New Trustee Orientation

1. New Trustee Orientation Ten School Board Myths and Truths presented by ASBA Legal Services Calgary: October 28, 2013 Red Deer: October 29, 2013 Lethbridge: November 1, 2013 Edmonton: November 4, 2013 Grande Prairie: November 6, 2013

2. Myth #1: School boards have no power. • Truth: The board of trustees is • the decision-maker • responsible for setting the overall direction for the system • responsible for making the system accountable • an advocate for public education

3. Myth #1: School boards have no power. • Truth: The board of trustees is • the students’ advocate • responsible for the selection and supervision of the superintendent

4. Myth #2: All school boards do is make policy decisions. • Truth: School Boards adjudicate on a number of specific types of matters • Hearing appeals of teacher transfers • Hearing recommendations for suspensions or terminations of teachers or the removal of administrative designations of principals • Hearing student expulsion recommendations

5. Myth #2: All school boards do is make policy decisions. • Truth: School Boards adjudicate on a number of specific types of matters • Appeals regarding access to, or issues about, accuracy or completeness of information on the student record • Section 123 of the School Act- any decision by an employee of the board that significantly affects the education of a student

6. Myth #3: If the debate gets too heated, the board can just go in camera. • Truth: The meetings of a board shall be held in public and no person shall be excluded from them except for improper conduct at that meeting (s.70). • May go in camera to discuss: • Security of the board’s property • Personal information of an individual • A proposed or pending acquisition

7. Myth #3: If the debate gets too heated, the board can just go in camera. • May go in camera to discuss: • Labour relations or employee negotiations • A law enforcement matter, litigation or potential litigation, including matters before administrative tribunals • Consideration of a FOIP request (s.18 AR 200/95)

8. Myth #4: I don’t have to vote if I don’t want to. • Truth: The chair and every trustee must vote for or against every question at a meeting unless the chair or trustee is excused by resolution of the board or the person has a pecuniary interest in the matter (s.72(2)).

9. Myth #5: I can’t vote on the bus driver collective agreement because my daughter is a bus driver. • Truth: A trustee is no longer deemed to have a pecuniary interest with respect to the monetary interest of a trustee’s son or daughter. However, the pecuniary interest of a trustee’s spouse or adult interdependent partner in a matter is deemed to be the pecuniary interest of the trustee (s.80(2)).

10. Myth #6: If I have a pecuniary interest in a matter, I can still participate in the discussion, as long as I don’t vote on it. • Truth: If a trustee has a pecuniary interest in a matter, the trustee shall (s.83): • disclose the general nature of the pecuniary; interest prior to any discussion of the matter • abstain from voting on any question relating to the matter; • abstain from discussing the matter; and • leave the room until discussion and voting on the matter has concluded.

11. Myth #7: I can look through my new babysitter’s student record to make sure she’s okay. • Truth: School boards must protect personal information by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure or destruction.

12. Myth #7: I can look through my new babysitter’s student record to make sure she’s okay • The Privacy Commissioner has stated that unauthorized access to personal information includes, “access by a public body’s employees, if those employees do not need to see the personal information in the course of their duties.” (OIPC Order 98-002) [emphasis added]

13. Myth #8: It’s my job to make surprise visits to schools and central office to observe and make inquiries. • Truth: Individual trustees must have authorization from the corporate board (by resolution) to take any actions on behalf of the board.

14. Myth #8: It’s my job to make surprise visits to schools and central office to observe and make inquiries. • Truth: No person shall (a) disturb or interrupt the proceedings of a school, (b) disturb or interrupt the proceedings of a school meeting or board meeting, or (c) loiter or trespass in a school building or on property owned by the board (s.27)

15. Myth #9: I can get a principal fired. • Truth: For most school boards, the board is only directly responsible for hiring, supervising, evaluating, and terminating the employment of a single employee: the superintendent. • The board may also be responsible for hearing recommendations from the superintendent for suspension or termination of teaching employees (unless the board delegates that power to the superintendent).

16. Myth #9: I can get a principal fired. • Truth: If a trustee gets involved or interferes in the investigation of other employees, the trustee may put the investigation and potential discipline of the employee at risk. At a termination hearing, the board owes the employee a duty of fairness (i.e. no bias, right to be heard, consider only evidence put before the board, etc.).

17. Myth #10: I am now a client of the school board’s legal counsel. • Truth: The school board is the client. • The school board’s legal counsel will, for the majority of matters, deal directly with the superintendent, secretary-treasurer or the board’s administrators. • The board’s lawyers will exercise professional judgment in the interests of the board as a corporation; not for an individual trustee.