INVESTIGATION REPORT Prepared for Lozano Smith and Fresno Unified School District By: Kerrie McNally Date: May 21, 2019 I. Introduction Adams Silva & McNally LLP was retained by Lozano Smith, on behalf of Fresno Unified School District (“District”), to investigate a complaint/report of inappropriate conduct on the part of Governing Board Trustee Terry Slatic (“Trustee”), submitted by (“Complainant”), Assistant Wrestling Coach at Bullard High School (“Bullard”). 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. II. Summary of Complaint Complainant, a walk-on wrestling coach for the District, generally alleges that Trustee confronted him in a hostile, aggressive, and intimidating manner on February 11, 2019, because he was upset that the Bullard wrestling team was scheduled to participate in a joint practice with Clovis East High School (“Clovis East”) on February 12, 2019.1 Complainant also alleges that Trustee told the coaching staff that he demanded, as a “trustee,” that the joint practice be cancelled. Complainant further alleges that Trustee threatened to prevent Complainant from obtaining employment with the District. III. Issues Presented Complainant alleges that the following factual events:         1 Trustee approached the Bullard wrestling team coaching staff and expressed dissatisfaction with the coaching staff’s intention to conduct a joint practice with Clovis East. Trustee objected to the joint practice because his son was in the same weight class as a wrestler at Clovis East and they were scheduled to compete at an upcoming sectional championship match. When the head coach, (“Head Coach”) and Complainant told Trustee that the joint practice would proceed as scheduled, Trustee became volatile. Trustee told the coaching staff that he was no longer speaking to them as a parent, but rather as a “trustee.” Trustee threatened not to bring his son to practice if there was a joint practice with Clovis East. Trustee asserted that Complainant organized the joint practice to “please his own ego.” Trustee asserted that the coaching staff was not looking out for the best interest of his son. Trustee stated in reference to Complainant’s previously expressed desire/intention to obtain a job with the District, words to the effect of, “Just remember when you are looking for a position, I will look for your application across my desk.” Complainant interpreted this comment to mean that Trustee would use his position to prevent him from getting a job in the District. Trustee represents the geographical area wherein Bullard is located. 1   IV. Trustee entered the personal space of Complainant in an attempt to intimidate him. Trustee used degrading, forceful and intimidating language when speaking with Complainant. Investigation Procedures A. General Procedures On February 12, 2019, Complainant submitted an “Incident Report” via email to the Bullard Principal and Athletic Director. Complainant copied the wrestling team Head Coach and second Assistant Coach on the email. Complainant asserted in the “Incident Report” that it was “signed by” all three Bullard wrestling coaches. However, the “Incident Report” was not physically signed by anyone, nor was it prepared by all three wrestling coaches. Due to the nature of the conduct described in the “Incident Report,” the District treated the document as a complaint and retained an independent investigator. On March 1, 2019, the investigator interviewed the Bullard Wrestling Team Head Coach. The investigator was also scheduled to interview Complainant. However, Complainant did not appear for his interview. Also on March 1, 2019, the investigator intended to interview Trustee regarding the Complaint. However, in advance of the interview, Trustee informed the District that he did not agree to be interviewed regarding Complaint because it was not signed by Complainant or any other complainant. On March 6, 2019, the investigator interviewed the Bullard Principal by telephone. On April 3, 2019, Complainant provided a signed “Incident Report.” The signed “Incident Report” was provided to Trustee and his attorney. On April 5, April 9, April 15, and April 18, 2019, the District, the District’s counsel, and the investigator made five attempts to schedule an interview with Trustee to discuss the allegations raised in the Complaint. Despite these attempts, neither Trustee nor his attorney contacted the investigator to schedule an interview. On April 10, 2019, the investigator interviewed Complainant by telephone. On May 8, 2019, counsel for the District extended another opportunity to Trustee to participate in an interview. Later on May 8, 2019, Trustee requested that the District retain a new investigator to review the Complaint. The District denied his request and on May 10, 2019, Claudia Cazares, Board President, encouraged Trustee to participate in an interview with the current investigator. 2 On May 13, 2019, the investigator extended an invitation to Trustee to participate in an interview. Trustee did not respond to the request. During the interviews, the investigator informed each witness that she was an investigator retained on behalf of the District. The interviews were not recorded. B. Documents Reviewed During the investigation, the investigator reviewed the following documents:           Incident Report submitted by Complainant on February 12, 2019. (Exhibit 1.) Incident Report submitted by Complainant on April 3, 2019. (Exhibit 2.) Letter to Trustee Regarding Limits of Board Member Authority, dated January 15, 2019. (Exhibit 3.) Fresno Unified School District Board Orientation Handbook, School Year 2018-2019. (Exhibit 4.) Board Policy 9000, Role of the Board (Powers and Responsibilities). (Exhibit 5.) Board Policy 9001, Management Oversight. (Exhibit 6.) Board Policy 9005, Governance Standard. (Exhibit 7.) Board Policy 9200, Limits of Board Member Authority. (Exhibit 8.) Board Policy 9323.2, Actions by the Board. (Exhibit 9.) Emails regarding interview with Trustee, dated April 9-18, 2019. (Exhibit 10.) C. Witness Interviews Below is a summary of the investigative interviews and the investigator’s credibility determinations. 