[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR69.5]



[Page 393-395]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 69_SCHOOL BOARDS FOR DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT 

ELEMENTARY AND SECONDARY SCHOOLS--Table of Contents

 

Sec.  69.5  Responsibilities.



    The Assistant Secretary of Defense for Force Management Policy (ASD 

(FMP)), under the Under Secretary of Defense for Personnel and 

Readiness, shall:

    (a) Make the final decision on all formal appeals to directives and 

other guidance submitted by the school board or Superintendent.

    (b) Ensure the Director, DoD DDESS shall:



[[Page 394]]



    (1) Ensure the establishment of elected school boards in DoD DDESS 

arrangements.

    (2) Monitor compliance by the Superintendent and school boards with 

applicable statutory and regulatory requirements, and this part. In the 

event of suspected noncompliance, the Director, DoD DDESS, shall take 

appropriate action, which will include notification of the 

Superintendent and the school board president of the affected DoD DDESS 

arrangement.

    (3) Determine when the actions of a school board conflict with an 

applicable statute, regulation, or other guidance or when there is a 

conflict in the views of the school board and the Superintendent. When 

such conflicts occur, the Director, DoD DDESS, shall assist the 

Superintendent and the school board in resolving them or direct that 

such actions be discontinued. Such disapprovals must be in writing to 

the school board and the Superintendent concerned and shall state the 

specific supporting reason or reasons.

    (c) Ensure the school board for DoD DDESS arrangements shall:

    (1) Participate in the development and oversight of fiscal, 

personnel, and educational policies, procedures, and programs for the 

DoD DDESS arrangement concerned, consistent with this part.

    (2) Approve agendas and prepare minutes for school board meetings. A 

copy of the approved minutes of school board meetings shall be forwarded 

to the Director, DoD DDESS, within 10 working days after the date the 

minutes are approved.

    (3) Provide to the Director, DoD DDESS, names of applicants for a 

vacancy in the Superintendent's position after a recruitment has been 

accomplished. The school board shall submit to the Director, DoD DDESS, 

a list of all applicants based on its review of the applications and 

interviews (either in person or telephonically) of the applicants. The 

list of applicants will be accompanied by the recommended choice of the 

school board. The Director will select the Superintendent and will 

submit written notice with justification to the school board if the 

recommendation of the school board is not followed.

    (4) Prepare an annual written on-site review of the Superintendent's 

performance for consideration by the Director, DoD DDESS. The written 

review shall be based on critical elements recommended by the school 

board and Superintendent and approved by the Director, DoD DDESS. The 

school board's review will be an official attachment to the 

Superintendent's appraisal.

    (5) Participate in the development of the school system's budget for 

submission to the Director, DoD DDESS, for his or her approval as 

endorsed by the school board; and participate in the oversight of the 

approved budget, in conjunction with the Superintendent, as appropriate 

for operation of the school arrangement.

    (6) Invite the Superintendent or designee to attend all school board 

meetings.

    (7) Provide counsel to the Superintendent on the operation of the 

school and the implementation of the approved budget.

    (8) Channel communications with school employees to the DoD DDESS 

Superintendent. Refer all applications, complaints, and other 

communications, oral or written, to the DoD DDESS Arrangement 

Superintendents.

    (9) Participate in the development of school policies, rules, and 

regulations, in conjunction with the Superintendent, and recommend which 

policies shall be reflected in the School Policy Manual. At a minimum, 

the Policy Manual, which shall be issued by the Superintendent, shall 

include following:

    (i) A statement of the school philosophy.

    (ii) The role and responsibilities of school administrative and 

educational personnel.

    (iii) Provisions for promulgation of an annual school calendar.

    (iv) Provisions on instructional services, including policies for 

development and adoption of curriculum and textbooks.

    (v) Regulations affecting students, including attendance, grading, 

promotion, retention, and graduation criteria, and the student code of 

rights, responsibilities, and conduct.



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    (vi) School policy on community relations and noninstructional 

services, including maintenance and custodial services, food services, 

and student transportation.

    (vii) School policy and legal limits on financial operations, 

including accounting, disbursing, contracting, and procurement; 

personnel operations, including conditions of employment, and labor 

management regulations; and the processing of, and response to, 

complaints.

    (viii) Procedures providing for new school board member orientation.

    (ix) Any other matters determined by the school board and the 

superintendent to be necessary.

    (10) Under 10 U.S.C. 2164(b)(4)(B), prepare and submit formal 

appeals to directives and other guidance that in the view of the school 

board adversely impact the operation of the school system either through 

the operation and management of DoD DDESS or a specific DoD DDESS 

arrangement. Written formal appeals with justification and supporting 

documentation shall be submitted by the school board or Superintendent 

to ASD(FMP). The ASD(FMP) shall make the final decision on all formal 

appeals. The Director, Dod DDESS, will provide the appealing body 

written review of the findings relating to the merits of the appeal. 

Formal appeals will be handled expeditiously by all parties to minimize 

any adverse impact on the operation of the DoD DDESS system.

    (d) Ensure school board operating procedures are as follows:

    (1) The school board shall operate from a written agenda at all 

meetings. Matters not placed on the agenda before the start of the 

meeting, but approved by a majority of the school board present, may be 

considered at the ongoing meeting and added to the agenda at that time.

    (2) A majority of the total number of school board members 

authorized shall constitute a quorum.

    (3) School board meetings shall be conducted a minimum of 9 times a 

year. The school board President or designee will provide school board 

members timely notice of all meetings. All regularly scheduled school 

board meetings will be open to the public. Executive session meetings 

may be closed under 10 U.S.C. 2164(d)(6).

    (4) The school board shall not be bound in any way by any action or 

statement of an individual member or group of members of the board 

except when such action or statement is approved by a majority of the 

school board members during a school board meeting.

    (5) School board members are eligible for reimbursement for official 

travel in accordance with the DoD Joint Travel Regulations and guidance 

issued by the Director, DoD DDESS.

    (6) School board members may be removed by the ASD (FMP) for 

dereliction of duty, malfeasance, or other grounds for cause shown. The 

school board concerned may recommend such removal with a two-thirds 

majority vote. Before a member may be removed, the member shall be 

afforded due process, to include written notification of the basis for 

the action, review of the evidence or documentation considered by the 

school board, and an opportunity to respond to the allegations.