MTSBA Trustee Orientation

Transcription

Trustee Orientation Manuai
Montana School Boards Association
With your successful election to your local school board, you now hold one of the most
important elected positions in the State of Montana. As an individual member ofa school board,
you are now an integral part of a single elected body (the Board) that is responsible for finding
the best, most efficient means of fostering excellence in education in each community through a
recognition of the unique characteristics of those communities and the children served.
As you begin your service, you will face a number of technical questions regarding your status as
an elected official, the Board's status as a public agency, and a host of other issues that can bog
you down in the details and draw your attention away from the fundamental issue of educational
leadership. The purpose ofthis orientation manual is to help you manage some ofthe immediate
challenges and obstacles that all newly-elected trustees face in the first months of service, and to
provide you with access to further resources available from your Association.
The concept of local control of schools dates back more than 200 years in the history of the
United States. A tremendous amount of change has occurred over the last 200 years, but the
basic function of school boards today remains the same: To provide local citizen control over
public education in the communities served. This means that the school board should represent
the citizens of the school district--not just some of the citizens, but all of them. Because different
citizens have different ideas about schools, this responsibility always presents a challenge and
requires significant diplomacy skills. How you manage this responsibility with the other trustees
on your Board largely determines the quality of public education in your community.
Unlike many states, where the state takes the lead role in education, the ultimate responsibility
for quality public education in Montana rests with the local school board. The Montana
Constitution is unique in placing both supervision and control of public education in the school
boards' hands. Article X, Section 8 of the Montana Constitution articulates this vision
eloquently and directly:
School district trustees. The supervision and control of schools in each school
district shall be vested in a board of trustees to be elected as provided by law.
Trustee Orientation Manual
As clearly enunciated in Montana's Constitution, the role of school boards in public education is
pivotal. It is important to note, however, that the role belongs to the school board as a whole,
and belongs to individual trustees only to the extent that they each function as part of that whole.
The other constitutionally-empowered agency in education is the Board of Public Education.
Article X, Section 9 of the Montana Constitution specifies the Board of Public Education's
authority as follows:
(3) (a) There is a board o/public education to exercise general supervision over
the public school system and such other public educational institutions as may be
assigned by law. Other duties of the Board shall be provided by law.
(b) The Board consists of seven members appointed by the governor, and
confirmed by the senate, to overlapping terms as provided by law. The governor,
commissioner of higher education and state superintendent of public instruction shall be
ex officio non-voting members of the Board.
In addition to the Board of Public Education and local school boards, the other elected officials
directly involved in public education include the Superintendent of Public Instruction and the
county superintendents.
One of the most important and potentially difficult matters that each trustee must confront upon
his or her successful election is determining his/her role as an individual member of the Board.
Unlike the legislature, where there is one individual representing each clear and distinct
geographic area in the state, every member of a school board has been elected by the same body
of constituents, and, by virtue of that fact, is accountable to the same people.
*Note: There are, of course, circumstances where individual trustees do represent distinct
areas, such as in the case of outlying elementary area trustees on a high school
board, or in cases where the District has gone to single member trustee districts in
order to comply with the Federal Voting Rights Act of 1965. Even in such cases,
however, although there may be distinct constituents in terms of taxpayers, at the
very least, all trustees on the board have an equal obligation to represent the
interest of the children attending the public schools of the district.
There is nothing wrong with having a particular focus or interest in your role as a trustee. In
fact, the diverse interests and perspectives of trustees on a school board is part of what helps the
Board represent the diverse aspects of their communities. It bears repeating, however, that in the
end, every trustee on the Board has a similar if not identical responsibility to the children of the
district.
New Trustee Orientation Manual
Believe it or not, Never! It is the Board as a whole that has authority over the school district. It
can come as a shock to a newly-elected trustee, but an individual trustee has authority on his or
her own only to the extent that the Board specifically authorizes such authority. Because a
school board (not each trustee thereof) isa governmental body, it can take action only by
majority vote at a public meeting. The individual board member has no formal authority beyond
expressing an opinion, debating an issue and casting a vote at meetings. The power to debate,
discuss and vote, however, can be compelling if properly exercised!