1. Complainant Complainant was interviewed on April 10, 2019 by telephone. Generally, the investigator found Complainant to be credible. His verbal description of the incident matched that which he reported immediately after the incident. However, because the interview was conducted by telephone, it was difficult to measure his credibility. Additionally, at times Complainant appeared resistant to acknowledge the potential physical altercation that could have resulted during the incident. Complainant is an assistant wrestling coach at Bullard. The 2018-2019 season was his third year serving as an assistant coach at Bullard. Complainant’s son was a member of the Bullard wrestling team during the 2018-2019 school year. His son was a senior. Trustee’s son was also a member of the Bullard wrestling team during the 2018-2019 school year and was also a senior. The two students wrestled together during their four years of high school. During the 2018-2019 school year, the two students competed in different weight classes. 3 Complainant reported that he has considered applying for a management position with the District. He reported that he shared this information with Trustee on February 11, 2019, prior to the incident described below. However, Complainant had not applied for any positions as of February 11, 2019. Further, as of April 3, 2019, he had not applied for any positions. During the interview, Complainant reported that on February 11, 2019, the Bullard wrestling team participated in a joint practice at Central High School. According to Complainant, joint practices are common in wrestling when students are approaching the championships. The Bullard team was scheduled to participate in another joint practice on February 12, 2019 at Clovis East High School (“Clovis East”). Several schools were scheduled to participate in the February 12, 2019 practice. According to Complainant, he arranged the joint practice at Clovis East. Complainant acknowledged that a student at Clovis East was scheduled to compete against Trustee’s son at an upcoming match. The Bullard wrestling coaching staff intended to conduct the joint practice for the benefit of all wrestlers. However, they intended to keep Trustee’s son and his future competitor from Clovis East separated during the joint practice. Complainant reported that at the conclusion of the practice on February 11, 2019, he was one of the last people to leave. When Complainant left the facility, Trustee and the Head Coach signaled for Complainant and a second assistant coach to join them in the parking lot. Trustee wanted to discuss the joint practice scheduled to occur at Clovis East. In the parking lot, Trustee informed the coaches that he did not want the team to participate in the joint practice at Clovis East. Trustee reportedly asserted that the coaches were not looking out of the best interests of his son. In response, the Head Coach told Trustee that the practice would proceed as scheduled. Complainant informed Trustee that the joint practice would benefit all the wrestlers and that four schools were planning to attend. Complainant reported that Trustee was dissatisfied with the responses provided by the coaches. Consequently, Trustee’s demeanor changed. He began raising his voice at the coaches and demanded that the team not participate in the joint practice. Trustee informed the coaches that he was no longer speaking to them as a parent but rather as a “trustee.” Complainant reported that in response, he reaffirmed the commitment to have the team participate in the joint practice. In response, Complainant reported that Trustee threatened not to bring his son to the practice and asserted that he would take him to work out at a junior college.2 Complainant reported that when Trustee realized the coaches were not going to change the plan, he stated that Complainant was only committed to the joint practice to “please his own ego” whereas, he, Trustee, was looking out for the interest of his son. Complainant reported that in response to this comment, the coaches informed Trustee of their intention to keep Trustee’s son 2 Complainant represented that it is a violation of CIF rules for high school student-athletes to train at a junior college. 4 and the wrestler in his weight class from Clovis East separated during practice. However, Trustee was not satisfied. Complainant also asserted that Trustee told him to remember “this” when he (Complainant) was looking for a position in the District, and that he (Trustee) would watch for Complainant’s application. Complainant interpreted these comments to be a threat and believes that Trustee will take action to prevent him from obtaining a job with the District. Complainant asserted that Trustee stormed away from the coaches, ending the interaction. Complainant reported that the three coaches discussed the incident. He stated that they agreed the joint practice would proceed and that the Bullard Principal and Athletic Director needed to be informed of the incident. Complainant stated that he provided the written “Incident Report” because the Athletic Director requested a written summary of the incident. Generally, Complainant reported that during the interaction, Trustee was hostile, forceful, degrading and intimidating. He asserted that Trustee stood very close to him. Due to the difference in their height, Trustee was talking down to Complainant, and it appeared that there was going to be a physical altercation between Complainant and Trustee. Ultimately, the joint practice with East Clovis was cancelled to prevent “ruffling any feathers.” During the interview, Complainant reported that Trustee’s conduct on February 11, 2019 was not out of character. Complainant described two incidents that occurred prior to Trustee’s election to the school board where he became agitated and confrontational with the wrestling coaches. 