NEWS FROM IASB
WORKSHOPS AND MEETINGS
LEGISLATIVE ACTION
THE NATIONAL SCENE
TOOLS FOR SCHOOLS
Developments in School law
By MELINDA SELBEE, general counsel, IASB
Illinois School District Liquid Asset Fund Plus
Classified ads
Major education reform bill contains
$291 million in added school funding
In the early hours of the overtime spring session, negotiators in the General Assembly finally reached a compromise on school reform and improved funding. The lawmakers also agreed to make changes in state requirements for testing and remediation. The compromise funding bill provides roughly $291 million (7.5 percent) in additional funding to schools for Fiscal Year 1997, including $127 million in direct aid to schools.
General State Aid funding will rise by $51 million, which will push the foundation level from $2,949 per pupil to approximately $3,057 per pupil.
Also included is a $23 million provision to "hold harmless" every school district, meaning no district would receive less money in state funding than the year before. Most new money will be distributed primarily through flat grants to school districts.
Technology program funding would increase by $15 million to begin installation of a T1 cable line for each school district, allowing direct Internet access for schools.
Lawmakers also voted to require diagnostic achievement tests in grades 3 and 5 for mathematics, reading and writing. The existing IGAP tests would be replaced by the new assessments beginning in the 1998-99 school year.
Controversy had centered on whether the bill should contain mandatory student retention or summer school for students with low scores on the diagnostic achievement tests. These provisions were scrapped after Senate education leaders came to share school management lobbyist's concerns about cost and implementation problems with these mandates.
The "quality first" provisions adopted by the General Assembly would require a high school exit exam. Lawmakers also approved a provision to allow school boards to offer quality guarantees of the academic skills and performance of high school graduates. Under such an arrangement, an employer could return a former student to high school for remediation paid for by the graduating district.
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School districts that dismiss school bus drivers for drug or alcohol use must respond immediately to the unemployment claims that are likely to follow. So say the experts at the Illinois School District Drug & Alcohol Testing Consortium, an IASB-endorsed bus driver substance abuse testing program.
School bus drivers who test positive for drug or alcohol abuse must be terminated from further employment because they are unqualified medically to drive. Such drivers normally are not eligible for unemployment claims. Yet to uphold that principle, schools must respond immediately to any notice of claim from the Illinois Department of Employment Security on behalf of the dismissed bus driver. Experts say there is a very short deadline for the district to reply to such claims. When the unemployment claim notice arrives, IASB member districts should expect to receive a call from the management firm, Gibbens Co., which provides full claims control services. Call Donna Brenner or Jane Grubnich toll-free at Gibbens Co. for details: 800/846-9215.
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Student assistance aids at-risk kids
School boards wrestling with questions about which non-academic programs deserve district support should pay attention to a recent report from the Illinois Association of Student Assistance Professionals (SAP). The "Report of Student Assistance Programs in the State of Illinois for 1994-95" conveys specific numbers that depict the value of such programs. For example, the report shows 135,542 individuals attended SAP-provided drug and alcohol prevention activities in 1995.
Out of 9,407 student referrals to SAP services, 8,268 students were interviewed on an individual basis, and 4,525 parent or guardian contacts were made. Action plans were developed in 4,887 cases, and 1,231 known contacts were made with a substance abuse agency to arrange assessment and/or treatment for alcohol or other drug use concerns. An additional 884 known contacts were made with a mental health agency for reasons of assessment and treatment, while 1,405 action plans were designed to use resources outside schools (including DCFS, local health professionals, and Big Brothers/Big Sisters). Finally, 2,654 students were involved in educational support groups, including academic success, life skill development, grief/loss, pre-treatment, and aftercare, among others.
A total of 114 school districts supplied data for the report, so the actual number of student assistance cases may be considerably higher. For more information about SAPs, contact Janine Toth, of IASAP at 309/827-3576.
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INSPRA public relations awards announced
The Illinois Chapter of the National School Public Relations Association (INSPRA) has recognized 18 people in its Distinguished Service Award Program for 1996. Allan Alson, superintendent of Evanston Township High School District 202, and Barbara Linder, volunteer coordinator for Urbana School District 116, were named public relations ambassadors of the year.
