Roles. and. Responsibilities

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1 Roles and Responsibilities Summer Board July 2012

2 Roles and Responsibilities Summer Board July 2012 Contents Presentation Slides Legal Requirements Memo District Climate Questions Sample Board and Superintendent Working Agreement Board Protocol Worksheet Leadership Institute Assurance Form What Every New Board Member Needs to Know Suggested Reading

3 Who Does What? Roles and Responsibilities Summer Board 2012 Presented By Steve Lamb Board Development and Policy Services Specialist OREGON SCHOOL BOARDS ASSOCIATION Principles of Governance 5 KEY Roles Governance Scenarios Why Citizens? Local control Accountability Community vision Community engagement Court of Appeals 1

4 Who Does What? The Board Superintendent Vision & Goals Policies Budget Approves contracts Monitors progress Advocacy Decides what The Superintendent Staff Action plans Regulations Expenditures Employee relations Reports progress Advocacy Decides how = End results (Ends) = Methods (Means) Staff: Make the campus safe Board: Is it safe enough? 2

5 Roles Defined State Statutes School Board Policy Supt Contract Job Description Institutional History Operating Agreements How many school board members does it take to screw in a light bulb? Iowa Lighthouse Study Do boards in high performing districts operate differently from boards in low performing districts? 3

6 Iowa Lighthouse Study If boards in low performing districts change their practices, will this impact student learning? Academic Gains Reading & Math Iowa Lighthouse Study Set Expectations 4

7 Accepting Belief With the kind of students we have, we are going to have low achievement scores. Accepting Belief You can t overlook the need for parents to send better kids to our schools. 5

8 Elevating Belief This is a place for all kids to excel. No one is left out. Elevating Belief We have not reached the limits of any of the kids in our system. What percentage of your district s students are currently succeeding at their grade level? 6

9 What percentage of your district s students should we expect to succeed at their grade level? Beliefs Vision Goals Goals Study of 23,000 employees: 37% - clear understanding 20% - how tasks = goals 20% - enthusiastic 7

10 Iowa Lighthouse Study Build Collective Will Does Climate Matter? Outgrew 6:1 And 20X net income/employee Does Climate Matter? Key findings: Higher climate = higher test scores Higher climate = higher graduation rates 8

11 What is the difference? Unified v. Uniform Board District Climate How well are we working together? search self-evaluation evaluation 9

12 Iowa Lighthouse Study Create Conditions for Success Iowa Lighthouse Study Hold System Accountable What gets measured Gets Done 10

13 Iowa Lighthouse Study Learn Together as a Team Scenario The board hires all licensed personnel Sample Policy BBA The Board will employ the staff necessary to carry out the educational program and will provide for regular evaluation of staff. 11

14 Out of Bounds Was this good board member practice? Do you have a policy on this? Sample Policy BBF A Board member should understand that the Board sets the standards for the district through Board policy. Board members do not manage the district on a day-to-day basis In-District Workshop Scenarios Discussion Meetings Community Engagement 12

15 Iowa Lighthouse Study 5 Key Roles 1. Set Expectations 2. Build collective will 3. Create conditions for success 4. Hold system accountable 5. Learn together as a team What you do/how you do it Matters Goal setting See the big picture How many to screw in a light bulb? Do we have a policy on this? Court of Appeals role Homework Protocols Goal setting Board self-evaluation evaluation 13

