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School Board News Bulletin
February, 2005

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ARTICLES

Superintendents blast NCLB tutoring limitations

Bush pushes for NCLB in high schools

Funding offered to districts serving migrant children

February tax vote triggers reform effort

IASB's online board member 'campus' growing

IASB slates dinners

Targeted learning workshops set

New laws hit schools with more mandates

Election bill also becomes law

Budget hearings

Congress extends e-rate for one year only

Boards facing significant election deadlines

State gives school boards more time for canvassing, reorganizing boards

Six school districts hold February tax referenda

Schools face notice deadlines for teacher non-renewal

Governor makes no large plans for schools

Election officials seek law to keep children away from voters

U.S. teens improve math tests, lag in applied math skills

Critics say schools falling behind society in technology use

Report bumps Illinois up to 'C-' on school funding

Finance snapshot provides short primer on foundation formula

Schools halve violent crime rate over decade

IASB offers awards

Illinois school board representatives lobby in DC

Warfield announces resignation at IASA

NEWS FROM ISBE

ISBE begins exploring mandatory strategic plan

Corrections window set for 2005 state assessment

NEWS HEADLINES

DEVELOPMENTS IN SCHOOL LAW

Know your policy manual

Superintendents blast NCLB tutoring limitations

Most school districts in Illinois have already run afoul of the No Child Left Behind Act of 2001 (NCLB) or have a school that has done so.

One particularly burdensome provision in the law requires that schools labeled as not "making adequate yearly progress" must pay for expensive private tutoring for some of their most academically challenged students.

Chicago Public Schools chief Arne Duncan threatened a lawsuit over this. And the district ultimately announced a decision on Jan. 31 to continue running its own tutoring program for 40,000 struggling students through the end of the school year, but it will have to pay for the cost out of its own pocket rather than from NCLB funds.

"It infuriates me when bureaucrats in Washington make laws and set rules that make no sense and, in the end, harm kids," Duncan said. "The way this law is being implemented creates disincentives and discourages those who are trying to do the right thing."

The federal law requires states to track separately how well minority, low-income, limited-English and special education students perform on state achievement exams. Each subgroup must meet state standards in math and reading, and 95 percent in each subgroup must be tested.

The law lays out a series of escalating sanctions for schools that fail to measure up. The sanctions begin with a requirement that non-AYP schools allow students to transfer to better-rated schools and end with school closings.

Of greatest concern to many school districts is the provision that bars them from overseeing tutoring programs in failing schools.

The NCLB law requires districts to offer free tutoring to students who attend schools that repeatedly fall short of AYP goals. By law, parents can opt for private tutoring at the expense of the district. But ten districts, including Chicago District 299 and Cicero District 99, set up tutoring programs last year after the private companies could not handle the thousands of students involved.

Federal education officials say these districts will have to dismantle their tutoring programs if the upcoming test scores do not show clear improvement. But some school districts believe they have already found a way to continue their tutoring while following the federal law.

The Cicero District, for example, transferred its tutoring program to a district school that is permitted to offer NCLB-funded tutoring because it is meeting AYP standards.

But that option was not practicable for Springfield District 186 because other school tutoring programs in the district were overloaded, so District 186 is still searching for a long-term solution. The district had just begun an in-district tutoring program in its two non-AYP schools when it was informed in early December of 2004 that the programs needed to be closed down. Thus the district began talking with community providers who offer private tutoring to see whether they might have an interest in a contractual tutoring arrangement.

Of the 14 approved providers on the federal list, only one was interested in talking to the Springfield district, and they had a minimum enrollment requirement that was eight times greater than the number of students who needed help. "We could not meet that number," said Deputy Superintendent Sue Dole.

The district is fortunate, Dole says, that the two schools being served by district tutoring programs have received private support through the so-called 21st Century Program to fund after-school tutoring services. But the district is now working through the State Board of Education to find a final long-term solution to maintaining needed services.

Meanwhile, in a move apparently inspired by grassroots dissatisfaction with NCLB's conflicting requirements, Springfield's school board recently placed a sample letter complaining to the Congress about NCLB requirements on the district Web site. (The sample letter is available online at www.springfield.k12.il.us/about/legislator.html.) The move comes in response to constituents who have asked for guidance in seeking NCLB reforms.

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Bush pushes for NCLB in high schools

President George W. Bush recently repeated his legislative plan to expand his No Child Left Behind (NCLB) testing program into the nation's high schools, but ISBE's interim State Superintendent Randy Dunn says federal officials should fix NCLB first.

Dunn, who is now restructuring the Illinois State Board of Education, said he is happy to see the president focus attention on the high school grades via his education agenda.

