This publication is also available as a PDF file
Over 350 Illinois school districts represented at NSBA convention
More than 350 Illinois school districts were represented at the National School Boards Association’s 73rd Annual Conference in San Diego, April 13-15. The conference included many presentations by Illinois districts and by the IASB staff.
A number of issues affecting districts large and small were addressed at the annual Delegate Assembly. The 150-member assembly is the official policy-making body of NSBA, charged with adopting resolutions and policy amendments and electing NSBA officers and directors.
Delegates from Illinois included IASB President Carolyne Brooks, Vice President Karen Fisher and Past President Joseph Alesandrini. Minority delegate Jesse Ruiz, the Chicago school board representative to the IASB Board of Directors, was unable to attend due to a death in the family. Alternate delegates were directors Sue McCance of Cuba (Western Division), and Joanne Osmond of Lake Villa ( Lake Division).
Among the policies adopted, which the Illinois delegates also strongly backed, were:
• NSBA supports the need for comprehensive strategies to significantly reduce poverty in the U.S. that undermines public education’s ability to educate and fully develop the potential of our student population. NSBA further recognizes and supports the importance of holding high expectations for all children.
• NSBA supports local school boards to consider (1) out-of-school suspensions as a last resort to address behavior issues in schools; and (2) increase the use of other proven strategies and interventions that maximize the opportunities for all students to have a safe and successful in-school experience.
• NSBA opposes any efforts to subsidize tuition or expenses at elementary and secondary private, religious, or home schools with public tax dollars. Specifically, NSBA opposes vouchers, tax credits, and tax subsidies for use at non-public K-12 schools.
Summarizing this Delegate Assembly action, IASB Vice President Karen Fisher said: “It is interesting to note that local control is still the focus of NSBA and IASB. To me, that is very important, as more and more mandates erode local control. My concern is not only do local boards have less control, but the populace behind them is no longer the driving force behind changes taking place in the schools.”
IASB Past President Joseph Alesandrini agreed, noting: “I supported each of the proposals that passed the NSBA Delegate Assembly.” On the specifics, regarding his thoughts on the proposal on local control, he stated: “Maintaining local control in the governance of student discipline is of the utmost importance. With that local responsibility, we must ensure that school boards utilize proven strategies that maintain student safety and maximize the ability for all students to receive a quality public education.”
On the proposal to oppose efforts to subsidize private schools with public funds, Alesandrini strongly supported the NSBA resolution: “Further erosion of financial obligations from federal and state sources in support of non-public K-12 education is an attack on the foundation of our democracy,” he said, explaining, “public funds should not be utilized to provide a profit to corporations.”
IASB panel presentations included Deputy Executive Director Ben Schwarm, who talked on the topic “School Boards’ Last Stand” regarding unfavorable political changes and emerging threats to local control. Angie Peifer, associate executive director of board development, and Sandra Kwasa, director of board development, led a session on “Data Driven Decision-Making.” Other staff presenters included Nesa Brauer and Dean Langdon, who talked on “The Board and Its Superintendent: Developing and Maintaining an Effective Relationship”; Barbara Toney, director of field services, who shared some training for new board members, Jeffrey Cohn, director of field services, on “Practicing Good Governance”; and Vice President Karen Fisher joined Nancy Bohl and Brian Zumpf, who presented on “The Board’s Role in Policy Making.”
Presentations were made, as well, by school leaders from 12 Illinois districts and vendors based in Illinois. The presenting districts and their topics were:
• Leyden CHSD 212, 1:1 in the Cloud — How Choosing a Cloud-Based Solution Impacts Student Learning
• Schaumburg CCSD 54, Linking Compensation to Student Growth
• Aurora West USD 129, Auditing Your Special Education Department: Accentuating the Positive, Eliminating the Negative, Being Cost-Effective
• Niles THSD 219, Skokie, PAR: Peer Assistance and Review = Improved Instruction
• Ottawa THSD 140, Policy 101: The Board’s Role in Policy Making
• Community High School District 94, West Chicago; and West Chicago Elementary SD 33, Situational Poverty: Steps to Ease the Pain
• Joliet THSD 204, Using Data to Make Better Decisions — Compelling Case Studies and Practical Advice
• Adlai E. Stevenson High School Dist. 125, Lincolnshire; and Aptakisic-Tripp District 102, Buffalo Grove, Engage Your Community and Generate Funds Through Your Foundation
• THSD 214, Arlington Heights, Teaching with Web 2.0 and Social Networking: Back By Student Demand
• THSD 214, Arlington Heights, The Flipped 1:1 [student] Deployment — 21st Century Learning That Works
• Community Unit School District 300, Carpentersville,Not Going Quietly: One District’s Story of Government Relations
One of NSBA’s “20 to Watch” winners honored at the conference was Keith Bockwoldt, director of technology services, Township High School District 214, Arlington Heights. Established in 2006, the award recognizes the ability to inspire school districts to incorporate innovative technology solutions that contribute to high-quality learning environments and more efficient district operations. Bockwoldt was recognized for successfully showing the district’s senior leaders how technology can transform learning, as he established systems that support and inspire teachers to embrace iPads and “flipped” classes.
