Governance of Public Schools Citizens act collectively for the common good Not attainable through self-interest alone Education as a state function Schools are operated as administrative arms of the state government Legislature prescribes education—courts intervene only when necessary

Governance of Public Schools State and Local Educational Agencies Legislature delegates to other entities (e.g., school boards) States create administrative agencies School districts are state agencies that operate at the local level School board members are state officials

Governance of Public Schools Functions of Education Agencies Legislative— rules within the scope of statute; state agency does not have legislative powers because they were not elected Executive functions Implementation and enforcement of policy Local boards can delegate ministerial but not discretionary functions Quasi-judicial Use discretion to solve disputes Courts are typically liberal in allowing this

Governance of Public Schools Authority of Interscholastic Orgs Relinquish autonomy to join the organization Courts generally uphold the organization Organization cannot be unconstitutional School district cannot sign away rights (only ministerial)

CT Governance & Structure Board Operation No authorization for removal or election Elected Chair Meetings = business FOIA and RRO Open public attendance Public forum = Constitutional protection

CT Governance & Structure The Superintendent School Boards act through the supt. BOE hires supt. BOE performs annual evaluation

Freedom of Information Act (FOIA) FOIA provides that the public will have access into the workings of public agencies in two ways: Access to meetings of public agencies (e.g., BOE) Access to records that are developed and/or maintained by public agencies Check out this website!

Freedom of Information Act (FOIA) Public agency (and agents) Any executive administrative or legislative office at the state, or any political subdivision of the state, or any town or state agency (includes “districts” and “officials”) Superintendents are “agencies” Administrators and teachers as agents? Committees, etc. Board members and supt’s are the most “public”

Freedom of Information Act (FOIA) Public meetings Any time members of an agency convene to act upon a matter of public importance This can occur with any type of communication These are (so far) typically settled on a case by case basis Personnel matters, pending litigation, student records, collective bargaining

Freedom of Information Act (FOIA) Public records The public have the right to access public records or files developed or maintained by public agencies Includes all business s—even from a home computer Voice mails, etc. Once they are received they are public record Documents used personally by employees are often exempt (e.g., lesson plans)

Freedom of Information Act (FOIA) Categories for retention include (a) transitory, (b) less than permanent, and (c) permanent Exemptions When confidentiality is required by federal law or statute (e.g., FERPA) Permissive Personal notes, medical files, identifiable student data Teacher performance evaluations Files are not geographic locations!!

Freedom of Information Act (FOIA) The “public” interface Public can ask for documents as they see fit Complaints are filed with the state agency The Commission has the power to order remedies (e.g., the release of information) Cannot request that data be kept or research conducted