Dunn said most of the nation's education reform and earlier NCLB requirements have been focused on the elementary grades, and it is time to start thinking about accountability at the high school level. But there are still far too many problems with the president's education plan to spread it into another arena.

"I don't know that I'm ready to say it's time to open the way for increased testing," Dunn said. "Before we start adding to the portfolio of NCLB, we need to address the problems facing it."

Dunn has said NCLB is proving productive in one area – showing the gap between different groups of students' performance. In other areas, such as special education, NCLB "mistreats" students, drawing a hard line of success or failure based on one standardized test, Dunn added.

Dunn said judging a high school student's overall education based on one test will convey a skewed picture of reality. "Certainly colleges don't rely on one indicator," he said.

During the president's announcement of his education agenda Jan. 12 at a high school near Washington, D.C., he explained why he considers testing an important measurement for all.

"Testing in high schools will make sure that our children are employable for the jobs of the 21st century," Bush said

Bush's expansion of NCLB would require annual testing from the time a student enters third grade through eleventh grade. It would also require an additional test for high school seniors.

Bush also wants to require states to annually test students in reading and math in grades 3 through 11. That's an expansion of the NCLB law, which requires those tests in grades three through eight, and at least once during the period from grade 10 to 12.

The president also plans to give states $250 million to require that the 12th grade National Assessment of Educational Progress be administered in every state in reading and math every two years, just as it is in those subjects in grades four and eight. For more information about the proposal, visit www.whitehouse.gov/infocus/education.

Rep. George Miller of California, ranking Democrat on the House Education Committee, has said the idea of adding testing "is going to have rough sledding, not just on Capitol Hill but I think in communities all across the country." Miller says schools are struggling to keep up with the financial burden of their existing requirements.

But Dunn said it is obvious President Bush has the power to push his agenda, and schools across the nation will have to react.

Federal spending on programs covered under NCLB has increased 40 percent under the Bush administration, rising from $17.4 billion to $24.3 billion. Spending this year has grown by only 1.7 percent, which suggests that NCLB expansion may not be adequately funded.

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Funding offered to districts serving migrant children

Survey seeks input from districts serving significant numbers of migrant children

The state will soon be receiving funds to identify and educate migrant children under Title I, Part C of the No Child Left Behind (NCLB) Act of 2001. To identify school districts serving such children, the Illinois State Board of Education (ISBE) is now conducting a survey to locate districts with children of migrant workers living in their attendance areas.

In particular, ISBE is interested in children whose parents migrate to obtain work in agricultural production, fishing or food processing industries. Districts that participate in the state's New Generation System for reporting do not need to respond to the ISBE survey on migrant workers' children. Otherwise, districts are asked to respond if they have such students.

Generally speaking, school districts do not need to admit a nonresident student and may require such a student to attend school in the school district in which he or she officially resides, such as in the district he attended to start the school year. There are special provisions under state and federal law for homeless children, however, which also apply to those lacking a fixed and regular nighttime abode such as migrant children.

For more information on the ISBE survey, contact ISBE's Beth Robinson at 312/814-3607. Or go online at www.isbe.net/bilingual/pdfs/migrant_survey.pdf to access the survey.

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February tax vote triggers reform effort

Cook County Clerk David Orr has vowed to seek a change in state law over the decision by Palatine CCSD 15 to use the low-profile Feb. 22 election date to seek a tax increase.

Orr is angry because turnout in the district is expected to be low, with the tax issue being the only item on the ballot in 79 of the district's 103 precincts. Although low turnout could boost the odds of passing the tax increase, Orr says it also means his office must pay to open 79 additional precincts, at a cost of $125,000.

"If the law was changed it would save the taxpayers money," Orr said. But, while he sympathizes with boards, he thinks they should wait until their county holds a full election.

Under state law, boards of education can place questions on the February ballot only if precincts within their district are holding an election.

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IASB's online board member 'campus' growing

IASB announced the opening of its new Online Learning Center (OLC) to all IASB members on Jan. 18, with four course choices: Robert's Rules of Order for School Board Members; Lighthouse Learning: The Board's Role in Increasing Student Learning; Constructive Superintendent Evaluations; School District Labor Relations: What Illinois Law Requires.

Having completed three of the four classes, Grant Park CUSD 6 board member Dale Hansen "highly recommends" the Online Learning Center. "The ability to complete the modules at your own pace and in your own home is fantastic," Hansen says.

"The course content is up to the standards IASB maintains in their live sessions," he says. "These are not snap courses that allow you to fly through them. The comments you are required to submit really make you understand the material, and be able to apply it to your individual situation," Hansen adds.