Because he or she casts only one vote, a newly-elected trustee can become frustrated with the
pace or lack of change and turn to other options in seeking a change. Although other options
may seem attractive at first blush, they will lead to division, and run a strong risk of reducing the
newly-elected trustee's effectiveness and credibility with other members of the Board. The end
result of such action is often division and dysfunction on the Board. With the visionary elected
leaders mired in controversy, the prospects for positive change in the district under such
circumstances become dim at best.
A trustee who hopes to bring about change must do so within the existing legal and
organizational framework of the Board. Many a good idea has died because it was not properly
presented to the full school board or because some minor part of it presented avoidable legal
difficulties. Focus your energies on establishing healthy lines of communication with the other
members of your Board, bring your good ideas to the Board for discussion and deliberation, and
your efforts will pay dividends in the final analysis.
Not unless specifically authorized by the Board! A board member who attempts to speak for
the total board, direct members of the staff or make other individual decisions without Board
authority is acting outside the law. In fact, the only time a trustee is immune from personal and
individual liability is when he or she is acting in an official capacity, at a meeting of the Board or
a board Committee, or pursuant to motion of the Board or a duly-appointed committee.
The following sections of law clearly specify the authority of the Board vs. the authority of an
individual trustee, as well as the obligation of all trustees on the Board to act collectively.
20-3-301. Election and term of office.
(2) .... When exercising the power and performing the duties of trustees, the
members shall act collectively and only at a regular or a properly called special meeting.
(4) lRlJIJsillfJessmay lTW£ be trta!nsacied by ghe trtlJ/Jstees of a district amless it is
transacted at a regular meeting or a properly called special meeting. A quorum for any
meeting is a majority of the trustees' membership. All trustee meetings must be public
meetings, as prescribed by 2-3-201, except that the trustees may recess to an executive
session under the provisions of 2-3-203.
When a trustee is acting in a manner contrary to the provisions above, he or she loses the
personal and individual immunity ordinarily enjoyed when working in concert with the Board.
A trustee acting on his or her own, without and/or contrary to the authority of the Board as a
whole, runs a significant risk of incurring individual and personal liability for such actions.
Section 20-3-332, MeA, provides in relevant part as follows:
20-3-332. Personal immunity and liability of trustees. (1) When acting in their
official capacity at a regular or special meeting ofthe Board or a committee thereof, the
trustees of each district are individually immune from exemplary and punitive damages.
Under this section, a trustee's individual immunity from suit attaches only while acting in an
official capacity. Official capacity comes upon approval by a majority of the trustees of the
Board. Actions taken individually could lead to individual liability, which is another good
reason why individual trustees should work within the structure of the Board as a whole.
How to Talk to Your Constituents and Assist Them in Working Through the
Chain of Command
In light of the restrictions on your individual actions identified above, how can you maintain
contact with and be responsive to the concerns of your constituents? By becoming informed
regarding your district's chain of command and assisting your constituents in understanding the
protocol for raising concerns.
As a newly-elected trustee, you will inevitably receive an abundance of input from community
members, including employees, with concerns, suggestions, and questions. Sometimes this
works, particularly if a district-wide policy is involved or if the contact is informal and the topic
is agreeable. More often than not, however, such contacts will involve matters of controversy
which are specifically subject to formal procedures addressed in district policy or collective
bargaining agreement.
Most districts address the issue of a grievance formally, either through the terms of a collective
bargaining agreement or through district policy. When a school district has a grievance policy or
provision in its collective bargaining agreement, it must comply with the terms or run the
significant risk ofliability. When approached on a matter of controversy, therefore, a trustee
must be ever-mindful of the fact that such controversy must be addressed within the structure of
policy or bargaining agreement, and must avoid the temptation to tackle the problem alone.
Employees are unique constituents, generally holding the same free speech and other
constitutional rights of other community members. As employees, however, they also have
particular rights and obligations under the chain of command as established by collective
bargaining agreement and/or district policy.
Neitherthe Board nor an individual member thereof should address a matter of controversy
without consultation and advice from the administration. Volunteer elected trustees should u~e
their county superintendent and paid staff as a resource for research and advice as to how a
particular matter will affect students, staff and the community. Trustees should also remain
vigilant in protecting the integrity of the district's organizational structure and procedures in
order to maintain their school district's leadership and effectiveness.
