Foundations of Effective Board Operation Nicole L. Mace Vermont School Boards Association

Foundations of Effective Board Operation  Understanding the role of the board  Conducting lawful and productive meetings  Handling complaints from the public  Ensuring ethical board behavior  Understanding the board’s role in the hiring process

The Role of a School District Board The school board acts as trustees on behalf of the community to provide oversight of public education, assuring:  High quality education for every student  The public gets good return on its investment  The system operates efficiently, effectively and ethically 3

The Role of the Supervisory Union Board Oversee the functioning of the Supervisory Union, assuring mutual accountability with the superintendent on behalf of all member boards and the supervisory union  Assure every student in the supervisory union receives a high-quality education.  Assure effective delivery of services, including special education, transportation, food service, and business management.  Seek greater student opportunity and operating efficiency.

The Essential Work of School Boards Engage the community Create a vision Employ a superintendent to lead in achieving the vision Establish policy parameters Adopt a budget to support the vision Monitor progress toward the vision Negotiate contracts that are aligned with student needs, vision, and community expectations

The Board, the Superintendent, and the Principal Board—vision, policy, resources, accountability Superintendent—systems leader and CEO for the District, accountable to SU Board and member boards Principal—educational leader for school

Conduct Lawful & Productive Meetings  Build effective agendas  Follow open meeting laws  Facilitate complex community conversations

Build Effective Agendas

Follow Open Meeting 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. §310: “Public body” means any board, council, or commission of the state or instrumentality of the state, or any committee of any of the foregoing boards…  1 V.S.A. §310(2): “Meeting” means a gathering of a quorum of the members of a public body for the purpose of discussing the business of the public body or for the purpose of taking action.

Follow Open Meeting Laws  Agendas must be posted to the district’s website (if one exists), the municipal office and two designated public places  48 hours prior to regular meeting  24 hours prior to a special meeting  Any addition to or deletion from the agenda must be made as the first act of business at the meeting  Minutes shall be taken of all meetings, cover all topics and motions that arise, and give a true indication of the business of the meeting (1 V.S.A. §312(b)).

Follow Open Meeting Laws  Penalties for failure to follow the law can be significant:  Aggrieved party must allege a specific violation and make a request for specific actions to cure the violation  Public body has 7 business days to respond  If acknowledge a violation, have 14 calendar days to cure it and take measures to prevent its reoccurrence  Failure to correct a violation could result in attorney’s fees and other litigation costs

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

Handling Complaints  Receive complaint  Follow district complaint policy and procedures  Inform chair and administrator  Follow up later with complainant, if appropriate  Board final level of complaint appeal - not first

Guidelines for Lawful and Ethical Operations  School board members:  Assure that schools are well run, but do not operate the school  Have no legal powers outside of the board  Must maintain the confidentiality of executive session  Must avoid conflict of interest or perception  Should recognize the validity of board decisions, even if don’t agree with them

The Board’s Role in the Hiring Process  Superintendent has the responsibility to nominate candidates for licensed positions; the board has the responsibility to approve or disapprove of the superintendent’s recommendation.  Superintendent has the authority to dismiss licensed staff subject to protections in the collective bargaining agreement.  Non-licensed staff may be hired and dismissed by the superintendent without board approval.  Board serves as a quasi-judicial body responsible for hearing cases that arise due to dismissal or discipline of an employee. Employees are entitled to a full, fair and impartial hearing before the board.

Questions?

Contact Information Nicole L. Mace General Counsel VSBA