CHAPTER 1

THE LOCAL BOARD OF EDUCATION

LOCAL CONTROL

            Local communities elect representatives to local boards of education to serve as their trustees. The development of local boards is a result of the American thirst for representative democracy –the belief that those taxpayers and qualified voters of a district have the right to elect representatives who are accountable to them and not special interest groups.

 

PUBLIC OFFICE IS A PUBLIC TRUST

            A board member holds power in trust for everyone and every group in the school district, whether he/she is elected districtwide or by division. A board member does not honor that trust if he/she represents only family, political faction, neighborhood, or personal agenda. A board member must carry out responsibilities for the benefit and in the interest of all individuals and groups in the school district if the ideals of the American system are to be fulfilled.

 

A LOCAL RESPONSIBILITY

            The General Assembly and Kentucky Board of Education have delegated much of the responsibility for actually organizing and conducting educational programs to local school districts, governed by local boards of education, and to school-based decision making councils. This means that boards and councils are extensions of state government. A point not always understood is that local board members are state officers, deriving their authority and responsibility from the General Assembly. The school board has only the authority granted to it by the state. As a legal entity, the local school board has these powers:

1. Those expressly granted it by statute.
2. Those implied by necessity from the granting of specific powers and essential to the delivery of educational services.

            Kentucky law states that the local school board can do all things necessary to accomplish the purposes for which it is created (KRS 160.160). Local boards of education are public entities. They continue to exist regardless of membership change.

 

DUTIES

            The general powers and duties of the local board are outlined in KRS 160.290. Every school board member should obtain from the Kentucky Department of Education a copy of the School Laws of Kentucky, Annotated. However, board members should be extremely cautious in interpreting statutes. The advice of legal counsel should be sought.

            Among the other more important duties of the board are the following:

1.      Establish schools, acquire sites, and erect buildings.

2.      Adopt courses of study.

3.      Provide necessary services to pupils.

4.      Manage all funds and property.

5.      Make appropriate rules, regulations, and bylaws. (KRS 160.350)

6.      Appoint a superintendent of schools.

7.      Adopt a budget. (KRS 160.470)

8.      Take necessary action to levy needed taxes. (KRS 160.460-160.500)

9.      Assess individual student progress. (KRS 160.345)

10.  Adopt a plan for immediate and long-term strategies to address school safety and discipline. (KRS 158)

11.  Formulate a code of acceptable student behavior and discipline to apply to each school in the district

 

OTHER DUTIES

            In addition to specific statutory duties of the board, the board has general oversight responsibilities and other major functions, two of which follow. Other general responsibilities, including planning and policy making, are dealt with in detail in other chapters of this book. 

            EVALUATION

            Evaluating professional performance and education outcomes is a major function of the local board of education. It is an inherent duty and one of the most important and most difficult board activities. The board must not be arbitrary in its evaluations of the superintendent and district programs. In order to fulfill this crucial function the board must be kept informed by the superintendent of the needs, conditions, achievement, and progress of the school district. The board should require the superintendent to present evidence of the wisdom of measures he/she has advocated and give a strict accounting of the use of resources provided. Both oral and written reports should be presented at board meetings and information may sometimes be mailed to members. The board can require the superintendent to prepare an annual report for the record, summarizing the progress of the district and presenting other information for the board and community. The board should not accept bland assurances that things are going smoothly, but should ask probing questions, study the data, and make evaluative judgments based on the best available information.

            INTERPRETING AND REPRESENTING

            The board interprets the schools’ needs, programs and accomplishments for the community and also interprets the community's needs and aspirations for the professional staff.  Thus, the board represents the public to the schools and the schools to the public. This is a unique function of the American school board. In this two-way communication and interpretation, it is important that the board provide information about needs as well as about accomplishments. Improvements cannot be made until people become aware of the needs. Problems will not be solved until people become aware of them. Therefore, shortcomings and deficiencies should be discussed openly. But the shortcomings should not be stressed to the exclusion of the positive, so the community knows both the strengths and weaknesses of the school district. If residents can take pride in what is right with the school district, they may be encouraged to take action to correct what is wrong.