Two Illinois districts were among the top-ranked school districts in the ninth annual Digital School Districts Survey by the Center for Digital Education (CDE) and NSBA.
The first-place winner in the small-student-population classification (3,000 students or less) was Geneseo CUSD 228. Innovations by this year’s winners touched all facets of education. Board members at Geneseo, for example, are now able to use Skype or iChat to access important meetings if off site and can even be projected via live-cast onto the screen in the board room.
The other highly praised district garnering recognition at the national conference was Township High School District 214, Arlington Heights, winning for technology innovation, including a teacher-driven pilot project for the use of mobile devices in classrooms.
NSBA’s Exhibition of School Architecture featured citations for seven Illinois school design projects.
Next year’s NSBA conference is scheduled April 5-7, 2014, in New Orleans.
Board members from around U.S. visit Illinois tech-leading district
On March 13-15, school boards and administrators from around the nation visited THSD 214, Arlington Heights, as one of four technology site visits sponsored by the National School Boards Association. District 214 is the second-largest high school district in Illinois, with approximately 12,300 students enrolled in six high schools and four alternative programs.
Keith Bockwoldt, director of technology services at District 214, commented, “We are honored that our district received this national distinction. The recognition confirms the value of the district’s commitment to using technology effectively for students, staff and community.”
Karen Casali, the district’s assistant technology director, added: “I believe our visitors took away some great information. The comments I heard were very positive.”
“It looks like the future of schooling is in very good shape with the aid of the kinds of educational technology I saw here in this district,” said Jay Drew, a teacher at Portage Township Schools in Portage, Indiana.
The district’s technology program includes a teacher-driven pilot project for the use of mobile devices, now in its third year. Teachers are integrating computing devices in their classroom instruction.
By using technology solutions to enhance student learning opportunities, student achievement is reaching new heights in the district, with rising ACT scores, decreasing student failures, and record numbers of students taking and passing AP courses.
Documented results show mobiles devices— iPads, Xooms, Kindles— are bridging the technological divide between wealthy and less well-off students. According to NSBA, District 214 schools also are creating a collaborative, authentic listening, reading and writing environment; developing teacher expertise, and helping students develop better organizational skills.
Visitors, including teachers, principals, tech specialists and school board members, selected the schools they wanted to tour. One comprehensive high school with a STEM-for-all focus uses mobile devices in a hands-on, project-based engineering program, a health careers academy, and a college readiness program.
Another school engages learners through tablet technology and redesigning the curriculumso it is conducive to a “flipped” classroom in which the typical lecture and homework elements of the course are reversed. The teacher’s role under this approach is to tutor students when they become stuck, rather than to impart the initial lesson.
Some visitors learned about mobile computing across the curriculum, specifically in the core academics, elective courses, and with special education students. Others learned how another school is changing the role of the learner from one who is forgetful and disorganized to one who can organize and record data efficiently.
“The visit was well worth our team’s time and energy, as we learned how a similar district incorporated the critical use of iPads broadly in the curriculum,” said Thomas Taylor, assistant superintendent of Portage Township Schools, Portage, Indiana.
“District 214 board members and administrators were on hand to answer questions about how technology and mobile computing are being supported in their schools,” explained a visitor from the Kettle Morraine School District in Wales, Wisconsin.
Visitors engaged teachers in classroom visits and panel discussions about Google Apps and the technology used in the classroom. School leaders explained how the district is managing its infrastructure to support mobile devices, and how it is using mobile devices to:
• integrate blended learning and assessments
• implement a paperless classroom
• deliver STEM programs in architecture, manufacturing and robotics
• train students in social media
• redesign digital curriculum with iBooks Author
• integrate the Digital Instruction Learning Lab ( DiLL) for world language instruction
• enhance parent communication through the HomeLogic portal and a portfolio of online applications
Visitors were told the district is committed to achieving three multi-year instructional goals: 1) decrease the achievement gap of all student NCLB subgroups; 2) increase the student success rate as measured by As, Bs, and Cs; and 3) increase the number of students taking and passing AP courses.
Because of this sharp focus, combined with the district’s robust technology program, growth on ACT assessments has increased 28% in the past 10 years, the number of successful AP tests per student has doubled since 2005 and now is over 2 and a half times greater than ten years ago, and Ds and Fs are down 20% since 2006.
Annual conference housing, registration going online June 10
Registration and housing forms for the 2013 Joint Annual Conference will be available online, beginning Monday, June 10. This year’s event will be the 99th annual conference of the Illinois Association of School Boards and the 81st joint annual conference with the Illinois Association of School Administrators and Illinois Association of School Business Officials.
The forms may be filled out online, but the appropriate number of copies of each (registration – two copies; housing – four copies) must be printed out and mailed to IASB, along with the appropriate fees for each form – $390 per person for each registrant (family members are complimentary) and a $200 nonrefundable deposit for each guestroom requested.
If a district credit card is used, a small processing fee will be assessed and the person filling out the registration must include the name of the card, number, expiration date, and the name of the individual to whom the card is issued. (Note: do not list the security code on the credit card, but do check that the daily limit will cover all submitted fees.)
