Board of Education Bylaws and Policies
INTRODUCTION
0001 - Name and Legal Status
The legal name of the regional educational services agency (Wayne RESA) is Wayne County Regional Educational Services Agency. Wayne RESA is organized and governed by relevant provisions of the Michigan Revised School Code. At times, Wayne RESA is referred to in these policies as “an agency” or “the agency.”
0002 - The Board of Education
Wayne RESA is governed by the Intermediate School Board (the Board). A principal function of the Board is to adopt Bylaws and Policies that are reasonable and necessary to guide present and future Board and Wayne RESA decision making and operations. The adoption, amendment, or repeal of Bylaws or Policies requires the vote of a majority of the Board members elected and serving.
Bylaws and Policies supplement the wide body of federal and state statutory and regulatory law that applies to RESAs in the State of Michigan. Federal and state laws supersede these Bylaws and Policies, to the extent of any inconsistency. The Board has determined that it is not reasonable or necessary to attempt to reiterate federal or Michigan statutes or regulations in these Bylaws and Policies.
0003 - The Superintendent
The Board will employ a Superintendent (1) in conformity with the Revised School Code and other applicable laws. The Superintendent will serve as Wayne RESA’s chief administrator and is responsible for the development and implementation of Administrative Regulations that give operational effect to the Board Policies. Regulations are to be consistent with these Bylaws and Policies and, except as otherwise agreed by the Board, will not be effective for a period of one month from the date they are provided to the Board. The Board may, but is not required to, formally approve Administrative Regulations. A reference to the Superintendent in these Bylaws and Policies (and in any Administrative Regulations that may be promulgated) means the Superintendent or his/her designee, unless otherwise expressly stated.
The Board is represented in all labor negotiation proceedings by a negotiating team selected or approved by the Superintendent prior to the start of the negotiations. All agreements negotiated by the team are subject to ratification by the Board.
[1] A reference to the “Superintendent” in these Bylaws and Policies is a reference to the intermediate superintendent, as defined under MCL 380.4(6).
1000 - BYLAWS
The Board has adopted these Bylaws to define the manner in which the Board meets, operates, and conducts its business. Bylaws are intended to provide for the Board’s own internal governance, providing the basic framework for Board operations. These Bylaws are supplemented by the Board Operating Procedures (BOP).
1001 - Organization and Function of the Board
Composition: The Board of Education is comprised of five members. Any school elector in a constituent school District shall be eligible for election or appointment to membership on the Board of Wayne RESA. Members of Boards of education of constituent school Districts shall be eligible for election or appointment to membership on the Board of Wayne RESA. No more than two members of Wayne RESA Board shall be from the same school district unless otherwise allowed by law (see MCL 380.614). The process for appointment or election to Wayne RESA Board is detailed in the BOP.
Term of Office: The term of office of each member is 6 years unless otherwise permitted or prohibited by law.
Oath of Office: Newly elected, reelected, and appointed members of the Board will take the required oath of office before being seated, which will occur on July 1 following the election/appointment of the Board member.
Vacancies: In the event of a vacancy on the Board, the Board may appoint an eligible person to fill the position consistent with the process outlined in the BOP and, as applicable, Michigan law.
Duties and Responsibilities of Board Members: Board members are elected to serve the interests of Wayne RESA, the constituent school districts, and the entire Wayne RESA community. These interests may not be subordinated to any partisan principle, group, or interest. Board members are expected to be and remain informed about issues that may come before the Board for decision. Regular attendance at Board meetings is necessary to fulfill the obligations of a Board member.
Role of Individual Board Members: The Board acts as a whole, and only at properly convened Board meetings. An individual Board member lacks independent authority and may not act for or on behalf of the Board unless he/she has been specifically delegated authority by the Board to act in a particular instance.
Code of Ethics: Each Board member will be asked to acknowledge and sign the following Code of Ethics:
As a member of the Board, I will promote the best interests of Wayne RESA as a whole and will adhere to the following ethical standards and principles:
- I will represent all Wayne RESA constituents honestly and equally and refuse to surrender my responsibilities to any partisan principal, group, or interest.
- I will avoid any conflict of interest prohibited by law or appearance of such that could result from my position and will not use my membership on the Board for personal gain, where contrary to the interests of Wayne RESA, and after notice to the Board President and the Superintendent.
- I will recognize that a Board member has no legal authority as an individual and that decisions can be made only by a majority vote at a public meeting of the Board.
- I will take no private action that might compromise the Board or administration and will respect the confidentiality of privileged information.
- I will abide by majority decisions of the Board, while retaining the right to seek changes in such decisions through ethical and constructive channels.
- I will encourage and respect the free expression of opinion by my fellow Board members and will participate in Board discussions in an open, honest, and respectful manner, honoring differences of opinion or perspective.
- I will prepare for, attend, and actively participate in Board meetings.
- I will become sufficiently informed about and prepared to act on the specific issues before the Board.
- I will respectfully listen to those who communicate with the Board, seeking to understand their views, while recognizing my responsibility to represent the interests of the entire Wayne RESA community.
- I will strive for a positive working relationship with the Superintendent, respecting the Superintendent's authority to advise the Board, implement Board policy, and administer Wayne RESA.
- I will model continuous learning and work to ensure good governance by taking advantage of Board member development opportunities, including those sponsored by state and national school board associations, and encourage my fellow Board members to do the same.
- I will strive to keep the Board focused on its primary work of clarifying Wayne RESA’s purpose, direction and goals, and monitoring Wayne RESA performance.
Confidentiality: Board members will receive information that is not available to the general public. This includes information that is received during a closed session of the Board. In order for the proper functioning of the Board, an individual Board member will not share confidential information without the prior authorization of the Board, except as required by law, and after notice to the Board President and Wayne RESA Superintendent.
Conflict of Interest: If a relative (father, mother, son, daughter, sister, brother, or spouse; father-in-law, mother-in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law; step-father, step-mother, step-son, step-daughter; step- or half-brother; step- or half-sister; or, any other persons who reside at the same location as a Board member) of a Board member is already an employee of Wayne RESA, such Board member shall abstain from voting on any matter affecting the employment status of the employee. In addition, Board Members are prohibited from using Wayne RESA funds or other public funds under the control of Wayne RESA for purchasing alcoholic beverages, jewelry, gifts, fees for golf, or any item which the purchase or possession of is illegal. If a Board member has a substantial conflict of interest, as the phrase is defined under Section 634 of the Revised School Code, in a proposed contract for services, supplies or equipment, the Board will not enter into that contract.
A Board member employed by or under contract with a business enterprise with which Wayne RESA is considering entering into a contract, or a Board member who knows s/he has a family member with an ownership interest or is employed by the business enterprise, must disclose such information to the Board at a public meeting before the Board enters into the contract. The Board will vote at the public meeting on whether or not the member has a conflict of interest. Determination of the existence of a conflict of interest does not prohibit the Board from contracting with a business. This policy applies when the Board member recommends, negotiates, or is authorized to sign a contract on behalf of Wayne RESA.
New Members: Board service requires considerable preparation and study. New Board members are strongly encouraged to participate in orientation and educational activities to acquaint themselves with the duties and responsibilities of a Board member.
Committees: The Board may create various committees to gather information for the Board. Committee members will be appointed by the Board President. A committee will consist of less than a quorum of Board members.
Election of Officers of the Board: The President, Vice President, Treasurer, and Secretary of the Board will be elected at the Board’s annual organizational meeting. The vote of a majority of the Board members elected and serving will be necessary for election to these offices. The elected officers will hold office for one year and continue in office until their successors are chosen and take office. Board officers are eligible for reelection to their office.
