CONFIDENTIAL
INVESTIGATION
REPORT
Complaint by SSG

Against Trustee Slatic

Prepared for: Lozano Smith
and
Fresno Unified School District
By: Kerrie McNally
Date: April 8, 2019

 I.

Introduction

Adams Silva & McNally LLP was retained by Lozano Smith and Fresno Unified School District
(“District”) to investigate a complaint filed by Staff Sergeant (“SSG”)
,
received by the District on January 28, 2019, against Board Trustee Terry Slatic (“Complaint”).
This is a confidential report of our findings. It contains a summary of the evidence reviewed,
witness interview summaries, factual findings, and analysis related to potential violations of
Board Policies and alleged racial discrimination.
II.

Summary of Complaint

In the Complaint, SSG
alleges that Trustee Slatic treated him in an unprofessional and
discourteous manner on January 7, 2019, while at Bullard High School (“Bullard”) performing
his recruiting duties for the United States Army. SSG
alleges that Trustee Slatic
attempted to intimidate and demean him, cut him off when he attempted to speak, used
threatening and intimidating language and tone, and used inappropriate language in a
conversation initiated by Trustee Slatic. Additionally, SSG
alleges that Trustee Slatic
demanded to speak with his supervisor and when he did, using SSG
’s cellular telephone,
SSG
alleges that Trustee Slatic was unprofessional and rude to his supervisor and that
Trustee Slatic threw SSG
’s telephone on the counter at the end of the call. Finally, SSG
alleges that Trustee Slatic told him that he was “banned” from Bullard until Trustee
Slatic determined SSG
could return to campus. (Exhibit 1).
III.

Issues Presented

In the Complaint, SSG
alleges that Trustee Slatic was disrespectful, demeaning,
intimidating, and unprofessional in his interaction with SSG
. SSG
alleges that
the following specific factual events occurred during their encounter:

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Trustee Slatic approached SSG
in the office at Bullard, looked at him with a look
of disgust, and requested to speak with him outside.
Trustee Slatic failed to introduce himself to SSG
.
Trustee Slatic asked SSG
what he was doing at Bullard.
Trustee Slatic repeatedly asked SSG
words to the effect of, “What is your
purpose?”
Trustee Slatic was dissatisfied with the response SSG
provided in response to
Trustee Slatic’s inquiry.
Trustee Slatic repeatedly cut-off SSG
when he attempted to speak.
SSG
requested respect and professionalism in the conversation.
Trustee Slatic repeatedly told SSG
to “shut [his] mouth.”
Trustee Slatic threatened to “ban” SSG
from Bullard.
Trustee Slatic threatened to “ban” all Army Recruiters from Bullard.
Trustee Slatic demanded the contact information of SSG
’s supervisor.
Trustee Slatic was rude and unprofessional to SSG
’s supervisor on the telephone.
Trustee Slatic told SSG
’s supervisor that SSG
and all Army recruiters
were banned from Bullard.
1

 


IV.

Trustee Slatic threw the telephone onto the office reception counter and at SSG
when the call with SSG
’s supervisor concluded.
Trustee Slatic told SSG
that he could not return to Bullard until Trustee Slatic
approved his return.
Investigation Procedures
A.

General Procedures

The District coordinated interviews with SSG
, Captain
(“Captain”), Trustee
Slatic, and Bullard Principal,
(“Principal”). The District also provided documents
and surveillance video recorded in the Bullard front office on January 7, 2019.
During the interviews, the investigator informed each witness that she was an investigator
retained on behalf of the District. The interviews with SSG
and the Captain were not
recorded. At the request of Trustee Slatic, his interview was recorded. Both Trustee Slatic and
the investigator maintain a copy of the recording.
B.

Documents Reviewed

During the investigation, the investigator reviewed the following documents:

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Complaint, dated January 28, 2019. (Exhibit 1)
Letter to Trustee Slatic Regarding Limits of Board Member Authority, dated January 15,
2019. (Exhibit 2)
Request to Speak to the School Board, by SSG
, dated January 16, 2019 (Exhibit
3).
Draft Notice of Investigation and Complaint Procedures to SSG
and Trustee
Slatic, dated February 22, 2019. (Exhibit 4)
Fresno Unified School District Board Orientation Handbook, School Year 2018-2019.
(Exhibit 5)
Board Policy 9000, Role of the Board (Powers and Responsibilities). (Exhibit 6)
Board Policy 9001, Management Oversight. (Exhibit 7)
Board Policy 9005, Governance Standard. (Exhibit 8)
Board Policy 9200, Limits of Board Member Authority. (Exhibit 9)
Board Policy 9323.2, Actions by the Board. (Exhibit 10)

Additionally, the District reviewed a surveillance video showing events inside and immediately
outside the Bullard front office on January 7, 2019.
C.

Witness Interviews

In person interviews were conducted on February 27 and March 1, 2019 with SSG
, the
Captain, and Trustee Slatic. On March 6, 2019, a telephonic interview was conducted with the
Principal. Finally, on March 12, 2019, a second interview with SSG
was conducted.
2

 Below is a summary of the investigative interviews and the investigator’s credibility
determinations.
1.

SSG

SSG
was interviewed on February 27, 2019 at the Fresno offices of Lozano Smith. The
investigator requested a follow-up interview by email on March 6 and March 8, 2019 and by
telephone on March 8, 2019. On March 12, 2019, SSG
participated in a follow-up
interview by telephone.
Generally, SSG
presented as a credible witness. He appeared to clearly recall the facts of
the event and was forthcoming when he was unclear about his recollection. SSG
was
slightly nervous at the beginning of the interview, but his nerves calmed as he recounted the
events that occurred with Trustee Slatic. SSG
stated that his motivation for bringing
forward the Complaint was because he was concerned that Trustee Slatic may treat students in a
similar manner.
SSG
reported that he has served as a U.S. Army recruiter for two years. Bullard is one of
the high schools at which he conducts recruiting efforts. SSG
reported that he typically
engaged in recruiting efforts at Bullard one time each week. Generally, SSG
described
that when he reported to Bullard, he talked to staff about giving presentations, gave
presentations, mentored students, spoke with students in the library and at lunch, and worked
with the librarian to facilitate meetings with staff and students.
Prior to January 7, 2019, SSG
reported that he never met Trustee Slatic. He also stated
that other than seeing Trustee Slatic’s campaign signs, he did not know Trustee Slatic.
On January 7, 2019, SSG
was in the front office at Bullard. SSG
saw Trustee
Slatic in the office and believed he was there to speak to someone at the school. SSG
reported that Trustee Slatic was wearing casual Marine gear and his District name badge that had
his picture on it which identified him as “Trustee.” SSG
reported that while in the office,
Trustee Slatic gave SSG
a head to toe inspection and requested to speak with him
outside.
Once outside of the front office, Trustee Slatic asked SSG
what was his purpose at
Bullard. SSG
was surprised because he did not know Trustee Slatic. SSG
reported that Trustee Slatic did not initially introduce himself.
In response, SSG
informed Trustee Slatic that he was an Army recruiter and that he was
on campus to provide information about the Army to students. Trustee Slatic was not satisfied
with the response and told SSG
that he wanted to know his purpose.
SSG
again informed Trustee Slatic that he was on campus to recruit students for the
Army and gave some general examples of the activities he carried out on campus. SSG
specifically recalled informing Trustee Slatic that he distributed pamphlets of information known

3

 as RPI (Recruiting Publicity Items). Trustee Slatic became upset/frustrated with the response
provided.
Due to Trustee Slatic’s response, SSG
asked Trustee Slatic who he was and asked about
the purpose of the conversation. SSG
reported that he believes Trustee Slatic was
offended by this question because Trustee Slatic became more agitated and abruptly informed
SSG
that he was a “Trustee” for Bullard. Trustee Slatic informed SSG
that his
status as “Trustee” was all SSG
needed to know. At this point, SSG
noticed that
Trustee Slatic was wearing a name badge that identified Trustee Slatic as a “Trustee.” However,
SSG
did not understand the title “Trustee.” He did not know that it was the equivalent to
“Board member.”
SSG
reported that Trustee Slatic never said the following, or anything similar to the
following, to him during their conversation:
 Name is Slatic. I am elected as a school board member. I represent Bullard High School
and in that capacity I get to go around ask people questions.
 I am here because I am a school board member and it is within my responsibility to go to
school campuses to talk to people and see what is going on.
Further, SSG
reported that Trustee Slatic did not explain that he wanted to understand
what SSG
did at Bullard at a granular level. SSG
reported that the only two
questions Trustee Slatic asked were: “Why are you here” and “What is your purpose?”
After Trustee Slatic asked SSG
his purpose a third time, SSG
told Trustee Slatic
that he was a recruiter, informed Trustee Slatic that when he is on campus he meets with students
and teachers, and attempted to excuse himself. SSG
informed Trustee Slatic that he had
somewhere he needed to go.
In response, SSG
reported that Trustee Slatic stated, “No, you are not going until you
answer my questions. Shut your mouth.” SSG
reported that this comment was the climax
of the conversation. At this point, according to SSG
Trustee Slatic was yelling at SSG
. In response, SSG
reported that he tried again to respond to Trustee Slatic’s
inquiry, however, Trustee Slatic repeatedly interrupted him and on two more occasions told SSG
to “shut [his] mouth.”
Trustee Slatic then asked SSG
to write his supervisor’s telephone number on a piece of
paper. In response, SSG
offered to contact his supervisor, SSG
(“Supervising
SSG”) for Trustee Slatic. SSG
and Trustee Slatic reentered the main office.
SSG
called the Supervising SSG on his cell phone. When the Supervising SSG
answered, Trustee Slatic demanded that SSG
give him the phone, stating, “Give me the
phone. Do you hear me?” At which point, SSG
handed Trustee Slatic the phone.
Upon receipt of the phone, SSG
reported that Trustee Slatic demanded to know with
whom he was speaking. SSG
reported that Trustee Slatic told the Supervising SSG that
he was “someone important” and did not identify himself as a Board member. SSG
4

 reported that Trustee Slatic told the Supervising SSG that SSG
was “really showing his
ass” and asked the Supervising SSG to call him back. SSG
reported that when Trustee
Slatic hung up the phone, he tossed the phone onto the counter and slid it in the direction of SSG
.
After concluding the telephone call, Trustee Slatic went to speak to the Principal and SSG
went to his car. Upon arriving to his car, SSG
called the Supervising SSG, who
directed SSG
to return to campus and speak with the Principal after calming down. SSG
waited approximately five minutes and then returned to the office to speak with the
Principal. During his conversation with Principal, SSG
was told that although Trustee
Slatic said that SSG
should be banned from Bullard, he was not banned. The Principal
told SSG
that so long as SSG
followed the rules and signs in, he is welcome on
campus.
SSG

reported that the exchange with Trustee Slatic lasted approximately thirty minutes.

SSG
completed a Board comment card to speak to the Governing Board at the January
16, 2019 Board meeting. SSG
did not speak during public comment time because he had
to step away from the meeting to attend a student event. When he returned, public comment time
was over.
SSG
reported feeling belittled by Trustee Slatic. SSG
reported that students were
in the vicinity of the conversation with Trustee Slatic and could likely hear the conversation.
SSG
was upset that his authority was questioned in the presence of students.
SSG
reported that during the exchange outside of the office, Trustee Slatic was
aggressive and it appeared/felt like Trustee Slatic was attempting to act like a ranking officer.
SSG
felt like Trustee Slatic was talking to him like a child. He felt belittled and as
though Trustee Slatic was attempting to intimidate/threaten him. SSG
acknowledged that
Trustee Slatic is taller than him and reported that it felt as though Trustee Slatic was attempting
to dominate him and the conversation. SSG
reported while outside, Trustee Slatic
invaded SSG
’s personal space.
SSG
alleged during the interview that he believed race was a motivating factor for
Trustee Slatic’s treatment of him. SSG
identified the number of times that Trustee Slatic
told him to “shut [his] mouth” and his comment that he was “really showing [his] ass” as
evidence of Trustee Slatic’s racial motivation. SSG
also reported that the manner in
which Trustee Slatic spoke to him, in a belittling manner, as a basis for his belief that Trustee
Slatic was profiling him on the basis of race. However, SSG
also asserted that Trustee
Slatic’s tone and conduct could have been motivated by the fact SSG
is in the Army and
Trustee Slatic was in the Marines.

5

 2.

Captain

(“Captain”)

The Captain was interviewed on February 27, 2019 at the Fresno offices of Lozano Smith. The
Captain is the officer responsible for the Army’s recruiting efforts in the Central Valley,
including the District and Bullard.
At the outset of his interview, the Captain was careful to inform the investigator that his
participation in the interview did not represent the participation of the U.S. Army. During his
interview, the Captain was credible and forthcoming.
On January 7, 2019, the Captain was in the office when the Supervising SSG took the telephone
call from SSG
and when the Supervising SSG spoke to Trustee Slatic. The Captain
overheard and understood that Trustee Slatic was asking for an explanation of what SSG
was doing at Bullard. The Captain reported that he overheard Trustee Slatic use profanity in his
call with the Supervising SSG, but could not recall the exact word(s). The Captain recalled
overhearing that Trustee Slatic was going to ban SSG
from Bullard.
On January 8, 2019, the Captain contacted Trustee Slatic to discuss the events of January 7. The
Captain reported that the conversation did not start well because he did not refer to Trustee Slatic
as “District Board Trustee Slatic.” The Captain asserted that Trustee Slatic became belligerent
and loud. The Captain asserted that Trustee Slatic called him a “mother fucker” and threatened
he would ban all recruiters from all District high schools if the Captain did not meet with Trustee
Slatic in the following week. The Captain attempted to set an appointment, but Trustee Slatic
was too emotional and upset to do so. The Captain requested that Trustee Slatic contact him
when he had calmed down. Trustee Slatic never returned the call. The Captain asserted that the
telephone call lasted approximately two to three minutes.
The Captain reported that SSG
had been a recruiter at Bullard for over three years and
never had any complaints lodged against him. The Captain reported that prior to this issue, SSG
was scheduled to take a new assignment within the recruiting department and has since
started in the new position.
3.

(“Principal”)

The Principal was interviewed by telephone on March 6, 2019. The Principal was open and
willing to discuss the current complaint as well as other issues/concerns that he experienced with
Trustee Slatic.
The Principal has served as the Bullard Principal for three years. The Principal reported that he
has never had any concerns with any of the military recruiters who were assigned to Bullard. The
Principal asserted that during his first year as principal, Trustee Slatic raised general concerns
regarding the integrity of the Marine recruiters at Bullard. However, at the time, there were no
active Marine recruiters assigned to Bullard.
The Principal reported that on January 7, 2019, he held a scheduled meeting with Trustee Slatic
immediately before the incident with SSG
. After the incident with SSG
, Trustee
6

 Slatic returned to the Principal’s office and informed him that he had a concern that the Army
recruiter had been disrespectful toward him. The Principal reported that Trustee Slatic did not
understand why SSG
failed to follow his directives to inform him who he was and why
he was at Bullard. Trustee Slatic asserted that he showed SSG
his District identification
and that SSG
persisted in his refusal to answer his questions. The Principal reported that
Trustee Slatic told him (the Principal) that he (Trustee Slatic) repeatedly asked SSG
why
he was at Bullard.
The Principal reported that he did not obtain specific information about the conversation from
Trustee Slatic on January 7, 2019. The Principal did not recall Trustee Slatic telling him that
Trustee Slatic could not get “responsible” answers from SSG
. The Principal denied
informing or otherwise agreeing with Trustee Slatic that if he could not obtain specific answers
to his questions it would be “troubling.” Rather, the Principal recalled telling Trustee Slatic that a
confrontation at Bullard between SSG
and Trustee Slatic would be concerning. The
Principal also denied telling Trustee Slatic that he would keep SSG
off campus. Rather,
the Principal recalled telling Trustee Slatic that he would investigate his concern.
The Principal also reported that shortly after his meeting with Trustee Slatic regarding the
incident, SSG
visited his office. SSG
was upset and expressed concern that
Trustee Slatic confronted him while he was in uniform. The Principal reported that SSG
alleged that Trustee Slatic was demeaning and that SSG
did not know Trustee Slatic’s
District role. SSG
asserted that it was his understanding that he was responsible to
report/respond to the Principal, the career center staff, and the librarian. The Principal reported
that SSG
informed him that Trustee Slatic repeatedly told him to “shut up” and “listen to
[him].” The Principal reported that SSG
alleged that he believed Trustee Slatic’s conduct
was related to his race. SSG
informed the Principal that he felt harassed by Trustee
Slatic.
The Principal informed SSG
that he was permitted to be on campus so long as he checks
in with the front office and follows procedures as he had in the past.
During the interview, the Principal described that it was not the first time he has heard of or
experienced this type of behavior from Trustee Slatic. The Principal reported that it is not
uncommon or out of character for Trustee Slatic to challenge authority and raise his voice. The
Principal described a conversation that he had with Trustee Slatic in the fall at the final football
game, before Trustee Slatic took office. Specifically, The Principal reported that when he was on
the football field, Trustee Slatic confronted him and stated words to the effect of, “Oh, you are
going to be fun to deal with…” The Principal reported that he questioned Trustee Slatic’s
comment and Trustee Slatic said, words to the effect of, “And I’m a racist too!” The Principal
reported that Trustee Slatic was angry when he made these comments and became so
confrontational with the Principal that Trustee Slatic’s wife pulled him away from the Principal.
4.

Trustee Slatic

The interview with Trustee Slatic occurred on March 1, 2019 at the District main office in
Fresno. Trustee Slatic refused to meet with the investigator at the offices of Lozano Smith. At the
7

 beginning of the meeting, Trustee Slatic expressed significant disagreement with the investigator
regarding procedural matters and the scope of the interview. Trustee Slatic’s comments were
abrupt and he was assertive in his position. He was confrontational and repeatedly cut off the
investigator. Trustee Slatic threatened to walk-out of the interview if the investigator did not
concede to limiting the scope of the interview.
Before beginning the interview, the investigator asked Trustee Slatic if he was opposed to her
taking notes on the computer. Trustee Slatic responded that he would only allow notes to be
taken if he received a copy of the notes or if the interview was recorded. An agreement was
reached that the interview would be recorded.
Trustee Slatic was not credible throughout during the interview. At times, Trustee Slatic was
confrontational and abrupt. He answered the factual questions related to the complaint lodged by
SSG
. Trustee Slatic recounted a very high degree of detail of the conversation with SSG
. However, the details appeared to be designed to prove to the investigator that he was
calm during the incident and that he had the right to ask SSG
the questions presented
during their conversation.
Trustee Slatic is a retired Major of the Marines. He retired in August of 2013. He has four sons
who attended (or currently attend) Bullard.
Trustee Slatic was elected to the District Governing Board in November of 2018. Trustee Slatic
reports that he ran for the Board because he believes that there is a lack of safety, transparency,
and accountability in the District.
Upon election to the Board, Trustee Slatic received training regarding his role as a Board
member. He attended the annual CSBA conference, including the new school board member
training in December, 2018. He also attended a District training and received a copy of the Board
Handbook. Trustee Slatic reports that he reviewed the handbook and is familiar with the
District’s Board Bylaws contained in the 9000 series of the Board Policies. When questioned
about the specific documents that he received and reviewed as part of the trainings he received
and the Board Bylaws, Trustee Slatic refused to review the materials presented by the
investigator.
Trustee Slatic recalled the incident between he and SSG
acknowledged that prior to his conversation with SSG
do so with any District Administrator.

at Bullard. Trustee Slatic
he did not discuss his intention to

Trustee Slatic reported that he initiated contact with SSG
in the main office by asking if
he could speak with SSG
. Trustee Slatic asserted that while in the main office, he
introduced himself by name, informed SSG
that he was an elected school board member,
and informed SSG
that in his elected role, he has the ability to go around and ask people
questions. Trustee Slatic also asserted that he was wearing his District name badge. Shortly after
the initial introductions, they went outside. He asserted that they moved outside because there
were fewer students outside than inside the office.

8

 Once outside, Trustee Slatic asked SSG
if he could ask him some questions. SSG
responded that he could ask questions. Trustee Slatic reported being vaguely aware that students
were in the vicinity during his conversation with SSG
, but their presence did not concern
Trustee Slatic.
Trustee Slatic reported that he asked SSG
to provide him a detailed description of what
SSG
does on campus. Trustee Slatic reported that he specifically requested that SSG
provide information about what he did, where he went, and who he spoke to when on
campus. Trustee Slatic reported that SSG
informed him that he signed in and gave a
vague response and made reference to an acronym with which Trustee Slatic was unfamiliar.
Consequently, Trustee Slatic requested that SSG
explain the acronym and SSG
did not comply with the request. Rather, Trustee Slatic reported that SSG
asked Trustee
Slatic why he was asking the questions.
In response, Trustee Slatic reported that he informed SSG
that he was a Board member
and that it is within his responsibility to go to school campuses and talk to people to find out
what is going on at the school. Trustee Slatic reported that in response, SSG
asked him
why he wanted to know the requested information. Again, Trustee Slatic informed SSG
that he was a Board member and that it is within his responsibility to go to school campuses and
talk to people to find out what is going on at the school. Trustee Slatic asserted that he made it
“crystal clear” that he understood that SSG
was on campus to recruit students for the
Army, but that he wanted to know exactly what SSG
did while he was on campus.
Trustee Slatic acknowledged that he cut off SSG
when he was speaking “innumerable
times” during the conversation. Trustee Slatic reported that he cut off SSG
because SSG
cut him off.
Trustee Slatic reported that he told SSG
that if he did not understand what SSG
did on campus, he would ask the principal not to allow him on campus until he obtained such an
understanding. Trustee Slatic reported that he may have told SSG
that he would be
banned from campus. When the investigator asked Trustee Slatic if he asked anyone at the
District or the school site if he could ban the Army Recruiter from campus, Trustee Slatic
asserted that the question was an unreasonable question and refused to answer.
Trustee Slatic reported that because he was unable to obtain the information he needed from SSG
, Trustee Slatic requested to speak with SSG
’s Non-Commissioned Officer In
Charge (“NCOIC”). Trustee Slatic reported that SSG
was confused about his request to
speak to the NCOIC. But after some further discussion, SSG
called his NCOIC.
The call with the NCOIC occurred in the office. Trustee Slatic asserted that he informed the
NCOIC that SSG
was not responsive to his questions and that he was a school board
member. Trustee Slatic reported that the NCOIC informed him that he was not in a position to
speak about the issue. Trustee Slatic requested that he or his supervisor call him later that day.
Trustee Slatic then hung up the phone and set it on the counter for SSG
. He had no
further conversation with SSG
.
9

 During the interview, Trustee Slatic did not recall asking SSG
what his purpose was for
being on campus. Trustee Slatic did not recall telling SSG
that he was “really showing
[his] ass.” Further, Trustee Slatic did not recall raising his voice with SSG
. Trustee Slatic
asserted that he was not aware that he entered SSG
’s personal space and believed that he
stayed approximately three feet away from SSG
during their conversation.
Trustee Slatic denied telling SSG
during with his conversation with SSG

to shut his mouth. He also denied using curse words
and the NCOIC.

After the exchange with SSG
and his NCIOC, Trustee Slatic reported to the principal’s
office to inform him of the events that had transpired. Trustee Slatic asserted that he told the
Principal that he was not able to obtain “responsible answers” from SSG
and that it
troubled him. Trustee Slatic reported that the Principal agreed that if SSG
refused to
provide answers to Trustee Slatic’s questions, it would be troubling. Trustee Slatic reported that
he informed the Principal that it would be a good idea to keep SSG
off campus until he
could appropriately respond to questions. Trustee Slatic asserted that the Principal agreed.
Trustee Slatic acknowledged that on January 8, 2019, he received a call from the Captain, the
supervisor of SSG
’s NCOIC. Trustee Slatic reported that the Captain initially informed
him that SSG
asserted that Trustee Slatic was hassling him on campus. In response,
Trustee Slatic asked the Captain if SSG
informed him that he (Trustee Slatic) was an
elected trustee. The Captain informed Trustee Slatic that SSG
did not inform him that he
was a trustee. In response, Trustee Slatic told the Captain that SSG
set him up for failure.
Trustee Slatic also reported that he informed the Captain that he needed to comfortable that SSG
could respond to a parent’s inquiry about his daily activities at Bullard. Trustee Slatic
asserted that the Captain informed him that there were prior problems with SSG
becoming defensive when asked questions and that he was no longer going to be a recruiter.
Trustee Slatic denied that he used curse words when speaking to the Captain. He also denied
threatening to ban the Army from Bullard. Trustee Slatic did not recall threatening to ban SSG
from Bullard.
V.

Factual Findings

The evidence was reviewed to determine whether the specific factual allegations raised in the
Complaint occurred. The factual findings regarding the January 7, 2019 incident between SSG
and Trustee Slatic and the telephone call between the Captain and Trustee Slatic on
January 8, 2019 are described below.
On January 7, 2019, Trustee Slatic approached SSG
in the main office at Bullard and
requested to speak with SSG
outside. Prior to January 7, 2019, SSG
had never
met Trustee Slatic and did not know or recognize Trustee Slatic.
Trustee Slatic was wearing his District name badge and introduced himself as a Trustee. SSG
did not know that the title of Trustee is the equivalent to Board member.
10

 When outside, Trustee Slatic asked SSG
what his purpose was on campus. SSG
generally informed Trustee Slatic that he was on campus to recruit students to the Army. In
response, Trustee Slatic acknowledged that SSG
was on campus for recruiting purposes
but reiterated, words to the effect of, “what is your purpose.” Trustee Slatic apparently desired
for SSG
to provide granular details regarding his recruiting efforts and activities at
Bullard. However, Trustee Slatic did not clearly articulate this to SSG
.
In response to Trustee Slatic’s second request for information, SSG
provided additional,
more specific information. For instance, SSG
told Trustee Slatic that he distributed RPI
to students. Trustee Slatic did not recognize this acronym.
In response to SSG
’s additional information, Trustee Slatic repeated his question, “what
is your purpose?” In response to this third request, SSG
asked Trustee Slatic who he was
and why he was asking him questions. Trustee Slatic was upset by this response. Trustee Slatic
again told SSG
that he was a Trustee and asserted that SSG
did not need to know
more.
SSG
again attempted to explain what he did on campus generally. However, Trustee
Slatic was frustrated at the response and repeatedly cut off SSG
. Trustee Slatic also told
SSG
to “shut his mouth” more than once when SSG
attempted to explain his
activities at Bullard.
During the exchange, Trustee Slatic threatened to ban SSG
from Bullard unless he
answered his questions. SSG
asked Trustee Slatic to act professionally and to treat him
with respect. SSG
asked Trustee Slatic why he was belittling him. Trustee Slatic denied
belittling SSG
.
SSG
contacted the Supervising SSG, SSG
’s direct supervisor, at the request of
Trustee Slatic. During the conversation, Trustee Slatic told the Supervising SSG that SSG
was “showing his ass,” (acting unprofessionally). At the conclusion of the conversation,
Trustee Slatic placed the cell phone on the reception desk counter.
The exchange between SSG
and Trustee Slatic, including the telephone call with the
Supervising SSG lasted approximately seven minutes.
After the call with the Supervising SSG, SSG
left the office. Trustee Slatic went to the
Principal’s office where he reported his conversation. The Principal was concerned about the
potential confrontation on campus and told Trustee Slatic that if a confrontation occurred on
campus, he would be concerned. The Principal did not tell Trustee Slatic that he found SSG
’s conduct concerning.
After finishing his conversation with Trustee Slatic, SSG
returned to the office and spoke
with the Principal. The Principal informed SSG
that he was welcome on campus as long
as he signed into the front office and followed school protocols.

11

 VI.

Legal Conclusions
1. Did Trustee Slatic Violate District Board Policy During his Interactions with
SSG
?

The District maintains several Board Policies related to the conduct of Governing Board
members. Specifically, the District maintains the following Board Policies related to this
investigation:


Board Policy 9000, Role of the Board (Powers and Responsibilities), affirms that the
Board is elected to provide leadership and oversite of the District’s schools. (Exhibit 6.)



Board Policy 9001, Management Oversight, states that in the Board’s oversight function,
“the Board will not manage the day-to-day operations of the district.” Rather, the Board
will “require the Superintendent to provide data and other information necessary to
document effective execution and results. The Board may also decide to call for external
reviews of systems integrity and performance.” (Exhibit 7.)



Board Policy 9005, Governance Standards, requires Board members to “act with dignity
and understand the implications of demeanor and behavior;” “understand the distinctions
between Board and staff roles, and refrain from performing management functions that
are the responsibility of the Superintendent and staff;” and, “understand that authority
rests with the Board as a whole and not with individuals.” (Exhibit 8.)



Board Policy 9200, Limits of Board Member Authority, states that the Board “recognizes
that the Board is the unit of authority over the district and that a Board member has no
individual authority.” It further provides that “unless agrees to by the Board as a whole,
individual members of the Board shall not exercise any administrative responsibility with
respect to the schools or command the services of any school employee. Individual Board
members shall submit requests for information to the Superintendent or designee.”
Further, pursuant to Board Policy 9200, Board members do not have authority to resolve
complaints. (Exhibit 9.)

The evidence shows that Trustee Slatic violated Board Policies 9001, 9005, 9200. Specifically,
the evidence shows that on January 7, 2019, Trustee Slatic was confrontational and aggressive
with SSG
in his pursuit of information regarding SSG
’s activities at Bullard. By
his own admission, Trustee Slatic believes that as a Board member, he has the responsibility and
authority to make inquiries of individuals for the purpose of determining whether the District is
operated and managed appropriately. Trustee Slatic believes that he has the authority to question
individuals regarding their functions and roles at the District. Prior to January 7, 2019, Trustee
Slatic did not request that the Superintendent (or any other District administrator) provide
information regarding SSG
’s purpose, conduct, or activities at Bullard.

12

 2. Did Trustee Slatic Discriminate Against SSG

?

Harassment based on race is a form of discrimination. (Thompson v. City of Monrovia (2010)
186 Cal.App.4th 860, 876.) To establish a prima facie case of a racially hostile work
environment, the plaintiff must show that “(1) he was a member of a protected class; (2) he was
subjected to unwelcome racial harassment; (3) the harassment was based on race; (4) the
harassment unreasonably interfered with his work performance by creating an intimidating,
hostile, or offensive work environment; and (5) the employer is liable for the harassment.” (Id.)
Here, the evidence does not show that SSG
was subject to racially based harassment.
First, if SSG
files a lawsuit, it is unlikely that SSG
will be able to establish that
he was harassed as a result of his race. SSG
acknowledged that Trustee Slatic’s conduct
may have been motivated by the fact that SSG
is a member of the Army, whereas
Trustee Slatic was a Marine. Further, Trustee Slatic never made any racially based comments.
Second, given that the alleged harassment occurred during only one conversation which lasted
less than ten minutes, it is unlikely that SSG
will be able to establish that the event of
January 7, 2019 created an intimidating, hostile, or offensive work environment. Further, SSG
transferred to a new division of the recruiting department of the Army. This transfer was
scheduled to occur prior to the interaction with Trustee Slatic. During his interview, SSG
acknowledged that the transfer was a promotion.
Finally, if SSG
were to pursue litigation, it is unlikely that he would be able to prove that
the District was responsible for the harassment. Although Trustee Slatic is a Board member, he
acted on January 7, 2019 as an individual without the authority of the Board or any District
administrator. Trustee Slatic was not acting on behalf of the Board or District.
Therefore, it is unlikely that SSG
could establish a cause of action against the District for
racial discrimination based on the events of January 7, 2019 if he filed such as lawsuit.
VII.

Conclusion

In sum, the evidence shows that, generally, the events of January 7, 2019 occurred as alleged by
SSG
. Consequently, Trustee Slatic’s conduct on January 7, 2019 violates several Board
Policies as described herein. However, we do not believe that Trustee Slatic’s conduct
constitutes unlawful racial harassment.
We hope you find this information helpful. If you have any questions, please do not hesitate to
contact us.

13

 EXHIBIT 1

Constituent Services . 1312.1(a) 
Complaints Concerning School Personnel -- .. 1265(a)

Complaints Concerning School Personnel Form

Please complete all information. Ryan need help ?lling out thejbm, please call 4573 736.

Moe/ex? on
Name ofCo- lainant School

Date


Address I Phone (Day) Phone (listening)

 

 

 

 

Name of Parent if not Complainant
I am ?ling a complaint against the following District employee. he employee?s name is:
.f 
01 ?ii C. amahqej/he works at frag/I75) of Ecjum-i?an

DESCRIBE YOUR COMPLAINT: Please be as factual and speci?c as possible. If you fail to do so, your
complaint may not be processed. Because there is a time limitation of three months from the date the alleged
misconduct occurred, you must at least indicate the approximate date of the alleged misconduct. If the alleged
misconduct has occurred OVCI a peiiod of time, please indicate the time peiiod in question. Piovide a speci?c
desoliption of any 131 101 atte tippt to discuss the complaint with the employee and the failme to resolve the matter.

SPF BAA-car (WA 0 c. @qur15?
cl WM JV (ire/Ii? My? dik?f? ifloaif?ci mljarls? Vi 6m} (Flo-i 
wide/3c: On it) Gc?i' m??f?mimateiu Neill? WC. 

(Hyou need additional space, you may attach a sepaiate sheet ofgapei to this complaint form. 

REMEDY REQUESTED: What do you want as a 1 esult of ?ling this complaint?

Me n42Oil?e- {lilo/mi for rind/irvmoeni K?s/irrational? on i439 Poles" ?and

(negates; bivmg mad clock a {lets a Eocene-cl L?leojj
Signature of Complainant

    
  
   

If the complaint is not resolved at so 001 or department, the Superintendent or designee shall complete an
investigation Within 20 workin da of its initiation. Within 20 workin do 5 followin the investi ation of the
complaint a written decision concerning the merits of the complaint shall be served on both the complainant and the
employee. The Superintendent?s or designee?s decision shall be ?nal.

 

File this form with, Constituent Services Of?ce, 2309 Tulare Street, Fresno, CA 93721 or fax to
(559) 457-3933.