The link to the registration information and forms will not go live until 12:01 a.m., Monday, June 10. IASB will send an email reminder to all members on Wednesday, June 5. Meanwhile, all up-to-date information about the 2013 conference can be found online at: https://www.iasb.com/jac13/.
Conference hotels and rates
This year, IASB has contracted with eight hotels that will offer the following rates:
Hyatt Regency Chicago: $176
Sheraton Chicago Hotel and Towers: $176
Embassy Suites: $187
Fairmont Chicago Millennium Park: $169
InterContinental Chicago Magnificent Mile: $169
Marriott Chicago Downtown: $169
Swissotel: $171
Westin Chicago River North: $174
IASB has reserved 4,883 rooms for the 2013 conference, according to the IASB Meetings Management office. The peak night (Friday) block of rooms available has increased by 633 rooms compared to last year. Sandy Boston, assistant director and exhibit manager for the association, suggests conference attendees “reserve early, just as in past years, if a specific hotel is sought.”
For housing to be accepted for placement, the completed official housing form and nonrefundable deposits must be accompanied by the completed conference registration form and fees. Housing requests that are not accompanied by the registration form, fees and deposits will be held and not processed until all forms and fees are received in the IASB Springfield office, Boston added.
Hotel assignments
The housing form allows registrants to list all eight choices for their hotel, in descending order of preference. Guestrooms will be assigned daily on a first-received, first-assigned basis. If one of the listed, preferred hotels is available the day the form is received, the first available choice and date assigned will be circled and a copy faxed to the district superintendent.
If none of the listed preferences are available, an alternate hotel placement will be circled, dated and a copy faxed to the district. The district superintendent may then respond by the listed date to reject the placement by fax to IASB Meetings Management at 217/241-2144. If no rejection is received by the listed rejection date, the housing will be assigned to the alternate hotel. If the alternate hotel assignment is rejected by the listed date, IASB will refund the housing deposit to the local district and the district will need to secure its own housing.
Block hotels will only accept conference housing entered by the IASB Meetings Management department, meaning that the conference discount rates are not available through independent travel booking agents or hotel websites.
Any conference registration or housing questions should be directed to IASB Meetings Management at ext. 1115 or 1102.
Each of the eight conference hotels use an email confirmation system, which will be activated by mid-September. Upon receipt of hotel confirmation, all further guestroom communications must be directed to the reservations manager of the confirming hotel. (Note: most hotels charge an early departure fee on onsite departure changes.)
Cancelations , badges
Requests for registration cancellations, less a $75 service fee per registrant, can be honored only if received, in writing, at IASB Meetings Management by Oct. 25. After Oct. 25, all registrations must be completed onsite at the conference registration desk, Grand Ballroom Foyer, Hyatt Regency East Tower.
Conference badges for all individuals listed on the district registration form received by Oct. 25 will be mailed to the district superintendent on Nov. 8. Badge holders may be obtained onsite at the conference registration desk, Hyatt Regency East Tower. Badge holders will also be available Friday at the Hyatt Regency West Tower, Sheraton Chicago Towers and Swissotel, for those attending IASB workshops, Illinois ASBO seminars, IASB secretaries programs, or the Illinois Council of School Attorneys’ seminar.
Most necessary changes in school rules may be sought via waiver law
Applications for waivers from Illinois School Code mandates – such as modifications to school calendar mandates or administrative rules –must be postmarked and mailed to the Illinois State Board of Education by Aug. 16.
Applications to be included in the fall 2013 Waiver Report will be submitted to the legislature by Oct. 1.
A school district may request a waiver or modification of the mandates of state laws or regulations when the district demonstrates it can meet the intent in a “more effective, efficient, or economical manner or when necessary to stimulate or improve student performance.” If the state board fails to disapprove a request, that request is deemed granted. But even requests that are turned down may be appealed to the legislature, which sometimes reverses the state’s administrative rulings.
Nearly 5,600 waiver requests have been approved since the waiver law went into effect in March 1995. Last year, the legislature approved 76 requests.
Under the law, waivers cannot be allowed from laws, rules and regulations regarding special education, eligibility of voters in school elections or teacher tenure, certification or seniority. Nor can waivers be granted under the waivers law to school districts for requirements of the federal No Child Left Behind law.
If school leaders are applying for a modification of School Code mandates (such as legal school holidays), or a waiver or a modification of administrative rules, there is no postmark deadline. But approval must be granted before the modification can be implemented.
The process of applying for a modification of the School Code or a waiver or modification of state board rules is the same as the process used in applying for a waiver of a School Code mandate.
Applicants are encouraged to submit any petitions that address calendar issues to the state board before the calendars affected by the requests are submitted for review. Schools need to submit an amended calendar to their Regional Office of Education and have it approved before any calendar modification can be implemented.
State law also limits the term of physical education waivers. This law provides that an approved physical education waiver or modification may remain in effect for a period not to exceed two school years and may be renewed no more than two times.
