Effective School Board Board Chair 101 Effective School Board Leadership March 7, 2019

The Role of the School Board Chair Promote the development of a strong board team that understands its role and performs its essential work. Team Leader Establish a strong connection with the administration to build common vision and a strong sense of teamwork. Link to Administration Organize and conduct productive meetings. Meeting Leader Promote lawful/ethical operations. Legal Guardian This is the key slide of the evening. We have spent considerable time thinking through what makes a board chair effective. We believe there are four major functions, each of which need focus. Tonight we will go through each

Key Role of the Chair: Leadership Promote the development of a strong board team that understands its role and performs its essential work This is the first major function. It includes two major concepts— Team Understands proper role Performs essential work

Build a Team Relationships Welcome New Members Validation Build relationships with each member of the board Relationships Ensure they receive an orientation Essential work of school boards Board operations Welcome New Members All members understand they are an integral part of the board Validation Be aware of dynamics and personal agendas of each board member Board Dynamics Meetings Decision making Ground Rules Boards are made up of individuals who come from very different places and philosophies. In my experience all new board members have an agenda—why else run? Your task as chair is to help maximize their strengths and skills and to minimize their liabilities– like any good team. Occasionally there is a problematic board member who refuses to become part of the team, but most will join if they are engaged. THEN GO THROUGH LIST

The Role of the School Board Serve on behalf of community to provide strong oversight of public education Trustee Ensure high quality education for all students Education Ensure the public gets a good return on its investment Investment Ensure that the system operates effectively and ethically Operations This slide focuses on the board playing its proper role. This is what we reinforce at the School Board U Essential Work of School Boards Seminar June 1 in Barre. The chair needs to reinforce this role and should also encourage all board members – especially new members - to attend.

The Role of the Supervisory Union Board Oversee education for the region through the Supervisory Union, promoting equal education opportunity across the SU, assuring mutual accountability with superintendent, and seeking greater student opportunity and operating efficiency. Similarly, it is critical if you are the chair of an SU Board, to establish clearly what your role is. You, as chair, may need to regularly remind people what your role and work is. Acknowledge the challenge of an SU Team-- The charge is the same, the board must become a team, committed to a common mission and common goals– focused on what is best for students. Need to be overt!

Key Role of the Chair: Partnership Establish a strong connection with the administration to build common vision and a strong sense of teamwork This is the second major role— You, as Chair, do not carry any more authority than anyone else-- However, you carry responsibility for promoting effective operations. In most instances, you need to have a strong relationship with the superintendent, assuring strong collaboration and good communication– working forward as a team. Obviously, when problems begin to arise, you play a strong role in communicating about those issues and in solving them. When severe problems arise, you are the one who seeks assistance through your attorney or through the VSBA or some other resource. Hopefully, this is rare!

Chain of Command: Board, Superintendent, Principal Board: Vision, Policy, Resources, Accountability Superintendent: Systems Leader and CEO for the district, accountable to SU and District boards Principal: Educational Leader for school, accountable to the superintendent Vermont has a complex system. Can be confusing. Don’t let the confusing structure prevent high functioning. This is the legal structure Board provides oversight – together with leadership, sets vision and policy, and secures resources, engages the community, and assures system accountability. Hires supt. Superintendent is the CEO for the SU and for Districts– is accountable to the SU Board (and to member boards) which is why the SU has to be highly functional. Board and Supt hire principals together. The principal is the educational leader of the school, but works for the superintendent. Must have good relationship and good communication with the board, but works for superintendent.

Guidance, Support, Supervision Assure goal setting with superintendent and that goals are being set for principals Set Goals Conduct regular performance review of Superintendent Evaluation Establish norms Communication Identify and resolve issues as a district board Address appropriate issues formally through the SU board Tips from experienced school board chairs for working with the superintendent   o Work closely with the superintendent to coordinate the work of the board with the work of the district administration. o Consider regular information sharing sessions such as a monthly breakfast or lunch. o Assume the best and keep an open mind. o Seek the superintendent’s advice on timing and methods for presenting topics for board consideration. o Ask; don’t demand. o Listen to understand. o Be prepared to integrate the superintendent’s ideas with your own and those of the board. o Encourage the superintendent to come to you with any problems; keep the confidence. o Work with the superintendent to select the best time and method to share confidential information with the board. o Tell the board how you and the superintendent plan to work together and how this relationship will enhance the work of the board. o Work with the board and the superintendent to determine how they will share different kinds of information to ensure that the rest of the board does not feel excluded.

