Policy vs. Administrative Regulation, the Ongoing Question Jim Williams – Policy Analyst Texas Association of School Boards Policy Service

There are two ways your district’s practice and policy are documented: 1.Policy 2.Administrative Regulation

Policy Board policy = WHAT is supposed to happen Policy is a clear statement by the board requiring and/or authorizing action, used to guide and determine present and future decisions.

There are two types of policy: 1.LEGAL 2.LOCAL

(LEGAL) policies are NOT subject to board adoption. EI (LEGAL) EI(LEGAL) - P EI (LEGAL) EI(LEGAL) - A (LEGAL) versions are generally based on district characteristics.

Examples: - EI(LEGAL): K-12 - EI(LEGAL): K-6

EI (LOCAL) EI(LOCAL) – A1 EI (LOCAL) EI(LOCAL) - X (LOCAL) policies are binding once they are adopted by the board. (LOCAL) versions and unique “X” policies are based on district choices. (LOCAL) BASE VERSIONS – standard policy statements that are common to many districts (LOCAL) UNIQUE policy – a district has modified base text or provided locally developed language

Examples: -EI(LOCAL)- A1 -EI(LOCAL)-B1 -EI(LOCAL)-X

Why is (LOCAL) policy necessary? To respond to a legal requirement [BBB(LOCAL)] To reduce legal risk [FFH(LOCAL)] To declare the district’s choice amongst legal options [EI(LOCAL)] To declare or delegate authority [CH(LOCAL)]

Questions?

Administrative Regulation Administrative regulation = HOW things happen A procedure or plan, based on district policy, but left to administrative discretion in design and implementation; the action steps to implement policy

Administrative Regulations: Implement policy Provide details Serve as a directive for staff Receive board review, but not adoption

What do administrative regulations look like? Forms Flow charts Procedures Handbooks

How and where are administrative regulations maintained? Organized and cross-referenced according to the manual Model handbooks Regulations Resource Manual (RRM) District review, (esp. after local or numbered update)

Model Student Handbook (MSHB) TASB Policy Service updates the MSHB once each year. Updates incorporate changes stemming from legislation and (LEGAL) and (LOCAL) policy changes. The document is editable for customization in both English and Spanish.

Model Employee Handbook TASB HR Services updates the Model Employee Handbook once each year. Updates incorporate changes stemming from legislation, federal regulations, etc. The document is editable for customization.

Regulations Resource Manual (RRM) TASB Policy Service updates the RRM two to three times each year. Updates include: Changes stemming from legislation and (LEGAL) and (LOCAL) policy changes. Procedures and forms required by law or (LOCAL) policy. Exhibits and procedures that are either requested by districts or recommended by TASB staff.

Regulations Resource Manual (RRM) The document at each code can be saved in Word and customized according to the district’s needs. The customized document is added to the district’s collection of regulations, or handbooks, and maintained solely by the district.

Regulations Resource Manual (RRM) Includes: (EXHIBIT) -- sample forms (REGULATION) -- sample procedures Links to administrative regulations provided by collateral agencies

How do these pieces work together? Example: - (LEGAL):- (REGULATION): - (LOCAL):- (EXHIBIT):

Who has access to these resources? Access to TASB resources depends on membership and is limited based on employee’s role and authorization. Once developed, access to district resources is generally based on technology resources and constituent (i.e., administration, staff, student, parent).

Questions?

Why not adopt administrative regulations? Flexibility Responsiveness Policy

Are administrative regulations enforceable if the board does not adopt them? YES!

How will the board know? Regular communication with superintendent. The board must review, but not adopt, handbooks each year. Consider adding a monthly information item to the board agenda. District Web site.

Questions?

Use your clues… 1.Do all districts have the same LEGALs? 2.If you see this policy, what do you know about it? 3.___ says you need a “policy,” what do you do? 4.The Student Code of Conduct (SCOC) and Student Handbook are on the agenda… Do you adopt the SCOC? What do you do with the Student Handbook? 5.This item is on the agenda for adoption, what do you do? 6.You need to create a new form, what should you do first? 7.You just adopted a policy change, what else should you do?

Contact Information: TASB Policy Service Phone: Fax: Jen Cooper Angela De Los Santos Sarah Gutierrez Amy Kadlecek Kathy LondonKristin McGuire Eric NarcisseErin Oehler Judy WeedJim Williams