How to date your next superintendent
For school boards, doing things the right way is as important as finding ‘the one’
School boards have much to consider when hiring a superintendent, just like dating partners have much to consider before saying “I do.” For school boards, it’s not just about finding the right person. It’s also about complying with the law every step of the way. Like single people, school board members find their partners through a search process. School boards must first determine if they will look in-house (almost always a bad idea for single people) or if they will look outside. If a school board has an in-house candidate it wants to hire, it does not have to advertise or even interview. However, staying in-house could lead to a claim of preferential treatment or discrimination if more than one qualified candidate works for the district. Discrimination claims arise when an unsuccessful candidate believes he/she was not selected because of race, sex, etc. To prevent that from happening, the board must articulate the legitimate reasons it made its decision. If the board looks elsewhere, it should list the position on the ASBA and Arkansas Association of Educational Administrators websites. It should consider hiring a search firm, which can recruit and vet applicants, streamline the process, and better find qualified candidates regionally and nationally. Hiring a search firm will not ensure the initial applicant pool remains confidential. In fact, never promise confidentiality. The applicants’ entire packet could be subject to disclosure under the Freedom of Information Act. Boards can create a specialized rubric with the perfect applicant in mind. This streamlines the board’s deliberation process and is highly defensible in court. The rubric must be created in open session, not in executive session, because the board is discussing the process, not a particular candidate. Interviews with candidates can be done in executive session, but only the
by Jay Bequette ASBA General Counsel board should be present. The current superintendent legally can be there, but it’s not a good look. There should be no doubt that the board is taking full responsibility for its hire. Boards should determine what is important to the district and prepare a set of questions prior to the interview that allow the applicant to speak freely. Those questions cover the applicant’s education philosophy; their experience with curriculum, construction and finance; their leadership style; and their vision for the district. Background questions should cover the applicant’s education, professional organizations, government service, and military experience. Veterans receive a preference when the board is selecting applicants to interview or to hire. For your rubric, designate a bonus score indicating preference was given to that candidate. What not to ask Just as important as the questions asked are the questions to be avoided. Don’t ask about children under age 18, the need for child care, or pregnancy because those questions disadvantage female applicants. Don’t ask about a credit record because this disadvantages women and racial minorities. Don’t ask about the lowest salary the applicant would accept for the same reason. Don’t ask about criminal convictions because members of some minority groups are arrested disproportionately. The screening process for superintendent certification probably will take care of any such concerns. Don’t ask about date of birth or when the applicant graduated because those questions could lead to age discrimination claims.
Don’t ask about their religion or where they go to church. Likewise, don’t ask if they are available to work weekends because some applicants’ religions might prohibit working on a certain day. Instead, ask if they are available 24/7 in case of deadlines or emergencies. Don’t ask if they have a disability or if they have ever filed a worker’s compensation claim. Don’t ask if they own their home or if they are a member of a union. Don’t ask if a relative works for the district because it might imply the board is giving preferential treatment to family members. Instead, ask if they have a conflict of interest. Once the decision has been made, it’s time for the district to bend a knee and propose. Another set of legal considerations accompanies that process. Unlike marriage, it’s not supposed to be a lifetime commitment. But doing the search process legally and correctly increases the chances it will be a successful, long-term one.
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