IASB School Board News Bulletin: March, 2006

		ARCHIVES

HOME Return to IASB Archives		School Board News Bulletin March, 2006 This publication is also available as a PDF file ARTICLES New money pledged; sources, programs in doubt State board seeks nominations for Those Who Excel awards Get help with school foundations Districts, staff represented at AASA conference Administrators gather in Springfield next month New law requires stricter supervision of district contracts Fed aid for Title I, IDEA at issue in latest budget 'Educate child; build nation' is FRN theme in '06 New criticism of NCLB keys on uniform standards IASA, Illinois ASBO leadership changes July 1 General session speakers announced for November 'Coming to Order' is geared to better meetings Bill proposes required meals at summer school Grant Park board member is second LeaderShop Fellow Tax propositions, bond issues slated for March 21 election NEWS FROM ISBE ISBE proposal pushes school reorganization options New grant for AP funding offers $100,000 to districts DEVELOPMENTS IN SCHOOL LAW NEWS HEADLINES NEWS FROM IASB 11th annual IASB job fair returns on March 18 District vision is goal for next IASB workshops CALENDAR OF EVENTS Energy costs soar in spite of mild Illinois winter Some districts expect to pay $1 million more for this year's energy bills Winter energy bills are bringing a pain to homeowners, businesses and schools this year, with many schools spending more on energy than they do on textbooks and classroom technology combined. The same concerns – soaring prices for natural gas and heating oil – that have hit consumers hard this winter have been pounding school systems as well. As a result, school administrators are pushing efforts to conserve as much energy as possible, from turning off vending machines overnight to banning personal appliances, such as coffee makers for teachers. The federal Energy Information Administration has forecast that households nationwide will see an average increase of 25 percent in heating bills. Multiplying that by the 3,884 schools that must be heated across Illinois provides the dilemma school officials are facing. Some estimate that it may cost an additional $45,000 per building for winter heating, which would mean the additional cost for heating all Illinois schools would be approximately $175 million. St. Charles CUSD 303 with 17 schools located in the western Chicago suburbs is among those suffering. District officials estimate they'll exceed the district's $1 million natural gas budget by $800,000 to $900,000. School officials say they have worked hard to cut costs and improve energy efficiency – by installing timers that control heating and air conditioning systems and asking people to turn off lights and computers when not needed. "This is expected to save thousands of dollars, although the savings may be dwarfed by the higher energy costs this year," according to Dave Zager, District 303's assistant superintendent for business. Nearby Aurora West CUSD 129 uses radio-transmitter thermometers, devices that give a constant read of the temperature, lighting and humidity in every classroom so that the energy manager can tweak and control the settings, saving the district thousands of dollars. Another suburban district, Oswego CUSD 308, has replaced lighting at most of its 17 schools with more energy-conserving lamps. As with many fixes, though, other problems can arise. "The tradeoff there is that the replacement bulbs are really expensive," admitted one school administrator. However, "We're working with it, trying to get a better price on our bulbs," she said. Above all, however, administrators are adamant that all energy-conserving measures be taken with the students in mind. It doesn't make sense to turn down the heat so much, for example, that students can't concentrate. "We're just trying to make everybody aware of the need to conserve, and let them know how they can help us save. We brought it to people's attention to be very energy efficient with simple little things," said East Richland CUSD 1 Superintendent Marilyn Holt, citing such examples as turning off lights and computers. "Like many conservation steps that we take, we're still aware of the human element," Holt said. Table of Contents State board seeks nominations for Those Who Excel awards The Illinois State Board of Education (ISBE) has issued a call for nominations for the 32nd annual Those Who Excel/Illinois Teacher of the Year Program. Nominations must be postmarked by May 1. This year's program has six nomination categories: classroom teacher school administrator/principal student support personnel (certificated) educational service personnel (noncertificated) school board member/community volunteer team The Illinois Teacher of the Year is selected from among the top winners in the classroom teacher category. Only one nomination is permitted per category, per district, except in Chicago District 299 where multiple nominations are allowed. Thus, for example, each downstate or collar county district may nominate one school board member for the award. For nominator convenience, nomination packets are grouped in several areas, with specific criteria identified for each one (download the packets online by clicking on "download the packets" at: http://www. isbe.net/those_who_excel.htm). The groupings are: Nomination Packet A—Student Support Personnel; Educational Service Personnel; School Board Member/Community Volunteer Nomination Packet B—Classroom Teacher; School Administrator Nomination Packet C—Team The 2006-2007 awards will be presented at the Those Who Excel banquet on Oct. 7, at the Holiday Inn Select in Decatur. For information, contact ISBE's public information office at 217/782-4648. Table of Contents Get help with school foundations School foundation leaders from Connecticut to California