What is the role of the School Board and what is the role of the Superintendent regarding making policy and regulation?
Rather than creating the policies themselves, the School Board on Tuesday voted 7-3 to allow the superintendent to develop regulations to comply with Code of VA 22.1-23.3 and the VDOE's Model Policies for Transgender Students.
Let’s look at law:
Code 22.1-78: A school board may adopt bylaws and regulations NOT inconsistent with state statutes and regulations….
Code 22.1-253.13.7: Each school board (not superintendent) shall ensure that policies are developed giving consideration to the views of teachers, parents and other concerned citizens
Let’s look at the School Board's own by-laws:
By-law 1-31- It is the responsibility of the School Board (not superintendent) to adopt policies for governing schools……. When changes in policy are made, these shall be prepared, notification provided to the public and staff and placed on the division website. It is the obligation of the superintendent and staff to familiarize themselves with and follow School Board policies and regulations. (if superintendent is supposed to familiarize and follow regulations, that would seem to indicate that he isn’t the one who is supposed to create them)
Code 22.1-70 Powers and Duties of the Superintendent…
A division superintendent shall perform such duties as prescribed by law, school board and state board
Policy 2-8 states that the superintendent’s responsibilities shall be enumerated in the Superintendent’s contract. So, let’s look at the contract language related to regulations:
Pg 2 item 7: shall from time to time SUGGEST regulations, policies, rules and procedures. Item 7: shall make RECOMMENDATIONS for needed policy or regulation changes.