Board of Education Meetings (Archived)

With the adoption of the Board of Education Governance Manual on November 1, 2023, the Board of Education Governance Procedural Directives have been archived.

Types of Board of Education Meetings

Regular Meetings

The Board of Education may establish a schedule for board and committee meetings. The board shall hold regular meetings at least monthly.

Regular board meetings are the formal process where the board meets as a whole to conduct the business of the school district.

Regular meetings are held in accordance with the schedule agreed upon by the majority of the board as outlined in its annual Open Meetings Act Resolution.

All regular board meetings include a public forum segment that allows time-limited comments from the public on any matter relating to the school district. Please refer to the “Public Participation at Board of Education Meetings” procedural directive for additional information.

Standing committees may bring forth business to the full board with action taken either through a consent item, action from committee meetings, or special issues.

Special Meetings

Special meetings of the board may be called by the president or by written request of three members of the board submitted to the president.

Special meetings are held to consider one or more particular items of board business, a board retreat or training session.

Emergency Meetings and Meetings during Public Emergency Circumstances

Emergency meetings are those meetings necessitated by circumstances that require immediate action to protect the health, safety, and welfare of the students and employees of the district, to protect the property of the district or to avoid substantial financial loss to the district. Emergency meetings may be called by the president of the board or by a majority of the members of the board.

During emergencies, the Board of Education may be required to reduce, cancel and/or consolidate board and committee meetings. In emergencies, agenda items will be limited to those considered urgent or those requiring board action in order to conduct or continue district business. The Board of Education may grant permission to use digital signatures. Board members must consent to the use of digital signatures on an as needed basis. Digital signatures will suffice to make board documents final and official.

In extenuating circumstances such as a public health emergency, the board may proceed with a virtual meeting if the meeting cannot be cancelled and there are time-sensitive matters to address. If the board proceeds with a virtual meeting, these conditions will be met to the best of the board’s abilities:

The notice of meeting and meeting agenda contains information about how members of the public may attend and listen via telephone, live streaming or other similar technologies
At the start of the meeting, the chair should announce the names of those members of the public body participating remotely
All members of the public body participating remotely must identify themselves whenever they speak and must be clearly audible to the other members of the public body and to the public
Members of the public should be afforded remote access, via live stream or other similar technology, if possible, or call-in number for listening by phone
Chair should suspend discussion if the audio or video is interrupted
All votes of the public body must be by roll call vote
A recording of the open session of the meeting should be produced and maintained

The Board of Education will follow guidance issued by the Attorney General to comply with the Open Meetings Act during a state of emergency.

Executive Sessions

The Board of Education may meet in executive session in accordance with the New Mexico Open Meetings Act and the Open Meetings Act Resolution of the board.

Executive sessions may address an item of board business that is not open to public participation or observations per the Open Meetings Act such as:

licensing
limited personnel matters
administrative adjudicatory deliberations
personally identifiable student information
collective bargaining
threatened or pending litigation
real property and water rights

No official action is taken during an executive session. The board or standing committee must convene in a public session or a regular board meeting to take official action.

The board follows the procedures of the Open Meetings Act for closing an open meeting and for holding a closed meeting separately from an open meeting.

Committee Meetings

The chairperson of the committee may establish the day and time of committee meetings with collaboration from fellow board members and the appropriate administrative staff.

Standing committee meetings address board business by:

Working independently, but also in collaboration with other committees and the board
Ensuring advance notice of issues so there may be comprehensive discussion and deliberation about action to be taken at a regular board meeting
Providing a forum for detailed questioning and formative discussion of ideas that will be brought before the board
Standing committee meetings are held in accordance with the schedule agreed upon by the majority of the board as outlined in its annual Open Meetings Act Resolution

Please refer to the “Board of Education Committees” procedural directive for more information regarding committee meetings.

Issues for Consideration by the Board

The board has established the practice that issues will first be referred to the appropriate standing committee for consideration and discussion before they are considered for vote by the full board. The board may elect to expedite critical issues. Issues or questions may be raised any number of ways but must go through the Board of Education and the leadership team of the administration to be placed on the board agenda.

Issues that a board member or the superintendent want considered by the board are first assigned to the appropriate standing committee when possible. A draft proposal, report, or policy will be prepared by the appropriate district staff. The item will be scheduled for a committee meeting agenda in consultation with that committee chair, as a discussion/action item or discussion only. The agenda must be posted according to the requirements of the Open Meetings Act.

The Board of Education may also grant permission to use digital signatures for any meeting circumstances. Board members shall consent for use of digital signatures for each instance of use. Board documents will be considered official and final with digital signatures by both Board of Education members and district staff.

Meeting Notice and Agendas

Board meetings shall comply with the New Mexico Open Meetings Act (§10-15-1 NMSA 1978) and the Open Meetings Act Resolution of the board for notification to the public when a board meeting is taking place. The meeting schedules and agendas are posted in the Board of Education Services Office and on the APS web site, www.aps.edu.

Agenda Setting

The president and the superintendent, with review by the executive committee, shall prepare an agenda for each board meeting, incorporating business forwarded by the standing committees, identified by the president and/or superintendent, or by request of members of the board.

The board president, in collaboration with the executive committee and other board members, and the superintendent set the agendas for the Regular and Special Board of Education meetings. Any member of the board may request to have an item added to the agenda through committee meetings or by contacting the president. However, the board reserves the right to change or modify the agenda at the meeting within the rules of the Open Meetings Act. Except in an emergency, action may only be taken on items that have been officially posted for a thirty-six (36) hour period prior to the meeting. Business items are derived from emerging issues, actions associated with master calendar items, required board actions, and by written request of three board members.

