The Legal Basis forThe Legal Basis forSchool BoardSchool BoardGovernanceGovernance

Chris ThomasChris ThomasASBA General Counsel/Director ofASBA General Counsel/Director of

Legal ServicesLegal Services

What We Will CoverWhat We Will Cover

Legal Structures School Governing BoardsLegal Structures School Governing BoardsOperate UnderOperate Under–– Governing Board AuthorityGoverning Board Authority–– Federal Law and Regulations, including U.S.Federal Law and Regulations, including U.S.

ConstitutionConstitution–– Arizona Law and Regulations, includingArizona Law and Regulations, including

Arizona ConstitutionArizona Constitution–– How Governing Boards Fit in EducationHow Governing Boards Fit in Education

Governance StructureGovernance Structure–– Importance of District PolicyImportance of District Policy

American System of EducationAmerican System of Education

Unique: school board made up ofUnique: school board made up ofmembers that are notmembers that are not ““expertsexperts”” inineducation but that are there to representeducation but that are there to representthe views of the community in settingthe views of the community in settingpolicypolicy

Thomas Jefferson: believed that anThomas Jefferson: believed that aneducated citizenry was essential foreducated citizenry was essential fordemocracy to function and that only ademocracy to function and that only asystem that guaranteed every member ofsystem that guaranteed every member ofthe public to be educated would workthe public to be educated would work

GOVERNING BOARDSGOVERNING BOARDS

Definition: instruments through which theDefinition: instruments through which theresidents of a school district exerciseresidents of a school district exercisedemocratic control over the public schoolsdemocratic control over the public schoolsin their communityin their community

School districts are political subdivisions ofSchool districts are political subdivisions ofthe state, deriving their legitimacy fromthe state, deriving their legitimacy fromlocal control authority granted from thelocal control authority granted from thestatestate

School District GoverningSchool District GoverningBoardsBoards -- MembershipMembership

Registered voters; reside in district for atRegistered voters; reside in district for atleast one year prior to electionleast one year prior to election

UnpaidUnpaid4 year term of office4 year term of office -- can be recalled;can be recalled;

appointments for vacancies (must run forappointments for vacancies (must run for4 year term at next election or special4 year term at next election or specialelection if called)election if called)

Almost 1,000 board members in stateAlmost 1,000 board members in state–– 230 districts, most have 5 members230 districts, most have 5 members

No authority as individualNo authority as individual

Title 15: ArizonaTitle 15: Arizona’’ssEducation CodeEducation Code

Because governing boards are politicalBecause governing boards are politicalsubdivisions of the state, they only havesubdivisions of the state, they only havepowers that are granted to them bypowers that are granted to them bystatutestatute --expressed or impliedexpressed or implied

Two Main Statutes for Governing BoardTwo Main Statutes for Governing BoardResponsibilities: 15Responsibilities: 15--341 and 15341 and 15--342342–– 1515--341341--mandatory: a list of things governingmandatory: a list of things governing

boards MUST doboards MUST do–– 1515--342342--permissive: a list of things governingpermissive: a list of things governing

boards CAN doboards CAN do

1515--341: Governing Board341: Governing BoardRequirements (List of 40)Requirements (List of 40)

Prescribe and enforcePrescribe and enforcepoliciespolicies

Provide a districtProvide a districtbudgetbudget

Maintain the schoolsMaintain the schoolsManage and controlManage and control

school propertyschool property Acquire schoolAcquire school

equipment, libraryequipment, librarybooks or suppliesbooks or supplies

Prescribe curriculaPrescribe curriculaand criteria forand criteria forpromotion andpromotion andgraduationgraduation

Purchase school sitesPurchase school sites Hold pupils to strictHold pupils to strict

account for disorderlyaccount for disorderlyconductconduct

Prescribe and enforcePrescribe and enforcepolicies for disciplinepolicies for disciplineof teachers, admin.of teachers, admin.

