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School Board News Bulletin
February 2001

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ISBE budget would increase foundation level to $4,560 per pupil

Governor to propose ISBE restructuring

Frankfort tax referendum approved on recount

New laws allow 30-year Enterprise Zones, support microfilming of records

Déjà vu – April election will create seven-month hiatus – again

New mentor program to address teacher shortage

THE NATIONAL SCENE

Illinois districts honored with Magna Awards

NEWS FROM IASB

IASB Directors to serve on state education board committees

School district Internet addresses available from IASB Web site

IASB’s Springfield office to close for repairs March 6

IASB recognition program invites nominations

FEDERAL UPDATE

Bush education plan includes vouchers

TOOLS FOR SCHOOLS

School safety articles available online

WORKSHOPS & MEETINGS

Charter for Illinois Children sharing a common vision

Collective bargaining workshop is March 10

School Board Institute aims to build board leadership

NSBA invites school leaders to attend pre-conference technology meeting

RESEARCH REPORTS

Iowa class size reduction yields good results

LEGISLATIVE ACTION

"M & M" legislative year anticipated

DEVELOPMENTS IN SCHOOL LAW

RECENT MAILINGS FROM IASB

The Illinois State Board of Education (ISBE) fiscal year 2002 budget proposal released January 18 calls for roughly the same level of funding as last year. But far and away the largest line-item expansion, a $141 million boost, would go to General State Aid (GSA) to increase the foundation level in per pupil funding to school districts.

The budget reflects a proposal endorsed by the State Board of Education to increase the general state aid foundation level by $135, to $4,560 per student, as recommended by the Education Funding Advisory Board (EFAB).

As part of the Education Reform Act of 1997 the General Assembly prescribed foundation levels that increased by $100 for each of three years in order to provide a minimum level of support to local school districts. Lawmakers also approved a continuing appropriation to support those levels for those same three years. Both measures expired June 30, 2001.

The EFAB, appointed by Governor George Ryan last year, is charged with studying the foundation level and making recommendations for FY 2002 and beyond. The members suggested in December that the current level must be raised by $135 per pupil in order to ensure students an adequate public education.

In another budget increase, rising fuel costs are reflected in an additional $69.3 million in proposed funding for transportation.

The budget contains $9 million in proposed cuts overall, representing less than one-tenth of one percent of the $8 billion state budget for education. One problem area for many local schools, however, is a proposed 50 percent cut in block grant funding for ongoing professional development, a $12.1 million reduction.

Looked at another way, the budget allocates $320 million in new revenue for schools for FY 2002, which both the governor and his Bureau of the Budget have estimated will be available for elementary and secondary education. This represents the 51 percent of all new state revenue that has been pledged to schools by Governor Ryan. ISBE’s budget allocates $141 million of this amount for GSA, $60 million more to fully fund mandated categorical spending, and $90 million to meet statutorily required funding for Chicago and downstate teacher retirement systems. That leaves less than $30 million in new money for other priorities.

Source: ISBE budget.

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Governor George Ryan recently announced plans to restructure the State Board of Education to reduce the bureaucracy, eliminate red tape — and make the agency more accountable. The governor made that suggestion in his January 31 State of the State address before a joint session of the Illinois General Assembly.

Details of these new initiatives are expected to be revealed in the governor’s budget address to the legislature February 21. There has been talk of significant cuts in ISBE personnel and "outsourcing" certain programs to allow for the elimination of entire departments.

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A tax rate proposal in Frankfort C.C. District 157C, in Will County, was approved by voters in November after all, according to a full district-wide recount of the ballots. The elementary district’s tax referendum reportedly had failed by just two votes in the initial vote count.

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New statutes impacting Illinois public schools cover numerous topics, from encouraging the consolidation of school records on microfilm to allowing Enterprise Zones to remain in effect up to 30 years. Both the Enterprise Zone extension law (P.A. 91-937) and the law to allow for the destruction of the originals of school records that have been microfilmed (P.A. 91-886) took effect in January.