Other participants sing similar praises about the OLC, including Argo CHSD 217 board member Eugene Wroblewski, who appears poised to become the first Academy Fellow of the program, having also completed three of its four courses.

Wroblewski had this to say about the OLC: "The On-Line Learning Center provides individuals an opportunity to learn about new ideas as well as update [boardsmanship] information ... without attending workshops in a separate physical location. This is the greatest prospect to provide board members with the opportunity to increase their knowledge, and improve their skills and performance without having to wait for a workshop … They can learn at their pace and still have the chance to exchange their thoughts with other individuals who are interested in the same objective."

Each course is self-directed and participants can take up to six months to complete. Registration is between $75 and $125 per course, depending upon length. Participants earn both Master Board Member and LeaderShop elective credit for each course successfully completed.

To go to the OLC home page, click on: www.nsba.org/olc/olc.cfm?assn=12.

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IASB slates dinners

All of the IASB division dinner meetings this spring will feature board candidate briefings that will give prospective first-time board members an overview of the roles and responsibilities involved in board service. School boards are invited to bring board candidates along for the whole evening.

Topics range from Illinois Ethics Act compliance to "Aligning the System for Success." The latter presentation will cover aligning standards, assessment, curriculum, and instruction for improved student achievement.

It will be featured at the DuPage Division dinner confab at The Carlisle, Lombard, on Tuesday, Feb. 22. Making the presentation will be Amy Stempel, a senior associate of The Education Trust, an independent nonprofit organization that works for the high academic achievement of all students.

Meanwhile, at the Southwestern and Abe Lincoln Divisions, on March 2 and March 3, respectively, members will be briefed on the rules and implications of the new Gift Ban Act.

For more information visit www.iasb.com/calendar/.

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Targeted learning workshops set

IASB recently kicked off a new workshop, "Targeting Student Learning: Focusing on the Real Work of Boards," and is presenting it in three-hour learning sessions at six different locations in February. This workshop is designed to teach school leaders

how to conduct in-depth policy discussions that: impacts student learning; are based on relevant data rather than people's perceptions; and encourages broad-based participation from the school community and staff.

A tuition of $85 per person is waived for board members and superintendents from districts already participating in the Targeting Achievement Through Governance program. Targeting Achievement Through Governance is a state grant-funded program offered by IASB to those districts not making AYP for two consecutive years at the school or district level.

Workshops have already been held at four locations; remaining workshops will be held: Feb. 23, Holiday Inn, Crystal Lake; and Feb. 28, Starved Rock Lodge, Utica.

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New laws hit schools with more mandates

New laws impacting schools cover a range of topics, from generally mandating that schools place an Automated External Defibrillator (AED) in indoor physical fitness facilities, to increasing the compulsory school age from 16 to 17.

The AED law, P.A. 93-910, specifies that school districts must have a policy on medical emergencies, and have an AED and a trained AED user in each indoor physical fitness facility during school-sponsored fitness activities.

Any district having four or fewer indoor physical fitness facilities must have: at least one such facility in compliance with this law on or before July 1, 2006.

Strict inspection and enforcement provisions, including fines of up to $2,000, are written into the AED law, which took effect on Jan. 1. The Illinois Department of Public Health is in charge of the school inspections.

The new compulsory attendance age law, which generally mandates that schools keep students through age 17, also allows certain students to enroll in graduation incentive programs and lists programs that qualify (P.A. 93-858).

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Election bill also becomes law

Governor Blagojevich signed H.B. 757 (Lyons, E., R-Western Springs) into law on Jan. 21 (P.A. 93-1079). The bill, an initiative of the Illinois Statewide School Management Alliance, with consultation from the State Board of Elections and the county clerks, was an effort to make school board member ballots more understandable. The new law changes how ballots will be configured for the upcoming April 5, 2005 school board member election. The State Board of Elections has mailed packets outlining these changes to all local election authorities and to county clerks.

Other significant new laws taking effect recently included provisions:

• requiring health exams to also collect obesity data (P.A. 93-966)
• containing $1.8 million to finally pay for unfunded school district consolidation costs for last year (P.A. 93-1070)
• outlawing "criminal street gang recruitment on school grounds" (P.A. 93-938)
• requiring the state board to provide for the accurate tracking of transfer students in order to improve dropout rate reports (P.A. 93-859)

The full text of each of these new state laws is available at www.ilga.gov/legislation/default.asp.

Source: Illinois Statewide School Management Alliance, New School Laws 2005, January 2005.

