EDUCATION - BOARDS OF;

OLR Research Report


February 3, 2003

 

2003-R-0101

(Revised)

SCHOOL BOARD AUTHORITY AND APPOINTMENT

By: Jennifer Gelb, Research Attorney

You asked if a school board located wholly within a single municipality has its own taxing authority. You also wanted to know if the state statutes allow for the appointment of school board members by the chief executive or legislative body, as opposed to election by voters.

Boards of education are not fiscally autonomous and have no taxing authority. They are agents of the state, charged with maintaining good public schools and implementing the state’s educational interests (CGS § 10-220). The statutes identify towns as school districts, which are different from boards of education (CGS § 10-240). School districts can levy taxes because towns can levy taxes (CGS 10-241).

Board of education members must be elected unless a special act or town charter provides otherwise (CGS § 9-185). If a town’s charter so allows, the town may appoint its school board members. According to 2000 data provided by the Connecticut Association of Boards of Education, two municipalities, Bristol and New Haven, have appointed boards of education. A third, Hartford, currently has a hybrid board, with four elected and three appointed members (SA 01-7).

JG: ro