close a meeting to the public.
- Discussions during executive session shall be limited strictly to the purpose stated in the agenda.
- Minutes of executive sessions are to be kept (recording, at the very least, members present and participating in the discussion). Such minutes may be withheld from the Public only so long as disclosure would defeat the purpose of the executive session.
GROUNDS FOR CLOSING A MEETING;
Executive sessions are allowed only for the following purposes. The public body must be prepared to prove that the required facts existed and that the proper procedures were followed.
- Discussion of an individual citizen's qualifications to hold a job or pursue training (unless the citizen requests that such a meeting be open).
- Preliminary discussions on site acquisitions for any publicly funded capital improvements (e.g., condemnation).
- Activities of any law-enforcement agency in its efforts to collect information leading to criminal apprehension.
- Strategy sessions, including those involving legal advice or opinion from an attorney at law, with respect to collective bargaining or pending or potential litigation, but only when an open meeting would have an adverse effect on the bargaining or litigation position of the public body.
- Discussions that would disclose the identity of a charitable contributor who has requested anonymity.
- Discussion of the content of documents protected from disclosure as public records.
- The hearing of student disciplinary cases (unless the student requests a public hearing).
- The hearing of employee disciplinary or dismissal cases (unless the employee requests a public hearing).
- Personnel matters in which the names, competency, and abilities of individual employees or students are discussed (unless the employee or student requests that such a meeting be open).
Open Meeting/Sunshine Law Reminders
- Be mindful of a board quorum gathering during unofficial meetings and other events.
- Be mindful of e-mail correspondence:
- E-mails shared among all board members regarding details of school district business and related board actions are subject to FOIA laws.
- E-mails distributed among all board members will constitute a quorum.
- Guard your discussions at school functions (ball games, staff meetings etc.) – NO district related business in such public forum
- When in doubt – stop the conversation – postpone it until such time that it can be continued in a manner that complies with Delaware’s Open Meeting Laws.
Rules of Order
The Board of Education observes Robert’s Rules of Order, Newly Revised in conducting its meetings, except as provided otherwise in Board policy. Moreover, the Board is guided by the regulations of the State of Delaware, which establish the following:
- No business will be transacted at any meeting of the School Board without a quorum, such quorum to consist of a majority of the members of the Board. No motion or resolution will be declared adopted without the concurrence of a majority of the whole School Board.
- A roll call vote of all Board Members on every motion or resolution will be recorded as part of the minutes of such meetings and will be considered a matter of public record except when the presiding officer determines and announces a unanimous vote on any issue which vote will then be so recorded and considered a matter of public record.
Record of Board Meetings
School Board minutes are the official records of all business conducted by the Board. Minutes will be complete and accurate. As required by law, legal decisions are possible only on the basis of the records of meetings as they appear in the minutes. A secretary will be present to insure accurate recording of the minutes. The approved minutes and recordings of Board meetings will be posted on the District website.
Correspondence Procedure
Board Members may receive concerns, questions or complaints from citizens or district staff. Board Members have the option of responding directly to correspondence provided that the response clearly reflects that the views expressed therein are those of the individual Member and not necessarily those of the entire Board of Education. The prescribed course of action is as follows:
- Acknowledge the complaint, question, and/or concern.
- Determine if the person with the complaint, question, and/or concern has contacted a representative of the district or school administration.
- Determine if the person with the complaint, question, and/or concern has followed the chain of command completely (including the grievance procedure set by the applicable contract), before contacting the Board/Board member.
- Notify the Superintendent of the complaint, question, and/or concern for follow-up and/or resolution.
It is recommended, when the entire Board is contacted, that the President responds to the email for the Board. The original email, and the response, should be forwarded to all Board members, as well as the Superintendent. If an individual Board member is contacted, and the concern, question and/or complaint is not deemed a private matter, the email (and response) should be forwarded to the Board President and Superintendent for dissemination to the rest of the Board. Again, please be sure to follow the above course of action in responses to concerns, questions, and/or complaints from the public.
Board Member Information Requests
Requests by Board Members for specific information, data, and/or reports from administration staff, whether as a follow-up to an item discussed at a prior Board meeting, or a separate matter of interest to an individual member, will be made to the Board President or directly to the Superintendent’s Office, but not directly to administration staff. By doing so, request may be coordinated, duplication can be avoided, and the Superintendent can best determine the appropriate use of staff in responding in a timely manner to such request. Within reason, and excluding individual student or personnel records, the Superintendent will be responsive to all reasonable requests. If the request is deemed overly time-consuming or unreasonable, the matter will be brought to the attention of the Board President for consideration by the full Board. Materials and information requested by individual Members will be distributed to the entire Board through BoardDocs and/or e-mail updates to the Board on a monthly basis.