Before 2008, P.E. applications could be requested for a maximum of five years.
Before beginning the waiver process, experts suggest that each applicant carefully review requirements outlined in the “Overview for Waiver Process” found online at http://www.isbe.state.il.us/isbewaivers/html/overview.htm.
Application forms and instructions for waivers and modifications are provided by the state board, and these can be downloaded at: http://www.isbe.state.il.us/isbewaivers/html/application.htm.
30 panel proposals picked for ‘Share the Success’ presentations
Thirty panels were chosen from 80 proposals submitted by school districts and related organizations for “Share the Success” presentations at the 2013 Joint Annual Conference. (See the accompanying list.)
The winners have been invited by mail to present their proposed 90-minute panel sessions at the IASB/IASA/IASBO conference, to be held Nov. 22-24 in Chicago. Such sessions are presented by the board members, administrators and other school or community members who were involved in the particular programs showcased.
Panel proposals were evaluated March 1 by a committee of association members on key points, including: 1) interest or relevance for today’s leaders; 2) clarity and conciseness of the proposed presentation; 3) clarity of the objectives and whether they are realistic to present in a 90-minute session; 4) evidence regarding whether the presentation will address the appropriate school board role on the chosen topic; and 5) evidence of creativity and an innovative approach to the issue or topic.
Those who submitted proposals that were not selected for presentations in the 90-minute panel sessions may still be offered an opportunity to present on their chosen topic during the conference. IASB will again be featuring many such sessions in a Carousel of Panels event on the afternoon of Nov. 23.
The Carousel allows presenters a chance to make three, one-half-hour presentations on their topic in less than two hours, enabling attendees to gather a wide variety of information in a short time.
“The Share the Success proposals were incredibly varied and valuable, and represent topics of relevance to today’s board members,” said Nesa Brauer, IASB trainer, who supervised the Springfield panel of volunteers that helped to choose panel presentations from among ideas submitted by member districts.
“The Share the Success proposals were incredibly varied and valuable, and were some of the best we have ever seen,” said Nesa Brauer, IASB consultant who worked with a Springfield panel of volunteers that helped to choose panel presentations from among ideas submitted by member districts.
A description of all the chosen panels that appear on the accompanying list of topics will be included in the conference preview, to be posted online by the middle of September.
Voters pass 31 percent of tax plans, 17 percent of bond issues
A quick look at unofficial school referendum results indicates voters approved 31 percent of local school tax increases, 17 percent of school bond issues, and 33 percent of county sales tax proposals for school facilities on the April 9 ballot.
School districts were successful on four of 13 tax referenda for educational purposes, namely those in Auburn CUSD 10; Leland CUSD 1; Millburn CCSD 24, Wadsworth; and Somonauk CUSD 432 . The Millburn proposition specifically called for an increase in so-called tax cap limitations imposed under the Property Tax Extension Limitation Law (PTELL).
Voters defeated tax increase proposals in Giant City CCSD 130, Carbondale (PTELL); Grant CCSD 110, Fairview Heights; Itasca SD 10 (PTELL); McClellan CCSD 12 (PTELL); Meridian CUSD 223, Mounds; Nauvoo-Colusa CUSD 325; O’Fallon CCSD 90; Pembroke CCSD 259, Hopkins Park; and Unity Point CCSD 140, Carbondale (PTELL).
Building bond issues were approved by voters in two districts, namely those in Hall THSD 502, Spring Valley ($32 million in general obligation bonds to fund construction of a new high school building); and THSD 113, Highland Park ($89 million in general obligation bonds for additions and renovations to high school buildings). The Spring Valley referendum passed by just three votes, 1,716 to 1,713, and officials said the results could still be overturned by absentee votes not yet counted.
The lone working cash bond issue on the ballot was defeated in Herscher CUSD 2 ($3 million). Nine other defeated bond issues were for the issuance of building bonds, including proposals in: Princeville CUSD 326; North Palos District 117; Butler SD 53; Wheaton Warrenville CUSD 200, Lake Park CHSD 108, Roselle; McHenry CHSD 156; Harrisburg CUSD 3; Smithton CCSD 130; and Illini West CHSD 307, Carthage.
Of 18 countywide sales tax increase proposals earmarked for school facility purposes, voters approved six, including: Boone County, Christian County, Douglas County, Henry County, Livingston County, and Mercer County.
But voters said no to imposing additional sales taxes in: Crawford County, Lee County, Fulton County, Jersey County, LaSalle County, Livingston, Marshall County, Ogle County, Randolph County, Tazewell County, Whiteside County, and Woodford County.
Three school district consolidation proposals appeared on the ballot and two were approved, including East Coloma Elementary District 12 with Nelson Elementary District 8, located in portions of Lee and Whiteside Counties. Local voters also approved consolidation to dissolve Atwood-Hammond CUSD 39 and annex it to Arthur CUSD 305. The expanded Arthur district, headquartered in Douglas County, will include territory in Champaign, Moultrie and Piatt counties.
