K-12 Governance: Chief State School Officer
What are the duties of the chief state school officer?
November 2020
To view other data points click here.
|
STATE
|
Location of education provision in state constitution
|
Education provision language
|
Source
|
Funding provision
|
Source
|
Religious restriction
|
Source
|
Students with disabilities
|
Source
|
Student age
|
Source
|
School year
|
Source
|
What constitutional or statutory powers does the legislature have as it relates to education policy?
|
Source
|
What is the appointment or confirmation authority of the legislature in education?
|
Source
|
Which committees in the legislature focus on education issues?
|
Source
|
Are the legislature's duties and powers found in the state constitution and/or state statute?
|
What constitutional or statutory duties does the
governor have as it relates to education? |
Source
|
What is the appointment authority provided to the governor in education?
|
Source
|
Are the governor's duties and powers found in the state constitution and/or state statute?
|
What are the duties of the chief state school officer?
|
Source
|
What constitutional or statutory authority does the chief state school officer have as it relates to education policy?
|
Source
|
How is the chief state school officer selected, and are there term limits/lengths?
|
Source
|
Are the chief state school officer's duties and powers found in the state constitution and/or state statute?
|
Source
|
Does the state have an executive-level secretary?
|
Source
|
What other powers or duties does the executive-level secretary have?
|
Source
|
Are the executive-level secretary's duties and powers found in the state constitution and/or state statute?
|
Source
|
What constitutional or statutory powers and duties does the state board have as it relates to education policy?
|
Source
|
What is the composition of the state board of education?
|
Source
|
How are members of the state board of education selected?
|
Source
|
Are there term limits for state board members?
|
Source
|
Are the state board of education's duties and powers found in the state constitution and/or state statute?
|
Source
|
What constitutional or statutory authority do school boards have?
|
Source
|
What is the required composition and selection of school board members?
|
Source
|
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Alabama | Article XIV | It is the policy of the state of Alabama to foster and promote the education of its citizens in a manner and extent consistent with its available resources, and the willingness and ability of the individual student, but nothing in this constitution shall be construed as creating or recognizing any right to education or training at public expense, nor as limiting the authority and duty of the legislature, in furthering or providing for education, to require or impose conditions or procedures deemed necessary to the preservation of peace and order. The legislature may by law provide for or authorize the establishment and operation of schools by such persons, agencies or municipalities, at such places, and upon such conditions as it may prescribe. | Ala. Const. , § 256 | It is the policy of the state of Alabama to foster and promote the education of its citizens in a manner and extent consistent with its available resources, and the willingness and ability of the individual student, but nothing in this Constitution shall be construed as creating or recognizing any right to education or training at public expense, nor as limiting the authority and duty of the legislature, in furthering or providing for education, to require or impose conditions or procedures deemed necessary to the preservation of peace and order. The legislature may by law provide for or authorize the establishment and operation of schools by such persons, agencies or municipalities, at such places, and upon such conditions as it may prescribe, and for the grant or loan of public funds and the lease, sale or donation of real or personal property to or for the benefit of citizens of the state for educational purposes under such circumstances and upon such conditions as it shall prescribe. |
Ala. Const. , § 256 | No money raised for the support of the public schools shall be appropriated to or used for the support of any sectarian or denominational school. | Ala. Const. , § 263 | N/A | N/A | N/A | The legislative power of this state shall be vested in a legislature, which shall consist of a senate and a house of representatives. The legislature may provide for the establishment and operation of schools. |
Ala.Const. Art. IV, § 44 Ala. Const. Art. XIV § 256 |
N/A | House Education Policy Committee House Ways and Means Education Committee Senate Education Policy Committee |
House Link Senate Link |
State constitution | The supreme executive power of this state shall be vested in a chief magistrate, who shall be styled "The Governor of the State of Alabama" The governor shall take care that the laws be faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. The governor has the authority to approve or disapprove of specific items in appropriations bills. Additionally, the governor is an ex officio member of the state board of education. |
Ala. Const. Art. V § 113 Ala. Const. Art. V § 120 Ala. Const. Art. V, § 125 Ala. Const. Art. V § 126 Ala. Code § 16-3-1 |
N/A | State statute | The state superintendent of education acts as the chief executive officer of the State Department of Education. The superintendent must execute the policy of the state board. The superintendent must explain the true intent of school laws and regulations. The superintendent must convene local education leaders, administrators, and teachers on matters relating to the condition, needs and improvements of the schools. |
Ala. Code § 16-4-1 Ala. Code § 16-4-4 Ala. Code § 16-4-6 |
The superintendent must enforce the rules and regulations of the state board. The superintendent may prepare or be compelled to prepare a legislative measure for approval by the state board for the further development and improvement of public schools in the state |
Ala. Code § 16-4-4 Ala. Code § 16-4-6 Ala. Code § 16-4-20 |
The superintendent is appointed by the state board of education. The state board may enter into a contract with the superintendent for a period not to exceed four years. | Ala. Code § 16-4-1 | Statute and state constitution | Ala. Const. , § 262 Ala. Code § 16-4-4 Ala. Code § 16-4-6 |
The superintendent is the secretary and executive officer of the board. | Ala. Code § 16-3-2 | N/A | Statute | Ala. Code § 16-3-2 | The state board of education provides general supervision of the public schools in Alabama. | Ala. Const. , § 262 | The state board is composed of the governor as an ex officio member and eight members from districts prescribed by law. | Ala. Code § 16-3-1 | Voting state board members are elected from eight districts provided by law. | Ala. Code § 16-3-1 | Members serve four year terms. | Ala. Code § 16-3-1 | State constitution and statute | Ala. Code § 16-3-11 Ala. Const. , § 262 |
The general administration and supervision of the public schools of the educational interests of each county, with the exception of cities having a city board of education, shall be vested in the county board of education; provided, that such general administration and supervision of any city having a city board of education may be consolidated with the administration and control of educational matters affecting the county and vested in the county board of education. The county board of education shall exercise through its executive officer, the county superintendent of education and his professional assistants control and supervision of the public school system of the county. The board shall consult and advise through its executive officer and his professional assistants with school trustees, principals, teachers and interested citizens and shall seek in every way to promote the interest of the school sunder its jurisdiction. |
Ala. Code § 16-8-8 Ala. Code § 16-8-9 |
The county board of education shall be composed of five members, who shall be elected by the qualified electors of the county. | Ala. Code § 16-8-1 | ||||||
| Alaska | Article VII, § 1 | The legislature shall by general law establish and maintain a system of public schools open to all children of the State, and may provide for other public educational institutions. | Alaska Const. art. VII, § 1 | N/A | Schools and institutions so established shall be free from sectarian control. No money shall be paid from public funds for the direct benefit of any religious or other private educational institution. | Alaska Const. art. VII, § 1 | N/A | N/A | N/A | The legislative power of the state is vested in a legislature consisting of a senate with a membership of twenty and a house of representatives with a membership of forty. The legislature shall establish and maintain a system of public schools open to all children in the state. |
Alaska Const. art. II, § 1 Alaska Const. art. VII, § 1 |
The legislature confirms the governor's appointments to the state board in a joint session. | Alaska Stat. Ann. § 14.07.085 Alaska Const. art. III, § 26 |
House Education Committee House Education and Early Development Finance Subcommittee Senate Education Committee Senate Education and Early Development Finance Subcommittee |
Committees Link Subcommittees Link |
State constitution and state statute | The executive power of the state is vested in the governor. The governor shall be responsible for the faithful execution of the laws. Each principal department of the state shall be under the supervision of the governor. The governor has the authority to approve or disapprove bills passed by the legislature. He may, by veto, strike or reduce items in appropriation bills. |
Alaska Const. art. III, § 1 Alaska Const. art. III, § 16 Alaska Const. art. III, § 24 Alaska Const. art. II, § 15 |
The governor has appointment authority for member of the state board of education. Board members are subject to confirmation by a majority of the legislature. The governor must consider recommendations made by recognized educational associations in the state when appointing board members. The governor must also approve the board's appointment for commisisoner of education and early development. |
Alaska Stat. Ann. § 14.07.085 Alaska Stat. Ann. § 14.07.145 |
State constitution and state statute | The commissioner shall be the principal executive officer of the department. | Alaska Stat. Ann. § 14.07.145 | The commissioner may employ or terminate all persons subject to state personnel provisions. Additionally, the commissioner has the authority to prepare and execute a budget, subject to approval of the board. |
Alaska Stat. Ann. § 14.07.145 Alaska Stat. Ann. § 14.07.150 |
The commissioner is appointed by the state board of education, subject to approval by the governor. The commissioner serves at the pleasure of the board and may not be appointed by the board for a fixed term. | Alaska Stat. Ann. § 14.07.145 | Statute | Alaska Stat. Ann. § 14.07.145 | N/A | N/A | N/A | The board may adopt bylaws for the management of the department. The board must adopt statewide goals for the public education system and require each governing body to adopt written goals that are consistent with local needs. The board must also adopt regulations for the application and award of grants from the fund for the improvement of school performance, as well as regulations implementing the bond reimbursement and grant review committee. The board must adopt regulations requiring approval by the board before a charter school, state boarding school, or a public school may provide domiciliary services. Every five years, the board will review the mathematics and English and language arts curricula. Additionally, the board will annually submit a report to the legislature that describes the efforts of the board to develop, maintain, and continuously improve a comprehensive quality public education system. |
Alaska Stat. Ann. § 14.07.160 Alaska Stat. Ann. § 14.07.165 Alaska Stat. Ann. § 14.07.168 |
The state board is composed of seven members. No more than four members may be members of the same political party as the governor. One member shall be appointed from each of the four judicial districts and three from the state at large with at least one member representing regional educational attendance areas. | Alaska Stat. Ann. § 14.07.085 | The state board is appointed by the governor and is subject to confirmation by a majority of the legislature in a joint session. | Alaska Stat. Ann. § 14.07.085 | Members are appointed for overlapping five-year terms commencing on the March 1 following their appointment. | Alaska Stat. Ann. § 14.07.095 | Statute | Alaska Stat. Ann. § 14.07.075 | Duties of school boards include: - Determine and disburse the total amount to be made available for compensation of all school employees and administrative officers. - Provide for, during the school term of each year, an educational program for each school age child. - Transmit a summary report and statement of money expended. - Establish procedures for the review and selection of all textbooks and instructional materials at least once every 10 years. The school board shall appoint, compensate, and otherwise control all school employees and administration officers. |
Alaska Stat. Ann. § 14.14.090 Alaska Stat. Ann. § 14.14.060 |
Each borough and city school district with an average daily membership of 5,000 or less has a school board of five members. If the average daily membership exceeds 5,000 the school board consists of seven, nine, or eleven members, as established by ordinance. School board members are elected. | Alaska Stat. Ann. § 14.12.030 Alaska Stat. Ann. § 14.12.050 |
|||||||
| Arizona | Article XI | Section 1. A. The legislature shall enact such laws as shall provide for the establishment and maintenance of a general and uniform public school system, which system shall include: 1. Kindergarten schools. 2. Common schools. 3. High schools. 4. Normal schools. 5. Industrial schools. 6. Universities, which shall include an agricultural college, a school of mines, and such other technical schools as may be essential, until such time as it may be deemed advisable to establish separate state institutions of such character. |
Ariz. Const. art. XI, § 1 | Section 8. A. A permanent state school fund for the use of the common schools shall be derived from the sale of public school lands or other public lands specified in the enabling act approved June 20, 1910; from all estates or distributive shares of estates that may escheat to the state; from all unclaimed shares and dividends of any corporation incorporated under the laws of Arizona; and from all gifts, devises, or bequests made to the state for general educational purposes.
B. The rental derived from school lands, with such other funds as may be provided by law shall be apportioned only for common and high school education in Arizona, and in such manner as may be prescribed by law. Section 9. The amount of this apportionment shall become a part of the county school fund, and the legislature shall enact such laws as will provide for increasing the county fund sufficiently to maintain all the public schools of the county for a minimum term of six months in every school year. The laws of the state shall enable cities and towns to maintain free high schools, industrial schools, and commercial schools. |
Ariz. Const. art. XI, § 8 Ariz. Const. art. XI, § 9 |
Article XI, § 7: No sectarian instruction shall be imparted in any school or state educational institution that may be established under this constitution, and no religious or political test or qualification shall ever be required as a condition of admission into any public educational institution of the state, as teacher, student, or pupil; but the liberty of conscience hereby secured shall not be so construed as to justify practices or conduct inconsistent with the good order, peace, morality, or safety of the state, or with the rights of others. Article IX, § 10: No tax shall be laid or appropriation of public money made in aid of any church, or private or sectarian school, or any public service corporation. |
Ariz. Const. art. XI, § 7 Ariz. Const. art. IX, § 10 |
Section 1. B. The legislature shall also enact such laws as shall provide for the education and care of pupils who are hearing and vision impaired. | Ariz. Const. art. XI, § 1 | The legislature shall provide for a system of common schools by which a free school shall be established and maintained in every school district for at least six months in each year, which school shall be open to all pupils between the ages of six and twenty-one years. | Ariz. Const. art. XI, § 6 | The legislature shall provide for a system of common schools by which a free school shall be established and maintained in every school district for at least six months in each year, which school shall be open to all pupils between the ages of six and twenty-one years. | Ariz. Const. art. XI, § 6 | The legislative authority of the state shall be vested in the legislature, consisting of a senate and a house of representatives. The legislature shall enact laws to provide for the establishment and maintenance of a general and uniform public school system. |
Ariz. Const. art. IV, Pt. 1 § 1 Ariz. Const. art. XI, § 1 |
The senate may provide consent to the governor's appointments to the state board of education. | Ariz. Const. art. XI, § 3 | House Education Committee Senate Education Committee Senate Higher Education and Workforce Development Committee |
Link | State constitution | The governor shall transact all executive business with the officers of the government. The governor shall take care that the laws be faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. If any bill presented to the governor contains several items of appropriations of money, he may object to one or more of such items, while approving other portions of the bill. |
Ariz. Const. art. V, § 4 Ariz. Const. art. V, § 7 |
Each member, other than the superintendent of public instruction, shall be appointed by the governor with the consent of the senate. | Ariz. Const. art. XI, § 3 | State constitution and state statute | The state superintendent of public instruction is a member and secretary of the state board of education and is an ex officio member of any board controlling public education in the state. The superintendent of public instruction is responsible for the execution of policies decided by the state board. The superintendent is also charged with the apportionment of monies to school districts and for the direction of executive and administrative functions of the department of education. |
Ariz. Const. art. XI, § 4 Ariz. Rev. Stat. Ann. § 15-251 |
The superintendent also has the authority to establish an employee evaluation system and issue waivers from state statutory requirements. | Ariz. Rev. Stat. Ann. § 15-256 Ariz. Rev. Stat. Ann. § 15-257 |
The superintendents is elected by popular vote for a term of four years. | Ariz. Const. art. V, § 1 | Statute and state constitution. | Ariz. Rev. Stat. Ann. § 15-251 Ariz. Rev. Stat. Ann. § 15-256 Ariz. Rev. Stat. Ann. § 15-257 A.R.S. Const. Art. 11 § 4 A.R.S. Const. Art. 5 § 1 |
The state superintendent of public instruction is an ex officio member, and secretary, of the state board of education. | A.R.S. Const. Art. 11 § 4 | N/A | State constitution | A.R.S. Const. Art. 11 § 4 | The general supervision of the public education system is vested in the state board and other executive administrators. The board may adopt rules and policies it deems necessary to accomplish this purpose. The board will prepare, publish and distribute reports concerning the educational welfare of the state, and prepare a budget for expenditures. The board will also prescribe a minimum course of study, minimum competency requirements for the promotion of pupils from the third grade, the eighth grade, and graduation from high school. |
Ariz. Const. art. XI, § 2 Ariz. Rev. Stat. Ann. § 15-203 |
The state board of education shall be composed of the following members: the superintendent of public instruction, the president of a state university or a state college, four lay members, a president or chancellor of a community college district, a person who is an owner or administrator of a charter school, a superintendent of a high school district, a classroom teacher and a county school superintendent. | Ariz. Const. art. XI, § 3 | Each member, other than the superintendent of public instruction, shall be appointed by the governor with the consent of the senate. | Ariz. Const. art. XI, § 3 | Members are appointed for four-year terms beginning on the third Monday in January. | Ariz. Rev. Stat. Ann. § 15-201 | State constitution and statute | A.R.S. Const. Art. 11 § 2 Ariz. Rev. State. Ann. § 15-203 A.R.S. Const. Art. 11 § 3 |
School district governing boards will: - Prescribe and enforce policies and procedures for the governance of the schools. - Manage and control the school property within its district. - Acquire school furniture, apparatus, equipment, library books and supplies for the use of the schools. - Prescribe the curricula and criteria for the promotion and graduation of pupils. - Hold pupils to strict account for disorderly conduct on school property and discipline students for disorderly conduct on the way to and from school. - Provide for adequate supervision over pupils in instructional and non instructional activities by certificated or noncertificated personnel. - Use school monies received from the state and county school apportionment exclusively for payment of salaries of teachers and other employees and contingent expenses of the district. - Make an annual report to the county school superintendent. - Establish an assessment, data gathering and reporting system. |
Ariz. Rev. Stat. Ann. § 15-341 | School governing boards consist of three members. Members are elected. | Ariz. Rev. Stat. Ann. § 15-421 Ariz. Rev. Stat. Ann. § 15-424 |
|
| Colorado | Article IX | The general assembly shall, as soon as practicable, provide for the establishment and maintenance of a thorough and uniform system of free public schools throughout the state, wherein all residents of the state, between the ages of six and twenty-one years, may be educated gratuitously. One or more public schools shall be maintained in each school district within the state, at least three months in each year; any school district failing to have such school shall not be entitled to receive any portion of the school fund for that year. | Colo. Const. art. IX, § 2 | The public school fund of the state shall, except as provided in this article IX, forever remain inviolate and intact and the interest and other income thereon, only, shall be expended in the maintenance of the schools of the state, and shall be distributed amongst the several counties and school districts of the state, in such manner as may be prescribed by law. | Colo. Const. art. IX, § 3 | Neither the general assembly, nor any county, city, town, township, school district or other public corporation, shall ever make any appropriation, or pay from any public fund or moneys whatever, anything in aid of any church or sectarian society, or for any sectarian purpose, or to help support or sustain any school, academy, seminary, college, university or other literary or scientific institution, controlled by any church or sectarian denomination whatsoever; nor shall any grant or donation of land, money or other personal property, ever be made by the state, or any such public corporation to any church, or for any sectarian purpose. | Colo. Const. art. IX, § 7 | N/A | The general assembly shall, as soon as practicable, provide for the establishment and maintenance of a thorough and uniform system of free public schools throughout the state, wherein all residents of the state, between the ages of six and twenty-one years, may be educated gratuitously. | Colo. Const. art. IX, § 2 | One or more public schools shall be maintained in each school district within the state, at least three months in each year; any school district failing to have such school shall not be entitled to receive any portion of the school fund for that year. | Colo. Const. art. IX, § 2 | The legislative power of the state is vested in the general assembly consisting of a senate and house of representatives. The general assembly must provide for the establishment and maintenance of a uniform system of free public schools throughout the state. One or more public schools must be maintained in each school district for at least three months in each year. The general assembly is required to provide for the organization of school districts of convenient size, to be governed by three or more elected directors. |
Colo. Const. art. V, § 1 Colo. Const. art. IX, § 2 Colo. Const. art. IX, § 15 |
N/A | House Education Committee Senate Education Committee |
Link | State constitution | The supreme executive power of the state shall be vested in the governor, who shall take care that the laws be faithfully executed. The governor has the authority to approve and disapprove bills passed by the general assembly. The governor shall have the power to disapprove of any distinct item or items of any bill making appropriations of money. |
Colo. Const. art. IV, § 2 Colo. Const. art. IV, § 11 Colo. Const. art. IV, § 12 |
N/A | N/A | The commissioner of education is the chief state school officer and executive officer of the department of education. The commissioner's duties include: - Advise the state board of education on the current status of public schools and other educational matters. - Provide the state board with the necessary information to produce an annual report for the governor and legislative committees. - Prepare and submit to the state board a budget for the department and to properly execute the approved budget in accordance with appropriations.The commissioner has the following duties: - Assist the board in overseeing educator preparation programs. - Allocate reimbursements to public schools administering basic skills placement or assessment. - Enter into interagency agreements with the department of health to ensure that districts and local health agencies are able to provide student health services. - Maintain financial and academic records. |
Colo. Rev. Stat. Ann. § 22-2-112 | The commissioner's powers include: - Perform all duties required by law. - Issue instructions to school district officers concerning the government of public schools. - Prescribe the forms and items to be included in reports submitted by district officers. - Construe provisions of the school laws on questions submitted to him in writing by any school district officer or employee or other person. - Cause to be prepared, printed, and distributed report forms, registers, curriculum and instructional guides, pamphlets, and other materials as may be beneficial to personnel and pupils of the public schools. |
Colo. Rev. Stat. Ann. § 22-2-113 | The commissioner of education is appointed by the state board of education and serves at the pleasure of the board. |
Colo. Rev. Stat. Ann. § 22-2-110 | Statute | Colo. Rev. Stat. Ann. § 22-2-110 Colo. Rev. Stat. Ann. § 22-2-112 Colo. Rev. Stat. Ann. § 22-2-113 |
The commissioner of education acts as ex officio secretary of the state board without a vote. |
Colo. Rev. Stat. Ann. § 22-2-105 | N/A | Statute | Colo. Rev. Stat. Ann. § 22-2-105 | The state board of education provides general supervision over public schools in Colorado. The state board has the power to: Perform duties delegated by law. Promulgate and adopt policies, rules, and regulations. Maintain administrative organization for personnel of the department. Duties include: Aligning graduation requirements with postsecondary and workforce readiness. Recognize and address multiple and diverse pathways to diplomas offered by school districts in the state. Appoint a commissioner of education and annually evaluate the job performance of the commissioner. Approve the annual budget request for the department prior to submission. |
Colo. Const. art. IX, § 1 Colo. Rev. Stat. Ann. § 22-2-106 Colo. Rev. Stat. Ann. § 22-2-107 |
The state board of education is composed of one member elected from each congressional district in the state and, if the total number of districts is even, one member elected from the state at large. | Colo. Const. art. IX, § 1 | The state board of education is elected through popular vote. | Colo. Const. art. IX, § 1 | No member may serve more than two consecutive terms. | Colo. Const. art. XVIII, § 11 | State constitution and statute | C.R.S.A. Const. Art. 9, § 1 Colo. Rev. Stat. Ann. § 22-2-106 Colo. Rev. Stat. Ann. § 22-2-107 Colo. Rev. Stat. Ann. § 22-2-105 |
School board directors have control of instruction in the public schools of their respective districts. Specific duties include: - Adopt written bylaws, not inconsistent with law, for its organization and operation; - Adopt policies and prescribe rules and regulations necessary and proper for the efficient administration of the affairs of the district. - Determine the educational programs to be carried on in the schools of the district and to prescribe the textbooks for any course of instruction or study in such programs. - Adopt and implement preschool through elementary and secondary education standards. - Identify any areas in which one or more of the principals of the schools of the school district require further training or development. - Undertake a community-based process to develop a blueprint for the education system in the community and to determine the skills students will need to be successful after graduation. - Adopt a mission statement for the school district, which statement shall include making safety for all students and staff a priority in each public school |
Colo. Const. art. IX, § 15 Colo. Rev. Stat. Ann. § 22-32-109 Colo. Rev. Stat. Ann. § 22-32-109.1 |
School boards are composed of a minimum of three members. Members are elected by the qualified electors of the district. | Colo. Const. art. IX, § 15 | ||||
| Florida | Artilce IX | The education of children is a fundamental value of the people of the state of Florida. It is, therefore, a paramount duty of the state to make adequate provision for the education of all children residing within its borders. Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education and for the establishment, maintenance, and operation of institutions of higher learning and other public education programs that the needs of the people may require. | Fla. Const. art. IX, § 1 | The income derived from the state school fund shall, and the principal of the fund may, be appropriated, but only to the support and maintenance of free public schools. | Fla. Const. art. IX, § 6 | There shall be no law respecting the establishment of religion or prohibiting or penalizing the free exercise thereof. Religious freedom shall not justify practices inconsistent with public morals, peace or safety. No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution. | Fla. Const. art. I, § 3 | N/A | N/A | N/A | The legislative power of the state shall be vested in a legislature of the State of Florida. The legislature shall make adequate provision to ensure that there are a sufficient number of classrooms so that: -The maximum number of students for each public school teacher in prekindergarten through grade 3 does not exceed 18 students. -The maximum number of students for each public school teacher in grades 4 through 8 does not exceed 22. -The maximum number of students for each public school teacher in grades 9 through 12 does not exceed 25. The legislature is required to provide every four-year old child high quality pre-kindergarten learning opportunities including basic skills the legislature deems appropriate. |
Fla. Const. art. III, § 1 Fla. Const. art. IX, § 1 |
The senate has confirmation authority over state board of education appointments. | Fla. Stat. Ann. § 1001.01 | House Education Committee House PreK-12 Appropriations Subcommittee Senate Education Committee Senate Appropriations Subcommittee on Education |
House Link Senate Link |
State constitution and state statute | The supreme executive power shall be vested in a governor. The governor shall take care that the laws be faithfully executed, commission all officers of the state and counties, and transact all necessary business with the officers of government. When not otherwise provided for in this constitution, the governor shall fill by appointment any vacancy in state or county office for the remainder of the term of an appointive office. The governor has the authority to approve or disapprove bills passed by the legislature. The governor may veto any specific appropriation in a general appropriation bill, but may not veto any qualification or restriction without also vetoing the appropriation to which it relates. |
Fla. Const. art. IV, § 1 Fla. Const. art. III, § 8 |
The governor has the authority to appoint the members of the state board of education, subject to confirmation by the senate. | Fla. Stat. Ann. § 1001.01 | State constitution and state statute | The commissioner of education is the chief educational officer of the state and the sole custodian of the K-20 data warehouse. Additionally, the commissioner is responsible for giving full assistance to the state board of education in enforcing compliance with the goals of the K-20 education system. The commissioner also has the following duties: - Serve as the primary source of information for the legislature. - Develop and implement an integrated K-20 information system for educational management. - Administer the state school fund. - Design and implement a statewide program of educational assessment that provides information for the improvement and management of public schools. - Oversee compliance with safety and security requirements. |
Fla. Stat. Ann. § 1001.10 Fla. Stat. Ann. § 1001.11 |
The commissioner of education has the authority to organize and name the structural units of the department of education and appoint staff necessary to carry out duties that meet legislative intent and promote efficiency and accountability. The commissioner has additional authority to: - Develop and implement policies for cooperating with other public agencies - Implement a program of school improvement and education accountability that recognizes the role of district school boards in student performance and measures accountability by individual schools. - Oversee the development and implementation of the 5-year strategic plan for establishing Florida digital classrooms to assist school districts in their efforts to integrate technology in classroom teaching and learning. - With state board permission, the commissioner may waive, upon the request of a district school board, state board of education rules that relate to district school instruction and school operations |
Fla. Stat. Ann. § 1001.10 Fla. Stat. Ann. § 1001.11 |
The commissioner of education is appointed by the state board of education and serves at the pleasure of the board. |
Fla. Const. art. IX, § 2 | Statute and state constitution. | Fla. Stat. Ann. § 1001.10 Fla. Stat. Ann. § 1001.11 F.S.A. Const. Art. 9 § 2 |
N/A | N/A | N/A | The state board of education is the chief implementing and coordinating body of public education in Florida. The board is required to adopt comprehensive educational objectives for public education as well as comprehensive short-term and long-term plans for the state system of public education. The board is also required to work with the governor and legislature to develop a budget for K-20 education. The board has the authority to adopt cohesive rules within statutory authority and to enforce systemwide education goals and policies. Additionally, the board must develop/maintain curricular standards and support the department of education. The board appoints the commissioner of education. |
Fla. Const. art. IX, § 2 Fla. Stat. Ann. § 1001.02 Fla. Stat. Ann. § 1001.03 |
The state board is composed of seven members. | Fla. Const. art. IX, § 2 | Members are appointed by the governor and confirmed by the senate. | Fla. Const. art. IX, § 2 | Terms are staggered four-year terms. Members may not exceed 8 years of consecutive service. | Fla. Const. art. IX, § 2 Fla. Stat. Ann. § 1001.01 |
State constitution and statute | F.S.A. Const. Art. 9 § 2 Fla. Stat. Ann. § 1001.01 Fla. Stat. Ann. § 1001.02 Fla. Stat. Ann. § 1001.03 |
The school board operates, controls and supervises all free public schools within the school district and determines the rate of school district taxes within the limits prescribed by law.
