{"id":2384,"date":"2014-09-15T18:06:38","date_gmt":"2014-09-15T18:06:38","guid":{"rendered":"http:\/\/idahosba.wpengine.com\/convention\/?page_id=2384"},"modified":"2017-10-06T16:28:34","modified_gmt":"2017-10-06T16:28:34","slug":"the-resolution-process","status":"publish","type":"page","link":"https:\/\/www.idsba.org\/convention\/the-resolution-process","title":{"rendered":"The Resolution Process"},"content":{"rendered":"
\"\"<\/a><\/div>\n


\n<\/strong>A four-part series originally published in the SLATE magazine in June 2013, August 2013, December 2013, and March 2014.<\/em><\/p>\n

By Karen Echeverria<\/strong>
\nISBA Executive Director<\/em><\/p>\n

 <\/p>\n

Part 1:<\/strong> How Does ISBA Establish The\u00a0Legislative Platform?<\/h4>\n

During the 2014 Legislative\u00a0session, it became apparent to me\u00a0that not all of our members understand how\u00a0ISBA\u2019s legislative platform is established. I\u00a0thought I would some time\u00a0discussing that\u00a0process and how it works.<\/p>\n

Who Can Submit a Resolution?
\n<\/strong>Any school board member, a school district, or an ISBA Region can submit a resolution to the ISBA. Those resolutions are submitted to the ISBA office and staff.<\/p>\n

When Do Resolutions Need to be Submitted\u00a0and What Happens Once They are Submitted?
\n<\/strong>Resolutions need to be submitted no later than July 31 of each year. Why so early? The ISBA Bylaws require that all resolutions be forwarded to all school board members at least 30 days in advance of the Annual Business Session. The Business Session is sometime in early November. As such, the ISBA staff needs to forward all resolutions to all our school board members no later than early October. The ISBA Executive Board meets in early September and makes recommendations on the resolutions. Prior to that meeting, ISBA staff reviews the resolutions and works with local school districts to make edits or to combine them with other school district resolutions that may be similar in nature.<\/p>\n

Once the staff has the resolutions ready, they are submitted to the\u00a0Government Affairs Committee who reviews them, makes further\u00a0recommendations, and then sends them to the full Board for review \u2013 thus\u00a0the need for a submission on July 31 of each year.<\/p>\n

What Happens Once Resolutions are\u00a0Reviewed by the ISBA Executive Board?
\n<\/strong>During their fall Executive Board meeting, the Executive Board makes recommendations on all submitted resolutions. The Executive Board\u00a0may decide to make a recommendation of pass or do not pass. However,\u00a0it is important to understand that ALL resolutions are voted on by the\u00a0members of ISBA.\u00a0Once the recommendation is made, ISBA staff adds the recommendation to\u00a0each resolution. Those resolutions are then forwarded to all the members.\u00a0That is done via email to the most recent email address we have on file for\u00a0you.<\/p>\n

What Should Board Members do\u00a0Once They Receive the Resolutions?
\n<\/strong>We recommend that all boards discuss the resolutions at a\u00a0Board meeting. Why do you need to do that? The ISBA recognizes that every member of your board may not be able to make it to the Annual Business Session. As such, the Bylaws allow one member of your board to vote all the votes that are allowed for your school district.<\/p>\n

If you have the opportunity as a board to discuss the resolutions, then whoever attends the Annual Business Session will understand the wishes of their full board and can debate or vote accordingly. Then assign at least one board member to attend the Business Session and vote for their entire board.<\/p>\n

 <\/p>\n

Part 2:<\/strong> Voting on Resolutions<\/h4>\n

Who is Allowed to Vote on ISBA Resolutions?<\/strong>
\nThe ISBA bylaws allow for each school district member of ISBA to deliberate and vote\u00a0on resolutions. There is a formula in the bylaws that allows for a block of votes for each school\u00a0district. That block is based on several strata of student populations.<\/p>\n

I should note that there is a committee that is currently reviewing the bylaw as it relates to voting\u00a0and there may be a proposed amendment to that particular bylaw. Even if an amendment is\u00a0proposed, there will still be a block of votes for each school district.<\/p>\n

Does That Mean That Each Board Member is Allowed to Vote Individually?<\/strong>
\nYes and no. Each school district is given one ballot. That ballot allows for each school\u00a0district to have a block of votes. The school district can choose to vote their entire block as a\u00a0no vote, a yes vote, or split the vote. So, if the individuals on any particular board are not in\u00a0agreement with their votes, they can split the votes on their ballot.<\/p>\n

When Does Debate and Voting Occur?
\n<\/strong>Debate and voting occurs during the Business Session at the Annual Convention.<\/p>\n

