School board responsibilities misunderstood or unknown

By John Hunnicutt

Arizona school board members are responsible for setting the school district policy. Some of their roles and responsibilities are implicit, and others are specifically mandated or allowed by Arizona law. Most people do not know what school board members can and cannot do.

Over the years, across the country, school board members have been trained, through state school board associations, to be rubber stamps for superintendents rather than representatives of the public. That trend is changing rapidly for no other reason than too many districts are failing to serve their students and their communities. The public is demanding a new type of school board member; an engaged proactive voice for the community who knows their responsibilities.

So what are their responsibilities? Tucsonans United for Sound Districts (TU4SD), which I co-founded over two years ago, recently shared the responsibilities of Arizona school board members with the public at various events:

The governing board is responsible for setting the mission for the district and the policies that will serve the mission. Board policies and goals establish the structure and create the environment for ensuring that all students are served.

The superintendent is supposed to use the policies established by the board to manage operations on a day-to-day basis. Although the superintendent may suggest changes to policies, only the board as a whole has the legal authority to adopt policy.

School boards are supposed to ensure accountability to the public. They are tasked with ensuring that the resources are used wisely and that high standards for academic performance are set. The board as a whole needs to monitor performance to meet established goals – academic, financial and operational.

Specific duties of school boards may relate to employment, purchasing, budget preparation, students and policies. They may include:

• Hiring and evaluating the district superintendent.
• Providing guidance in the development of the budget to ensure funding needed to meet board established goals.
• Setting the local property tax rate that funds the district.
• Approving the budget.
• Monitoring the budget.
• Setting salaries for employees.
• Approving purchases.
• Establishing and approving policies.
• Approving curriculum materials.
• Adopting the school calendar.
• Reviewing regulations for compliance with policy.
• Approving personnel actions based on the superintendent’s recommendation.
• Closing or constructing schools.
• Assessing board effectiveness.
• Monitoring progress toward goals.

Mandatory duties of school boards are defined in A.R.S. §15-341. Discretionary powers are defined in A.R.S. §15-342.)

School board members DON’T:

• Implement policy; school boards make policy and superintendents sometimes carry it out.
• Manage the day-to-day operations of the school district; school boards attempt to see to it that the district is managed by professionals.
• Evaluate staff, other than the superintendent, nor do they become involved in employment interviews, other than those for superintendent.

Any registered voter in the State of Arizona who also is a resident of the school district in which he or she resides for at least one year immediately preceding the day of election is eligible to run for a position on the local school board.

A person who is employed, or whose spouse is employed, by a district can stand for election as a governing board member. However, if elected, the successful candidate and/or spouse must terminate employment with the district before taking office.

Board members cannot serve simultaneously on more than one school district governing board.

Finally, a person who has an immediate family member sitting on a school district governing board and who has shared the same household of residence with that family member within four years prior to the election is ineligible to be a candidate for nomination or election to that governing board if the governing board is composed of five members, unless the immediate family member is serving in the last year of a term of office; persons related as immediate family who have the same household of residence within four years prior are also ineligible to be simultaneous candidates for nomination or election to the governing board of the same school district if the governing board is composed of five members.

Election is for a four-year term, except for those positions filling a vacancy in office.

School board elections are part of the general election in even-numbered years. Special elections to fill unanticipated vacancies occurring between regular elections may be called by the county superintendent of schools. (County school superintendents may also choose to appoint an individual to fill such a vacancy.

Duly elected school board members take office at the first organizational meeting of the school board, which must be held between the first and 15th day of January following the general election. The oath of office is administered at any time after the candidate has received a certificate of election, and at least one day before commencement of the term of office.

Occasionally school board members must leave their positions before they have completed their terms. In the case of a mid-term vacancy, the county superintendent of schools may appoint a new member to fill the position through the end of the term or the next election.

Boards must meet at least once a month during the school year. Many boards regularly meet twice a month year round and call special meetings as needed.

School board members are volunteers, they DO NOT get paid. Members may be reimbursed for travel and subsistence expenses for authorized school purposes.

By state law, governing board members cannot be held liable for actions taken in good faith and within the scope of their authority. Boards also may receive legal counsel to advise them, and the liability insurance of most, if not all, organizations covers board members who are acting in their official capacity. A governing board member is not immune from liability, however, if he or she:

• Acts outside the scope of authority;
• Knows (or should have known) that an action violates a person’s constitutional rights;
• Engages in criminal activity;
• Commits an intentional tort, such as assault, or
• Violates the open meeting or conflict of interest laws.

Tucson Unified School District has for too many years had a Governing Board that adopted the teachings of the Arizona School Board Association and acts as a cooperative board that doesn’t challenge or even question whatever is presented by the Superintendent and staff. It is time to elect a governing board that governs in a manner that represents the voters. The Governing Board needs to remember they don’t work for the Superintendent.

To learn more about John Hunnicutt visit www.johnhunnicutt4tusd.com

About Letter to the Editor 171 Articles
Under the leadership of Editor in Chief Huey Freeman, the Editorial Board of the Arizona Daily Independent offers readers an opportunity to comment on current events and the pressing issues of the day. Occasionally, the Board weighs-in on issues of concern for the residents of Arizona and the US.