You asked if any state prohibits an individual that is a teacher and education union member in one district from serving on a different district’s board of education.

In most states there are conflict of interest laws or district policies governing the conduct of school board members. However, it appears as if no state prohibits teachers’ union members serving one district from serving on a board of education in another district.

Generally teachers, including those in Connecticut, do not have a right to serve as a member of a school board or similar body, which governs the school district employing the teacher (CGS § 10-232). Courts ruling on this issue have held that the conflict of interest created in this situation is not one that can be avoided by having the teacher recuse herself on some issues. However, a computer search of Westlaw’s state law database reveals that no state specifically prevents individuals from serving on boards of education based on their membership in a union that serves a different district.

School conflict of interest issues are addressed in state law or board policy. For example, Connecticut’s conflict of interest statute allows municipalities, including school districts, to prohibit board members from accepting gifts and benefiting from contracts with the district. Although the Connecticut Association of Boards of Education does not track conflict of interest policies, a cursory internet search reveals that boards have adopted such policies.

In Greenwich, for instance, a personnel policy prevents staff members from carrying on assignments, business, or undertakings, which may affect the time commitment or quality of their work or discredit the school system. Other board policies prohibit nepotism and contractual dealings between the district and the board member in her private capacity and require general ethical conduct.

Other states address these issues directly in their education statutes. For example, New Jersey has a very comprehensive School Ethics Act with policies similar to those discussed above (N. J. S. A. § 18A: 12-1 et seq. ).

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