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School Board News Bulletin
April 1999

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TUITION TAX CREDIT BILL ADVANCES, VOUCHERS BILL FAILS IN LEGISLATURE

SPECIAL EDUCATION DISCIPLINE REGULATIONS ISSUED

SUBSTANCE ABUSE PROGRAM LAUNCHED BY STATE POLICE

SCHOOL BREAKFAST: MAKE IT YOUR DISTRICT'S FIRST CLASS FOR LEARNING

HOW BUSINESS CAN SUPPORT LEADERSHIP TRAINING FOR SCHOOL BOARD MEMBERS

FEDERAL UPDATE

Federal legislation would cut schools' red tape

Title I may boost student achievement

First round yields $1.66 billion in "e-rate" discounts

NEWS FROM IASB

IASB explores feasibility of forming electric purchasing pool

Tech 2000 / AT&T eighth annual student technology demonstration set

DEVELOPMENTS IN SCHOOL LAW

Judicial intervention in school discipline remains the exception, rather than the rule

RESEARCH REPORTS

Parents, teachers agree on keys to parental involvement

Piano lessons help students learn math

Many more disabled students graduating

Press credibility low: Survey

THE NATIONAL SCENE

Board members, public at odds in rating urban schools

Business best impresses the public by giving to education

TOOLS FOR SCHOOLS

National education conference calendar available

Parent involvement kit offered

Indoor air pollution need not hamper schooling

Preparing kids for the information age requires major changes

Anti-harassment guide published

Recent mailings from IASB

CLASSIFIED ADS

The Illinois House voted March 18 to approve H.B. 999 (McCarthy, D-Orland Park), which is designed to create a tuition tax credit for reimbursement of non-public school costs. The bill passed by an overwhelming margin, and will now go to the Senate for action.

The bill had been amended with a promise to "fund education first," plus language to delay its implementation date to tax years ending on or after December 31, 2000, and to remove a "rebate" provision. The rebate provision would have allowed a taxpayer to receive a check from the state if the taxpayer’s tax liability was less than this tax credit.

Each amendment removed some opposition among lawmakers but reportedly was not supported by the Senate majority or Governor George Ryan.

A similar Senate Bill, S.B. 1075 (Cronin, R-Elmhurst), has been approved in the Senate. Governor Ryan has indicated that he would sign S.B. 1075, but insiders say differences in the House and Senate versions could delay final action on this issue until May.

The School Management Alliance is working closely with the Illinois Federation of Teachers and the Illinois Education Association to defeat the tuition tax credit bills.

The Senate Education Committee, meanwhile, killed a private school voucher bill. The bill, S.B. 329 (Cronin, R-Elmhurst), would have created the Educational Opportunity Grant Act to establish a pilot private school voucher program.

The voucher bill would have established state-funded vouchers for up to $2,000 for grades K-8 and up to $3,000 for grades 9-12, to be used at non-public schools in Chicago, Rockford, Peoria, East St. Louis and Joliet. This experimental program would have expired after five years. A roll call vote fell two votes short of passage and the bill will be held in committee.

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SPECIAL EDUCATION DISCIPLINE REGULATIONS ISSUED

Final regulations implementing the Individuals with Disabilities Education Act Amendments of 1997 (IDEA) will give public schools a stronger hand in disciplining students with disabilities.

The regulations "make clear" that school personnel "unilaterally can remove a child who brings weapons or drugs to school" for up to 45 days, said Judith E. Heumann, assistant secretary for special education and rehabilitative services, in releasing the final regulations March 12. Schools "do have the authority to remove children to preserve school safety," Heumann said.

Here is a summary of the new regulations on IDEA student discipline:

* A disabled student may be suspended by school officials for as many as 10 days and for "additional removals of up to 10 days for separate acts of misconduct as long as the removals do not constitute a pattern."

* During an initial 10-day suspension of a disabled student, the schools are not required to provide educational services.

* But schools must provide educational services throughout any subsequent suspension of less than 10 days, at least "to the extent determined necessary to enable the child to appropriately advance in the general curriculum and…toward achieving the goals of his or her individualized education plan (IEP).