District school boards have the following powers: - Determine policies and programs consistent for the efficient operation and general improvement of the district school system. - Prescribe and adopt standards and policies to provide each student the opportunity to receive a complete education program. - Assign students to schools. - Adopt and provide for the execution of plans for the establishment, organization, and operation of the schools of the district. - Designate positions to be filled, prescribe qualifications for those positions, and provide for the appointment, compensation, promotion, suspension, and dismissal of employees. - Prepare, adopt, and submitted the annual school budget to the Department of Education. - Assume such responsibilities and exercise such powers and perform such duties to ensure school lunch services. - Maintain a system of school improvement and education accountability. |
Fla. Const. art. IX, § 4 Fla. Stat. Ann. § 1001.41 Fla. Stat. Ann. § 1001.42 |
School boards are composed of five or more members. Members are elected in nonpartisan elections. | Fla. Const. art. IX, § 4 Fla. Stat. Ann. § 1001.34 |
||||||
| Georgia | Article VIII | The provision of an adequate public education for the citizens shall be a primary obligation of the state of Georgia. Public education for the citizens prior to the college or postsecondary level shall be free and shall be provided for by taxation, and the general assembly may by general law provide for the establishment of education policies for such public education. The expense of other public education shall be provided for in such manner and in such amount as may be provided by law. | Ga. Const. art. VIII, § 1, ¶ I | School tax funds shall be expended only for the support and maintenance of public schools, public vocational-technical schools, public education, and activities necessary or incidental thereto, including school lunch purposes. | Ga. Const. art. VIII, § 6, ¶ I | No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution. | Ga. Const. art. I, § 2, ¶ VII | N/A | N/A | N/A | The legislative power of the state shall be vested in a general assembly which shall consist of a senate and a house of representatives. The general assembly may, by general law, provide for the establishment of education policies for public education. |
Ga. Const. art. III, § 1, ¶ I Ga. Const. art. VIII, § 1, ¶ I |
The senate provides advice and consent to the governor's state board of education appointments. | Ga. Const. art. VIII, § 2, ¶ I Ga. Code Ann. § 20-2-1 |
House Education Committee Senate Education and Youth Committee |
House Link Senate Link |
State constitution and state statute | The chief executive powers shall be vested in the governor. The governor has the authority to approve or disapprove bills passed by the legislature. The governor may veto distinct appropriations in bills. The governor shall make such appointment as are authorized by the constitution or by law. |
Ga. Const. art. V, § 2, ¶ I Ga. Const. art. V, § 2, ¶ IV Ga. Const. art. V, § 2, ¶ IX Ga. Const. art. III, § 5, ¶ XIII |
The governor has the authority to appoint the members of the state board of education, subject to confirmation by the senate. | Ga. Const. art. VIII, § 2, ¶ I | State constitution | The state school superintendent is the executive officer of the state board of education. The state school superintendent shall carry out and enforce all the rules and regulations of the state board of education and the laws governing the schools receiving state aid. He shall, from time to time, make such recommendations to the state board as may affect the welfare and efficiency of the public schools. The superintendent is required to, as often as possible, visit the several counties for the purpose of examining into the administration of the school law, counseling with school officers, delivering public addresses, inspecting school operations, and doing such other acts as he may deem in the interest of public education. |
Ga. Code Ann., § 20-2-34 Ga. Code Ann., § 20-2-35 Ga. Const. art. VIII, § 3, ¶ I |
The state superintendent has the authority to suspend a county school superintendent for incompetency, willful neglect of duty, misconduct, immorality, or the commission of any crime involving moral turpitude, provided that all of his acts in this matter be subject to the approval of the state board. |
Ga. Code Ann., § 20-2-34 |
The state superintendent of schools is elected at the same time and in the same manner and for the same term of four years as the governor. | Ga. Const. art. V, § 3, ¶ I Ga. Const. art. VIII, § 3, ¶ I |
Statute and state constitution. | Ga. Code Ann., § 20-2-34 Ga. Code Ann., § 20-2-35 GA CONST Art. 5, § 3, ¶ I GA CONST Art. 8, § 3, ¶ I |
The state school superintendent serves as the executive officer of the state board of education. | GA CONST Art. 8, § 3, ¶ I | N/A | State constitution | GA CONST Art. 8, § 3, ¶ I | The state board of education is required to prepare and submit budget estimates to the governor and the general assembly. The board has general supervision of the department of education and may delegate to the state superintendent the authority to employ and dismiss employees of the department. The board may use and allocate money for educational research and preparation of publication of instructional material. Such funds must be approved by the governor. The state board is authorized to receive any federal funds made available to it for schoolhouse construction or improvement. The board is authorized to make comprehensive studies to determine the need for and location of new school buildings. |
Ga. Code Ann., § 20-2-11 Ga. Code Ann., § 20-2-13 Ga. Code Ann., § 20-2-16 |
The state board is composed of one member from each congressional district in the state. | Ga. Const. art. VIII, § 2, ¶ I Ga. Code Ann., § 20-2-1 |
State board members are appointed by the governor with the advice and consent of the senate. | Ga. Const. art. VIII, § 2, ¶ I Ga. Code Ann., § 20-2-1 |
Board members serve a 7 year term. | Ga. Const. art. VIII, § 2, ¶ I Ga. Code Ann., § 20-2-2 |
State constitution and statute | GA CONST Art. 8, § 2, ¶ I Ga. Code Ann., § 20-2-1 Ga. Code Ann., § 20-2-2 Ga. Code Ann., § 20-2-11 Ga. Code Ann., § 20-2-13 Ga. Code Ann., § 20-2-16 |
The county school superintendent and county board of education shall make rules to govern the county schools of their county. | Ga. Code Ann. § 20-2-59 | Local boards are composed of no more than seven members. Board members are elected. | Ga. Code Ann. § 20-2-49 Ga. Code Ann. § 20-2-52 |
||||
| Hawaii | Article X | The state shall provide for the establishment, support and control of a statewide system of public schools free from sectarian control, a state university, public libraries and such other educational institutions as may be deemed desirable, including physical facilities therefor. | Haw. Const. art. X, § 1 | N/A | There shall be no discrimination in public educational institutions because of race, religion, sex or ancestry; nor shall public funds be appropriated for the support or benefit of any sectarian or nonsectarian private educational institution, except that proceeds of special purpose revenue bonds authorized or issued under section 12 of Article VII may be appropriated to finance or assist: 1. Not-for-profit corporations that provide early childhood education and care facilities serving the general public; and 2. Not-for-profit private nonsectarian and sectarian elementary schools, secondary schools, colleges and universities. |
Haw. Const. art. X, § 1 | N/A | N/A | N/A | The legislative power of the state shall be vested in a legislature, which shall consist of two houses, a senate and a house of representatives. | Haw. Const. art. III, § 1 | The senate provides advice and consent to state board of education appointments. | Haw. Const. art. X, § 2 Haw. Rev. Stat. Ann. § 302A-127 |
House Committee on Lower and Higher Education Senate Committee on Education |
House Link Senate Link |
State constitution and state statute | The executive power of the state shall be vested in a governor. The governor shall be responsible for the faithful execution of the laws. Each principal department shall be under the supervision of the governor and, unless otherwise provided in this constitution or by law, shall be headed by a single executive. Such single executive shall be nominated and, by and with the advice and consent of the senate, appointed by the governor. The governor has the authority to approve or disapprove bills pased by the legislature. Except for items appropriated to be expended by the judicial and legislative branches, the governor may veto any specific item or items in any bill which appropriates money. |
Haw. Const. art. V, § 1 Haw. Const. art. V, § 5 Haw. Const. art. V, § 6 Haw. Const. art. III, § 16 |
The governor has the authority to appoint members of the board of education with the advice and consent of the senate. | Haw. Const. art. X, § 2 | State constitution | The superintendent of education shall be designated as the chief executive officer of the public school system and shall administer programs of education and public instruction throughout the state, including education at the preschool, primary, and secondary school levels, and such other programs as may be established by law. | Haw. Rev. Stat. Ann. § 302A-1111 | The superintendent has jurisdiction over the internal organization, operation, and management of the public school system, as provided by law. The superintendent has administrative authority over services generally provided to the schools excluding those services related to curriculum, instruction, assessment, and professional learning support. Except as otherwise provided, the superintendent shall sign all drafts for payments of moneys, all commissions and appointments, all deeds, official acts, or other documents of the department. |
Haw. Rev. Stat. Ann. § 302A-1111 | The board shall appoint, and may remove, the superintendent by a majority vote of its members. | Haw. Rev. Stat. Ann. § 302A-1101 | Statute. | Haw. Rev. Stat. Ann. § 302A-1101 Haw. Rev. Stat. Ann. § 302A-1111 |
N/A | N/A | N/A | The board of education shall have the power, as provided by law, to formulate statewide educational policy and appoint the superintendent of education as the chief executive officer of the public school system. The board shall establish statewide performance standards and the means to assess the standards. The board may adopt rules for the government of all teachers, educational officers, other personnel, and pupils, and for carrying out transaction of its business. |
Haw. Const. art. X, § 3 Haw. Rev. Stat. Ann. § 302A-201 Haw. Rev. Stat. Ann. § 302A-1112 |
The state board is composed of one member from the county of Hawaii, one member from the county of Maui, one member from the county of Kauai, three members from the city and county of Honolulu, and three at-large members. The governor shall select an at-large member as the chairperson. The state student council selects a nonvoting public high school student representative to the board, and the state board will invite the senior military commander in Hawaii to appoint a nonvoting military representative to the board. |
Haw. Rev. Stat. Ann. § 302A-121 | State board members are appointed by the governor with the advice and consent of the senate. | Haw. Const. art. X, § 2 Haw. Rev. Stat. Ann. § 302A-121 |
No member may serve more than three consecutive three-year terms. | Haw. Rev. Stat. Ann. § 302A-123 | State constitution and statute | Haw. Const. art. X, § 2 Haw. Const. art. X, § 3 Haw. Rev. Stat. § 302A-121 Haw. Rev. Stat. Ann. § 302A-201 Haw. Rev. Stat. Ann. § 302A-1112 |
N/A | N/A | |||||||||
| Illinois | Article X | A fundamental goal of the people of the state is the educational development of all persons to the limits of their capacities. The state shall provide for an efficient system of high quality public educational institutions and services. Education in public schools through the secondary level shall be free. There may be such other free education as the general assembly provides by law. |
Ill. Const. art. X, § 1 | The state has the primary responsibility for financing the system of public education. | Ill. Const. art. X, § 1 | Neither the general assembly nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation or pay from any public fund whatever, anything in aid of any church or sectarian purpose, or to help support or sustain any school, academy, seminary, college, university, or other literary or scientific institution, controlled by any church or sectarian denomination whatever; nor shall any grant or donation of land, money, or other personal property ever be made by the State, or any such public corporation, to any church, or for any sectarian purpose. | Ill. Const. art. X, § 3 | N/A | N/A | N/A | The legislative power is vested in a general assembly consisting of a senate and house of representatives. The state shall provide for an efficient system of high quality public educational institutions and services. Education in public schools through the secondary level shall be free. There may be such other free education as the general assembly provides by law. The state has the primary responsibility for financing the system of public education. |
Ill. Const. art. IV, § 1 Ill. Const. art. X, § 1 |
The senate provides advice and consent for governor's appointments to the state board of education. | 105 Ill. Comp. Stat. Ann. 5/1A-1 | House Appropriations Elementary and Secondary Education House Elementary & Secondary Education Senate Education Committee |
House Link Senate Link |
State constitution and state statute | The governor shall have the supreme execuitve power, and shall be responsible for the faithful execution of the laws. The governor shall nominate and, by and with the advice and consent of the senate, a majority of the members elected concurring by record vote, shall appoint all officers whose election or appointment is not otherwise provided for. The governor has the authority to approve or disapprove bills passed by the legislature. The governor has the authority to reduce or veto any item of appropriations in a bill. |
Ill. Const. art. V, § 8 Ill. Const. art. V, § 9 Ill. Const. art. IV, § 9 |
The governor has the authority to appoint the members of the state board of education with advice and consent of the senate. | 105 Ill. Comp. Stat. Ann. 5/1A-1 | State constitution and state statute | The Board shall also establish the duties, powers and responsibilities of the State Superintendent, which shall be included in the State Superintendent's performance-based contract along with the goals and indicators of student performance and academic improvement used to measure the performance and effectiveness of the State Superintendent. The State Board of Education may delegate to the State Superintendent of Education the authority to act on the Board's behalf, provided such delegation is made pursuant to adopted board policy or the powers delegated are ministerial in nature. | 105 Ill. Comp. Stat. Ann. 5/1A-4 | The Board shall also establish the duties, powers and responsibilities of the State Superintendent, which shall be included in the State Superintendent's performance-based contract along with the goals and indicators of student performance and academic improvement used to measure the performance and effectiveness of the State Superintendent. The State Board of Education may delegate to the State Superintendent of Education the authority to act on the Board's behalf, provided such delegation is made pursuant to adopted board policy or the powers delegated are ministerial in nature. | 105 Ill. Comp. Stat. Ann. 5/1A-4 | The state superintendent of education may be proposed by the governor and is appointed by the state board of education but serves pursuant to a performance-based contract that may not exceed four years. | Ill. Const. art. X, § 2 105 Ill. Comp. Stat. Ann. 5/1A-4 |
Statute and state constitution. | Ill. Const. art. X, § 2 105 Ill. Comp. Stat. Ann. 5/1A-4 |
N/A | N/A | N/A | The state board of education, except as limited by law, may establish goals, determine policies, provide for planning and evaluating education programs and recommend financing. The board appoints the state superintendent. The board will submit an annual report to the legislature on the status of education in the state. The board is provided the necessary powers to promote sound financial management and continue operation of the public schools. |
Ill. Const. art. X, § 2 105 Ill. Comp. Stat. Ann. 5/1A-4 105 Ill. Comp. Stat. Ann. 5/1A-8 |
The state board is composed of 8 members and a chairperson. Two appointees will be from counties other than Cook County and the 5 counties contiguous to Cook County, one of whom must represent the educator community. Two appointees will be from Cook County, one of whom is a resident of the City of Chicago and one of whom is a resident of that part of Cook County which lies outside the city limits of Chicago and one of whom represents the educator community. Two appointees will be selected from among the 5 counties of the State that are contiguous to Cook County, one of whom represents the educator community. Three members will be selected as members-at-large (one of which will be the chairperson). | 105 Ill. Comp. Stat. Ann. 5/1A-1 | State board members are appointed by the governor with the advice and consent of the senate. | 105 Ill. Comp. Stat. Ann. 5/1A-1 | Members may not serve more than two, four -year terms. | 105 Ill. Comp. Stat. Ann. 5/1A-2 | State constitution and statute | Ill. Const. art. X, § 2 105 Ill. Comp. Stat. Ann. 5/1A-1 105 Ill. Comp. Stat. Ann. 5/1A-2 105 Ill. Comp. Stat. Ann. 5/1A-4 105 Ill. Comp. Stat. Ann. 5/1A-8 |
The school board makes all employment decisions pertaining to the superintendent. Each board has the following powers: - To adopt and enforce all necessary rules for the management and government of the public schools of their district. - To maintain the public schools under their jurisdiction as the good of the schools may require. - To appoint all teachers and fix the amount of their salaries. - To direct what branches of study are taught, what apparatus will be used, and to direct what textbooks will be used and to enforce uniformity of textbooks in the public schools. - To report to the State Board of Education the annual student dropout rate and number of students who graduate from, transfer from or otherwise leave bilingual programs. |
105 Ill. Comp. Stat. Ann. 5/10-16.7 105 Ill. Comp. Stat. Ann. 5/10-20.5 105 Ill. Comp. Stat. Ann. 5/10-20.6 105 Ill. Comp. Stat. Ann. 5/10-20.7 105 Ill. Comp. Stat. Ann. 5/10-20.8 105 Ill. Comp. Stat. Ann. 5/10-20.25a |
School boards are composed of three members, and may be increased to seven. Board members are elected. | 105 Ill. Comp. Stat. Ann. 5/10-1 105 Ill. Comp. Stat. Ann. 5/10-4 |
||||||
| Iowa | Article IX | Section 15: The general assembly shall have power to abolish or reorganize said board of education, and provide for the educational interest of the state in any other manner that to them shall seem best and proper. | Iowa Const. art. IX, § 15 | 2nd. Section 1. The educational and school funds and lands shall be under the control and management of the general assembly of this state. 2nd. Section 3. The general assembly shall encourage, by all suitable means, the promotion of intellectual, scientific, moral, and agricultural improvement. The proceeds of all lands that have been or hereafter may be, granted by the United States to this state, for the support of schools, which may have been or shall hereafter be sold, or disposed of, and the five hundred thousand acres of land granted to the new states, under an act of congress, distributing the proceeds of the public lands among the several states of the union, approved in the year of our Lord one thousand eight hundred and forty-one, and all estates of deceased persons who may have died without leaving a will or heir, and also such percent as has been or may hereafter be granted by congress, on the sale of lands in this state, shall be, and remain a perpetual fund, the interest of which, together with all rents of the unsold lands, and such other means as the general assembly may provide, shall be inviolably appropriated to the support of common schools throughout the state. |
Iowa Const. art. IX, 2nd, § 1 Iowa Const. art. IX, 2nd, § 3 |
N/A | N/A | N/A | N/A | The legislative authority of the state shall be vested in a general assembly, which shall consist of a senate and house of representatives. No bill shall be passed unless by the assent of a majority of all the members elected to each branch of the general assembly. The educational and school funds and lands shall be under the control and management of the general assembly. The general assembly shall encourage, by all suitable means, the promotion of intellectual, scientific, moral, and agricultural improvement. The general assembly may use revenue generated by property and other sources in the state to support common schools. |
Iowa Const. art. III, § 1 Iowa Const. art. III, § 17 Iowa Const. art. IX, 2nd, § 1 |
The senate confirms appointments to the state board of education and the director of the department of education. | Iowa Code Ann. § 256.3 Iowa Code Ann. § 256.8 |
House Education Committee Senate Education Committee Education Appropriations Subcommittee |
Link | State constitution and state statute | The supreme executive power of this state shall be vested in a chief magistrate, who shall be styled the governor of the state of Iowa. The governor shall take care that the laws are faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. The governor may approve appropriation bills in whole or in part, and may disapprove any item of an appropriation bill. |
Iowa Const. art. IV, § 1 Iowa Const. art. IV, § 9 Iowa Const. art. III, § 16 |
The governor has the authority to appoint the members of the state board of education subject to senate confirmation (the nonvoting student member does not need to be confirmed by the senate). The governor also has the authority to appoint a director of the department of education subject to confirmation by the senate and the director shall serve at the pleasure of the governor. | Iowa Code Ann. § 256.3 Iowa Code Ann. § 256.8 |
State constitution and state statute | The director shall serve as the executive officer of the state board. The director shall: - Carry out programs and policies as determined by the state board. - Recommend to the state board rules necessary to implement programs and services of the department. - Transmit to the department management information about the distribution of state and federal funds pursuant to state law and rules of the department. - Develop a budget. - Submit to each regular session of the general assembly recommendations relating to revisions or amendments to the school laws. - Develop standards and instructional materials. - Provide oversight and technical assistance to local school districts. - Develop in-service and preservice training programs. - Develop and implement a comprehensive management information system. - Develop and maintain a list of approved online providers that provide course content through an online learning platform. |
Iowa Code Ann. § 256.9 | The director has the authority to: - Establish divisions of the department as necessary in addition to those prescribed by law. - Employ personnel and assign duties and responsibilities. - Conduct research on educational matters. - Appoint advisory committees. - Interpret the school laws and rules relating to the school laws. |
Iowa Code Ann. § 256.9 | The governor shall appoint a director of the department of education subject to confirmation by the senate.The director of the department of education serves at the pleasure of the governor. |
Iowa Code Ann. § 256.8 | State statute. | Iowa Code Ann. § 256.8 | The director of the department of education acts as the executive officer of the state board. | Iowa Code Ann. § 256.9 | N/A | Statute | Iowa Code Ann. § 256.9 | The state board of education shall: - Adopt and establish policy for programs and services of the department pursuant to law. - Constitute the state board for career and technical education. - Prescribe standards and procedures for the approval of practitioner preparation programs and professional development program offered in the state. - Adopt and update annually a five-year plan for the achievement of educational goals. - Adopt rules for the use of telecommunications as an instructional tool for K-12 students served by K-12 schools, community colleges, institutions of higher education under the state board of regents, and independent colleges and universities in elementary and secondary school classes and courses. - Adopt rules and procedures for accrediting all apprenticeship programs in the state. - Adopt rules relating to health services. |
Iowa Code Ann. § 256.7 | The state board of education is composed of ten members: nine voting members and one nonvoting student member. The voting members shall be registered voters in the state with not more than five voting members being members of the same political party. Three of the voting members shall have substantial knowledge of the community college system. The remaining six members shall be members of the general public. | Iowa Code Ann. § 256.3 | The voting members are appointed by the governor subject to senate confirmation. The nonvoting student member is appointed by the governor from a list of names submitted by the state board of education. | Iowa Code Ann. § 256.3 Iowa Code Ann. § 256.5A |
Members serve for 6 year terms. | Iowa Code Ann. § 256.3 | Statute | Iowa Code Ann. § 256.3 Iowa Code Ann. § 256.5A Iowa Code Ann. § 256.7 |
The board of directors of a school district operate, control, and supervise all public schools located within its district boundaries and may exercise any broad and implied power related to the operation, control, and supervision of public schools. Boards have the power to : - Determine the number of schools to be taught, divide the corporation into such wards or other divisions for school purposes as may be proper, determine the particular school which each child attends, and designate the period each school shall be held beyond the time required by law. - Establish evaluation criteria and evaluation procedures for school district personnel. |
Iowa Code Ann. § 274.3 Iowa Code Ann. § 279.11 Iowa Code Ann. § 279.14 |
In districts that include all of a city with a population greater than 15,000, boards is composed of seven members. In all other districts, boards are composed of five members; these boards may be increased to seven members. Members are elected. | Iowa Code Ann. § 277.23 Iowa Code Ann. § 277.1 |
|||||
| Kansas | Article VI | The legislature shall provide for intellectual, educational, vocational and scientific improvement by establishing and maintaining public schools, educational institutions and related activities which may be organized and changed in such manner as may be provided by law. | Kan. Const. art. VI, § 1 | (a) The legislature may levy a permanent tax for the use and benefit of state institutions of higher education and apportion among and appropriate the same to the several institutions, which levy, apportionment and appropriation shall continue until changed by statute. Further appropriation and other provision for finance of institutions of higher education may be made by the legislature. (b) The legislature shall make suitable provision for finance of the educational interests of the state. No tuition shall be charged for attendance at any public school to pupils required by law to attend such school, except such fees or supplemental charges as may be authorized by law. The legislature may authorize the state board of regents to establish tuition, fees and charges at institutions under its supervision. |
Kan. Const. art. VI, § 6 | (c) No religious sect or sects shall control any part of the public educational funds. | Kan. Const. art. VI, § 6 | N/A | N/A | N/A | The legislative power of this state shall be vested in a house of representatives and senate. The legislature shall provide for intellectual, educational, vocational and scientific improvement by establishing and maintaining public schools, educational institutions and related activities which may be organized and changed in such manner as may be provided by law. The legislature shall provide for a state board of education, which shall have general supervision of public schools, educational institutions, and all the educational interests of the state. The legislature shall provide for a state board of regents and for its control and supervision of public institutions of higher education. The legislature may prescribe overlapping terms for the state boards of education and regents. The legislature shall make provision for ten member districts for the state board of education. |
Kan. Const. art. II, § 1 Kan. Const. art. VI, § 1 Kan. Const. art. VI, § 2 Kan. Const. art. VI, § 3 |
N/A | House Education Committee House K-12 Education Budget Committee Senate Education Committee |
Link | State constitution | The supreme executive power of this state shall be vested in a governor, who shall be responsible for the enforcement of the laws of this state. The governor has the authority to approve or disapprove bills passed by the legislature. If any bill presented to the governor contains several items of appropriation of money, one or more of such items may be disapproved by the governor while the other portion of the bill is approved by the governor. |
Kan. Const. art. I, § 3 Kan. Const. art. II, § 14 |
N/A | N/A | The commissioner of education serves as the executive officer of the state board of education. |
Kan. Const. art. VI, § 4 | The commissioner exercises administrative supervision over the department of education. |
Kan. Stat. Ann. § 72-408 | The state board of education shall appoint a commissioner of education who shall serve at the pleasure of the board. | Kan. Const. art. VI, § 4 | Statute and state constitution. | Kan. Const. art. VI, § 4 Kan. Stat. Ann. § 72-408 |
N/A | N/A | N/A | The state board of education has general supervision of public schools, educational institutions and all the educational interests of the state. The state board of education shall adopt and maintain standards, criteria, guidelines or rules and regulations for school libraries, courses of study and curriculum, the accreditation of schools, and certify teachers and administrators. The board shall also administer the laws of this state concerning the matters relating to the general supervision of public schools and institutions under its supervision. The board has the authority to appoint assistant commissioners of education to perform duties prescribed by the board or the commissioner. |
Kan. Const. art. VI, § 2 Kan. Stat. Ann. § 72-255 Kan. Stat. Ann. § 72-373 |
The state board of education shall be comprised of ten members from ten individual board districts. |
Kan. Const. art. VI, § 3 Kan. Stat. Ann. § 72-245 |
All members of the state board of education are elected by voters in his or her district. | Kan. Const. art. VI, § 3 Kan. Stat. Ann. § 72-245 |
State constitution and statute | Local public schools under the general supervision of the state board of education shall be maintained, developed and operated by locally elected boards. When authorized by law, such boards may make and carry out agreements for cooperative operation and administration of educational programs under the general supervision of the state board of education. Powers of boards of education include: - Authority to prescribe courses of study for each year of the school program, adopt rules and regulations for teaching in the school district and general government thereof, and to approve and adopt suitable textbooks and study material. - Provide legal counsel at district expense to any members of the board of education, or school district officers or employees who are sued in situations relating to and arising out of the performance of their office or employment. - Transact all school district business and adopt policies that the board deems appropriate to perform its constitutional duty to maintain, develop and operate local public schools. |
Kan. Const. art. VI, § 5 Kan. Stat. Ann. § 72-1138 |
Boards are composed of seven members. Members are elected. | Kan. Stat. Ann. § 72-1072 | |||||||||||
| Kentucky | Ky. Const. § 183 | The general assembly shall, by appropriate legislation, provide for an efficient system of common schools throughout the State. | Ky. Const. § 183 | All funds accruing to the school fund shall be used for the maintenance of the public schools of the commonwealth, and for no other purpose, and the general assembly shall by general law prescribe the manner of the distribution of the public school fund among the school districts and its use for public school purposes. | Ky. Const. § 186 | No portion of any fund or tax now existing, or that may hereafter be raised or levied for educational purposes, shall be appropriated to, or used by, or in aid of, any church, sectarian or denominational school. | Ky. Const. § 189 | N/A | N/A | N/A | The legislative power shall be vested in a house of representatives and senate, which, together, shall be styled the "General Assembly of the Commonwealth of Kentucky." The general assembly shall, by appropriate legislation, provide for an efficient system of common schools throughout the state. The general assembly shall by general law prescribe the manner of the distribution of the public school fund among the school districts and its use for public school purposes. |
KY Const § 29 KY Const § 183 KY Const § 186 |
The senate and the house of representatives confirm the governor's appointments to the state board of education. | Ky. Rev. Stat. Ann. § 156.029 | House Education Committee House Budget Review Subcommittee on Postsecondary Education House Budget Review Subcommittee on Primary and Secondary Education and Workforce Development Senate Education Senate Budget Review Subcommittee on Education |
Link | State constitution and state statute | The supreme power of the Commonwealth shall be vested in a chief magistrate, who shall be styled the "Governor of the Commonwealth of Kentucky." The governor has the authority to approve or disapprove bills passed by the legislature. The governor shall have the power to disapprove any part or parts of appropriation bills embracing distinct items. |
KY Const § 69 KY Const § 88 |
The governor appoints all but one member of the state board of education, subject to confirmation by the senate and house of representatives. The president of the council on postsecondary education serves on the state board as an ex officio member. | Ky. Rev. Stat. Ann. § 156.029 | State constitution and state statute | The commissioner of education shall be the executive and administrative officer of the Kentucky board of education and shall carry out all duties assigned by law and direct the work of all persons employed in the department of education. The chief state school officer shall biennially prepare the report of the department of education to be submitted to the governor and the general assembly. |
Ky. Rev. Stat. Ann. § 156.148 Ky. Rev. Stat. Ann. § 156.250 |
The chief state school officer shall have access to all papers, books, and records of all public school officials. The commissioner may administer oaths and compel attendance for investigations or other matters relating to public schools. The commissioner is responsible for investigating and reporting any violations of law or improper use of state or school fund to the state board of education and the proper county or state attorney. |
Ky. Rev. Stat. Ann. § 156.210 | The commissioner of education is appointed by and serves at the pleasure of the state board of education. | Ky. Rev. Stat. Ann. § 156.148 | Statute | Ky. Rev. Stat. Ann. § 156.148 Ky. Rev. Stat. Ann. § 156.250 Ky. Rev. Stat. Ann. § 156.210 |
N/A | N/A | N/A | The primary function of the board shall be to develop and adopt policies and administrative regulations, with the advice of the Local Superintendents Advisory Council, by which the department of education shall be governed in planning, coordinating, administering, supervising, operating, and evaluating the educational programs, services, and activities within the department of education which are within the jurisdiction of the board. | Ky. Rev. Stat. Ann. § 156.029 | The state board of education is composed of eleven appointed members and the president of the council on postsecondary education serving in an ex officio role. Seven of the eleven appointed members shall represent each of the supreme court districts and four shall represent the state at large. | Ky. Rev. Stat. Ann. § 156.029 | Eleven members of the state board of education are appointed by the governor and confirmed by the senate and the house of representatives. | Ky. Rev. Stat. Ann. § 156.029 | Members serve 4 year terms. | Ky. Rev. Stat. Ann. § 156.029 | Statute | Ky. Rev. Stat. Ann. § 156.029 | Each board of education has general control and management of the public schools in its district and may establish schools and provide for courses and other services as it deems necessary. | Ky. Rev. Stat. Ann. § 160.290 | Boards are composed of five members, except in counties containing a city of the first class have boards of seven members. Members are elected from their district. | Ky. Rev. Stat. Ann. § 160.160 Ky. Rev. Stat. Ann. § 160.210 |
||||||
| Louisiana | Article VIII | The legislature shall provide for the education of the people of the state and shall establish and maintain a public educational system. | La. Const. Ann. art. VIII, § 1 | Section 11. The legislature shall appropriate funds for the operating and administrative expenses of the state boards created by or pursuant to this Article. Section 13. (A) The legislature shall appropriate funds to supply free school books and other materials of instruction prescribed by the State Board of Elementary and Secondary Education to the children of this state at the elementary and secondary levels. (B) The state board of elementary and secondary education, or its successor, shall annually develop and adopt a formula which shall be used to determine the cost of a minimum foundation program of education in all public elementary and secondary schools as well as to equitably allocate the funds to parish and city school systems. Such formula shall provide for a contribution by every city and parish school system. Prior to approval of the formula by the legislature, the legislature may return the formula adopted by the board to the board and may recommend to the board an amended formula for consideration by the board and submission to the legislature for approval. The legislature shall annually appropriate funds sufficient to fully fund the current cost to the state of such a program as determined by applying the approved formula in order to insure a minimum foundation of education in all public elementary and secondary schools. Neither the governor nor the legislature may reduce such appropriation, except that the governor may reduce such appropriation using means provided in the act containing the appropriation provided that any such reduction is consented to in writing by two-thirds of the elected members of each house of the legislature. The funds appropriated shall be equitably allocated to parish and city school systems according to the formula as adopted by the state board of elementary and secondary education, or its successor, and approved by the legislature prior to making the appropriation. Whenever the legislature fails to approve the formula most recently adopted by the board, or its successor, the last formula adopted by the board, or its successor, and approved by the legislature shall be used for the determination of the cost of the minimum foundation program and for the allocation of funds appropriated. |
La. Const. Ann. art. VIII, § 11 La. Const. Ann. art. VIII, § 13 |
N/A | N/A | N/A | N/A | The legislative power of the state is vested in a legislature, consisting of a senate and a house of representatives. The legislature shall provide for the education of the people of the state and shall establish and maintain a public educational system. The legislature shall create parish school boards and provide for the election of their members. The legislature shall appropriate funds for the operating and administrative expenses of the state board. |
La. Const. Ann. art. III, § 1 La. Const. Ann. art. VIII, § 1 La. Const. Art. 8, § 9 La. Const. Ann. art. VIII, § 11 |
The senate provides consent to the governor's appointments to the state board of education. | La. Const. Ann. art. VIII, § 3 La. Stat. Ann. § 17:1 |
House Education Committee Senate Education Committee |
House Link Senate Link |
State constitution and state statute | The governor shall be the chief executive officer of the state. He shall faithfully support the constitution and laws of the state and of the United States and shall see that the laws are faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. The governor may veto any line item in an appropriation bill. The governor shall veto line items or use means provided in the bill so that total appropriations for the year shall not exceed anticipated revenues for that year. The governor shall appoint, subject to confirmation by the senate, the head of each department in the executive branch whose election or appointment is not provided by this constitution and the members of each board and commission in the executive branch whose election or appointment is not provided by this constitution or by law. |
La. Const. Ann. art. IV, § 5 La. Const. Ann. art. III, § 18 |
The governor has the authority to appoint three of the members of the state board of elementary and secondary education with the consent of the senate. | La. Const. Ann. art. VIII, § 3 La. Stat. Ann. § 17:1 |
State constitution and state statute | The superintendent of education shall be the administrative head of the department of education and shall implement the policies of the state board of education and the laws affecting schools under its jurisdiction. The superintendent of education shall: - Serve as ex officio secretary of the board. - Provide services and staff to the board necessary to carry out its constitutional and statutory mandates, including preparing reports, making recommendations on contracts and agreements, and preparing a minimum foundation program - Implement the policies and programs of the board and the laws affecting schools under the jurisdiction of the board. - Employ and fix the salaries and duties of the employees of the department of education. - Provide assistance to local school districts. - Provide annual reports to the board on student progress and access to quality public education. |
La. Const. Ann. art. VIII, § 2 La. Stat. Ann. § 17:22 |
The superintendent, as the administrative head of the department, shall establish divisions within the department as are necessary or appropriate to carry out the functions vested by or under the authority of the constitution or the laws in the superintendent or in the department. The superintendent has budgetary responsibility over all funds allocated for the day to day operations and functions of the department. |
La. Stat. Ann. § 17:24 | The superintendent shall be appointed by a two-thirds vote of the total membership of the State Board of Elementary and Secondary Education. The board shall enter into a contract with the appointed superintendent that may not extend past the end of the term of office of the board members making the appointment. | La. Stat. Ann. § 17:21 La. Const. Ann. art. VIII, § 2 La. Const. Ann. art. IV, § 20 |
Statute and state constitution. | La. Stat. Ann. § 17:21 La. Stat. Ann. § 17:22 La. Stat. Ann. § 17:24 La. Const. Ann. art. VIII, § 2 La. Const. Ann. art. IV, § 20 |
The superintendent of education serves as ex officio secretary of the state board of education. | La. Stat. Ann. § 17:22 | N/A | Statute | La. Stat. Ann. § 17:22 | The state board of elementary and secondary education shall supervise and control the public elementary and secondary schools and special schools under its jurisdiction and shall have budgetary responsibility for all funds appropriated or allocated by the state for those schools. The board may adopt, amend, or repeal rules, regulations, and policies necessary or proper for the conduct of business of the board. The board may enter contracts which have been recommended by the state superintendent. The board may delegate powers and duties as necessary to the superintendent of elementary and secondary education. The board shall adopt a minimum foundation program and adopt a formula for the equitable allocation of minimum foundation funds to parish and city school systems. The board shall be responsible for all planning functions for the department of education. The board determines teacher qualifications and certification requirements. |
La. Const. Ann. art. VIII, § 3 La. Stat. Ann. § 17:6 La. Stat. Ann. § 17:7 La. Stat. Ann. § 17:7.1 |
The state board is composed of eleven members, eight of whom are elected from single-member districts. | La. Const. Ann. art. VIII, § 3 La. Stat. Ann. § 17:1 |
Eight members are elected from individual districts. Three are appointed by the governor from the state at large with consent from the senate. | La. Const. Ann. art. VIII, § 3 La. Stat. Ann. § 17:1 |
Members serve four-year terms. A member who has served for 2 and one half terms may not serve a third term. | La. Const. Ann. art. VIII, § 3 La. Stat. Ann. § 17:1 |
State constitution and statute | La. Const. Ann. art. VIII, § 3 La. Stat. Ann. § 17:1 La. Stat. Ann. § 17:6 La. Stat. Ann. § 17:7 La. Stat. Ann. § 17:7.1 |
School boards serve in a policymaking capacity that is in the best interests of all students enrolled in schools under the board's jurisdiction. School boards choose local superintendents and determine the number of schools to be opened, the location of school houses, and the number of teachers and other school personnel to be employed. Each city or parish school board is authorized to make such rules and regulations for its own government. | La. Stat. Ann. § 17:81 | The number of board members vary by parish/district. Members are elected. | La. Stat. Ann. § 17:52 | |||||
| Maine | Article VIII | A general diffusion of the advantages of education being essential to the preservation of the rights and liberties of the people; to promote this important object, the legislature are authorized, and it shall be their duty to require, the several towns to make suitable provision, at their own expense, for the support and maintenance of public schools; and it shall further be their duty to encourage and suitably endow, from time to time, as the circumstances of the people may authorize, all academies, colleges and seminaries of learning within the state; provided, that no donation, grant or endowment shall at any time be made by the legislature to any literary institution now established, or which may hereafter be established, unless, at the time of making such endowment, the legislature of the state shall have the right to grant any further powers to alter, limit or restrain any of the powers vested in any such literary institution, as shall be judged necessary to promote the best interests thereof. | Me. Const. art. VIII, Pt. 1, § 1 | N/A | N/A | N/A | N/A | N/A | The legislature, with the exceptions hereinafter stated, shall have full power to make and establish all reasonable laws and regulations for the defense and benefit of the people of this state, not repugnant to this constitution, nor to that of the United States. The legislature is authorized, and it shall be their duty to require, the several towns to make suitable provision, at their own expense, for the support and maintenance of public schools. The legislature of the state shall have the right to grant any further powers to alter, limit or restrain any of the powers vested in any such literary institution, as shall be judged necessary to promote the best interests thereof. |
Me. Const. art. IV, Pt. 3, § 1 Me. Const. art. VIII, Pt. 1, § 1 |
The joint standing committee of the legislature having jurisdiction over education reviews the governor's nomination for commissioner of the education. The legislature confirms the nominee. Governor's appointments to the state board of education are subject to review by the joint standing committee of the legislature having jurisdiction over education matters and to confirmation by the senate. |
Me. Rev. Stat. tit. 20-A, § 251 Me. Rev. Stat. tit. 20-A, § 401 |
Committee on Education and Cultural Affairs | Link | State constitution and state statute | The supreme executive power of this state shall be vested in a governor. The governor shall take care that the laws be faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. The governor has power to disapprove any dollar amount appearing in an appropriation section or allocation section, or both, of an enacted legislative document. |
Me. Const. art. V, Pt. 1, § 1 Me. Const. art. V, Pt. 1, § 12 Me. Const. art. IV, Pt. 3, § 2 Me. Const. art. IV, Pt. 3, § 2-A |
The governor has the authority to appoint the commissioner of education, subject to review by the joint standing committee of the legislature having jurisdiction over education and to confirmation by the legislature. The governor shall include the chairman of the state board of education in the selection process and consider the appraisal of the state board. The commissioner shall serve at the pleasure of the governor. The governor has the authority to appoint the members of the state board of education. Each appointment is subject to review by the joint standing committee of the legislature having jurisdiction over education matters and to confirmation by the senate. |
Me. Rev. Stat. tit. 20-A, § 251 Me. Rev. Stat. tit. 20-A, § 401 |
State statute | The commissioner is the chief executive officer of the department. The commissioner is responsible for enforcing regulatory requirements and providing technical assistance. The commissioner may inspect and have general supervision over all public schools and shall advise and direct superintendents and school boards. The commissioner shall promote the importance of ongoing training and development. The commissioner shall provide for the administration of medication within schools. The commissioner, in consultation with organizations representing school boards, administrators, teachers, and parents, shall develop statewide standards for responsible and ethical student behavior. The commissioner shall provide technical assistance to local school districts. |
Me. Rev. Stat. tit. 20-A, § 251-A Me. Rev. Stat. tit. 20-A, § 254 |
The commissioner shall exercise the powers and perform the duties granted to the department and enforce the requirements of this title and shall devote full time to the duties of the office. The commissioner may hire personnel deemed necessary to fulfill the duties of the department. The commissioner may authorize a designee to carry out the assigned duties. The commissioner shall: - Coordinate, consolidate and prepare a budget for the department. - Transfer personnel within the department to ensure their efficient utilization. - Coordinate the purchase and use of all department equipment. - Review the function and operation of the department to ensure that overlapping functions and operations are eliminated. - Provide leadership in the implementation of the system of learning results. |
Me. Rev. Stat. tit. 20-A, § 253 Me. Rev. Stat. tit. 20-A, § 254 |
The commissioner is appointed by the Governor, subject to review by the legislative education committee and confirmation by the legislature. The Governor shall include the chairman of the state board of education in the selection process and ensure that the board has an opportunity to meet and interview the candidate or candidates. The commissioner serves at the pleasure of the governor. | Me. Rev. Stat. tit. 20-A, § 251 | Statute. | Me. Rev. Stat. tit. 20-A, § 251 Me. Rev. Stat. tit. 20-A, § 251-A Me. Rev. Stat. tit. 20-A, § 253 Me. Rev. Stat. tit. 20-A, § 254 |
N/A | N/A | N/A | The state board of education is responsible for formulating policy, advising the commissioner, and enforcing regulatory requirements. The board's duties include: - Making recommendations to the legislature. - Approve the formation of school administrative districts. - Review, when necessary, decisions made by the commissioner on applications for additions to, dissolution of, transfers among, withdrawals from and closing of schools in school administrative districts and community school districts. - Establish standards for the certification of teachers. - Develop and adopt a plan for the establishment of career and technical education centers. - Approve standards for school construction. - Develop long-range education goals and standards for school performance and student performance. - Review the organization of school administrative units statewide to identify current cooperative agreements between school administrative units. |
Me. Rev. Stat. tit. 20-A, § 401-A Me. Rev. Stat. tit. 20-A, § 405 |
The state board of education is composed of nine voting members and two nonvoting student members. Four members must reside in the state's first congressional district at the time of appointment, four members must reside in the state's second congressional district at the time of appointment, and one member may reside in either congressional district. The nonvoting student members must include one junior and one senior in high school. One student must reside in the first congressional district and one student must reside in the second congressional district. | Me. Rev. Stat. tit. 20-A, § 401 | Voting members are appointed by the governor, subject to review by the joint standing committee and confirmation by the senate. The state board selects three student finalists from a competitive application process for the governor's consideration and appointment. | Me. Rev. Stat. tit. 20-A, § 401 | Student members serve two-year terms. Voting members serve five-year terms and may not serve more than any 2 five-year terms. | Me. Rev. Stat. tit. 20-A, § 401 | Statute | Me. Rev. Stat. tit. 20-A, § 401 Me. Rev. Stat. tit. 20-A, § 401-A Me. Rev. Stat. tit. 20-A, § 405 |
School boards have the following duties: - Adopt policies that govern the school administrative units. - Responsibility for the management of the schools and shall provide for their custody and care, including repairs and insurance on school buildings and all school property in the school administrative units. - Select the superintendent. - Adopt courses of study. - Operate public preschool programs, kindergarten and grades one to 12. - Adopt a policy governing the selection of educational materials. |
Me. Rev. Stat. tit. 20-A, § 1001 | The number of board members, depending on the governance structure of the district:
Boards of directors for regional school units or school administrative districts may not have fewer than five members.
A municipality has a school committee of three.
