Board Information

Bylaws of the Board Role of Board and Members (Powers, Purposes, Duties)

Powers and Duties

The Governing Board’s primary goal is to provide each student with an education of the highest quality in keeping with his/her capacity to learn within the constraints of fiscal resources. This goal shall be that basic factor motivating the Board’s execution of its powers and duties.

(cf. 0000 - Philosophy, Goals, Objectives & Comprehensive Plans)

The Board is responsible for the general control and direction of education in the district and is empowered to carry on and finance any program or activity that is not in conflict with, inconsistent with, or preempted by law. (Education code 35160) This broad authority shall be exercised in accordance with the State and Federal Constitutions, laws and regulations. The Board may execute any powers delegated by law to it or to the district which it governs, and shall discharge any duty imposed by law upon it or upon the district which it governs. (Education Code 35161)

The powers and duties of the Board include governance, executive and judicial functions. These relate to the Board’s own operations as a governing body and to all functions of the district.

Governance Functions

To fulfill its responsibility, the Board is committed to establishing policies to govern district activities.

(cf.9310 - Development, Distribution and Maintenance of Policies, Regulations, Bylaws)

The Board shall consider and approve or disapprove matters submitted to it by the Superintendent and the public.

The Board shall prescribe rules for its own governance which are consistent with the law or with the rules prescribed by the State Board of Education. (Education Code 35010)

(cf. 9300 - Governance)

Executive Functions

The Board is authorized by law to delegate any of its powers and duties to a district officer or employee. The Superintendent or designee shall be the chief executive

officer of the Board. In accordance with Board policy, the Board delegates to the Superintendent or designee the authority to carry out Board decisions and to make and carry out any decisions which it delegates. The Superintendent or designee shall be fully responsible for the proper use of this authority.

(cf. 2210 - Administrative Leeway in Absence of Governing Board Policy)

The Board is ultimately responsible for the performance of any powers or duties delegated.

Judicial Functions

The Board believes that school employees and citizens have the right to a hearing andresolution of grievances, complaints and criticisms. In order to maintain positive personnel and public relations, the Board, convened, shall serve as a body of appeal for grievances, complaints and criticismsin accordance with Board policies and negotiated employee agreements.

(cf. 1312 - Complaints Concerning the Schools)
(cf. 4144 - Grievances/ Complaints)

Legal Reference:
EDUCATION CODE
2600-2603 School district boundaries
5304 Duties of the governing board (re school district elections) agencies
12400-12405 Participation in federal programs
17216 Manner of acquisition; school site on property contiguous to district
17565-17592 Property maintenance and control
33003 Operation and organization; bylaws
33319.5 Implementation of authority of local agencies
35000District name
35010 Control of district; prescriptionand enforcement of rules
35020-35046 Officers and agents (power of governing board to appoint)
35100-35351 Governing boards - esp.
35160-35182 Powers and duties
35230-35240 Corrupt practices
35291 - Rules

Bylaw San Jose Unified School District
adopted:April 22, 1993 San José, California