Narrowly defeated was a proposed consolidation of three districts in Hamilton and Jefferson Counties in southern Illinois. The proposition sought to combine Dodds CCSD 7, Ina CCSD 8, and Opdyke-Belle Rive CCSD 5. The referendum needed to pass by a majority vote in all three districts. It passed overwhelmingly in the Dodds and Ina districts, but fell just 17 votes short in the Opdyke-Belle Rive district.
One of five questions on the ballot to change subdistrict requirements for the election of school board members at large was okayed in Oswego CUSD 308. The measure was rejected in Tri-City CUSD 1,Rossville-Alvin CUSD 7 and Paw Paw CUSD 271. Voters in Jacksonville SD 117 rejected a proposal to elect school board members from subdistricts rather than at-large.
The next regular election is the general primary to be held March 18, 2014. The deadline for placing public policy questions before voters at that election is Dec. 30, 2013.
New board member packets help novices get jump start on boards
School board members elected in April 2013 soon will be receiving a packet of helpful information from IASB to help them hit the ground running.
Even before the consolidated general election on April 9 was over, the packets were ready to go out. They will be mailed out as soon as member districts let the Association know who their new board members are.
The list of items contained in the packet includes: Memo from IASB Executive Director Roger Eddy; memo to new member’s family; flyer announcing IASB’s New Board Member Workshops; brochure: The Effective School Board Member; division meetings information; IASB Members-Only website flyer; Field Services Division map; conference flyer; IASB’s Publications flyer; Illinois School Board Newsbulletin flyer; Open Meetings Act flyer; association benefits brochure; School Board Governance Basics publication; article: “Protect Your Good Name,” and a sample copy of The Illinois School Board Journal.
For more information about submitting needed names and contact information, phone IASB’s Janice Kidd at ext. 1142.
EEE award entries sought for top school designs in juried competition
Is your district particularly proud of a new building or renovation? Then why not help the architect or other design professional responsible for it earn recognition and awards in the 2013 Exhibition of Educational Environments (EEE) program?
The annual EEE awards program is sponsored by IASB Service Associates, a special arm of the Association comprised of private firms that have an exemplary record of providing good products and services to schools.
The juried competition is open to firms engaged in any aspect of designing public school facilities.
Entries are due in IASB offices by July 19, and must be made by — or with the written permission of — the author/owner of project design documents. Each entrant is limited to no more than two entries per year, and no project may be entered more than once. There is a $300 fee for each entry (maximum of two entries).
Nineteen projects were chosen to compete last year and were placed on display during the Joint Annual Conference. A description of the 2012 winners can be viewed at: https://www.iasb.com/jac12/eeewinners.cfm .
For more information about the School Design Data File, call the IASB office at ext. 1105, or email jnelson@iasb.com.
Entry flyers for the competition will be mailed in June. For more information, contact IASB’s Dana Heckrodt, ext. 1131.
PERA training included in two online courses meeting state mandates on OLC
Need to meet state mandated training requirements? IASB has two online courses that address mandatory training for school board members. Both Open Meetings Act Training and Professional Development Leadership Training, which includes PERA training for school board members, are affordable and can be taken anytime or anywhere.
Open Meetings Act Training (OMA)
This course focuses on the law as it applies to school board meetings and members. Every school board member elected to their first term or filling a board vacancy must complete the training within 90 days of taking the oath of office.
The cost of the online course is $30 for IASB members and $60 for non-members.
PDLT and PERA training
“Professional Development Leadership Training (PDLT) and Performance Evaluation Reform Act (PERA) training for school board members” is now available. This four hour training session covers education law, labor law, financial oversight and accountability, and fiduciary responsibilities. Every school board member elected or appointed after June 13, 2011 must complete the training within their first year of service.
This course also fulfills the requirements of PERA training for school board members. School board members who participate in a vote on a teacher dismissal based upon an “optional alternative evaluative dismissal process for PERA evaluations” must complete this training prior to voting on such a dismissal.
Pricing for PDLT/PERA is $50 for IASB members and $100 for non-members.
To learn more visit: https://www.iasb.com/training/onlinelearning.cfm
Arbitrators’ decisions are difficult to challenge
The Illinois Supreme Court’s most recent school labor law opinion reminds everyone that challenging an arbitrator’s decision is difficult. The case arose out of the dismissal of a library aide. The superintendent recommended that the board dismiss the aide after documenting her negative performance. The superintendent notified the aide that she was being dismissed because she did not “relate well” to students and was “not always pleasant,” and offered her the opportunity to respond to these deficiencies at the next school board meeting. The aide filed a grievance focusing on the lack of the notice’s specificity, lack of opportunity for her to respond, and lack of adequate warning.
The arbitrator reinstated the library aide believing that the school board had acted arbitrarily and capriciously. The arbitrator pointed to the following clause in the collective bargaining agreement for his conclusion that the aide was entitled to a fair hearing before being discharged:
When a member of the bargaining unit is required to appear before the board of education concerning any disciplinary matter, the staff member shall be given reasonable prior written notice of the reasons for such meeting and shall be entitled to have a personal representative at said meeting, if so requested by employee.