(For Of?ce Use Only) 


?w UUILE

 

 

 

 

JAN 
Date Received 2 8 2019 Date Complainant was contacted
. FRESNO UNIFIED SCHOOL DISTRICT
cceived i Fresno, California

 

Expected Date of Written Responses 

(40 working days) November 2009

 

Constituent Services Of?ce

JAN 2 8 2019
To Whom It May Concern, 24 JAN 2019
Received 

 

 

 

The following chain of events occurred on 7 AN 2019 during my professional visit at
Bollard High School around the hours of 1200-1300. I was approached by Mr. Terry Slatic in the
main of?ce of Bullard High School after I had signed out of the location. Mr. Slatic looked at me
from head to toe and back to head with a look of disgust. He then started a conversation by
asking to speak to me about a matter unknown to me. I respectfully replied asking him what I
could help him with and addressing him formally using the title of Sir. Mr. Slatic then proceeded
to tell me that we could speak outside of the of?ce in which he began the conversation. I
followed Mr. Slatic outside the of?ce as requested still confused as to what the purpose of the
conversation was and why it had to be done outside of the office but remained respectful and
professional whilst doing so. Mr Slatic then proceeded to say, ?Why are you here?? I was taken
by surprise with the question and the tone in his voice and I replied, am the recruiter for
Bollard High School from the United States Army, Sir?. He then responded with, ?What is your
purpose here on Bullard Campus??. I responded explaining to Mr. Slatic that my purpose was to
educate and inform students of Bullard High School about the United States Army as well as
build a rapport with faculty and staff. Mr. Slatic insisted continuing to ask me my purpose on
campus was after the previous explanation as if I were not telling him what he wanted to hear. I
remained calm and repeated the previous description of my purpose on Bullard High School
campus in addition to telling him that I also conduct class room presentations and pass out
reading material for those interested in the Armed Forces. This was the third time repeating what
my purpose was at Bollard High School to Mr. Slatic. He replied with ?So that?s your purpose??.
I was extremely taken aback by the repetitive questioning as well as the tone in Mr. Slatic?s
voice. I responded with ?Sir, May I ask you a question?? He said yes and I continued on to ask
him what the meaning of the conversation Was. Mr. Slatic then replied with ?Because I asked and
you?re going to tell me.? At this pointI was feeling threatened, belittled and confused as to what
I did to enrage Mr. Slatic. Ithen said ?Sir, I was just trying to get some clari?cation on why you
wanted to speak with me.? to which he replied, ?Shut your mouth!? I then replied with ?Sir, do
not tell me to shut my mouth.? He then repeated himself by saying ?Shut your mouth and if you
speak again you will be banned from Bullard High School Campus? I then said ?So I cannot ask
you a question? Mr. Slatic then threatened me and said if I were to speak back one more time
myself and all other Army recruiters would be banned from Bullard High School. I replied with
?Sir I really would like to know what the meaning of this conversation is and I am not cutting
you off from speaking just trying to get some clari?cation? He then told me for the third time to
?Shut My Mouth?. I told Mr. Slatic that I felt he was belittling me and pointed out the students
who were around. He said he wasn?t belittling me and to not speak again. I then told Mr. Slatic I
had somewhere else to be. He replied by telling me if .I left, he would make sure I would no
longer be allowed on Bollard Campus. I remained in place while still being respectful but also
feeling threatened and he proceeded to take me back into the of?ce to write down my
supervisors' information. As he was demanding for me to write it down and being disrespectful, I
offered to get my supervisor on the phone. I then proceeded to call my supervisor at that time.
My supervisor answered the phone and I briefly told him what was going on and he ordered me

to hand the phone to Mr. Slatic. During this brief conversation between my supervisor and} Mr
Slatic was demanding I hand over my cellphone to him. Mr. Slatic then spoke to my supervisor
in the same demeanor by telling my Supervisor that Myself and other Army recruiters are no
longer allowed on the campus. He then demanded my stipervisor to give him a call back when he
was free by 160 0/4pm. My supervisor then replied telling Mr. Slatic he would call back when he
is ?ee. At that point Mr. Slatic tossed my phone down at the counter toward me and proceeded to
tell me I am no longer allowed on campus until He says that I can. He went into the principal's
of?ce and told him the same thing. I then left the campus and returned to normal daily routine
feeling belittled and threatened by Mr. Slatics words and actions.

I feel as though Such actions and disrespect should be recti?ed and should never be taken
In hopes that this never happens to Myself or others again, I would appreciate if this
matter be looked over and taken into consideration for the future. Thank you for your time. If
needed I can be reached at or

 

 

To Whom It May Concern, 24 JAN 2019

The following list of events occurred on 7 JAN 2019 during my professional visit at 
Bullard High School around the hours of 1200?1300. The incident is between Mr. Terry Slatic

and 1, SSG 

Mr. Slatic approached me in the of?ce of Ballard High School as I was signing
out of campus. 

Mr. Slatic looked at me from head to toe and back to head with a look of disgust.
Mr. Slatic proceeded to ask if he could speak to me about a matter that Iwas
unaware of.

I responded with ?What can I help you with Sir??

Mr. Slatic responded by asking to speak with me outside of the office.

I was confused as to why the conversation would be better off said outside of the
office but continued to be respectful and keep my professional bearing and
followed Mr. Slatic into the hallway.

Mr. Slatic then asked, ?Why are you here??

I was taken by surprise by the question and tone of his voice.

I responded with am the recruiter for Bullard High School from the United
States Army Sir.?

Mr. Slatic?s response was, ?What is your purpose here on Bullard Campus?? I

I responded to Mr. Slatic?s question stating that my purpose was to educate and
inform students of Bullard High Schooi about the United States Army as well as
build a rapport with faculty and staff.

At this time, Mr. Slatic then asked again, ?What is your purpose here on Bullard
Campus??

I gave him the same response.

Mr. Slatic repeated the question for a third time as if I were not answering it the
way he wanted me to.

Confused, I replied again with the same response adding in that I also do
classroom presentations and hand out reading material for those interested in
joining the Anny feeling that this response was clear enough to answer Mr.
Slatic?s question.

Mr. Slatic then replied with, for the fourth time, ?What is your purpose??

I began to be very taken aback by the repetitiveness and the tone in his voice of
his question that Ihad answered now three times all in a respectful, and truthful
manor.

I responded asking Mr. Slatic, ?Sir, May I ask you a question??

Mr. Slatic agreed to let me ask a question.

I asked Mr. Slatic, with respect and professionalism, what exactly was the
purpose of this conversation for my own clarity.

Mr. Slatic?s response was, ?Because I asked you and you?re going to tell me!?

At this point I was feeling belittled, threatened, and confuse das to what I did to
make Mr. Slatic so enraged.

I then told Mr. Slatic that I was only trying to get some better clarification as to
why he wanted to speak with me.

To which he replied with ?Shut your mouth!?

At this point I was starting to get upset with the situation but remained
professional and respectful.

I told Mr. Slatic not to tell me to shut my mouth.

He repeated himself saying, ?Shut your mouth!? and adding, ?If you speak again
you will be banned from Bullard High School Campus?

I then said, ?Can I not ask you a question sir??

He then threatened me and said if I were to cut him off one more time myself and
all other Army recruiters will be banned from Buliard High School.

I then responded again stating, ?Sir, I would really like to know the what the
meaning of this conversation is, and I am not cutting you off from speaking
because I am waiting for you to ?nish your statement before replying. I am just
trying to get some clari?cation?

Mr. Slatic then for the third time said, ?Shut your mouth!?

I proceeded to tell Mr. Slatic that I felt as if he were belittling me and pointed out
to him that there were students around us.

He said he wasn?t belittling me and to not speak again.

I then told Mr. Slatic I had somewhere else to be. r?

He proceeded to tell me if I were to leave I and all other Army Recruiters would
indeed be banned from the campus.

I stood in place respectfully feeling threatened by Mr. Slatic.

He then proceeded to take me back into the of?ce. Then demanded I write down
my supervisors' information.

Whilst demanding me to write down this information I informed him that I was
glad to call my supervisor on the phone and I proceeded to do so.

I then brie?y explained to my supervisor the situation and my supervisor advised
me to hand the call over to Mr. Slatic.

All the while when I'm ?lling my supervisor in on the conversation? that is
transpiring between me and Mr. Slatic, Mr. Slatic is demanding I hand the phone
ever to him. I

I then handed my phone to Mr. Slatic and Mr. Slatic spoke to my supervisor in the
same demeanor he was speaking to me in.

'Mr. Slatic told my supervisor Myself and all other Army recruiters are no longer
allowed on Ballard Campus and instructed my supervisor to call him back before
1600 when he was free.

My supervisor told him he would call him back when he was free.
Mr. Slatic then threw my phone on the counter towards me.
He then stated that I am no longer allowed on campus until he deems that I am.

0 At this time Mr. Slatic entered the principal's of?ce telling the principle the same
statement.

a {then left the Bullard High School to return to my duties feeling confused,
belittled, disrespected, and threatened by Mr. Slatic?s words and actions.

I feel as though such actions and disrespect should be recti?ed and should never be taken
In hopes that this never happens to Myself or others again, I would appreciate if this
matter be looked over and taken into consideration for the future. Thank you for your time. If

 

EXHIBIT 2

BOARD OF EDUCATION
Claudia Cazares, President

Carol Mills, J.D., Clerk

Valerie F. Davis

 

Gen ev I la
Fresno Um?ed 
. . Major Terry Static USMC (Retired)
01 D1 St Keshia Thomas
SUPERINTENDEN 

Preparing Career Ready Graduates
Robert G. Nelson, Edi).

January 15, 2019

Trustee Major Terrence Slatic USMC (Retired)
Fresno Uni?ed SChbol District

2309 Tulare Street

Fresno, CA, 93721

Re: Limits of Board Member Authority
Dear Trustee Major Slatic:

i am writing to advise you that the purpose behind the special meeting this evening is to give the
Board an opportunity to evaluate the facts and circumstances surrounding your interaction with a
student at Bullard High School on Friday January 11, 2019. As you must know, that incident raises
a serious risk of liability for the District.

In addition to the speci?c incident that occurred last Friday, I will also share with the Board my
deep concern relating your conduct as a Board member. Your actions over the last month, as
re?ected in recent media reports and as conveyed to me by staff, exceed your lawful authority as a
Board member and violate applicable Board Bylaws.

Board Bylaw 9200 speci?cally states that ?a Board member has no individual authority.? Board
Bylaw 9200 further states as follows:

Individually, Board member may not commit the district to any policy, act or
expenditure. . . .[I]ndividual members of the Board shall not exercise any
administrative responsibility with respect to the schools or command the services of
any school employee. Individual Board members shall submit requests for
information to the Superintendent or designee.

Board members have an obligation to conform their conduct to the bylaws. Board Bylaw 9005
states that, among other things, Board members must ?[u]nderstand the distinctions between Board
and staff roles, and refrain from performing management functions that are the responsibility of the
Superintendent.? Furthermore, Board members must also ?[a]ct with dignity, and understand the
implications of demeanor and behavior.? Failure to abide by these bylaws creates liability for the
District, the Board, and individual Board members.

By way of example, my staff has informed me that you are directing them to provide you with
?failure analysis? reports of perceived shortcomings, that you set speci?c deadlines for such
reports, and demand that they seek your personal permission to exceed such deadlines. You
admitted to this behavior to a reporter with the Fresno Bee and your comments were quoted in

 

2309 Tulare Street - Fresno, CA 93 721?2287 

media reports. (See AppletOn, Is Bob Nelson Right for Fresno Uni?ed? The New Board May Have
Its Say (Jan. 11, 2018. 1:23 pm.) Fresno Bee 
education/arti016224255915 .htmi>.)

You also routinely insert yourself into meetings at which your attendance has not been requested
and where it is not appropriate. I am aware that you insist that you be permitted to attend meetings
where con?dential student information is discussed, and that you demand copies of sensitive
student information, investigation reports, and surveillance footage. Additionally,employees have
expressed their concern to me that you regularly raise your voice, make accusations, and use
profanity when you feel that your authority is challenged. The Fresno Bee article stated you
believe ?the ability to walk into any room at the district and ask questions [is your] right as a
trustee.? (See id.) This belief is not correct.

In an e-mail communication you sent to me on January 10, 2019, you described the District as a
?turd,? that it was my ?turd? and that you would not accept slow change. In the e?mail, you
describe yourself as a ?sheepdog,? a person who you say ?has a capacity for violence.? You
described Sheepdogs? ?in camouflage fatigues, holding an 16? ready to plotect ??sheep from
?wolves? by any means you see necessary. Attached to that email, you sent a photoglaph of
yourself wearing camou?age fatigues holding an automatic weapon This e-mail was?and 13?-
very distu1bing to me. EVen more disturbing IS the fact that on Friday, January 11,2019?the very
next day after you sent that e-Inail?you became involved in a physical altercation with a student
at Bullard High School. This behavior cannot be tolerated.

As you may recall, in 2007, the District?s Board of Trustees was the subject of an investigation by
the Fresno County Grand Jury. In its formal Report, the Grand Jury admonished District trustees
for their failure to conform their conduct to its lawful bounds. The Grand Jury declared that
individual School Board members must ?understand[] the distinctions between board and staff
roles and refrain from performing management functions that are the responsibility of the
superintendent and staff.? (F1 esno County Grand Jury, 2006~2007 Final Report (he1einafter ?Grand

Ju1y Report?), p. 175.)

The Grand Jury report found that then-Board President and then-Clerk had engaged in signi?cant
?micro?managing? of the District administration. In particular, the Grand Jury reprimanded the
District?s Board for, among other things:

0 Sending e?mails and other lists to the Superintendent and staff with directives .?of things to
do that clearly are management in nature;

- Becoming inappropriately involved with District personnel issues;

0 Making excessive demands on staff for information, research, and justi?cation for actions
taken and proposed to the extent it has hindered the Superintendent and staff from
completing their assigned tasks in a reasonable manner;

0 Scheduling meetings, setting agendas, purporting to represent the District, and blindsiding
the staff in violation of generally accepted school board practices and policies.

 

2309 Tuiare Street Fresno. CA 93721-2287 i'esnozmi red. or

(Grand Jury Report, p. 175.)

The Grand Jury determined that these behaviors ?seriously harmed the District and undermined the
faith and trust of the Superintendent and staff. They [were] distracting the District from its primary
mission, the improvement of student achievement.? (Grand Jury Report, p. 176.)

Trustee Slatic, since your election to the Beard you have routinely exceeded your authority under
applicable law and Board Bylaw. In fact, you have done each of every one of the impermissible
?micro-managing? behaviors called out by the 2007 Grand Jury. Beyond that, your general
behavior toward staff is demanding, demeaning, abrisive, and unnecessarily confrontational. In
short, you have exhibited a ?agrant disregard for the laws and rules that govern our school district
and the behavior of trustees.

I insist that you refrain from interfering in the operation of the District by engaging in
impermissible administrative functions. I further insist that you conform your conduct to the limits
expressly set forth by law, Board Bylaw,- and general policy of civility. 1

Respectfully,

Wow 1

Robert G. Nelson, 
Superintendent

Cc: Claudia Cazares, President, Board of Trustees
Carol Mills, J.D., Clerk, Board of Trustees

 

2309 uiare Street Fresno. CA 93 721-2287 res-norm red. or

EXHIBIT 3

 

 

 

 


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.. EXHIBIT 4

 BE REPRODUCED ON DISTRICT 

February 22, 2019

Bv us. Mail and bv email at: 

 



Re: Notice of Investigation and Complaint Procedures

Dear Mr. 

On January 28, 2019, Fresno Uni?ed School District (?District?) staff received a
complaint from you, alleging that District Board member Terry Slatic belittled,
disrespected, and threatened you. A copy of the complaint is attached. The District takes
these types of complaints seriously as Board members are expected to act with civility,
dignity, and professionalism on behalf of the District. A

As a result of your complaint, an investigation will be conducted to determine whether or
not the allegations are true and, if true, whether the conduct violates Board Bylaws
9005, 9200 or other relevant District policies or directives that discuss
appropriate Board member behavior and authority on the District?s campuses.

Kerrie McNally will serve as the person responsible for conducting the investigation
regarding your complaint. The investigator or the District will contact you to coordinate
a time for the initial interview with the investigator. After Ms. McNally has met with
you, she may need to interview you again during the course of the investigation. Please
?nnish the investigator with copies of any documents, including any electronic records or
recording, you feel are relevant and give her the names of any witnesses that have
personal information about the complaint that you believe should be interviewed. Ms.
McNally will interview relevant witnesses and review relevant documents. The
investigation will be conducted as con?dentially as possible.

During the course of this investigation, the District asks that you refrain from discussing
the investigation or the underlying incident with anyone to the extent that such
communications may impact the integrity of the investigation. Please note that this does
not prevent you from discussing the complaint with an attorney.

The District prohibits retaliation against complainants or other participants in the
investigation process. For this reason, please let us know if you feel you have been

retaliated against because of your complaint and/or the underlying investigation.

Please contact me if you have any questions regarding the above.

Sincerely,

David Chavez
Chief of Staff
Fresno Uni?ed School District

Enclosures: BB 9005
BB 9200

 
February 22, 2019
By US. Mail and by email at 

Ter1y Slatic 


Re: Notice of Investigation and Complaint Procedures
Dear Mr. Slatic:

On February 11, 2019, District staff received a complaint, alleging that you intimidated

three coaches at the Bullard High School campus, and
(?Complainants?) and abused your position on the Boa1 A copy of the

complaint is attached. The District takes these types of complaints se1iously as Board
members are expected to act with civility, dignity, and professionalism on behalf of the
District.

As a result of this complaint, an investigation will be conducted to determine whether or
not the allegations are true and, if true, whether the conduct violates Board Bylaws
9005, 9200 or other relevant documents or directives that discuss appropriate
Board member behavior and authority on the District?s campuses.

Kerrie McNally will serve as the person responsible for conducting the investigation of
the complaint. The investigator or the District will contact you to coordinate a time for
the initial interview with the investigator. After Ms. McNally has met with you, she may
need to interview you again during the course of the investigation. Please furnish the
investigator with copies of any documents, including any electronic records or recording,
you feel are relevant and give her the names of any witnesses that have personal
information about the complaint that you believe should be interviewed. Ms. McNally
will interview relevant Witnesses and review relevant documents. The investigation will
be conducted as confidentially as possible.

During the course of this investigation, the District asks that you refrain from discussing
the investigation or the underlying incident with anyone to the extent that such
communications may impact the integrity of the investigation. Please note that this does
not prevent you from discussing the complaint with an attorney. Additionally, you are
hereby directed to refrain from in any way contacting the Complainants.

The District prohibits retaliation against complainants or other participants in the
investigation process. For this reason, you are hereby directed to refrain from retaliating

against the Complainants or anyone else who participates in the underlying investigation.

Please contact me if you have any questions regarding the above.

Sincerely,

David Chavez
Chief of Staff
Fresno Uni?ed School District

Enclosures: BB 9005
BB 9200

EXHIBIT 5

r?
Fresno Uni?ed
School District

Board
Orientation

Handbook
School Year 2018/19



 

Insert Date
Dear Board Trustees:
In an effort to continually improve the Board of Education website we are asking you to take a moment
to complete the following questionnaire. The purpose of the questionnaire is to create individual bios
for each board member; which will be linked to each high school webpage. Please return the completed
questionnaire to the Board Office by Thursday, January 31, 2019.
1.

Where were you born, and how long have you lived in Fresno?

2. What has been your work experience?
3. Are you married and/or have children/grandchildren?
4. Where did you attend high school and/or college?
5. Do you belong to any associations or affiliations?
6. Do you have any outside interests or hobbies?
7. Is there any other information you would like to share about yourself?

 Things Every New Board Member Needs to Know
Fresno Unified School District
2309 Tulare Street, Fresno, CA 93721
Fresno Unified Main Number: (559) 457-3000
Superintendent and Superintendent’s Assistant Contact Information:
Name
Dr. Robert G. Nelson
Maria Majorek-Hockert

Office
(559) 3884
(559) 457-3884

Mobile

Email
Bob.Nelson@fresnounified.org
Maria.MajorekHockert@fresnounified.org

Board Member Contact Information:
Area
1
2
3
4
5
6
7

Name
Keshia Thomas
Elizabeth Jonasson Rosas
Valerie F. Davis
Genoveva (Veva) Islas
Carol Mills, J.D.
Claudia Cazares
Major Terry Slatic

Mobile

Email
Keshia.Thomas@fresnounified.org
Elizabeth.Jonasson.Rosas@fresnounified.org
Valerie.Davis@fresnounified.org
Veva.Islas@fresnounified.org
Claudia.Cazares@fresnounified.org
Terry.Slatic@fresnounified.org

District Goals 2014-2019
All students will excel in reading, writing and math
All students will engage in arts, activities and athletics
All students will demonstrate the character and competencies for workplace success
All students will stay in school on target to graduate

Student Population (74,000+)
More than 59 languages spoken by students and their families
African American
Native American
Asian
Hispanic
Pacific Islander
White (not Hispanic)

8.7%
0.6%
11.4%
67.7%
0.3%
9.7%

Students Living in Poverty
Students Receiving Special Education
English Leaner Students (21.8%)
Elementary
Middle
High

Total Schools
•

66 Elementary Schools

•

15 Middle Schools

•

9 High Schools

•

4 Alternative Schools

•

3 Special Education Schools

•

1 Adult School

88.5%
7,681
16,180
42,832
10,903
19,720

 Board Meeting Dates

FRESNO UNIFIED SCHOOL DISTRICT
BOARD OF EDUCATION
REGULAR BOARD MEETINGS FOR 2018/19
ALL MEETINGS WILL BE HELD AT
FRESNO UNIFIED SCHOOL DISTRICT
EDUCATION CENTER, 2309, TULARE STREET - 2ND FLOOR
TIMES WILL BE SPECIFIED ON THE AGENDA

2018
August 8 and 22
September 5 and 19
October 3 and 17
November 14
December 12
********************************
2019
January 16 and 30
February 13 and 27
March 6 and 20
April 3 and 10
May 1, 15 and 29
June 12
BOARD WORKSHOP DATES
Wednesday, September 12, 2018
Wednesday, December 5, 2018

(Approval of these dates will not preclude either additions or changes any time)
BOARD APPROVED MARCH 7, 2018

 FRESNO UNIFIED SCHOOL DISTRICT
BOARD OF EDUCATION
REGULAR BOARD MEETINGS FOR 2019/20
ALL MEETINGS WILL BE HELD AT
FRESNO UNIFIED SCHOOL DISTRICT
EDUCATION CENTER, 2309, TULARE STREET - 2ND FLOOR
TIMES WILL BE SPECIFIED ON THE AGENDA

2019
August 7 and 21
September 4 and 18
October 2 and 16
November 6 and 20
December 11
********************************
2020
January 15 and 29
February 12 and 26
March 4 and 18
April 1 and 15
May 6 and 20
June 10 and 17
PROPOSED BOARD WORKSHOP DATES
Wednesday, September 11, 2019
Monday, December 2, 2019

(Approval of these dates will not preclude either additions or changes any time)
BOARD APPROVED MARCH 7, 2018

 Board Bylaws 9000

Fresno USD   9000   BB 9000 Board Bylaws
Role Of The Board (Powers And Responsibilities)
The Governing Board is elected by the community to provide leadership and citizen oversight of
the district's schools. The Board shall work with the Superintendent to fulfill its major roles,
which include:
1. Establishing a long-term vision for the district
2. Establishing and maintaining a basic organizational structure for the district, including
employment of the Superintendent and adoption of policies, curriculum, the budget and the
collective bargaining agreement
3. Ensuring accountability to the local community, including personnel, programmatic and fiscal
accountability and service as a judicial and appeals body as needed
4. Providing community leadership and advocacy at the local, state and national levels on behalf
of children, district programs and public education
The Board is authorized to establish and finance any program or activity that is not in conflict
with, inconsistent with, or preempted by law. (Education Code 35160)
The Board may delegate any of its duties to the Superintendent or designee but shall be ultimately
responsible for the performance of any duties it delegates. (Education Code 35161)
(cf. 2120 - Superintendent of Schools)
(cf. 2210 - Administrative Leeway in Absence of Governing Board Policy)
Vision
The Board shall set the direction for the district by adopting a vision statement which defines the
district's goals and priorities. The Board shall carry out its vision-setting role by identifying the
strengths and needs of the district, developing and adopting a process for framing the vision,
soliciting staff and community input as appropriate, ensuring that the adopted vision statement is
implemented, and conducting a periodic review of the vision.
(cf. 0100 - Philosophy)
(cf. 0200 - Goals for the School District)
Superintendent Selection and Evaluation
The Board shall be solely responsible for employing the Superintendent and ensuring that he/she
is the best match for the district based on needed abilities, traits and level of knowledge. When
selecting a new Superintendent, the Board shall ensure a smooth transition period; evaluate the
district's current and long-term needs; plan and conduct a process for recruitment, screening and
selection; and approve the Superintendent's employment contract. The Board shall yearly

 evaluate the Superintendent based on an evaluation system and performance objectives
established by the Board and Superintendent.
(cf. 2121 - Superintendent's Contract)
(cf. 2122 - Superintendent of Schools: Responsibilities and Duties)
(cf. 2123 - Evaluation of the Superintendent)
Policy Adoption and Monitoring
The Board shall govern the schools by adopting policies that reflect the district's vision and the
mandates of law. The Board shall establish a clear policy development process through which it
may deliberate on issues, identify priorities, assign responsibilities, identify goals and courses of
action, and review policy decisions.
The Board shall also adopt bylaws that promote cooperation, trust and teamwork among its
members, give parameters to the Board's operation as a governing body, and ensure that its
meetings proceed efficiently and in compliance with law.
(cf. 9200 - Members)
(cf. 9300 - Governance)
(cf. 9311 - Board Policies)
(cf. 9312 - Board Bylaws)
(cf. 9323 - Meeting Conduct)
(cf. 9400 - Board Self-Evaluation)
Curriculum Adoption and Program Accountability
While the design and implementation of curriculum is primarily a staff responsibility, the Board's
role is to adopt overall educational goals and
standards, define the curriculum development process, specify graduation requirements, adopt the
developed curriculum and ensure compliance with state and federal laws.
To ensure accountability to the community, the Board shall establish measurable benchmarks to
assess the effectiveness of the district's educational programs in producing desired student
achievement results. Based on these assessments, the Board shall direct the Superintendent or
designee to take corrective actions as needed.
(cf. 0420.5 - School-Based Decision Making)
(cf. 6010 - Goals and Objectives)

 (cf. 6011 - Academic Standards)
(cf. 6141 - Curriculum Development and Evaluation)
(cf. 6146.1 - High School Graduation Requirements/Standards of Proficiency)
(cf. 6146.5 - Elementary School Promotion/Standards of Proficiency)
(cf. 6162.5 - Student Assessment)
(cf. 6190 - Evaluation of the Instructional Program)
Budget, Facilities and Fiscal Accountability
The Board shall adopt a sound, responsible budget that supports district goals and priorities. To
guide the Superintendent or designee in development of the budget, the Board shall establish a
budget calendar, budget process and spending priorities.
Recognizing that school facilities are a long-term obligation that impacts district budgets, the
Board shall also ensure that a plan is in place to address the district's facility needs, including the
funding, construction and maintenance of school facilities. The Board shall approve facility sites,
funding sources and architectural and construction contracts.
The Board recognizes that it is accountable to the community for its budget and facilities
decisions and for the district's fiscal integrity. The Board shall use accountability systems and
processes in order to monitor the district's fiscal health.
(cf. 3000 - Concepts and Roles)
(cf. 3100 - Budget)
(cf. 3312 - Contracts)
(cf. 3460 - Financial Reports and Accountability)
(cf. 7110 - Facilities Master Plan)
(cf. 7140 - Architectural and Engineering Services)
(cf. 7150 - Site Selection and Development)
(cf. 7210 - Facilities Financing)
Collective Bargaining
The Board is the legal representative of the district in negotiations with employee representatives.
In carrying out the collective bargaining process, the Board shall set goals and guidelines for
collective bargaining, approve the selection of the bargaining team, maintain communications
throughout the process and approve the negotiated contract.

 (cf. 4141/4241 - Collective Bargaining Agreement)
(cf. 4143/4243 - Negotiations/Consultation)
Judicial and Appeals Body
In addition to establishing complaint procedures that ensure due process and facilitate the
satisfactory resolution of issues, the Board may convene to serve as a judicial and appeals body in
accordance with law, Board policies and negotiated agreements. The Board may delegate factfinding or hearing responsibilities in appropriate cases but remains the final decision-maker in
these proceedings.
(cf. 1312 - Complaints Concerning the Schools)
(cf. 4031 - Complaints Concerning Discrimination in Employment)
(cf. 4117.3 - Personnel Reduction)
(cf. 4117.4 - Dismissal)
(cf. 4144/4244/4344 - Complaints)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)
(cf. 4317.3 - Personnel Reduction)
(cf. 5116.1 - Intradistrict Open Enrollment)
(cf. 5117 - Interdistrict Attendance)
(cf. 5119 - Students Expelled from Other Districts)
(cf. 5125.3 - Challenging Student Records)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 6159.1 - Procedural Safeguards and Complaints for Special Education)
(cf. 6164.6 - Identification and Education under Section 504)
Community Leadership
Recognizing that the level of local, state and national support for education impacts the Board's
ability to fulfill its responsibilities, the Board shall engage in advocacy on behalf of district
schools. The Board shall ensure that the district has the capability to respond to emergency issues
as well as a proactive communications plan for issues that are district priorities.

 The Board shall also build and maintain community support by actively involving
parents/guardians, business and other community members in the schools and informing them
about district programs, policies and issues.
(cf. 1112 - Media Relations)
(cf. 1160 - Political Processes)
(cf. 1400 - Relations between Other Governmental Agencies and the Schools)
(cf. 1700 - Relations between Private Industry and the Schools)
(cf. 9010 - Public Statements)
Legal Reference:
EDUCATION CODE
5304 Duties of governing board (re school district elections)
12400-12405 Authority to participate in federal programs
17565-17592 Board duties re property maintenance and control
33319.5 Implementation of authority of local agencies
35000 District name
35010 Control of district; prescription and enforcement of rules
35020-35046 Officers and agents
35100-35351 Governing boards, especially:
35160-35185 Powers and duties
35291 Rules
Bylaw FRESNO UNIFIED SCHOOL DISTRICT
adopted: September 26, 1991 Fresno, California
revised: January 30, 1997
revised: January 12, 2000

 Fresno USD   9000   BB 9005 Board Bylaws
Governance Standards
The Governing Board believes that its primary responsibility is to act in the best interests of every
student in the district. The Board also has major commitments to parents guardians, all members
of the community, employees, the state of California, laws pertaining to public education, and
established policies of the district. To maximize Board effectiveness and public confidence in
district governance, Board members are expected to govern responsibly and hold themselves to
the highest standards of ethical conduct.
(cf. 9000 - Role of the Board)
(cf. 9270 - Conflict of Interest)
The Board expects its members to work with each other and the Superintendent to ensure that a
high-quality education is provided to each student. Each individual Board member shall:
1. Keep learning and achievement for all students as the primary focus
2. Value, support and advocate for public education
(cf. 9010 - Public Statements)
3. Recognize and respect differences of perspective and style on the Board and among staff,
students, parents and the community
4. Act with dignity, and understand the implications of demeanor and behavior
5. Keep confidential matters confidential
(cf. 9011 - Disclosure of Confidential/Privileged Information)
6. Participate in professional development and commit the time and energy necessary to be an
informed and effective leader
(cf. 9240 - Board Development)
7. Understand the distinctions between Board and staff roles, and refrain from performing
management functions that are the responsibility of the Superintendent and staff
(cf. 2122 - Superintendent of Schools: Responsibilities and Duties)
8. Understand that authority rests with the Board as a whole and not with individuals
(cf. 9200 - Members)

 Board members also shall assume collective responsibility for building unity and creating a
positive organizational culture. To operate effectively, the Board shall have a unity of purpose
and:
1. Keep the district focused on learning and achievement for all students
2. Communicate a common vision
(cf. 0000 - Vision)
(cf. 0100 - Philosophy)
(cf. 0200 - Goals for the School District)
3. Operate openly, with trust and integrity
4. Govern in a dignified and professional manner, treating everyone with civility and respect
5. Govern within Board-adopted policies and procedures
(cf. 9311 - Board Policies)
(cf. 9312 - Board Bylaws)
6. Take collective responsibility for the Board's performance
7. Periodically evaluate its own effectiveness
(cf. 9400 - Board Self-Evaluation)
8. Ensure opportunities for the diverse range of views in the community to inform Board
deliberations
(cf. 1220 - Citizen Advisory Committees)
(cf. 9323 - Meeting Conduct)
Legal Reference:
EDUCATION CODE
35010 Power of governing board to adopt rules for its own governance
35160 Board authority to act in any manner not conflicting with law
35164 Actions by majority vote
GOVERNMENT CODE

 1090 Financial interest in contract
1098 Disclosure of confidential information
1125-1129 Incompatible activities
54950-54963 The Ralph M. Brown Act
87300-87313 Conflict of interest code
Management Resources:
CSBA PUBLICATIONS
CSBA Professional Governance Standards, 2000
Maximizing School Board Leadership: Boardsmanship, 1996
WEB SITES
CSBA: www.csba.org
Bylaw FRESNO UNIFIED SCHOOL DISTRICT
adopted: November 14, 2001 Fresno, California

 

 Fresno USD   9000   BB 9121 Board Bylaws
President
The Governing Board shall elect a president from among its members to provide leadership on behalf of
the Board and the educational community it serves.
(cf. 9000 – Role of the Board)
(cf. 9005 – Governance Standards)
(cf. 9100 – Organization)
To ensure that Board meetings are conducted in an efficient, transparent, and orderly manner, the
president shall:
1. Call such meetings of the Board as the President may deem necessary, giving notice as required by law
(cf. 9320 - Meetings and Notices)
(cf. 9321 - Closed Session Purposes and Agendas)
2. Consult with the Superintendent or designee on the preparation of Board meeting agendas
(cf. 9322 - Agenda/Meeting Materials)
3. Call the meeting to order at the appointed time and preside over the meeting
4. Announce the business to come before the Board in its proper order
5. Enforce the Board's bylaws related to the conduct of meetings and help ensure compliance with
applicable requirements of the Brown Act
6. Recognize persons who desire to speak
7. Facilitate the Board's effective deliberation, ensuring that each Board member has an opportunity to
participate in the deliberation and that the discussion remains focused
8. Rule on parliamentary procedure
9. Put motions to a vote, and state clearly the results of the vote
(cf. 9323 – Meeting Conduct)
With Board approval, agenda items may be rearranged during a meeting in order to accommodate the
public.
The president shall have all the rights of any member of the Board, including the right to move, second,
discuss, and vote on all questions before the Board.
The Board President shall also perform other duties in accordance with law and Board policy, including,

 but not limited to:
1. Signing all instruments, acts, orders and resolutions necessary to comply with legal requirements and
carry out the will of the Board
2. Working with the Superintendent, or designee, to ensure that Board members have necessary materials
and information;
3. Subject to Board approval, appointing and dissolving all committees
(cf. 9130 - Board Committees)
4. In conjunction with the Superintendent or designee, representing the district as a spokesperson in
communications with the media
(cf. 1112 - Media Relations)
5. Leading the Board's advocacy efforts to build support within the local community and at the state and
national levels
The president is encouraged to participate in the California School Boards Association's Board President's
Workshop and other professional development opportunities to enhance their leadership skills.
(cf. 9240 - Board Training)
When the president resigns or is absent or disabled, the clerk shall perform the president’s duties. When
both the president and the clerk are absent or disabled, the Board shall choose a president pro tempore to
perform the president’s duties.
(cf. 9123 – Clerk)

Fresno Unified School District does not harass, intimidate, or discriminate on the basis of race, color, ethnicity,
national origin, ancestry, age, creed, religion, political affiliation, gender, gender identity or expression or genetic
information, mental or physical disability, sex, sexual orientation, parental or marital status, military veteran status,
or any other basis protected by law or regulation, in its educational program(s) or employment.
Legal Reference:
EDUCATION CODE
35022 President of the board
35143 Annual organizational meetings; dates and notice
GOVERNMENT CODE
54950-54963 Ralph M. Brown Act
CSBA PUBLICATIONS
Board Presidents’ Handbook, revised 2002
CSBA Professional Governance Standards, 2000

Bylaw FRESNO UNIFIED SCHOOL DISTRICT
adopted: September 26, 1991 Fresno, California
revised: January 12, 2000
revised: May 30, 2018

 Fresno USD   9000   BB 9123 Board Bylaws
Clerk
At the annual organizational meeting, the Governing Board shall elect a clerk from its own
membership (Education Code 35143).
(cf. 9100 - Organization)
The duties of the clerk shall be to:
1. Certify or attest to actions taken by the Board when required
2. Maintain such other records or reports as required by law
3. Sign the minutes of Board meetings following their approval
(cf. 9324 -Minutes and Recordings)
4. Sign documents on behalf of the district as directed by the Board
5. Serve as presiding officer in the absence of the president
(cf. 9121 - President)
6. Notify Board members and members-elect of the date and time for the annual
organizational meeting
7. Perform any other duties assigned by the Board
Fresno Unified School District does not harass, intimidate, or discriminate on the basis of race,
color, ethnicity, national origin, ancestry, age, creed, religion, political affiliation, gender, gender
identity or expression or genetic information, mental or physical disability, sex, sexual
orientation, parental or marital status, military veteran status, or any other basis protected by law
or regulation, in its educational program(s) or employment.

