Page 16 - The Edge - Summer 2016
P. 16

GOVERNING BOARDS

        CONTINUED FROM PAGE 15                                   “There are a few areas where individual
           When it comes to the budget, normally the superintendent  board members are not covered, including
        and staff put together a rough version based on goals set by the
        Board. “For example, the Board may have a goal of reducing the   open-meeting law violations and confl ict-
        dropout rate,” Contreras said. “There is a line item in the budget   of-interest. For example, if a member
        for dropout prevention.”
           It’s up to the Board to approve or reject the proposed budget,   owns a business that can provide a service
        and perhaps recommend changes before giving final approval.
        Another area involves a district’s facility plan, which may cover   or commodity to a school, they have to
        such issues as when to repave parking lots, the need to build a
        new school in a growing district, upgrading the cafeteria, and   declare that confl ict. Depending on the
        whether to issue a bond or seek funds from the School Facilities
        Board. All actions recommended by the superintendent and   size of the district, that will determine how
        staff must be approved by the Board.
           The Board also OKs the purchase of books and supplies, the   much business the Board member can do
        curricula and criteria for promotion and graduation. Contreras   with the school. Also, using district funds to
        recalled a district that had a strict grading system for its high
        school. “The staff felt that the students couldn’t compete for   infl uence elections is prohibited.”
        scholarships because of the high expectations,” he said. “Their
        GPAs were too low. The Board put together a study group   — Panfi lo Contreras, owner of PHC Consulting and former Executive
        that included parents and teachers. They reviewed what other   Director of the Arizona School Boards Association
        districts were doing and submitted a recommended scale that
        was less strict.”                                         The Board also has the authority to approve requiring
           The Board also approves the purchase of school sites and  students to wear uniforms, but that authority is often left to the
        sets and enforces conduct standards for students, teachers and  individual schools in a district.
        administrators.                                           Board  members  are  liable for  almost  all  school  district
           Under ARS 15-342, the Board may, but is not required, to  actions, but are immune from personal liability for acts taken
        have a policy regarding the expulsion of students for bullying  within the scope of their authority, if acted upon in good faith,
        and other offenses. Many districts have a no-tolerance  and during a regular or special meeting of the Board.
        philosophy regarding weapons. “If a student brings a weapon   “There are a few areas where individual board members
        to school, some districts require that student to be expelled,”  are  not  covered,  including  open-meeting  law  violations  and
        Contreras said. “However, some districts don’t have that policy,  conflict-of-interest,” Contreras said. “For example, if a member
        but the superintendent can recommend suspension. And it’s up  owns a business that can provide a service or commodity to a
        to the Board to decide.”                               school, they have to declare that conflict. Depending on the size
           Boards can also review the decision of a teacher to promote  of the district, that will determine how much business the Board
        or retain a student. “A few years ago, the parents of a girl went  member can do with the school. Also, using district funds to
        to the Board, appealing a grade their daughter had received,”  influence elections is prohibited.”
        Contreras said. “The only authority the Board has is to review the   Contreras emphasized: “A Board member who attempts to
        process and the requirements for that grade. The Board cannot  speak for the Board, direct members of the staff or make other
        change the grade. If the superintendent supports the teacher  individual decisions without Board authority is acting outside
        and thinks the grade is fair, it stands. But if the superintendent  the law.”
        realizes the grade was wrong, they can change the score. It is   Advice for AASBO members on how to handle a request or
        very, very rare that a district Governing Board gets involved in  direction from Board members is to be respectful, repeat the
        something like that.”                                  request or direction, and respond that you understand the
           Boards can approve entering into intergovernmental  request or direction. Also, it is recommended that you advise
        agreements and contracts. Such agreements may include  the superintendent through your supervisor of the request or
        cooperating with another district for transportation, joint use  direction.
        libraries and swimming pools.                             “My ongoing concern is that some school Board members
           Governing Boards are not involved in disciplinary actions  believe they have more authority than they really do,” Contreras
        until the student, teacher or staff member faces suspension or  said.  “Often staff and employees run into that, and how to
        termination. If the Board approves the discipline, the individual  handle it. It’s important for employees to understand the role
        has the option to appeal – to the Board that upheld the action  and responsibilities of the Governing Board, what authority
        in the first place.                                    they have and how to deal with requests from the Board.”





                                                                                           THE EDGE  | SUMMER 2016
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