AESD Member Handbook

Governing an ESD is an exciting and rewarding responsibility. As an ESD board member you have the chance to set the direction of your ESD and to determine the goals, or results that will be the focus of current and future ESD activities. In general, the board’s work centers in three major areas: 1) Policy approval, which clearly codifies the expectations for administrative procedures, 2) Fiscal accountability, including developing budget parameters, development timelines and adoption of the budget, and 3) Evaluation of the superintendent.

Typically, the board, superintendent and senior staff work in partnership to build a strategic vision for the ESD. The board works with their administrative team to determine the goals (ends) of the ESD, which helps to focus the organization’s long-term outcomes. The role of administration is to select strategies, or pathways (means) to achieve the board’s adopted goals. The easily expressed, but difficult to fully understand summary of these roles is ‘boards make policy and administration carries it out.’

This dynamic interplay between the board’s role (goals) and administration’s role (strategies) is the heart of the creative tension within organizational governance. The following questions may help clarify the roles of the board as compared to the roles of administration.

1. Is the topic a big deal? The bigger the impact of the decision, the more the board should have a central role in the discussion and decision-making. Deciding to expand services into a specific area is likely a board decision. How to build new services and planning how to expand offerings is the role of administration.
2. Is the area of exploration future-focused? The board should be continually exploring what the organization will look like in 3-5 years. The board’s finger-prints should be on the long-term plans of the organization. Administration should develop strategies and partner with the board to ensure they are informed about the means of moving toward the vision of the board.
3. Is this issue central to the mission of the ESD? The board serves as the guardian of the ESD’s mission. The mission of the ESD and financial realities may occasionally come in conflict. The role of administration is to bring recommendations and thoughtful analysis to the board. The Board examines fiscal realities in light of the long-term mission of the ESD.
4. Is policy needed to resolve the question at hand? The board establishes policy, which clarifies principles, guidelines and general practices. Management establishes procedures and practices to consistently implement the board’s policy framework.
5. Is somebody else watching? The board should ensure the ESD has thoughtfully considered how to comply with expectations of various accountability groups (Legislature, IRS, DoH, Attorney General, etc.).
6. Does the superintendent want and need your help? If the superintendent requests advice or support, the board should respond. When the superintendent is headed into difficult territory, they should ensure the board is informed, and if they need consistent support, the board should determine their plans for moving forward and stand firm.

Be sure to spend time becoming familiar with the board’s adopted policies. Especially those policies that speak to the board and superintendent roles. As part of your orientation, explore the strategic plan of the ESD with administration and talk with other board members about the history of the plan, the long-range focus of the ESD’s goals, and what role the board plays in reflection and review of outcomes.

Board Chair

The board chair presides over all meetings of the board and fills all duties and described by board policy. The orderly conduct of meetings is primarily the responsibility of the chair, with feedback from other board members regarding the balance of various voices and audiences during meetings. The board chair appoints other board members to serve on committees or fill other board roles as necessary. The superintendent and board chair work together to plan board meeting agendas. The board chair and superintendent reflect on the quality and effectiveness of communication between board and administration and adjust the frequency and content as needed.

Legislative Liaison

The legislative liaison shares regular updates with their fellow board members regarding federal and state education-related legislation. As appropriate, the legislative liaison will encourage board colleagues to contact legislators on important issues related to the needs of the ESD.

AESD Representative

The AESD representative serves as the voice of their local ESD board on the AESD Executive Board and keeps their local board informed of topics under consideration by the AESD. The AESD representative gathers feedback from their board regarding policies or topics under consideration by the AESD Executive Board and votes on issues as directed by their fellow board members.

One of the primary responsibilities of the board is to evaluate their superintendent. Each ESD has adopted policies regarding the timeline and criteria for superintendent evaluations. A quality evaluation is fair, legally defensible, and supportive of the continuous growth and development of the superintendent. Take time to meet with the superintendent to talk about the evaluation process and timelines. Explore with them and the board chair how your perspective is included in the evaluation process and what role you play in determining feedback provided to the superintendent.