President: The President of the Board will preside at all meetings of the Board and conduct meetings in the manner prescribed by these Bylaws. The President will prepare the agenda for Board meetings in consultation with the Superintendent and may perform such other tasks as are reasonably necessary to facilitate Board meetings.
The President, or his/her designee, functions as the official spokesperson for the Board. The President will be the official recipient of correspondence directed to the Board and will provide copies of Wayne RESA-related correspondence to all other Board members and, in his/her discretion, to the Superintendent. Board members who receive Wayne RESA-related correspondence that was not addressed to the President will promptly provide a copy to the President.
The President will sign Board resolutions, tax documents, and all papers and documents required by law or otherwise authorized by action of the Board.
The President, on behalf of the Board, is authorized to consult with the Superintendent and/or Wayne RESA legal counsel prior to presentation of an issue to the full Board.
Vice-President: The Vice-President of the Board will have the powers and duties of the President during the temporary absence or disability of the President. The Vice-President will also have such other powers and duties as the Board may from time to time determine.
Treasurer: The Treasurer of the Board will sign all Wayne RESA documents required by law or otherwise authorized by action of the Board and perform other duties required by law and/or assigned by the Board.
Secretary: The Secretary of the Board and/or an administrative designee will be responsible for taking and keeping the Board minutes in conformity with applicable legal requirements and performing such other duties as the Board may from time to time determine.
Vacancies in Officer Positions: In the event of a vacancy in a Board office, the Board will elect a successor to serve for the balance of the term.
Removal from Officer Positions: The Board may remove a person from an elected Board office by a majority vote of the serving members. Removal from an office does not constitute removal from the Board.
Compensation: Board members will be paid a stipend, as determined by the Board, for attendance at each meeting of the Board, including committee meetings and Board study sessions. The stipend will not exceed $30.00 per meeting, subcommittee meeting, or other duties, and individual Board members will not be paid for more than 52 meetings per year.
Reimbursement of Expenses: In addition to compensation for meeting attendance, Board members will be reimbursed for actual and necessary expenses incurred in the discharge of their official duties, as well as for attending Board approved activities and functions. Board members are expected to exercise good judgment and ensure that expenditures incurred are reasonable, necessary, and in the best interest of Wayne RESA. Board members will not be reimbursed for entertainment expenses or the purchase of alcoholic beverages.
For travel expenses which include at least one overnight stay, Board members, or their designees, must submit both a pretravel authorization form detailing estimated expenses and a post-travel form detailing and verifying actual expenses. The Board must review and approve both forms prior to reimbursement.
Indemnification: Wayne RESA will indemnify the Board and individual Board members to the extent permitted by law. Wayne RESA will also purchase and keep in effect insurance policies for the defense and indemnification of the Board and individual Board members.
Discipline and Removal: By a majority vote, the Board may censure an individual Board member or members for violating federal or Michigan law, these Bylaws or Board policy, or otherwise acting in a manner inconsistent with the office of a Board member. A member of the Board may be removed either by: resolution passed by a majority of the constituent school districts plus one and submitted to the Board, or by the Governor under Section 619 of the Revised School Code.
Professional Services: The Board may select and appoint qualified individuals or firms to provide professional services to Wayne RESA for legal, architectural, and auditing/accounting services. In making such selections, the Board will, minimally, consider certifications, licenses, training, and experience.
1002 - Meetings of the Board of Education
Michigan Open Meetings Act: The Michigan Open Meetings Act (OMA) governs many aspects of Board of Education meetings. These Bylaws supplement the requirements of the OMA.
Annual Organizational Meeting: An organizational meeting will be held annually on or before the fourth Monday of July. The business of the meeting will include:
- The election of Board officers;
- The establishment of a schedule of regular Board meetings for the year; and,
- Such other business as the Board may choose to address, as may be defined in the BOP.
Regular Meetings: Regular meetings of the Board will be held in accordance with the schedule established by the Board at the organizational meeting. The agenda for each regular meeting will be developed by the President of the Board in consultation with the Superintendent.
Special Meetings: Special meetings of the Board may be called by the President or any three (3) Board members by providing not less than 18 hours’ notice to all Board members. The notice to Board members and the public shall be consistent in manner and form with the requirements of the OMA.
Meeting Procedures
Quorum: Unless otherwise required or permitted by law, a majority of the serving members will constitute a quorum.
Voting: Unless otherwise required or permitted by law, the affirmative vote of a majority of the serving Board members is required to exercise the Board’s authority.
Electronic Meetings and Remote Participation: A Board member must be physically present at the meeting to be counted toward a quorum or vote in a meeting, except as otherwise permitted by the OMA. Board members who are not explicitly authorized under the OMA to participate remotely in a meeting, or who do not have a disability for which the only reasonable accommodation is remote meeting attendance, may remotely contribute to Board meetings. However, any such Board member may not be counted toward a quorum or vote in such meeting. Additionally, if any Board member is present remotely due to a reason explicitly authorized by the OMA or as the reasonable accommodation for a disability, no other Board member may remotely contribute to the Board meeting unless they are present remotely due to military duty or reasonable accommodation for a disability.
If a Board member participates in a Board meeting remotely because of an absence due to military duty, or as the only reasonable accommodation available for a disability that would otherwise prevent the Board member from attending the Board meeting, the following conditions must be met:
- In addition to any other notice required under the OMA, the Board must post advance notice consistent with MCL 15.263a(4) and post the agenda consistent with MCL 15.263a(5);
- The Board Secretary must include the name of each Board member attending remotely in the meeting minutes, and an announcement must be made at the outset of the meeting that the Board member is attending remotely. Except for a Board member absent due to military duty, the announcement must also identify the Board member’s specific location by state and city, township, county, or village;
- The Board must use 2-way communication so that Board members attending remotely can hear and be heard by other Board members and public participants;
- The Board member attending remotely must notify the Board President at least one (1) business day before the meeting that s/he will participate remotely to allow the Board President to make arrangements to notify the general public of the means by which it may contact the Board member prior to the meeting; and
- The Board President must take steps to ensure the general public is aware of the manner any Board member attending remotely voted on any and all matters brought before the Board for a vote, such as requiring roll call voting.
Guidelines for Public Participation at Board Meetings: The Board will establish guidelines concerning public participation at Board meetings. The guidelines will include, but not be limited to:
- Limiting the time any individual may address the Board.
- Requiring individuals who wish to address the Board to identify themselves, their address, and any organization they may represent.
- Advising the public that, generally, the Board and individual Board members will not directly respond to comments or questions that arise during the public participation portion of the meeting.
- Requiring individuals who wish to address the Board to direct their comments to the entire Board and not to individual Board members, the Superintendent, other Wayne RESA employees, or members of the audience.
- Prohibiting behavior that is intemperate, abusive, defamatory, or discourteous or that otherwise interferes with the orderly conduct and timely completion of the Board meeting.
- Excluding from the meeting an individual who engages in conduct that constitutes a breach of the peace.
Rules of Order: Disagreements concerning the rules of order for a meeting will be resolved according to the latest edition of Robert’s Rules of Order. The Board may, however, suspend the Rules for a particular meeting or vote by action of a two-thirds (2/3) vote of those members present.
Suspension or Waiver of the Bylaws: Bylaws may be suspended by general consent or a two-thirds (2/3) vote of the Board members present at a properly constituted meeting. The suspension will apply to a particular instance and matter only and will not otherwise be applicable to subsequent actions or events.
