---

School Board News Bulletin
June 1998

---

Public and private school groups launch high-tech Save the E-Rate Campaign

Caution recommended on TIMSS data

Youths honored for volunteerism

Food safety standards program developed

421 Illinois school Web sites listed

RESEARCH REPORTS

Most schools have zero-tolerance policies on violence

6,093 expulsions imposed for bringing guns to school

84% of schools and libraries plan to apply for e-rate discount

Social challenges growing

Find teacher aides have no effect on student learning

TOOLS FOR SCHOOLS

Book recommends solutions for low-performing schools

Total Leaders explores change strategies

Web site created for 150^th year of women's rights movement

Guide to free computer materials is published

AARP touts toll-free number for safety

Guidebook on preventing hate crimes is issued

FEDERAL UPDATE

Surplus computers to go to neediest schools

Workshops & Meetings

EDVentures conference set

Five pre-conference workshops announced

Conference on technology & learning set

THE NATIONAL SCENE

Public has limited tolerance for zero tolerance

Policy says parents must be civil or else

Internet employment program launched

Americans support testing teachers

NEWS FROM IASB

Golf for Education V announced

ISDLAF+ : going beyond simple rate of return

IASB Service Associate Legat Architects earns design award

Developments in School Law

Six national education organizations have joined in a nationwide campaign to protect the universal service discount program, known as the E-Rate. The campaign, announced May 7, will mobilize thousands of parents, school board members, teachers, administrators and concerned citizens. The aim is "to ensure that this historic program is not undermined by recent attacks that threaten both funding and promised services."

The E-Rate program aims to help provide affordable Internet access, distance-learning and other educational opportunities to children and library users across the country. As part of the Telecommunications Act of 1996, K-12 schools and public libraries can now purchase telecommunications at 20-90% discounts. So far, more than 30,000 schools, libraries, and consortia have applied.

"We're fighting to make sure that promised resources are there so that none of the pending applications is denied due to threatened cuts and no child or community is left behind," said Monsignor. Thomas J. McDade, Secretary for Education for the U.S. Catholic Conference.

In addition, the coalition has placed an ad in Roll Call, the bi-weekly newspaper of Capitol Hill. The ad charges that "Certain telecommunications companies -- AT&T, MCI and Sprint -- are undermining the program, by unnecessarily blaming the E-Rate for higher costs. Others -- SBC, BellSouth and GTE -- have filed a lawsuit that could gut the E-Rate program."

"We are deeply concerned about actions by MCI, AT&T, Sprint, SBC, BellSouth, and GTE that are undermining the program," said Anne L. Bryant, Executive Director of the National School Boards Association. "These companies are getting substantial cost savings that the public needs to know about and they stand to open a multi-billion dollar market by winning contracts with schools and libraries."

Paul D. Houston, Executive Director of the American Association of School Administrators also came to the defense of the e-rate. Houston said: "The Save the E-Rate Campaign is using the power of technology and the Internet to protect the E-Rate and make sure that every school child has access to these vital communications tools in the classroom."

The campaign has e-mailed an alert to over 30,000 schools and libraries as well as to parents, educators, and community members. The message is linked to an E-mail Action Center at http://congress.nw.dc.us/e-rate. This helps people send personal messages to their members of Congress, the Federal Communications Commission, and the CEO's of all 6 telecommunications companies urging them to support the E-rate. In the first 24 hours after the program's launch on May 6, school and library advocates sent more than 1,300 messages.

The FCC promised that $2.25 billion would be there for this program each year if needed and that unused moneys would roll over to the next year. The Schools and Libraries Corporation, the program's administrator, has projected demand at $2.02 billion, confirming the real need for the E-Rate. The Corporation estimates 53 percent of requests are for less than $10,000.

The FCC launched a proposal in late May, however, to provide $1.67 billion next year, rather than the $2.02 billion requested by schools and libraries.

"Congress was on the right track when it established this program," said Peter D. Relic, President of the National Association of Independent Schools. "Clearly, the great numbers of applications show the popularity of the E-Rate around the country. It's time for Congress to make sure it's bold vision is fully implemented."