Typically, the superintendent keeps the board informed of the timeline, relevant policies and contractual expectations of the evaluation process. During the annual review cycle the superintendent may provide the board with a written reflection of their goals for the year, their role in supporting the board and ESD missions and any evidence that may help the board determine areas of commendation or growth. Board members often provide formal or informal feedback to the chair, who will prepare a draft evaluation for board consideration. The performance review is generally held in an executive session and may be followed by board action in a public meeting.

Unlike local school board members, you are not elected by the public. ESD boards are elected by school board members within their region. While you must reside in a particular director district to be eligible to serve your ESD, you represent the values, views, and desires for ESD service for the ESD as a whole.

Remaining connected and aware of the constituents you represent can be a significant challenge. You may wish to attend local school board meetings to hear what challenges they are exploring. Regional meetings of the Washington School Directors’ Association (WSSDA) are also great opportunities to interact with and learn about local school board issues. Attending regional superintendent meetings can help you connect with district priorities.

Finally, encouraging the attendance of district leaders and school board members at your board meetings can help you prioritize their needs. Explore with your ESD leaders how you can connect with school boards and educational leaders across your region and what role is expected of you in the framing of your ESD focus and potential new, or expanded services.

Effective and ongoing communication is a critical element in establishing trust, establishing common vision, and building a strong sense of shared responsibility. Research conducted by National School Public Relations Association (NSPRA) leaders as well as other education researchers clearly demonstrates how accountability, transparency, and involvement are fostered by strong communication between members of an educational community. As a new board member you should share your preferred means of communication and regularly connect with your board chair and superintendent your feedback regarding your communication needs.

As part of your role as an ESD board member you should consider developing strategies for establishing and maintaining meaningful, direct, and two-way communication with your constituents. As a board you may wish to share strategies that have helped members remain connected with their region’s educational leaders and practices that help share the message of the board with various audiences.

Good communication doesn’t just happen. It takes thought, planning, and skill to implement strategies and processes that inform and engage your constituents. Discuss with your board and administration the role of a strategic communications plan in helping to share your stories and understand the needs of your communities. The ESD’s communication plan is intended to dramatically increase the efficiency and effectiveness of your ESD’s communication efforts. As a board member it is helpful to know how ESD programs, publications, and activities support the board’s goals.

As a newly elected ESD board member you are responsible to maintain a high level of professional behaviors that are regulated by state law and professional practices. This professional behavior falls within four broad categories. They include: Open Public Meetings, Executive Sessions during meetings, Public Records Requests, and Conflicts of Interest. By keeping these areas in mind, your ESD board will assure transparency and keep the process open and accountable.

Overview

The Washington Open Public Meetings Act (OPMA), can be found in chapter 42.30 RCW. The OPMA requires that all meetings of ESDs (as a governing body) be open to the public. The Open Public Meetings Act was passed to assure that governmental affairs are accessible and responsive to the public. The OPMA and the Public Records Act (see below) are two tools that allow the citizens of Washington State to be informed on the workings of government. ESD boards fall under the requirements of OPMA.

Knowing and understanding the requirements of OPMA is an important part of your role as an ESD board member. Within RCW 42.30 you will find specific provisions regarding regular and special meetings, executive sessions, the types of notice that must be given for meetings, the conduct of meetings, and penalties and remedies for violations.

ESD board members do not need to be in physical presence to come under the requirements of OPMA. An email exchange or video conference such as Zoom meeting among a quorum of the ESD board in which “action” takes place is a meeting under the OPMA. This is a potential area for an OPMA violation and ESD boards are advised to keep this in mind.

The OPMA does allow a quorum ESD board members to be present at another organization’s meeting, or to gather together as long as the ESD board doesn’t take action. It also allows a quorum of ESD board members to travel to a function or meet in a social environment, again as long as no action is taken.

Finally, RCW 42.30 205 requires that new ESD board members must receive training on the OMPA within 90 days of being sworn in. It also requires that board members receive updated training at intervals of no more than four years.

What Is a “Meeting”?

A “meeting” under the OPMA occurs when a quorum of the ESD gathers with the collective intent of transacting the governing ESD’s business. A meeting under the OPMA is either a “regular” meeting or a “special” meeting. A meeting designated as a “retreat,” “study session,” or “workshop” is, for OPMA purposes, either a regular or a special meeting, depending on how it is held.