 

            While performing the informational, interpretive function, the board should not attempt to answer questions more appropriately addressed to the superintendent nor should it discuss personalities in public. Board members, individually and as a group, are in a position to maintain good school-community relations. They can do this by keeping the people intelligently informed of the purpose, value, conditions and needs of local public education and by keeping school personnel intelligently informed of the needs, hopes and aspirations of the public they serve.

 

BOARD MEMBER GOVERNANCE

            School board members must lead (govern) in such a way that they are continually improving the life of their communities through students’ achievement and success. According to Doug Eadie, speaker and author about board governance, “On the governance front, a new, far more dynamic board leadership model has emerged. This new governance model, which is characterized by a focus on high-impact board decision-making and proactive, creative board involvement, is radically different from the old-time ‘policy governance approach’ that focuses on rule-making rather than actual leadership.”

            This theory (and, ideally, practice) takes school board leadership to a new level.  It takes boards away from some previous practices that involved compliance and oversight, and puts boards in a much more critical position in their school district: one of commitment to high achievement for each and every student. 

            School board governance teams, then, have two critically important parallel streams of work to do. One area involves running “the business” (the district) itself.  The other stream of work is that of leading the school system: developing a clear vision, constantly assessing where the district is relative to that vision, and making adjustments and adopting new direction on the way to meeting the vision.

            Running the district includes such areas as policy making, budgeting, facilities, hiring the superintendent, monitoring student achievement and other duties, many of which are outlined in statute. For a delineation of the roles of the board and superintendent, please see Attachment 1 in Chapter 2; and Attachment 1 in Chapter 3.

            In the area of leadership and governance, the National School Boards Association has distilled this down to what it calls the Key Works of School Boards:

 

            Vision

• Create district and community consensus on achievement objectives.
• Clearly define expectations for what students should know and be able to do.
• Quantify those expectations and set agreed-upon measures for achievement.

 

            Standards

• Establish clear standards for student performance and communicate them continually.
• Base standards on an external source that has credibility in the community. The state of Kentucky has already established these standards for all students in the state.
• Disseminate standards clearly and widely to students, staff and community.

 

            Assessment

• Ensure that assessments are tied to established standards In Kentucky, the CATS assessments are directly tied to the standards.
• Use multiple, ongoing assessment measures. The CATS test consists of multiple, ongoing assessment measures.
• Ensure that assessments are explained to the community.

 

            Accountability

• Measure the performance of all school staff members, administrators, and the school board itself against student achievement objectives.
• Continually track progress and report results honestly.

 

            Alignment

• Align resources to ensure students meet standards.
• Include the community in the review of the district budget and management process.
• Ensure that resources support parents in helping their children with schoolwork.

 

            Climate

• Create a climate that supports the philosophy that all children can learn at high levels.
• Empower staff to meet the needs of all students.
• Model mutual respect and professional behavior in school board meetings and with school district superintendent and staff.

 

            Collaborative Partnerships

• Build collaborative relationships with political and business leaders to develop a consensus for student success.
• Communicate regularly with federal and state officials about student achievement.
• Model behavior that emphasizes trust, teamwork, and shared accountability.

 

            Continuous Improvement

• Commit to continuous education and training on issues related to achievement.
• Use data on student achievement to set priorities for allocating resources.
• Adjust strategic plan on the basis of data and community input.

 

BOARD MEMBER ELECTION

            Except in Jefferson County and special cases resulting from school district merger, boards of education in Kentucky consist of five members. Board members are elected on a nonpartisan ballot in even-numbered years, for a term of four years. Terms are staggered so that the terms of not more than three members of a local board expire at the same time. In independent school districts, school board members are elected at large. In county school districts, members are elected from divisions as provided in KRS 160.210.