2. (“Head Coach”) The Head Coach was interviewed on March 1, 2019. During the interview, the Head Coach was nervous but calmed down as the interview progressed. The Head Coach presented as very credible. The Head Coach was forthcoming about his experiences with Trustee and Complainant. It did not appear as though he was attempting to protect or indict any party. The Head Coach did not understand what led to the confrontation between Complainant and Trustee. The Head Coach reported that on February 11, 2019, at the conclusion of a joint practice at Central High School, as he was leaving the school parking lot in his truck, Trustee stopped him to express concern about having his son participate in a joint practice with Clovis East. Trustee was specifically concerned about his son practicing with a Clovis East wrestler in his weight class whom he was scheduled to compete against in the near future. The Head Coach informed Trustee that the wrestling coaching staff intended to keep the two students separated at the joint practice. In response, Trustee told the Head Coach that he did not want the Bullard team to participate in the joint practice. The Head Coach recalled Complainant and the other assistant coach leaving the Central High School building and approaching them in the parking lot. Trustee told Complainant and the other 5 assistant coach that he did not want the Bullard team to participate in the joint practice. The Head Coach recalls the interaction escalating very quickly. The Head Coach asserted that Trustee was responsible for intensifying the conversation. However, the Head Coach also reported that Complainant matched Trustee’s tone and intensity, and consequently, Trustee’s conduct further intensified. The Head Coach reported that Complainant and Trustee were soon yelling at each other and yelling at the same time. They were standing very close together. The Head Coach believed that a physical altercation could erupt. As a result, the Head Coach exited his car to separate Trustee and Complainant. The Head Coach acknowledged during his interview that it was hard to understand what Complainant and Trustee were saying. However, he recalled Trustee stating something to the effect that Complainant should not expect his support in his search for employment. At the time, the Head Coach did not know what Trustee was talking about. Ultimately, the Head Coach and the assistant coach were able to separate Complainant and Trustee and the incident ended. The Head Coach decided to cancel Bullard’s participation in the joint practice with Clovis East to eliminate the distraction. The Head Coach reported that joint practices, especially as student wrestlers progress toward the championships, are a common occurrence. He reported that Trustee’s older sons and his son who is currently a senior have repeatedly participated in joint practices, including those where East Clovis was present. The Head Coach confirmed that there were two incidents that occurred prior to Trustee’s election to the school board where he became agitated and confrontational with the wrestling coaches. 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. The Principal has served in his current position for three years. During the interview, the Principal reported that he has heard of, and experienced hostile behavior from Trustee. The Principal reported that it is not uncommon or out of character for Trustee to challenge authority and raise his voice. The Principal reported that Trustee presented in a confrontational and aggressive manner after Trustee’s election but before he took office on one occasion. The Principal reported that Trustee became so confrontational with the Principal that Trustee’s wife pulled Trustee away from the Principal. 6 4. Trustee The interview with Trustee was scheduled to occur on March 1, 2019. After Complainant signed the incident report, the District provided it to Trustee and Trustee’s attorney. Trustee did not make himself available to be interviewed regarding the Complaint. V. Factual Findings The evidence was reviewed to determine whether the specific factual allegations raised in the Complaint occurred. Based on the preponderance of the evidence, the following events are found to have occurred on February 11, 2019: After a joint practice at Central High School, Trustee approached the Head Coach in the parking lot and expressed dissatisfaction with the coaching staff’s intention to conduct a joint practice with Clovis East. Trustee objected to the joint practice because his son was in the same weight class as a wrestler at Clovis East, and they were scheduled to compete at an upcoming sectional championship match. The Head Coach informed Trustee that the coaching staff planned to ensure that his son did not practice with this student. Trustee was not satisfied with this response/plan and demanded that the joint practice be cancelled. After Complainant and the second assistant coach approached Trustee and the Head Coach in the parking lot, Trustee repeated his concern and demanded that the Bullard team not participate in the joint practice with Clovis East. In response, Complainant reaffirmed the commitment to participate in the joint practice. Trustee elevated the conversation and began yelling at Complainant. Complainant responded in a similar manner. Trustee threatened not to bring his son to the practice if the team participated in the joint practice. Trustee told Complainant, words to the effect that, he (Trustee) would watch for any employment application Complainant submitted to the District and that Complainant should not expect Trustee to help Complainant obtain a job. Complainant reasonably interpreted Trustee’s statements to mean that he would use his position as a Board member to prevent him from obtaining a position in the District. Trustee entered Complainant’s personal space. The Head Coach was reasonably concerned that Trustee and Complainant could become engaged in a physical altercation. The Head Coach and other assistant coach separated Trustee and Complainant, ending the incident. Ultimately, the Head Coach cancelled the Bullard wrestling team’s participation in the joint practice with Clovis East. /// /// /// 7 VI. Legal Conclusions 1. Did Trustee Violate District Board Policy on February 11, 2019? The District maintains several Board Policies related to the conduct of Governing Board members. Specifically, the District maintains the following Board Policies which relate to the allegations raised in the Complaint:  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 5.)  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 7.)  