* Schools need not determine whether a student’s misbehavior is related to disability unless the student’s suspension results in a change in his or her placement.

The regulations also establish a standard of student services, however, that may "just be too impractical for school systems," said Michael Resnick, director of government relations for the National School Boards Association (NSBA).

For more information, visit http://www.nsba.org/.

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SUBSTANCE ABUSE PROGRAM LAUNCHED BY STATE POLICE

The Illinois State Police agency has launched a statewide substance abuse prevention campaign called "Illinois…Get in the kNOw." The campaign will target two audiences with prevention messages: youth ages 10-17, and adults who may positively influence youth, such as parents, teachers and coaches.

Although studies show youth substance abuse is beginning to level nationally, it’s on the rise in Illinois, a fact that has prompted this new public education and prevention effort.

For many campaign activities, the State Police will request help from school district Safe and Drug Free School coordinators to spread the word to young people. Publicity for a substance abuse prevention songwriting contest has already been sought.

The agency has also put the finishing touches on a 30-minute TV program, created by and for youth, to document the problem of substance abuse. This program will air throughout the state on WGN-TV on Saturday, May 1 at 10:00 a.m.

Watch for more information about the prevention campaign in the coming months. Activities will occur between now and July 1999, with a special focus during May.

For materials on relate topics, the Illinois State Police, with the help of Prevention First, has established a toll-free number to call, 800/252-8951, ext. 222.

For more information about the campaign and how to play an active role, contact the campaign hotline at 312/895-4747.

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SCHOOL BREAKFAST: MAKE IT YOUR DISTRICT’S FIRST CLASS FOR LEARNING

Cereal + milk = better math grades" was the headline of a recent U.S. News and World Report article about a study just published by Massachusetts General Hospital and Harvard Medical School. Its findings are that students who regularly eat a school breakfast have better grades, fewer instances of tardiness, absenteeism and hyperactivity, and fewer reports of anxiety or depression.

More recent evidence (available online at http://www.fns.usda.gov/cnd/breakfast/schoolbfast campaign/theresearch.html) verifies the strong link between breakfast and learning. Thus it is alarming that, over the past 30 years, the number of children eating breakfast has gradually declined. In fact, a recent study indicated that anywhere from 12 to 26 percent of school-age children typically come to school without having eaten breakfast.

How can school boards and educators join forces to ensure that more students eat breakfast? The School Breakfast Program is a nutritious and convenient answer for most schools.

Worries about uncompensated costs are unfounded, according to the federal Department of Agriculture’s food and nutrition service, which administers the program. "A breakfast program doesn’t have to be elaborate," the agency notes, "it can be as simple as a brown-bag breakfast served during the first class or available on a cart in the hallway between morning classes." This means a school does not have to hire additional staff to supervise the meal and clean the cafeteria.

Whatever the obstacle, there are usually solutions, the experts say. The ISBE (phone 800/545-7892) has trained consultants ready to help interested administrators and school boards find those solutions. After all, when students begin their school day more alert and better nourished, everybody wins.

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HOW BUSINESS CAN SUPPORT LEADERSHIP TRAINING FOR SCHOOL BOARD MEMBERS

Businesses, law firms, and individuals may support leadership training for school board members by making tax deductible, charitable contributions to the Illinois Association of School Boards. These contributions, no matter their size, allow IASB to provide additional training opportunities and resources for local school board members.

IASB is organized exclusively for tax-exempt purposes. Its status as a charitable corporation allows donors to receive a tax deduction for their contributions.

Please contact IASB if you, your business or law firm wish to make a tax deductible, charitable contribution. Depending upon IASB needs at the time of your contribution, the donation will be used for such purposes as workshops, speakers, receptions, scholarships, dinners, research, publications and/or special projects. Your support will be recognized in printed materials, display signs, donor representation at events, public announcements and introductions from the podium, or printed acknowledgment in publications.

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RESEARCH REPORTS

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Parents, teachers agree on keys to parental involvement

Most parents and teachers agree on the most important way for parents to be involved in their children’s schools, according to a new study by the Public Agenda Foundation.