1515--342: Permissive Governing342: Permissive GoverningBoard Authorities (List of 33)Board Authorities (List of 33)

Expel pupilsExpel pupils Enter into leasesEnter into leases Review the decisionReview the decision

of a teacher toof a teacher topromote a pupil to apromote a pupil to agrade or retain a pupilgrade or retain a pupilin a gradein a grade

Enter intoEnter intointergovernmentalintergovernmentalagreements/contractsagreements/contracts

Suspend a teacher orSuspend a teacher oradministrator w/o payadministrator w/o payfor up to 10 daysfor up to 10 days

Require students toRequire students towear uniformswear uniforms

ReceiveReceivereimbursement fromreimbursement fromthe district forthe district fortravel/board trainingtravel/board training

Most Duties in 15Most Duties in 15--341 and341 and1515--342 are Delegable!!342 are Delegable!!

While governing board has oversightWhile governing board has oversightfunction, day to day operations of thefunction, day to day operations of thedistrict and the requirements of statutedistrict and the requirements of statuteare taken care of by district personnelare taken care of by district personnel–– ONLY DUTIES THAT ARE CLEARLY NOTONLY DUTIES THAT ARE CLEARLY NOT

DELEGABLE ARE DUTIES OF HIRING ANDDELEGABLE ARE DUTIES OF HIRING ANDFIRING PERSONNEL, PASSING A BUDGETFIRING PERSONNEL, PASSING A BUDGETAND EVALUATING THE SUPERINTENDENTAND EVALUATING THE SUPERINTENDENT

Liability of Governing BoardLiability of Governing BoardMembers (15Members (15--381)381)

Ultimately liable for almost all schoolUltimately liable for almost all schooldistrict actionsdistrict actions–– indemnified by district insurance coverageindemnified by district insurance coverage

Governing board members immune fromGoverning board members immune fromPERSONAL liability for acts takenPERSONAL liability for acts taken–– (1) in the scope of board member authority AND(1) in the scope of board member authority AND–– (2) if that authority is acted upon in good faith(2) if that authority is acted upon in good faith

ANDAND–– (3)(3) ““during duly constituted regular and specialduring duly constituted regular and special

meetingsmeetings””

Two Areas of Potential PersonalTwo Areas of Potential PersonalLiability: 1. Open Meeting LawLiability: 1. Open Meeting Law

Open Meeting Law Violations (38Open Meeting Law Violations (38--431.07):431.07):–– $500 maximum fine per violation$500 maximum fine per violation–– No reimbursement for attorney costs,No reimbursement for attorney costs,

including no reimbursement of plaintiffincluding no reimbursement of plaintiff’’sscostscosts

–– Possible removal from officePossible removal from office

2. Conflict of Interest2. Conflict of Interest

Two statutes governing conflictsTwo statutes governing conflicts–– 3838--503: General Conflict of Interest Statute503: General Conflict of Interest Statute

Applied to all elected officialsApplied to all elected officialsMust MAKE KNOWN IN THE PUBLIC RECORD anyMust MAKE KNOWN IN THE PUBLIC RECORD any

““substantial interestsubstantial interest”” of governing board memberof governing board memberin anyin any ““contract, sale, purchase or servicecontract, sale, purchase or service”” to theto thedistrict OR anydistrict OR any substantial interest in a decisionsubstantial interest in a decision bybythe governing board.the governing board.Must REFRAIN from voting or participating inMust REFRAIN from voting or participating in

decisions regarding the matter.decisions regarding the matter.Substantial interest = anySubstantial interest = any ““pecuniary or proprietary interestpecuniary or proprietary interest --

direct or indirectdirect or indirect -- other than a remote interest.other than a remote interest.”” (38(38--502)502)

Common Questions AboutCommon Questions AboutConflicts of InterestConflicts of Interest

What if my child is a student in the district?What if my child is a student in the district?–– Can vote on any issue that deals with studentCan vote on any issue that deals with student

population as a whole; would have to disclosepopulation as a whole; would have to discloseand disqualify if matter was aboutand disqualify if matter was about youryour childchild

Is it a conflict for a board member or boardIs it a conflict for a board member or boardmembermember’’s spouse to work in the district?s spouse to work in the district?–– Yes; board members are ineligible to serve in aYes; board members are ineligible to serve in a

district in which they or their spouses workdistrict in which they or their spouses work–– Board members and their spouses can volunteerBoard members and their spouses can volunteer

at the district but ONLY in a position that is notat the district but ONLY in a position that is notpaid or normally paidpaid or normally paid

1515--323: Special Conflict of Interest323: Special Conflict of InterestRules for Governing Board MembersRules for Governing Board Members