16 Steve Lamb

17 MEMORANDUM TO: Board Development Department FROM: Legal Department SUBJ: Legally Required Board Actions DATE: May 20, 2009 Please find below a list of the affirmative duties Boards must take as required by statute. While an effort has been made to make this list as comprehensive as possible, the District should rely on its legal counsel and Board policies to ensure all legal requirements are being met. This is only general guidance. GENERAL DUTIES of BOARD 1. Any duty imposed upon the district school board as a body must be performed at a regular or special meeting and must be made a matter of record. ORS Each district school board shall establish rules for the government of the schools and pupils consistent with the rules of the State Board of Education. ORS The school board is responsible for educating children residing in the district. ORS The school board is responsible for ensuring the use of state blanks, registers, and other forms required by the state. ORS (1)(a). 5. The school board is responsible to perform duties which the district demands. ORS (1)(b). GENERAL POWERS of BOARD 1. The school board is authorized to transact all business coming within the jurisdiction of the district, as well as to sue and be sued. ORS The school board must approve all contracts of the school district before an order can be drawn for payment. ORS (2). 3. The school board may authorize its superintendent to enter into contracts made pursuant to ORS ORS (3). 4. A school board may not authorize its superintendent to enter into collective bargaining agreements or service contracts performed by employees of the district. ORS (3). BOARD ORGANIZATION AND MEETINGS 1. If the current chairperson s or vice-chairperson s term is due this year, then the board must elect a chairperson and vice chairperson no later than the first regular meeting after July 1st. ORS ; July. 2. The board must provide for the time and place of its regular meetings ; July. P.O. Box 1068, Salem, OR Court St., NE, Salem, OR (503) OSBA FAX (503 )

18 2 3. Regular and special meetings may be convened by order of the chairperson, the request of three board members at least 24 hours before the meeting, or by common consent of the board members. ORS Regular and special meetings may be convened upon notice specified by ORS The affirmative vote of a majority of boardmembers is required to transact any business, but a less number may meet. ORS MEETINGS 1. The Oregon form of government requires an informed public aware of the deliberations and decisions of governing bodies and the information upon which such decisions were made. It is the intent of ORS to that decisions of governing bodies be arrived at openly. ORS The school board must hold meetings within the geographic boundaries of the school district. ORS (4). 3. Training sessions may be held outside the boundary so long as no deliberations toward a decision are involved. ORS (4). 4. The school board must meet in a place accessible to persons with disabilities. ORS (5)(a). 5. The school board must make a good faith effort to accommodate a person who is deaf or hard of hearing upon request greater than 48 hours. ORS (5)(a,b). TRANSPORTATION 1. The school board must provide transportation for pupils to and from school-related activities where required by law or when considered advisable by the board. ORS The school board must provide transportation, as well as equal rights, benefits and privileges, for children attending private or parochial schools when the private or parochial school is along or near the route designated by the board. ORS TEXTBOOKS 1. The district school board shall involve parents and citizens in the process of adopting and approving textbooks and instructional materials. See also OAR ; ORS (1). DISTRICT PROPERTY 1. The school board must furnish the schools with supplies, equipment, apparatus and services essential to meeting the requirements of a standard school. ORS

19 3 2. The school board must make rules governing the use of school property for civic and recreational purposes. ORS (5). 3. If a school district anticipates a construction project to cost greater than $1 million dollars, the district must submit the question of bonded indebtedness to the electors of the school district. ORS Prior to receiving approval from the electors of the school district for bonded indebtedness greater than $1 million, the district must evaluate the need for safety improvements within one mile of an elementary school or 1.5 miles of a secondary school where the large construction project is to be completed. ORS CLASSES ON HUMAN SEXUALITY 1. Each school district shall give parents, guardians and district residents an opportunity to examine the instructional materials to be used in any class on human sexuality. The district must inform parents that no pupil is required to participate in any instruction on human sexuality so long as the pupil s parent, after having reviewed the materials, submits written objection to the school district. ORS The board shall cause the parents or guardians of minor students to be notified in advance that the course on sexually transmitted diseases is to be taught. BUDGET - BOARD 1. The school board shall establish a budget committee. It shall consist of the members of the school board and an equal number of electors of the school district appointed by the school board. ORS (1),(2); see KEY DATES AND ACTIVITIES CALENDAR, Page 23 (September). 2. The school district must prepare estimates of expenditures for the ensuing year or ensuing budget period in accordance with rules prescribed by the State Board of Education. ORS (1). 3. Each municipal corporation shall prepare a financial summary, including estimates of budget resources and expenditures and a statement of indebtedness. ORS The budget committee must hold at least one meeting to provide members of the public an opportunity to ask questions about and comment upon the budget document. ORS (1)(b). GIFTS 1. For purposes of establishing scholarship or loan funds for post-high school education of students of the district, the school board must establish rules for eligibility, awarding the funds, and conditions of the award. ORS