Other significant new statutes taking effect in January 2001 included provisions:

• permitting a school board to hold a closed meeting to consider security procedures in response to any danger impacting the safety of people on school property (P.A. 91-730);
• allowing a prosecutor to circumvent the hearsay rule to establish the locale of a crime when prosecuting delivery of a controlled substance on school property (P.A. 91-899); and
• amending the Gasoline Storage Act to permit dispensing motor fuels directly into gas tanks from tank trucks or portable tanks at some sites when fueling certain government vehicles (P.A. 91-851).

Source: Illinois Statewide School Management Alliance, New School Laws 2001, January 2001.

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The unusual conditions following the 1999 school board election will be in effect one more time in 2001. Candidates elected to full terms in April 2001 are not to be seated until the board reorganizes in November, about seven months later. The statutory time period for seating new members and electing officers is between November 6 and 13.

IASB staff has updated some material compiled in 1999 that may be helpful to school boards as they prepare for the 2001 election and its aftermath. Material includes the following:

• questions for the school board to consider in dealing with unseated board members-elect;
• a suggested resolution for school boards wishing to reimburse the training expenses of unseated board members-elect;
• a schedule of IASB workshops for newly elected members;
• a model orientation program for new board members; and
• advice for unseated board members on how to relate to the incumbent board.

You can access these materials on the IASB Web site at http://www.iasb. com/election07/boarddutiesmenu.htm and http://www.iasb.com/election07/candidatemenu.htm.

Also, many IASB division meetings this spring (but not all) will feature special sessions for school board candidates. And there will be a televised workshop for candidates at 7 p.m. on Tuesday, February 27, which should be available in many regions of the state. Get in touch with your Regional Office of Education to determine whether the workshop telecast is being made available in your region. A videotape of the February 27 telecast will be available from IASB beginning March 1 ($25 for the 60-minute tape and study guide). For more information, visit http://www.iasb.com/election07/workshop.htm.

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A new mentoring program to guide 750 education students into teaching was touted in a February 7 community forum at Richland Community College in Decatur. "Every new teacher needs a mentor," said Jane Gard, director of the Illinois Teacher Education Partnership (ITEP), "whether (the relationship) evolves naturally or is chosen."

Within three years, 30 percent of new teachers drop out of the profession, explained Rep. Jeff Schoenberg (D-Evanston). With the number of unfilled teaching positions nearly double from five years ago and significant teacher shortages projected, Illinois must find a way to keep good teachers in the classroom.

In pursuit of this goal, ITEP brings together 10 Illinois school districts and six community colleges, in addition to numerous state, community and business partners. Funding is derived from a $6.3 million U.S. Department of Education grant awarded last fall to National-Louis University in Chicago.

Source: Linda Dawson, IASB director of communications.

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THE NATIONAL SCENE

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Illinois districts honored with Magna Awards

Two Illinois school districts are among those honored by the Magna Awards 2001 program, presented by the American School Board Journal and co-sponsored by Sodexho Marriott Services. The awards recognize local school boards for fostering outstanding programs that advance student learning.

The school board in Park Forest-Chicago Heights School District 163 was a Magna Award winner for the district's Three-Pronged Education Program. The Palatine Community Consolidated District 15 Board of Education was honored for that district's Quality Initiative. Source: NSBA, press release, January 15, 2001.

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NEWS FROM IASB

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IASB Directors to serve on state education board committees

Members of the IASB Board of Directors are beginning to be assigned to all Illinois State Board of Education (ISBE) committees to provide local board perspective to the state board staff. This opportunity is an outgrowth of the focus groups convened at the annual conference in November.

This increased communication between the ISBE and IASB will continue Friday, November 23, when all ISBE board members have been invited to meet with IASB's board members for expanded dialogue.

Source: Dr. Michael D. Johnson, IASB executive director.

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School district Internet addresses available from IASB Web site

Networking among Illinois school boards and superintendents should be a little easier now.

IASB membership records staff recently solicited member school districts for their Web homepage addresses and received an initial response from 286 districts. Those addresses are now available from the Membership Directory on the IASB Web site.

