By Adam Pagnucco.
With questions continuing to swirl over MCPS’s sexual harassment scandal, in which top management promoted a principal despite knowing of an active investigation against him, the issue of accountability is squarely on the table. Who has authority over MCPS management?
State law on this matter is crystal clear. The county executive does not have line authority over MCPS management. Neither does the county council. MCPS management reports to the superintendent. And while the superintendent has some sources of authority under state law, she is accountable to the local school board.
That’s right, the buck stops with the board, which is elected by county voters.
The relative powers of the superintendent and the board are laid out in Maryland Education Code Division II, Title 4. Here are the key provisions.
The board hires the superintendent.
Boards hire superintendents on four year contracts (Md. Education Code Ann. § 4-201). They may fill vacancies with interim superintendents. They determine the salaries of superintendents which may not be cut during their contract terms (Md. Education Code Ann. § 4-202).
The board may remove the superintendent subject to appeal.
Md. Education Code Ann. § 4-201 lays out this process as follows.
(e)(1) Subject to the provisions of this subsection, the State Superintendent or a county board may remove a county superintendent for:
(i) Immorality;
(ii) Misconduct in office;
(iii) Insubordination;
(iv) Incompetency; or
(v) Willful neglect of duty.
(e)(4)
(i) A county board may remove a county superintendent under this subsection if the county board provides the county superintendent with:
- The reason for removal, chosen from one or more of the items in paragraph (1) of this subsection;
- Documentation supporting the case for removal; and
- The opportunity to request a hearing within 10 days before the county board in accordance with this subsection.
(ii) The county superintendent may appeal the decision of the county board to the State Board.
The state superintendent may also remove a county superintendent subject to appeal to the state school board.
Superintendents are advisors to boards and carry out policies set by boards. They are not supervisors of boards.
Over and over again, state law describes superintendents as advisors to boards on policies, not unilateral decision makers. And decisions by superintendents can be appealed to boards. Consider these provisions.
Md. Education Code Ann. § 4-108 (pertaining to the duties of school boards)
(3) Subject to this article and to the applicable bylaws, rules, and regulations of the State Board, [county boards] determine, with the advice of the county superintendent, the educational policies of the county school system;
Md. Education Code Ann. § 4-109 (on the establishment of public schools)
(c) With the advice of the county superintendent, the county board shall determine the geographical attendance area for each school established under this section.
Md. Education Code Ann. § 4-204 (on administration of the superintendent’s office)
(a) Acting under the rules and regulations of the county board, the county superintendent is responsible for the administration of his office.
(b) As the executive officer of the county board, the county superintendent shall see that the following are carried out:
(1) The laws relating to the schools;
(2) The applicable enacted and published bylaws of the State Board;
(3) The policies of the State Board;
(4) The rules and regulations of the county board; and
(5) The policies of the county board.
Md. Education Code Ann. § 4-205 (on the powers of the superintendent)
(c)(3) A decision of a county superintendent may be appealed to the county board if taken in writing within 30 days after the decision of the county superintendent. The decision may be further appealed to the State Board if taken in writing within 30 days after the decision of the county board.
This section gives one critical power to the superintendent:
(d) A contract made by a county board is not valid without the written approval of the county superintendent.
Let’s put this in context: school boards do not have unfettered power over superintendents. The latter have enforceable employment contracts and board efforts to oust superintendents can be appealed to the state. But school boards have substantial powers over superintendents, not just in hiring, but in overseeing how superintendents do their jobs. They can even overturn many decisions made by superintendents.
The totality of the above shows that the school board is the single most powerful decision maker in setting MCPS policy and ensuring that the superintendent implements it aside from the state government. If the ongoing investigations ultimately find that the superintendent is at fault, it’s on the board to hold her accountable.