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School Board News Bulletin
March 1996

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Edgar budget contains $163 million more for schools

The Governor recommended that 73 percent of all new appropriations next year go to elementary, secondary and higher education.

The Edgar budget hinges on a riverboat gambling tax restructuring plan that would produce an additional $67 million in state revenue. Specifically, Governor Edgar proposed a graduated tax on riverboat gambling. Legislative leaders immediately raised doubts about the prospects for adopting this new revenue proposal.

The Governor seeks to fund roughly 99 percent of the budgetary requests of the Illinois State Board of Education (ISBE). Total appropriations for elementary and secondary education in Fiscal 1997 under the Governor's plan would be $4.1 billion, a $454 million increase from last year.

Education lobbyists noted that education has received, by far, the largest proportion of increased appropriations for each of the past three years.

Based on statistical estimates, the foundation level will be roughly $3,050 if lawmakers meet the ISBE funding request for General State Aid. The ISBE, however, has not yet amassed complete data on pupil count and EAV. Once the data is available the ISBE will make a more precise foundation level estimate.

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Technology is a top priority

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TIF reform bill introduced, anti-TIF strategy outlined

Take S.B. 1379, for example, sponsored by Sen. Robert Raica (R., LaGrange). The bill aims to give schools in a TIF district a 50 percent share of "that portion of taxes attributable to the increase in the current EAV" that would have been received by schools had a TIF not existed. Thus school districts in TIF districts would no longer have to wait decades to obtain their fair share of revenue derived from natural growth in property value.

The bill is now in the Senate Rules Committee.

Meanwhile, as schools await long-sought-after reforms in TIF legislation, some school leaders have come up with creative new strategies for protecting their schools from TIFs. One superintendent suggests that when a local municipality is contemplating new or amended TIF districts the school district should sue or threaten to sue. Such action will effectively limit the TIF's access to insurance for the TIF bond sale.

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NEWS FROM IASB

Attending from Illinois:

Elizabeth Eichelberger (Plainfield CCD 202), Renee Kosel (Lincoln-Way CHSD 210), Stan Morgan (Bismarck-Henning CUSD 1), Fredi Beth Schmutte (Aptakisic-Tripp CCSD 102), Barb Wheeler (Downers Grove HSD 99), Jerry Eiffert (Mt. Zion CUSD 3), Gerri Long (Lombard SD 44), Nancy Pesz (Wauconda CUSD 118), Jay Tovian (Villa Park SD 45).

Although visits with Representatives were difficult this year because the House was not in session, many contacts were made with congressional offices. On Tuesday, February 6, FRN members visited the offices to discuss school funding and budget implications, special education, block grants and mandate relief. Some congressmen were available, other meetings were held with legislative aides.

The Illinois FRN delegation met privately with Senator Paul Simon, and with an aide to Senator Carol Moseley-Braun. A few of the Illinois attendees also were able to spend some non-scheduled time with Governor Jim Edgar, who was at the same hotel to attend the National Governors' Association. All such contacts are invaluable in school boards' advocacy of public education.

Following a Monday afternoon schedule of sessions delving deeper into specific education issues, participants gathered for a special panel called "Putting Children First." Members of the panel were First Lady Hillary Rodham Clinton, Illinois Senator Paul Simon and U.S. Congressman Mark Souder (R-IN).

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Lovern to join IASB staff.

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Drug/Alcohol Testing Consortium thrives.

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Schools to get funds from Licensing Cooperative

The ISLC was formed in 1994 to identify and develop non-traditional sources of private-sector money for schools in Illinois. The ISLC developed the Schoolmate affinity credit card program in cooperation with MagnaBank and it is the flagship program of the Cooperative.

Questions about the program and requests for the credit card applications may be directed to the ISLC office at 217/787-4342.

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RESEARCH REPORTS

Source: Association of California School Administrators, EDCAL, February 19, 1996.

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New report catalogs ways private schools play by different rules than public schools.

The report, Different Rules; The Myth of Competition Between Public and Private Schools in Kansas, is published by the Kansas Association of School Boards. The authors list 18 mandates public schools encounter that lead to higher operating costs than private schools. One difference: "mandatory collective bargaining increases teacher salaries and benefits, which are 90 percent of instructional costs" in the public schools. Another difference: the public schools must provide "appropriate special education services . . . to all qualifying students," but private schools face no such requirement.

If the two systems "are truly going to be expected to produce the same results at similar costs, then the laws and regulations governing both systems should be the same." Either the special rules and restrictions on public schools should be lifted, "or private schools should be required to comply with public school laws . . . to receive public support."

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More schools get Internet access.

