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School Board News Bulletin
April 1998

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Illinois districts boosting math achievement

Financial watch list dwindles

Roughly 332,000 Illinois children lack health insurance: Comptroller

U.S. study urges upgrading middle school math

Project Success brings community support, social services into schools

Schools can build support for public education

RESEARCH REPORTS

Firearm incidents rare in Illinois schools

Principals receive small salary increase

Math progress "significant" since 1990

TOOLS FOR SCHOOLS

New book offers practical strategies for multicultural education

National clearinghouse for school facilities created

Conflict resolution guide published

Offer prevention materials to bus drivers

National goals panel offers reports

FEDERAL UPDATE

ED offers action plan to boost student achievement in math and science

Vouchers remain major issue for lawmakers

House passes amendment on school prayer

THE NATIONAL SCENE

Shortage of school principals cited

New Jersey boards take on key role in Megan's Law

NEWS FROM IASB

Cole Award entries invited

School Board Institute leadership sessions set

WCSIT & ISDA launch home page

WORKSHOPS AND MEETINGS

Suburban, rural/small school conferences set

Tech 2000/AT&T school technology demonstrations set

DEVELOPMENTS IN SCHOOL LAW

Student Author Not Entitled to Injunction

Despite the poor showing of U.S. 12th graders on the Third International Math and Science Study (TIMSS), many school boards in Illinois have made improved math achievement a key priority. And many are beginning to reap the benefits of student success.

For example, at the First in the World ConsortiumC19 school districts near ChicagoCa large proportion of students take advanced mathematics and only well-qualified teachers are hired.

In fact, when he announced the latest TIMSS data, U.S. Education Secretary Richard W. Riley lauded the First in the World Consortium for taking "comprehensive and successful steps toward achieving significantly better results."

The consortium was formed in 1995 to work toward the national education goal that calls for U.S. students to be first in the world in mathematics and science achievement, said Paul Kimmelman, Superintendent of West Northfield District 31, in Northbrook.

Yet the districts in the consortium--14 elementary school districts, four high school districts, and one special education district--were unsure how to measure their progress.

The consortium persuaded the TIMSS organization to let students take the test in spring 1996 to benchmark performance against international standards. The consortium paid for 750 students per grade level--in fourth, eighth, and 12th grades--to take the TIMSS. (The results for the Chicago area districts are not included in the official TIMSS results.)

In the general mathematics and science portions of the TIMSS, the First in the World Consortium lived up to its name. No participating country scored significantly above the consortium in either of these general knowledge assessments.

In the advanced math and physics assessments, the consortium scored significantly above the U.S. average but below the international average.

However, consortium students enrolled in Advanced Placement calculus scored first in the world, and consortium students taking AP physics were close to the top-performing countries.

Don Clark, President of the Northbrook-Glenview District 30 Board of Education, said he is "very pleased with the efforts of the consortium. It exceeded all expectations."

Even though students in the consortium districts performed so well, Clark expects there will be changes in the curriculum to reflect areas that need improvement. The consortium is still in the process of compiling the assessment data and comparing it to the instructional program.

"We took the test not to see how we're doing, but to see how we can do better," Kimmelman says.

There is nothing exotic about either its textbooks or curriculum. Instead, the consortium credits its students' TIMSS success with several factors. They include: a strong foundation in the middle grades, challenging but "fairly standard" curriculum and high expectations for high school students, well-qualified teachers, and significant professional development opportunities.

All math and science teachers in the consortium have certification in the subject they teach and many have advanced degrees, Superintendent McGrew notes.

Superintendent Kimmelman acknowledges that the consortium serves higher-income communities where the parents generally are well educated and highly motivated. Yet "even when you account for students' economic and social background, student performance in the consortium is still significantly above the U.S. average. This shows that if we raise expectations and improve teaching, we can significantly raise student achievement across the country."

