Article II

POWERS AND DUTIES

Section 1: General Purposes

The Collaborative is established in statute to advise and assist school districts, county superintendents, and charter schools in achieving the goals set forth in their Local Control and Accountability Plans adopted under the provisions of the Local Control Funding Formula legislation. The Collaborative shall achieve this purpose by facilitating continuous improvement for local educational agencies within California’s system of public school support. The Governing Board shall select, and direct the Administrative Agent provided for in Section 2 below to hire, the Executive Director of the California Collaborative for Educational Excellence, and shall provide policy and program direction.

Section 2: Administrative Agent

The governing statute requires the California Department of Education (“Department” or “CDE”), in consultation with executive director of the State Board of Education and with the approval of the Department of Finance (“DOF”), to contract with a local educational agency, or consortium of such agencies, to serve as the Administrative Agent (“Administrative Agent”) for the Collaborative. The Superintendent of Public Instruction (“SPI”) is required to apportion funds appropriated for the Collaborative to the Administrative Agent. The Administrative Agent is to operate all aspects of the Collaborative in accordance with the terms of its contract or contracts with the State of California, including the Department, applicable statutes, and the policy and program direction of the Governing Board of the Collaborative.

Section 3: Contracting for Expertise

Pursuant to the policy and program direction the Collaborative’s Governing Board, the Administrative Agent is required to contract with individuals, local educational agencies, or organizations with expertise, experience and record of success to carry out the purposes of the Local Control Funding Formula legislation concerning Local Control and Accountability Plans. The areas of expertise, experience, and record of success must include, but are not limited to: (1) the State priorities identified in Education Code section 52060, subdivision (d); (2) improving the quality of teaching; (3) improving the quality of school district and school site leadership; and (4) successfully addressing the needs of special pupil populations, including but not limited to English learners, pupils eligible for free or reduced- price meals, pupils in foster care, and individuals with exceptional needs.

ARTICLE III

MEMBERS

Section 1: Appointment

The Collaborative is governed by a Governing Board consisting of five (5) members, as specified in Education Code section 52074, subdivision (b), and set forth below: 

The Superintendent of Public Instruction (“SPI”), or his or her designee; the President of the State Board of Education, or his or her designee; a county superintendent of schools appointed by the Senate Committee on Rules; a Teacher, appointed by the Speaker of the Assembly; and, a superintendent of a school district, appointed by the Governor.

Section 2: Compensation and Expenses

Members of the Governing Board shall serve without compensation, but shall be allowed actual and necessary travel, lodging and meals while on official business of the Collaborative, to be reimbursed at the rates established by the California Department of Personnel Administration regulations.

Section 3: Conflict of Interest Code

The Governing Board of the Collaborative shall adopt a Conflict of Interest Code in accordance with the Political Reform Act (“PRA”) and members of the Governing Board shall file statements of economic interest as required by the Fair Political Practices Commission (“FPPC”) and the Code.

Section 4: Alternates

Each council member shall designate an alternate to represent them should they be unable to participate. Alternates should be selected from within the same region and/or county and hold the title of superintendent for the organization. The one exception is for the alternate to the Los Angeles County Superintendent of Education (LACOE) as this is a single county region and therefore the Superintendent may select an alternate that serves in the superintendency for LACOE.

ARTICLE IV

OFFICERS AND DUTIES

Section 1: Governing Board Officers

Officers of the Governing Board shall be a Chair and Vice-Chair. No member may simultaneously serve as both Chair and Vice-Chair.

Section 2: Election of Officers

The Chair and Vice-Chair shall be elected annually in accordance with the procedures set forth in this section. 