Two provisions of 15Two provisions of 15--323323 ---- Governing BoardGoverning BoardMembers cannot vote on:Members cannot vote on:–– anyany ““specific itemspecific item which concerns thewhich concerns the

appointment, employment or remunerationappointment, employment or remuneration”” ofofthe member or memberthe member or member’’s spouse or members spouse or member’’ssdependentdependent

–– employment of a member of the board or spouseemployment of a member of the board or spouseof a member of the board whose employmentof a member of the board whose employmentand membership on board is unlawful under 15and membership on board is unlawful under 15--421(D)421(D)cannot be employed by district or spousecannot be employed by district or spouse

employed by district and be governing boardemployed by district and be governing boardmembermember

Q.Q. Can board member contract withCan board member contract withthe district for goods and services?the district for goods and services?

Yes. As long as contract is awardedYes. As long as contract is awardedpursuant to the public bidding process andpursuant to the public bidding process andthe member abstains from deliberationsthe member abstains from deliberations–– School districts can also purchase goods fromSchool districts can also purchase goods from

a board member w/o public bidding ifa board member w/o public bidding ifpurchases do not exceed $300 per transactionpurchases do not exceed $300 per transactionor $1000 per year. (District policy allowing.)or $1000 per year. (District policy allowing.)

Be careful! Best to seek legal adviceBe careful! Best to seek legal advicebefore proceeding with district/boardbefore proceeding with district/boardmember contracts.member contracts.

Legal StructuresLegal StructuresGoverning Boards MustGoverning Boards Must

Operate UnderOperate Under

Federal Law andFederal Law andRegulationsRegulations

U.S. ConstitutionU.S. Constitution

First Amendment:First Amendment: ““Congress* shall makeCongress* shall makeno law respecting an establishment ofno law respecting an establishment ofreligion, or prohibiting the free exercisereligion, or prohibiting the free exercisethereof; or abridging the freedom ofthereof; or abridging the freedom ofspeech, or of the press; or the right of thespeech, or of the press; or the right of thepeople peaceably to assemble, and topeople peaceably to assemble, and topetition the Government for a redress ofpetition the Government for a redress ofgrievances.grievances.””

*Also applies to state and local governments through*Also applies to state and local governments throughjudicial interpretation of substantive due processjudicial interpretation of substantive due processrequirements of 14th Amendment (incorporation)requirements of 14th Amendment (incorporation)

School Districts and the FirstSchool Districts and the FirstAmendmentAmendment -- ReligionReligion

A school district may not inculcate norA school district may not inculcate norinhibit religioninhibit religion–– Establishment clause does not prohibit purely privateEstablishment clause does not prohibit purely private

religious speech by students (free exercise rights)religious speech by students (free exercise rights)–– Schools cannot provide religious instruction but canSchools cannot provide religious instruction but can

teachteach aboutabout religionreligion–– Schools have wide discretion to excuse students fromSchools have wide discretion to excuse students from

lessons for religious reasons and to grant studentslessons for religious reasons and to grant studentsrelease time to obtain religious instruction off campusrelease time to obtain religious instruction off campus

School Districts and the FirstSchool Districts and the FirstAmendmentAmendment -- Student Free SpeechStudent Free Speech StudentsStudents ““do not shed their constitutional rights at thedo not shed their constitutional rights at the

schoolschool--house door.house door.”” ((Tinker v. Des Moines Ind. Comm.Tinker v. Des Moines Ind. Comm.School DistSchool Dist.. -- 1969)1969)

However, the First Amendment Rights of students inHowever, the First Amendment Rights of students inpublic schoolspublic schools ““are not automatically coextensive withare not automatically coextensive withthe rights of adults in other settings and must be appliedthe rights of adults in other settings and must be appliedin light of the special characteristics of the schoolin light of the special characteristics of the schoolenvironment.environment.””

Question is whether it is schoolQuestion is whether it is school--sponsored speech orsponsored speech orstudent independent expression; even then the studentstudent independent expression; even then the studentexpression can be limited if the expression results inexpression can be limited if the expression results in““material and substantial interference with schoolmaterial and substantial interference with schooloperation of infringement of rights of others.operation of infringement of rights of others.””

