School Boards
And the Law
Rebecca Roberts-Malamis, Esq.
Assistant to the Executive Director and InHouse Legal Counsel
April 30, 2015
Overview
 Qualifications to Hold Office
 Powers and Duties of School Board Under
the Law
 Summary of Various Applicable Education
Laws
 What NOT to Do
 Concluding Thoughts
“It’s Easier to Run
for Office than to
Serve In Office”
-Former House Speaker Tip O’Neill
Qualifications for School
Director
A citizen of the Commonwealth of
Pennsylvania;
A person of good moral character;
Age 18 years or over;
A resident of the school district for at least
one (1) year prior to date of election or
appointment.
Powers & Duties of School
Directors
 Duty to provide a “thorough and efficient
system of education.”
 Power delegated by General Assembly.
 Power resides in COLLECTIVE action of the
entire school board.
 Individual Board member has no power.
School Board Responsibility
A School Board Has three primary
responsibilities:
Planning
Setting Policy
Evaluating results
Planning
 Boards are required to do strategic
planning under regulations from the
State Board of Education.
 The Strategic Plan must be filed with
the Department of Education.
 The School Board sets goals for the
District and for the Superintendent.
Setting and Adopting Policy
“The central responsibility of a board,
both in theory and in law, is to be the
policy-forming body.”
-Pennsylvania School Boards Association
(PSBA)
 Draft Policy
 Approve/Adopt Policy
 Evaluate Policy
Policy should include written goals and
objectives for the district and parameters
for actions.
Other Duties
Adopt Course of Study.
Establish the length of the
school term.
Adopt textbooks.
Appoint Superintendents and
hire necessary employees.
Other Duties (continued)
 Enter into written contracts with
professional employees and into collective
bargaining agreements (CBAs).
Act 93
Teachers
Support Staff
 Adopt the annual budget.
 Levy taxes.
 Set tax collector rate.
Pennsylvania Laws….
State Statutes
Public School Code of 1949, as amended
Collective Bargaining Laws
 Act 195
 Act 88
 Act 93
School District/Board Procedures
 Act 1
Sunshine Law
Right to Know Law
Ethics Act
Act 1 of 2006
 Law passed by General Assembly in 2006 to
reduce reliance on property taxes as means to
fund school district budgets and to place a limit
on how much school district budgets can
increase each year, without voter approval.
 Requires school boards to get voter approval for
any tax increase that exceeds an inflation index,
the “Act 1” index. Ten exceptions to the index,
three must be approved by the Court. Most
common exceptions are: increases in health
care benefits, increases in retirement
expenditures, or unexpected special education
expenses.
School Board Role in
Employment Decisions
 Collective bargaining agreements or Act 93 plans
control pay increases for most employees.
 Section 11-1151 governs demotions under
school code.
 Section 11-1124 governs suspensions and
furloughs.
 Section 11-1122 governs firing/terminations.
Eleven reasons under school code.
 School Board evaluates the Superintendent.
 Superintendent and administrators evaluate all
other employees.
School Employment Law and
Collective Bargaining
At will employee vs. public school
employee.
Due Process Requirements if
Terminated or Discharged.
Notice of Charges.
Opportunity to Be Heard.
Reasons to Terminate Under
School Code (24 PS 11-1122)
 Immorality;
 Incompetency;
 UNSAT rating on two or more consecutive
evaluations, including classroom observations, at
least 4 months apart;
 Intemperance;
 Cruelty;
 Persistent Negligence in Performance of Duties;
Reasons to Terminate Under
School Code (24 PS 11-1122)
 Willful Neglect of Duties;
 Physical or Mental Disability that Substantially
Interferes with Performance;
 Advocating Un-American or Subversive
Doctrines;
 Conviction of Certain Felony Crimes;
 Persistent Violation of School Laws including
Policies Established by Local School Board.
Furlough/Suspension of
Professional Employees
 Cannot furlough employees for purely
economic reasons.
 Furlough is based on seniority and
certification.
 Furloughed employees are entitled to recall
before new employees are hired.
 Furloughed employees are entitled to
unemployment compensation.
Pennsylvania “Sunshine” Law
 Presumes all meetings are public unless
specifically excluded.
Executive Sessions-Personnel Matters,
Labor Relations, Real Estate, Litigation,
Confidential Matters with Lawyer
Present.
 Board Conferences or Retreats.
Pennsylvania Right to Know
Law
 Presumes that all records held by state and local
agencies are public records available for both
viewing and copying.
 Any item approved or discussed at a public board
meeting is considered a “public” record and is
subject to release under RTKL.
 30 categories of records are exempt from
disclosure, including records that if disclosed,
would threaten homeland security or a person’s
personal security, criminal investigative records,
medical records, and certain personnel records.
Ethics Law
 Focuses on specific concern of a public
official or employees using their position for
their own personal economic gain.
 Two Categories of Compliance:
Disclosure
Avoidance of Conflicts of Interest
Don’t Let This Be You!
 Individual school director (SD) goes to the
district’s middle school to conduct their facility
safety inspection.
 During a softball game, a student who is
being unruly is asked to leave the game by
the district’s athletic director. The SD
intercedes and tells the student he can stay
and orders the AD to “stand down”.
Don’t Let This Be You!
 SD finds a great deal on technology devices
and signs a contract with a vendor on behalf
of the district with a projected cost of $15,000.
 SD visits the classroom to perform periodic
classroom evaluations of teachers.
Concluding Thoughts
 Focus on Student Achievement.
 Set Clear Expectations For Achievement.
 Create Conditions So the Work Can Succeed.
 Do Not Micromanage
 Hold the System Accountable.
 Ask Questions When You Don’t Know.
 Work Collaboratively with your Fellow Board
Members.
Concluding Thoughts….
-President Ronald Reagan
If there is one secret to success, it lies in
the ability to get the other person’s point
of view, and see things from that
person’s angle, as well as your own….
Surround yourself with the best people
you can find, delegate authority, and
don’t interfere as long as the policy you
have decided upon is being carried out.