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Board approves MOU with Foundation for Excellence after extended governance debate
Summary
After an extended discussion of the foundation’s legal separation, reimbursement arrangements, and oversight, the board approved the MOU with the Foundation for Excellence but asked staff and counsel to return with options for stronger transparency, including possibly changing an ex officio appointment from 'may' to 'shall'.
The Kansas City, Kansas Board of Education voted May 26 to approve the memorandum of understanding with the Foundation for Excellence after a lengthy public and board discussion about how public funds and donated funds intersect.
Legal counsel explained that the foundation is a separate 501(c)(3) that historically had closer ties to the district but was legally separated in recent years; the MOU codifies coordination, in‑kind services, and reimbursement mechanisms, including arrangements where the foundation’s employees may be placed on the district payroll and reimbursed. "The foundation is a dedicated foundation... The foundation raises money, for purposes to benefit the school district," counsel said, adding the MOU contains indemnification and reimbursement provisions.
Board member Pamela Penn Hicks pressed for greater governance and transparency, arguing that when public funds flow to the foundation the board has accountability and should require an ex officio board member. Counsel and staff said the board can appoint ex officio members and that the MOU can be amended; the board approved the MOU as presented and agreed to explore revising language and receiving more regular reporting from the foundation. The meeting record shows the board approved the MOU and assigned follow‑up steps to staff and counsel.