Funding is the main barrier to using computers and on-line services as instructional tools, according to over 50 percent of all schools surveyed. The study was conducted by the National Center for Education Statistics (NCES). Some other key findings:

• Only 9 percent of public school "classrooms" have access to the Internet. Yet this is triple the percentage found just two years ago. For purposes of the study the term "classrooms" includes school libraries, laboratories and traditional classrooms.

• Just 31 percent of schools primarily serving poor families have access to the Internet. That compares badly to the 62 percent of schools serving relatively few poor families. Schools with 71 percent or higher eligibility for free or reduced-price lunches were classified in the group "primarily serving poor families." Those with less than 11 percent eligible were classified in the group "serving relatively few poor families."

• Internet access is also a function of school enrollment size ranging from 39 percent for schools with fewer than 300 students to 69 percent for schools with 1,000 or more students.

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Illinois charter schools pilot program approved

Under the new legislation, schools that apply for charter status may operate for three to five years after initial approval by the state, with five-year charter renewals available. Charter schools would be held accountable for meeting specific goals, with student academic results being the foremost goal.

Under the plan, the state can award charters to school districts, community or parent groups or business organizations.

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THE NATIONAL SCENE

The revised voucher plan is expected to fare better than the Republican governor's first voucher plan, which was "derailed by a Senate subcommittee" in early February, the paper said. According to the newspaper, the plan was to be presented to the St. Paul school board.

Source: National Education Goals Panel, Daily Report Card, February 16, 1996.

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Vouchers considered for DC.

The bill also would create charter schools with local monies and an appointed "super board" to work independent of the elected school board on the school systems' financial problems. The D.C. Council would have to approve the voucher program before it could be implemented.

The majority party's voucher plan, which failed on a test vote in the Senate, has tied up the entire 1996 D.C. budget of $4.9 billion for months.

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Catholic bishops eye educational reform.

The bishops' statement of principles appears, in part, to be "an elegant rationale and an advocacy strategy to obtain public funding" for non-public schools. That is the reading NSBA Executive Director Tom Shannon gives to the publication. Shannon sees one big surprise in the bishops' statement. That "is the apparent willingness to allow some form of monitoring of the instructional and other programming of Catholic and other private schools in return for accepting the benefits of public funding to ensure that they indeed offer `quality programs' and do not `teach or practice intolerance.'"

Shannon wonders, however, whether such monitoring, "and its ultimate expansion to all aspects of the instructional program . . . [including] full disclosure is congenial to the mission of private schools . . ."

Another issue addressed in the bishops' statement is a call for universal, high-quality education. The bishops express their belief, as well, that true quality public education must address the moral and spiritual needs of students. A primary aim should be to teach "shared values and still avoid teaching a specific religious faith," the statement says.

The bishops' statement (Publication No. 5-071) is available from the U.S. Catholic Conference at 800/235-8722.

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Equity grant winners to go online to promote educational equity.

Participants identified the use of the Internet and other technology as the primary method to inform America about their research on educational equity. The grantees also will share their research with others through the Center's newsletter, Word.

The WEEA Equity Resource Center obtains federal support under a contract from the U.S. Department of Education to advocate gender equity in education by disseminating materials developed through school grants. For more information on WEEA, contact the WEEA Equity Resource Center, Education Development Center, Inc., 55 Chapel Street, Newton, MA 02158-1060; phone 800/225-3088.

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TOOLS FOR SCHOOLS

To enter, write a one- or two-page proposal describing how the Proxima gear could help you or your schools enhance the learning experience. Sponsors have opened the contest to teachers, board members, administrators, technical coordinators or media specialists. Call 800/447-7692, ext. 672, or fax 619/457-9647, to ask for an entry kit; deadline for entries is May 15, 1996.

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Health grants directory marketed.

The cost of the guide is $59.50 per copy, plus $6 for handling. The Directory can be ordered from the publisher: Research Grant Guides, Inc., Dept. 3A, P.O. Box 1214, Loxahatchee, Florida 33470; phone 407/795-6129; fax 407/795-7794.

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ArtsResource program funding available.

Interested schools and districts must submit Intent to Apply forms by May 1. For more information contact Joanne Vena, Arts-in-Education Program Director, Illinois Arts Council, at 312/814-6765.

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Report tells how character education works.

Huffman say when a district commits to achieving character education, the next step is to catalog district goals and core values the community wants all students to learn. For instance, most communities would like all students to learn to seek peaceful solutions to interpersonal conflicts. The district's next task is to find methods of imparting those values in the culture and curriculum of the schools.

Most school districts prefer to blend character education in all subject areas rather than creating a separate course, Huffman states. He says it is essential that school boards provide noticeable and substantive support.

Developing a Character Education Program: One School District's Experience (90 pages, Stock No. 1-94225) is available for $13.95, plus $2.50 handling, from the Association for Supervision and Curriculum Development, 1250 N. Pitt St., Alexandria, VA 22314; Phone: 703/549-9110; Fax: 703/549-3891.