According to the arbitrator, the district arbitrarily violated this clause by dismissing the library aide before first telling her about deficiencies in her performance and before affording her an opportunity to speak at a board meeting. The arbitrator ordered the district to reinstate the library aide; the labor board affirmed the arbitrator’s order.
The appellate court vacated the arbitrator’s award and found that the employee was at-will and subject to dismissal for any or no reason. It also found that the arbitrator inappropriately applied his interpretation of “industrial justice.”
The Illinois Supreme Court reversed finding that the appellate court missed the issue. Correctness of the arbitrator’s interpretation of the bargaining clause should not have been considered. Rather, the question was whether the arbitrator’s decision drew its essence from the collective bargaining agreement. Here, the arbitrator did just that – his determination that the district violated the bargaining agreement was based on his interpretation of the clause quoted above.
The Supreme Court also rejected the district’s assertion that, even if it had violated the bargaining agreement, any such violation was of zero consequence because the library aide was an at-will employee. This argument was supported by the absence of a “just cause” provision in the bargaining agreement. A “just cause” provision negates the argument that an employee works “at the will” of the employer by requiring an employer to have a good reason and use a fair process to discipline or dismiss employees. The clause in the bargaining agreement quoted above was sufficient for the arbitrator to discard the district’s argument that the library aide was an at-will employee.
Lessons learned. This case began with the arbitration of a grievance. Grievance arbitration is the process for resolving disputes concerning the interpretation of a bargaining agreement. A school board wanting to appeal an arbitrator’s decision must refuse to comply with the award, and then defend the resulting unfair labor practice charge before the Illinois Educational Labor Relations Board (IELRB). Appeals of an IELRB decision go directly to the Illinois Court of Appeals. An arbitrator’s award is set aside only under very limited circumstances because public policy favors resolving collective bargaining disputes by arbitration. It is not enough to show that the arbitrator committed an error. An appellate court will vacate an arbitrator’s award only when the arbitrator exceeded the scope of his or her authority and reached a decision that fails to draw its essence from the collective bargaining agreement. Boards should be extremely mindful of union-proposed contract language remembering that an arbitrator may one day interpret that language and that the arbitrator’s interpretation is subject to a very limited review.
IASB and IASA participated in this case as Amici or friends of the court. Stan Eisenhammer and Laura Pavlik (Hodges, Loizzi, Eisenhammer, Rodick & Kohn LLP) wrote the brief gratis. We appreciate their willingness to help our associations serve Illinois school districts. Griggsville-Perry Community Unit School District No. 4 v. The Illinois Educational Labor Relations Board, et al., 2013 IL 113721 ( Ill. Supreme Court, 2-22-2013).
Popular court decisions service renamed and expanded on web site
Recent Court Decisions, an IASB member service that reports on important and interesting school law decisions, has been expanded and renamed.
Its new name, Recent Court and Agency Decisions, better reflects its addition of a new general area “Public Access Counselor Opinions.”
The expansion will include brief summaries of Illinois Attorney General binding Public Access Counselor (PAC) opinions.
IASB’s members have great interest in these opinions, which interpret the Open Meetings Act (OMA) and the Freedom of Information Act (FOIA).
The service will feature PAC opinions cited in IASB’s Policy Reference Education Subscription Service (PRESS) materials. Other key opinions that may be of significant interest to school officials will also be posted.
A link to the Illinois Attorney General’s webpage that lists all binding PAC opinions by year of release is provided within the PAC opinions’ general area.
The popularity of this service for IASB members is reflected in the total of 1,752 visits paid to the Recent Court Decisions webpage (see link below) over the past six months, from October 2012 to March 2013.
IASB’s Office of General Counsel, and its pro bono law clerks, summer externs prepare the summaries for this service.
IASB’s pro bono law clerks and summer extern program is facilitated through Valparaiso University School of Law.
In this program, law students receive either school credits (working through the summer extern program) or meet their pro bono requirements for graduation.
The homepage for this online member service is http://iasb.com/law/courtdecisions.cfm .
New PRESS sample policy shows how schools can accommodate mobile devices
Technology is becoming the pen and paper of our time. Mobile devices are now in the hands of most students, and they are the window through which most of them experience their world. Yet many students are still using analog tools during school hours.
School leaders around the country are trying to change that. They are beginning to use the abundance of technology available to everyone’s instructional-advantage by incorporating student-owned mobile devices in the curriculum. The reality that technology is almost an appendage to most students, and educators, underscores the major reason fueling demand for a “BYOT” policy, which means “bring your own technology.” It is sometimes also referred to as bring your own device (BYOD).
Before adopting a BYOT policy and implementing a BYOT program, school officials should consider how the policy and program fits into the district’s mission statement for instruction. According to the IASB Office of General Counsel, this type of policy purpose will be different for each board and its community, mainly because each community has different philosophies and needs.
A recently published PRESS sample policy added mobile devices to the curriculum only, as another available instructional tool, and stressed the importance of focusing on responsible use and conduct. It incorporates already-existing policies and procedures into the program, and all other policies, rules and conduct for students and staff that apply to mobile device use during non-instructional time remain unchanged.
