Helping School Board Members Comply with the Law Wisconsin Association of School Superintendents Assistants April 22, 2016 ATTORNEY SHANA R. LEWIS

School Board Duties and Powers  Broad powers. Wis. Stats. §§ ;  Duties: School boards have responsibilities relating to… Wis. Stat. §  Powers: School boards may do all things reasonable to promote the cause of education, including… Wis. Stat. §

Filling Board Vacancies  Wis. Stat. §  (1) Except as provided in sub. (1m), in a common, union high, or unified school district, by appointment by the remaining members. An appointee under this paragraph or sub. (1m) shall hold office until a successor is elected and takes office under s (4) or (2). When a vacancy occurs in the office of a board member who is in the last year of his or her term, or when a vacancy occurs after the spring election but on or before the last Tuesday in November in the office of a board member who is not in the last year of his or her term, the successor shall be elected at the next spring election. When a vacancy occurs after the last Tuesday in November and on or before the date of the next spring election in the office of a board member who is not in the last year of his or her term, the successor shall be elected at the 2nd following spring election.  (1m) If the remaining members of a school board do not appoint an individual to fill a vacancy under sub. (1g) (a) within 60 days of the date on which the vacancy first exists, the remaining members of the school board may fill the vacancy in accordance with the school board's policy under s (28).  Most school boards already have a policy.  Now, school boards must amend their policy by July 1, 2016, to address how to fill a vacancy that exists (persists?) for more than 60 days.

Primary Responsibilities of the School Board v. Administration BOARD  Mission.  Policymaking.  Student Achievement.  Budget.  Employer.  Public Relations.  Political Relations.  Ethical Leadership. ADMINISTRATION  Day to Day Management.  Evaluation of Staff.  Investigation of Employee Misconduct.  Imposition or Recommendation of Discipline.  Legitimate Educational Interest for purposes of access to records.

Common Mistakes Made by Individual School Board Members  No patience.  Poor or inappropriate behavior.  Undermining board action.  Lone Ranger.  Not being a team player.  Dropping a “bomb”.  Putting politics first.  Ball carrying.  Not respecting chain of command.  Unprepared.  Not listening.  Hidden agenda.  Bias.  Interference activities.  Forest v. Trees.  Breaching confidentiality.  Staff/Administration as the enemy.  Ignoring Policy.  Open meetings and public records law.  Dealing with a rogue board member.  Censure.  Disavow action.  No removal.

School Board Meetings WIS. STAT. §  Monthly meetings (at least).  Special meetings.  Publication of minutes.  Annual meeting and special meeting of the electors is not a school board meeting. OPEN MEETINGS LAW  Governmental body.  Meeting.  Notice requirements.  Manner.  Content.  Timing.  Public Comment.  Closed Session.  Social Media.

School Board Members and Public Records Law  What constitutes a record?  What constitutes a public record?  What about records created through social media?

THANK YOU.