Roles and Responsibilities of School Boards
Since I have joined the Brunswick School Board, I have attended several training sessions that presented information on Maine school law as it relates to school boards. At one of the sessions, I received, Maine School Law and Practice for Board Members, written by Drummond/Woodsum law firm and edited by Larry Pringle, Ann S. Chapman, and Eric R. Herlan. The Maine School Management Association also publishes, MSBA Handbook: A Guide for Maine School Board Members and Maine School Superintendents. I have found these resources to be helpful in understanding my role as a school board member. Recently, our board had a refresher workshop on our role as a school board member presented by Melissa Hewey, an attorney at Woodsum and Drummond law firm.. This workshop reviewed the most basic, yet probably misunderstood, powers and duties of Maine school boards which is set forth in Maine law:
"a school board 'acts as a public board. It in no sense represents the town. Its
members are chosen by voters of the town, but after the election they are public
officers deriving their authority from the law and responsible to the State for the
good faith and rectitude of their acts'."
Ms. Hewey went on to say that school board members do not represent constituents, but rather represent what is best for the school department. It is difficult to reconcile this. The school department is made up of students of all ages with varying learning styles and educational aspirations. The school department also includes many employees, including teachers, support staff, and administration all who have different roles, but all responsible in their own way for creating a safe, welcoming learning environment for students. A school board protects the right of students to a public education, a free appropriate education for those with special education needs, and other support services such as transportation to and from school by following pertinent laws. A school board protects the rights of employees to due process. In summary, a school board, who acts as a whole, not as individuals, is:
A Legislative body and policy maker which
1. adopts policies and budgets
2. adopts a course of study that aligns with Maine's Learning Results
3. adopts a student code of conduct, emergency plans, etc.
A Judicial body which
1. decides student expulsions
2. teacher and principal dismissals
An Employer who
1. selects and supervises a superintendent
2. approves teacher/principal nominations
3. eliminates teacher/principal positions
4. builds, manages, repairs, insures school buildings
It's a balancing act to hear individual constituents' concerns, follow the laws, and promote what is in the best interest of the school department and all students. It's a balancing act to present a budget that advocates for a comprehensive education for all students to the Town Council which does represent the town. It's a balancing act when interest groups use formal and informal powers to influence a school board or one member to do something that falls outside of the legislative, judicial, employment responsibilities of a school board. It's a balancing act to balance current needs with unknown future needs when building a new school knowing it is a huge financial investment for taxpayers. It's best to listen and solicit the recommendations of the superintendent, who in consultation with employees, knows the strengths, needs and constraints of the whole school department. School boards will then find what's best for all students and employees and, thusly find what's best for their school departments. Finding the balance, finding the 'sweet spot' is delicate indeed.
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