Handbook for arkansas municipal officials of pangasinan
The states and the federal government increased their visibility in public education policy from the 1950s into the twenty-first century. Individual board members are not vested with powers outside their role as a member of the local school board, although the board is often vested with power to ratify the actions of its members, agents, or employees if the ratification vote occurs in an official board meeting and is documented in the official minutes of the board.
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Because the authority of the local board lies in its status as a corporate body created by the state legislature, an actual meeting of the board is an essential prerequisite to official action. The exercise of the local board's authority must be predicated upon an express or implied delegation of authority from the legislature and must meet a test of reasonableness that avoids a judicial presumption of arbitrary or capricious action. Board members are state officers who act under color of state law when conducting the official business of the state. School boards are corporate bodies created for the purpose of implementing state legislative policy concerning public schools and locally administering the state's system of public education. Boards may also be authorized by the state legislature to levy taxes, invest resources, initiate eminent domain proceedings, acquire land, and assume bonded indebtedness. By state legislative enactment, school boards are delegated power and authority to develop policies, rules, and regulations to control the operation of the schools, including system organization, school site location, school finance, equipment purchase, staffing, attendance, curriculum, extracurricular activities, and other functions essential to the day-to-day operation of schools within the district's boundaries. A school board functions locally, within the confines of the state's delegation of power and the geographical boundaries of the district, but is a legal agency of the state and thus derives its power from the state's constitution, laws, and judicial decisions. Department of Education and the state board of education, and legal interpretations by judges, attorneys general, and administrative agencies.
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Sources of authority that influence the duties and responsibilities of the local school board include state and federal constitutions, legislative enactments, rules and regulations promulgated by the U.S. States also govern through state boards of education, administer through state departments of education, and typically provide for an elected or appointed chief state school officer. Although the powers and duties of the local board vary by state jurisdiction, all fifty states except Hawaii have a two-tiered governance structure and provide for local school districts governed by an elected or appointed board. The state legislative mandate to provide for a system of public schools is found in the state constitution, usually in language requiring a "general," "uniform," "thorough," or "efficient" system of public schools.Įven though power officially resides with the states, concerns about efficiency and local involvement are addressed through the delegation of authority from the legislative branch to the local school board. Power over public education is as essential an attribute of state sovereignty as that of the power to tax or to provide for the general welfare of the state's citizens. With the federal government limited to those powers either expressly stated or implied in the Constitution, the federal role in public education is secondary to that of the states. Constitution contains no mention of education. Legal Basis for Local School Board Powers While one researcher has suggested that lay control of schools is a myth, others have argued that the school board is essential to ensure the quality of public education services at the local level.
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Although research has affirmed the important role that local school boards played in implementing educational reforms such as student testing and graduation requirements, some critics have contended the traditional leadership and policymaking roles of local school boards have been compromised by bureaucratic intransigence, a tendency to micromanage school system operations, and divisiveness caused by special interest groups.