Board Governance District Operating Procedures  
Policy
Board Governance - Executive Limitation Policies

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EL-1    Global Executive Constraint
The Superintendent shall not cause or allow any practice, activity, decision or organizational condition which is unlawful, unethical, unsafe, disrespectful, imprudent, or in violation of Board policy.

EL-2    Emergency Superintendent Succession
In order to protect the Board in the event of sudden and unexpected loss of Superintendent services, the Superintendent shall not fail to assure that at least one designated executive staff member is familiar with Board and Superintendent issues and processes and is capable and trained to assume Superintendent responsibilities on an emergency basis, should the need arise.

EL-3    Treatment of Stakeholders
With respect to treatment of parents, students and the public, the Superintendent shall not cause or allow conditions, procedures, actions or decisions which are unlawful, unethical, unsafe, disrespectful, disruptive, undignified or in violation of Board policy. Accordingly, the Superintendent may not:

3.1    Use methods of managing information that fail to protect confidential information.

3.2    Fail to provide a process for the effective and efficient handling of complaints and concerns.

3.3    Fail to establish policies and procedures to ensure organizational compliance with all federal and state laws, including those dealing with ethnic, gender, sexual orientation, disability, religious and age discrimination.

3.4    Fail to establish the clear expectation that all employee behaviors and attitudes contribute to an organizational culture that is open and responsive, treating stakeholders with respect, dignity and courtesy, and establishing a system-wide process for monitoring that culture.

3.5    Fail to assure a system of communication that provides for timely and full information, providing for reasonable two-way interaction.

EL-4    Staff Treatment
With respect to treatment of paid and volunteer staff, the Superintendent shall not cause or allow conditions, procedures, actions or decisions which are unlawful, unethical, unsafe, disrespectful, disruptive, undignified or in violation of Board policy. Accordingly, the Superintendent may not:

4.1    Fail to make reasonable background inquiries and checks prior to hiring any paid personnel or utilizing the services of any volunteers who have unsupervised contact with students.

4.2    Fail to establish an organizational structure that is designed to meet the functional needs of the district and is not personality based.

4.3    Fail to use a well-defined system for recruiting and selecting the most highly qualified and best-suited candidates for employment, meeting established criteria.

4.4    Operate without written personnel policies which:

4.4.a.    Clearly state personnel rules and procedures for staff;

4.4.b.    Provide for effective handling of complaints;

4.4.c.    Include adequate job descriptions for all staff positions;

4.4.d.    Include an effective personnel performance evaluation system;

4.4.e.    Protect against sexual harassment; and

4.4.f    Protect against any form of discrimination based upon race, color, creed, religion, national origin, age, gender, sexual orientation, disability, or other personal attributes.

4.5    Fail to protect confidential information.

4.6    Fail to establish policies and procedures to assure an organizational culture that conforms with the following values:

4.6.    • Open and honest communication in all written and interpersonal interactions;

4.6.    • Respect for others and their opinions;

4.6.    • Focus on common organizational goals as expressed in Board Results policies;

4.6.    • The right of staff to appropriate confidentiality;

4.6.    • Commitment to the integrity and the positive image of the district, its leaders and staff; and

4.6.    • Respect for cultural diversity.

4.7    Fail to honor the terms of consultation agreements with staff.

4.8    Fail to provide staff with an opportunity to become familiar with the provisions of this policy.

4.9    Fail to provide adequate initial pre-service training and on-going support for all academic and administrative personnel.

EL-5    Staff Compensation and Support Plans
The Superintendent shall not fail to develop compensation (salaries and benefits) and support plans that adequately reward employees consistent with the applicable marketplace, with organizations of comparable size and type and within available resources.
Accordingly, the Superintendent may not:

5.1    Change his or her own compensation and benefits or contract terms.

5.2    Fail to establish a long-term teacher compensation and support framework, for the purposes of recruiting, developing and retaining high quality teachers on every AISD campus, that:

5.2.a.    addresses compensation (salaries and benefits) and support (working conditions and professional development);

5.2.b.    reflects the applicable marketplace to attract and maintain top quality staff;

5.2.c.    considers those strategies that research indicates will yield the highest return on the investment;

5.2.d.    includes a strong induction period for new teachers and those new to AISD;

5.2.e.    promotes the continuous growth and instructional improvement of AISD teachers;

5.2.f.    promotes equitable access across all campuses to experienced, effective teachers;

5.2.g.    considers differentiated pay to recognize extended or exceptional skills and/or knowledge of strategic interest;

5.2.h.    considers linking compensation to performance.