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Financial watch list dwindles

Eleven school districts have been removed from the state's list of financially troubled districts this year, while five districts have been added. In all, 21 districts now are recognized as having some degree of financial difficulty under the State Board of Education's supervision system.

The system, known as the Financial Assurance and Accountability System (FAAS), includes the Financial Watch List, which signifies the onset of financial challenges. Those on this particular list dropped from 22 districts last year to 16 districts this year.

The FAAS also includes the Financial Certification category, which now contains four districts, down from five districts last year.

Finally, the FAAS includes districts under Financial Oversight--a method for providing technical assistance through an appointed three-member panel for local school districts with fiscal difficulties. Like last year, only one district is subject to Financial Oversight.

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Roughly 332,000 Illinois children lack health insurance: Comptroller

A report from the Illinois Comptroller's office says "an estimated 332,000 children (10 percent)" in Illinois lack health insurance, causing many to miss out on vital inoculations or delay much-needed doctor visits. Furthermore, the ranks of uninsured children will grow as a result of federal welfare reform laws, according to the Comptroller's March Fiscal Focus newsletter.

As many as 3 million of the 9.8 million children currently without health insurance in the United States are eligible for coverage under Medicaid, but are not enrolled in Medicaid, the Comptroller's report states. The report cites figures from the Center on Budget and Policy Priorities for that finding.

"While some families may make a conscious choice to reject government-subsidized health insurance, it is thought that many more may simply be unaware of the available assistance," the Comptroller's newsletter says.

Most Illinois children who lack health insurance (59 percent) reside in "families with two parents who are working and two-thirds live in families earning more than the federal poverty limit."

Federal welfare reform laws "will undoubtedly exacerbate this problem as people are required to leave the welfare system and take part-time and seasonal or other low-wage jobs which do not provide health insurance," the newsletter explains.

Several states have taken creative steps to deal with this problem, including Massachusetts, New York and New Hampshire. Massachusetts "established a program in July 1997 that covers 125,000 uninsured children with federal Medicaid funds and revenues from an increased tobacco tax."

Illinois recently took steps to extend health insurance for roughly 40,000 uninsured children through a program approved by the federal Health and Human Services Department. The program, initiated by the Governor, provides coverage for children of working-poor families who are ineligible for Medicaid. Roughly 40,000 children will benefit from the changes in January, according to the Governor's office. More than 16,500 children and pregnant women already have enrolled under the new guidelines.

While praising the new program--called the Illinois Children's Health Initiative--a spokesman for the Children's Defense Fund pointed to the more than 300,000 uninsured children in Illinois: "This is a first step. There's a lot yet to be done."

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U.S. study urges upgrading middle school math

The recent dismal results of U.S. 12th graders on the Third International Mathematics and Science Study (TIMSS) highlights the need for strengthening math and science programs, particularly in the middle grades.

A new U.S. Education Department report written by Edward A. Silver, a math professor at the University of Pittsburgh, proposes the following steps to improve math in middle schools:

* Make a serious national commitment to improve mathematics learning by all students. Silver says all students can be good at math.

* Make the school math curriculum more ambitious and enhance classroom instruction.

* Invest in teacher professional development and capacity building to support improved mathematics achievement.

"Many of the TIMSS findings are tied to deeply rooted education practices in the United States," Silver stated. "Thus, the task of upgrading U.S. mathematics education is challenging and is quite likely to require a substantial commitment of time and resources."

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Project Success brings community support, social services into schools

A new way to coordinate social services and help children be successful in school is catching on in communities across Illinois. Project Success, now underway in roughly 700 elementary and middle schools in 200 communities, is a statewide initiative begun by Governor Edgar in 1992 in six pilot communities.

The aim of Project Success is to boost student success by ensuring that students and their families have access to health and social services. The project challenges parents, community leaders, educators, and state human service agencies to work together to identify the issues facing school-aged children and to find ways to help.

