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“Man was made at the end of the week, when God was tired.”

“Man was made at the end of the week, when God was tired.”. Mark Twain. DISTRICT FACING LAWSUIT. Parents Sue Over Program Decisions. IDEA IEP. AND GOD SAID:. “Let there be Satan so people don’t blame everything on me. And let there be lawyers so people don’t blame everything on Satan.”

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“Man was made at the end of the week, when God was tired.”

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  1. “Man was made at the end of the week, when God was tired.” Mark Twain

  2. DISTRICT FACING LAWSUIT Parents Sue Over Program Decisions

  3. IDEAIEP

  4. AND GOD SAID: “Let there be Satan so people don’t blame everything on me. And let there be lawyers so people don’t blame everything on Satan.” George Burns

  5. CBA 102 - Policy MICHIGAN ASSOCIATION OF SCHOOL BOARDS 1001 Centennial Way, Ste. 400 Lansing, MI 48917-9279 On the Web at http://www/masb/org

  6. Class Objectives - CBA 102 • Board members will: • Learn the legal parameters of board policy. • Understand the necessity of adopting well written bylaws. • Learn how to functionally use the “Four Steps” of policy making. • Be able to identify common policy errors. • Understand the distinctions between board policy and administrative rules. • Learn how to effectively oversee their adopted policies

  7. Why School Boards Need Policies!

  8. 1. Some are required by law in Michigan. (Examples: “Bylaws”, Purchasing Procedures, “Snap Suspensions,” Assaults, Sexual Harassment, School Safety, Locker Search.)

  9. 2. Guidance and direction for administration.

  10. 3. Policy shows the board operates from a philosophical, visiondriven basis.

  11. 4. Policy shows the board is fair, reasonable and evenhanded, not arbitrary and capricious.

  12. 5. Policy makes it easier for the board to obey the law and informs the public of its intent to do so.

  13. 6. Policy helps the board operate efficiently by making a single decision (policy) that applies across time, situations andindividuals.

  14. A centipede went to the wise old owl and complainedof the gout. Each of his hundred legs hurt. What could he do? The owl thought it over and advised the centipede to become a mouse. With four legs he would have only four percent of the pain. The centipede agreed, but he wanted to know how he could get to be a mouse. “Don’t bother me with that”, said the owl, “I only create policy around here!”

  15. Michigan State is just one big party - With a $12,500 cover charge

  16. “Policy” Defined “School Board Policies are statements that set forth the purposes and prescribe, in general terms, the organization and program of a school system. They create a framework within which the superintendent and the staff can discharge their assigned duties with positive direction. They tell what is wanted. They may, also, indicate why and how much.” (Developed by: National School Boards Association and The American Association of School Administrators.)

  17. Policy Hierarchy(Handout pp. 5-8)United States ConstitutionUnited States Supreme CourtUnited States Court of Appeals - 6th CircuitFederal LawFederal Agency Rules & RegulationsMichigan ConstitutionMichigan Courts (Supreme & other)Michigan StatutesMichigan Agency Rules & RegulationsMichigan Attorney General OpinionsBoard Bylaws & PolicyDistrict Administrative RegulationsBuilding Rules and RegulationsInstructor’s RulesStudent Government

  18. And About those Bylaws!!(Handout pp. 10-13) “The board of a general powers school district SHALL adopt bylaws. These bylaws may establish or change board procedures, the number of board officers, and any other matter related to effective and efficient functioning of the board.” MCL 380.11(6) Bylaws are the “Constitution” of the School District!

  19. A Board Bylaw Is: • Mandated by Statute, but Written and Adopted by the Board.

  20. Equivalent of the “Constitution” for the district, specifying : • The rules under which the school board operates • How tasks are divided • How meetings are conducted • etc. . . . .

  21. Examples: (Handout pp. 11-13) Public participation. Officer Titles; Duties; Terms. Criteria for filling a vacant seat. Media coverage (cameras). Special meetings. Board compensation.

  22. WHEW!! • It’s Time for a BREAK!! Get acquainted with a fellow participant! Make a new friend through CBA 102!!

  23. STEPS TO POLICY MAKING(Handout pp. 17-21) ALL Steps Are Equally Important! Step 4 Check for Related Policy or Procedural Issues. Step 3 Identify the MEASURABLE Outcomes. Step 2 Compose the Policy! Step 1 Establish the Vision and Goals

  24. Making the Steps Easier to Climb!

  25. The Vision/Goals: All the work we do in education should be tied, in some way, to the fundamental mission of the district: THE EDUCATION OF CHILDREN.

  26. When formulating a policy, a board member should begin and end with this question in mind: “How will this policy help educate our kids?”

  27. The vision or goals for a policy should answer the question “Why?” Why are we making this “law,” this district policy?