Legal Reference:
EDUCATION CODE
17593 Repair and supervision of property (duty of district clerk)
35038 Appointment of clerk by county superintendent of schools
35039 Dismissal of clerk
35121 Appointment of clerk in certain city and high school districts
35143 Annual organizational meetings
35250 Duty to keep certain records and reports
38113 Duty of clerk (re provision of school supplies)
GOVERNMENT CODE

 Fresno USD   9000   BB 9200 Board Bylaws
Limits Of Board Member Authority
The Governing Board recognizes that the Board is the unit of authority over the district and that a
Board member has no individual authority. Board members shall hold the education of students
above any partisan principle, group interest, or personal interest.
(cf. 1160 Political Process)
(cf. 9000 - Role of Board and Members)
(cf. 9005 Governance Standards)
(cf. 9270 Conflict of Interest)
(cf. 9323 Meeting Conduct)
Individually, the Board member may not commit the district to any policy, act or expenditure.
(cf. 9005 Governance Standards)
Unless agreed to by the Board as a whole, individual members of the Board shall not exercise any
administrative responsibility with respect to the schools or command the services of any school
employee. Individual Board members shall submit requests for information to the Superintendent
or designee.
(cf. 1340 - Access to District Records)
(cf. 4112.6/4212.6/4312.6 Personnel Files)
(cf. 9005 Governance Standards)
(cf. 9011 - Disclosure of Confidential/Privileged Information)
(cf. 9322 Agenda/Meeting Materials)
Individual Board members do not have the authority to resolve complaints. Any Board member
approached directly by a person with a complaint should refer the complaint to the
Superintendent or designee so that the problem may receive proper consideration and be handled
through the appropriate district process.
(cf. 1312.1 Complaints Concerning District Employees)
(cf. 1312.2 Complaints Concerning Instructional Materials)
(cf. 1312.3 Uniform Complaint Procedures)
(cf. 1312.4 Williams Uniform Complaint Procedures)

 (cf. 3320 Claims and Actions Against the District)
(cf. 4031 Complaints Concerning Discrimination in Employment)
(cf. 6159.1 Procedural Safeguards and Complaints for Special Education)
A Board member whose child is attending a district school should be aware of his/her role as a
Board member when interacting with district employees about his/her child. Because his/her
position as a Board member may inhibit the performance of school personnel, a Board member
shall inform the Superintendent or designee before volunteering at his/her childs classroom.
(cf. 1240 Volunteer Assistance)
(cf. 5020 Parent Rights and Responsibilities)
(cf. 6020 Parent Involvement)
Board members shall refer Board-related correspondence to the Superintendent or designee for
forwarding to the Board or for placement on the Board's agenda.
The Superintendent or designee shall provide a copy of the states open meeting laws (Brown Act)
to each Board member and to anyone who is elected to the Board but has not yet assumed office.
Board members and persons elected to the Board who have not yet assumed office are
responsible for complying with the requirements of the Brown Act. (Government Code 54952.1)
Legal Reference:
EDUCATION CODE
200-262.4 Prohibition of discrimination
7054 Use of district property
35010 Control of district; prescription and enforcement of rules
35100-35351 Governing boards, especially:
35160-35184 Powers and duties
35291 Rules
35292 Visits to schools (Board members)
51101 Rights of parents/guardians
GOVERNMENT CODE

 54950-54962 The Ralph M. Brown Act, especially:
54952.1 Member of a legislative body of a local agency
54952.7 Copies of chapter to members of legislative body
Management Resources:
CSBA PUBLICATIONS
CSBA Professional Governance Standards, 2000
Maximizing School Board Leadership: Boardsmanship, 1996
WEB SITES
CSBA: http://www.csba.org
Bylaw FRESNO UNIFIED SCHOOL DISTRICT
adopted: September 26, 1991 Fresno, California
revised: August 25, 1994
reviewed: January 12, 2000
reviewed: October 5, 2004
revised: June 18, 2008

 54950-54963 Ralph M. Brown Act
Management Resources:
CSBA PUBLICATIONS
CSBA Professional Governance Standards, 2000
Maximizing School Board Leadership: Boardsmanship, 1996
WEB SITES
CSBA: http://www.csba.org

Bylaw FRESNO UNIFIED SCHOOL DISTRICT
adopted: September 26, 1991 Fresno, California
revised: January 12, 2000
revised: December 3, 2003
revised: June 18, 2008
revised: March 22, 2017

 Fresno USD   9000   BB 9250 Board Bylaws
Remuneration, Reimbursement And Other Benefits
Compensation
Each member of the Governing Board may receive the monthly compensation as provided for in
Education Code 35120.
On an annual basis, the Board may increase the compensation of Board members beyond the limit
delineated in Education code 35120 in an amount not to exceed five percent based on the present
monthly rate of compensation. (Education code 35120)
Board members are not required to accept payment for meetings attended.
Any member who does not attend all Board meetings during the month, he/she is eligible to
receive only a percentage of the monthly compensation equal to the percentage of meetings
he/she attended, unless otherwise authorized by the Board in accordance with law. (Education
Code 35120)
A member may be compensated for meetings he/she missed when the Board, by resolution, finds
that he/she was performing designated duties for the district at the time of the meeting or that
he/she was absent because of illness, jury duty or a hardship deemed acceptable by the Board
(Education code 35120)
Student Board members shall receive no remuneration for meetings attended. (Education Code
35012)
(cf. 9150-Student Board Members)
Whenever a quorum of Board members serves as another legislative body which will meet
simultaneously or in serial order to a Board meeting, the Board clerk or a member of the Board
shall verbally announce the amount of any additional compensation or stipend that each member
will be entitled to receive as a result of convening the simultaneous or serial meeting.
(Government Code 54952.3)
Reimbursement of Expenses
Board members shall be reimbursed for actual and necessary expenses incurred when performing
authorized services for the district. Expenses for travel or other authorized purposes, as directed
by the Board, shall be reimbursed in accordance with policies established for district personnel
and at the same rate of reimbursement.
(cf. 1160- Political Processes)
(cf. 3100 – Budget)
(cf. 3350- Travel Expenses)
(cf. 3513.1 Cellular Phone Reimbursement)
Authorized purposes may include, but are not limited to, attendance at educational seminars or
conferences designed to improve Board members' skills and knowledge; participation in regional,

 state, or national organizations whose activities affect the district's interests; attendance at district
or community events; and meetings with state or federal officials on issues of community
concern.
Personal expenses shall be the responsibility of individual Board members. Personal expenses
include, but are not limited to, the personal portion of any trip, tips or gratuities, alcohol,
entertainment, laundry, expenses of any family member who is accompanying the Board member
on district-related business, personal use of an automobile, and personal losses and traffic
violation fees incurred while on district business.
Before the expense is incurred, any questions regarding the propriety of a particular type of
expense should be resolved by the Superintendent or designee.
Health and Welfare Benefits for Current Board Members
Health and welfare benefits for Board members shall be no greater than those received by district
nonsafety employees with the most generous schedule of benefits. (Government Code 53208.5)
The district shall pay the premiums required for Board members electing to participate in the
district health and welfare benefits program to the same extent that it pays for district employees.
Health and welfare benefits provided to Board members shall be extended at the same level to
their spouses/registered domestic partner and to their eligible dependent children as specified in
law and the health plan.
(cf. 4154/4254/4354 - Health and Welfare Benefits)
Health and Welfare Benefits for Former Board Members
Former Board members may participate in the health and welfare benefits program provided for
district employees under the conditions specified below.
Health and welfare benefits for former Board members shall be no greater than those received by
district nonsafety employees with the most generous schedule of benefits. (Government Code
53208.5)
Any former Board member leaving the Board after at least one term of office may participate in
the health and welfare benefits program at his/her own expense if coverage is in effect at the time
of retirement. (Government Code 53201)
Health and welfare benefits provided to a former Board member shall be extended, at his/her
expense and at the same level, to his/her spouse/registered domestic partner and eligible
dependent children as specified in law and the health plan.
Fresno Unified School District does not harass, intimidate, or discriminate on the basis of race,
color, ethnicity, national origin, ancestry, age, creed, religion, political affiliation, gender,
gender identity or expression or genetic information, mental or physical disability, sex, sexual
orientation, parental or marital status, military veteran status, or any other basis protected by
law or regulation, in its educational program(s) or employment.

 Legal Reference:
EDUCATION CODE
33050-33053 General waiver authority
33362-33363 Reimbursement of expenses for attendance at workshops
35012 Board members; number, election and term
35044 Payment of traveling expenses of representatives of board
35120 Compensation services as member of governing board
35172 Promotional activities
44038 Cash deposits for transportation purchased on credit
FAMILY CODE
297-297.5 Rights, protections and benefits under law; registered domestic partners
GOVERNMENT CODE
8314 Use of public resources
20322 Elective officers; election to become member
20420-20445 Membership in Public Employees’ Retirement System; definition of safety
employees
53200-53209 Group insurance
54952.3 Simultaneous or serial meetings; announcement of compensation
HEALTH AND SAFETY CODE
1373 Health services plan, coverage for dependent children
INSURANCE CODE
10277-10278 Group and individual health insurance, coverage for dependent children
UNITED STATES CODE, TITLE 26
403(b) Tax-sheltered annuities
UNITED STATES CODE, TITLE 42
18011 Right to maintain existing health coverage
CODE OF FEDERAL REGULATIONS, TITLE 26
1.403(b)-2 Tax-sheltered annuities, definition of employee
COURT DECISIONS
Thorning v. Hollister School District, (1992) 11 Cal.App.4th 1598
Board of Education of the Palo Alto Unified School District v. Superior Court of Santa Clara
County, (1979) 93 Cal.App.3d 578
ATTORNEY GENERAL OPINIONS
91 Ops.Cal.Atty.Gen 37 (2008)
83 Ops.Cal.Atty.Gen. 124 (2000)
Management Resources:
WEB SITES
CSBA: http://www.csba.org
Public Employees' Retirement System: http://www.calpers.ca.gov

 Bylaw FRESNO UNIFIED SCHOOL DISTRICT
adopted: September 26, 1991 Fresno, California
reviewed: January 12, 2000
revised: January 14, 2004
revised: April 11, 2012
revised: June 1, 2016

 Fresno USD   9000   BB 9270 Board Bylaws
Conflict Of Interest

The Governing Board desires to maintain the highest ethical standards and help ensure
that decisions are made in the best interest of the district and the public. Accordingly, no
Board member, district employee, or other person in a designated position shall
participate in the making of any decision for the district when the decision will or may be
affected by their financial, family, or other personal interest or consideration.
(cf. 9005 – Governance Standards)
Even if a prohibited conflict of interest does not exist, a Board member shall abstain from
voting on personnel matters that uniquely affect their relatives. However, a Board
member may vote on collective bargaining agreements and personnel matters that affect a
class of employees to which their relative belongs. Relative means an adult who is
related to the Board member by blood or affinity within the third degree, as determined
by the common law, or an individual in an adoptive relationship within the third degree.
(Education Code 35107)
A relationship within the third degree includes an individual's parents, grandparents,
great-grandparents, children, grandchildren, great-grandchildren, brothers, sisters, aunts,
uncles, nieces, nephews, and the similar family of the individual's spouse/registered
domestic partner unless the individual is widowed or divorced.
The Board shall adopt for the district a conflict of interest code that incorporates the
provisions of 2 CCR 18730 by reference, specifies the district's designated positions, and
provides the disclosure categories required for each position. The conflict of interest code
shall be submitted to the district's code reviewing body for approval, in accordance with
Government Code 87303 and within the deadline for submission established by the code
reviewing body. (Government Code 87303)
Upon direction by the code reviewing body, the Board shall review the district's conflict
of interest code and submit any changes to the code reviewing body or, if no change is
required, the Board shall submit a written statement to that effect. (Government Code
87306.5)
When a change in the district’s conflict of interest code is necessitated due to changed
circumstances, such as the creation of new designated positions, changes to the duties
assigned to existing positions, amendments, or revisions, the amended code shall be
submitted to the code reviewing body within 90 days after the changed circumstances
necessitating the amendments have become apparent. (Government Code 87306)
When reviewing and preparing the district’s conflict of interest code, the Superintendent
or designee shall provide officers, employees, consultants, and members of the

 community adequate notice and a fair opportunity to present their views. (Government
Code 87311)
(cf. 9320 – Meeting and Notices)
Board members and designated employees shall annually file a Statement of Economic
Interest/Form 700 in accordance with the disclosure categories specified in the district’s
conflict of interest code. A Board member who leaves office or a designated employee
who leaves district employment shall, within 30 days, file a revised statement covering
the period of time between the closing date of the last required statement and the date of
leaving office or district employment. (Government Code 87302, 87302.6)
(cf. 4117.2/4217.2/4317.2 – Resignation)
(cf. 9222 – Resignation)
Conflict of Interest under the Political Reform Act
A Board member, designated employee, or other person in a designated position shall not
make, participate in making, or in any way use or attempt to use their official position to
influence a governmental decision in which they knew or has reason to know that he/she
has a disqualifying conflict of interest. A disqualifying conflict of interest exists if the
decision will have a “reasonably foreseeable material financial effect” which is
distinguishable from the effect on the public generally, on the Board member, designated
employee or other person in a designated position, their immediate family, or any
financial interest described in 2 CCR 18700 (Government Code 87100, 87101, 87103;
2CCR 18700-18709)
A Board member, designated employee, or other person in a designated position makes a
governmental decision when, acting within the authority of their office or position,
authorizes or directs any action on a matter, votes or provides information or opinion on
it, contacts or appears before a district official for the purpose of affecting the decision, or
takes any other action specified in 2 CCR 18704.
However, a Board member shall participate in the making of a contract in which they
have a financial interest if their participation is required by the rule of necessity or legally
required participation pursuant to Government Code 87101 and 2 CCR 18705.
Additional Requirements for Boards that Manage Public Investments
Any Board member who manages public investments pursuant to Government Code
87200 and has a financial interest in a decision shall, upon identifying a conflict or
potential conflict of interest and immediately prior to the consideration of the matter, do
all of the following: (Government Code 87105; 2 CCR 18707)

 Publicly identify each financial interest that gives rise to the conflict or potential
conflict of interest in detail sufficient to be understood by the public, except that
disclosure of the exact street address of a residence is not required.

1.

Recuse themselves from discussing and voting on the matter, or otherwise acting
in violation of Government Code 87100. This Board member shall not be counted toward
achieving a quorum while the item is discussed.

2.

However, the Board member may speak on the issue during the time that the general
public speaks on it and may leave the dais to speak from the same area as members of the
public. They may listen to the public discussion and deliberations of the matter with
members of the public.
Leave the room until after the discussion, vote, and any other disposition of the
matter is concluded, unless the matter has been placed on the portion of the agenda
reserved for uncontested matters.

3.

If the Board's decision is made during closed session, disclose their interest orally
during the open session preceding the closed session. This disclosure shall be limited to a
declaration that their recusal is because of a conflict of interest pursuant to Government
Code 87100. They shall not be present when the item is considered in closed session and
shall not knowingly obtain or review a recording or any other nonpublic information
regarding the Board's decision.

4.

(cf. 3430 - Investing)
(cf. 9321 - Closed Session Purposes and Agendas)
(cf. 9321.1 - Closed Session Actions and Reports)
Conflict of Interest under Government Code 1090 – Financial Interest in a Contract
Board members, employees, or district consultants shall not be financially interested in
any contract made by the Board on behalf of the district, including in the development,
preliminary discussions, negotiations, compromises, planning, reasoning, and
specifications and solicitations for bids. If a Board member has such a financial interest
in a contract made by the Board, the contract is void (Government Code 1090)
A Board member shall not be considered to be financially interested in a contract in
which they have only a “remote interest” in the contract as specified in Government Code
1091, if the interest is disclosed during a Board meeting and noted in the official Board
minutes. The affected Board member shall not vote or debate on the matter or attempt to
influence any other Board member or district official to enter into the contract.
(Government Code 1091)
In addition, a Board member shall not be considered to be financially interested in a
contract in which their interest is a "noninterest" as defined in Government Code 1091.5.

 Noninterest includes a Board member's interest in being reimbursed for their actual and
necessary expenses incurred in the performance of their official duties, in the
employment of their spouse/registered domestic partner who has been a district employee
for at least one year prior to the Board member's election or appointment, or in any other
applicable circumstance specified in Government Code 1091.5.
Common Law Doctrine Against Conflict of Interest
A Board member shall abstain from any official action in which their private or personal
interest may conflict with their official duties.
Incompatible Offices and Activities
Board members shall not engage in any employment or activity or hold any office which
is inconsistent with, incompatible with, in conflict with, or inimical to the Board
member's duties as an officer of the district. (Government Code 1099, 1126)
(cf. 4136/4236/4336 – Nonschool Employment)
Gifts
Board members and designated employees may accept gifts only under the conditions and
limitations specified in Government Code 89503 and 2 CCR 18730.
The limitations on gifts do not apply to wedding gifts and gifts exchanged between
individuals on birthdays, holidays and other similar occasions, provided that the gifts
exchanged are not substantially disproportionate in value. (Government Code 89503)
In addition, the limitation on gifts does not apply to informational materials such as
books, reports, pamphlets, calendars, and periodicals. (Government Code 82028)
Gifts of travel and related lodging and subsistence shall be subject to the current gift
limitation, except when:
1. The travel is in connection with a speech given by a Board member or designated
employee, provided the lodging and subsistence expenses are limited to the day
immediately preceding, the day of, and the day immediately following the speech and the
travel is within the United States.
2. The travel is provided by a person or agency specified in Government Code 89506,
including a government, governmental agency or authority, bona fide public or private
educational institution, as defined in Revenue and Taxation Code 203, or nonprofit
organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code.
Gifts of travel exempted from the gift limitation, as described in items #1 and 2 above,
shall nevertheless be reportable on the recipient's Statement of Economic Interest/Form

 700 as required by law.
A gift of travel does not include travel provided by the district for Board members and
designated employees. (Government Code 89506)
Honoraria
Board members and designated employees shall not accept any honorarium, which is
defined as any payment made in consideration for any speech given, article published, or
attendance at any public or private conference, convention, meeting, social event, meal,
or like gathering. (Government Code 89501, 89502)
The term honorarium does not include: (Government Code 89501)
Earned income for personal services customarily provided in connection with a
bona fide business, trade or profession, unless the sole or predominant activity of the
business, trade or profession is making speeches.

1.

Any honorarium which is not used and, within 30 days after receipt, is either
returned to the donor or delivered to the district for donation into the general fund
without being claimed as a deduction from income for tax purposes.

2.

Fresno Unified School District does not harass, intimidate, or discriminate on the basis of race, color,
ethnicity, national origin, ancestry, age, creed, religion, political affiliation, gender, gender identity or
expression or genetic information, mental or physical disability, sex, sexual orientation, parental or marital
status, military veteran status, or any other basis protected by law or regulation, in its educational
program(s) or employment.

Legal Reference:
EDUCATION CODE
1006 Qualifications for holding office
35107 School district employees
35230-35240 Corrupt practices
35233 Prohibitions applicable to members of governing boards
41000-41003 Moneys received by school districts
41015 Investments
FAMILY CODE
297.5 Rights, protections, and benefits of registered domestic partners
GOVERNMENT CODE
1090-1099 Prohibitions applicable to specified officers
1125-1129 Incompatible activities
81000-91014 Political Reform Act of 1974, especially:

 82011 Code reviewing body
82019 Definition of designated employee
82028 Definition of gifts
82030 Definition of income
82033 Definition, interest in real property
82034 Definition, investment
87100-87103.6 General prohibitions
87200-87210 Disclosure
87300-87313 Conflict of interest code
87500 Statements of economic interests
89501-89503 Honoraria and gifts
89506 Ethics; travel
91000-91014 Enforcement
PENAL CODE
85-88 Bribes
REVENUE AND TAXATION CODE
203 Taxable and exempt property - colleges
CODE OF REGULATIONS, TITLE 2
18110-18997 Regulations of the Fair Political Practices Commission, especially:
18700-18707 General prohibitions
18722-18740 Disclosure of interests
18750.1-18756 Conflict of interest codes
COURT DECISIONS
McGee v. Balfour Beatty Construction, LLC, et al. (4/12/16, No. B262850)
Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261
Klistoff v. Superior Court, (2007) 157 Ca.App.4th 469
Thorpe v. Long Beach Community College District, (2000) 83 Cal.App.4th. 655
Kunec v. Brea Redevelopment Agency, (1997) 55 Cal.App.4th 511
ATTORNEY GENERAL OPINIONS
92 Ops.Cal.Atty.Gen. 26 (2009)
92 Ops.Cal.Atty.Gen. 19 (2009)
89 Ops.Cal.Atty.Gen.217 (2006)
86 Ops.Cal.Atty.Gen. 138(2003)
85 Ops.Cal.Atty.Gen. 60 (2002)
82 Ops.Cal.Atty.Gen. 83 (1999)
81 Ops.Cal.Atty.Gen. 327 (1998)
80 Ops.Cal.Atty.Gen. 320 (1997)
69 Ops.Cal.Atty.Gen. 255 (1986)
68 Ops.Cal.Atty.Gen. 171 (1985)
65 Ops.Cal.Atty.Gen. 606 (1982)
63 Ops.Cal.Atty.Gen. 868 (1980)
Management Resources:
CSBA PUBLICATIONS

 Conflict of Interest: Overview of Key Issues for Governing Board Members, Fact Sheet, July
2010
FAIR POLITICAL PRACTICES COMMISSION PUBLICATIONS
Can I Vote? A Basic Overview of Public Officials' Obligations Under the Conflict-of-Interest
Rules, 2005
INSTITUTE FOR LOCAL GOVERNMENT PUBLICATIONS
Understanding the Basics of Public Service Ethics: Personal Financial Gain Laws, 2009
Understanding the Basics of Public Service Ethics: Transparency Laws, 2009
WEB SITES
Fair Political Practices Commission: http://www.fppc.ca.gov

Bylaw FRESNO UNIFIED SCHOOL DISTRICT
adopted: September 26, 1991 Fresno, California
revised: September 27, 2000
revised: March 10, 2004
revised: September 22, 2004
revised: February 12, 2013
revised: December 14, 2016

 Fresno USD   9000   E 9270 Board Bylaws
Conflict Of Interest – Statement of Economic Interests Form 700
RESOLUTION ADOPTING A
CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act, Government Code 87300-87313, requires each public
agency in California to adopt a conflict of interest code; and
WHEREAS, the Governing Board of the Fresno Unified School District has previously adopted a
local conflict of interest code; and
WHEREAS, past and future amendments to the Political Reform Act and implementing
regulations may require conforming amendments to be made to the district's conflict of interest
code; and
WHEREAS, a regulation adopted by the Fair Political Practices Commission, 2 CCR 18730,
provides that incorporation by reference of the terms of that regulation, along with an agencyspecific appendix designating positions and disclosure categories shall constitute the adoption
and amendment of a conflict of interest code in conformance with Government Code 87300 and
87306; and
WHEREAS, the Fresno Unified School District has recently reviewed its positions, and the duties
of each position, and has determined that changes to the current conflict of interest code are
necessary; and
WHEREAS, any earlier resolutions, bylaws, and/or appendices containing the district's conflict
of interest code shall be rescinded and superseded by this resolution and Appendix; and
NOW THEREFORE BE IT RESOLVED that the Fresno Unified School District Governing
Board adopts the following Conflict of Interest Code including its Appendix of Designated
Employees and Disclosure Categories.
PASSED AND ADOPTED THIS ______ day of ___________, ________ at a meeting, by the
following vote:
AYES: ______ NOES: ______ ABSENT: ______
Attest:
_____________________________
Secretary/President

 Conflict of Interest Code of the Fresno Unified School District
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local
government agencies to adopt and promulgate conflict-of-interest codes. The Fair Political
Practices Commission has adopted a regulation (2 Cal. Code of Regs. Section 18730) that contains
the terms of a standard conflict-of-interest code and may be incorporated by reference in an
agency’s code. After public notice and hearing, the standard code may be amended by the Fair
Political Practices Commission to conform to amendments in the Political Reform Act. Therefore,
the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly
adopted by the Fair Political Practices Commission are hereby incorporated by reference. This
regulation and the attached Appendices designating positions and establishing disclosure
requirements shall constitute the conflict-of-interest code of the Fresno Unified School District
(“District”).
The Form 700s for designated positions, other than the members of the District’s Governing Board
and Superintendent, shall be filed with the District. District’s Governing Board and Superintendent
are to file their original Form 700s directly with the Clerk of the Board for the Fresno County
Board of Supervisors using the electronic filing system. If the Form 700s are not filed
electronically, the paper Form 700 and waiver shall be filed with the District and, upon receipt of
these paper Form 700s with waivers, the District shall make and retain a copy and forward the
original to the Clerk of the Board of Supervisors.
The District shall retain a copy of all electronically filed Form 700s, a copy of all paper Form 700s
with waivers and the original Form 700s of designated positions and shall make the Form 700s
available for public review, inspection, and reproduction. (Gov. Code section 81008.)
The provisions of all Conflict of Interest Codes and amendments thereto previously adopted by
the Agency are hereby superseded.

 APPENDIX A

Public Officials Who Manage Public Investments
It has been determined that positions listed below manage public investments and will file a
statement of economic interests pursuant to Government Code Section 87200. These positions are
listed for informational purposes only:
Governing Board Members
Superintendent of Schools

Designated Positions
Designated Position

Disclosure Category

Deputy Superintendent/Chief Financial Officer

1

Administrator
Administrator Alternative Education
Administrator Curriculum and Instruction
Administrator HR and Labor Relations
Administrator Leadership Development
Administrator Professional Development
Administrator Professional Learning
Assistant Superintendent English Learner Services
Assistant Superintendent Facilities Management and
Planning
Assistant Superintendent School Operations
Assistant Superintendent Special Education
Assistant/Associate Superintendent
Associate Superintendent Curriculum and Instruction
Business Operations Manager
Chief
Chief Academic Officer
Chief Information Officer
Chief of Equity and Access
Chief of Human Resources/Labor Relations
Chief of Staff
Chief Operations Officer
Chief Technology Officer
Consultants
Deputy Executive
Director
Director Benefits and Risk Management
Director Fiscal Services

1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1

 Executive Director
Executive Director Constituent Services
Executive Director Early Learning
Executive Director Family and Community Services
Executive Director Maintenance and Operations
Executive Director Prevention and Intervention
Executive Director Purchasing
Executive Director Technology Services
Executive Director HR and Labor Relations
Executive Officer
Executive Officer Accountability and Improvement
Executive Officer College and Career Readiness
Executive Officer Fiscal Services
Executive Officer State and Federal
Instructional Superintendent
Purchasing Manager
Senior Executive

1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1

Buyer I, II, III, IV
Members of Audit Committee
Members of Citizen’s Oversight Committee
Project Manager
Purchasing Technician

2
2
2
2
2

Administrative Analyst
Advisor, Guidance Learning
Analyst I, II
Coordinator, I, II
Director College and Career Readiness
Director Food Services
Director Health Services
Director Instructional Services
Director Leadership Development
Director Prevention and Intervention
Director School Operations
Director Special Education
Director Transportation
District Supervisor I, II
Executive Assistant to Superintendent
Head Counselor
Manager I, II, III
Nutritionists
Occupational Therapist
Ombudsman

3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3

 Principal I, II, III, IV, Special Assignment
School Counselor
School Psychologists
School Social Worker, Clinical, School
Vice Principal I, II, III, IV, Special Assignment

3
3
3
3
3

Disclosures for Consultants
Consultants are designated employees who must disclose financial interests shall be determined on
a case-by-case basis by the Superintendent or designee in consultation with legal counsel. The
Superintendent or designee's written approval shall include a description of the consultant's duties
and a statement of the extent of disclosure requirements based upon that description. Legal counsel
shall review and issue a written opinion regarding the Superintendent’s final determination. All
such determinations are public records and shall be retained for public inspection along with this
conflict of interest code.
A consultant is an individual who, pursuant to a contract with the district, makes a governmental
decision whether to: (2 CCR 18700.3)

1.
2.
3.
4.
5.
6.
7.

Approve a rate, rule, or regulation
Adopt or enforce a law
Issue, deny, suspend, or revoke any permit, license, application, certificate, approval,
order, or similar authorization or entitlement
Authorize the district to enter into, modify, or renew a contract that requires district
approval
Grant district approval to a contract that requires district approval and in which the
district is a party, or to the specifications for such a contract
Grant district approval to a plan, design, report, study, or similar item
Adopt or grant district approval of district policies, standards, or guidelines

A consultant is also an individual who, pursuant to a contract with the district, serves in a staff
capacity with the district and in that capacity participates in making a governmental decision as
defined in 2 CCR 18704, subsections (a) and (b), or performs the same or substantially all the same
duties for the district that would otherwise be performed by an individual holding a position
specified in the district's conflict of interest code. (2 CCR 18700.3)

 APPENDIX B
DISCLOSURE CATEGORIES
Individuals holding designated positions must report their interests according to their assigned
disclosure category(ies).
1. Full Disclosure Category 1: A person designated Category 1 shall disclose:
a.
Interests in real property located entirely or partly within district boundaries, or within two
miles of district boundaries, or of any land owned or used by the district.
b.
Investments, business positions, and sources of income, including gifts, loans, and travel
payments.
2. Disclosure Category 2: A person designated Category 2 shall disclose:
a.
Interests in real property located entirely or partly within district boundaries, or within two
miles of district boundaries, or of any land owned or used by the district. Such interests
include any leasehold, beneficial or ownership interest or option to acquire such interests in
real property.
Investments or business positions in or income, including gifts, loans, and travel payments,
b.
from sources which:
(1) Are engaged in the acquisition or disposal of real property within the district,
(2) Are contractors or subcontractors which are or have been within the past two years
engaged in work or services of the type used by the district, or
(3) Manufacture or sell supplies, books, machinery, or equipment of the type used by the
district.
3. Disclosure Category 3: A person designated Category 3 shall disclose:
a.
Interests, investments or business positions in or income, including gifts, loans, and travel
payments, from sources which: Are contractors or subcontractors engaged in work or
services of the type used by the department which the designated person manages or directs
or
b.
Investments or business positions in or income from sources which manufacture or sell
supplies, books, machinery, or equipment of the type used by the department which the
designated person manages or directs. For purposes of this category, a principal’s department
is their entire school.