In a district that does not include kindergarten and grades one to 12, the school committee of each member town shall choose from its membership the representation on the community school district's school committee. In a district that does encompass kindergarten and grades 1-12, the member towns shall elect their representatives directly to the district school committee. Members are elected. |
Me. Rev. Stat. tit. 20-A, § 1251 Me. Rev. Stat. tit. 20-A, § 2302 Me. Rev. Stat. tit. 20-A, § 1653 Me. Rev. Stat. tit. 20-A, § 1003 |
||||||||
| Maryland | Article VIII | Section 1. The general assembly, at its first session after the adoption of this constitution, shall by law establish throughout the state a thorough and efficient system of free public schools; and shall provide by taxation, or otherwise, for their maintenance. Section 2. The system of public schools, as now constituted, shall remain in force until the end of the said first session of the general assembly, and shall then expire; except so far as adopted, or continued by the general assembly. |
Md. Const. art. VIII, § 1 Md. Const. art. VIII, § 2 |
The School Fund of the state shall be kept inviolate, and appropriated only to the purposes of education. | Md. Const. art. VIII, § 3 | N/A | N/A | N/A | N/A | The legislature shall consist of two distinct branches; a senate, and a house of delegates, and shall be styled the general assembly of Maryland. The general assembly shall have power to pass all such laws as may be necessary and proper for carrying into execution the powers vested, by the constitution, in any department, or office of the government, and the duties imposed upon them thereby. The general assembly shall by law establish throughout the state a thorough and efficient system of free public schools; and shall provide by taxation, or otherwise, for their maintenance. |
Md. Const. art. III, § 1 Md. Const. art. III, § 56 |
The senate provides advice and consent for the governor's appointments to the state board of education. | Md. Code Ann., Educ. § 2-202 | Senate Education, Health & Environmental Affairs Committee | Link | State constitution and state statute | The executive power of the state shall be vested in a governor. The governor shall take care that the laws are faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. The governor shall have the power to disapprove of any distinct item or items of any bills making appropriations of money. |
Md. Const. art. II, § 1 Md. Const. art. II, § 9 Md. Const. art. II, § 17 |
The governor has the authority to appoint the members of the state board of education with the advice and consent of the senate. | Md. Code Ann., Educ. § 2-202 | State statute | The state superintendent of education shall: - Carry out the educational policies of the state board of education. - Call and conduct conferences of county boards and professional personnel of the county school systems on the condition, needs, and improvement of the schools. - Prepare and publish pamphlets to stimulate public interest, promote the work of education, foster professional insight and efficiency in teachers. |
Md. Code Ann., Educ. § 2-303 | The state superintendent of education has the authority to: - Approve or disapprove of purchase, sale, remodel, or construction of new school buildings. - Certify professional personnel in public schools. - Approve a program of instruction. - Provide visual aids, educational television, and other aids to facilitate instruction. - Establish the Early Childhood Development Division. |
Md. Code Ann., Educ. § 2-303 | The state superintendent of education is appointed by the state board of education for a term of four years. | Md. Code Ann., Educ. § 2-302 | Statute. | Md. Code Ann., Educ. § 2-302 Md. Code Ann., Educ. § 2-303 |
N/A | N/A | N/A | The state board shall: - Determine the elementary and secondary educational policies of this state. - Adopt bylaws, rules, and regulations, for administration of public schools. - Institute legal proceedings to enforce article, bylaws, rules, and regulations. - Exercise general control over public schools and the educational interests of the state, except for Baltimore schools. - Establish basic policy and guidelines for the program of instruction for the public schools. - Recommend an annual budget to the governor. - Coordinate the growth and development of elementary and secondary education in the state. |
Md. Code Ann., Educ. § 2-205 | The state board is composed of eleven regular members appointed from the general public and one student member that is regularly enrolled and in good standing in a public high school in the state. One member will be a teacher and one must be a parent. | Md. Code Ann., Educ. § 2-202 | Members of the state board of education are appointed by the governor with the advice and consent of the senate. The governor will appoint the teacher member who received the most votes by teachers in the state, the parent member from a list of qualified individuals submitted by the PTA, and the student member from a list of two people submitted by the Maryland Association of Student Councils. | Md. Code Ann., Educ. § 2-202 | Student members serve a one-year term, and may not serve more than two terms. Regular members serve four-year terms, and may not serve more than 2 four-year terms. | Md. Code Ann., Educ. § 2-202 | Statute | Md. Code Ann., Educ. § 2-202 Md. Code Ann., Educ. § 2-205 |
County board responsibilities include:
-Carrying out the applicable provisions of this article and the bylaws, rules, regulations, and policies of the State Board. - Maintaining throughout its county a reasonably uniform system of public schools that is designed to provide quality education and equal educational opportunity for all children. - Determining, with the advice of the county superintendent, the educational policies of the county school system; and - Adopting, codifying, and making available to the public bylaws, rules, and regulations not inconsistent with State law, for the conduct and management of the county public schools. |
Md. Code Ann., Educ. § 4-108 | The number of county board members vary. In a county school system with an enrollment of less than 50,000 students, the county board is composed of five members. In a county school system with an enrollment of 50,000 students or more but less than 100,000 students, the county board is composed of seven members. In a county school system with an enrollment of 100,000 students or more, the county board is composed of nine members. Certain exceptions are made for certain counties. | Md. Code Ann., Educ. § 3-105 |
|||||||
| Michigan | Article VIII | Section 1. Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. Section 2. The legislature shall maintain and support a system of free public elementary and secondary schools as defined by law. Every school district shall provide for the education of its pupils without discrimination as to religion, creed, race, color or national origin. |
MI CONST Art. 8, § 1 MI CONST Art. 8, § 2 |
There shall be established a state school aid fund which shall be used exclusively for aid to school districts, higher education, and school employees' retirement systems, as provided by law. Sixty percent of all taxes imposed at a rate of 4% on retailers on taxable sales at retail of tangible personal property, 100% of the proceeds of the sales and use taxes imposed at the additional rate of 2% provided for in section 8 of this article, and other tax revenues provided by law, shall be dedicated to this fund. Payments from this fund shall be made in full on a scheduled basis, as provided by law. Beginning in the 1995-96 state fiscal year and each state fiscal year after 1995-96, the state shall guarantee that the total state and local per pupil revenue for school operating purposes for each local school district shall not be less than the 1994-95 total state and local per pupil revenue for school operating purposes for that local school district, as adjusted for consolidations, annexations, or other boundary changes. However, this guarantee does not apply in a year in which the local school district levies a millage rate for school district operating purposes less than it levied in 1994. | MI CONST Art. 9, § 11 | No public monies or property shall be appropriated or paid or any public credit utilized, by the legislature or any other political subdivision or agency of the state directly or indirectly to aid or maintain any private, denominational or other nonpublic, pre-elementary, elementary, or secondary school. No payment, credit, tax benefit, exemption or deductions, tuition voucher, subsidy, grant or loan of public monies or property shall be provided, directly or indirectly, to support the attendance of any student or the employment of any person at any such nonpublic school or at any location or institution where instruction is offered in whole or in part to such nonpublic school students. The legislature may provide for the transportation of students to and from any school. | MI CONST Art. 8, § 2 | Institutions, programs and services for the care, treatment, education, or rehabilitation of those inhabitants who are physically, mentally or otherwise seriously disabled shall always be fostered and supported. | MI CONST Art. 8, § 8 | N/A | N/A | The legislative power of the state of Michigan is vested in a senate and house of representatives. The legislature shall maintain and support a system of free public elementary and secondary schools as defined by law. Every school district shall provide for the education of its pupils without discrimination as to religion, creed, race, color, or national origin. No public monies or property shall be appropriated or paid or any public credit utilized, by the legislature or any other political subdivision or agency of the state directly or indirectly to aid or maintain any private, denominational or other nonpublic, pre-elementary, elementary, or secondary school. |
MI CONST Art. 4, § 1 MI CONST Art. 8, § 2 |
N/A | House Committee on Education Senate Education and Career Readiness |
Link | State constitution | The executive power is vested in the governor. The governor has the authority to approve or disapprove bills passed by the legislature. The governor may disapprove any distinct item or items appropriating moneys in any appropriation bill. |
MI CONST Art. 5, § 1 MI CONST Art. 4, § 33 MI CONST Art. 5, § 19 |
N/A | N/A | The state superintendent of public instruction shall be the chairman of the board of education without the right to vote, and shall be responsible for the execution of its policies. The state superintendent of the public instruction is principal executive officer of the department of education. |
MI CONST Art. 8, § 3 Mich. Comp. Laws Ann. § 16.405 |
The state superintendent of the public instruction is principal executive officer of the department of education. |
Mich. Comp. Laws Ann. § 16.405 | The state board of education shall appoint a superintendent of public instruction whose term of office shall be determined by the board. | MI CONST Art. 8, § 3 | Statute and state constitution. | MI CONST Art. 8, § 3 | N/A | N/A | N/A | Leadership and general supervision over all public education, including adult education and instructional programs in state institutions, except as to institutions of higher education granting baccalaureate degrees, is vested in a state board of education. It shall serve as the general planning and coordinating body for all public education, including higher education. The state board appoints the superintendent of education and serves as the head of the department of education. |
MI CONST Art. 8, § 3 Mich. Comp. Laws Ann. § 16.401 |
The state board is composed of eight members. The superintendent is the chairman of the board and a nonvoting member, and the governor is an ex-officio, non-voting member. | MI CONST Art. 8, § 3 Mich. Comp. Laws Ann. § 16.404 |
Board members are nominated at party conventions and elected. | MI CONST Art. 8, § 3 Mich. Comp. Laws Ann. § 16.404 |
Members serve eight year terms. | MI CONST Art. 8, § 3 Mich. Comp. Laws Ann. § 16.404 |
State constitution and statute | MI CONST Art. 8, § 3 Mich. Comp. Laws Ann. § 16.401 Mich. Comp. Laws Ann. § 16.404 |
Michigan is organized into local school districts (community school districts and districts of the first class) and intermediate school districts. An intermediate school district is a body corporate governed by an intermediate school board. A general powers school district is a body corporate and shall be governed by a school board. The rights, powers and duties of an intermediate school district and a general powers school district include: - Educating pupils -Providing for the safety and welfare of pupils while at school or a school sponsored activity. -Acquiring, constructing, maintaining, repairing, renovating, disposing of, or conveying intermediate school district property, facilities, equipment, technology, or furnishings. -Hiring, contracting for, scheduling, supervising, or terminating employees, independent contractors, and others to carry out intermediate school district powers. An intermediate school district may indemnify its employees. -Receiving, accounting for, investing, or expending intermediate school district money; borrowing money and pledging intermediate school district funds for repayment; and qualifying for state school aid and other public or private money from local, regional, state, or federal sources. |
Mich. Comp. Laws Ann. § 380.604 Mich. Comp. Laws Ann. § 380.601a Mich. Comp. Laws Ann. § 380.11a |
School boards are composed of seven members. Members are elected. Certain intermediate school boards are composed of seven members. Intermediate school board members may be elected or appointed. |
Mich. Comp. Laws Ann. § 380.384 Mich. Comp. Laws Ann. § 380.11a Mich. Comp. Laws Ann. § 380.611 Mich. Comp. Laws Ann. § 380.612 |
|||||||
| Mississippi | Article VIII | The legislature shall, by general law, provide for the establishment, maintenance and support of free public schools upon such conditions and limitations as the legislature may prescribe. | Miss. Const. , § 201 | There shall be a state common-school fund, to be taken from the General Fund in the state treasury, which shall be used for the maintenance and support of the common schools. Any county or separate school district may levy an additional tax, as prescribed by general law, to maintain its schools. The state common-school fund shall be distributed among the several counties and separate school districts in proportion to the number of educable children in each, to be determined by data collected through the office of the state superintendent of education in the manner to be prescribed by law. | Miss. Const. , § 206 | No religious or other sect or sects shall ever control any part of the school or other educational funds of this state; nor shall any funds be appropriated toward the support of any sectarian school, or to any school that at the time of receiving such appropriation is not conducted as a free school. | Miss. Const. , § 208 | It shall be the duty of the legislature to provide by law for the support of institutions for the education of the deaf, dumb, and blind. | Miss. Const. , § 209 | N/A | N/A | The legislative power of this state shall be vested in a legislature which shall consist of a senate and a house of representatives. The legislature shall, by general law, provide for the establishment, maintenance and support of free public schools upon such conditions and limitations as the legislature may prescribe. The legislature shall by general law prescribe the compensation which members of the board shall be entitled to receive. |
Miss. Const. , § 33 Miss. Const. , § 201 Miss. Const. , § 203 |
The speaker of the house of representatives shall appoint two state board of education members from the state at large. The senate provides advice and consent for all state board of education appointments and the appointment of the superintendent of public instruction. |
Miss. Code. Ann. § 37-1-1 Miss. Const. , § 202 Miss. Code. Ann. § 37-3-9 |
House Education Committee Senate Education Committee |
Link | State constitution and state statute | The chief executive power of this state shall be vested in a governor. The governor shall see that the laws are faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. The governor may veto parts of any appropriation bill. |
Miss. Const. , § 116 Miss. Const. , § 123 Miss. Const. , § 72 Miss. Const. , § 73 |
The governor has the authority to appoint five of the nine members of the state board of education with the advice and consent of the senate. | Miss. Code. Ann. § 37-1-1 | State statute | The superintendent of public education shall be the chief administrative officer for the state department of education and shall administer the department in accordance with the policies established by the state board of education. Additionally, the superintendent serves as secretary for the state board of education. The superintendent shall: - Collect data and make it available to the state board for determining the proper distribution of the state common school funds. - Recommend rules and regulations for the supervision of the public schools to the state board. - Meet all superintendents annually for the purpose of accumulating facts relative to schools, to review the educational progress made in the various sections of the state. - Advise all superintendents upon all matters involving the welfare of the schools, and at the request of any superintendent, to give an opinion upon a written statement of facts on all questions and controversies arising out of the interpretation and construction of the school laws. - Collect and analyze all data relating to test results, evaluations, and other indicators that are used to formulate policy and serve as a basis for short-range and long-range planning. |
Miss. Const. , § 202 Miss. Code. Ann. § 37-3-9 Miss. Code. Ann. § 37-3-11 Miss. Code. Ann. § 37-3-12 |
Subject to the direction of the state board of education as provided by law, the administration, management and control of the department is hereby vested in the state superintendent, who shall be directly responsible for the rightful functioning thereof. |
Miss. Code. Ann. § 37-3-5 | The superintendent of public instruction is appointed by the state board of education with the advice and consent of the senate. The superintendent serves at the pleasure of the board. | Miss. Const. , § 202 Miss. Code. Ann. § 37-3-9 Miss. Code. Ann. § 37-3-11 |
Statute and state constitution. | Miss. Const. , § 202 Miss. Code. Ann. § 37-3-9 Miss. Code. Ann. § 37-3-11 |
The state superintendent of public education shall serve as secretary to the state board of education. | Miss. Code Ann. § 37-3-11 | N/A | Statute | Miss. Code Ann. § 37-3-11 | The state board of education shall adopt rules and regulations and set standards and policies for the organization, operation, management, planning, budgeting and programs of the state department of education. The board is directed to identify, maintain, and provide the necessary organizational structure for department of education to perform its duties. The board, with recommendations from the superintendent, designs and maintains a five-year plan and program for educational improvement with objectives for system performance and development, and serves as the basis for budget requests and legislative initiatives. The board must maintain a system-wide plan of performance, policy and directions of public education not otherwise provided for. The board shall adopt and maintain a curriculum and a course of study to be used in the public school districts that is designed to prepare the state's children and youth to be productive. |
Miss. Const. , § 203 Miss. Code. Ann. § 37-1-3 |
The state board is composed of nine members. Three members come from identified Supreme Court Districts. Two members must be active, full-time school administrators. The remaining members serve as at-large members. | Miss. Const. , § 203 Miss. Code. Ann. § 37-1-1 |
Board members are appointed by the governor, lieutenant governor or the speaker of the house of representatives. | Miss. Const. , § 203 Miss. Code. Ann. § 37-1-1 |
Members serve nine year terms | Miss. Const. , § 203 Miss. Code. Ann. § 37-1-1 |
State constitution and statute | Miss. Const. , § 203 Miss. Code. Ann. § 37-1-1 Miss. Code. Ann. § 37-1-3 |
School boards have the following powers: - To organize and operate the schools of the district. - To introduce public school music, art, manual training and other special subjects into either the elementary or high school grades. - To be the custodians of real and personal school property with responsibility for the erection, repairing and equipping of school facilities. - To suspend or to expel a pupil or to change the placement of a pupil to the school district's alternative school or homebound program for misconduct in the school or on school property. - To enforce in the schools the courses of study and the use of the textbooks prescribed by the proper authorities. - To select all school district personnel in the manner provided by law. - To provide athletic programs and other school activities and to regulate the establishment and operation of such programs. |
Miss. Code. Ann. § 37-7-301 | School boards are composed of five trustee members. Trustees of a municipal separate school district are elected by a majority of the governing authorities of the municipality. | Miss. Code. Ann. § 37-7-203 | |||
| Missouri | Article IX | A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the general assembly shall establish and maintain free public schools for the gratuitous instruction of all persons in this state within ages not in excess of twenty-one years as prescribed by law. | Mo. Const. art. IX, § 1(a) | All appropriations by the state for the support of free public schools and the income from the public school fund shall be paid at least annually and distributed according to law. | Mo. Const. art. IX, § 3(a) | Neither the general assembly, nor any county, city, town, township, school district or other municipal corporation, shall ever make an appropriation or pay from any public fund whatever, anything in aid of any religious creed, church or sectarian purpose, or to help to support or sustain any private or public school, academy, seminary, college, university, or other institution of learning controlled by any religious creed, church or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the state, or any county, city, town, or other municipal corporation, for any religious creed, church, or sectarian purpose whatever. | Mo. Const. art. IX, § 8 | N/A | N/A | N/A | The legislative power shall be vested in a senate and house of representatives to be styled "The General Assembly of the State of Missouri." The general assembly shall establish and maintain free public schools for the gratuitous instruction of all persons in this state within ages not in excess of twenty-one years as prescribed by law. In the event the public school fund cannot sustain schooling for eight months a year, the general assembly may provide for such deficiency but may not set aside less than twenty-five percent of state revenue to provide for schools. The general assembly may levy an annual tax sufficient to pay the accruing interest of all state certificates of indebtedness. The general assembly shall adequately maintain the state university and such other educational institutions as it may deem necessary. |
V.A.M.S. Const. Art. 3, § 1 V.A.M.S. Const. Art. 9, § 1(a) V.A.M.S. Const. Art. 9, § 3(b) V.A.M.S. Const. Art. 9, § 4 V.A.M.S. Const. Art. 9, § 9(b) V.A.M.S. Const. Art. 9, § 2(a) |
The senate provides advice and consent for governor's appointments to the state board of education. | Mo. Ann. Stat. 161.022 | House Elementary and Secondary Education Committee Joint Committee on Education Subcommittee on Appropriations - Education Senate Education Committee |
Link | State constitution and state statute | The supreme executive power shall be vested in a governor. The governor shall take care that the laws are distributed and faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. The governor may veto any item or portion of any item of any appropriation bill or the whole thereof; except that the governor shall not reduce any appropriation for free public schools or for the payment of principal and interest on public debt. |
V.A.M.S. Const. Art. 4, § 1 V.A.M.S. Const. Art. 4, § 2 V.A.M.S. Const. Art. 3, § 31 Mo. Ann. Stat. 26.030 |
The governor appoints all members of the state board of education with the advice and consent of the senate. | V.A.M.S. Const. Art. 9, § 2(a) Mo. Ann. Stat. 161.022 |
State statute | The commissioner serves as the chief administrative officer of the state board of education. The commissioner of education shall supervise the department of elementary and secondary education. The commissioner shall confer and advise county and school district employees, teachers, and patrons of public schools. The commissioner shall study and evaluate and test the progress in achieving education objectives. |
Mo. Const. art. IX, § 2(b) Mo. Ann. Stat. § 161.112 Mo. Ann. Stat. § 161.122 |
The commissioner of education may make suggestions in regard to subject matter and method of instruction, the control and government of schools, the care and keeping of school property, and seek to elevate the standards and efficiency of the instruction. |
Mo. Const. art. IX, § 2(b) Mo. Ann. Stat. § 161.122 |
The state board of education shall select and appoint the commissioner of education. The commissioner is removable at the discretion of the board. |
Mo. Const. art. IX, § 2(b) Mo. Ann. Stat. § 161.112 |
Statute and state constitution. | Mo. Const. art. IX, § 2(b) Mo. Ann. Stat. § 161.122 |
N/A | N/A | N/A | The supervision of instruction in the public schools is vested in a state board of education. The state board shall: - Adopt rules governing its own proceedings and formulate policies for the guidance of the commissioner of education and the department of elementary and secondary education. - Carry out policies relating to public schools. - Direct the investment of moneys received to be applied to support of public education. - Grant professional certification to public school employees. - Classify the public schools of the state, establish requirements for the schools of each class, and formulate rules governing the inspection and accreditation of schools. - Annually report to the general assembly. - Promulgate rules under which the board shall classify the public schools of the state. |
Mo. Const. art. IX, § 2(a) Mo. Ann. Stat. § 161.092 |
The state board is composed of eight members, with no more than four being from the same political party. A teacher representative, without voting rights, will attend all meetings. | Mo. Const. art. IX, § 2(a) Mo. Ann. Stat. § 161.022 Mo. Ann. Stat. § 161.026 |
Board members and the teacher representative are appointed by the governor, with the advice and consent of the senate. | Mo. Const. art. IX, § 2(a) Mo. Ann. Stat. § 161.022 Mo. Ann. Stat. § 161.026 |
Members serve eight year terms. The teacher representative serves a four year term. | Mo. Const. art. IX, § 2(a) Mo. Ann. Stat. § 161.022 Mo. Ann. Stat. § 161.026 |
State constitution and statute | Mo. Const. art. IX, § 2(a) Mo. Ann. Stat. § 161.022 Mo. Ann. Stat. § 161.026 Mo. Ann. Stat. § 161.092 |
The school board of each school district in the state may make all needful rules and regulations for the organization, grading and government in the school district. The board of education must publish a report of the condition of the public schools under its charge, and of all the property under its control, with a full and accurate account of all the receipts and expenditures of the board during the preceding year, and of the condition of all investments. The government and control of an urban school district is vested in a board of seven directors. The supervision and government of public schools and public school property in metropolitan school districts is vested in a board of education. The board of education shall have general and supervising control, government and management of the public schools and public school property of the district in the city and shall exercise generally all powers in the administration of the public school system therein. |
Mo. Ann. Stat. § 171.011 Mo. Ann. Stat. § 162.661 Mo. Ann. Stat. § 162.471 Mo. Ann. Stat. § 162.571 Mo. Ann. Stat. § 162.621 |
The school boards of a seven-director district, urban school district or metropolitan school district are composed of seven members. Members are elected. | Mo. Ann. Stat. § 162.459 Mo. Ann. Stat. § 162.581 Mo. Ann. Stat. § 162.601 |
||||||
| Nebraska | Article VII | The legislature shall provide for the free instruction in the common schools of this state of all persons between the ages of five and twenty-one years. The legislature may provide for the education of other persons in educational institutions owned and controlled by the state or a political subdivision thereof. | Neb. Const. art. VII, § 1 | (1) The following funds shall be exclusively used for the support and maintenance of the common schools in each school district in the state or for early childhood education operated by or distributed through the common schools as provided in subsection (3) of this section, as the Legislature shall provide: (a) Income arising from the perpetual funds; (b) The income from the unsold school lands, except that costs of administration shall be deducted from the income before it is so applied; (c) All other grants, gifts, and devises that have been or may hereafter be made to the state which are not otherwise appropriated by the terms of the grant, gift, or devise; and (d) Such other support as the Legislature may provide. (2) No distribution or appropriation shall be made to any school district for the year in which school is not maintained for the minimum term required by law. |
Neb. Const. art. VII, § 9 | Notwithstanding any other provision in the constitution, appropriation of public funds shall not be made to any school or institution of learning not owned or exclusively controlled by the state or a political subdivision thereof; Provided, that the legislature may provide that the state or any political subdivision thereof may contract with institutions not wholly owned or controlled by the state or any political subdivision to provide for educational or other services for the benefit of children under the age of twenty-one years who are handicapped, as that term is from time to time defined by the legislature, if such services are nonsectarian in nature. All public schools shall be free of sectarian instruction. The state shall not accept money or property to be used for sectarian purposes; Provided, that the legislature may provide that the state may receive money from the federal government and distribute it in accordance with the terms of any such federal grants, but no public funds of the state, any political subdivision, or any public corporation may be added thereto. A religious test or qualification shall not be required of any teacher or student for admission or continuance in any school or institution supported in whole or in part by public funds or taxation. |
Neb. Const. art. VII, § 11 | The legislature may provide that the state or any political subdivision thereof may contract with institutions not wholly owned or controlled by the state or any political subdivision to provide for educational or other services for the benefit of children under the age of twenty-one years who are handicapped, as that term is from time to time defined by the legislature, if such services are nonsectarian in nature. | Neb. Const. art. VII, § 11 | The legislature shall provide for the free instruction in the common schools of this state of all persons between the ages of five and twenty-one years. | Neb. Const. art. VII, § 1 | N/A | The legislative authority of the state shall be vested in a legislature consisting of one chamber. The legislature shall pass all laws necessary to carry into effect the provisions of the state constitution. The legislature shall provide for the free instruction in the common schools of this state of all persons between the ages of five and 21 years. The legislature may provide for the education of other persons in educational institutions owned and controlled by the state or a political subdivision thereof. The legislature shall prescribe the powers and duties of the state board of education. The general management of all lands set apart for educational purposes shall be vested under the direction of the legislature. The legislature may use funds arising from perpetual funds, income from unsold school lands, all other grants or gifts that are made to the state, or other support as the legislature provides for early childhood education. The legislature may provide by law for the establishment of a school or schools for the safe keeping, education, employment, and reformation of all children under the age of 18 years who, for want of proper parental care, or other cause, are growing up in mendicancy or crime. |
Neb. Const. art. III, § 1 Neb. Const. art. III, § 30 Neb. Const. art. VII, § 1 Neb. Const. art. VII, § 3 Neb. Const. art. VII, § 6 Neb. Const. art. VII, § 9 Neb. Const. art. VII, § 12 |
N/A | Education Committee | Link | State constitution | The supreme executive power shall be vested in the governor, who shall take care that the laws be faithfully executed and the affairs of the state efficiently and economically administered. The governor has authority to approve and disapprove bills passed by the legislature. The governor may disapprove or reduce any item or items of appropriation contained in bills passed by the legislature. |
Neb. Const. art. IV, § 6 Neb. Const. art. IV, § 15 |
N/A | N/A | The commissioner of education is the executive officer of the state board of education. The commissioner is the administrative head of the state department of education. The commissioner shall: - Keep the board currently informed and advised on the operation and status of all aspects of the educational program of the state. - Prepare a budget including the maintenance and operation of the department of education. - Be responsible for promoting the efficiency, welfare, and improvement in the school system in the state and for recommending to the board such policies. - Promote educational improvement. - Issue teacher certification according to the law. - Attend or designate a representative to attend all the meetings of the state board. - Visit or cause to be visited such schools as he or she may have it in his or her power to do and witness and advise with teachers and school officers upon the manner in which they are conducted. |
Neb. Const. art. VII, § 4 Neb. Rev. Stat. Ann. § 79-305 Neb. Rev. Stat. Ann. § 79-306 Neb. Rev. Stat. Ann. § 79-309 |
The commissioner of education shall have the authority to: - Delegate administrative and supervisory functions to the members of the staff of the department. - Establish and maintain an appropriate system of personnel administration for the department. - Prescribe administrative rules and regulations as are necessary for proper execution of duties. - Perform all duties prescribed by the legislature in accordance with the policies adopted by the state board of education. - Faithfully execute the policies and directives of the state board of education. |
Neb. Const. art. VII, § 4 Neb. Rev. Stat. Ann. § 79-306 |
The commissioner of education is appointed by the state board of education. | Neb. Const. art. VII, § 4 | Statute and state constitution. | Neb. Const. art. VII, § 4 Neb. Rev. Stat. Ann. § 79-305 Neb. Rev. Stat. Ann. § 79-306 Neb. Rev. Stat. Ann. § 79-309" |
The commissioner of education shall be the secretary to the state board of education. |
Neb.Rev.St. § 79-315 | N/A | Statute | Neb.Rev.St. § 79-315 | The state board of education's powers and duties are prescribed by the legislature. The state board appoints the commissioner of education. The board appoints all employees of the state department of education with the recommendation of the commissioner. The state board of education, acting as a unit, shall be the policy-forming, planning, and evaluative body for the state school program. The state board shall: - Organize the state department of education into divisions, branches, and sections as may be necessary to perform its duties and functions. - Provide enlightened professional leadership, guidance, and supervision of the state school system. - Adopt and promulgate rules and regulations for the guidance, supervision, accreditation, and coordination, of educational service units. - Make studies, investigations, and reports and assemble information as necessary for the formulation of policies. - Submit a budget to the governor and legislature. - Adopt standards for school vehicles that transport children. |
Neb. Const. art. VII, § 4 Neb. Rev. Stat. Ann. § 79-301 Neb. Rev. Stat. Ann. § 79-318 |
The state board is comprised of eight members, from eight different districts as provided by the legislature. Members may not be actively engaged in the education profession. | Neb. Const. art. VII, § 3 Neb. Rev. Stat. Ann. § 79-311 |
Members are elected on a nonpartisan ballots. | Neb. Const. art. VII, § 3 | Members serve four year terms. | Neb. Const. art. VII, § 3 | State constitution and statute | Neb. Const. art. VII, § 4 Neb. Rev. Stat. Ann. § 79-301 Neb. Rev. Stat. Ann. § 79-311 Neb. Rev. Stat. Ann. § 79-318 |
The school board or board of education of a Class III or IV school district shall have the care and custody of the schoolhouse and other property of the district and shall have authority to hire a superintendent and the required number of teachers and other necessary personnel. School boards have the power to select its own officers and make its own rules and regulations not inconsistent with any statute applicable to such district. The school board or board of education of a Class III or IV school district must provide the necessary appendages for the schoolhouse, keep the same in good condition and repair during the time school is taught in the schoolhouse, and keep an accurate account of all expenses incurred. The school board or board of education of a Class III or IV school district has responsibility for the general care and upkeep of the schools, will provide the necessary supplies and equipment, and has the power to cause pupils to be taught in such branches and classified in such grades or departments as may seem best adapted to a course of study which the board establishes with the consent and advice of the State Department of Education. All Class V school districts shall be under the direction and control of the school board or board of education. |
Neb. Rev. Stat. Ann. § 79-501 Neb. Rev. Stat. Ann. § 79-520 Neb. Rev. Stat. Ann. § 79-521 Neb. Rev. Stat. Ann. § 79-522 Neb. Rev. Stat. Ann. § 79-525 Neb. Rev. Stat. Ann. § 79-526 Neb. Rev. Stat. Ann. § 79-535 |
The school board of a Class III school district may, by resolution, provide for a change in the number of members on the school board to a minimum of five members and a maximum of nine members. The board of education of a Class IV school district is composed of seven members and also may include a nonvoting student member The board of education of a Class V school district is composed of nine members. All members are elected. |
Neb. Rev. Stat. Ann. § 79-550 Neb. Rev. Stat. Ann. § 79-551 Neb. Rev. Stat. Ann. § 79-552 |
||||
| Nevada | Article XI | Section 1. The legislature shall encourage by all suitable means the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, and moral improvements, and also provide for a superintendent of public instruction and by law prescribe the manner of appointment, term of office and the duties thereof. Section 2. The legislature shall provide for a uniform system of common schools, by which a school shall be established and maintained in each school district at least six months in every year, and any school district which shall allow instruction of a sectarian character therein may be deprived of its proportion of the interest of the public school fund during such neglect or infraction, and the legislature may pass such laws as will tend to secure a general attendance of the children in each school district upon said public schools. |
Nev. Const. art. XI, § 1 Nev. Const. art. XI, § 2 |
1. In addition to other means provided for the support and maintenance of said university and common schools, the legislature shall provide for their support and maintenance by direct legislative appropriation from the general fund, upon the presentation of budgets in the manner required by law. 2. During a regular session of the Legislature, before any other appropriation is enacted to fund a portion of the state budget for the next ensuing biennium, the legislature shall enact one or more appropriations to provide the money the legislature deems to be sufficient, when combined with the local money reasonably available for this purpose, to fund the operation of the public schools in the State for kindergarten through grade 12 for the next ensuing biennium for the population reasonably estimated for that biennium. |
Nev. Const. art. XI, § 6 | Section 9. No sectarian instruction shall be imparted or tolerated in any school or university that may be established under this constitution. Section 10. No public funds of any kind or character whatever, state, county or municipal, shall be used for sectarian purpose. |
Nev. Const. art. XI, § 9 Nev. Const. art. XI, § 10 |
N/A | N/A | The legislature shall provide for a uniform system of common schools, by which a school shall be established and maintained in each school district at least six months in every year. | Nev. Const. art. XI, § 2 | The legislative authority of this state shall be vested in a senate and assembly which shall be designated "The Legislature of the State of Nevada" and the sessions of such legislature shall be held at the seat of government of the state. The legislature shall encourage by all suitable means the promotion of intellectual, literary, scientific, mining, mechanical, agriculture, and moral improvements, and also provide for a superintendent of public instruction and by law prescribe the manner of appointment, term of office and duties thereof. The legislature shall provide for a uniform system of common schools, by which a school shall be established and maintained in each school district at least six months in every year, and any school district which shall allow instruction of a sectarian character therein may be deprived of its proportion of the interest of the public school fund during such neglect or infraction. |
Nev. Const. art. IV, § 1 Nev. Const. art. XI, § 1 Nev. Const. art. XI, § 2 |
One of the governor's appointments to the state board of education is nominated by the majority leader of the senate, and another is nominated by the speaker of the assembly. | Nev. Rev. Stat. Ann. § 385.021 | House Education Committee Ways and Means K-12/Higher Education/CIP Subcommittee Senate Education Committee Senate Finance K-12/Higher Education/CIP Subcommittee |
Link | State constitution and state statute | The supreme executive power of this state, shall be vested in chief magistrate who shall be governor of the state of Nevada. The governor shall see that the laws are faithfully executed. The governor has the authority to approve and disapprove bills passed by the legislature. |
Nev. Const. art. V, § 1 Nev. Const. art. V, § 7 Nev. Const. art. IV, § 35 |
The governor has the authority to appoint three voting members and four nonvoting members of the state board of education. Additionally, the governor appoints the superintendent of public instruction from a list of three candidates provided by the state board of education. |
Nev. Rev. Stat. Ann. § 385.021 Nev. Rev. Stat. Ann. § 385.150 |
State statute | The superintendent is the executive head of the department of education. The superintendent of public instruction shall: - Execute, direct, or supervise all administrative, technical and procedural activities of the department. - Maintain liaison and coordinate activities with other state agencies performing educational functions. - Request a plan of corrective action from a charter school board. - Visit each county of the state at least once each school year. - Report to the State Board on a regular basis the data on the discipline of pupils and trends in the data on the discipline of pupils. |
Nev. Rev. Stat. Ann. § 385.010 Nev. Rev. Stat. Ann. § 385.175 Nev. Rev. Stat. Ann. § 385.180 |
The superintendent of public instruction may: - Employ personnel approved by the state board and necessary for the efficient operation of the department of education. - Organize the department in a manner which will assure efficient operation. - Enforce the observance of statutes and regulations governing K-12 public education. |
Nev. Rev. Stat. Ann. § 385.175 | The superintendent of public instruction is appointed by the Governor from a list of three candidates submitted by the State Board and serves at the pleasure of the Governor. | Nev. Rev. Stat. Ann. § 385.150 Nev. Const. art. XI, § 1 |
Statute and state constitution. | Nev. Rev. Stat. Ann. § 385.010 Nev. Rev. Stat. Ann. § 385.150 Nev. Rev. Stat. Ann. § 385.175 Nev. Rev. Stat. Ann. § 385.180 Nev. Const. art. XI, § 1 |
The superintendent of public instruction is the secretary of the board. |
Nev. Rev. Stat. 385.030 | N/A | Statute | Nev. Rev. Stat. 385.030 | The state board establishes policies to govern the administration of all functions of the State relating to supervision, management and control of public schools. | Nev. Rev. Stat. Ann. § 385.075 | The state board is composed of one member from each congressional district, plus three other voting members, including one member nominated by the majority leader of the senate and one by the speaker of the assembly. The four non-voting members include a member of a board of trustees of a school district nominated by the Nevada Association of School Boards, a superintendent of a school nominated by the Nevada Association of School Superintendents, a representative of the Nevada System of Higher Education, and a student nominated by the Nevada Association of Student Council. The governor will ensure that the board members represent the geographic diversity of the state, that one is a teacher employed at a public school, one is a parent, and one is active in a private business or industry. |
Nev. Rev. Stat. Ann. § 385.021 | Congressional district members are elected. All other members are appointed by the governor. | Nev. Rev. Stat. Ann. § 385.021 | Elected members serve a term of four years and may not be elected for more than three terms. Other voting members serve two year terms. Non-voting members serve one year terms. | Nev. Rev. Stat. Ann. § 385.021 | Statute | Nev. Rev. Stat. Ann. § 385.021 Nev. Rev. Stat. Ann. § 385.075 |
Each board of trustees is given such reasonable and necessary powers as may be requisite to attain the ends for which the public schools are established and to promote the welfare of school children, including the establishment and operation of schools and classes deemed necessary and desirable. Each board of trustees will make an annual report to the Superintendent of Public Instruction. |
Nev. Rev. Stat. Ann. § 386.350 Nev. Rev. Stat. Ann. § 386.370 |
The board of trustees of a county school district is composed of seven members if 1,000 or more pupils were enrolled during the school year preceding any general election. The board of trustees of a county school district is composed of five members if 1,000 or fewer pupils were enrolled during the school year preceding any general election. Alternate provisions are made for districts with more than 25,000 pupils. Trustees are elected. | Nev. Rev. Stat. Ann. § 386.120 Nev. Rev. Stat. Ann. § 386.260 |
|||
| New Mexico | Article XII | A uniform system of free public schools sufficient for the education of, and open to, all the children of school age in the state shall be established and maintained. | N.M. Const. art. XII, § 1 | All forfeitures, unless otherwise provided by law, and all fines collected under general laws; the net proceeds of property that may come to the state by escheat; the rentals of all school lands and other lands granted to the state, the disposition of which is not otherwise provided for by the terms of the grant or by act of congress shall constitute the current school fund of the state. | N.M. Const. art. XII, § 4 | Section 9. No religious test shall ever be required as a condition of admission into the public schools or any educational institution of this state, either as a teacher or student, and no teacher or student of such school or institution shall ever be required to attend or participate in any religious service whatsoever. Section 3. The schools, colleges, universities and other educational institutions provided for by this constitution shall forever remain under the exclusive control of the state, and no part of the proceeds arising from the sale or disposal of any lands granted to the state by congress, or any other funds appropriated, levied or collected for educational purposes, shall be used for the support of any sectarian, denominational or private school, college or university. |
