Legal Question Of The Week - 1/18/13

By Attorney Thomas B. Mooney, Neag School of Education, University of Connecticut

The "Legal Question of the Week" is a regular feature of the CAS Weekly NewsBlast. We invite readers to submit short, law-related questions of practical concern to school administrators. Each week, we will select a question and publish an answer. While these answers cannot be considered formal legal advice, they may be of help to you and your colleagues. We may edit your questions, and we will not identify the authors. Please submit your questions to: legalmailbag@casciac.org
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Dear Legal Mailbag:

I have a parent who calls me regularly to complain about a variety of school-related matters. The last few times she has called she has mentioned that she is “good friends with a member of the board of education.” Recently there have been some academic-related matters regarding the child. The board member is trying to mediate the issues. This happened in another district where I was an administrator, and the board members were told to back off. Is it appropriate or even legal for board of education members to meddle in the day-to-day operations of a school?

Signed,
Who’s In Charge Here?


Dear Who:

You raise an excellent question about the proper role of board members in the operation of the schools (though your use of the word “meddle” suggests that you already have an opinion). Board of education members do not have any authority except when they sit at board meetings unless the board has delegated a specific responsibility to them. The board as a whole should not get involved in operational issues, but rather sets policies for the district, which then the superintendent and administration implement. Board members have no responsibility or authority to intervene in specific cases.
That said, board members often want to help parents, teachers and others. Here, we must differentiate between best practice and what is legal. Best practice is for the board member to not to get involved directly (did you say meddle?). Rather, the board member should inform the parent of the chain of command, and the board member can help the parent understand how to advocate for his or her child, and if necessary appeal decisions, starting, however, at the lowest level (teacher, then principal, and so on). Moreover, if board members (acting as such) have concerns about a particular situation, they should share those concerns with the superintendent, not with the individual teacher or principal. That said, some board members see their role more expansively and do engage in conversation about specific situations. When that occurs, keep your superintendent informed, and remember that, while you should always be polite, that board member has no authority in the matter and you shouldn’t be shy about reminding him or her of that.