Exhibit FRESNO UNIFIED SCHOOL DISTRICT
approved: February 12, 2014 Fresno, California
revised: December 14, 2016
revised: March 22, 2017
revised: September 19, 2018

 Fresno USD   9000   BB 9320 Board Bylaws
Meetings And Notices
Meetings of the Governing Board are conducted for the purpose of accomplishing district
business.
A Board meeting exists whenever a majority of Board members gather at the same time and place
to hear, discuss or deliberate upon any item within the subject matter jurisdiction of the Board or
district. (Government Code 54952.2)
In accordance with state open meeting laws (Brown Act) the Board shall holds its meetings in
public and shall conduct closed sessions during such meetings only as authorized by law. To
encourage community involvement in the schools, Board meetingsshall provide opportunities for
questions and comments by members of the public. All meetings shall be conducted in
accordance with law and Board-adopted bylaws, policies, and administrative regulations.
(cf. 9321 - Closed Session Purposes and Agendas)
(cf. 9321.1 - Closed Session Actions and Reports)
(cf. 9322 - Agenda/Meeting Materials)
(cf. 9323 - Meeting Conduct)
A majority of the Board shall not, outside of an authorized meeting use a series of
communications of any kind, directly or through personal intermediaries, and technological
devices to discuss, deliberate, or develop a collective concurrence as to an action that members
will take on any item of district business that is within the subject matter jurisdiction of the
Board. However, an employee or district official may engage in separate conversations with
Board members in order to answer questions or provide information regarding an item within the
subject matter jurisdiction of the Board, as long as the employee or district official does not
communicate the comments or position of any Board member to other Board members.
(Government Code 54952.2)
Location of Meetings
Meetings shall not be held in a facility that prohibits the admittance to any person on the basis of
ancestry or any characteristic listed in Government Code 11135, including, but not limited to,
religion, sex, or sexual orientation.
Meetings shall be held within district boundaries, except when otherwise allowed by law to do
any of the following (Government Code 54954)
1. Comply with state or federal law or court order or attend a judicial or administrative
proceeding to which the district is a party
2. Inspect real or personal property which cannot conveniently be brought into the district,
provided that the topic of the meeting is limited to items directly related to the property

 3. Participate in meetings or discussions of multiagency significance, provided these
meetings are held within one of the other agencies’ boundaries, with all participating
agencies giving the notice required by law
4. Meet in the closest meeting facility if the district has no meeting facility within its
boundaries or if its principal office is located outside the district
5. Meet with elected or appointed state or federal officials when a local meeting would be
impractical, solely to discuss legislative or regulatory issues affecting the district over
which the state or federal officials have jurisdiction
6. Meet in or near a facility owned by the district but located outside the district, provided
the meeting agenda is limited to items directly related to that facility
7. Visit the office of the district’s legal counsel for a closed session on pending litigation,
when doing so would reduce legal fees or costs
8. Attend conferences on non-adversarial collective bargaining techniques
9. Interview residents of another district regarding the Board’s potential employment of an
applicant for Superintendent of the district
10. Interview a potential employee from another district
Meetings exempted from the boundary requirements, as specified in items # 1-10 above, shall still
be subject to the notice and open meeting requirements for regular and special meetings when a
quorum of the Board attends the meeting.
Meetings shall be held in a facility that is accessible to all persons, including disabled persons,
without charge. (Government Code 54961)
(cf. 0410 - Nondiscrimination in District Programs and Activities)
In order to help ensure participation in the meeting by disabled individuals, the Superintendent or
designee shall provide appropriate disability-related accommodations or modifications upon
request in accordance with the Americans with Disabilities Act. (Government Code 54953.2,
54954.1)
Meeting notices and agendas shall specify that individuals who require special accommodation,
including but not limited to an American sign language interpreter, accessible seating or
documentation in accessible formats, should contact the Superintendent or designee at least two
days before the meeting date.
Regular Meetings
The Board shall adopt a schedule specifying the date, time and place of its regular meetings.
(Education Code 35140)
The Board shall hold two regular meetings on the second and fourth Wednesdays of each month,
unless posted otherwise. Regular meetings shall be held at 5:30 p.m. at the Education Center
unless posted otherwise.
At least 72 hours prior to a regular meeting, the agenda shall be posted at one or more locations
freely accessible to members of the public, and on the district’s Internet web site. (Government
Code 54954.2)

 A notice of each regular meeting shall be mailed to any person who has filed with the Board a
written request for such notice. The notice shall be mailed the week preceding, but not less than
72 hours prior to the meeting. Requests are valid for one year from the date filed unless renewed.
Renewal requests must be filed within 90 days after January 1 of each year.
Whenever agenda materials related to an open session of a regular meeting are distributed to the
Board less than 72 hours before the meeting, the Superintendent or designee shall make the
materials available for public inspection at a public office or location designated for that purpose.
(Government Code 54957.5)
If a fire flood, earthquake or other emergency renders the regular meeting place unsafe, meetings
shall be held for the duration of the emergency at a place designated by the president or designee,
who shall so inform, by the most rapid available means of communication, all news media who
have requested notice of special meetings. (Government Code 54954)
Special Meetings
Special meetings of the Board may be called by the presiding officer or a majority of the Board
members. Except as authorized by Government Code Section 54957.6, a special meeting shall not
be called regarding the salary, salary schedule, or other compensation of the Superintendent,
deputy superintendent, associate superintendent, assistant superintendent, or other executive
employee as described in Government Code 3511.1. No action shall be taken at a special meeting
regarding the salary, salary schedule, or other compensation of the Superintendent, deputy
superintendent, associate superintendent, assistant superintendent, or other executive employee as
described in Government Code 3511.1 (Government Code 54956).
Written notice of special meetings shall be delivered personally or by any other means to all
Board members, the Superintendent, and the local media who have requested such notice in
writing. The notice shall also be posted on the district’s Internet web site. The notice shall
be received at least 24 hours before the time of the meeting. The notice shall also be posted at
least 24 hours before the meeting in a location freely accessible to the public. The notice shall
specify the time and place of the meeting and the business to be transacted or discussed; no other
business shall be considered at these meetings. (Education Code 35144, Government Code
54956)
Every notice of a special meeting shall provide an opportunity for members of the public to
directly address the Board concerning any item that has been described in the meeting notice,
before or after the item's consideration. (Government Code 54954.3)
Public notice shall be given at least 72 hours' before any retreats, study sessions or training
sessions held by the Board. All such meetings shall be held within district boundaries and action
items shall not be included.
Emergency Meetings
In the case of an emergency situation for which prompt action is necessary due to the disruption
or threatened disruption of public facilities, the Board may hold an emergency meeting without
complying with the 24-hour notice and/or 24-hour posting requirement for special meetings
pursuant to Government Code 54956. The Board shall comply with all other requirements for
special meetings during an emergency meeting. (Government code 54956.5)

 An emergency situation means either of the following: (Government Code 54956.5)
1. A work stoppage, crippling activity or other activity that severely impairs public health, and/or
safety, as determined by a majority of the members of the Board.
(cf. 4141.6/4241.6 - Concerted Action/Work Stoppage)
2. A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist
activity, or threatened terrorist act that poses peril so immediate and significant that requiring the
Board to provide one-hour notice before holding an emergency meeting under this section may
endanger the public health and/or safety as determined by a majority of the member of the Board.
(cf. 3516 – Emergencies and Disaster Preparedness Plan)
Except in the case of a dire emergency, the Board President or designee shall give notice of the
emergency meeting by telephone at least one hour before the meeting to the local media that have
requested notices of special meetings. If telephone services are not functioning, the notice
requirement of one hour is waived and, as soon after the meeting as possible, the Board shall
notify those local media which have requested notice for special meetings, describing the purpose
of the meeting and any action taken by the Board. (Government Code 54956.5)
In the case of a dire emergency, the Board President or designee shall give such notice at or near
the time he/she notifies the other members of the Board about the meeting. (Government Code
54956.5)
No closed session may be held during an emergency meeting. All other rules governing special
meetings shall be observed, with the exception of the 24-hour notice requirement. The minutes of
the meeting, a list of persons the president or designee notified or attempted to notify, a copy of
the roll call vote, and any actions taken at the meeting shall be posted for at least ten days in a
public place as soon after the meeting as possible. (Government Code 54956.5)
Adjourned Meetings
A majority vote by the Board may adjourn any meeting to a later time and place that shall be
specified in the order of adjournment. (Government Code 54955)
If no members are present at any regular or adjourned regular meeting, the secretary or the clerk
may declare the meeting adjourned to a later time and shall give notice in the same manner
required for special meetings. (Government Code 54955)
A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of
the place where the meting was held within 24 hours after the time of adjournment. (Government
Code 54955)
Study Sessions, Retreats, Public Forums, and Discussion Meetings
The Board may occasionally convene a study session or public forum to study an issue in more
detail or to receive information from staff or feedback from members of the public.

 The Board may also convene a retreat or discussion meeting to discuss Board roles and
relationships.
(cf. 2000 – Concepts and Roles in Administration)
(cf. 9000 – Role of the Board)
(cf. 9005 – Governance Standards)
(cf. 9400 – Board Self-Evaluation)
Public notice shall be given in accordance with law when a quorum of the Board is attending a
study session, retreat, public forum, or discussion meeting. All such meetings shall comply with
the Brown Act and shall be held in open session and within district boundaries. Action items shall
not be included on the agenda for these meetings.
Teleconferencing
A teleconference is a meeting of the Board in which Board members are in different locations,
connected by electronic means through audio and/or video. (Government Code 54953)
The Board may use teleconferences for all purposes in connection with any meeting within the
Board's subject matter jurisdiction. All votes taken during a teleconference meeting shall be by
roll call. (Government Code 54953)
During the teleconference, at least a quorum of the members of the Board shall participate from
locations within district boundaries. (Government code 54953)
Agendas shall be posted at all teleconference locations and shall list all teleconference locations
whenever they are posted elsewhere. Additional teleconference locations may be provided to the
public. (Government Code 54953)
All teleconference locations shall be accessible to the public. All teleconferenced meetings shall
be conducted in a manner that protects the statutory and constitutional rights of the parties or the
public appearing before the Board, including the right of the public to address the Board directly
at each teleconference location. (Government Code 54953)
All Board policies, administrative regulations and bylaws shall apply equally to meetings that are
teleconferenced. The Superintendent or designee shall facilitate public participation in the
meeting at each teleconference location.
Hearings
The Board may occasionally convene public hearings at which no Board action is to be taken.
Such hearings are held solely to allow the Board and members of the public to receive
information. A hearing may take place immediately prior to a Board meeting.
If a quorum of Board members is present at a hearing, notice of the hearing shall be provided
according to procedures specified above for regular meetings.
Other Gatherings

 Attendance by a majority of the Board members at any of the following events is not subject to
state open meeting laws provided that a majority of the Board members do not discuss specific
district business among themselves other than as part of the scheduled program: (Government
Code 54952.2)
1. A conference or similar public gathering open to the public that involves a discussion of issues
of general interest to the public or to school Boards.
2. An open, publicized meeting organized by a person or organization other than the district to
address a topic of local community concern.
3. An open and noticed meeting of another body of the district or at a legislative body of another
local agency.
4. A purely social or ceremonial occasion.
5. An open and noticed meeting of a standing committee of the Board, provided that the Board
members who are not members of the standing committee attend only as observers.
(cf. 9130 - Board Committees)
Individual contacts or conversations between a Board member and any other person are not
subject to open meeting laws. (Government Code 54952.2)
Legal Reference:
EDUCATION CODE
35140 Time and place of meetings
35143 Annual organizational meeting, date, and notice
35144 Special meeting
35145 Public meetings
35145.5 Agenda; public participation; regulations
35146 Closed sessions
35147 Open meeting law exceptions and applications
GOVERNMENT CODE
3511.1 Local agency executives
11135 State programs and activities, discrimination
54950-54963 The Ralph M. Brown Act, especially:
54953 Meetings to be open and public; attendance
54954 Time and place of regular meetings
54954.2 Agenda posting requirements, board actions
54956 Special meetings; call; notice
54956.5 Emergency meetings
UNITED STATES CODE, TITLE 42
12101-12213 Americans with Disabilities Act
CODE OF FEDERAL REGULATIONS, TITLE 28
35.160 Effective communications
36.303 Auxiliary aids and services

 COURT DECISIONS
Wolfe v. City of Freemont, (2006) 1444 Cal. App. 544
ATTORNEY GENERAL OPINIONS
88 Ops. Cal. Atty. Gen. 218 (2005)
84 Ops.Cal.Atty.Gen. 181 (2001)
84 Ops.Cal.Atty.Gen. 30 (2001)
79 Ops.Cal.Atty.Gen. 69 (1996)
78 Ops.Cal.Atty.Gen. 327 (1995)
Management Resources:
CSBA PUBLICATIONS
The Brown Act: School Boards and Open Meeting Laws, rev. 2009
INSTITUTE FOR LOCAL GOVERNMENT PUBLICATIONS
The ABCs of Open Government Laws
LEAGUE OF CALIFORNIA CITIES PUBLICATIONS
Open and Public IV : A Guide to the Ralph M. Brown Act, 2nd Ed., 2010
WEB SITES
CSBA: http://www.csba.org
California Attorney General's Office: http://www.caag.state.ca.us
Bylaw FRESNO UNIFIED SCHOOL DISTRICT
adopted September 26, 1991 Fresno, California
revised: December 12, 2001
revised: February 13, 2003
revised: January 14, 2004
revised: January 8, 2014

 Fresno USD   9000   BB 9321 Board Bylaws
Closed Session Purposes And Agendas
The Governing Board is committed to complying with state open meeting laws and modeling
transparency in its conduct of district business. The Board shall hold closed sessions only for
purposes authorized by law. The Board may hold a closed session at any time during a regular or
special meeting and during emergency meetings in accordance with law. (Government Code
54950-54963).
Each agenda shall contain a general description of each closed session item to be discussed at the
meeting, as required by law. (Government Code 54954.2)
(cf. 9320 - Meetings and Notices)
(cf. 9322 - Agenda/Meeting Materials)
The Board shall disclose in open session the items to be discussed in closed session. In the closed
session, the Board may consider only those matters covered in its statement. After the closed
session, the Board shall reconvene in open session before adjourning the meeting, and when
applicable, shall disclose any action taken in the closed session, in the manner prescribed by
Government Code 54957.1. (Government Code 54957.7)
(cf. 9321.1 - Closed Session Actions and Reports)
The Board shall not disclose any information that is protected by state or federal law. In addition,
no victim or alleged victim of tortious sexual conduct or child abuse shall be identified in any
Board agenda, notice, announcement, or report required by the Brown Act, unless the identity of
the person has previously been publicly disclosed. (Government Code54957.7, 54961)
(cf. 1340 - Access to District Records)
In accordance with law, a Board member shall not disclose confidential information received in a
closed session unless the Board authorizes the disclosure of that information. (Government Code
54963)
(cf. 9011 - Disclosure of Confidential/Privileged Information)
Personnel Matters
The Board may hold closed session under the "personnel exception" to consider the appointment,
employment, evaluation of performance, discipline or dismissal of an employee. Such a closed
session shall not include discussion or action on proposed compensation except for a reduction of
compensation that results from the imposition of discipline. (Government Code 54957)
(cf. 2140 - Evaluation of the Superintendent)
(cf. 4115 - Evaluation/Supervision)
(cf. 4118 - Suspension/Disciplinary Action)
(cf. 4215 - Evaluation/Supervision)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)

 The Board may also hold a closed session to hear complaints or charges brought against an
employee by another person or employee, unless the employee requests an open session.
(Government Code 54945)
Before the Board holds a closed session on specific complaints or charges brought against an
employee, the employee shall receive written notice of their right to have the complaints or
charges heard in open session if desired. This notice shall be delivered personally or by mail at
least 24 hours before the time of the session. (Government Code 54957)
(cf. 1312.1 - Complaints Concerning District Employees)
(cf. 4112.9/4212.9/4312.9 - Employee Notifications)
The Board may hold a closed session to discuss a district employee's application for early
withdrawal of funds in a deferred compensation plan when the application is based on financial
hardship arising from an unforeseeable emergency due to illness, accident, casualty, or other
extraordinary event, as specified in the deferred compensation plan. (Government Code
54957.10)
Agenda items related to district employee appointments and employment shall describe the
position to be filled. Agenda items related to performance evaluations shall specify the title of the
employee being reviewed. Agenda items related to employee discipline, dismissal, or release
require no additional information. (Government Code 54954.5)
Negotiations/Collective Bargaining
Unless otherwise agreed upon by the parties involved, the following shall not be subject to the
Brown Act: (Government Code 3549.1)
1. Any meeting and negotiating discussion between the district and a recognized or certified
employee organization
2. Any meeting of a mediator with either party or both parties to the meeting and negotiating
process
3. Any hearing, meeting or investigation conducted by a fact finder or arbitrator
4. An executive (closed) session of the district or between the district and its designated
representative for the purpose of discussing its position regarding any matter within the scope
of representation and instructing its designated representatives.
(cf. 4140/4240/4340 - Bargaining Units)
(cf. 4143/4243 - Negotiations/Consultation)
(cf. 4143.1/4243.1 - Public Notice - Personnel Negotiations)
The Board may meet in closed session to review the Board's and/or instruct its designated
representative regarding employee salaries, salary schedules or compensation paid in the form of
fringe benefits of its represented and unrepresented employees. Prior to the closed session, the
Board shall identify its designated representative in open session. Any closed session held for this

 purpose may include discussions of the district's available funds and funding priorities, but only
insofar as they relate to providing instructions to the Board's designated representative.
(Government Code 54957.6)
(cf. 2121 - Superintendent's Contract)
Closed sessions may take place prior to and during consultations and discussions with
representatives of employee organizations and unrepresented employees. For unrepresented
employees, closed sessions held pursuant to Government Code 54957.6 shall not include final
action on the proposed compensation of one or more unrepresented employees. (Government
Code 54957.6)
For represented employees, the Board may also meet in closed session regarding any other matter
within the statutorily provided scope of representation. (Government code 54957.6)
The Board also may meet in closed session with a state conciliator or mediator who has
intervened in these proceedings regarding any of the purposes enumerated in Government Code
54957.6.
Agenda items related to negotiations shall specify the name of the district's designated
representative(s) attending the closed session. If circumstances necessitate the absence of a
specified designated representative, an agent or designee may participate in place of the absent
representative as long as the name of the agent or designee is announced at an open session held
prior to the closed session. The agenda shall also specify the name of the organization
representing the employee(s) or the position title of the unrepresented employee who is the
subject of the negotiations. (Government Code 54954.5)
Matters Related to Students
The Board shall meet in closed session to consider the expulsion of a student, unless the student
submits a written request at least five days before the date of the hearing that the hearing be held
in open session. Regardless of whether the expulsion hearing is conducted in open or closed
session, the Board may meet in closed session for the purpose of deliberating and determining
whether the student should be expelled. (Education Code 48918)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities)
The Board shall meet in closed session to address any student matter that may involve disclosure
of confidential student information, or to consider a suspension, disciplinary action, or any other
action against a student except expulsion. If a written request for open session is received from
the parent/guardian or adult student, it will be honored to the extent that it does not violate the
privacy rights of any other student. (Education Code 35146, 48912, 49070)
(cf. 5117 - Interdistrict Attendance)
(cf. 5119 - Students Expelled from Other Districts)
(cf. 5125.3 - Challenging Student Records)
(cf. 5144 - Discipline)

 Agenda items related to student matters shall briefly describe the reason for the closed session,
such as "student expulsion hearing" or "grade change appeal,” without violating the
confidentiality rights of individual students. The student shall not be named on the agenda, but a
number may be assigned to the student in order to facilitate record keeping. The agenda shall also
state that the Education Code requires closed sessions in these cases in order to prevent the
disclosure of confidential student record information.
(cf. 5125 - Student Records)
Security Matters
The Board may meet in closed session with the Governor, Attorney General, district attorney,
district legal counsel, sheriff or chief of police, or their respective deputies, or a security
consultant or a security operations manager, on matters posing a threat to the security of public
buildings; to the security of essential public services, including water, drinking water, wastewater
treatment, natural gas service, and electric service; or to the public's right of access to public
services or public facilities. (Government code 54957)
(cf. 0450 - Comprehensive Safety Plan)
(cf. 3515 - Campus Security)
(cf. 3516 - Emergencies and Disaster Preparedness Plan)
The Board may meet in closed session during an emergency meeting held pursuant to
Government Code 54956.6 to meet with law enforcement officials for the emergency purposes
specified in Government Code 54957 if agreed to by a two-thirds vote of the Board members
present. If less than two-thirds of the members are present, then the Board must agree by a
unanimous vote of the members present. (Government Code 54956.5)
Agenda items related to security matters shall specify the name of the law enforcement agency
and the title of the officer, or name of applicable agency representative and title, with whom the
Board will consult. (Government Code 54954.5)
Conference with Real Property Negotiator
The Board may meet in closed session with its real property negotiator prior to the purchase, sale,
exchange or lease of real property by or for the district in order to grant its negotiator the
authority regarding the price and terms of payment for the property. (Government Code 54956.8)
Before holding the closed session, the Board shall hold an open and public session to identify its
negotiator(s) and the property under negotiation and to specify the person(s) with whom the
negotiator may negotiate. (Government Code 54956.8)
For purposes of real property transactions, negotiators may include members of the Board.
(Government Code 54956.8)
Agenda items related to real property negotiations shall specify the district negotiator attending
the closed session. If circumstances necessitate the absence of a specified negotiator, an agent or
designee may participate in place of the absent negotiator as long as the name of the agent or
designee is announced at an open session held prior to the closed session. The agenda shall also

 specify the name of the negotiating parties and the street address of the real property under
negotiation. If there is no street address, the agenda item shall specify the parcel number or
another unique reference of the property. The agenda item shall also specify whether instruction
to the negotiator will concern price, terms of payment, or both. (Government Code 54954.5)
Pending Litigation
Based on the advice of its legal counsel, the Board may hold a closed session to confer with or
receive advice from its legal counsel regarding a pending litigation when a discussion of the
matter in open session would prejudice the district’s position in the litigation. For this purpose,
"litigation means any adjudicatory proceeding, including eminent domain, before a court,
administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.
(Government Code 54956.9)
Litigation is considered “pending” in any of the following circumstances (Government Code
54956.9):
1. Litigation to which the district is a “party” has been initiated formally. (Government code
54956.9(a))
2. A point has been reached where, in the Board's opinion based on the advice of legal counsel
and on the “existing facts and circumstances”, there is a “significant exposure to litigation”
against the district, or the Board is meeting solely to determine whether, based on existing facts
or circumstances, a closed session is authorized (Government Code 54956.9(b)
Existing facts and circumstances for these purposes are limited to the following: (Government
Code 54956.9)
1. Facts and circumstances that might result in litigation against the district but which the district
believes are not yet known to potential plaintiffs and which do not need to be disclosed.
2. Facts and circumstances including, but not limited to, an accident, disaster, incident or
transactional occurrence which might result in litigation against the district, which are already
known to potential plaintiffs, and which must be publicly disclosed before the closed session or
specified on the agenda.
3. The receipt of a claim pursuant to the Tort Claims Act or a written threat of litigation from a
potential plaintiff. The claim or written communication must be available for public inspection.
(cf. 3320 - Claims and Actions Against the district)
4. A threat of litigation made by a person in an open meeting on a specific matter within the
responsibility of the Board.
5. A threat of litigation made by a person outside of an open meeting on a specific matter within
the responsibility of the Board, provided that the district official or employee receiving
knowledge of the threat made a record of the statement before the meeting and the record is
available for public inspection. Such record does not need to identify an alleged victim of tortious
sexual conduct or anyone making a threat on their behalf or identify an employee who is the

 alleged perpetrator of any unlawful or tortious conduct, unless the identity of this person has been
publicly disclosed.
Based on existing facts and circumstances, the Board has decided to initiate or is deciding
whether to initiate litigation. (Government Code 54956.9(c)
Before holding a closed session pursuant to the pending litigation exception, the Board shall state
on the agenda or publicly announce the subdivision of Government code 54956.9 under which
the closed session is being held. If authority is based on Government Code 54956.9(a), the Board
shall either state the title or specifically identify the litigation to be discussed or state that doing
so would jeopardize the district's ability to effectuate service of process upon unserved parties or
to conclude existing settlement negotiations to its advantage. (Government code 54956.9)
Agenda items related to pending litigation shall be described as a conference with legal counsel
regarding "Existing Litigation" or "Anticipated Litigation." (Government Code 54954.5)
"Existing litigation" items shall identify the name of the case specified by either the claimant's
name, names of parties, or case or claim number, unless the Board states that to identify the
case would jeopardize service of process or existing settlement negotiations. (Government
Code 54954.5).
"Anticipated litigation" items shall state that there is significant exposure to litigation pursuant to
Government Code 54956.9(b) and shall specify the potential number of cases. When the district
expects to initiate a suit, items related to anticipated litigation shall state that the discussion
relates to the initiation of litigation pursuant to Government Code 54956.9(c) and shall specify
the potential number of cases. The agenda or an oral statement before the closed session may be
required to provide additional information regarding existing facts and circumstances described
in item #2 b-e above. (Government Code 54954.5)
JPA/Self-Insurance Liability Claims
The Board may meet in closed session to discuss a claim for the payment of tort liability losses,
public liability losses, or workers' compensation liability incurred by a joint powers authority
(JPA) formed for the purpose of insurance pooling or self-insurance authority of which it is a
member. (Government code 54956.95)
Closed session agenda items related to liability claims shall specify the claimant's name and the
name of the agency against which the claim is made. (Government Code 54954.5)
(cf. 3320 - Claims and Actions Against the District)
(cf. 3530 - Risk Management/Insurance)
Review of Assessment Instruments
The Board may meet in closed session to review the contents of any student assessment
instrument approved or adopted for the statewide testing system. Before any such meeting, the
Board shall agree by resolution to accept any terms or conditions established by the State Board
of Education for this review. (Education code 60617)

 (cf. 6162.5 - Student Assessment)
Agenda items related to the review of student assessment instruments shall state that the Board is
reviewing the contents of an assessment instrument approved or adopted for the statewide testing
program and that the Education Code 60617 authorizes a closed session for this purpose in order
to maintain the confidentiality of the assessment under review.

Fresno Unified School District does not harass, intimidate, or discriminate on the basis of race, color,
ethnicity, national origin, ancestry, age, creed, religion, political affiliation, gender, gender identity or
expression or genetic information, mental or physical disability, sex, sexual
orientation, parental or marital status, military veteran status, or any other basis protected by law
or regulation, in its educational program(s) or employment.
Legal Reference:
EDUCATION CODE
35145 Public meetings
35146 Closed session (re student suspension)
44929.21 Districts with ADA of 250 or more
48918 Rules governing expulsion procedures; hearings and notice
49073 Release of directory information
49076 Access to records by persons without written parental consent
49079 Notification to teacher re: students whose actions are grounds for suspension or expulsion
60617 Meetings of governing board
GOVERNMENT CODE
3540-3549.3 Educational Employment Relations Act
6250-6268 California Public Records Act
54950-54963 The Ralph M. Brown Act
COURT DECISIONS
Bell v. Vista Unified School District, (2001) 82 Cal.App. 4th 672
Fischer v. Los Angeles Unified School District, (1999) 70 Cal.App. 4th 87
Furtado v. Sierra Community College District, (1998) 68 Cal. App. 4th 876
Roberts v. City of Palmdale, (1993) 5 Cal.4th 363
Sacramento Newspaper Guild v. Sacramento County Board of Supervisors, (1968) 263 Cal.App.
2d 41
ATTORNEY GENERAL OPINIONS
78 Ops.Cal.Atty.Gen. 218 (1995)
59 Ops.Cal.Atty.Gen. 532 (1976)
Management Resources:
CSBA PUBLICATIONS
The Brown Act: School Boards and Open Meeting Laws, 1999
ATTORNEY GENERAL PUBLICATIONS
The Brown Act: Open Meetings for Legislative Bodies, California Attorney General's Office, 2002
CALIFORNIA CITY ATTORNEY PUBLICATIONS
Open and Public III: A User's Guide to the Ralph M. Brown Act, 2000
WEB SITES
CSBA: http://www.csba.org
California Attorney General's Office: http://www.caag.state.ca.us

 Bylaw FRESNO UNIFIED SCHOOL DISTRICT
adopted: September 26, 1991 Fresno, California
revised: January 12, 2000
reviewed: February 13, 2003
revised: January 28, 2004
revised: May 30, 2018

 Fresno USD   9000   BB 9322 Board Bylaws
Agenda/Meeting Materials
Agenda Content
Governing Board meeting agendas shall state the meeting time and place and shall briefly
describe each business item to be transacted or discussed, including items to be discussed in
closed session. (Government Code 54954.2)
(cf. 9320 - Meetings and Notices)
(cf. 9321 - Closed Session Purposes and Agendas)
The agenda shall provide members of the public the opportunity to address the Board on any
agenda item before or during the Board's consideration of the item. The agenda shall also provide
members of the public an opportunity to testify at regular meetings on matters which are not on
the agenda but which are within the subject matter jurisdiction of the Board. (Education Code
35145.5, Government Code 54954.3)
(cf. 9323 - Meeting Conduct)
Each meeting agenda shall list the address designated by the Superintendent or designee for
public inspection of agenda documents that have been distributed to the Board less than 72 hours
before meeting. (Government Code 54957.5)
The agenda shall specify that an individual should contact in writing, the Superintendent or
designee if he/she requires disability-related accommodations or modifications including
auxiliary aids and services in order to participate in the Board meeting. (Government Code
54954.2)
Agenda Preparation
The Superintendent, as Secretary to the Board, in consultation with the Board president, shall
prepare the agenda for each regular and special meeting. Each agenda shall reflect the district’s
vision and goals and the Board’s focus on student learning.
(cf. 0000 – Vision)
(cf. 0200 –Goals for the School District)
(cf. 9121 - President)
(cf. 9122 - Secretary)
Any Board member or member of the public may request that a matter within the jurisdiction of
the Board be placed on the agenda of a regular meeting. The request must be in writing and be
submitted to the Superintendent or designee with supporting documents and information, if any,
at least two weeks before the scheduled meeting date. Items submitted less than two weeks before
the scheduled meeting date may be postponed to a later meeting in order to allow sufficient time
for consideration and research of the issue.]

 The Board president and Superintendent shall decide whether a request is within the subject
matter jurisdiction of the Board. Items not within the subject matter jurisdiction of the Board may
not be placed on the agenda. In addition, before placing an item on the agenda, the Board
president and Superintendent shall determine if the item is merely a request for information or
whether the issue is covered by an existing policy or administrative regulation.
If the Board president and Superintendent determine that the item is appropriate for placement on
the agenda, the Board President and the Superintendent will decide whether the item is
appropriate for discussion in open or closed session and whether the item should be an action
item, subject to Board vote, an informational item that does not require immediate action, or
consent item that is routine in nature and for which no discussion is anticipated.
Any Board action that involves borrowing $100,000 or more shall be discussed, considered and
deliberated upon as a separate item of business on the meeting agenda (Government Code
53635.7)
(cf. 9323.2 - Actions by the Board)
All public communications with the Board are subject to requirements of relevant Board policies
and administrative regulations.
(cf. 1312.1 - Complaints Concerning District Employees)
(cf. 1312.2 - Complaints Concerning Instructional Materials)
(cf. 1312.3 - Uniform Complaint Procedures)
(cf. 1312.4 – Williams Uniform Complaint Procedures)
(cf. 3320 - Claims and Actions Against the District)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
Consent Agenda/Calendar
In order to promote efficient meetings, the Board may bundle a number of items and act upon
them together by a single vote through the use of a consent agenda. Consent items shall be items
of a routine nature or items for which no Board discussion is anticipated and for which the
Superintendent recommends approval.
At the request of any member of the Board, any item on the consent agenda shall be removed and
given individual consideration for action as a regular agenda item.
The agenda shall provide an opportunity for members of the public to comment on any consent
agenda item that has not been previously considered. However, the agenda need not provide an
opportunity for public comment when the consent agenda item has previously been considered at
an open meeting of a committee comprised exclusively of all the Board members provided that
members of the public were afforded an opportunity to comment on the item at that meeting,
unless the item has been substantially changed since the committee considered it. (Government
Code 54954.3)
Agenda Dissemination to Board Members
A copy of the agenda, and an agenda packet shall be forwarded to each Board member at least
three days before each regular meeting, together with the Superintendent or designee's report,

 minutes to be approved, copies of communications, reports from committees, staff, citizens and
other; and other available documents pertinent to the meeting.
When special meetings are called, the Superintendent and president shall make every effort to
distribute the agenda and supporting materials to Board members as soon as possible before the
meeting.
Board members shall review agenda materials before each meeting. Individual members may
confer directly with the Superintendent or designee to request additional information on agenda
items. However, a majority of Board members shall not directly or through intermediaries or
electronic means discuss, deliberate, or take action on any matter within the subject matter
jurisdiction of the Board.
(c. 9012 – Board Member Electronic Communications)
Upon request, the Superintendent or designee shall make the agenda and/or agenda packet
available in appropriate alternative formats to persons with a disability, as required by the
Americans with Disabilities Act. (Government Code 54954.1)
Agenda Dissemination to Members of the Public
The Superintendent or Designee shall mail a copy of the agenda, or a copy of all the documents
constituting the agenda packet, to any person who requests the items. The materials shall be
mailed at the time the agenda is posted or upon distribution of the agenda to a majority of the
Board, whichever occurs first. (Government Code 54954.1)
If a document which relates to an open session agenda item of a regular Board meeting is
distributed to the Board less than 72 hours prior to a meeting, the Superintendent or designee
shall make the document available for public inspection at a designated location at the same time
the document is distributed to all or a majority of the Board, provided the document is a public
record under the Public Records Act. The Superintendent or designee may also post a document
on the district’s web site in a position and manner that makes it clear that the document relates to
an agenda item for an upcoming meeting. (Government Code 54957.5)
(cf. 1113 – District and School Web Sites)
(cf. 1340 – Access to District Records)
Any document prepared by the district or Board and distributed during a public meeting shall be
made available for public inspection at the meeting. Any document prepared by another person
shall be made available for public inspection after the meeting. These requirements shall not
apply to a document that is exempt from public disclosure under the Public Records Act.
Government Code 54957.5)
Any request for mailed copies of agendas or agenda packets shall be in writing and shall be valid
for the calendar year in which it is filed. Written requests must be renewed following January 1 of
each year. (Government Code 54954.1)
Persons requesting mailing of the agenda or agenda packet shall pay an annual fee, as determined
by the Superintendent or designee, not to exceed the cost of providing the service.

 Legal Reference:
EDUCATION CODE
35144 Special meetings
35145 Public meetings
35145.5 Right of public to place matters on agenda
GOVERNMENT CODE
6250-6270 Public Records Act
53635.7 Separate item of business
54954.1 Mailed agenda of meeting
54954.2 Agenda posting requirements; board actions
54954.3 Opportunity for public to address legislative body
54954.5 Closed session item descriptions
54956.5 Emergency meetings
54957.5 Public records
54960.2 Challenging board actions; cease and desist
UNITED STATES CODE, TITLE 42
12101-12213 Americans with Disabilities Act
CODE OF FEDERAL REGULATIONS, TITLE 28
35.160 Effective communications
36.303 Auxiliary aids and services
COURT DECISIONS
Mooney v. Garcia (2012) 207 Cal.App.4th 229
Caldwell v. Roseville Joint Union High School District, 2007 U.S. Dis. LEXIS 66318
Management Resources:
CSBA PUBLICATIONS
The Brown Act: School Boards and Open Meeting Laws, 1999
ATTORNEY GENERAL PUBLICATIONS
The Brown Act: Open Meetings for Legislative Bodies, California Attorney General's Office,
2002
CALIFORNIA CITY ATTORNEY PUBLICATIONS
Open and Public III: A User's Guide to the Ralph M. Brown Act, 2000
WEB SITES
CSBA: http://www.csba.org
California Attorney General's Office: http://www.caag.state.ca.us
Bylaw FRESNO UNIFIED SCHOOL DISTRICT
adopted: September 26, 1991 Fresno, California
reviewed: January 12, 2000
reviewed: February 13, 2003
revised: January 28, 2004
revised: January 8, 2014

 CSBA Governance

Professional
Governance Standards
Public oversight of local government is
the foundation of American democracy.
Nowhere is this more evident than in our
public schools, where local boards of
education are entrusted by their diverse
communities to uphold the Constitution,
protect the public interest in schools and
ensure that a high quality education is
provided to each student. To maximize the
public’s confidence in local government,
our local boards must govern responsibly
and effectively.

3251 Beacon Boulevard
West Sacramento, CA 95691
800.266.3382   FAX: 916.371.3407
www.csba.org

for School Boards

 Professional
Governance Standards
The California School Boards Association (CSBA),
representing nearly 1,000 local school districts
and county boards of education, recognizes
there are certain fundamental principles involved
in governing responsibly and effectively. These
principles — or Professional Governance Standards
— reflect consensus among hundreds of board
members, superintendents and other educational
leaders throughout the state.
These Professional Governance Standards describe
the three components vital to effective school
governance:

01

02

03

the Individual Trustee

the Board

the Board’s Jobs

In California’s public education system, a trustee is a
person elected or appointed to serve on a school district
or county board of education. Individual trustees bring
unique skills, values and beliefs to their board. In order to
govern effectively, individual trustees must work with each
other and the superintendent to ensure that a high quality
education is provided to each student.

School districts and county offices of education are
governed by boards, not by individual trustees. While
understanding their separate roles, the board and
superintendent work together as a “governance team.”
This team assumes collective responsibility for building
unity and creating a positive organizational culture in order
to govern effectively.

