[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR69.4]



[Page 393]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 69_SCHOOL BOARDS FOR DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT 

ELEMENTARY AND SECONDARY SCHOOLS--Table of Contents

 

Sec.  69.4  Policy.



    (a) Each DoD DDESS arrangement shall have an elected school board, 

established and operated in accordance with this part and other 

pertinent guidance.

    (b) Because members of DoD DDESS elected school boards are not 

officers or employees of the United States appointed under the 

Appointments Clause of the United States Constitution (Art. II, Sec. 2, 

Cl. 2), they may not exercise discretionary governmental authority, such 

as the taking of personnel actions or the establishment of governmental 

policies. This part clarifies the role of school boards in the 

development and oversight of fiscal, personnel, and educational 

policies, procedures, and programs for DoD DDESS arrangements, subject 

to these constitutional limitations.

    (c) The DoD DDESS chain of command for matters relating to school 

arrangements operated under 10 U.S.C. 2164 and 32 CFR part 345 shall be 

from the Director, DoD DDESS, to the Superintendent of each school 

arrangement. The Superintendent will inform the school board of all 

matters affecting the operation of the local school arrangement. Direct 

liaison among the school board, the Director, and the Superintendent is 

authorized for all matters pertaining to the local school arrangement.