Agenda Documents

Documents pertaining to agenda items are intended to be filed in the Board of Education Services Office at least ten (10) calendar days prior to the meeting. Such documents must include all related statements and materials necessary for board review and must be accessible through pdf remediation. For committee meetings these documents are compiled into a packet that is delivered to each board member and are sent digitally. The delivery is scheduled on the Friday preceding the upcoming week’s committee meetings. Regular and special board meeting documents are sent digitally unless there is a large amount of new material. A packet is sent if there is a large amount of new material.

Agenda Formats

Only those items on the agenda will be discussed and deliberated by the board at a meeting. The order of business may be as follows unless reordered by the board:

Regular meetings:

Call to order
Pledge of allegiance to the flag/moment of silence
Roll call
Adoption of agenda
Presentation and approval of minutes
Recognition
Public Forum
Superintendent’s Report
Special Issues
Consent Calendar
Board member comments
President’s report
Announcement of upcoming meetings
Adjournment

Special meetings:

Call to order
Roll call
Adoption of the agenda and approval of the minutes
Special Issues
Consent Calendar (only if required by deadlines)
Announcement of upcoming meetings
Adjournment

Executive sessions:

An executive session may be scheduled, as necessary, during either a regular or special meeting or committee meeting.

Consent Calendar Items

The agenda of each regular board meeting may contain a consent calendar.

Consent calendar items will be determined by committee chairs and administrative staff liaisons at the time agendas are prepared for the regular meetings of the board. Consent calendar items are acted upon as a group with one motion and second for all identified items. Items to be included on the consent calendar will be listed on the agenda in the normal manner. Any changes to support documents made at the standing committee relating to any consent calendar items will be included in the board’s digital agenda packet.

Before any action is taken on items listed on a consent agenda, the Board of Education shall allow a public comment period. Consent calendar items may be removed from consent status by any member of the board at the time of adoption of the agenda. The name of the member who objects to a consent agenda item and the reasons for the objection shall be included in the minutes of the meeting. When so removed, items are to be acted upon just as other agenda items under the Special Issues segment.

Rules of Order and Minutes

Rules of Order

Quorum

The act of a majority of a quorum present at any such meeting shall be deemed the act of the Board of Education. A quorum is the minimum number of board members who must be present at the meetings of a deliberative assembly for business to be legally transacted. The board uses the definition of quorum to be a majority of the elected members. At a Regular board meeting, a quorum would be established when four (4) members of the board are present either in person or by attending virtually.

A standing committee meeting quorum is established when four members of the board are present either in person or by telephone attendance.

Unintended or “Rolling” Quorum

When four or more board members gather for any reason, a quorum exists under the Open Meetings Act. Board members must be aware that no more than three (3) can gather at any time without creating a perception that business is being conducted, whether or not other people are present. The Board of Education Services Office also posts social functions such as community or school events where a quorum is likely to occur and notes that no business will be conducted.

Board members must abide by the law and must realize that any meeting of a quorum of the board can constitute a board meeting that must be legally announced.

Board members must take care when using digital communication tools that they do not create a rolling quorum.

Voting Procedures

Votes on all motions and resolutions shall be by a voice or roll-call vote and the vote of members shall be recorded. No secret ballots shall be used.

Each member of the board shall have one vote and a proposal shall pass by the affirmative vote of a majority of the members present at the meeting.

The board may allow a member to participate in the business of the board and cast a vote on board business using a device configured in a manner that conversations from all participants can be heard on both ends of the deliberations in accordance with the Open Meetings Act when it is otherwise difficult or impossible for the member to attend the meeting in person.

All board members may vote on any matter coming before the board unless a conflict of interest exists. No proxy voting shall be allowed at board meetings.

Minutes

Minutes shall be kept of all board meetings. The draft minutes of each board or committee meeting shall be prepared within ten (10) working days after the meeting. Minutes shall be distributed in accordance with the New Mexico Open Meetings Act. The board will take action at a subsequent meeting to amend and/or approve these minutes.

The minutes of the Board of Education shall include at a minimum:

the date, time and place of the meeting
the names of members in attendance and those absent
the substance of the proposals considered
a record of any decisions and votes taken that show how each member voted

All reports, resolutions, agreements and other written documents that require board action are on file as part of the permanent record.

A “draft” copy of the minutes should clearly indicate that they are “not official.” Minutes become official when approved by the board.

Minutes shall be permanently filed and kept in the Board of Education Services Office after approval by the board pursuant to NMAC 1.15.3.119. Minutes shall be kept for inspection by any citizen at any time the Board Services Office is open during regular business hours pursuant to the Open Meetings Act and are available on the APS website. The minutes shall not be removed from the Board Services Office.

Board of Education Member:

Policy Committee Chair

Department Director:

Board of Education Services Office Executive Director

References:

Legal Cross Ref.:

§22-5-4 NMSA 1978
Open Meetings Act, NMSA 1978, Sections 10-15-1 to 10-15-4

Board Policy Cross Ref.:

Procedural Directive Cross Ref.:

NSBA/NEPN Classification: BD

Introduced: November 11, 2015
Adopted: November 18, 2015
Reviewed: September 12, 2018
Revised: September 19, 2018
Reviewed: April 7, 2020
Revised: April 7, 2020
Reviewed: April 20, 2022
Revised: April 20, 2022

This page was last updated on: January 11, 2016.