5.3    Fail to propose a budget that, within projected resources, incorporates implementation of the long-term teacher compensation and support framework, along with the Superintendent's rationale for the selection of investments.

EL-6    Staff Evaluation
With respect to evaluation of employees, the Superintendent shall not fail to develop, maintain, and administer an evaluation system that links all employee performance with their contribution toward achieving the Board’s Results policies, their compliance with the Board’s organizational limitations policies, and their behaviors and attitudes that contribute to the District’s organizational culture and values. Accordingly, the Superintendent may not:

6.1    Fail to develop and administer an evaluation system for all academic and administrative personnel that is designed to:

6.1.a.    Improve instruction;

6.1.b.    Measure, document, and communicate the full range or performance ratings, from unsatisfactory, satisfactory, and excellent performance;

6.1.c.    Link teacher and administrator performance with varied measures of student performance that are consistent and coherent throughout the District;

6.1.d.    Assure that instructional time is used to students’ maximum advantage.

6.2    Fail to develop and administer an effective evaluation system for classified personnel.

6.3    Fail to communicate the results of evaluations to each evaluated employee.

6.4    Fail to provide to the Board an annual report on the effectiveness of the evaluation system and its alignment with the Board’s Results policies.

EL-7    Budgeting/Financial Planning
Financial planning for any fiscal year shall not deviate materially from the Board’s Results policies, risk fiscal jeopardy to the District or fail to be derived from a multiyear plan. Accordingly, the Superintendent may not develop and present a budget which:

7.1    Is not presented in a summary format understandable to the Board and that clearly indicates the relationship between proposed expenditures and the Board’s Results priorities and the impact of those funding priorities.

7.2    Fails to be accompanied by a three-year forecast.

7.3    Fails to adequately describe revenues and expenditures, tax rates, rollback rates, and District property values.

7.4    Fails to show the amount spent in each fund, function, and object for the most recently completed fiscal year, the amount budgeted for each fund, function and object for the current fiscal year and the amount recommended for the next fiscal year.

7.5    Fails to disclose budget planning assumptions.

7.6    Plans for the expenditure in any fiscal year of more funds than are conservatively projected to be available during the year.

7.7    Propose to reduce the total fund balance in the General Fund to less than 50% of the optimum according to the fund balance and cash flow calculation worksheet in the Annual Financial Reports.

7.8    Fails to provide adequate and reasonable budget support for Board development and other governance priorities, including the costs of District elections, fiscal audits, Board and committee meetings, Board memberships and District legal fees.

7.9    Fails to take into consideration fiscal soundness in future years or ignores the building of organizational capabilities sufficient to achieve Results in future years.

7.10    Fails to reflect anticipated changes in employee compensation, including inflation ary adjustments, step increases, performance increases and benefits.

EL-8    Financial Administration
With respect to the actual, ongoing administration of the District’s financial assets, the Superintendent shall not cause or allow material deviation from the annual budget or budget policy adopted by the Board, cause or allow any fiscal condition that is inconsistent with achieving the Board’s Results, or places the long term financial health of the District in jeopardy. Accordingly, the Superintendent may not:

8.1    Expend more funds than have been received in the fiscal year to date unless revenues are made available through other legal means, including the use of tax anticipation notes (TANs), fund balances and the authorized transfer of funds from reserve funds.

8.2    Indebt the organization.

8.3    Expend funds from reserve funds unless authorized by the Board.

8.4    Permanently transfer unencumbered monies from one fund to another.

8.5    Fail to settle payroll and debts in a timely manner.

8.6    Commit to any single, non-budgeted purchase or expenditure greater than $50,000 without approval of the Board.

8.7    Make any purchase:

8.7.a.    Without exercising reasonable precaution against conflict of interest;

8.7.b.    Without having considered comparative prices based on items of similar quality;

8.7.c.    Without considering a balance between long-term quality and cost.