            KRS 161.164 prohibits school district employees from participating in specified political activities involving school board elections, including taking part in the management of any political campaign for school board. In turn, school board candidates may not solicit or accept any political assessment, subscription, contribution, or service of any employee of the school district.

            Employees may have limited participation in board candidate campaigns. Activities such as placing signs on their own property or putting bumper stickers on their own vehicles, and general discussion about the election are not prohibited.

 

BOARD MEMBER QUALIFICATIONS

            To serve on a local board of education a person must meet the following qualifications (KRS 160.180):

1. Be 24 years old.
2. Have been a citizen of Kentucky for at least three years preceding his/her election and be a voter of the district for which he/she is elected.
3. Have completed at least the 12th grade or been issued a GED certificate or been elected prior to July 14, 1990 with no lapse in service.
4. Have signed an affidavit under penalty of perjury certifying completion of the 12th grade or the equivalent as determined by passage of the 12th grade equivalency examination held under regulations adopted by the state board of education, and have filed an affidavit with the nominating petition required by KRS 118.315.
5. Does not hold a state office requiring the constitutional oath and is not a member of the General Assembly.
6. Does not hold or discharge the duties of any civil or political office, deputyship, or agency under city or county government.
7. Is not, at the time of his/her election, directly or indirectly involved in the sale to the board of books, stationery, or any other property, material, supplies, equipment, or services for which school funds are expended.
8. Has not been removed from membership on a board of education for cause.
9. Does not have a father, mother, brother, sister, husband, wife, son, daughter, aunt, uncle, son-in-law, or daughter-in-law employed by the school district. This does not apply to a board member holding office on July 13, 1990 whose relative was not initially hired by the district during the tenure of the board member.
10. Meet in-service requirements as specified in KRS 160.180.

 

BOARD MEMBER VACANCIES

            Any vacancy that occurs on the board must be filled by the commissioner of education within 90 days after the vacancy occurs. The appointed member shall meet the eligibility requirements in state law and shall hold office until his/her successor is elected and has qualified. The local board may make nominations and any person may nominate himself/herself or another for the office. The commissioner may establish a committee to interview candidates and to make a recommendation.

            If a vacancy has an unexpired term of one year or more at the next regular November election after the vacancy occurs, the unexpired term shall be filled in an election at the next regular November election after the vacancy occurs. The elected member shall succeed the member chosen by the commissioner.

 

BOARD OFFICERS

            CHAIRMAN

            The chairman presides over meetings of the board. He/she is appointed by the board. An effective chairman will keep the discussion focused on the topic under consideration, will encourage the contributions of each member, and will give attention to all questions. He/she will lead but not dominate the meeting. The chairman can vote and make motions. The chairman signs most official board documents, including orders of the treasurer and contracts (The superintendent or designee signs purchase orders and personnel contracts).

QUESTIONS

v     May a person vote for himself/herself for chairman?

Yes.

v     May the board conduct a secret ballot election for officers of the board?

No. All votes must be made in public. (Exceptions are made for discipline actions against students)

v     May the board go into executive session to discuss the appointment of the chairman?

No. This is not an allowable reason for executive session.

 

            VICE CHAIRMAN

            The vice chair presides in the absence of the chairman.

            BOARD SECRETARY

            State law says a board of education shall appoint a secretary for a term of one, two, three or four years. The secretary is an officer of the board and not an employee. The secretary reports, and is responsible to, the board. The superintendent has no role in the appointment of the board secretary. The secretary shall not be a member of the board of education.

            The secretary keeps the minutes of the board. The minutes should be clear, concise, legible, and, above all, accurate. The minutes should show:

1. The place, date, and hour of the meeting.
2. The names of members present.
3. The transactions of the board, including the names of persons making and seconding motions, and the name of each person voting and how he/she voted.