In addition to Alson and Linder, seven others were recognized with awards of excellence. They were: Nancy Dahlin, a parent in Ridgewood District 234 in Norridge; John Demling, a community member in Glenbard High School District 87 in Glen Ellyn; J. Alan Fry, a parent in Indian Prairie Unit District 204 in Naperville; Candy Luzar, a parent in Gavin District 37, Ingleside; Katherine A. Pannhausen, a board member in Freemont District 79 in Mundelein; Larry Tandy, assistant superintendent in Rich Township High School District 227; and Kathy Westbrook, a community member in Hinsdale Elementary District 181.
Nine people were recognized with awards of merit. They were: Judy Armstrong, a parent in Round Lake Area Schools, Community Unit District 116; Howard Crouse, assistant superintendent, for Indian Prairie District 204 in Naperville; Cheryl Flinn, a faculty member in Ridgewood District 234 in Norridge; Michelle Freedman, a faculty member in Antioch High School District 117; Jack Miller, a community member in Antioch High School District 117; Officer Tom Prohaska, a community member in Matteson Elementary District 162; Christine Sass, a board member in Ridgewood District 234 in Norridge; Allen Schau, superintendent in Ridgewood District 234 in Norridge; and Clarence Williams, director of special education in Antioch High School District 117.
INSPRA is a professional organization open to school public relations personnel, school administrators and board members from across the state. It is designed to strengthen support for education and provide public relations training, counseling, information and inspiration for those involved with education.
"These 18 people realize that public relations must be a part of everything else that a school district does in order to gain support for this most vital foundation of a democratic society," said Julie Armantrout, INSPRA president.
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Submit resolutions for Delegate Assembly
It may not be too late to join in the planning for the 1996 IASB Delegate Assembly. As announced in the May Newsbulletin, forms were sent out on April 4 to invite active members of the Association to submit proposed new resolutions, or amendments or reaffirmations of IASB position statements.
Although member boards have very little time left to submit proposals, the staff will accept faxed forms until June 28. The resolutions process is one of the most important undertakings of the IASB, with Delegate Assembly votes governing the future direction of the Association. In fact, lobbying efforts are directed by member resolutions. Send forms via fax at 217/528-2831 (please mail hard copy later)
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School board members and administrators with access to the Internet can now tap into the services and publications of IASB from the comfort of their homes or offices.
The "World of Illinois School Boards" is now located on the World Wide Web at http://www. iasb.com and is accessible to any Internet user (a high speed modem and Web browser software are highly recommended). The new IASB Homepage includes the following:
- a place to leave electronic mail messages for IASB staff via departmental addresses;
- information about IASB, including its purpose, how it is governed, and a description of programs and services;
- a review of the 1994-95 school year (adapted from the Association's yearbook);
- a long list of links to other websites of likely interest to school board members and administrators.
The heart of the IASB website is the multitude of services and publications that the user can call to the computer screen, save to disk, and read or print as desired. Services include:
News and announcements including news items, the latest Alliance Legislative Report, a calendar of upcoming division meetings, workshops and other events and analyses of recent finance election results.
Directories of school vendors holding membership in IASB Service Associates (organized by type of business) and members of the Illinois Council of School Attorneys (organized by city).
Legal News consisting of the IASB Annual Calendar of Legal Dates (running September through August) and summaries of key court decisions.
Legislative Information consisting of legislative schedules, listings of key bills, and complete texts of all Alliance Legislative Reports, Digest of Bills Passed and/or Digest of New Laws Enacted.
Publications available at the IASB website include the following:
Illinois School Board Journal, which includes the full text of selected articles from current and past issues, information for prospective authors and advertisers, and a place to leave letters-to-the-editor.
IASB School Board News Bulletin, which also includes the full text of each monthly edition.
Issues in Public School Governance, which consists of numerous publications available for downloading, printing and local distribution. Included are such publications as Your School Board + You, Playing Fair with the Children of Illinois, Code of Conduct for Members of School Boards, Understanding School Finance, among others. These publications were developed by IASB to help member school districts educate their communities on a variety of critical issues.
A complete Catalog of IASB Publications lists all of the books available from IASB and provides ordering information for both members and non-members.
School leaders who have reached IASB On-line in the past by dialing Access Illinois with their computers from outside the 217 area code for Springfield know the high cost of the toll call. Moving the on-line material to the World Wide Web should eliminate those costs for Internet users with local access telephone numbers. Users of Prodigy, America Online, and other Internet providers will now find it much cheaper to "access IASB" resources.