At the first regular meeting of each calendar year, the Governing Board Chair shall ask members to nominate individuals for the office of Chair. If the Chair is nominated, the

Chair shall pass the gavel to the Vice Chair to preside over the election. Thereafter, the Chair (or Vice-Chair) shall ask for a second to the nomination. No member may nominate or second a nomination for himself/herself. After all nominations are accepted, the Chair (or Vice-Chair) shall take a roll call vote. Three votes are necessary to elect the Chair. At the same meeting, the newly elected Governing Board Chair shall ask members to nominate individuals for the office of Vice-Chair. Any nomination for office must be seconded. No member may nominate or second the nomination for himself/herself for either office. After all nominations are accepted, the Chair shall take a roll call vote. Three votes are necessary to elect the Vice-Chair. 

Each officer shall serve for one year or until his or her successor is elected. 

If, in the Governing Board’s judgment, no nominee for the office of Chair or Vice-Chair can garner sufficient votes for elections to the office at the first meeting, a motion to put the election over to the next meeting is in order. 

Newly elected officers shall assume office immediately upon election. 

In the event a vacancy occurs in the office of Chair or Vice-Chair during the calendar year, an election shall be held at the next meeting. A member interested in completing the term of the office that has become vacant may nominate himself or herself, but any nomination requires a second. 

Section 3: Duties of the Chair

The Chair shall:

• Serve as spokesperson for the Governing Board 
• Represent the Governing Board, or appoint a Board member designee, to attend such meetings or conferences, and to serve on such committees or councils, when, in the judgment of the Chair, such representation or service is necessary to fulfill the purposes of the Collaborative 
• Keep abreast of local, state, and national issues regarding public education and impacting the work of the Collaborative, and report to the Governing Board on such issues 
• Preside at all meetings of the Governing Board 
• Appoint members to serve on committees established by the Governing Board, as prescribed in these Bylaws 
• Provide direction to any individual selected to serve as the Executive Director of the Collaborative 
• In consultation with the Administrative Agent, Executive Director, and other members of the Governing Board as permitted by law, direct the preparation of agendas for meetings of the Governing Board 
• Act as designated by the Governing Board as necessary between meetings of the Governing Board

Section 4: Duties of the Vice Chair

The Vice Chair shall:

•  Preside at meetings of the Governing Board in the absence of the Chair
• Represent the Governing Board at functions designated by the Chair
• Fulfill all duties of the Chair when the Chair is unable to serve

ARTICLE V

COMMITTEES AND REPRESENTATIVES

Section 1: Ad Hoc Committees

From time-to-time, the Chair may appoint ad hoc committees for such purposes as he or she deems necessary. Ad hoc committees shall remain in existence until abolished by the Chair.

Section 2: Representatives

From time to time the Chair may assign Governing Board members responsibility of representing the Collaborative in meetings, presentations, committees, councils and such in connection with matters relating to the responsibilities of the Collaborative.

ARTICLE VI

MEETINGS

Section 1: Open Meetings

All meetings of the Governing Board, except closed sessions as permitted by law, and all meetings of Governing Board committees, to the extent required by law, shall be open and public. 

All meetings shall conform to the Bagley-Keene Open Meeting Act (Government Code section 11120 et seq.), including requirements for notices of meetings, preparation and distribution of agendas and written materials, inspection of public records, closed sessions and special meetings, maintenance of records, and disruption of a public meeting. Those provisions of law which govern the conduct of meetings of the Board are hereby incorporated by reference into these Bylaws. 

Unless otherwise provided by law, meetings of any advisory body, committee, or subcommittee thereof, created by statute or the formal action of the Governing Board, which is required to advise or report or recommend to the Governing Board, shall be open to the public, and shall conform to the Bagley-Keene Open Meeting Act as required by law. 

Section 2: Regular Meetings

Regular meetings of the Governing Board shall be held at least four times during each calendar year and shall be prospectively established by the Governing Board at the final Board meeting in any given calendar year, or as soon thereafter as is practicable. 

However, the Governing Board may deviate from this pattern to accommodate state holidays, special events, and other extenuating circumstances, provided that such meetings are noticed and held in conformity with the Bagley-Keene Open Meeting Act. Other regularly noticed meetings may be called by the Chair for any stated purpose allowed by law.