Thus, project leaders develop ways to act on student problems quickly by mobilizing current resources or by reprioritizing services if necessary. By building on the strengths of parents and community members, participating communities are developing local networks to access needed programs and services in partnership with state government.

The project was featured in panel discussions at recent joint annual conferences. As panel members stressed, the project is guided by the following vision: "To bring community members together to provide the necessary supports for their children to succeed in school."

A collaborative process lies at the heart of the system. At the local level, for example, participants collaborate to determine the best way to deliver human services to meet the needs of the children and families within their communities.

On the state level, collaboration focuses on developing a state human service system that supports individual communities' initiatives. Project Success recognizes that each community is unique, and that no single, well-defined model of service delivery will work for everyone. This is reportedly its most distinctive feature, and one of its greatest strengths.

For more information on Project Success, contact Rosemarie Frey, Assistant to the Governor for Project Success, 100 W. Randolph, JRTC 16th Floor, Chicago, IL 60601; phone 312/814-3941; fax 312/814-5512.

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Schools can build support for public education

Faced with growing support for vouchers and, arguably, a dwindling faith in public education, the Colorado Association of School Boards is now urging school boards to adopt a proactive policy that consists of the following:

* Ask the public to converse about the purpose of public education. Ask people what they want their schools to do.

* Tell the public what your district is doing for the well-being of students and the community.

* Pursue policies and programs that demonstrate the value of public schools.

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RESEARCH REPORTS

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Firearm incidents rare in Illinois schools

With the Jonesboro, Arkansas school shooting tragedy fresh in the public mind, the State Board of Education notes that schools in Illinois rarely encounter firearm-related incidents.

In 1997 a total of 18 such incidents were reported. Of that number, 16 involved students who were charged with unlawful use or sale or possession of a firearm, and two were classified as "other." Just over half of the incidents (9) took place inside the school, while eight took place on school grounds, and one on school transportation.

Source: ISBE Superintendent's Bulletin, March 27, 1998.

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Principals receive small salary increase

Despite hopes of higher wages, high school principals received a startlingly low pay raise for the 1997-1998 school year. According to a study conducted by the National Association of Secondary School Principals (NASSP) and the Educational Research Service (ERS), the average pay increase was 2.72 percent, the lowest since the 1992-1993 school year. The slight increase comes at a time when educators are dealing with a record-breaking number of enrollments.

The average yearly salary of a high school principal was reported at $74,380, with a high-end salary of $122,898 and a low-end salary of $36,974. Different geographical regions of the U.S. showed distinct differences in their salary ranges.

Salaries for junior high/middle level school principals registered a 2.81 percent increase, ($68,740 average), and elementary school principals experienced a 2.78 percent increase ($64,653).

NASSP is the nation's largest school leadership organization, providing professional development and assistance to more than 45,000 middle level and high school principals and assistant principals. NASSP is the sponsor of the National Honor Society, the National Alliance of High Schools, and the American Technology Honor Society--all trademarked organization names.

For more information contact NASSP at 703/860-7244.

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Math progress "significant" since 1990

More U.S. students are performing at higher levels in mathematics than was the case in 1990, according to a report released earlier this year by the Council of Chief State School Officers (CCSSO). Also, students now are taking more higher-level math and science courses than students in 1990.

Among other conclusions of the study:

* Significant increases have occurred in 27 states for students reaching the "proficient" level for grade 8 mathematics since 1990, as measured by the National Assessment of Educational Progress (NAEP).

* A disparity in math achievement still exists for minority students, but nine states reduced the disparity in NAEP math scores at grade 8 between 1992 and 1996.

* Sixty-two percent of all high school students took three years of high school mathematics in 1996, up from 49 percent in 1990.

* One-fourth of states have significant shortages of well-prepared high school math and science teachers. Ten to 20 percent of teachers are not certified in their assigned teaching field.

Order the 1997 Science and Mathematics Indicators from CCSSO by phone at 202/336-7044 or access the report on the Internet at http://www.ccsso.org.

