Principal Advisory Council Bylaws
The Charter Schools, School Governance, and Flexibility Office has embarked on a listening tour to inform the reinvigoration of the role that parents and the community play in advising school leadership. A redesigned structure will allow advisory councils to have a clear focus on increasing community engagement and student achievement through transparent operations and shared best practices. The District’s goal is for each school to have an active council with elected members who have the training and support needed to operate in accordance with the District’s standards of good governance.
The District process began in Fall 2016 with a formal survey of principals and current council members. One-on-one interviews also took place with council chairs, regional superintendents, senior staff and community members. Most importantly, the School Governance team attended over 40 council meetings. In December and January, the School Governance team facilitated nine focus groups with current council members from across the District and will conduct two final groups in February with interested community stakeholders.
Based on feedback from the listening tour, the current bylaws, originally designed in 2000, have been re-drafted (see below). This draft reflects many best practices suggested during the listening tour including a re-branding of the advisory councils as “Principal Advisory Councils”. The window for public comment will be open from February 13th to February 27th. Based on this input as well as internal District review, a final set of Bylaws will be presented to Superintendent Green for approval in April.
- For the purpose of this document, the term parent is inclusive of legal guardians.
- Election month is determined in the bylaws; the date is determined by school principal.
- Each school should identify procedures to elect a number of parent members to the School Council so that such parents or guardians make up a majority, at least two of whom shall be business persons.
- Every parent of students enrolled in school is eligible for membership on the School Council except for employees whose students attend the school where they are employed.
- School Council members must be eighteen years of age or older, with the exception of student reps.
- The parents, teachers, and business persons elected or selected shall serve on the council for a period of time pursuant to adopted bylaws.
- Parents of students in the highest grade in the school can serve on the School Council but shall vacate the position when their child enters middle or high school. These parents will be available for election at the new school assuming a vacancy exists.
- Parents of students in the highest grade of a feeder school should be advised that they can be nominated to serve on the School Council in the new school and can vote in the election.
- Parents who are elected shall no longer be eligible to serve if their child leaves the school.
- The principal notifies all parents of children in the school that they are eligible to be nominated or that they may nominate other parents for the number of parent seats open on the School Council.
- Nominations must be opened no less than two weeks prior to election date and will close the day preceding elections.
- The notification shall be determined through the following actions by principal:
- Compose a letter/flyer announcing the upcoming election to parents that defines the purpose of the School Council and includes an invitation for submittal of nominations for the number of parent positions open.
- Place an announcement of election date, place, and times in the local newspaper and the PTA/PTO newsletter, if timing is appropriate.
- Post the announcement on school bulletin board, marquee, and school web page.
- Request that a paragraph be written (no more than 100 words) including biographical information, reason why nominee would make a good parent representative, and attach a picture of nominee (the paragraph and picture are optional).
- Nominations are to be returned to principal who daily verifies that nominees will serve if elected.
- The principal shall develop a list of nominees and post daily on school bulletin boards and other conspicuous areas where announcements are normally posted.
- The election polling location in the school will need to be identified and the time for voting between 7:00 AM and 7:00 PM
- The names of the nominees will be posted at the polling site and on the ballot.
- Prepare a list of students with parent’s names.
- When parents arrive to vote, check off their name and provide them with a numbered ballot (only one ballot per parent).
- No write-in votes will be allowed.
- Direct parents to the voting booth. After voting, ballots are placed in the ballot box.
- Following the closing of the polls at 7:00 PM, have three persons (not administrators) previously identified to count votes and determine the winners by those receiving the most votes.
- Verify the election results and provide a written report signed by those having counted the votes to the principal.
- Announce the results of election to all parents the next day by notice to be taken home by students, posted on bulletin boards, marquee, e-mail, website, and the like.
- Any nominee requesting a recount shall cause the count to be taken again.
- For the purpose of this document teachers shall be defined as all certificated personnel who serve four of six segments per day in the school, excluding administrators; hereafter certificated personnel will be referred to as teachers.
- Teachers are eligible to be elected to the School Council; the number being specified in the bylaws.
- The lead time for teacher nominations, election date, and posting the names of nominees are the same as stated previously. The principal verifies that nominees will serve, if elected.
- The election of teacher nominees is to be held during the school day. Each teacher shall receive and sign for a numbered ballot with nominees’ names.
