State officials step up enforcement of mandatory training requirements
On Board Online • August 31, 2009
By The New York Association of School Attorneys
Since 2005, state law has required newly-elected school board members to take six hours of training on fiscal oversight, accountability and fiduciary responsibilities. If a board member fails to fulfill this duty within one year of taking office, as the law requires, what are the consequences?
Board members who neglected to take the required training have found that one consequence can be pointed correspondence from state officials or even legal action by the commissioner of education, who is empowered to remove school board members under certain circumstances.
Auditors from the Office of the State Comptroller routinely check whether board members in districts selected for audits have taken required training and include this information in their audit reports. These audit findings are reviewed by the state Board of Regents at their monthly meetings, and concerns expressed by the Regents have resulted in a stepped-up effort at the State Education Department (SED) to enforce the law.
SED enforcement has taken different forms. In one instance, for example, the SED’s Office of Counsel reached out to a school district’s attorney, and this was sufficient to obtain compliance. In another, the commissioner initiated a procedure under Education Law section 306 to remove a board member who had not taken the training and had ignored several requests by the board president and the school district attorney to do so.
In the latter case, the commissioner summoned the board member to a hearing by issuing a document called an Order to Show Cause. The document cited the commissioner’s authority under the Education Law to remove a board member from office for willful violation or neglect of duty or the willful disobedience of a law or decision, order or regulation. The commissioner alleged that the board member’s repeated failures to take – or even register for – training amounted to a willful neglect of duty, especially when both the board president and school attorney had demanded he obtain the training. A hearing was scheduled, but the board member in question resigned from the board just before it was to take place.
Had the individual not resigned, would the commissioner have removed him? While any answer would be speculative, the commissioner has expressed his willingness to support a school board’s decision to remove a board member for failure to comply with training requirements as long as the removal proceeding is done in accordance with proper procedure (see related story, left). And the Regents’ increased scrutiny of audits over the past year or more suggests that boards can expect enforcement to continue. In fact, the Regents have publicly pledged to focus on board member training.
Receiving state-required training in a timely manner will not only insulate a board member from unwanted attention from the commissioner, but it can also protect boards and their members from various pitfalls that are covered in the training. For example, audits in a number of school districts have revealed improper procurement practices, including failure to competitively bid contracts under the General Municipal Law. Another criticism that surfaces frequently in audits is the failure to have sufficient internal controls in place. The law expects districts to have a system of checks and balances to ensure financial integrity and sound fiscal practice.
Once board members receive the proper training, they can avoid mistakes and errors in judgment that can prove costly to the district, both in terms of dollars and negative publicity that undermines credibility with the taxpayers. And they can better fulfill their fiduciary obligations to the district and the community they serve.
To satisfy the law, training must be taken from a provider whose curriculum has been approved by the commissioner. NYSSBA is one such provider. A complete list of approved providers and other information on training can be found at SED’s website at: www.emsc.nysed.gov/mgtserv/school_board_training/providers.html
Members of the New York State Association of School Attorneys represent school boards and school districts. This article was written by Kathy A. Ahearn, a partner in the law firm of Guercio & Guercio, LLP. Ahearn was formerly counsel and deputy commissioner for legal affairs for the State Education Department.



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