1003 - Adoption or Amendment of Bylaws and Policies
The Board will adopt or amend Bylaws and Policies after readings at two separate Board meetings. The Board may, by a majority vote of members elected and serving, waive a first reading.
The Board delegates the Superintendent the authority to make non-substantive, clerical changes, or correct scriveners’ errors in the Policies without Board of Education approval. Such changes will not be effective for a period of one month from the date they are provided to the Board.
1004 - Conflict Between Policies and Administrative Regulations
In the event of a conflict between Board-approved policies and administrative regulations, the Board-approved policy will prevail.
2000 - EDUCATIONAL SERVICES
The Board has adopted these Bylaws to define the manner in which the Board meets, operates, and conducts its business. Bylaws are intended to provide for the Board’s own internal governance, providing the basic framework for Board operations. These Bylaws are supplemented by the Board Operating Procedures (BOP).
2001 - Mission
Wayne RESA is a regional educational service agency that provides a broad range of services and support to member school districts throughout Wayne County, Michigan. Wayne RESA works with local school districts, public school academies, the Michigan Department of Education, business and industry, and community groups to improve student achievement and maximize resources in staff development, purchasing, and administrative services.
2002 - Educational Operations
Closed Forum: Wayne RESA is a closed forum, dedicated to the support of staff and students within Wayne RESA member school districts. Where deemed necessary, Wayne RESA reserves the right to prohibit communication by students and PSAs or others while observing all applicable legal requirements.
Distribution and Posting of Materials: The posting and distribution of materials on Wayne RESA premises is prohibited unless the materials are generated by Wayne RESA itself or provides factual information about Wayne RESA academic or extracurricular activities. All postings and materials to be distributed require the prior written approval of the building administrator or his/her designee.
The Superintendent may develop and implement regulations for the posting and distribution of other information. In all cases, Wayne RESA prohibits the posting or distribution of literature that violates 6008-AR or otherwise:
- Is libelous, defamatory, obscene, lewd, vulgar, or profane;
- Violates federal, state, or local laws;
- Advocates the use or availability of any substance or material that may reasonably be believed to constitute a direct and substantial danger to the health or welfare of students, such as tobacco, alcohol, or illegal drugs;
- Incites violence;
- Interferes with or advocates interference with the rights of any individual or the orderly operation of the schools and their programs;
- Is primarily of a commercial nature, including but not limited to material that primarily seeks to advertise products or services; or
- The primary purpose of which is fundraising, except as approved in advance by the Superintendent.
Student Bullying: The Board recognizes that bullying and cyberbullying significantly interfere with the learning process. Through this Policy, the Board prohibits bullying “at school,” as defined in the accompanying administrative regulations, as well as off-campus conduct that is likely lead to a material or substantial disruption of the school learning environment for one or more students.
This Policy is intended to protect all students from bullying, including cyberbullying, regardless of the subject matter or motivation for the behavior. The Board, through this Policy, also prohibits retaliation or false accusations against a target of bullying, as well as a witness or another person with reliable information about an act of bullying. The identity of an individual who reports an act of bullying shall remain confidential. The Superintendent will promulgate administrative regulations to implement this policy with accompanying regulation.
Seclusion and Restraint: The Board directs Wayne RESA personnel and others to comply with Michigan law prohibiting seclusion and restraint, except for emergency seclusion and emergency physical restraint in the manner permitted by law.
Epinephrine Auto-Injectors (Epi-Pens): Wayne RESA will acquire or purchase and maintain at least two functioning epinephrine auto-injectors (epi-pens) for and at each school building/campus it operates. Properly trained Wayne RESA personnel or authorized contractors will administer an epi-pen injection to any individual on Wayne RESA grounds who is believed to be having an anaphylactic reaction. In the event of a student incident in which Wayne RESA personnel administer an injection, Wayne RESA will notify the parent(s) or legal guardian of any such student.
The purpose of this policy is to comply with sections 1178 and 1179 of the Revised School Code. This policy is not intended, and should not be construed, to create or grant any rights or remedies to any person. The Superintendent will promulgate administrative regulations for implementing this policy consistent with the requirements of the Revised School Code, which regulations will incorporate, by reference, the Michigan Department of Education’s Medication Administration Guidelines.
Cardiac Emergency Response Plan: The purpose of this policy is to comply with Sections19 and 19b of the Fire Prevention Code and Section 1319 of the Revised School Code. The Superintendent will develop and implement regulations that will enable Wayne RESA to offer an appropriate response in the event of a cardiac emergency. These procedures will address, at a minimum:
- The use and regular maintenance of automated external defibrillators located throughout Wayne RESA’s campus and facilities.
- The establishment and activation of a cardiac emergency response team in the event of an identified cardiac emergency, and integration of the cardiac emergency response team with the local emergency response agencies and system.
- The methods for effective and efficient communication in the building or outside area in which the emergency arises.
- A legally compliant training training plan for the use of automated external defibrillators and cardiopulmonary resuscitation techniques.
- The incorporation or integration of a local emergency response system and emergency response agencies into Wayne RESA's procedures.
The Superintendent will periodically annually evaluate Wayne RESA’s cardiac emergency response procedures and report the evaluation results to the Board.
Programs and Activities: Wayne RESA personnel will take reasonable precautions to preserve the health, safety, and welfare of staff and students directly supported by Wayne RESA-related programs and activities.
Health Concerns Raised by Parents or Guardians: Parents or constituent districts are responsible for informing Wayne RESA of health and safety concerns particular to students directly supported by Wayne RESA in order to address those concerns. The Superintendent will develop and implement regulations for addressing the health and safety concerns of staff and students directly supported by Wayne RESA with disabilities within the meaning of Section 504 of the Rehabilitation Act of 1973.
2003 - Special Education
Special Education Plan: In cooperation with Wayne RESA’s constituent districts, including public school academies, the Board will develop, establish, and continually evaluate and modify a plan for the delivery of special education programs and services that provides special education services to students with disabilities who are residents of a constituent district and are under the age of 26 with a free and appropriate public education in the least restrictive environment. The plan will be drafted consistent with the Revised School Code and the Michigan Administrative Rules for Special Education (MARSE) and must include, at a minimum, the requirements found under MARSE R 340.1832.
Upon initial completion of the plan and when any modifications are made, the plan will be submitted to the Michigan Department of Education Office of Special Education, which will forward the plan to the Superintendent for Public Instruction for review and approval. Approved plans will be distributed to Wayne RESA’s constituent districts and PSAs and the chairperson of the parent advisory committee within seven days of Wayne RESA's receipt of approval.
3000 - PERSONNEL
A quality program that supports education is very largely a function of the personnel employed to implement the educational goals of the Board. The Board will search for and employ persons of the highest character who have the skills and other qualifications necessary to meet staffing requirements.
Board policies apply to all Wayne RESA employees, including personnel who are covered by a collective bargaining agreement.
Unless prohibited by law or contract, all Wayne RESA employees are considered employees at will, meaning they may be terminated at any time, with or without reason or cause. An employee’s termination must be approved by the Board, upon recommendation of the Superintendent, or his/her designee. This policy supersedes and replaces any and all employment policies, practices, commitment, and/or assurances, if any, which are contrary to or in conflict with this policy.
In the event that a Board policy conflicts with an enforceable provision of a collective bargaining agreement, the bargaining agreement will control the particular matter for employees who are within the coverage of that agreement. Any provision of a collective bargaining agreement that purports to cover a prohibited subject to bargaining is not enforceable.
All staff members have the responsibility to make themselves familiar with, and abide by, the laws of the State of Michigan as they affect their work, the policies of the Board, and implementing Administrative Regulations designed to implement them.