Whenever approached regarding a matter of controversy within the district, the matter must be
referred to the superintendent or other staff member for handling in accordance with the chain of
command established in your district's grievance policy. Remember that as an individual
trustee, you have no authority to solve the problem on your own. Attempting to do so will create
communication problems with your staff and fellow trustees, as each has and deserves a shared
responsibility and authority to solve problems together.
The best suggestion you can give to a concerned constituent is to begin with the person(s)
directly involved. That would be the teacher where a student-related problem is involved, for
example, or the principal where a school regulation or practice is the area of concern.
When a situation cannot be resolved at the lowest possible level, then it should be taken to the
next level in a kind of "chain of command." If the constituent has already spoken with the
teacher and principal, you should suggest that the constituent bring the matter to the attention of
the superintendent. When the superintendent cannot resolve the problem, that is when the
Board's involvement becomes necessary. If the concern is important enough to be brought
before a public meeting of the full board, the constituent will undoubtedly find that following the
chain of command gets a much better response than talking to and attempting to institute change
through an individual trustee.
While school boards are granted wide latitude in governing their schools, they are subject to
numerous state laws and regulations. Individual trustees are also similarly restricted in particular
conduct by what can sometimes be frustrating and hyper-technical laws. Knowing some of the
technical details up front, however, can help you avoid embarrassing situations and become more
effective in your service as a trustee. The most immediate details can be characterized as falling
under the following classifications:
The school board and its committees are required to comply with the open meeting laws. These
laws have been subject to constant litigation over the years, often with school districts on the
losing end of the decisions handed down by the Montana Supreme Court. The open meeting
laws are complex enough to justify a separate outline, and, in fact, the Montana School Boards
Association has prepared such an outline that is available to all members.
The key to understanding· the open meeting laws is to recognize the key components.
Compliance with the open meeting laws requires that a board:
Strive to meet in public. Under the Montana Constitution's "right to know"
provision, meetings must be conducted in open session unless either (1) the Board
is conferring with its legal counsel regarding pending litigation with a private
party or (2) the Board Chair has found that the merits of individual privacy clearly
outweigh the merits of public disclosure. Most closed meetings of school boards
are closed in order to protect the privacy interest of an employee or student of the
district. In such cases, the individual you are discussing has a right to be present
during your deliberations. A meeting cannot be closed to discuss a collective
bargaining strategy, or to discuss the conduct of a trustee, even if embarrassing!
Provide Reasonable Notice of Its Meetings. The law requires that a board
provide "reasonable" notice of its meetings. There is no set formula regarding
how to go about doing this, as the law is flexible regarding notice .. Notice can
include posting at community centers, the post office, or other locations
frequented by members of the community. Notice can also include using your
local press to advertise or report regarding upcoming meetings. Regardless of the
method of notice provided, a board should be sure that the content of the notice
includes the date, time, place and subject(s) of its meeting.
Provide an Opportunity for Public Input. A board is required to give the
public an opportunity to provide input before a decision is made that is of
significant interest to the public. A board has fairly wide latitude in identifying
and limiting the means by which such input is taken. As long as some input is
allowed before (1) a final decision on (2) a matter of significant interest to the
public is made by the Board at a properly noticed meeting, a board has complied
with Montana law. Such input could be allowed, for example, through committee
meetings, solicitation or receipt of written comments, oral comments at a meeting
of the Board prior to a final decision, or any other method of the Board which is
"reasonable." The right of participation is not unlimited. At some point, a board
may wish to conclude the consideration of public comment, and move to its
decision on a given issue. A board has the sound discretion to do so, provided it
has given the public a "reasonable" opportunity to first provide input.
It is important to note that the Board is not required to respond or
participate in a give and take discussion or debate during public comment. The
Board should maintain a clear distinction and formal separation between the
public input and board discussion/deliberation portions of its meetings. Failure to
do so almost always leads to disruptive, disorganized, and ultimately long
meetings.
School finance and funding can be one of the most frustrating and complex aspects ofa board's
responsibilities. There are a myriad of different funds in a school district, each of which must be
maintained and accounted for separately. Although there are some funds that can be provided
with permissive (non-voted) levies, many school district accounts are subject to voter approval.
The general fund is the chief fund of the school district, and is used to pay for the general
operational costs of each school district. The general fund is composed of a combination of
state, federal and local funds, and is subject to specific restrictions as a result oflitigation and
legislative action over the last ten years.