The primary responsibilities of the board are to set
a direction for the district, provide a structure by
establishing policies, ensure accountability and provide
community leadership on behalf of the district and
public education. To fulfill these responsibilities, there
are a number of specific jobs that effective boards
must carry out.

To be effective,
an individual trustee:

To operate effectively,
the board must have a unity
of purpose and:

Effective boards:

» Keeps learning and achievement for all students as the
primary focus.
» Values, supports and advocates for public education.

1. the attributes of an effective
individual trustee,
2. the attributes of an effective governing
board, and
3. the specific jobs the board performs
in its governance role.

The intent of these standards is to enhance the
public’s understanding about the critical
responsibilities of local boards and to support
boards in their efforts to govern effectively.

» Recognizes and respects differences of perspective and
style on the board and among staff, students, parents
and the community.
» Acts with dignity, and understands the implications of
demeanor and behavior.
» Keeps confidential matters confidential.
» Participates in professional development and commits
the time and energy necessary to be an informed and
effective leader.
» Understands the distinctions between board and staff
roles, and refrains from performing management
functions that are the responsibility of the
superintendent and staff.
» Understands that authority rests with the board as a
whole and not with individuals.

» Keep the district focused on learning and achievement
for all students.
» Communicate a common vision.
» Operate openly, with trust and integrity.
» Govern in a dignified and professional manner, treating
everyone with civility and respect.
» Govern within board-adopted policies and procedures.
» Take collective responsibility for the board’s
performance.
» Periodically evaluate its own effectiveness.
» Ensure opportunities for the diverse range of views in
the community to inform board deliberations.

» Involve the community, parents, students and staff in
developing a common vision for the district focused on
learning and achievement and responsive to the needs
of all students.
» Adopt, evaluate and update policies consistent with the
law and the district’s vision and goals.
» Maintain accountability for student learning by adopting
the district curriculum and monitoring student progress.
» Hire and support the superintendent so that the vision,
goals and policies of the district can be implemented.
» Conduct regular and timely evaluations of the
superintendent based on the vision, goals and
performance of the district, and ensure that the
superintendent holds district personnel accountable.
» Adopt a fiscally responsible budget based on the
district’s vision and goals, and regularly monitor the
fiscal health of the district.
» Ensure that a safe and appropriate educational
environment is provided to all students.
» Establish a framework for the district’s collective
bargaining process and adopt responsible agreements.
» Provide community leadership on educational issues and
advocate on behalf of students and public education at
the local, state and federal levels.

 November 2017

Governance Brief
The School Board Role in Creating the Conditions for
Student Achievement: A Review of the Research (Summary)
by Mary Briggs and Manuel Buenrostro

Introduction
This brief will answer the following
questions:

This brief sheds light on how boards can carry out the
essential responsibility of governance to help their school
districts and county offices of education improve learning outcomes for the students in their communities. It
is a summary of a CSBA report The School Board Role
in Creating the Conditions for Student Achievement: A
Review of the Research.
In studies of district improvement, research has focused
on central offices and schools, paying limited attention to
the role of school district boards, and virtually none to
county boards. To address these oversights, the first sections of this brief focus on how school districts impact
student outcomes, identifying six factors that support district improvement and noting implications for how school
boards can affect each area. The final two sections explore
research that focuses explicitly on school board professional
development and roles and relationships. While research on
the county board role is virtually non-existent, many of the
research conclusions on the impact of school boards on student outcomes are also relevant for county boards.

The Six Factors Supporting District
Improvement
The full report explores the six interdependent factors
that appeared most often in our extensive review of the
literature on districtwide improvement in student achievement. We paid particular attention to what scholars had
to say about school districts that have made or are making progress toward improving outcomes for historically
underserved student groups. The six factors include:

CSBA   2018 Policy and Programs Annual Review

»

What are six research-based factors that support
district improvement?

»

How can board members support each of these factors?

»

What does the research say about board member
professional development?

»

What does the research say about board member
roles and relationships?

1.

Setting a vision and goals with a primary focus on student achievement, and aligning resources to realize
those goals.

2.

Establishing and maintaining a coherent, districtwide
system that still offers a degree of autonomy at the
school site.

3.

Using data to inform and support continuous improvement, especially for student achievement.

4.

Creating a district culture that supports student
achievement, including establishing strong community
partnerships.

5.

Investing in staff capacity at all levels.

6.

Maintaining stable and effective leadership while ensuring a shared vision and responsibility for meeting goals
that can withstand leadership transitions.

86

 Factor 1: Setting a Vision and Goals
Multiple studies have found a positive relationship between
student achievement and boards that share a common
vision and goals.1,2 With this strong foundation, distractions
can be reduced, nonessential initiatives can be filtered out,
and people are more likely to work together effectively on
a common agenda.3,4 In setting a vision and aligning goals
that improve student outcomes, boards should consider the
following factors:

Factor 2: A Coherent System That Also Provides
Site-Level Flexibility
School and county boards are tasked with governance but
not administration. They can support coherence by monitoring how the different components of the system interact
in service of key goals, while leaving the details of strategy
implementation and management to district staff. In establishing a coherent system, board members should consider
the following:

Focus on learning outcomes. Research has shown that
goals focused on learning outcomes have the greatest
impact on student achievement.5,6,7 In a district comparison study, the boards from low-achieving districts reported
focusing primarily on keeping costs low, while boards in
high-achieving districts identified academic achievement as
their main responsibility.8 Studies also suggest that boards
in high-achieving districts spend more time discussing student achievement and policy development than discussing
administrative details.9,10

Everything is connected. A focus on systems thinking
recognizes that what is done in one part of the system
affects every other part of the system. At the same time,
changes in a single area are not likely to lead to systemwide change. A partial list of the systems operating within
a district includes hiring and teacher assignment practices,
evaluation systems, professional development, facilities use,
scheduling, and instructional materials adoption processes.
In a coherent system, these components complement rather than compete with one anoter.

Engage stakeholders in the process. By gathering and
sharing input from a range of stakeholders in a timely
and effective manner, districts can encourage buy-in and
establish a vision and goals that reflect the priorities of the
whole system. This is supported by a study indicating a
statistically significant correlation between the inclusion of
relevant stakeholders in the goal-setting process and student achievement.11

“Islands of Excellence” are not enough. Having individual high-achieving schools, grade levels, or classrooms
within a district while other students are left behind is not
enough. School districts should be organized to support a
coherent system of services that facilitates excellent teaching and learning in every school and classroom.16

Place equity front and center. Research indicates that
boards in high-performing districts and those that close
achievement gaps demonstrate a shared commitment to
ensuring a high-quality education for every student,12 set
goals and policies that foster learning for all students, and
develop goals for faster growth for high-need students
(coupled with equitable investments).
Communicate. Researchers report that successful boards
use the district vision as the basis for policy initiatives and
monitoring. They also engage in a wide range of activities
throughout the district, allowing them to communicate and
reinforce the vision and goals more widely.13
Align resources. Research describes a positive relationship
between student achievement and leaders’ use of resources to support goals,14 including an achievement boost in
urban districts that funneled extra resources to the lowestperforming schools.15

CSBA   Governance Brief   November 2017
CSBA   2018 Policy and Programs Annual Review  

What is Coherence?
Recent education research has argued for district coherence, but what does that mean? Researchers who study
coherence emphasize that it extends beyond wellaligned structures. Coherence is a dynamic process that
involves schools and central offices working together to
continually negotiate the needs of each school within
the broader demands placed on the district.17 In other
words, the ongoing work within the district is coordinated to support a district’s progress toward its goals.

Ideas for new initiatives should be carefully filtered.
Governing boards can guide administrators at both the
central office and school level to filter new ideas so that
“initiative fatigue” does not occur. As education consultants and authors Michael Fullan and Joanne Quinn noted,
the problem is “the presence of too many [goals] that are
ad hoc, unconnected, and ever changing.”18 Likewise, policy researcher and expert Jonathan Supovitz advises leaders
such as board members to use their vision and goals to

2

87

 exercise discipline in considering whether new initiatives
that are not expressly mandated are consistent with district goals—or divert critical resources, including time and
energy.19
Centralization versus decentralization is not the
issue. Many district reform efforts focus on increased
or decreased centralization at the district level. However,
research has shown that it is districts’ ability to effectively
implement their selected strategies, not their level of centralization that is most important to district improvement.20
District authority and site-level flexibility should be
balanced. Research on district improvement consistently
points to an approach that balances district authority with
site-level flexibility.21,22,23 The district’s role is to establish
a shared vision and goals, and measure progress. How
schools meet goals, however, should allow for professional
judgment and reflect the school context.24,25,26 Research
supports the need for district goals that are non-negotiable
and strongly emphasized, while allowing school leaders—
including teachers—to determine the approach to achieve
those goals.27

Factor 3: Using Data to Inform and Support
Continuous Improvement
Leaders at both the district and school level need reliable
data to inform decisions about how to improve student outcomes and facilitate continuous improvement. Effective use
of data depends on the capacity of users to interpret and
act on it. To support continuous improvement, board members should consider how data is used by district leadership
and within each school—particularly to advance equity.
District leadership for data use. A culture in which
data informs decisions starts with district leaders, including the board, superintendent, and central office staff.
District leadership can support continuous improvement by
using data at the central office to monitor how fiscal and
human resource investments contribute to meeting goals.
In a study of how Sanger Unified School District achieved
significant gains in the past decade, researchers identified decisions grounded in evidence as a key principle for
improvement—this included looking at different types of
data to test and improve approaches, as well as to gain
community support.28
School use of data. District leaders are key to ensuring
that schools have the appropriate infrastructure, guidance,
and training to use data effectively, and that they understand the importance of effective use of data. A nationally
representative survey of district leaders found nearly all
superintendents and three fourths of board members
CSBA   Governance Brief   November 2017
CSBA   2018 Policy and Programs Annual Review  

regarded the frequent use of assessment data as an important instructional strategy.29 The most common approaches
to building school capacity for data use according to a
nationwide survey are professional development, providing
staff for data system setup and support, and developing
tools for generating and acting on data.30
Given that teachers are the most important in-school factor contributing to student achievement, teachers’ use of
data is critical.31,32 School boards can make it a priority for
the district to make relevant and timely data available to
teachers, along with providing them the flexibility to adapt
lessons and curriculum in response to student, classroom,
and school learning needs.33 Principals also influence how
teachers use data by implementing data examination
activities, establishing a climate in which data is used as a
resource for learning and improving practice, and setting an
example through their own use of data to inform site-level
decisions.
Data to support equity. Data analysis with a focus on
equity can help district leaders identify opportunity and
achievement gaps, and determine which resources can be
used to close these gaps. Data can also help district leaders
communicate with parents and other stakeholders about
how and why resources are being used to address challenges. Using data for equity at the classroom level means
looking at multiple factors to address individual student
needs.34 Research has shown that teachers in schools that
are narrowing achievement gaps are more likely to receive
professional development on understanding data, linking it
to instructional strategies, and applying what they learn to
address the instructional needs of low-achieving students.35

Factor 4: Culture of Support
District culture consists of the predominant norms, values, and attitudes that drive the behavior of the board,
administrators, educators, other personnel, students, and
families.36 Boards can model and communicate norms and
values for professional behavior that foster effective teach64%
ing and learning. Moreover, boards can work with
central
office administrators to develop policies that support collaboration and professional learning. In our review of the
research, the following themes are essential to a culture
that contributes to student achievement:
Trust is important. Successful implementation of strategies cannot happen without trust—including trust between
principals and their staff; peers, parents and schools; and
the central office and schools.37,38,39,40 Board members
can support a culture of trust by engaging with the community, modeling positive and professional relationships,

3

88

 making decisions with transparency, and fostering mutual
accountability.

this: They identify professional learning as the most important approach to improving student learning.49

Attitudes and beliefs shape culture. District culture is
influenced by the attitudes and beliefs of staff at all levels—three beliefs that shape a positive culture and appear
throughout the research are highlighted below:

Research indicates that boards that are successful at
implementing and sustaining initiatives invest in extensive
professional development, even in tough financial times,
while boards that dramatically cut professional development have proven less successful in seeing their initiatives
to completion.50 In addition, researchers have found that
training for board members can strengthen their beliefs
that adults can have a positive impact on student achievement and that professional learning is essential to improving
teaching and learning.51

1.

All students can learn. Boards in high-achieving districts report significantly more positive opinions about
their students’ potential than in low-achieving districts
with similar students.41

2.

Teachers and schools make a difference. Effective
boards—those in districts that successfully implement
policies that lead to improved student achievement—
believe in their districts’ collective ability to improve
student achievement, while less-effective boards are
more likely to blame external factors and students.42

3.

Everyone is responsible for student learning.
Shared responsibility ensures that staff at all levels
support each other to improve student outcomes.43
In successful districts, educators: 1) take responsibility for their contributions to improving teaching and 2)
receive support from boards, superintendents, central
office staff, principals, and others.44

School staff capacity is critical to site coherence and
autonomy. The capacity of school staff is essential to
maintaining a balance between districtwide coherence and
site autonomy. While site autonomy is part of an effective
system, staff—teachers and principals, in particular—need
appropriate training and support to meet goals established
by district leaders.
»

Teacher capacity. Research has shown that teachers are the most important in-school contributors to
a range of student outcomes52 and that the quality of
teachers’ subject matter knowledge and pedagogical
understanding have an impact on student learning.53
Teacher professional development on the implementation of a rigorous curriculum, differentiation for
diverse students, using assessment data, and making
time for collaboration are all associated with improvements in teaching and learning.54 Effectively structured
collaboration, in particular, can help teachers improve
their instructional skills and improve student academic
achievement.55

»

Principal capacity. Principals have a substantial
impact on the support provided to school staff and in
how instructional time is invested, with research indicating positive connections between student learning
and specific principal behaviors; teachers’ understanding of what to do to improve teaching and learning;56
and the conditions that attract and retain skilled
teachers.57,58,59,60

Community engagement is essential for success.
Research identifies strong community connections as a
characteristic of high-achieving districts.45 Therefore, leaders can enhance the success of district initiatives by investing
in meaningful community engagement.
Partnerships enhance impact. One of the frequently
cited characteristics of effective boards is a positive relationship with external agencies, local and state government,
and the general public.46,47 Partnerships with external agencies can often bring additional resources and capacity to
schools.48

Factor 5: Investing in Capacity at All Levels
Districts and schools need qualified staff to deliver educational programs that meet the learning needs of all students.
Furthermore, as districts seek to improve student achievement through new initiatives, outcomes depend on highly
skilled staff, including district leaders and school personnel.
District leaders play an important role in developing
staff capacity. Evidence indicates that districts that invest
in professional learning for teachers, school leaders, and
district leaders can achieve improvements in student outcomes. Board members and superintendents understand

CSBA   Governance Brief   November 2017
CSBA   2018 Policy and Programs Annual Review  

Factor 6: Planning for Leadership Turnover
Since ambitious reforms operate on timelines that often
outlast board terms and superintendent tenure, experts
observe that districts should explicitly plan for evolving
teams and implement systems to uphold major initiatives
through transitions.61

4

89

 Boards can support successful transitions. Strong support throughout the system makes longevity of initiatives
more likely. As previously mentioned, board members play
a key role in community engagement, establishing partnerships, and creating a shared vision and goals.62 Together
these form a foundation that helps boards incorporate new
leaders into ongoing improvement efforts.
»

Superintendents. A shared vision and goals guide
boards as they fulfill one of their major responsibilities—hiring and supervising a superintendent. The
board and community can set the expectation for a
superintendent to maintain district initiatives to achieve
a district’s vision and goals.

»

New board members. Boards can ensure a careful
onboarding process that shortens the learning curve
for new members and fosters ongoing productive collaboration. This training can focus on key areas, such as
the appropriate board role.63 Boards can also schedule
study sessions that address the vision and goals established
by the board, and a summary of prior work and progress.

Superintendent turnover. Superintendents are crucial to
implementing board priorities, yet turnover can challenge
the sustainability of initiatives. Understanding why superintendents leave can help boards address recruitment and
retention effectively.
There is a common misconception that superintendents
often leave their districts due to poor relations with their
boards—research in California found this to be one of
the less common reasons for superintendent attrition.
Retirement was the most common reason and moving to
a district that was larger or that offered better compensation was a close second. While poor board relations were
a more prevalent impetus for turnover decisions in large
and low-income districts in both California and nationwide,
most board members and superintendents in the California
study said that their districts had high-functioning boards
and positive board–superintendent relationships.64,65
Board member turnover. Though more predictable
given the nature of election cycles, very little research has
addressed factors related to board turnover. However,
there is some evidence of the impact of board member
turnover on student achievement. For example, a study of
board turnover in Washington state found a statistically
significant relationship between increasing board turnover
and declining achievement scores, especially in cases in
which turnover was motivated by personal circumstances
as opposed to electoral defeat.66

CSBA   Governance Brief   November 2017
CSBA   2018 Policy and Programs Annual Review  

The Impact of Board Relationships and
Roles
Districts and county offices of education are complex
organizations. To be effective, they require clearly defined
responsibilities and positive relationships between
leadership and staff. In these organizations, board
members and the superintendent form the leadership
team and entrust central office and school staff with
carrying out their shared vision. Understanding the
parameters of each district role is central to maintaining
effective working relationships.

CSBA Outlines Five Board Responsibilities:
1.

Set direction for the district or county office of
education.

2.

Establish structure through policy.

3.

Provide support for implementation.

4.

Ensure accountability through oversight and
monitoring.

5.

Act as community leaders.

These functions are so fundamental to a system’s
accountability to the public that only an elected board
can fulfill them.

Research identifies the following board roles as having a
positive impact on student outcomes:
Establishing a shared vision and goals. As stated earlier, evidence points to boards and district leaders working
together to establish and share common goals as a condition for district success.67 Research also indicates that when
the board and superintendent share common goals, principals feel more supported in their work.68
Working collaboratively. The importance of collaboration extends beyond the board and superintendent—it
includes collaboration between the board and other district staff, as well as among individual board members.
A National School Boards Association report found that
“effective boards lead as a united team, with the superintendent, each from their respective roles, with strong
collaboration and mutual trust.”69 This is supported by
observations of over 100 board meetings, where researchers found that board members in low-performing districts
focused on advancing their own agendas more often than
those in high-performing districts.70

5

90

 Engaging the community. Positive community relations
are essential to sustainable improvement, and research
supports that board members have an important role in
fostering this relationship.71 There is also evidence that
board members from high-performing districts engage
more with government and community agencies.72
Empowering staff. Understanding the role of boards as
vision-setters and policymakers, and of superintendents and
other staff as implementers, is important. This is supported
by the Council of the Great City Schools, which identified the board’s ability to focus on “policy level decisions”
and not “the day-to-day operations” as a precondition for
success.73 Successful boards set higher expectations for
superintendents, but they also empower their superintendents as leaders that contribute guidance and expertise.74

Training and Professional Learning for
Board Members
Professional learning for board members can enhance their
ability to support the factors associated with improving student achievement. Research on effective boards and district
leadership supports the conclusion that professional learning is essential.75 Evidence suggests that boards benefit
from training in the following areas:
1.

The basics of the job. Bringing board members up to
speed on policies and regulations that help them meet
their fiduciary responsibilities.

2.

Effective governance practices. Ensuring that meetings are run efficiently and that effective protocols
are in place, so that meetings can focus on student
achievement.76

3.

The role of the board and that of the superintendent and staff. Ensuring that the board supports
district efforts effectively and focuses on working collaboratively to set policies and direction.77

4.

Ways to improve student outcomes and close
achievement gaps. Ensuring that board members are
champions of student learning and equity in how they
set goals and policies, and that they make investments
that support effective teaching and learning.

5.

Community engagement and public leadership.
Ensuring that board members can communicate effectively with and advocate for the needs of their schools
and communities.

CSBA   Governance Brief   November 2017
CSBA   2018 Policy and Programs Annual Review  

As champions of public education, board members can
model the value of lifelong learning for their county offices
of education, school districts, schools, and communities. In
addition to the professional development topics covered in
this section, board training on each of the six factors linked
to school district improvement explored in this report can
also support student achievement. For this reason, boards
may wish to incorporate periodic self-assessments to identify areas that warrant additional attention.
With the changing education landscape in California, there
will always be a need for board professional development
about evolving standards, assessments, regulations, and
legislation that can affect the operations of their school
districts and county offices of education. Informed board
members are better stewards of public education—more
effectively communicating with the community about the
importance of public education and the challenges and
opportunities faced by public schools.
CSBA is strongly committed to providing quality professional learning, research, and information on important topics,
and to ensuring that board members continue to advocate
for equity and closing achievement gaps. As one of the 26
states where board training is not currently mandated,78
we will continue to fill the important role of ensuring that
board members can be among the most effective supporters of public education.

Conclusion
This brief is a summary of the CSBA report The School Board
Role in Creating the Conditions for Student Achievement.
For more about the research that serves as the foundation for each of the six factors that support student
achievement, an annotated bibliography of board-specific
research, and a detailed list of professional development
opportunities for board members, the full report is available
at http://bit.ly/2ilfZb3.

6

91

 Endnotes

18

See endnote 3

1

19

See endnote 4

20

See endnote 16

21

David, J. L., & Talbert, J. E. (2013). Turning around a high-poverty
district: Learning from Sanger. San Francisco, CA: S.H. Cowell
Foundation.

22

Dailey, D., Fleischman, S., Gil, L., Holtzman, D., O’Day, J. A.,
& Vosmer, C. (2005). Toward more effective school districts:
A review of the knowledge base. Washington, DC: American
Institutes for Research. Retrieved from http://bit.ly/2pW0Y59

23

Shannon, G. S., & Bylsma, P. (2004). Characteristics of improved
school districts: Themes from research. Olympia, WA: Office
of Superintendent of Public Instruction. Retrieved from
http://bit.ly/2pTaVQr

2

Robinson, V. M. J., Lloyd, C. A., & Rowe, K. J. (2008). The impact
of leadership on student outcomes: An analysis of the differential effects of leadership types. Education Administration
Quarterly, 44(5), 635-674. Retrieved from http://bit.ly/1xvoAsC9
Waters, J. T., & Marzano R. J. (2006). School district leadership
that works: The effects of superintendent leadership on student
achievement. Denver, CO: Mid-Continent Research for Education
and Learning. Retrieved from http://bit.ly/2zgsfR4

3

Fullan, M., & Quinn, J. (2016). Coherence: The right drivers in
action for schools, districts, and systems. Thousand Oaks, CA:
Corwin.

4

Supovitz, J. A. (2006). The case for district-based reform: Leading,
building, and sustaining school improvement. Cambridge, MA:
Harvard University Press.

5

Devarics, C., & O’Brien, E. (2011). Eight characteristics of effective school boards: Full report. Alexandria, VA: Center for Public
Education. Retrieved from http://bit.ly/1k86k7c

24

Finnigan, K. S., & Daly, A. J. (2012). Mind the gap: Organizational
learning and improvement in an underperforming urban system.
American Journal of Education, 119(1), 41–71.

6

Southern Regional Education Board. (2010). The three essentials: Improving schools requires district vision, district and state
support, and principal leadership. Atlanta, GA. Retrieved from
http://bit.ly/2pT4xbS

25

Chrispeels, J. H., Burke, P. H., Johnson, P., & Daly, A. J. (2008).
Aligning mental models of district and school leadership teams
for reform coherence. Education and Urban Society, 40(6),
730–750.

7

Black, S. (2008). The keys to board excellence. American
School Board Journal, 195(2), 34–35. Retrieved from
http://bit.ly/2pW4lcc

26

O’Day, J. A. (2002). Complexity, accountability, and school
improvement. Harvard Educational Review, 72(3), 293–330.

27

See endnote 2

8

Delagardelle, M. L. (2008). The lighthouse inquiry: Examining the
role of school board leadership in the improvement of student
achievement. In T. L. Alsbury (Ed.), The future of school board
governance: Relevance and revelation (pp. 191–223). Lanham,
MD: Rowman & Littlefield Education.

28

See endnote 21

29

Hess, F. M., & Meeks, O. (2010). School boards circa 2010:
Governance in the accountability era. The National School
Boards Association (NSBA), The Thomas B. Fordham Institute,
and The Iowa School Boards Foundation. Retrieved from
http://bit.ly/2pXWfh0

30

U.S. Department of Education, Office of Planning, Evaluation
and Policy Development. (2010). Use of education data at the
local level from accountability to instructional improvement.
Washington, DC. Retrieved from http://bit.ly/2qSdRdF

31

Chetty, R., Friedman. J. N., & Rockoff, J. E. (2011). The long-term
impacts of teachers: Teacher value-added and student outcomes
in adulthood. National Bureau of Economic Research. Retrieved
from http://bit.ly/2yvejUg

9

Alsbury, T. L. (2008). School board member and superintendent
turnover and the influence on student achievement: An application of the dissatisfaction theory. Leadership and Policy in
Schools, 7(2), 202–229. Available at http://bit.ly/2zg4cSq

10

Land, D. (2002). Local school boards under review: Their role
and effectiveness in relation to students’ academic achievement.
Review of Educational Research, 72(2), 229–278.

11

See endnote 2

12

See endnote 8

13

LaRocque, L., & Coleman, P. (1993). The politics of excellence:
Trustee leadership and school district ethos. The Alberta Journal
of Educational Research, 39(4), 449-475.

32

Hanushek, E. A. (2002). Teacher quality. In L. T. Izumi & W.
M. Evers (Eds.), Teacher Quality. Stanford, CA: Hoover Press.
Retrieved from http://stanford.io/2pWfc5L

14

See endnote 2

33

15

Snipes, J., Doolittle, F., & Herlihy, C. (2002). Foundations for
success: Case studies of how urban school systems improve student achievement. Washington, DC: Council of the Great City
Schools. Retrieved from http://bit.ly/2pTm6IB

Young, V. M. (2008). Supporting teachers’ use of data: The role
of organization and policy. In E. B. Mandinach, & M. Honey
(Eds.), Data-Driven School Improvement: Linking data and learning (pp. 103-104). New York, NY: Teachers College Press.

34

Wayman, J. C., Conoly, K., Gasko, J., & Strinfield, S. Supporting
equity inquiry with student data computer systems. In E. B.
Mandinach, & M. Honey (Eds.), Data-driven school improvement: Linking data and learning (p. 173). New York, NY: Teachers
College Press.

35

Symonds, K. W. (2004). After the test: Closing the achievement
gaps with data. Learning Point Associates and Bay Area School
Reform Collaborative. Retrieved from http://bit.ly/2goGnUz

16

Johnson, S. M., Marietta, G., Higgins, M. C., Mapp, K. L., &
Grossman, A. (2015). Achieving coherence in district improvement: Managing the relationship between the central office and
schools. Cambridge, MA: Harvard Education Press.

17

See endnote 3

CSBA   Governance Brief   November 2017
CSBA   2018 Policy and Programs Annual Review  

7

92

 36

See endnote 16

37

Bannister, N. A. (2015). Reframing practice: Teacher learning
through interactions in a collaborative group. Journal of the
Learning Sciences, 24(3), 347–372.

38

Marsh, J. A. (2012). Interventions promoting educators’ use
of data: Research insights and gaps. Teachers College Record,
14(11), 1–48.

39

Johnson, P. E., & Chrispeels, J. H. (2010). Linking the central
office and its schools for reform. Educational Administration
Quarterly, 46(5), 738–775. Retrieved from http://bit.ly/2gMDauP

40

Young, V. M., & Kim, D. H. (2010). Using assessments for instructional improvement: A literature review. Education Policy Analysis
Archives, 18(19), 1–40. Retrieved from http://bit.ly/2A6yXt9

41

See endnote 8

42

See endnote 8

43

See endnote 8

44

See endnote 22

45

See endnotes 8, 13, and 15

46

Plough, B. (2014). School board governance and student achievement: School board members’ perceptions of their behaviors
and beliefs. Educational Leadership and Administration:
Teaching and Professional Development, 25, 41-53. Retrieved
from http://bit.ly/2yRNOeK

59

Ladd, H. (2009). Teachers’ perceptions of their working conditions: How predictive of policy-relevant outcomes? Washington,
DC: Center for Analysis of Longitudinal Data in Education
Research (CALDER). Retrieved from http://urbn.is/2zerJ7l

60

Hirsch, E., Freitas, C., Church, K., & Villar, A. (2008). Massachusetts
teaching, learning and leading survey: Creating school conditions where teachers stay and students thrive. New Teacher
Center at UC Santa Cruz. Retrieved from http://bit.ly/2pcNWky

61

McAdams, D. R. (2006). What school boards can do: Reform governance for urban schools. New York, NY: Teachers College Press.

62

See endnotes 4 and 61

63

Hanover Research. (2014). Effective board and superintendent collaboration. Washington, DC. Retrieved from
http://bit.ly/2pXE5w1

64

Council of the Great City Schools. (2014). Urban indicator:
Urban school superintendents: Characteristics, tenure, and salary: Eighth survey and report. Washington, DC. Retrieved from
http://bit.ly/2pozgPi

65

Grissom, J. A., & Andersen, S. (2012). Why superintendents turn
over. American Educational Research Journal, 49(6), 1146–1180.

66

See endnote 9

67

See endnotes 2 and 15

68

See endnote 6

69

See endnote 5

70

Lee, D. E., & Eadens, D. W. (2012). The problem: Low-achieving
districts and low-performing boards. International Journal of
Education Policy & Leadership, 9(3).

71

See endnotes 8 and 15

72

See endnote 46

73

See endnote 15

74

See endnote 13

75

See endnote 8

76

See endnotes 46 and 70

77

See endnotes 64 and 65

78

See endnote 9

47

See endnotes 10 and 22

48

See endnote 4

49

See endnote 29

50

See endnote 46

51

See endnote 8

52

See endnotes 31 and 32

53

Darling-Hammond, L. (2000). Teacher quality and student
achievement: A review of state policy evidence. Education Policy
Analysis Archives, 8(1). Retrieved from http://bit.ly/2yot8dJ

54

Murphy, J. (2010). The educator’s handbook for understanding
and closing achievement gaps. Thousand Oaks, CA: Corwin Press.

55

Ronfeldt, M., Farmer, S. O., McQueen, K., & Grissom, J. A.
(2015). Teacher collaboration in instructional teams and student
achievement. American Education Research Journal, 52(3).

56

See endnote 2

Mary Briggs is an Education Policy Analyst for the California
School Boards Association.

57

Scholastic and the Bill & Melinda Gates Foundation. (2010).
Primary sources: America’s teachers on America’s schools.
Retrieved from http://bit.ly/2yukQ1a

Manuel Buenrostro is an Education Policy Analyst for the
California School Boards Association.

58

Hirsch, E., Sioberg, A., & Germuth, A. (2010). TELL Maryland:
Listening to educators to create successful schools. New Teacher
Center at UC Santa Cruz. Retrieved from http://bit.ly/2qJppnf

CSBA   Governance Brief   November 2017
CSBA   2018 Policy and Programs Annual Review  

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93

 Governing to Achieve
A Synthesis of Research on School Governance
to Support Student Achievement

Christopher Maricle, California School Boards Association   August 7, 2014

 Table of Contents
Introduction  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 1
Why School Governance Matters  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 1
The Evolution of K-12 Education and Governance  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 2
Executive Summary  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 4
Chapter 1: Governance Defined  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 6
Chapter 2: Governance Commitments  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .10
Chapter 3: Governance Practices  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .13
Chapter 4: Governance Actions  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 16
Chapter 5: Engaging Community  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 20
Chapter 6: Discussion  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 24
Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Endnotes  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 27

ii

Governing to Achieve, August 2014   Christopher Maricle   California School Boards Association   www.csba.org

 Governing to Achieve: A Synthesis of Research on
School Governance to Support Student Achievement
Christopher Maricle, California School Boards Association   August 7, 2014

Introduction
The California School Boards Association developed the Professional Governance Standards in 2000
through a collaborative process including hundreds of board members, superintendents and other educational leaders throughout the state of California. The intent of the standards was to enhance the public’s
understanding about the critical responsibilities of local boards and to support boards in their efforts to
govern effectively.1 Since that time, the body of research on school boards has grown. This report synthesizes and summarizes some common findings from the research as well as from the concepts and theories
suggested by governance practitioners. The findings suggest an evidentiary basis for the Professional
Governance Standards. In addition, the findings identify some new governance practices that have come to
light in the decade since the standards were developed.
The purpose of this report is to describe the research-based activities of boards that contribute to raising
student achievement in a framework that can serve as the foundation for informing boards and communities about how to strengthen local governance as an important step in improving education for all
students in California.
Why school governance matters
There is wide consensus that students graduating from high school will need at least some post-secondary
training to acquire the skills necessary to participate in the emerging economy of the 21st century. School
boards bear the ultimate responsibility for ensuring that students leave our K-12 schools prepared for
post-secondary success. A growing body of literature and research suggests that boards can add value to
raising student achievement. Therefore, understanding the research on how boards contribute to school
effectiveness should be a primary concern to board members, the communities that elect them, and the
professional educators they support and direct.
Not only have our expectations for student outcomes evolved, the way in which we teach students is
also undergoing major changes. Technology is bringing vast informational resources to some teachers
and students, though not all have equitable access. The digital divide creates a significant challenge, and
overcoming the inequity can translate into significant cost. Technology also brings the possibility of online
learning, and alternative forms of instructional delivery. It has been predicted that 50% of all high school
classes will be online by 2019, making the typical high school experience a blended learning experience,
mixing the best of online and face-to-face learning. In addition to technology, recent advances in neuroscience, specifically on how the brain learns, are causing researchers and practitioners to talk about the
structures we need for 21st century learning, and there are calls for teacher education to include neuroscience coursework. These changes are inspiring new conversations about the assumptions we have for
learning. For decades, time and space for learning was fixed and student outcomes varied. Now, educators
1

Governing to Achieve, August 2014   Christopher Maricle   California School Boards Association   www.csba.org

 are talking about keeping time and space flexible, but making student outcomes fixed: all students meet
standards of performance. Because of their authority and responsibility to set goals and policies that guide
districts, boards have a crucial role to play in transforming how K-12 schools will work in the 21st century.
Finally, our K-12 schools serve a deeper purpose. According to historian David Tyack:
The founders of the nation were convinced that the republic could survive only if its citizens were
properly educated … The common school ... was a place for both young and adult citizens to
discover common civic ground, and, when they did not agree, to seek principled compromise.2
Professor Benjamin Barber, director of the Democracy Collaborative at the University of Maryland contends
that the founding fathers “agreed that the success of the new experimental Constitution depended as
much on the character and competence of the citizenry as on the clarity and farsightedness of the Constitution.”3 Public schools are the place where we develop the character and competence of young people.
Schools teach students how democracy works. Schools also engage students in collaboration, preparing
them for participating in public life. Schools model the democratic process because they are governed by
locally elected boards. Our country desperately needs schools that are committed to modeling, teaching
and engaging young people in the practice of democratic citizenship. Thus, the importance of a clear and
coherent understanding of how local school governance can be most effective is directly related to one of
our most important goals as a free society. Our ultimate goal must be that every student become, in the
words of Michigan State College president John Hannah in 1944, “an effective citizen, appreciating his
opportunities and fully willing to assume his responsibilities in a great democracy.”4 Locally, school boards
must make decisions that will prepare the next generation not only to govern, but to want to govern.
Context: The evolution of K-12 education and governance
Though most school classrooms may look similar to the one’s our grandparents knew, K-12 public
education has experienced tectonic changes that have significantly shifted the work of school boards.
Several major changes in the last sixty years that deeply impacted K-12 schools nationally include:
1.  Teaching grew as a profession. The requisite knowledge and skills have become more specialized over
the decades.
2.  The business of schools became increasingly complex.
3.  Federal and state government regulation dramatically increased. Federally, this included the National
Defense Education Act of 1958, the Bilingual Act of 1968, Title IX in 1972, Education for All Handicapped Children in 1975 (renamed in 1991 as the Individual with Disabilities Act), leading up to No
Child Left Behind Act in 2000.
4.  School districts grew fewer in number and larger in size, reducing the total number of districts nationally by more than 50,000 in just 13 years. On any given day the 1970s, “three district disappeared
forever between breakfast and dinner.” (Figure 1)
5.  As result of the growth of districts, the relative number of constituents represented by board members
increased significantly. In the 1930s, school board members represented an average of about 200
people. By 1970, that number had jumped to an average of 3,000.5
2

Governing to Achieve, August 2014   Christopher Maricle   California School Boards Association   www.csba.org

 6. More recently, the county is being changed by
sweeping demographic and economic shifts. The
U.S. Census Bureau estimated that by 2015, net international migration will account for more than half
of our nation’s population growth. At the same time,
our country is experiencing a wide disparity in literacy
and numeracy skills which are not evenly distributed
across race, ethnic or socioeconomic subgroups.
In addition to the skills gap, there have been major
changes in the economy, including a dramatic
decrease in manufacturing jobs.6

100,000

Fig. 1

89,000

Disappearing districts
55,000
50,000

31,000

At the state level, there are additional factors in California that impact school boards.