will be on hand April 6th & 7th at the Lakeside Center @ McCormick Place in Chicago to lead workshops and share information. This inaugural gathering of school foundation personnel from around the nation, sponsored by the National School Foundation Association (NSFA), will be held immediately before the 2006 NSBA conference that begins on April 8 in Chicago. Board members, superintendents and administrators interested in new funding for schools , and how to create foundations, are encouraged to attend. You'll learn about: Using direct mail, newsletters, and annual reports, presented by Barbara Bartle, Director, Foundation for Lincoln Public Schools Starting a School Foundation: Legal/Technical Advice, presented by Clare McCully, Senior Manager, Graham-Pelton Consulting For more information, or to register for the conference online, visit: www.schoolfoundations.org . Table of Contents Districts, staff represented at AASA conference Superintendents, IASB make presentations and hear education topics The 2006 National Conference of the American Association of School Administrators (AASA) was held Feb. 23-26 in San Diego. Participants conferred about: what's happening in local districts; best practices in leadership, curriculum, technology, governance, school law and more; and school improvement leadership. "The Conference provided a lineup of terrific education speakers who reenergized, inspired and made us ready to return to our districts with information we can immediately use," according to David E. Gee, AASA President. General session speakers included Marian Wright Edelman, founder and chief executive officer Children's Defense Fund; Donald R. Knauss, president and chief operating officer, Coca-Cola North America; and futurist Joel Barker, founder and chairman, The Institute for Strategic Exploration. Illinois school leaders were well represented among conference presenters, including Marleis Trover, superintendent of Vienna District 13-3, and James T. Rosborg, a retired Illinois superintendent. Trover and Rosborg examined "basic needs of the superintendency" in a full-day leadership institute on Feb. 23. Another day-long institute session was offered by Larry Fleming, superintendent of Lincolnshire-Prairie View District 103, and Charlie T. Kent, superintendent of Country Club Hills District 160. The two discussed "ethics and politics for the superintendent." Other institute presenters included Elise S. Grimes, retired superintendent, and Ralph L. Marshall, superintendent of Hononegah CUSD 207. Representing IASB as participants at the conference were IASB director Barbara Somogyi, of Elk Grove District 59; executive director Michael D. Johnson; and deputy executive director Michael L. Bartlett. Field services director Donna Johnson and administrative assistant Judy Niezgoda attended as exhibitors, panelists, and job fair administrators. Aiding them in their job fair duties were: IASB associate executive director John Mannix, senior field services director Doug Blair, and field services directors Dawn Miller, Dave Love and Larry Dirks. Dawn Miller made two panel presentations at the event, as well. Communications administrative assistant Dana Heckrodt also staffed the Association's exhibit. For more information, visit the AASA's Web site. Table of Contents Administrators gather in Springfield next month The IASA School of Professional Development is offering its administrators' academy credit courses as Early Bird Sessions during the organization's conference on April 26. The 2006 Annual Conference of the Illinois Association of School Administrators is scheduled for April 26-28 in Springfield, at the Hilton Hotel and the President Abraham Lincoln Hotel and Conference Center (formerly the Renaissance Hotel). A brief summary of the conference program is available online at: http://www.iasaedu.org/conferences/conf.htm. Featured speakers will include: Jesse H. Ruiz – Chairman, Illinois State Board of Education, Thursday Breakfast - 7:30 to 9:30 a.m. Donald L. Kussmaul, AASA Past President; David Gee, AASA President and S. Brent Clark, IASA Executive Director-Elect, Thursday Afternoon General Session – 2 to 4 p.m. Randy J. Dunn - State Superintendent of Education, Friday Breakfast - 7:30 to 9:30 a.m. In addition, a special reception welcoming S. Brent Clark as IASA executive director-elect will be held on April 27, from 6 to 9 p.m., at the Abraham Lincoln Presidential Museum. For more information about the conference, which annually draws more than 650 school administrators, contact IASA by phone at 217/787-9306. Table of Contents New law requires stricter supervision of district contracts New laws affecting schools cover myriad topics, including one law—Public Act 94-714—that will require school district contracts and agreements generating over $1,000 to be approved by the school board. The law, which takes effect on July 1, will require the board to file a detailed report from each such contract as an attachment to the board's annual budget for the prior year. New laws that took effect in January 2006 included provisions: Providing that a district paying a worker less than stipulated rates under a contract is liable for 50 percent (rather than 20 percent) of such underpayment and is also liable to the worker for increased punitive damages (P.A. 94-488). Removing the requirement that local boards serve as canvassing boards, and requiring the election authority (the county clerk in most areas) to carry out these duties (P.A. 94-647). Requiring schools to provide steroid abuse prevention education to students involved in interscholastic athletics (P.A. 94-14). Table of Contents Fed aid for Title I, IDEA at issue in latest budget President George W. Bush's new budget proposal released on Feb. 7 includes a new $100 million voucher program as well as new math, science, and high