In 1989, the Montana Supreme Court held that the system of funding k-12 public education was
unconstitutional. The Court held that significant disparities in per-pupil funding across the state
resulted in a violation of the Constitution's guarantee of equal educational opportunity. The
Montana Legislature responded to the Court's decision by passing House Bill 667 in the 1993
Legislative Session. House Bill 667 continues to govern and, in many cases, restrict school
district spending.
Under House Bill 667, each school district must adopt a minimum general fund budget (the
BASE) and may not adopt more than a higher budget (the MAXIMUM). The General Fund
Budget of each district is based on a combination of what is known as the Per-ANB Entitlement
(based on the previous year's pupil count, with roughly $3,906 per elementary pupil and $5,205
per high school pupil) and the Basic Entitlement ($19,244 per year for each elementary district;
$213,819 per year for each high school district).
The Legislature has accomplished its goal of reducing spending disparities among school
districts below 25% (5th percentile district compared to the 95th percentile district).
Unfortunately, it has done so without adequately funding the equalized system as it was
contemplated at the time of enactment. If you are serving in a district at or near its MAXIMUM
budget, you will find the funding restrictions of state law to be particularly discouraging, in that
state law will prevent the local taxpayers from providing additional financial support for your
operations, even if the local taxpayers wish to provide the additional support.
As a newly-elected trustee, you are subject to significant restrictions on your personal and
financial relationships. Montana law provides that it is unlawful for a trustee to:
X
X
have any pecuniary interest, either directly or indirectly, in any contract made by the
trustee while acting in that official capacity or by the Board of trustees of which the
trustee is a member; or
be employed in any capacity by the trustee's own school district.
In addition to the restrictions on your individual involvement with the district, there are also
limitations on the employment of your relatives. The law provides that if anyone related to you
by consanguinity in the fourth degree (blood relatives, 151 cousins and closer) or by affinity in the
second degree (blood relatives of your spouse, including sibling-in-Iaws, parent-in-Iaws, and
children in-laws) cannot be employed by the Board of which you are a member unless:
X
X
X
you abstain from the vote;
all of the remaining trustees approve the employment unanimously; and
the Board advertises the planned employment in a paper of general circulation at least 15
days in advance of the meeting.
School boards establish a wide variety of policies and procedures describing what the schools are
expected to accomplish in such areas as curriculum, transportation, building maintenance, staff
development, student services, labor relations, human rights and community relations. Both state
and federal law require adoption of policy in many cases. Many of these policies and standards
are routine and the Board can reasonably rely on the judgment of the superintendent and staff.
Some are not so routine, however, and produce disagreements in the community or even among
the staff. School board members are not experts in all these areas of policy; they must rely on the
superintendent to help them. However, the Board member must learn enough in all of these
subjects to ask questions, evaluate the answers, and vote with conviction.
As a public employer, a board employs a variety of types of employees, each with their specific
rights, responsibilities and accompanying technical rules. It is important to become increasingly
familiar with employment issues, as the Board has the sole authority and obligation to hire and
fire all employees ofthe district. Most ofa board's employment decisions will be made after a
recommendation from its superintendent, although there can be instances when such decisions
are made upon the recommendation of others (the county superintendent or a trustee in a district
without a superintendent, for example). Employees of a school district can generally be
classified as follows:
The chief executive officer for the school district. The
superintendent is hired under a contract for a specified term, which
cannot exceed 3 years. When the contract term is complete, the
employment expires, as long as the Board provides notice of
termination by February 1.
Every district in the state employs a district clerk. The clerk is
appointed on an annual basis at the organizational meeting
following the election in May. The clerk is responsible for fiscal
management of the district as well as record-keeping (minutes,
etc.) for the Board.
Certified staff other than the superintendent include your
principals, your teachers, and any other individuals serving in a
position that requires certification. Your certified staff (other than
the superintendent) are also called "exempt" staff or "nonstatutory" staff, in that they are exempted from many of the laws
addressing public employment. Your employment relationship
with your certified staffwill depend on your district policy, and/or
any collective bargaining agreement. Generally, a district has both
tenure teachers, who can be terminated only for "good cause" and
nontenure teachers, who can be nonrenewed for any reason
following each of the first three years of employment in the
district.
