IASB to School Boards: Contact Legal Counsel Before Implementing Any Resolution Increasing Superintendent Authority

We are aware that sample resolutions suspending policies and granting superintendents extraordinary powers during the Governor’s stay-home order are circulating among school boards. On March 23, for example, the Illinois Association of School Boards (IASB) issued such a sample resolution. In a statement, IASB Executive Director Tom Bertrand explained that the purpose of the resolution is to grant superintendents the ability to quickly respond to changing conditions that may prevent school boards from acting in a timely fashion on important decisions. A follow-up email from IASB General Counsel explained that the resolution was intended as a conversation starter between school boards and their legal counsel to address if the need for such resolutions arises. Like IASB, we recommend that clients and school districts reach out to their legal counsel before adopting any such resolution. This is especially important given the broad sweep of proposed resolutions and the potential impact on existing policies and Board governance. For more information, contact the authors of this post or any other Franczek attorney.