Board Member Visits
Board Members are strongly encouraged to visit schools and attend school and district events to better understand the individuality of schools and the communities in which they’re located. When feasible, Board Members, as a matter of courtesy, should schedule the visit so as to provide the school principal and Superintendent the courtesy of optimum advanced notice, to avoid potential conflicts with student testing, staff evaluations, or other critical activity necessitating the attention or presence of the school principal.
Board Member Committees
Board Members are expected to sit as representative to the Board on various committees within the District and the State. These committees are as follows:
- Athletics and Extracurricular – Meets on an “as needed” basis.
- Buildings and Grounds – Meets quarterly.
- Communications – Meets quarterly.
- School Safety and Climate – Meets the 2nd Tuesday of each month.
- Citizens Budget Oversight – Meets monthly.
- Cape Henlopen Education Foundation – Meets monthly.
- Delaware School Boards Association – Board of Directors (2 Board Members, one is an alternate) – Meets monthly in Dover.
- Delaware School Boards Association – Legislative Committee (2 Board Members, one is an alternate) – Meets monthly in Dover.
- Health & Wellness/Wellness Center – Meets quarterly.
Budget Adoption
The Board considers the preparation of an annual budget to be one of its most important responsibilities because the budget is the financial reflection of the educational plan for the District. The budget will be designed to carry out that plan in a cost effective and efficient manner; and, to maintain the facilities and honor the obligations of the district.
The Superintendent will be responsible for the preparation of an annual revenue and expenditure budget to be submitted to the Board of Education for review and approval. The preliminary annual budget will be approved by the Board of Education prior to September 1st of each fiscal year. Subsequent to the Department of Education certifying the district’s September 30th unit count for that year, but no later than January 31st of that fiscal year, the Board of Education will approve a revised revenue and expenditure budget. This revised budget will serve as the final budget for that fiscal year unless unforeseen circumstances require an additional budget revision.
The annual revenue and expenditure budget will be inclusive of all funds (federal, state and local). Funds will be further subdivided to differentiate between restricted funding sources that can only be used for specifically defined purposes and those funding sources that may be used at the discretion of the Board of Education.
Each approved annual budget will reflect a balanced budget meaning that budgeted revenues equal budgeted expenditures. If the budget is balanced through the use of prior year or carryover funding, such use of funds will be clearly identified and explained.
Monthly revenue and expenditure reports will be prepared and submitted to the Board of Education for review and approval. All financial reports will be a part of each month’s official Board of Education minutes and will be provided to any member of the public upon request.
All district audit reports will be shared and reviewed with the Board of Education and will be made available to any member of the public upon request.
The district will not expend more than ninety-eight percent (98% or 2% cash reserve) of available local fund revenue for current expenses, without the approval of the Board.
Board of Education Norms
The Members of the Board of Education agree to abide by the following norms, both as they govern the conduct of the Board meetings, and as they govern the actions of individual Board Members. These norms will provide for an orderly conduct of public business, will promote an atmosphere of mutual respect, and will establish a level of expectation for those who aspire to become a school board member in the future.
School Board Members will:
- Endeavor to be on time, so as to participate fully in all closed and open sessions of the Board.
- Notify the Board President and Superintendent, with as much advance notice as possible, when one cannot attend a meeting for professional or personal reasons.
- Be prepared to take action on items on the closed and open session agenda, having read the materials provided in advance of the meeting.
- Maintain the confidentiality, and expect others to do likewise, all that is said and voted upon in close sessions, except to the extent that abbreviated minutes of close sessions are required by law.
- Avoid using open session to “spring” a surprise on his or her colleagues that common courtesy would have suggested appropriate advanced notice.
- Refrain from repetitive discussion on an agenda item, so as to needlessly lengthen in a meeting, and also avoid seeking to dominate debate by speaking an excessive length of time, thereby denying colleagues in equal opportunity to partake in the matter at hand.
- Participate in Board continuous education activities and retreats.
- Respect the ultimate decisions and votes taken by the Board of Education as a public corporate body, even if in the minority, when making appearances before external bodies and constituencies, while reserving one’s First Amendment right to disagree.
- Board Members will endeavor to respond to all emails and correspondence in a timely manner, especially in response to those from other Board Members and elected officials.
- Board Members are encouraged to discuss legal matters of concern with the Superintendent so that he may seek council from the School District attorney, and report back to the Board as a whole.
- The Board insists on ethical behavior on the part of its Members. The Board seeks to avoid crossing the line between professional conduct and personal relationships in the workplace. Board Members will maintain high standards of professionalism in the workplace, and refrain from conduct that would lead to the appearance of impropriety.
Conclusion
This Board of Education handbook was developed to capture, in one place, the operating procedures and governing guideposts of the Board of Education of the Cape Henlopen School District, so as to serve as a resource for Members of the Board and for those seeking election to the Board. It is by no means all-encompassing of the duties of the post of School Board Member, and may be edited by the Board of Education at any time they deem necessary.