Using Your Power to Hold School Boards Accountable

By: Heather Boyer-Younkin

School Boards 101

The School Board is elected by the registered voters who live within the School District.  The School Board sets priorities, establishes/reviews policies and evaluates district operations. They make policy decisions that are in the best interest of the students.  They are responsible for hiring a Superintendent, a Treasurer and evaluating their job performance.  While commonly thought to be the case, School Boards typically do not get involved in the day-to-day operations of the school.  That is left to the Superintendent. ⁽¹⁾

The Superintendent identifies needs and policies, develops regulations, provides leadership and manages the day-to-day operations of the district.  The Superintendent makes recommendations to the School Board for things such as new policies, changes to current policies, hiring new employees, etc.  Superintendents implement board approved policies and ensure they are followed by the school staff.  They are also responsible for interviewing, hiring and evaluating staff.

For simplicity, I’ve provided a flow chart so you can see the ‘chain of command’, if you will, within a School District.

In most Districts, the Superintendent reports to the School Board; however, there are some Districts that have abdicated their decision and policy making powers to the Superintendent.  It is important that you determine who has these powers within your School District so that if/when the time comes, you know who can be held accountable.

Each Board Member is required to take the Oath of Office ⁽²⁾.  This may be given by the Treasurer, any member of the board, a member of the General Assembly, judge of a court or any notary public.  It may look something like the Oath of Office below:

Do you solemnly swear (or affirm) that you will support the Constitution of the United States and the Constitution of the state of Ohio; and that you will faithfully and impartially discharge your duties as members of the board of education of the _______________________ school district, _______________ County, Ohio, to the best of your ability, and in accordance with the laws now in effect and hereafter to be enacted, during your continuance in said office, and until your successor is elected and qualified?

The answer is: “I do.”

_____________________________________ Member’s Signature ⁽³⁾

School Boards meet regularly, and the dates and times are set up at their organizational meeting.  They must adopt a rule on how they will notify people when these board meetings take place.    These are meetings that were not set at the organizational meeting.  The notice for these meetings must provide the time, place and purpose of the meeting and be sent at least 24 hours in advance to news media that have requested to be notified. ^(4,6) Each board member must be given at least two (2) days written notice prior to the meeting date.  Only topics related to the stated purpose of the meeting can be discussed. ⁽⁴⁾

There may be times when a School Board needs to hold an “Executive Session”.  However, there are only six (6) topics that can be discussed during Executive Session: ⁽⁴⁾ 

1. The appointment, employment, dismissal, discipline, promotion, demotion or compensation of an employee or official, or the investigation of charges or complaints against an employee,
2. official, licensee or student, unless the employee, official, licensee or student requests a public hearing.
3. The purchase of property for public purposes or the sale of property at competitive bidding.
4. Conferences with the board’s attorney to discuss matters which are the subject of pending or imminent court action.
5. Preparing for, conducting or reviewing negotiations or bargaining sessions with employees.
6. Matters required to be kept confidential by federal law or rules or state statutes.
7. Specialized details of security arrangements.

Executive sessions are for the purpose of deliberations only.  No action may be taken during an executive session. ⁽⁴⁾

While nearly all Ohio School Boards have a policy in place that allow for public participation in School Board meetings, the law does not require it.  School Boards have the right to adopt a policy to limit public comments to only the items on the agenda, the total time allowed for public comment and even to allow them to suspend their public participation policy temporarily.  They also do not have to respond to comments from the public. ⁽⁵⁾

School Boards are required to keep full and accurate minutes of its meetings, but they don’t have to be an exact transcript of every word said.  They must be promptly prepared, filed and made available for public inspection. They should be clear enough that anyone who was not present during the meeting can read and understand them. ^(5,6)

They cannot prohibit the public from recording board meetings.  They can; however, require recording equipment to be silent, unobtrusive, self-contained and self-powered.  This way, it doesn’t interfere with anyone else’s ability to hear, see and/or participate in the meeting. ⁽⁵⁾

Next up… Robert’s Rules, Parliamentary Procedure, Agendas, Open Meetings Act (OMA) and Ways in which a School Board may amend or rescind a policy after adoption

⁽¹⁾ Understanding the role of the school board | Ohio School Boards Association

⁽¹⁾ Understanding Your School Board | Ohio School Boards Association

⁽²⁾ Section 3313.10 – Ohio Revised Code | Ohio Laws

⁽²⁾ Section 147.07 – Ohio Revised Code | Ohio Laws

⁽²⁾ Section 3.24 – Ohio Revised Code | Ohio Laws

⁽³⁾ Oath of Office | Ohio School Boards Association

⁽⁴⁾ FastFacts-Sunshine.pdf (ohioschoolboards.org)

⁽⁴⁾ Sunshine Laws FAQs – Ohio Attorney General Dave Yost

⁽⁵⁾ OSBAPublicParticipationBoardMeetingsFactSheet.pdf (ohioschoolboards.org)

⁽⁵⁾ 1992-032 (ohioattorneygeneral.gov)

⁽⁶⁾ Section 121.22 – Ohio Revised Code | Ohio Laws

⁽⁷⁾ The Open Meetings Act: An Overview – Ohio Attorney General Dave Yost