That means visitors to the IASB Web site can now jump directly from the online Membership Directory to any of 286 school district homepages. In many cases, that also means you can locate e-mail addresses for school board members and administrators in those districts.

To try out the new service, visit the IASB homepage at www.iasb.com and click on the Member School Districts listing under Directories and Other Data.

IASB will continue to urge additional districts to provide their homepage addresses and add them to the directory as they become available.

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IASB's Springfield office to close for repairs March 6

The Association's Springfield office will be closed in order to complete plumbing-related repairs Tuesday, March 6. The Lombard office will remain open. Some staff may be in the Springfield office March 6, as well, and they may be reached by phone at the appropriate extension. Staff and visitors will not be permitted to use the restrooms that day as new concrete is being poured. Both IASB offices will be closed as previously scheduled on Monday, March 5, for Casmir Pulaski Day.

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IASB recognition program invites nominations

IASB annually recognizes people, agencies, corporations or non-governmental organizations whose actions have contributed to excellence in education for Illinois children. Recognition is provided through the Harold P. Seamon Award for Distinguished Service to public education. Nominations are being sought for this prestigious award.

Recipients must have done one or more of the following: 1) display exceptional service and commitment to public education in Illinois; 2) provide innovative and creative approaches to meeting the challenges facing public education; 3) enhance local, lay control of, and responsibility for, the governance of public education by school boards.

The activity for which the nomination is made should extend statewide or have an impact on a large region of the state - NOT just a district-wide impact. Only one such award may be given annually. The deadline to submit nominations is April 15. Outstanding nominees are sought from all walks of life - not just from the realm of professional education. The award is presented at a general session of the annual conference in November. Past winners include the Chicago Tribune, Harold P. Seamon, Brian Braun and Bud Thompson.

IASB Honorary Memberships for Exceptional Service are given to people who have rendered distinguished service to the Association or to public education generally. These contributions may be district-wide or regional. Up to three awards may be given each year. They are presented at regional meetings.

Submit a brief letter of nomination for either award to the awards committee liaison. Deadline for submissions is April 15 for both awards. Current school board members and IASB staff are not eligible to receive IASB awards.

In addition, IASB offers the IASB Service Award to an individual who: 1) has given 25 years of service (not necessarily continuous) to schools and children; 2) has had a positive impact through that service; and 3) has had a close affiliation with and been of direct service to schools, either as an employee or volunteer. Service Awards are issued to as many people as meet the requirements to receive them. They are presented at regional meetings. There is no deadline for submission of names.

Contact: IASB Awards Committee Liaison, 2921 Baker Drive, Springfield, IL 62703-5929, phone IASB, ext. 1139, fax 217/753-2485.

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RESEARCH REPORTS

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Iowa class size reduction yields good results

Legislation to lower class sizes in kindergarten through the third grade has yielded positive results in Iowa, according to two extensive studies. The program, which called for lowering class size to 15 students per teacher, resulted in better student performance on all measures, according to Iowa School Board Compass (Winter 2000), published by the Iowa Association of School Boards.

Among the findings:

• Students in smaller classes are more engaged in learning and participate more often.
• There are relatively fewer grade retentions in small classes.
• There was no statistically significant difference in student achievement in first grade classrooms with 15 students and one teacher and first grade classrooms with 30 students and two teachers. This finding suggests that the benefits of reducing class size may be achieved without the costs of building additional classrooms.

Source: Maine School Boards Association, Update, January 2001.

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WORKSHOPS & MEETINGS

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Charter for Illinois Children sharing a common vision

The Charter for Illinois Children has scheduled two regional conferences to give participants tools and skills to help Illinois children and to explore collaborative efforts to help kids. The first conference will be held Friday, March 16 at the College of DuPage, Glen Ellyn; the second is scheduled Tuesday, May 16, at Bradley University, Peoria.