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 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.” (Exhibit 8.) As described above, the evidence shows that Trustee engaged in a verbal confrontation with Complainant and threatened to use his position as a Board member to limit Complainant’s employment opportunities with the District. This conduct is likely a violation of Board Policy 9005 and 9200. Specifically, by engaging in a verbal confrontation and threatening to adversely impact Complainant’s employment endeavors with the District, Trustee likely failed to act with dignity and likely failed to understand the implications of his demeanor and behavior. Further, Trustee’s threat against Complainant’s future employment represents a lack of understanding of the difference between the role of the Board and the role of staff. The threat to adversely impact Complainant’s future employment with the District also tends to show that Trustee does appreciate or understand that, as an individual, he does not act on behalf of the District. VII. Conclusion In sum, the evidence shows that on February 11, 2019, Trustee engaged in a verbal altercation with Complainant and threatened to prevent Complainant from obtaining future employment with the District. It is likely that Trustee’s conduct violates Board Policy. We hope you find this report helpful. If you have any questions, please do not hesitate to contact us. 8 EXHIBIT 1 Incident Report At approximately on Monday February 11, 2019, Mr. Terry Slatic asked to meet with Head coach assistant coaches and This was after a joint practice had just concluded which was hosted at and by Central High School wrestling team. The teams in attendance were Central High, Bullard High and Caruthers High. There were approximately 25 wrestlers at the practice. Mr. Slatic?s main grievance was he did not want Clovis East High School wrestling squad coming to Bullard High for a joint practice that Bulla rd was to host because Clovis East?s 287lber is a direct competition to his son,_ who is Bullarcl?s 287lber. ?will go into the Central Section seeded while the Clovis East wrestler will be seeded It had been established in advance 2?3 weeks ago by the Bullard coaches and Clovis East head coach, that the two wrestlers will not partner with one another during thisjoint practice. This information was conveyed to Mr. Terry Slatic. And during the conversation which took place at approximately on 2/11 outside of Central High School wrestling room, Mr. Slatic began to raise his voice and became very irate. He claimed that our action was "not taking care of his son, When coach assured Mr. Slatic this would not put his son into any harm, and that the joint practice is for the benefit of many other wrestlers and teams, he verbalized, ?You are doing this to please your (coach - _l eg0-" Mr. Terry Slatic mannerism became extremely aggressive. Coach felt that he might become physical with one of coaches. His language carried a tone of intimidation. He said if he can?t get his wishes as a parent then we are to obey his position as a person who sit on the board of supervisor for Fresno Unified. The coaches repeated that the joint practice wiil continue as it has been customary that our squad has had joint practices in the past. In the past 2 years, Clovis East and Bullard had practiced together. During the 2018 season, Mr. Slatic?s older son, (class of 2018 287lb. wrestler) was in the same weight class as?. Both wrestlers have also wrestled during the 2017-2018 season and were in the same post season practice. Mr. Slatic said if we are not going to prevent Clovis East from practicing at the joint practice, he will not bring his son, to practice. A further attempt to coerce, Mr. Slatic said to coach ?who Mr. Slatic knows he has plans to apply forjob positions with Fresno Unified School District, that when coach does apply he will be on the lookout for his application. Meaning he will attempt to use his position at the board of supervisor to affect coach _job application's outcome. We feel Mr. Slatic?s action is a direct interference in the program?s operations as we head into the sectional championships and state championships is very untimely. We have experienced that he has overtly use of his position as a member of the board of supervisor to intimidate the coaching staff in ways that is concerning. As a result of this incident, despite coach having talked to Mr. about the incident, who said coaches should do what is needed to run the program, coach felt compelled to ask Clovis East?s head coach to not attend the joint practice to be held at Bullard High on February 12, 2019 at This action also caused Hoover High squad to not attend thejoint practice. But instead, Clovis East will go to Hoover High to practice there instead. Edison High School who had joined us in the past also refrained from attending. Clovis East High has 9 qualifiers and Hoover High has 7 qualifiers to the Central Section Championships. Many of their qualifiers would have been an asset to Bullard wrestlers who is the number 1 seed at l47 bs. Clovis East High has 140, 145 and 162lb wrestlers, and Hoover has a 154 lb. wrestler who would be a great training partner to Hoover has a high seed 108 lb. wrestler who would benefit in the training with Bullard?s 108Ib. wrestler. These are just examples of the disruption caused to Bullard and the other teams due to the actions which caused the cancellation of the joint practice. The biggest concerns, going forward, is how Mr. Slatic will use and abuse his power while holding a seat at the board of supervisor of Fresno Unified School District because he has demonstrated he is not able to exercise fair and sound judgements. We ask the administration to take immediate action and forward this report to the district. Signed, Head Coach - Buliard High School Wrestling Assistant Coach - Bullard High School Wrestling Assistant Coach Bullard High School Wrestling EXHIBIT 2 Incident Report Original date written February 12, 2019 Updated written report Aprii 3, 20109 At approximately on Monday February 11, 2019, Mr. Terry Slatic asked to meet with Head coach assistant coaches?and This was after a joint practice had just conciuded