In the final two days of the last legislative session, lawmakers approved several more potential mandates for schools in bills they sent to the governor. Unlike the statutes just discussed, none of these bills has yet become law. [For more detailed information, see Alliance Legislative Report 93-81.

HB 756 (Mendoza, D-Chicago) requires providing breakfast in schools that have at least 40% of students eligible for free or reduced-price lunches.

HB 757 (Lyons, E., R-Western Springs) contains provisions regarding school board elections, high school dropouts, and graduation ceremonies for students with IEPs.

SB 2216 (Sandoval, D-Chicago) creates the "Heartsaver AED Fund," although no state funds were appropriated to it.

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Budget hearings

Lawmakers will craft the Fiscal Year 2006 state budget this spring, and as in the previous two years, Illinois is looking at a significant budget deficit. That means new funds for public elementary and secondary education will be hard to come by. That is, unless state leaders agree to provide a new, reliable revenue stream.

The legislature's economic and fiscal commission has projected a budget deficit of approximately $2 billion.

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Congress extends e-rate for one year only

School lobbyists in Washington, D.C., recently celebrated final passage of H.R. 5419, which renews the "e-rate" program for schools and libraries for another 12 months. The bill was the final measure approved during the 108th Congress. Several senators and their staff attributed adoption to the calls, faxes, emails, and local visits school leaders made on behalf of the program.

The e-rate is a federal program enacted into law in 1996 to give schools and libraries discounts of 40 to 90 percent on Internet access and equipment, and telephone service. The program—which provides nearly $100 million a year to Illinois schools and libraries—is funded by the Universal Service Fee of 7 to 8 percent that appears on all consumers' telephone bills.

For more information, phone: Office of Advocacy, National School Boards Association, 703-838-6735; or fax: 703-548-5613.

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Boards facing significant election deadlines

School board members will be among those officers elected at the April 5, 2005 Consolidated Election. This statewide election is significant because each school district will fill several seats. For that reason board members need to pay close attention to the duties outlined in the election calendar, some of which are described below. For more detailed information, including duties of the board secretary, visit the IASB Web site at www.iasb.com/election07/electioncalendar.htm .

Tuesday, April 26 — Last day for the school board to meet, canvass the precinct returns, declare winners and transmit certificates of results of school board election and any referendum to the election authority.

Also — Board of education is required to immediately transmit a signed copy of its abstract of votes to the election authority with a copy to the State Board of Elections.

Tuesday, May 3 — Last day for the school board to reorganize by seating new members, electing officers and setting a time and place for regular meetings.

Thursday, February 24 — Last day for organizations to register poll-watchers with the election authority.

Tuesday, March 22 — Last day for election authority to have pollwatchers credentials available for distribution.

Tuesday, March 29 — Last day to file a declaration of intent to run for the school board as a write-in candidate at the April 5 election. Within five days after the Board of Education proclaims winners, a successful write-in candidate must file a statement of candidacy and a county clerk's receipt for the Statement of Economic Interests.

Friday, April 1 — Last day for the election authority to have ballots printed and available for inspection by candidates and their agents for the April 5 election.

Source: IASB Web site: www.iasb.com/election07/electioncalendar.htm.

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State gives school boards more time for canvassing, reorganizing boards

School leaders have asked many questions recently about the upcoming school board election over changes in election law concerning the canvassing date for that election. The canvass of votes cast now must be conducted within 21 days of the election, instead of seven days. Another new provision in the law calls for the organization of a school board within 28 days after the consolidated election instead of seven days after.

For more information on the election, please refer to the IASB Web site:

• www.iasb.com/OrganizingBoard.pdf
• www.iasb.com/election07/overview.htm
• www.iasb.com/cal_05.pdf

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Six school districts hold February tax referenda

Six school districts have placed tax increase referendums on the February 22 primary election ballot, although no bond issues are scheduled, based on unofficial preliminary data from the State Board of Elections.

Taking tax increase proposals to the voters are: Gurnee District 56; Harlem CCSD 122; New Lenox District 122; Oak Grove District 68, Bartonville; Oswego CUSD 308; and Palatine CCSD 15. All are education fund increases, except the New Lenox district's, which is an operations and maintenance fund tax proposition.

Palatine apparently is asking for the biggest tax increase, a boost of 48 cents per $100 of equalized assessed valuation, which would raise the annual tax rate for educational purposes to $2.99 per $100.

The February referendum count is in line with totals from previous February primaries. Four tax questions appeared on the February ballot in 2003, compared to six in February 2001 and one in February 1999.