N.M. Const. art. XII, § 9 N.M. Const. art. XII, § 3 |
N/A | N/A | N/A | The legislative power shall be vested in a senate and a house of representatives which shall be designated the legislature of the state of New Mexico, and shall hold its sessions at the seat of government. The legislature shall provide for the training of teachers in the normal schools or otherwise so that they may become proficient in both the English and Spanish languages. Children of Spanish descent in the state of New Mexico shall never be denied the right and privilege of admission and attendance in the public schools or other public educational institutions of the state, and they shall never be classed in separate schools, but shall forever enjoy perfect equality with other children in all public schools and educational institutions of the state, and the legislature shall provide penalties for the violation of this section. |
N.M. Const. art. IV, § 1 N.M. Const. art. XII, § 8 N.M. Const. art. XII, § 10 |
The senate confirms the governor's nominee for secretary of public education. | N.M. Const. art. XII, § 6 | House Education Committee Senate Education Committee |
Link | State constitution and state statute | The supreme executive power of the state shall be vested in the governor, who shall take care that the laws be faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. The governor may in like manner approve or disapprove any part or parts, item or items, of any bill appropriating money, and such parts or items approved shall become law, and such as are disapproved shall be void unless passed over his veto. |
N.M. Const. art. V, § 4 N.M. Const. art. IV, § 22 |
The governor appoints the secretary of public instruction who is confirmed by the senate. | N.M. Const. art. XII, § 6 | State constitution and state statute | The secretary of public education is responsible to the governor for the operation of the department. It is the secretary's duty to manage all operations of the department and to administer and enforce the laws with which he or the department is charged. The secretary shall have administrative and regulatory powers and duties, including all functions relating to the distribution of school funds and financial accounting for the public schools to be performed as provided by law. |
N.M. Stat. Ann. § 9-24-8 N.M. Const. art. XII, § 6 |
The secretary of public education is the governing authority and shall have control, management and direction of all public schools, except as otherwise provide by law. The department of education, under the secretary, may: - Adopt, promulgate and enforce rules to exercise its authority and the authority of the secretary. - Enter into contracts to carry out its duties. - Apply to the district court for appropriate relief in enforcing laws and rules. - Waive provisions of the school code as authorized by law. The secretary has the specific power to: - Organize the department, delegate duties, provide professional development training, and take administrative action. - Make and adopt such reasonable and procedural rules as may be necessary to carry out duties of the department and its divisions. - Prepare an annual budget for the department |
N.M. Stat. Ann. § 22-2-1 N.M. Stat. Ann. § 9-24-8 |
The secretary of public education is appointed by the governor and confirmed by the senate. The secretary serves at the pleasure of the governor. | N.M. Const. art. XII, § 6 N.M. Stat. Ann. § 9-24-5 |
Statute and state constitution. | N.M. Const. art. XII, § 6 N.M. Stat. Ann. § 9-24-5 |
N/A | N/A | N/A | The public education commission shall advise the department on policy matters and shall perform other functions as provided by law. The commission shall work with the department to develop the five-year strategic plan for public elementary and secondary education in the state. The plan should be updated at least biennially. Additionally, the commission shall solicit input from local school boards, school districts and the public on policy and governance issues and report its findings and recommendations to the secretary and the legislature and recommend to the secretary conduct and process guidelines and training curricula for local school boards. |
N.M. Const. art. XII, § 6 N.M. Stat. Ann. § 9-24-9 N.M. Stat. Ann. § 22-2-2.2 |
The state board is composed of ten members. Members must be residents of the school district from which they are elected. | N.M. Const. art. XII, § 6 N.M. Stat. Ann. § 9-24-9 |
Members are elected. | N.M. Const. art. XII, § 6 N.M. Stat. Ann. § 9-24-9 |
Members serve terms of four years. | N.M. Const. art. XII, § 6 | State constitution and statute | N.M. Const. art. XII, § 6 N.M. Stat. Ann. § 9-24-9 N.M. Stat. Ann. § 22-2-2.2 |
Local school boards have the following powers: - Develop educational policies for the school district. - Employ a local superintendent for the school district and fix the superintendent's salary. - Review and approve the annual school district budget. - Provide for the repair of and maintain all property belonging to the school district. - Adopt rules pertaining to the administration of all powers or duties of the local school board. |
N.M. Stat. Ann. § 22-5-4 | In local school districts with a population of more than two hundred thousand, as shown by the most recent decennial census, the qualified electors of the districts may choose to have a local school board composed of seven members. Otherwise, local school boards are composed of five members. | N.M. Const. art. XII, § 15 N.M. Stat. Ann. § 22-5-1 |
||||||
| New York | Article XI | The legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated. | N.Y. Const. art. XI, § 1 | N/A | Neither the state nor any subdivision thereof, shall use its property or credit or any public money, or authorize or permit either to be used, directly or indirectly, in aid or maintenance, other than for examination or inspection, of any school or institution of learning wholly or in part under the control or direction of any religious denomination, or in which any denominational tenet or doctrine is taught, but the legislature may provide for the transportation of children to and from any school or institution of learning. | N.Y. Const. art. XI, § 3 | N/A | N/A | N/A | The legislative power of this state shall be vested in the senate and assembly. The legislature shall provide for the maintenance and support of a system of free common schools, wherein all children of this state may be educated. The legislature may provide for the transportation of children to and from any school or institution of learning. |
N.Y. Const. art. III, § 1 N.Y. Const. art. XI, § 1 N.Y. Const. art. XI, § 3 |
The legislature elects the members of the state board of regents (the board of regents elect the commissioner of education). | N.Y. Educ. Law § 202 N.Y. Educ. Law § 302 |
Assembly Education Committee Senate Education Committee Senate New York City Education Committee |
Assembly Link Senate Link |
State constitution and state statute | The executive power shall be vested in the governor. The governor has the authority to approve or disapprove bills passed by the legislature. If any bill presented to the governor contains several items of appropriations, the governor may object to one or more of such items while approving the other portions of the bill. |
N.Y. Const. art. IV, § 1 N.Y. Const. art. IV, § 7 |
N/A | N/A | The commissioner of education is the chief executive officer of the state system of education and the board of regents. They shall enforce all general and special laws relating to the educational system of the state and execute all educational policies determined upon by the board. The commissioner of education shall have general supervision over all schools and institutions which are subject to provisions relating to education. The commissioner shall: - Have general supervision of industrial schools, trade schools and schools of agriculture, mechanic arts and home making. - Have general supervision over the state teachers colleges and state colleges for teachers. - Be an ex officio trustee of Cornell university. The commissioner must evaluate the effectiveness of all teacher preparation programs in the state, and the timelines and costs of developing or modifying data systems to collect necessary data. The commissioner shall also have and execute such further powers and duties as shall be charged with by the regents. |
N.Y. Educ. Law § 305 | The commissioner may review teacher certification or qualification and may impose penalties such certificate or license suspension or revocation. The commissioner of education is authorized and directed to establish and provide for the maintenance and conduct of courses of study or training in state teachers colleges and state colleges for teachers. The commissioner may approve all contracts relevant to transportation and food services for school districts, provided they meet state requirements for procurement. The commissioner may coordinate with other state agencies to provide services to students and professional development to teachers and administrators. Such services may include financial literacy programs, health services, or excess food distribution. Professional development may include training on data use for student improvement, creating resources and materials in support of professional growth, and sharing best practices. The commissioner is authorized to investigate, study and review the state plan for district reorganization. The commissioner may make recommendations based on investigative findings. The commissioner of education, when an appropriation therefor has been made by the legislature, may acquire any real property which he may deem necessary for the purposes of a state educational institution. |
N.Y. Educ. Law § 305 N.Y. Educ. Law § 307 N.Y. Educ. Law § 314 N.Y. Educ. Law § 316 |
The commissioner of education shall be elected by a majority vote of the regents. The commissioner serves at the pleasure of the board of regents. | N.Y. Educ. Law § 302 N.Y. Educ. Law § 303 |
Statute. | N.Y. Educ. Law § 302 N.Y. Educ. Law § 303 N.Y. Educ. Law § 305 N.Y. Educ. Law § 307 N.Y. Educ. Law § 314 N.Y. Educ. Law § 316 |
N/A | N/A | N/A | The board of regents will exercise legislative functions concerning the educational system of the state, determine its educational policies, and, except, as to the judicial functions of the commissioner of education, establish rules for carrying into effect the laws and policies of the state, relating to education, and the functions, powers, duties and trusts conferred or charged upon the university and the education department. | NY Const. Art. 11, § 2 N.Y. Educ. Law § 207 |
The constitution states the board is composed of no less than nine members. Statute states the board is composed of membership that shall at all times be four more than the number of the existing judicial districts of the state and shall not be less than fifteen. Additionally, there are two elected officers, a chancellor and a vice-chancellor. | NY Const. Art. 11, § 2 N.Y. Educ. Law § 202 N.Y. Educ. Law § 203 |
The legislature selects the board. The board elects the chancellor and vice-chancellor. | N.Y. Educ. Law § 203 | Members serve five year terms. | N.Y. Educ. Law § 202 | State constitution and statute | NY Const. Art. 11, § 2 N.Y. Educ. Law § 202 N.Y. Educ. Law § 203 N.Y. Educ. Law § 207 |
The trustees of a Common School District have the power to: -Call special meetings of the inhabitants of such district. -Purchase or lease such schoolhouse sites and other grounds to be used for playgrounds, or for agriculture, athletic center and social center purposes, and to purchase or build such schoolhouses, as a district meeting may authorize. -Have the custody and safe-keeping of the district schoolhouses. -Insure the school buildings, furniture and school apparatus, and school libraries. -Appoint and enter into contract with a superintendent of schools, to employ as many legally qualified teachers as the schools of the district require, and to determine the rate of compensation of each teacher. -Establish rules for the government and discipline of the schools of the district. -prescribe the course of studies to be pursued in such schools. In every Union Free School District the board of education has the power to: -Adopt such by-laws and rules for its government. -Establish such rules and regulations concerning the order and discipline of the schools. -Prescribe the course of study by which the pupils of the schools shall be graded and classified. -Prescribe the text-books to be used in the schools, and to compel a uniformity in the use of the same. -Insure the schoolhouses and their furniture, apparatus and appurtenances, and the school library. -Have in all respects the superintendence, management and control of said union free schools. -Contract with and employ such persons as by the provisions of this chapter are qualified teachers and determine the number of teachers to be employed. Central School Districts are managed by a board of education with the same powers and duties as Union Free School District boards. The board of education of a central high school district has jurisdiction over the pupils residing therein who have completed the work of the sixth grade. The board has the same powers and duties as a board of education of a Union Free School District. The board of education of city school districts with less than 125,000 inhabitants has the same power granted to boards of education of city school districts or union free school districts or trustees of common school districts. The board of education of city school districts with more than 125,000 inhabitants has the same power granted to boards of education or trustees of common schools. Th board of education of the city district of New York City advises the chancellor on matters of policy affecting the welfare of the city school district and its pupils. The board exercises no executive power and performs no executive or administrative functions. The board has the power to approve standards, policies, and objectives proposed by the chancellor directly related to educational achievement and student performance. |
N.Y. Educ. Law § 1604 N.Y. Educ. Law § 1709 N.Y. Educ. Law § 1804 N.Y. Educ. Law § 1903 N.Y. Educ. Law § 2503 N.Y. Educ. Law § 2554 N.Y. Educ. Law § 2590-g |
Electors of a Common School District determine if there will be one or three trustees. Trustees are elected. Union Free School District boards of education are composed of no less than three, and no more than nine, members. The board may vote to change the number of members. Members are elected. Central School District boards are composed of five, seven, or nine members. Members are elected. Central High School District boards must have a minimum of five members. Members are appointed by the boards of any Union Free or Common school district in the Central High School District. The board of education of city school districts with less than 125,000 inhabitants is composed of five, seve, or nine members. Upon it's own motion, the board may change the number of members. In Albany, there are seven members. In Rensselaer, there are five members. Members are elected. The board of education of city school districts with more than 125,000 inhabitants is composed of not less than three and not more than nine members. In Buffalo and Yonkers, there are nine members. In Buffalo, members are elected. In Yonkers, members are appointed from the city at large by the mayor. In Rochester and Syracuse, there are seven members and members are elected. The board of education of the city school district of the city of New York is composed of thirteen appointed members: one member to be appointed by each borough president of the city of New York; and eight members to be appointed by the mayor of the city of New York. |
N.Y. Educ. Law § 1702 N.Y. Educ. Law § 1804 N.Y. Educ. Law § 1901 N.Y. Educ. Law § 2502 N.Y. Educ. Law § 2552 N.Y. Educ. Law § 2553 N.Y. Educ. Law § 1602 N.Y. Educ. Law § 2590-b |
||||||||
| Ohio | Article VI | Section 2. The general assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but, no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state. Section 3. Provision shall be made by law for the organization, administration and control of the public school system of the state supported by public funds: provided, that each school district embraced wholly or in part within any city shall have the power by referendum vote to determine for itself the number of members and the organization of the district board of education, and provision shall be made by law for the exercise of this power by such school districts. |
Ohio Const. Article VI, Section 2 Ohio Const. Article VI, Section 3 |
The general assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but, no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state. | Ohio Const. Article VI, Section 2 |
The general assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the State; but, no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state. | Ohio Const. Article VI, Section 2 | N/A | N/A | N/A | The legislative power of the state shall be vested in a general assembly consisting of a senate and a house of representatives but the people reserve to themselves the power to propose to the general assembly laws and amendments to the constitution, and to adopt or reject the same at the polls on a referendum vote as hereinafter provided. The general assembly shall make such provisions, by taxation, or otherwise as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state. |
Ohio Const. Article II, Section 1 Ohio Const. Article VI, Section 2 |
The senate provides advice and consent for the governor's appointments to the state board of education. | Ohio Rev. Code Ann. § 3301.01 | House Primary and Secondary Education House Finance Subcommittee on Primary and Secondary Education Senate Education Committee Senate Finance Subcommittee on Primary and Secondary Education |
House Link Senate Link |
State constitution and state statute | The supreme executive power of this state shall be vested in the governor and he shall see that the laws are faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. The governor may disapprove any item or items in any bill making an appropriation of money and the item or items. |
Ohio Const. Article III, Section 5 Ohio Const. Article III, Section 6 Ohio Const. Article II, Section 16 |
The governor appoints eight members of the state board of education with the advice and consent of the senate. | Ohio Rev. Code Ann. § 3301.01 (West) | State statute | The superintendent of public instruction shall serve as the secretary to the board of education. The superintendent of public instruction shall be the executive and administrative officer of the state board of education in its administration of educational matters and functions placed under its management and control. The superintendent of public instruction shall execute, under the direction of the state board of education, the educational policies, orders, directives, and administrative functions of the board, and shall direct, under rules and regulations adopted by the board, the work of all persons employed in the state department of education. Additionally, the superintendent must: - Provide technical and professional assistance and advice to all school districts in reference to all aspects of education. - Conduct such studies and research projects as are necessary or desirable for the improvement of public school education in Ohio. - Prepare and submit annually a report of the activities of the department and the status, problems, and needs of education. - Annually inspect the expenditures of each school district. |
Ohio Rev. Code Ann. § 3301.09 Ohio Rev. Code Ann. § 3301.11 Ohio Rev. Code Ann. § 3301.12 |
The respective powers of the superintendent of public instruction shall be prescribed by law. The superintendent of public instruction shall be the executive and administrative officer of the state board of education in its administration of educational matters and functions placed under its management and control. The superintendent may: - Prescribe and require the preparation and filing of such financial and other reports from school districts, officers, and employees as are necessary or proper. - Supervise all agencies over which the board exercises administrative control. |
Ohio Const. Article VI, Section 4 Ohio Rev. Code Ann. § 3301.11 Ohio Rev. Code Ann. § 3301.12 |
The superintendent of public instruction is appointed by the state board of education. The superintendent serves at the pleasure of the state board. | Ohio Const. Article VI, Section 4 Ohio Rev. Code Ann. § 3301.08 |
Statute and state constitution. | Ohio Rev. Code Ann. § 3301.08 Ohio Rev. Code Ann. § 3301.09 Ohio Rev. Code Ann. § 3301.11 Ohio Rev. Code Ann. § 3301.12 Ohio Const. Article VI, Section 4 |
The superintendent of public instruction shall be the secretary to the state board of education. |
Ohio Rev. Code Ann. § 3301.09 | N/A | Statute | Ohio Rev. Code Ann. § 3301.09 | There shall be a state board of education which shall be selected in such manner for such terms as shall be provided by law. The state board of education shall exercise general supervision of the system of public education. The state board has the following powers and duties: - The state board shall exercise policy forming, planning, and evaluative functions for the public schools of the state except as otherwise provided by law. - The state board shall exercise leadership in the improvement of public education and administer policies relating to public schools including budgeting, finance, transportation, building facilities, officials and personnel, and others. - The state board shall formulate and prescribe minimum academic and operating standards for all elementary and secondary schools in the state for the purpose of providing general, high quality education to all students. - Establish and submit to the governor and general assembly a set of clear and measurable goals with specific timetables for their achievement in support of improving student achievement. - The state board shall adopt rules for a statewide education management information system. |
Ohio Const. Article VI, Section 4 Ohio Rev. Code Ann. § 3301.07 Ohio Rev. Code Ann. § 3301.0714 Ohio Rev. Code Ann. § 3301.0717 |
The board is composed of nineteen voting members as well as the chairperson from the senate education committee and the chairperson from the house of representatives education who are non-voting ex officio members. | Ohio Rev. Code Ann. § 3301.01 | Eleven members of the state board of education are elected. Eight members of the board are appointed by the governor with the advice and consent of the senate. | Ohio Rev. Code Ann. § 3301.01 | Members serve four year terms. No member may serve more than two successive terms. | Ohio Rev. Code Ann. § 3301.02 | State constitution and statute | Ohio Const. Article VI, Section 4 Ohio Rev. Code Ann. § 3301.02 Ohio Rev. Code Ann. § 3301.07 Ohio Rev. Code Ann. § 3301.0714 Ohio Rev. Code Ann. § 3301.0717 |
The board of education of each school district is a body politic and corporate, and, as such, capable of suing and being sued, contracting and being contracted with, acquiring, holding, possessing, and disposing of real and personal property, and taking and holding in trust for the use and benefit of such district, any grant or devise of land and any donation or bequest of money or other personal property. | Ohio Rev. Code Ann. § 3313.17 | In local and exempted village school districts and educational service centers, boards are composed of five members. In city school districts with a population of less than fifty thousand persons, the board is composed of not less than three and not more than five members. In city school districts with a population of fifty thousand or more, but less than one hundred fifty thousand persons, the board is composed of not less than two nor more than seven members elected at large and not more than two members elected from subdistricts by the qualified electors of their respective subdistricts. In city school districts with a population of one hundred fifty thousand persons or more, the board is composed of not less than five nor more than seven members. Members are elected. |
Ohio Rev. Code Ann. § 3313.01 Ohio Rev. Code Ann. § 3313.02 |
||||
| Pennsylvania | Article III | The general assembly shall provide for the maintenance and support of a thorough and efficient system of public education to serve the needs of the commonwealth. | Pa. Const. art. III, § 14 | N/A | No money raised for the support of the public schools of the commonwealth shall be appropriated to or used for the support of any sectarian school. | Pa. Const. art. III, § 15 | N/A | N/A | N/A | The legislative power of this commonwealth shall be vested in a general assembly, which shall consist of a senate and a house of representatives. The general assembly shall provide for the maintenance and support of a thorough and efficient system of public education to serve the needs of the Commonwealth. |
Pa. Const. art. II, § 1 Pa. Const. art. III, § 14 |
A two-thirds majority vote of the senate is required to confirm the governor's appointment for secretary of education, and a majority of the senate is required for governor's appointments to the state board of education. | 24 Pa. Stat. Ann. § 26-2602-B Pa. Const. art. IV, § 8 |
House Education Committee Senate Education Committee |
House Link Link |
State constitution and state statute | The supreme executive power shall be vested in the governor, who shall take care that laws be faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. The governor shall have the power to disapprove of any item or items of any bill, making appropriations of money, embracing distinct items, and the part or parts of bills approved shall become law. |
Pa. Const. art. IV, § 2 Pa. Const. art. IV, § 15 Pa. Const. art. IV, § 16 |
The governor shall appoint the secretary of education subject to the consent of a two-thirds majority of the senate. Except the legislative members, each member shall be appointed by the governor, by and with the advice and consent of a majority of all the members of the senate |
24 Pa. Stat. Ann. § 26-2602-B Pa. Const. art. IV, § 8 |
State constitution and state statute | The secretary of education is the chief executive officer of the state board of education and is a nonvoting member. |
24 Pa. Stat. Ann. § 26-2602-B | The secretary of education is an officer of the executive branch. On behalf of the Commonwealth, the secretary of education shall have the authority to enter into and administer a regional compact and interstate reciprocity agreement for the provision of postsecondary distance education. |
24 Pa. Stat. Ann. § 1-124 Pa. Const. art. IV, § 8 |
The secretary of education is appointed by the governor subject to consent by a two-thirds majority of the senate | Pa. Const. art. IV, § 8 | Statute and state constitution. | Pa. Const. art. IV, § 8 | N/A | N/A | N/A | The board shall have the power, and its duty shall be, to review statements of policy, standards, rules and regulations formulated by the Council on Basic Education and the Council of Higher Education, and adopt broad policies and principles, and establish standards for governing education in the Commonwealth. The board and secretary of education shall jointly fix salaries for staff deemed necessary to perform the duties of the board. The board shall develop an annual operating budget. The board shall provide general supervision of the state-owned universities, community colleges, and state-related universities by adopting polices for approving new schools and requiring long-range plans from the Council of Higher Education. Every ten years, the board shall adopt a master plan for higher education for the guidance of the governor. Every ten years, the board shall adopt a master plan for basic education for the guidance of the governor. The plan shall address program approval and evaluation, personnel certification and licensure, testing and assessment, governance and organization, curriculum and learning materials, transportation, and others. |
24 Pa. Stat. Ann. § 26-2603-B | The state board is composed of twenty-one members. Ten members serve as the board’s Council of Basic Education and ten serve as the board’s Council of Higher Education. Four members are the majority and minority chairs of the House and Senate education committees. The chairperson of the Professional Standards and Practices Commission, or their designees, is a non-voting, ex officio member without appointment to either council. No more than two members of each council may be employed in a school system or the department of education. Three members of the Council of Higher Education must be actively employed at a postsecondary institution, and at least two members on each council must have previous experience with career and technical education or training. | 24 Pa. Stat. Ann. § 26-2602-B | The non-legislative, voting members of the board are appointed by the governor with the advice and consent of the senate. | 24 Pa. Stat. Ann. § 26-2602-B | Members serve six year terms. | 24 Pa. Stat. Ann. § 26-2602-B | Statute | 24 Pa. Stat. Ann. § 26-2602-B 24 Pa. Stat. Ann. § 26-2603-B |
The board of school directors in every school district shall establish, equip, furnish, and maintain a sufficient number of elementary public school. The board in any school district may establish, equip, furnish, and maintain such other schools or educational departments as the directors see proper to establish, including kindergartens, high schools, trade schools, career and technical schools and libraries. The board has authority and power annually to levy and collect necessary taxes. The board in every school district prescribes, adopts, and enforces such reasonable rules and regulations as it may deem proper, regarding the management, supervision, control, or prohibition of exercises, athletics, or games of any kind, school publications, debating, forensic, dramatic, musical, and other activities related to the school program. |
24 Pa. Stat. Ann. § 5-501 24 Pa. Stat. Ann. § 5-502 24 Pa. Stat. Ann. § 5-507 24 Pa. Stat. Ann. § 5-511 |
In each school district of the first class or of the first class A, the board is composed of fifteen school directors. Five members are appointed by the judges of the courts of common pleas of the county in which such school district is situated. In each school district of the first class A, the board is composed of an odd number of members not less than seven nor more than fifteen school directors. Members are elected. |
24 Pa. Stat. Ann. § 3-302 24 Pa. Stat. Ann. § 3-302.1 |
|||||||
| South Carolina | Article XI | The general assembly shall provide for the maintenance and support of a system of free public schools open to all children in the State and shall establish, organize and support such other public institutions of learning, as may be desirable. | S.C. Const. art. XI, § 3 | N/A | No money shall be paid from public funds nor shall the credit of the state or any of its political subdivisions be used for the direct benefit of any religious or other private educational institution. | S.C. Const. art. XI, § 4 | N/A | N/A | N/A | The legislative power of the state shall be vested in two distinct branches, the one to be styled the "Senate," and the other the "House of Representatives," and both together in the "General Assembly of the State of South Carolina." The general assembly shall provide for the maintenance and support of a system of free public schools open to all children in the state and shall establish, organize and support such other public institutions of learning as may be desirable. |
S.C. Const. art. III, § 1 S.C. Const. art. XI, § 3 |
The general assembly elects sixteen (of seventeen) members of the state board of education. | S.C. Const. art. XI, § 1 S.C. Code Ann. § 59-5-10 |
House Education and Public Works Committee Senate Education Committee |
Link | State constitution and state statute | The supreme executive authority of the state is vested in a chief magistrate who shall be styled "The Governor of South Carolina." The governor shall take care that laws be faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. If the governor shall not approve of any one or more of the items or sections contained in any bill appropriating money, but shall approve of the residue thereof, it shall become law. |
S.C. Const. art. IV, § 1 S.C. Const. art. IV, § 15 S.C. Const. art. IV, § 21 |
The governor appoints one member of the state board of education. | S.C. Const. art. XI, § 1 | State constitution and state statute | The superintendent of public instruction is an executive officer in the state of South Carolina. The state superintendent of public instruction shall: - Serve as the secretary and administrative officer to the state board of education. - Keep the public informed as to the problems and needs of the public school system by constant contact with teachers and school administrators, and by in-person appearances. |
S.C. Const. art. XI, § 2 S.C. Code Ann. § 59-3-30 |
The superintendent has the authority to: - Organize, staff, and administer the state department of education. - Administer through the department of education all policies and procedures adopted by the state board of education. - Assume any other responsibilities and perform any other duties as prescribed by law or assigned by the state board of education. |
S.C. Code Ann. § 59-3-30 S.C. Code Ann. § 1-1-110 |
The superintendent of education shall be elected at each general election. The superintendent shall serve for a term of four years, coterminous with that of the governor. | S.C. Code Ann. § 59-3-10 S.C. Const. art. VI, § 7 |
Statute and state constitution. | S.C. Code Ann. § 59-3-10 S.C. Code Ann. § 59-3-30 S.C. Code Ann. § 1-1-110 S.C. Const. art. XI, § 2 S.C. Const. art. VI, § 7 |
State Superintendent of Education serves as secretary and administrative officer to the State Board of Education. | S.C. Code Ann. § 59-3-30 | N/A | Statute | S.C. Code Ann. § 59-3-30 | The state board of education has the power to: - Adopt policies, rules, and regulations for the government of free schools. - Approve and submit budget requests to the governor and the general assembly. - Adopt minimum academic standards. - Prescribe and enforce rules for the licensure and certification of school personnel. - Prescribe and enforce courses of study. - Prescribe and enforce textbooks and materials used in free schools. - Cooperate fully with the state superintendent for the improvement of schools. - Assume other responsibilities and duties as provided by law. |
S.C. Const. art. XI, § 1 S.C. Code Ann. § 59-5-60 |
The board is composed of one member from each of the judicial circuits of the state, plus one additional member. | S.C. Const. art. XI, § 1 | District members are elected by the legislative delegations representing each circuit. One member is appointed by the governor. | S.C. Const. art. XI, § 1 S.C. Code Ann. § 59-5-10 |
Members serve four year terms. In order to serve additional terms, members must receive unanimous consent from the legislative delegation. | S.C. Code Ann. § 59-5-10 | State constitution and statute | S.C. CONST Art. XI, § 1 SC Code 1976 § 59-5-10 SC Code 1976 § 59-5-60 |
Each school district shall be under the management and control of the board of trustees. Boards have the powers to: - Provide suitable schoolhouses in its district and make them comfortable. - Employ and discharge teachers. - Promulgate rules prescribing scholastic standards of achievement and standards of conduct and behavior. - Control school property. - Manage and control local educational interests. - Transfer any pupil from one school to another so as to promote the best interests of education. |
S.C. Code Ann. § 59-19-10 S.C. Code Ann. § 59-19-90 |
School boards are composed of three trustees. Trustees are appointed, however Section 59-19-30 does not repeal, supersede nor annul any special act providing for the appointment or election of school trustees in any school district. | S.C. Code Ann. § 59-19-20 S.C. Code Ann. § 59-19-40 |
|||||
| South Dakota | Article VIII | The stability of a republican form of government depending on the morality and intelligence of the people, it shall be the duty of the legislature to establish and maintain a general and uniform system of public schools wherein tuition shall be without charge, and equally open to all; and to adopt all suitable means to secure to the people the advantages and opportunities of education. | S.D. Const. art. VIII, § 1 | Section 2. All proceeds of the sale of public lands that have heretofore been or may hereafter be given by the United States for the use of public schools in the state...shall be and remain a perpetual fund for the maintenance of public schools in the state. It shall be deemed a trust fund held by the state. The principal shall never be diverted by legislative enactment for any other purpose, and may be increased; but, if any loss occurs through any unconstitutional act, the state shall make the loss good through a special appropriation. Section 3. The interest and income of this fund together with all other sums which may be added thereto by law, shall be faithfully used and applied each year for the benefit of the public schools of the state... The proceeds of all fines collected from violations of state laws shall be paid to the county treasurer of the county in which the fine was imposed, and distributed by the county treasurer among and between all of the several public schools incorporated in such county in proportion to the number of children in each, of school age, as may be fixed by law. Section 15. The legislature shall make such provision by general taxation and by authorizing the school corporations to levy such additional taxes as with the income from the permanent school fund shall secure a thorough and efficient system of common schools throughout the state. The legislature is empowered to classify properties within school districts into separate classes for purposes of school taxation. Taxes shall be uniform on all property in the same class. |
S.D. Const. art. VIII, § 2 S.D. Const. art. VIII, § 3 S.D. Const. art. VIII, § 15 |
No appropriation of lands, money or other property or credits to aid any sectarian school shall ever be made by the state, or any county or municipality within the state, nor shall the state or any county or municipality within the state accept any grant, conveyance, gift or bequest of lands, money or other property to be used for sectarian purposes, and no sectarian instruction shall be allowed in any school or institution aided or supported by the state. | S.D. Const. art. VIII, § 16 | N/A | N/A | N/A | The legislative power of the state shall be vested in a legislature which shall consist of a senate and a house of representatives. It shall be the duty of the legislature to establish and maintain a general and uniform system of public schools wherein tuition shall be without charge and equally open to all; and to adopt suitable means to secure to the people the advantages and opportunities of education. |
S.D. Const. art. III, § 1 S.D. Const. art. VIII, § 1 |
The senate provides advice and consent for the governor's appointments for secretary of education and the state board of education standards. | S.D. Const. art. IV, § 9 | House Education Committee Senate Education Committee |
Link | State constitution and state statute | The executive power of the state shall be vested in the governor. The governor shall be responsible for the faithful execution of the law. The governor has the authority to approve or disapprove bills passed by the legislature. |
S.D. Const. art. IV, § 1 S.D. Const. art. IV, § 3 S.D. Const. art. IV, § 4 |
The governor appoints the secretary of education and the state board of education standards with the advice and consent of the senate. | S.D. Codified Laws § 1-45-6.1 S.D. Const. art. IV, § 9 |
State constitution and state statute | The head of the department of education is the secretary of education. The secretary is responsible for the accreditation of schools in the state. The secretary shall determine and submit to the board the cycle for standards review. The secretary shall develop a uniform system for gathering and reporting educational data for the keeping of adequate educational and financial records and for the evaluation of educational progress. |
S.D. Codified Laws § 1-45-2 S.D. Codified Laws § 13-3-47 S.D. Codified Laws § 13-3-48 S.D. Codified Laws § 13-3-51 |
The secretary of education provides general supervision over elementary and secondary schools in the state. The secretary has the authority to review and make recommendations for the budget of the department, approve comprehensive plans, and perform other organizational duties as prescribed by law. |
S.D. Codified Laws § 1-45-4 S.D. Codified Laws § 13-3-1.4 |
The secretary of education is appointed by the governor with the advice and consent of the senate. The secretary serves at the pleasure of the governor. | S.D. Const. art. IV, § 9 | Statute. | S.D. Codified Laws § 13-3-47 S.D. Codified Laws § 13-3-48 S.D. Codified Laws § 13-3-51 |
N/A | N/A | N/A | The board of education standards and the state department of education shall work jointly to ensure students enter the K-12 system ready to learn. The board and the department shall work to develop standards and practices that ensure that, by the third grade, all children have learned fundamental reading, mathematics, language, science, and technology skills that form the foundation for further learning. The board and the department shall work together to develop standards and practices that ensure that, by completion of the twelfth grade, all students, to the best of their abilities, have learned the educational and personal skills that will allow them to enter adulthood as responsible members of society. The board shall promulgate administrative rules to establish the state accountability system based on achievement and other indicators. |
S.D. Codified Laws § 13-1-43 S.D. Codified Laws § 13-3-69 |
The board is composed of seven members. | S.D. Codified Laws § 1-45-6.1 | Members are appointed by the governor with the advice and consent of the senate. | S.D. Codified Laws § 1-45-6.1 | Members serve four year terms. No member may serve more than 3 consecutive terms, however they may be reappointed if more than two years have passed since their last term. | S.D. Codified Laws § 1-45-6.1 | Statute | S.D. Codified Laws § 1-45-6.1 S.D. Codified Laws § 13-1-43 S.D. Codified Laws § 13-3-69 |
The school board serves as the governing board of a school district for the purpose of organizing, maintaining, and locating schools and for providing educational opportunities and services for all citizens residing within the school district. The school board must annually file a report with the department of education containing all the educational and financial information and statistics of the school district. | S.D. Codified Laws § 13-8-1 S.D. Codified Laws § 13-8-47 |
School boards are composed of five, seven or nine members. Members are elected. The voters of any school district may vote to increase or decrease the number of members. | S.D. Codified Laws § 13-8-1 S.D. Codified Laws § 13-8-2 S.D. Codified Laws § 13-8-3 S.D. Codified Laws § 13-8-4 |
||||||
| Texas | Article VII | A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the legislature of the state to establish and make suitable provision for the support and maintenance of an efficient system of public free schools. | Tex. Const. art. VII, § 1 | Section 2. All funds, lands and other property heretofore set apart and appropriated for the support of public schools; all the alternate sections of land reserved by the State out of grants heretofore made or that may hereafter be made to railroads or other corporations of any nature whatsoever; one half of the public domain of the state; and all sums of money that may come to the state from the sale of any portion of the same, shall constitute a permanent school fund. Section 3. (a) One-fourth of the revenue derived from the state occupation taxes shall be set apart annually for the benefit of the public free schools. (b) It shall be the duty of the state board of education to set aside a sufficient amount of available funds to provide free text books for the use of children attending the public free schools of this state. (c) Should the taxation herein named be insufficient the deficit may be met by appropriation from the general funds of the state. (d) The legislature may provide for the formation of school districts by general laws, and all such school districts may embrace parts of two or more counties. (e) The legislature shall be authorized to pass laws for the assessment and collection of taxes in all school districts and for the management and control of the public school or schools of such districts, whether such districts are composed of territory wholly within a county or in parts of two or more counties, and the legislature may authorize an additional ad valorem tax to be levied and collected within all school districts for the further maintenance of public free schools, and for the erection and equipment of school buildings therein; provided that a majority of the qualified voters of the district voting at an election to be held for that purpose, shall approve the tax. Section 5. (c) The available school fund shall be applied annually to the support of the public free schools. Except as provided by this section, the legislature may not enact a law appropriating any part of the permanent school fund or available school fund to any other purpose. The permanent school fund and the available school fund may not be appropriated to or used for the support of any sectarian school. The available school fund shall be distributed to the several counties according to their scholastic population and applied in the manner provided by law. |
Tex. Const. art. VII, § 2 Tex. Const. art. VII, § 3 Tex. Const. art. VII, § 5 |
(c) The available school fund shall be applied annually to the support of the public free schools. Except as provided by this section, the legislature may not enact a law appropriating any part of the permanent school fund or available school fund to any other purpose. The permanent school fund and the available school fund may not be appropriated to or used for the support of any sectarian school. The available school fund shall be distributed to the several counties according to their scholastic population and applied in the manner provided by law. | Tex. Const. art. VII, § 5 | N/A | N/A | N/A | The legislative power of this state shall be vested in a senate and house of representatives, which together shall be styled “The Legislature of the State of Texas.” It shall be the duty of the legislature of the state to establish and make suitable provision for the support and maintenance of an efficient system of public free schools. The legislature may provide for the formation of school districts by general laws, and all such school districts may embrace parts of two or more counties. The legislature shall be authorized to pass laws for the assessment and collection of taxes in all school districts. |
Tex. Const. art. III, § 1 Tex. Const. art. VII, § 1 Tex. Const. art. VII, § 3 |
The senate provides advice and consent for the governor's appointment for commissioner of education. | Tex. Educ. Code Ann. § 7.051 | House Public Education Committee Senate Education Committee |
House Link Senate Link |
State constitution and state statute | The executive department of the state shall consist of a governor, who shall be the chief executive officer of the state. He shall cause the laws to be faithfully executed and shall conduct, in person, or in such manner as shall be prescribed by law, all intercourse and business of the state with other states and with the United States. The governor has the authority to approve or disapprove bills passed by the legislature. If any bill presented to the governor contains several items of appropriation he may object to one or more of such items, and approve the other portion of the bill. |
Tex. Const. art. IV, § 1 Tex. Const. art. IV, § 10 Tex. Const. art. IV, § 14 |
The governor appoints the commissioner of education with the advice and consent of the senate. | TX Education Code Ann. § 7.05 | State statute | The commissioner shall serve as the educational leader of the state, executive officer of the agency and as executive secretary of the board. The commissioner shall carry out the duties imposed on the commissioner by the board or the legislature. The commissioner may visit different areas of this state, address teachers' associations and educational gatherings, instruct teachers, and promote all aspects of education. The commissioner shall coordinate and implement teacher recruitment programs. The commissioner shall perform duties in connection with the foundation school program. |
