Board of education roles and functions

¶ … Board of Education in school districts is first set by state law and then by local regulations, with various customs and practices developing over time and becoming part of the role and responsibilities taken by these boards. In New York State, that role includes the governance of local school districts in different municipalities and educational districts (which may cross municipal boundaries in many cases). Among the tasks undertaken by school boars are personnel decisions and policies, the management of the school system including budgetary considerations, decisions regarding educational theory and practice to some degree, and the protection of students on school grounds and advocacy for fulfilling the needs of students and meeting the expectations of parents. Such broad responsibilities may be interpreted differently in different districts.

The school district in New York City is the largest and most complex in the state, facing the need to balance the competing interests of several different constituencies. The current system in place in the city developed from the 1969 decentralization law calling for a five-member board to be selected by the respective borough presidents. This law was amended in 1974, then allowing the mayor to appoint two additional members. The reason for this was to give the mayor and the borough presidents a role in policymaking for education while also creating an independent advocacy voice for children. Critics charge that the seven-member board lacks accountability to those who appoint them or to the public at large, and this is because neither the mayor nor the borough presidents have the power to remove these appointees before the end of their four-year terms. Critics also cite the board's lack of efficiency and tendency to micromanage, further noting how it has been preoccupied with issues that should actually be under the authority of the chancellor ("Report of the UFT Task Force on School Governance" paras. 3-4).

Boards of Education across the state must comply with state and federal laws covering their activities. One of the particular populations they must serve consists of students with a disability, meaning a mental, physical, or emotional impairment affecting his or her performance. Such students require special services and programs. Education is provided for such students for preschool students (ages 3 to 5) and school-aged children (5 through 21). Among the disabilities covered are autism, deafness, deaf-blindness, emotional disturbance, hearing impairment, learning disability, mental retardation, multiple disabilities, orthopedic impairment, other health impairment, speech or language impairment, traumatic brain injury, or visual impairment. Under both federal and state law, each school district must provide these students with an appropriate education based on their unique needs, and to this end, each Board of Education must establish two committees, the first on Preschool Special Education, and the second on Special Education for the older students. These committees play an important role by reviewing referrals from parents and teaches, arranging for student evaluations, and reviewing the results ("A Guide to Special Education" paras. 1-5).

For most areas, the makeup of the Board of Education is not as controlled as it is for New York City, and board members are more likely to be elected than appointed. For instance, a recent election for the Mineola School District was discussed with reference to how the people of the town would be voting on the proposed 2005-2006 budget, the educational plan for the year, and also for two new members to the five-member board ("Race for the Mineola School Board" para. 1).

The size of the school board is not set by state law. On Long Island, the Roslyn School District, for example, has a board of seven members. Board meetings can be attended by the public and serve to announce policies, discuss school business, solve problems, and address complaints. Meetings can be and are attended by residents, staff members, students, and other persons with an interest in the meetings and attendance is encouraged to show interest in and concern for the schools. Business is conducted openly, and the Board solicits broad-based involvement by the public, the staff, and the students in the decision making process, noting,

Decisions by the school board affect the education of our children and the well-being of our community. The Board can better represent its constituents when members of the community take the time to observe the Board in action, to express opinions and to ask questions. (The Roslyn Board of Education para. 3).

Several officials sit with the Board, including the Superintendent of Schools, the Assistant Superintendent for Curriculum and Instruction, the Assistant Superintendent for Business, the Assistant Superintendent for Human Resources, the general counsel for the Board, the student representative from the Roslyn High School Organization of Class Councils, and the District Clerk. The latter records the minutes of the meetings. All the meets are public except executive sessions, with legal support for this process:

Board meetings are designed by law to facilitate the Board's official business and encourage open discussion among Board members. State law specifies which topics may be considered in executive session only. Those topics include negotiations, real estate, personnel, litigation and items which could endanger public safety. Names of individual students or staff members may be mentioned only in executive session. Guests who wish to communicate with the Board on any items properly considered executive items should do so by letter. (The Roslyn Board of Education para. 5)