- After voting, the ballot is placed in the ballot box. The ballot box should be monitored by two persons appointed by the principal. The votes will be tallied at the close of the school day by a committee comprised of one teacher from each grade or from three departments who are not nominees.
- The teacher(s) with the most votes will be declared the member(s) on the School Council.
Community Business Persons and Other Members
- Community business persons and other members may be identified to serve on the School Council, providing the bylaws allow for such members and parents maintain a majority.
- The principal will determine a list of community businesses and other members after receiving recommendations from the faculty. The Chamber of Commerce, Rotary Club, 100 Black Men, school organizations, and the like may be contacted for business persons to serve.
- The principal will ask these business persons and other members if they would agree to serve, if selected.
- The principal, teachers, and parents on the School Council will convene to select business persons and other members from the list of recommendations.
- The principal shall notify those selected to serve.
When taking action on items on the agenda, the school council should have clearly outlined procedures for handling motions and taking votes. These procedures must conform to the requirements specified in law and should conform to standards that are incorporated into a parliamentary guide such as Robert’s Rules of Order.
This summary will focus on legal requirements mandated for school councils and suggested parliamentary procedure that school councils may follow in taking official action during meetings.
A quorum must be present in order to conduct official business. Quorum means a majority of members. If the school council is comprised of seven members, a quorum is four members.
- More than half of the school council members present representing a quorum. Except as noted below, every motion is to be determined by a majority vote of members present, representing a quorum. For example, if the school council has eleven members and six are present, a quorum exists. If two members vote “yes” on a motion, two members vote “no,” and two members abstain, the motion fails. The majority of members present (more than half) did not vote “yes” for the motion. Abstentions often can have the same effect as a vote against the motion. The adoption of bylaws or changes in the bylaws requires two-thirds affirmative votes (OCGA § 20-2-86[h]). A majority vote of the school council is necessary to withdraw a school council member’s membership status due to inactivity as specified in the bylaws (OCGA § 20-2-86[c]).
- unanimous consent
- Rather than voting on every issue, the chairperson can ask for “unanimous consent” on items that do not seem to be controversial. This can be done by saying, “Is there any objection to … ?” If there is no objection, the action can be taken.
A motion is a proposal by a council member that the council take certain action.
Any council member, including the chairperson, may make a main motion to introduce a subject for action. A long motion should be written and given to the chairperson. The council member who makes the motion is not required to vote in favor of it.
Second a Motion
Any council member may second a motion except the individual who made the motion. A second merely implies that the motion should come before the school council for discussion. The school council member who seconded a motion is not required to vote in favor of it. If a motion does not receive a second, it fails and no vote is taken. Once a main motion has been seconded, the presiding officer states the question (reads the motion) and indicates that it is open to debate.
Debating a Motion
Customarily, the person who makes the motion speaks first. School council members should confine their remarks to the pending question. The chairperson may participate in the debate. When the chairperson determines that debate is ending, he/she can ask, “Is there any objection to calling the question?” If there is no objection, proceed to a vote on the motion. If there is objection, the chairperson should take a vote on whether or not to end debate.
Subsidiary motions are used to address or dispose of the main motion. All of these subsidiary motions require a second.
- used to change the wording of the main motion—debatable; requires majority vote
- used to refer a motion to a committee for study or revisions—debatable; requires majority vote
- used to delay consideration of a motion until a stated future time—debatable; requires majority vote
- lay on the table
- used to delay consideration of a motion until the majority decides to “take from the table”—not debatable; requires majority vote
- move the previous question
- used to end debate on a motion—not debatable; requires a two-thirds vote
- postpone indefinitely
- used to drop the main motion and avoid a vote on it—debatable; requires majority vote
Incidental motions are used to address concerns and questions related to procedure.
- point of order
- A point of order is used by a member to call attention to a breach of the rules. The effect is to require the chair to make a ruling on the question. If the member is dissatisfied with the result, the ruling may be appealed. An appeal motion requires a second, is debatable, and requires a majority vote.
- parliamentary inquiry
- used to request the chair’s opinion on parliamentary procedure
- point of information
- used to inquire about facts related to the business at hand
Voting on the Motion
When the debate appears to be closing, the chair can ask, “Are you ready for the question?” If no one desires further debate, the chair puts the question to a vote after restating the motion. The voice vote or show of hands may be used. The chairperson may participate in the vote, and members may choose to abstain from voting. Proxy voting and secret ballots are not allowed. The chairperson states the results of the vote.