Tex. Educ. Code Ann. § 7.055 |
The commissioner shall prescribe a uniform system of forms, reports, and records necessary to fulfill the reporting and recordkeeping requirements of this title. The commissioner may delegate ministerial and executive functions to agency staff and may employ division heads and any other employees and clerks to perform the duties of the agency. The commissioner shall appoint an agency auditor. The commissioner may provide for reductions in the number of agency employees. The commissioner shall adopt a recommended appraisal process and criteria on which to appraise the performance of teachers, a recommended appraisal process and criteria on which to appraise the performance of administrators, and a job description and evaluation form for use in evaluating school counselors. |
Tex. Educ. Code Ann. § 7.055 |
The commissioner of education is appointed by the governor with the advice and consent of the senate. The commissioner serves a term of office of four years commensurate with the term of the governor. |
Tex. Educ. Code Ann. § 7.051 Tex. Educ. Code Ann. § 7.052 |
Statute. | Tex. Educ. Code Ann. § 7.051 Tex. Educ. Code Ann. § 7.052 |
The commissioner of education serves as executive secretary of the state board of education. | Tex. Educ. Code Ann. § 7.055 |
N/A | Statute | Tex. Educ. Code Ann. § 7.055 |
The state board has the following powers and duties: - The board shall develop and update a long-range plan for public education. - The board shall establish curriculum and graduation requirements. - The board may establish rules and regulations for charter schools. - The board shall adopt rules prescribing the form and content of information school districts are required to provide concerning programs offered by state institutions. - The board shall perform duties in connection with the public school accountability system. - The board shall adopt rules concerning school district budgets and audits of school district fiscal accounts. |
Tex. Educ. Code Ann. § 7.102 | The board is composed of 15 members from different districts. | Tex. Educ. Code Ann. § 7.101 | Members of the state board of education are elected. | Tex. Educ. Code Ann. § 7.101 | Members serve four year terms. | Tex. Educ. Code Ann. § 7.104 | Statute | Tex. Educ. Code Ann. § 7.101 Tex. Educ. Code Ann. § 7.102 Tex. Educ. Code Ann. § 7.104 |
The trustees of and independent school district, as a body corporate, have the exclusive power and duty to govern and oversee the management of the public schools of the district. All powers and duties not specifically delegated by statute to the agency or to the state board of education are reserved for the trustees. The trustees may adopt rules and bylaws necessary to carry out its powers and duties. Boards will: - Seek to establish working relationships with other public entities to make effective use of community resources and to serve the needs of public school students in the community. - Adopt a vision statement and comprehensive goals for the district and the superintendent and monitor progress. - Establish performance goals for the district concerning the academic and fiscal performance indicators and any performance indicators adopted by the district. - Ensure that the superintendent is accountable for achieving performance results. - Adopt a policy to establish a district- and campus-level planning and decision-making process. - Publish an annual educational performance report. - Adopt an annual budget for the district and a tax rate each fiscal year. |
Tex. Educ. Code Ann. § 11.151 Tex. Educ. Code Ann. § 11.1511 |
The board is composed of the number of members that the district had on September 1, 1995. A board of trustees that has three or five members may by resolution increase the membership to seven. Trustees are elected. | Tex. Educ. Code Ann. § 11.051 Tex. Educ. Code Ann. § 11.059 |
||||
| Utah | Article X | Section 1. The legislature shall provide for the establishment and maintenance of the state's education systems including: (a) a public education system, which shall be open to all children of the state; and (b) a higher education system. Both systems shall be free from sectarian control. Section 2. The public education system shall include all public elementary and secondary schools and such other schools and programs as the Legislature may designate. The higher education system shall include all public universities and colleges and such other institutions and programs as the legislature may designate. Public elementary and secondary schools shall be free, except the legislature may authorize the imposition of fees in the secondary schools. |
Utah Const. art. X, § 1 Utah Const. art. X, § 2 |
(4) The Uniform School Fund shall be maintained and used for the support of the state's public education system as defined in Article X, Section 2 of this constitution and apportioned as the legislature shall provide. | Utah Const. art. X, § 5 | Section 1. The legislature shall provide for the establishment and maintenance of the state's education systems including: (a) a public education system, which shall be open to all children of the state; and (b) a higher education system. Both systems shall be free from sectarian control. Section 9. Neither the state of Utah nor its political subdivisions may make any appropriation for the direct support of any school or educational institution controlled by any religious organization. |
Utah Const. art. X, § 1 Utah Const. art. X, § 9 |
N/A | N/A | N/A | The legislative power of the state shall be vested in a senate and house of representatives which shall be designated the legislature of the state of utah. The legislature shall provide for the establishment and maintenance of the state's education systems including a public education system, which shall be open to all children of the state and a higher education system. The public education system shall include all public elementary and secondary schools and such other schools and programs as the legislature may designate. Public elementary and secondary schools shall be free, except the legislature may authorize the imposition of fees in the secondary schools. |
Utah Const. art. VI, § 1 Utah Const. art. X, § 1 Utah Const. art. X, § 2 |
N/A | House Education Committee Senate Education Committee |
Link | State constitution | The executive power of the state shall be vested in the governor who shall see that the laws are faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. The governor may disapprove any item of appropriation contained in any bill while approving other portions of the bill. |
Utah Const. art. VII, § 5 Utah Const. art. VII, § 8 |
N/A | N/A | The superintendent is the executive officer of the state board. The state superintendent shall perform duties assigned by the state board of education, including: - Investigating all matters pertaining to the public schools. - Adopting and keeping an official seal to authenticate the state superintendent's official acts. - Collecting and organizing education data. - Holding and conducting meetings, seminars, and conferences on educational topics. |
Utah Code Ann. § 53E-3-301 Utah Const. art. X, § 3 |
The state board of education shall, with the state superintendent, develop a statewide education strategy focusing on core academics, including the development of: - Core standards for Utah public schools and graduation requirements. - A process to select model instructional materials that best correlate with the core standards for Utah public schools and graduation requirements that are supported by generally accepted scientific standards of evidence. - Professional development programs for teachers, superintendents, and principals. - Model remediation programs. - A model method for creating individual student learning targets, and a method of measuring an individual student's performance toward those targets. - Progress-based assessments for ongoing performance evaluations of school districts and schools. - Incentives to achieve the desired outcome of individual student progress in core academics that do not create disincentives for setting high goals for the students. - An annual report card for school and school district performance, measuring learning and reporting progress-based assessments. - A systematic method to encourage innovation in schools and school districts as each strives to achieve improvement in performance. - A method for identifying and sharing best demonstrated practices across school districts and schools. |
Utah Code Ann. § 53E-3-301 Utah Const. art. X, § 3 |
The superintendent of public instruction is appointed by the state board of education. The superintendent serves at the pleasure of the state board. | Utah Code Ann. § 53E-3-301 Utah Const. art. X, § 3 |
Statute and state constitution. | Utah Code Ann. § 53E-3-301 Utah Const. art. X, § 3 |
N/A | N/A | N/A | The state board of education has general control and supervision of the state's public education system. The board appoints State Superintendent of Public Instruction. The state board of education has general control and supervision of the state's public education system. The board may make rules to execute the board's duties and responsibilities under the Utah Constitution and state law. The board may sell any interest it holds in real property upon a finding by the board that the property interest is surplus. The board may audit the use of state funds by an education entity that receives those state funds as a distribution from the board. The board may appoint an attorney to provide legal advice to the board and coordinate legal affairs for the board and the board's employees. |
Utah Const. art. X, § 3 Utah Code Ann. § 53E-3-401 |
The board is composed of fifteen members, one from each school district. | Utah Code Ann. § 20A-14-101.5 | Members are elected from the fifteen districts established by the legislature. | Utah Code Ann. § 20A-14-101.5 | Not identified in statute. | State constitution and statute | Utah Const. art. X, § 3 Utah Code Ann. § 53E-3-401 Utah Code Ann. § 20A-14-101.5 |
A local school board will: - Implement the core standards for Utah public schools using instructional materials that best correlate to the core standards. - Administer tests, required by the state board, which measure the progress of each student, and coordinate with the state superintendent and state board to assess results and create plans to improve the student's progress, and submit them to the state board for approval. - Use progress-based assessments as part of a plan to identify schools, teachers, and students that need remediation. - Develop early warning systems for students or classes failing to make progress. - Work with the state board to establish a library of documented best practices. |
Utah Code Ann. § 53G-4-402 | A board is composed of seven members. Members are elected. | Utah Code Ann. § 20A-14-202 Utah Code Ann. § 53G-4-201 |
|||||||||
| Vermont | Chapter II, § 68 | Laws for the encouragement of virtue and prevention of vice and immorality ought to be constantly kept in force, and duly executed; and a competent number of schools ought to be maintained in each town unless the general assembly permits other provisions for the convenient instruction of youth. | Vt. Const. CH II, § 68 | N/A | N/A | N/A | N/A | N/A | The supreme legislative power shall be exercised by a senate and a house of representatives. The senate and the house of representatives shall be styled, The general assembly of the state of Vermont. Each shall have and exercise the like powers in all acts of legislation, and no bill, resolution, or other thing, which shall have been passed by the one, shall have the effect of, or be declared to be, a law, without the concurrence of the other. A competent number of schools ought to be maintained in each town unless the general assembly permits other provisions for the convenient instruction of youth. |
Vt. Const. CH II, § 2 Vt. Const. CH II, § 6 Vt. Const. CH II, § 68 |
The senate provides advice and consent for the governor's appointments for the secretary of education and to the state board of education. | Vt. Stat. Ann. tit. 3, § 2702 Vt. Stat. Ann. tit. 16, § 161 |
House Education Committee Senate Education Committee |
House Link Senate Link |
State constitution and state statute | The supreme executive power shall be exercised by a governor. The governor is also to take care that the laws be faithfully executed, among other executive duties. The governor has the authority to approve or disapprove bills passed by the legislature. All interdepartmental agencies are attached to the governor's office, including the department of education. |
Vt. Const. CH II, § 3 Vt. Const. CH II, § 20 Vt. Const. CH II, § 11 3 VT Stat. Ann. § 2 |
The governor appoints the secretary of education with the advice and consent of the senate from no fewer than three candidates proposed by the state board of education. The governor appoints the members of the state board of education with the advice and consent of the senate. |
Vt. Stat. Ann. tit. 3, § 2702 Vt. Stat. Ann. tit. 16, § 161 |
State statute | The secretary of education shall: - Coordinate the educational work of the public schools with higher education in the state. - Identify educational goals of the public schools and promote education in the state. - Advise the legislature. - Supervise and direct the execution of laws, ensure compliance and oversee the expenditure and distribution of money appropriated. - Establish requirements for information to be provided by schools. - Make recommendations to school boards on transportation policies. - Convene meetings, communicate with superintendents, and publish all information necessary for local school districts to perform their duties. - Establish an information clearinghouse and accessible database to help districts share information about educational programs and practices that improve student performance. - Prepare a budget for the Agency and submit it to the Governor after review by the State Board. |
Vt. Stat. Ann. tit. 16, § 212 | The agency of education shall be under the direction and supervision of a secretary of education. The secretary shall report directly to the governor and shall be a member of the governor's cabinet. |
Vt. Stat. Ann. tit. 3, § 2701 Vt. Stat. Ann. tit. 3, § 2702 |
The governor appoints the secretary of education with the advice and consent of the senate from no fewer than three candidates proposed by the state board of education. The secretary of education serves at the pleasure of the governor. |
Vt. Stat. Ann. tit. 3, § 2702 | Statute and state constitution. | Vt. Stat. Ann. tit. 3, § 2701 Vt. Stat. Ann. tit. 3, § 2702 Vt. Stat. Ann. tit. 16, § 212 |
The secretary of education serves on the state board as a nonvoting member. The secretary may employ such number of deputy secretaries as he or she deems necessary. |
16 VT Stat. Ann. § 161 16 VT Stat. Ann. § 213 |
N/A | Statute | 16 VT Stat. Ann. § 161 16 VT Stat. Ann. § 213 |
The state board of education shall evaluate education policy proposals and establish and advance education policy for the state. Additionally, the board will: - Establish such advisory commissions as in the judgment of the board will be of assistance to it in carrying out its duties. - Have the authority to enter into agreements with school districts, municipalities, states, the United States, foundations, agencies, or individuals for service, educational programs, or research projects. - Review and comment on an agency budget prepared by the secretary for the governor. - Make regulations governing the attendance and records of attendance of all students and the deportment of students attending public schools. - Implement and continually update standards for student performance in appropriate content areas and at appropriate intervals for K-12 schools. - If deemed advisable, determine educational standards for admission to and graduation from the public schools. - Report annually on the condition of education statewide and on a school-by-school basis. - The state board of education shall adopt a statewide strategic education plan and update and readopt a plan every five years. |
Vt. Stat. Ann. tit. 16, § 164 Vt. Stat. Ann. tit. 16, § 164a |
The state board is composed of ten members. Two members are secondary students; one is a full member and the other a non-voting, junior member. The secretary of education serves on the board as a nonvoting member. | Vt. Stat. Ann. tit. 16, § 161 | Members are appointed by the governor with the advice and consent of the senate. | Vt. Stat. Ann. tit. 16, § 161 | Student members serve two year terms. Other members serve six year terms. | Vt. Stat. Ann. tit. 16, § 161 | Statute | Vt. Stat. Ann. tit. 16, § 161 Vt. Stat. Ann. tit. 16, § 164 Vt. Stat. Ann. tit. 16, § 164a |
The duties of each board of each supervisory union are to: - Establish a supervisory union-wide curriculum. - Establish and implement a plan for receiving and disbursing federal and State funds distributed by the Agency of Education. - Provide professional development programs or arrange for the provision of them, or both, for teachers, administrators, and staff. - Provide special education services on behalf of its member districts and compensatory and remedial services. - Provide services for the benefit of member districts in a manner that promotes the efficient use of financial and human resource. A school board of a school district has the power to: - Determine the educational policies of the school district. - Approve or disapprove rules and regulations proposed by the principal or superintendent for the conduct and management of public schools in the district. - Take any action that is required for the sound administration of the school district. - Possess, care, control, and management of the property of the school district. - Keep the school buildings and grounds in good repair, suitably equipped, insured, and in safe and sanitary condition. - Prepare and distribute annually a proposed budget for the next school year. |
Vt. Stat. Ann. tit. 16, § 261a Vt. Stat. Ann. tit. 16, § 563 |
The number of directors of a supervisory union is established in a meeting of the school directors of the school districts in the supervisory union. Members are elected. School boards are composed of three directors. The electorate may elect not more than two additional directors. Directors are elected. |
Vt. Stat. Ann. tit. 16, § 262 Vt. Stat. Ann. tit. 16, § 423 |
||||||
| Virginia | Article VIII | The general assembly shall provide for a system of free public elementary and secondary schools for all children of school age throughout the commonwealth, and shall seek to ensure that an educational program of high quality is established and continually maintained. | Va. Const. art. VIII, § 1 | The general assembly shall determine the manner in which funds are to be provided for the cost of maintaining an educational program meeting the prescribed standards of quality, and shall provide for the apportionment of the cost of such program between the commonwealth and the local units of government comprising such school divisions. Each unit of local government shall provide its portion of such cost by local taxes or from other available funds. | Va. Const. art. VIII, § 2 | No appropriation of public funds shall be made to any school or institution of learning not owned or exclusively controlled by the state or some political subdivision thereof; provided, first, that the general assembly may, and the governing bodies of the several counties, cities and towns may, subject to such limitations as may be imposed by the general assembly, appropriate funds for educational purposes which may be expended in furtherance of elementary, secondary, collegiate or graduate education of Virginia students in public and nonsectarian private schools and institutions of learning, in addition to those owned or exclusively controlled by the state or any such county, city or town; second, that the general assembly may appropriate funds to an agency, or to a school or institution of learning owned or controlled by an agency, created and established by two or more states under a joint agreement to which this state is a party for the purpose of providing educational facilities for the citizens of the several states joining in such agreement; third, that counties, cities, towns, and districts may make appropriations to nonsectarian schools of manual, industrial, or technical training, and also to any school or institution of learning owned or exclusively controlled by such county, city, town, or school district. The general assembly shall not make any appropriation of public funds, personal property, or real estate to any church or sectarian society, or any association or institution of any kind whatever which is entirely or partly, directly or indirectly, controlled by any church or sectarian society. Nor shall the general assembly make any like appropriation to any charitable institution which is not owned or controlled by the commonwealth; the general assembly may, however, make appropriations to nonsectarian institutions for the reform of youthful criminals and may also authorize counties, cities, or towns to make such appropriations to any charitable institution or association. |
Va. Const. art. IV, § 16 | N/A | N/A | N/A | The legislative power of the commonwealth shall be vested in a general assembly, which shall consist of a senate and house of delegates. The general assembly shall provide for a system of free public elementary and secondary schools for all children of school age throughout the commonwealth, and shall seek to ensure that an educational program of high quality is established and continually maintained. The general assembly shall determine the manner in which funds are to be provided for the cost of maintaining an educational program meeting the prescribed standards of quality, and shall provide for the apportionment of the cost of such program between the commonwealth and the local units of government comprising such school divisions. The general assembly shall provide for the compulsory elementary and secondary education of every eligible child of appropriate age, such eligibility and age to be determined by law. |
Va. Const. art. IV, § 1 Va. Const. art. VIII, § 1 Va. Const. art. VIII, § 2 Va. Const. art. VIII, § 3 |
The general assembly confirms the governor's appointments to the state board of education and for state superintendent of public instruction. | Va. Const. art. VIII, § 4 Va. Code Ann. § 22.1-9 Va. Const. art. VIII, § 6 Va. Code Ann. § 22.1-21 |
House Education Committee Senate Education and Health Committee |
House Link Senate Link |
State constitution and state statute | The chief executive power of the Commonwealth shall be vested in a governor. The governor has the authority to approve or disapprove bills passed by the legislature. The governor shall have the power to veto any particular item or items of an appropriation bill, but the veto shall not affect the item or items to which he does not object. The governor shall take care that the laws be faithfully executed. |
Va. Const. art. V, § 1 Va. Const. art. V, § 6 Va. Const. art. V, § 7 |
The governor appoints the state board of education and the superintendent of public instruction, subject to confirmation by the general assembly. | VA Const. Art. 8, § 6 VA Const. Art. 8, § 4 Va. Code Ann. § 22.1-9 Va. Code Ann. § 22.1-21 |
State constitution and state statute | The superintendent of public instruction shall: - Serve as secretary of the board of education. - Provide such assistance in his office as shall be necessary for the proper and uniform enforcement of the provisions of the school laws in cooperation with the local school authorities. - At least annually, survey all local school divisions to identify critical shortages of teachers, administrative personnel, and school-bus drivers. - Perform such other duties as the board of education may prescribe. |
Va. Code Ann. § 22.1-23 | The secretary may: - Resolve administrative, jurisdictional, or policy conflicts between any agencies or officers for which he is responsible. - Provide policy direction for programs involving more than a single agency. - Direct preparation of alternative policies, plans, and budgets for education for the governor. - Direct the formulation of a comprehensive program budget for cultural affairs encompassing the programs and activities of the agencies involved in cultural affairs. - Consult with agencies for which they are responsible and report to the general assembly. |
Va. Code Ann. § 2.2-208 | The superintendent of public instruction is appointed by the governor, after consultation with the state board of education and confirmation by the general assembly. The superintendent serves a term that is coincident with that of the governor. | Va. Code Ann. § 22.1-21 Va. Const. art. VIII, § 6 |
Statute and state constitution. | Va. Code Ann. § 22.1-21 Va. Code Ann. § 22.1-23 Va. Code Ann. § 2.2-208 Va. Const. art. VIII, § 6 |
The superintendent of public instruction serves as secretary to the state board of education. | VA Code Ann. § 22.1-23 | N/A | Statute | VA Code Ann. § 22.1-23 | The general supervision of the public school system shall be vested in the board of education. The powers and duties of the state board of education include: - Dividing the Commonwealth into school divisions in such geographical area and school-age population that will promote the realization of the prescribed standards of quality, and will periodically review the adequacy of existing school divisions. - Annually reporting to the governor and the general assembly concerning the condition and needs of public education, identifying any school divisions which have failed to establish and maintain schools meeting the prescribed standards of quality. - Certifying to the school board of each division a list of qualified persons for the office of division superintendent of schools, one of whom shall be selected to fill the post by the division school board. - Authority to approve textbooks and instructional aids and materials for use in courses in the public schools of the commonwealth. - Any other powers and duties as may be prescribed by law. |
Va. Const. art. VIII, § 5 Va. Code Ann. § 22.1-8 |
The board is composed of nine members. | Va. Const. art. VIII, § 4 Va. Code Ann. § 22.1-9 |
Members are appointed by the governor, subject to confirmation by the general assembly. | Va. Const. art. VIII, § 4 Va. Code Ann. § 22.1-9 |
Members serve four year terms. No member may serve more than two consecutive terms. | Va. Const. art. VIII, § 4 Va. Code Ann. § 22.1-9 |
State constitution and statute | Va. Const. art. VIII, § 4 Va. Const. art. VIII, § 5 Va. Code Ann. § 22.1-8 Va. Code Ann. § 22.1-9 |
The supervision of schools in each school division is vested in a school board. A school board has the power to: - See that the school laws are properly explained, enforced and observed. - Care for, manage and control the property of the school division and provide for the erecting, furnishing, equipping, and non-instructional operating of necessary school buildings. - Provide for the consolidation of schools or redistricting of school boundaries. - Operate and maintain the public schools in the school division and determine the length of the school term, the studies to be pursued, the methods of teaching and the government to be employed in the schools. |
Va. Const. art. VIII, § 7 Va. Code Ann. § 22.1-79 |
Members may be appointed or elected. The board of county supervisors shall establish by resolution the number of school board members. In school divisions composed of a single county, members are appointed by the school board selection commission. A petition may be filed to transfer appointment authority to the governing body of the county. The school board of a school division composed of a county having a county manager plan form of government consists of not less than three nor more than seven members who shall be chosen by the board of county supervisors. The exact number of members shall be determined by the board of county supervisors. In counties with a county manager plan of government, voters may petition to transition from an appointed board to an elected board. The school board of a city or town which constitutes a school division is appointed by the governing body of such city or town and consists of three members for each district in such city or town. However, the school board of a school division composed of any city or town having only one district consists of five members. The school board of any school division which is composed of less than one county or city or part or all of more than one county or city consists of no fewer than six nor more than nine members, the exact number to be determined by the governing body of the county or city if the school division is composed of less than one county or city or by agreement of the governing bodies of the counties and cities in the school division if composed of part or all of more than one county or city. |
Va. Code Ann. § 22.1-71 Va. Code Ann. § 15.2-410 Va. Code Ann. § 22.1-36 Va. Code Ann. § 22.1-42 Va. Code Ann. § 22.1-47 Va. Code Ann. § 22.1-47.3 Va. Code Ann. § 22.1-50 Va. Code Ann. § 22.1-53 |
||||
| Washington | Article IX | Section 1. It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex. Section 2. The legislature shall provide for a general and uniform system of public schools. The public school system shall include common schools, and such high schools, normal schools, and technical schools as may hereafter be established. But the entire revenue derived from the common school fund and the state tax for common schools shall be exclusively applied to the support of the common schools. |
Wash. Const. art. IX, § 1 Wash. Const. art. IX, § 2 |
But the entire revenue derived from the common school fund and the state tax for common schools shall be exclusively applied to the support of the common schools. | Wash. Const. art. IX, § 2 | All schools maintained or supported wholly or in part by the public funds shall be forever free from sectarian control or influence. | Wash. Const. art. IX, § 4 | N/A | N/A | N/A | The legislative authority of the state of Washington shall be vested in the legislature, consisting of a senate and house of representatives, which shall be called the legislature of the state of Washington. The legislature shall provide for a general and uniform system of public schools. |
RCWA Const. Art. 2, § 1 RCWA Const. Art. 9, § 2 |
The senate confirms the governor's appointments to the state board of education. | Wash. Rev. Code Ann. § 28A.305.011 | House Education Committee Senate Early Learning & K-12 Education |
Link | State constitution and state statute | The supreme executive power of this state shall be vested in a governor. The governor shall see that laws are faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. If any bill presented to the governor contain several sections or appropriation items, he may object to one or more sections or appropriation items while approving other portions of the bill. |
Wash. Const. art. III, § 2 Wash. Const. art. III, § 5 Wash. Const. art. III, § 12 |
The governor appoints seven members of the state board of education subject to confirmation by the senate | Wash. Rev. Code Ann. § 28A.305.011 | State statute | The superintendent of public instruction shall: - Report to the governor and the legislature such information and data as may be required for the management and improvement of the schools. - Travel, without neglecting his or her other official duties as superintendent of public instruction, for the purpose of attending educational meetings or conventions, of visiting schools, and of consulting educational service district superintendents or other school officials. - Keep in the superintendent's office a record of all teachers receiving certificates to teach in the common schools of this state. - Administer family services and programs to promote the state's policy. - Promote the adoption of school-based curricula and policies that provide quality, daily physical education for all students, and to encourage policies that provide all students with opportunities for physical activity outside of formal physical education classes. - Perform such other duties as may be required by law. |
Wash. Rev. Code Ann. § 28A.300.040 | The superintendent of public instruction has the authority to: - Supervise all matters pertaining to the public schools of this state. - Issue certificates as provided by law. - Administer oaths and affirmations in the discharge of the superintendent's official duties. - Exercise such other powers as may be required by law. |
Wash. Rev. Code Ann. § 28A.300.040 | The superintendent of public instruction shall be elected by the qualified electors of the state for a term of four years. | Wash. Rev. Code Ann. § 28A.300.010 | Statute. | Wash. Rev. Code Ann. § 28A.300.010 Wash. Rev. Code Ann. § 28A.300.040 |
The superintendent of public instruction is a member of the state board of education. | Wash. Rev. Code Ann. 28A.305.011 | N/A | Statute | Wash. Rev. Code Ann. 28A.305.011 | The purpose of the state board of education is to provide advocacy and strategic oversight of public education, implement a standards-based accountability framework that creates a unified system of increasing levels of support for schools in order to improve student academic achievement, provide leadership in the creation of a system that personalizes education for each student and respects diverse cultures, abilities, and learning styles, and promote achievement of state education goals. In addition to other powers and duties provided by law, the board shall: - Seek advice from the public and interested parties regarding the work of the board. - Adopt and revise performance improvement goals in reading, writing, science, and mathematics, by subject and grade level. - Identify the scores students must achieve in order to meet the standard on the statewide student assessment. - Annually review the assessment reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and a recommendation to the superintendent of public instruction of any improvements needed to the system. - Accredit, subject to such accreditation standards and procedures as may be established by the state board of education, all private schools that apply for accreditation. - Articulate with the institutions of higher education, workforce representatives, and early learning policymakers and providers to coordinate and unify the work of the public school system. - Hire an executive director and an administrative assistant to reside in the office of the superintendent of public instruction for administrative purposes. |
Wash. Rev. Code Ann. § 28A.305.130 | The board is composed of sixteen members. Seven members must represent the education system, including the superintendent of public instruction; three of these members must be residents of western Washington and two members must be residents of eastern Washington. Two members must be students, in non-voting roles. No person employed in any public or private school, college, university, or other educational institution or any educational service district superintendent's office or in the office of the superintendent of public instruction is eligible for membership on the state board of education. | Wash. Rev. Code Ann. § 28A.305.011 Wash. Rev. Code Ann. § 28A.305.021 |
Among the members representing the education system, five are elected by school district directors and one member is elected at-large by the members of the boards of directors of all private schools. Seven members are appointed by the governor, with confirmation from the senate. Students are selected in a manner determined by the state board. | Wash. Rev. Code Ann. § 28A.305.011 | Members serve four year terms. No member may serve more than two consecutive terms. | Wash. Rev. Code Ann. § 28A.305.011 | Statute | Wash. Rev. Code Ann. § 28A.305.011 Wash. Rev. Code Ann. § 28A.305.021 Wash. Rev. Code Ann. § 28A.305.130 |
The board of directors of each school district has the power to: - Determine and adopt written policies that provide for the development and implementation of programs, activities, services, or practices that promote the education and daily physical activity of kindergarten through twelfth grade students, as well as promote the effective, efficient, or safe management and operation of the school district. |
Wash. Rev. Code Ann. § 28A.320.015 | School boards are composed of seven members. Members are elected by current school directors. | Wash. Rev. Code Ann. § 28A.310.030 | ||||
| Wisconsin | Article X | Section 3. The legislature shall provide by law for the establishment of district schools, which shall be as nearly uniform as practicable; and such schools shall be free and without charge for tuition to all children between the ages of 4 and 20 years; and no sectarian instruction shall be allowed therein; but the legislature by law may, for the purpose of religious instruction outside the district schools, authorize the release of students during regular school hours. | Wis. Const. art. X, § 3 | The proceeds of all lands that have been or hereafter may be granted by the United States to this state for educational purposes (except the lands heretofore granted for the purposes of a university) and all moneys and the clear proceeds of all property that may accrue to the state by forfeiture or escheat; and the clear proceeds of all fines collected in the several counties for any breach of the penal laws, and all moneys arising from any grant to the state where the purposes of such grant are not specified, and the 500,000 acres of land to which the state is entitled by the provisions of an act of congress, entitled “An act to appropriate the proceeds of the sales of the public lands and to grant pre-emption rights,” approved September 4, 1841; and also the 5 percent of the net proceeds of the public lands to which the state shall become entitled on admission into the union (if congress shall consent to such appropriation of the 2 grants last mentioned) shall be set apart as a separate fund to be called “the school fund,” the interest of which and all other revenues derived from the school lands shall be exclusively applied to the following objects, to wit: (1) To the support and maintenance of common schools, in each school district, and the purchase of suitable libraries and apparatus therefor. (2) The residue shall be appropriated to the support and maintenance of academies and normal schools, and suitable libraries and apparatus therefor. |
Wis. Const. art. X, § 2 | Article X, § 3The legislature shall provide by law for the establishment of district schools, which shall be as nearly uniform as practicable; and such schools shall be free and without charge for tuition to all children between the ages of 4 and 20 years; and no sectarian instruction shall be allowed therein; but the legislature by law may, for the purpose of religious instruction outside the district schools, authorize the release of students during regular school hours. Article I, § 18. Nor shall any money be drawn from the treasury for the benefit of religious societies, or religious or theological seminaries. |
Wis. Const. art. X, § 3 Wis. Const. art. I, § 18 |
N/A | The legislature shall provide by law for the establishment of district schools, which shall be as nearly uniform as practicable; and such schools shall be free and without charge for tuition to all children between the ages of four and twenty years. | Wis. Const. art. X, § 3 | N/A | The legislative power shall be vested in a senate and assembly. The legislature shall provide by law for the establishment of district schools, which shall be as nearly uniform as practicable; and such schools shall be free and without charge for tuition to all children between the ages of four and twenty years. |
Wis. Const. art. IV, § 1 Wis. Const. art. X, § 3 |
N/A | Assembly Committee on Education Senate Committee on Education |
House Link Senate Link |
State constitution | The executive power shall be vested in a governor. He shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws be faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. Appropriation bills may be approved in whole or in part by the governor, and the part approved shall become law. If the governor rejects the bill, the governor shall return the bill, together with the objections in writing, to the house in which the bill originated. |
Wis. Const. art. V, § 1 Wis. Const. art. V, § 4 Wis. Const. art. V, § 10 |
N/A | N/A | The supervision of public instruction shall be vested in a state superintendent and such other officers as the legislature shall direct. The state superintendent shall: - Ascertain the condition of the public schools, stimulate interest in education and spread as widely as possible a knowledge of the means and methods which may be employed to improve the schools. - Supervise and inspect the public schools and day schools for children with disabilities, advise the principals and local authorities thereof and give assistance in organizing such schools. - Supervise and audit the receipts and expenditures of the cooperative educational service agencies. - License all teachers for the public schools of the state. Make rules establishing standards of attainment and procedures for the examination and licensing of teachers. - Accept federal funds for any function over which the state superintendent has jurisdiction and act as the agent for the receipt and disbursement. - Develop an educational assessment program to measure the adequacy and efficiency of educational programs offered by public schools in this state. - Administer Wisconsin educational opportunity programs assisting minority and economically disadvantaged youth and adults in pursuing higher education. - Annually report to the legislature, the number of petitions for new charter schools, and school board and departmental action for new charter schools. - Make online courses available for a reasonable fee, through a statewide web academy, to schools in the state. - Administer state programs for cultural education, adult literacy, and geographic education. |
Wis. Stat. Ann. § 115.28 | The state superintendent may: - Designate the deputy state superintendent or another employee of the department as the state superintendent's representative on any body on which the state superintendent is required to serve. - Attend such educational meetings and make such investigations as the state superintendent deems important and as will acquaint the state superintendent with the different systems of public schools in the United States. - Establish classes of auxiliary instructional employees and authorize their employment in the instructional program of the elementary and high schools for specific purposes and their reimbursement from the instructional budget. - Grant a declaration of equivalency of high school graduation to an individual if the individual has successfully completed a required civics test in the state superintendent's judgment, the individual has presented satisfactory evidence of having completed a recognized high school course of study or its equivalent. - Promulgate rules establishing fees for issuing a declaration of equivalency of high school graduation or a general educational development certificate. - Assist school boards to locate vacant positions and provide information and analysis of the professional school personnel supply. |
Wis. Stat. Ann. § 115.29 | The superintendent of public instruction is elected by the qualified electors of the state to serve a term of four years. |
Wis. Const. art. X, § 1 | Statute and state constitution. | Wis. Stat. Ann. § 115.28 Wis. Stat. Ann. § 115.29 Wis. Const. art. X, § 1 |
N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | The school board of a common or union high school district may do all things reasonable to promote the cause of education, including establishing, providing and improving school district programs, functions and activities for the benefit of pupil, including: - Make rules for the organization, gradation and government of the schools of the school district, including rules pertaining to conduct and dress of pupils in order to maintain good decorum and a favorable academic atmosphere. - Purchase or otherwise acquire necessary books and stationery, equipment, school apparatus and materials for the use of the schools of the school district. - Exchange any teacher or administrator employed by the school board for a teacher or administrator employed by a school board in another state or country or employed by a college or university, the state, a technical college district board or a cooperative educational service agency. - Furnish school meals to pupils and pay for the meals out of school district funds. - Employ qualified public health nurses, school nurses, registered nurses and licensed dentists. - Establish and maintain classes for children less than 4 years of age. |
Wis. Stat. Ann. § 120.13 | A common school district operating elementary grades or a union high school district is composed of three school board members, except that if such school district is coterminous with a town or has a population of 500 or more it may have five school board members. A common school district operating elementary and high school grades may have three, five, seven or nine school board members. A common or union high school district may not have more than 11 school board members. Members are elected. |
Wis. Stat. Ann. § 120.01 Wis. Stat. Ann. § 120.06 |
||||||||||||
| Wyoming | Article VII | The legislature shall provide for the establishment and maintenance of a complete and uniform system of public instruction, embracing free elementary schools of every needed kind and grade, a university with such technical and professional departments as the public good may require and the means of the state allow, and such other institutions as may be necessary. | Wyo. Const. art. VII, § 1 | Section 7. The income arising from the funds mentioned in the preceding section, together with all the rents of the unsold school lands and such other means as the legislature may provide, shall be exclusively applied to the support of free schools in every county in the state. Section 8. Provision shall be made by general law for the equitable allocation of such income among all school districts in the state. Section 9. The legislature shall make such further provision by taxation or otherwise, as with the income arising from the general school fund will create and maintain a thorough and efficient system of public schools, adequate to the proper instruction of all youth of the state, between the ages of six and twenty-one years, free of charge. |
Wyo. Const. art. VII, § 7 Wyo. Const. art. VII, § 8 Wyo. Const. art. VII, § 9 |
Article VII, § 8. Nor shall any portion of any public school fund ever be used to support or assist any private school, or any school, academy, seminary, college or other institution of learning controlled by any church or sectarian organization or religious denomination whatsoever. Article VII, § 12. No sectarian instruction, qualifications or tests shall be imparted, exacted, applied or in any manner tolerated in the schools of any grade or character controlled by the state, nor shall attendance be required at any religious service therein, nor shall any sectarian tenets or doctrines be taught or favored in any public school or institution that may be established under this constitution. |
Wyo. Const. art. VII, § 8 Wyo. Const. art. VII, § 12 |
N/A | The legislature shall make such further provision by taxation or otherwise, as with the income arising from the general school fund will create and maintain a thorough and efficient system of public schools, adequate to the proper instruction of all youth of the state, between the ages of six and twenty-one years, free of charge; and in view of such provision so made, the legislature shall require that every child of sufficient physical and mental ability shall attend a public school during the period between six and eighteen years for a time equivalent to three years, unless educated by other means. | Wyo. Const. art. VII, § 9 | Provision shall be made by general law for the equitable allocation of such income among all school districts in the state. But no appropriation shall be made from said fund to any district for the year in which a school has not been maintained for at least three months. | Wyo. Const. art. VII, § 8 | The legislative power shall be vested in a senate and house of representatives, which shall be designated “the legislature of the State of Wyoming.” The legislature shall provide for the establishment and maintenance of a complete and uniform system of public instruction, embracing free elementary schools of every needed kind and grade, a university with such technical and professional departments as the public good may require and the means of the state allow, and such other institutions as may be necessary. The legislature shall make such further provision by taxation or otherwise, as with the income arising from the general school fund will create and maintain a thorough and efficient system of public schools. the legislature shall require that every child of sufficient physical and mental ability shall attend a public school during the period between six and 18 years for a time equivalent to three years, unless educated by other means. |
