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

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The Role of the Supervisory Union BoardOversee 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 PrincipalBoard—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. MaceGeneral Counsel

VSBAnmace@vtvsba.org

800-244-8722