Legal Brief
Alternatives to the Superintendency
BY SARA G. BOUCEK/School Administrator, May 2022

DURING MY LIFETIME, never has there been a time when leadership in public education has been questioned, challenged and criticized more than during the COVID-19 pandemic. In times like these, it is inevitable that the structure and existence of top leadership positions are questioned.

Is there a better leadership structure or an alternative to school leadership other than the superintendency? I struggle with the answer because of my love and admiration of those whom I have had the pleasure to work with over 20 years. While the task was to seek, explore and/or find alternatives, my conclusion remains the same: Nothing can replace a tried and true leader at the top regardless of whether the title is superintendent or some variation.

In Illinois, the School Code’s Section 10/21-4 dictates each school district “employ a superintendent, who shall have charge of the administration of the schools under the direction of the board of education.” In the past 15 years, this section has been challenged as to whether it requires school districts to employ a full-time individual at the helm. The overwhelming interpretation is that each school district must have a superintendent, but it is undefined whether that individual should be full-time or part-time.

Temporary Options

Prior to the revolution of school funding in Illinois, a popular phenomenon through budget cuts was to hire a part-time and/or retired interim superintendent instead of a full-time superintendent. While acknowledging there are situations such as an unexpected vacancy, disability, death and/or dysfunction at the board level and/or community conditions where an interim and/or part-time superintendent could be a viable temporary solution, it never should be a permanent one. The best systems that grow and stretch to excellence are those with continuity in leadership and execution.

Still, are there alternatives to the traditional superintendency that should be explored? Perhaps. Sometimes the best way to sustain or exceed excellence through systemic change is to disrupt traditions and the status quo.

The major obstacle to this type of change is that most states have strict licensing laws, regulations and procedures prohibiting alternative pathways to the superintendency. Over the years, Illinois has explored alternative routes to licensure. These typically are met with opposition by those who do not like change or believe it would threaten the existing structures.

Licensure requirements usually include postsecondary degrees, content tests, specialized endorsements and in-district internships. These tend to be major stumbling blocks to leaders in fields outside of K-12 education considering leadership options in public school settings.

One workaround in the truest form has been the rise of charter schools, but even in that sector, most individuals looking for a career change find themselves on governing boards rather than at the administrative helm due to the failure to meet state licensing requirements. Another workaround is for school districts to hire their leader without requisite degrees/endorsements and hire or promote internally a deputy leader who checks all the procedural boxes. This allows the top leader to return to school and/or find an alternative path-way to licensure.

Baseline Requirements

Regardless, for a superintendent to be a school district’s top leader in most states, the individual must meet baseline requirements such as holding a professional educator license (which requires all state requirements be met). 

These alternatives have worked in Illinois, but it takes a board of education willing to find the right leader regardless of licensure status and to work together until state standards/protocols are met. One of the finest superintendents I have had the pleasure to work with took this path less traveled and made all the difference for that school district.

While it is unclear at this time whether the education industry is ready for radical alternatives for top organizational leadership, the field never should close itself off to the possibility. If we have learned anything from the pandemic, it is that sometimes our most crucial adaptation comes when everything about which we know is disrupted.

SARA BOUCEK is an education attorney with Kriha Boucek in Oakbrook Terrace, Ill. Twitter: @sboucek