8.8    Fail to use a competitive bidding procedure for the purchase of all supplies, materials and equipment, and any contracted services except professional services, as allowed by state law, in the amount of $25,000 or more.

8.9    Allow reports or filings required by any state or federal agency to be overdue or inaccurately filed.

8.10    Receive, process or disburse funds under controls that are insufficient under generally accepted accounting procedures.

8.11    Fail to arrange for the annual audit of all District funds and accounts following the close of the fiscal year.

8.12    Fail to aggressively pursue receivables after a reasonable grace period.

8.13    Fail to keep complete and accurate financial records by funds and accounts in accordance with generally recognized principles of governmental accounting.

8.14    Fail to publish and post a financial condition statement annually.

8.15    Fail to present a monthly financial balance statement to the Board.

EL-9    Asset Protection
The Superintendent shall not allow assets to be unprotected, inadequately maintained, inappropriately used or unnecessarily risked. Accordingly, the Superintendent may not:

9.1    Fail to maintain insurance coverage against theft and casualty losses to 100% of replacement value.

9.2    Fail to maintain insurance coverage against liability losses to Board members, staff and the District itself in an amount that is reasonable for school districts of like size.

9.3    Fail to ensure that facilities and equipment are not subject to improper wear and tear or insufficient maintenance.

9.4    Expose the District, the Board or staff to legal liability.

9.5    Fail to protect intellectual property, information and files from loss or significant damage.

9.6    Fail to properly preserve and dispose of all records related to affairs or business of the District.

9.7    Invest funds in securities that are not authorized by Board policy as reflected by the attached EL 9-E. [See District Policy CDA (LOCAL)]

9.8    Acquire, encumber or dispose of real property.

9.9    Endanger the District’s public image or credibility, thereby jeopardizing its ability to accomplish its mission.

9.10    Fail to maintain a current and accurate inventory of all District fixed assets.

9.11    Fail to maintain and protect the District’s data management systems, technology infrastructure, telecommunication system, Internet service, and other District hardware and software.

EL-10    Communication and Counsel to the Board
With respect to providing information and counsel to the Board, the Superintendent shall not fail to give the Board as much information as necessary to allow Board members to be adequately informed. Accordingly, the Superintendent may not:

10.1    Fail to submit monitoring data required by the Board (see policy B/SR-5–Monitor- ing Superintendent Performance) in a timely, thorough accurate and understandable fashion, directly addressing provisions of the Board policies being monitored.

10.2    Fail to submit to the Board a list of reports required by State and Federal agencies.

10.3    Fail to advise the Board in a timely manner of trends, facts and information relevant to the Board’s work.

10.4    Fail to advise the Board of significant transfers of money within funds or other changes substantially affecting the District’s financial condition.

10.5    Fail to provide for the Board as many staff and external points of view and opinions as needed for fully informed Board decisions.

10.6    Fail to advise the Board of anticipated significant media coverage.

10.7    Present information in unnecessarily complex or lengthy form and that is unrelated to Board policy.

10.8    Fail to provide a process for official Board, officer and committee communications.

10.9    Fail to work with the Board as a whole except when:
a. Fulfilling individual requests for information, provided such requests are not disruptive or do not require a material amount of staff time or resources;
b. Working with officers or committees duly charged by the Board;
c. Communicating with the president.

10.10    Fail to report in a timely manner any actual or anticipated noncompliance with any Board Results or Executive Limitation policy.

10.11    Fail to supply for the consent agenda all items delegated to the Superintendent that are required by law or contract to be Board-approved, along with adequate information necessary to keep the Board informed.

10.12    Fail to establish a procedure for informing the Board in a timely manner of the administrative disposition of complaints presented by the Board to the Superintendent.

10.13    Fail to appropriately inform and involve the Board in events and news conferences related to significant district activities.

10.14    Fail to produce a summary report of program revenues and expenditures upon request by a majority of the Board.

EL-11    Annual Report to the Public
The Superintendent shall not fail to prepare and publish an annual progress report to the public, that is clear and concise, which includes the following items:

11.1    Student performance data indicating student progress toward accomplishing the Board’s Results policies.

11.2    Information about school district strategies, programs and operations intended to accomplish the Board’s Results policies.