Does the School District Need to Be Present to Debate and\/or Vote?
\n<\/strong>Yes. At least one board member from the district needs to be present, in person, in\u00a0order for the school district to cast a ballot. One board member can vote the entire block for the\u00a0entire board.\u00a0Any and all board members can debate any given resolution. Each person who wishes to debate\u00a0is allowed three minutes to express their opinion. That same person can speak a second time\u00a0after all other members who wish to speak have been given that opportunity. Each resolution can only be debated for thirty minutes total.<\/p>\n

Can Anyone Besides a Board\u00a0Member Debate For or Against a Resolution?
\n<\/strong>Yes. However, a board member\u00a0must first come to the microphone and ask\u00a0that their time be yielded to another person.\u00a0For instance, a board member may ask that\u00a0they yield their time to their superintendent.\u00a0It is important to remember that if the\u00a0superintendent speaks on behalf of a board\u00a0member that the board member would then\u00a0not be allowed another three minutes for\u00a0themselves \u2013 they have also yielded their\u00a0own time.<\/p>\n

Can a Board Vote by Proxy?
\n<\/strong>No. There is no provision in the\u00a0ISBA bylaws that will allow for a proxy vote. I\u00a0presume the reason for that is because much\u00a0debate and deliberation occurs on the floor\u00a0of the Business Session. If board members\u00a0are present during the Business Session to\u00a0hear the debate and discussion, they may\u00a0change their votes based on that discussion.\u00a0Therefore, in order for a board to have a\u00a0voice in the resolution process, at least one\u00a0member from that board needs to be present\u00a0at the Business Meeting to case the votes for\u00a0the entire board.<\/p>\n

Should the Entire\u00a0Board Review the Resolutions\u00a0Prior to the Business Session?
\n<\/strong>Yes. If the entire board is unable\u00a0to attend the convention, it is important for\u00a0the board to discuss the resolutions prior to\u00a0the Business Session. During that discussion, the entire board can direct those members who will be attending the Business Session how they wish them to cast the votes on their ballot. Without a discussion by the entire board, the members in attendance will simply vote as they wish which may not necessarily be how other members of their local board may feel.<\/p>\n

When Are the Voting Results Tabulated and Reported to the Membership?
\n<\/strong>Tabulations and voting occur during the Business Session. ISBA staff tabulates the votes as soon as debate ends for each resolution. Most results are available to those in attendance before the Business Session is over. The last one or two resolution results that may not have been completed at the conclusion of the Business Session are announced at the next General Session.<\/p>\n

For those board members who were unable to\u00a0attend the Business Session, ISBA staff sends\u00a0a formal email sometime after the Annual\u00a0Convention that identifies the outcome of all\u00a0resolutions.<\/p>\n

What Happens With the\u00a0Resolutions Once They Pass or Fail?
\n<\/strong>If a resolution fails, it does not move any further. The school district or region who originally submitted the resolution may choose to resubmit it the following year or they may drop the idea altogether.<\/p>\n

If a resolution passes, it will be in effect for\u00a0two years. Some legislation will require ISBA\u00a0staff to work with another state agency, some\u00a0will require rulemaking, and some will require\u00a0legislation. The ISBA staff will work with the\u00a0school district and the ISBA attorneys to craft\u00a0rules or legislation that outlines the elements\u00a0contained in the resolution or to work with\u00a0the other agency. Those resolutions that were passed will then become ISBA\u2019s legislative\u00a0platform for the next two years or until they are passed.<\/p>\n

 <\/p>\n

Part 3:<\/strong> How Resolutions Become Legislation<\/h4>\n

What Happens As Soon As the Business Session is Over?<\/strong>
\nISBA staff begins working on the passed resolutions. We\u00a0determine what action, if any, is required. Some resolutions will require\u00a0that we write legislation, some will require that we support legislation,\u00a0and some will require that we oppose legislation.<\/p>\n

How Do We Determine if We Need to Craft Legislation?
\n<\/strong>The outcome of each resolution requires a different\u00a0action from ISBA staff. Some resolutions only require ISBA to oppose\u00a0legislation. An example is a resolution stating ISBA will oppose any\u00a0legislation which will allow for any further tax cuts that could impact\u00a0the finances of the school district. In this case, ISBA would oppose any\u00a0such legislation that may be brought forward, but we would not craft\u00a0any legislation.<\/p>\n

Some resolutions require support from ISBA, but do not require us\u00a0to craft legislation. An example would be a resolution which states\u00a0that ISBA would support increased funding to local school districts.\u00a0All funding legislation is crafted by the Joint Finance Appropriations\u00a0Committee (JFAC). JFAC debates and votes on the funding legislation.\u00a0There is no opportunity for outside entities to craft this kind of\u00a0legislation. Instead, we would work with members of JFAC to help them\u00a0understand the importance of increased funding and to assure that\u00a0some level of that is added to the funding legislation. Again, we would\u00a0not write the legislation, but work with those who do. This would be\u00a0supporting the resolution the membership passed.<\/p>\n