Direct dialing to the Access Illinois bulletin board is still available and a viable approach for Springfield-area users.
So the next time you are surfing the Web, try http://www.iasb. com and let your IASB staff know what you think.
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NEWS FROM IASB
Organizational changes to occur
A reorganization of certain areas within the Association will become official in July. Changes were needed "in order to align the organizational structure of IASB with our Mission Statement, to advance our goal of becoming a `learning organization' and to provide additional staff support to member districts in need of additional services," according to Executive Director Wayne Sampson.
Changes are now being implemented in the Field Services Department, including Policy Services, and part of the Communications Department. These areas are to be combined in a Member Services area. Staff who provide direct services to member districts, either personally or through printed communications, will be assigned to this department. Gerald R. Glaub has been named the Deputy Executive Director with overall responsibility for the Member Services area.
An Advocacy area will include IASB's state and federal Governmental Relations functions, as well as media and public relations functions, and IASB-endorsed programs. Also included will be liaison coordination, grant securement and technology programs. Liaison coordination efforts consist of tracking and reporting activity of staff and volunteers representing IASB with other groups. Pete Weber will assume primary responsibility for the Advocacy unit, as Deputy Executive Director.
Meanwhile, the various functions within IASB that provide direct services to IASB staff will be housed in Administrative Services. These include business office functions, meetings management, print shop activities, typesetting, mailroom work and office management tasks in both Lombard and Springfield. Janet Davis, serving as Chief Financial Officer, will oversee the Administrative Services unit.
"This organizational structure is a constant reminder of our mission, and places people in logical work groups where constant communication is essential," said Sampson. It "more clearly focuses on the components of our advocacy role and increases the number of direct service providers in the Membership Services area," Sampson added.
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Offices closed first 3 Fridays in July
IASB offices in both Springfield and Lombard will be closed the first three Fridays in July.
On July 12 (July 11 in Lombard), a new telephone system is being installed to allow for voice mail. The new system is designed to expedite member communications with the Association. (Thanks to the new system, you will be able to leave a recorded message for any staff member who is out when you call.)
On Friday, July 19 a new computer system will be installed in both offices to provide enhanced speed and capacity for Association business.
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New phones designed for easier access
Once the new telephone system is installed, callers may reach IASB in Springfield by dialing 217/528-9688 (callers will no longer be able to reach IASB at 217/528-9679). An automated attendant will answer all calls by providing a short list of options and simple dialing instructions.
Choosing the first option will connect you to a live receptionist. Another option will be to dial a direct four-digit extension to reach a particular staff person. If you don't know the extension, there will also be a last name directory.
Note that the last three digits will remain the same as all present extensions. Adding a one-digit prefix to existing extensions as directed by the automated attendant will connect you to the individual or department you usually call.
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Third edition of Good School Maintenance
now available from IASB publications
The Illinois Association of School Boards has published a Third Edition of its best-selling Good School Maintenance. The new edition provides updated programs and procedures for maintaining buildings, grounds and equipment.
A product of IASB Service Associates, the manual includes contributions from dozens of subject-area experts as writers, reviewers and editors. It covers the basics of managing a maintenance program, how computers fit in to a maintenance program, how to organize maintenance work, grounds maintenance, area cleaning programs, custodial procedures and services, and virtually all types of mechanical equipment.
Good School Maintenance serves as both a basic training tool for staff and a guide for managers in planning, conducting and evaluating maintenance programs. It also functions as a reference source for information on specific maintenance tasks and problems.
The manual is profusely illustrated and contains numerous tables and a reproducible Management Tools Appendix. New with the Third Edition is a primer on environmental problems ranging from asbestos to worker right-to-know. A special appendix identifies dozens of places that school officials can look for help with environmental problems.
The first edition of Good School Maintenance was issued in 1976, followed eight years later by The New Good School Maintenance, and has become perhaps the most widely used manual of its kind anywhere. The first two editions were edited by Jack Harroun, director of operations for the University of Illinois at Champaign. Although Harroun has retired and was not involved in this new edition, the manual carries updated versions of his innovative chapters on custodial management, cleaning programs and procedures.
The 272-page softcover manual is pre-drilled for use in a 3-ring binder and is available from IASB Publications for $40 ($30 for IASB Members) plus $4 per order for shipping.
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Use your computer to find school laws
The Illinois School Code is now available on computer diskettes.