11.3    Revenues, expenditures and balances of major budget funds of the District.

EL-12    Curriculum and Instruction
The Superintendent shall not fail to ensure that the District implements curriculum and instruction that includes clearly defined academic standards for specific courses of study. Accordingly, the Superintendent may not:

12.1    Fail to develop and implement academic standards that meet or exceed state and nationally recognized model standards.

12.2    Fail to develop a curriculum aligned with and designed to enable students to meet or exceed the established standards.

12.3    Fail to develop or select assessments that will adequately measure each student’s progress toward achieving the standards.

12.4    Fail to ensure that the curriculum includes all legally required and Board approved courses and programs.

12.5    Fail to ensure that the curriculum and instruction actively address the needs of all students including students who have been suspended from regular programs.

12.6    Fail to ensure that the curriculum and instruction include opportunities for students to develop talents and interests in more specialized areas.

12.7    Fail to assure that the curriculum and instruction address the different needs of students of various backgrounds and abilities.

12.8    Fail to encourage innovative or experimental programs, carefully monitoring and evaluating the effectiveness of all such programs and informing the Board annually about their effectiveness.

12.9    Fail to ensure that all curriculum and instruction are regularly evaluated and modified as necessary to assure their continuing effectiveness.

12.10    Fail to ensure that the Board is informed of any significant deletions, additions or modifications of any instructional programs.

12.11    Fail to consider class size and school organization as important components of student achievement.

12.12    Fail to ensure that all staff members are qualified and trained to perform the responsibilities assigned to them.

12.13    Enter into contract with outside providers for management of instructional services.

12.14    Fail to ensure that the identification, referral and assessment procedures for specialized instructional programs are fairly and consistently applied across all student subgroups and in all schools.

EL-13    Textbook and Instructional Materials Selection
The Superintendent shall not fail to recommend textbooks and to select instructional materials that advance the achievement of the Board’s Results policies. Accordingly, the Superintendent may not:

13.1    Fail to ensure appropriate input from the following groups as textbooks are reviewed and selected: students, parents, teachers, administrators, community members and other staff members involved in developing the education program.

13.2    Fail to assure the selection of instructional materials that contribute toward continuity, integration and articulation of the curriculum by course and program.

13.3    Fail to consider the needs of all learners when recommending textbooks and selecting instructional materials.

13.4    Fail to provide a procedure for the scheduled evaluation of materials and textbooks, and a procedure for reviewing such materials upon formal request by a parent or other stakeholder.

13.5    Fail to develop and implement appropriate policies governing access to and utilization of electronically distributed or available information, including Internet access and e-mail.

13.6    Fail to provide appropriate text and materials in the student’s language of instruction.

EL-14    District Calendar
The Superintendent shall not fail to develop and recommend to the Board for adoption a District calendar for the school year, in accordance with state law, that provides for the number of instruction and contact hours and days determined by the Board and that best meets the instructional needs of students. Accordingly, the Superintendent may not:

14.1    Implement a school district calendar that plans for fewer than 187 contract days, including provisions for student instruction/contact time, staff development, and parent-teacher conferences.

14.2    Fail to consider a reasonable balance between the instructional needs and the extracurricular obligations of students.

14.3    Fail to consider important religious holidays as the calendar is developed.

14.4    Fail to ensure that any change in the calendar, except for emergency closings or other interruptions due to unforeseen and uncontrollable circumstances, be preceded by adequate and timely notice to students, parents and teachers.

14.5    Fail to assure the availability of a copy of the calendar for all parents/guardians of students enrolled in district schools.