The report, Playing Their Parts, finds that parents and teachers have mixed feelings about parents taking part in a school’s hiring and curriculum decisions. But both groups endorse a different kind of parental involvement: having parents raise polite, disciplined children who come to school enthusiastic about learning.

"What many policy makers and reformers are talking about—getting parents involved in school governance—misses the most bedeviling concerns teachers and parents face," says Deborah Wadsworth, executive director of Public Agenda.

By over a two-to-one margin (48 percent to 23 percent), parents said that teaching children good work habits and a respectful attitude is more important than attending parent-teacher meetings about their children’s schooling.

For further information or to order a copy of the report ($12.50, shipping included), call 212/686-6610. Excerpts are available on Public Agenda Online (www.publica genda.org).

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Piano lessons help students learn math

A new study published in the journal Neurological Research indicates that learning fractions in conjunction with basic musical notation enables second and third graders to score much higher than their peers on their knowledge of fractions. The study was conducted among students at 95th Street School in South-Central Los Angeles by Researchers at the University of California at Irvine.

The study apparently is the first to test theories about the music-math link in a classroom, according to a report published March 16 in the Chicago Tribune. The music-math studies did not replace existing math instruction. Students took piano lessons and played computer math games twice a week.

Source: V. Dion Haynes, "Music helps L.A. pupils get into groove in math," Chicago Tribune, March 16, 1999.

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Many more disabled students graduating

The number of students with disabilities who received high school diplomas rose 31 percent from 1986-87 to 1995-96, according to the U.S. Education Department (ED). The statistic appeared in ED’s 20th Annual Report to the Congress on the Implementation of the Individuals with Disabilities Education Act (IDEA).

The department credits the rising high school graduation rate among the disabled to the fact that more of these students are educated in regular classrooms alongside their nondisabled peers.

The number of disabled students ages 6 through 21 spending at least 80 percent of their day in a regular classroom has risen from 1.1 million in 1986-87 to 2.3 million in 1995-96.

For more information phone ED at: 877/433-7827.

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Press credibility low: Survey

The American Society of Newspaper Editors recently released its public opinion survey on press credibility among readers. Key findings are that the public:

* Perceives that papers do not consistently show respect for, and knowledge of, their readers and communities.

* Suspects that the points of view and biases of journalists influence what stories are covered and how.

* Believes that newspapers chase and over-cover sensational stories because they are exciting and sell papers, and most people do not believe these stories deserve the attention they get.

* Feels that newsroom values and practices are sometimes in conflict with their own priorities for their newspapers.

Source: National School Public Relations Association, NSPRA Network, February 1999.

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NEWS FROM IASB

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IASB explores feasibility of forming electric purchasing pool

Under a new state utility deregulation law schools may soon be able to choose their electricity supplier. As a result, IASB has begun gathering data by mail for a feasibility study on forming an electric purchasing pool to save on electric costs for participating school districts.

Electric utilities, meanwhile, have sent letters and forms to their customers that must be returned in order for districts to register to become eligible to choose their electric provider. Registration is not a commitment to participate, but failing to respond will eliminate a district’s participation until at least 2001.

IASB urged school district superintendents to complete and return both their utility registration forms (return to local utility and fax a copy to IASB), as well as the IASB electric pool interest survey. Completed IASB interest surveys needed to be returned by April 16.

For further information, contact either Wayne Sampson (ext. 1130) or John Allen (ext. 1122) at

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Tech 2000 / AT&T eighth annual student technology demonstration set

Educators, school leaders, and other interested citizens are invited to attend the eighth annual Tech 2000/AT&T Students for the Information Age program on Wednesday, April 28, at the State Capitol Building.

Students from approximately 140 Illinois schools will be on hand to conduct school technology demonstrations throughout the day. The students will show visitors, including state senators and representatives, how classroom technology is being used to engage their interest and increase achievement.

The demonstration is sponsored by AT&T and Tech 2000, a group of educators dedicated to increasing awareness about classroom technology and the ways it can prepare students to be productive adults.