The special version of the Code has been developed for the Illinois Association of School Boards as an exploratory venture. However, because only a small supply was produced, orders must be filled on a "first come" basis for users of IBM-compatible PC's.
The set of nine diskettes (3.5 inches) includes a user-friendly search engine that quickly locates combinations of words and phrases. The program may be loaded to a hard drive in either a DOS or Windows environment.
The program sells for $65, plus $7 for each additional terminal accessing the program on a local network.
For more information, including system requirements, call IASB Publications in Springfield, 217/528-9679, ext. 131.
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WORKSHOPS AND MEETINGS
Collective bargaining costing seminar offered via computer
A comprehensive seminar on how to properly estimate the cost of a collective bargaining proposal or agreement is now available to school leaders without leaving home.
Enrollment is available at a fee of $199 if prepaid ($249 thereafter) without any expense for travel, lodging or meals. There is no catch, according to the law firm sponsors Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd. the only requirement is a computer.
The seminar lectures will be presented via computer and can be reviewed at the reader's convenience. At designated times there will be, in addition, an opportunity to engage in direct exchanges with the seminar leader and with other participants. The material presented will be the equivalent of a full-day's workshop or longer.
The seminar will be led by Fred B. Lifton, who has negotiated over 700 educational collective bargaining agreements and who has conducted similar well-received costing workshops. Other members of the law firm will also take part.
The seminar will be presented over approximately a two-week period, commencing June 20, 1996. A detailed outline of the program can be found at http://schoolaw. com or by mail at 29 South LaSalle Street, Chicago, IL 60603 or by e-mail at flifton@interaccess.com.
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LEGISLATIVE ACTION
Downstate property tax caps approved
Both chambers of the General Assembly approved tax cap legislation covering downstate counties. The adopted legislation gives county boards the authority to approve resolutions placing the tax cap question on the ballot in the next election.
House passes LUST fund provision
The legislature has amended legislation to include new Leaking Underground Storage Tank (LUST) funding provisions. The LUST fund provision contained in a House amendment to SB 1390 is identical to the bill passed last fall that was struck down by the courts recently. The content of the legislation was not in question; at issue was the procedure of joining unrelated subjects in one bill, an approach that was found unconstitutional. The bill received the necessary concurrence from the Senate for final adoption in the waning hours of the spring session.
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THE NATIONAL SCENE
Prayer issue sidestep suggested
The Kentucky Senate has adopted a resolution that reportedly seems to be an attempt to sidestep the U.S. Supreme Court's rulings barring school prayer.
The resolution urges the reading of the preamble to the Commonwealth's constitution at the beginning of every school day. The American Civil Liberties Union, noting that the preamble begins with "thanksgiving to God," argues "this was a clever way to attempt to get around the prohibition against official school prayer."
The Kentucky School Boards Association (KSBA) views the resolution as non-binding, says spokesperson Brad Hughes. KSBA recommends that local school boards or their school-based management councils "will have to make a decision as to the educational merit of the Senate's request."
Source: School Board News, National School Boards Association, April 30, 1996.
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Most kids live with both parents
Living arrangements of the nation's 66 million children under age 18, as reported by the National School Public Relations Association, are as follows:
Both parents 70.7%
Mother 23.3%
Father 3.3%
Other relative 2.1%
Non-relative .6%'
Source: U.S. Bureau of the Census.
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Local control revitalized
British state schools: Carnegie report
A recent report from the Carnegie Foundation for the Advancement of Teaching says school-level control over spending has improved England's public schools.
For example, "leaky roofs get fixed faster and often for less money than they used to," the report found.
Reforms enacted in 1988 in Great Britain transferred key budgetary powers to local schools from local school districts and officials. One result of the reform law, according to the report, has been much-improved job satisfaction among headteachers.
Increasing building-level authority does not give more money to local public schools, however, cautions Kathryn Stearns, the report's author.
Yet the British school funding system reform is said to be far from perfect. "A hard-hearted, per-capita formula like the one favored by England's conservative government can lead to stark divisions between rich and poor," the report states.
The report, meanwhile, finds mixed results from the reform of British academic standards, which led to their first-ever national curriculum.
For a copy of the report, "School Reform: Lessons From England," is $16, including shipping, from California Princeton Fulfillment Services, 1445 Lower Ferry Road, Ewing, NJ 08618; phone 800/777-4726.