A copy of the Roll Call ad and the e-mail alert are available by calling Renée Williams at 703-838-6717 or by e-mail: rwilliams@nsba.org.

Table of Contents

Caution recommended on TIMSS data

The February report from the Third International Mathematics and Science Study (TIMSS) raised extremely serious concerns among educators and supplied ammunition to critics of American public education. But some say the TIMSS data needs more careful scrutiny. Phi Delta Kappa International suggests the following factors are among the items that should be weighed:

International comparisons are considered by many to be inherently unreliable. Enrollment patterns, curriculum practices, cultural characteristics, and language differences make comparisons across international boundaries difficult. This series of TIMSS studies may have made the best effort to date to control for these factors...however, problems remain.

The difficulty in matching sample groups across international boundaries is obvious. While 16 countries participated in the advanced math portion of the TIMSS study and 16 in the physics portion, only five in each group met the full criteria for participation. Countries were permitted to exclude groups and did so. The Russian Federation excluded 43 percent of its cohort group by eliminating those in vocational schools and those who did not speak Russian. Greece and Latvia limited their sample groups to those students who had taken advanced math and physics. The United States, on the other hand, supplemented its advanced math group by including those at the pre-calculus level, a factor of significance since 23 percent of the advanced math test items were based on calculus. There was also a wide variety of age groups being tested, and in some cases American high school students were competing against foreign students of college age.

The earlier TIMSS report involving 4^th graders showed American students performing near the top in the participating countries in science, while the report for 8^th graders showed them performing near average in science and math. It is at the 12-grade level that the performance of American students appears to have bottomed out...However, even if the data are accepted as valid, they suggest that the differences can be attributed to the way the curriculum in the United State is organized. Whether that should lead to curriculum revision is a matter that should be considered but should not be prejudged.

Source: Fast Facts About TIMSS, Phi Delta Kappa International. (Multiple copies are available at $5 per 50. For more information phone 800/766-1156.)

Table of Contents

Youths honored for volunteerism

Two Illinois students, Amy Cada, 17, of Downers Grove South High School, and Matthew Pangrac, 13, of Appleseed School in Decatur, were honored in the nation's capital May 3 for outstanding volunteerism. For outstanding service to their communities, they earned the 1998 Prudential Spirit of Community Awards. The annual awards were created three years ago to encourage youth volunteerism and identify and reward young role models.

Table of Contents

Food safety standards program developed

The correct preparation and handling of food has become big news recently, and one organization has announced plans to train people in the food preparation industry. According to School Foodservice and Nutrition, the Dietary Managers Association (DMA) had developed a first-of-its-kind Certified Food Protection Professional program that includes 16 hours of training in food service sanitation and safety management. For information on this new program, call the DMA in Chicago at 312/943-4158.

Table of Contents

421 Illinois school Web sites listed

The University of Minnesota's "International School Web Registry," known as Web 66, lists 421 schools' and 116 school districts' Web sites in Illinois. The national total is 8,068 schools and 2,082 districts. Worldwide the total is 12,184 schools and 2,188 districts. The count of school Web sites registered with Web 66 is located at http://web66.coled.umn.edu/schools/stats/stats.html.

Table of Contents

---

RESEARCH REPORTS

---

Most schools have zero-tolerance policies on violence

While the public perception that schools are no longer safe may be growing, 90 percent of public schools reported no violent crime incidents in the 1996-97 school year. Meanwhile, the most popular method of dealing with problems of violence and crime in public schools appears to involve application of zero-tolerance policies.

These findings are derived from a recent nationwide survey of 1,234 public schools focusing on crime and violence at school. The report said the proportion of schools having zero-tolerance policies ranged from 79 to 84 percent on violence, tobacco, alcohol, drugs, and weapons other than firearms.

Source: Violence and Discipline Problems in U.S. Public Schools: 1996-97 (129 pages) is available at no charge from the National Library of Education, 555 New Jersey Avenue NW, Washington, DC 20208-5721. It is also available on the Internet at http://nces.ed.gov/pubs98/violence/index.html.

