Board Roles and Responsibilities

Transcription

1 Board Roles and Responsibilities

2 Presenter Chris Thomas, ASBA General Counsel/ Director of Legal & Policy Services

3 GOVERNING BOARDS Definition: instruments through which the residents of a school district exercise democratic control over the public schools in their community School districts are political subdivisions of the state, deriving their legitimacy from local control authority granted from the state

4 School District Governing Boards - Membership Registered voters; reside in district for at least one year prior to election Unpaid 4 year term of office - can be recalled; appointments for vacancies (must run for 4 year term at next election or special election if called) Over 1,000 board members in state 230 districts, most have 5 members No authority as individual

5 Governing Board Policy BBA The Board shall act as the general agent of the state of Arizona in carrying out the will of the people of this District in the matter of public education. The Board is authorized under the laws of the state of Arizona to adopt all needed policies and regulations for the organization, evaluation, and governance in the District.

6 Governing Board Policy BBA The Board performs the following basic functions necessary to the discharging of its responsibilities: legislative, executive, and appraisal. The legislative function is the policy-making aspect of the school system. It is the policy of the Board to retain and exercise full legislative authority and control over the schools by adopting general policies or by acting directly in matters not covered by its policies. The executive function of the Board is concerned with placing in operation existing Board policy. Most of this function is delegated by the Board to its executive and administrative officer, the Superintendent. The appraisal function involves the determination of the efficiency of the school operation and an evaluation of the educational program of the District based on the policies as outlined in the policy manual.

7 Governing Board Policy BBA The duties and obligations of an individual Board member include the following: To become familiar with the state's school laws, regulations of the State Department of Education, and District policies, rules, and regulations. To have a general knowledge of the educational aims and objectives of the system. To work harmoniously with other Board members without neglecting a proper share of the work or trying to dominate the Board. To vote and act in Board meetings impartially for the good of the District. To accept the will of the majority vote in all cases, and give wholehearted support to the resulting policy.

8 Governing Board Policy BBA The duties and obligations of an individual Board member include the following: To accept the responsibility for confidentiality in appropriate matters, especially those dealing with personnel and the divulging of privileged information that could cost the District money, support, or public confidence. To represent the Board and the District to the public in a manner that promotes both interest and support. To refer complaints to the proper school authorities and to refrain from individual counsel and action. To perform other appropriate duties that may arise.

9 Governing Board Policy BBAA Board Member Authority and Responsibilities All powers of the Board lie in its action as a public body. A "meeting" is defined as the gathering, in person or through technological devices, of a quorum of members of a public body to discuss, propose or take legal action, including any deliberations with respect to such action that has been properly noticed, pursuant to Arizona Revised Statutes. Individual Board members exercise authority over District affairs only by way of votes taken at a legal meeting of the Board. An individual Board member has authority only when and to the extent that the Board, by vote, has so delegated such authority.

10 Arizona Attorney General (AGO I81-054) The law does not contemplate that the members of a board of education shall supervise the professional work of teachers, principals and superintendents. They are not teachers, and ordinarily, not qualified to be such. Generally they do not possess qualifications to pass upon methods of instruction and discipline. The law clearly contemplates that professionally trained teachers, principals and superintendents shall have exclusive control of these matters. Further, a member of the board individually has no authority of any kind in connection with the schools... The board of education can only act as a board, and when the board is not in session the members, severally or jointly, have no more authority to interfere with schools or school matters than any other citizen...

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12 Roles and Duties Board members Both Superintendent Govern and oversee Vision statement and goals Performance goals Financial procedures and records Advocate for achievement of students Educational leadership District-wide policies Support professional staff development Administrative responsibility & leadership Hire & fire employees Manage day-today operations Administer & prepare the budget

13 Arizona Legal Framework D. No employee of a school district or the spouse of such employee may hold membership on a governing board by which such employee is employed. AGO I (A) school district governing board member may not serve as a volunteer teacher in the member's own district, regardless of lack of remuneration on the ground of the common law doctrine of incompatibility of public offices. Contrast with volunteering as parent where spouse was board member (R07-001) Arizona School Boards Association

14 Other Board Policies on Board Roles & Responsibilities BCA Board Ethical Standards BCB Board Conflict of Interest BEDBA Board Agenda Setting Process GBK Employee Grievance Procedures KE/KEB/KEC/KED Public Concerns and Complaints

15 Title 15: Arizona s Education Code Because governing boards are political subdivisions of the state, they only have powers that are granted to them by statute - expressed or implied Two Main Statutes for Governing Board Responsibilities: and mandatory: a list of things governing boards MUST do permissive: a list of things governing boards CAN do

16 15-341: Governing Board Requirements (List of 42) Prescribe and enforce policies Provide a district budget Maintain the schools Manage and control school property Acquire school equipment, library books or supplies Prescribe curricula and criteria for promotion and graduation Purchase school sites Hold pupils to strict account for disorderly conduct Prescribe and enforce policies for discipline of teachers, admin.

17 15-342: Permissive Governing Board Authorities (List of 36) Expel pupils Enter into leases Review the decision of a teacher to promote a pupil to a grade or retain a pupil in a grade Enter into intergovernmental agreements/contracts Suspend a teacher or administrator w/o pay for up to 10 days Require students to wear uniforms Receive reimbursement from the district for travel/ board training

18 Most Duties in and are Delegable!! While governing board has oversight function, day to day operations of the district and the requirements of statute are taken care of by district personnel ONLY DUTIES THAT ARE CLEARLY NOT DELEGABLE ARE DUTIES OF HIRING AND FIRING PERSONNEL, PASSING A BUDGET AND EVALUATING THE SUPERINTENDENT

19 Liability of Governing Board Members (15-381) Ultimately liable for almost all school district actions indemnified by district insurance coverage Governing board members immune from PERSONAL liability for acts taken (1) in the scope of board member authority AND (2) if that authority is acted upon in good faith AND (3) during duly constituted regular and special meetings

20 Three Areas of Potential Personal Liability 1. Open Meeting Law Violations ( ): $500 maximum fine per violation No reimbursement for attorney costs, including no reimbursement of plaintiff s costs Possible removal from office

21 Three Areas of Potential Personal Liability 2. Conflicts of Interest ( et. seq.) Any public officer who has, or whose relative has, a substantial interest in any decision of a public agency shall make known such interest in the official records of such public agency and shall refrain from participating in any manner as an officer in such decision. Relative = spouse, child, child's child, parent, grandparent, brother or sister of the whole or half blood and their spouses and the parent, brother, sister or child of a spouse Substantial interest = any pecuniary or proprietary interest, either direct or indirect, other than a remote interest Remote interest includes

22 Three Areas of Potential Personal Liability 2. Conflict of Interest (continued): "Remote interest" means : (e) The ownership of less than three per cent of the shares of a corporation for profit, provided the total annual income from (ownership) do not exceed five per cent of his total annual income. (f) Reimbursements for actual and necessary expenses incurred in the performance of official duty. (g) That of a recipient of public services generally (h) That of a public school board member when the relative involved is not a dependent or a spouse. (i) a direct economic benefit or detriment upon the officer, class of persons consisting of at least ten members (and is no greater than the interest of the other members of that class)

23 Three Areas of Potential Personal Liability 3. Using School Resources to Influence the Outcome of an Election (15-511) Pertains to all elections, including overrides and bonds Attorney General Guidelines on Do s and Don ts $5000 fine per violation

24 ADDITIONAL QUESTIONS?