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David
Blount, Editor
Evidence of state and local direction on public participation
in formulating education policy is readily found in Virginia,
and has been increasing in recent years as well. One of the
most significant legislative changes made during the 1990s
to give greater public say in local education governance and
policy, was General Assembly approval in 1992 of legislation
authorizing the direct election of school board members in
Virginia. At the time, Virginia was the only state to have
solely appointed school board members. The law requires submission
of petition signatures (10% of registered voters casting ballots
in the last election) in order to place a referendum on the
ballot. Since passage of the 1992 law, 105 of the 134 school
boards in Virginia have become elected by the voters following
approval of the referendum authorizing the switch from appointed
to elected school boards (referenda have been defeated in
only three localities). Several school boards give students
a voice in education policy, as the General Assembly in 1999
approved HB
1837, which allows local school boards to appoint student
representatives to the school board to serve in a nonvoting,
advisory capacity.
Two other major legislative actions were designed to promote
public involvement in the both the state and local policy-making
processes. In 1994, the General Assembly enacted revised lobbying
regulations, the Lobbying Disclosure and Regulation Act, through
the passage of HB
1052 and SB
498. While the primary effect of the revisions was to
identify those who attempt to influence executive and legislative
actions and to document their expenditures, the law also was
built on the premise that “the operation of open and
responsible government requires the fullest opportunity to
be afforded to the people to petition their government for
the redress of grievances and to express freely their opinions
on legislative and executive actions.” Then, in 1999,
HB
1985 and SB
1023 made significant changes to the Virginia Freedom
of Information Act (FOIA). Much of the thrust behind the changes
was to ensure that more public business was conducted “in
public.” Among other things, the revisions require public
officials to read and familiarize themselves with the Act,
require notice of public body meetings to be posted in a prominent
public location and in the office of the clerk or chief administrator
of the public body, and narrow closed meeting exemptions.
Some long-standing public participation requirements have
come into play in recent years, most notably public hearing
and comment opportunities during revisions the Standards of
Learning (1995) and Standards of Accreditation (1997 and 2000).
The General Assembly also has expanded opportunities for public
involvement in the 1990s by requiring public hearings and
public comment on proposed state and local policy actions.
School boards are now required to hold public hearings prior
to consolidating schools; transferring administration of instructional
and non-instructional services to a private entity; redrawing
school boundaries (large school divisions); disposing of surplus
school property; adopting the division-wide six-year plan
and deciding whether to accept charter school applications.
Further the Board of Education has been required to hold hearings
on guidelines for reciting the Pledge of Allegiance in schools
and for religious expression in schools, and to solicit public
comment before revising or adopting Standards of Learning
(SOL) resource guides and recommended textbook lists in SOL
subjects. Legislative actions now require local school boards
to establish advisory committees on school health and gifted
education, and with the goal of informing school patrons,
to provide information to parents about school division expenditures,
class sizes, the compulsory attendance law and the student
code of conduct.
As Virginia’s education reform movement continues
to evolve, the public will have additional opportunities for
input concerning coming revisions to the SOL and possible
changes to the state’s testing program. Also, with
the creation in 2000 of a Freedom of Information Act Advisory
Council to provide training and advisory opinions on the Act,
the open meetings and records law could continue to be a potential
legislative target.
1994 – HB 322 (publish notice of school board hearing),
HB 744 (per pupil cost report), HB 1052, HB 1274 (hearing
on prayer/religious expression guidelines), SB 107 (public
hearing on school redistricting), SB 498
1995 – HB 1710 (public hearing on school property
disposition)
1996 – HB 379 and SB 89 (compulsory attendance notification),
HB 433 and HB 1118 (hearing on Pledge of Allegiance guidelines),
HB 434 (public hearing/transfer of instructional services),
HB 1199 (code of conduct notice)
1997 – HB 2123 (public hearing/transfer on non-instructional
services)
1998 – HB 184 (class size reporting), HB 1289 (gifted
advisory committee), HB 543/SB 318 (charter school hearing)
1999 – HB 1837, HB 1985, SB 1023
2001 – HB 2777 (public comment on resource guides
and textbooks)
South Carolina approved legislation in 2000 designed to increase
parent involvement by encouraging parent-friendly school settings.
Schools are required to include parent involvement goals in
their long-range improvement plans.
Southern Regional
Education Board
Click here for a policy issue briefing on “Public
Participation in Education Policy: Changing Roles.”
Click cepi@vcu.edu to provide
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