  28. Making the Steps Easier to Climb! • The Policy:This should be a CLEAR, CONCISE description of what the board wants or doesn’t want. It should answer, plainly, the questions What and Who? What is it the board wants to have happen? Who will make it happen? • The Objectives/Outcomes:Outcomes are a corollary to the What? Question. What will indicate that our policy is accomplishing the board’s wishes? One of the board’s key roles is in overseeing its policies. In order to do that, the board should have clearly in mind what the expected outcome from the policy should be before it enacts the policy. This gives guidance to the administrative and teaching staff, and helps ensure good board oversight.

  29. Common Policy Errors(Handout pp. 22 - 27) • Paraphrasing the Law – (but not always) • Inconsistent Usage • Preaching or “Sending Messages” • Are the Policies “beliefs?” • Multiple policies for the same issue. (combine and condense) • Lack of Clarity – Plain language is best. • Combining policy language with rule language.

  30. So What is an “Administrative Procedure? • Either details or outlines HOW a policy will be implemented. • IF you find yourself, as a board or board member, discussing HOW a policy is to be implemented, you are beginning to get involved in administration. STOP!

  31. As one Board President Recently Said: “While it is not our responsibility To WRITE Administrative Procedures And Rules, it IS our responsibility to See to it they ARE WRITTEN!!” Your main role regarding administrative rules/procedures is to ASK QUESTIONS! The answers you seek will help you determine whether your policy outcomes are being met. (Handout p. 32)

  32. Let’s Practice Some Things We’ve Learned Four Practice Exercises on Policy Writing for Board of Education Members. CBA 102 Robert B. Ebersole, J.D., Instructor

  33. You are the school board in Anytown, U.S.A. Substance abuse among your student population has the board at its wits’ end. It has tried everything - severe punishment when students are caught in possession, cooperative programs with law enforcement that include drug-sniffing dogs and every substance abuse education program in the book. Nothing helps, and the drug culture thrives. The high school principal has suggested that it is time for desperate measures - random drug testing of the entire student population. The board is interested but does not want to become the ACLU’s next target. What are the board’s chances of success in this endeavor, and what can they do to maximize those chances? POLICY ISSUES - OPTIONS ALTERNATIVES - INFORMATION/RESOURCESS NEEDS - POLICY RECOMMENDATION Policy Exercise #1

  34. Policy Exercise #2 You are the school board in Anytown, U.S.A. As usual, your district has greater needs than funds for programs to address those needs. The board has considered a number of innovative funding ideas, including a plan to sell advertising on school grounds. What kinds of decisions does the board have to make to determine if this idea will work? POLICY ISSUES - OPTIONS ALTERNATIVES - INFORMATION/RESOURCES NEEDS - POLICY RECOMMENDATION

  35. You are the school board in Anytown, U.S.A. Your board is very technologically advanced. Board members have been issued laptops and are linked to district offices and each other through the Internet. E-mail messages are flying fast and furiously. The board president and superintendent confer through e-mail about the agenda for the next board meeting; the board secretary sends a message to all members about an important bill in the legislature that impacts your district. Board members confer among themselves on revisions to the student dress code policy. Is there anything wrong with this picture? What should the board do? POLICY ISSUES - OPTIONS ALTERNATIVES - INFORMATION/RESOURCES NEEDS - POLICY RECOMMENDATION Policy Exercise #3

  36. Policy Exercise #4 For three years, the high school band and its boosters have been raising money for a trip to London, England, to perform in the New Year’s Day Parade. Parents have paid $600.00 deposits to the travel agent to reserve a space for their student. The Board has now, after considering September 11, 2001, decided to write a policy that regulates overnight or overseas travel. Some parents are demanding that the Board restrict all such travel and assist with obtaining deposit refunds. Other parents are demanding that the trip proceed so the “terrorists do not win.” POLICY ISSUES -OPTIONS ALTERNATIVES - INFORMATION/RESOURCES NEEDS - POLICY RECOMMENDATION

  37. Points to remember: It is the board’s role to make policy AND The Administrator’s role to implement policy AND The board’s role to oversee its policies. It's ALL for the Students!!

  38. Policy Maker’s Checklist • We refer you to pp. 35 – 46 at the end of your CBA 102 Handout. Look at the “Checklist” as you prepare for policy review/update/new policy development. • Please feel free to contact the MASB Bylaw and Policy Services Department any time you have a question. We are there to serve YOU!

  39. QUESTIONS are the primary tools that allow boards to build consensus and clarity about expectations; to become knowledgeable about teaching and learning issues.... and to hold the system accountable for desired results. And the added bonus is that when questions are asked for these reasons, the board... helps to build a culture of continuous improvement that everyone wants for his or her district. Angela Peifer Illinois Association of School Boards

  40. Thank You So Much!! • You’ve been a wonderful group with which to work! • This applause is for YOU!

  41. Please Complete the Evaluation Form Before Leaving!Your Comments are Valuable to Us!

  42. “In the first place God made idiots.This was for practice.Then He made school boards.” Mark Twain

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