20 4 TAKING OFFICE; VACANCY 1. Directors must qualify by taking an oath of office before assuming the duties of office. ORS The school board must declare the office of a director vacant upon death, resignation, or removal of, or failure to discharge duties by a director. ORS (1). 3. The ESD board shall declare the office of director vacant upon death or removal of, resignation by or failure to discharge duties by a director. ORS (1). NOTE: See Board Vacancies in KEY DATES AND ACTIVITIES CALENDAR page 37 (October). SPECIAL EDUCATION 1. The school board shall submit an annual projected activities and cost statement to the Superintendent of Public Instruction for special education programs, if the district serves school-age children who require special education. ORS The school board shall provide special education consistent with the projected activities and cost statement. ORS INSURANCE 1. Transfers to or from the insurance reserve fund shall be included in the district budget prepared and published in accordance with ORS to ORS PERSONNEL 1. The school board must maintain written personnel policies. Copies of the policies must be available for inspection by any school employee or member of the public. One copy must be placed in the library and another copy must be in the business office of every school in the district. ORS The school board must require the district school clerk to be bonded in an amount reasonably necessary to protect the district against loss. ORS (2). 3. Bonds must be justified by a surety company authorized to do business in Oregon, and bonds are to be paid in the same manner as other expenses of the district are paid. ORS (3). 4. The school district must give written notice of reasonable assurance of continued employment by May 30 to all classified school employees, who are to perform services in the same or similar capacity in the following academic year. ORS (1); May. SELF-EVALUATIONS

21 5 1. Each district must conduct self-evaluations, involving the public in the setting of local goals. The setting of goals must include a communications process that involves parents, students, teachers, school employees and community representatives. OAR ATTENDANCE; ADMISSION; DISCIPLINE; SAFETY 1. The school board shall admit free of charge all persons between the ages of 5 and 19 who reside within the school district, except as provided in ORS ORS A school district shall adopt and attempt to distribute written rules regarding pupil conduct, discipline, rights, and procedures, which must minimally comply with standards adopted by the State Board of Education. ORS ; July/August. 3. A school district shall enforce its written rules regarding pupils on a consistent and fair basis. ORS The school board shall adopt written policies regarding a school employee s or volunteers permissible use of physical force upon a student and shall inform such individuals of the existence and content of these policies. ORS The school board shall develop policies on managing students who threaten harm in public schools. The policies shall include staff reporting methods and shall require specific factors for the administrator to consider. ORS (4)(b). 6. The school board must adopt policies about how the school district shall withhold the grade reports and records of any student who owes more than $50. The board shall adopt policies on how it will collect this debt. The school district must notify students about these policies at least once each school year. ORS The school board must adopt policies prohibiting harassment, intimidation or bullying and prohibiting cyberbullying. ORS A school board must adopt policies on the reporting of child abuse. ORS A school board must adopt policies that provide for self-administration of medication by kindergarten through grade 12 students with asthma or severe allergies. ORS The school board shall procure and cause a U.S. flag and an Oregon State Flag to be displayed upon or near each public school building during school hours. The board must also provide students the opportunity to salute the flag once a week. ORS The district school boards must adopt policies and procedures for notification to students and guardians of the availability of alternative education programs. OAR Prior to February 15, each school district must notify all high school student s and the guardians of the Expanded Options Program. STUDENT TRAVEL SERVICES