If the school council is voting to go into executive session, the secretary must record the names of those school council members voting to go into executive session and the motion stating the reason that the school council is going into executive session. A majority vote is required.
Voting to adopt or amend bylaws of the council requires an affirmative vote of two-thirds of the council members.
All meetings are open unless otherwise provided by law (OCGA 20-2-86(f) and OCGA 50-14-1). Regular meetings may be cancelled or postponed without notice. The Council must:
- Post a public announcement of the times, dates and place of all regular meetings for the school year in a conspicuous location at the school and on the School Council webpage located on the school’s District-provided school website;
- Give written or electronic notice of the time, place, and date of a specific Council meeting to the Council members at least seven days prior to a regular meeting.
Council meeting agendas must:
- Include the time, date, and place as well as all matters expected to come before the Council; and
- Be posted at least seven days prior to the meeting, at the meeting site, and on the school council webpage located on the school’s District-provided school website.
Note: Failure to include an item on the agenda that becomes necessary to address during the meeting does not prohibit the Council from amending the agenda and considering and acting upon the item.
Council meeting summaries must:
- Include the subjects acted on and the members present at the meeting,
- Be written, and
- Be posted on the School Council webpage located on the school’s District-provided school website within two business days of the adjournment of the meeting.
Council meeting minutes must:
- Include, at a minimum, the names of Council members present, the description of each motion or other proposal made during the meeting, names of those individuals making and seconding each motion or proposal, and a record of all votes taken;
- Include the name of each person voting for or against each motion or proposal, or abstaining from voting on each motion or proposal;
- Be sent to Council members within 20 days following each Council meeting;
- Be approved by the Council no later than the next regular Council meeting and be posted on the school council webpage located on the school’s District-provided school website within two business days of the adjournment of the meeting; and
- Be kept on file at the school office for anyone to request to review.
Visual and/or sound recording of Open Meetings will be permitted.
Executive Session (Closed Meeting)
Meetings, or a portion of a meeting, may be closed to the public (an “executive session”) ONLY if the Superintendent or his or her designee requests an executive session for matters related to the purchase, disposition or lease of property or real estate; personnel matters except for the receipt of evidence or when hearing argument on personnel matters including imposing disciplinary action or to dismiss an employee or discussing matters of policy regarding employment or hiring practices; or any other matter covered by attorney-client privilege.
In the unlikely event that the Superintendent requests an Executive Session of the Council, the following procedures must be followed:
- A majority vote of a quorum present for a Council meeting is necessary to close the meeting.
- One of the above listed reasons must be specified for closing the meeting and recorded in the minutes.
- Minutes must reflect the names of the Council members present and the names of those voting to close the meeting which should be posted on the School Council webpage located on the school’s District-provided school website.
- Only the portion of the meeting that deals with the above listed reasons will be closed; other portions of the meeting must be open, and minutes shall be taken, recorded and open for public inspection as detailed above.
- When a meeting or portion of a meeting is closed, the Council Chair will execute and file with the minutes of the meeting a notarized affidavit stating under oath that the closed portion of the meeting dealt with the above listed reasons.
- If one or more persons in Executive Session starts a discussion not authorized under the Open Meetings exceptions, the Council Chair shall immediately rule the discussion out of order.
- If one or more persons continues the discussion, Council Chair shall immediately adjourn the Executive Session.
Violation of Open Meetings Act
- Superior courts have jurisdiction to enforce the Open Meetings law; the attorney general has the authority to bring law enforcement actions, criminal or civil.
- If a superior court determines that a Council has not complied with the act, the court will—unless special circumstances exist—assess in favor of the complaining party reasonable attorney’s fees and other litigation costs.
- Any individual knowingly and willfully conducting or participating in a meeting in violation of the Open Meetings act is guilty of a misdemeanor and, upon conviction, may punished by a fine not to exceed $1000.00. Alternatively, a civil penalty may be imposed by the court in any civil action brought pursuant to this chapter against any person who negligently violates the terms of this chapter in an amount not to exceed $1,000.00 for the first violation. A civil penalty or criminal fine not to exceed $2,500.00 per violation may be imposed for each additional violation that the violator commits within a 12-month period from the date that the first penalty or fine was imposed.
- December 15 (5:00pm): Mid-Year Compliance Checkpoint