Zais, state board feud over school funds

A showdown is in the works this week over who has a say about accepting federal money for S.C. schools.

Superintendent of Education Mick Zais is refusing to follow a directive from the state Board of Education regarding federal education money. It is a sign of an increasingly tense relationship between the state’s education leaders and could impact decisions on future education money.

Zais, the Republican elected last year as the state’s schools chief, said he will not follow an order from the 17-member board to give it a monthly report on education money available to S.C. schools from the federal government and private groups.

The board, appointed by the GOP-controlled Legislature and charged with helping set statewide education policy, voted to require Zais to do give monthly reports on pots of $10 million or more that are available. The board also wants to know whether Zais is pursuing the money.

The directive comes after Zais turned down millions in federal education money this summer.

Zais contends the board lacks the authority to require him to give such a report and says he won’t do it. The Newberry Republican campaigned in 2010 on a platform of lessening the state’s dependence on federal education dollars and has spoken out on why he rejected the federal dollars, saying unwanted strings are attached.

Zais’ first report is due Thursday during the board’s December meeting.

Some board members say the directive is necessary because the public has a right to know when education dollars are available and the details of why Zais decides to accept or reject the money.

“There was a good bit of funding out there that the superintendent had arbitrarily rejected the opportunity to apply for,” said Tim Moore, a board member. “If money is there, significant amounts of money, it should be brought to the attention of the board and we should discuss whether to apply for it. It ought to be a cooperative effort.”

Board chairwoman Gerrita Postlewait said the directive is about increasing transparency — not an effort to grab power from Zais.

“We want more transparency,” Postlewait said. “We believe that it’s both (the board’s) constitutional and statutory responsibility to adopt policies that create high-quality public schools in South Carolina.”

However, board member Michael Brenan said Zais is right and the board should back down.

“My position is I’ve been generally opposed to anything the board attempts (to make) Dr. Zais to do,” Brenan said. “He does not report to that board. He is elected by the people, and that’s who he reports to.”

Brenan said he also backs Zais’ refusal to take federal money. “Every time we abdicate anything to the federal government, we lose some of our sovereignty as a state.”

Zais has said he is more transparent than previous superintendents, putting his schedule online, getting Board of Education meetings streamed online and explaining at length why he rejected federal money.

The board’s request is political, he contends. And it will not get a report at Thursday’s meeting.

“I will not abide by the unprecedented political power grab that this policy statement represents,” Zais told the board at its November meeting.

“And that’s what it is — pure, partisan politics pushed by some members of this board who worked diligently for and contributed generously to my opponent in the previous election,” Zais said, referring to his Democratic opponent, Frank Holleman of Greenville. “So let’s let last year’s election be history.”

A review of contributions by The State newspaper found that just one board member, Dru James, donated $1,250 to Holleman’s campaign. At least one other member, Moore, has said he supported Holleman.

Another member, Brenan, donated $1,000 to Zais’ campaign.

“The election is over. It was over a year ago, and we’ve moved on,” said Moore, whose term on the board ends this month.

If Zais does not give the report Thursday, Postlewait said the board may seek an opinion as whether Zais must comply with its request from the state’s top attorney, Attorney General Alan Wilson, or see if Zais is willing to provide the information to the public in another format.

Jay Ragley, Zais’ spokesman, said Friday anyone can call the superintendent’s office and get updates on available education dollars.