School Districts and FourthSchool Districts and FourthAmendmentAmendment

Freedom from unreasonable searches andFreedom from unreasonable searches andseizures and warrants required after showingseizures and warrants required after showingof probable causeof probable cause

Standard for school searches of students isStandard for school searches of students is““reasonable suspicionreasonable suspicion”” that student violatedthat student violatedthe law or school rules (as opposed tothe law or school rules (as opposed toprobable cause which is general standard)probable cause which is general standard)–– schools have to show search wasschools have to show search was reasonable at itsreasonable at its

inceptioninception andand–– waswas reasonable in its scopereasonable in its scope

Federal Law: No Child LeftFederal Law: No Child LeftBehind or ESEABehind or ESEA

Otherwise known as ESEA reauthorization, HR1;Otherwise known as ESEA reauthorization, HR1;passed in January 2002passed in January 2002

Requires testing of all students in grades 3Requires testing of all students in grades 3--8 in8 inmath, reading and language arts; science;math, reading and language arts; science;

States determine proficiency levels and set timeStates determine proficiency levels and set timetables for all students to become proficient bytables for all students to become proficient by20142014

Schools measured by making Adequate YearlySchools measured by making Adequate YearlyProgress (AYP) toward proficiency with allProgress (AYP) toward proficiency with allstudentsstudents

Federal Law: No Child LeftFederal Law: No Child LeftBehind or ESEABehind or ESEA

Schools labeled as failing for not meetingSchools labeled as failing for not meetingAYP; transfer provisions take effectAYP; transfer provisions take effect

Report Cards on schools for publicReport Cards on schools for publicAll teachers must be highly qualifiedAll teachers must be highly qualified

–– Elementary: need BachelorElementary: need Bachelor’’s Degree +s Degree +demonstration of competence in subject areasdemonstration of competence in subject areas

–– Middle & Secondary: BachelorMiddle & Secondary: Bachelor’’s Degree +s Degree +major in subject area or pass testmajor in subject area or pass test

Paraprofessionals: AA or testParaprofessionals: AA or test

Federal Law: IDEAFederal Law: IDEA

Individuals with Disabilities EducationIndividuals with Disabilities EducationAct (1975)Act (1975)–– Funding statute requiring grantees to provideFunding statute requiring grantees to provide

all children with disabilities aall children with disabilities a ““free appropriatefree appropriatepublic education (FAPE)public education (FAPE)”” andand ““relatedrelatedservicesservices”” in thein the ““least restrictive environmentleast restrictive environment””

–– requires Local Education Agency (LEA),requires Local Education Agency (LEA),usually the school district, to developusually the school district, to developIndividual Education Program (IEP) for eachIndividual Education Program (IEP) for eachchild with a disabilitychild with a disability

Federal LawFederal Law -- FERPAFERPA

Federal Educational Rights and Privacy ActFederal Educational Rights and Privacy Act(1974)(1974)–– designed to protect the privacy of a student'sdesigned to protect the privacy of a student's

education records (defined as all records thateducation records (defined as all records thatschools or education agencies maintain aboutschools or education agencies maintain aboutstudents)students)

–– gives parents the right to review and confirmgives parents the right to review and confirmthe accuracy of education recordsthe accuracy of education records

–– can be released only for specific and legallycan be released only for specific and legallydefined purposesdefined purposes

Overall Federal Role inOverall Federal Role inEducation is SmallEducation is Small

Only 12% of all funding comes from theOnly 12% of all funding comes from thefederal governmentfederal government

Vast majorityVast majority of legal and regulatoryof legal and regulatoryframework that governing boards need toframework that governing boards need tobe concerned with is provided by the statebe concerned with is provided by the statethrough its Constitution, Statutes, Rules,through its Constitution, Statutes, Rules,Regulations and Advisory Opinions.Regulations and Advisory Opinions.