Table of Contents

6,093 expulsions imposed for bringing guns to school

During the 1996-97 school year, 6,093 students were expelled from public schools for bringing a firearm to school, the U.S. Education Department reports.

The Gun-Free Schools Act of 1994 requires states to pass laws ordering school districts to expel for one year any student who brings a firearm to school.

All states have passed such laws, and the report provides the first look at how the law is being carried out.

The majority of expulsions - 58 percent - were for handguns brought to school. Seven percent were for rifles or shotguns, and 35 percent were for some other kind of firearm.

Most expulsions - 59 percent - were in high schools. Thirty-four percent were in middle schools, and 9 percent were in elementary schools.

Table of Contents

84% of schools and libraries plan to apply for e-rate discount

Results of a survey released in May show that the universal service discount program, also known as E-Rate, is a great success, with 84% of schools and libraries surveyed participating or planning to participate.

The Schools Libraries Corporation's May 1 announcement of an estimated demand of $2.02 billion for universal service in the first quarter of 1998 confirms the need for the E-Rate.

The E-Rate is a program designed to help schools and libraries connect to the Internet and take advantage of other new communication technologies and services. As part of the Telecommunications Act of 1996, K - 12 schools and public libraries can now purchase telecommunications and advanced services at 20-90% discounts on top of the lowest rate offered by service providers.

The survey was conducted, in part, to stimulate interest in the E-Rate for schools and libraries in rural and low-income areas. The E-Rate Hotline also wanted to determine whether schools and libraries in these areas are planning to participate.

"The survey's findings are a ringing endorsement of the E-Rate," said Lynne Bradley, Deputy Director of the Washington Office of the American Libraries Association. "Clearly, the word is out about this important program, and libraries and schools are taking full advantage of the benefits the E-Rate has to offer."

Kari Arfstrom, Project Director of the American Association of School Administrators said, "We set up the survey because we wanted to see if schools and libraries in rural and low-income areas were aware of the E-Rate and participating. The answer is a resounding yes."

Of those responding to the survey: 93% were aware of the E-Rate; 87% had already received a copy of the initial application form; and 84% said they intended to take advantage of the E-Rate

"Schools and libraries are very enthusiastic about the E-Rate. Nearly half of the survey participants who said they planned to apply for the E-Rate have already done so," remarked Jeff Burnett, Director of Government Relations for the National Association of Independent Schools.

The survey found that: 67% of respondents said that the E-Rate will increase the amount of money they can spend on technology 73% of respondents said that the E-Rate will increase the use of technology. 57% said that the E-Rate will allow them to purchase new services.

"We couldn't be happier with the findings of this survey. Schools and libraries know about the E-Rate. They are applying in great numbers. And the program is allowing them to expand their technological resources," said Steve Kohn, Director of Education Initiatives of Bell Atlantic.

"Americans know that for their children to succeed in the next century, they have to be skilled in the use of technology," said Jon Bernstein, a senior professional associate for the National Education Association. "Our schools and libraries have sent a strong signal that they are eager to meet that demand, and educators couldn't agree more."

The E-Rate Hotline contacted 187 schools and libraries predominantly rural and low-income areas during February 20 and April 2, 1998. The Hotline spoke with 124 public schools, 35 private schools and 26 libraries in 14 states. Of those institutions contacted, 165 or 88% were willing to respond the survey.

The survey was conducted by the E-Rate Hotline, an information and referral service helping schools and libraries apply for the E-Rate. The E-Rate Hotline is a project of The Education and Libraries Networks Coalition (EdLiNC), formed to represent the viewpoint of schools and libraries in the FCC proceedings dealing with the implementation of the Telecommunications Act of 1996.

The Coalition seeks to expand the use of educational technologies in schools and libraries by making sure that these entities are given the affordable rate which is guaranteed to them in the Universal Service provisions of the Act. Support for the E-Rate Hotline comes from Bell Atlantic.