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Schools face notice deadlines for teacher non-renewal

School districts are required by statute to serve written notice 45 days before the end of the school term to probationary teachers who are not being reemployed for the following term. Notice is required 60 days before the end of the school term for any tenured teacher being honorably discharged because of a reduction-in-force (RIF) or the discontinuation of a program.

Notice must be given directly and mailed to the teacher, either by certified mail, return receipt requested, or personal delivery with receipt, along with a statement of honorable dismissal and the reason for it. Under some circumstances these provisions also apply to the dismissal of an administrator. Any employee not properly notified is deemed reemployed.

Because collective bargaining agreements, policies or evaluation plans commonly have their own notice requirements, employers must be careful to meet all of the requirements.

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Governor makes no large plans for schools

In his third annual State of the State address as governor, Rod Blagojevich did not mention the school funding crisis in Illinois public schools, nor did he touch upon the ongoing state budget deficit. The Governor did cite his accomplishments of re-structuring the Illinois State Board of Education, eliminating many rules and regulations, and providing 17,000 more children access to pre-school.

Illinois Senate President Emil Jones, D-Chicago, has vowed to address school-funding reform during the legislative session this spring. "He didn't talk about it, (but) we intend to move forward in the Illinois Senate," said Jones.

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Election officials seek law to keep children away from voters

County election officials want to better ensure student safety by keeping them home and away from schoolhouse voting booths on election days.

Two Illinois organizations representing election officials are calling for state legislation to keep all students home on election day. They say the move would eliminate potential security threats, such as having convicted lawbreakers voting in schools while children are in class.

"You have parents and other people worried about the schools suddenly stripping out all their security procedures for the day and allowing several hundred people to walk in the building and vote," explained Robert Saar, executive director of the DuPage County Election Commissioners.

The proposal to require teacher institute days to be held on election days beginning in 2006, is driven by post-Sept. 11 anxiety about security.

A comparable legislative push back in 2000 ended in a compromise in which schools were asked — but not required — to keep children at home on election days.

About half of the polling places in the Chicago area are in public schools.

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U.S. teens improve math tests, lag in applied math skills

While one new international math test shows America's teens measure up to their peers abroad, another shows that if you ask them to apply math skills to real-world problems, they lag behind. The finding suggests that American schools should place greater weight on real-world problem solving in the teaching of mathematics.

U.S. teens did mostly better than on the original Trends in International Mathematics and Science Study (TIMSS) for fourth- and eighth-graders in mathematics and science. U.S. 4th graders, for example, were 12th of 25 nations in 4th grade math. Variations in scores between all 11 nations ahead of the U.S. and all 13 below were statistically significant differences.

Meanwhile, U.S. 15-year-olds scored poorly on the more recent international test of applied practical math skills, ranking the Americans 24th among 29 industrialized nations. The news media bashed U.S. performance on the test, usually mentioning only the math score and ignoring American students' improved reading scores.

Results of the test, known as the Program for International Student Assessment (PISA), were released on Dec. 6 by the Organization for Economic Cooperation and Development, a group of industrialized nations. The PISA study also found science performance by American teens, rated as average in 2000, fell below average in 2003.

To view the PISA report, visit nces.ed.gov/surveys/pisa/ .

To view the TIMSS report, visit nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2005005 .

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Critics say schools falling behind society in technology use

Just about all U.S. schools are connected to the Internet, yet schools lag behind much of society in using technology, according to a report released in January by the U.S. Department of Education.

Students are seeing significant benefits from the use of technology, the report, Toward a New Golden Age in American Education, says. Generally, more schools today are using technology to provide tutoring, chart student achievement and boost communication.

Yet educators still lack training and understanding about how computers can be used to help students, said departing U.S. Secretary of Education Rod Paige, a frequent public school critic.

"I think that teachers should be required to go to a technology course," the report quotes one student as saying.

The report calls on states and school districts to embrace technology such as broadband Internet access, integrated data systems and online courses.

Many times schools say they lack the money for such technology or training, but the government report essentially rejects that plea. Money for technology can come from reallocating existing budgets and basing all spending decisions on whether they support learning, the report says.

The full text of the National Education Technology Plan is available at www.ed.gov/technology/plan .

Conclusions

The new federal report, Toward A New Golden Age In American Education—How the Internet, the Law and Today's Students Are Revolutionizing Expectations, concludes:

• Students need the competence to compete in a technology-driven world economy.
• This will require new models of education using technology.
• Industry is far ahead of schools in technology usage, and students often are far ahead of teachers.
• This "disconnect" is a major cause of student frustration.
• Public schools ignoring student technology needs risk increasing irrelevancy.
• Alternatives are springing up beyond traditional schools, via e-learning and virtual schools.
• Schools need strong leadership and a willingness to fundamentally restructure the learning environment.
• No Child Left Behind is a powerful catalyst for needed reform.