The Charter was created in March 1999. Its founders included parents, children, teachers, policy makers, clergy, business and other community leaders. Together they focused on six areas: health, education, safety, families, economic security and arts and recreation. The end result was the Charter: a comprehensive assessment of shared vision and responsibility for the children of Illinois in these specific areas.

Organizers say the Charter empowers individuals and communities to partner together to: collaborate with other groups in the community; envision a better future for kids in the community; prioritize/focus on steps to make this vision a reality. Organizers say joining this Charter is a natural next step for board members and school districts.

To obtain further information or a copy of the Charter, or to attend one of the regional meetings, contact Kim Fitzgerald at Voices for Illinois Children. Phone 312/516-5557; or e-mail: kfitzgerald@voices4kids.org. Source: Cynthia Woods, IASB staff.

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Collective bargaining workshop is March 10

A workshop on Collective Bargaining, jointly sponsored by IASB and the Illinois Association of School Administrators, will be offered Saturday, March 10, at Jumer's Chateau, Bloomington. This Level II clinic centers on current issues and contract management, and features a day of intensive, practical information designed to increase the effectiveness of school management bargaining team members. The workshop is designed to help all board members and administrators who serve as negotiating team members, spokespersons and resource personnel. Tuition is $100.00 per person; $90.00 per person if four or more register from one district. Meals are included in the registration fee, but lodging is not. Participants will earn 10 IASB Leadership & Development Credits. To learn more or to register, phone IASB at extension 1221.

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School Board Institute aims to build board leadership

Now in its fourth year, the IASB/Motorola "School Board Institute: Leadership for the 21st Century" will offer four two-day sessions in 2001 to build board member leadership skills. The product of an education-business partnership between IASB and Motorola, the institute is designed to help board members become dynamic, effective leaders for the future.

"The Motorola seminar ... taught me new techniques to use when looking at educational problems," explains Sara Brown, an institute participant from Carmi-White C.U. District 5.

The institute enables board members to identify and reflect on personal leadership skills and to practice dialogue and decision-making processes and skills. Each day's seminar begins at 8 a.m. for the 2001 dates and sites listed below:

April 17-18Holiday Inn, Mt. Vernon

June 11-12Motorola University, Schaumburg

September 17-18Renaissance, Springfield

October 4-5Motorola University, Schaumburg

This is a legitimate board expense and institute participants earn 20 credits in IASB's Leadership and Develop-ment Awards program. For more information, phone IASB at extension 1228.

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NSBA invites school leaders to attend pre-conference technology meeting

Illinois school leaders are invited to join NSBA technology expert Dan Morris March 23 in San Diego for an "Internet Made Easy" workshop just before the NSBA Annual Conference & Exposition. Participants can learn how to find information quickly and easily via the Internet through this hands-on session, one of 23 workshops scheduled for the Friday before the conference. The conference runs March 24-27. You must be registered for the conference to attend any of the pre-conference sessions. For more information or to register online, visit NSBA's Web site at http://www.nsba. org/conference/register/index.htm or phone 1/800-950-6722.

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LEGISLATIVE ACTION

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"M & M" legislative year anticipated

by Deanna Sullivan, director, IASB governmental relations

Those involved in public education are well aware of the so-called 3 R's, Reading, Writing and Arithmetic, and insiders use acronyms for almost every aspect of the business, such as ADA (average daily attendance). Likewise the work of the upcoming 92nd General Assembly may be described by an acronym, M & M (Maps & Money).

What is meant by "Maps?" Every 10 years, after the census data is tabulated identifying population shifts, congressional and legislative districts must be re-drawn to provide for "one-man, one-vote" representation. During 2001, Illinois legislators will be focused on where their district boundaries will be drawn. They will be very interested in who their new constituents will be and what current constituent base they can hold on to, and whether they are likely to be pitted in 2002 elections against one of their colleagues for the same district seat.

Because of this focus, House and Senate majority leaders, who largely control the legislation that will be heard, will be less likely to permit consideration of controversial issues. After all, such issues might affect how readily "their" members can get elected in new areas. School funding reform, for example, may be put on a back burner until legislators feel more pressure or more comfort in enacting this much-needed legislation.