22 6 1. The school district must adopt policies governing the solicitation of travel services to K-12 students, including the solicitation and sale of travel services to students at activities under the jurisdiction of the school district or activities approved by the State Board of Education under ORS ORS BONDS 1. The school board must call special elections on one of the dates specified in ORS for the district electors to vote on contracting bonded indebtedness under ORS 205 when a majority of the board calls for an election or when petition requesting as much is filed. ORS The school board must annually file a copy of the school district budget and tax levy when the school district has an outstanding bond issue. ORS A school district must submit the question of bonded indebtedness to the electors of the school district for large construction projects. ORS ; See also ORS SUPERINTENDENT HIRING 1. The school board may not hold an executive session to consider the employment of the Superintendent unless the vacancy has been advertised, the public has had an opportunity to comment on the Superintendent s employment, and the public has had the opportunity to comment while in a public meeting on the hiring standards, criteria and policy directives employed. ORS (7). FORMING LOCAL SCHOOL COMMITTEE 1. The district school board shall submit either question (regarding establishing local school committees or abolishing existing local school committees) to the electors at an election when a petition, filed as provided in this subsection, requests an election. ORS (3).

23 District Climate Questions Define it Live it Teach it Measure it Direction Have we established district belief and vision statements? Have we established district goals? If yes, are they monitored and reviewed regularly? Are they used in our decision-making process? How can we involve community members in establishing/reviewing our vision, beliefs, and goals? Norms If you could create the ideal climate for the district, how would you describe it? What does success look like? Beliefs How are our beliefs modeled in the district? Trust What steps can we take to build trust in the district? Practices What is already working well in the district? What is already working well with the board? Building the climate What activities and behaviors can we foster to improve our success? How can we involve others in this effort? What can I do to help achieve our success?

24 SAMPLE BOARD AND SUPERINTENDENT WORKING AGREEMENT Purpose: The Board of Directors is the educational policy making body for (school district). To effectively meet the District's challenges the School Board and Superintendent must function together as a leadership team. To ensure unity among team members, effective group agreements must be in place. The following are the group agreements for the Board and Superintendent. The Board Job Description: 1. Members of the Board and the Superintendent shall work together as a team. 2. Focus on policy making, planning and evaluation, rather than day-to-day operations. 3. Make decisions as a whole board only at properly called meetings. Board members recognize that individual members have no authority to take individual action in policy or district and school administrative matters. 4. Support decisions of the majority after honoring the right of individual members to express opposing viewpoints and vote their convictions. 5. Recognize and respect the Superintendent's responsibility to manage the school district and to direct employees in district and school matters. 6. Give careful consideration to all issues brought to you by individuals and special interests. Actively solicit input and listen to all perspectives. We will operate as representatives and make decisions in the best interest of the whole district. 7. Value the role we play in the community and represent the district, when possible, by attending school and community functions. 8. Be an advocate for public education in the district, region and state level by speaking up for, and on behalf of public education whenever required. Meeting Operational Agreements: 1. Acknowledge that two board members must agree before an item is placed on a meeting agenda. 2. Uphold the legal requirement for confidentiality on all matters arising from the board meeting in Executive Session. 3. Start and end meetings on time. 4. Attend regularly scheduled board meetings and work sessions unless a situation occurs that makes attendance impossible.

25 5. Cooperate in scheduling special meetings and/or work sessions for planning and training purposes. 6. Cast a vote on all matters except when a conflict of interest arises. Communication Agreements: 1. Communicate directly with the Superintendent when a question arises, or a concern is voiced by a staff member, student, parent or community member. 2. Communicate directly with the Superintendent or Board Chair prior to meetings of the board to address questions and/or concerns about agenda items. 3. Communicate one-on-one, when an individual concern arises, with the Superintendent or other board members as appropriate. 4. Give the Superintendent a courtesy call or before visiting a school. 5. No individual board member, regardless of his or her position, has the authority to speak for the board. 6. From time-to-time the board may be required to make findings of fact that are appealable to another agency. In these situations, no board member will have personal contact with parties who have a personal interest in the findings and in the board's decision prior to the time the decision is made. The purpose of this agreement is to help ensure that no board member will receive any information regarding a pending matter that is not available to all board members prior to the time the decision is made. Examples of such decisions include personnel matters, official land use decisions and charter school applications. Annual Planning and Evaluation: 1. Set priorities as a board for board professional development annually. 2. Participate in annual self-assessment of the board's performance. 3. Participate in establishing annual expectations and goals for the Superintendent. 4. Objectively evaluate the Superintendent's performance and provide appropriate feedback. Orientation of New Board Members 1. Assure timely orientation of new board members.