Wyo. Const. art. III, § 1 Wyo. Const. art. VII, § 1 Wyo. Const. art. VII, § 9 |
The senate approves the governor's appointees to the state board of education. | Wyo. Stat. Ann. § 21-2-301 | Joint Education Committee | Link | State constitution and state statute | The executive power shall be vested in a governor. He shall expedite all such measures as may be resolved upon by the legislature and shall take care that the laws be faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. The governor shall have power to disapprove of any item or items or part or parts of any bill making appropriations of money or property embracing distinct items. |
Wyo. Const. art. IV, § 1 Wyo. Const. art. IV, § 4 Wyo. Const. art. IV, § 8 Wyo. Const. art. IV, § 9 |
The governor appoints members of the state board of education with the approval of the senate. | Wyo. Stat. Ann. § 21-2-301 | State Statute | The state superintendent shall be the administrative head and chief executive officer of the department of education. The state superintendent of education shall: - Make rules and regulations in areas outlined by law. - Consult with and advise the state board, local school boards, local school administrators, teachers and interested citizens, and seek in every way to develop public support for a complete and uniform system of education for the citizens of this state. - Assist the state board in the performance of its duties and responsibilities, including providing information to the board upon request. - Prepare and maintain a list of accredited schools in Wyoming. - Promulgate rules and prepare a biennial plan and budget request. - Assess and collect student educational assessment data from school districts, community colleges and the University of Wyoming and maintain a uniform statewide reporting system as well as data governance practices. - Oversee career and technical education programs. - Coordinate with the state board of education to develop professional teaching standards qualifications. - Establish and maintain a uniform statewide reporting system based upon requirements of the statewide education accountability system. |
Wyo. Stat. Ann. § 21-2-201 Wyo. Stat. Ann. § 21-2-202 |
The general supervision of the public schools shall be entrusted to the state superintendent. | Wyo. Stat. Ann. § 21-2-201 Wyo. Const. art. VII, § 14 |
The superintendent of public instruction shall be elected by the qualified electors of the state to serve a term of four years. | Wyo. Const. art. IV, § 11 | Statute and state constitution. | Wyo. Const. art. IV, § 11 Wyo. Const. art. VII, § 14 Wyo. Stat. Ann. § 21-2-201 Wyo. Stat. Ann. § 21-2-202 |
N/A | N/A | N/A | The state board of education shall: - Establish policies for public education in this state consistent with the Wyoming Constitution and statutes and may promulgate rules. - Implement and enforce the uniform standards for educational programs and prescribe uniform student content and performance standards. - Establish graduation requirements in consultation with local school districts. - Implement a statewide assessment system comprised of a coherent system of measures that provide a reliable and valid measure of individual student achievement for each public school. - In consultation with local school districts, implement a statewide accountability. - Promulgate rules and regulations for the implementation and administration of a comprehensive school district teacher performance evaluation system. |
Wyo. Stat. Ann. § 21-2-304 |
The state board of education shall evaluate education policy proposals and establish and advance education policy for the state. Additionally, the board will: - Establish such advisory commissions as in the judgment of the board will be of assistance to it in carrying out its duties. - Have the authority to enter into agreements with school districts, municipalities, states, the United States, foundations, agencies, or individuals for service, educational programs, or research projects. - Review and comment on an agency budget prepared by the secretary for the governor. - Make regulations governing the attendance and records of attendance of all students and the deportment of students attending public schools. - Implement and continually update standards for student performance in appropriate content areas and at appropriate intervals for K-12 schools. - If deemed advisable, determine educational standards for admission to and graduation from the public schools. - Report annually on the condition of education statewide and on a school-by-school basis. - The state board of education shall adopt a statewide strategic education plan and update and readopt a plan every five years. |
Wyo. Stat. Ann. § 21-2-301 | Voting members are appointed by the governor with the approval of the senate. | Wyo. Stat. Ann. § 21-2-301 | Members serve six year terms. No member may serve more than one full term. | Wyo. Stat. Ann. § 21-2-301 | Statute | Wyo. Stat. Ann. § 21-2-301 Wyo. Stat. Ann. § 21-2-304 |
The board of trustees of a school district shall be the governing body of the school district. The board may: - Employ and determine the salaries and duties of the superintendent, principals, teachers, other certified professional employees and personnel. - Provide for the operation of school lunch programs in schools. - Define “unexcused absence” and “habitual truancy” for all students who are attending public schools. - Develop policies and pest control methods including emergency policies, to minimize risk to students and employees, school property and the environment. - Enter into school building construction and renovation project agreement. |
Wyo. Stat. Ann. § 21-3-105 Wyo. Stat. Ann. § 21-3-111 |
A board may be composed of five, seven, or nine members. Members are elected. | Wyo. Stat. Ann. § 21-6-215 | ||||
| Delaware | Article X | The general assembly shall provide for the establishment and maintenance of a general and efficient system of free public schools, and may require by law that every child, not physically or mentally disabled, shall attend the public school, unless educated by other means. | Del.C.Ann. Const., Art. 10, § 1 | In addition to the income of the investments of the Public School Fund, the general assembly shall make provision for the annual payment of not less than one hundred thousand dollars for the benefit of the free public schools which, with the income of the investments of the Public School Fund, shall be equitably apportioned among the school districts of the state as the general assembly shall provide; and the money so apportioned shall be used exclusively for the payment of teachers' salaries and for furnishing free text books; provided, however, that in such apportionment, no distinction shall be made on account of race or color. All other expenses connected with the maintenance of free public schools, and all expenses connected with the erection or repair of free public school buildings shall be defrayed in such manner as shall be provided by law. | Del.C.Ann. Const., Art. 10, § 2 | No portion of any fund now existing, or which may hereafter be appropriated, or raised by tax, for educational purposes, shall be appropriated to, or used by, or in aid of any sectarian, church or denominational school; provided, that all real or personal property used for school purposes, where the tuition is free, shall be exempt from taxation and assessment for public purposes. | Del.C.Ann. Const., Art. 10, § 3 | The general assembly shall provide for the establishment and maintenance of a general and efficient system of free public schools, and may require by law that every child, not physically or mentally disabled, shall attend the public school, unless educated by other means. | Del.C.Ann. Const., Art. 10, § 1 | N/A | N/A | The legislative power of the state is vested in the general assembly, which consists of a senate and house of representatives. The general assembly is required to provide for the establishment and maintenance of a general and efficient system of free public schools and may require every child to attend public school unless educated by other means. |
Del.C.Ann. Const., Art. 2, § 1 Del.C.Ann. Const., Art. 10, § 1 |
The senate may provide advice and consent to the governor's appointment for secretary of education. The senate confirms governor's appointments to the state board of education. | 14 Del.C. § 102 14 Del.C. § 104 |
House Education Senate Education |
Link | State constitution and state statute | The supreme executive powers of the state shall be vested in a governor. He or she shall take care that the laws be faithfully executed. The governor has the power to appoint, by and with the consent of a majority of all the members of the senate, such offices allowed by the constitution or law. The governor has the authority to approve or disapprove bills passed by the legislature. The governor may disapprove of any distinct item or items of any bill making appropriations of money. |
Del.C.Ann. Const., Art. 3, § 1 Del.C.Ann. Const., Art. 3, § 17 Del.C.Ann. Const., Art. 3, § 9 Del.C.Ann. Const., Art. 3, § 18 |
The governor has the authority to appoint the secretary of education with the advice and consent of the senate. The secretary shall serve at the pleasure of the governor. The governor has the authority to appoint the members of the state board of education. The seven voting members require senate confirmation, the two nonvoting members do not require senate confirmation. |
14 Del.C. § 102 14 Del.C. § 104 |
State constitution and state statute | The secretary of education acts as the administrative head of the department of education. |
14 Del.C. § 102 | The secretary has the power to: - Appoint additional personnel to the department within limits imposed by law. - Make and enter contracts on behalf of the department. - Delegate the secretary's powers and duties to deputies. - Prepare a budget in consultation with the state board of education for consideration of the governor and the general assembly. - Establish and promulgate such rules and regulations governing the administration and operation of the department of education. |
14 Del.C. § 103 | The secretary is appointed by the governor with the advice and consent of the senate and serves at the pleasure of the governor. |
14 Del.C. § 102 | Statute. | 14 Del.C. § 102 14 Del.C. § 103 |
The secretary of education, in addition to the secretary's other duties of office, shall serve as executive secretary to the board of education. |
14 Del.C. § 104 | The department, through the secretary, shall provide reasonable staff support to assist the state board in performing its duties. The executive director serves at the pleasure of the board and is considered an employee of the department of education. |
14 Del.C. § 104 | Statute | 14 Del.C. § 104 | The state board of education provides the secretary of education with advice and guidance with respect to policy development and where rule and regulation-making authority is jointly entrusted to the secretary and the state board. The board provides advice and guidance to the secretary on the department's annual operating budget. Additionally, the board provides the secretary of education with guidance concerning the implementation of the student achievement and statewide assessment program. |
Del. Code Ann. tit. 14, § 104 | The state board of education is composed of nine members. | Del. Code Ann. tit. 14, § 104 | Seven voting members are appointed by the governor, with Senate confirmation. The governor will appoint two non-voting members, the Delaware Teacher of the Year and a student member who is or will be in eleventh or twelfth grade. | Del. Code Ann. tit. 14, § 104 | Six of the 7 voting members are appointed for terms of up to 6 years, to ensure that no more than 2 members' terms expire in the same year. Each of the 6 voting members serves until that member's successor qualifies. The 7th serves at the Governor's pleasure. | Del. Code Ann. tit. 14, § 104 | Statute | Del. Code Ann. tit. 14, § 104 | In each reorganized school district there shall be a school board which shall have the authority to administer and to supervise the free public schools of the reorganized school district and which shall have the authority to determine policy and adopt rules and regulations for the general administration and supervision of the free public schools of the reorganized school district. Such administration, supervision and policy shall be conducted and formulated in accordance with Delaware law and the policies, rules and regulations of the State. | Del. Code Ann. tit. 14, § 1043 | Each school board is composed of five members. Members elected by the qualified voters of the respective reorganized school districts. Members serve five year terms. | Del. Code Ann. tit. 14, § 1051 Del. Code Ann. tit. 14, § 1052 |
||
| Oklahoma | Article XIII | The legislature shall establish and maintain a system of free public schools wherein all the children of the state may be educated. | Okla. Const. art. XIII, § 1 | The legislature shall, by appropriate legislation, raise and appropriate funds for the annual support of the common schools of the state to the extent of forty-two ($42.00) dollars per capita based on total state-wide enrollment for the preceding school year. Such moneys shall be allocated to the various school districts in the manner and by a distributing agency to be designated by the Legislature; provided that nothing herein shall be construed as limiting any particular school district to the per capita amount specified herein, but the amount of state funds to which any school district may be entitled shall be determined by the distributing agency upon terms and conditions specified by the legislature, and provided further that such funds shall be in addition to apportionments from the permanent school fund created by Article XI, Section 2, hereof. | Okla. Const. art. XIII, § 1a | No public money or property shall ever be appropriated, applied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary, or sectarian institution as such. | Okla. Const. art. II, § 5 | N/A | N/A | N/A | The legislative authority of the state shall be vested in a legislature, consisting of a senate and a house of representatives. The legislature shall establish and maintain a system of free public schools wherein all the children of the state may be educated. The legislature shall, by appropriate legislation, raise and appropriate funds for the annual support of the common schools of the state. The legislature shall provide for the establishment and support of institutions for the care and education of persons within the state who are deaf, deaf and mute or blind. The legislature shall provide for the compulsory attendance at some public or other school, unless other means of education are provided, of all the children of the state who are sound in mind and body, between the ages of eight and 16 years, for at least three months each year. The legislature shall provide for a system of textbooks in the common schools of the state, and the state through appropriate legislation shall furnish such textbooks free of cost for all pupils therein. |
OK Const. Art. 5, § 1 OK Const. Art. 13, § 1 OK Const. Art. 13, § 1a OK Const. Art. 13, § 2 OK Const. Art. 13, § 4 OK Const. Art. 13, § 6 |
The senate provides advice and consent to governor's appointments to the state board. | 70 Okl.St.Ann. § 3-101 | House Common Education Committee House Appropriations and Budget Subcommittee on Education Senate Education Committee |
House Link Senate Link |
State constitution and state statute | The supreme executive power shall be vested in a chief magistrate who shall be styled "The Governor of Oklahoma." The governor shall cause the laws of the state to be faithfully executed, and shall conduct in person or in such a manner as may be prescribed by law, all intercourse and business of the state with other states and with the United States, and he shall be a conservator of the peace throughout the state. The governor has the authority to approve or disapprove bills passed by the legislature. Every bill passed by the legislature, making appropriations of money embracing distinct items, shall, before it becomes law, be presented to the governor for approval or disapproval. The governor is an ex officio member of the state board of education. |
Okla. Const. art. VI, § 2 Okla. Const. art. VI, § 8 Okla. Const. art. VI, § 11 Okla. Const. art. VI, § 12 Okla. Const. art. XIII, § 5 |
The governor appoints the members of the state board of education with the advice and consent of the senate. | Okla. Stat. Ann. tit. 70, § 3-101 | State constitution and state statute | The superintendent of public instruction shall: - Give advice and recommendations to the state board of education. - Adopt policies and make rules for the organization of the department of education. - Be responsible for the interpretation of policy and rules set by the state board of education. |
Okla. Stat. Ann. tit. 70, § 3-107.1 | The executive authority of the state education system is vested in the superintendent of public instruction. The state superintendent of public instruction has the following authority: - Require coordination of all divisions of the department of education and have general supervision over all employees of the department. - Organize and have control of the department of education and any other supervisory agencies necessary to carry out the powers, functions, and duties of the superintendent of public instruction and state board of education. |
Okla. Const. art. VI, § 1 Okla. Stat. Ann. tit. 70, § 3-107.1 |
The superintendent of public instruction is elected for a term of four years. No one is eligible to serve as the superintendent for a period in excess of eight years. | OK CONST Art. 6, § 4 | Statute and state constitution. | Okla. Const. art. VI, § 1 OK CONST Art. 6, § 4 |
The superintendent of public instruction is the chairperson of the state board of education. Additionally, there is a secretary of education who oversees the office of educational quality and accountability. |
70 Okl.St.Ann. § 3-101 70 Okl.St.Ann. § 3-118 |
The secretary of education oversees the office of educational quality and accountability and has the following duties: -Monitor schools for compliance with state accountability provisions. -Identify districts not making progress toward compliance. -Analyze revenue and expenditures for all systems of education. |
70 Okl.St.Ann. § 3-101 70 Okl.St.Ann. § 3-118 |
Statute | 70 Okl.St.Ann. § 3-101 70 Okl.St.Ann. § 3-118 |
The supervision of the public school system of Oklahoma shall be vested in the state board of education. The state board of education shall: - Adopt rules and policies for the operation of the public school system of the state. - Appoint and prescribe the salary and duties of the personnel necessary for the proper performance of the state board of education. - Submit to the governor a departmental budget. - Provide for the formulation and adoption of curriculum. - Have authority in matters relating to licensure and certification for instructional, supervisory, and administrative positions in public schools. - Have general supervision of the school lunch program. - Provide for the supervision of the transportation of pupils. |
Okla. Stat. Ann. tit. 70, § 3-104 | The state board is composed of seven members, one of whom must be the State Superintendent of Public Instruction. Five members must represent each of the state congressional districts and one member shall represent the state at large. | Okla. Stat. Ann. tit. 70, § 3-101 | The six appointed members are appointed by the governor with the advice and consent of the senate. | Okla. Stat. Ann. tit. 70, § 3-101 | Members serve four year terms. | Okla. Stat. Ann. tit. 70, § 3-101 | Statute | The board of education of each school district has the power to: - Maintain and operate a complete public school system of such character as the board of education shall deem best suited to the needs of the school district. - Designate the schools to be attended by the children of the district. - Provide and operate cafeterias. - Purchase, construct or rent, and operate and maintain, classrooms, libraries, auditoriums, gymnasiums, stadiums, recreation places and playgrounds, teacherages, school bus garages, laboratories, administration buildings, and other schoolhouses and school buildings. - Purchase necessary property, equipment, furniture, and supplies necessary to maintain and operate an adequate school system. |
Okla. Stat. Ann. tit. 70, § 5-117 | Elementary school boards are composed of three members. Independent school boards may have five or seven members. Members are elected. | Okla. Stat. Ann. tit. 70, § 5-107A | ||||
| Arkansas | Article XIV | Intelligence and virtue being the safeguards of liberty and the bulwark of a free and good government, the State shall ever maintain a general, suitable and efficient system of free public schools and shall adopt all suitable means to secure to the people the advantages and opportunities of education. The specific intention of this amendment is to authorize that in addition to existing constitutional or statutory provisions the General Assembly and/or public school districts may spend public funds for the education of persons over twenty-one years of age and under six years of age, as may be provided by law, and no other interpretation shall be given to it. | Ark. Const. art. XIV, § 1 | The general assembly shall provide for the support of common schools by general law. In order to provide quality education, it is the goal of this state to provide a fair system for the distribution of funds. | Ark. Const. art. XIV, § 3 | N/A | N/A | The specific intention of this amendment is to authorize that in addition to existing constitutional or statutory provisions the general assembly and/or public school districts may spend public funds for the education of persons over twenty-one years of age and under six years of age, as may be provided by law, and no other interpretation shall be given to it. | Ark. Const. art. XIV, § 1 | N/A | The general assembly is required to provide for the support of a common schools by general law. The supervision of public schools are vested and confided to the general assembly. |
Ark. Const. art. XIV, § 3 Ark. Const. art. XIV, § 4 |
The senate has confirmation authority over state board of education appointments. | Ark. Code Ann. § 6-11-101 | House Education Committee Senate Education Committee |
House Link Senate Link |
State constitution and state statute | The supreme executive power of this state shall be vested in a chief magistrate, who shall be styled “the Governor of the State of Arkansas.” The governor has the authority to approve or disapprove bills passed by the legislature. He may require information, in writing, from the officers of the executive department, on any subject relating to the duties of their respective offices; and shall see that the laws are faithfully executed. The governor shall have the power to disapprove any distinct line item, or items, of any bill making appropriation of money. |
Ark. Const. art. VI, § 2 Ark. Const. art. VI, § 15 Ark. Const. art. VI, § 7 Ark. Const. art. VI, § 17 |
The governor has appointment authority for the members of the members of the state board, subject to the confirmation of the senate. The governor has confirmation authority over the commissioner of elementary and secondary education and the commissioner shall serve at the pleasure of the governor. |
Ark. Code Ann. § 6-11-101 Ark. Code Ann. § 6-11-102 |
State statute | The commissioner of education serves as the administrative head of the division of elementary and secondary education and as an ex officio secretary of the state board. | Ark. Code Ann. § 6-11-102 Ark. Code Ann. § 6-11-103 |
The commissioner of education acts as an agent of the state board and has the authority to perform duties as designated by the state board and by statute. The commissioner, or an individual designated by the commissioner serves as the statewide disbursing agent for all school money. | Ark. Code Ann. § 6-11-102 | The commissioner is appointed by the state board of education, subject to approval by the governor. The commissioner is employed by the state board and serves at the pleasure of the governor. The commissioner reports to the Secretary of the Department of Education. | Ark. Code Ann. § 6-11-102 | Statute. | Ark. Code Ann. § 6-11-102 Ark. Code Ann. § 6-11-103 |
The commissioner of education acts as ex officio secretary of the state board without a vote. | Ark. Code Ann. § 25-43-503 | (1) Hire department personnel; (2) Perform or assign duties assigned to the department; and (3) Serve as the director, or the administrative or executive head of any state entity under the administrative control of the department if the secretary also meets all statutory requirements for the position. |
Ark. Code Ann. § 25-43-503 | Statute | Ark. Code Ann. § 25-43-503 | The state board of education provides general supervision of the public schools in Arkansas including recommending courses of study, issue licenses based on credentials, prescribe requirements of accrediting and grading public schools, supervise the operation of school district budgets, and take action necessary to promote the physical welfare of school children, and the organization and efficiency of public schools. | Ark. Code Ann. § 6-11-105 | The state board of education is composed of nine members. Two members are selected from each of the congressional districts in the state as they exist at the time, and one member is appointed at large. | Ark. Code Ann. § 6-11-101 | The members of the state board shall be appointed by the Governor, subject to the confirmation of the Senate. | Ark. Code Ann. § 6-11-101 | Members will serve a single term of seven years. | Ark. Code Ann. § 6-11-101 | Statute | Ark. Code Ann. § 6-11-101 | The board of directors of each school district in the state is charged with the following powers: - Determine the mission and direction of the school district. - Enact, enforce, and obey school district policies. - Employ staff. - Understand and oversee school district finances. - Approve the selection of curriculum and ensure that students are offered and taught the courses of study and educational content required by the State Board of Education. |
Ark. Code Ann. § 6-13-620 | Boards may consist of five or seven members. A board may have nine members if the school district has an average daily membership of 20,000 or more. Board members are elected. | Ark. Code Ann. § 6-13-634 Ark. Code Ann. § 6-13-615 |
|||
| California | Article IX | Section 1. A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement. Section 5. The legislature shall provide for a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year, after the first year in which a school has been established. |
Cal. Const. art. IX, § 1 Cal. Const. art. IX, § 5 |
The legislature shall add to the State School Fund such other means from the revenues of the state as shall provide in said fund for apportionment in each fiscal year, an amount not less than one hundred eighty dollars ($180) per pupil in average daily attendance in the kindergarten schools, elementary schools, secondary schools, and technical schools in the public school system during the next preceding fiscal year. The entire State School Fund shall be apportioned in each fiscal year in such manner as the legislature may provide, through the school districts and other agencies maintaining such schools, for the support of, and aid to, kindergarten schools, elementary schools, secondary schools, and technical schools except that there shall be apportioned to each school district in each fiscal year not less than one hundred twenty dollars ($120) per pupil in average daily attendance in the district during the next preceding fiscal year and except that the amount apportioned to each school district in each fiscal year shall be not less than twenty-four hundred dollars ($2,400). |
Cal. Const. art. IX, § 6 | No public money shall ever be appropriated for the support of any sectarian or denominational school, or any school not under the exclusive control of the officers of the public schools; nor shall any sectarian or denominational doctrine be taught, or instruction thereon be permitted, directly or indirectly, in any of the common schools of this State. | Cal. Const. art. IX, § 8 | N/A | N/A | The legislature shall provide for a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year, after the first year in which a school has been established. | Cal. Const. art. IX, § 5 | The legislative power of the state is vested in the California legislature. The legislature is required to provide for a system of common schools in which free school is supported in each district for at least six months in every year. |
Cal. Const. art. IV, § 1 Cal. Const. art. IX, § 5 |
The senate provides advice and consent on governor's appointments to the state board of education. A two-thirds majority is required for confirmation of members. | Cal. Educ. Code § 33000 | Assembly Education Committee Assembly Budget Subcommittee on Education Finance Senate Education Committee Senate Budget and Fiscal Review Subcommittee on Education |
Assembly Link Senate Link |
State constitution and state statute | The supreme executive power of this state is vested in the governor. The governor shall see that the law is faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. The governor may reduce or eliminate one or more items of appropriation while approving other portions of a bill. |
Cal. Const. art. V, § 1 Cal. Const. art. IV, § 10 |
The governor appoints all members of the state board of education with the advice and consent of two-thirds of the senate. | Cal. Educ. Code § 33000 | State constitution and state statute | The superintendent of public instruction is the ex officio director of education. The director of education serves as the executive director of the California Department of Education. The superintendent shall execute the policies decided on by the state board and direct the work of all appointees and employees of the board. The superintendent is responsible for administrative duties for all schools in the state. |
Cal. Educ. Code § 33111 Cal. Educ. Code § 33112 Cal. Educ. Code § 33302 Cal. Educ. Code § 33303 |
The superintendent may employ a deputy and necessary clerical and expert assistants. The superintendent of public instruction has the authority to enter into or regulate contracts with federal agencies and local education agencies. |
Cal. Educ. Code § 33110 Cal. Educ. Code § 33113 Cal. Educ. Code § 33117 |
The superintendent of public instruction is elected through a nonpartisan ballot to serve a term of four years. The superintendent may not serve more than two terms. | Cal.Const. Art. 2, § 6 Cal.Const. Art. 9, § 2 |
Statute and state constitution. | Cal. Educ. Code § 33111 Cal. Educ. Code § 33112 Cal. Educ. Code § 33113 Cal. Educ. Code § 33117 Cal. Educ. Code § 33302 Cal. Educ. Code § 33303 Cal.Const. Art. 2, § 6 Cal.Const. Art. 9, § 2 |
The state superintendent of public instruction serves as the ex officio director of education. The superintendent of public instruction may employ one deputy superintendent of public instruction. |
Cal.Educ.Code § 33303 Cal.Educ.Code § 33110 Cal.Educ.Code § 33301 |
The director of education serves as the executive officer to the state board of education. | Cal.Educ.Code § 33301 | Statute | Cal.Educ.Code § 33303 Cal.Educ.Code § 33110 Cal.Educ.Code § 33301 |
The state board of education determines all questions of policy within its powers. The board is required to adopt policies for its own government, for the government of its appointees and employees, for the government of elementary and secondary schools, and for the government of any other schools except for state colleges and universities. The board must also study the educational conditions and needs of the state, and make plans for the improvement of the administration and efficiency of the public schools. |
Cal. Educ. Code § 33030 Cal. Educ. Code § 33031 Cal. Educ. Code § 33032 |
The state board of education is composed of ten members. | Cal. Educ. Code § 33000 | The state board of education is appointed by the governor with the advice and consent of two-thirds of the senate. | Cal. Educ. Code § 33000 | Members are appointed for four year terms. | Cal. Educ. Code § 33001 | Statute | Cal.Educ.Code § 33030 Cal.Educ.Code § 33031 Cal.Educ.Code § 33032 Cal.Educ.Code § 33000 |
The governing board of any school district may execute any powers delegated by law to it or to the district of which it is the governing board. The governing board of each school district shall prescribe and enforce rules not inconsistent with law, or with the rules prescribed by the State Board of Education, for its own government. | Cal. Educ. Code § 35161 Cal. Educ. Code § 35010 |
The governing board of a school district shall consist of five members elected at large by the qualified voters of the school district. A unified school district may have a governing board of seven members. The governing board of an elementary school district other than a union or joint union elementary school district shall consist of three members. | Cal. Educ. Code § 35012 | ||
| Connecticut | Article VIII | There shall always be free public elementary and secondary schools in the state. The general assembly shall implement this principle by appropriate legislation. | Conn. Const. art. VIII, § 1 | The fund, called the SCHOOL FUND, shall remain a perpetual fund, the interest of which shall be inviolably appropriated to the support and encouragement of the public schools throughout the state, and for the equal benefit of all the people thereof. The value and amount of said fund shall be ascertained in such manner as the general assembly may prescribe, published, and recorded in the comptroller's office; and no law shall ever be made, authorizing such fund to be diverted to any other use than the encouragement and support of public schools, among the several school societies, as justice and equity shall require. | Conn. Const. art. VIII, § 4 | N/A | N/A | N/A | N/A | The legislative power of the state is vested in two distinct houses: the house of representatives and the senate. The general assembly is required to implement free elementary and secondary schools through appropriate legislation. |
Conn. Const. art. III, § 1 Conn. Const. art. VIII, § 1 |
The general assembly may provide advice and consent to governor's appointments of the state board of education. | Conn. Gen. Stat. Ann. § 10-1 | Education Committee | Link | State constitution and state statute | The supreme executive power of the state shall be vested in the governor. The governor shall take care that the laws be faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. The governor shall have power to disapprove of any distinct item or items of any bill making appropriations of money. |
Conn. Const. art. IV, § 5 Conn. Const. art. IV, § 12 Conn. Const. art. IV, § 15 Conn. Const. art. IV, § 16 |
The governor shall appoint, with the advice and consent of the general assembly, the members of the state board of education. | Conn. Gen. Stat. Ann. § 10-1 | State constitution and state statute | The commissioner of education shall be the administrative officer of the department of education. Additionally, the commissioner serves as secretary to the state board of education. The commissioner is also required to appoint a student advisory council on education that includes a diverse cross-section of students from the state. |
Conn. Gen. Stat. Ann. § 10-3a Conn. Gen. Stat. Ann. § 10-2 Conn. Gen. Stat. Ann. § 10-2a |
The commissioner has the authority to administer, coordinate, and supervise the activities of the department of education in accordance with the state board of education's policies. Additionally, the commissioner may appoint an assistant secretary to the board provided he/she is not a board member. |
Conn. Gen. Stat. Ann. § 10-3a | The state board of education recommends the appointment of the commissioner of education to the governor. If approved, the commissioner serves a four-year term that is coterminous with the term of the Governor. | Conn. Gen. Stat. Ann. § 10-3a | Statute. | Conn. Gen. Stat. Ann. § 10-3a Conn. Gen. Stat. Ann. § 10-2 Conn. Gen. Stat. Ann. § 10-2a |
The commissioner of education serves as secretary to the board. The commissioner may appoint an assistant secretary provided he/she is not a board member. |
Conn. Gen. Stat. Ann. § 10-2 | The commissioner acts as the custodian of board records in the capacity of secretary. |
Conn. Gen. Stat. Ann. § 10-2 | Statute | Conn. Gen. Stat. Ann. § 10-2 | The state board of education is responsible for the general supervision and control of education in Connecticut. Supervision includes promoting the improvement of education, adopting content standards, keeping informed on the condition of education within the state, and develop evaluation and assessment programs, among others. The board is also required to prepare a comprehensive state education plan every five years and must include a policy statement and long-term and short-term objectives. |
Conn. Gen. Stat. Ann. § 10-4 | The state board of education is composed of fourteen members. At least two members must have experience in manufacturing or a trade offered at the technical education and career schools. At least one member must have experience in agriculture or be an alumni of or have served as an educator at a regional agricultural school. Finally, two members must be non-voting student members. The president of the Connecticut State Colleges and Universities and the chairperson of the Technical Education and Career System board shall serve as ex-officio members without a vote. | Conn. Gen. Stat. Ann. § 10-1 | Board members are appointed by the Governor with the advice and consent of the General Assembly. Student members must be recommended to the Governor and meet academic qualifications. | Conn. Gen. Stat. Ann. § 10-1 | The non-student members shall serve for terms of four years commencing on March first in the year of their appointment. The student members shall serve for terms of one year commencing on July first in the year of their appointment. | Conn. Gen. Stat. Ann. § 10-1 | Statute | Conn. Gen. Stat. Ann. § 10-4 Conn. Gen. Stat. Ann. § 10-1 |
Each local or regional board of education shall maintain good public elementary and secondary schools, implement the educational interests of the state. Boards must provide appropriate learning environments for students, including (1) adequate instructional books, supplies, materials, equipment, staffing, facilities and technology, (2) equitable allocation of resources among its schools, (3) proper maintenance of facilities, and (4) a safe school setting. Other duties include: - Every five years, local boards must report to the Commissioner of Administrative Services on the condition of its facilities and the action taken to implement its long-term school building program, indoor air quality program and green cleaning program. - Develop and implement a written plan for minority educator recruitment for purposes. - Prepare a statement of educational goals for such local or regional school district. - Annually submit to the Commissioner of Education a strategic school profile report for each school and school or program of alternative education. - Establish a school district curriculum committee to recommend, develop, review and approve all curriculum for the local or regional school district. |
Conn. Gen. Stat. Ann. § 10-220 | The board of education in each town is composed of three, six, nine or twelve residents of such town. Any town may, at any time, by ordinance, make the number of its board of education three, six, nine or twelve. Members are elected. | Conn. Gen. Stat. Ann. § 9-203 Conn. Gen. Stat. Ann. § 10-219 |
||||
| District of Columbia | The Council of the District of Columbia has the authority to pass acts and adopt resolutions by a vote of a majority of the members of the council. | D.C. Code Ann. § 1-204.12 | N/A | Committee on Education | Link | State statute | The executive power of the district shall be vested in the mayor who shall be the chief executive officer of the district government. The mayor shall govern the public schools in the District of Columbia. The mayor shall have authority over all curricula, operations, functions, budget, personnel, labor negotiations and collective bargaining agreements, facilities, and other education-related matters. The mayor may delegate any of his authority to a designee as he or she determines is warranted for efficient and sound administration. |
D.C. Code Ann. § 1-204.22 D.C. Code Ann. § 38-172 |
The mayor shall nominate persons to serve as subordinate agency heads subject to the advice and consent of the council, including the chancellor of Disctrict of Columbia Public Schools. Prior to the selection of a nominee, the mayor shall establish a review panel of teachers, parents, and students and hear the recommendations of the panel. The mayor has the authority to appoint the state superintendent of education and the deputy mayor of education with the advice and consent of the council. |
D.C. Code Ann. § 38-174 D.C. Code Ann. § 38-2601 D.C. Code Ann. § 38-191 |
State statute | The Office of the State Superintendent of Education shall serve as the state education agency and the superintendent as the chief state school officer and perform the functions of a state education agency for D.C. under applicable federal law, including grant-making, oversight, and state educational agency functions for standards, assessments, and federal accountability requirements for elementary and secondary education. | DC Code § 38-2601.01 DC Code § 38-2601 |
All state-level operational authority, except the authority specifically designated to the state board of education, is vested in the superintendent of education. | DC Code § 38-2601 | The superintendent of education is appointed by the Mayor with the advice and consent of the council for a 4-year term. | DC Code § 38-2601 | Statute. | DC Code § 38-2601.01 DC Code § 38-2601 |
The deputy mayor for education is the executive level secretary. The deputy mayor for education serves at the pleasure of the mayor. |
DC Code § 38-191 | The deputy mayor for education acts as the head of the state department of education. The deputy mayor oversees the state superintendent's office and develops and maintains a comprehensive data system. |
DC Code § 38-191 | Statute | DC Code § 38-191 | The board serves in an advisory capacity to the state superintendent of education. Advisory duties include state standards and policies governing special, academic, vocational, charter, and other schools. Additionally, the board is required to conduct monthly meetings and have access to public comments. The board has the authority to approve state standards, high school graduation requirements or equivalence credentials, teacher preparation programs, accountability plans, parental involvement policies, charter school authorizers, and attendance requirements. |
D.C. Code Ann. § 38-2652 | The state board is composed of nine members. | D.C. Code Ann. § 38-2651 | Eight members are elected, one from each of the eight school election wards, and one member shall be elected at-large. | D.C. Code Ann. § 38-2651 | The term of office is 4 years. | D.C. Code Ann. § 38-2651 | Statute | DC Code § 38-2652 DC Code § 38-2651 |
N/A | N/A | ||||||||||||||||
| Idaho | Article IX | The stability of a republican form of government depending mainly upon the intelligence of the people, it shall be the duty of the legislature of Idaho, to establish and maintain a general, uniform and thorough system of public, free common schools. | Idaho Const. art. IX, § 1 | The public school permanent endowment fund of the state shall forever remain inviolate and intact; the earnings of the public school permanent endowment fund shall be deposited into the public school earnings reserve fund and distributed in the maintenance of the schools of the state, and among the counties and school districts of the state in such manner as may be prescribed by law. No part of the public school permanent endowment fund principal shall ever be transferred to any other fund, or used or appropriated except as herein provided. Funds shall not be appropriated by the legislature from the public school earnings reserve fund except as follows: the legislature may appropriate from the public school earnings reserve fund administrative costs incurred in managing the assets of the public school endowment including, but not limited to, real property and monetary assets. The state treasurer shall be the custodian of these funds, and the same shall be securely and profitably invested as may be by law directed. As defined and prescribed by law, the state shall supply losses to the public school permanent endowment fund, excepting losses on moneys allocated from the public school earnings reserve fund. | Idaho Const. art. IX, § 3 | Neither the legislature nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation, or pay from any public fund or moneys whatever, anything in aid of any church or sectarian or religious society, or for any sectarian or religious purpose, or to help support or sustain any school, academy, seminary, college, university or other literary or scientific institution, controlled by any church, sectarian or religious denomination whatsoever; nor shall any grant or donation of land, money or other personal property ever be made by the state, or any such public corporation, to any church or for any sectarian or religious purpose; provided, however, that a health facilities authority, as specifically authorized and empowered by law, may finance or refinance any private, not for profit, health facilities owned or operated by any church or sectarian religious society, through loans, leases, or other transactions. | Idaho Const. art. IX, § 5 | N/A | The legislature may require by law that every child shall attend the public schools of the state, throughout the period between the ages of six and eighteen years, unless educated by other means, as provided by law. | Idaho Const. art. IX, § 9 | N/A | The legislative power of the state shall be vested in a senate and house of representatives. It shall be the duty of the legislature of Idaho, to establish and maintain a general, uniform and thorough system of public, free common schools. |
Idaho Const. art. III, § 1 Idaho Const. art. IX, § 1 |
The senate confirms the governor's appointments to the state board of education. | Idaho Code Ann. § 33-102 | House Education Committee Senate Education Committee |
House Link Senate Link |
State constitution and state statute | The supreme executive power of the state is vested in the governor, who shall see that the laws are faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. The governor has the authority to disapprove of any distinct item or items of any bill making appropriations of money. |
Idaho Const. art. IV, § 5 Idaho Const. art. IV, § 10 Idaho Const. art. IV, § 11 |
The governor has the authority to appoint the members of the state board of education, except the state superintendent of public instruction, subject to confirmation by the senate. | Idaho Code Ann. § 33-102 | State constitution and state statute | The state superintendent shall serve as the executive officer of the department of education and shall have the responsibility for carrying out policies, procedures and duties authorized by law or established by the state board of education. The superintendent shall serve as an ex officio voting member of the state board of education and shall serve as the executive secretary of the board. |
Idaho Code Ann. § 33-102 Idaho Code Ann. § 33-125 |
The superintendent has the power to appoint employees to the state department of education. The state board of education may delegate such powers as required to perform duties and render decisions prescribed to the state board involving the exercise of judgment and discretion that affect the public schools in Idaho. |
Idaho Code Ann. § 33-107 Idaho Code Ann. § 33-127 |
The superintendent of public instruction is elected in the same manner as the governor and serves a four-year term. | Idaho Const. art. IV, § 1 | Statute and state constitution. | Idaho Const. art. IV, § 1 | The state board of education may appoint an executive officer who shall serve at the pleasure of the board. The executive secretary - superintendent of public instruction - may be appointed as the executive officer. |
