Consistent governance in times of change

legal insights

By Kristin Lindgren-Bruzzone

hile the legal landscape for public education can be ever-changing, the current landscape includes rapid and significant changes beyond the norm. It is difficult even for an experienced education attorney to keep up with, but what of school board members?

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Vision reflects the consensus of the entire board, the superintendent and district staff, with input from the community, as to what students need in order to achieve their highest potential

The role keeps trustees “out of the weeds” in the day-to-day impacts of legal and regulatory changes, but the obligations to set district policy still require board members to engage with the legal landscape.

Boards set the long-term vision for their local educational agencies. According to CSBA’s publication “What it Takes to Lead,” the “vision reflects the consensus of the entire board, the superintendent and district staff, with input from the community, as to what students need in order to achieve their highest potential.” With stakeholders politically divided and the law constantly in flux, obtaining community input is easier said than done.

However, boards can navigate a chaotic external environment and still work to make policy that supports the best outcomes for students. By maintaining consistency, performing the work of setting district policy with fidelity and continuing to hear constituents on the issues that impact them, board members can be successful even in times of great change.

Trust in board hires

The superintendent is entrusted with keeping up to date with federal and state legal developments and implementing them operationally. Superintendents will likely lean heavily on outside legal counsel to navigate the legal landscape. It is important to allow both positions to continue to address issues as they come up, and to be confident that the board hired a superintendent and counsel who can do so. The superintendent’s evaluation is a good time to address any concerns and provide feedback as a board.

Collect and consider stakeholder feedback

Schools are often considered the center of the community and a safe space where families can find comfort and assistance as they navigate difficult periods. On the other hand, school board meetings are about as direct as democracy gets in the United States. Board members will hear from constituents on every topic under the sun, sometimes multiple times and sometimes not in the kindest or most productive manner, but it is important for board members to continue to listen and absorb the concerns and views of their constituents.

Continue to advocate

Board members are in a unique position to persuade their own elected officials to enact policy that supports their local educational agencies. CSBA provides opportunities throughout the year for advocacy, from action alerts that allow you to email the Governor or a representative in Congress to dedicated events like Legislative Action Week and Coast2Coast, the annual federal lobbying trip. These opportunities not only allow board members to advocate for funding and legislation but also provide a window into the lawmaking process, which can help to better hone their advocacy skills.

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Continue to seek out training and information

The best way to ensure that trustees are meeting their obligations to their LEAs is to continue to stay updated on the latest education-related legal decisions, learn best practices and strategies for leadership. As a member-focused association, CSBA strives to provide the information and training that board members need to fulfill their responsibilities and support strong outcomes for the state’s nearly 6 million students. While training might not seem like a priority during difficult times, it is actually even more important.

Maintain LEA operations

Internal consistency is more important than ever when there is a lot of external change. Board members can take comfort in the fact that merely performing their duties as normal has a meaningful impact on students and the larger school community. Adopting the Local Control and Accountability Plan, approving the budget and contracts, reviewing and adopting board policies and bylaws, and conducting productive meetings are all within the trustee toolbox and are just as important now — if not more so — than they are in a more stable legal environment. Now is the time to use your position to also ask relevant questions of the superintendent, administration and legal counsel.

As trustees continue to govern, CSBA will continue to support board members in creating success in these difficult times by providing training, workshops, legal updates and advocacy opportunities.

Kristin Lindgren-Bruzzone is CSBA General Counsel.

Please note that the information provided here by CSBA is for informational purposes and is not legal advice. Contact your LEA legal counsel or CSBA Legal Services at legalservices@csba.org for questions related to this information.

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