A Board Policy Manual That's Out of Control

Board-Savvy Superintendent

A superintendent recently asked me, “Why does the law require that schools have so many board policies? We have four binders full of them already and we’re adding new ones at every board meeting.”

She was shocked when I told her that there were fewer than 50 policies required by federal and state law (in our case, New York).

“Then, why do we have more than 500?” she asked.

It’s a good question.

Common Predicament

Many school districts are in the same predicament. Their board policy manuals have become so complex and cumbersome that no one in the district, including the superintendent, is completely aware of their contents — much less familiar with the responsibilities and/or procedures contained in the manual. Superintendents may want to consider educating their school boards about the dangers associated with this situation, and perhaps even lead an effort to eliminate unnecessary policies and streamline what remains.

The dangers of such chock-full policy manuals can range from periodic political embarrassment to expensive and difficult-to-defend legal claims. Say, for example, an overlooked board policy requires a board to wait a minimum of 60 days following a public notice to officially rename a school facility, such as a soccer field. The board wishes to honor a recently deceased soccer coach by renaming the field in her honor.

Unaware of the 60-day waiting period required by its forgotten policy, the board renames the field in 20 days. If a district resident objects to the renaming, the policy would permit him or her to challenge the action in court or through the state education agency. In New York, our state education commissioner likely would enforce the board’s policy against the district and invalidate its action. Imagine the possible embarrassment involved with canceling a well-publicized renaming ceremony under those circumstances.

Unnecessarily complex and overreaching policies also can increase a district’s risk of constitutional and other legal claims. In a federal case in 2002, a teacher in Port Jefferson Station, N.Y., claimed that school district officials violated her Equal Protection rights by failing to follow a board policy that stated teachers would be informed of any harassment complaints brought against them “as soon as they [were] lodged.” While the teacher was informed of a complaint, she was not informed “as soon as it was lodged.”

The court noted that when a district violates its own policy, that fact alone is “sufficient to allege an equal protection violation.” In other words, the school board policy complicated the district’s defense of this claim.

A Critical Eye

Understanding the gravity of these complications has prompted many of our client school boards to seek some way of getting a handle on their policy manuals.

In our experience, the actual process of simplifying and streamlining a policy manual can vary from district to district. Generally, it begins with identifying, updating and streamlining all of the policies that are legally required by federal and state law. The next step involves working with administrators and/or policy committees to review all remaining board policies.

Board members and other district officials must be taught to think critically about each policy. Does a policy simply restate existing law or regulations? Given that districts already are obligated to follow laws and regulations, there may be no obligation to include their contents in board policy. In fact, doing so may increase a district’s liability exposure because laws and regulations frequently get amended and forgotten/overlooked policies do not. Does the policy help protect the school district from liability? 

In short, board members should be asking themselves whether there is a compelling reason to have the matter addressed by a policy. If not, maybe it should be removed.

Remember this: Policy manuals always should be a tool for empowering administrators and employees to meet or exceed a school board’s goals. Each board has the power to shape that tool. But, like most tools, it must be handled carefully and thoughtfully to avoid unintended consequences.

Michael Dodd is a partner in the Ferrara Fiorenza law firm in East Syracuse, N.Y.