            During meetings, the secretary must record all official proceedings in a book that shall be a public record open to inspection. The secretary is the official custodian of all securities, documents, title papers, and other papers of the board under such conditions as the board directs. The superintendent may serve as secretary to the board. The secretary, when other than the superintendent, must make all records, and information contained in those records, available to the superintendent at any time upon request. A superintendent who serves as secretary to the board cannot receive compensation in addition to his/her regular salary. When someone other than the superintendent serves as secretary, the board may fix a reasonable salary.

            The secretary also signs all orders of the board and sees that the chairman countersigns them. The secretary shall call a special meeting of the board when requested by the chairman or by three members of the board. State law requires the secretary to attend board meetings except when his/her own tenure, salary or the administration of his/her office is under consideration.

 

            TREASURER

            State law requires each board of education to elect a treasurer. The board may elect its secretary to serve as treasurer. The election of the treasurer does not require the recommendation of the superintendent. Although not required, it is recommended that the board employ as treasurer someone with accounting experience, preferably a certified public accountant. The treasurer reports to, and is responsible to, the board. The board may remove the treasurer from office at any time for cause by a majority vote.

            The treasurer pays all bills of the board, receives all money due the district and deposits it in a designated depository. Kentucky law requires the treasurer to execute a bond guaranteed by an authorized surety company. The premium on the bond is paid by the board. Duties of the treasurer include the following:

1. Maintaining responsibility for all funds belonging to the school system.
2. Keeping an accurate record of all receipts and disbursements.
3. Preparing periodic reports and financial statements.

            BOARD ATTORNEY

            Appointment of a board attorney is at the discretion of the board. However, the complexity of school issues, from special education law to due process for employees, will require legal advice from some source. If an attorney is appointed, care should be taken in arriving at the terms of the agreement. If he/she is put on a retainer the agreement should clearly specify services included as part of the retainer, and the costs for services outside the retainer. The board should also delineate the persons authorized to contact the attorney. Usually, only the superintendent and the board members have that authorization.

            An attorney who is well-versed in federal and state laws, due process laws, and court rulings that affect public schools can be an invaluable asset to a board. The National School Boards Association's “Becoming a Better Board Member” publication lists the following areas where an attorney can assist the board:

• Reviewing board minutes to ensure that all board actions are legally sound.

• Determining whether board-meeting procedures comply with law.

• Advising the board on the interpretation of statutes, charters, court mandates, contract language, and other technical matters of law.

• Writing board policy in clear, precise English.

• Reviewing the board's policy manual to ensure that all legal requirements have been addressed in policy and that existing policies are legally sound.

• Reviewing all contracts and advising the board in contract negotiations.

• Reviewing all procedures relative to the employment of personnel.

• Preparing or reviewing board invitations for bids, job specifications, construction, and other contracts.

• Advising the board on due process procedures and the conduct of hearings.

• Reviewing all procedures and regulations regarding the rights and responsibilities of students and pupil discipline.
• Reviewing federal programs to determine what constitutes legal compliance.

            Although an attorney can provide a valuable service to boards, boards should guard against the attorney becoming a policy maker or getting involved in the administration of the schools. The board attorney should not determine what decisions should be made. The superintendent and staff must be the major advisors to the board on district policy and operations. The role of the attorney is to explain the legal implications of board decisions or actions and to present options for decisions based on legal interpretations. The attorney also should point out any legal problems that may arise from a proposed action of the board. 

 

BOARD MEMBER IN-SERVICE

            The annual in-service requirements for all school board members are: 12 hours of training for board members with zero to three years of experience; eight hours of training for school board members with four to seven years of experience; and four hours training for school board members with eight or more years of experience. KSBA is recognized as the provider of eight hours of in-service training for board members who are required to obtain 12 hours annually. New, inexperienced board members must acquire training hours from among the following topics: school law, school finance, community relations, policy development, personnel relations, instructional programs, superintendent/board relations, goal setting/decision making, employment and evaluation of the superintendent, and educational services provided for the gifted and other special population children.

