Enhancing State funded Instruction through Fortified Neighborhood Control.


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Concentrate on Oath of Office and Ethics Requirements on School Directors - Devise Model Oath of Office, Related ... Does this Happen Because of Just Greed or Legal Obligation? ...
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Enhancing Public Education through Strengthened Local Control Roger T. Severino & Robert P. Strauss Becket Fund Heinz School Federal Reserve Bank of Cleveland, Ohio November 19, 2004

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1.0 Some Disclosures and Introduction Disclosures about the examination group : Mrs. Carrie Severino, legitimate analyst Michigan local, Grand Rapids, result of open k-12 instruction graduate of Harvard Law School agent for government judge David Sentelle Roger Severino, co-creator California local, LA , result of open k-12 training graduate of USC, The Heinz School graduate of Harvard Law School attorney for Becket Fund for Religious Liberty in DC Robert Strauss, co-creator local of University Heights, result of Cleveland-University Heights Schools previous Teamster, previous Browns fan result of Big Ten (Michigan, Wisconsin) market analyst, educator and entirely great authoritative artist principally in charge of amendments in Pa. instructor accreditation rules in late 1990s full story is at: www.heinz.cmu.edu/~rs9f

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Introduction and Objectives of Paper : - Origins of Paper, Earlier Studies of Teacher Preparation & Selection for Pennsylvania State Board of Education - Compare Corporate Governance Mechanisms to Typical School Director Governance Mechanisms (41 States Reviewed) - Focus on Oath of Office and Ethics Requirements on School Directors - Devise Model Oath of Office, Related Obligations and Incentives for School Board Directors - Hope to Convince Audience that Adopting the Proposed Model Oath of Office will enhance Student Performance

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Focal Point of Paper is the Proposed Oath of Office: I do seriously swear: to Support the constitution of the United States and to bolster the constitution and laws of the this state, to distribute school assets and impact instructive strategy exclusively with the end goal of guaranteeing that every understudy figures out how to his or her scholarly limit, and to release these obligations steadfastly, truly, fairly. furthermore, to the best of my capacity, by God.

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Argument 1 for proposed promise: History Lesson: Economics, the Law, and Oaths of Office Textbook Microeconomics of the Firm: Maximize Profits Does this Happen Because of Just Greed or Legal Obligation? What do Sole Proprietorships need to do? What do Widely Held, Publicly Traded Corporations need to do? Henry Ford and the Michigan 1919 choice Conclusion: What\'s sufficient for Henry Ford is adequate for state funded training .

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Argument 2 for proposed vow: An Experimental Approach: CEI & Public Schools Step 1: Lights Off, Please Step 2: Lights On, Please Analysis: Why did Step 1 Work? Why did Step 2 Work? CEI is a Regulated Monopoly CEI is Heavily Unionized CEI is a Big Bureaucracy CEI is Responsive Aren\'t Public Schools like CEI? Conclusion: What makes CEI works ought to be adequate to make government funded schools work.

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2.0 Duties of Corporate Directors and Officers Controlling Sources of Authority: The Corporate Charter and State Corporation and Case Law, Federal Securities Law The Duties of an Elected Corporate Board Member The Duty of Care and the Business Judgment Rule The Duty of Loyalty Derivative Law Suits

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2.1 The Duty of Care and the Business Judgment Rule Duty of Care: decidedly commits chief to perform obligations with the perseverance a sensible individual in comparative conditions would so perform Did the Director Meet his Duty of Care? The Business Judgment Rule is Met and Duty of Care is Fulfilled when: Director is not intrigued by the subject of the business judgment; Director is educated as for the subject of the business judgment to the degree the chief or officer sensibly accepts to be proper the situation being what it is; and Director soundly trusts that the business judgment is to the greatest advantage of the company."

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2.2 Duty of Loyalty Self-managing by executive happens when individual interests strife with interests of enterprise (and in this way shareholders) Self-managing can be stayed away from by earlier divulgence, and by a larger part of impartial executives or unbiased shareholders affirming the exchange after the exposure.