In order for any board actions to be valid, they must be approved at meetings conducted in compliance with the OPMA. Under the OPMA, public agencies must give notice of regular and special meetings. Reminder: As mentioned earlier, meetings do not have to be in person to be subject to the OPMA. Meetings can occur by telephone, email, or other electronic media.

Penalties for Noncompliance

Any action taken at a meeting held in violation of the OPMA is null and void. Any member of a governing body who attends a meeting knowing that it violates the OPMA is subject to a potential personal liability of $500 for the first violation and $1,000 for a subsequent one. Any person who prevails against the ESD in any action through court proceedings for a violation of the OPMA will be awarded all costs, including attorney fees.

As a new ESD board member you are required to complete OPMA training within 90 days of taking the oath of office or assuming board member duties. A refresher on OPMA is also required every four years.

Although not defined in the Open Public Meetings Act (OPMA), an Executive Session is understood to mean the part of a regular or special meeting of an ESD board that is closed to the public.

The ESD board is allowed to go into executive sessions only for the reasons listed in RCW 42.30.110. Some of the most common reasons for doing so are to discuss:

• the purchase or sale of land
• claims (or potential claims) against the ESD for property or other damage
• the qualifications of a potential appointee to fill an elected or appointed position
• complaints or charges against a public official or employee
• evaluating the performance of a public official or employee

No action can be taken during an executive session. Because the ESD board cannot make a collective decision in an executive session, board members may choose to discuss their concerns individually and allow the executive and staff to use that discussion as guidance. Final action must be taken at an open session.

Attendance at an executive session can include more than the board members and/or superintendent. Anyone other than the board may attend the executive session at the invitation of the board, typically through the board chair. Everyone invited to join the executive session should have some connection to the issue being addressed in the executive session, or they should be in attendance to provide assistance to the ESD board.

If the stated purpose for the executive session is to discuss litigation or potential litigation with the ESD’s attorney, the presence of individuals at the session who are not board members or agency staff may cause the ESD to waive the attorney-client confidentiality privilege.

Overview of Executive Session Procedures

1. Board Chair announces the purpose of the executive session. Cite the purpose to the specific subsection of RCW 42.30.110 and briefly describe the reason. It is not necessary to identify specific individuals or case names or numbers (for litigation).
2. Board Chair announces the time they will return to open session. Because the statute specifically says, “announce the time” and not “announce the duration,” instead of saying “we’ll be in executive session for 30 minutes” say “we’ll be in executive session until 7:00 pm.”)
3. Extending the executive session. If the executive session runs long, the board chair must come back to the location of the regular meeting and announce the new time the open session will reconvene.
4. Do not return to open session before the announced time. Some members of the public may have stepped out and not returned until the announced time. Even if you are not taking any action after the executive session, you still need to reconvene in open session to adjourn the meeting at the stated time.
5. If discussing litigation or potential litigation, make sure your attorney is present.
6. Remind participants that discussions are confidential. Disclosure of confidential information from an executive session by a board member violates RCW 42.23.070(4). The statute prohibits both the disclosure of confidential information and its use for personal gain or benefit.

The Public Records Act (PRA) requires that all public records maintained by state and local agencies be made available to all members of the public, with very narrow statutory exemptions.

Chapter 42.56 RCW provides the statutory framework for disclosure of public records and the Washington State Attorney General’s ”Model Rules on Public Disclosure” (chapter 44-14 WAC) provide practical, non-binding, advisory guidance on many issues that may not be clear in the language of the PRA itself.

ESDs are required by chapter 40.14 RCW to retain records for different lengths of time depending on the content, function and purpose of the record. The records retention schedules, approved by the state and local records committees and published by the Office of the Secretary of State – Washington State Archives, establish the time frames for records retention, archiving and destruction. Individual agencies do have the option of requesting the state or local records committee approve an agency-specific records retention schedule.

What Records Are Public?

The Public Records Act (PRA) along with the Open Public Meetings exist to assure the citizens of the State have access to the workings of government. A public record is defined in RCW 42.56.010(3) as any writing that is prepared, owned, used, or retained by any state or local government agency, and which contains information that relates to the conduct of government, or the performance of any governmental or proprietary function. The term “writing” is broadly defined in the PRA, public records are defined as any recording of any communication, image or sound. It includes not only conventional documents, but also videos, photos, and electronic records including emails and computer data. Records under PRA may also include voicemails, webpages and social media content, emails, text messages and tweets.