Section 3: Notice of Meetings

Notice of each regular meeting shall be posted on the website for the Collaborative at least 10 days prior to the time of the meeting and shall include the time, date, and place of the meeting and a copy of the meeting agenda which complies with the requirements of the Bagley-Keene Open Meeting Act. 

Notice of any meeting of the Governing Board shall be given to any person so requesting. Upon written request, individuals and organizations wishing to receive notice of meetings of the Board will be included on the electronic mailing list for notice of regular meetings.

Section 4: Special Meetings

Special meetings may be called to consider those purposes specified in law if compliance with the 10-day notice would impose a substantial hardship on the Board or if immediate action is required to protect the public interest. Such special meetings may be called by the Chair. 

Notice of a special meeting shall be provided in accordance with law.

Section 5: Emergency Meetings

Emergency meetings of the Governing Board may be called by the Chair without providing the notice otherwise required in the case of a situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities and which is properly the subject of an emergency meeting in accordance with law. 

The existence of an emergency situation shall be determined by concurrence of three of the members of the Board during a meeting prior to an emergency meeting, or at the beginning of an emergency meeting, in accordance with law. 

Notice of an emergency meeting shall be provided in accordance with law.

Section 6: Closed Meetings

Closed meetings shall be held only as authorized by and in accordance with law.

Section 7: Quorum

A quorum consists of three members of the Governing Board. The concurrence of a majority of the members of the Governing Board at a meeting in which there is quorum present is necessary to the validity of any of the actions of the Governing Board.

Section 8: Order of Business

The order of business for all regular meetings of the Governing Board shall generally be:

• Call to Order 
• Salute to the Flag 
• Communications
• Announcements 
• Report of the Administrative Agent 
• Special Presentations 
• Agenda Items 
• Adjournment

Section 9: Consent Calendar

Non-controversial matters may be presented to the Governing Board on a consent calendar. 

Items may be removed from the consent calendar on the request of an individual Governing Board member and placed on the regular agenda for discussion and action.

Section 10: Attendance at Meetings

The Administrative Agent’s designated staff shall attend meetings of the Governing Board. 

ARTICLE VII

PUBLIC RECORDS

Public records of the Collaborative shall be available for inspection and duplication in accordance with law, including the collection of any authorized fees for research and duplication.

ARTICLE VIII

PARLIAMENTARY AUTHORITY

Section 1: Rules of Order

Debate and proceedings of the Governing Board shall be conducted in accordance with Robert’s Rules of Order (Newly Revised) when not in conflict with the Governing Board’s Bylaws or other statutory requirements.

Section 2: Comment and Discussion

Members of the public, and staff of the Collaborative and Administrative Agent may be recognized by the Chair of the Governing Board as appropriate, to speak at any meeting. All remarks shall be addressed to the Chair. In order to maintain appropriate order in the meeting, the Chair shall determine the person having the floor at any given time and, if discussion is in progress or is to commence, who may participate in the discussion.

Section 3: Questions Directed to Governing Board and Speakers

Public speakers shall not directly question members of the Governing Board or staff of the Collaborative or Administrative Agent without permission of the Chair or other presiding individual, nor shall Governing Board Members or such staff directly question speakers without permission of the Chair or other presiding individual.

Section 4: Speaker Remarks

All speakers shall confine their remarks to the pending matter as recognized by the Chair. Individual speakers shall be allowed two minutes to address the Governing Board on each agenda and each non-agenda item, unless another time is specified by the Chair.

ARTICLE IX

AMENDMENT OF THE BYLAWS

These Bylaws may be amended at any regular meeting of the Governing Board, provided the amendment has been submitted in writing to the Governing Board and members of the public with the meeting notice. 

Adopted February 25, 2015

Revised and Adopted June 6, 2019