14,000
0

7.

1953
1948
1961
California communities are becoming increasingly diverse. More than 1.4 million English
language learners made up 23% of California’s K-12 student population in 2010-11.7

2007

8. California has one of the lowest per-pupil spending rates among the 50 states.
9. Initiated after years of funding cuts triggered by a national recession, the implementation of Common
Core is requiring changes in instructional pedagogy, learning materials and assessments. This initiative
requires significant and ongoing investments in teacher professional development and technology
hardware and infrastructure.
10. The state is changing its state assessments and revising its accountability system at the same time.
11. The Local Control Funding Formula and Local Control and Accountability Plans (approved in 2013) are
changing the how district funding is allocated and how districts and boards must align budgets to outcomes.
In summary, districts became larger, the business of schools more complex and the profession of education
more specialized. Government regulation became more prescriptive and the overall level of funding
declined. There are several significant changes taking place simultaneously in the educational system, and
there is a high degree of uncertainty. The population is increasing in size and diversity, the economy has
been turbulent, and the job market is changing significantly.
Despite all these challenges, public opinion still supports local school boards. When asked, in a 2006 Phi Delta
Kappa poll, who should have the greatest influence on what is taught in public schools, 55% of respondents
chose school boards, 26% chose the state, and 14% chose the federal government. Despite this support, the
public is not engaged in school governance. This is evidenced by the consistently low voter turnout at school
board elections, especially off-cycle elections.8
Yet, if boards can help raise student achievement, and the research indicates that they can, then all stakeholders have a vested interest in the effectiveness of school boards. Students will be best served when community
members, parents, staff and board members share an understanding of what effective boards do. There is
room for hope—a growing body of research is clarifying how boards contribute to raising student achievement, and we turn now to that research.
3

Governing to Achieve, August 2014   Christopher Maricle   California School Boards Association   www.csba.org

 Executive Summary
Effective boards engage in three kinds of governing activities that are separate but inter-related, and all take
place at board meetings. In addition, both in and outside of school board meetings, effective boards engage the
community. The individual concepts summarized below are not difficult to understand. Collectively, however,
they constitute a wide array of individual and group knowledge and skills that are practiced in very unique
context—board meetings. These meetings address a wide variety of issues, with varying levels of detailed
information in the public view of constituents with very different interests. Because the boards can only do their
work at board meetings, there is a considerable time constraint. This makes the practice of governance difficult.
This report summarizes research on effective school governance that can provide boards with a framework
to assess how the board can best improve its own performance, and to do so in ways that contribute to
student achievement. Great governance happens when board members and superintendents implement
these simple ideas with uncommon discipline.
Effective boards establish governance commitments
•

Embrace a common set of core beliefs about public education, the ability of students and staff to
perform at high levels, and the elements of good school governance.

•

Build and sustain productive partnerships among board members and between the board and the
superintendent.

•

Reach clear internal agreements regarding board values, norms and protocols to organize board operations.

Effective boards adopt practices to increase their effectiveness
•

Improving their capacity to govern by creating protected time and structure for their development
as a board.

•

Understanding successful reform structures by practicing systems-thinking, continuous learning,
and extending leadership for learning.

•

Using data to make decisions and monitor district performance.

Effective boards focus on core governing decisions
•

Set direction by making student achievement a high priority, prioritizing all district improvement
efforts and clarifying the board’s expectations for performance.

•

Align all district resources and policies to ensure improvement efforts are supported.

•

Establish a comprehensive framework for accountability that includes board, superintendent and district
performance and involves and is responsive to the needs and interests of parents and community members.

Effective boards engage the community
•
4

Create a sense of urgency for reform.
Governing to Achieve, August 2014   Christopher Maricle   California School Boards Association   www.csba.org

 •

Involve stakeholders in vision and long-term planning.

•

Develop and maintain district partnerships.

•

Build civic capacity in the community to support district reform.

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Governing to Achieve, August 2014   Christopher Maricle   California School Boards Association   www.csba.org

 Chapter 1: Governance Defined
To guide this research effort, it is necessary to first unpack our definition of school governance. What is
governance? What do school boards do? A working definition emerges from a combination of 1) general
theories of governance and concepts of K-12 school governance, 2) the purpose and complexity of K-12
education, 3) the representative, fiduciary and instrumental roles of school boards, and 4) the scope and
limits of school board authority.

Concepts of governance and school governance
Government, for-profit (corporate), and non-profit/philanthropic entities offer similar definitions for governance. For-profit governance has been described as “the framework of rules and practices by which a
board of directors ensures accountability, fairness, and transparency in a company’s relationship with its
stakeholders.” The International Federation of Accountants published a 2001 report entitled Governance
in the Public Sector—A Governing Body Perspective which states “Governance is concerned with structures and processes for decision-making, accountability, control, and behavior at the top of organizations.”
A 2009 article in Australian Philanthropy defines governance as the “framework of rules, relationships,
systems, and processes within and by which authority is exercised and controlled.”
At first glance, the definitions above could be applied to school boards generally, but they do not account
for the differences between school boards and other elected governing bodies or between schools and
other for-profit and non-profit entities. A 2006 Wallace Foundation report posits a definition that applies to
all levels of education from federal to local: “governance creates the framework through which high-quality
leadership can be exercised throughout the educational system.”9

The purpose and complexity of K-12 education
The governance of any organization must be partly defined by its desired ends. One of the over-arching
purposes of K-12 schools is to ensure that all students are prepared for post-high school success. Achieving
this is the work of education professionals with special training. The requisite knowledge and skills have
become more specialized over the decades and boards have increasingly looked to the expertise provided
by the superintendent and staff, since this expertise is neither required nor expected of board members. In
addition, the business of schools has also become increasingly complex. It is “heavily statutorily regulated,
usually unionized, responsible for large employment costs, policy-laden, and financially challenged.”10
As a result, boards have increasingly looked to the professional staff for research-based and field-tested
practices that inform the board regarding what the district ought to do.

6

Governing to Achieve, August 2014   Christopher Maricle   California School Boards Association   www.csba.org

 The roles of school boards
There are three distinct and sometimes conflicting roles that boards and board members must balance in
their governing work.11
Representative role
School boards are elected or appointed to serve the community, so individually and collectively board
members have a responsibility to ensure that their governing work is guided by the values and interests that
the community has for its schools. Community input is critical; it informs the board what the community
wants the district to do for its students. The representational role can be endangered by low voter turnout.
In a recent election in Austin, Texas, school board election turnout was less than 3% of registered voters.
With so few voters, local school board elections can be significantly shaped by special interest groups, who
may exert a disproportionate influence on the outcome. A second challenge that communities face is a lack
of clarity of the authority and role of local school boards, and the skills and characteristics that most often
result in effective board service. The representational role of the board is strengthened when communities:
1) understand the role of the board, 2) help to identify high-quality candidates, and 3) participate in local
elections.12
Instrumental role
There are some things that boards must do, regardless of public sentiment. California Education Code
35161 mandates that boards “shall discharge any duty imposed by law upon it” In this role, boards must
ensure that the district is legally compliant with state and federal law, including ensuring that all district
policies remain consistent with the California code as laws change. This can create a conflict for boards—
when the local community supports a course of action that is inconsistent with legal requirements.
Fiduciary role
Boards have a fiduciary obligation to ensure the financial health and long-term stability of the district.
Boards must hold the assets and resources of the districts in trust—literally acting in the district’s best
interests. The fiduciary role requires boards to balance costs for operations and change initiatives with
district capacity. Therefore, one of the key responsibilities of the board is to monitor district revenues and
expenditures throughout the year. The annual calendar for the board’s budget oversight activity is established in law including budget adoption, first and second interim reports, unaudited year-end financial
reports, and an annual audit. This role focuses the board on what the district is able to do.
These three roles, combined with purpose of K-12 education, create a framework of four perspectives
within which boards govern:
•

the community perspective: what stakeholders want the schools to do;

•

the legal perspective: what the law says the schools must do;

•

the professional perspective: what educators say the schools ought to do; and,

•

the fiduciary perspective: what the schools are able to do.

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Governing to Achieve, August 2014   Christopher Maricle   California School Boards Association   www.csba.org

 School board authority
Boards of education in California’s K-12 school districts and county offices of education receive their
governing authority from state law. California law specifies what board must do, may do, and may not do.
These are contained in multiple education and government codes too numerous to summarize or analyze
here. There are, however, three specific codes that establish the general scope of school board authority.
Education Code 35160: “On and after January 1, 1976, the governing board of any school district may
initiate and carry on any program, activity, or may otherwise act in any manner which is not in conflict with
or inconsistent with, or preempted by, any law and which is not in conflict with the purposes for which
school districts are established.”
Education Code 35160.1(b): “It is the intent of the Legislature that Section 35160 be liberally construed to
effect this objective.”
Education Code 35161: “The board …
•

may execute any powers delegated by law to it

•

shall discharge any duty imposed by law upon it

•

may delegate to an officer or employee of the district any of those powers or duties. The governing
board, however, retains ultimate responsibility over the performance of those powers or duties so
delegated.”

Limits of authority
While California Code clearly provides broad authority for boards to act, it also very narrowly defines how
and when boards exercise these governing powers. Boards are authorized to take action:
•

only at meetings open to the public. [Education Code 35145, with some exceptions outlined in Government Code 54954.2]

•

only on items listed on the board’s agenda—posted 72 hours in advance. [Government Code 54954.2,
with some exceptions for emergencies and other qualifying criteria.]

•

only by a formal vote of the board majority. [Education Code 35163-4]

It is important to clarify that neither California Education Code nor Government Code grant any authority
to individual school board members. The board’s power is collective only, and only when they convene at
publicly-noticed meetings that are open to the public.

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Governing to Achieve, August 2014   Christopher Maricle   California School Boards Association   www.csba.org

 The definition
By combining the concepts of governance, the purpose and complexity of K-12 education, the various roles
of board members, and the scope and limits of school board authority granted in state law, a possible
definition emerges.

Definition language

Definition elements (criteria)

School boards ensure success for all students

Boards ensure the ultimate purpose (mission and
vision) of the district.

by making decisions

Boards are granted broad decision-making
authority in California Education Code.

that fulfill legal mandates and

Boards have an enforcement role.

align district systems and resources to ensure
long-term fiscal stability of the district.

Boards have a fiduciary role to hold the best
interests of the district and students in trust.

Boards must act collectively and openly,

Boards have only collective authority. Meetings
are open to the public (with certain exceptions
permitted in law).

be guided by community interests, and

Boards have a representative role.

informed by recommendations of the
superintendent and professional staff.

Boards rely on the professional judgment of
educational leaders.

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 Chapter 2: Governance Commitments
Effective school boards create and abide by governing agreements to which they mutually commit. These
agreements are achieved through deep discussions that result in mutual understanding and common
ground in three critical areas: board core beliefs, board and board-superintendent partnerships, and board
values, norms, and protocols.

Effective school boards commit to core beliefs
These commitments include establishing overarching values and beliefs they share about public education,
governance, students and the district that help them transcend their individual differences to develop a
cohesive board.
Public education
In order to support the district mission, it is important for board members to articulate a clear and coherent
set of beliefs around the purpose of public education. Shared beliefs are a prerequisite for building shared
vision for the district; these beliefs guide the district’s mission.13
Governance
In order to be effective, school boards must develop a coherent understanding of what it means to govern.
Board members should discuss thoroughly the purpose and functions of governance, and the value of
“high-quality, citizen-owned and -led public education.”14 These conversations are critical because beliefs
and values drive behavior. When board members have conflicting beliefs and understandings about governance, it can lead to confusion as board members practice their governing roles in different and sometimes
contradictory ways. Creating clarity among all governing team members about the purpose, definition and
practices of good governance is a key step to building and maintaining the trust that is necessary for board
members to work effectively with each other and the superintendent.
Students and staff
Core beliefs about students have been correlated with high student achievement. Research has found
that “board members in high-achieving districts had more elevating views of their students’ potential.”15
This is consistent with CSBA’s Professional Governance Standards, but constitutes a more prescriptive
standard than keeping “learning and achievement for all students as the primary focus.”16 Boards that
positively impact student achievement do more than simply focus on student achievement; they believe
their students are capable of achieving it. In addition, the research findings were not limited to attitudes
about students; board member beliefs and attitudes about the capacity of the district also matter. “Board
members in high-achieving districts had … more confidence in district staff’s capacity to effect gains.”17

Effective school boards establish productive partnerships
Governance researchers and practitioners have reached similar conclusions on the importance of a positive
and productive board-superintendent relationship.
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 •

“Effective school boards lead as a united team with the superintendent, each from their respective
roles, with strong collaboration and mutual trust.”18

•

“Board members have numerous and complex relationships … the most important are the relationships
board members have with one another and with the superintendent.”19

•

A strong school board-superintendent relationship is critical to achieving success”20

•

“There is a significant correlation between the superintendent’s relationship with the board president
and board alignment with and support of goals.”21

•

“Exceptional boards govern in constructive partnership with the chief executive, recognizing that the
effectiveness of the board and chief executive are interdependent.”22

•

The board nurtures the development of its members as a group; it tends to the board’s collective
welfare, and fosters a sense of cohesiveness.”23

•

Superintendents play a key role in ensuring good relations with their boards and among board members.24

The concept of partnership subtly shifts the concept of a ‘governance team’ where the board and superintendent lead together within their respective roles. This is still true, however, teams usually consist of equal
members. Partnership is different; it includes people who are not on the same team. They have different roles
with shared goals they mutually pursue. Partnership conveys the concept of mutual dependence, but not
equality. Superintendents and board members are not the same, but each needs the other to be successful.
Board members are usually not professional educators and have neither the special training nor the experience necessary for educational leadership. Superintendents do have these qualities, but they are not elected
officials and cannot perform the governance functions that community-elected board members fulfill.

Effective school boards clarify values, norms and protocols
Values, norms and protocols help boards clarify their collective beliefs, how they will work together, and
the procedures they will follow to manage board operations.
Values
Values are the principles and ideals that serve as the foundation of board culture. The board and superintendent must specifically articulate the values that will guide their working relationship. These values
help answer the question: “What do you need from each other to function well as an effective group?”
CSBA’s Professional Governance Standards speak directly to the question of values, and specifically mention
openness, trust, integrity, civility and respect.
Norms
Norms are the behavioral expectations that board members have for one another. While his concepts
regarding organizational health are directed at executive teams, Patrick Lencioni’s work is pertinent to
boards. Lencioni proposes that the question “How do we behave?” is second only to the question “Why
do we exist?” because any group of people responsible for the leadership of an organization must be
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 cohesive, and this cohesion cannot be achieved without clear agreements on the behavior members expect
from each other.25 Values answer the question: “What do we stand for and believe in?” Norms answer the
question: “What does that look like as we interact with one another?
Protocols
Protocols are the board’s operational procedures that clarify how the board does its work. Effective boards
are intentional and specific in how they structure and organize their governing work so that they can fulfill
essential governance duties and focus organizational priorities.26 Protocols provide clarity and remove
confusion. Without clear processes, “governance is difficult, maybe impossible.”27 Protocols are often the
focus of board development work and clarify how the board will: communicate between meetings, prepare
for meetings, conduct meetings, and interact with community members in and outside of meetings.
Failure to establish and abide by values, norms and protocols is a common source of difficulty for boards.
Lack of clarity or commitment to these procedures can create confusion as well as anger or distrust among
members. This often distracts the board from its real governing work and has a negative effect on board
and district culture. Effective boards work hard to maintain clarity and commitment to the board’s values,
norms, and protocols.

Summary
Effective school boards establish governance commitments in three key areas: 1) They embrace a common
set of core beliefs; 2) They are intentional about building and sustaining productive partnerships; and 3)
They have clear agreements regarding board values, norms, and protocols. Reaching clarity around these
issues is foundational to working effectively as a governing board. These agreements should be committed
to writing, referred to regularly and reviewed periodically. This level of clarity creates the conditions for the
smooth and effective functioning of the board, freeing the board to focus all of its energy on the most
critical matters facing the district.

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 Chapter 3: Governing Practices
Governance research identifies three major areas of effective school board practices, including improving
governance, focusing on the foundations of successful education reform, and using data.

Effective school boards focus on improving governance
Effective boards are intentional about developing their own capacity to govern through practices specifically designed to focus their attention on improving their board skills. These practices include board development and monitoring and evaluating board performance.
Board development
Board development can improve the board’s ability to work together successfully 28 and translate into more
effective leadership and governance.29 However, school board members—and newly elected board members in
particular—often receive little or no training for their governance work.30 Board development includes learning
about education trends and practices, but also focuses on learning about governance roles, knowledge and skills.31
When boards are better educated about the work of governing, they are more likely to form an effective team.32
Learning together about board roles has been identified as one of the key practices of boards in districts that
effectively advance student achievement.33 Similar findings are evident in governance research outside education.
Exceptional non-profit boards build learning opportunities into their regular governing activities both in and out of
the boardroom.34 These learnings ensure that board members are well informed about the organization and the
professionals working there, as well as the board’s own roles, responsibilities, and performance.35
Monitoring and evaluating board performance
School board researchers conclude that boards in successful districts create mechanisms for accountability
within and across the system,36 including holding themselves accountable.37 This is the second core aspect
of strengthening a board’s capacity to govern: to set governance performance targets, monitor performance toward those targets and conduct board evaluations. CSBA’s Professional Governance Standards
assert that an effective board periodically evaluates its own effectiveness. Eadie makes the point explicitly.
“every truly high-impact board I have ever worked with has played an active, formal role in
managing its own performance as a governing body, not only by taking accountability for
the board’s collective performance but also making sure that individual board members meet
well-defined performance targets.” 38
To sustain their focus on improving governance, boards must create protected time for their developmental
work and integrate these practices into the board calendar and meeting agendas.39 A fundamental aspect
of the board’s development is the effectiveness of its meetings. Boards can only perform their governance work at board meetings, where they have limited time and often extensive issues that require their
attention. So the effectiveness of these meetings is critical to effective governance. According to Donald
McAdams, founder of the Center for Reform of School Systems, public board meetings can influence
community perception about the district and its leadership. “Crisp, efficient, well-ordered meetings send
the signal that the board knows its business and is taking its stewardship of the schools seriously.” 40
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 Effective school boards focus on the foundations of successful reform
Research and literature on the effectiveness of school districts and boards reveals three core elements of
successful reforms that effective boards embrace as foundational to their change efforts: systems thinking,
a culture of continuous learning, and distributed leadership.
Systems thinking
K-12 school districts and county offices are complex organizations with many interacting parts. Changes
in any one part of the organization will have consequences, often unintended, in other parts of the institution. Embracing systems thinking means that boards are intentional about learning the dynamics of
the systems they govern and recognizing how changes will impact the entire organization.41 Approaching school governance with a systems thinking mindset includes the understanding that large, complex
systems are inherently resistant to change without careful planning and strong implementation.42 Because
the systems are complex, the changes cannot be isolated; “improvement doesn’t mean doing one thing
exceedingly well, it is doing many aligned things well.”43 This alignment is not theoretical, but experiential.
Systemic change requires support for the change in every school, with all elements of the system interconnected and involved, day after day.44
A culture of continuous learning
Boards maximize the performance of educators by creating a culture of continuous learning at all levels. In
the field of K-12 teacher professional development, professional learning communities (PLC) have gained
strong momentum and wide acceptance. One of the most important characteristics of PLC’s is focusing on
collective rather than individual development. The board, working with the superintendent, creates and
sustains this ongoing development through goals, policies and resource decisions that create dedicated
time and space for collaborative learning. This time is dedicated to collectively studying and addressing
classroom challenges in instruction and assessment.45 In a culture of high trust, it provides educators the
freedom and confidence to openly share mistakes and constructively analyze classroom practice.46 Building
this culture of continuous learning requires boards to understand the characteristics of quality professional
development and to invest in it through intentional changes in the allocation of people, time, and money.47
Distributed leadership
Boards and superintendents provide the top-level leadership that moves an education system towards
fulfilling its mission. Recent research has revealed the importance of expanding leadership throughout the
system. Capacity, accountability, and empowerment—giving adults as much power as possible to do their
work—are the foundation of any successfully theory of change.48 Others characterize this as a balance
between districtwide direction and building-level autonomy, extending the relationship between the board
and the superintendent to other district leaders, including central office staff, site principals and teacher
leaders. Other researchers have described this empowerment as defined autonomy—giving authority and
responsibility to principals within clear parameters for outcomes,49 or as a balance between system-wide
consistency and flexibility.50 This is also described as building instructional and leadership capacity systemically and is predicated on the belief that sustained improvement can only be achieved when all the
educators—principals and teachers together—are focused on improving learning.51

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 Effective school boards use data for their governing work
The use of data by boards is well-established. Research in the non-profit sector reveals that effective boards
are well informed about the institution and the professions that serve there.52 These boards are analytical
and embrace a culture of inquiry by seeking information and pushing back on assumptions and conclusions.53 Effective school boards also use data.
Data at the system level
School systems are complex and boards need a variety of data to have a complete picture of the system.
The kinds of data boards need includes district- and school-level student outcomes data, demographic
data, business operational data and perception data. Boards act strategically by not only focusing on the
district-level data, but through the board’s system-wide response to the data.
Data guides decision-making and accountability
The National School Boards Association’s framework of eight interrelated board actions that lead to
raising student achievement includes continuous improvement: “Good data empowers the board and
staff to refine, strengthen, modify, correct, and/or eliminate existing programs and practices to get better
results.”54 This is echoed in the Center for Public Education’s eight research-supported characteristics of
board effectiveness: “Effective boards are data savvy: they embrace and monitor data, even when the information is negative, and use it to drive continuous improvement.”55 The Lighthouse Study identified seven
areas of board performance that lead to improvements in student achievement, including using data to set
expectations, monitor improvement and apply pressure for accountability.56 The board, with the superintendent, works to reach agreement on what the data means qualitatively—the story behind the data. Boards
also determine which data will be used to share progress toward district goals.57
Data use guided by policy
Data collection and analysis is an intensive task, and not all data is worth gathering. The processes for the
use of data and data dashboards should be guided by board policy that clarifies its purpose, content, cycle
of review, and sample displays as exhibits to accompany the policy.58 Boards need to work with their superintendent to develop a clear and focused plan for collecting data that is necessary for monitoring district
performance, and provide sufficient funding for the data functions that the board requests.59

Summary
The research on effective K-12 school governance surfaces three practices of governance that are correlated with board effectiveness. First, effective school boards commit to improving their capacity to govern.
They create protected time for their developmental work and model the culture of continuous learning by
concentrating their efforts on learning about governance, setting performance targets, and monitoring
and evaluating their performance. Second, effective boards focus on the foundations of successful reform
of employing systems-thinking in their governance work, building a culture of continuous learning and
extending leadership for learning throughout the system. Finally, boards use data to make decisions and
monitor district performance. They study demographic, operational, outcome, and perception data. Boards
use this data to reach agreement on the relative strength of the district’s systems so they can set goals to
address areas where growth or improvement is desired.
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 Chapter 4: Governing Actions
Effective boards set direction
Non-profit sector governance research has established setting direction as a core board responsibility. Boards
establish a vision for organizational direction and help to ensure a strategic approach to the organization’s
future.60 This important work takes time and requires the board to align board meeting agendas to strategic
priorities.61 These research findings on non-profit boards translate well to the school board context: setting
direction is also a critical activity of effective school boards. Specifically, effective school boards:
•

make student learning a priority,

•

prioritize goals to ensure that the most important changes are addressed first, and

•

clarify expectations for outcomes.

Making student learning a high priority
School districts successful in raising student achievement have board members for whom improving
student learning is a high priority.62 Research on districts that successfully raised student achievement found
that board members were knowledgeable about learning conditions in the district, could articulate specific
initiatives that the district was implementing, and could clearly describe the work of staff related to the
goals.63 Other research has described the importance of the school board playing an active role in leading
innovation and change in order to raise student achievement.64 A 2012 report based on case studies of
thirteen large U.S. districts concluded that boards are most effective when their strategic role includes
setting high-level goals for improving student achievement.65 This focus on student learning is founded
on what board members believe about students. The ability of the board to have an explicit agenda for
student learning:
“rests, in part, on a fundamental belief that all children can learn. Where policymakers and
decision makers at all levels bring this to the table, there is a greater likelihood that the board
will act in the best interests of the young people served by the district.”66
Prioritizing goals
Setting priorities means deciding which goals matter most. If the top two most important changes require
most of the districts resources, then other changes, however desirable, will have to wait. Goals and priorities express the school organization’s core beliefs. Effective boards recognize that “mission, vision
and values are the bedrock upon which the board conceives and articulates change.”67 Effective boards
define clear goals to move the organization toward the vision.68 This focus on student learning also means
deciding what not to do and limiting administrative initiatives to those identified by the board as key priorities.69 The board needs to hone its focus in order to prevent goal-creep—the tendency of the district to
take on too many changes—and resist allocating precious resources to too many goals, thus underfunding
all of them.

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 Clarifying expectations for outcomes
A critical element of the board’s strategic direction work is setting clear expectations for results.70 The clarity
of these expectations is expressed through the data that the board will use to determine if they have been
met. Boards use data to define what must change and to measure if and to what extent change has been
achieved. In districts making significant progress in raising student achievement, board members received
a variety of information that allowed the board to identify student needs and to set goals based on the data.71

Effective boards align the system
Effective boards focus on systemic alignment to ensure that all aspects of district operations are pursuing the
same goals in a coherent manner. This alignment has two fundamental components: resources and policies.
Aligning resources
The importance of the district budget as a direction-setting tool cannot be overstated. Boards fund the changes
they seek by allocating resources for all the things that money pays for: buildings, technology, instructional
materials, services, and most importantly, people. Boards know that the largest percent of a district budget is
spent on salaries and benefits, often constituting more than 80% of all district expenses. Therefore, boards
need to ensure that the allocation of staff supports the district’s operations and aligns with the district’s priorities. For example, if establishing district partnerships with other organizations is a priority for the board as a
long-term strategic effort, that effort may require the dedicated time of key staff.72
A study of three Texas school boards characterized this alignment work as building efficacy—the power to
produce a desired effect. Specifically, school leaders committed a very high level of knowledge, skills, resources,
and support to change efforts. When responding to the challenge of limited resources, priority was given to using
funds in ways that most directly supported instruction.73 The importance of resource allocation is well stated by
Schmoker: “The key is to marry a priority on learning to an obsession with funding and the school calendar.”74
Aligning policies
The board’s strategic direction includes creating and improving district structures through policies that drive
district operations and performance. Effective school boards spend less time on operational issues and
more time focused on policies to improve student achievement.75 A majority of district policies are often
driven by changes in state law. These are usually brought to the board by the administration as recommendations to ensure the policy language remains consistent with the law. These polices might be considered
operational because they ensure stability and consistency in the district’s systems for learning, business
operations, transportation and facilities, and more.
However, boards can also create policies to drive change. These reform policies are proactive; they are
designed to make significant changes in the district.76 For example, in addition to setting a goal for establishing Professional Learning Communities (PLCs) the board could also develop a district policy that
establishes the purpose of PLCs in the district, expectations for teacher participation in PLCs, and how the
effectiveness of PLCs will be assessed.77 By placing the practice of PLCs in policy, the board elevates PLCs to
a higher level of strategic direction. In the Lighthouse study, board members in effective districts believed
that providing guidance for district improvement efforts in written policies would sustain the initiatives in
the event that key district leaders or board members left their positions.78
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 Ensuring accountability
The accountability expected from governing boards is commonly understood as monitoring organizational
performance and reporting results to stakeholders. In the non-profit sector, exceptional boards are results-oriented, measuring the effectiveness, efficiency and quality of programs and services.79 It has been suggested
that focusing directly on accountability does not create the incentive and intrinsic motivation that lead to
successful reform in K-12 school districts.80 However, this does not relieve boards of their statutory authority
and responsibility for oversight. K-12 school and governance research suggests three aspects of accountability
that can increase a school board’s effectiveness:
•

accountability as a framework

•

accountability as a cycle

•

accountability as shared responsibility

Accountability as a framework
Effective boards establish districtwide accountability systems to measure the performance of the board,
superintendent and the district:
•

Board performance: Effective boards hold themselves accountable,81 periodically evaluating their own
performance.82 Examples include regularly reviewing their governance functions, monitoring progress
toward board performance goals, and the evaluating the effectiveness of board meetings.

•

Superintendent evaluation: Holding the superintendent accountable for results is a critical practice of
effective boards.83 This process is often considered a board’s most important accountability tool. Unfortunately, it sometimes receives insufficient attention because boards either do not recognize its importance,
feel uncomfortable evaluating their superintendent, or do not feel competent to conduct the evaluation.
Three key elements of an effective process include 1) working with the superintendent to set very clear
performance targets, 2) monitoring performance regularly (not just annually), and 3) focusing the process
on improving performance as well as improving the board-superintendent relationship.

•

District performance: This includes monitoring improvements in student achievement and other district
goals, as well as the district’s operations and fiscal performance. Student achievement data should
include indicators for achievement (where are they now) and improvement (how far have they come).

In each of these areas, the school board has the ultimate authority and responsibility for establishing and monitoring key indicators of success.84 Specifically, effective boards use quantitative and qualitative data to: 1) set
expectations, 2) monitor improvement, and 3) apply pressure for accountability.85 Without clear expectations,
professional staff has no way of knowing which information will be considered most important by the board.86
Accountability as a cycle
Effective boards use the accountability framework not only to provide district oversight, but also to
organize their governing work. Accountability is not an annual event; it is an ongoing cycle of reporting
and review. Boards work with superintendents to determine how frequently data should be provided, and
these reports are embedded into the board’s regular meetings so that some accountability measures are
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 reported on a regular basis, if not at every meeting.87 To ensure board and community understanding,
these reports should be in consistent formats that are easy to understand.88
Accountability as shared responsibility
According to a 2011 study,89 community members have different views and definitions of accountability. Organizational leaders generally see accountability as primarily focused on using quantitative measures to improve performance and find technical solutions to problems. They believe that transparency is the basis of building community
trust in the organization. In contrast, members of the public describe accountability as individuals at all levels
behaving responsibly, ensuring fairness, acting honorably, listening to the public, and responding to public concerns
with courtesy and respect. They also described it as shared responsibility—they do not believe that educational
leaders bear the accountability burden alone. “They see it as a shared duty, and many seemed as frustrated by the
irresponsibility of neighbors and fellow citizens as they were by irresponsibility among the powers that be.”
A follow up study in 201390 concluded that the public believes that most schools should do better and that
some recent accountability reforms, including raising standards and education requirements, are good reforms.
The study also reported some parent perspectives on school accountability that boards should consider.
•

The critical role of parent accountability: Parents believe that their primary responsibility is to instill
the “values and habits of behavior that will help their children lead responsible and successful lives.”

•

The impact of the larger culture: Parents say that schools cannot be successful without greater social support.

•

The over-emphasis on testing: Parents indicated that testing needs “to be put in context with other
important elements of teaching and learning.”

•

The vital role of schools in communities: Parents strongly reject the strategy of closing schools as
ways to improve accountability.

•

The benefit of choice: Parents were not united in weighing the sometimes conflicting goals of giving
parents more choices or having good neighborhood schools everywhere.

•

Ongoing conversations: Good communication is the goal, not more data. Parents want two-way communication. More information may be valuable, but it does not ensure that communication is taking place.

These findings about accountability suggest that as boards develop district accountability structures, it is
important to engage parents and community members in determining how the district will demonstrate
good accountability and what that means.

Summary
Effective boards set direction by making student achievement a high priority, prioritizing all district improvement
efforts and clarifying the board’s expectations for performance. They align all district resources and policies to
ensure that the improvement efforts are supported. Effective boards also establish a comprehensive framework
for accountability that includes board, superintendent and district performance and they review accountability
results as a regular activity at board meetings. Finally, effective boards ensure that the district accountability
system involves and is responsive to the needs and interests of parents and community members.
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 Chapter 5: Engaging Community
Evolving context and perceptions of community engagement
As noted earlier, a decades long reduction in the number of school districts across the county increased
the relative number of constituents that boards are elected to represent. The populations of school districts
have increased significantly. Also, California communities are becoming increasingly diverse. More than
1.4 million English language learners made up 23% of California’s K-12 student population in 2010-11 and
there are about 60 different spoken languages in the schools. In addition, the rapidly growing access to
information and digital devices is impacting concepts and practices of community engagement while simultaneously creating a digital divide that must be bridged.
Recent research on community engagement and participative democracy offers valuable insights regarding
how community members value and perceive engagement efforts. A 2009 report suggests that at least
two critical elements of increasing engagement include maximizing the relevant and credible information
community members need and increasing their capacity to engage with information.91 However, data
alone does not always address people’s concerns, particularly if community members come to the table of
engagement with a history of skepticism or distrust. In addition, while many agree that public engagement
is essential to school improvement, a shared understanding of what that engagement should look like is
often lacking.92 Community engagement has to be a two-way conversation based upon a shared understanding of what the problems are. When conversations are framed thoughtfully, community participants
assert that K-12 education is important to them. They believe they have insights worth sharing and that
schools do not bear the responsibility for educating children alone.