Legal StructuresLegal StructuresGoverning Boards MustGoverning Boards Must

Operate UnderOperate Under

Arizona Law andArizona Law andRegulationsRegulations

Arizona ConstitutionArizona Constitution

Requires the Legislature toRequires the Legislature to ““provide forprovide forthe establishment and maintenance of athe establishment and maintenance of ageneral and uniform public school systemgeneral and uniform public school system””(Art. XI, Sec. 1)(Art. XI, Sec. 1)

Education is established as a fundamentalEducation is established as a fundamentalright ofright of ““all pupils between the ages of sixall pupils between the ages of sixand twentyand twenty--one.one.”” (Art. XI, Sec. 6)(Art. XI, Sec. 6)

State Academic StandardsState Academic Standards(15(15--701, A.A.C. R7701, A.A.C. R7--22--301)301)

Since 1996, covers what students shouldSince 1996, covers what students shouldbe learning at a certain point in theirbe learning at a certain point in theireducational pathseducational paths

AIMS test is based on standardsAIMS test is based on standardsIn 2002, schools had to sign affidavitsIn 2002, schools had to sign affidavits

that:that:–– 1) curriculum aligned1) curriculum aligned–– 2) teachers evaluated based on teaching2) teachers evaluated based on teaching stdsstds..–– 3) principals evaluated based on evaluation of3) principals evaluated based on evaluation of

teachers onteachers on stdsstds..

AZ LEARNS: 15AZ LEARNS: 15--241241Measures schools on three criteria: measureMeasures schools on three criteria: measure

of academic progress (of academic progress (elemelem), AIMS test,), AIMS test,dropout rate (HS), graduation rate (HS)dropout rate (HS), graduation rate (HS)

Sets baseline achievement for each schoolSets baseline achievement for each schooland targets that must be metand targets that must be met

Schools labeled based on performance:Schools labeled based on performance:excelling, highly performing, performing plus,excelling, highly performing, performing plus,underperforming, failing, failing negligentunderperforming, failing, failing negligent

Incumbent board members in failing schoolsIncumbent board members in failing schoolsmust have that on the ballotmust have that on the ballot

Certification & ContinuingCertification & ContinuingStatus: 15Status: 15--503, 15503, 15--531 et seq.531 et seq.

All teachers must be certified to teachAll teachers must be certified to teach Principals and superintendents must also havePrincipals and superintendents must also have

proper administrative certificatesproper administrative certificates Teachers treated differently depending on statusTeachers treated differently depending on status

as continuing (more than three years experienceas continuing (more than three years experiencew/ district) or nonw/ district) or non--continuing (less than threecontinuing (less than threeyears w/ district)years w/ district)–– continuing teacherscontinuing teachers -- strong due process rightsstrong due process rights

When contract must be offered is regulatedWhen contract must be offered is regulated --March 15, April 15, May 15 magic datesMarch 15, April 15, May 15 magic dates

Student DisciplineStudent Discipline

Governed by Title 15 (15Governed by Title 15 (15--840 et. seq.)840 et. seq.)Student privacy is high concernStudent privacy is high concern

–– hearing for suspension or expulsion is inhearing for suspension or expulsion is inExecutive Session unless parent wants it inExecutive Session unless parent wants it inopen; many boards appoint hearing officersopen; many boards appoint hearing officers

Distinction between gravity of action;Distinction between gravity of action;–– Expulsion or suspension of longer than 10Expulsion or suspension of longer than 10

days warrants automatic hearingdays warrants automatic hearing --suspensions of less than 10 days do notsuspensions of less than 10 days do not

Board Members Must StayBoard Members Must StayObjective!Objective!

Especially in the area of student orEspecially in the area of student oremployee discipline, it is important thatemployee discipline, it is important thatboard members stay objective and not beboard members stay objective and not beinvolved in matters before it comes toinvolved in matters before it comes tothemthem

If complaint comes in directly, try to referIf complaint comes in directly, try to refercomplaint into the chain of commandcomplaint into the chain of command

Avoidance of actual and perceivedAvoidance of actual and perceivedconflicts of interestconflicts of interest

Other Important State StatutesOther Important State Statutes

1515--901 et seq.: Adopting a Budget901 et seq.: Adopting a Budget1515--751 et751 et seqseq: English Language Learners: English Language Learners1515--213: School Procurement213: School Procurement1515--511 & AZ Constitution: Prohibition on511 & AZ Constitution: Prohibition on

gift of public fundsgift of public funds1515--977: Classroom Site Fund (Prop. 301)977: Classroom Site Fund (Prop. 301)

Legal StructuresLegal StructuresGoverning Boards MustGoverning Boards Must

Operate UnderOperate Under

Who Does What andWho Does What andHow Governing BoardsHow Governing Boards

Fit in ArizonaFit in Arizona’’s Educations EducationGovernance StructureGovernance Structure