3001 - Administrative Staff and Organization
Superintendent: The Board will employ a Superintendent in conformity with relevant provisions of the Revised School Code and other applicable laws. A constituent school district may contract with Wayne RESA to have its Superintendent (or designee, as appropriate) also serve as the superintendent of schools for the constituent district.
Other Administrators: The Board may employ other administrators as it deems necessary for the proper operation of Wayne RESA.
3002 - Employment Considerations
Equal Employment Opportunity: The Board is committed to equal employment opportunities in all aspects of employment, including recruitment, selection, training, promotion, and retention of staff.
Discrimination and Harassment: The Board is committed to maintaining a learning/working environment in which all individuals are treated with dignity and respect, free from illegal discrimination and harassment. There will be no tolerance for discrimination or harassment in employment on the basis of race, color, national origin, religion, sex, marital status, genetic information, disability, age, or any other illegal grounds. See, also, Policy 7007.
Nepotism: It is the intent of the Board to avoid favoritism as well as the appearance of favoritism towards relatives in all matters concerning employment in Wayne RESA. The Board adopts the following standards:
- No Board member or employee shall participate in any personnel action, including a recommendation for appointment, employment, promotion, or evaluation, concerning an applicant or employee to whom she or he is related.
- No Board member or employee may directly supervise or evaluate an employee to whom that person is related. If a person is hired or transferred into a position the person will immediately report that fact to the Superintendent, who will consult with the Board of Education concerning the proper disposition of the matter.
This policy should not, except as expressly provided, be interpreted to prohibit the employment of relatives of Board members or relatives of Wayne RESA employees.
For purposes of this policy, the terms “related” or “relative” refer to the following relationships: father, mother, son, daughter, brother, sister, or spouse; father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law; step-father, step-mother, step-son, step-daughter; step- or half-brother, step- or half-sister; or, any other persons who reside at the same location as the Board member or employee.
Criminal Background Checks: The Board seeks to ensure a safe and secure environment for students, staff, and other members of the Wayne RESA community. Accordingly, Wayne RESA will comply with state law and require that any individual working in a school building, whether as an employee or working regularly and continuously under contract, submit to a fingerprint criminal history background check by the department of state police and FBI. If an individual has been convicted of a listed offense, as defined by Michigan law, Wayne RESA will not employ the individual. If the individual has been convicted of a felony other than a listed offense, Wayne RESA will consider the severity of the felony, when the conduct occurred, its effect on the ability of the individual to work in a school building, and any other matters considered relevant to the safety of the school community. An individual with a felony conviction will not be permitted to work in a school building unless the assignment is specifically approved by the Superintendent and the Board. Should Wayne RESA become aware, at any time, that an individual already working in a school building has been convicted of a listed offense or a felony, the same procedures will apply.
Within three days of arraignment for a crime described in Michigan Compiled Laws Section 380.1535a, any school employee, regularly and continuously contracted staff person, or other individual fingerprinted for purposes of school employment, must report those charges to Wayne RESA and the Michigan Department of Education.
The Superintendent will develop and implement administrative regulations to carry out this policy.
3003 - Conditions of Employment
Alcohol and Drug Free Workplace: The Board maintains a workplace free of alcohol and illegal drugs, as well as prescription drugs for which the employee does not have a current, valid prescription. An employee or volunteer who is found to have unlawfully manufactured, distributed, dispensed, possessed, or used alcohol or any drug in the workplace shall be disciplined, up to and including discharge from employment. Similarly, an employee or volunteer who is found to have been present in the workplace while under the influence of illegal drugs, prescription drugs for which the employee does not have a current, valid prescription, or alcohol will be subject to discipline, up to and including discharge from employment. All employees must notify Wayne RESA, in writing, if charged with a violation of a criminal drug statute occurring in the workplace. Notification must be provided no more than three (3) business days after being arraigned for the crime. All employees agree to abide by this policy as a condition of employment. This notification requirement does not eliminate the obligation of Wayne RESA employees or volunteers to report convictions of felonies and/or listed offenses, as otherwise required by law.
Notwithstanding state permissibility, the use and possession of marijuana and marijuana-induced intoxication are prohibited on Wayne RESA grounds.
Wayne RESA’s Deputy Superintendent of Administrative Services is directed to establish a drug-free awareness program to inform employees about: the dangers of drug abuse in the workplace; employee awareness of this policy; and available drug counseling, rehabilitation, and employee assistance programs.
Omnibus Transportation Employees: To the extent Wayne RESA elects to provide transportation services for students utilizing its own employees, Wayne RESA will comply with the Omnibus Transportation Employee Testing Act of 1991. The Superintendent will develop and implement regulations to conduct alcohol and drug testing of all employees working in safety sensitive transportation positions, within the meaning of the Act.
HIPAA: The Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires Wayne RESA to provide employees with notice of the uses and disclosures of their protected health information that may be made by Wayne RESA. Wayne RESA will comply with the requirements of HIPAA with regard to any employee benefit or group health plan provided by Wayne RESA that is subject to the requirements of the Act. The Superintendent will develop and implement regulations necessary to ensure continuing Wayne RESA compliance with the requirements of HIPAA.
Leaves of Absence: An employee may be granted a leave of absence, with a right to return to employment upon expiration of the leave. A leave of absence is without pay unless otherwise provided by law, Board policy, or a negotiated contract. The Superintendent will develop and implement legally compliant leave of absence regulations, specifying the various types of leave that are available to Wayne RESA employees and the manner in which application for a leave may be made.
Remote Work: Unless a remote work request has been approved by the Human Resources Department, Wayne RESA expects all employees to work on-site and in person. The Superintendent will promulgate administrative regulations consistent with this policy.
FMLA: Wayne RESA will comply with the Family and Medical Leave Act (FMLA) and corresponding regulations. Wayne RESA will use the rolling calendar method under the FMLA. The FMLA leave of any employee of Wayne RESA will be without pay. If the employee has paid leave time available under an applicable contract, the employee will be required to use that paid time concurrent with any FMLA leave.
Paid Medical Leave: Wayne RESA will provide paid medical leave (PML) to eligible employees pursuant to Michigan law. The Superintendent will determine whether PML will accrue over the course of each benefit year or will be provided at the beginning of each benefit year and will promulgate administrative regulations concerning the use of PML. Payment and use of accrued or provided PML will be coordinated with all types of paid leave available to an eligible employee pursuant to collective bargaining agreements, individual contracts, or other Wayne RESA policies and administrative regulations. This policy and any implementing administrative regulations will be automatically rescinded, without further action by the Board or the Superintendent, if paid medical leave is mandated by federal law.
Medical Examinations: The Superintendent or his/her designee may require an employee to submit to a medical examination when:
- Required or permitted by federal and state law.
- Required or permitted by the employee’s contract of employment and permitted by federal and state law.
- Information suggests that a health condition may be negatively affecting the employee’s ability to perform the essential functions of his/her job, with or without accommodations.
- Information suggests that the employee is a direct threat to his/her safety or the safety of others.
- An employee has provided insufficient medical documentation as the basis for a health leave and, after providing the employee an opportunity to supplement the documentation, the documentation remains insufficient.
If the Superintendent requires an employee to submit to a medical examination, all costs will be borne by Wayne RESA. The employee will be required to sign a release authorizing the physician to submit a copy of the report of the examination directly to the Superintendent. A copy of the physician’s report will be maintained in a separate, confidential personnel file.
3004 - Evaluations, Discipline and Discharge, Resignations
Performance Evaluations: All employees can improve their performance and should strive for excellence in order to provide the best possible education for the students supported by Wayne RESA. To that end, Wayne RESA will annually or bi-annually evaluate employee performance. The evaluation of the Superintendent shall be conducted in a manner consistent with state law and/or his/her employment contract.
