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Kings Canyon SD |  BP  2210  Administration

Administrative Discretion Regarding Board Policy   

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Through the adoption of written policies, the Governing Board conveys its expectations for actions that will be taken in the district, clarifies roles and responsibilities of the Board and Superintendent, and communicates Board philosophy and direction. However, the Board recognizes that, at times, situations may arise in the operation of district schools or in the implementation of district programs that are not addressed in Board policy or administrative regulation. When resolution of such a situation necessitates immediate action, the Superintendent or designee shall have the authority to act on behalf of the district.

(cf. 2110 - Superintendent Responsibilities and Duties)

(cf. 9000 - Role of the Board)

(cf. 9310 - Board Policies)

If the situation or its resolution may affect the safety or security of students or staff members, involve a significant impact on student learning, or create a distraction within the school community, the Superintendent or designee shall notify the Board as soon as practicable after its occurrence. The Board president and the Superintendent shall schedule a review of the action at the next regular Board meeting. If the action indicates the need for additions or revisions to Board policies, the Superintendent or designee shall make the necessary recommendations to the Board.

(cf. 0450 - Comprehensive Safety Plan)

(cf. 3516.5 - Emergency Schedules)

(cf. 9322 - Agenda/Meeting Materials)

Tier 3 Categorical Flexibility

The Board has determined that it is in the best interest of the district to utilize the categorical program flexibility authorized by Education Code 42605. In implementing the flexibility, the Superintendent, in accordance with Education Code 42605, may suspend any program or funding requirement reflected in any Board policy, administrative regulation, or other document designed for the operation of any Tier 3 categorical program to the extent that such suspension does not affect the terms of any existing district contract or bargaining agreement. As necessary, the Superintendent or designee shall consult with other district staff, including the legal counsel and/or the chief business official, regarding the district's exercise of this flexibility.

The Superintendent or designee shall regularly report to the Board regarding how the district is exercising the flexibility and whether the desired results are being achieved.

(cf. 0420 - School Plans/Site Councils)

(cf. 0420.1 - School-Based Program Coordination)

(cf. 1220 - Citizen Advisory Committees)

(cf. 1312.4 - Williams Uniform Complaint Procedures)

(cf. 3110 - Transfer of Funds)

(cf. 3111 - Deferred Maintenance Funds)

(cf. 4111 - Recruitment and Selection)

(cf. 4112.2 - Certification)

(cf. 4112.21 - Interns)

(cf. 4113 - Assignment)

(cf. 4117.14/4317.14 - Postretirement Employment)

(cf. 4131 - Staff Development)

(cf. 4131.1 - Beginning Teacher Support/Induction)

(cf. 4138 - Mentor Teachers)

(cf. 4139 - Peer Assistance and Review)

(cf. 4231 - Staff Development)

(cf. 4331 - Staff Development)

(cf. 5123 - Promotion/Acceleration/Retention)

(cf. 5136 - Gangs)

(cf. 5141.32 - Health Screening for School Entry)

(cf. 5145.6 - Parental Notifications)

(cf. 5146 - Married/Pregnant/Parenting Students)

(cf. 5147 - Dropout Prevention)

(cf. 5148.1 - Child Care Services for Parenting Students)

(cf. 5149 - At-Risk Students)

(cf. 6141.5 - Advanced Placement)

(cf. 6142.6 - Visual and Performing Arts Education)

(cf. 6142.91 - Reading/Language Arts Instruction)

(cf. 6142.94 - History-Social Science Instruction)

(cf. 6146.1 - High School Graduation Requirements)

(cf. 6151 - Class Size)

(cf. 6161.1 - Selection and Evaluation of Instructional Materials)

(cf. 6162.52 - High School Exit Examination)

(cf. 6163.1 - Library Media Centers)

(cf. 6164.2 - Guidance/Counseling Services)

(cf. 6172 - Gifted and Talented Student Program)

(cf. 6176 - Weekend/Saturday Classes)

(cf. 6177 - Summer School)

(cf. 6178 - Career Technical Education)

(cf. 6178.2 - Regional Occupational Center/Program)

(cf. 6179 - Supplemental Instruction)

(cf. 6184 - Continuation Education)

(cf. 6185 - Community Day School)

(cf. 6200 - Adult Education)

(cf. 7214 - General Obligation Bonds)

(cf. 9323.2 - Actions by the Board)

Legal Reference:


35010 Control of district, prescription and enforcement of rules

35035 Powers and duties of superintendent

35160 Authority of governing boards

35160.5 Annual review of school district policies

35163 Official actions, minutes and journal

42605 Tier 3 categorical flexibility

Management Resources:


Policy Implications of Categorical Program Flexibility, Policy Advisory, November 2009

Flexibility Provisions in the 2008 and 2009 State Budget: Policy Considerations for Governance Teams, Budget Advisory, March 2009


Fiscal Issues Relating to Budget Reductions and Flexibility Provisions, April 2009



California Department of Education:


adopted: January 24, 2012 Reedley, California