school initiatives. But some national education advocates, including National School Boards Association President Joan Schmidt and NSBA Executive Director Anne Bryant, are concerned the new initiatives could take funds away from Title I and IDEA programs. Under the President's budget, Illinois would receive more than $565 million in Title I funding in 2006 for the No Child Left Behind Act, a 5 percent increase over 2005. Yet the NSBA leaders issued a joint statement arguing that the budget request "makes a mockery of the words 'No Child Left Behind'." The President's proposal for Title I, the principle source of federal funding to implement NCLB at the local level, would be funded at about the same level for the third budget cycle. "If the President's proposal is adopted, the program will have been increased by about 8 percent over four budget cycles—hardly a priority," Schmidt and Bryant said. The White House declared that the president's budget provides strong continued support for NCLB, and proclaimed that Title I program spending has grown more than 40 percent since 2001. But NSBA noted that the "forty percent was reached by the addition of: an increase of 18.1 percent in 2002; 13 percent in 2003 with a 5.5 percent increase followed by a 3 percent increase and an actual cut of .2 percent in 2006." The president's proposal for his high school initiative and his plan to advance math and science education would involve NCLB testing and accountability for more grades and subject areas. Funding for these initiatives would be provided by eliminating or diminishing a wide range of programs such as education technology, and the Safe and Drug Free Schools program, according to NSBA. In addition to eliminating education technology grants, the budget proposal would eliminate vocational education state grants at a loss of $1.3 billion. That money is now used to provide training through career and technical education programs for high school students. Table of Contents 'Educate child; build nation' is FRN theme in '06 Delegates to NSBA's 2006 Federal Relations Network Conference focused on the children they represent by taking colorful cardboard cut-outs of kids bearing their message to Capitol Hill. Thirteen Illinois delegates joined 825 others from around the country to lobby members of the U.S. Congress on Feb. 7. The lobbying day culminated three days that armed delegates with information about their four major messages: fix NCLB; fully fund NCLB and IDEA; defeat school vouchers; and support school technology through E-rate. Their message this year was tied together with one theme: educate each child, build a nation. While in Washington, members of the Illinois delegation met personally with Rep. Judy Biggert (R-13) of Hinsdale, and Rep. Jerry Weller (R-11) of Morris. They also met with staff representing Senator Richard Durbin, Senator Barack Obama, Rep. Dennis Hastert (R-14) of Plano, Rep. Lane Evans (D-17) of Rock Island, Rep. Mark Kirk (R-10) of Highland Park, Rep. John Shimkus (R-19) of Collinsville, and Rep. Tim Johnson (R-15) of Champaign. Board members cited specific cases where funding levels have been shorted, the budget deficits facing Illinois schools and the resulting negative impact. Attending from Illinois were: Michael Johnson, IASB executive director; Marie Slater, IASB president, Wheaton-Warrenville CUSD 200; Ray Zimmerman, IASB immediate past president, Flanagan CUSD 4; Mark C. Metzger, IASB vice president; Ben Schwarm, IASB associate executive director for governmental relations; Kevin Bell, IASB assistant director of governmental relations; John Mannix, IASB associate executive director; Linda Dawson, IASB director of editorial services; Tariq Butt, Chicago Public Schools; Christy Coleman, Geneseo CUSD 228; Victoria Eggerstedt, Plainfield CCSD 202; Michael Kelly, Plainfield CCSD 202; and Barbara Newmark, Aptakisic-Tripp District 102, Buffalo Grove. The four specific issues that delegates carried with them this year were: Fix NCLB by supporting NSBA's legislation designed to improve, but not avoid, accountability; Fully fund NCLB and IDEA so that children are not left behind; Defeat school voucher legislation; and Enact legislation that would permanently exempt E-Rate funds from Anti-Deficiency Act mandates. Table of Contents New criticism of NCLB keys on uniform standards Negotiations by states threaten law's integrity; civil rights study says A new national study contends the Bush administration's signature education policy achievement, the No Child Left Behind Act, is a failure. The study, released in February by Harvard University's Civil Rights Project, also charges that the U.S. Department of Education has negotiated individually with states, thus nullifying any uniform standard of accountability intended by the 2001 law. The administration went from strict interpretation and enforcement of the controversial law in its first two years to state-by-state policy changes by 2005, so that today, no two states are subject to the same requirements, according to the study, which also compares NCLB "highly qualified teacher" rule waivers in Illinois and five other states. NCLB contains tough accountability provisions requiring all students to meet the same achievement goals, with sanctions for schools that do not meet the standards. But myriad state waivers and amendments have cut the number of schools and districts identified as needing improvement, while giving states too much flexibility in how to determine progress and goals for students who are learning disabled and have limited English proficiency, the study says. "These changes reflect a political strategy by the administration to respond to the growing state opposition to the law by providing relief from some of the law's provisions. But they are also a concession by [Education Department] officials that