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TOOLS FOR SCHOOLS

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New book offers practical strategies for multicultural education

The Network of Educators on the Americas (NECA) recently announced what it calls a groundbreaking new publication, Beyond Heroes and Holidays: A Practical Guide to K- 12 Anti-Racist, Multicultural Education and Staff Development. The publication was developed "by dedicated educators, parents and activists determined to create a valuable resource for change."

Beyond Heroes and Holidays features articles by leaders in the field of education, including Jim Cummins, Christine Sleeters, Beverly Tatum, and others. The book's editors say it effectively combines theory and practice to offer informed solutions for more equitable education.

The book is divided into ten sections: School Staff, Family and Community Development; Critical Literacy; Language; Lessons for the Classroom; Technology; School-wide Activities; Holidays and Heritage; Talking Back; Glossary and Resource Guide.

Each section contains analysis as well as hopeful ideas and hands-on tactics for reform. Complete lesson plans and activities for staff development are included, as well as critical examinations of controversial issues that influence education today, including bilingual education and tracking. An extensive resource guide shares a wealth of teaching and learning resources and provides many helpful Internet sites.

The 463-page paperback book (ISBN book number 1-878554-11-5) is $20 plus $7 shipping and handling. To order, write NECA, P.O. Box 73038, Washington, DC 20056, or call NECA at 202/238-2379. E-mail: necadc@aol.com.

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National clearinghouse for school facilities created

A newly established National Clearinghouse for Educational Facilities provides information and help on all facets of school facilities, planning, design, construction, and maintenance.

Created by the U.S. Department of Education's National Library of Education, the clearinghouse offers abstracts of articles, profiles and drawings of award-winning school buildings. It also offers lists of conferences, and makes experts available to answer technical questions.

The topics covered include indoor air quality, enrollment forecasts, community involvement, financing, federal resources, access for the disabled, and planning for technology.

Much of this information is on the clearinghouse's Web site at http://www.edfacilities.org or call 888/552-0624.

IASB also maintains its own School Design Data File, a computer database of architectural design projects involving Illinois public schools. Information on all kinds of design projects has been contributed by the designing architects. This database can be searched on a wide variety of variables. Member districts or their architectural firms can call the IASB resource center to get information at extension 1105.

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Conflict resolution guide published

There is more to conflict resolution education than meets the eye. It involves not only prevention of violence on an individual basis, but also activities related to responsible citizenship. Conflict resolution also entails district-wide efforts to advance the cause of school safety and develop a cooperative learning atmosphere, according to a new publication from the Conflict Resolution Education Network.

The Handbook of Conflict Resolution in Education: A Guide to Building Quality Programs in Schools, published by Jossey-Bass Inc., is designed for use by any school or school district.

The authors suggest conflict resolution at school should include:

* an understanding of the description of conflict;

* principles of effective conflict resolution;

* process steps in problem solving (for instance, agreeing to negotiate and setting ground-rules); and

* skills necessary to employ each step in the process (active listening, for example, and reframing, understanding, and coming to grips with cultural differences that affect the dispute).

Source: The Handbook of Conflict Resolution in Education: A Guide to Building Quality Programs in Schools (218 pages) is available for $34.95 from Jossey-Bass, Inc., Publishers, 350 Sansome Street, San Francisco, CA 94104. Telephone: 800/956-7739; Fax: 800/605-2665.

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Offer prevention materials to bus drivers

School districts searching for free educational materials on drug and alcohol abuse to hand out to school bus drivers are in luck. "Alcohol & Other Drugs in the Workplace" is available by contacting: National Council on Alcoholism & Drug Dependence, 12 W. 21st Street, New York, NY 10010. The material also can be found on the Internet at http://www.ncadd.org.

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National goals panel offers reports

"Ready Schools" and "Principles and Recommendations for Early Childhood Assessments" are available at no charge. Contact the National Education Goals Panel, 1255 22nd St. NW, Suite 502, Washington, DC 20037; phone 202/724-0015; or by FAX at 202/632-0957. Order the reports on-line at http://www.negp.gov.