British writer has another take on reforms
Writing in the May 1 Education Week, British-born journalist David Pitts sends up a number of warning flags on school choice programs enacted in Britain (see preceding item).
The reforms in Britain permit public schools "to opt out of local governmental control in favor of direct funding by the federal government," he states. Pitts notes that this might well be unconstitutional in the United States.
The British also restrict selection of students for many public and private schools based on comprehensive test scores. In particular, admission to the elite public "grammar" schools is based almost entirely on academic ability as shown on test scores gathered at age 11.
"This is the part of the school-choice debate that has aroused the most bitterness in Britain because it is rooted in the country's class-based history," according to Pitts.
"Traditionally, the public grammar schools, as well as top private schools (called public schools in Britain), such as Eton and Harrow, produced the nation's elite. The other schools produced the nation's factory and clerical workers," Pitts states.
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TOOLS FOR SCHOOLS
Book emphasizes lead role of
board members in technology integration
A new guide from the National School Boards Association (NSBA) helps school boards comprehend a range of technology issues in education and lead their schools effectively into a high-tech future. The book, Leadership & Technology: What School Board Members Need to Know, guides board members to a better grasp of technology leadership issues. It also encourages team building that can advance school improvement ventures, according to NSBA.
The board role in technology implementation extends from aiding in the development of technology plans to assembling the community support necessary to fund technology applications in schools. Solid background information on this topic can help board members to ask the right questions, absorb new information, make good decisions, set appropriate policies and lead effectively, the experts say.
Cost of the book is $35. To order or for more information, contact NSBA's Institute for the Transfer of Technology to Education through the NSBA Distribution Center, P.O. Box 161, Annapolis Junction, MD 20701; phone: 800/706-6722; fax: 301604-0158.
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Student community spirit seen
Contrary to their portrayal in entertainment and news media, teenagers today are anxious to help combat community problems. So says The Prudential Spirit of Community Youth Survey: A Survey of High School Students on Community Involvement.
The study was done by The Wirthlin Group for the Prudential Life Insurance Company of America. It surveyed 993 rural, urban and suburban high school students.
Source: The Prudential Spirit of Community Youth Survey: A Survey of High School Students on Community Involvement (25 pages) is available at no charge while copies last from Becky Perez, The Prudential Spirit of Community Youth Survey, The Prudential Insurance Company of America, 751 Broad St., 16th Floor, Newark, NJ 07102-3777. Tel: 201/802-4568.
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Middle schools position paper offered
"Young people undergo more rapid and profound personal changes during the years between 10 and 15 than at any other period of their lives," states the position paper of the National Middle School Association. Called "This We Believe: Developmentally Responsive Middle Level Schools" (40 pages; ISBN 1-56090-105-5), it can be ordered for $6. The paper finds that middle schools can meet the developmental needs of adolescents, encouraging them to grow into responsible, successful adults. To order contact the National Middle School Association, 2600 Corporate Exchange Drive, Suite 370, Columbus, OH 43231; phone 528-NMSA.
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Developments in School law
By MELINDA SELBEE, general counsel, IASB
Student searches addressed in
two important Illinois decisions
Two recent Illinois decisions upheld school officials' efforts to keep their schools drug- and weapon-free through searches of students. The Illinois Supreme Court found that a search by a full-time school liaison police officer is tested by the same Fourth Amendment standard as that of a search conducted by a school official. People v. Dilworth, 661 N.E.2d 310 (1996). The Court of Appeals upheld a high school's use of a metal detector and found that an unsubstantiated tip may serve as the grounds for a search. People v. Pruitt, (Il. App. 1, 2/26/96).
The first case involved a search of a student conducted by a liaison police officer, employed by the Joliet Police Department, but assigned full-time to a high school. He searched Kenneth after two teachers heard Kenneth tell other students that he had sold some drugs and would bring more the next day. The liaison officer found nothing on Kenneth's person. Later the liaison officer saw Kenneth and another student talking and giggling at their lockers "like they had put one over on [him]." The officer noticed Kenneth holding a flashlight and immediately thought it might contain drugs. The officer grabbed the flashlight, unscrewed the top, and found a bag containing cocaine.
Students in public schools enjoy the Fourth Amendment's protection from unreasonable searches. The standard applicable to searches of students conducted by school officials is lowered to enable school officials to protect and maintain a proper educational environment.
The legality of a school official's search of a student depends on its reasonableness. Determining reasonableness is a two-step process: first, was the search justified at its inception?, and second, was the search as conducted reasonably related in scope to the circumstances justifying the search in the first place? A search will be justified at its inception when the school official has reasonable grounds for suspecting that the student has violated the law or school rules.
Here, the Court first determined which Fourth Amendment standard was appropriate for the search of a student by a school liaison officer the school official's less stringent reasonable suspicion standard or the police's general standard of probable cause. The Court reviewed cases in other jurisdictions involving police officers in school settings. It grouped those cases into three categories and identified the applicable standard: (1) where school officials initiate a search or where police involvement is minimal, the reasonable suspicion standard is applied, (2) where school police or liaison officers act in their own capacity, the reasonable suspicion standard applies, and (3) where outside police officers initiate a search, the probable cause standard applies.
In this case, the liaison police officer conducted the search of Kenneth's flashlight on his own initiative and authority, but in furtherance of the school's attempt to maintain a proper educational environment. Thus, the Court held the reasonable suspicion standard applied.
The Court then reviewed the circumstances of the search to determine whether the search was constitutional. Did the officer have reasonable grounds for suspecting that the flashlight contained drugs before he searched it? The evidence supported such a finding. Two teachers had overheard Kenneth telling other students that he had sold drugs, the officer had seen the two students giggling and talking by their lockers, the officer saw Kenneth with a flashlight, a flashlight is a very unusual item for a student to have at school, and the officer subjectively believed that the flashlight contained drugs.
The Court next determined whether the search as conducted was permissible in scope. The officer seized and searched only the flashlight. This measure was reasonably related to the objectives of the search and was not excessively intrusive.
In the second recent decision involving student searches, the Illinois Court of Appeals reviewed the searches of three high school students. Two of the cases involved searches based on individualized suspicion that each had contraband on his person. In the third case, a weapon was discovered in the course of a random, mass search of the entire student body conducted through the use of a magnetometer or metal detector. After reviewing the principles of school searches, the Court analyzed the reasonableness of each search.
The first search discussed involved the use of a metal detector. The principal, pursuant to school district policy, made a request for a metal detector. On the day the metal detector was used, about forty police officers were assigned to the high school to assist in the metal detector's operation. When Serrick passed through the metal detector, the machine registered a positive reading indicating that he was carrying something metal on his person. Because of the positive reaction, a police officer conducted a protective pat-down search. He felt a large metal object, which was a .38 caliber loaded revolver.
The Court applied the reasonable test to determine whether the metal detector screening satisfied the Fourth Amendment. The first inquiry was whether the search was justified at its inception. The Court took judicial notice of the actual and potential violence in public schools. Thus, the Court found that the action was justified at its inception by the reality of violence in the schools. The intrusion was minimal, not involving any physical touching until the metal detector reacted. Once the metal detector reacted, the facts were sufficient to justify a frisk.
While the Court upheld the random use of the metal detector, it was troubled by the lack of district policy standards for when or how the metal detector searches were to be conducted. Districts are wise to have such standards before using metal detectors.
In the second search, a student was arrested after he was discovered carrying a loaded .22 caliber automatic pistol. The arresting officer was a police officer assigned as a school patrol officer. The officer was informed of a tip from a student that Johnnie had a gun in school. The officer and her partner went to Johnnie's classroom and asked if they "could have a word with him." Johnnie was asked if "he had anything in his possession that could get him in trouble." He pointed to his pocket and the officer removed a gun.
The Court found that a tip from one student that another student had a gun created a reasonable suspicion justifying the initial intrusion. The intrusion, asking the student to leave the classroom, was slight. After that, there was no search until the student told the officer he had a gun in his pocket. Thus, the search was reasonable at its inception and in scope.
In the third search, a teacher reported to the dean of students that she saw a stranger on the school's staircase. The individual was wearing a jacket, something students were not permitted to do. The dean confronted the individual, whom he did not recognize, and took him to an administrative room. While in this office, a police officer assigned to the school came to observe the interview.
The individual, Anthony, claimed to be a reinstated student. Another administrator eventually verified this. After 45 minutes to an hour, during which time Anthony was cooperative, the Dean told Anthony to empty his pockets. As he began to comply, the officer conducted a pat-down search. He found a gun on Anthony.