Source: Education & Library Networks Coalition (EdLiNC).

Table of Contents

Social challenges growing

A new report from the National Center for Education Statistics (NCES) confirms that significant changes have occurred in the social context of education in recent decades. Major findings are that the percentage of children having difficulty speaking English has increased from 3 percent to 5 percent since 1979, and the proportion of children living in single-parent families has more than doubled since 1970. The study also notes that parents' level of education is strongly associated with student achievement. For a complete report, contact NCES at 202/512-1800 and request stock number 065-000-01066-6.

Table of Contents

Find teacher aides have no effect on student learning

An analysis by two of the principal researchers on the Tennessee Project STAR study has "found no statistical evidence that providing teachers in regular classes of 25 students with a full-time teacher aide improved student achievement."

Project STAR is best known for its widely publicized finding that decreasing class size from 25 to 15 students in grades K-3 significantly improved student achievement. But the unexpected finding on the non-effects of teacher aides on student learning has been virtually ignored by researchers, educators, and school policymakers.

Researchers also found that teachers with full-time teacher aides did not spend any more time in direct instruction of students in reading and math than did teachers in regular classes without an aide.

The findings are detailed in a newly released publication from the Educational Research Service (ERS) titled Teacher Aides and Student Learning: Lessons from Project STAR. Copies of the publication (NR-0271) are available from ERS for $12 each, plus 10 percent for postage and handling ($3.50 minimum). Order by mail at: ERS, 2000 Clarendon Boulevard, Arlington, VA 22201-2908; phone 800/791-9308; fax 800/791-9309.

Table of Contents

---

TOOLS FOR SCHOOLS

---

Book recommends solutions for low-performing schools

How can school districts, states, and communities turn around low-performing schools? A new guidebook released by the U.S. Department of Education recommends several solutions:

Help schools gain control of the learning environment by setting and enforcing discipline policies.

Encourage schools to challenge all students to take rigorous courses.

Establish a professional development program aligned with the curriculum.

Extend learning time.

Provide services so young children come to school ready to learn.

Turning Around Low-Performing Schools: A Guide for State and Local Leaders describes how school boards and states have taken steps to identify deficient schools and establish improvement programs. It also lists federal resources available for school reform. The report is on the department's Web site: http://www.ed.gov.

Table of Contents

Total Leaders explores change strategies

Total Leaders: Applying the Best Future-Focused Change Strategies to Education is a new publication just released by the 15,000-member American Association of School Administrators. Written by theorist, writer, and leadership developers William Spady and Charles Schwahn, the 142-page book synthesizes the thinking of more than 100 leading futurists and leadership theoreticians. The authors make clear how those theories might be applied by school leaders to effectively improve student learning.

"Thirty years ago, people viewed change much more conservatively, as an event that was predictable and dangerous," the authors state. "Today that view has flipped 180 degrees as people view change as a continuous journey that is required to survive," they add.

Students emerging from today's schools, however, enter a global marketplace, where quality is an entrance requirement; customers demand value; new players are constantly entering the marketplace; "glocalism" demands satisfying needs of those not only in the immediate community but also in other parts of the world; doing well means doing good within the framework of social responsibility, not just profitability; and English has become a common language of everything from business to sports or science.

What are the characteristics of the "total leader?" Spady and Schwahn suggest the following:

The book Total Leaders, stock number 234-001, is available from AASA for $15.95 (AASA member price is $12.95). To order, call AASA Publications, 888/782-2272.

Table of Contents

Web site created for 150^th year of women's rights movement

For this 1998 anniversary, the Legacy '98 web site of the National Women's History Project is the key resource. The site provides a detailed chronology of historic events, a brief history of this civil rights movement, links to contemporary women's organizations, ideas for school programs, information about a Student Essay Project, contact information for one hundred women's history organizations and many costumed history performers, a state-indexed calendar of planned events, and a related "listserv." The URL of the web site is: http://www.Legacy98.org

Table of Contents

Guide to free computer materials is published

Educators can get hundreds of computer-related materials just for the asking through the pages of the Guide to FREE Computer Materials. The guide lists more than 1,200 disks, videotapes, pamphlets, downloads, booklets, magazines, posters and books available free of charge. More than 670 sources are willing to send educators these materials just for the asking.