            Board members cannot receive any salaries, but may receive a per diem of $75 and their actual expenses for each regular or special meeting attended. Board members also receive this same per diem for training that is required by law. Expenses incurred within the district may not exceed more than $2,000 in any one calendar year. Per diems may not exceed more than $2,000 in any one calendar year. For members in counties containing a city of the first class, the limitation is $3,000.

 

CORPORATE NATURE OF BOARD

            Kentucky law states, "each board of education shall be a body politic and corporate with perpetual succession." (KRS 160.160) That means that legally, a school board is a public corporation, an important concept. A corporation is a collection of individuals united in one legal body that continues to exist even as new members are seated, with specific powers. For a school board, this means the board is a public corporation that is local and exercises some limited governmental functions. The function of the school board is confined to the management and control of the public schools.

            Corporation officers are generally held to be immune from personal liability for corporate acts, providing they act in good faith. In the absence of fraud, collusion or gross negligence, they cannot generally be held liable as individuals for their acts as corporate officers. (See discussion under Personal Liability in this chapter.) School districts can sue and be sued, can hold and convey property, and have all the rights that a person might have.

 

PERSONAL LIABILITY

            State law allows school boards to purchase insurance to protect members when acting in an official capacity. Boards should discuss coverage with the superintendent and board attorney. Insurance will not protect board members who commit intentional bad faith acts, such as knowingly violating criminal law or intentionally violating a person’s civil rights. Board members who commit such acts may not be immune from legal action and may be held responsible by the courts.

 

LIMITS ON AUTHORITY OF INDIVIDUAL BOARD MEMBERS

            Individual members of the school board have no official power or duties, except when they are participating in a school board meeting, where they are a part of the corporate body.

            Only the actions of a board of education in legally held meetings have any validity or authority. Opinions, convictions and actions of individual board members have weight only as they contribute to the official decisions of the board. The board member, as an individual, has no individual authority over the schools or school personnel. A board member has a voice and a vote at board meetings, but outside of the meetings is a private citizen with no more right to direct the schools than any other citizen.

            It is the responsibility of the individual board member to stay informed about the public’s concerns about the schools, to listen to their opinions, and to help them secure needed information. The individual board member represents the public schools in the eyes of most community residents. Therefore, they may come to him/her with their problems and expect either promises or immediate action. The board member owes those residents courtesy and respect. He/she should discuss their problems with them, but should abstain from individual action or judgment and may need to refer the matter to the superintendent where appropriate.  Great damage may be done to the schools and to the board’s effectiveness if the individual member does not remember or fails to respect the fact that only the total board as a public body in a legally held meeting has any authority or right to make decisions and take actions.

            Here are some practical suggestions for handling such situations:

• If questioned by someone about a matter on which board policy has been established and clearly defined, an individual board member should give a straightforward answer in line with the policy.

• If approached about a matter which the board has not settled or has not established policy, an individual board member should not commit himself/herself to any position or promise other than to discuss the matter with the superintendent or to present it to the board for consideration, as appropriate.

• An individual board member should refer all complaints relating to instruction or personnel to the superintendent. If a solution is not found, the complainant may request to be placed on the board agenda and present his/her concern to the board. Board members should avoid "speaking for" a complainant at a board meeting.

 

CONFLICTS OF INTEREST

            A preceding section stated that Kentucky law prohibits any board member from being involved in the sale of any materials or services for which school funds are expended. The purpose of this provision is to prevent conflict of interest. A board member is a trustee. He/she must represent the public interest and cannot be placed in a position of receiving economic gain or promoting his/her own private interests through actions as a board member. Court cases and opinions of the attorney general have established the following points of law regarding conflict of interest:

• A financial conflict of interest either at the time of election or thereafter disqualifies a board member regardless of the nature of the interest.
  