which was hosted at and by Central High School wrestling team. The meeting and incident took place in the backdoor area a few feet outside the Central High wrestling room. The teams in attendance were Central High, Bullard High and Caruthers High. There were approximately 25 wrestlers at the practice. No other individuals aside from myself, - and Mr. Terry Slatic were present at this ad hoc meeting. Mr. Slatic's main grievance to the coaches was that he did not want Clovis East High School wrestling squad coming to Builard High for a joint practice that Bullard was to host because Clovis East?s 287 ber is a direct competition to his son, who is Bullard?s 287lber. - -will go into the Central Section seeded while the Clovis East wrestler will be seeded It had been established in advance 2~3 weeks ago by the Builard coaches and Clovis East head coach, that the two wrestlers will not partner with one another during this joint practice. This information was conveyed to Mr. Terry Slatic. And during the conversation which took place at approximately on 2/11 outside of Central High School wrestling room, Mr. Slatic began to raise his voice and became very irate as it appeared he was not satisfied with the answers he received from the coaches. Myself and the coaches informed Mr. Slatic of our decision that the joint practice will take place as planned. He claimed that our action was ?not taking care of his son, When coach myself assured Mr. Slatic this would not put his son into any harm since he will not be practicing with?, and that the joint practice is for the benefit of many other wrestlers and teams who will be participating, he verbalized, ?You are doing this to please your ego (as in my ego". Mr. Terry Slatic mannerism became extremely aggressive. Coach ?felt that he might become physical with one of coaches. His language carried a tone of intimidation. He said if he ca n?t get his wishes as a parent then we are to obey his position as a person who sit on the board of supervisor for Fresno Unified. The coaches repeated that the joint practice will continue as it has been customary that our squad has had joint practices in the past. As a point of note, in the past 2 years Clovis East and Bullard had practiced together. During the 2018 season, Mr. Slatic?s older son, ?(class of 2018 2871b. wrestler) was in the same weight class as Both wrestlers have also wrestled during the 2017?2018 season and were in the same post season practice. Mr. Slatic said if we are not going to prevent Clovis East from practicing at the joint practice, he will not bring his son, to practice. A further attempt to coerce, Mr. Slatic said to myself who Mr. Slatic knows that i have discussed and shared with him on my the possibility of applying forjob positions with Fresno Unified School District, that when I do apply, he (Mr. Slatic) will be on the lookout for my application. And repeated it a couple time to emphasize the meaning he will attempt to use his position at the board of supervisor to affect the job application?s outcome. I feel Mr. Slatic?s action is a direct interference in the program?s operations as we head into the sectional championships and state championships is very untimely. Our program has experienced success in the past seasons of 2017 and 2018 sending 5 and 4 wrestlers to the state championships respectively. And by attempting to force an immediate change that he felt was beneficial for his son, it would be detrimental to the team as a whole. We have experienced that he has overtly use of his position as_a member of the board of supervisor to intimidate the coaching staff in ways that is concerning. And this incident is not the first incident of Mr. Slatic?s action on the coaches and the program. As a result of this incident, despite coach having talked to Mr. about the incident, who said coaches should do what is needed to run the program, coach felt compelled to ask Clovis East?s head coach to not attend the joint practice to be held at Bullard High on February 12, 2019 at This action also caused Hoover High squad to not attend the joint practice. But instead, Clovis East will go to Hoover High to practice there instead. Edison High School who hadjoined us in the past also refrained from attending. . Clovis East High has 9 qualifiers and Hoover High has 7 qualifiers to the Central Section Championships. Many of their qualifiers would have been an asset to Bullard wrestlers ?who is the number 1 seed at 147lbs. Clovis East High has 140, 145 and 162lb wrestlers, and Hoover has a 154 lb. wrestler who would be a great training partner to?. Hoover has a high seed 108 lb. wrestler who would benefit in the training with Bullard?s 108lb. wrestler. These are just examples of the disruption caused to Bullard and the other teams due to the actions which caused the cancellation of the joint practice. As asked by both Mr.? and Mr. I am submitting this incident report per their request. Signed, Assistant Coach Bullard High School Wrestling EXHIBIT 3 BOARD OF EDUCATION .1 - Claudia Cazares, President Carol Clerk . Valerie F. Davis .. Genoveva Islas Fl 6 SD 0 l?e Elizabeth Jon?as's?cn Roses 1. Major Teny Slatic USMC (Retired) School Kesra'nwmas Preparing Career Ready Graduates SUPERINTENDENT Robert G. Nelson, January 15, 2019 Trustee Major Terrence Slatic USMC (Retired) Fresno Uni?ed school District 2309 Tulare Sheet 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 Beard my deep cencern 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 statesthat?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. 