Agenda Item
2. First Read: Recission of Board Policy BAB: School Board Governance
Summary: The Board Policy Review Committee met and conferred regarding Board Policy BAB: School Board Governance and determined that the policy is not necessary because it is covered in whole by other board policies already in existence. Therefore, the policy should be rescinded.
Request: It is requested that the DeKalb County Board of Education rescind Board Policy BAB: School Board Governance.
Why: The Board Policy Review Committee met and conferred regarding Board Policy BAB: School Board Governance and determined that the policy is not necessary because it is covered in whole by other board policies already in existence.
Details: At the April 15, 2024 meeting of the DeKalb County Board of Education, the Board Policy Review Committee was established. The purpose of the Board Policy Review Committee is to ensure the ongoing review, development, and refinement of Board policies governing the District. The Board Policy Review Committee has the goal of promoting transparency, accountability, and compliance with state, local, and federal laws while fostering a safe, equitable, and inclusive environment for all within the District.
The Board Policy Review Committee reviewed and analyzed Board Policy BAB: School Governance and determined that it is duplicative of other policies already in existence within the District. Further, there are components of Board Policy BAB: School Governance that unintentionally create potential legal vulnerabilities for board members. As a result, it is requested that this policy be rescinded.
Financial impact: There is no financial impact to the District.
Contact: Ms. Melanie Slaton, General Counsel, Hall Booth Smith, PC Attorneys at Law (404)954-5000.
Effective: Upon Final Approval of the Board.
Status: Approved by General Counsel for First Read on June 10, 2024.
BAB SUMMARY AND RECOMMENDATION
Recommendation: Rescind policy BAB because it is duplicative and creates
legal vulnerabilities for the Board.
Reasoning: The B Policy Review Committee met on May 23, 2024 at 10:00 for
review and discussion of BAB. The committee determined that the current policy
requires the board to take and engage in actions that would create legal liability.
For example, there is language under Board Responsibilities requiring the board
to approve district actions and oversee, develop, and implement board
policies. It would be more correct to say that the board evaluates district actions
and approves some and rejects some. The board does not oversee policies or
implement policies. Those are the superintendent’s responsibilities. Another
provision says that the board shall oversee legal compliance programs and
procedures. Although, the board considers and approves policies that
encourage legal compliance, the board does not actually oversee compliance
programs and procedures
Furthermore, most of the language in this policy can be found in other policies to
include the following:
BH: Code of Ethics - includes BOE roles and responsibilities outlined in domains
related to governance structure, strategic plan, BOE and community relations,
Board Meetings, financial governance, conduct, code of ethics, training, code of
ethics and conflicts of interest and board member qualities.
BC: Board meetings – addresses Board Meetings and Annual Retreat and the
Board Calendar
BBI: Board/Staff Relations – addresses Board Contact with Operations and
Management
BBE and BBF – both partially address Board Advisors
BHA: addresses Board Member Conflict of Interest
CA: Goals and Objectives - speaks to the Board ensuring the development of a
strategic plan
CEI: specifically addresses superintendent evaluations
For these reasons, the Committee recommends rescission of Board Policy BAB:
Board Governance.