This post was contributed by a community member. The views expressed here are the author's own.

Community Corner

The Role Of The Board Of Education

A Look At The Board; Which Has Five People Up For Reelection In November

The Board of Education (BOE) is responsible for 57.7%  ($42,914,414) of the FY2012 total budget of $74,335,161.  The BOE has nine members elected for four year terms.  In November 2011, five members will be on the ballot.

Charter

The Charter deals with the election, size (nine members) and the limitation of six from one political party on the board.  It then refers to Chapter 124 of the Connecticut General Statutes for all powers and duties of the BOE. (This appears to be an error in the Charter since the Board of Education  duties and responsibilities are now in Chapter 170 of  the state statutes.)

Find out what's happening in Waterfordwith free, real-time updates from Patch.

Ordinances

The BOE is listed as a board in the Town Government.  In another section, it is noted that a School Building Committee is established to assist the BOE in planning, constructing and maintaining the school buildings of the Town.  The BOE is also directed to provide the budget justification and fee recommendations for the Community Use of Schools. 

Find out what's happening in Waterfordwith free, real-time updates from Patch.

The BOE and BOE employees are included as subject to the Town Ethics ordinance and the requirements of the Fleet Management Plan.  The BOE also has a member on the town’s retirement commission for those BOE employees that are covered by the town’s retirement plan vice the state administered Teachers’ retirement system. 

There is also an ordinance that prohibits consumption of alcoholic beverages on school property unless permission received from the BOE and in accordance with regulations of the Connecticut Liquor Control Commission. 

Other provisions exempt the BOE from requirements.  For example the BOE is exempted from any of  the requirements of the Information Technology Committee.  The BOE, along with other boards, is exempt from any permit and license fees although the BOE must comply with the appropriate health and building regulations.  The Public Works Department is not allowed to work on BOE property without the concurrence of the BOE. 

State Statutes

As noted above, Chapter 170 (Sections 10-218 to 10-239k) outline the duties and responsibilities of the BOE. Needless to say the section is too voluminous to provide every detail in this column.  The statutes cover everything from the salary of the BOE members (none) to policies on bullying, to children testing their blood glucose levels. 

The statutes outline the reports that will be provided to the Board of Finance (BOF) by the BOE and when they should be provided.  The statutes insure that the BOE has full ability to manage its funds without any interference from the general government bodies after the initial appropriation and approval of the budget.  The BOE does have to get the approval of the general government bodies for any additional appropriations. 

Even though the general government does not have a say in how the BOE manages the schools, there is very little left to the discretion of the local board or superintendent in managing the school district.  Teacher certification is the responsibility of the State Board of Education.  The statutes outline what pesticides may be used on the grounds surrounding a school and how they should be applies. The statutes set the standard for air quality in the school.  There are also rules regarding length of the school day, the number of days school is required to be taught, and what subjects are required to graduate from high school.  State Statutes cover almost all possible situations and direct the action required by the BOE in those situations.

State statutes require that the town appropriate to the BOE no less than the amount of funds appropriated in the previous fiscal year.  There is a provision that permits a reduction if the student population had decreased from the previous year. 

State statutes even control how the BOE and the Certified employees (teachers and administrators) conduct their negotiations and what is subject to negotiation.  The parties “shall have the duty to negotiate with respect to salaries, hours, and other conditions of employment about which either party wishes to negotiate….’other conditions of employment shall not include the establishment or provisions of any retirement incentive plan authorized by section 10-183jj” (CSG 10-153a).  There is a specific negotiations time line based on the number of days prior to the budget submission to the town’s budget authority (in Waterford’s case, the Board of Finance (BOF).  This time line starts 240 days before budget submission and ends with arbitration (if necessary) 135 days before the budget submission date.  Statutes also direct what the arbitrator is able to consider during the timed arbitration process. The whole arbitration process takes a maximum of 57 days.  The Representative Town Meeting then has 25 days to reject the arbitration award by a two thirds vote.  This is one of those situations where a NO vote is YES and a YES vote is NO.  If the contract is rejected then the Commissioner of Education selects an arbitration panel to review the reason for rejection and the response from the union and issue a final and binding award on each rejected issue.  This entire process must be complete in time for a budget submission.

According to CGS 10-248a passed  by the General Assembly as Public Act 10-108, the BOF may establish an unexpended education funds account to hold any unexpended funds the BOE returns not in excess of one percent of the appropriated  BOE  budget for the previous fiscal year that may be used  for future education expenses.

We’ve removed the ability to reply as we work to make improvements. Learn more here

The views expressed in this post are the author's own. Want to post on Patch?