Arizona LegislatureArizona Legislature

Large role in regulation of schoolsLarge role in regulation of schools–– FundingFunding: responsible for all state funding both: responsible for all state funding both

in terms of weight of items funded and thein terms of weight of items funded and theamount of funding for those weightsamount of funding for those weights

–– PolicyPolicy: can enact laws that govern curriculum,: can enact laws that govern curriculum,administration and local governance ofadministration and local governance ofschoolsschoolsschool districts: like cities or counties are politicalschool districts: like cities or counties are political

subdivisions of the statesubdivisions of the state

–– can delegate to State Board of Educationcan delegate to State Board of Educationpower to draft rulespower to draft rules

State LegislatureState Legislature -- OversightOversight

46% of all state spending46% of all state spendingSpecial committees that overseeSpecial committees that oversee

expenditure and operations of schoolsexpenditure and operations of schoolsAuditor GeneralAuditor GeneralHeadlines and anecdotes drive law makingHeadlines and anecdotes drive law making

–– Education Committee chairpersonsEducation Committee chairpersons

Arizona School Boards Association:Arizona School Boards Association:–– seek adequate funding and preserve localseek adequate funding and preserve local

control within cooperative frameworkcontrol within cooperative framework

GovernorGovernor’’s Role in Educations Role in Education

Can set the agendaCan set the agenda–– All Day Kindergarten, Prop. 301All Day Kindergarten, Prop. 301–– First draft budgetFirst draft budget

Sign and veto legislationSign and veto legislationBully pulpitBully pulpitAssistance with Federal Government andAssistance with Federal Government and

Congressional DelegationCongressional DelegationAppointments: SFB, SBOEAppointments: SFB, SBOE

State Superintendent of PublicState Superintendent of PublicInstructionInstruction

Statewide elected official (many states thisStatewide elected official (many states thisis an appointed position)is an appointed position)

Responsible for all executive andResponsible for all executive andadministrative functions of the ADEadministrative functions of the ADE

Executes policies of the State Board of EDExecutes policies of the State Board of EDCorrecting school budgets that do notCorrecting school budgets that do not

conform to state lawconform to state law

Arizona Department ofArizona Department ofEducationEducation

Led by State Superintendent of PublicLed by State Superintendent of PublicInstructionInstruction

Responsible for:Responsible for:–– administration of school financeadministration of school finance

disbursements and accountingdisbursements and accounting–– state reporting requirementsstate reporting requirements–– teacher certificationteacher certification–– publish annual reportpublish annual report–– dissemination of information about districtsdissemination of information about districts

State Board of EducationState Board of Education

11 members appointed by Governor to11 members appointed by Governor tostaggered 4staggered 4--year termsyear terms

““Exercise general supervision over andExercise general supervision over andregulate the conduct of the publicregulate the conduct of the publiceducation systemeducation system””

Minimum course of study for elementaryMinimum course of study for elementarygrades and requirements for high schoolgrades and requirements for high schoolgraduationgraduation

State Board of EducationState Board of Education

Responsible for adopting rules pursuant toResponsible for adopting rules pursuant tostatutory and legislative authority regardingstatutory and legislative authority regardingschool districts, teacher certificationschool districts, teacher certification

General supervision of the public schoolGeneral supervision of the public schoolsystemsystem

Prescribe minimum course of study andPrescribe minimum course of study andcompetency requirements for the graduationcompetency requirements for the graduationfrom high schoolfrom high school

Require testing by districts (AIMS & SATRequire testing by districts (AIMS & SAT--9)9)

State Board of EducationState Board of Education

Adopts criteria for school classificationAdopts criteria for school classificationsystem under Arizona LEARNS:system under Arizona LEARNS:underperforming, failing, performing,underperforming, failing, performing,highly performinghighly performing

oversees investigations for unprofessionaloversees investigations for unprofessionalor immoral conduct of certified employeesor immoral conduct of certified employees

State School Facilities BoardState School Facilities Board

Since 1997, responsible for theSince 1997, responsible for theconstruction and maintenance of schoolconstruction and maintenance of schoolfacilities based on state standards forfacilities based on state standards forconstructionconstruction–– School districts can build beyond stateSchool districts can build beyond state

standards but must pick up the cost throughstandards but must pick up the cost throughdistrict resources or Class B bonds approveddistrict resources or Class B bonds approvedby district votersby district voters