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House OKs referendum to restrict tax increases

The resolution provides that any bill increasing state revenue by raising the income or sales tax may become law only by a vote of 3/5 of the members in each house. At present, a simple majority is needed to pass such bills. The change would require 71 votes in the House of Representatives instead of 60; the Senate requirement for bill adoption would increase from 30 votes to 36. The state constitution would need to be amended to make this change.

Lobbyists said such a change would be a disaster for advocates of public schools. Trying to raise needed additional revenue for schools has been difficult enough in the past; this compounds the problem, they said.

Also troubling is the timing of the change, as the Governor's commission on school funding is due to release its report in a matter of days. Many believe serious consideration is being given to addressing needed changes in the school funding formula.

Funding formula revisions could be made, if not this spring, at least in the next 12 months, education lobbyists said. But the panel's recommendations may include a tax increase. Thus, this proposed constitutional amendment to slap on a 3/5-vote requirement "could not come at a worse time," according to IASB education advocates.

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FEDERAL UPDATE

The Federal Communications Commission (FCC) must establish rules for administering the new law within six months. The FCC is required to specify in the rules how telecommunications firms will provide reduced rates on classroom services.

"This bill gives community policymakers...the tools to put technology in the hands of teachers and parents," said FCC chairman Reed Hundt. Hundt said the bill paves the way for a "nerve center for communications technology in every classroom."

Experts say the mandatory lower rates will allow parents to better interact with teachers by electronic mail. The e-mail access also will enable teachers to share lesson plans more often with their peers. In addition, funds should be offered to schools to buy computer hardware and defray the cost of securing "on ramps" to the information superhighway. The bill says a newly created nonprofit Education Technology Funding Corporation will offer those funds.

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Schools could face battles over parental rights bill.

NSBA suggests the real-world result would be unnecessary, expensive court battles "over everything from curriculum to dress codes." The bill applies a new legal standard to parents' lawsuits against schools. If a school policy, curriculum or other action is challenged in court, the school district must show that it had a "compelling state interest" in making the decision. And the district must show that the decision is accomplished in the "least restrictive means."

Congress reportedly will begin offering initial amendments and voting on the legislation in March.

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Title I cuts would hit Illinois schools hard.

"The majority in Congress is trying to push through a punishing and senseless cut in Title I," announced U.S. Education Secretary Richard Riley.

The federal government has been funded in recent weeks by yet another continuing resolution. Extending the temporary funding formula of the resolution would result in a 17 percent reduction in Title I allocations nationwide starting July 1, the agency says.

Losses in Title I funding to Illinois under the short-term funding formula were estimated to total $54.3 million for Fiscal 1996. That amounts to roughly a 20 percent cut from the Fiscal 1995 funding level.

Under the short-term formula, only New York and California stand to face larger total cuts than does Illinois. Fourteen Illinois counties are set to lose more than $500,000 apiece in funding to their local school districts. Those 14 counties are Cook, DuPage, Kane, Kankakee, Lake, Macon, Madison, Peoria, Rock Island, St. Clair, Sangamon, Vermillion, Will, and Winnebago.

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Nominations due for Those Who Excel awards

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Filing date approaches for economic interest statements

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WORKSHOPS AND MEETINGS

* Shared Decision Making and Meeting Skills: Developing the Change Agents decentralize, empower and improve quality in your schools, April 26 in Dallas, Texas.

* Families and Schools Together: the Partnership that Facilitates Learning and Achievement a family involvement program, April 22 in Chicago.

All institute sessions begin at 8:30 a.m. and end at 3:30 p.m. Registration fees are $175 for one-day institutes; $225 for two days and $350 for three days. Registration fees include all materials, break refreshments and lunch.

For registration information or more information on these or other workshops contact: Center for Professional Development and Services, Phi Delta Kappa, P.O. Box 789, Bloomington, IN 47402-0789; phone 800/766-1156; or fax 812/339-0018.

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Substance abuse prevention meeting set.

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Law expands school disciplinary powers

The same legislation enacts into state law a federal Gun Free Schools Act provision. This provision calls for every school district to adopt a policy of student expulsion of at least 12 months for serious weapons violations.

For more information about the new law call the State Board of Education's Legal Division at 217/782-5270. Source: ISBE Superintendent's Bulletin newsletter, March 1, 1996.