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.? Furthennore, 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 Boar,d and 1nd1v1dual 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 2.309 Tulare Street - Fresno, CA 93721?2287 111mg.transmitted. org media reports. (See AppletOn, Is Bob Nelson Righffor Fresno Unified? The New Board May Have Its Say (Jan. p. FreSno Bee education/article22425 5915 .html>.) - You also ioutinely insert yourself into meetings at which "your attendance has not been 1equested and whe1e it is not appropriate. I am aWare that you insist that you be permitted to attend meetings Where con?dential student information is dismissed, and that you demand copies of sensitive student infomiation, investigation reports, and surveillance footage. Additionally, employees have expressed their concern to me that you regularly raise your voice, make accusations, and use piofanity when you feel that you1 author'ity IS challenged. The Fresno Bee atticle 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 connect 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 email, you describe yourself as a ?Sheepdog,? a person who you say ?has a capacity for Violence? You desciibed ?Sheepdogs? ?in camou?age fatigues, holding an 16? ready to protect ?sheep? from ??Wolves" by any means you see necessary Attached to that e?mail, you sent a photograph of yourself weaiing camouflage fatigues holding an automatic weapon This e-mail was?and 18W vei disturbing to me. Eyen more disturbing IS the fact that on Friday, anuat 11, 2019?the very next day aftei you sent that email?you became in'volved' 111 a physical altercation with a student at Bullaid High School. This behavior cannot be tolerated. As you may recall, in 2007, the District?s Board of Trustees was the subject of an layestigation 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 stat" (Fresno County Grand Jury, 200642007 Final Report (hei'eina?ei' ?Grand Jury Report? p. 175,) 1 The (hand Jul report found that theanoard President and then?Clerk had engaged in signi?cant ?micromanaging? of the District administration. In particular, the Grand Jury reprimanded the Distiict?s Board for, among other things: . Sending emails 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; o? Making excessive demands on staff for information, research, and jasti?cation for actions taken and propoSed to the extent it has hindered the Superintendent and staff from completing their assigned tasks in a 1easonable manner; . Scheduling meetings, setting agendas, purporting to represent the District, and blinds?iding the staff in violation of generally accepted Soho 01 board practices and policies. 2309 Tulane Street Fresno. CA 93 72! ?2287 11111111). [1 'esnouniliert org (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, abusive, 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 conferm your conduct to the limits expressly set forth by law, Board Bylaw, and general policy of civility. . Respectfully, Wow Robert G. Nelson, Superintendent Cc: Claudia Cazares, President, Board of Trustees Carol Mills, Clerk, Board of Trustees 2309 Tulare Street Fresno, CA 93721~2287 Hum.tresnounitied. org EXHIBIT 4 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 8 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. 5 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. 7 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. 8 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. 9 Governing to Achieve, August 2014 Christopher Maricle California School Boards Association www.csba.org 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. 10 Governing to Achieve, August 2014 Christopher Maricle California School Boards Association www.csba.org • “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 11 Governing to Achieve, August 2014 Christopher Maricle California School Boards Association www.csba.org 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. 12 Governing to Achieve, August 2014 Christopher Maricle California School Boards Association www.csba.org 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 13 Governing to Achieve, August 2014 Christopher Maricle California School Boards Association www.csba.org 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 14 Governing to Achieve, August 2014 Christopher Maricle California School Boards Association www.csba.org 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. 15 Governing to Achieve, August 2014 Christopher Maricle California School Boards Association www.csba.org 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. 16 Governing to Achieve, August 2014 Christopher Maricle California School Boards Association www.csba.org 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 17 Governing to Achieve, August 2014 Christopher Maricle California School Boards Association www.csba.org 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 18 Governing to Achieve, August 2014 Christopher Maricle California School Boards Association www.csba.org 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. 19 Governing to Achieve, August 2014 Christopher Maricle California School Boards Association www.csba.org 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. 20 Governing to Achieve, August 2014 Christopher Maricle California School Boards Association www.csba.org 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 21 Governing to Achieve, August 2014 Christopher Maricle California School Boards Association www.csba.org 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 Academic Development Institute. (2013). The role of school boards in school accountability and transformation. Lincoln, IL: Rhim, L. 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 5 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 ful?ll its major roles, which include: 1. Establishing a longHterm vision for the district 2. Establishing and maintaining a basic organizational structure for the district, including employment of the Superintendent and ad option 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) (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 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) (of. 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) (of. 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. - Members) (cf. 9300 - Governance) (cf. Board Policies) (cf. Board Bylaws) (of. 2?2_3 - Meeting Conduct) (cf. 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. (of. 0420.5 School~Based Decision Making) (of. 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) (of. 6146.5 Elementary School Promotion/Standards of Pro?ciency) (cf. 6162.5 - Student Assessment) (of. 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. (cf. 3000 - Concepts and Roles) (cf. 3100 - Budget) (of. 3312 Contracts) (of. 3460 Financial Reports and Accountability) (cf. 7110 Facilities Master Plan) (cf. 7140 - Architectural and Engineering Services) (cf. 7150 Site Selection and Development) (of. 