   
• A school board member who is an owner or partner of a firm selling supplies to the school board must be disqualified from office. The fact that the amount of business involved is small and that full value was given are immaterial. Specific examples of persons who have been disqualified in Kentucky include the following:

 

1. A board member who purchased a building and rented it to the board for use as a superintendent's office.
2. A person who drove a school bus on Election Day for a county board of education.
3. A person who was interested in the sale of school bus services to the board of education on Election Day.
4. A board member who was president of a corporation that sold merchandise to the school board.
5. Board members who were partners in a firm that sold goods and insurance to their board.
6. A board member who was the principal stockholder in a bottling company that placed vending machines in the schools, the profits of which were used to buy school supplies.
7. A board member who owned a florist shop that sold flowers to a school in the district.
8. A board member who was sales representative of a company that sold paint to the district and received a commission on the sales.

            Disqualification of a member because of interest in the sale of supplies or services to the school is confined to monetary benefit that goes directly or indirectly to the member. If a spouse of a board member receives funds from the school district, this also may be considered a conflict for the board member, as the board member “indirectly” received the benefit.

 

INCOMPATIBLE OFFICES

            The Constitution of the Commonwealth of Kentucky provides that no person shall, at the same time, be a state officer and an officer or employee of any county, city, town, or other municipality. Because a school board member legally is a state officer, he/she cannot be a county or municipal officer or employee. A board member is disqualified when he/she accepts such appointment. Examples of offices the courts or the attorney general’s office has held are incompatible with school board membership include the following:

1. Member of a county board of health
2. Board member or superintendent of a city or county children's home
3. City council member
4. County election commissioner
5. Member of a county board of supervisors
6. County tax commissioner
7. Magistrate
8. Deputy sheriff

            The above list is not exhaustive, but illustrative. In addition, the courts have held that a teacher under contract is not eligible to serve on the school board in the same district that employs him/her. However, a teacher is eligible to serve as a school board member in a district where he/she is not under contract. A retired schoolteacher is qualified to become a member of the board of education, if other qualifications are met.

            Kentucky law does not prevent an individual from holding two state offices simultaneously, or from being a state officer and a state employee at the same time. Therefore, school board membership has been held compatible with state employment, such as inspector in the state department of motor vehicles, state parole officer, and maintenance supervisor of state-maintained roads. However, the Kentucky Constitution prohibits someone from serving in two positions, each of which requires the person to take the constitutional oath of office. Membership on many state boards, including higher education boards, may require the constitutional oath.

QUESTIONS

v     If a board member becomes a candidate for another elected political office, must the board member resign the office of local board member while campaigning?

No. The board member may continue to serve on the board until assuming the new elected office. Before assuming the elected office, he/she must resign as a school board member.

 

REMOVAL FROM OFFICE

            If, after having been elected, a board member does anything that renders him/her ineligible for reelection, the attorney general may request that the circuit court remove the board member from office, as outlined in KRS 156.132

            With charges in writing, the commissioner of education may also recommend to the state Board of Education the removal of a local board member that he/she has reason to believe is guilty of immorality, misconduct in office, incompetence, willful neglect of duty, or nonfeasance. (The state board, by a majority vote of its members, may bring charges without the recommendation of the commissioner.) The board member against whom the commissioner issues written charges must be provided with the charges and notified of the date and place to appear before the state board to answer the charges. The board member may be represented by counsel and may subpoena witnesses. The decision of the state board may be appealed to the circuit court and the state court of appeals.

QUESTIONS

v     Is the hearing before the state board private or public?

If the accused is a superintendent, the hearing is private or public at the discretion of the accused. The hearing is required to be public if the accused is a board member.

v     Both the attorney general and the state board can remove a board member. What is the difference in the two removal processes?

The attorney general files charges in circuit court for the removal of a board member for conflict of interest and/or qualification matters. The state board can remove a board member for immorality, misconduct in office, incompetence, willful neglect of duty, or nonfeasance. As stated earlier, the board member has the right of appeal through the courts in either case.

Some controlling statutes and regulations for this chapter: KRS 160.160; KRS 160.290; KRS 160.210; KRS 161.164; KRS 160.180; KRS 118.315; KRS 160.440; KRS 160.270; KRS 156.132