Today's tech-savvy students

• 28% of high schoolers get foreign news via Internet
• 90% of children ages 5-17 use computers
• 94% of online teens use Internet for school research

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Report bumps Illinois up to 'C-' on school funding

Illinois has finally earned a passing mark in school spending —after four straight years of failing grades — although advocates of funding reform say the improvement results primarily from a change in how the grades are calculated.

Indeed there's little to boast about in the state's C- in funding equity from Education Week, a national education newspaper that annually rates states on the quality of their school systems.

The new study, Quality Counts 2005: No Small Change, Targeting Money Toward Student Performance, was released on Jan. 6 and examined funding in the 2001-02 school year. It ranked Illinois fifth from last, saying the state depends too much on the property tax, which creates a large disparity in funding among districts.

The state placed 33rd in the number of students funded at the national average or better and how far the rest fall below that average. The state spent less than the national average, at $7,710 per pupil in 2001-02, which was a 4 percent increase over the previous school year.

The study ranked Illinois 36th in education expenditures, with 3.6 percent of the state's resources going to education — below the national average of 3.8 percent.

Lawmakers have boosted spending on education by $800 million over the past two years, including additional funding for special-education and low-income students.

Advocates for funding reform acknowledged the improvement but warned it resulted largely from a change in the survey's grade calculation.

The grade no longer includes a "state's equalization effort" — a measure of the state share of school funds and the degree to which the state targets funds to poorer school districts.

"That said, a C- is not a great grade, it's not something to write home about," said Bindu Batchu, manager of the A+ Illinois public education reform campaign.

Today, almost 80 percent of Illinois districts are in deficit spending, and the school spending gap is the largest in nearly a decade, even after adjusting for inflation.

The study gave Illinois marks on other indicators as well, including a grade of C on improving teacher quality and a B- on school climate. The state's highest grade, a B, was earned on standards and accountability.

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Finance snapshot provides short primer on foundation formula

The following Illinois school finance snapshot was published in Education Week on January 6.

Plaintiffs in Illinois have waged two unsuccessful court cases against the state, one in 1996 based on equity, and another in 1999 based on adequacy. The Illinois legislature, however, responded to the cases by creating an Education Funding Advisory Board to review the school finance system and by conducting an adequacy study. The state also has increased education funding by $775 million over the past two years. Illinois pays for education through a foundation formula with a base amount of $4,964 in fiscal 2005, except for districts that can raise 175 percent or more of that amount. Those districts only receive $218 per student. A minimum tax rate is assumed for each district type, but levying the tax is not required for districts to receive state aid. Instead, the state assumes local districts will raise the revenue and adjusts state aid accordingly. The state foundation formula does not include weights or adjustments for student or district characteristics, but the state provides targeted funds through 42 categorical programs. In fiscal 2004, the money appropriated for those programs totaled $1.96 billion. The five largest provide support for transportation, several special education services, and high-cost special education students.

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Schools halve violent crime rate over decade

Crime in the nation's schools, and particularly violent crime, fell between 1992 and 2002, reflecting the decline in the national crime rate, according to the U.S. government's justice and education departments.

Over a ten-year period, school crime dropped from 48 violent victimizations per 1,000 students to 24 per 1,000. Between 1995 and 2003, the percentage of students who reported being a victim of a crime of violence or theft at school also declined — from 10 percent to 5 percent.

The drop in violent crime mirrored the trend outside classrooms — U.S. violent crime was at a 30-year low. Likewise, FBI statistics indicate that the violent crime rate in Illinois for the past three years has hovered at or near its lowest level since 1967.

The report, Indicators of School Crime and Safety, 2004, can be accessed online at both: www.ojp.usdoj.gov/bjs/abstract/iscs04.htm and nces.ed.gov/pubs2005/2005002.pdf .

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IASB offers awards

IASB annually recognizes people and organizations whose actions have contributed to excellence in Illinois education. Recognition is provided through the Harold P. Seamon Award for Distinguished Service to public education. Nominations are sought from now through Apr. 15.

Recipients must have done one or more of the following: 1) displayed exceptional service and commitment; 2) provided innovative approaches to meeting school challenges; or 3) enhanced local governance by boards.

In addition, IASB Honorary Memberships for Exceptional Service are awarded for rendering great service to IASB or to public education.