The PRESS “BYOT package” is a mix of new materials and one existing piece of material, as follows:
1. 6:220,Bring Your Own Technology (BYOT) Program; Responsible Use and Conduct.
2. 6:220-E1, Exhibit - Authorization to Participate in Bring Your Own Technology (BYOT) Program; Responsible Use and Conduct Agreement.
3. 6:220-E2, Bring Your Own Technology (BYOT) Program Student Guidelines.
4. 7:190-AP5, Student Handbook —Electronic Devices.
Subscribers can see the recently published PRESS Issue 81 (March 2013) for more details on these materials. More information about the Association’s sample policy subscription service is available at: https://www.iasb.com/policy/overview.cfm , or by calling ext. 1119.
Journal for May-June looks at pros and cons of education approaches in other countries
The cover of the May-June issue of The Illinois School Board Journal asks the question: “Education in other countries…is it really better, or just different?”
Several articles in this issue attempt to answer that question. The cover story focuses on Japan, and features an American who teaches English as a second language in Japan. He sees similarities but significant differences between the countries and their concept of public education.
Two Illinois professors of educational leadership spent several months examining the reasons for Finland’s school success. They suggest a culture of innovation is the key.
The latest issue of the Association magazine is now in the mail to members and can also be read online at: https://www.iasb.com/journal/j050613_01.cfm.
Three veteran staff members, leaders announce their retirements, resignation
Three long-serving, highly effective IASB staff members have chosen to retire this month. After 19 years of dedicated service, Angela Peifer, associate executive director of board development/TAG, recently announced her retirement effective April 30. And after nearly 37 years of dedicated service, Diane Cape, senior director of production services, also announced her retirement, effective May 3.
In addition to these retirements, after 21 years of service to IASB members, Dawn Miller has resigned her post as part-time consultant for executive searches. Before joining the executive searches department, she worked as a field services director, serving Northwest, Kishwaukee and Lake Divisions.
“Clearly, we owe Dawn, Diane and Angie a debt of gratitude for their many contributions to the Association over the years. We will miss their wisdom, innovation and dedication,” said IASB Executive Director Roger Eddy.
“I am proud to have spent most of my career here at the Association, and prouder still to have been connected with such a tremendous group of hard-working, good people,” said Cape. She began working for IASB in August 1976, and is perhaps best known to many board members as manager of the conference bookstore, a service she created and launched 30 years ago.
“It has been an honor to serve so many wonderful people in our member districts, and to work to help meet their needs,” Cape added.
Peifer echoed those sentiments: “I have been so proud of my association with the IASB over the past nineteen-and-a-half years,” said Peifer. “The work that the IASB does to promote its mission of ‘excellence in local school governance and support of quality public education’ is unique among the state associations.
“Our focus on and commitment to the mission led us to the development of IASB’s Foundational Principles of Effective Governance. Those Principles have served as the centerpiece of our work for a long time and have allowed us to be consistent in our message while we worked on improving … I can’t wait to see how my colleagues continue to move this work forward,” Peifer said.
Miller previously served on two local school boards and was an IASB director. She was in line to become Association president in 1992 when she was approached by then-Executive Director Wayne Sampson to join the IASB staff.
Miller retired from full-time work in 2007, but agreed to move into the newly formed executive searches department, continuing her work with boards, superintendents and other district staff. She also was active in helping colleagues, and moderating panels state and nationwide.
Ashland (April 11, State Journal-Register, Springfield) The newly elected A-C Central CUSD 262 school board majority opposes a planned consolidation with a neighboring district. Voters elected four board members who campaigned on that issue. After the board decided to take the next step toward consolidation. Among seven vying for four seats on the board, two defeated incumbents were the only candidates who did not oppose consolidation.
Carpentersville (April 16, The Daily Herald) CUSD 300 is readying to lobby in Springfield against transportation funding cuts. Officials expect District 300 transportation funding to drop from $1.8 million to $60,000 if the governor’s proposed state budget passes. District 300 already gets 24 percent less in transportation funding than in 2010. Officials worry cuts will create safety concerns for students walking to school, increase absenteeism and cause logistical problems.
Champaign (April 8, News-Gazette) The Champaign CUSD 4 board heard about a program April 8 to provide students a chance to learn and catch up on homework, rather than being suspended. The suspension alternative program would offer students social skills classes directly related to the reason they were suspended. It would also offer instruction on reading and math.
Chicago (April 16, Chicago Tribune) Prevented from stopping CPS from closing 54 schools, the Chicago Teachers Union announced it will turn its attention to a voter registration campaign and efforts to oust Mayor Rahm Emanuel and other officials. The union said April 15 it will be looking for candidates to replace aldermen and legislators who’ve opposed them. The board is expected to vote on school closings May 22.
Danville (April 8, News-Gazette) The Danville CCSD 118 board will review a new report-card program for kindergarten through second grade. Standards-based cards replaced letter grades in math and English/language arts with numeric ratings indicating a student’s proficiency against learning standards.