Classified staff include all of your employees in maintenance, bus
drivers, and other individuals who are not certified by the Board of
Public Education. Your employment relationship with classified
staffwill depend on your district policy, and/or any collective
bargaining agreement with the staff. There are certain matters,
however (holidays, number of vacation and sick days) that are set
by statute for these employees.
So What Does it Really Mean to Be a School Board Member?
After reviewing the Nuts and Bolts Section above, being a school board member may seem to be
far more complex and less gratifying than you originally thought when running for the Board.
Keep the nuts and bolts in their proper context, and avoid getting bogged down in the technical
details, however, and you will find the reward for your service in the achievement and growth of
your community's children.
There is no greater honor for a person than to be selected by one's community to supervise and
control the education of their children. It is, however, an honor that must be earned through
constant effort and a strong commitment to learning and serving other people.
The term of office for most school board members is three years. Most veteran trustees would
state that it takes a year or more for a person to become a knowledgeable and productive board
member, so don't be discouraged if you find yourself making mistakes early on. Turn to the
other trustees serving with you for support and information, and you will find your knowledge
and skills growing exponentially. By the end of your first term, you will undoubtedly find
yourself prepared to provide mentorship to newly-elected trustees. By providing such
mentorship, you will ensure a continuity in educational leadership on your Board.
School Board Leadership can be characterized as the key to keeping our public schools focused
on the most important task at hand: Education and growth of each community's children. School
boards adopt policies that govern the operation of the district, as well as the budget that
determines the priorities and values of the district. Policy and budgets are the most explicit
expressions of a school district's priorities and values. It is the adoption of policy and operating
budgets, therefore, that provide the Board with its greatest opportunity for creating an
educational environment that is conducive to high student achievement.
X
X
X
X
X
Adopt goals and evaluate outcomes
Adopt and evaluate policies
Hire and evaluate the superintendent and delegate all administrative duties
Approve the school district's budget and set the local levies and bond amounts
Communicate with the community
Perhaps the single most important job of a school board is to employ a superintendent and to
hold him or her responsible for managing the schools in accordance with state law and the school
board's policies. The Board also should set educational goals for the schools based upon state
laws and community values and see that the superintendent and the total staff vigorously pursue
those goals.
The education and administrative leadership responsibilities of the superintendent are
complementary and interdependent with the public leadership, governance, and policymaking
responsibilities of the Board. To avoid confusion and provide harmonious and progressive
direction for the district, both superintendent and board must strive to keep the distinctions
between their respective leadership roles clearly in mind. The following chart highlights some
distinct features of these roles:
Administration
The superintendent is responsible for providing
administrative leadership and managing district
day-to-day operations.
The Board hires the superintendent and delegates
responsibility for administrative functions.
Policymaking
The superintendent is responsible for designing
and implementing procedures to effect the
requirements of policy.
The Board establishes policy for the governance of the
school system after considering the superintendent's
recommendations.
Hiring and Evaluating Personnel
The superintendent recommends personnel to be
hired; is responsible for performance
evaluations; and makes recommendations for
renewal, nonrenewal and dismissal of personnel,
as provided by policy and/or relevant provision
of collective bargaining agreement. The
superintendent has authority to make
recommendations to the Board regarding the
selection, promotion, and retention of all
personnel.
The Board adopts a policy providing for the
employment and duties of district personnel. It is a
common practice for the Board to employ professional
personnel in accordance with policy and as
recommended by the superintendent and to review and
act on other personnel recommendations from the
superintendent.
Program Evaluation
The superintendent serves as educational leader
for attainment of student performance objectives
and submits to the Board reports on the
curriculum, keeping the Board informed about
the evaluation of school programs.
The Board approves courses to be offered and requires
periodic reports on the status of the educational
program offered by the district, making revisions in
policy as they are needed.
Planning Goals
The superintendent provides administrative
leadership and makes recommendations to the
Board concerning the development and
implementation of and progress toward the
educational goals approved by the Board.
The Board establishes educational goals for the district,
based on the input of district staff and community
members, through various planning activities.
Budget
The Board communicates the district's priorities to the
I
The superintendent prepares a budl!:et, makes
'.
superintendent through identified goals, reviews the
budget submitted by the superintendent, makes
necessary revisions, adopts the budget, and sets local
tax rate requests.
revisions as requested by the Board, and
administers the budget and makes purchasing
decisions as defined by board policy.