IASB also offers the IASB Service Award for 25 years of service producing a positive impact through a close affiliation with and direct service to schools, either as an employee or volunteer. Current board members and IASB staff are not eligible recipients.

Submit nominations to: IASB Awards Committee Liaison, 2921 Baker Drive, Spfld, IL 62703-5929, phone IASB, ext. 1139, fax 217/753-2485.

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Illinois school board representatives lobby in DC

A delegation of Illinois school board members and IASB leaders and staff recently attended a three-day lobbying conference in Washington, D.C., including a visit to congressional offices.

The 2005 Federal Relations Network Conference, Jan. 30 - Feb. 1, was sponsored by the National School Boards Association. Illinois participants included: IASB President Ray Zimmerman, Vice President Marie Slater, and past president Christy Coleman. Local school district representatives included: Henry Gmitro, superintendent, CCSD 93, Carol Stream; Michael Kelly, board secretary, Plainfield CCSD 202, Joliet; and Barbara Newmark, board secretary, Aptakisic-Tripp Dist. 102, Buffalo Grove. Executive director Michael Johnson and other IASB staff also attended.

More information from the Conference will be reported in March.

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Warfield announces resignation at IASA

Walter H. Warfield has submitted his resignation from his post as Illinois Association of School Administrators (IASA) executive director, effective June 30, 2006. The organization's board of directors, while expressing appreciation for his 13 years of exemplary service, accepted his resignation during its January board retreat.

Warfield has served since 1992 as executive director of IASA, an organization of 2,000 member school administrators, with 10 staff and a budget of $2 million. With a background in educational finance research, Warfield also had previously served as a teacher, principal, and district superintendent in three separate school districts: Decatur District 61, 1988-1992; Mattoon CUSD 2, 1984-1988; and Fairfield Community High School District 225, 1978-1984.

Warfield became a school district superintendent in 1978 after having served for four years as a principal at Mason City High School in central Illinois, and two years as a research assistant at the center for the study of educational finance at Illinois State University, Normal.

He has served, also, as an adjunct professor of educational administration at two universities: Eastern Illinois University (1986 –1992), and Southern Illinois University (1982 –1983). He has gained national recognition for his service on the board of the Education Commission of the States (1986 –1993), and the Horace Mann League (1998-present).

"I have had the opportunity to observe the work of Dr. Walt Warfield for nearly 30 years. During that time, Walt has provided outstanding leadership for the good of Illinois public education, and he will be missed," said IASB Field Services Director Doug Blair. "His devotion and contribution to Illinois public education, the superintendency, and the membership of IASA have been unparalleled," Blair added.

The IASA board has since appointed a transition team of 14 board members, including IASA President Marleis Trover, superintendent of Vienna District 13-3, and IASA past president Donald E. Weber.

The basic search timeline that IASA will follow will begin with the board selecting a search consultant, to be completed by March 11. The consultant and board will develop a profile by April 27 of the ideal candidate by soliciting member input. Applications will be accepted from May 1 to July 20, with interviews in August and September. The IASA board will then select a finalist on Nov. 18.

Source: IASA.

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NEWS FROM ISBE

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ISBE begins exploring mandatory strategic plan

A new, statutorily mandated strategic plan was among the items discussed when the Illinois State Board of Education met in Springfield on Jan. 12-13. Interim State Superintendent Randy Dunn presented the board with a written outline of broad policy areas that could be goals for the new plan.

Those are: highlighting exemplary practices; enhancing literacy; improving teacher quality and retention; expanding school business and support; building leadership; supporting career and technical education; high school reform; streamlining certification; building partnerships; promoting positive learning environments; improving data-driven decision making; and enhancing regional service delivery.

State board members agreed to begin to rank priorities.

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Corrections window set for 2005 state assessment

To help districts more fully prepare for data corrections for the 2005 state assessments, ISBE has posted a detailed schedule of critical activities and dates online at: www.isbe.net/assessment. Click on the link to the "IL Data SchoolHouse Web Site Correction Windows."

State assessments measure performance against the Illinois Learning Standards. Scores are used to measure AYP under the NCLB.

"It is imperative for school personnel to be available to assist us in the correction process during the dates specified," said interim State Superintendent of Education Randy Dunn. The dates to which Dunn refers are specified on the IL Data SchoolHouse Web Site at www.isbe.net/assessment/htmls/schoolhouse_data.htm.