Harvey (April 20, Chicago Sun-Times) Gov. Patrick Quinn recently pardoned Harvey District 52 board president Janet Rogers on two felony convictions. Attorney General Lisa Madigan’s office had prosecuted Rogers in 2004 for allegedly falsifying her income to help her late son get college aid. Earlier this year, Madigan’s lawyers asked a judge to boot Rogers off the board. But the pardon could help Rogers keep her board seat.
Naperville (April 2, The Daily Herald) A public hearing on a charter school proposed for the Fox River Valley included a charter representative who was unable to answer most of the questions posed by the Naperville CUSD 203 board. Members were put off by the effort. Some warned the school still might be approved by a state charter school commission, though, even without local board approval.
Plainfield (Apr 16, Naperville Sun) Plainfield SD 202 will pay Naperville-based Edward Hospital about $750,000 over the next three years rather than in one lump sum through an agreement negotiated in response to a change in state tax law. The district 202 board approved the agreement at its regular meeting April 15. Last summer, the legislature approved a new law allowing non-profit hospitals to be exempt from local property taxes if they can show they have done charitable work equal to or more than the property taxes they would otherwise owe.
Statewide (April 1, Chicago Tribune) Back-door subsidies are boosting budgets of select districts not eligible to get added funds from property owners because of so-called tax caps. These “adjustments” have increased to $502 million for 292 districts this year.
New RtI Website
A website set up for ISBE focuses on supporting and coaching the sustainable implementation of Response to Intervention ( RtI). Visit: http://www.illinoisrti.org to access information about RtI and resources for administrators, educators, RtI coaches, parents and families, and higher education faculty.
PEAC resources offered
The Performance Evaluation Advisory Council on teacher and principal evaluation plans offers a variety of district tools. New implementation resources provide instruction as districts ramp up implementation plans for the Performance Evaluation Reform Act (PERA). Useful items are on the PEAC webpage under Implementation Guidance for PERA, highlighted in yellow. Go to: http://www.isbe.net/PEAC/default.htm.
Safety training set
ISBE invites school leaders to attend a training seminar providing an introduction to school threat assessments for those in the K-12 school environment. School Threat Evaluation Program (STEP) training will be at the University of Illinois at Springfield in two sessions: Session 1 is May 22-23; Session 2 is May 23-24. To learn more or register, click the link below and enter code: Safe123. Register at: http://www.iema.illinois.gov/iema/training/SchoolSafetyConf/default.asp .
Tdap requirement
The Illinois Department of Public Health recently distributed a memo on the new Tdap (tetanus, diphtheria, acellular pertussis) vaccination requirement for schools for the 2013-14 school year. It is available online at: http://www.isbe.net/pdf/school_health/tdap-reminder0413.pdf .
Nominations sought
The IASB nominating committee is seeking candidates for Association president and vice president. Criteria are: leadership experience and general participation in IASB; leadership experience on the local board; involvement with other education-related organizations; other leadership experiences; special talent or interests of benefit to IASB as now constituted.
Applications are due by early August and candidates will be interviewed that month. A candidate slate will be presented at conference in November. Interested candidates should call ext. 1102 for more information.
Governance meetings listed
IASB division governing meetings are listed on the calendar page on the Association’s website at https://www.iasb.com/calendar/.
The meetings, which began April 25 and will conclude on June 19, are intended to maintain the self-governance of each division and conduct any business that may come before the division’s governing committee. This is also where division leadership is selected.
Resolutions due in June
There is yet time for school boards to submit resolutions for the 2013 Delegate Assembly, the Association’s policy-setting mechanism. The resolutions deadline is June 19. Information and resolution forms were mailed to superintendents and board presidents in early April.
A committee representing each of the 21 IASB divisions will meet Aug. 2 to review school board proposals. Written appeals to committee decisions are allowed. Forms are available by phone or by downloading at: http://iasb.com/govrel/2013Resolutionform.pdf.
May 9 –Corn Belt Division Summer Governing Meeting, Fairbury
May 10-11 –New Board Member Boot Camp, Effingham
May 10-11 –New Board Member Boot Camp, Crystal Lake
May 10 –Mandatory Training, Crystal Lake
May 10 –Mandatory Training, Effingham
May 11 –Basics of Governance Workshop, Crystal Lake
May 11 –Basics of Governance Workshop, Effingham
May 17-18 –New Board Member Boot Camp, Glen Ellyn
May 17 –Mandatory Training, Glen Ellyn
May 17-18 –IASB Board of Directors’ Meeting, Springfield
May 17 –Mandatory Training, Carbondale
May 17-18 –New Board Member Boot Camp, Carbondale
May 18 –Basics of Governance Workshop, Glen Ellyn
May 18 –Basics of Governance Workshop, Carbondale
May 22 –BoardBook Webinar, Online
May 29 –Southwestern Division Summer Governing Meeting, Belleville
May 30 –Two Rivers Division Summer Governing Meeting, Jacksonville
May 31 –Mandatory Training, Normal
May 31 - June 1 –New Board Member Boot Camp, Normal
May 31 –Mandatory Training, Glenview
May 31 - June 1 –New Board Member Boot Camp, Glenview
For more current information, see www.iasb.com/calendar/