The April 28 demonstrations are also sponsored by Governor Ryan and leaders of both the House and Senate, and numerous education organizations, including IASB.

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DEVELOPMENTS IN SCHOOL LAW

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Judicial intervention in school discipline remains the exception, rather than the rule

A football player, sidelined for violating his school’s conduct code, unsuccessfully challenged the disciplinary action. Kevin Jordan v. O’Fallon THSD 203, (Feb. 1999, 5th Dist. Ill.App.). He, like all student participants in extracurricular activities, agreed in writing to abide by the school’s ban on alcohol and drug use. Violators are disciplined without a formal hearing; and are not allowed to present or confront witnesses. Kevin, the football player in this case, argued that the U.S. Constitution required school officials to offer him procedural due process before sidelining him.

A talented football player, Kevin was to be the team captain for the 1998 season. College coaches had suggested that he would receive scholarship offers if he continued to play well. This outstanding forecast for Kevin’s senior football season was undermined by Kevin’s conduct at a convenience store.

Police, responding to a distress call, found Kevin intoxicated at the store around three o’clock in the morning. His eyes were glazed, his speech was slurred, and he smelled of alcohol. Kevin admitted to having consumed alcohol. The police department, pursuant to a reciprocal reporting agreement with the school, reported the convenience store incident to school authorities.

After reviewing the officers’ report, the assistant principal discussed the incident with Kevin. Kevin denied alcohol use, explaining that he was attacked by assailants who threw beer bottles at him. The assistant principal, however, found the officers’ report more credible and suspended Kevin from participation in high school athletics for the entire football season. This was Kevin’s second violation of the alcohol ban policy.

Kevin and a parent appealed to the school superintendent. The superintendent met with Kevin, his attorney, and parent. Kevin again told his version of the convenience store incident. The superintendent deferred his decision until he discussed the incident with the police officers. The superintendent offered Kevin’s attorney the opportunity to participate in this discussion, but the attorney was otherwise occupied. The superintendent later affirmed the assistant principal’s decision.

Kevin and his attorney repeatedly demanded a more formal proceeding. They sought to enjoin the disciplinary action by urging that Kevin’s constitutional procedural due process rights were violated. He also claimed that Section 24-24 of The School Code granted him notice and hearing rights. Finally, he claimed that the school acted in an arbitrary and capricious manner. The trial court, as well as appellate court, rejected all three claims.

A public school district must grant procedural due process (notice, hearing, cross-examination rights) before it may deny someone a property or liberty interest protected by the U.S. Constitution. Kevin had the burden to demonstrate that his participation in football was protected by the Constitution. Many decisions across the nation, however, have refused to find such protection for extracurricular participation. Not to be deterred, Kevin urged that his scholarship opportunities granted him such protection.

The court was unpersuaded; Kevin’s scholarship opportunities failed to elevate his participation in football into a constitutionally protected interest. Kevin’s continued participation in high school football did not guarantee a scholarship. Athletic scholarships remain mere expectations, regardless of a player’s talent level, until that player completes high school.

The Court also rejected Kevin’s claim that Section 24-24 of The School Code granted him the right to notice and hearing before being sidelined. This provision allows school districts to adopt a conduct and sportsmanship code to which everyone who attends athletic and extracurricular events must adhere. Recognizing that citizens may enter public places, the court found that public high schools have limited authority to ban people from attending athletic events, absent the statute. The legislature did not intend by this statute, however, to restrict school officials’ enforcement of student conduct codes. Thus, Section 24-24 does not create a right to notice and a hearing for participants in athletic activities.

In Kevin’s final argument, he contended that school officials acted in an arbitrary and capricious manner by using confidential information to discipline him. Specifically, he alleged that his right to confidentiality under The Juvenile Court Act was violated when police officials informed the school of the convenience store incident. Reciprocal reporting agreements between school districts and police departments are limited to the specific offenses referenced in The Juvenile Court Act. This list does not include any alcohol-related offenses. Thus, police officials failed to guard the confidentiality of this police report. Their breach of The Juvenile Court Act, however, did not taint the school officials’ use of it. Said the Court, "[w]hether school officials acted in an arbitrary or capricious manner does not turn on how they came to acquire information of alcohol use. It turns on how they use that information and the processes they employed."