Facilities Planning
The Board adopts plans for facilities after considering
the recommendations of the superintendent and
delegates supervision of the building program to the
superintendent.
The superintendent leads the administrative
effort to plan for, operate, and evaluate facilities
and to supervise improvements.
Community Relations
The Board adopts a program of school-community
relations and remains responsive to the community.
The superintendent recommends and implements
a program of school-community relations and
keeps the community informed about district
performance, policies, programs, and
procedures.
School board practices vary widely from place to place. The degree of formality required in
conducting meetings, for example, may depend upon whether the Board meets before a large
audience, a small one, or no audience at all! There are some characteristics, however, which are
common to good school boards everywhere.
X
Good school boards know the difference between governance (which is their job) and
management (which is the administration's job) and place a high priority on respecting
that difference.
X
Good school boards make every effort to operate openly by encouraging public
attendance at their meetings and keeping constituents informed of the district's progress.
Good school boards enact major policies only after all sides of the matter have been
studied and all persons or groups affected have been consulted.
X
X
Good boards are efficient. This means that their procedures for conducting business are
appropriate to their needs and designed to keep the district on course toward
accomplishment of goals and objectives.
X
Good boards know they are in the business of education. They talk about education, study
the needs of students and society, and base their decisions on what is best for the children
served.
Board members come from all walks of life. The ability to function as one member of a multiplemember governing board is not determined by sex, occupation, race, income, or social standing.
Effective school board members, however, are characterized by the following:
X
The ability to work as a member of a team, including an open mind and an ability to
engage in give-and-take and to arrive at a group consensus.
X
The willingness to spend the time required to become informed and to do the homework
needed to take part in effective school board meetings.
X
A desire to serve children and the community and a strong belief in the value of public
education.
X
Respect for the needs and feelings of other people and a well-developed sense of fair
play.
X
Recognition that the school district is probably the largest business in town and that the
Board is responsible for seeing that the business is run by a skilled management team.
X
Effective board members often are persons who have proved successful in their particular
vocations or avocations and who have demonstrated a genuine concern for community
improvement.
The Code of Conduct presented below is one sample among many that are available from a
variety of sources. Your own district may have adopted a separate Code of Conduct of which
you should be aware. The Code below provides some good advice for all trustees, which, if
followed, will foster a greater sense of mutual respect and efficiency among the trustees serving
on your Board.
As a trustee of my local school board, I shall do my utmost to represent the public interest in
education by adhering to the following commitments:
X
I shall represent all school district constituents honestly and equally and refuse to
surrender my responsibilities to special interest or partisan political groups.
X
I shall avoid any conflict of interest or the appearance of impropriety which could result
from my position, and shall not use my board membership for personal gain or publicity.
X
I shall recognize that a board member has no legal authority as an individual and that
decisions can be made only by a majority vote at a board meeting.
X
I shall take no private action that might compromise the Board or administration and shall
respect the confidentiality of privileged information.
X
I shall abide by majority decisions of the Board, while retaining the right to seek changes
in such decisions through ethical and constructive channels.
X
I shall encourage and respect the free expression of opinion by my fellow board members
and others who seek a hearing before the Board.
X
I shall be involved and knowledgeable about not only local educational concerns, but also
about state and national issues.
X
The development of educational programs which meet the individual needs of every
student, regardless of ability, race, sex, creed, or social standing.
X
The development of procedures for the regular and systematic evaluation of programs,
staff performance, and board operations to ensure progress toward educational and fiscal
goals.
The development of effective school board policies which provide direction for the
operation of the schools and delegate authority to the superintendent for their
administration.
X
X
The development of systematic communications which ensure that the school board,
administration, staff, students, and community are fully informed and that the staff
understands the community's aspirations for its schools.
X
The development of sound business practices which ensure that every dollar spent
produces maximum benefits.
o
o
o
Employment record information and/or application materials making
references to family problems, health problems, past· and present
employers' criticisms and observations, military records, scores from IQ
tests and performance tests, prison records, drug or alcohol problems, and
other matters, many of which most individuals would not willingly
disclose publicly;
Discussion of teacher performance
renewals;
for purposes of teacher contract
Student information, including but not limited to student records, health
problems, disciplinary problems, and other matters of a private or personal
nature.

MTSBA Trustee Orientation

Transcription

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