NCLB is not working" and is inconsistent, according to the study, "The Unraveling of No Child Left Behind: How Negotiated Changes Transform the Law." Illinois State Superintendent of Education Randy Dunn recently criticized NCLB on opposite grounds, stating: "…one of the concerns I've had with the No Child Left Behind Act is the target for all students to meet or exceed the Illinois Learning Standards by 2013-14. While I believe that every child can learn and show progress over time, it is NCLB's lockstep approach that makes me uncomfortable." A summary of the report, and a link to the entire report, is available online at: http://www.civilrightsproject.harvard.edu/research/esea/nclb_unraveling.php. For information, contact IASA at 217/787-9306. Table of Contents IASA, Illinois ASBO leadership changes July 1 Superintendents at Geneva, Belleville are association executives Michael A. Jacoby, currently superintendent of schools for Geneva CUSD 304, was recently selected as the new executive director of the Illinois Association of School Business Officials (Illinois ASBO). Jacoby will assume his duties effective July 1, upon the retirement of executive director Ronald E. Everett. Jacoby's ascent to the top executive post at Illinois ASBO will coincide with a similar change at a sister organization, as S. Brent Clark, superintendent of Belleville THSD 201, takes the reigns of the Illinois Association of School Administrators (IASA). Clark will succeed Walter H. Warfield, who announced his retirement early last year after 13 years at the helm of IASA. Like IASB, both IASA and Illinois ASBO are voluntary statewide school management associations. All three are members of the lobbying group known as the Illinois Statewide School Management Alliance, which also includes the Illinois Principals Association (IPA). IASB, IASA and Illinois ASBO are co-sponsors of the Joint Annual Conference, the state's largest yearly conference of school leadership officials. Jacoby has been a leading educator in Illinois for the past 26 years. He began his career as a teacher at Morris Community High School and moved to Geneva in 1986, where he served as the assistant superintendent for business for 16 years before taking on the role of superintendent four years ago. According to Ernie Tonelli, president of Illinois ASBO and assistant superintendent for finance at Frankfort CCSD 157C, Jacoby is well qualified for the job. "He has a thorough understanding of the educational system and institutions in Illinois and he understands them from both a fiscal standpoint and a curriculum standpoint." Jacoby's leadership abilities were critical in the decision to appoint him executive director, according to Tonelli. "The key thing is that he is a leader rather than a manager," said Tonelli. "Anyone can manage, but it takes a certain type of person to lead an organization that has over 2,000 members." Over his many years as a school leader, Jacoby has also become nationally known through his professional work with the Association of School Business Officials International and as a past president of the Illinois ASBO. He is currently an adjunct professor for Northern Illinois University, teaching school finance and collective bargaining to school leaders, and has also taught for Loyola University and Aurora University. He currently serves as treasurer of the Large Unit District Association (LUDA) and has been a leading voice for change in school funding in Illinois. Jacoby says he will "focus on maintaining and strengthening Illinois ASBO relationships with other organizations in Illinois," under the momentum established by his predecessor Ronald E. Everett. Everett has been executive director of Illinois ASBO for more than two decades. Table of Contents General session speakers announced for November This year's Joint Annual Conference will be held Nov. 17-19 in Chicago. Featured speakers will include: Troy Evans, 1st General Session, is an acclaimed motivational speaker who was convicted of armed bank robbery in 1992, but while behind bars he turned his life around through education. Evans will explain how the keys to his turn-around success can be applied to others. Erin Gruwell, 2nd General Session, is a former two-time California Teacher of the Year who helped nearly 150 inner-city students use the power of education to write a book, graduate and go on to college. She founded the Erin Gruwell Education Project (www. gruwellproject.org), a non-profit organization that helps enable her former students to attend college. Bob Ash, 3rd General Session, founded his own training firm in 1995. Since then he has provided training to over 750 organizations and businesses, numbering over 230,000 people. Until 1995 he was a teacher, principal, and superintendent. Ash provides a highly enjoyable learning experience. Table of Contents 'Coming to Order' is geared to better meetings A new book designed to help school boards have better meetings has been published by the Illinois Association of School Boards. Coming to Order—A Guide to Successful School Board Meetings is designed for boards that hope to use their meetings to reach a higher level of performance as well as those that simply need a cure for bad meetings. A complimentary copy was mailed to superintendents in IASB member districts in late February. The new book represents a staff-written update of an out-of-print IASB publication, Successful School Board Meetings. Like the older book, the new version explains how to plan and conduct meetings that fulfill the needs of the individual school board. The new version, however, takes the board meeting beyond compliance with legal requirements to meetings that serve the interests of both school and community. The 92-page book includes 11 chapters and an extensive appendix. The chapters are: 1 – The Importance of Good Meetings explains why a school board must use meetings to achieve its aims. 2 – The Agenda – A Road Map to Success explains how to construct an agenda that enables the board to transact urgent business efficiently and reserve most of the time for important board matters. Various agenda formats are offered along with explanations of the consent agenda and more. 3 – Legal Requirements for Meetings reviews the requirements of the Open Meetings Act and the School Code as they bear on various types of meetings, committees, public notices, minutes and board procedures. 