I have also seen resolutions that require ISBA staff to work with another State agency, but did not require legislation. For instance, we currently have a resolution dealing with the sick leave payout for employees in districts on four day work weeks. We are working with the Public Employees Retirement System of Idaho (PERSI) to see if we can find a solution. This may or may not eventually require legislation, but, at this point, it does not. We hope we can resolve it through the rulemaking process with PERSI.<\/p>\n

Most remaining resolutions require that we craft legislation to support\u00a0the intent of the resolution. That process is a little more complex and\u00a0time consuming.<\/p>\n

What is the First Step in Writing Legislation?
\n<\/strong>In almost all cases, we ask our attorneys to craft the actual\u00a0legislation. We do this because they understand the ramifications of\u00a0certain wording in the law. We discuss with them the debate we heard\u00a0on the floor of the Business Session \u2013 both pro and con \u2013 so they\u00a0understand the intent and concerns that were expressed.<\/p>\n

Our attorneys begin crafting the language of the legislation. They oftentimes work with the attorneys at Legislative Services as well as the State Department of Education. In doing so, we strive for legislation that is legally defensible and still meets the intent of the resolution.<\/p>\n

We discuss and revise the legislation until we have a product that\u00a0passes the scrutiny of our attorneys and still meets the intent of the\u00a0resolution.<\/p>\n

What is a Sponsor and where do you find one?
\n<\/strong>Our next step is to find a sponsor for the legislation. In order\u00a0for us to have the legislation printed, we need to have a legislative\u00a0sponsor. Only a Legislator can bring legislation forward. No other\u00a0organization can do that. So, in order to have our legislation printed, we\u00a0need to secure a legislative sponsor.<\/p>\n

We try to secure a legislative sponsor prior to the beginning of the year\u00a0or, at the very least, prior to the beginning of the legislative session.\u00a0We ask the submitting school district(s) to help us find both a Senator\u00a0and Representative that would be willing to sponsor the legislation. We\u00a0ask for both a Senator and a Representative because the legislation\u00a0will need to be heard in both chambers. We ask the submitting school\u00a0district(s) to contact their local legislators because they are more likely\u00a0to sponsor legislation that comes from their local school districts and\u00a0addresses issues impacting their legislative districts.<\/p>\n

Getting the Legislation Printed
\n<\/strong>Once we obtain sponsors\u00a0for the legislation, we take it to the legislative bill drafters in the\u00a0Legislative Services Office. They take the legislation we have drafted\u00a0and put it into \u201cbill\u201d form. A \u201cbill\u201d is just the formal term for the actual\u00a0legislation. The bill contains a Statement of Purpose and a Fiscal\u00a0Note, both of which we also craft. The bill is given an RS (routing slip)\u00a0number and returned to the sponsor. Even though ISBA staff took the\u00a0legislation to the bill drafter, they cannot return it to us. It can only be\u00a0returned to the sponsor.<\/p>\n

Once it is returned to the sponsor, we work with the sponsor and the\u00a0Chair of either the House or Senate Education Committee (Committee)\u00a0to schedule the RS for a print hearing.<\/p>\n

Presenting the Bill, Debate, and Vote
\n<\/strong>Once the bill is printed, it comes back before the same Committee that agreed to print the bill. This is when ISBA staff \u201cpresents\u201d the bill. Essentially, we\u00a0go through the bill section by section and explain to members of the Committee what is contained in the bill. At the same time, we discuss the need for the bill and what the bill will do should it be passed. We also include information about ISBA, who we represent, and explain that the legislation is an outcome of the \u00a0resolution that was passed by the membership. The Committee will ask questions of the staff person presenting the bill. In addition, this is the time that anyone else can sign up to testify on the bill, either in favor of or in opposition to the bill. After all testimony has been taken, ISBA staff then has the opportunity to make closing remarks. When I testify I always try to address the concerns, if any, that were raised in opposition to the bill or to answer any questions that came during the other testimony. Finally, I always ask for their positive vote. Many people forget that part of testimony \u2013 you always have to ask for their support.<\/p>\n

Once we are done with our closing comments, the Committee will\u00a0debate among themselves. Motions are made, and then they vote on\u00a0the bill. If it passes out of the Committee, it will go to the floor of the\u00a0House or Senate for consideration and, if passed in that chamber, the\u00a0same process will be followed in the opposite chamber.<\/p>\n

One Last Hurdle
\n<\/strong>If the bill passes both chambers, there is one\u00a0last hurdle. The Governor needs to sign the bill. Of course the Governor\u00a0can also always veto the bill instead. Alternately, the Governor can let\u00a0the bill become law without his signature.\u00a0If the Governor signs the bill or allows the bill to become law without his\u00a0signature, the next phase is implementation.<\/p>\n