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FEDERAL UPDATE

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ED offers action plan to boost student achievement in math and science

The U.S. Education Department (ED) recommends the following steps to improve mathematics and science education:

* Raise state and local standards of academic performance in mathematics and science. Measure student performance against rigorous standards, such as the Administration's proposed voluntary national test in eighth grade mathematics.

* Place an immediate focus on mathematics education in grades 5-8. The department pledges to help local school systems strengthen the impact of federal resources to improve student achievement in middle schools. More students should study algebra and geometry by eighth grade.

* Offer a challenging curriculum and encourage students to take demanding mathematics and science courses, such as calculus and physics, by 12th grade.

* Improve the teaching of mathematics and science through teacher training and reduce the large number of teachers teaching out of their field.

* Destroy the myth that advanced mathematics and science are only for a few students.

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Vouchers remain major issue for lawmakers

As momentum for vouchers grows across the nation, advocates for public schools face a challenging job to convince lawmakers and the public that public schools are doing a good job and that vouchers are not the answer.

While no statewide voucher plans have been enacted, a few voucher initiatives have been put into place in cities, notably Cleveland and Milwaukee. Although several federal voucher initiatives were considered in the last Congress, public education advocates succeeded in ensuring that none was enacted. Sponsors of the measures, however, plan to try again this year.

"As the 105th Congress reconvenes, the battle over private school vouchers portends to be the major issue facing public education leaders through 1998 and beyond," said NSBA President William Ingram. "All indications are these fights will get tougher and tougher as the issue is more clearly defined."

Speaking at NSBA's Federal Relations Network Conference in February, in Washington, D.C., NSBA Associate Executive Director Michael A. Resnick said vouchers would mean giving up on public schools. Resnick explained that vouchers would separate the youth of America on the basis of the haves and have nots, and would waste tax dollars and reduce accountability.

"Overall, vouchers mean re-channeling public funds to private schools in a way that can only damage public schools and the children who attend them," he added.

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House passes amendment on school prayer

The U.S. House Judiciary Committee has approved an amendment to the Constitution that would permit voluntary prayer in the public schools. Opponents view the measure as a thinly disguised attempt to legalize school vouchers and taxpayer subsidies to parochial schools.

The 16-11 vote along party lines allows conservative lawmakers to bring the Religious Freedom Amendment to a vote by the full House later this year. Most political observers give the measure little chance of garnering the two-thirds majority needed for passage.

The measure also needs a two-thirds margin of victory in the Senate--which currently has no plans to conduct a vote--and ratification by 34 states.

Whatever its fate, the amendment has reignited the heated rhetoric that usually surrounds the issue of school prayer.

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THE NATIONAL SCENE

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Shortage of school principals cited

School systems will find fewer and fewer qualified applicants when they need to hire school principals, according to a new survey. The study, Is There a Shortage of Qualified Candidates for Openings in the Principalship?, was commissioned by the National Association of Elementary School Principals (NAESP), and the National Association of Secondary School Principals.

The survey report found the chief reasons for the shortage are long hours, too much stress and too little pay for the weighty responsibilities of the job. Or so said those doing the hiring.

In fact, roughly half of the school districts surveyed reported a shortage in the labor pool for K-12 principal positions they were trying to fill this year. The Bureau of Labor Statistics expects a 10-20 percent increase in the need for school administrators through 2005.

The random sample telephone poll of 403 rural, suburban and urban districts with enrollments of 300 pupils or more was conducted by the Education Research Service (ERS) in January 1998. The poll contacted school superintendents and central office employees who do the hiring for their districts.

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New Jersey boards take on key role in Megan's Law

Hundreds of students in one New Jersey community brought home an unusual communication from their schools a few weeks ago: Inside a sealed envelope was a notice to parents warning that a "high-risk" sex offender lives in their area.