Idaho Code Ann. § 33-102A | The executive officer, under the direction of the state board, may have such duties and powers as prescribed by the board and not otherwise assigned by law. | Idaho Code Ann. § 33-102A | Statute | Idaho Code Ann. § 33-102A | The general supervision of the public education system is vested in the state board. The board has the power to perform all duties prescribed for it by the school laws of the state. It may hold real property. The board must provide general supervision of all entities of public education supported in whole or in part by state funds. The board may delegate duties and powers to executive officers as needed. |
Idaho Const. art. IX, § 2 Idaho Code Ann. § 33-107 |
The state board is composed of 7 members and the state superintendent of public instruction serves as ex officio member of the board. | Idaho Const. art. IX, § 2 Idaho Code Ann. § 33-102 |
State board members are appointed by the governor, except for the superintendent of public instruction, subject to confirmation by the senate. | Idaho Code Ann. § 33-102 | Members serve a term of 5 years. | Idaho Code Ann. § 33-102 | State constitution and statute | Idaho Const. art. IX, § 2 Idaho Code Ann. § 33-102 Idaho Code Ann. § 33-107 |
Each school district shall be governed by a board of trustees. Each board of trustees has the power to make bylaws, rules and regulations for its government and that of the district. Boards have the following powers: - To employ necessary help and labor to maintain and operate the schools of the district. - To fix the days of the year and the hours of the day when schools is in session. - To adopt and carry on and to provide for the financing of a total educational program for the district. - To provide, or require pupils to be provided with, suitable textbooks and supplies. - To prescribe rules for the disciplining of unruly or insubordinate pupils, including rules on student harassment, intimidation and bullying. - To provide support for teachers in their first two years in the profession in the areas of administrative and supervisory support, mentoring, peer assistance and professional development. |
Idaho Code Ann. § 33-501 Idaho Code Ann. § 33-506 Idaho Code Ann. § 33-511 Idaho Code Ann. § 33-512 |
The board of trustees of each elementary school district is composed of three members and the board of trustees of each other school district is composed of five members. Members are elected. | Idaho Code Ann. § 33-501 | ||
| Indiana | Article VIII | Knowledge and learning, generally diffused throughout a community, being essential to the preservation of a free government; it shall be the duty of the general assembly to encourage, by all suitable means, moral, intellectual, scientific, and agricultural improvement; and to provide, by law, for a general and uniform system of common schools, wherein tuition shall be without charge, and equally open to all. | Ind. Const. art. VIII, § 1 | The principal of the Common School fund shall remain a perpetual fund, which may be increased, but shall never be diminished; and the income thereof shall be inviolably appropriated to the support of common schools, and to no other purpose whatever. | Ind. Const. art. VIII, § 3 | No money shall be drawn from the treasury, for the benefit of any religious or theological institution. | Ind. Const. art. I, § 6 | It shall be the duty of the general assembly to provide, by law, for the support of institutions for the education of the deaf, the mute, and the blind; and for the treatment of the insane. | Ind. Const. art. IX, § 1 | N/A | N/A | The legislative authority of the state shall be vested in a general assembly, which shall consist of a senate and a house of representatives. Each house shall have all powers necessary for a branch of the legislative department of a free and independent state. It shall be the duty of the general assembly to encourage, by all suitable means, moral, intellectual, scientific, and agricultural improvement; and to provide, by law, for a general and uniform system of common schools, wherein tuition shall be without charge, and equally open to all. |
Ind. Const. art. IV, § 1 Ind. Const. art. IV, § 16 Ind. Const. art. VIII, § 1 |
One member of the state board of education, who is not a member of the general assembly, is appointed by the speaker of the house of representatives. One member of the board, who is not a member of the general assembly, is appointed by president pro tempore of the senate. | Ind. Code Ann. § 20-19-2-2.2 | House Education Committee Senate Education and Career Development Committee Senate Appropriations School Funding Subcommittee |
Link | State constitution and state statute | The executive power of the state shall be vested in a governor. The governor shall take care that the laws are faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. |
Ind. Const. art. V, § 1 Ind. Const. art. V, § 16 Ind. Const. art. V, § 14 |
The governor has the authority to appoint eight of the eleven members of the state board of education. After January 10, 2021, the governor shall appoint an individual to be the secretary of education. The secretary of education serves at the pleasure of the governor. |
Ind. Code Ann. § 20-19-2-2.2 Ind. Code Ann. § 20-19-1-1.1 |
State constitution and state statute | The state superintendent of public instruction serves as the secretary of education and chief executive officer and director of the department of education. | Ind. Code Ann. § 20-19-1-1.1 Ind. Code Ann. § 20-19-3-2 |
The state superintendent, subject to state personnel laws and with the approval of the budget agency, may hire personnel necessary to perform the duties of the department under this title. | Ind. Code Ann. § 20-19-3-3 | After January 10, 2021, the governor shall appoint an individual to be the secretary of education. The secretary serves at the pleasure of the Governor. | Ind. Code Ann. § 20-19-1-1.1 | Statute and state constitution. | IN Const. Art. 8, § 8 Ind. Code Ann. 20-19-1-1.1 Ind. Code Ann. 20-19-3-2 Ind. Code Ann. 20-19-3-3 |
The state board may appoint an executive director. | Ind. Code Ann. 20-19-2-2.1 | The executive director may, with the approval of the state board, hire personnel necessary to carry out the duties and responsibilities of the state board under this title. |
Ind. Code Ann. 20-19-2-2.1 | Statute | Ind. Code Ann. 20-19-2-2.1 | The state board shall do the following: - Establish educational goals of the state, developing standards and objectives for local school corporations. - Assess the attainment of the established goals. - Assure compliance with established standards and objectives. - Coordinate with the commission for higher education and department of workforce development to develop entrepreneurship education programs for elementary and secondary education, higher education, and individuals in the workforce. - Make recommendations to the governor and general assembly concerning the educational needs of the state. - Provide for reviews to ensure the validity and reliability of the statewide assessment program. |
Ind. Code Ann. § 20-19-2-14 | The state board is composed of the following members: - The state superintendent. - Eight members appointed by the governor of which 6 must have professional experience in the field of education. Members shall be appointed from different parts of Indiana with not more than 1 member being appointed from a particular congressional district. Not more than 5 members of the state board may be appointed from the membership of any 1 political party. At least 1 member must be a practicing licensed special education teacher or special education director at the time the member is appointed. - One member, who is not a member of the general assembly, appointed by the speaker of the house of representatives. - One member, who is not a member of the general assembly, appointed by the president pro tempore of the senate. |
Ind. Code Ann. § 20-19-2-2.2 | Eight members of the board are appointed by the governor. One is chosen by the speaker of the house. One is chosen by the president pro tempore of the senate. The superintendent is an ex officio member. | Ind. Code Ann. § 20-19-2-2.2 | Members serve four-year terms. | Ind. Code Ann. § 20-19-2-2.2 | Statute | Ind. Code Ann. § 20-19-2-14 Ind. Code Ann. § 20-19-2-2.2 |
The government, management, and control of all common schools and common school libraries in the school city are vested in a board of school commissioners. The board appoints a general superintendent. The board shall modify, develop, and implement a plan for the improvement of student achievement. |
Ind. Code Ann. § 20-25-3-1 Ind. Code Ann. § 20-25-3-9 Ind. Code Ann. § 20-25-10-1 |
School boards are composed of seven school commissioners. Commissioners are elected in nonpartisan elections. | Ind. Code Ann. § 20-25-3-1 Ind. Code Ann. § 20-25-3-4 |
||
| Massachusetts | Chapter V | Wisdom, and knowledge, as well as virtue, diffused generally among the body of the people, being necessary for the preservation of their rights and liberties; and as these depend on spreading the opportunities and advantages of education in the various parts of the country, and among the different orders of the people, it shall be the duty of legislatures and magistrates, in all future periods of this commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them; especially the university at Cambridge, public schools and grammar schools in the towns; to encourage private societies and public institutions, rewards and immunities, for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and frugality, honesty and punctuality in their dealings; sincerity, good humor, and all social affections, and generous sentiments among the people. | Mass. Const. Pt. 2, C. 5, § 2 | N/A | Section 2. No grant, appropriation or use of public money or property or loan of credit shall be made or authorized by the commonwealth or any political subdivision thereof for the purpose of founding, maintaining or aiding any infirmary, hospital, institution, primary or secondary school, or charitable or religious undertaking which is not publicly owned and under the exclusive control, order and supervision of public officers or public agents authorized by the commonwealth or federal authority or both, except that appropriations may be made for the maintenance and support of the Soldiers' Home in Massachusetts and for free public libraries in any city or town, and to carry out legal obligations, if any, already entered into; and no such grant, appropriation or use of public money or property or loan of public credit shall be made or authorized for the purpose of founding, maintaining or aiding any church, religious denomination or society. Nothing herein contained shall be construed to prevent the commonwealth from making grants-in-aid to private higher educational institutions or to students or parents or guardians of students attending such institutions. | Massachusetts Constitution 18 | N/A | N/A | N/A | The department of legislation shall be formed by two branches, a senate and a house of representatives: each of which shall have a negative on the other. It shall be the duty of legislatures and magistrates, in all future periods of this commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them; especially the university at Cambridge, public schools and grammar schools in the towns; to encourage private societies and public institutions, rewards and immunities, for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and frugality, honesty and punctuality in their dealings; sincerity, good humor, and all social affections, and generous sentiments among the people. |
Mass. Const. Pt. 2, C. 1, § 1, art. I Mass. Const. Pt. 2, C. 5, § 2 |
N/A | Joint Committee on Education | Link | State constitution | There shall be a supreme executive magistrate, who shall be styled, the governor of the commonwealth of Massachusetts. The governor has the authority to approve or disapprove bills passed by the legislature. The governor may disapprove or reduce items or parts of items in any bill appropriating money. |
Mass. Const. Pt. 2, C. 2, § 1, art. I Mass. Const. Pt. 2, C. 1, § 1, art. II Mass. Const. Amend. Art. 63, § 5 |
The governor has the authority to appoint the members of the board of elementary and secondary education. The governor also has the authority to appoint the secretary of education and the secretary shall serve at the pleasure of the governor. | Mass. Gen. Laws Ann. ch. 15, § 1E Mass. Gen. Laws Ann. ch. 6A, § 14A |
State statute | The commissioner of education shall be the secretary to the state board of elementary and secondary education. The commissioner acts as the chief executive officer and chief state school officer for elementary and secondary education. Commissioner duties includes: - Propose a budget to the board. - Prepare and submit to the secretary a five year master plan for elementary, secondary, and vocational-technical education in the commonwealth. - Assist school districts in the development of school based management systems. - Assess program effectiveness. - Facilitate coordination among and between school districts. - The commissioner shall provide guidelines and ongoing training for school districts and charter schools. |
Mass. Gen. Laws Ann. ch. 15, § 1F Mass. Gen. Laws Ann. ch. 69, § 1A |
The commissioner provides supervision and management over the department of elementary and secondary education. The commissioner shall employ personnel and organize the department of elementary and secondary education. |
Mass. Gen. Laws Ann. ch. 15, § 1 Mass. Gen. Laws Ann. ch. 15, § 1F |
The board shall by a two-thirds vote of all its members submit to the secretary, for the secretary's approval, a recommended candidate for the commissioner's role. The secretary may appoint the commissioner only from candidates submitted to the secretary by the board. The commissioner serves at the pleasure of the board. | Mass. Gen. Laws Ann. ch. 15, § 1F | Statute. | Mass. Gen. Laws Ann. ch. 15, § 1 Mass. Gen. Laws Ann. ch. 15, § 1F Mass. Gen. Laws Ann. ch. 69, § 1A |
The governor appoints the secretary of education, who oversees the executive office of education. |
Mass. Gen. Laws Ann. 6A § 14A | The secretary analyzes the present and future goals of education in the commonwealth, approves the mission statement and master plans in elementary, secondary, and higher education. Additionally, the secretary approves the appointments of the commissioners of early education and care, elementary and secondary education, and higher education. The secretary makes funding recommendations to the governor, serves as the governor's advisor on educational issues, and serves on the boards of early childhood, elementary, secondary, and higher education. |
Mass. Gen. Laws Ann. 6A § 14A | Statute | Mass. Gen. Laws Ann. 6A § 14A | The board of education is required to establish policies relative to the education of students in public early childhood, elementary, secondary and vocational-technical schools. The board establishes standards for certifying all teachers, principals, and administrators in early childhood, elementary, secondary and vocational-technical schools. Additionally, the board directs and supports the administrative duties of local schools by establishing the process and standards for audits, providing technical assistance on curriculum and materials, ensuring compliance with board policy and statute, ensuring administrative efficiencies in the department and in schools, identifying low-performing schools, and overseeing school accountability and reporting in addition to other duties. The board also recommends the commissioner of elementary and secondary education to the secretary of education. |
Mass. Gen. Laws Ann. ch. 15, § 1F Mass. Gen. Laws Ann. ch. 69, § 1B |
The state board of elementary and secondary education is composed of the chairman of the student advisory council, the secretary of education, and nine appointed members consisting of one representative of a labor organization, one representative of business or industry, one representative of parents of school children, and six additional members. | Mass. Gen. Laws Ann. ch. 15, § 1E | All members of the state board are appointed by the governor. The labor organization representative is selected from a list provided by the state chapter of the AFL-CIO. The parent member is selected from a list of three submitted by the state PTA. | Mass. Gen. Laws Ann. ch. 15, § 1E | Members serve 5 year terms, except one member who serves a term coterminous with the governor. No member may serve more than two full terms. | Mass. Gen. Laws Ann. ch. 15, § 1E | Statute | Mass. Gen. Laws Ann. ch. 15, § 1E Mass. Gen. Laws Ann. ch. 15, § 1F Mass. Gen. Laws Ann. ch. 69, § 1B |
The powers, duties and liabilities of a regional school district shall be vested in and exercised by a regional district school committee organized in accordance with the agreement. Regional school district planning committees from any two or more towns may join together to form a regional school district planning board. A regional district planning board may recommend that there shall be established a regional school district which may include all the towns represented by its membership, or alternatively, any specified combination of such towns. The school committee in each city and town and each regional school district shall have the power to select and to terminate the superintendent, shall review and approve budgets for public education in the district, and shall establish educational goals and policies for the schools in the district consistent with the requirements of law and statewide goals and standards established by the board of education. The school committee in each city, town and regional school district may select a superintendent jointly with other school committees and the superintendent shall serve as the superintendent of all of the districts that selected him. |
Mass. Gen. Laws Ann. ch. 71, § 16A Mass. Gen. Laws Ann. ch. 71, § 14 Mass. Gen. Laws Ann. ch. 71, § 14B Mass. Gen. Laws Ann. ch. 71, § 37 |
Regional school planning committees are composed of three members, including one member appointed by the moderator. Regional school planning boards determine the number, composition, and method of selection of members. | Mass. Gen. Laws Ann. ch. 71, § 14 Mass. Gen. Laws Ann. ch. 71, § 14B |
|||||
| Minnesota | Article XIII | The stability of a republican form of government depending mainly upon the intelligence of the people, it is the duty of the legislature to establish a general and uniform system of public schools. The legislature shall make such provisions by taxation or otherwise as will secure a thorough and efficient system of public schools throughout the state. | Minn. Const. art. XIII, § 1 | The legislature shall make such provisions by taxation or otherwise as will secure a thorough and efficient system of public schools throughout the state. | Minn. Const. art. XIII, § 1 | In no case shall any public money or property be appropriated or used for the support of schools wherein the distinctive doctrines, creeds or tenets of any particular Christian or other religious sect are promulgated or taught. | Minn. Const. art. XIII, § 2 | N/A | N/A | N/A | The legislature consists of the senate and house of representatives. The legislature shall make such provisions by taxation or otherwise as will secure a thorough and efficient system of public schools throughout the state. |
Minn. Const. art. IV, § 1 Minn. Const. art. XIII, § 1 |
The senate provides advice and consent to the governor's appointment of the commissioner of education. | Minn. Stat. Ann. § 119A.03 | House Education Policy Committee House Ways and Means Committee Education Finance Division Senate E-12 Finance and Policy Committee |
House Link Senate Link |
State constitution and state statute | The governor shall take care that the laws be faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. If a bill presented to the governor contains several items of appropriation of money, he may veto one or more of the items while approving the bill. |
Minn. Const. art. V, § 3 Minn. Const. art. IV, § 23 |
The governor has the authority to appoint the commissioner of education with the advice and consent of the senate. | Minn. Stat. Ann. § 119A.03 | State statute | The commissioner of education is the administrative head of the department of education. Additionally, the commissioner must: - Identify measurable outcomes by which programs administered by the department will be evaluated. - Develop linkages with other state departments to ensure coordination and consistent state policies promoting healthy development of children and families. - Monitor local compliance. - Perform a review of state laws and rules to determine which mandates fail to adequately promote public education. - Supervise evening schools. |
Minn. Stat. Ann. § 119A.03 Minn. Stat. Ann. § 127A.05 |
The general powers of the commissioner of education include: - Delegating to any subordinate employee the exercise of specified statutory powers or duties as the commissioner may deem advisable. - Appointing subordinate employees and prescribe their duties. - Organizing the department as deemed advisable in the interest of economy and efficiency. - Prescribing procedures for the internal management of the department or agency. Education specific authority includes: - General supervision over public schools and educational agencies. - Adoption of administrative rules or amend existing rules. |
Minn. Stat. Ann. § 15.06 | The commissioner is appointed by the governor with the advice and consent of the senate. The term of a commissioner shall end with the term of the office of governor. | Minn. Stat. Ann. § 119A.03 Minn. Stat. Ann. § 15.06 |
Statute. | Minn. Stat. Ann. § 119A.03 Minn. Stat. Ann. § 127A.05 Minn. Stat. Ann. § 15.06 |
The commissioner of education may appoint two deputy commissioners who shall serve in the unclassified service. |
Minn. Stat. Ann. § 127A.05 | The deputy commissioners shall have all the powers and authority of the commissioner unless the commissioner directs otherwise. The primary duty of the deputy shall be to assist the commissioner in the general management of the entire department or agency. Deputies serve at the pleasure of the commissioner. |
Minn. Stat. Ann. § 15.06 | Statute | Minn. Stat. Ann. § 15.06 | N/A | N/A | N/A | N/A | N/A | Boards of districts meeting certain requirements may agree to establish an education district. Education board powers include: - Coordinating the programs and services of the education district according to the terms of the written agreement. - Employ personnel as necessary to provide and support the programs and services of the education district. - Entering into contracts with districts and other public and private agencies to provide services needed in the education district. - Appointing an advisory council, consisting of representatives from the program areas covered by the agreement. - Submitting at least an annual report to the member districts and an annual report to the commissioner of education about the activities of the education district. |
Minn. Stat. Ann. § 123A.15 Minn. Stat. Ann. § 123A.17 |
Education district boards are composed of at least one representative of each member district. Members are appointed by the school board or governing board of each member district. | Minn. Stat. Ann. § 123A.16 | ||||||||
| Montana | Article X | (1) It is the goal of the people to establish a system of education which will develop the full educational potential of each person. Equality of educational opportunity is guaranteed to each person of the state. (2) The state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity. (3) The legislature shall provide a basic system of free quality public elementary and secondary schools. The legislature may provide such other educational institutions, public libraries, and educational programs as it deems desirable. |
Mont. Const. art. X, § 1 | (1) Ninety-five percent of all the interest received on the public school fund and ninety-five percent of all rent received from the leasing of school lands and all other income from the public school fund shall be equitably apportioned annually to public elementary and secondary school districts as provided by law. (2) The remaining five percent of all interest received on the public school fund, and the remaining five percent of all rent received from the leasing of school lands and all other income from the public school fund shall annually be added to the public school fund and become and forever remain an inseparable and inviolable part thereof. |
Mont. Const. art. X, § 5 | (1) The legislature, counties, cities, towns, school districts, and public corporations shall not make any direct or indirect appropriation or payment from any public fund or monies, or any grant of lands or other property for any sectarian purpose or to aid any church, school, academy, seminary, college, university, or other literary or scientific institution, controlled in whole or in part by any church, sect, or denomination. (2) This section shall not apply to funds from federal sources provided to the state for the express purpose of distribution to non-public education. |
Mont. Const. art. X, § 6 | N/A | N/A | N/A | The legislative power is vested in a legislature consisting of a senate and house of representatives. The legislature shall provide a basic system of free quality public elementary and secondary schools. The legislature may provide such other educational institutions, public libraries, and educational programs as it deems desirable. It shall fund and distribute in an equitable manner to the school districts the state's share of the cost of the basic elementary and secondary school system. The legislature is required to form a school funding interim commission in the 2015-2016 interim and each successive fifth interim to study educational needs and costs and make recommendations. |
Mont. Const. art. V, § 1 Mont. Const. art. X, § 1 Mont. Code Ann. § 5-20-301 |
The senate confirms the governor's appointments to the state board of education and the state board of regents. | Mont. Const. art. X, § 9 | House Education Committee House Appropriations Education Subcommittee Senate Education and Cultural Resources Committee Senate Appropriations Education Subcommittee |
Link | State constitution and state statute | The executive power is vested in the governor who shall see that the laws are faithfully executed. The governor shall supervise the official conduct of all executive and ministerial officers and ensure that all offices are filled and that the duties of the offices are performed. The governor shall make the appointments and fill the vacancies as required by law. The governor has the authority to approve or disapprove bills passed by the legislature. The governor may veto items in appropriation bills. The governor is an ex officio member of the state board of education and has the authority to break a tie vote. |
Mont. Const. art. VI, § 4 Mont. Const. art. VI, § 10 Mont. Const. art. X, § 9 Mont. Code Ann. § 2-15-201 |
The governor has the authority to appoint the members of the board of education, subject to confirmation by the senate. | Mont. Const. art. X, § 9 Mont. Code Ann. § 2-15-1508 |
State constitution and state statute | The executive branch includes the superintendent of public instruction and its powers are determined by law. The superintendent of public instruction has the general supervision of public schools and districts and shall perform the following duties: - Issue, renew, or deny teacher certification. - Approve or disapprove of school opening/closing. - Supervise school budgeting. - Generally supervise school financial administration and distribute BASE aid. - Evaluate compliance with accreditation standards. - Review school building plans - Provide technical assistance. |
Mont. Const. art. VI, § 4 Mont. Code Ann. § 20-3-106 |
The superintendent of public instruction has the power to: - Appoint a deputy. - Employ, organize, and administer a staff of personnel to assist in the administration of the duties and services of the office. - Keep a record of all official acts and documents applicable to the administration of the office. - Counsel with and advise county superintendents on matters involving the welfare of the schools. - Call an annual meeting of the county superintendents. - Address public assemblies on the subjects pertaining to education in Montana. - Faithfully work in all practical and possible ways for the welfare of the public schools of the state. |
Mont. Code Ann. § 20-3-103 Mont. Code Ann. § 20-3-105 |
The superintendent of public instruction is elected for a term of four years. | Mont. Const. art. VI, § 1 Mont. Code Ann. § 20-3-101 Mont. Code Ann. § 20-3-102 |
Statute and state constitution. | Mont. Const. art. VI, § 1 Mont. Const. art. VI, § 4 Mont. Code Ann. § 20-3-101 Mont. Code Ann. § 20-3-102 Mont. Code Ann. § 20-3-103 Mont. Code Ann. § 20-3-105 Mont. Code Ann. § 20-3-106 |
The state board of public education may appoint an executive secretary and other persons within legislatively authorized appropriations. Additionally, the state superintendent of public instruction shall appoint a deputy as well as other professional staff. |
Mont. Code Ann. 20-2-122 Mont. Code Ann. 20-3-103 |
The executive secretary to the state board has duties and powers prescribed by the board. The deputy state superintendent of public instruction shall perform the duties of the state superintendent in his/her absence. |
Mont. Code Ann. 20-2-122 Mont. Code Ann. 20-3-103 |
Statute | Mont. Code Ann. 20-2-122 Mont. Code Ann. 20-3-103 |
The state board is responsible for long-range planning, and for coordinating and evaluating policies and programs for the state's educational systems. The state board submits unified budget requests. The board of education shall: - Affect an orderly and uniform system for teacher certification. - Consider the suspension or revocation of teacher or specialist certificates. - Administer school financial aid. - Adopt uniform regulations for school buses. - Adopt standards of accreditation. - Approve or disapprove of educational media selected by the superintendent of public instruction. - Adopt rules for the issuance of documents certifying equivalency of completion of secondary education. - Adopt policies for the conduct of programs for gifted and talented. |
Mont. Const. art. X, § 9 Mont. Code Ann. § 20-2-121 |
The state board is composed of seven members. The governor, commissioner of higher education and state superintendent of public instruction are ex officio, non-voting members. No more than four members may be from the same district or political party. | Mont. Const. art. X, § 9 Mont. Code Ann. § 2-15-1507 Mont. Code Ann. § 2-15-1508 |
Members are appointed by the governor and confirmed by the senate. | Mont. Const. art. X, § 9 Mont. Code Ann. § 2-15-1507 |
Members serve seven year terms. | Mont. Code Ann. § 2-15-1508 | State constitution and statute | Mont. Const. art. X, § 9 Mont. Code Ann. § 2-15-1507 Mont. Code Ann. § 2-15-1508 Mont. Code Ann. § 20-2-121 |
The supervision and control of schools in each school district shall be vested in a board of trustees to be elected as provided by law. The trustees of each district have the power to: - Employ or dismiss a teacher, principal, or other assistant upon the recommendation of the district superintendent, the county high school principal, or other principal. - Employ and dismiss administrative personnel, clerks, secretaries, teacher's aides, custodians, maintenance personnel, school bus drivers, food service personnel, nurses, and any other personnel considered necessary. - Administer the attendance and tuition provisions and govern the pupils of the district. - Call, conduct, and certify the elections of the district. - Adopt and administer the annual budget or a budget amendment of the district, and conduct the fiscal business of the district. - Establish and maintain the instructional services of the schools of the district. - Perform any other duty and enforce any other requirements for the government of the schools prescribed by law. |
Mont. Const. art. X, § 8 Mont. Code Ann. § 20-3-324 |
The number of trustee positions in each elementary district varies according to the district's classification. A first-class elementary district board is composed of seven trustees. A second-class elementary district board is composed of five trustees, although the board may vote to increase membership to seven. A third-class elementary district board is composed of three trustees, although the board may vote to increase membership to five. Each county high school board is composed of seven trustees. Requests for additional trustee positions may be made. Trustees are elected. | Mont. Code Ann. § 20-3-341 Mont. Code Ann. § 20-3-351 Mont. Code Ann. § 20-3-352 Mont. Code Ann. § 20-3-301 |
|||
| North Carolina | Article IX | Section 1. Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools, libraries, and the means of education shall forever be encouraged. Section 2. (1) General and uniform system: term. The general assembly shall provide by taxation and otherwise for a general and uniform system of free public schools, which shall be maintained at least nine months in every year, and wherein equal opportunities shall be provided for all students. (2) Local responsibility. The general assembly may assign to units of local government such responsibility for the financial support of the free public schools as it may deem appropriate. The governing boards of units of local government with financial responsibility for public education may use local revenues to add to or supplement any public school or post-secondary school program. |
N.C. Const. art. IX, § 1 N.C. Const. art. IX, § 2 |
Section 2. (1) General and uniform system: term. The general assembly shall provide by taxation and otherwise for a general and uniform system of free public schools, which shall be maintained at least nine months in every year, and wherein equal opportunities shall be provided for all students. (2) Local responsibility. The general assembly may assign to units of local government such responsibility for the financial support of the free public schools as it may deem appropriate. The governing boards of units of local government with financial responsibility for public education may use local revenues to add to or supplement any public school or post-secondary school program. Section 6. The proceeds of all lands that have been or hereafter may be granted by the United States to this state, and not otherwise appropriated by this State or the United States; all moneys, stocks, bonds, and other property belonging to the State for purposes of public education; the net proceeds of all sales of the swamp lands belonging to the State; and all other grants, gifts, and devises that have been or hereafter may be made to the state, and not otherwise appropriated by the state or by the terms of the grant, gift, or devise, shall be paid into the state treasury and, together with so much of the revenue of the State as may be set apart for that purpose, shall be faithfully appropriated and used exclusively for establishing and maintaining a uniform system of free public schools. Section 7. (a) Except as provided in subsection (b) of this section, all moneys, stocks, bonds, and other property belonging to a county school fund, and the clear proceeds of all penalties and forfeitures and of all fines collected in the several counties for any breach of the penal laws of the state, shall belong to and remain in the several counties, and shall be faithfully appropriated and used exclusively for maintaining free public schools. (b) The general assembly may place in a State fund the clear proceeds of all civil penalties, forfeitures, and fines which are collected by state agencies and which belong to the public schools pursuant to subsection (a) of this section. Moneys in such State fund shall be faithfully appropriated by the general assembly, on a per pupil basis, to the counties, to be used exclusively for maintaining free public schools. |
N.C. Const. art. IX, § 2 N.C. Const. art. IX, § 6 N.C. Const. art. IX, § 7 |
N/A | N/A | N/A | (1) General and uniform system: term. The general assembly shall provide by taxation and otherwise for a general and uniform system of free public schools, which shall be maintained at least nine months in every year, and wherein equal opportunities shall be provided for all students. | N.C. Const. art. IX, § 2 | The legislative power of the state shall be vested in the general assembly, which shall consist of a senate and a house of representatives. The general assembly shall provide by taxation and otherwise for a general uniform system of free public schools, which shall be maintained at least nine months in every year, and wherein equal opportunities shall be provided for all students. The general assembly may assign to units of local government such responsibility for the financial support of the free public schools as it may deem appropriate. The general assembly shall provide that every child of appropriate age and of sufficient mental and physical ability shall attend the public schools, unless educated by other means. |
N.C. Const. art. II, § 1 N.C. Const. art. IX, § 2 N.C. Const. art. IX, § 3 |
Governor's appointments to the state board of education are subject to general assembly confirmation in a joint session. | N.C. Const. art. IX, § 4 N.C. Gen. Stat. Ann. § 115C-10 |
House Appropriations Education Subcommittee House Education K-12 Committee Senate Appropriations on Education/Higher Education Senate Education/Higher Education |
Link | State constitution and state statute | The executive power of the state shall be vested in the governor. The governor shall take care that the laws be faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. |
N.C. Const. art. III, § 1 N.C. Const. art. III, § 5 N.C. Const. art. II, § 22 |
The governor appoints the members of the state board of education subjec to confirmation by the general assembly. | N.C. Const. art. IX, § 4 N.C. Gen. Stat. Ann. § 115C-10 |
State constitution and state statute | The superintendent of public instruction shall be the secretary and chief administrative officer of the State Board of Education. The superintendent of public instruction has a duty to perform the following: - Keep the public informed as to the problems and needs of the public schools. - Administer funds appropriated for the operations of the state board of education. - Keep the board informed regarding developments in the field of public education. - Make available to the public schools a continuous program of comprehensive supervisory services. - Communicate to the public school administrators all information and instructions regarding needed rules and regulations adopted by the board. |
N.C. Gen. Stat. Ann. § 115C-19 N.C. Gen. Stat. Ann. § 115C-21 N.C. Const. art. IX, § 4 |
The superintendent of public instruction has the authority to: - Organize and establish a department of public instruction which shall include divisions and departments for supervision and administration of the public school system and to administer funds in accordance with all needed rules and regulations adopted by the state board of education. - Direct and control all matters relating to the direct supervision and administration of the public school system. |
N.C. Gen. Stat. Ann. § 115C-21 |
The superintendent of public instruction shall be elected by the qualified voters of the state at the same time and places as members of the general assembly are elected. The superintendent's term of office shall be four years. | N.C. Const. art. III, § 7 N.C. Gen. Stat. Ann. § 115C-18 |
Statute and state constitution. | N.C. Const. art. III, § 7 N.C. Const. art. IX, § 4 |
The superintendent of public instruction shall be the secretary and chief administrative officer of the state board of education. |
N.C.G.S.A. Art. IX, § 4 N.C. Gen. Stat. Ann. § 115C-19 |
The superintendent of public instruction shall administer all needed rules and regulations adopted by the state board of education through the department of public instruction. |
N.C.G.S.A. Art. IX, § 4 N.C. Gen. Stat. Ann. § 115C-19 |
Statute and state constitution | N.C.G.S.A. Art. IX, § 4 N.C. Gen. Stat. Ann. § 115C-19 |
The State Board of Education supervises and administers the public school system and the educational funds provided for its support. The board will make all needed rules and regulations. The board has the following powers and duties: - Financial powers. - Power to alter boundaries of city school administrative units and approve agreements for the consolidation and merger of school administrative units located in the same county. - Issue report cards for the state and each local administrative unit. - Power to provide for sick leave with pay and determine salary and benefits for all public school employees. - Establish benchmarks by which to measure the progress that each local school board of education has made in implementing the basic education program. - Conduct hearings throughout the state when making substantial policy changes. - Develop exit standards and graduation requirements. - Provide programs or projects in the cultural and fine arts areas. - Provide for school transportation programs. - Develop uniform education reporting system. - Assist Schools in meeting adequate yearly progress. - Power to accredit schools. |
N.C. Const. art. IX, § 5 N.C. Gen. Stat. Ann. § 115C-12 |
The state board of education shall consist of the lieutenant governor, the state treasurer, and 11 other members. Not more than two public school employees paid from state or local funds may serve as appointive members of the state board of education. No spouse of any public school employee paid from state or local funds and no spouse of any employee of the department of public instruction may serve as an appointive member of the state board of education. Of the appointive members of the state board of education, one shall be appointed from each of the eight educational districts and three shall be appointed as members at large. | N.C. Gen. Stat. Ann. § 115C-10 | Eleven members of the state board of education are appointed by the governor, subject to confirmation by the Senate. | N.C. Gen. Stat. Ann. § 115C-10 | Members serve eight year terms. | N.C. Gen. Stat. Ann. § 115C-10 | State constitution and statute | N.C. Const. art. IX, § 5 N.C. Gen. Stat. Ann. § 115C-10 N.C. Gen. Stat. Ann. § 115C-12 |
Local boards of education have general control and supervision of all matters pertaining to the public schools in their respective administrative units. Boards have the power to: - Provide students with the opportunity to receive a sound basic education and to make all policy decisions with that objective in mind, including employment decisions, budget development, and other administrative actions. - Establish and maintain kindergartens. - Divide their various units into attendance areas without regard to district lines. - Make all rules and regulations necessary for the conducting of extracurricular activities. - Sponsor or conduct educational research and special projects approved by the Department of Public Instruction and the State Board of Education. |
N.C. Gen. Stat. Ann. § 115C-36 N.C. Gen. Stat. Ann. § 115C-47 |
Local boards are composed of five members. Members are elected. | N.C. Gen. Stat. Ann. § 115C-35 | |||
| New Hampshire | Article 83 | Knowledge and learning, generally diffused through a community, being essential to the preservation of a free government; and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end; it shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards, and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and economy, honesty and punctuality, sincerity, sobriety, and all social affections, and generous sentiments, among the people: Provided, nevertheless, that no money raised by taxation shall ever be granted or applied for the use of the schools or institutions of any religious sect or denomination. | N.H. Const. Pt. 2, art. LXXXIII | N/A | Provided, nevertheless, that no money raised by taxation shall ever be granted or applied for the use of the schools or institutions of any religious sect or denomination. | N.H. Const. Pt. 2, art. LXXXIII | N/A | N/A | N/A | The supreme legislative power, within the state, shall be vested in the senate and house of representatives, each of which shall have a negative on the other. The full power and authority are hereby given and granted to the said general court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions, and instructions for the benefit of the welfare of the state. It shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and natural history of the country. |
N.H. Const. Pt. 2, art. II N.H. Const. Pt. 2, art. V N.H. Const. Pt. 2, art. LXXXIII |
N/A | House Education Committee Senate Education and Workforce Development Committee |
House Link Senate Link |
State constitution | There shall be a supreme executive magistrate, who shall be styled the governor of the state of New Hampshire. The executive power of the state is vested in the governor. The governor shall be responsible for the faithful execution of the laws. He may, by appropriate court action or proceeding brought in the name of the state, enforce compliance with any constitutional or legislative mandate. The governor has the authority to approve or disapprove bills passed by the legislature. |
N.H. Const. Pt. 2, art. XLI N.H. Const. Pt. 2, art. XLIV |
The governor, after consultation with the board of education, shall appoint the commissioner and the deputy commissioner of the department of education with the consent of council. The governor and council shall appoint the members of the board. Annually, the governor shall name a member of the board who shall serve as chairperson for one year and until a successor is appointed. |
N.H. Rev. Stat. Ann. § 21-N:3 N.H. Rev. Stat. Ann. § 21-N:10 |
State statute | The commissioner of education is the executive director of the department of education. The commissioner shall: - Provide general supervision for elementary and secondary schools, teachers, and administrators. - Provide a variety of educational services to schools and particular groups. - Provide vocational rehabilitation and social security disability determination services for persons with disabilities. Additional duties include: - Establish organizational goals of the department and represent the public interest in the administration of the functions of the department of education. - Plan and apply for federal and other grants. |
N.H. Rev. Stat. Ann. § 21-N:2 N.H. Rev. Stat. Ann. § 21-N:4 |
The commissioner of education has the authority to: - Accept gifts, contributions, and bequests of unrestricted funds from individuals, subject to approval from the executive council. - Provide for a fair hearings unit within the commissioner's office and conduct all hearings. - Represent the department on boards, commissions, committees, and professional associations, or shall designate a designee. - Establish procedures to provide school administrative units with professional staff services, including direct services to school administrative units in improving the effectiveness and efficiency of administrative and instructional services. |
N.H. Rev. Stat. Ann. § 21-N:4 | The governor, after consultation with the board of education, shall appoint the commissioner of the department of education with the consent of council. Each shall serve for a term of 4 years. | N.H. Rev. Stat. Ann. § 21-N:3 | Statute. | N.H. Rev. Stat. Ann. § 21-N:2 N.H. Rev. Stat. Ann. § 21-N:3 N.H. Rev. Stat. Ann. § 21-N:4 |
The governor appoints a deputy commissioner of education. |
N.H. Rev. Stat. § 21-N:3 | The deputy commissioner shall: -Implement organizational goals. -Ensure compliance. -Manage personnel. -Develop and maintain accounting and property records. -Require and approve division short- and long-range plans. -Administer finance and operations. |
N.H. Rev. Stat. § 21-N:5 | Statute | N.H. Rev. Stat. § 21-N:3 N.H. Rev. Stat. § 21-N:5 |
The state board of education shall: - Regularly review all programs and activities of the department of education and make recommendations to the commissioner of education. - Advise the commissioner of education with regard to department goals, information gathering and any other aspect of elementary and secondary education. - Hear appeals and issue decisions, which shall be considered final decisions of the department of education. - Appoint members of the professional standards board and other advisory bodies. - Prepare a budget and supervise the expenditure of all monies appropriated to public schools. - Enforce laws relative to school attendance. - Prepare, publish and distribute school programs, outlines of work and courses of study that will best promote education interests of the state. |