4 – Planning the Meeting shows how to structure a meeting to achieve different purposes. This chapter explains the importance of the board packet, ways to arrange the meeting room, and how to accommodate public participation and needs for security. 5 – Roles and Responsibilities looks at the jobs of the board president, secretary, superintendent, individual board members and the board attorney. 6 – Conducting the Meeting walks the reader through a typical board meeting and offers alternatives for taking action and reaching decisions. 7 – Recording the Meeting explains the work of the board secretary—the recording and safekeeping of board meeting minutes and related documents. 8 – Inviting the Public to the Meeting focuses on public participation at both regular meetings and special hearings and provides insights into the handling of common problems. 9 – Working with the News Media offers tips on how to get accurate news coverage and avoid misunderstandings. 10 – The New Team: Reorganizing the School Board shows how to properly seat new members, elect officers and organize the new board following each biennial election. 11 – Evaluating the School Board Meeting offers suggestions on how to keep the board sharp at conducting meetings. Special topics addressed include: avoiding common time wasters, parliamentary procedure, ways of making decisions, myths and truths, the use of e-mail, orienting new members, filling vacancies and dealing with pressure groups. The book targets both new and experienced board members and should be especially useful to board presidents, secretaries and superintendents. Coming to Order—A Guide to Successful School Board Meetings, published by the Illinois Association of School Boards, 2006; 92 pages, soft cover, ISBN 1-880331-18-7. Price: $20 ($15 for members). Table of Contents Bill proposes required meals at summer school The Illinois House recently waived the bill-posting requirements for HB 5547 (Berrios, D-Chicago), a bill to require schools to provide food service in the summer. By waiving the posting requirements, the House allowed the bill to be sent to committee even though it had missed previous deadlines. The bill, which is opposed by the Illinois Statewide School Management Alliance, was then approved in committee on Feb. 15. It would require each school district that has at least 50 percent of its students eligible for free or reduced-price school meals to implement a summer food service program. That requirement would take effect in the summer of 2007. If a school is not open during the summer months, the board of education may identify a not-for-profit entity willing to sponsor a summer food service program serving school-aged children in the surrounding school area. The school may also be encouraged to help in documenting the number of children in the area who are eligible for free or reduced-price school meals. "The school district would receive only the allowable federal reimbursement for the cost of the meal. This is an unbelievably expensive new mandate," according to Alliance lobbyist Ben Schwarm, director of IASB's governmental relations. "The proponents' intentions are to eventually require all schools to provide breakfast during the school year, and meals during the summer," he added. Table of Contents Grant Park board member is second LeaderShop Fellow Dale Hansen, board president, Grant Park CUSD 6, has become IASB's second School Board LeaderShop Fellow. He attained this honored status by fulfilling the requirements of participating in seven LeaderShop core workshops and five LeaderShop elective courses. In fact, Hansen has completed 11 elective courses, including all five courses offered over the Web via the IASB Online Learning Center. As a Fellow, Hansen will be awarded a special plaque at this fall's Three Rivers Division meeting and will be asked to serve in an advisory capacity to IASB around effective governance issues. School Board LeaderShop is a series of workshops and other opportunities for school board networking and learning. The programs provide the knowledge, skills and resources board members need to grow both personally and in their ability to provide sound school district leadership. And they provide a coherent path to higher levels of competency and performance for school boards for a modest investment of time and money. "It really is not too difficult, you just have to keep at it," according to Hansen. School Board LeaderShop programs fall into two categories: 1) core programs directly relating to principles of effective school district governance; and 2) elective programs focusing on additional board and board member skills that promote effective school district leadership. According to Angie Peifer, IASB's School Board Development Senior Director, programs in both categories are offered at regular intervals in four-year cycles that coincide with the typical four-year term of office of board members. In addition, some programs are offered every other year to accommodate board turnover following the biennial election, and others are offered every year. School board members who participate in this continuous learning and professional development program are able to earn and maintain membership in the School Board LeaderShop Academy. This designation