Parent and Citizen Rights Related to School Boards
As an education advocate, there are few things more frustrating than an unreceptive or even hostile school board. Tens of thousands of parents throughout California in recent years have engaged in advocacy at their local level in support of quality education, curriculum transparency, sound financial decisions, and honesty with families about student records. If school district trustees see parents as an annoyance or even a threat, it can be difficult to work together to help students.
Never forget: The California Education Code, the body of law governing education in the state, is clear that parents and citizens have the right to oversee and be involved with their child’s education.
Section 51100 says, “It is essential to our democratic form of government that parents and guardians of school age children attending public schools and other citizens participate in improving public education institutions. Specifically, involving parents and guardians of pupils in the education process is fundamental to a healthy system of public education.” The law continues to emphasize that “family and school collaborative efforts are most effective when they involve parents and guardians in a variety of roles at all grade levels, from preschool through high school.”
Section 51101 explicitly lays out the rights that parents have regarding public schools, including but not limited to:
To observe the classroom or classrooms in which their child is enrolled, and to meet with their child’s teacher and/or principal.
To examine the curriculum materials of the class or classes in which their child is enrolled.
To have access to the records of their child and to question anything in their child’s record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school.
To volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher.
To receive information about any psychological testing the school does involving their child and to deny permission to give the test.
To be notified on a timely basis if their child is absent from school without permission.
To receive the results of their child’s performance on standardized tests and statewide tests, to be informed about their child’s progress in school, and to receive information on the performance of the child’s school.
To request a particular school for their child, and to receive a response from the school district.
To have a school environment for their child that is safe and supportive of learning.
To participate as a member of a parent advisory committee, school site council, or site-based management leadership team, in accordance with any rules and regulations governing membership in these organizations.
Furthermore, the Education Code states the legislature’s intent in Section 35145.5 that “members of the public be able to place matters directly related to school district business on the agenda of school district governing board meetings. Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the governing board on any item of interest to the public, before or during the governing board’s consideration of the item, that is within the subject matter jurisdiction of the governing board.” It further says that “Governing boards shall adopt reasonable regulations to insure that this intent is carried out.”
Agendas lay out what business a school board will accomplish each meeting, so they are key to effective advocacy in any district or county. The Brown Act requires local governing agencies in California to publish agendas for regular meetings at least 72 hours in advance of the meeting, and to allow for public comment at each meeting. If you make your concerns known during public comment and the board ignores the concern, you have more recourse in overcoming any challenges.
In other words, school boards have the obligation to ensure to the best of their ability that school board meeting business reflects the concerns and priorities of their constituents and the community they serve. School boards that chronically ignore parent concerns fail to live up to the stated intent of the law.
Public comment is the primary way of taking part in a school board meeting to make your voice heard on school district issues and business. There are then ways the school board can respond to the public’s priorities.
Trustees can address issues during their time for board member comments. Beyond this, school district agendas can be made to include a discussion item about a particular topic, with the intent that board members have a productive public dialogue about it. However, just because an item becomes a discussion item does not mean it will move forward from there; it is possible that discussion items never lead to action.
The manner in agendizing issues differs depending on the district or county. In some cases, the superintendent or the board president creates the agenda and decides what goes on it. In other cases, the board can decide with a majority vote to agendize an item. Some boards allow the executive committee members to determine what is on the agenda. Others allow for items to be placed when at least two members of the board make the request. Staff plays a supportive role, but should not be making decisions without board approval.To find out how your district’s agendas are created, you can refer to the board’s policies, or reach out to a staff member for the board to ask for clarification.
If a board chooses to ignore the public, we recommend going a step further and emailing the board members. If you live in a school district where certain trustees represent certain areas, we recommend contacting your own trustee first, but there is nothing to stop you from contacting all of the trustees. Beyond this, if you are still ignored by the board, you can take to social media and engage the news media with information about the issue and why it matters. That way, come the next election, you may have success electing new board members who are responsive to the public’s concerns.
