Although our model policies have been reviewed for legal compliance, VSBA model policies do not constitute legal advice. As part of the policy review and adoption process, you should consult with your school district legal counsel to resolve any questions on the legal implications of specific policy provisions.
As model policies are revised, we note the revision dates on the links to each policy. A number of revised policies have been posted with a revision date of November, 2007. These revisions are the result of work we have been doing for over a year to remove unnecessary procedural requirements from our model policies. This is a reflection of our belief that boards should concern themselves with priorities, goals and accountability, while leaving procedural matters to administrators.
The law empowers boards to "determine the educational policies of the school district" and also provides that school boards "may approve or disapprove rules and regulations proposed by the principal or superintendent for the conduct and management of the public schools in the district." The November 2007 revisions to our model policies closely adhere to the policy/procedure distinction, and frequently require that administrative rules or procedures to accompanying specific policies be developed by administrators. In those cases, this is a step that must not be overlooked.
The National School Boards Association (NSBA) provides a definition for the word "policy" which is helpful when attempting to separate the legislative responsibility of the board from the executive responsibilities of professional administrators. The NSBA defines policy this way:
"When we speak about School Board policy we speak about ideas with the power to set directions for the school system to bring about prudent action by the administration, the staff, and the board itself.
"A soundly constructed policy will...tell the administration enough so that it can get working on the task in accordance with the board's wishes..."
Another definition is that a policy approved by the board describes what should be done while implementation procedures designed and carried out by administrators describe how things will be done.
Board policy will usually be a fairly broad statement of intent. It should leave the administrative details to the people most qualified to carry out the board's intent: the school administration. As you look over the policies in this book, you will see some that are more detailed in terms of procedure than others. The policies on student discipline, for example, list specific procedures to be followed in certain discipline cases. When policies are so specific, it is usually because the law requires or encourages specificity.
Developing and maintaining a policy manual is time-consuming work. It requires vigilance on the part of both administrators and board members. There are compelling reasons for taking the time to develop policy, however, and the NSBA again counsels local boards to keep those reasons in mind.
"Just as laws of legislatures must be in writing, the policies and regulations (procedures) of a School Board should be in writing. State legislatures and the public demand it, and courts take boards to task when they attempt to enforce measures that have not been written down and made known."
There are five practical reasons for attending to policy as well: