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School Board News Bulletin
June 2001

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State Budget provides significant increases to education

Task force urges focus on improving student learning

Governor partially reprieves retired teachers from skyrocketing premiums

Program for low-income students cuts Chicago dropout rate

LEGISLATIVE DEVELOPMENTS

Pension bill would allow retirees to serve longer as temporary superintendents

THE NATIONAL SCENE

Judge blocks prayers at high school graduation ceremony

Chicago Board President resigns, followed by CEO Paul Vallas

NEWS FROM IASB

Donna Johnson to join IASB Field Services staff

TOOLS FOR SCHOOLS

Free advice about referendum success offered

Useful Web sites listed

WORKSHOPS & MEETINGS

U.S. math, science instruction topic of institute program

Charter for Illinois Children shares community improvement vision

DEVELOPMENTS IN SCHOOL LAW

Despite state lawmakers' adoption of a "maintenance budget" for FY 2002 - one that contained little new money in most spending categories - schools received a substantial $230.3 million increase in general state aid. With the budget adopted May 31, the legislature boosted the foundation level for general state aid by $135 per pupil, meanwhile fully funding categorical programs and increasing poverty grants across the board.

The "bottom line" is that lawmakers increased the general funds appropriation to the Illinois State Board of Education by $303 million, including a $91 million boost for the downstate teacher retirement fund.

Essentially the state budget for schools was contained in two bills:

H.B. 3050 (Turner, A., D-Chicago), the school aid formula bill, increases the general state aid foundation level for the 2001-2002 school year from $4,425 per student to $4,560 per student. This legislation authorizes the calculation of general state aid using the best average daily attendance of the past three years. It also continues the hold harmless and continuing appropriation provisions for one year, and allows all school districts access to the "poverty grant."

H.B. 3440 (Madigan, D-Chicago), the budget bill, supports the changes in H.B. 3050 and fully funds mandated categorical programs.

A supplemental appropriation was approved, as well, to make up the shortfall in last year's categorical grant programs. Between the supplemental appropriation and the new FY '02 state aid increase, $3.225 billion in general state aid will be sent to Illinois school districts. Much less money (roughly $28.8 million less) was needed to fund the hold harmless line item than last year; the line item this year totals $37 million.

For the legislature to fund the new foundation level and the new poverty grant formula and still remain within budget, funds had to be shifted from other priorities outlined in Governor Ryan's budget proposal. Lawmakers first shifted funds away from the state superintendent's priority programs, holding most State Board of Education line items at last year's funding level.

The majority of the funds reallocated to general state aid came from the school safety and educational improvement block grant. The governor had recommended the block grant remain at last year's level, roughly $111.6 million, but the legislature reduced the appropriation to $72 million (a $35.6 million difference). The legislature then "zeroed out" the Professional Development Block Grant, taking the entire $24.3 million and putting it into general state aid and poverty grants. Though these line items were reduced drastically, budget analysts say every dollar originally budgeted in them will be sent to school districts, allowing districts the discretion of targeting local priorities.

The following line items were significantly increased, even while most other state board line items were funded at last year's level.

One apparent controversy of the budget outcome involved early education. The $4 million increase for Early Childhood Education is $3.2 million less than recommended by the governor. Earlier this year Governor Ryan announced the formation of a task force to design and implement a statewide preschool system that would make services available to all parents who choose to use them. Despite this action, the budget proposal included only a 4 percent increase for pre-kindergarten education, which represents fully 92 percent of the Early Childhood Education Block Grant. Voices for Illinois Children advocates say the final appropriation increase -at roughly 2 percent - cannot serve the eligible children on long waiting lists. It is also the smallest increase since the program's inception in 1985.

The School Construction Grant Program, on the other hand, was generously funded. Along with the increases granted in the state's bonding authority for construction projects and the Illinois First Program, the state will be authorized to spend $740 million in new money for school construction projects. This sum will cover all school districts currently waiting for state funding for pending projects that have been properly approved.

In contrast, the School Maintenance Grant Program will not receive funding. An existing statute still contains language that says: "The School Infrastructure Fund is created as a special fund in the State Treasury. In addition to any other deposits authorized by law, beginning January 1, 2000, on the first day of each month, or as soon thereafter as may be practical, the State Treasurer and State Comptroller shall transfer the sum of $5 million from the General Revenue Fund to the School Infrastructure Fund." This was the fund that paid for the school maintenance project grants.

The line item in the State Board of Education budget that appropriated these funds, however, was reduced to zero. Sources at the Bureau of the Budget, the State Board of Education and the Illinois Senate have said that no money is available for maintenance grants and that the program is suspended pending further funding.

To examine the state's school funding plan line item by line item, visit the ISBE Web site at http://www.isbe.state.il.us/news/02FinalWeb.pdf.

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The respected Institute for Educational Leadership (IEL) says the recipe for success for effective school district leaders must include planning for recruitment and succession; creating and maintaining an informed leadership base; building a learning organization; and holding leadership accountable.

That advice comes from a new report of the IEL's Task Force on School District Leadership called Leadership for Student Learning: Restructuring School District Leadership. (For a copy of the report, visit the IEL Web site at http://www.iel.org/pubsframeset.html.)

The task force is headed by Rod Paige, U.S. Secretary of Education, and by Becky Montgomery, a member of the NSBA Board of Directors. Montgomery chairs the St. Paul (Minnesota) Board of Education and is also a member of the IEL Board of Directors.

Montgomery was quoted in the April Newsbulletin about the need for changes in the school governance structure. Her local school district is weighing just such a change, based largely on the IASB governance principles.

IASB Field Services Directors John Cassel and Angie Peifer have been working with the Minnesota School Boards Association board of directors on governance. Montgomery was exposed to them in that context, and consequently they were asked to spend some time with the St. Paul school board.

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Governor George Ryan ordered May 5 that the premium increase for the Teachers' Retirement Insurance Program (TRIP) be reduced to 21 percent. The state had announced plans for a 45 percent increase. The governor accomplished that feat by ordering the state agency responsible for program administration to accelerate use of the funds appropriated for the insurance program this year, meaning program appropriations should run out at mid-year. The increase is effective July 1; the program will be facing a real crisis by December.

The Illinois Senate has appointed a special bi-partisan committee to look into the matter and report its findings by November 1, 2001. IASB Executive Director Mike Johnson and IASA Executive Director Walt Warfield have been named to the committee, along with lawmakers and state leaders. The governor is appointing a committee as well.

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CPC, a Chicago program that aims to help educate low-income kids and their parents, can improve the chances for students to finish high school and avoid incarceration, researchers report. The program is offered in 25 low-income neighborhoods in Chicago.

"These findings are among the strongest evidence that established programs administered through public schools can promote children's long-term success," researchers wrote in The Journal of the American Medical Association May 9 edition. The study was led by Arthur J. Reynolds, a professor at the University of Wisconsin at Madison.

The research looked at the Chicago Child-Parent Center (CPC) Program, a federally funded preschool program. The CPC is active in the most impoverished areas of Chicago, providing family support and educational services to kids from ages three to nine. Unlike other programs, it also involves children's caregivers and lasts as long as six years.

Source: Reuters online, "Program for low-income kids reduces dropout rate," May 8, 2001.

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NEWS FROM IASB

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Donna Johnson has been chosen the new IASB Director of Field Services for the Association's South Cook, Three Rivers and West Cook Divisions, effective June 25, 2001. Previously, she had been a speech therapist, first grade teacher and, most recently, reading coordinator for Hazel Crest District 152.5, East Hazel Crest.

"I think school boards make valuable decisions that impact children as well as teachers and administrators," Johnson said. "I think that what they do is highly important, maybe sometimes even more important than they know, so I look forward to working with them," she added.

Johnson recently completed her certification in educational administration and supervision, type 75, at St. Xavier University. She earned her master's degree in teaching and leadership from that same school in 1998, and she also holds a BSE in speech pathology, which she earned from Arkansas State University in 1976.

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WORKSHOPS & MEETINGS

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Raising the level of science and mathematics learning in this country will be the focus June 18 and 19 of a summer institute at the Adler Planetarium. The program is sponsored by the First in the World Consortium, a group of 18 school districts whose goal is for U.S. students to become first in the world in math and science.

Consortium school staff will examine strategies for providing professional growth for math and science teachers, and revising curriculum to reflect world-based standards.

Further information is available by contacting Bud DesCarpentrie, president, First in the World; and superintendent, Wheeling District 21, phone 847/520-2727.

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The Charter for Illinois Children, an organization endorsed by IASB, recently completed the second of two regional conferences designed to give participants tools and skills to directly help Illinois children, and to explore collaborative efforts to help kids. The first conference was held in March at the College of DuPage, Glen Ellyn; the second was held Tuesday, May 16, at Bradley University, Peoria.

John P. (Jody) Kretzmann, a community building expert, was the keynote speaker at the May 16 event. Kretzmann spoke about the work of the ABCD Institute to identify and use the assets of a community rather than focus on community deficits.

"This applies to the Charter effort to enhance children's well-being because community strengths-such as parents, teachers, schools, businesses, faith groups, youth, and others-are valuable to the well-being of children in a community," said Melissa Olson, a spokeswoman for the Charter.

Kretzmann is co-director of the Asset-Based Community Development (ABCD) Institute at Northwestern University. The Institute works with community building leaders to conduct research, produce materials and otherwise support community-based efforts to mobilize citizens' resources to solve problems.

The Charter was created by hundreds of Illinois citizens and organizations in 1999 to focus on six areas of child well-being: 1) health, 2) education, 3) safety, 4) families, 5) economic security and 6) arts and recreation. The group's Charter is a comprehensive assessment of shared vision and responsibility for the children of Illinois in these specific areas.

Organizers say the next step in the Charter campaign will be to unite organizations and individuals across the state around the goal of helping all Illinois children flourish. Organizers say they would welcome board members and school districts as Charter members.

For more information or to get a copy of the Charter itself or attend any future meetings, contact Kim Fitzgerald at Voices for Illinois Children. Phone 312/516-5557 or e-mail: kfitzgerald@voices4kids.org. Sources: Melissa Olson and Kimberly Fitzgerald, Charter for Illinois Children.

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TOOLS FOR SCHOOLS

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A long-time Illinois superintendent has written a summary of solid advice on how to get voter approval at a school finance election. And the publication is available at no charge.

The author is Hank Boer, who retired as superintendent of Streator Township High School District 40 and since has served as an interim superintendent for a number of school districts. His book, Illinois School District Referenda, was published recently by the Illinois Institute for Rural Affairs at Western Illinois University. The 24-page booklet covers the strategies that are essential for a successful school referendum-the trust and confidence of constituents, establishing the need, and establishing a plan for meeting the need. Also covered are the basic legal requirements for a referendum.

Illinois School District Referenda is available at no charge while supplies last from Illinois Institute for Rural Affairs, Western Illinois University, 1 University Circle, Macomb, Illinois 61455. The booklet also is available from the Institute's home page on the World Wide Web: http://www.iira.org/pubs.

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New school board members elected in April may be particularly interested in the following key Web sites of value to school leaders.

U.S. Office of Education - federal education department, a great source for news, guides to research and teaching resources, grant information, people, publications and government services.

The National School Boards Association - nationwide advocacy and outreach organization for public school governance, a great source of information regarding the search for excellence and equity in public elementary and secondary education in the United States through school board leadership.

Illinois State Board of Education - state education department, a tremendous source of information about Illinois school districts.

Gateway to Educational Materials - Clearinghouse pathway to education materials and resources found on various federal, state, university, non-profit and commercial Internet sites.

IASB- the only site designed primarily with Illinois school board members' needs in mind.

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DEVELOPMENTS IN SCHOOL LAW

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by Melinda Selbee, IASB's general counsel

Limiting student speech that sabotages the learning environment (Part II)

Part I of this article suggested some summer homework for board members: begin a conversation with both the superintendent and the community on the promotion of acceptable standards of classroom conduct. In this post-Columbine, electronic-saturated era, it is no longer adequate to have board policies limited to penalizing students for disruptive or violent conduct. Seeing speech as a precursor to action, school officials limit student speech that is obscene, threatening, abusive, harassing, or counter-productive. While maintaining order and promoting acceptable standards of conduct are extremely important, school officials must still respect students' constitutional right of free speech as guaranteed by the First Amendment.

Before discussing recent cases that examine the tension between efforts to regulate student speech and students' free speech rights, Part I reviewed the framework that helps us analyze the extent to which student speech may be regulated. A school may categorically prohibit lewd, vulgar, or profane speech. Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986). A school may regulate school-sponsored speech on the basis of any legitimate educational concern. Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988). A school may regulate all other student speech only if the speech would substantially disrupt the school operations or interfere with the rights of others. Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969).

A case decided earlier this year illustrates how the laudable objectives in an anti-harassment policy do not save it from being unconstitutionally overbroad. Saxe v. State College Area School District, 240 F.3d 200 (3rd Cir. 2001). The school had an extensive anti-harassment policy to prevent student-to-student harassment. Harassment was defined as follows:

Harassment means verbal or physical conduct based on one's actual or perceived race, religion, color, national origin, gender, sexual orientation, disability, or other personal characteristics, and which has the purpose or effect of substantially interfering with a student's educational performance or creating an intimidating, hostile, offensive environment.

Harassment can include any unwelcome verbal, written, or physical conduct which offends, denigrates, or belittles an individual because of any of the characteristics described above. Such conduct includes, but is not limited to, unsolicited derogatory remarks, jokes, demeaning comments or behaviors, slurs, mimicking, name calling, graffiti, innuendo, gestures, physical contact, stalking, threatening, bullying, extorting, or the display or circulation of written material or pictures.

A parent challenged the policy claiming it violated the First Amendment. The parent believed homosexuality is a sin and feared his children would be punished for articulating these beliefs at school. The policy, according to him, was a content-based regulation of speech prohibited by the First Amendment. He further alleged the policy was unconstitutionally vague and overbroad.

The court tested the "anti-harassment" policy with the Tinker-Fraser-Hazelwood trilogy and found that the policy prohibited a substantial amount of non-violent, non-school-sponsored student speech. The prohibited "harassment," as defined by the policy, did not rise to the level of substantial disruption under Tinker. The part of policy prohibiting speech that ‘creates an intimidating, hostile or offensive environment' required no threshold showing of severity or pervasiveness. The court recognized that this prohibition included any speech about some enumerated personal characteristics, political or religious speech, and speech about contentious issues. "Such speech, when it does not pose a realistic threat of substantial disruption, is within a student's First Amendment rights."

The court distinguished the Tenth Circuit Court of Appeals' decision upholding a policy banning hate speech. West v. Derby United School District #260, 10th Cir. App., 2000, pending before the U.S. Supreme Court. The school district in that case, unlike State College Area School District, had a history of student disturbances involving a protected status, such as race, gender, or religion.

Like sweeping anti-harassment policies, broad anti-abuse policies are subject to being found unconstitutionally broad. Killion v. Franklin Regional School Dist., 2001 WL 321581 (W.D.Pa. March 22, 2001). A Pennsylvania school district adopted a policy providing "if a student verbally or otherwise abuses a staff member, he or she will be immediately suspended from school." The policy did not define "abuse" or contain language limiting its scope to school-related activities or to speech creating a substantial disruption.

Paul, a high school student, created a "Top Ten" list about the athletic director's appearance. He wrote the "Top Ten" list while at home, after school hours, and e-mailed it to some friends' homes. The "Top Ten" list was highly uncomplimentary, with items such as: "(10) The School store doesn't sell Twinkies. (9) He is constantly tripping over his own chins." Other items on the "Top Ten" list mocked the athletic director's genitals. The "Top Ten" list mysteriously made its way to the high school campus.

The school district suspended Paul and, on the same day, Paul sought an injunction for First Amendment violations. The Pennsylvania District Court observed that each of the cases in the Tinker-Fraser-Hazelwood trilogy concerned the regulation of speech occurring on school grounds. However, since the "Top Ten" list made its way to the campus, the court applied the trilogy. Tinker did not supply grounds on which the list could be regulated because there was no evidence of a disruption. Fraser did not apply because the speech occurred off school grounds. And, as the speech was not school-sponsored, Hazelwood did not apply. Thus, the school could not punish Paul for his "Top Ten" list. However, the person who distributed the "Top Ten" list at school, if known, could be punished.

In addition, the court found the policy itself to be unconstitutionally vague and overbroad. The policy attempted to punish speech that is constitutionally protected. For example, it could cover criticism of a teacher. Further, a school's authority over off-campus expression is more limited than expression on school grounds.

Comparing the "Top Ten" list decision to another recent decision involving out-of-school speech yields genuine insight. J.S., an eighth grader, created on his home computer a Web site, entitled "Teacher Sux." J.S. v. Bethlehem Area School District, 757 A.2d 412 (PaCmwlth, 2000). Several pages contained horrible comments about his algebra teacher and the school's principal. Statements included: "Why should [algebra teacher] die? ... give me $20 to help pay for the hit man." The teacher was deeply disturbed by a picture of her severed head on the Web site, dripping with blood and her face morphing into Adolph Hitler. J.S. was expelled for threatening, harassing, and disrespecting a teacher and principal.

Relying on Tinker, the court upheld the expulsion. There was ample evidence that J.S.'s Web site hindered the educational process. A reasonable person could be both physically and emotionally anguished after viewing a picture of blood dripping from his or her severed head. Said the court: "Regrettably, in this day and age where school violence is becoming more commonplace, school officials are justified in taking very seriously threats against faculty and other students."

The "Top Ten" list case and the "Teacher Sux" Web site case both involved student speech that occurred off-campus. Both courts applied the Tinker-Fraser-Hazelwood trilogy to the facts. What explains the different result? The facts. In the "Teacher Sux" Web site case, the student made threats against staff members, including depicting one with a severed head. This speech was far more serious than the derogatory and demeaning comments the student made about the athletic director in his "Top Ten" list. No evidence suggested that the athletic director felt threatened. The evidence in the "Teacher Sux" Web site case established a substantial disruption, whereas the boorish antics of the "Top Ten" list did not substantially disrupt the school.

And, back to the summer homework assignment for board members. As the board discusses how to promote acceptable standards of school conduct, it should be constantly aware of the students' constitutional rights. As shown by the decisions discussed in this article, the Tinker-Fraser-Hazelwood trilogy allows school officials to enforce acceptable standards of school conduct. Do you ban on-campus speech that is lewd, vulgar, or profane? Are school-sponsored productions (newspapers, plays, yearbooks, Web sites) monitored to insure they are teaching the intended lessons? Do you prohibit speech, regardless of where it occurs, that substantially disrupts the school operations? Are these prohibitions publicized, discussed and enforced? Analyzing these questions is just one step in the campaign for campus civility, but it is an important step.

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LEGISLATIVE DEVELOPMENTS

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The Illinois General Assembly approved a significant pension bill before adjourning the spring session. HB 2157 (Crotty, D-Oak Forest) makes various changes in both the Downstate and Chicago Teachers' Retirement Systems (TRS). For the Downstate TRS the bill provides a five-year window from July 1, 2001 to June 30, 2006 during which time TRS annuitants can work 120 days or 600 hours and not lose their right to receive a TRS pension. Currently the limit is 100 days or 500 hours. It appears the bills would be particularly useful in allowing retired superintendents to work as temporary superintendents. The bill will be sent to the governor for action.

In other action, the following bills were adopted:

HB 1712 (Myers, R-Colchester) makes changes in how equalized assessed valuation is treated for school districts under property tax caps when calculating state aid. The state now would calculate the valuation of all school districts under the property tax caps law (not just those districts that meet certain other criteria). The bill also provides that the "extension limitation equalized assessed valuation" shall be equal to the product of the equalized assessed valuation last used in the calculation of general state aid (instead of the last calculated extension limitation equalized assessed valuation) and the district's "extension limitation ratio." The legislature has approved this bill and it will be sent to the governor to be signed into law, vetoed or returned with suggestions for change.

HB 2255 (Hoffman, D-Collinsville) changes the school construction grant program to change the criteria for unit school districts. If the district is pursuing a construction project for K-8 it falls into the "elementary" category for calculation of the matching grant, and if the project is for 9-12 it falls into the "high school" category for making the calculation. The bill will go to the governor for action.

HB 3078 (Righter, R-Mattoon) amends the Freedom of Information Act to specify that a public body's agreement settling litigation is a public record in certain circumstances. Thanks to a House amendment, the bill now says such agreements are public records only as to the amount of funds expended or collected by the public body in settling threatened or actual litigation. The bill will go to the governor for action.

HB 2425 (Cowlishaw, R-Naperville); and SB 1293, (Cronin, R-Elmhurst) increases the number of days a substitute teacher may teach from 90 to 120. Both the House and Senate Bill will go to the governor for action.

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THE NATIONAL SCENE

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A federal circuit court judge ruled May 17 to bar prayer during the May 20 graduation ceremony at Washington Community High School.

Specifically, the judge issued a temporary restraining order against student graduation-day prayers after valedictorian Natasha Appenheimer and her family - represented by the American Civil Liberties Union (ACLU) - went to court to seek it.

Their lawsuit claimed that a planned invocation and benediction - an 80-year-old tradition at the school - infringed on the plaintiff's right to not join in official prayer at a school-sanctioned event.

U.S. District Judge Joe B. McDade granted the order following a hearing. "The Constitution protects the individual from the majority view," the Judge stated.

Despite protests from some students, the Washington school board voted to continue the tradition, setting the stage for the legal action.

In arguing that prayer at a school function is unconstitutional, ACLU attorney Pamela Sumners said the tradition violates the separation of church and state because of the school's participation in preparing for the prayers.

Source: Bloomington Pantagraph, May 18, 2001.

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Gary Chico, President of the Chicago District 299 Board of Education, resigned May 25, followed June 7 by District 299 CEO Paul Vallas. The two had spent six years as the leadership team at the helm of the nation's fourth largest school system.

On May 21, district officials had announced plans to cut the district's central administrative office staff by 400 workers, or 16 percent. The cuts were the first step in a system-wide overhaul begun in response to pressure from Mayor Richard M. Daley to increase the pace of academic progress.

Student scores released in previous weeks showed district averages on two of three key tests had fallen for the first time in five years. And in the wake of the new test scores Mayor Daley had grown increasingly critical of school leaders, particularly in reference to falling reading scores.

It was announced June 11 that Michael Scott, an AT&T executive, will become the new Chicago District 299 board president. Scott, a longtime political appointee, had been board president of the Chicago Park District.

Source: The Associated Press, "Chicago school board chief resigns," May 25, 2001; and "Daley: Vallas not pressured to resign, June 7, 2001.

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