Working Report on Public School Governance
October 28, 1999

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Council of the District of Columbia
Committee on Education, Libraries and Recreation

One Judiciary Square, 441 4th Washington, DC 20001

COUNCILMEMBER KEVIN P. CHAVOUS, CHAIRMAN
COMMITTEE ON EDUCATION, LIBRARIES AND RECREATION

Working Report on Public School Governance
October 28, 1999

Why are we considering any changes?

Events over the last three years -- the take over of the Board of Education by the Control Board and the appointment of a caretaker Emergency Board of Trustees -- have virtually left DC residents without representation in the governance in their public schools. While some elements of needed reform in the DCPS have been achieved, the last three years have underscored the need to correct how we oversee and guide our public schools.

Several aspects of the structure and governance of the DCPS must be corrected before the return of power to the elected Board of Education¹: better definition of lines of authority and responsibility; a "Board of Education" with an effective number of members empowered by District voters to represent their interests and with a defined mission that enables board members to provide focused leadership.

During a hearing on School Governance held by the Committee on Education, Libraries and Recreation, held on Saturday. October 16, 1999, Councilman Chavous received testimony from citizens which articulated their desire that the Board of Education ensure that:

• The education delivered is what the public wants
• The Board is a body that represents DC residents
• Qualified people run or are appointed
  • If the Board is elected. increase the number of voters participating
  • If appointed, establish checks on appointer's power
• Ensure that the roles of Board are clear by codifying the roles by legislation
• Ensure that system will have strong site-based management

How can these changes be made?

Decreasing the number of Board of Education members can only be achieved by changing the Homerule Charter. A Charter change requires 1) a multi-step process that involves Council legislation and a referendum of DC voters (that must subsequently be approved by congress), or 2) congressional legislation approved by the President.

We can change through legislation the following:

• Years on which election is held -- hold both Board and Council election in the same Ward in the same year
• Definition of the role of Board members -- write into legislation the role and responsibility of the members and describe the relationship between the board and the superintendent
• Method of balloting -- mail-in ballots, instantaneous run-offs and the hybrid run-offs recommended by Appleseed

How other Cities and States elect or appoint their Boards

Boards of Education

According to the National School Boards Association, in 1995, the following was as true of Boards of Education across the nation:

• 93% of respondents reported that board members were elected
• Those that reported appointed boards were: Birmingham, AL; Chicago, IL; Jackson, MS; Philadelphia, PA; and the City of New York. (Boston and Cleveland also appoint their Boards)
• Only one reported a combination of appointed and elected officials -- Virginia Beach, VA
• 54% board consists of 7 members (Chicago has 15 members)
• The average percentage of eligible voters who participated in districts' last school board election was 32% the highest reported participation was 64%.

Responsibilities of the Board of Education

The following responsibilities were recommended by the DC Appleseed Center in its September 1999 Report on Reforming the DC Board of Education. Similar responsibilities are cited by the National School Boards Association and several other taskforces:

• Set the system's broad goals and objective;
• Ensure that the Superintendent shares those goals, and has the leadership and managerial abilities to run the system;
• Establish a clear understanding with the Superintendent regarding the division of responsibilities between Board and Superintendent, and then respect the Superintendent's authority and refrain from interfering with personnel and other management decisions;
• Set and monitor benchmarks for the Superintendent's progress;
• Work with the Superintendent to create a respected and effective, rules-governed process, including effective grievance procedures, for dealing with constituent problems; and
• Define (with input from the Superintendent) regular information that the superintendent will report to the Board. insist on the establishment of systems that can help generate that information, refrain from making excessive additional information requests, and utilize the information both to oversee and support the Superintendent.

The National School Boards Association states that Board members also should have the following responsibilities:

• Communicate with various constituencies. Board members should maintain a tug-way communication with school staff, students and members of the public to keep citizens informed and to keep themselves informed. "All formal means of district communications should be established in board policy an delegated to the administration."
• Advocate for children.
• Adjudicate and investigate and hear appeals from school staff members and students on issues which involve board policy implementation.

The "School Governance Act of 1999" and the "School Governance Companion Act of 1999"

On November 2, 1999, Councilman Kevin P. Chavous, Chair of the Committee on Education Libraries & Recreation will introduce the "School Governance Act of 1999" and the "School Governance Companion Act of 1999". These bills are the result of the previously mentioned hearing on School Governance; individual research on the most effective school boards in other parts of the country; and a careful review of the unique educational climate in the District of Columbia. The "School Governance Act of 1999" will make amendments to the Home Rule Charter and the "School Governance Companion Act of 1999" will make amendments to the D.C. Code. Below are the sum of the changes recommended in the two bills:

1. Continue to require that members of the Board of Education be elected by the residents of the District of Columbia;
2. Reduce the number of board members from 11 to 9;
3. Continue to require the election of a board member from each of the eight wards of the District of Columbia;
4. Require that the President of the Board of Education be elected at-large;
5. Require that each ward elect two candidates to represent their ward in a primary, and that the ward representative then be elected at-large in the next general election;
6. Require that the 8 ward members be elected at the same time as the corresponding ward Councilmember;
7. Legislating certain roles & responsibilities of the Board of Education into the Home Rule Act;
8. Requiring the Elected Board of Education and the Superintendent to develop a bi-annual "memorandum of understanding", which is approved by the Council, which further lays out the roles & responsibilities of both sides;
9. Rescinding the authority of the Board of Education to charter public charter schools;
10. Implementing a one-year residency requirement for members of the Board of Education, consistent with other elected positions in the District of Columbia;

Councilman Chavous has tentatively scheduled a hearing on the bills for Monday, November 29, 1999.