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2.3 Derivative Law Suits Problem: who has remaining to sue partnership and executives for inaction? Power by shareholders to sue in court is known as a subsidiary claim

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3.0 Public School Board Directors Source: Review of 40+ State Statutes (Table 1, Appendix 1) Qualifications – General, Resident of Age, Perhaps Good Moral Character Duty/Oath of Office (Table 1 Page 16-17 of Paper) All Require Upholding State and Federal Constitution 4.9% of States Require Directors to Perform Honestly 7.3% of States Require Directors to Avoid Conflicts of Interest half of States Require Directors to Perform Best of Abilities 25% of States Require Directors to Perform Impartially

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3.0 Public School Directors (proceeded with) School Directors Generally Not Compensated for Their Time

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3.1 Sovereign Immunity and Schools Sovereign Immunity – syllogism that since government is of the general population it can not be sued by the general population State law and School Codes give invulnerabilities to different terrible acts Liability can be made if School takes part in exclusive or non-legislative exercises

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3.2 Conflict of Interest and School Directors General perception: forbiddances are more clear than genuine Personal interest restrictions for the most part overcome by divulgence and/or non-support Personal interest denials in state law are regularly just preclusions on direct enthusiasm being in strife, and not backhanded enthusiasm being in struggle Two zones frequently specified: contracts and nepotism in procuring Areas frequently not controlled: land exchange interests, interests owing debtors issuance, lawyers and bookkeepers charges. Note that school code moral denials are frequently more slender than those commitments on other open authorities

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4.0 Some Comparisons Selection: corporate executives face yearly race, school chiefs face covering 4 year terms in numerous states; less responsibility Corporate checking obligations are express, school observing duties just starting to be figured it out. Few states require board individuals to survey accomplishment advancement of understudies; just NCLB is driving responsibility information frameworks to be set up Case Law sees Pay for Corporate Directors Ensuring Duty of Loyalty, no partner in School Director Case

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4.0 Comparisons (continuted) Corporate executive misbehavior is a matter for the courts School chief impropriety is a matter for state Ethics Commission which have a tendency to be remote geologically, and tight in their elucidation of infringement Conclusion: merit in joining corporate administration model onto school chiefs

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5.0 Proposed Model for School Governance I do gravely swear: to Support the constitution of the United States and to bolster the constitution and laws of the this state, to apportion school assets and impact instructive strategy exclusively with the end goal of guaranteeing that every understudy figures out how to his or her scholarly limit, and to release these obligations steadfastly, truly, fair-mindedly. furthermore, to the best of my capacity, with God as my witness.

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Proposed School Judgment Rule for Directors & Senior Education Officials "A school chief or senior training official who makes a school judgment in compliance with common decency satisfies the obligation of consideration if the school executive or senior instruction official: i) is not inspired by the subject of the school judgment; ii) is autonomously educated as for the subject of the school judgment to the degree the school executive or senior training official sensibly accepts to be suitable in light of the current situation; and iii) judiciously trusts that the school judgment is to the greatest advantage of the school area in guaranteeing that every understudy figures out how to his or her scholarly limit."

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Some Implications of Proposed Oath and Judgment Rule an) an obligation to screen, b) an obligation of request, c) an obligation to settle on judicious or sensible choices on matters that the school board or senior training authority is obliged or follows up on, and d) an obligation to utilize a sensible procedure to settle on such choices .

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6.0 Conclusions Focusing a vow on every understudy figuring out how to the best of her or his scholarly limit is a tremendous stride forward for School Board Directors Paying them and the Proposed Oath of Office makes Liability The proposed School Judgment Rule Organizes their Activities and those of Superintendents and Creates Safe Haven from Liability Any District can embrace this Model Language as can any State Without Governance Reform First, School Reform Unlikely to Happen

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