SC education chief says he won’t report to board

COLUMBIA -- The state education board wants Superintendent Mick Zais to report monthly on federal grants available to South Carolina schools, but the elected schools chief doesn't answer to the board and won't comply, his spokesman said Tuesday.

His refusal sets up a governance question that could ultimately be decided in court.

The board will decide Thursday – its first meeting since passing the new rule – whether to accept Zais' decision or test its authority. The meeting's agenda includes getting legal advice behind closed doors. The potential showdown was first reported by The State newspaper.

The disagreement stems from Zais' steadfast refusal earlier this year to seek federal grant money, despite pleas from the board to reconsider. Last month, board members gave final approval to a rule requiring Zais to inform them of any federal or private grant exceeding $10 million for which South Carolina schools are eligible, and to justify his decision on whether or not to seek or accept the money.

Board chairwoman Gerrita Postlewait said the rule's about public disclosure.

“It was never my intent to infringe on Zais' right to make decisions,” said Postlewait, a former superintendent of Horry County schools. “What I'm interested in is public discussion about why the decision was made. … It's our federal tax dollars as well.”

But Zais' spokesman, Jay Ragley, called the rule a power grab by board members who have policy disagreements with Zais and want to make a political statement.

“For the state board to call this transparency is laughable,” Ragley said. “The state board of education doesn't operate the department of education. Them requiring work of the agency is not something they can demand. It's an operational issue.”

He reiterated that Zais made clear during his successful campaign last year that he would not seek competitive grants offered through President Barack Obama's Race to the Top program.

“He's been very transparent,” Ragley said.

At issue now is whether the board can require anything of the superintendent.

Postlewait said Zais' refusal raises an important question about the authority of the board, composed of the governor's appointee and 16 people elected by the Republican-controlled Legislature.

The board's possible actions include seeking a non-binding opinion from Attorney General Alan Wilson. The state's attorney general has never weighed in on the issue, Ragley said.

The 17-member board is chiefly responsible for adopting classroom standards, approving textbooks and overseeing teacher certification. Postlewait points to state law that says the superintendent's responsibilities include performing duties assigned by the board.

But Ragley contends that under other sections of the law, such duties must go through the regulatory process, involving public hearings and approval by the Legislature.

“The state board has the authority to develop policy through the proper process but it does not have the authority to direct the actions of the state superintendent or state Department of Education staff, independent of this process,” the agency's lawyer, Shelly Kelly, wrote in an August memo to the board.

The governor's appointee on the board, Mike Brenan, said the board's existence creates fuzzy lines of governance. Legislators have for years considered asking voters whether the superintendent should be appointed by the governor, rather than elected statewide. If that government restructuring proposal were to pass, Brenan said, the board likely wouldn't be necessary.

“The board can ask whatever they want to ask him to do, but if his determination is that he's not going to do that, then I think it should be left at that,” said Brenan, who also opposed seeking the federal money.

In May, the U.S. Education Department set aside $200 million for South Carolina and eight other finalists in the Race to the Top competition, for grants ranging from $10 million to $50 million each. The agency also announced $500 million for a third round of funding specifically for preschool programs.

But Zais immediately issued a statement that he would not seek the money, saying the state's schools need less federal intrusion to succeed, not more.

Postlewait pointed to that refusal Tuesday.

“Dr. Zais' decision, made unilaterally, was based on campaign promises that he would accept none of that money,” she said. “My question would be, on what basis is that a good public policy decision?”

Zais has also declined to participate in a federal awards program that offered no money.

The U.S. agency announced details of its new, voluntary Green Ribbon Schools recognition program in September.

But Zais said the program imposes burdensome requirements, such as using eco-friendly cleaning products, buying organic or other “environmentally preferable” food, and incorporating native wildlife into school grounds.

Being awarded as green creates “financial cost that will be borne by state and local taxpayers, not the federal government,” Zais wrote in his letter, dated Nov. 22. “A dollar spent `greening' a school is a dollar not spent in the classroom improving educational outcomes for students.”