A party seeking public records under the PRA must, “at a minimum, provide notice that the request is made pursuant to the PRA and identify the documents with reasonable clarity to allow the agency to locate them. The PRA specifically allows persons to make requests by mail, which includes email under current technology and practices. Oral requests are not prohibited by the PRA, but they can be problematic.

A written request is advisable for several reasons. It confirms the date on which the record is requested. It also clarifies what is being requested. Identification of the requesting party, with address and telephone number, will also facilitate a request for clarification by the agency of any ambiguous request or allow the agency to determine if a person has the right to a record that would normally be exempt.

Within five days of receipt of a PRA request the agency must respond by either providing the records; or providing a website address to review the records; or acknowledge the request and provide a reasonable time estimate to gather the documents; or deny the request. There can be no fee charged for the requester to inspect the documents at the agency or for collecting the records. However, if copies of the records are requested a fee may be assessed for the copies.

Several years ago, the Legislature amended the conflict of interest statute for local elected officials, primarily in the area of financial thresholds, but also in the area of scope of enforcement. This is an important area of the law for board members and superintendents, so a current and thorough knowledge of the law is important. As a newly elected ESD board member, be sure to discuss applicable policies and procedures related to conflicts of interest with your superintendent and board chair.

RCW 42.23 broadly deals with conflict of interest in the Code of Ethics for Municipal Officers. While it deals primarily with contracts that may be potential conflicts, it could apply to other areas for an ESD Board Member. RCW 42.23.070 (Prohibited Acts) is a suggested list for Board Members to review.

Under state law, board members and superintendents are subject to restrictions because they are municipal officers:

No municipal officer shall be beneficially interested, directly or indirectly, in any contract which may be made by, through or under the supervision of such officer, in whole or in part, or which may be made for the benefit of his or her office, or accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract from any other person beneficially interested therein. (RCW 42.23.030).

If a board member has a permissible interest in a contract under one of the twelve exceptions, they may not vote on the authorization, approval or ratification of the contract. The board member’s interest in the contract must be disclosed to the board and noted in the minutes of the board before the contract is finalized.

Educational Service Districts (ESDs) are regional public agencies that serve as a critical link between Washington’s school districts and the state’s education system. Established in statute (RCW 28A.310), ESDs are designed to provide cooperative services, support statewide education priorities, and help ensure equitable educational opportunities for all students.

Washington’s system of ESDs has evolved over more than a century. It began with county-based education structures, including the Office of the County Superintendent (1890) and County Boards of Education (1909). Over time, these local systems were consolidated to improve efficiency, reduce duplication, and strengthen statewide coordination (Appendix I: ESD History Timeline).

Key milestones include:

• 1969: Creation of Intermediate School Districts (ISDs)
• 1970s: Consolidation into today’s nine regional ESDs
• 1980s–present: Expansion of services, partnerships, and statewide responsibilities
• 2000s–present: Increased legislative investment and coordinated statewide service delivery

Today’s nine ESDs reflect this evolution into a system designed to balance regional responsiveness with statewide impact.

ESDs are considered political subdivisions of the state and are statutorily (RCW 28A.310.010) intended to:

• Provide cooperative and informational services to school districts
• Assist the Office of Superintendent of Public Instruction (OSPI) and State Board of Education
• Ensure equitable access to services and opportunities for all students across the state

In practice, ESDs function as:

• Regional service providers responding to local district needs
• Statewide partners implementing legislative and agency priorities
• System connectors linking schools, districts, and state and national resources

Each ESD is governed locally by a Board of Directors whose members are elected by school board members within the region and serve staggered four-year terms. Boards are responsible for policy and governance, fiscal oversight, and superintendent evaluation. Each ESD also has a Superintendents’ Advisory Council that provides input on services and budget priorities. ESDs operate with a blended funding model that allows flexibility and responsiveness. Funding sources include:

• State funding for specific programs and limited core operations
• Federal grants and programs
• Local revenue through fee-for-service programs, cooperatives, and district contracts

This diversified structure enables ESDs to adapt to changing needs, develop new services, and leverage resources across districts and regions.