County School SuperintendentCounty School Superintendent

Authority over education of students inAuthority over education of students incircumstances outside normal operation ofcircumstances outside normal operation ofschool districtsschool districts–– unorganized territoryunorganized territory–– long distanceslong distances

Operates accommodation schoolsOperates accommodation schools–– located on military bases, unorganizedlocated on military bases, unorganized

territory, detention facilities, homelessterritory, detention facilities, homelessstudentsstudents

County School SuperintendentCounty School Superintendent

Handles accounting responsibilities forHandles accounting responsibilities forsome districtssome districts

Has election responsibilities:Has election responsibilities:–– fills governing board vacancies and conductsfills governing board vacancies and conducts

regular and special school district electionsregular and special school district elections

Parents of home school students requiredParents of home school students requiredto file affidavit with county supt., showingto file affidavit with county supt., showingintent to educate at homeintent to educate at home

County Attorney and AGCounty Attorney and AG

Important roles in representing andImportant roles in representing andassisting school districtsassisting school districts–– County attorney: primary counsel for manyCounty attorney: primary counsel for many

school districtsschool districts -- also have authority foralso have authority forcontract counsel or incontract counsel or in--house counselhouse counsel

Also enforcement agencyAlso enforcement agencyCan be immune from liability if relying onCan be immune from liability if relying on

an opinion from theman opinion from them

Site CouncilsSite Councils

Advisory to governing boardAdvisory to governing board–– governing board can delegate curriculumgoverning board can delegate curriculum

development or other powersdevelopment or other powers

Made up of a principal (serve asMade up of a principal (serve aschairman), teachers, parents, students,chairman), teachers, parents, students,representative from classified employees,representative from classified employees,community memberscommunity members

Charter SchoolsCharter Schools

Must follow financial reporting andMust follow financial reporting andhealth/safety lawshealth/safety laws

Exempt from almost all other laws in TitleExempt from almost all other laws in Title1515

Must be sponsored by State Board, StateMust be sponsored by State Board, StateBoard for Charter Schools or SchoolBoard for Charter Schools or SchoolDistrictDistrict

Charter must set forth terms andCharter must set forth terms andconditions of operationconditions of operation

Arizona School BoardsArizona School BoardsAssociationAssociation

–– 52 years; used to be state agency; private in52 years; used to be state agency; private in1974; statutory authority (151974; statutory authority (15--342 (8))342 (8))

–– NonNon--profit; Board of Directors governsprofit; Board of Directors governs–– 230 member districts230 member districts -- almost allalmost all–– ServiceService -- AdvocacyAdvocacy -- MembershipMembership–– Legal, Membership Services; GovernmentalLegal, Membership Services; Governmental

RelationsRelations–– Membership is school districts and boards;Membership is school districts and boards;

serve as resource to individual boardserve as resource to individual boardmembersmembers

Importance of PolicyImportance of Policy

Your local district policies shouldYour local district policies shouldencompass all laws you have to operatedencompass all laws you have to operatedunder and put in an easy to read formatunder and put in an easy to read format

ASBA Policy Services: subscriptionASBA Policy Services: subscriptionprogram available to member districtsprogram available to member districts–– new laws reduced to policy on periodic basisnew laws reduced to policy on periodic basis8080--85% of policy is mandated from law85% of policy is mandated from law

–– codification system for uniformity and ease ofcodification system for uniformity and ease ofuse (avoid duplication where possible)use (avoid duplication where possible)

–– Internet and personal service availableInternet and personal service available

Last words of adviceLast words of advice

Embrace your role as advocate for publicEmbrace your role as advocate for publiceducation in your district and beyondeducation in your district and beyond

Get trained!Get trained!–– BOLTS in January; Spring Legal Seminars inBOLTS in January; Spring Legal Seminars in

March, Summer Institute in JulyMarch, Summer Institute in July–– Law Conference in September!Law Conference in September!

Please fill out New Board Member SurveyPlease fill out New Board Member Surveyand INCLUDE eand INCLUDE e--mail address for importantmail address for importantupdatesupdates

Questions?Questions?

Cthomas@azsba.orgCthomas@azsba.org