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The courts revive the doctrine of non-delegability

Prior to enactment of the Illinois Educational Labor Relations Act (IELRA), school boards enjoyed discretion to dismiss a teacher pursuant to the guidelines of the School Code without fear that the dismissal would be subject to grievance arbitration. For example, in 1975 the Illinois Supreme Court ruled that where a school board complied with the statutory procedures for non-renewal of a probationary teacher, the dismissal was effective despite the district's absolute failure to comply with the evaluation provisions of the relevant collective bargaining agreement. The court in that case found that the School Code granted school boards the exclusive authority to appoint and terminate teachers in accordance with the provisions of the School Code and declared that those powers were discretionary and could not be delegated. This principle is commonly referred to as the "doctrine of non-delegability." Application of this doctrine effectively meant that discretionary authority granted to a school board by statute could not be "bargained away." Districts could be assured that courts would not enforce an award of an arbitrator based upon language in a collective bargaining agreement that infringed upon powers granted to a school district by statute.

Subsequent to the enactment of the IELRA, teachers' unions have repeatedly asserted that the doctrine of non-delegability has been extinguished by the IELRA. More importantly, the Illinois Educational Labor Relations Board (IELRB) concurred. On the other hand, school districts have argued that the doctrine survived the enactment of the IELRA. Prior to the Midwest Central case, courts have uniformly refused to address this issue of the survival of the doctrine of non-delegability.

In the 1995 Rockford case2, the Illinois Supreme Court struck down an arbitrator's award negating the school board's determination to issue a formal notice to remediate. The Supreme Court based its decision on . . .[section] 1O(b) of the IELRA, which allows for the implementation of collective bargaining agreement provisions that supplement statute, but not those provisions which conflict with statute. The court refrained, however, from addressing the issue of whether the arguably more expansive common law doctrine of non-delegability survived. The court in Midwest Central, however, did address the issue and, much to the chagrin of the IEA, revived the doctrine of non-delegability.

The Midwest Central case itself involved the decision of the school board to refuse to renew the employment of a second-year probationary teacher. Following the teacher's dismissal, she and the IEA filed a grievance claiming that the teacher should be reinstated because the district allegedly failed to comply with certain procedural aspects of a collective bargaining agreement.

The matter proceeded to arbitration over the objection of the school district and the arbitrator ultimately ordered the teacher reinstated to her former employment. The arbitrator did recognize that he had no authority to grant tenure and, therefore, ordered her reinstated for a third probationary year. The district refused to comply with the arbitrator's award, claiming that the arbitrator had no authority to enter such an award. The district maintained that decisions to reemploy non-tenured teachers or to place teachers in a third-year probationary status, like decisions to grant tenure, are non-delegable.

The Appellate Court ultimately ruled in favor of the district and found that the arbitrator had no authority to order the teacher reinstated for a third probationary year. While that ruling is, by itself, significant to school districts, the most important aspect of the decision is the court's revival of the doctrine of non-delegability. More specifically, the court stated:

"The School Code grants the school board alone the duty to appoint teachers, and the broad power to terminate their employment, either by dismissal or the nonrenewal of their probationary contracts. . . . These powers are discretionary, and cannot be delegated or limited by a collective bargaining agreement. . . ."

Alarmed by the above-quoted language extracted from the court's opinion, the IEA filed a Petition for Rehearing. The union argued that the court could have and should have reached its decision without engaging in any analysis or discussion pertaining to the common law doctrine of non-delegability. The union argued in its petition that upon rehearing the above-referenced language should be deleted from the court's opinion and that the opinion should be modified to clarify in no uncertain terms that the court was abstaining from "unnecessary and inappropriate determinations concerning the non-delegability doctrine." The IEA's protest regarding the revival of the common law doctrine demonstrates that the IEA perceives the common law doctrine to be more expansive than the statutory protections of 1(b) of the IELRA.

On January 31, 1996, the Petition for Rehearing was denied. As a result of the court's opinion and its refusal to modify that opinion, there is life in the doctrine of non-delegability.

The only remaining avenue for challenging the Midwest Central decision is for the union to file a writ of certiorari with the Illinois Supreme Court. Unless the state's Supreme Court accepts the case for review and then declares its disagreement with the First District Appellate Court, school attorneys will be both pleased and challenged to explore the limits of the doctrine of non-delegability. Even though section 10(b) of the IELRA already affords school districts some protection from union challenges to school board authority and from awards of overreaching arbitrators, the doctrine of non-delegability furthers the potential for safeguarding the discretionary authority of school districts.

Douglas G. Griffin is an attorney with the law firm of Miller, Hall & Triggs, Peoria.

1 Midwest Central Education Association, IEA-NEA v. Illinois Educational Labor Relations Board, Case No. 1-94-2122, slip op (1st Dist, December 29, 1995)

2 Board of Education vs Rockford School District No. 205 v. Illinois Educational Labor Relations board, 165 Ill.d. 80, 649 N.E.D. 369, 208 Ill. Dec. 313 (1995).

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Recent mailings from IASB

February 22: New School Laws 1996 booklet, mailed to district superintendents and board presidents.
February 23: Illinois School Code workshop announcement, mailed to board presidents.