Effective boards create clear community engagement processes
Effective boards clarify their expectations for community engagement through district policy.93 Information
is essential to effective engagement, and district and board leadership is essential to ensuring that these
discussions are respectful and productive.94 Researchers identify some common mistakes that districts and
boards make in stakeholder engagement. One is for leaders to assume that good works speak for themselves and as a result, to under-invest in community relations. Another is to communicate only in times of
need or crisis. Finally, approaches to stakeholder engagement are often limited and superficial.95
In contrast, research by the Public Education Network,96 a national organization working to improve public
schools and build citizen support for quality public education, identifies the characteristics of effective engagement between districts, boards, and community members. Such effective engagement is:
1.  Strategic: focusing on student achievement with enough specificity to give participants confidence that
the engagement will lead to real change.
2.  Systemic: ensuring participants understand the inter-connectedness and complexity of the school system.
3.  Structured: establishing processes that capture participants’ insights regarding outcomes and courses
of action, which can create momentum and lead to accountability.
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 4. Cyclical: ensuring engagement efforts are ongoing. An iterative process can provide continuous
support and pressure for implementing change.
Research conducted by Public Agenda, a nonprofit, nonpartisan organization dedicated to strengthening
democracy, identifies two key strategies that support such effective stakeholder engagement.97
1.

Provide consistent opportunities for meaningful dialogue.

This may include learning about community perceptions of previous attempts at communication and
reform. Information provided by the district in these conversations should be easy to access and understand. Districts should clarify who is responsible for receiving and responding to stakeholder inquiries and
ensure that outreach efforts include a wide range of constituents and a variety of approaches.
2. Invest more in existing resources.
(a)

Invest in teachers. Teachers are often underutilized for community outreach and communication.
Teachers can serve as the first point of contact for parents, students and community members.
They are often in the best position to build strong, individual relationships with stakeholders,
and to become a trusted source of information. For example, teachers of students who are not
proficient in English often have the language skills to communicate with non-English speaking
community members.

(b)

Work with community-based organizations. These organizations often have deep experience working with communities. If boards and districts can identify shared interests with local
community outreach organizations, the district may be able to increase its capacity for effective
engagement through partnerships.

(c)

Re-invigorate existing local school councils. In surveys, district staff and community organizers
agree that these councils are an under-used resource.

Effective boards use engagement processes to support school improvement
In effective districts, these processes for community engagement established by the board are the means
through which boards: 1) create a sense of urgency for district improvement; 2) encourage participation; 3)
develop partnerships; and 4) build civic capacity.
Effective boards create a sense of urgency
CSBA’s Professional Governance Standards98 assert that effective boards “provide community leadership on
educational issues and advocate on behalf of students and public education at the local, state and federal
levels.” In districts that successfully raise student achievement, boards take responsibility for informing the
local community about the status of student achievement, identifying problems, and offering a compelling
case for the urgent need for change. This role of sharing data that identifies problems and creates a sense
of urgency about the need for change can be a difficult shift for board members, who are accustomed to
building confidence in the school system by articulating its strengths and accomplishments.99

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 Research indicates that while data might highlight critical need, the sharing of data alone may not
garner support for change.100 Gaining support for district change requires building trust with parents and
community leaders, anchored in a shared concern for the children in their community.101 Beyond establishing the need for change, effective districts build consensus with stakeholders that the change will be a top
priority for the district and will focus on improving student achievement.102
Effective boards involve community in vision and planning
Effective boards create opportunities to hear the views of a diverse range of community members. These
opportunities, provided during regular board meetings as well as in other public venues, solicit stakeholder
input for the district’s vision,103 and long-range planning processes.104 Ensuring that these processes include
all community voices—particularly from community members who may not have been previously included
such as non-English speaking groups—can be challenging and may require complex processes.105 These
major efforts to gain community support are considered necessary for implementing district improvement.
In studies of districts that have made significant progress in raising student achievement, researchers found
that boards not only involved the community, they “believed in them as part of the larger team.”106
Effective boards build community partnerships
Establishing partnerships is identified as a key
activity of effective boards.107 Boards use district
policies to define roles and responsibilities for
community partnerships, establish expectations
for the participation of district leadership in
partnership efforts, and allocate resources to
support these efforts. Surveys reveal that schools
often construe partnerships too narrowly,
focusing on a limited range of student-centered
efforts. In addition, out of 817 partnerships
among 443 schools, 366 of these (45%) involved
for-profit local and national businesses. Each
of the other types of agencies accounted for
less than 10% of partnerships. (Figure 2). These
results indicate that schools have room to
broaden their efforts to include family-, schooland community-centered partnerships and to
widen their circle of potential partners.108

Fig. 2
Health care (68)

University/college
(77)

9%

Government &
military (62)
Service &
volunteer (49)

8%
8%
6%

Partner
organizations

6%
3%

45%

Small & large local businesses (366)

Faith-based
(47)

Senior
citizens
(25)
2% Cultural &
recreation
centers (20)

Effective boards build support and civic capacity
Building community support for the beliefs, commitments, and reform policies that the board has established to raise student achievement can help districts avoid the abandonment of reform efforts that can
follow transitions in board and district leadership.109 A 2012 study of boards supports this view: “the best
outcomes occur when both district leadership and voters understand that successful reform requires a
long-term commitment.” When the board, superintendent, and district as a whole reach an understanding
with the community about why reforms are needed, the progress being made toward reform goals, and
the importance of sustaining reform efforts—community members are more likely to identify potential can22

Governing to Achieve, August 2014   Christopher Maricle   California School Boards Association   www.csba.org

 didates who can sustain the reforms.110 A report by the Academic Development Institute recommends that
districts create “recruitment pipelines” that introduce stakeholders to board member responsibilities and
the role and work of the board.111 Effective and shared board self-evaluation processes contribute to these
efforts. When boards evaluate their performance and share the results, “it tends to attract the attention of
qualified board candidates.”112

Summary
Effective school boards build and maintain strong relationships in their local communities by clarifying
the purpose of community engagement, and ensuring that engagement processes are strategic, systemic,
structured and cyclical. Through the engagement process, effective boards build a sense of urgency for
reform, and involve stakeholders in establishing a vision and long-term plan. Effective boards also create
structures and processes for establishing and maintaining partnerships, and build the capacity of the
community to support district reform through transitions in leadership as well as to attract future leaders to
the work of school governance.

23

Governing to Achieve, August 2014   Christopher Maricle   California School Boards Association   www.csba.org

 Chapter 6: Discussion
Governing schools is hard work. Board oversight and decision-making is complicated, involving a great
deal of information, often at a very technical level. In addition, board members have a difficult task of
understanding and representing often extremely large and diverse groups, who differ in culture, language,
expectations and interests. Finally, boards have limited time; they can only act during board meetings and
the volume of work is considerable. Given the challenges, one of the most important decisions boards
make on a regular basis is how to spend their very limited time. This research synthesis confirms what we
have known about effective governance, reveals strategies for strengthening governance in the short- and
long-term, and highlights the importance of participating in future governance research.

Confirming what we know about governance
This synthesis of research supports several basic tenets of effective governance that have long been embedded in
governance training programs. Specifically, effective boards make governance agreements as the foundation of their
work (chapter 2); focus their governing work on three key kinds of decisions: setting direction, aligning the system
and ensuring accountability (chapter 4); and effectively engagement the local community. These are found in CSBA’s
training programs and in the literature of other state associations as well as the National School Boards Association.

Strengthening governance now
The research supports governance practices that have emerged more recently. Two of these are practices in
which boards can invest now to improve their effectiveness almost immediately.
Focus on increasing their capacity to govern is something boards can do tomorrow. By developing a
sense of mindfulness—being attentive to how well the board is fulfilling its governance commitments both
during and outside of meetings—board members become attuned to how deliberations on difficult issues
can lead the board to unintentionally violate those agreements, potentially damaging trust and respect
among members, and making difficult topics even more difficult.
Using data has been a growing practice for school boards for many years. However, as schools have
become more complex, the amount of data has multiplied. Without clarity for district staff on which data
is the most important to bring to the board, district staff often very naturally over-inform the board. They
can bring all the data. Boards can increase the focus and efficiency by working with the superintendent
to determine which data the board needs for its governing work. Once agreed upon, that data can be
formatted in easy to read layouts that can replace lengthy written reports. Because of the importance of
data for monitoring and setting direction, determining what data the board needs and how and when it
will be shared is high-leverage governing activity.
Developing the accountability framework has long been a core governance activity. Assembly Bill 97, signed
by Governor Brown on July 1, 2013, reinforced this board responsibility by requiring boards to adopt Local Control
Accountability Plans. Local boards have a historically unique opportunity to use those regulations as the
floor—not the ceiling—of accountability. Developing a comprehensive framework for local accountability can be a
powerful strategy for ensuring accountability and organizing the board’s governing work.
24

Governing to Achieve, August 2014   Christopher Maricle   California School Boards Association   www.csba.org

 Strengthening governance in the long term
Understanding the foundations of successful reform has been identified as an important attribute
of effective governance. In the research on effective school and district reform, boards are not expected
to have a level of understanding equal to that of the superintendent. But they do need to pass budgets
that fund these reforms. To do this, boards need to have a basic understanding of the research basis of
reforms—so that they can support them. If board members can reach agreement on the characteristics
of effective reform, it will make the adoption of goals and the adoption of budgets that fund those goals
easier. It will also increase the board’s ability to build a sense of urgency in the community, as well as
attract strategic partnerships and build civic capacity (see below).
Building partnerships is a high-level governing activity. Because they are elected—i.e., they have often run
a campaign—board members have political capital and influence. Board members can leverage this influence
to help establish and maintain district partnerships. Because they have fiduciary responsibilities, attracting
resources to the district fits well into their governance role. Boards create policies and allocate resources to
build partnerships which ideally are long-term, mutually beneficial, and support strategic district priorities.
Building civic capacity is a long-term strategic investment of board time and attention. Increasing
community understanding of long-term district efforts and of the board’s governing work can lead to
better informed citizens. So informed, the community can help identify and elect future board members
who will support and sustain the reforms and sustain effective governance practices.

Participation in future research
Everyone—board members, administrators, teachers, students, parents, and community members—benefit
when school boards govern effectively. The effectiveness of boards has been studied, but K-12 education
needs more and it cannot be done without board members. Research on K-12 governance and its effect on
student achievement necessarily draws upon student achievement data, board action, and board member
perception. Researchers need board members to participate in this research. Without the input of board
members, researchers will find it difficult, if not impossible, to identify correlations between board member
attitudes, preparation, or action and student achievement. Participating in school board research is a critical
long-term strategy for strengthening school board governance and protecting local control.

25

Governing to Achieve, August 2014   Christopher Maricle   California School Boards Association   www.csba.org

 Bibliography
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Adamson, M. (2011). Effective school board leadership and governance: The impact of training and continuous education on
self-perceptions of board competency. (Unpublished doctoral dissertation). Indiana Wesleyan University, Marion, IN.
Barber, B. (May 2004). Taking the public out of education. The School Administrator. Retrieved from
www.aasa.org/SchoolAdministratorArticle.aspx?id=14096
BoardSource. (2005). Twelve principles of governance that power exceptional boards. Washington, D.C.
Boyte, H. (2013). Reinventing citizenship as public work: Citizen-centered democracy and the empowerment gap, Kettering Foundation
Center for Strategic Education. (2011). Choosing the wrong drivers for whole system reform. East Melbourne, VIC: Fullan, M.
Center for Study of Teaching and Policy. (2006). Redefining school district governance. Seattle, WA: Plecki, M., McCleery, J., and
Knapp, M.
Center for Public Education. (2011). Eight characteristics of effective school boards. Alexandria, VA: Devarics, C.
Center on Innovation & Improvement. (2009). Exploring the pathway to rapid district reform. Lincoln, IL: Lane, B.
Delagardelle, M. (2008). The lighthouse inquiry: Examining the role of school board leadership in the improvement of student
achievement. In T. A. Editor, The future of school board governance: Relevancy and revelation (pp. 191-223) Lanham, MD: Rowan &
Littlefield Education
Eadie, D. (2006). The five habits of high impact school boards. Lanham, MD: Rowan & Littlefield Education
Educational Testing Service. (2007). America’s perfect storm: Three forces changing our nation’s future. Kirsch, I., Braun, H. & Yamamoto, K.
Gemberling, K., Smith J., & Villani, S. (2000). The key work of school boards guidebook. Alexandria, VA: National School Boards
Association
Institute for a Competitive Workforce. (2012). School board case studies. Rotherman, A. and Mead, S.
Iowa School Boards Association. (2000). The lighthouse inquiry: School board / superintendent team behaviors in school district with
extreme differences in student achievement. Delagardelle, M.
Jackson, D. & Holland, T. (1998). Measuring the effectiveness of nonprofit boards. Nonprofit and Voluntary Sector Quarterly, 27 (2),
159-182
Kettering Foundation. (2011). Don’t count us out: How an overreliance on accountability could undermine the public’s confidence in
schools, business, government, and more. Dayton, OH: Johnson, J., Rochkind, J, & DuPont, S.
Kettering Foundation. (2013). Will it be on the test? How leaders and parents think about accountability in public schools. Dayton,
OH: Johnson, J.
Kirst, M. (2008). The evolving role of school boards. In T.A. Editor, The future of school board governance: Relevancy and revelation.
(pp. 37-59). Rowan & Littlefield Education
Kowalski, T. (2008). School reform, civic engagement, and school board leadership. In T.A. Editor, The future of school board governance: Relevancy and revelation (pp. 225-243). Lanham, MD: Rowan & Littlefield Education.
Knight Commission on the Information Needs of Communities in a Democracy. Informing Communities: Sustaining Democracy in
the Digital Age. Washington, D.C.: The Aspen Institute, October 2009.
Lencioni, P. (2012). The advantage. San Francisco, CA: Jossey-Bass
McAdams, D. (2006). What school boards can do: Reform governance for urban schools. Columbia, NY: Teachers College Press
Marzano, R. (2003). What works in schools: Translating research into action. Alexandria, VA: Association for Supervision and Curriculum Development.
Mid-continent Research for Education and Learning. (2006). School leadership that works: Effect of superintendent leadership on
student achievement. Marzano, R., Waters, J.
Plough, B. (2011). School board governance and student achievement: School board members’ perceptions of their behaviors and
beliefs. (Unpublished doctoral dissertation). San Diego State University, San Diego, CA.

26

Governing to Achieve, August 2014   Christopher Maricle   California School Boards Association   www.csba.org

 Public Education Network. (2004). Taking responsibility: Using public engagement to reform our public schools. Washington, D.C.:
Miles, W. and Banks, D.
Public Agenda. (2012). Community responses to school reform in Chicago: Opportunities for local stakeholder engagement. New
York, NY.
Public Agenda. (2014). Joint Ventures: An experiment in community / professional co-framing in K-12 education. San Francisco, CA.
Reeves, D. (2000). Accountability in action: A blueprint for learning organizations. Denver, CO: Advanced Learning Press
Sanders, M. (2006). Building school-community partnerships: Collaboration for school success. Thousand Oaks, CA: Corwin Press.
Schmoker, M. (1999). Results: The key to continuous school improvement. Alexandria, VA: Association for Supervisions and Curriculum Development
The Charles A. Dana Center. (1999). Urgency, responsibility, efficacy: Preliminary findings of a study of high-performing Texas school
districts. Austin, TX: Ragland, M., Asera, R. and Johnson, J.
Thomas Fordham Foundation. (2014). Does school board leadership matter? Washington D.C: Shober, A. & Hartney, M.
Tyack D. (2003). Seeking common ground: Public schools in a diverse society. Cambridge, MA: Harvard University Press.
Van Clay, M. & Soldwedel, P. (2009). The school board field book. Bloomington, IN: Solution Tree Press
Washington State School Directors’ Association. (2008). Data dashboards for school directors: Using data for accountability and
student achievement. Olympia, WA: Lobdell, G.
Schools Interoperability Framework Association. (2009). What school boards need to know: Data conversations. Washington, DC:
Abbott, J.
WestEd. (2006). A review of research on district improvement. San Francisco, CA.

Endnotes
1 

California School Boards Association. (2000). Professional governance standards for school boards.

2 

Tyack D. (2003). Seeking common ground: Public schools in a diverse society. Cambridge, MA: Harvard University Press.

3 

Barber, B. (2004). Taking the public out of education. The School Administrator. Retrieved from www.aasa.org/SchoolAdministratorArticle.aspx?id=14096

4 

Boyte, H. (2013). Reinventing citizenship as public work: Citizen-centered democracy and the empowerment gap, Kettering
Foundation

5 

Kirst, M. (2008). The evolving role of school boards. In T.A. Editor, The future of school board governance: Relevancy and revelation. (pp. 37-59). Rowan & Littlefield Education

6 

Educational Testing Service. (2007). America’s perfect storm: Three forces changing our nation’s future. Kirsch, I., Braun, H. &
Yamamoto, K.

7 

California Department of Education www.cde.ca.gov/re/pn/fb/index.asp accesses on June 9, 2014.

8 

Kirst, M. (2008). (See endnote 5)

9 

Center for the Study of Teaching and Policy. (2006). Redefining school district governance. Seattle, WA: Plecki, M., McCleery,
J., and Knapp, M.

10  Van Clay, M. & Soldwedel, P. (2009). The school board field book. Bloomington, IN: Solution Tree Press
11  Kowalski, T. (2008). School reform, civic engagement, and school board leadership. In T.A. Editor, The future of school board
governance: Relevancy and revelation (pp. 225-243). Lanham, MD: Rowan & Littlefield Education.
12  Institute for a Competitive Workforce. (2012). School board case studies. Rotherman, A. and Mead, S.
13  Gemberling, K., Smith J., & Villani, S. (2000). The key work of school boards guidebook. Alexandria, VA: National School
Boards Association
14  Eadie, D. (2006). The five habits of high impact school boards. Lanham, MD: Rowan & Littlefield Education

27

Governing to Achieve, August 2014   Christopher Maricle   California School Boards Association   www.csba.org

 15  D
  elagardelle, M. (2008). The lighthouse inquiry: Examining the role of school board leadership in the improvement of student
achievement. In T. A. Editor, The future of school board governance: Relevancy and revelation. (pp. 191-223) Lanham, MD:
Rowan & Littlefield Education
16   California School Boards Association. (2000). (See endnote 1)
17   Delagardelle, M. (2008). (See endnote 15)
18  CSBA (2000). (See endnote 1)
19  McAdams, D. (2006). What school boards can do: Reform governance for urban schools. Columbia, NY: Teachers College Press
20  Center for the Study of Teaching and Policy. (2006). (See endnote 9)
21  Mid-continent Research for Education and Learning. (2006). School leadership that works: Effect of superintendent leadership
on student achievement. Marzano, R., Waters, J.
22  BoardSource. (2005). Twelve principles of governance that power exceptional boards. Washington, D.C.
23  Jackson, D. & Holland, T. (1998). Measuring the effectiveness of nonprofit boards. Nonprofit and Voluntary Sector Quarterly, 27
(2), 159-182
24  Institute for a Competitive Workforce. (2012). (See endnote 12)
25  Lencioni, P. (2012). The advantage. San Francisco, CA: Jossey-Bass
26  BoardSource. (2005). (See endnote 22)
27  McAdams, D. (2006). (See endnote 19)
28  Institute for a Competitive Workforce. (2012). (See endnote 12)
29  Adamson, M. (2011). Effective school board leadership and governance: The impact of training and continuous education on
self-perceptions of board competency. (Unpublished doctoral dissertation). Indiana Wesleyan University, Marion, IN.
30  Plough, B. (2011). School board governance and student achievement: School board members’ perceptions of their behaviors
and beliefs. (Unpublished doctoral dissertation). San Diego State University, San Diego, CA.
31  Center for the Study of Teaching and Policy. (2006). (See endnote 9)
32  Eadie, D. (2005). (See endnote 14)
33  Delagardelle, M. (2008). (See endnote 15)
34  BoardSource. (2005). (See endnote 22)
35  Jackson, D. & Holland, T. (1998). (See endnote 23)
36  Institute for a Competitive Workforce. (2012). (See endnote 12)
37  Delagardelle, M. (2008). (See endnote 15)
38  Eadie, D. (2006). (See endnote 14)
39  Academic Development Institute. (2013). The role of school boards in school accountability and transformation. Lincoln, IL:
Rhim, L.
40  McAdams, D. (2006). (See endnote 19)
41  National School Boards Association. (2000).
42  Van Clay, M. & Soldwedel, P. (2009). (See endnote 8)
43  McAdams, D. (2006). (See endnote 19)
44  Center for Strategic Education. (2011). Choosing the wrong drivers for whole system reform. East Melbourne, VIC: Fullan, M.
45  Center on Innovation & Improvement. (2009). Exploring the pathway to rapid district reform. Lincoln, IL: Lane, B.
46  Marzano, R. (2003). What works in schools: Translating research into action. Alexandria, VA: Association for Supervision and
Curriculum Development.
47  Delagardelle, M. (2008). (See endnote 15)
48   McAdams, D. (2006). (See endnote 19)

28

Governing to Achieve, August 2014   Christopher Maricle   California School Boards Association   www.csba.org

 49  Mid-Continent Regional Educational Laboratory. (2006). School district leadership that works: The effect of superintendent
leadership on student achievement. Denver, CO: Waters, J. & Marzano, R.
50  WestEd. (2006). A review of research on district improvement. San Francisco, CA.
51  Center on Innovation & Improvement. (2009). (See endnote 45)
52  Jackson, D. & Holland, T. (1998). (See endnote 23)
53  BoardSource. (2005). (See endnote 22)
54  National School Boards Association. (2000).
55  Center for Public Education. (2011). Eight characteristics of effective school boards. Alexandria, VA: Devarics, C.
56  Delagardelle, M. (2008). (See endnote 15)
57  Van Clay, M. & Soldwedel, P. (2009). (See endnote 10)
58  Washington State School Directors’ Association. (2008). Data dashboards for school directors: Using data for accountability
and student achievement. Olympia, WA: Lobdell, G.
59  Schools Interoperability Framework Association. (2009). What school boards need to know: Data conversations. Washington,
DC: Abbott, J.
60  Jackson, D. & Holland, T. (1998). (See endnote 23)
61  BoardSource. (2005). (See endnote 22)
62  Thomas Fordham Foundation. (2014). Does school board leadership matter? Washington D.C: Shober, A. & Hartney, M.
63  Iowa School Boards Association. (2000). The lighthouse inquiry: School board / superintendent team behaviors in school district
with extreme differences in student achievement. Delagardelle, M.
64  Eadie, D. (2005). (See endnote 14)
65  Institute for a Competitive Workforce. (2012). (See endnote 12)
66  Center for the Study of Teaching and Policy. (2006). (See endnote 9)
67  Van Clay, M. & Soldwedel, P. (2009). (See endnote 10)
68  Center for Public Education. (2011). Eight characteristics of effective school boards.
69  Van Clay, M. & Soldwedel, P. (2009). (See endnote 10)
70  Delagardelle, M. (2008). (See endnote 15)
71  Iowa School Boards Association. (2000).
72  Sanders, M. (2006). Building school-community partnerships: Collaboration for school success. Thousand Oaks, CA: Corwin
Press.
73  The Charles A. Dana Center. (1999). Urgency, responsibility, efficacy: Preliminary findings of a study of high-performing Texas
school districts. Austin, TX: Ragland, M., Asera, R. and Johnson, J.
74  Schmoker, M. (1999). Results: The key to continuous school improvement. Alexandria, VA: Association for Supervisions and
Curriculum Development
75  Center for Public Education. (2011). (See endnote 55)
76  McAdams, D. (2006). (See endnote 19)
77  For a sample, see Fresno Unified School District’s Board Policy 0300 Board – Professional Learning at http://www.fresno.k12.
ca.us/boardpolicies/fusd/displaypolicy/503382/0.htm
78  Delagardelle, M. (2008). (See endnote 15)
79  BoardSource. (2005). (See endnote 22)
80  Center for Strategic Education. (2011). (See endnote 44)
81  Delagardelle, M. (2008). (See endnote 15)
82  CSBA (2000). (See endnote 1)

29

Governing to Achieve, August 2014   Christopher Maricle   California School Boards Association   www.csba.org

 83  Institute for a Competitive Workforce. (2012). (See endnote 12)
84  Van Clay, M. & Soldwedel, P. (2009). (See endnote 10)
85  Delagardelle, M. (2008). (See endnote 15)
86  Reeves, D. (2000). Accountability in Action: A blueprint for learning organizations. Denver, CO: Advanced Learning Press
87  Reeves, D. (2000). (See endnote 86)
88  Gemberling, K. Smith, J. & Villani, S. (2000) (See endnote 13)
89  Kettering Foundation. (2011). Don’t count us out: How an overreliance on accountability could undermine the public’s confidence in schools, business, government, and more. Dayton, OH: Johnson, J., Rochkind, J, & DuPont, S.
90  Kettering Foundation. (2013). Will it be on the test? How leaders and parents think about accountability in public schools.
Dayton, OH: Johnson, J.
91  Knight Commission on the Information Needs of Communities in a Democracy. Informing communities: Sustaining democracy
in the digital age. Washington, D.C.: The Aspen Institute, October 2009.
92  Public Agenda. (2012). Community responses to school reform in Chicago: Opportunities for local stakeholder engagement.
New York, NY.
93  Kowalksi, T. (2008). (See endnote 11)
94  Public Agenda. (2014). Joint ventures: An experiment in community / professional co-framing in K-12 education. San Francisco, CA.
95  Eadie, D. (2005). (See endnote 14)
96  Public Education Network. (2004). Taking responsibility: Using public engagement to reform our public schools. Washington,
D.C.: Miles, W. and Banks, D.
97  Public Agenda. (2012). (See endnote 93)
98  California School Boards Association. (2000). (See endnote 1)
99  Delagardelle, M. (2008). (See endnote 15)
100  Center on Innovation & Improvement. (2009). (See endnote 45)
101  The Charles A. Dana Center. (1999). (See endnote 73)
102  WestEd. (2006). A review of research on district improvement. San Francisco, CA.
103  CSBA (2000).
104  Van Clay, M. & Soldwedel, P. (2009). (See endnote10)
105  Center the for Study of Teaching and Policy. (2006). (See endnote 9)
106  Iowa Association of School Boards. (2001). (See endnote 63)
107  Gemberling, K. Smith, J. & Villani, S. (2000). (See endnote 13)
108  Sanders, M. (2006). Building school-community partnerships: Collaboration for school success. Thousand Oaks, CA: Corwin
Press.
109  McAdams, D. (2006). (See endnote 19)
110  Institute for a Competitive Workforce. (2012). (See endnote 12)
111  Academic Development Institute. (2013). (See endnote 39)
112  Eadie, D. (2005). (See endnote 14)

30

Governing to Achieve, August 2014   Christopher Maricle   California School Boards Association   www.csba.org

 Contact Information

Superintendent Direct Reports 2018/19
Name
Arias, Miguel

Title
Chief
Communications
Officer

Office
457-3653

Chavez, David

Chief of Staff

457-3566

2nd Flr

Idsvoog, Paul

Chief Human
Resources/Labor
Relations Officer

457-3593

1st Flr

Administrative
Analyst

457-3657

2nd Flr

McCulley, Wendy

Executive Director
African American
Academic
Acceleration

457-3749

2nd Flr

Gloria Jenkins
457-3728

Madden, Kurt

Chief Technology
Officer

457-6228

Basement

Steffanie Richmond
457-6245

Mecum, Kim

Chief Academic
Officer

457-3569

3rd Flr

Donna Noceti
457-3731

Quinto, Ruthie

Chief Financial
Officer/Deputy
Superintendent

457-6225

1st Flr

Sharon McGinnis
457-6226

Sanders, Lindsay

Chief Equity and
Access Officer

457-3471

Basement

Luz Becerra
73958

Temple, Karin

Chief Operational
Services Officer

457-3134

Brawley

Ruth Perez
73134

Jensen, Patrick

Cell

Location
2nd Flr

Assistant/Phone
Joanne Hernandez
457-3733

Melissa Beltran
457-3548

 Board of Education
Brooke Ashjian   

   Claudia Cazares  

  Valerie F. Davis (Clerk)   

    Christopher De La Cerda  

David Chavez
Chief of Staff

   Lindsay Cal Johnson

Robert G. Nelson
Superintendent

Alex Belanger
Assistant 
Superintendent
Facilities Management 
and Planning
 Jason Duke
Executive Director
Maintenance & 
Operations 
Paul Rosencrans
 Executive Director
Purchasing
 Jose Alvarado
Director
Food Services 
 Reginald Ruben
Director
Transportation 

 Ruth F. Quinto
Deputy Superintendent/
Chief Financial Officer
Administrative
 Services 
 Andrew DeLaTorre
Executive Director
Benefits & Risk 
Management 

Katie Russell (Lead)
Instructional 
Superintendent
Secondary Schools

 Kimberly Collins
Administrator
Human Resources/
Labor Relations

Misty Her
Instructional 
Superintendent
School Leadership

Kim Kelstrom
Executive Officer
Fiscal Services

  Giovanna Difilippo
Administrator
Human Resources/
Labor Relations

Ed Gomes
Instructional 
Superintendent
School Leadership

Steven Shubin
Executive Director
Fiscal Services

  Maria Mazzoni
Administrator
Human Resources/
Labor Relations

Brian Wall
Instructional 
Superintendent
School Leadership

Manjit Atwal
Executive Director
Human Resources/
Labor Relations

Yolanda Jimenez‐Ruiz
Administrator
Alternative Education

Lisa Harrington
Director
Human Resources/
Labor Relations

Holland Locker
Assistant 
Superintendent
School Operations

Santino Danisi
Executive Officer
State and Federal

Eugene Trofimenko
Director
Fiscal Services
LeAnn Nowlin
Director
Fiscal Services

Bryan Wells
Executive Officer

Vacant
Principal on Special 
Assignment

ORGANIZATIONAL CHART
Effective 2018/19 School Year

Miguel Arias
Chief Information Officer

 Kim Mecum
Chief Academic Officer
School Leadership

 Paul Idsvoog
Chief
Human Resources/
Labor Relations
Brian Christensen
Administrator
Human Resources/
Labor Relations

    Carol Mills, J.D.

Zuleica Murillo
Executive Director
Family & 
Community Services

 Teresa Plascencia
Executive Director
Constituent Services 

 Karin Temple
Chief Operations Officer
Operational Services 

    Elizabeth Jonasson Rosas (President)  

Selma Gonzales
Director
School Leadership

Lindsay Sanders
Chief
Equity and Access

Melissa Dutra
Instructional 
Superintendent
Curriculum & 
Instruction

 Andre Pecina
Executive Director
Maria Maldonado
Assistant 
Superintendent
English Learner 
Services
Brian Beck
Assistant 
Superintendent
Special Education

Deanna Mathies 
Executive 
Officer
Early Learning
Sally Fowler
Executive Officer
College & Career

Jane Banks
Director
Health Services

Kristen Boroski
Director
College & Career

Adrian Varanini
Director
Special Education

Heather Allen
Executive Director
College & Career

Ambra Dorsey
Executive Director 
Prevention & 
Intervention

Connie Cha
Director
College & Career

Caine Christensen
Director
Prevention & 
Intervention
Rita Baharian
Director
Prevention & 
Intervention

Vacant
 Director
College & Career

Leslie Worton
Administrator
Innovative 
Professional Learning
Teresa Morales‐Young
Administrator
Professional 
Development 
Julie Severns
Administrator
Leadership 
Development
 Tamara Neely 
Director 
Leadership 
Development 
Tiffany Hill
Administrator
Curriculum & 
Instruction
 Karen Walker
Director
Instructional Services 

Kurt Madden
Chief Technology
Officer
Technology Services

David Jansen
Executive Officer
Accountability and 
Improvement 

 Philip Neufeld
Executive Officer
Technology Services

Andrew Scherrer
Executive Director
Equity and Access

Tami Lundberg
Executive Director
Technology Services

Kristi Olivares
Director
Equity and Access

Wendy McCulley
Executive Director
Chief Academic Office

Kimberly Hendricks‐ Brown
Principal II Special 
Assignment 

 Local Control Funding Formula

6

Local Control Funding Formula (LCFF)

BASE
GRANTS
LCFF Provides a base grant,
which funds basic educational
costs, such as teacher salaries,
retirement costs, instructional
materials, etc.

SUPPLEMENTAL
GRANTS

CONCENTRATION
GRANTS

LCFF provides additional grants
which equate to 20% above the base
grant for students living in
disadvantaged circumstances
including; English learners, foster
youth and students living in poverty.

In districts where at least 55% of
students are disadvantaged, LCFF
provides an additional grant which
equates to 50% above base
funding.

These funds must be used to increase
or improve services

These funds must also be spent to
increase or improve services

 7

Local Control Funding Formula (LCFF)
What is the Local Control Funding Formula?

LCFF started in 2013/14 – Determines school funding levels in California

Example
Calculation

Students

Funding
Amount

Total
Revenue

Base Revenue

67,000

$8,000

$536,000,000

Supplemental Revenue – Additional 20% of Base Revenue
90% UPP * 67,000 students = 60,300

60,300

$1,600

$96,480,000

23,450

$4,000

$93,800,000

Based on 3 sources:

Concentration Revenue – Additional 50% of Base Revenue
90% UPP – 55% base UPP = 35% *67,000 students = 23,450

Total LCFF Revenue

$726,280,000

Important Note: To simplify for this illustration, other “factors” used in the calculation such as grade span, class
size reduction, career technical education and other funding components are not shown here.

