School Boards And the Law

Rebecca Roberts-Malamis, Esq.

Assistant to the Executive Director and In-House Legal Counsel

April 30, 2015

Overview

Qualifications to Hold Office

Powers and Duties of School Board Under the Law

Summary of Various Applicable Education Laws

What NOT to Do

Concluding Thoughts

“It’s Easier to Run for Office than to Serve In Office”

-Former House Speaker Tip O’Neill

Qualifications for School Director

A citizen of the Commonwealth of Pennsylvania;

A person of good moral character;

Age 18 years or over;

A resident of the school district for at least one (1) year prior to date of election or appointment.

Powers & Duties of School Directors

Duty to provide a “thorough and efficient system of education.”

Power delegated by General Assembly.

Power resides in COLLECTIVE action of the entire school board.

Individual Board member has no power.

School Board Responsibility

A School Board Has three primary responsibilities:

Planning

Setting Policy

Evaluating results

Planning

Boards are required to do strategic planning under regulations from the State Board of Education.

The Strategic Plan must be filed with the Department of Education.

The School Board sets goals for the District and for the Superintendent.

Setting and Adopting Policy

“The central responsibility of a board, both in theory and in law, is to be the policy-forming body.”

-Pennsylvania School Boards Association (PSBA)

Draft PolicyApprove/Adopt PolicyEvaluate Policy

Policy should include written goals and objectives for the district and parameters for actions.

Other Duties

Adopt Course of Study.

Establish the length of the school term.

Adopt textbooks.

Appoint Superintendents and hire necessary employees.

Other Duties (continued)

Enter into written contracts with professional employees and into collective bargaining agreements (CBAs).

Act 93TeachersSupport Staff

Adopt the annual budget.

Levy taxes.

Set tax collector rate.

Pennsylvania Laws….

State Statutes

Public School Code of 1949, as amended

Collective Bargaining Laws Act 195 Act 88 Act 93

School District/Board Procedures Act 1Sunshine LawRight to Know LawEthics Act

Act 1 of 2006

Law passed by General Assembly in 2006 to reduce reliance on property taxes as means to fund school district budgets and to place a limit on how much school district budgets can increase each year, without voter approval.

Requires school boards to get voter approval for any tax increase that exceeds an inflation index, the “Act 1” index. Ten exceptions to the index, three must be approved by the Court. Most common exceptions are: increases in health care benefits, increases in retirement expenditures, or unexpected special education expenses.

School Board Role in Employment Decisions

Collective bargaining agreements or Act 93 plans control pay increases for most employees.

Section 11-1151 governs demotions under school code.

Section 11-1124 governs suspensions and furloughs.

Section 11-1122 governs firing/terminations. Eleven reasons under school code.

School Board evaluates the Superintendent.

Superintendent and administrators evaluate all other employees.

School Employment Law and Collective Bargaining

At will employee vs. public school employee.

Due Process Requirements if Terminated or Discharged.

Notice of Charges.

Opportunity to Be Heard.

Reasons to Terminate Under School Code (24 PS 11-1122)

Immorality;

Incompetency;

UNSAT rating on two or more consecutive evaluations, including classroom observations, at least 4 months apart;

Intemperance;

Cruelty;

Persistent Negligence in Performance of Duties;

Reasons to Terminate Under School Code (24 PS 11-1122)

Willful Neglect of Duties;

Physical or Mental Disability that Substantially Interferes with Performance;

Advocating Un-American or Subversive Doctrines;

Conviction of Certain Felony Crimes;

Persistent Violation of School Laws including Policies Established by Local School Board.

Furlough/Suspension of Professional Employees

Cannot furlough employees for purely economic reasons.

Furlough is based on seniority and certification.

Furloughed employees are entitled to recall before new employees are hired.

Furloughed employees are entitled to unemployment compensation.

Pennsylvania “Sunshine” Law

Presumes all meetings are public unless specifically excluded.

Executive Sessions-Personnel Matters, Labor Relations, Real Estate, Litigation, Confidential Matters with Lawyer Present.

Board Conferences or Retreats.

Pennsylvania Right to Know Law

Presumes that all records held by state and local agencies are public records available for both viewing and copying.

Any item approved or discussed at a public board meeting is considered a “public” record and is subject to release under RTKL.

30 categories of records are exempt from disclosure, including records that if disclosed, would threaten homeland security or a person’s personal security, criminal investigative records, medical records, and certain personnel records.

Ethics Law

Focuses on specific concern of a public official or employees using their position for their own personal economic gain.

Two Categories of Compliance:

Disclosure

Avoidance of Conflicts of Interest

Don’t Let This Be You!

Individual school director (SD) goes to the district’s middle school to conduct their facility safety inspection.

During a softball game, a student who is being unruly is asked to leave the game by the district’s athletic director. The SD intercedes and tells the student he can stay and orders the AD to “stand down”.

Don’t Let This Be You!

SD finds a great deal on technology devices and signs a contract with a vendor on behalf of the district with a projected cost of $15,000.

SD visits the classroom to perform periodic classroom evaluations of teachers.

Concluding Thoughts

Focus on Student Achievement.

Set Clear Expectations For Achievement.

Create Conditions So the Work Can Succeed.

Do Not Micromanage

Hold the System Accountable.

Ask Questions When You Don’t Know.

Work Collaboratively with your Fellow Board Members.

Concluding Thoughts….-President Ronald Reagan

If there is one secret to success, it lies in the ability to get the other person’s point of view, and see things from that person’s angle, as well as your own…. Surround yourself with the best people you can find, delegate authority, and don’t interfere as long as the policy you have decided upon is being carried out.