26 Role of the Chair: 1. Recognize the role of the Chair to speak for, and about the board and to describe the board's process and positions. Recognize the role of the Chair to convene meetings, develop the agenda with the Superintendent and execute documents as appropriate. Board's Expectations of the Superintendent 1. Work toward becoming a team with board members. 2. Respect and acknowledge the board's role in setting policy and overseeing the performance of the Superintendent. 3. Work with the board to establish a clear vision for the school district. 4. Prepare preliminary goals annually for the board's considerations. 5. Provide data to the board members so that data driven decisions can be made. 6. Possess a working knowledge of all legal and local policies. 7. Inform the board of all critical information including relevant trends, anticipated adverse media coverage or critical external or internal change. 8. Distribute appropriate information to all board members. 9. Communicate with board members promptly and effectively. 10. Distribute the board agenda by (time, day) prior to the regularly scheduled board meetings on (day) of the following week, except when major holidays fall on Friday. 11. Respect the confidentiality requirement of board meeting Executive Sessions. 12. Treat all board members professionally. 13. Communicate to individual board members if a problem or issue is observed developing with an individual board member. 14. Conduct a self-assessment prior to the board's evaluation of the Superintendent's job performance. 15. Represent the school district by being visible in the community. 16. Provide follow-up information to board members on concerns and issues they have referred to the Superintendent - close the communication loop.

27 Superintendent s Expectations of the Board 1. Recognition of the superintendent as the educational leader of the school district. 2. Willingness to share the success and failures of the school system with the superintendent. 3. Assistance in gaining acceptance and support in the community. 4. Willingness to abide by its own rules, policies and code of ethical conduct. 5. Willingness, within budget constraints, to provide the superintendent with adequate staff and clerical assistance. 6. Willingness to acknowledge and follow the chain of command of the school district. 7. Respect the confidentiality requirement of board meeting executive sessions. 8. Avoidance of seeking personal privilege. 9. A willingness to participate in professional development activities at the local, state and national level. 10. An effort to foster unity, harmony and open communications within the board. 11. An understanding of the relative or complimentary role of the superintendent and board in policy making. 12. Careful consideration of each recommendation made by the superintendent. 13. Insistence on all available facts and data before making a decision. 14. Willingness to study and evaluate educational issues affecting the school district. 15. Practice of avoiding surprise items at board meetings. 16. Integrity of the highest order.

28 Board Protocols Worksheet Please review the following topics and Indicate your level of concern: 1=conversation 2=protocol 3=policy Board Agenda Issues Any Board member may request that an item be placed on the agenda for board consideration by contacting at least days prior to the meeting. Items requiring significant preparation time may be placed on a Future Agenda Items section to get board support before proceeding or on a later agenda. A draft agenda will be developed by the superintendent and presented to the board president for approval days prior to the meeting for which the agenda is prepared. A consent agenda will be used for items not requiring discussion. Any board member may ask to have an item pulled from the consent agenda to allow for discussion or individual consideration. Pulled consent items will be discussed (after/before) the consent agenda vote is taken. Concern Meeting Preparation Issues The superintendent will ensure that supporting information required for informed decision-making is provided to the board days before the meeting. Board members will read all supporting documentation before the board meeting. Board members will call the superintendent with questions about the agenda item or supporting materials at least before the scheduled board meeting. Board members are free to ask questions (even those answered) during the board meeting. All board members will receive a copy of any written material prepared in response to one member s request. Concern Community Issues Meeting agendas are available to the public at the meeting site and online. Procedures for public comment are clear. Only the president will respond to public comment during the meeting. Meeting facilities permit barrier-free access. Meeting facility has adequate space for those attending. Board members refer persons with positive or negative comments regarding school district operations to the proper staff person or administrator directly responsible for the operational activity. Board members will inform the superintendent of all positive or negative comments received from members of the community about the district. The will serve as the media spokesperson for the board on board actions. Concern