Discipline and Discharge: This discipline and discharge policy applies to all Wayne RESA employees. Furthermore, the employment of a probationary employee, may be terminated at any time, for any reason that is not in violation of state or federal law. Where this policy conflicts with an individual contract of employment or an enforceable provision of a collective bargaining agreement, the applicable contract or agreement will supersede this policy.
The Board believes in maintaining a work environment that allows employees to be successful in best supporting the students of Wayne RESA constituent districts. In return, employees are required to meet the highest standards of personal integrity, professionalism, and performance. Employees whose conduct or performance is inconsistent with Wayne RESA’s expectations are subject to corrective and/or disciplinary action.
Discipline, for purposes of this policy, includes verbal and written warnings, verbal and written reprimands, suspensions, and dismissals/discharges. Discipline does not include verbal or written directives, verbal counseling aimed at correcting behavior or conduct, placement upon a voluntary or involuntary paid leave of absence, and performance evaluations. Such actions are not subject to this policy.
Disciplinary actions are taken at the discretion of Wayne RESA, and may arise for any reason that is not arbitrary or capricious. All disciplinary decisions of Wayne RESA are final and not subject to any grievance or arbitration procedure.
Resignations: The Superintendent is authorized to accept resignations on behalf of the Board. A resignation must be in writing and is effective and irrevocable upon acceptance by the Superintendent.
3005 - Other Matters of Employment
Gifts to Personnel: No employee of Wayne RESA shall:
- Accept any but nominal personal gifts of money, services, or goods from any staff or students supported by Wayne RESA or the parent or guardian of any such individual.
- Accept any but nominal gifts or favors from any person, firm, or corporation that is involved, directly or indirectly, or may be interested in becoming involved, in any commercial dealings with Wayne RESA.
Whistleblower Protection Policy: Employees are expected to report suspected unlawful activity in Wayne RESA without fear of retaliation. The Superintendent will develop regulations to inform employees of the protections and obligations that exist under the Michigan Whistleblowers’ Protection Act. The regulations will include a procedure for reporting alleged violations.
Outside Activities: Employees may not engage in activities which, in the determination of the Superintendent, interfere with their Wayne RESA duties and responsibilities or denigrate Wayne RESA or the employee’s profession.
No employee shall attempt to sell or influence a student to buy any product, article, instrument, service, or other such item, with would directly or indirectly benefit that employee.
Political Activities: Political activities of any employee shall be conducted outside of Wayne RESA buildings, off Wayne RESA premises/campuses, and outside working hours. “Political Activities” include, but are not limited to, attempting to persuade or dissuade anyone to be for or against any candidate or issue while on duty. Employees shall not use students for any Political Activity unless the Activity is student-initiated and parent or guardian approved. In accordance with Michigan law, Wayne RESA resources are, in no way, to be used in furtherance of any political activities.
Ownership of Works: Staff members are encouraged to prepare scholarly articles and otherwise produce materials which might be considered for publication or distribution. Any works which reference Wayne RESA require the prior written approval of the Superintendent.
Staff member works in which a copyright or patent interest may exist are subject to the following:
- Works developed within the specific scope of an employee’s Wayne RESA duties and responsibilities or occurring during the employee’s regular or customary work hours, are the absolute and exclusive property of Wayne RESA.
- Works developed by an employee outside of both the specific scope of his/her employment duties and outside the employee’s regular and customary hours of work belong to the employee.
Professional Development Opportunities: Administration and professional staff are encouraged to seek and take advantage of professional development opportunities. Any expenses or fees associated with such professional development opportunities must be pre-approved by the Superintendent in order to be eligible for reimbursement.
Illegal Conflicts of Interest: Wayne RESA employees and agents are prohibited from engaging in any illegal conflict of interest as determined by state law. See, e.g., MCL 380.1203, MCL 380.634, and Contracts of Public Servants with Public Entities. In addition, Wayne RESA employees are prohibited from using Wayne RESA funds or other public funds under the control of Wayne RESA for purchasing alcoholic beverages, jewelry, fees for golf, or any item which the purchase or possession of is illegal. If an Wayne RESA administrator has a substantial conflict of interest, as the phrase is defined under Section 634 of the Revised School Code, in a proposed contract for services, supplies or equipment, the Board will not enter into that contract.
An employee employed by or under contract with a business enterprise with which Wayne RESA is considering entering into a contract, or an employee who knows he or she has a family member with an ownership interest or is employed by the business enterprise, must disclose such information to the Board at a public meeting before the Board enters into the contract. The Board will vote at the public meeting on whether or not the member has a conflict of interest. Determination of the existence of a conflict of interest does not prohibit the Board from contracting with a business. This policy applies when an Wayne RESA employee recommends, negotiates, or is authorized to sign a contract on behalf of Wayne RESA.
Overnight Travel Reimbursement: For travel expenses which include at least one overnight stay and for which an Wayne RESA employee is entitled to reimbursement, the employee must submit both a pre-travel authorization form detailing estimated expenses and a post-travel form detailing and verifying actual expenses. The Superintendent must review and approve both forms prior to reimbursement. Reimbursement for alcoholic beverages is prohibited.
Professional Staff Contracts: The employment of all Wayne RESA staff shall be secured through written contracts unless such positions are subject to an applicable collective bargaining agreement. The Superintendent is authorized to sign individual contracts on behalf of the Board.
Consultants: The Board may employ outside/non-bargaining unit consultants under written contracts to advise the Board or other Wayne RESA employees. Before employing an outside/non-bargaining unit consultant, the Board requires the submission of a written proposal that can be incorporated into a written contract. The Superintendent is authorized to hire a consultant without prior approval of the Board, so long as the contracted amount is below the state competitive bid threshold. Any contracts exceeding the state bid threshold amount shall require Board approval. The Superintendent will promulgate administrative regulations necessary to enforce this policy.
Codes of Ethics: Wayne RESA expects all individuals working with or for all students serviced by Wayne RESA staff to comply with all applicable professional codes of ethics, including the Michigan Code of Educational Ethics, as approved by the Michigan Department of Education.
Mandatory Reporting: Each professional staff member employed by the Agency and other persons employed by the Agency who are mandatory reporters under the law and/or who have reasonable cause to suspect child abuse or neglect shall be responsible for reporting immediately every case, whether ascertained or suspected, of abuse or neglect resulting in physical or mental injury to a student by other than accidental means, in a manner consistent with the law
4000 - BUSINESS
4001 - General
The Board holds a position of public trust and is responsible to account for and direct the management and expenditure of all monies received by Wayne RESA. In furtherance of this responsibility, the Board directs the Superintendent to establish financial procedures to ensure the proper and effective accounting of all Wayne RESA monies, that monies are administered in accordance with generally accepted accounting principles, and that all legal requirements concerning Wayne RESA monies are satisfied in letter and spirit. Under the supervision of the Superintendent, financial reports and statements will be prepared and submitted to the Board on a monthly basis, or more frequently if requested by the Board.
4002 - Budget Planning and Adoption
The Board is required to prepare an annual general funding operation budget prior to April 1 of each year. The budget is a formalized statement of anticipated revenues and expenditures of Wayne RESA and includes all Wayne RESA fund categories that are used to carry-out Wayne RESA’s educational goals and objectives. The budget will be prepared and published in conformity with the most recent, applicable GASB and will maintain an end-year general fund balance that prohibits the agency from falling into a deficit position.