Publishers said the updated 16^th Annual edition presents more free computer materials, including more complete programs, than ever before. A new format is designed to make the guide easy to use.

Just published, the 1998-99 Guide to FREE Computer Materials is available now, priced at $38.95. It is available on a 15-day free trial basis - no money needs to be sent with the order. For more information, write or call, Educators Progress Service, Inc., 214 Center Street, Randolph, WI 53956; phone 920/326-3126.

Table of Contents

AARP touts toll-free number for safety

With traffic safety a major concern for all, many mature drivers in Illinois are being offered driving classes called AARP 55 Alive. Many mature drivers are eligible for a discount on their auto insurance after completing this 8-hour classroom course. What's more, no tests are required. For information, call 888/227-7669.

Table of Contents

Guidebook on preventing hate crimes is issued

A comprehensive program to prevent hate-motivated behavior and crimes should involve all school personnel in creating a climate in which such behavior is not acceptable, according to a federal guidebook. But the guide from the U.S. departments of Education and Justice also stresses that schools must permit expression of diverse viewpoints.

For information about Preventing Youth Hate Crime: A Manual for Schools and Communities, contact: Safe and Drug-Free Schools, U.S. Education Department, 202/260-3954; http://www.ed.gov/offices/OESE/SDFS.

Table of Contents

---

FEDERAL UPDATE

---

Surplus computers to go to neediest schools

A new federal program will funnel surplus government computer equipment to impoverished schools and educational nonprofit groups, Vice President Al Gore announced recently. Called "Computers for Learning," the program will give priority to pre-K and K-12 schools with the greatest need, especially schools in federal empowerment and enterprise zones.

"Many times, when the government buys a new computer, the old one goes on a shelf for months or years - taking up space and costing us money," Gore said. "We want it to go right off of the shelf and right into our classrooms - opening up cyberspace and helping students learn."

Schools and educational nonprofit groups can sign up for the program at the Internet website http://www.computers.fed.gov.

Table of Contents

---

Workshops & Meetings

---

EDVentures conference set

The seventh annual conference of the Association for Educators in Private Practice (AEPP), EDVentures '98 is to be held July 30-August 1, 1998 at Northwestern University. Organized by AEPP, the conference is "for those who have a different view of education, an entrepreneurial, risk-taking approach, rather than business as usual."

School district superintendents, education technology experts, charter school advocates, enterprising educators, and those interested in school policy and reform are encouraged to attend the conference.

Conference information is available from Chris Yelich, AEPP, N7425 Switzke Road, Watertown, WI 53094; phone 800/252-3280 or e-mail yelichrish@aol.com.

Table of Contents

Five pre-conference workshops announced

IASB Conference planners have announced that five Friday morning workshops are to be offered November 20 from 9:00 a.m. to 2:30 p.m. in conjunction with the Joint Annual Conference. School leaders can choose from any of the workshops to be held at Chicago's downtown Sheraton.

In addition to a workshop for new board members, and a workshop for board presidents, the topics will include:

Collective bargaining: Recent legal and process developments

Parliamentary procedure

First things first: Taking a radically different approach to time management.

Workshop participants will be awarded 10 Leadership and Development points. Applicant may register for these five workshops on the district registration form to be included in the upcoming conference mailing. The cost is $125 per person per workshop, and includes continental breakfast, luncheon and breaks. You must be registered for the conference in order to attend these pre-conference workshops.

Table of Contents

Conference on technology & learning set

Pioneers in education technology from school districts nationwide will explore how technology can help improve student learning when they assemble at the 12^th Annual Technology + Learning Conference, October 29-31, at the Nashville Convention Center.

Sponsored by NSBA's Institute for the Transfer of Technology to Education (ITTE) and co-sponsored by more than 25 other national education organizations, the conference will help prepare school leaders for a new technological age.