promotes and recognizes board members who work their way through the School Board LeaderShop curriculum. Upon the completion of seven core and five elective programs, Academy members are recognized as Academy Fellows. Hansen joins Eugene Wroblewski, Argo CHSD 217, as a recipient of this honor. To learn more about IASB's School Board LeaderShop and how you can earn LeaderShop Academy and Fellow status, visit the IASB Web site at: http://www.iasb.com/leadershop.htm. Table of Contents Tax propositions, bond issues slated for March 21 election Numerous school finance referendums, including both tax and bond issues, will top the March 21 primary election ballot. Of the numerous tax propositions to be decided, most appear to be education fund increase proposals, with only a handful of operations and maintenance fund increase proposals and transportation fund tax increases. Some of the tax increases on the ballot include proposals for a: 55-cent increase in C.U. Dist. 300, Carpentersville 53-cent increase in Lincolnshire-Prairie View District 103 40-cent increase in Mundelein CHSD 120 39-cent increase in Winthrop Harbor District 1 35-cent increase in Waterloo CUSD 5 30-cent increase in Elmhurst CUSD 205 25-cent increase in Barrington CUSD 220 24-cent tax increase in McHenry CCSD 15 Most bond issues seek approval to issue bonds for new construction. Bond proposals on the ballot range in size from as high as $185 million for building bonds in C.U. Dist. 300, Carpentersville, to as low as $3.75 million for Working Cash Fund Bonds in Fox Lake District 114. Other significant bond issues call for proposed new debts of: $124.6 million in Indian Prairie CUSD 204, Naperville $107.1 million in Barrington CUSD 220 $86 million in St. Charles CUSD 303 $45.6 million in Antioch CUSD 34 $41 million in Elmhurst CUSD 205 $35 million bond issue in Waterloo CUSD 5 $34 million in Central C.U. Dist. 301, Burlington $32 million in Glenbard THSD 87, Glen Ellyn $22 million in Fremont District 79 $17 million in Round Lake CUSD 116 Voters also will decide the fate of at least one school district consolidation plan, a proposal to consolidate Prairieview CCSD 192 and Ogden CCSD 212. An overview of election results will be reported in the April Illinois School Board Newsbulletin. For more information visit the Illinois State Board of Elections' Web site at: http://www.elections.state.il.us. Table of Contents NEWS FROM ISBE ISBE proposal pushes school reorganization options The Illinois State Board of Education on Jan. 19 voted unanimously to approve a legislative proposal for streamlining and improving school district reorganization. The hope is to encourage and make easier the process for reorganizing. There are three basic plans: 1) allowing elementary districts located in the same high school district to consolidate, even if not contiguous; 2) forming a unit district within a high school district through consolidation with any feeder elementary district approving consolidation; and 3) allowing a high school district to join with a unit district as long as the two are contiguous. Table of Contents New grant for AP funding offers $100,000 to districts ISBE recently introduced a new grant offering to school districts, averaging $100,000 per awarded district, for Advanced Placement (AP) funding. Called Advanced Placement Classes – College and Career Success for All Students, it will fund programs aimed at expanding and improving AP and pre-AP programming in low-income districts. ISBE will fund $1.5 million in grants to encourage districts with a high percentage of low-income students to provide the rigorous coursework needed by at-risk students. The grant period will begin by March 7. Funding will likely be available for two additional years. To apply, a district must have 40 percent or more of its students eligible for free or reduced-price lunches. For further information contact Lou Berkman at 312/814-3853, or by email at lberkman@isbe.net. Additional information is also available at http://www.isbe.net/curriculum/html/advanced_placement.htm . Table of Contents DEVELOPMENTS IN SCHOOL LAW *by Melinda Selbee* Statutory exemptions protect performance evaluations, other info Personnel file information is exempt from a request for disclosure under the Freedom of Information Act (FOIA). But what if the requested record concerns an issue on which there is significant public interest, such as whether the superintendent is doing a good job? Does the public have the right to see the performance evaluation of a suspended superintendent? The Illinois Court of Appeals faced this issue in Copley Press, Inc. v. Bd. of Ed. for Peoria Sch. Dist. No. 150, 834 N.E.2d 558 (Ill.App.3, 2005). It upheld the school board's refusal to disclose the records. During the summer for 2004, the Peoria school board placed the district's then-superintendent on a paid administrative leave, with the intention of buying out the remainder of her contract. The board based its decision on two performance evaluations. Upon the superintendent's request for written justification, the board sent her a letter explaining the reasons for its action. The Copley Press and Peoria Journal Star filed a FOIA request seeking these documents. The school board refused to disclose them because they were part of the superintendent's personnel file. Documents requested pursuant to FOIA must be disclosed unless the information is covered by a statutory exemption. One of the exemptions in Section 7 states: (b) Information that, if disclosed, would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy. Information exempted under this subsection (b) shall include but is not limited to: (ii) personnel files and personal information maintained with respect to employees, appointees or elected officials of any public body or applicants for those positions.... The newspaper argued