N.H. Rev. Stat. Ann. § 21-N:11 N.H. Rev. Stat. Ann. § 186:11 |
The state board is composed of seven members who may not be professionally engaged in school work. Five of the members will selected from one of the five executive councilor districts, and two members will be selected from the public at large. | N.H. Rev. Stat. Ann. § 21-N:10 | The members are appointed by the governor and executive council. | N.H. Rev. Stat. Ann. § 21-N:10 | Members serve four year terms, and no member may serve more than three consecutive, full terms. | N.H. Rev. Stat. Ann. § 21-N:10 | Statute | N.H. Rev. Stat. Ann. § 21-N:10 N.H. Rev. Stat. Ann. § 21-N:11 N.H. Rev. Stat. Ann. § 186:11 |
It is the duty of the school board to provide, at district expense, elementary and secondary education to all pupils who reside in the district. Elected school boards shall be responsible for establishing the structure, accountability, advocacy, and delivery of instruction in each school operated and governed in its district. School boards will establish instructional policies that establish instructional goals based upon available information about the knowledge and skills pupils will need in the future. School boards will adopt a teacher performance evaluation system. The school board will purchase, at the expense of the city or town in which the district is situated, textbooks and other supplies required for use in the public schools; and will loan the same to the pupils of such schools free of charge. The board will make menstrual hygiene products available at no cost in all gender neutral bathrooms and bathrooms designated for females located in public middle and high schools. Two or more districts may form a cooperative school district, the board of which has the same powers as a school board. |
N.H. Rev. Stat. Ann. § 189:1-a N.H. Rev. Stat. Ann. § 189:16 N.H. Rev. Stat. Ann. § 189:16-a N.H. Rev. Stat. Ann. § 195:1 |
A school board is composed of three, five, seven, or nine members, as it determines by vote at any annual meeting. Members are elected. A cooperative school district may adopt a bylaw to specify the number, composition, method of selection, and terms of office of its cooperative school board, provided that the cooperative school board consists of an odd number of members, not to exceed fifteen. |
N.H. Rev. Stat. Ann. § 671:4 N.H. Rev. Stat. Ann. § 195:4 |
|||||
| New Jersey | Article VIII, Sec. 4 | The Legislature shall provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all the children in the State between the ages of five and eighteen years. | N.J. Const. art. VIII, § 4, ¶ 1 | The fund for the support of free public schools, and all money, stock and other property, which may hereafter be appropriated for that purpose, or received into the treasury under the provisions of any law heretofore passed to augment the said fund, shall be securely invested, and remain a perpetual fund; and the income thereof, except so much as it may be judged expedient to apply to an increase of the capital, shall be annually appropriated to the support of free public schools, and for the equal benefit of all the people of the State; and it shall not be competent, except as hereinafter provided, for the legislature to borrow, appropriate or use the said fund or any part thereof for any other purpose, under any pretense whatever. The bonds of any school district of this State, issued according to law, shall be proper and secure investments for the said fund and, in addition, said fund, including the income therefrom and any other moneys duly appropriated to the support of free public schools may be used in such manner as the legislature may provide by law to secure the payment of the principal of or interest on bonds or notes issued for school purposes by counties, municipalities or school districts or for the payment or purchase of any such bonds or notes or any claims for interest thereon. | N.J. Const. art. VIII, § 4, ¶ 2 | N/A | N/A | The legislature shall provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all the children in the state between the ages of five and eighteen years. | N.J. Const. art. VIII, § 4, ¶ 1 | N/A | The legislative power shall be vested in a senate and general assembly. The legislature shall provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all the children in the state between the ages of five and eighteen years. The legislature may provide, within reasonable limitations as to distance to be prescribed, provide for the transportation of children within the ages of five to 18 years inclusive to and from any school. |
N.J. Const. art. IV, § 1, ¶ 1 N.J. Const. art. VIII, § 4, ¶ 1 N.J. Const. art. VIII, § 4, ¶ 3 |
The senate provides advice and consent to the governor's appointments to the state board of education and for the commissioner of education. | N.J. Stat. Ann. § 18A:4-4 N.J. Stat. Ann. § 18A:4-21 |
House Education Committee Senate Education Committee |
House Link Senate Link |
State constitution and state statute | The executive power shall be vested in a governor. The governor shall take care that the laws be faithfully executed. To this end he shall have power, by appropriate action or proceeding in the courts brought in the name of the state, to enforce compliance with any constitutional or legislative mandate. The governor has the authority to approve or disapprove bills passed by the legislature. If any bill presented to the governor shall contain one or more items of appropriation of money, he may object in whole or in part to any such item or items while approving the other portions of the bill. |
N.J. Const. art. V, § 1, ¶ 1 N.J. Const. art. V, § 1, ¶ 11 N.J. Const. art. V, § 1, ¶ 14 N.J. Const. art. V, § 1, ¶ 15 |
The governor appoints the commissioner of education and the members of the state board of education with the advice and consent of the senate. | N.J. Stat. Ann. § 18A:4-21 N.J. Stat. Ann. § 18A:4-4 |
State statute | The commissioner shall be: - The chief executive and administrative officer of the department having general charge and supervision of the work of the department. - The official agent of the state board for all purposes. - The budget request officer and approval officer of the department, with power to delegate the duties of such officers. The commissioner shall have supervision of all schools in the state receiving support or aid from state appropriations. The commissioner shall inquire into the and ascertain the thoroughness and efficiency of operation of any of the schools of the public school system. The commissioner, subject to the approval of the State board, shall appoint not more than seven assistant commissioners of education, and fix their compensation, and he shall from time to time designate one of them to act in his place and stead during his absence. |
N.J. Stat. Ann. § 18A:4-22 N.J. Stat. Ann. § 18A:4-23 N.J. Stat. Ann. § 18A:4-24 N.J. Stat. Ann. § 18A:4-32 |
The commissioner is authorized, subject to law, to designate one of the assistant commissioners to act in his place and stead during his absence. The commissioner may, with the approval of the state board, prescribe minimum courses of study for the public schools and require boards of education to submit to him for approval or disapproval courses of study adopted by them. The commissioner may accept and administer for the state any grant, conveyance, devise, bequest, or donation to be applied for the purposes specified in such grant. The commissioner may prepare, publish and distribute from time to time handbooks, materials or circulars for the guidance of teachers in the public schools. |
N.J. Stat. Ann. § 18A:4-22 N.J. Stat. Ann. § 18A:4-25 N.J. Stat. Ann. § 18A:4-26 N.J. Stat. Ann. § 18A:4-28 |
The commissioner of education shall be appointed by the governor with the advice and consent of the senate, and shall serve at the pleasure of the governor during the governor's term of office. | N.J. Stat. Ann. § 18A:4-21 |
Statute. | N.J. Stat. Ann. § 18A:4-21 N.J. Stat. Ann. § 18A:4-22 N.J. Stat. Ann. § 18A:4-23 N.J. Stat. Ann. § 18A:4-24 N.J. Stat. Ann. § 18A:4-25 N.J. Stat. Ann. § 18A:4-26 N.J. Stat. Ann. § 18A:4-32 |
The commissioner of education shall be the secretary to the state board of education, but may designate one of his clerks to perform the duties of secretary. |
N.J. Stat. Ann. 18A:4-9 | The state board designates the duties of the secretary of the state board of education. |
N.J. Stat. Ann. 18A:4-9 | Statute | N.J. Stat. Ann. 18A:4-9 | The general supervision and control of public education in this state, except higher education, and of the state department of education is vested in the state board, which will formulate plans and make recommendations for the unified, continuous and efficient development of public education, other than higher education. The state board shall: - Conduct all building operations coming within its direct supervision. - Prescribe a uniform system of bookkeeping which is consistent with generally accepted accounting principles. - Make and enforce, and may alter and repeat, rules for its own government and for implementing and carrying out the school laws of this state under which it has jurisdiction. - Report to the legislature annually. |
N.J. Stat. Ann. § 18A:4-10 N.J. Stat. Ann. § 18A:4-13 N.J. Stat. Ann. § 18A:4-14 N.J. Stat. Ann. § 18A:4-15 N.J. Stat. Ann. § 18A:4-20 |
The state board is composed of thirteen members. At least three members must be women, and no more than one member may be from any one county. Members must have lived in the state for at least the five years previous to their appointment. | N.J. Stat. Ann. § 18A:4-3 | Members are appointed by the governor, with the advice and consent of the senate. | N.J. Stat. Ann. § 18A:4-4 | Members serve terms of 6 years. | N.J. Stat. Ann. § 18A:4-4 | Statute | N.J. Stat. Ann. § 18A:4-3 N.J. Stat. Ann. § 18A:4-4 N.J. Stat. Ann. § 18A:4-10 N.J. Stat. Ann. § 18A:4-13 N.J. Stat. Ann. § 18A:4-14 N.J. Stat. Ann. § 18A:4-15 N.J. Stat. Ann. § 18A:4-20 |
The schools of each school district are conducted, by and under the supervision of a board of education. Board powers include: - Enforcing the rules of the state board. - Making, amending and repealing rules for its own government and the transaction of its business, and for the government and management of the public schools and public school property of the district, and for the employment, regulation of conduct and discharge of its employees. - Perform all acts and do all things, consistent with law and the rules of the state board, necessary for the lawful and proper conduct, equipment and maintenance of the public schools of the district. |
N.J. Stat. Ann. § 18A:10-1 N.J. Stat. Ann. § 18A:11-1 |
In Type I districts, the board is composed of five or seven members as provided by ordinance of the municipal governing body, except that it consists of nine members in districts in cities of the first class, and in districts in which it has been so determined by referendum held pursuant to law. Members are appointed by the mayor or other chief executive officer of the municipality constituting the district. In Type II districts, the board is composed of nine members, or of three, five or seven members as, and if, it has been so determined pursuant to law or is determined by referendum. Members are elected. In some Type II school districts, in towns having a population of more than 10,000, the members of the board of education are appointed by the mayor or other chief executive officer of the municipality. |
N.J. Stat. Ann. § 18A:12-6 N.J. Stat. Ann. § 18A:12-7 N.J. Stat. Ann. § 18A:12-11 N.J. Stat. Ann. § 18A:12-16 |
|||
| North Dakota | Article VIII | A high degree of intelligence, patriotism, integrity and morality on the part of every voter in a government by the people being necessary in order to insure the continuance of that government and the prosperity and happiness of the people, the legislative assembly shall make provision for the establishment and maintenance of a system of public schools which shall be open to all children of the state of North Dakota and free from sectarian control. This legislative requirement shall be irrevocable without the consent of the United States and the people of North Dakota. | N.D. Const. art. VIII, § 1 | N/A | All colleges, universities, and other educational institutions, for the support of which lands have been granted to this state, or which are supported by a public tax, shall remain under the absolute and exclusive control of the state. No money raised for the support of the public schools of the state shall be appropriated to or used for the support of any sectarian school. | N.D. Const. art. VIII, § 5 | N/A | N/A | N/A | The legislative assembly shall enact all laws necessary to carry into effect the provisions of the state constitution. The legislative assembly shall make provision for the establishment and maintenance of a system of public schools which shall be open to all children of the state of North Dakota and free from sectarian control. The legislative requirement shall be irrevocable without the consent of the United States and the people of North Dakota. The legislative assembly shall provide for a uniform system of free public schools throughout the state, beginning with the primary and extending through all grades up to and including schools of higher education, except that the legislative assembly may authorize tuition, fees and service charges to assist in the financing of public schools of higher education. The legislative assembly shall take such other steps as may be necessary to prevent illiteracy, secure a reasonable degree of uniformity in course of study, and to promote industrial, scientific, and agricultural improvements. |
N.D. Const. art. IV, § 13 N.D. Const. art. VIII, § 1 N.D. Const. art. VIII, § 2 N.D. Const. art. VIII, § 4 |
N/A | House Appropriations Education and Environment Division Subcommittee House Education Committee Senate Education Committee |
Link | State constitution | The executive power is vested in the governor. The governor is the chief executive of the state. The governor shall have the responsibility to see that the state's business is well administered and that its laws are faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. The governor may veto items in an appropriations bill. |
N.D. Const. art. V, § 1 N.D. Const. art. V, § 7 N.D. Const. art. V, § 9 |
The governor shall appoint new board members from a list of names submitted by a committee consisting of the president of North Dakota united, the president of the North Dakota council of educational leaders, and the president of the North Dakota school boards association. The governor shall appoint seven of eight members of the state board of higher education, subject to confirmation by the senate. |
N.D. Const. art. VIII, § 6 N.D. Cent. Code Ann. § 15.1-01-01 |
State constitution and state statute | The superintendent of public instruction is the chief administrative officer of the department of public instruction. The superintendent of public instruction shall: - Supervise the provision of elementary and secondary education to students in the state. - Supervise the establishment and maintenance of schools and provide advice and counsel regarding their welfare. - Supervise the development of course content standards. - Supervise the assessment of students. - Serve as an ex officio member of the board of university and school lands. - Facilitate a process to review and update annually the statewide prekindergarten through grade twelve education strategic vision. |
N.D. Cent. Code Ann. § 15.1-03-01 N.D. Cent. Code Ann. § 15.1-02-04 |
The superintendent of public instruction has the authority to direct district annexation, reorganization, and dissolution and employ and compensate personnel necessary to enable the state board to exercise its powers. The superintendent may appoint an assistant. The officeholder may also hire personnel or contract with other persons to perform the work of the department of public instruction. The superintendent may adopt rules governing the accreditation of public and nonpublic schools. |
N.D. Cent. Code Ann. § 15.1-02-03 N.D. Cent. Code Ann. § 15.1-02-04 N.D. Cent. Code Ann. § 15.1-02-11 |
The superintendent of public instruction is elected by a general election. The superintendent serves a term of four years. | N.D. Const. art. V, § 2 N.D. Cent. Code Ann. § 15.1-02-01 N.D. Const. art. V, § 5 |
Statute and state constitution. | N.D. Cent. Code Ann. § 15.1-02-03 N.D. Cent. Code Ann. § 15.1-02-04 N.D. Cent. Code Ann. § 15.1-02-11 N.D. Cent. Code Ann. § 15.1-03-01 N.D. Const. art. V, § 2 N.D. Const. art. V, § 5 |
The superintendent of public instruction shall serve as the executive director and secretary of the board. |
ND Cent. Code, 15.1-01-01 | The superintendent of public instruction shall call meetings as necessary, carry out the policies of the board, and employ personnel necessary to perform the board's duties. |
ND Cent. Code, 15.1-01-01 | Statute | ND Cent. Code, 15.1-01-01 | The state board of public school education will: - Assist county committees in carrying out their duties. - Provide county committees with clerical assistance, plans of procedure, standards, data, maps, forms, and other materials, information, and services. - Appoint members to the county committee, if the county superintendent does not fulfill this duty. - Provide oversight for regional education associations The board may adopt rules. |
N.D. Cent. Code Ann. § 15.1-01-03 | The state board of public school education is composed of the superintendent of public instruction and: - An individual representing Barnes, Cass, Grand Forks, Griggs, Nelson, Steele, and Traill Counties; - An individual representing Benson, Bottineau, Cavalier, McHenry, Pembina, Pierce, Ramsey, Renville, Rolette, Towner, and Walsh Counties; - An individual representing Dickey, Emmons, LaMoure, Logan, McIntosh, Ransom, Richland, and Sargent Counties; - An individual representing Burleigh, Eddy, Foster, Kidder, McLean, Sheridan, Stutsman, and Wells Counties; - An individual representing Burke, Divide, McKenzie, Mountrail, Ward, and Williams Counties; and - An individual representing Adams, Billings, Bowman, Dunn, Golden Valley, Grant, Hettinger, Mercer, Morton, Oliver, Sioux, Slope, and Stark Counties. Two of the state board members must be members of the North Dakota school boards association |
N.D. Cent. Code Ann. § 15.1-01-01 | The governor appoints new board members from a list of names submitted by a committee consisting of the president of North Dakota united, the president of the North Dakota council of educational leaders, and the president of the North Dakota school boards association | N.D. Cent. Code Ann. § 15.1-01-01 | Members serve six year terms. | N.D. Cent. Code Ann. § 15.1-01-01 | Statute | N.D. Cent. Code Ann. § 15.1-01-01 N.D. Cent. Code Ann. § 15.1-01-03 |
School boards have the power to: -Establish a system of free public schools for all children of legal school age residing within the district. -Organize, establish, operate, and maintain elementary, middle, and high schools. -Have custody and control of all school district property. -Acquire real property and construct school buildings and other facilities. -Purchase, sell, exchange, improve, and lease for up to one year equipment, furniture, supplies, and textbooks. -Prescribe courses of study in addition to those prescribed by the superintendent of public instruction or by law. -Adopt rules regarding the instruction of students, including their admission, transfer, organization, grading, and government. -Contract with, employ, and compensate school district personnel. -Contract for the services of a district superintendent and principal |
N.D. Cent. Code Ann. § 15.1-09-33 | A school board may be composed of five, seven or nine members. The qualified electors of a school district may petition to change the number of members. Members are elected. | N.D. Cent. Code Ann. § 15.1-09-01 | |||||
| Oregon | Article VIII | The legislative assembly shall provide by law for the establishment of a uniform, and general system of common schools. | Or. Const. art. VIII, § 3 | Section 4. Provision shall be made by law for the distribution of the income of the common school fund among the several counties of this state in proportion to the number of children resident therein between the ages, four and twenty years. Section 8. (1) The legislative assembly shall appropriate in each biennium a sum of money sufficient to ensure that the state's system of public education meets quality goals established by law, and publish a report that either demonstrates the appropriation is sufficient, or identifies the reasons for the insufficiency, its extent, and its impact on the ability of the state's system of public education to meet those goals. (2) Consistent with such legal obligation as it may have to maintain substantial equity in state funding, the legislative assembly shall establish a system of Equalization Grants to eligible districts for each year in which the voters of such districts approve local option taxes as described in Article XI, section 11 (4)(a)(B) of this constitution. The amount of such grants and eligibility criteria shall be determined by the legislative assembly. |
Or. Const. art. VIII, § 4 Or. Const. art. VIII, § 8 |
No money shall be drawn from the treasury for the benefit of any religeous (sic), or theological institution, nor shall any money be appropriated for the payment of any religeous (sic) services in either house of the legislative assembly. | Or. Const. art. I, § 5 | N/A | Provision shall be made by law for the distribution of the income of the common school fund among the several counties of this state in proportion to the number of children resident therein between the ages, four and twenty years. | Or. Const. art. VIII, § 4 | N/A | The legislative power of the state, except for the initiative and referendum powers reserved to the people, is vested in a legislative assembly, consisting of a senate and a house of representatives. The legislative assembly shall provide by law for the establishment of a uniform general system of common schools. The legislative assembly shall appropriate each biennium a sum of money sufficient to ensure that the state's system of public education meets quality goals established by law. |
Or. Const. art. IV, § 1 Or. Const. art. VIII, § 3 Or. Const. art. VIII, § 8 |
The governor's appointments to the state board of education and for the position of deputy superintendent of public instruction are subject to senate confirmation. | Or. Rev. Stat. Ann. § 326.021 Or. Rev. Stat. Ann. § 326.300 |
House Education Committee Senate Education Committee |
Link | State constitution and state statute | The chief executive power of the state shall be vested in a governor. He shall take care that laws be faithfully executed. The governor shall have the power to veto single items in appropriations bills, and any provision in new bills declaring an emergency, without thereby affecting any other provision of such bill. The governor has the authority to approve or disapprove bills passed by the legislature. The governor shall be the superintendent of public instruction. |
Or. Const. art. V, § 1 Or. Const. art. V, § 10 Or. Const. art. V, § 15a Or. Const. art. V, § 15b Or. Rev. Stat. Ann. § 326.300 (West) |
The governor appoints seven members of the state board of education subject to confirmation by the senate. The governor appoints the deputy secretary of education, subject to confirmation by the senate. |
Or. Rev. Stat. Ann. § 326.021 Or. Rev. Stat. Ann. § 326.300 |
State constitution and state statute | The governor shall be the superintendent of education. The superintendent of public instruction shall act as the administrative officer of the state board of education the executive head of the department of education and supervise all activities of the department. The superintendent shall assist school boards and education service district boards in answering questions concerning the proper administration of school laws and rules of the state board of education. Obtain and compile such statistical information relative to the condition and operation of the public schools. Administer and supervise adult education programs. |
Or. Rev. Stat. Ann. § 326.310 | The superintendent may appoint such personnel as may be necessary for the performance of the duties of the office of the superintendent. |
Or. Rev. Stat. Ann. § 326.310 | The superintendent of public instruction is the governor. | Or. Rev. Stat. Ann. § 326.300 Or. Const. art. VIII, § 1 |
Statute and state constitution. | Or. Rev. Stat. Ann. § 326.300 Or. Rev. Stat. Ann. § 326.310 Or. Const. art. VIII, § 1 |
The governor shall appoint a deputy superintendent of public instruction. | OR Rev. Stat. § 326.300 | The deputy superintendent of public instruction shall perform any act or duty that is designated by the governor. The deputy superintendent shall coordinate with the chief education officer. |
OR Rev. Stat. § 326.300 | Statute | OR Rev. Stat. § 326.300 | The state board of education shall consider the modern goals of education when carrying out its duties. The state board shall establish standards and minimum courses of study for public kindergarten, public elementary, and public secondary schools. The board shall also establish rules for the governance of kindergarten, elementary, and secondary schools. The board may adopt rules for participation in interscholastic sports and provide that no school shall discriminate in the participation of interscholastic sports. |
Or. Rev. Stat. Ann. § 326.011 Or. Rev. Stat. Ann. § 326.051 |
The state board is composed of two non-voting members, the state treasurer, or a designee, and the secretary of state, or a designee. Voting members include five members that represent each of the congressional districts in the state, and two at large members. One at large member must be engaged as a licensed teacher in the state. | Or. Rev. Stat. Ann. § 326.021 | Voting members are appointed by the governor subject to confirmation by the senate. | Or. Rev. Stat. Ann. § 326.021 | Members serve four year terms. No member may serve more than two consecutive terms. | Or. Rev. Stat. Ann. § 326.021 | Statute | Or. Rev. Stat. Ann. § 326.011 Or. Rev. Stat. Ann. § 326.021 Or. Rev. Stat. Ann. § 326.051 |
All school districts are bodies corporate, and the district school board is authorized to transact all business coming within the jurisdiction of the district and to sue and be sued. Pursuant to law, district school boards have control of the district schools and are responsible for educating children residing in the district. Any district school board may: - Fix the days of the year and the hours of the day when schools shall be in session. - Adopt textbooks and other instructional materials. |
Or. Rev. Stat. Ann. § 332.072 Or. Rev. Stat. Ann. § 332.075 |
The board of directors of an education service district is composed of seven, nine or eleven members. Members are elected. | Or. Rev. Stat. Ann. § 334.025 | ||
| Rhode Island | Article XII | The diffusion of knowledge, as well as of virtue among the people, being essential to the preservation of their rights and liberties, it shall be the duty of the general assembly to promote public schools and public libraries, and to adopt all means which it may deem necessary and proper to secure to the people the advantages and opportunities of education and public library services. | R.I. Const. art. XII, § 1 | The money which now is or which may hereafter be appropriated by law for the establishment of a permanent fund for the support of public schools, shall be securely invested and remain a perpetual fund for that purpose. | R.I. Const. art. XII, § 2 | N/A | N/A | N/A | N/A | The general assembly shall pass all laws to carry the state constitution into effect. The legislative power shall be vested in a house of representatives and a senate. It shall be the duty of the general assembly to promote public schools and public libraries, and to adopt all means which it may deem necessary and proper to secure to the people the advantages and opportunities of education and public library services. |
R.I. Const. art. VI, § 1 R.I. Const. art. VI, § 2 R.I. Const. art. XII, § 1 |
The senate provides advice and consent for the governor's appointments to the state board of education. | 16 R.I. Gen. Laws Ann. § 16-97-1 | House Health, Education, and Welfare Committee House Finance Education Subcommittee Senate Education Committee |
Link | State constitution and state statute | The chief executive power of the state shall be vested in a governor. The governor shall take care that the laws be faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. |
R.I. Const. art. IX, § 1 R.I. Const. art. IX, § 2 R.I. Const. art. IX, § 14 |
The governor appoints the members of the state board of education with the advice and consent of the senate. | 16 R.I. Gen. Laws Ann. § 16-97-1 | State statute | It shall be the duty of the commissioner of the education to: - Carry out policies formulated by the state board of education. - To evaluate the certification and licensure credentials of school personnel. - Certify approval of accredited schools. - Recommend courses of study to the board. - Verify school buildings align with state law. - Approve the distribution of state school funds in accordance with law and the regulations of the board. - Certify bus routes and schedules. - Require observance of all laws relating to schools and education. - Prepare financial records procedures for local officials. - Implement board policy. - Institute a process for adapting, adopting, and developing curriculum frameworks for mathematics, English language arts, science and technology, history and social studies, world languages, and the arts covered by the academic standards. - Institute a process to review, revise, and adopt statewide academic standards that align with state assessments - Prepare each year a plan for providing statewide assistance in the preparation and implementation of professional development plans. |
16 R.I. Gen. Laws Ann. § 16-1-5 16 R.I. Gen. Laws Ann. § 16-60-6 |
The commissioner of education has the authority to: - Create a master plan for elementary and secondary education in the state. - Coordinate various elementary and secondary education functions across state agencies. - Assist in the preparation of the elementary and secondary state budget. - Interpret school law. - Distribute school funds. - Approve and accredit elementary and secondary schools. - Be responsible for the administration of policies, rules and regulations. |
16 R.I. Gen. Laws Ann. § 16-60-6 | The council on elementary and secondary education, with the advice and consent of the board of education, shall appoint a commissioner of elementary and secondary education who shall serve at the pleasure of the council on elementary and secondary education, provided that the commissioner's initial engagement by the council shall be for a period of not more than three years. | 16 R.I. Gen. Laws Ann. § 16-60-6 | Statute. | 16 R.I. Gen. Laws Ann. § 16-1-5 16 R.I. Gen. Laws Ann. § 16-60-6 |
The council of elementary and secondary education that is part of the state board of education, provides general supervision over elementary and secondary education issues. | RI Gen.Laws 1956, § 16-60-4 | Elementary and secondary education duties include adopting standards, developing a master plan, developing a budget, maintenance of the department of education, and the development of a uniform statewide reporting system, among others. | RI Gen.Laws 1956, § 16-60-4 | Statute | RI Gen.Laws 1956, § 16-60-4 | The state board is responsible for the coordination of education from pre-k through higher education and shall set goals and policies for the effective coordination of these public education systems. The state board of education shall: - Develop and adopt a strategic plan outlining the broad goals and objectives of education in the state. - Prepare and maintain a five-year funding plan for all levels of education in the state. - Develop and submit to the general assembly a performance funding formula for public higher education. - Develop policies and maximize collaborative potential between elementary, secondary, and higher education. - Approve the appointment of the commissioner of elementary and secondary education. - Approve the appointment of the commissioner of postsecondary education. |
16 R.I. Gen. Laws Ann. § 16-97-1 16 R.I. Gen. Laws Ann. § 16-97-1.2 |
The board is composed of 17 members. Eight members serve on the council of elementary and secondary education, eight serve on the council of higher education, and the chairperson serves on both. Non-voting, ex-officio members of the board include the chair of the governor's workforce board, or designee, the chair of the Rhode Island commerce corporation, or designee, and the chair of the university of Rhode Island board of trustees, or designee. | 16 R.I. Gen. Laws Ann. § 16-97-1 | Voting members are appointed by the governor with the advice and consent of the senate. | 16 R.I. Gen. Laws Ann. § 16-97-1 | Members serve three year terms. No member may serve more than three consecutive terms. | 16 R.I. Gen. Laws Ann. § 16-97-1 | Statute | 16 R.I. Gen. Laws Ann. § 16-97-1 16 R.I. Gen. Laws Ann. § 16-97-1.2 |
The entire care, control, and management of all public school interests of the several cities and towns shall be vested in the school committees of the several cities and towns. School committee powers include the following: - To identify educational needs in the community. - To develop education policies to meet the needs of the community. - To provide for and ensure the implementation of federal and state laws, the regulations of the council on elementary and secondary education, and local school policies, programs, and directives. - To provide for the evaluation of the performance of the school system. - To have responsibility for the care and control of local schools. - To have overall policy responsibility for the employment and discipline of school department personnel. - To approve a master plan defining goals and objectives of the school system. - To provide for the location, care, control, and management of school facilities and equipment. - To adopt a school budget to submit to the local appropriating authority. - To employ a superintendent of schools and assign any compensation and other terms and conditions. |
16 R.I. Gen. Laws Ann. § 16-2-9 | The school committee of each town or city is composed of three members. Members are elected. | 16 R.I. Gen. Laws Ann. § 16-2-5 | ||||
| West Virginia | Article XII | The legislature shall provide, by general law, for a thorough and efficient system of free schools. | W. Va. Const. art. XII, § 1 | The Legislature shall provide for the support of free schools by appropriating thereto the interest of the invested “School Fund,” the net proceeds of all forfeitures and fines accruing to this state under the laws thereof and by general taxation of persons and property or otherwise. It shall also provide for raising in each county or district, by the authority of the people thereof, such a proportion of the amount required for the support of free schools therein as shall be prescribed by general laws. | W. Va. Const. art. XII, § 5 | The legislature shall not prescribe any religious test whatever, or confer any peculiar privileges or advantages on any sect or denomination, or pass any law requiring or authorizing any religious society, or the people of any district within this state, to levy on themselves, or others, any tax for the erection or repair of any house for public worship, or for the support of any church or ministry, but it shall be left free for every person to select his religious instructor, and to make for his support, such private contracts as he shall please. | W. Va. Const. art. III, § 15 | The legislature shall foster and encourage, moral, intellectual, scientific and agricultural improvement; it shall, whenever it may be practicable, make suitable provision for the blind, mute and insane, and for the organization of such institutions of learning as the best interests of general education in the state may demand. | W. Va. Const. art. XII, § 12 | N/A | N/A | The legislative power shall be vested in a senate and house of delegates. The legislature shall provide, by general law, for a thorough and efficient system of free schools. The legislature may provide for county superintendents and such other officers as may be necessary to carry out the objects of this article and define their duties, powers and compensation. The legislature shall provide for the support of free schools by appropriating thereto the interest of the invested “School Fund.” The legislature shall foster and encourage, moral, intellectual, scientific and agricultural improvement; it shall, whenever it may be practicable, make suitable provision for the blind, mute and insane, and for the organization of such institutions of learning as the best interests of general education in the state may demand. |
W. Va. Const. art. VI, § 1 W. Va. Const. art. XII, § 1 W. Va. Const. art. XII, § 3 W. Va. Const. art. XII, § 5 W. Va. Const. art. XII, § 12 |
The senate provides advice and consent for the governor's appointments to the state board of education. | W. Va. Code Ann. § 18-2-1 | House Education Committee Senate Education Committee |
House Link Senate Link |
State constitution and state statute | The chief executive power shall be vested in the governor, who shall take care that the laws be faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. A bill passed by the legislature making appropriations of money must be submitted to the governor for his approval or disapproval. |
W. Va. Const. art. VII, § 5 W. Va. Const. art. VII, § 14 W. Va. Const. art. VII, § 15 |
The governor appoints the state board of education with the advice and consent of the senate. | W. Va. Const. art. XII, § 2 W. Va. Code Ann. § 18-2-1 |
State constitution and state statute | The state superintendent of schools shall be the chief executive officer of the state board of education. They shall be charged with the general supervision of all county and city superintendents of free schools and of county and district boards of education within the state. The state superintendent of schools shall: - Institute proceedings or processes to properly enforce and give effect to any provision(s) of laws pertaining to the school system. - Maintain a department of education at his office at the state capitol. - Interpret the meaning of any part of the school law or of the rules of the state board of education upon request. - Make and transmit an annual report to the governor, to be transmitted by him to the legislature. - Exercise such other powers and discharge such other duties as are assigned to them. - Classify all elementary and secondary schools on the basis of standards, rules and regulations established by the state board. |
W. Va. Code Ann. § 18-3-3 W. Va. Code Ann. § 18-3-4 W. Va. Code Ann. § 18-3-6 W. Va. Code Ann. § 18-3-8 W. Va. Code Ann. § 18-3-9 W. Va. Code Ann. § 18-3-10 W. Va. Code Ann. § 18-3-11 |
The state superintendent of schools shall have general supervision of the free schools of the state. The state superintendent of schools shall have authority to employ assistants and such other employees as may be necessary. The state superintendent of schools shall exercise such other powers and discharge such other duties as are assigned to them. |
W. Va. Code Ann. § 18-3-3 W. Va. Code Ann. § 18-3-9 W. Va. Code Ann. § 18-3-10 W. Va. Const. art. XII, § 2 W. Va. Code Ann. § 18-2-4 |
The state superintendent of schools is appointed by the state board of education and serves at the pleasure of the board. |
W. Va. Const. art. XII, § 2 W. Va. Code Ann. § 18-2-4 |
Statute and state constitution. | W. Va. Const. art. XII, § 2 | The state superintendent shall be the chief executive officer of the state board. The board shall appoint a secretary. |
W. Va. Code, § 18-2-4 | The secretary shall keep a record of the proceedings of the state board and shall perform such other duties as it may prescribe | W. Va. Code, § 18-2-4 | Statute | W. Va. Code, § 18-2-4 | The general supervision of the free schools is vested in the board of education which performs such duties as may be prescribed by law. The board selects the state superintendent of free schools. The state board of education shall exercise general supervision of the public schools of the state. Additionally, the board shall promulgate rules relating to standards for performance and accountability, the welfare of students, education of all school age children, school attendance, evening or part-time day schools, classification of schools, issuing certificates based on credentials, and the general powers and duties of county boards. The state board, in exercising its constitutional responsibility for the general supervision of public schools, must do so as provided by general law. |
W. Va. Const. art. XII, § 2 W. Va. Code Ann. § 18-2-5 |
The constitution states that the board is composed of nine members, and no more than five may belong to the same political party. Statute provides for twelve board members, with three ex officio, non-voting members: the state superintendent of schools, the chancellor of the higher education policy commission, and the chancellor of the West Virginia council for community and technical college education. Among the voting members, at least two but not more than three must represent each congressional district. | W. Va. Const. art. XII, § 2 W. Va. Code Ann. § 18-2-1 |
Members are appointed by the governor with the advice and consent of the senate. | W. Va. Const. art. XII, § 2 W. Va. Code Ann. § 18-2-1 |
Members serve nine year terms. | W. Va. Const. art. XII, § 2 | State constitution and statute | W. Va. Const. art. XII, § 2 W. Va. Code Ann. § 18-2-1 W. Va. Code Ann. § 18-2-5 |
Each county school district shall be under the supervision and control of a county board of education. Each county board has the power to: - Control and manage all of the schools and school interests for all school activities and upon all school property. - Require schools to keep records regarding funds connected with the school or school interests. - Establish schools, from preschool through high school, vocational schools, and schools and programs for post-high school instruction. |
W. Va. Code Ann. § 18-5-1 W. Va. Code Ann. § 18-5-13 |
County boards are composed of five members. Members are elected. | W. Va. Code Ann. § 18-5-1 | ||
| Tennessee | Article XI | The state of Tennessee recognizes the inherent value of education and encourages its support. The general assembly shall provide for the maintenance, support and eligibility standards of a system of free public schools. | Tenn. Const. art. XI, § 12 | N/A | N/A | N/A | N/A | N/A | The legislative authority of the state is vested in a general assembly, which shall consist of a senate and a house of representatives. The general assembly shall provide for the maintenance, support and eligibility standards of a system of free public schools. The general assembly may establish and support such postsecondary educational institutions, including public institutions of higher learning, as it determines. |
Tenn. Const. art. II, § 3 Tenn. Const. art. XI, § 12 |
The house of representatives and the senate confirm the governor's appointees to the state board of education. | Tenn. Code Ann. § 49-1-301 | House Education Committee Senate Education Committee |
House Link Senate Link |
State constitution and state statute | The supreme executive power of the state shall be vested in a governor. He shall take care that laws be faithfully executed. The governor has the authority to approve or disapprove bills passed by the legislature. The governor may reduce or disapprove the sum of money appropriated by any one or more items or parts of items in any bill appropriating money, while approving other parts of the bill. |
Tenn. Const. art. III, § 1 Tenn. Const. art. III, § 10 Tenn. Const. art. III, § 18 |
The governor appoints the commissioner of education. The governor also appoints the state board of education, subject to confirmation by the house of representatives and the senate. |
Tenn. Code Ann. § 4-3-802 Tenn. Code Ann. § 49-1-301 |
State statute | The chief executive officer of the department of education shall be the commissioner of education. The commissioner of education is responsible for the implementation of law or policies established by the general assembly or the state board of education. The commissioner shall attend all meetings of the state board of education and may speak at the meetings and make recommendations. The commissioner shall provide direction through administrative and supervisory activities designed to build and maintain an effective organization. Prepare and present to the state board of education for its approval, disapproval or amendment rules and regulations that are necessary to implement the policies, standards or guidelines of the state board or the education laws of the state. |
Tenn. Code Ann. § 4-3-802 Tenn. Code Ann. § 49-1-201 |
The commissioner is vested with such powers and required to perform such duties as provided by law. The commissioner has authority to send a supervisor or supervisors to any local school system to make investigation of public school accounts, records and files of any official handling the school funds or administering the public school system, and to enforce all school laws and regulations of the commissioner. The commissioner may approve evaluation plans prepared by LEAs. |
Tenn. Code Ann. § 49-1-201 | The commissioner of education is appointed by the governor. | Tenn. Code Ann. § 4-3-802 | Statute. | Tenn. Code Ann. § 4-3-802 | The state board of education is authorized to appoint an executive director and other staff it deems necessary. | Tenn. Code Ann. § 49-1-305 | The executive director will support the state board of education as it carries out its duties. The executive director is an ex officio, nonvoting member of the higher education commission. |
when | Statute | Tenn. Code Ann. § 49-1-305 | The state board of education has the following powers and duties: - Study programs of instruction in grades K-12. - Set policies for completion of elementary, middle, junior high and senior high schools and evaluate the progress and performance of teachers, students, and schools. - Develop and maintain a master plan for grades K-12 and make recommendations to the governor and general assembly. - Develop and adopt policies, formulas and guidelines for the fair and equitable distribution and use of public funds among public schools. - Adopt policies governing teacher and school professional licensure/certification, professional development, and evaluation. - Set graduation requirements, adopt standards, and determine textbooks and class materials. - Promulgate rules and regulations. |
Tenn. Code Ann. § 49-1-302 | The board is composed of eleven members, including one member from each congressional district, one student member and one ex officio member. Only one member may be employed as a public school teacher. The executive member of the higher education commission serves as an ex officio, non-voting member. | Tenn. Code Ann. § 49-1-301 | Members are appointed by the governor, subject to confirmation by the senate and house of representatives. | Tenn. Code Ann. § 49-1-301 | Congressional district representative members serve 5 year terms. The student member serves a one year term. | Tenn. Code Ann. § 49-1-301 | Statute | Tenn. Code Ann. § 49-1-301 Tenn. Code Ann. § 49-1-302 |
The duties of local boards of education include: - Electing, upon the recommendation of the director of schools, teachers who have attained or are eligible for tenure and fix their salaries. - Managing and controlling all public schools established or that may be established under its jurisdiction. - Purchasing all supplies, furniture, fixtures and material of every kind. - Dismissing teachers, principals, supervisors and other employees upon sufficient proof of improper conduct, inefficient service or neglect of duty. - Requiring the director of schools and the chair of the local board of education to prepare a budget on forms furnished by the commissioner, and when the budget has been approved by the local board, submitting the budget to the appropriate local legislative body. - Employing a director of schools. - Establishing minimum attendance requirements or standards as a condition for passing a course or grade. |
Tenn. Code Ann. § 49-2-203 | The board is composed of no more members than the number of members authorized by general law or private act for boards of education in existence on January 1, 1992, or the number of members actually serving on a board on January 1, 1993. The general assembly may authorize any number of school board members that is no less than three nor more than eleven. Members are elected. | Tenn. Code Ann. § 49-2-201 |