The defining moment in the search took place when the Dean ordered Anthony to empty his pockets. Although he "asked" Anthony to empty his pockets, a request to a student from a Dean of Students in the presence of a uniformed police officer assumes the dimension of an order. The officer did nothing until the "empty your pockets" order. The issue, then, was whether the Dean had reasonable suspicion that justified the order to "empty your pockets."
The Court specifically did not decide whether the Dean could have ordered Anthony to empty his pockets when they first met when the Dean had evidence that Brooks either had violated school rules or was a trespasser. After 45 minutes in the administrative office, the situation had changed. There was no longer any specific set of circumstances that would lead a reasonable person to believe Anthony posed a danger to anyone or possessed any contraband. Thus, the Dean was acting on an unparticularized hunch when he ordered Anthony to empty his pockets. The seizure of the gun from his pocket was not based on reasonable suspicion and the gun could not be used in later criminal proceedings.
These cases illustrate the judiciary's increased sensitivity to school officials' attempts to create a positive learning atmosphere by reducing drug use and violent crime on school campuses. Said the court:
We long for the time when children did not have to pass through metal detectors on their way to class, when hall monitors were other children, not armed guards, when students dressed for school without worrying about gang colors. Those were the days when sharp words, crumpled balls of paper, and, at worst, the bully's fists were the weapons of choice.
Judges cannot ignore what everyone else knows: violence and the threat of violence are present in public schools.
While public school students do not lose their constitutional expectation of privacy simply by entering the schoolhouse, that expectation is reduced because of the need to create a safe, educational environment.
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Classified ads
WANTED: To buy, one used wrestling mat. Contact John Metzger, Superintendent, Johnston City Schools: 618/983-8021.
WANTED TO PURCHASE: Rhodes School District 84.5 to purchase a used van/mini-bus with lift system to transport special education students. Contact Dr. McNally at 708/453-1266.
FOR SALE: Print room equipment. District 54, Morris, will be accepting bids for the sale of 1) Multigraphics System 6 Offset Press with Image and Plate Maker with supplies, estimated cost per copy of $.0066, and 2) Multigraphics Copy Collator 16 with auto stapler. Both are in excellent condition and maintained by company service. For information or to leave a bid on either or both, call Jeff Stangland at 815/942-0056.
FOR SALE: Student chairs, 14" and 16," $1 each. Student desks, lift top and open front, $3 each. Tables, various sizes, $5 each. Teacher desks, $10 each. Paper storage cabinets, $5 each. Bookcases, $5 each. Contact: Robert Piekarski, Director of Business Services, Palatine C.C.S.D. 15, 580 North First Bank Drive, Palatine, IL 60067; phone 847/934-2775.
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Illinois School District Liquid Asset Fund Plus
As of June 12, school districts had invested more than $221 million in the Illinois School District Liquid Asset Fund Plus, an investment pool that provides safe investments for school districts with immediate access to invested funds and competitive rates of return. As of June 12, the weekly rate of return was 4.88 percent.
More than $474 million was invested in the Fixed Rate program (including Certificates of Deposit), at rates of 5.20 percent for a 30-day certificate to 5.78 percent for a one-year certificate. For more information about ISDLAF+, call, toll-free, 1-800/221-4524.
Recent mailings from IASB
Not all IASB mailings are sent to all school board members. For speed or economy, some mailings are sent only to the board president, business official or district superintendent. Here is a list of such items mailed recently. For more information about any item, contact your board president or district superintendent or get in touch with IASB.
June 3: Joint Annual Conference announcement packet, mailed to district superintendents.
IASB School Board News Bulletin
Illinois Association of School Boards
This newsletter is published by the Illinois Association of School Boards for member boards of education and their superintendents. The Illinois Association of School Boards, an Illinois not-for-profit corporation, is a voluntary association of local boards of education and is not affiliated with any branch of government.
Gerald R. Glaub,
Deputy Executive Director Member Services
Gary Adkins, Editor
Headquarters:
2921 Baker Drive
Springfield, Illinois 62703-5929
(217) 528-9688
Regional Office:
200 West 22nd Street, Suite 249
Lombard, Illinois 60148
(708) 629-3776
COPYRIGHT NOTICE -- This document is copyrighted © by the Illinois
Association of School Boards. IASB hereby grants to school districts and
other Internet users the right to download, print and reproduce this
document provided that (a) the Illinois Association of School Boards is
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