14.6    Fail to appropriately involve teachers, administrators, students and the community in developing the calendar.

EL-15    Learning Environment/Discipline
The Superintendent shall not fail to establish and maintain a learning environment that is safe, conducive to effective learning and free from unnecessary disruption. Accordingly, the Superintendent may not:

15.1    Fail to adopt an administrative policy on conduct and discipline which conforms to the state requirements and that:

15.1.a.    Prohibits the use of drugs, alcohol or tobacco products by students or adults on school property and at school sponsored events;

15.1.b.    Prohibits the presence of firearms or other dangerous weapons on school property and at school-sponsored events;

15.1.c.    Prohibits any form of violence on school property and at school-sponsored events;

15.1.d.    Provides for the discipline of special education students consistent with their IEP;

15.1.e.    Establishes procedures for student interrogations, searches and arrests;

15.1.f    Establishes procedures to afford students, parents and school personnel due process with regard to student conduct and discipline issues;

15.1.g    Establishes procedures for written appeal to the Board from a decision to expel or deny admission to a student;

15.1.h    Provides for the expulsion or administration of other appropriate discipline of students deemed to be habitually disruptive;

15.1.i    Establishes the District’s student attendance policy.

15.2    Fail to appropriately involve teachers, administrators, students and the community in developing the policy.

15.3    Fail to arrange to have the conduct and discipline policy distributed once to each enrolled student and once to each new student in the District.

15.4    Fail to distribute to each student or parent copies of any significant changes in the policy.

15.5    Fail to ensure that a copy of the policy, and any significant changes to the policy, are posted or available for inspection in each school building.

15.6    Fail to ensure that the policy and discipline referral procedures are fairly and equitably applied in all schools and across all student subgroups.

15.7    Fail to identify students at risk of suspension or expulsion and provide opportunities to help them avoid suspension or expulsion.

15.8    Fail to report to the Board, on an annual basis, aggregate discipline data including disciplinary actions and offenses.

15.9    Fail to ensure that appropriate disciplinary information is communicated to teachers and counselors who have direct contact with the disciplined students.

15.10    Fail to ensure that policies, practices, and procedures are fairly and consistently applied across the District that maximize the Average Daily Attendance (ADA) and Weighted Average Daily Attendance (WADA).

15.11    Fail to ensure that all campuses provide safe, nurturing environments that support positive behaviors and good character.

EL-16    Facilities
The Superintendent shall not fail to assure the availability of physical facilities that support the accomplishment of the Board’s Results policies, that are safe, effectively used, and properly maintained. Accordingly, the Superintendent may not:

16.1    Fail to develop a long-term facilities plan to establish priorities for construction, renovation and maintenance projects. In setting those priorities, the Superintendent shall not fail to:

16.1.a.    Assign highest priority to the correction of unsafe and significantly overcrowded conditions;

16.1.b.    Include maintenance costs as necessary to enable facilities to reach their intended life cycles;

16.1.c.    Plan, budget for and schedule preventive maintenance;

16.1.d.    Plan, budget for and schedule system replacement when new schools open, schools are renovated or systems replaced;

16.1.e.    Disclose assumptions on which the plan is developed, including growth patterns and capacity, and the financial and human capital impact individual projects will have on other parts of the organization;

16.1.f    Identify and account for environmental impacts of land use and efficient building design;

16.1.g    Involve other tax-supported local entities as appropriate.

16.2    Fail to use facilities efficiently and effectively, including establishing an annual cycle of review for student attendance zones and school capacity.

16.3    Fail to proactively seek cooperative arrangements with other public and private entities to ensure efficient planning and use of facilities and services.

16.5    Unreasonably deny the public’s use of facilities, as long as student functions and the academic program are not compromised and the intended use is within established district guidelines.

16.6    Allow facilities to be unclean, unsanitary or unsafe.

16.7    Buy or sell real property or build, renovate or close buildings without board authorization.

16.8    Recommend land acquisition without first determining by means including independent third-party verification of growth patterns, comparative costs, construction and transportation factors and any extraordinary contingency costs due to potential environmental, natural and man-made risks.

16.9    Fail to include consideration of life-cycle costs as capital decisions are made.

16.10    Fail to adequately manage the cost and schedule of school construction work, including the authorization of construction change orders for:

16.10.a.    School Bond Program projects that exceed the available project and program contingencies established for such change order work; and

16.10.b.    Annual Maintenance and Operations (M&O) funded projects that exceed twenty- five percent (25%) of the original construction contract amount, except as approved otherwise by the Board of Trustees.

16.11    Fail to survey primary site users on their level of satisfaction with completed bond and plant improvement projects and maintenance projects or work.