Chapter 3 Local School Districts and Boards of Education

1. Chapter 3Local School Districts and Boards of Education Powers Meetings Holding of Office

2. Powers • States provide for operation of schools, through local school boards • Expressly granted powers: • defined • examples • Implied Powers: • defined • examples Chapter 3: LEAs and Boards of Education

3. Powers • Discretionary Acts: • defined • examples • Ministerial Acts: • defined • examples Chapter 3: LEAs and Boards of Education

4. Powers:Case Law • Board of Educ. V. Rockaway Twp. Educ. Ass’n (1972) • Summary: • Decision: (illustrates that school boards may not bargain away their responsibilities) Chapter 3: LEAs and Boards of Education

5. Powers:Case Law • State v. Whittle Commun. (1991) • Summary: • Decision: (illustrates that board members have no individual power) Chapter 3: LEAs and Boards of Education

6. Powers:Case Law • R.J.B. Properties, Inc. v. Board of Education of City of Chicago (2006) • Summary: • Decision: (illustrates attempt to challenge boards’ discretionary powers) Chapter 3: LEAs and Boards of Education

7. Powers:Case Law • Selected cases applicable to relevant circuit/state Chapter 3: LEAs and Boards of Education

8. Powers • What are the powers of local school boards in your state? • From where do their powers and responsibilities originate? Chapter 3: LEAs and Boards of Education

9. Meetings • Notice • Closed • Executive Sessions • Rules of Procedure • Voting • Minutes Chapter 3: LEAs and Boards of Education

10. Meetings:Case Law • Collinsville Community Unit Sch. Dist. No. 10 v. White (1998) • Summary: • Decision: (illustrates that not all meetings need be open to the public) Chapter 3: LEAs and Boards of Education

11. Meetings:Case Law • Blackford v. School Bd. (1979) • Summary: • Decision: (illustrates that private individual meetings with board members may constitute legal definition of “meeting”) Chapter 3: LEAs and Boards of Education

12. Meetings:Case Law • Levanthal v. Vista Unified Schl. Dist. (1997) • Summary: • Decision: (illustrates that attempt to set parameters on content of public comment violates freedom of speech) Chapter 3: LEAs and Boards of Education

13. Meetings:Case Law • Selected cases applicable to relevant circuit/state Chapter 3: LEAs and Boards of Education

14. Meetings • What are the laws and procedures governing school board meetings in your state? • Notice • Frequency • Public comment • Executive (or closed) session Chapter 3: LEAs and Boards of Education

15. Holding of Office • Selection of Board Members • Restrictions • Relatives • Dual office-holding • Conflict of interest • Removal or Disqualification Chapter 3: LEAs and Boards of Education

16. Holding of Office:Case Law • Johnson v. Augustine (2006) • Summary: • Decision: (illustrates difference between “domicile” and “residency”) Chapter 3: LEAs and Boards of Education

17. Holding of Office:Case Law • Rosenstock v. Scarage (1976) • Summary: • Decision: • State ex rel. Anderson v. Board of Educ. (1977) • Summary: • Decision: (both address legality of having relatives on same school board) Chapter 3: LEAs and Boards of Education

18. Holding of Office:Case Law • People v. Becker (1952) • Summary: • Decision: • Commonwealth ex rel. Matthews v. Coatney (1965) • Summary: • Decision: (both address conflict of interest) Chapter 3: LEAs and Boards of Education

19. Holding of Office:Case Law • Selected cases applicable to relevant circuit/state Chapter 3: LEAs and Boards of Education

20. Holding of Office • How do people become members of school boards in your state? • What are the qualifications for school board members? • What are your state’s conflict of interest laws? Chapter 3: LEAs and Boards of Education