Key Role of the Board Chair: Meetings Organize and conduct productive meetings SUE Board meetings are how the board takes action to accomplish its goals. It is the chair’s responsibility to ensure the meetings are productive, inclusive, and lawful.

Manage Productive Meetings Build effective agendas Follow Robert’s Rules of Order Obey open meeting and public records laws Facilitate complex community conversations Strive for consensus These five components are key to conducting productive, inclusive, and lawful meetings. In addition to the information I’m about to share with you, the VSBA has compiled a series of tools and structures that will support you to accomplish each of these tasks. All of those resources are available in the Essentials Guide.

Build Effective Agendas Collaborate with the administration to build effective agendas. Align agendas with board goals The agenda should include a manageable number of issues, so that each item can be given necessary consideration and so that meetings can be kept to a reasonable length. Limit action to items that the board has had time to consider Ensure clarity so the public can be reasonably informed of the topics to be discussed Discussion Items Issues the Board needs to discuss and deliberate, but upon which no action is taken at this meeting. We recommend these items are early in the agenda while board members are fresh and alert. Action Items Issues that require the Board to make a decision by vote, may have been discussed over several meetings prior to this point. Consent Items Routine matters that need no discussion by the Board, but require Board approval. They are grouped together as a single agenda item. Information Items [Incidental Information] Matters the Board needs to know about, but for which no Board action is needed. The information flow is one way, from presenter to the Board. Questions for clarification are entertained as time allows. The agenda should not contain any items for action that the board has not had a chance to consider.

Become Familiar with Robert’s Rules State law requires school board meetings to be conducted in accordance with Robert’s Rules of Order Robert’s Rules were designed to bring order to the chaos of meetings The complete rule book, now contains 669 pages of text. All of its content is there because it has at some time come up as a question of procedure somewhere. But the average person doesn't have to know all this to be able to function effectively in most ordinary meetings, or even to chair one. At least 80 percent of the content of RONR will be needed less than 20 percent of the time. The Roberts Rules In Brief is 88 pages in length and contains information you will most likely need to access. For an even more abbreviated version, the VSBA Essential Work Guide also has a chart of motions and the restrictions that apply to each on page 93. Questions re: Roberts Rules typically come up when a topic being debated is contentious. We advise chairs to brush up on Roberts Rules especially if they know a contentious conversation or debate is likely to occur at a meeting. If a question, or “Point of order” is raised, the chair should feel free to make a motion to recess in order to consult with the Rules, if necessary. Another good resource is robertsrules.com, which has a question and answer forum and a list of frequently asked questions.

Obey Open Meeting and Public Records Laws 1 V.S.A. §312(a): All meetings of a public body are declared to be open at all times…No resolution, rule, regulation, appointment, or formal action shall be binding except as taken or made at such an open meeting. 1 V.S.A. §316(a): Any person may inspect or copy any public record of a public agency... 1 V.S.A. §317(b): Public record means any written or recorded information, regardless of physical form or characteristics, which is produced or acquired in the course of public agency business. 16 V.S.A. §554: School boards are public bodies subject to VT Open Meeting Law This means that all school board meetings, including meetings of committees and subcommittees, must be open to the public. Public must be given notice and a reasonable opportunity to be heard; the amount and type of notice depends on the type of meeting held (see pg. 76 of Essentials Guide) Board members should have school district email addresses to keep district business communication separate – all emails among board members can be subjected to an open records request Do not put anything in writing (including text message) that you would not want to see on the front page of the newspaper!