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. (of. gnu/?41 Collective Bargaining Agreement) (of. 4143/4243 Negonations/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? fmding or hearing responsibilities in appropriate cases but remains the ?nal decision?maker in these proceedings. (of. Complaints Concerning the Schools) (of. $03; Complaints Concerning Discrimination in Employment) (of. - Personnel Reduction) (of. Dismissal) (of. 4144/4244/4344 - Complaints) (of. Action) (of. $314; - Personnel Reduction) (of. 1115;; - Intradistrict Open Enrollment) (of. ?11 Interdistrict Attendance) (of. Students Expelled from Other Districts) (of. - Challenging Student Records) (of. Suspension and Expulsion/Due Process) (cf. Procedural Safeguards and Complaints for Special Education) (of. Identi?cation and Education under Section 504) Community Leadership Recognizing that the level of local, state and national support for education impacts the Board's ability to ful?ll its responsibilities, the Board shall engage in advocacy on behalf of district schools. The Board shall ensure that the district has the capability to respond to emergency issues as well as a proactive communications plan for issues that are district priorities. The Board shall also build and maintain community support by actively involving parents/ guardians, business and other members in the schools and informing them about district programs, policies and issues. (of. Media Relations) (of. ring - Political Processes) (of. Relations betvveen Other Governmental Agencies and the Schools) (of. mg Relations between Private Industry and the Schools) (cf. Public Statements) Legal Reference: EDUCATION CODE 54101; Duties of governing board (re school district elections) M?w Authority to participate in federal programs lag-m9; Board duties re property maintenance and control Implementation of authority of local agencies @510 District name Control of district; prescription and enforcement of rules MAM Of?cers and agents mam Governing boards, especially: Mimi Powers and duties 312$ Rules Bylaw FRESNO UNIFIED SCHOOL DISTRICT adopted: September 26, 1991 Fresno, California revised: January 30, 1997 revised: January 12, 2000 EXHIBIT 6 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 ful?ll 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-today operations of the district. The Board will ful?ll 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 7 Fresno USDI 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 me} or 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) (of. 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 shalli 1. Keep learning and achievement for all students as the primary focus 2. Value, support and advocate for public education (of. 9010 Public Statements) 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 (cf. 9011 Disclosure of Con?dential/Privileged Information) 6. Participate in professional development and commit the time and energy necessary to be an informed and effective leader (of. 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 (of. 2122 - Superintendent of Schools: Responsibilities and Duties) 8. Understand that authority rests with the Board as a whole and not with individuals (of. 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 (of. QM Vision) (of. Philosophy) (cf. 9.2qu 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. 211; Board Policies) (of. ?g Board Bylaws) 6. Take collective responsibility for the Board's performance 7. felio dioally evaluate its own effectiveness (of. ?ll) Board Self?Evaluation) 8. Ensure opportunities for the diverse range of views in the community to inform Board deliberations (of. 122?0 Citizen Advisory Committees) (of. 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 3?5153 Actions by majority vote GOVERNMENT CODE 1090 Financial interest in contract Disclosure of con?dential information 1_12_5;Il2_9_ Incompatible activities The Ralph M. Brown Act Con?ict of interest code Management Resonrces: 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 8 Fresno USD 9000 I BB 9200 Board Bylaws Limits 0f 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. (of. 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. ?ng a Access to District Records) (cf. 4112.6/4212.6/4312.6 Personnel Files) (cf. 9005 Governance Standards) I (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. (of. 1312.1 Complaints Concerning District Employees) (of. 1312.2 Complaints Concerning Instructional Materials) (cf. 1312.3 Uniform Complaint Procedures) (of. 1312.4 Williams Uniform Complaint Procedures) (cf. 3320 Claims and Actions Against the District) (of. 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. (of. 1240 Volunteer Assistance) (cf. 5020 Parent Rights and Responsibilities) (of. 6020 Parent Involvement) Board members shall refer Board-related con?esp ondence 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 gag?M Prohibition of discrimination Use of district property Control of district; prescription and enforcement of rules Egg?? Governing boards, especially: Powers and duties 151% Rules 3522; Visits to schools (Board members) 7 ?19; Rights of parents/guardians GOVERNMENT CODE Lingo?gag The Ralph M. Brown Act, especially: 15392,; 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 9 Fresno USD I 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) (cf. 9000 - Role of the Board) (of. 9005 Governance Standards) (of. 9012 Board Member Electronic (cf. 