that the personnel file exemption is limited to material that, if disclosed, would constitute an unwarranted invasion of personal privacy. It asserted that the requested documents concerned the superintendent's public duties, and thus their disclosure would not be an invasion of personal privacy. While this reasoning persuaded the trial court, it was rejected by the Court of Appeals. If a document falls into a statutory exemption, it is absolutely exempt from a FOIA request and no further inquiry is made. The extent of the record's exemption is not a matter of inquiry. Earlier decisions suggested that a balancing test be used to determine "unwarranted invasion of personal privacy," i.e., that the public's interest be balanced against the private or personal nature of the information to see which is greater. Such a balancing of interests is inappropriate, according to the court, when a document is covered by a statutory exemption. Here, if the requested documents fit within the personnel file exemption, they are exempt from disclosure regardless of whether they concern a matter of significant public interest or the evaluation of public duties. The only remaining inquiry was whether the documents – the two performance evaluations and the letter explaining the reasons for the suspension – were properly placed in the personnel file. The court, using the plain and ordinary meaning of "personnel file," found that personnel files could reasonably be expected to contain the requested documents. The court found support for its conclusion in the Personnel Record Review Act. This legislation generally grants an employee the right to inspect any "personnel documents which are, have been or are intended to be used in determining that employee's qualifications for employment, promotion, transfer, additional compensation, discharge or other disciplinary action." The Act restricts an employer's ability to use record information in any proceeding in court or before a hearing officer that was not included in the personnel record. Thus, a board must place performance evaluations in the respective employee's personnel file in order to use them in a proceeding in court or before a hearing officer. The court also considered whether its conclusion was consistent with the Open Meetings Act. The court said: Section 2 of the Open Meetings Act permits public bodies to hold closed meetings to determine, among other things, "[t]he appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body." [citation omitted] Thus, under the Open Meetings Act, the Board could properly meet in closed session to consider [the superintendent's] performance, discipline and dismissal, exactly the information contained in the requested documents. The effect of the trial court's holding would be to nullify this exception to the Open Meetings Act once the content of the closed meeting is reduced to writing. Our determination that the documents are exempt from disclosure under the FOIA construes the two statutes consistently and harmoniously. The court upheld the board's denial of the FOIA request. The requested material was properly placed in the superintendent's personnel file and was, therefore, exempt from disclosure. How this applies to you: The outcome in this case is easy to understand and follow: personnel file information is exempt from a FOIA request provided the information is properly part of a personnel file. Rather than being concerned with whether the public interest outweighs the private or personal nature of the information, a board need only determine if the information is appropriate for a personnel file. This decision is a reminder to review what is maintained in personnel files: Board policy, administrative procedures, and collective bargaining agreements provide guidance on requirements. While personnel file information is not subject to a FOIA request, an employee has the right to view his or her personnel file contents, with a few exceptions. Thus, personnel files should contain only factual and accurate job-related information. A school board's attorney can provide guidance on what records must or should be kept in personnel files. Table of Contents NEWS HEADLINES Chicago (Feb. 2, Chicago Tribune) A judge gave the green light to a lawsuit challenging a school reform effort called Renaissance 2010 that aims to close "chronically underperforming" schools and open 100 independently run Chicago public schools by 2010. At issue is whether the district has adequately provided transitional help to displaced homeless students. Chicago (Feb. 2, Chicago Tribune) Chicago District 299 announces it will have to slash spending in special education, magnet schools and high school programs, eliminating hundreds of classroom jobs while making at least $77 million in budget cuts. Freeburg (Feb. 18, Belleville News-Democrat) District 77 school board members unanimously approved Lauren Benson, an 18-year-old senior at Freeburg High School, to join the board. The district adopted a policy in January to appoint a non-voting advisory member to the school board following a state law enacted in July permitting the move. Gavin (Jan. 19, News Sun, Waukegan) After occupancy permits were issued, more than 400 students were allowed to return to Gavin Central School, which had been closed for about 22 months to repair structural problems with the roof. Grayslake (Feb. 8, News Sun, Waukegan) Teachers in Elementary District 46 won't be staying after school — not for homework help, makeup tests or volunteer club work — until they receive what they claim is their contractual due. The labor action calls for union members to cease all voluntary activities at school. Gurnee (Jan. 19, Daily Herald, Arlington Heights) Board members' private discussions were publicized as a result of a lawsuit settlement. A board transcript released to the