Educational Service Districts provide a wide range of services that support both school district operations and student success, while maximizing efficiency through shared systems and collaboration. Key services include:

• Financial and operational support (budgeting, payroll, reporting)
• Professional learning and educator development
• Technology and data services
• Special education and student support programs
• Behavioral and mental health services
• School safety and emergency response coordination
• Cooperative purchasing and shared service models

Through these services, ESDs help districts operate more efficiently while expanding access to programs and expertise that might otherwise be difficult to provide independently.

In addition to regional services, ESDs increasingly operate as a coordinated statewide system. In response to Initiative 900 in 2005, ESDs were among the first organizations engaged in performance audits conducted by the State Auditor’s Office. One outcome of this work was the development of an Extraterritorial Interlocal Agreement, which defines how ESDs collaborate across regional boundaries, identify needs, and respond to requests for services beyond individual geographic regions (Appendix II). This coordinated approach allows ESDs to design services in partnership with local districts while delivering programs consistently across all nine regions and sharing expertise to maximize capacity and effectiveness.

A defining strength of the ESD system is its ability to leverage resources for greater impact. Through cooperative models, shared services, and partnerships with state and federal agencies, ESDs reduce duplication, increase access to specialized expertise, and scale effective programs statewide. As a result, the nine ESDs leverage relatively modest core funding into a significantly greater level of services for students and schools statewide—approximately $46 in services for every $1 in core funding, or about $338 per student.Together, these structures support a system that is both regionally responsive and statewide in impact, and provide the foundation for the AESD Network, through which the nine ESDs formally coordinate statewide initiatives and partnerships.

The Association of Educational Service Districts (AESD) was authorized in statute (RCW 28A.310.210) to support coordination, communication, and leadership among Washington’s nine Educational Service Districts and their governing boards. Over time, the term “AESD” has come to represent two distinct but interconnected structures:

1. AESD Association: the membership organization for ESD board members
2. AESD Network: the collaborative system through which the nine ESDs deliver statewide initiatives and services

Historically, these roles were intertwined, which created confusion around governance, authority, and purpose. As the scope and scale of statewide work expanded—particularly between 2008 and 2021—the need for clearer structure became increasingly important.

In 2021, AESD leaders engaged in a comprehensive redesign process to address increasing complexity in statewide work, governance ambiguity, and capacity challenges across the system. The redesign recognized that growth in statewide initiatives, while a sign of success, had strained resources and blurred roles between governance and operations.

Key challenges identified included:

• Lack of clarity between association governance and network operations
• Increasing demand for statewide coordination
• Strain on ESD capacity due to expanding initiatives
• Ambiguity in roles of the Executive Board, superintendents, and Executive Director

The redesign established a next-generation model with clearer differentiation of:

• Governance structures
• Decision-making roles
• Statewide vs. regional work

This work continued through 2022–2023, culminating in formal action by AESD membership to “detangle” the AESD into two distinct entities—the Association and the Network—each with its own purpose, governance structure, audience, and budget processes.

This clarification remains foundational to how AESD operates today. Both Association and Network activities are aligned with the AESD Strategic Plan (Appendix III) that was developed in 2018 and still serves as a foundation for organizing and reporting the work of the AESD.

The AESD Association exists to support the growth, development, and effectiveness of the 69 elected ESD board members across Washington. It provides a structure for board members to build governance knowledge and leadership capacity, collaborate across regions, engage in statewide educational advocacy, and strengthen partnerships within the education system.

The Association is governed by the AESD Constitution (Appendix IV) and led by the AESD Executive Board, which is composed of one board member from each ESD. The Executive Board includes elected officers, such as the President and President-Elect, and is supported by ESD superintendents who serve in a non-voting, advisory role. Acting on behalf of the membership, the Executive Board provides leadership and oversight of Association activities, including shaping priorities for board member development, guiding legislative engagement, and ensuring alignment with the AESD Strategic Plan. A full listing of AESD Past Presidents can be found in Appendix V.

Through its work, the Association, led by the Executive Board, supports board member training and professional learning, facilitates communication and coordination among ESD boards, and plans and hosts the AESD Annual Conference. The Executive Board also reviews and recommends the Association’s annual budget, receives updates on legislative and statewide activities, and provides input to ESD superintendents and AESD staff on emerging issues and priorities.