Follow Executive Session Requirements Boards must first meet in public session and then vote to enter executive session by a motion that “indicates the nature of the business” to be discussed. Permissible reasons for entering executive session are listed in 1 V.S.A. §313. No other matter may be considered. Boards may invite their attorney, administrative staff, and persons who are subjects of the discussion or whose information is needed. No binding action may be made in executive session. Ultimate action must be taken by motion and voted in open session (1 V.S.A. §313(a)). On page 77 of the Essentials Guide: The consideration of contracts, labor relations agreements, arbitration, mediation, grievances, litigation to which the board is or may be a party, and confidential attorney-client communications only if “premature general public knowledge would clearly place the…public body or person involved at a substantial disadvantage”; The negotiating or securing of real estate purchase options; The employment or evaluation of an employee; A disciplinary action against an employee, except if such an employee seeks a public hearing after formal charges are brought; A clear and imminent peril to the public safety; Discussion or consideration of records or documents that are not public documents under the access to public records act, provided that when the board discusses the exempted record it may not also discuss the general subject to which the record or document pertains; The academic records or suspension or discipline of students. School security or emergency response measures, the disclosure of which could jeopardize public safety

Facilitate Community Conversations Board meetings are public meetings, but they are not a meeting of the public 16 V.S.A. §554(b): a reasonable opportunity to appear and express views on any matter considered by the board shall be given to any person in the school district 1 V.S.A. 312(h): public comment shall be subject to reasonable rules established by the chair SUSAN The public can and should have a voice in board deliberations, but no person or group has the right to obstruct board deliberations. The chair needs to ensure the public feels welcome at meetings, while taking care that meetings stay focused on the agenda and remain productive. Boards should adopt a policy or practice that allows citizens an opportunity to speak within established time constraints before board action is taken.

Key Role of the Board Chair: Operations Promote lawful and ethical operation of the board SUE

Guidelines for Lawful and Ethical Operations Be clear you have no power outside the board One Voice Maintain confidentiality of executive session Confidentiality Assure that schools are well run but don't run them Oversight Avoid even the perception of conflict of interest Conflict of Interest Recognize and accept the validity of board decisions, even if you don't agree with them Majority Rules WHEN SUE IS FINISHED WITH THIS SLIDE: Paul emailed ahead with a couple of questions that we can address well here: First, he asked, What can the board chair do to other board members when they act out of line?  Is there any type of censure or procedure to remove the elected official similar to what is found in the legislature? He provided a little context as well: In executive session, one member has acted unprofessionally – swearing, verbally abusing, and even threatening the superintendent. The same member has lied to the rest of the board to influence the board’s vote on an action item. Finally, there have been multiple violations of board protocols and procedures. When the chair talked to the member to call out the behavior, it got worse, going from executive session to open meetings. SUE ANSWERS. The second question relates to what a board chair can do if an elected official, in this case, the district clerk isn’t performing his duties.

Establish a Code of Ethics As a board member I will Act within the scope of my official role Uphold the highest ethical standards Respect my peers, my constituents, and confidentiality considerations VSBA’s Essential Work Toolkit contains a model Code of Ethics for Vermont School Board Members – we will include it in the handouts which will be emailed to everyone who signed up for the webinar. The model code of ethics includes sections and more details on board members acting within the scope of their official role, upholding the highest ethical standards, and respecting their peers, constituents, and confidentiality considerations.

Manage Potential Conflicts of Interest Every board must have a conflict of interest policy. 16 V.S.A. § 563(20) Policy to avoid conflicts of interest to avoid the appearance of conflict of interest Legal and Ethical Duty of Board Members Board members with potential conflict should follow the procedure for disclosure and recusal Disclosure and Recusal Chairs can help board members hold each other accountable for following the policy Accountability Every board must have a conflict of interest policy . VSBA’s policy manual contains a model Board Member Conflict of Interest policy – it requires: Self Assessment of Conflict: When a board member becomes aware that she or he has a conflict or the appearance of a conflict He or she declares the nature and extent of the conflict for inclusion in the minutes He or she will abstain from voting or participating in the discussion of the issue giving rise to the conflict Written Complaints of Conflicts When a claim of conflict of interest against a board member is brought by another board member or member of the public, the board may hold an informal hearing, giving both parties an opportunity to be heard. The other board members will determine by majority vote whether the charge is supported by the evidence, and if so, what other steps, including censure, should be taken in response.

Resources for Board Chairs Visit the Board Chair Tool Kit at vtvsba.org for many additional resources. There’s also a tool kit with guidelines and supports for your reorganizational meeting. SUSAN

The Vermont School Boards Association Nicole Mace Executive Director nmace@vtvsba.org Sue Ceglowski Director of Legal and Policy Services sceglowski@vtvsba.org Susan Holson Director of Education Services sholson@vtvsba.org Kerri Lamb Director of Operations klamb@vtvsba.org www.vtvsba.org 800-244-8722  802-223-3580