The existence of scholarship opportunities does not trigger Constitutional protection for participation in extracurricular activities. The School Code does not confer the right to notice and hearing before being deprived participation in extracurricular activities. And, even if a school is inappropriately informed about a student’s misconduct, the school is not prohibited from using it. In Kevin’s case, school officials acted reasonably: they employed a pre-existing conduct rule whose consequences were limited to extracurricular participation; they disseminated the rule; they carefully investigated the matter; and they listened to Kevin, his parent, and attorney. Such reasonable steps ensure that judicial intervention in discipline matters remains the exception.

Melinda Selbee is IASB’s general counsel.

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THE NATIONAL SCENE

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Board members, public at odds in rating urban schools

A new survey conducted for NSBA finds urban schools are rated far worse by average citizens than by the board members who govern those schools.

The report, Leadership Matters: Transforming Urban School Boards, is based on polling conducted in May 1998 in America’s largest cities among board members and the general public.

Although fewer than 50 percent of citizens gave their local schools an A or B grade, more than 66 percent of board members gave schools such a grade. Similar gaps were seen in their ratings of teachers and principals, and in their ratings of school efforts to combat drugs and violence.

The report recommends that boards concentrate on boosting academic performance, focusing on four specific areas. Those areas were: setting high expectations for academic achievement; involving parents in the process of education; attracting and retaining excellent teachers; and ensuring that all schools are safe places where diversity is valued.

Copies of Leadership Matters are available from the National School Boards Foundation at 800/706-6722 (order #10-001).

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Business best impresses the public by giving to education

The polling firm Hill and Knowlton and Yankelovich Partners has determined that roughly 30 percent of Americans rank education as the corporate charitable activity most likely to yield a positive impression. Other charitable activities listed were: health and welfare (21 percent), environment (9 percent), and arts and culture (3 percent).

School districts could use this information to their advantage in their efforts to obtain business partners.

Source: National School Public Relations Association, NSPRA Network, February 1999.

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TOOLS FOR SCHOOLS

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National education conference calendar available

The federal education department has released its 1999 ERIC Calendar of Education-Related Conferences. This calendar lists more than 700 conferences, including details about their sites, dates, contacts, topics and web sites. Listed chronologically, the conferences are also indexed by subject, sponsor and geographic region. The 1999 edition is available for $20. Phone 800/538-3742 to obtain a copy. To examine the calendar online, visit the website at http:// www.accesseric.org:81/.

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Parent involvement kit offered

The U.S. Department of Education has released a new CD-ROM kit that includes the latest research findings and strategies to help strengthen parent-teacher bonds. The kit offers several steps to bolster parent participation. "Partners for Learning: Preparing Teachers to Involve Families" is free from the Education Department by calling 877/433-7827.

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Indoor air pollution need not hamper schooling

Roughly 20 percent of schools in the United States may harbor harmful air pollution that limits children’s schooling, according to a federal EPA official. EPA project officer Susan Hernandez, says schools can use a new EPA kit to inspect their equipment and facilities in order to combat indoor air quality problems. Such problems are commonly created by poor ventilation or mold spores.

"School buildings are in need of serious repair…the deterioration of the buildings impedes children’s ability to learn," according to Hernandez, as quoted in the March 8 edition of Education USA.

Schools often can alleviate the problem simply by removing outdoor intake and exhaust vent covers that were boarded up to lower energy costs during past energy crises.

The EPA "Indoor Air Quality Tools for Schools" kit is available for $22 from Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250; Phone 202/512-1800. Please cite item number 055-000-00503-6.

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Preparing kids for the information age requires major changes

"While our nation’s schools have done a masterful job of preparing students for an industrial age, we are moving at warp speed into a whole new era," according to Paul Houston, executive director of the American Association of School Administrators.

Houston was commenting upon results of a year-long study, Preparing Schools and School Systems for the 21st Century. The new study identifies the characteristics schools need in order to become "capable of preparing students for a global knowledge and information age," Houston said.