The changes recommended in the legislation referenced above are part of Councilman Chavous' overall goal of making the governance structure of public education in the District of Columbia more efficient and responsive to citizens. On September 20, 1999, Councilman Chavous introduced "The State Education Office Act of 1999" with the intention of clarifying the lines of authority and guard against conflict of interest in the application for and administration of federal funds designated education programs. The legislation would establish a State Education Office (SEO) under the Mayor of the District of Columbia that will monitor and review certain programs of the District of Columbia Public Schools and other District of Columbia LEAs and agencies in order to provide administrative guidance and oversight to the District of Columbia Public Schools. District of Columbia Public Charter Schools and other agencies.

By moving these three pieces of legislation, Councilman Chavous has sought to elevate the discussion of school governance and bring real reform to the public school system of the District of Columbia. Individuals seeking more information on the bills or on hearings of the Committee on Education, Libraries & Recreation should contact Kristy Tate at (202 )724-8056.

1. Currently, the return of power to the Board of Education is scheduled for June of 2000. It is the recommendation of the Chair of the Committee on Education' Libraries and Recreation that the District of Columbia Financial Responsibility Management Assistance Authority postpone the return of power to the elected Board, so it coincides with the beginning of the terms of the next Board of Education members to be sworn in.

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Changes in Structure of the Board of Education

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Council of the District of Columbia
Councilmember Kevin P. Chavous, Ward 7

News Release
441 4th Street, N.W. Washington, D.C. 20001

For immediate release:
Contact: Denise Reed 202/724-8068
November 1, 1999

Chavous Moves to Legislate Major Changes in Board of Education

Washington, D.C., November 1, 1999 -- Today, D.C. Councilmember Kevin P. Chavous (D Ward 7) announced that he will begin the process to amend the Home Rule Charter to correct the structure and operation of the elected Board of Education.

"The purpose of this legislation is to define the structure, and the roles and responsibilities of the elected school board," said Mr. Chavous. "I believe that the District must retain an elected Board if parents and communities are to be well-represented in their public schools. However, we need to make some major changes if the Board is to provide the needed policy guidance and oversight."

Tomorrow, Councilman Chavous will introduce legislation that will provide for:

• A Board of Education elected by the citizens of the District of Columbia;
• A reduction of the number of Board members from 11 to 9;
• An at-large election of the president of the Board of Education;
• The election of a board member from each of the eight wards of the District of Columbia;
• Elections of board members held concurrently with ward council races; and
• The introduction of a two-step election process —
  • Each ward will conduct a primary; and then,
  • The two top vote-getters would run head-to- head as at-large candidates in the general election. Voters city-wide would then select one of the candidates for each ward.

Accompanying legislation will:

1. Define the roles & responsibilities of the Board of Education and require the Elected Board of Education and the Superintendent to develop a bi-annual "memorandum of understanding;"
2. Require a two-year transition plan to be implemented by the Board by January 2002;
3. Rescind the authority of the Board of Education to charter public charter schools; and
4. Require one-year residency for candidates for the Board of Education, consistent with other elected positions in the District of Columbia.

Councilman Chavous is also recommending that the power that was transferred from the Board of Education to the Control Board be returned upon the swearing-in of the next members of the Board of Education.

Background:

On September 24, 1999, Councilman Chavous, Chair of the Committee on Education, Libraries & Recreation, began hearings on school governance. That first hearing focused on parental involvement in the local schools. On September 30, l 999, the Committee heard testimony on the State Education Office Act of 1999. The Act would establish a State Education Office to monitor the effective use of federal money and to support the achievement of standards in all public schools, including charter schools. On October 16, 1999, the Committee heard testimony from School board members, education governance experts and citizens on the structure and roles and responsibilities of the Board of Education.

"The people and their elected representatives should decide which governance structure is best suited for the District of Columbia."

The proposed legislation must be approved by the Council, signed by the Mayor and the Control Board, and voted on by the electorate during the May 2000 primary. The bill will then be sent to Congress, where it will be acted upon or approved after a pro forma 35-day review period.

"No single act has led to the necessary review of public school governance," said Mr. Chavous. "My role in mediating the dispute between the elected board this summer certainly contributed to the desire to make sure the district has the best school governance structure possible." Mr. Chavous noted that other events over the last three years forced the question of how to improve governance of the DC public schools. They are:

• The take-over of the Board of Education;
• The appointment of a caretaker Emergency Board of Trustees;
• The obvious need to represent D.C. residents in their public schools;
• The need to define the role of the State Education Authority; and
• The move toward site-based management.

At least five major education study groups have concluded studies over the last three years, including, notably, the recent report by the D.C. Appleseed Center. These studies have shown that it matters less whether a board is elected or appointed and more whether that board understands its function. They urge that boards of education focus on:

• Planning and goal setting;
• Accountability systems;
• Budget development; and
• Hiring top level administrators.

A hearing on the legislation that will be introduced during Tuesday's legislation session is scheduled for Monday, November 29, 1999.