Across Arizona newly elected school board members are preparing to take office. While they will soon hold the most important offices in the state, far too few know their rights and responsibilities.
Already, the newly elected school board members have been invited by the Arizona School Board Association to attend their orientation. That orientation includes trying to turn what had been candidates hoping to improve education outcomes, into rubber stamps for too many administrators dedicated to maintaining the status quo.
Potted plants or representatives
Seasoned and experienced school board members joke that the Arizona School Board Association (ASBA) offers a “re-education camp.” There, school board members are taught that unanimous votes on everything from personnel to policy decisions are preferred, if not essential. They are taught that they are to support, rather than question district administration. They are taught that their job is to set policy – and not much more. Should they dare to step-out-of-line; they could be in violation of some obscure policy or state law.
On the other hand, administrators are adept at turning policy matters into administrative issues. Clear policy issues like revising dress codes, prescribing discipline standards, or approving major procurements transform into administrative decisions. The contortions administrators can go through to grant themselves more say is truly astonishing. The extent to which the ASBA supports administrative superiority is equally astonishing.
What is not astonishing, but disappointing, is the number of school board members, who instead of representing their constituents, are comfortable with a potted plant role. They sit at the dais during board meetings smiling broadly while administrators make decisions that defy the communities’ wishes and do not reflect the communities’ values.
Last week, the residents of the Tucson Unified School District watched in amazement as newly elected governing board member and third year law student, Rachael Sedgwick, asserted herself and exemplified what the voters expect from their elected representatives.
After TUSD governing board president Adelita Grijalva advised fellow board members that they were not to visit schools unannounced, Sedgwick cited board policy and asserted her authority on behalf of her constituents.
In this case, TUSD Superintendent H.T. Sanchez had asked “Grijalva to speak to the Principals today about how board members and other non-parents should make appointments to visit schools and meet with principals,” according to a bizarre email exchange between board members, the board’s secretary, Mary Alice Wallace, and Sanchez. Sedgwick responded:
Hi Mary Alice,
I’m afraid you are incorrect about the “protocol.” Or whoever gave you your orders is incorrect. I’m happy to help.
The school visit policy is written by the board. I’m sorry Adelita and HT don’t understand that. I hope this email will disabuse them of their misunderstanding regarding how policy is created in public school districts. Please make sure they get it. I’m actually surprised by their ignorance of the law.
While I was prepared to have you schedule my school visits as a courtesy, I now believe this matter is important enough that I not go through you. As such, I’ll follow the policy as it is written. I will also inform any TUSD community member I speak with, including administrators, of the actual policy.
Adelita has no business informing principals of their duties, nor should she be taking orders from the Superintendent. I’m surprised she doesn’t know that.
As soon as I am an official member, I will make sure we all understand how policy is written and implemented in public school districts.
Have a great day,
Rachael
Knowing the difference between the rights and responsibilities of board members and staff can make a world of difference to stakeholders. It is imperative, especially in a state that values local control, that board members exercise the control granted to them.
Rights and responsibilities of board members
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.