The study points out numerous major characteristics, including:

* The definitions of "school," "teacher" and "learner" are reshaped by the digital world.

* All students have equal opportunity for an outstanding education, with adequate funding, no matter where they live.

* Educators are driven by high expectations and clear, challenging standards that are widely understood by students, families and communities.

* A project-based "curriculum for life" engages students in addressing real-world problems, issues important to humanity and questions that matter.

The study involved a council of 21 leaders in a wide range of fields. For more information on the study, contact AASA at 703/938-8725 or visit their web site at http://www.aasa.org.

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Anti-harassment guide published

The U.S. Department of Education and National Association of Attorneys General have developed a book to help districts prevent sexual, physical and emotional abuse and harassment. The book contains suggested procedures for dealing with these issues and for punishing students and teachers who violate the codes. Protecting Students from Harassment and Hate Crimes: A Guide for Schools is free by writing the U.S. Department of Education, 400 Maryland Ave., Washington, DC 20202; phone 800/872-5327; or at www.ed.gov/offices.

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FEDERAL UPDATE

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Federal legislation would cut schools’ red tape

In an effort to give schools greater flexibility over $10 billion in federal funding, Congress is considering two bills that would allow states to waive certain federal mandates. These so-called Ed-Flex bills, S.280, and H.R. 800, contain similar provisions to expand to all states an Ed-Flex pilot program now functioning in 12 states.

Both the House and Senate have passed versions of the legislation, but the Senate bill would allow school districts to shift money slated for President Clinton’s class size reduction initiative to special education. The Education Flexibility Partnership Act (S.280) initially had gained bipartisan support and was considered likely to pass easily. But then the measure got bogged down in partisan squabbling, as both parties attempted to tack on amendments to put their own mark on the nation’s education policy.

Among the federal programs originally covered by the legislation were Title I, drug-free schools, and bilingual education.

"For too long, Washington has been part of the problem with education," said Sen. Bill Frist (R., Tennessee), who sponsored the Senate Bill. Under the bill, he added, local schools would be freed from the burdens of bureaucracy.

For more information, contact NSBA’s Dan Fuller at 703/838-6763.

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Title I may boost student achievement

Analysis of the latest National Assessment of Educational Progress (NAEP) indicates that Title I has shown modest success in boosting student achievement within high-poverty schools, according to federal education officials.

Nine-year-old students in such schools boosted their reading scores by almost a full grade level between 1992 and 1998. The federal Education Department attributed the achievement gains to Title I services.

Likewise, Title I was credited with helping nine-year-old students with the lowest NAEP math scores boost their math scores by almost a full grade level between 1990 and 1996. Math and reading gains were also reported for low-achieving 4th graders.

The full report, "Promising Results, Continuing Challenges," is available free from the federal Education Department, phone 877/433-7827; or on the department’s web site, http://www.ed.gov.

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First round yields $1.66 billion in "e-rate" discounts

Roughly $1.66 billion is the final sum of "e-rate" discounts schools and libraries will receive to defray their technology and Internet costs in the initial round of awards, according to program administrators.

The Universal Service Administrative Company announced that final calculation in March for the e-rate program’s first round, an 18-month period ending June 30. A total of 30,120 applicants had requested funds totaling over $2.4 billion.

Source: Education Week, March 10, 1999.

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Recent mailings from IASB

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For speed or economy, some IASB mailings are sent only to the board president or district superintendent. These two items were mailed recently. For more information, contact your board president, superintendent or IASB.

March 19: New board member workshop, to board presidents and district superintendents.

March 31: Annual conference resolution submission form, mailed to board presidents and district superintendents.

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CLASSIFIED ADS

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FREE: Dunlap Industries is offering protective gym floor covers, available free to schools for the cost of the hem on the outer edge. Protective covers are used to prevent scuffing and damage to gym floors. All shipping costs will be free. For information call Steve Wilson at 530/274-0687.

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IASB ARCHIVES HOME

Illinois Association of School Boards

2921 Baker Drive
Springfield, Illinois 62703