Election of officers, budget adoption, and proposed changes to the AESD Constitution are considered and acted upon during the AESD Annual Membership Business Meeting, typically held in conjunction with the annual conference. This meeting provides an opportunity for all ESD board members to engage in Association business and deepen their understanding of the AESD’s role and purpose. The Association’s budget is developed and recommended by the Executive Board and adopted annually by the full AESD membership.

AESD Annual Conference: A key function of the AESD Association is the planning and delivery of the AESD Annual Conference, which serves as the primary statewide convening for ESD board members. The conference is designed to:

• Nurture relationships within the AESD community
• Support board members in their governance roles
• Expand understanding of AESD Network programs and services
• Conduct the AESD Annual Membership Business Meeting

The conference is hosted each year by an individual ESD on a rotating basis. The host ESD works in partnership with the AESD Executive Board to plan the agenda and manage conference logistics. Because the host rotation is updated periodically, current and future conference host schedules can be found on the AESD website.

The AESD Network represents the operational collaboration of Washington’s nine Educational Service Districts working together to design, coordinate, and deliver services statewide. Through this structure, ESDs function as a coordinated system that ensures programs, services, and initiatives are implemented consistently, efficiently, and equitably across all nine regions.

The AESD Network operates under another Interlocal Agreement among the nine ESDs (Appendix VI) which formalizes collaboration across geographic boundaries, establishes shared responsibility for statewide initiatives, and clearly distinguishes Network work from both the AESD Association and the individual regional work of each ESD.

Governance of the AESD Network is provided by the AESD Leadership Council, which is composed of the nine ESD superintendents. The Leadership Council works in partnership with the Executive Director to guide the direction, coordination, and implementation of statewide initiatives. The AESD Executive Board provides input to this work, helping ensure alignment with broader system priorities.

Through the Network, ESDs collaborate to design and implement statewide initiatives, partner with the Office of Superintendent of Public Instruction and other state agencies, coordinate funding and program delivery across regions, and leverage the collective expertise of the “power of nine.” Across the Network, statewide programs and services are designed to align with to legislative priorities, state agency partnerships, and the needs of school districts. These initiatives include areas such as educator professional learning, student supports, school safety, behavioral and mental health services, and operational supports. This structure allows ESDs to maintain regional autonomy while participating in a unified statewide system that increases capacity and impact. Because these programs continue to evolve, current AESD Network initiatives and services are best accessed through the AESD website.

The AESD Network budget is developed collaboratively by the Executive Director and the Leadership Council, with input from partners and ESDs, and is formally adopted by the Leadership Council. The budget is supported through a combination of ESD contributions and funding associated with statewide initiatives.

The work of both the AESD Association and AESD Network is supported by a small team of staff who coordinate statewide efforts and ensure alignment across the system. Because the AESD Association does not directly employ staff, personnel are employed through a designated Administrative ESD, which provides fiscal, human resource, and operational support.

An Executive Director provides overall leadership and coordination for the AESD, serving as a central point of contact for statewide initiatives and supporting both the Association and Network. In partnership with the AESD Leadership Council, the Executive Director helps guide strategy, manage operations, and coordinate communication across the nine ESDs. In addition, the AESD Administrative Specialist provides day-to-day administrative support for both Association and Network functions. The AESD leverages other key functions such as communications and program evaluation by engaging internal expertise from different ESDs.

In addition to the AESD Association and AESD Network, Washington’s ESDs also collaborate through other shared service models. One of the most significant is the Washington School Information Processing Cooperative (WSIPC). WSIPC is a statewide cooperative owned and governed by the nine Educational Service Districts. it provides essential technology and data services to school districts and ESDs, including student information systems, payroll and financial systems, and data management and reporting. WSIPC operates under a cooperative model and is governed by a board composed of ESD superintendents. It is funded through a fee-for-service structure in which participating districts and agencies pay for the services they receive.

While closely connected to the ESD system, WSIPC operates as a separate entity from both the AESD Association and the AESD Network. It represents one of the most comprehensive and longstanding examples of collaboration among the nine ESDs and demonstrates the system’s commitment to efficiency, shared services, and statewide support.