 <\/p>\n

Part 4:<\/strong> What Happens When We Are Successful and a Resolution Becomes Law?<\/h4>\n

Once a resolution is passed, the goal is to work to turn that resolution into reality. Each year, ISBA staff and lobbyists are successful in getting laws passed that relate to resolutions passed by the ISBA membership. Those new laws assist school districts with the issues that were outlined in the original resolutions. Once passed, it is likely that school districts and charter schools will then need to take some action at the local level. While the work at the Legislature is over, the work at the school district level is just beginning.<\/p>\n

When Does the Law Go Into Effect?<\/strong>
\nMost new laws go into effect on July 1 of the year they were passed. That gives school districts time from when the law was passed until July 1 to do the work at the school district level to be ready to implement the elements of the new law.<\/p>\n

However, there are times when laws go into effect immediately or retroactively. When that occurs, it is because there is some sort of emergency that requires it or because making the law effective in the current fiscal year is in the best interest of the State or those involved. Emergency clauses make it more difficult for school districts because they need to make changes at the school district level immediately. There is no time to plan or get prepared.<\/p>\n

How Do Districts Learn About What Has Changed?<\/strong>
\nThere are several ways that board members can stay informed.<\/p>\n

During the legislative session, I write an update every week of what is happening during the legislative session. Those updates can be found in the Capitol Notes posted to our website and sent to members of ISBA\u00a0via email on Monday morning in the ISBA Voice. If you read those on a regular basis you will know what has passed and what has not passed. The last issue of Capitol Notes contains a synopsis of all legislation and whether or not it passed.<\/p>\n

The State Department of Education (SDE) does a \u201cPost Legislative Tour\u201d in the spring every year. Staff from the SDE travel around the State to specific locations where they discuss every piece of legislation that passed and the impact on local school districts. If at all possible, I recommend that you attend the one in your area. If you cannot attend, it is important that someone from your school district attend \u2013 your superintendent, business manager, board clerk, administrators, and\/or another board member.<\/p>\n

Will the New Law Cause Changes at the District Level?<\/strong>
\nYes, depending on the nature of the legislative change, it will undoubtedly mean changes at the district level. Those changes come in many forms. It could be something as simple as a change in funding or something as complicated as how you do your superintendent\u2019s evaluation, allow for dual credit courses, or how to deal with negotiations.<\/p>\n

The new laws could also direct the SDE to craft administrative rules. If that is the case, it could be a few more months before you need to implement changes.<\/p>\n

If your district is a member of ISBA\u2019s Policy Service, we will craft new model policies to help your district comply with the new laws. We encourage you to review and adopt the policies as soon as possible so your district can move forward with the new laws and to be in compliance.<\/p>\n

Where Can You Go for Help to Make Sure You are in Compliance?
\n<\/strong>Once again there are several answers to that.<\/p>\n

    \n
  1. We would first recommend that you put an item on your agenda to review all the laws that have passed and what impact they will have on your district. Your superintendent should be familiar with most of the changes and can be of assistance during this meeting. That discussion should occur at your April, May, or June meeting. The sooner the better to allow you to make the changes needed to implement the new laws.<\/li>\n
  2. You can contact our office. If you aren\u2019t sure about whether or not a law passed or if you are doing what is intended by the new law, it is incumbent upon you to start asking questions. Because ISBA likely wrote the legislation, or we assisted in the law\u2019s passage, we are always very familiar with how they need to be implemented and we are glad to assist.<\/li>\n
  3. You can contact the SDE. The SDE is also very familiar with any legislation that passed. It is their responsibility to monitor school districts to ensure they are in compliance with all statutory changes and are available to assist you if you have questions or concerns.<\/li>\n<\/ol>\n

    Ultimately, it is up to you, your superintendent, business manager, board clerk, and administrators to stay informed. You can do that by following the steps outlined above:<\/p>\n

      \n
    1. Read the Capitol Notes every week. It is especially important that you read the last issue.<\/li>\n
    2. Attend an SDE sponsored Post Legislative Tour meeting that is held in your area.<\/li>\n
    3. Implement any policies that you receive in a timely manner.<\/li>\n
    4. Discuss all the new law changes at a Board meeting with your Superintendent.<\/li>\n
    5. Call the SDE and\/or the ISBA if you have any questions about the implementation of the law.<\/li>\n<\/ol>\n

      I hope this series has been helpful to you as a board member and that it helped to clarify the resolution to legislation process. Because ISBA has been so successful with our initiatives, it is important for school board members to \u00a0understand that the resolution process is one of the most important parts of the ISBA Annual Convention.<\/p>\n","protected":false},"excerpt":{"rendered":"

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