The Board is responsible for preparing the budget and its timely presentation to Wayne RESA’s constituent school districts under the schedule set forth in Section 624 of the Revised School Code. Following adoption, the approved budget will be filed with the county clerk, if applicable. The Superintendent will regularly inform the Board of actual or anticipated variances that may occur during budget implementation and recommend any action that may be required to be taken by the Board.
The Board is also required to prepare an annual area vocational-technical education budget consistent with Section 683 of the Revised School Code.
4003 - Purchasing
The Board authorizes the Superintendent to purchase or supervise the purchase of all materials, equipment, supplies, and services necessary for the operation of Wayne RESA. The Board expects the Superintendent to seek maximum value for all expenditures. The Superintendent is authorized to promulgate administrative regulations necessary to implement this policy.
The Superintendent will use competitive bidding when and in the manner required by law. In cases where competitive bidding is not required by law, the Superintendent may use competitive bidding or take advantage of cooperative pricing when, in his or her opinion, these procedures serve Wayne RESA’s interest.
Federal Procurement Standards: The Board seeks to ensure Wayne RESA complies with all procurement policies and procedures in accordance with the Education Department General Administrative Regulations (EDGAR) and/or issued pursuant to the Federal Uniform Guidance, 2 CFR Part 200. The Superintendent will delegate responsibility for the development of procedures that comply with this policy to the Executive Director of Finance and Compliance Assistant Superintendent of Financial Services.
Automated Clearing House (ACH) Arrangements and Electronic Transaction of Funds: The Superintendent may enter into Automated Clearing House (ACH) with the consent of the Board. The Superintendent may transact Wayne RESA business electronically.
State/Federal Grants and Awards: The Superintendent will promulgate legally compliant administrative regulations concerning expenditures of funds received through state/federal grants and awards.
4004 - Surplus Property
Land, Buildings, Facilities, and Real Estate: The Superintendent may identify Wayne RESA land, buildings, facilities, and real estate no longer required for Wayne RESA purposes and recommend to the Board the procedures to be followed for the sale or disposition of such property. Board approval is required for both the process to be followed and the ultimate sale or disposition.
Equipment, Supplies, and Other Personal Property: The Superintendent may periodically review Wayne RESA equipment, supplies, and other Wayne RESA personal property and identify any that are thought to be obsolete and not able to be salvaged, those that cannot be utilized efficiently or economically by Wayne RESA, and those that are identified as surplus personal property. The Superintendent may, after notifying the Board, authorize the sale or disposition of any such items in a commercially reasonable manner. Constituent districts will be afforded the first opportunity to secure these items. The Superintendent will account to the Board for such sale or disposition, in writing, including the item(s) sold or disposed of and the price or other consideration received by Wayne RESA.
4005 - Investments
The Board requires prudent management of the public monies to which it has been entrusted. Oversight and management of Wayne RESA monies rests with the Superintendent in consultation with the Treasurer. The Superintendent will, together with other Wayne RESA administrators under his/her direction, develop and implement procedures to be followed in connection with Wayne RESA investments. Such procedures will comply with the Governmental Accounting Standards Board (GASB) and the Revised School Code.
4006 - Risk Management
The Board seeks to minimize risk in all Wayne RESA operations. This requires planning that takes into account the safety of students, employees and the public, the protection of Wayne RESA property, and avoidance of financial loss or liability.
The Superintendent is responsible for establishing a risk management program. The program will include means for identifying, eliminating, reducing, or transferring risk, and may provide for the purchase of insurance, if necessary.
4007 - Audits
The Board will retain a certified public accountant to conduct an annual audit of Wayne RESA’s financial statements to determine, through an independent review, whether the financial statements fairly present the financial position of Wayne RESA, whether Wayne RESA has followed generally accepted accounting principles, and whether proper internal controls exist. The auditor’s report will be presented at a public meeting of the Board.
4008 - Fixed Assets
The Board shall maintain a fixed asset procedure sufficient to track applicable purchases and donations of items meeting the following criteria:
- The cost of each item shall exceed $5,000;
- The item shall have an estimated useful life which exceeds one year; and/or
- Items costing less than $5,000 each may also be included within this policy if such item is deemed to be theft prone or otherwise warranting tracking.
Fixed assets shall be classified into the following major categories:
- Land;
- Buildings;
- Vehicles;
- Improvements other than buildings;
- Construction in Progress;
- Vehicles; and
- Machinery and Equipment.
The Superintendent shall develop such procedures and practices sufficient to meet this Policy.
4009 - Online Fundraising
No employee shall create, post, or sponsor any online fundraiser seeking to secure or generate funds from the public for agency purposes, purchases for school, or utilizing Wayne RESA’s name, logo, or likeness, without prior written consent from the Superintendent. If permission to create, post, or sponsor an online fundraiser is provided by the Superintendent, any property secured or purchased through such fundraising activities shall become the property of Wayne RESA and not the employee. This policy applies, but is not limited to, online fundraising services.
4010 - Wayne RESA Credit Cards
The Board views the use of credit cards, including purchasing cards (“P-cards”), as a convenient and efficient means of transacting Wayne RESA-related business. The Board approves the issuance and use of Wayne RESA credit cards on the terms and conditions set forth below.
Wayne RESA credit cards may be issued to the Superintendent and other Wayne RESA employees designated by the Superintendent. The Superintendent is responsible for the issuance, accounting, monitoring, and retrieval of Wayne RESA credit cards and for overseeing compliance with this Policy. The Superintendent shall assure that:
- A Wayne RESA credit card may be used only by a person to whom the card has been issued by the Superintendent.
- A credit card may be used only for the purchase of goods or services for the official business of Wayne RESA.
- No purchases for personal purposes or cash advances are permitted.
- An employee of Wayne RESA who has been issued a credit card shall submit to the Superintendent a contemporaneous report detailing the:
- Goods or services purchased;
- Date of the purchase;
- Cost of the purchase;
- Wayne RESA-related reason for the purchase.
The person to whom a credit card has been issued is responsible for its protection and custody and shall immediately notify the Superintendent if the credit card is lost or stolen.
A person to whom a credit card has been issued must return the credit card upon the termination of employment or service in office for Wayne RESA.
Internal accounting controls will be developed to monitor credit card use, approval of credit card invoices and assurance that payment will be timely made. In no event will payment be made later than 60 days from the initial date of the statement on which the purchase is reflected.
Any unauthorized use of an Wayne RESA credit card will result in appropriate disciplinary measures being taken.
4011 - Compliance Audits
Public Act 412 of 2004 (Enrolled House Bill 5457) amended the Revised School Code by adding section 622a, which requires the Michigan Department of Treasury (Treasury) to direct audits of intermediate school districts (ISDs). This audit would be in addition to the annual financial audit, would be based in part on an examination of an ISD’s accounts, financial records, and accounting procedures, and would have to address at least three of eight aspects listed in section 622a(1).
At the conclusion of the audit, the auditor will submit the audit report to the Center for Educational Performance and Information (CEPI), which will distribute the report to Treasury and MDE, to the applicable ISD board, to the House and Senate Education Committees, and to the Attorney General if Treasury considers it appropriate. MDE will post the audit reports on its website.
If Treasury determines that the audit has disclosed that the ISD has violated any laws governing the financial operations of an ISD, Treasury will notify the ISD which may appeal. If Treasury determines that the initial determination was correct and the situation has not been addressed, Treasury will file a copy of the report with the Attorney General who, if appropriate, will commence appropriate proceedings against the ISD. See section 622a(2)(g) for a more detailed description of the appeal and determination processes.