Such notices--in this case containing the name, address, and a photograph of a 57-year-old convicted felon--could become increasingly commonplace as the nation turns to sex offender notification laws to battle child sexual abuse. In response to a mandate by Congress, at least 47 states now have such laws.

And these warnings are expected to multiply following the U.S. Supreme Court's refusal last month to hear a challenge to the first of these statutes, New Jersey's 1994 "Megan's Law." The statute was enacted four months after a 7-year-old child, Megan Kanka, was raped and murdered by a convicted sex offender who lived across the street from her home.

The use of the New Jersey community's schools as a conduit to reach parents is the latest wrinkle in the public debate about such laws.

Although few school districts have participated in such notifications, the practice has been attacked by critics who argue that law-enforcement agencies, not schools, are the appropriate vehicle to notify citizens. Critics of the law also warn that schools could be vulnerable to costly litigation if the information sent home is incorrect or improperly delivered.

Last fall a Maryland family received threatening notes after public officials mistakenly sent out letters identifying their home as the residence of a sex offender.

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NEWS FROM IASB

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Cole Award entries invited

Does your local newspaper do a bang-up job of covering local school board issues? Is so, you may want to give the beat reporter some positive reinforcement by encouraging her or him to enter articles in the 1998 Robert M. Cole Awards competition.

The annual newspaper awards, sponsored by IASB and named in honor of the Association's first executive director, are part of the Illinois Press Association's newspaper contest. Entries will be judged in July, with presentations made in the fall. The deadline for entry is June 19. For more information contact the Illinois Press Association, 2815 Old Jacksonville Road, Ste. 101, Springfield, IL 62704; phone 217/241-1300.

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School Board Institute leadership sessions set

Motorola and IASB recently announced plans to offer a two-day leadership development session tailored to meet the needs of school board members, to be held on various dates from mid-April to early November. Patterned after Motorola's Manager of Managers Program, "The School Board Institute: Leadership for the 21st Century" will be conducted on the Motorola University campus in Schaumburg.

The first program of its kind in the nation, the School Board Institute was designed by experienced board members to focus on vision and leadership and the skills needed to effect them.

The program's purpose, for the benefit of students, is for school board members to commit themselves as life-long learners, build a positive school board culture, and involve all stakeholders in their communities.

Objectives include: exploring the future and its implications for education; identifying and reflecting upon personal leadership skills; and practicing dialogue and decision-making processes and skills.

The two-day institute will run from 8:00 a.m. to 5:00 p.m. on the following dates.

* April 30-May 1

* July 16-17

* August 13-14

* August 27-28

* September 10-11

* September 24-25

* October 12-13

* November 5-6

In addition, a "Train the Trainers" session is scheduled from 8:00 a.m. to 5:00 p.m., May 15.

Tuition for the institute is $400. Each participating individual or district is responsible for travel and lodging. This is a legitimate school board expense.

Registration for each session is limited to 25 board members. To register, contact Cynthia Woods, extension 1228, via the IASB office nearest you: 217/528-9688 (Springfield) or 630/629-3776 (Lombard).

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WCSIT & ISDA launch home page

The IASB- and IASA-endorsed Workers' Compensation Self-Insurance Trust (WCSIT) and the IASB-endorsed Illinois School District Agency (ISDA) are now on the Internet. Just point your Internet browser to http:// www.wcsit-isda.com and you will be at the new WCSIT and ISDA site on the World Wide Web.

When you arrive you will find detailed information about how the WCSIT and ISDA can help to protect your school district. Meanwhile you will be able to:

* remain abreast of events sponsored by the WCSIT and the ISDA,

* access information on the WCSIT's Guaranteed Dividend Program,

* get contact information on your local PRISM agent, and

* e-mail questions about coverage and benefits directly to the WCSIT and ISDA.

