State or local highc school rule book12/28/2023 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. 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. 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.
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