SANCTION PROCEDURES SCHOOL BOARD GOVERNANCE IMPROVEMENT ACT OF 2012

SANCTION PROCEDURESSCHOOL BOARD GOVERNANCE

IMPROVEMENT ACT OF 2012

Alabama Council of School Board Attorneys

Summer Conference

June 22, 2013

Carl Johnson

Bishop, Colvin, Johnson & Kent, LLC

1910 First Avenue North

Birmingham, Alabama 35203

The School Board Governance Improvement Act of 2012 ("the SBGIA"):

•Articulates substantive “boardsmanship” standards;

•provides a vehicle for enforcing adherence to those standards in the form of sanctions that may be imposed on noncompliant members of local boards of education;

•establishes separate enforcement mechanisms at the state and local levels;

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Preface

Locally Imposed Sanctions

• Local boards of education may censure or reprimand their members who have committed violations of boardsmanship standards or other legal duties that constitute neglect of duty or willful misconduct.

• The terms "censure" and "reprimand" appear to be interchangeable, although the term "censure“ can connote a somewhat more formal expression of condemnation.

• Boardsmanship criteria are broadly described in §16-1-41.1(c)( I):

The effective discharge of duties as a member of a local board of education in keeping with the highest standards of stewardship and principles of public service as provided in this section.

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Locally Imposed Sanctions• Boardsmanship principles are more specifically set forth in the

SBGIA:

§16-1-41.1(d)(1):

▫ In conjunction with and as a precondition to the installation of any elected or appointed member of a local board of education, and in addition to all other requirements imposed by law, prospective members shall be required for each term of office to affirm publicly and in writing all of the following principles of educational governance:

a. That each decision, action, and vote taken or made as a member of a local board of education shall be based solely on the needs and interests of students or the system.

b. That no decision, action, or vote shall be taken or made to serve or promote the personal, political, or pecuniary interests of the member.

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Locally Imposed Sanctions

c. That each decision, action, and vote shall be based on the interests of the school system as a whole.

d. That the views of all members of the local board of education and of the local superintendent of education shall be considered before making a decision or taking an action on any measure or proposal before the local board of education.

e. That, except to the extent otherwise provided by law, each member of a local board of education shall take formal action upon the written recommendation of and in consultation with the local superintendent of education, and may not individually or jointly attempt to direct or corrupt the operations of the school system in a manner that is inconsistent with the discharge of the statutory functions and responsibilities of the local superintendent of education.

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Locally Imposed Sanctions

f. That each member of a local board of education shall actively promote public support for the school system and a sound statewide system of public education, and shall endorse ideas, initiatives, and programs that are designed to improve the quality of public education for all students.

g. That each member of a local board of education shall attend scheduled meetings and actively participate in school system functions, activities, and training programs that promote quality boardsmanship unless good cause is shown.

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Locally Imposed Sanctions

§16-1-41.1 (d)(2):

▫ In addition to those duties specifically enumerated in the Code of Alabama 1975, a local board of education shall have all of the following duties:

a. In concert with the local superintendent of education, to establish a vision for the school system by adopting goals that address student needs, advance student performance, and monitor implementation of policies and programs by reviewing data.

b. To adopt written policies and programs, upon the recommendation of the local superintendent of education, to further the educational goals of the system and respond to system needs.

c. To act on personnel recommendations submitted by the local superintendent of education in a timely manner, based on student needs and system finances, without regard to personal preferences or political interests.

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Locally Imposed Sanctions

d. In concert with the local superintendent of education, to consider and approve operating budgets for the system aligned with the goals and objectives of the local board of education.

e. To advocate for the needs, resources, and interests of public school students and refer stakeholders and constituents to the local superintendent of education so that these issues can be addressed by school system personnel.

These duties do not limit or change the duties of local boards of education enumerated elsewhere in the Code of Alabama 1975.

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Locally Imposed Sanctions

• Violations of the Code of Conduct mandated by §16-1-41.1 (g) may likewise serve as the basis of a locally imposed censure or reprimand.

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Locally Imposed Sanctions

• Two separate votes are required by a local board in order to censure or reprimand a board member:

• The board must vote to issue formal written notice of the proposed action and vote on the sanction itself.

• The SBGIA does not require the superintendent to recommend issuance of the notice to the board. However, the superintendent (referred to in the statute as "the secretary") must assure that the board member who is the subject of the contemplated discipline receives the notice at least thirty (30) days in advance of the board's vote on the sanctions.

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Locally Imposed Sanctions

• The written notice must also specify the reasons for the proposed action and state that the affected board member will be provided an opportunity to respond to the notice orally or in writing before the final board vote is taken.

• Reasonable specification of both the conduct and the principle or standard of boardsmanship that is implicated by the conduct is advisable but not expressly required by the statute.

• The SBGIA does not require a formal evidentiary hearing in connection with local censure proceedings, but boards are urged to consider the advisability of permitting a full response when indicated by the seriousness of the grounds for proposed discipline.

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Locally Imposed Sanctions

No appeal to the State Board of Education is authorized by the SBGIA itself. However, the State Superintendent will monitor decisions made by local boards to determine whether additional action at the state level is indicated and as a check against potential misuse of the sanction process. Accordingly, the State Superintendent's office should be notified of the pendency of any disciplinary proceeding and of its final disposition. Special note should be taken of provisions in the statute prohibiting the use of sanctions to punish or discourage protected activities, including those that may be viewed as unpopular, controversial, or simply ill-advised:

No sanction shall be imposed on the basis of the exercise of personal, political, or other rights of a board member that are protected by the United States Constitution or by any state or federal statute.

ALA. CODE §16-1-41.1(f)(5) (1975).

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State Board Sanctions

• The SBGIA permits the State Board of Education to formally censure, reprimand, or disqualify local board members from eligibility for future appointment, reappointment, or election to a local board of education for neglect of duty or willful misconduct, and for failure to meet mandated training and attendance requirements.

• State Board sanctions may be based on a complaint referred to the State Superintendent by a vote of the local board of education or on an initiative independently undertaken by the State Superintendent.

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State Board Sanctions

• The board member who is the subject of the proposed sanction must be provided at least thirty (30) days to respond in person or in writing to a notice that specifies the contemplated sanctions as well as the grounds on which they are based.

• Upon request, the board member may receive a hearing before the State Superintendent to contest the proposed sanction.

• The State Superintendent may propose and negotiate an agreed disposition of the complaint with the board member. Otherwise, sanctions imposed by the State Superintendent must be approved by the State Board of Education.

• No separate hearing by the State Board is contemplated.

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Q U E S T I O N S ? . . .

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Carl Johnson1910 First Avenue North

Birmingham, Alabama [email protected]

www.bishopcolvin.com

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