All school districts in Illinois are encouraged to visit the site today. While you are there, sponsors say, please feel free to e-mail the WCSIT and ISDA to let them know the kinds of information you'd like to see on-line. The WCSIT and ISDA want to ensure that the web site works for you.

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WORKSHOPS & MEETINGS

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Suburban, rural/small school conferences set

The theme for an upcoming Suburban Superintendents summer conference will be "The Changing Face of Suburbia," according to its sponsor, the American Association of School Administrators (AASA). The conference will be held July 19-22, at the Keystone Lodge, Keystone, Colorado.

Preceding it, the Rural/Small School Conference will be held in Santa Fe, New Mexico, at the Doubletree Hotel, according to AASA. The theme for this year's conference is "The Changing Face of Rural America." The meeting will begin with a reception and dinner on Sunday, July 12 and run through noon on Wednesday, July 15.

More information about these and other AASA conferences and workshops is available by calling 703/875-0748.

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Tech 2000/AT&T school technology demonstrations set

An all-girls technology program at Palos South School in Palos Park is enabling some 30 students whom teachers felt had leadership potential to become proficient in their knowledge of technology. These sixth, seventh and eighth grade students also share what they have learned with other students and even with teachers.

Meanwhile, a unique computer program called ExPAN at Whitney Young High School in Chicago--where approximately 95 percent of the youth go on to college--is enabling future college students to save time when applying to colleges. It also allow the students to research general information about colleges and scholarships.

These two schools are among approximately 140 in Illinois that will be conducting school technology demonstrations at the seventh annual TECH 2000/AT&T Students for the Information Age program Wednesday, April 29 at the State Capitol. The public is invited to attend.

The seventh annual demonstrations are sponsored by the state's top officials and numerous education groups, including IASB. To learn more call Tom Hopkins of AT&T at 312/230-4889.

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DEVELOPMENTS IN SCHOOL LAW

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Student Author Not Entitled to Injunction

By Melinda L. Selbee, Attorney

In January the Seventh Circuit Court of Appeals rejected a student's plea to allow him to continue attending school during the judicial review of the merits of his expulsion. A Wisconsin school district expelled the student for writing an article on computer hacking. Boucher v. School Board of the School District of Greenfield, No. 97-3433 (7th Cir., 1998). His article appeared in an underground newspaper that the Court called "not your official school newspaper." The newspaper was, however, distributed on school property.

Justin's article, "So You Want to Be a Hacker," graphically described how to hack into the school's computers. It also contained a list of passwords and a procedure for accessing the ".com or .exe files." The article concluded with a promise to "teach you more."

In July, 1997, and after a hearing, the school board expelled Justin until August, 1998, for endangering school property. Justin immediately filed a complaint alleging that the board violated his First Amendment free speech rights. He requested, and received, a preliminary injunction prohibiting the board from enforcing the expulsion until the merits of the case were heard.

The school district appealed the preliminary injunction order to the Seventh Circuit Court of Appeals, the court second only to the U.S. Supreme Court for federal court jurisdiction for Illinois. To determine whether the injunction was appropriate, the Court analyzed Justin's chances for success on the merits. The test in student expression cases is whether school authorities "have reason to believe" that the expression will be disruptive. The district could reasonably interpret the article to be just what it purported to be: a blueprint for the invasion of its computer system. Thus, the school could reasonably believe that the expression would be disruptive, making Justin's likelihood of ultimate success on the merits somewhat minimal.

Justin argued that the school officials' authority over off-campus expression is much more limited than over expression on school grounds. Here, however, the article was distributed on school grounds and, thus, the Court did not reach that issue.

Another indicator of the preliminary injunction's fallacy was the importance of the school's interest in expelling Justin. The school's interest in protecting school property and maintaining discipline would be seriously harmed by enjoining the expulsion. Hence, the potential harm to the school board's authority justified vacating the injunction.

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Illinois Association of School Boards

2921 Baker Drive
Springfield, Illinois 62703