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2007

1000By-Laws

Rocky Point Union Free School DistrictNUMBER ORGANIZATION OF THE BOARD OF EDUCATION

1.1School District and Board of Education Legal Status and Authority........................11101.2Board of Education: Qualifications, Numbers and Terms of Office..........................1120

NOMINATION AND ELECTION OF BOARD OF EDUCATION MEMBERS

2.1Board of Education Members: Nomination and Election.........................................12102.2Reporting of Expenditures and Contributions...........................................................12202.3Resignation and Dismissal.........................................................................................1230

THE ROLE OF THE BOARD OF EDUCATION

3.1Powers and Duties of the Board.................................................................................13103.2Nomination and Election of Board Officers and Duties of the Presidentand Vice President......................................................................................................13203.3Appointments and Designations by the Board of Education.....................................13303.3.1Duties of the District Clerk............................................................................13313.3.2Duties of the School District Treasurer..........................................................13323.3.3Duties of the Tax Collector............................................................................13333.3.4Duties of the External (Independent) Auditor................................................13343.3.5Appointment and Duties of the Claims Auditor............................................13353.3.6Duties of the Extra Classroom Activity Fund Treasurer................................13363.3.7Duties of the School Attorney........................................................................13373.3.8Duties of the School Physician/Nurse Practitioner........................................13383.3.9Duties of the Internal Auditor........................................................................13393.4Board of Education Code of Ethics...........................................................................1340

BOARD POLICY

4.1Policy and Administrative Regulations......................................................................1410

MEETINGS OF THE BOARD OF EDUCATION

5.1Regular Board Meetings and Rules (Quorum and Parliamentary Procedure)...........15105.2Special Meetings of the Board of Education.............................................................15205.3Minutes......................................................................................................................15305.4Executive Sessions.....................................................................................................1540

MEETINGS OF THE DISTRICT

6.1Annual District Meeting and Election/Budget Vote..................................................16106.1.1Business of the Annual District Election.......................................................16116.2Annual Organizational Meeting.................................................................................16206.3Legal Qualifications of Voters at School District Meetings......................................16306.4Absentee Ballots........................................................................................................16406.5Submission of Questions and Propositions at Annual Elections andSpecial District Meetings...........................................................................................1650

2007

1110By-Laws

SUBJECT:SCHOOL DISTRICT AND BOARD OF EDUCATION LEGAL STATUS ANDAUTHORITY

The Constitution of New York State, as amended in 1894, instructs the Legislature to provide for asystem of free common schools wherein all children of the State may be educated.The State Legislature has implemented this constitutional mandate through the creation of schooldistricts of various types. The Rocky Point Union Free School District is governed by the laws set forthfor Union Free School Districts in Education Law Article 35, and bylaws relating to, or affecting,Common School Districts as set forth in Education Law Article 33.The School District constitutes a corporate entity that possesses all the usual powers of acorporation for public purposes, and in that name may sue and be sued, purchase, hold and sell personal property and real estate, and enter into such obligations as are authorized by law.The Constitution of the State of New York places the responsibility for public education on theState Legislature, and directs the establishment of a State Department of Education for generalsupervision over the schools and headed by a Commissioner of Education. The New York StateConstitution further provides that local public schools under the general supervision of the StateEducation Department shall be maintained, developed and operated by locally elected boards. Legally,local boards are instruments of the New York State Constitution, the New York Statutes and theregulations of the State Education Department and its Commissioner.

Board of Education Authority

As a body created under the Education Law of New York State, the Board of Education of theRocky Point Union Free School District has full authority, within the limitations of federal and statelaws and the Regulations of the Commissioner of Education and interpretations of them, to carry out thewill of the people of its District in matters of education.In all cases where laws or regulations of the State Commissioner of Education do not provide, permit, or prohibit, the Board shall consider itself the agent responsible for establishing and appraisingeducational matters and activities.Board members have no authority over school affairs as individuals. They have authority onlywhen acting as a body duly called in session.

Education Law Sections 1604, 1701, 1709, 1804, 1805, 2502, 2503 and Articles 33, 35, 37, 51 and 53 New York State Constitution

Adoption Date: 3/23/09

2007

11201 of 2By-Laws

SUBJECT:BOARD OF EDUCATION MEMBERS: QUALIFICATIONS, NUMBERS ANDTERMS OF OFFICE

A Board of Education member of the Rocky Point Union Free School District must meet thefollowing qualifications:a)A citizen of the United States; b)Eighteen (18) years of age or older;c)Able to read and write;d)A legal resident of the District for a continuous and uninterrupted period of at least one (1)year prior to the election;e)Cannot be an employee of the Rocky Point Union Free School District;f)The only member of his/her family (that is, cannot be a member of the same household) onthe Rocky Point Union Free School District Board;g)May not simultaneously hold another incompatible public office, including, but not limited toSuperintendent, clerk, tax collector, treasurer or librarian, or an employee of the Board. Inunion free school districts, a Board member may be appointed clerk of the Board and of theDistrict.h)Must not have been removed from a school district office within one (1) year preceding thedate of appointment or election to the Board.

Number of Members

The Board of Education of the Rocky Point Union Free School District shall consist of five (5)members elected by the qualified voters of the School District at the annual election as prescribed bylaw.

Terms of Office

Members of the Board of Education shall serve for three (3) years beginning July 1 following their election and each term shall expire on the thirtieth (30th) day of June of the fifth year.

Education Law Sections 1602, 1702(1), 1804(1), 1950(9), 2101, 2102, 2103, 2103-a, 2130(1), 2105, and 2502Public Officers Law Section 3Town Law Section 23(1)

Adoption Date: 3/23/09