29 Meeting Conduct Issues Members will avoid springing surprises on each other. Members will avoid hidden agendas. Members will state their position and vote their conscience. Board members and staff are respectful toward members of the community who address the board. Members agree to limit discussion to issues, not individuals Members will not debate issues with members of the audience. Members will limit deliberations/activities to board work and not administrative/staff work. The board chair will ensure only one person speaks at a time and that each member has an equal opportunity to participate. Members will listen to each other and not engage in side conversations. Members will refrain from taking a position on an agenda item or issue until all relevant information is presented. Concern Post-Meeting Issues All members will support (not undermine) decisions of the board All members will ensure that all documents, records, reports, etc. are processed and maintained in accordance with applicable laws, regulations, policies, etc. Concern Other Issues Concern

30 Oregon School Boards Association Leadership Institute Assurance Form The Leadership Institute Master School Board recognition program is designed to give recognition to school boards that have completed a series of activities that have been identified as indicators of success for high achieving boards. By completing and submitting the statement of assurance form below along with the required evidence your district will be considered as a possible recipient of this annual recognition and award at the OSBA annual convention. The District /Board certifies the following statements: I. The entire board has participated in an OSBA advanced governance workshop. II. The Board has participated in a community engagement process to develop a district vision and goals using student achievement data. (attached if not previously submitted) III. The Board has conducted an annual superintendent evaluation. (evaluation document attached) IV. The Board has conducted an annual board self-evaluation. (attached) V. The board conducts regular policy reviews and the policies are current. VI. The board has established a board superintendent operating agreement that has been adopted and is re-adopted annually. (attached) District: Authorized Representatives Signature of Board Chair Signature of Superintendent Please print name of Board Chair Please print name of Superintendent Date Signed Date Signed Please send to Steve Lamb (1201 Court NE, Salem, OR 97301) by September 30 th.

31 What Every New Board Member Needs to Know Basic Name of the district/college Address Main phone number Website Communities served Number of employees (licensed, classified) Schools Departments Facts School district profile ( ESD district profile ( Community college basic information ( Community College Fact Book ( Percent of students receiving free or reduced lunch Transportation (District or contract operation) Languages spoken at home other than English People and their Contact Information Superintendent/President Administration team Board secretary Documents Policy manual Budget Recent audit report Mission, vision, and beliefs Operating agreement Other board members Union representatives Standing committees (Budget, etc) Collective bargaining agreements District/College calendar Plans (strategic, facilities, technology, etc.) Recent board minutes Protocols How is the agenda set? What is the agenda order of items? What is the purpose of the board comment section (if any)? What are the rules for the public comment section (if any)? When should you expect to receive board meeting materials? How should you respond to staff or public complaints? What are the rules for communication between board members or with administration and staff; school site visitation; or requests for information? When and how does the board conduct the President/Superintendent evaluation? When and how does the board conduct the board self-evaluation?

32 Suggested Reading Becoming A Better Board Member: A Guide to Effective School Board Service (Third Edition), Newly expanded and updated for the 21st century, NSBA's best-selling guide to school board service has been revised to incorporate Key Work of School Boards concepts and to reflect new governance realities, including the requirements of No Child Left Behind. Chapters address learning board service; exercising leadership; working with the superintendent and staff; understanding collective bargaining, education law, and school finance; communicating with your colleagues and the public; and contemporary issues in education. Published 2006, 326 pages. Key Work of School Boards Guidebook NSBA's newly revised guidebook provides a systems-thinking framework that gives educational leaders a blueprint to create quality, results-driven school systems. Published 2009, 98 pages. Boardsmanship for Oregon School Board Members A comprehensive look at what it takes to be an Oregon school, ESD or community college board member. Written by OSBA staff. Published 2006, 36 pages. Iowa Lighthouse Study Report B.pdf Trying To Stay Ahead of the Game, pdf The Roles and Responsibilities of School Boards and Superintendents,

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