State Education Governance

Nevada Legislative Commission’s Committee to Study Governance and Oversight of K-12 Public Education

January 21, 2010

Kathy ChristieEducation Commission of the States

Professional vs. political Level of governor’s leadership System checks & balances Level of citizenry (layperson) input Independent oversight Increasing levels of transparency (data)

Who decides?Some Overarching Tensions

No black & white answersNo “best” model

OtherO

Other variations

More likely to be professional

educator

More likely to be in line with

governor’s vision

(CSSO)

Risk: Perception of partisanship

Appointees answer to the governor (or not)

Governor has greater influence w/board; indirect influence on

chief

Pros, Cons

Does governor appoint all or some? Does legislature confirm?

Are board terms staggered? (limits # appointed by particular

governor)

Any criteria for board members or recruitment strategies?

Choices that matterApply to other

models as well

Nominating and recruiting committee◦ Broad-based membership to recruit potential

board candidates. ◦ Prepares a list for the governor of at least three

candidates who possess outstanding professional qualifications related to the powers and duties of the state board (including but not requiring experience in areas outside of education)

◦ Section 20A-14-104

Example: Utah

Potential to broaden input, deepen

consideration & improve pool

Does the chief’s term end with the governor’s term?

Are appointments made with advice and consent of the Senate

&/or House?

Does CSSO need to meet certain criteria (i.e., former educator)

Choices that matter

Layperson influence

Less influence

You are here

Perception that CSSO less political

Board holds chief accountable (or not)

Might lack political backing to make

reforms

Pros, Cons

Partisan or nonpartisan on ballot?

State board candidates elected at large or by

district?

Staggered terms? Length of terms? Number?

Choices for election of boards

No authority over CSSO

Less likely to have ed.

background helpful in fully understandin

g complexities

Provides greater checks and balances but board and chief

might not share vision

Board cannot hold chief accountable (greater

independence for CSSO)

Board policy likely to echo governor’s vision

Pros/Cons

In powerful role

Pros, Cons

Governor in strong position but could get at odds with legislature

Risk perception of partisanship

Greater likelihood that governor, board and CSSO support same

direction. Does citizenry?

Other PossibilitiesNo board

Wisconsin- CSSO elected

Minnesota - CSSO appt. by

governor- Board abolished in

1998

Board advisory onlyNew Mexico (2004)(Public Education Commission)

- CSSO appt. by governor

State Board

Louisiana◦ 8 board members elected◦ 3 appointed by the governor◦ Board appoints chief

Ohio◦ 11 board members elected◦ 8 appointed by the governor◦ Board appoints chief

Elected and Appointed State Board; Appointed Chief

New York◦ Legislature appoints the board◦ Board appoints the CSSO

South Carolina◦ Legislature appoints the board◦ CSSO is elected

Legislature Appoints State Board; Appointed or Elected Chief

Terms matter

Mississippi◦ Governor, lieutenant governor and speaker of the

House appoint members◦ Board appoints CSSO

Washington◦ Board = 16 members

5 elected by district directors (3 for the western half of the state, 2 for the eastern)

1 at-large member elected by members of boards of directors of state-approved private schools

CSSO (who is elected) 7 members appointed by the governor 2 student members (non-voting)

Joint Appointment of State Board; Appointed or Elected Chief

Potential checks & balances

Texas◦ Governor appoints CSSO ◦ CSSO serves as executive secretary of the elected

state board

Elected Board; Governor Appointed Chief

Appointed by governor (32 states) (appoints ALL voting members in 23 states)

Elected (9 states) Appointed and elected (2 states and

D.C.) Appointed by legislature (2 states) Appointed by multiple authorities (2

states) No state board or advisory only (3 states

and D.C.)

State Boards

terms matter

Governor appoints 7-member Florida Board of Education with authority for PreK-graduate school. This change was the result of an amendment to the State Constitution adopted in 1998 (codified later as Florida Education Governance Reorganization Act of 2000).

State board appoints CSSO. Commissioner of Education is the chief educational officer of the state,

the sole custodian of the K-20 data warehouse, and is responsible for giving full assistance to the State Board of Education in K-20 education system in enforcing compliance with the mission and goals of the K-20 system except for the State University System.

A 2002 constitutional amendment created the Board of Governors to oversee the state university system (codified in 2003). Roles continue to be sorted out in legislative and board actions.

Board of Governors appoints a chancellor.

K-20 Governance - Florida

Appointed by Governor (12 states and D.C.)

Appointed by State Board of Education (24 states)

Elected (14 states)

Chief State School Officers

According to state Web sites, at least 25 governors appoint an education official to the executive cabinet. Such officials may be the superintendent or commissioner of education or the secretary of education.

Governors’ Cabinets with Education Representation

California◦ Secretary of Education◦ Superintendent of Public Instruction who serves on the

governor’s cabinet (not appointed by governor) Kentucky, Massachusetts

◦ Secretary of Education◦ Commissioner of Education (not appointed by governor)

Virginia◦ Secretary of Education (a cabinet position)◦ Superintendent of Public Instruction (not appointed by governor)

District of Columbia◦ State Superintendent of Education◦ Chancellor of Education (both appointed by the mayor)

Checks & Balances:Dual Offices for Education

Vary widely in scope of duties and structure Some have a very specific purview and

limited term of operation Others broad in scope and ongoing Most target accountability

Checks & BalancesIndependent Oversight Commissions

Checks & Balances:Examples of Oversight & transparency

Kentucky Office of Education Accountability

South Carolina Education Oversight Committee

◦ Subcommittee of the Legislative Research Commission

◦ Examines funding issues◦ Verifies accuracy of school,

district & state performance◦ Verifies accuracy of state

dept. reports◦ Conducts studies, evaluates

data on efficiencies◦ Advisory but can make

recommendations

◦ Independent, nonpartisan (18 members appointed by legislature and governor)

◦ Conducts regular review of improvement process

◦ Assesses how schools are doing

◦ Evaluates standards schools must meet

◦ Advisory but can make recommendations

Lessons from Canada

“The drive can’t be a fad. It must be permanent and it must be

irresistible.”

“It’s not important unless it’s important to the head of government.”

-- Dalton McGuintyPremier, Ontario

Meets regularly with a cross-agency “results” team.

Meets regularly with a group of 20 principals to get a sense of how all is working.

Kathy ChristieChief of StaffEducation Commission of the States303-299-3613kchristie@ecs.orgwww.ecs.org