Section 622a(4) requires the Michigan Department of Education (MDE) and Treasury, in consultation with ISDs, to develop and make available the auditing criteria to be used.
4012 - Use of Electronic Signatures
Unless a provision of law specifically prohibits the use of an electronic record for the specified purpose, the Board of Education authorizes the acceptance and distribution/transmission of electronic records and electronic signatures to and from Agency staff and other persons, as well as between Agency staff members. The Board further authorizes Agency staff to create, generate, send, communicate, receive, store, process, use, and rely upon electronic records and electronic signatures.
5000 - FACILITIES AND OPERATIONS
5001 - Goal
The Board intends that the working environment for Wayne RESA staff be fully supported by suitable facilities which adequately support the educational services provided by and mission of Wayne RESA.
5002 - Safety and Security
Generally,
Wayne RESA facilities and grounds will be kept safe and secure. Such facilities and grounds should also be maintained as clean, and attractive. The Superintendent will develop and implement safety protocols, along with a maintenance program, to provide for the safe and efficient operation of Wayne RESA and its campuses. The program will provide for the regular inspection and periodic maintenance of all Wayne RESA facilities and be compliant with all applicable safety, health, and environmental requirements.
Wayne RESA will undertake reasonable cooperative efforts with law enforcement agencies. The Superintendent has the responsibility and authority to determine when the presence or assistance of law enforcement officers is necessary on Wayne RESA premises and Wayne RESA-related functions.
Threat Assessment
The Superintendent will develop a threat assessment protocol aimed at addressing situations which may pose a threat to the health, safety, and welfare of the Wayne RESA community. The goal of the threat assessment process is to take appropriate preventive or corrective measures to maintain a safe school environment, protect and support potential victims, and provide assistance, as appropriate, to the person(s) being assessed.
5003 - Firearms and Other Weapons
To the full extent permitted by law, Wayne RESA prohibits firearms and other weapons on Wayne RESA premises and at Wayne RESA-related functions, without prior, written approval from the Superintendent. Wayne RESA employees who violate this policy are subject to discipline, including discharge. Others who violate this policy are subject to being banned from Wayne RESA premises and Wayne RESA-related functions. Wayne RESA reserves the right to report to police authorities any person who violates this policy.
5004 - Crisis, Response, and Campus Closure
The Board strives to provide a safe and supportive working environment for staff and other members of the school community. The Superintendent will develop an agency crisis response plan to be implemented in the event of an emergency.
The Superintendent is authorized to close Wayne RESA campuses or provide alternative working locations in the case of inclement weather or other emergencies when it is unsafe to travel to or attend campus.
5005 - Hazardous Chemicals and Substances
The Superintendent will develop a plan that includes preventive and remedial measures to be taken in the event that there is exposure, or threatened exposure, to a toxic hazard. The Superintendent will also develop and implement an Asbestos-Management Program for Wayne RESA that is compliant with the Asbestos Hazard Emergency Response Act (AHERA).
5006 - Tobacco-Free Environment
Generally: The use of all tobacco products on Wayne RESA property is prohibited. For purposes of this policy, “Wayne RESA property” includes all Wayne RESA buildings/campuses, areas adjacent to Wayne RESA buildings and parking lots. This prohibition applies to employees and visitors to the agency campuses and applies at all times. The term “tobacco” includes any kind of lighted pipe, cigar, cigarettes, or any other lighted smoking materials, as well as chewing products and snuff.
Electronic Cigarettes, Vaporizers, Etc.: The use of electronic cigarettes, vaporizers, etc. on Wayne RESA property is prohibited. The following definitions apply to this policy. "Electronic Cigarettes" and “Vaporizers” means any device that simulates smoking any type of product, regardless whether they are manufactured, distributed, marketed, or sold as e-cigarettes, or under any product name or descriptor.
5007 - Integrated Pest Management
The Superintendent will develop an integrated pest management plan or administrative regulations that include strategies to reduce the use of pesticides that pose health risks to students, staff members, and other persons in Wayne RESA community.
5009 - Recognitions, Remembrances, and Plaques.
The Board may honor a person of national, state, or local importance by placing a suitable plaque or memorial on a Wayne RESA building or facility. The Board may elect to provide remembrances and/or recognitions of Wayne RESA employees or those serving Wayne RESA from time to time. The Board authorizes the expenditure of no more than the amount listed in Section 634 of the Revised School Code for recognitions addressing an individual’s service, employment, or education with Wayne RESA. Other than the foregoing, no public funds shall be expended for remembrances or recognitions approved by the Board.
5010 - Surveillance of and in Buildings and Facilities
The Superintendent may authorize legally compliant surveillance of and in Wayne RESA buildings and facilities. Notice will be provided in cases where the general public are subject to routine and on-going surveillance.
5011 - Stormwater Discharge
The Superintendent will promulgate administrative regulations applicable to the discharge of stormwater.
6000 - AGENCY-COMMUNITY RELATIONS
6001 - Public Information
The school communities served by Wayne RESA should be regularly informed about the objectives, achievements, and condition of Wayne RESA. The Board recognizes the importance of school community and stakeholder input and encourages active involvement in Wayne RESA planning and operations.
Wayne RESA annually releases a comprehensive Annual Services Report and other information in accordance with state and federal reporting requirements. The Superintendent will utilize various media to provide for meaningful sharing of information between Wayne RESA and the school communities it serves.
In accordance with the Michigan Freedom of Information Act (FOIA) Wayne RESA will make public records available for inspection or duplication. The Deputy Superintendent for Administrative Services is Wayne RESA’s FOIA Coordinator and will develop administrative regulations necessary to implement the requirements of the Act. The regulations will include a schedule of costs to be charged, as allowable under the Act. The Superintendent may designate another individual to perform on his or her behalf in receiving, processing, granting, and denying requests for public records.
6002 - Gifts, Bequests, and Donations
The Superintendent may accept gifts, bequests, and donations in the name of Wayne RESA. Gifts, bequests, and donations must:
- Be free of any restriction that is contrary to law or inconsistent with Board policy.
- Be, in the opinion of the Superintendent, fitting and appropriate for Wayne RESA use.
- Not require excessive installation, alteration, or maintenance costs, or otherwise require a large commitment of Wayne RESA resources.
- Contain no commercial advertising.
If the gift is from a person who does or seeks to do business with Wayne RESA, its value must be less than the amount listed under Section 634(4) of the Revised School Code.
6003 - Distribution of Information / Materials
The Board seeks to minimize intrusions on the time of staff caused by the distribution of information from sources outside of Wayne RESA. Materials which have not been purchased from, produced, or sponsored by Wayne RESA may not be sold or distributed on Wayne RESA property without the prior written approval of the Superintendent.
6004 - Public Complaints
The Board welcomes constructive criticism. The Superintendent will develop and implement administrative regulations providing for the investigation and resolution of complaints at their closest point of origin. A complaint concerning the Superintendent may be filed directly with the Board.
6005 - Advertising
No advertising may be distributed, posted, or displayed on or within any Wayne RESA-owned property without the written consent of the Superintendent. The Superintendent shall prepare regulations addressing the circumstances under which Wayne RESA would consider accepting commercial advertisements.
Further, absent the express written consent of the Superintendent, all agency personnel, including contracted personnel assigned to Wayne RESA, shall be restricted from utilizing Wayne RESA resources, technology, including Wayne RESA email, and student-parent contact information received while engaged in duties for Wayne RESA for non-Wayne RESA-related purposes.