news media unveiled District 121 board members' closed-door debate of a request to allow two students to wear their Marine uniforms at last year's graduation. Libertyville (Feb. 13, Daily Herald, Arlington Heights) Rondout Elementary District 72 struck a last-minute deal with the local teachers organization, averting a threatened strike. In its last preceding negotiations meeting, board representatives had met all night with teachers in a 13-hour bargaining marathon. Mundelein (Feb. 9, The Daily Herald, Arlington Heights) Mundelein Elementary District 75 announced it might use a computer lottery to determine where more than 400 students will attend class next year. The recommendations were announced by an ad hoc committee of educators and parents who are part of an effort to balance the number of low-income students in the district's three schools. Naperville (Feb. 2, Chicago Tribune) Controversy raged at an Indian Prairie District 204 Board of Education meeting as board members openly debated three options available for new high school boundaries. Peoria (Feb. 7, The Journal Star, Peoria) District 150 Superintendent Ken Hinton told the board he wants to hire a consultant to evaluate district security before he decides whether to recommend metal detectors at each high school. Plainfield (Feb. 10, Chicago Sun-Times) Plainfield District 202 temporarily reassigned a principal at Liberty Elementary School in Bolingbrook pending the resolution of allegations of discrimination by school administrators. Streator (Feb. 7, The Times, Ottawa) The Woodland School Board decided to switch from an eight-block scheduling system to a more traditional eight-period school day. The resulting increased course availability is said to be necessary to keep up with the shifting requirements of the federal No Child Left Behind Act. Table of Contents NEWS FROM IASB 11th annual IASB job fair returns on March 18 The 11th annual IASB Job Fair for teachers, administrators and education majors will be held from 9 a.m. to 2 p.m. on March 18 at Saint Xavier University, Shannon Center, 3700 West 103rd Street, Chicago. Advance registration and a $300 fee are required for participating districts. For more information, contact Bridget Trojan at IASB. Reach her via e-mail at btrojan@iasb.com or call 630/629-3776, extension 1236. Space is limited. Table of Contents District vision is goal for next IASB workshops IASB is offering three LeaderShop professional development opportunities in March and April on the school governance topic of uncovering a community vision. All three LeaderShop workshops will deal with "The Board's First Responsibility: Detecting and Communicating a Compelling Vision." Subtopics covered are: mission, vision, strategic plans, and goals. This workshop is designed to help boards develop a process and a plan for identifying and clarifying their district ends based on community values and aspirations. Workshops will be offered: March 18 – Doubletree Hotel Alsip March 25 – Holiday Inn Select, Decatur April 29 – John A. Logan College, Carterville Tuition is $175 per person, which includes materials and meals. Registration must be received two days before each workshop. Register online by visiting www.iasb.com or get your registration forms by calling IASB at 217/528-9688 or 630/629-3776, ext. 1103. Table of Contents CALENDAR OF EVENTS March 15 – DuPage Division Spring Dinner Meeting, The Carlisle, 6 p.m. March 18 – 11th Annual IASB Job Fair for Teachers, Administrators and Education Majors, The Shannon Center of St. Xavier University, Chicago, 9 a.m. to 2 p.m. March 18 – The Board's First Responsibility: Detecting and Communicating a Compelling Vision Workshop, Doubletree Chicago Alsip, 8:30 a.m. – 3 p.m. March 21 – General Primary Election March 23 – Kishwaukee Division Dinner Meeting, Elgin, 6 p.m. March 23 – West Cook Division Spring Dinner Meeting, The Elmcrest, Elmwood Park, 6 p.m. March 25 – The Board's First Responsibility: Detecting and Communicating a Compelling Vision Workshop, Holiday Inn Select, Decatur, 8:30 a.m. - 3 p.m. March 28 – Two Rivers Division Spring Dinner Meeting, Carrollton CUSD 1, 5:30 p.m. March 30 – South Cook Division Spring Dinner Meeting, Hickory Hills Country Club, Hickory Hills, 6 p.m. April 8-11 – National School Boards Association Annual Convention, Chicago April 10 – Hearts for Hurricane Relief, 6 p.m., Mortons, The Steakhouse, Chicago April 16 – Easter April 26-28 – IASA Annual Conference, Hilton and Renaisssance Hotels, Springfield For more information about coming events, see the IASB Web site at www.iasb.com/calendar/ Table of Contents Illinois Association of School Boards This newsletter is published monthly by the Illinois Association of School Boards for member boards of education and their superintendents. The Illinois Association of School Boards, an Illinois not-for-profit corporation, is a voluntary association of local boards of education and is not affiliated with any branch of government. James Russell, Director of Publications Gary Adkins, Editor 2921 Baker Drive Springfield, Illinois 62703-5929 (217) 528-9688 One Imperial Place 1 East 22nd Street, Suite 20 Lombard, Illinois 60148-6120 (630) 629-3776 Table of Contents COPYRIGHT NOTICE -- This document is copyrighted © by the Illinois Association of School Boards. IASB hereby grants to school districts and other Internet users the right to download, print and reproduce this document provided that (a) the Illinois Association of School Boards is prominently noted as publisher and copyright holder of the document and (b) any reproductions of this document are disseminated without charge and not used for any commercial purpose. IASB ARCHIVES HOME Illinois Association of School Boards 2921 Baker Drive Springfield, Illinois 62703 One Imperial Place 1 East 22nd Street, Suite 20 Lombard, Illinois 60148