The governor's Bureau of the Budget and the legislature's Economic and Fiscal Commission have already indicated the state will have less money to dole out for FY 2002. According to the January 2001 Monthly Revenue Briefing from the Economic and Fiscal Commission, revenues must grow approximately 4.1 percent for the next five months of FY 01 to meet the general funds revenue estimate. Other financial pressures, unrelated to schools, such as Medicaid, are looming as well.

How will these issues effect public education funding? As reported above, the State Board of Education has adopted the recommendations of the governor's Education Funding Advisory Board including: an additional $135 per pupil, maintaining the hold harmless, three-year averaging for ADA, tying the poverty grant to the funding formula, and lowering the impact from 20 percent to 15 percent for access to poverty dollars. The effect on school funding deliberations between the Illinois House, Senate, Governor's Office and State Board of Education will likely be significant given that this is a "Map" year.

For some of the same reasons stated above, legislators are going to want to do little more than act on the recommendations of the State Board of Education and the Funding Advisory Board. Education is the most important issue discussed in political campaigns, especially when candidates want to connect with new constituents. Therefore legislators will likely want to be on the record this year and next as having done something significant for education. What better than to provide increased funding? Look for much discussion in upcoming months about a slowing economy, tightening the belts of state government and how to make everyone more accountable. But remember, the focus for 2001 is "where are my district's boundaries?"

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FEDERAL UPDATE

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Bush education plan includes vouchers

A massive new education plan was the first major legislative package pushed by newly inaugurated President George W. Bush. The proposal includes tougher performance standards for students and adds intermediate remedies to a campaign proposal designed to help fix some schools before triggering a voucher provision.

IASB has expressed opposition to vouchers that would shift public funds to help support private schools. The Association "is opposed to the use of any form of educational voucher, tax deduction and tax credit plan at the state or national level," according to IASB position statement 2.57, which was last amended in 1988.

But IASB executive director Michael D. Johnson had positive things to say about other provisions of the Bush education proposal. "We are extremely pleased that a massive new education plan was the first major domestic policy proposal advanced by President George W. Bush. The Bush proposal includes some forward-thinking ideas, such as his pledge to provide considerably more money for reading in the early grades and to offer technical assistance to schools that encounter academic achievement problems," Johnson said.

The new plan calls for a "school improvement fund" to provide financial assistance to "failing" schools after the first or second year - to help them get their acts together. Also added to the new plan will be some "corrective actions" after one or two years if most students in a particular school are still failing. For instance, White House sources said there might be a provision for the removal of a principal of a failing school.

IASB released a statement January 25 noting that while school board officials generally agree with the administration's call for developing a "school improvement fund" to assist "failing" schools after the first or second year, the Association is concerned that removal of a principal "clearly could violate the concept of local control of public schools."

The President's plan is just an outline, IASB executive director Johnson added, but it appears to contain provisions that could jeopardize local control "depending on how those provisions are fleshed out in legislation that has not yet been introduced."

Source: Bush Administration plan, "No child left behind," January 23, 2001.

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TOOLS FOR SCHOOLS

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School safety articles available online

A series of articles recently appeared in the Chicago Sun-Times based on the Secret Service’s study of school shootings, "Safe School Initiative." The newspaper now offers a reprint of the articles, called "Deadly Lessons: School Shooters Tell Why," for $1.50. To order a copy, phone the Public Information Bureau at 312/321-3000. Ask about the glossy reprint of the articles, not a photocopy.

Schools also may download the articles for free from the Web in an attractive Adobe Acrobat format. This is the same file from which the reprint was obtained. The only problem is that it is a large file (5 MB), and requires using the free reader from www.adobe.com/products/acrobat/readstep.html.

The reprint itself is online at: www.PowerReporting.com/files/shoot.pdf, and the plain text of the articles, without photos, is at www.suntimes.com/shoot/.

Source: Bill Dedman, Chicago Sun-Times, Bill@PowerReporting.com.