7000 - GENERAL POLICIES
7001 - Acceptable Use
Wayne RESA staff may be permitted access to Wayne RESA’s computers, computer networks, and telephone systems for educational, instructional, and administrative purposes. The Superintendent will develop and implement administrative procedures and may develop user agreements consistent with the purposes and mission of Wayne RESA. Any such administrative regulations guidelines or user agreements will be consistent with the Children’s Internet Protection Act (CIPA).
7002 - Americans with Disabilities Act (ADA)
In accordance with Title II of the Americans with Disabilities Act (ADA), Wayne RESA will ensure that no otherwise qualified individual with a disability shall, solely by reason of his/her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination. Wayne RESA does not discriminate in admission or access to, participation in, or treatment of staff with disabilities in its programs and activities. Similarly, Wayne RESA does not discriminate against any job applicant or employee with a disability in any term or condition of employment or in the recruitment process.
As it relates to the presence of service animals on Agency property, such service animals will be permitted to the extent required or permitted by law. For any requests to have non-service animals on campus, the Superintendent shall develop administrative regulations for the review and approval of such requests.
The Superintendent appoints the Deputy Superintendent for Administrative Services to serve as the agency’s Compliance Officer for all complaints raised pursuant to the ADA. The Superintendent will develop a complaint procedure for the processing and early disposition of alleged violations of the policy.
7003 - Web Accessibility
General: Wayne RESA is committed to ensuring accessibility of its website for members of the public. All pages on Wayne RESA’s website will conform to the W3C WAI’s Web Content Accessibility Guidelines (WCAG) 2.0, Level AA conformance, or updated equivalents of those guidelines. Wayne RESA will continue to test future releases/updates of its web site and remains committed to maintaining its compliance and serving the widest possible audience. To this end, Wayne RESA will perform periodic accessibility audits of its web site.
Report of Accessibility Issues: If any individual has difficulty accessing the information on any page of Wayne RESA’s web site, they are encouraged to contact Wayne RESA’s Web Accessibility Coordinator and advise accordingly. Upon notification, Wayne RESA will provide the requested information in an alternate format and, as soon as reasonably practical, make the necessary improvements to make the information accessible online.
Discrimination Complaint: Consistent with established Wayne RESA procedures, members of the public may present a formal complaint regarding a violation of the Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) related to the accessibility of Wayne RESA’s web presence. Such complaints should be made to Wayne RESA’s 504/ADA Compliance Officer. If any such complaint is made to Wayne RESA’s Web Accessibility Coordinator, such complaint shall promptly be forwarded to the 504/ADA Compliance Officer for processing and response.
The following persons have been designated to handle inquiries regarding Wayne RESA’s web site accessibility and non-discrimination policies:
- WebAccess@resa.net
- Manager of Human Resources and Title IX Coordinator, Ms. Rena Corum, Corumr@resa.net
Wayne RESA Web Accessibility Coordinator will be performed by an individual in Wayne RESA’s IT Department. Such individual can be contacted at WebAccess@resa.net.
7004 - Bloodborne Pathogens
Wayne RESA follows universal precautions where there has been an exposure to blood or other potentially infectious materials. Universal precautions require that staff treat all human blood and certain human body fluids as though they were infectious.
The Superintendent will develop and implement an exposure control plan. This plan is to include in-service training for staff and provide opportunities for immunization at Wayne RESA expense.
7005 - Communicable Diseases
Wayne RESA will work cooperatively with the Wayne County Health Department to enforce and adhere to the Michigan Public Health Code with regard to the prevention, control, and containment of communicable diseases.
7006 - Copyrighted Works
Wayne RESA will fully respect the personal property rights of others, whether tangible or intangible, in accordance with the Copyright Act of 1976, as amended. The Superintendent will develop administrative regulations to implement this policy. The regulations will specifically inform staff and other members of the school community about the applicability of copyright protections and what may be permitted under the “fair use doctrine.”
7007 - Discrimination and Harassment
The Board of Education is committed to maintaining a learning/working environment in which all individuals are treated with dignity and respect, free from illegal discrimination and harassment. Wayne RESA does not discriminate and prohibits discrimination or harassment in any program or activity that it operates, including admission and employment, as required by Title IX and other applicable law, on the basis of race, color, national origin, religion, sex, marital status, pregnancy status, genetic information, disability, age, or any other basis prohibited by law. The Superintendent will develop administrative regulations to implement this policy. The Superintendent designates Ms. Rena Corum, the Human Resources Manager and Title IX Coordinator, to supervise the implementation of this policy and its regulations.
7008 - Social Security Numbers
Wayne RESA collects and maintains social security numbers of employees, students, and others in the ordinary course of business. As required by law, Wayne RESA will implement all appropriate measures to ensure the confidentiality of social security numbers. These measures include:
- Social security numbers will only be requested or obtained when required by law or otherwise essential for a Wayne RESA purpose.
- Access to documents or other forms of information containing the social security number of an employee, student or other person will be limited to those Wayne RESA employees whose specific job duties and responsibilities require such access.
- Documents containing a social security number that are no longer required for Wayne RESA purposes, and that are not legally required to be retained, may be disposed of by shredding or another process that ensures strict confidentiality.
- Any violation of this Policy will result in appropriate disciplinary action against the violator.
7009 - Digital Communications
Staff Digital communication (including social networking) that occurs on Wayne RESA premises or involves the use of Wayne RESA equipment is governed by the Acceptable Use Policy and this Policy. This Policy also applies to digital communication that occurs off Wayne RESA premises and/or using non-Wayne RESA equipment.
Digital communication (including social networking) provides educational and other opportunities for the members of school communities. The Board expects that staff who engage in digital communication will do so in a reasonable and appropriate manner. Specifically, digital communication should be professional and of the same content, tone and demeanor as in-school communication. Similarly, digital communication between staff and community members and other adults should be professional.
Content generated through Wayne RESA’s email and other electronic systems may be accessed through a formal request to the agency. Access may be limited, at the agency’s sole discretion, based on the agency's judgment on the circumstances surrounding the request.
Public Use The Agency’s social media, to the extent it is open to the public for use, collectively constitutes a limited public forum. All comments and postings on Agency social media are subject to monitoring and, where permitted, removal by the Agency.Public posts or comments on Agency social media must address Agency business and, where applicable, the particular Agency business under discussion. The Agency reserves the right to remove comments or postings by members of the public when the Agency determines that the content (including links to such content) falls under any of the following prohibited categories:
- Off-topic (e.g., a post unrelated to Agency business, a comment to a Agency-related post that is unrelated to the post, spam, content that is incoherent or contains a virus, etc.)
- Abusive (e.g., threatening, harassing, discriminatory against protected classes, personal attacks, etc.)
- Obscenity, vulgarity, profanity, or sexually explicit or pornographic
- Campaigning, whether in support of or opposition to political campaigns, candidates, or ballot measures
- Content that may compromise the safety or security of the Agency, its community, or members of the public
- Content that contains personal identifying information or sensitive personal information (e.g., doxing)
- Commercial information (e.g., solicitation, advertisement, product/service endorsement, etc.)
- Copyrighted, trademarked, or otherwise legally-protected content the posting of which violates another’s ownership interest
Users who repeatedly or egregiously violate the content-related guidelines in this policy may be banned from posting and/or commenting on the Agency’s social media (e.g., multiple off-topic posts or a single instance of posting a link to a pornographic video).
Note: The “Public Use” portion of this policy must be displayed to users or made available by hyperlink.
Personal Social Media Authorizations Wayne RESA does not authorize the use of personal social media to speak on Wayne RESA’s behalf. The Superintendent may designate social media accounts as Agency social media, which may be used for official Wayne RESA communications. The Superintendent may develop and implement administrative regulations to carry out this policy.