Recently, the NYSSBA Policy Services department presented a complimentary webinar entitled School Board and District Committees which provided an overview of the world of committees in the school district.
If you missed our webinar, don't fret. NYSSBA members have free access to watch both live and pre-recorded complimentary webinars. See www.nyssba.org/webinars .
NYSSBA recommends that boards adopt policies establishing the use of board committees (if not already in place).
NYSSBA's sample policy 2250, Board Committees, outlines the board's role in the committee process, including the board's use of committees that are "standing" (permanent and/or continuing) or "ad hoc" (temporary in nature and for a specific purpose).
An example of a standing committee is the board's audit committee or policy committee. Ad hoc committees are established for a specific period of time, until the work of the committee has been finished and reported to the board. Membership on ad hoc committees will vary according to their purpose, and may or may not be limited to board members. An example would be a board's AIDS advisory council or superintendent search committee.
In selecting committees, a balanced approach is the best practice. For example, if dealing with a building-level policy, consider appointing members to the committee representing diverse stakeholder groups. Always appoint people to committees who have specialized knowledge but also consider appointing those individuals who are less likely to be heard. Incorporating a mixture of individuals to the committee may lead to expansive ways of thinking and more engaging dialogues. NYSSBA's policy 2260, Citizens Advisory Committees, offers guidance on appointing and using the community as a resource in developing programs for the school district.
Open Meetings Law and board committees
School board members are generally familiar with the rules regarding the Open Meetings Law (OML) as it relates to school board meetings.What is less clearly understood is the application of the OML to board committees.
The state's Committee on Open Government, which interprets and provides guidance regarding implementation of the OML, advises that a meeting of a board committee is subject to OML requirements if (1) the committee or sub-committee consists of solely board members, or (2) the core membership consists of board members, or (3) the majority consists of board members. This includes an obligation to post notices and provide an opportunity for the public to attend. Meetings of advisory committees not exclusively composed of board members or committees comprised of individuals, less than half of whom are board members are generally not subject to the OML.
However there are exceptions:
Notably, committees that discuss confidential information are not subject to OML (e.g., Building-Level Emergency Response Team; Committee on Special Education).
Public participation
Meetings of certain board committees are public in the sense that they are held in public. This does not mean that they are public meetings in the same sense as "board meetings." There is no statutory requirement that the public be permitted to speak at board or committee meetings. However, the commissioner of education encourages school boards, whenever possible, to allow citizens to speak on matters under consideration.
Boards may wish to allow public participation at committee meetings which are subject to the OML. This will provide an opportunity for community members to have their concerns heard by the committee and thus encourages active participation by district residents. We recommend boards allow public participation at certain committee meetings. Members of the public can make an important contribution and be a valuable source of information to committees.
Committee leadership
Though not legally required, NYSSBA recommends each board committee appoint a chair to lead the committee through the business of planning, implementing and evaluating its work. This key person will preside over committee meetings in a manner that should encourage participation and information sharing while moving the members toward timely closure and prudent decision-making.
The chair or designee would be expected to represent the committee at board meetings, report the committee's progress and/or report to the board and public. Additional duties of the committee chair may include: planning and running committee meetings in accordance with federal and state laws and regulations as well as board policies, such as:
The chair will also be responsible for explaining and enforcing the board's policies relating to the order of business and the conduct of committee meetings. The chair would be the individual to recognize persons who desire to speak and protect the speaker who has the floor from disturbance or interference.
Committee tips and best practices
It is the board's responsibility to develop and implement policies to drive its committees. The board should ensure that these policies clearly define committee goals and objectives and reflect the board's vision. Such policies should define roles and responsibilities and identify who is responsible for what. Policies should provide the superintendent and district staff with clear guidance regarding expected district administration and allow for flexibility that is needed for day-to-day operations. Board policies on committees should include measurable outcomes.
We recommend that if the board allows for public participation at committee meetings that policy be crafted in such a way that clearly sets down the process that will be followed so as to ensure that the meeting is conducted in as orderly a manner as possible. We recommend boards adopt a policy allowing public participation at school board meetings and certain committee meetings. If your board does not have a policy, NYSSBA's sample policy 1230, Public Participation at Board Meetings, offers guidance on the practice of allowing members of the public to speak at school board meetings.
When dealing with OML it is often better to err on the side of caution. When in doubt, seek advice of counsel or contact NYSSBA's Legal Department. Additional information and guidance is available also from the Committee on Open Government at / www.dos.ny.gov/coog /.
If your district would like to request a sample policy listed above, please contact our NYSSBA Policy Services Team via email at policy@nyssba.org or at (800) 342-3360.