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RECENT MAILINGS FROM IASB

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IASB regularly sends informational materials to all member districts. Here is a list of such items mailed to representatives in your district in the past month. For more information about any item, contact your board president or district superintendent or get in touch with IASB.

IASB Constitution & Position Statements book, 1/17 to district superintendents.

School Public Relations Service, 1/24 to subscribers (subscription free to member districts upon request).

Announcement of Level II Collective Bargaining Workshops, 2/3 to board presidents and district superintendents.

New School Laws 2001, 2/7 to board presidents and district superintendents.

Announcement of Motorola School Board Institute, 2/8 to all members.

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DEVELOPMENTS IN SCHOOL LAW
by Melinda Selbee

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IASB Urges Federal Appeals Court to Uphold Decatur's Student Disciplinary Rules

Last January, the Seventh Circuit Court of Appeals granted an IASB petition to participate as an Amicus Curiae (friend of the court). This case arose when the Decatur District 61 Board of Education expelled six high school students for fighting in the stands during a football game. The students unsuccessfully challenged their expulsions before the District Court.

IASB is participating in order to support the Decatur Board on behalf of every Illinois school district. Below are excerpts from the IASB brief. Many thanks to Patricia J. Whitten, Franczek Sullivan. She and other members of her firm did a wonderful job in writing this brief.

Plaintiffs' appeal is based in part on their assertion that Rule 10 of the school district's disciplinary code, which prohibits "gang-like activity," is "unconstitutionally vague and facially void." ... Plaintiffs' argument wholly misconstrues the permissible limits on school disciplinary regulations under the U.S. Constitution. Federal courts have uniformly held that school disciplinary regulations that do not interfere with constitutionally protected conduct may not be successfully challenged by plaintiffs who had clear notice that their conduct was prohibited.

Plaintiffs admit that they had no constitutionally protected right to engage in the fight that led to their expulsions. ... Their admission is fatal to their assertion that Rule 10 is subject to a facial vagueness challenge.

In addition, Plaintiffs assert they have "constitutionally protected liberty and property interests affected by the Board's disciplinary rules and procedures and requiring due process" which entitle them to a facial challenge of Rule 10.

Federal courts have long recognized facial vagueness challenges to school disciplinary regulations only where students' First Amendment rights are implicated, which has long been given significant and unique protections within the school context. Plaintiffs have failed to identify any reason to undermine the necessary disciplinary authority of school officials and boards of education by expanding the vagueness doctrine beyond its established and recognized scope.

... Plaintiffs further argue that Rule 10 is vague as applied to their own conduct. However, Rule 10 is not vague as applied to Plaintiffs' conduct. ... Rule 10 clearly put Plaintiffs on notice that their conduct might lead to expulsion.

Plaintiffs took part in a fight between members of two rival street gangs despite the school rule proscribing "gang-like activity." Plaintiffs argue that members of rival street gangs "may fight without consideration of their affiliations, but rather for unrelated reasons, such as perceived personal insults." ... However, even if Plaintiffs' farfetched supposition were true, and they participated in the fight for wholly unrelated reasons, Plaintiffs still cannot seriously suggest that they were not on notice that Rule 10 prohibits participation for any reason in a fight between rival street gangs. Rule 10 unequivocally puts students on notice that participation in a fight between members of two recognized street gangs is prohibited. There was no vagueness in Rule 10 as applied to Plaintiffs' conduct.

Plaintiffs' assertion that Rule 10's language did not give them a "fair opportunity . . . to comport their conduct with it" is disingenuous. ... There can be little question that a general, core understanding exists of what is meant by "gang" in the school context. ... Hence, even applying a facial vagueness analysis, Plaintiffs' claim fails because these authorities, and the many others like them, confirm that students and school officials have a common understanding of the characteristics that distinguish gangs and, hence, gang activity.

To sustain such a challenge would be unwarranted and opens the door to facial challenges to school disciplinary regulations in virtually every instance.

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IASB ARCHIVES HOME

Illinois Association of School Boards

2921 Baker Drive
Springfield, Illinois 62703