By George H. McShan
9/14/04 -- The value of public service that comes from being a member of a local school board is one of the purest manifestations of democracy.
Yes, as school board members, you help shape the future of a community, state, and nation -- and you do it one child at a time. Your service is invaluable, yet your actions are always subject to passing the legal litmus test of the oath you took -- to comply with the U.S. Constitution and other federal and state laws.
A legal lifeline
The more school board members know about preventive law, the more confidence they will have in establishing policies and goals, approving budgets, and communicating with the public.
School board members make decisions that are intended to help children succeed. However, with every decision there could be unintended consequences.
Even the best school boards and school districts must deal with unintended consequences. When this happens, you can always count on a lifeline for help -- NSBA's Office of General Counsel. This office is under the direction of an outstanding leader and nationally respected general counsel, Julie Underwood.
A school board's focus on student achievement can be diverted by costly litigation and legal settlements, which drain resources. Thus, public opinion sometimes becomes a liability for school leaders. This is why NSBA's Office of the General Counsel is so important. This office provides a wealth of information and support to keep local school leaders up-to-date on all kinds of legal issues -- from special education to religion in schools, from funding to employment issues.
Nationwide collaboration
As you know, I am a staunch advocate of collaboration, in all aspects of public education.
NSBA's legal services add value to so many aspects of school board governance. One of the greatest assets of the general counsel's office is extensive collaboration with attorneys connected with state school boards associations, NSBA's Council of School Attorneys (COSA), and other national education associations.
Such collaboration is essential in the preparation of amicus briefs to federal appellate courts and the U.S. Supreme Court on behalf of school districts.
One of the most recent such briefs involves a case on student privacy issues that is before the U.S. 3rd Circuit Court of Appeals. Another case involving the use of class activities to teach religion is now before the 9th Circuit Appeals Court.
It is not uncommon for other major national associations, including the associations of school superintendents, principals, and school business officials, to sign on as supporters of NSBA briefs. This kind of critical mass allows NSBA to lead with a unified voice in the courts on behalf of the nation's public schools.
Array of legal services
Some of you might not be fully aware of the breadth and depth of NSBA's legal services to local school boards and school districts. These services include the following:
• The Leadership Insider newsletter is sent to National Affiliate school districts as an insert in School Board News six times a year. Back issues and additional resource material, can be accessed from the National Affiliate section of the NSBA website (www.nsba.org/na).
• "Legal Clips," an electronic weekly newsletter with updates on court decisions and other education law issues, is circulated to some 4,000 people. Anyone can subscribe from NSBA's website.
• The "School Law Issues" section of the website is among the top 10 most frequently accessed areas. Resources include case summaries, news articles, and website links. Topics include curriculum, employment, athletics, financing, health, and much more.
• Federal guidance documents on a variety of topics can be downloaded by National Affiliates from the NSBA website. Documents cover various aspects of No Child Left Behind, affirmative action, military leave policies, student records, and privacy issues.
• The NSBA Office of General Counsel provides a monthly column in Principal Leadership, a magazine published by the National Association of Secondary School Principals.
As I travel across the nation speaking at state association conferences, including the recent annual meeting of the Oklahoma State School Boards Association, I often see NSBA's Underwood giving presentations on legal issues.
At the NSBA President's Retreat in San Antonio, Texas, in August, I observed the interesting and always insightful moot court presentation led by Underwood, which helps state school board leaders understand how the U.S. Supreme Court operates.
NSBA remains proactive and visionary on hot issues and important topics -- and its work on preventive law is a good example of collaboration. This collaboration includes a forthcoming joint statement by NSBA and other national associations that will guide school boards on the legal rights of gay and lesbian students.
Preventive law does not take the place of topical legal advice on issues specific to a particular district, and school board governance teams should always consult their attorneys to avoid a lawsuit.
However, NSBA's timely presentations and activities on preventive law lead to informed school boards. An informed school board is able to devote more time and resources to student achievement, rather than costly litigation and legal settlements.