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 - Agenda/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 - AgendaMeeting Materials) Challenging Board Actions The district attorney's office 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 penalize 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 54950) 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 54960.1) 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 asseSsrnents (Government Code 54954.6) 5. Special meetings (Government Code 5495 6) 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 violation 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 he 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 infomr 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 speci?ed in Government Code 5496 0.1, if the following conditions are met: (Governinent 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 Sclzool 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 impormation, menial disability, sex, sexual orientation, parental or marital status, military veteran status, or any other basis protected by law or regulation, in its educational program 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 17510-175 11 Resolution requiring unanimous vote of all members constituting board 17546 Private sale of personal property 1755 61 7561 Dedication of real property 35140?35149 Meetings 35160651784 Powers and duties 48 660?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 53 090-53 097.5 Regulation of local agencies by counties and cities 537 24 Parcel tax resolution requirements 53790-53 792 Exceeding the budget 53 820-53 833 Temporary borrowing 53 85063 85 8 Temporary borrowing 54950~54963 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; award to lowest responsible bidder 20113 Emergencies, award of contracts without bids COURT DECISIONS Los Angeles Times Communications LLC v. Los Angeies 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 Ca1.App.4th 672 Boyle v. City ofRedondo 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 EXHIBIT 10 Kerrie McNalIy From: Kerrie McNally Sent: Thursday, April 18, 2019 9:46 AM To: Shawn A. VanWagenen; 'Charles Manock' Cc: Michael E. Smith Subject: RE: Incident Report Wrestling Coach Good morning Mr. Manock, Please let me know by the end ofthe day tomorrow if Mr. Slatic would like to participate in an interview regarding the wrestling coach incident/complaint. Thank you. Ab?.li.vie?~ SILVA Er. hitch-JELLY Kerrie McNally, Partner 898 N. Pacific Coast Hwy., Suite 825 Ei Segundo, CA 90245 Phone: 424.383.7082 Fax: 760.266.4180 Please consider the environment before printing this'message. CONFIDENTIALITY NOTICE TO RECIPIENTISL This e-mail and any attachment(s) included herein may contain privileged and/or confidential information. This email is meant solely for the intended reclpient(s). Unauthorized review, use, duplication, disclosure or interception of this e-mail is strictly prohibited and may violate state and federal laws and regulations including, but not limited to, the Electronic Communications Privacy Act. If you are not the intended recipient of this email, please immediately reply to this email and delete both this message and your reply. Please also delete any attachments on your computer(s) and/or device(s). Thank you for your assistance. i - um,? . ?r --vm From: Shawn A. VanWagenen Sent: Monday, April 15, 2019 5:38 PM To: 'Charles Manock' Cc: Michael E. Smith Kerrie McNally Subject: RE: Incident Report Wrestling Coach It is Kerrie McNalIy. She has been cc?d in this email. ABAMS Ea. Kerrie McNally, Partner 898 N. Pacific Coast Hwy., Suite 825 EE Segundo, CA 90245 Phone: 424.383.7082 Fax: 760.266.4180 Thank you, Shawn A. VanWagenen Attorney At Law 7404 Spalding Ave. Fresno, CA 93720 T: 559.431.5600 F: 559.261.9366 CONFIDENTIALITY NOTICE: This electronic mail transmission may contain privileged and/or con?dential information only for use by the . intended recipients. Unless you are the addressee (or authorized to receive messages for the addressee), you may not use, copy, disclose, or distribute this message (or any information contained in or attached to it) to anyone. You may be subject to civil action and/or criminal penalties for violation of this restriction. If you received this transmission in error, please notify the sender by reply e-mail or by telephone at (800) 445 9430 and delete the transmission. Thank you. - From: Charles Manock Sent: Monday, April 15, 2019 4:32 PM To: Shawn A. VanWagenen Cc: Michael E. Smith Kerrie McNally Subject: Re: Incident Report Wrestling Coach Let me check with my client. Who is the investigator Sent from Charles Manock ?Manock Law 448 Shaw Ave Fresno CA 93704 (559)696-4397 On Apr 15, 2019, at 4:02 PM, Shawn A. VanWagenen wrote: Chuck, Just circling back to see if you client would like to speak to the investigator regarding the wrestling coach. Please let me know either way so we can wrap up the report this week. Thank you, Shawn A. VanWagenen Attorney At Law 013 7404 Spalding Ave. Fresno, CA 93720 image 'Png T: 559.431.5600 F: 559.261.9366 ? 41113119301 813112 CONFIDENTIALITY NOTICE: This electronic mail transmission may contain privileged and/or con?dential information only for use by the intended recipients. Unless you are the addressee (or authorized to receive messages for the addressee), you may not use, copy, disclose, or distribute this message (or any information contained in or attached to it) to anyone. You may be subject to civii action and/or criminal penalties for violation of this restriction. If you received this transmission in error, piease notify the sender by reply e?mail or by teiephone at (800) 445- 9430 and delete the transmission. Thank you. .- -1. 1.-- . .. .11 . 1.- 1-..- l. From: Shawn A. Va nWagenen Sent: Tuesday, April 09, 2019 4:51 PM To: 'Charles Manock' Cc: Michael E. Smith ?Kerrie McNally? Subject: Incident Report - Wrestling Coach Chuck, Thank you for taking my call. As I mentioned, the District originally received an unsigned complaint (attached) and Mr. Slatic declined to respond at the time. The coach (Mr. - has since signed the complaint (also attached) and we want to give IVlr. Slatic an opportunity to respond. If he would like to do so, he can reach out to the investigator (Kerrie directly. He can also provide her with any other documents, witnesses or information that should be considered to reach a fair and impartial conclusion. - This also confirms that lVls.??s safety concerns have been addressed and the District does not need to pursue the complaint submitted by Mr. Slatic on March 21, 2019. Of course, if Wis?has any concerns in thefuture we would be happy to discuss. Let me know if you have any questions or concerns. Regards, Shawn A. VanWagenen Attorney At Law . 007 7404 Spalding Ave. Fresno, CA 93720 <1mage 'P?g T: 559.431.5500 F: 559.261.9366