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NEWS HEADLINES

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East Peoria backs off performance requirements for revenue sharing with local schools from the city's recently increased sales tax, meaning local schools will share up to $800,000 annually in additional revenue (Peoria Journal Star, Dec. 24) … For fear of creating lax security at schools, Illinois election officials push for a state law that would keep students home on election days (Chicago Tribune, Jan. 10) … Two local school boards, Morris Dist. 101 and Morris Dist. 54, hear a presentation from their attorney on a local power plant's still-pending tax appeal from the year 2000 (Morris Daily Herald, Jan. 7) … Vowing to defy legal restraints by retaining his school board seat in Peoria Dist. 150, 23-year-old Rep. Aaron Schock takes the oath of office on January 12 as a member of the 94th Illinois General Assembly (Peoria Journal Star, Jan. 13) … Normal C.U. Dist. 5, looking for an economical way to shorten ride times for bused students, looks at proposals to make teens start their day five to 30 minutes earlier (The Pantagraph, Bloomington, Jan. 13) … An arbitrator rules Woodland Elementary Dist. 50 must rehire aggrieved bus drivers who were fired in a cost-saving move prior to this academic year (Daily Herald, Arlington Heights, Jan. 13) … The Mundelein High School District Board of Education apologizes for an executive session violation after being ordered to release meeting minutes, which the local newspaper then publishes online (Daily Herald, Jan. 12).

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DEVELOPMENTS IN SCHOOL LAW

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By Melinda Selbee, IASB's general counsel

Board members denied immunity in superintendent's dismissal

School officials are reminded by Baird v. Warren Community Unit School District No. 205 to pay particular attention to due process entitlements and other constitutional rights. IASB filed a friend-of-the-court brief supporting the district to no avail: the Seventh Circuit Court of Appeals refused to reconsider its decision that a dismissed superintendent was denied procedural due process rights and that the school board members were not entitled to qualified immunity.

Due process background

As background: the Fourteenth Amendment to the U.S. Constitution bars a school district from depriving any person of "life, liberty, or property, without due process of law." An employment contract is a "property" right protected by the due process clause. Thus, school officials must provide due process to an employee before canceling an employment contract. An employee who feels the due process given was inadequate can bring a federal civil rights action.

The school board in Baird dismissed the superintendent for cause before his contract expired. In the pre-termination hearing, it provided him an opportunity to address the board. The superintendent, believing the process was unfair, shunned the hearing. The Court rejected the district's argument that the superintendent waived his due process rights and held that the board should have given him full trial-type procedural due process. The availability of a post-termination lawsuit for breach of contract was insufficient, the Court ruled, to protect his "present entitlement" to his contractual interests.

Most surprising, however, was the Seventh Circuit's opinion that a reasonable board member would have known his or her conduct was unlawful because the superintendent's procedural due process rights were clearly established. This finding precipitated the court's denial of qualified immunity to the individual board members.

Qualified immunity

In the vast majority of civil rights cases, individual board members are shielded from civil rights liability by the application of "qualified immunity." Qualified immunity will shield board members from personal civil rights liability in most cases. But it won't shield them if their conduct violates a clearly established federal statutory or constitutional right that a reasonable person would know about. [Note this immunity protects school officials in actions alleging civil or constitutional rights violations, whereas The Tort Immunity Act protects them from liability for injuries.]

This is what makes the Baird decision so difficult to accept. As the lower court had held for the district, board members clearly would qualify for immunity. However, the Seventh Circuit, second only to the U.S. Supreme Court in federal court jurisdiction, believed otherwise. It found the board members denied the superintendent clearly established procedural due process rights of which a reasonable person would know.

School board members may be sued in their individual capacities any time the claimant alleges a federal civil rights violation, such as when a student claims an expulsion violated his due process rights or a policy violated her free speech rights. Board members will be shielded from personal liability by the application of qualified immunity, provided they have not denied the claimant of a clearly established federal right of which a reasonable person would know.

In addition to the protections offered by qualified immunity, school officials enjoy the benefits of a requirement in The School Code that districts indemnify board members, employees, and volunteers against civil and constitutional rights damage claims and suits. This indemnification will not, however, provide protection against punitive damages or when an official acts outside the scope of his or her official duties. It is not unreasonable to foresee that punitive damages will be awarded when board members are found to have violated a clearly established federal statutory or constitutional right of which a reasonable person would know. This leaves the individual school official responsible for the judgment unless he or she has alternative insurance coverage.

Follow legal advice

The best way to minimize potential personal liability is by seeking and following legal advice. In addition, board members should follow their policies and allow staff members who are closest to a situation and most knowledgeable of the facts to deal with problems. In Baird, the Seventh Circuit characterized board members' activities as an "on-the-sly investigation" of the superintendent. One wonders if the Court may have been more inclined to grant the board members qualified immunity had it not believed they engaged in these activities.

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