 Constituent Services

Fresno USD   9000   BB 9002 Board Bylaws
Constituent Service
Purpose
The purpose of this policy is to define standards and outline processes for Governing Board
member service to constituents. The Board members role in appropriate constituent service is to
facilitate managements ability to resolve problems effectively without becoming personally
involved in solving problems or handling management issues.
This policy sets forth standards and describes processes. It is the intention of the Board to meet
these standards and follow these processes.
Governance Standards
The Board and individual Board members will observe professional governance standards in their
constituent service and interaction with district management.
(cf. 9005 - Governance Standards)
Definitions of Constituent Service
As elected officials and trustees acting on behalf of the public, Board members have an obligation
to outreach, listen, and be accessible to the public and assist citizens with suggestions, questions
or complaints regarding the district.
Constituent service is defined as ensuring that management takes responsibility for helping
citizens receive the services the state and Board intend. Board members ensure this by following
a defined and public process that facilitates managements ability to respond to questions in a
timely manner, resolve problems effectively, and identify opportunities for improvement.
To guarantee fairness and equity, Board members further recognize their obligation not to confer
special advantage on employees, parents, students, vendors or any person or entity outside regular
management decision-making processes established by policy or management directive.
Systems for Constituent Service
Recognizing the need to provide service to constituents, the need of Board members to be
answerable to constituents, and the need to improve district systems, the Board and
Superintendent will develop a system for constituent service with the following components:
A protocol for handling constituent requests for information or assistance
A primary contact person in the board services office to whom board members will refer
constituent service requests
A form for the primary contact person to document constituent service requests

 An information management system for storing, tracking, categorizing, and analyzing requests
A feedback process so that Board members know the resolution of requests
System oversight personnel to keep the Superintendent informed of priority requests that require
his/her attention
Quarterly written reports to the Superintendent and Board regarding constituent service request
trends, patterns and system improvements
Bylaw FRESNO UNIFIED SCHOOL DISTRICT
adopted: April 25, 2007 Fresno, California

 
Fresno Uni?ed
School District

 

Constitue ntServices O??ice

2

Creation of the CSO

 In

April 2007 based on the work with Center
for Reform of School Systems (CRSS) the Board
of Education established the Constituent
Services Policy which led to the creation of our
office

 3

Constituent Services Mission

Board Bylaw 9002 – Constituent Services (April 25, 2007)
“Constituent service is defined as ensuring that management takes
responsibility for helping citizens receive the services the state and
Board intend. Board members ensure this by following a defined
and public process that facilitates managements ability to respond
to questions in a timely manner, resolve problems effectively, and
identify opportunities for improvement.”

 3

CSO Services
Facilitate Complaint Resolution
Address Requests for Information & Services
Support School Sites and Departments
Process of Board Policies Revision &
Review
Facilitate Williams Act, OCR, Audits &
Compliance Reviews
Identify, Track, & Report Trends

 5

Contact Information
Constituent Services Office
2309 Tulare Street
Fresno, CA 93721
Phone: (559) 457-3736

Ivan Flores, Ombudsperson
Ivan.Flores@fresnounified.org
Xee Yang, Manager III
Xee.Yang@fresnounified.org
Teresa Plascencia, Executive Director
Teresa.Plascencia@fresnounified.org

 Trustee Areas

F R E S N O   U N I F I E D   S C H O O L   D I S T R I C T
B O A R D   O F   E D U C A T I O N

E Herndon Ave
E Herndon Ave
E Herndon Ave
E Herndon Ave
E Herndon Ave
E Herndon Ave

W Herndon Ave
W Herndon Ave
W Herndon Ave
W Herndon Ave
W Herndon Ave
W Herndon Ave

N Chestnut Ave
N Chestnut Ave
N Chestnut Ave
N Chestnut Ave
N Chestnut Ave
N Chestnut Ave

E Bullard Ave
E Bullard Ave
E Bullard Ave
E Bullard Ave
E Bullard Ave

N Blackstone Ave
N Blackstone Ave
N Blackstone Ave
N Blackstone Ave
N Blackstone Ave

 BROOKE ASHJIAN 
 TRUSTEE AREA # 7 

Willow Ave
Willow Ave
Willow Ave
Willow Ave
Willow Ave

 CLAUDIA CAZARES 
 TRUSTEE AREA # 6 

W Shaw Ave
W Shaw Ave
W Shaw Ave
W Shaw Ave
W Shaw Ave
W Shaw Ave
N
NN
N    S  SS
NN
SSSaaaaaannn
nnnttttattaa
aaa    FF  FFFFeee
eee    AA  AAAA
vvvvvveee
eee

E Ashlan Ave
E Ashlan Ave
E Ashlan Ave
E Ashlan Ave
E Ashlan Ave
E Ashlan Ave
Minnewawa Ave
Minnewawa Ave
Minnewawa Ave
Minnewawa Ave
Minnewawa Ave
Minnewawa Ave

E Ashlan Ave
E Ashlan Ave
E Ashlan Ave
E Ashlan Ave
E Ashlan Ave

E Shields Ave
E Shields Ave
E Shields Ave
E Shields Ave
E Shields Ave

E Clinton Ave
E Clinton Ave
E Clinton Ave
E Clinton Ave
E Clinton Ave
E Clinton Ave
N Fresno St
N Fresno St
N Fresno St
N Fresno St
N Fresno St
N Fresno St

E Mckinley Ave
E Mckinley Ave
E Mckinley Ave
E Mckinley Ave
E Mckinley Ave

N 1st St
N 1st St
N 1st St
N 1st St
N 1st St
N 1st St

 ELIZABETH JONASSON ROSAS 
 TRUSTEE AREA # 2 

N Maple Ave
N Maple Ave
N Maple Ave
N Maple Ave
N Maple Ave
N Maple Ave

N Van Ness Ave
N Van Ness Ave
N Van Ness Ave
N Van Ness Ave
N Van Ness Ave
N Van Ness Ave

N Maroa Ave
N Maroa Ave
N Maroa Ave
N Maroa Ave
N Maroa Ave
N Maroa Ave

 CHRISTOPHER DE LA CERDA 
 TRUSTEE AREA # 4 

W Belmont Ave
W Belmont Ave
W Belmont Ave
W Belmont Ave
W Belmont Ave
W Belmont Ave

E Washington Ave
E Washington Ave
E Washington Ave
E Washington Ave
E Washington Ave
E Washington Ave

S Orange Ave
S Orange Ave
S Orange Ave
S Orange Ave

S Cedar Ave
S Cedar Ave
S Cedar Ave
S Cedar Ave
S Cedar Ave
S Cedar Ave

E Church Ave
E Church Ave
E Church Ave
E Church Ave
E Church Ave

E Jensen Ave
E Jensen Ave
E Jensen Ave
E Jensen Ave
E Jensen Ave

S Chestnut Ave
S Chestnut Ave
S Chestnut Ave

S Maple Ave
S Maple Ave
S Maple Ave
S Maple Ave
S Maple Ave

E Jensen Ave
E Jensen Ave
E Jensen Ave
E Jensen Ave
E Jensen Ave
E Jensen Ave

E North Ave
E North Ave
E North Ave
E North Ave
E North Ave

APPROVED AT THE DECEMBER 14, 2011 BOARD OF EDUCATION MEETING

 VALERIE DAVIS 
 TRUSTEE AREA # 3 

E Butler Ave
E Butler Ave
E Butler Ave
E Butler Ave
E Butler Ave

S East Ave
S East Ave
S East Ave
S East Ave
S East Ave
S East Ave

Church Ave
Church Ave
Church Ave
Church Ave
Church Ave

Martin L King Jr Blvd
Martin L King Jr Blvd
Martin L King Jr Blvd
Martin L King Jr Blvd
Martin L King Jr Blvd
Martin L King Jr Blvd

 LINDSAY CAL JOHNSON 
 TRUSTEE AREA # 1 

S Fowler Ave
S Fowler Ave
S Fowler Ave
S Fowler Ave
S Fowler Ave
S Fowler Ave

yon Rd
yon
yon
 Rd
 Rd
Canyon
Can
Can
ngs Can
ngs 
ngs 
yon
yon
E Kings 
E Ki
E Ki
Can
Can
ngs 
ngs 
E Ki
E Ki
E Ki

State Hwy 180 W
State Hwy 180 W
State Hwy 180 W
State Hwy 180 W
State Hwy 180 W

S Hughes Ave
S Hughes Ave
S Hughes Ave
S Hughes Ave
S Hughes Ave

N Brawley Ave
N Brawley Ave
N Brawley Ave
N Brawley Ave
N Brawley Ave
N Brawley Ave

N Bond Ave
N Bond Ave
N Bond Ave
N Bond Ave
N Bond Ave
N Bond Ave

E Holland Ave
E Holland Ave
E Holland Ave
E Holland Ave
E Holland Ave
E Holland Ave

N West Ave
N West Ave
N West Ave
N West Ave
N West Ave
N West Ave
N Marks Ave
N Marks Ave
N Marks Ave
N Marks Ave
N Marks Ave
N Marks Ave

  99 999999999
wwwyyyyyy   
  H HHwww
ttetee  H HH
ttaataaaattetee
SSSSSSttt

N Feland Ave
N Feland Ave
N Feland Ave
N Feland Ave

E Gettysburg Ave
E Gettysburg Ave
E Gettysburg Ave
E Gettysburg Ave
E Gettysburg Ave

 CAROL MILLS 
 TRUSTEE AREA # 5 

W Olive Ave
W Olive Ave
W Olive Ave
W Olive Ave
W Olive Ave

Peach Ave
Peach Ave
Peach Ave

W Shaw Ave
W Shaw Ave
W Shaw Ave
W Shaw Ave
W Shaw Ave

N Clovis Ave
N Clovis Ave
N Clovis Ave
N Clovis Ave
N Clovis Ave
N Clovis Ave

N Cornelia Ave
N Cornelia Ave
N Cornelia Ave
N Cornelia Ave
N Cornelia Ave
N Cornelia Ave

N Van Ness Blvd
N Van Ness Blvd
N Van Ness Blvd
N Van Ness Blvd
N Van Ness Blvd
N Van Ness Blvd

N Blythe Ave
N Blythe Ave
N Blythe Ave
N Blythe Ave
N Blythe Ave

T R U S T E E   A R E A S

 BOARD OF EDUCATION TRUSTEE AREAS
AREA 1

AREA 2

AREA 3

AREA 4

AREA 5

AREA 6

AREA 7

TRUSTEE

TRUSTEE

TRUSTEE

TRUSTEE

TRUSTEE

TRUSTEE

TRUSTEE

LINDSAY CAL JOHNSON

ELIZABETH JONASSON ROSAS

VALERIE DAVIS

CHRISTOPHER DE LA CERDA

CAROL MILLS

CLAUDIA CAZARES

BROOKE ASHJIAN

CALWA ELEMENTARY
CHAVEZ ADULT SCHOOL
COLUMBIA ELEMENTARY
COMPUTECH MIDDLE
EDISON HIGH
GASTON MIDDLE
JEFFERSON ELEMENTARY
KING ELEMENTARY
KIRK ELEMENTARY
LINCOLN ELEMENTARY
LOWELL ELEMENTARY
MUIR ELEMENTARY
SUNSET ELEMENTARY

ANTHONY ELEMENTARY
BURROUGHS ELEMENTARY
EWING ELEMENTARY
HIDALGO ELEMENTARY
J.E. YOUNG ACADEMIC CENTER
JACKSON ELEMENTARY
LANE ELEMENTARY
LEAVENWORTH ELEMENTARY
MAYFAIR ELEMENTARY
ROOSEVELT HIGH
ROWELL ELEMENTARY
SEQUOIA MIDDLE
TEHIPITE MIDDLE
VANG PAO ELEMENTARY
WEBSTER ELEMENTARY
WINCHELL ELEMENTARY
YOKOMI ELEMENTARY
YOSEMITE MIDDLE

AYER ELEMENTARY
AYNESWORTH ELEMENTARY
BAKMAN ELEMENTARY
BALDERAS ELEMENTARY
CAMBRIDGE CONTINUATION
EASTERBY ELEMENTARY
GREENBERG ELEMENTARY
KINGS CANYON MIDDLE
OLMOS ELEMENTARY
PHOENIX SECONDARY
STOREY ELEMENTARY
SUNNYSIDE HIGH
TERRONEZ MIDDLE
TURNER ELEMENTARY

TRUSTEE AREAS APPROVED AT DECEMBER 14, 2011 BOARD OF EDUCATION MEETING

ADDICOTT
BIRNEY ELEMENTARY
CENTENNIAL ELEMENTARY
DEL MAR ELEMENTARY
DESIGN SCIENCE HIGH
DUNCAN POLYTECHNICAL HIGH
ERICSON ELEMENTARY
FORT MILLER MIDDLE
FULTON SCHOOL
HEATON ELEMENTARY
MANCHESTER GATE
MCLANE HIGH
NORSEMAN ELEMENTARY
PATIÑO HIGH SCHOOL
PYLE ELEMENTARY
SCANDINAVIAN MIDDLE
WISHON ELEMENTARY

ADDAMS ELEMENTARY
COOPER ACADEMY
DEWOLF CONTINUATION
FREMONT ELEMENTARY
FRESNO HIGH
HAMILTON K‐8
HOMAN ELEMENTARY
PHOENIX ACADEMY
ROEDING ELEMENTARY
SLATER ELEMENTARY
WILLIAMS ELEMENTARY
WILSON ELEMENTARY

AHWAHNEE MIDDLE
EATON ELEMENTARY
HOLLAND ELEMENTARY
HOOVER HIGH
MCCARDLE ELEMENTARY
ROBINSON ELEMENTARY
THOMAS ELEMENTARY
TIOGA MIDDLE
VIKING ELEMENTARY
VINLAND ELEMENTARY
WOLTERS ELEMENTARY

BAIRD MIDDLE
BULLARD HIGH
BULLARD TALENT K‐8
FIGARDEN ELEMENTARY
FORKNER ELEMENTARY
GIBSON ELEMENTARY
KRATT ELEMENTARY
LAWLESS ELEMENTARY
MALLOCH ELEMENTARY
POWERS‐GINSBURG ELEMENTARY
RATA
STARR ELEMENTARY
TENAYA MIDDLE
WAWONA MIDDLE

 EXHIBIT 6

Fresno USD 1 9000 BB 9000 Board Bylaws

Role Of The Board (Powers And Responsibilities)

The Governing Board is elected by the community to provide leadership and citizen oversight of
the district's schools. The Board shall work with the Superintendent to fulfill its major roles,
which include:

1. Establishing a long?term vision for the district

2. Establishing and maintaining a basic organizational structure for the district, including
employment of the Superintendent and adoption of policies, curriculum, the budget and the

collective bargaining agreement

3. Ensuring accountability to the local community, including personnel, programmatic and ?scal
accountability and service as a judicial and appeals body as needed

4. Providing community leadership and advocacy at the local, state and national levels on behalf
of children, district programs and public education

The Board is authorized to establish and ?nance any program or activity that is not in con?ict
with, inconsistent with, or preempted by law. (Education Code 35160)

The Board may delegate any of its duties to the Superintendent or designee but shall be ultimately
responsible for the performance of any duties it delegates. (Education Code 35161 

(of. 2120 - Superintendent of Schools)

(cf. 2210 Administrative Leeway in Absence of Governing Board Policy)

Vision

The Board shall set the direction for the district by adopting a vision statement which de?nes the
district's goals and priorities. The Board shall carry out its vision-setting role by identifying the
and needs of the district, developing and adopting a process for framing the vision,

soliciting staff and community input as appropriate, ensuring that the adopted Vision statement is
implemented, and conducting a periodic review of the vision.

(of. 0100 - Philosophy)

(cf. 0200 Goals for the School District)

Superintendent Selection and Evaluation

The Board shall be solely responsible for employing the Superintendent and ensuring that he/ she
is the best match for the district based on needed abilities, traits and level of knowledge. When
selecting a new Superintendent, the Board shall ensure a smooth transition period; evaluate the

district's current and long-term needs; plan and conduct a process for recruitment, screening and
selection; and approve the Superintendent's employment contract. The Board shall yearly

evaluate the Superintendent based on an evaluation system and performance objectives
established by the Board and Superintendent.

(of. 2121 Superintendent's Contract)

(cf. 2122 Superintendent of Schools: Responsibilities and Duties)

(cf. 2123 Evaluation of the Superintendent)

Policy Adoption and Monitoring

The Board shall govern the schools by adopting policies that re?ect the district's vision and the
mandates of law. The Board shall establish a clear policy development process through which it
may deliberate on issues, identify priorities, assign responsibilities, identify goals and courses of
action, and review policy decisions.

The Board shall also adopt bylaws that promote cooperation, trust and teamwork among its
members, give parameters to the Board's operation as a governing body, and ensure that its
meetings proceed ef?ciently and in compliance with law.

(cf. 9200 Members)

(of. 9300 Governance)

(of. 9311 - Board Policies)

(cf. 9312 - Board Bylaws)

(cf. 9323 Meeting Conduct)

(cf. 9400 - Board Self?Evaluation)

Curriculum Adoption and Program Accountability

While the design and implementation of curriculum is primarily a staff responsibility, the Board's
role is to adopt overall educational goals and

standards, de?ne the curriculum development process, specify graduation requirements, adopt the
developed curriculum and ensure compliance with state and federal laws.

To ensure accountability to the community, the Board shall establish measurable benchmarks to
assess the effectiveness of the district's educational programs in producing desired student
achievement results. Based on these assessments, the Board shall direct the Superintendent or
designee to take corrective actions as needed.

(cf. 0420.5 School?Based Decision Making)

(cf. 6010 Goals and Objectives)

(cf. 6011 Academic Standards)

(of. 6141 Curriculum Development and Evaluation)

(cf. 6146.1 High School Graduation Requirements/Standards of Pro?ciency)

(cf. 6146.5 Elementary School Promotion/Standards of Pro?ciency)

(cf. 6162.5 Student Assessment)

(cf. 6190 Evaluation of the Instructional Program)

Budget, Facilities and Fiscal Accountability

The Board shall adopt a sound, responsible budget that supports district goals and priorities. To
guide the Superintendent or designee in development of the budget, the Board shall establish a
budget calendar, budget process and spending priorities.

Recognizing that school facilities are a long?term obligation that impacts district budgets, the
Board shall also ensure that a plan is in place to address the district's facility needs, including the
funding, construction and maintenance of school facilities. The Board shall approve facility sites,
funding sources and architectural and construction contracts.

The Board recognizes that it is accountable to the community for its budget and facilities
decisions and for the district's ?scal integrity. The Board shall use accountability systems and
processes in order to monitor the district's ?scal health.

(of. 3000 Concepts and Roles)

(cf. 3100 Budget)

(of. 3312 - Contracts)

(cf. 3460 Financial Reports and Accountability)

(cf. 7110 Facilities Master Plan)

(cf. 7140 Architectural and Engineering Services)

(of. 7150 Site Selection and Development)

(cf. 7210 Facilities Financing)

Collective Bargaining

The Board is the legal representative of the district in negotiations with employee representatives.
In carrying out the collective bargaining process, the Board shall set goals and guidelines for

collective bargaining, approve the selection of the bargaining team, maintain communications
throughout the process and approve the negotiated contract.

(cf. - Collective Bargaining Agreement)

(cf. 4143/4243 Negotiations/Consultation)

Judicial and Appeals Body

In addition to establishing complaint procedures that ensure due process and facilitate the
satisfactory resolution of issues, the Board may convene to serve as a judicial and appeals body in
accordance with law, Board policies and negotiated agreements. The Board may delegate fact?
?nding or hearing responsibilities in appropriate cases but remains the ?nal decision?maker in
these proceedings.

(cf. - Complaints Concerning the Schools)

(cf. Complaints Concerning Discrimination in Employment)

(cf. 4% - Personnel Reduction)

(cf. Dismissal)

(cf. 4144/4244/4344 - Complaints)

(cf. Action)

(cf. ?331.; - Personnel Reduction)

(cf. Intradistrict Open Enrollment)

(cf. 51?12 lnterdistrict Attendance)

(cf. 51,12 Students Expelled from Other Districts)

(cf. Challenging Student Records)

(cf. Suspension and Expulsion/Due Process)

(cf. - Procedural Safeguards and Complaints for Special Education)

(of. Identi?cation and Education under Section 504)

Community Leadership

Recognizing that the level of local, state and national support for education impacts the Board's
ability to ful?ll its responsibilities, the Board shall engage in advocacy on behalf of district

schools. The Board shall ensure that the district has the capability to respond to emergency issues
as well as a proactive communications plan for issues that are district priorities.

The Board shall also build and maintain community support by actively involving
parents/ guardians, business and other community members in the schools and informing them
about distiict programs, policies and issues.

(of. Media Relations)

(cf. l_1_6_0 - Political Processes)

(cf. - Relations between Other Governmental Agencies and the Schools)
(cf. L700 Relations between Private Industry and the Schools)

(cf. 2010 Public Statements)

Legal Reference:

EDUCATION CODE

i304 Duties of governing board (re school district elections)

grog-w Authority to participate in federal programs

im-mgg Board duties re property maintenance and control

Implementation of authority of local agencies

m0 District name

Control of district; prescription and enforcement of rules

Of?cers and agents

Egg?? Governing boards, especially:

mug-3535; Powers and duties

1522 Rules

Bylaw FRESNO UNIFIED SCHOOL DISTRICT

adopted: September 26, 1991 Fresno, California

revised: January 30, 1997

revised: January 12, 2000

EXHIBIT 7

Fresno USDI 9000  BB 9001 Board Bylaws
Management Oversight

The purpose of this policy is to guide the Governing Board with a standard for highly effective
and efficient Management Oversight. The Board is a body corporate, not a collection of
individuals, governed by the state and federal law to serve the interests of district.

The Board will fulfill its duty to assure the public that district resources are being used efficiently
and effectively by reviewing the integrity and performance of the districts major management
systems on a regular basis. This policy sets forth standards and describes processes, but from time
to time processes and timelines may vary. The standards and processes are not intended to be
overly restrictive or become issues of dispute, but rather to provide guidelines for effective
management oversight.

Management Oversight

The Board is responsible for overseeing management of the districts major systems to assure all
staff and district systems have as their overarching goal, student achievement. Major systems are
discussed and listed in the Board policy on Board Workshops and the Board Workshops calendar.

(cf. 9320.1 - Board Workshops)

The Board will hold the Superintendent accountable for the performance of the district systems.
The Board will consider the results of its oversight reviews into the Superintendents annual
performance evaluation. In exercising its oversight responsibilities, the Board will not manage the
day-to-day operations of the district.

The Board will fulfill its management oversight responsibilities by:

Reviewing the performance of all major management systems at least annually, using
performance measurements approved by the Board

Reviewing the integrity of all major management systems at least once every three years (where
integrity is de?ned as overall effectiveness, including structure, process, performance
measurements, internal controls, etc.)

Overseeing the annual external financial audit process
Ensuring that the Superintendent acts on the auditors recommendations

The Superintendent will be responsible for ensuring that all procedures, controls, checks and
balances, and codes of ethics are in place and are being executed properly.

The Board, acting as a body, will require the Superintendent to provide data and other
information necessary to document effective execution and results. The Board may also decide to
call for external reviews of systems integrity and performance from audit ?rms, task forces
comprised of local experts or community members, etc.).

Bylaw FRESNO UNIFIED SCHOOL DISTRICT

adopted: April 25, 2007 Fresno, California

EXHIBIT 8

Fresno USD 1 9000 I BB 9005 Board Bylaws

Governance Standards

The Governing Board believes that its primary responsibility is to act in the best interests of every
student in the district. The Board also has major commitments to parents guardians, all members
of the community, employees, the state of California, laws pertaining to public education, and
established policies of the district. To maximize Board effectiveness and public con?dence in
district governance, Board members are expected to govern responsibly and hold themselves to
the highest standards of ethical conduct.

(cf. 9000 Role of the Board)

(cf. 9270 - Con?ict of interest)

The Board expects its members to work with each other and the Superintendent to ensure that a
high?quality education is provided to each student. Each individual Board member shall:

1. Keep learning and achievement for all students as the primary focus
2. Value, support and advocate for public education
(cf. 9010 - Public Statements)

3. Recognize and respect differences of perspective and style on the Board and among staff,
students, parents and the community

4. Act with dignity, and understand the implications of demeanor and behavior
5. Keep con?dential matters con?dential
(of. 9011 - Disclosure of Confidential/Privileged Information)

6. Participate in professional development and commit the time and energy necessary to be an
informed and effective leader

(cf. 9240 Board Development)

7. Understand the distinctions between Board and staff roles, and refrain from performing
management functions that are the responsibility of the Superintendent and staff

(cf. 2122 Superintendent of Schools: Responsibilities and Duties)
8. Understand that authority rests with the Board as a whole and not with individuals

(cf. 9200 - Members)

Board members also shall assume collective responsibility for building unity and creating a
positive organizational culture. To operate effectively, the Board shall have a unity of purpose
and:

1. Keep the district focused on learning and achievement for all students

2. Communicate a common vision

(cf. - Vision)

(of. Philosophy)

(cf. @229 - Goals for the SchoolDistrict)

3. Operate openly, with trust and integrity

4. Govern in a digni?ed and professional manner, treating everyone with civility and respect
5. Govern Within Board?adopted policies and procedures

(of. 2:11; Board Policies)

(cf. - Board Bylaws)

6. Take collective responsibility for the Board's performance

7. Periodically evaluate its own effectiveness

(cf. - Board Self-Evaluation)

8. Ensure opportunities for the diverse range of views in the community to inform Board
deliberations

(cf. i224; Citizen Advisory Committees)

(of. gag; - Meeting Conduct)

Legal Reference:

EDUCATION CODE

Power of governing board to adopt rules for its own governance
Board authority to act in any manner not con?icting with law
Actions by majority vote

GOVERNMENT CODE

Egg Financial interest in contract

Mi Disclosure of con?dential information
114?1422 Incompatible activities

The Ralph M. Brown Act
M-m Con?ict of interest code
Management Resources:

CSBA PUBLICATIONS

CSBA Professional Governance Standards, 2000
Maximizing School Board Leadership: Boardsmanship, 1996
WEB SITES

CSBA: 

Bylaw FRESNO UNIFIED SCHOOL DISTRICT

adopted: November 14, 2001 Fresno, California

EXHIBIT 9

Fresno USD 9000 1 BB 9200 Board Bylaws

Limits Of Board Member Authority

The Governing Board recognizes that the Board is the unit of authority over the district and that a
Board member has no individual authority. Board members shall hold the education of students
above any partisan principle, group interest, or personal interest.

(cf. 1160 Political Process)

(cf. 9000 Role of Board and Members)

(cf. 9005 Governance Standards)

(cf. 9270 Con?ict of Interest)

(cf. 9323 Meeting Conduct)

Individually, the Board member may not commit the district to any policy, act or expenditure.
(cf. 9005 Governance Standards)

Unless agreed to by the Board as a whole, individual members of the Board shall not exercise any
administrative responsibility with respect to the schools or command the services of any school
employee. Individual Board members shall submit requests for information to the Superintendent
or designee.

(cf. 1340 Access to District Records)

(cf. 4112.6/4212.6/4312.6 Personnel Files)

(cf. 9005 Governance Standards)

(cf. 9011 Disclosure of Con?dential/Privileged Information)

(cf. 9322 Agenda/Meeting Materials)

Individual Board members do not have the authority to resolve complaints. Any Board member

approached directly by a person with a complaint should refer the complaint to the
Superintendent or designee so that the problem may receive proper consideration and be handled
through the appropriate district process.

(cf. 1312.1 Complaints Concerning District Employees)

(of. 1312.2 Complaints Concerning Instructional Materials)

(cf. 1312.3 Uniform Complaint Procedures)

(cf. 1312.4 Williams Uniform Complaint Procedures)

(cf. 3320 Claims and Actions Against the District)

(cf. 4031 Complaints Concerning Discrimination in Employment)

(cf. 6159.1 Procedural Safeguards and Complaints for Special Education)

A Board member whose child is attending a district school should be aware of his/her role as a
Board member when interacting with district employees about his/her child. Because his/her
position as a Board member may inhibit the performance of school personnel, a Board member
shall inform the Superintendent or designee before volunteering at his/her childs classroom.
(cf. 1240 Volunteer Assistance)

(cf. 5020 Parent Rights and Responsibilities)

(of. 6020 Parent Involvement)

Board members shall refer Board-related correspondence to the Superintendent or designee for
forwarding to the Board or for placement on the Board?s agenda.

The Superintendent or designee shall provide a copy of the states open meeting laws (Brown Act)
to each Board member and to anyone who is elected to the Board but has not yet assumed of?ce.

Board members and persons elected to the Board who have not yet assumed of?ce are
responsible for complying with the requirements of the Brown Act. (Government Code 54952.1)

Legal Reference:

EDUCATION CODE

M?g?g? Prohibition of discrimination

Use of district property

3% Control of district; prescription and enforcement of rules
Governing boards, especially:

m-m Powers and duties

Rules

Visits to schools (Board members)

5_11_Ql Rights of parents/guardians

GOVERNMENT CODE

gasp?M The Ralph M. Brown Act, especially:
Member of a legislative body of a local agency
Copies of chapter to members of legislative body
Management Resources:

CSBA PUBLICATIONS

CSBA Professional Governance Standards, 2000
Maximizing School Board Leadership: Boardsmanship, 1996
WEB SITES

CSBA: 

Bylaw FRESNO UNIFIED SCHOOL DISTRICT
adopted: September 26, 1991 Fresno, California

revised: August 25, 1994

reviewed: January 12, 2000

reviewed: October 5, 2004

revised: June 18, 2008

EXHIBIT 10

Fresno USD 1 9000 BB 9323.2 Board Bylaws
Actions By The Board

The Governing Board shall act by a majority vote of all of the membership constituting the
Board, unless otherwise required by law. (Education Code 35164)

(of. 9000 - Role of the Board)

(cf. 9005 Governance Standards)

(of. 9012 Board Member Electronic Communications)

(of. 9200 - Limits of Board Member Authority)

An "action" by the Board means: (Government Code 54952.6)

1. A collective decision by a majority of the Board members.

2. A collective commitment or promise by a majority of the Board members to make a positive or
negative decision.

3. A vote by a majority of the Board members when sitting as the Board upon a motion, proposal,
resolution, order or ordinance.

(of. 9322 - A genda/Meeting Materials)

The Board shall not take action by secret ballot, whether preliminary or ?nal. (Government Code
54953)

Actions taken by the Board in open session shall be recorded in the Board minutes. (Education
Code 35145)

(of. 9324 - Minutes and Recordings)
Action on Non-Agenda Items

After publicly identifying the item, the Board may take action on a subject not appearing on the
posted meeting agenda under any of the following conditions: (Government Code 54954.2)

1. When a majority of the Board determines that an emergency situation exists, as de?ned for
emergency meetings pursuant to Government Code 54956.5

2. When two-thirds of the members present, or if less than two-thirds of the members are present
then by a unanimous vote of all members present, determine that the need to take immediate
action came to the district?s attention after the agenda was posted

3. When an item appeared on the agenda of, and was continued from, a meeting that occurred not
more than ?ve days earlier

(of. 9320 Meetings and Notices)
(of. 9322 Agenda/Meeting Materials)

Challenging Board Actions

The district attorney's of?ce or any interested person may ?le an action in court to stop or prevent
the Board's violation or threats of violations of the Brown Act, to determine the applicability of
the Brown Act to ongoing or future threatened Board actions, to determine the validity, under
California or federal law, of any Board rule or action to penaiize any of its members or otherwise
discourage the member's expression, or to compel the Board to audio record its closed sessions
because of its violation of any applicable Government Code provision. (Government Code
54960)

The district attorney or any interested person may present a demand that the Board cure and
correct action which he/she alleges is in violation of law regarding any of the
following: (Government Code 549601)

1. Open meeting and teleconferencing (Government Code 54953)
2. Agenda posting (Government Code 54954.2)

3. Closed session item descriptions (Government Code 54954.5)
4. New or increased tax assessments (Government Code 54954.6)
5. Special meetings (Government Code 54956)

6. Emergency meetings (Government Code 54956.5)

Any demand to "cure and correct" an alleged violation shall clearly describe the challenged action
and the nature of the alleged vioiation and shall be presented to the Board in writing within 90
days of the date when the action was taken. If the alleged violation concerns action taken in an
open session but in violation of Government Code 54954.2 (agenda posting), the written demand
must be made within 30 days of the date when the alleged action took place. (Government Code

54960.1)
Within 30 days of receiving the demand, the Board shall do one of the following:

1. Cure or correct the challenged action and inform the demanding party in writing of its actions
to cure or correct.

2. Determine not to cure or correct the alleged violation and inform the demanding party in
writing of its decision to not cure or correct. 

3. Take no action. If the Board takes no action within the 30?day review period, its inaction shall
be considered a decision not to cure or correct the action.

In addition, the district attorney's of?ce or any interested party may ?le an action in court to
determine the applicability of the Brown Act to any past Board action not specified in
Government Code 54960.1, if the following conditions are met: (Government Code 54960.2)

1. Within nine mOnths of the alleged violation, a cease and desist letter is submitted to the Board,
clearly describing the past Board action and the nature of the alleged violation.

2. The time for the Board to respond has expired and the Board has not provided an
unconditional commitment to cease and desist from and not repeat the past action alleged to have
violated the Brown Act. 

Fresno Uni?ed School District does not harass, intimidate, or discriminate on the basis of race,
color, ethnicity, national origin, ancestry, age, creed, religion, political a?iliation, gender,
gender identity or expression or genetic information, mental or physical disability, sex, sexual
orientation, parental or marital status, military veteran status, or any other basis protected by
law or regulation, in its educational program(s) or employment.

Legal Reference:

EDUCATION CODE

15266 School construction bonds

17466 Declaration of intent to sell or lease real property

17481 Lease of property with residence for nondistrict purposes
17510-1751 1 Resolution requiring unanimous vote of all members constituting board
17546 Private sale of personal property

17556?17561 Dedication of real property

35140-35149 Meetings

35160?351784 Powers and duties

48660?48661 Community day schools, establishment and restrictions

CODE OF CIVIL PROCEDURE

425.16 Special motion to strike in connection with a public issue
1245.240 Eminent domain vote requirements

1245.245 Eminent domain, resolution adopting different use

GOVERNMENT CODE

53090?530975 Regulation of local agencies by counties and cities
53724 Parcel tax resolution requirements

53790?53792 Exceeding the budget

53820?53 833 Temporary borrowing

53850?53858 Temporary borrowing

5495064963 The Ralph M. Brown Act, especially:

54952. 6 Action taken, de?nition

54953 Meetings to be open and public; attendance; secret ballots -
54960- 54960. 5 Actions to prevent violations

65352.2 Coordination with planning agency

PUBLIC CONTRACT CODE

3400 Bid speci?cations

20111 Contracts over $50, 000; contracts for construction; awaid to lowest responsible bidder
20113 Emergencies, award of contracts without bids

COURT DECISIONS

Los Angeles Times Communications LLC V. Los Angeles County Board of Supervisors (2003)
112 Ca1.App.4th 1313

McKee v. Orange Uni?ed School District (2003) 110 Ca1.App.4th 1310

Bell v. Vista Uni?ed School District, (2002) 82 Cal.App.4th 672

Boyle v. City of Redondo Beach, (1999) 70 Ca1.App.4th 1109

Management Resources:
CSBA PUBLICATIONS
The Brown Act: School Boards and Open Meeting Laws, 1999

ATTORNEY GENERAL PUBLICATIONS
The Brown Act: Open Meetings for Legislative Bodies,, California Attorney General?s Of?ce,

2002

CALIFORNIA CITY ATTORNEY PUBLICATIONS
Open and Public A Users Guide to the Ralph M. Brown Act, 2000

WEB SITES
CSBA: 
California Attorney Generals Of?ce: 

Bylaw FRESNO UNIFIED SCHOOL DISTRICT
adopted: September 26, 1991 Fresno, California
reviewed: January 12, 2000

reviewed: February 13, 2003

revised: January 28, 2004

revised: June 1, 2016