Conference highlights will include the general and showcase sessions featuring nationally recognized speakers in education technology.

For registration information about the Conference, visit the Technology + Learning web site at http://www.nsba.org/T+L. You can also call 800/950-6722 to register or call for fax on-demand at 888/267-5394, and select document number 602 for more program details.

Table of Contents

---

THE NATIONAL SCENE

---

Public has limited tolerance for zero tolerance

"In an era when schools are often criticized for being too lax, school boards now are being criticized for strictly adhering to zero-tolerance discipline, drug and dress code policies." That word comes from the June 1998 issue of Agenda, the official newsletter of the Colorado Association of School Boards.

Citing a growing number of instances where courts or parental pressures have overturned the zero tolerance policy judgement of schools, the newsletter concludes "Joe Public thinks it's time that school boards lighten up. The news media seem to agree, with one columnist writing that Colorado school officials are 'displaying the rigor of Prussian drillmasters and the intelligence of Russian oxen.'"

Board members say schools often just can't win: they are roundly criticized if they exercise common-sense judgement, but are equally condemned if they lay down the law with a zero-tolerance approach.

Furthermore, statutes have mandated certain actions that can conflict with school officials' ability to use common sense.

Boards often are constrained by laws and policies that do not allow freedom to tailor the punishment to the offense, the newsletter quotes one school board member as saying.

Table of Contents

Policy says parents must be civil or else

One school district in California is not going to take it any more when it comes to rude and outrageous behavior by parents. The school board in San Juan Capistrano swallowed hard and adopted California's first school civility policy for parents.

The new policy authorizes misdemeanor charges to be filed against any parent who uses obscenity, screams or just plain behaves badly to school staff. Incidents of this kind have become more common, according to officials. The new policy simply taps into the power to file charges already available in the California education code.

Table of Contents

Internet employment program launched

A unique service that connects students and graduates with employers via the Internet was launched this spring by the National Association of Secondary School Principals. The service is called School and College Records on the Internet for Better Employment (SCRIBE).

The program enables high school and college students to offer employers an enhanced, employer-friendly record of their education and experience. Students can begin their record in high school and update it as they proceed through college and work. Students pay a sign-up fee of $10 to post their information and gain access to jobs posted on the network. For more information, visit the SCRIBE website at http://www.scribenet.org.

Table of Contents

Americans support testing teachers

Americans want more control over the teachers in their children's public schools, according to a recent poll of the readership of Good Housekeeping magazine. Eighty-four percent said teachers should be periodically retested in order to keep their licenses. By a narrower majority, most readers (52 percent) said tenure is a bad idea because it makes it too difficult or costly to fire incompetent teachers.

Table of Contents

---

NEWS FROM IASB

---

Golf for Education V announced

The Alliance Political Action Committee (PAC), working in support of the Statewide School Management Alliance announces "Golf for Education V" to be held Monday, July 27, at Pekin's venerable Lick Creek golf course (one of Golf Digest's top 75 public courses). This event is the fifth in what is an annual golf outing to raise money in support of legislative efforts to affect positive changes for the children of Illinois.

Formed in 1993, the Alliance PAC works in support of the school management alliance. The Alliance brings together four management organizations, Illinois Association of School Boards (IASB), Illinois Association of School Administrators (IASA), Illinois Association of School Business Officials (Illinois ASBO), and Illinois Principals Association (IPA).

Membership in the alliance includes professional educators representing school boards, school administrators, school principals, and school business officials. The Alliance PAC drew over 250 golfers to its fourth event last year.

"We continue to receive congratulatory remarks for our efforts. Most rewarding are the comments received from those unable to attend the event in prior years, but upon hearing the glowing reviews from those who have participated, plan to attend this year," said Guy M. Cahill, the events organizer.

"We will continue with two shot-gun starts automatically, as well as a Sunday evening tee-off for those scratch golfers in the group," said Cahill, lamenting the disappointment of some hoping to tackle the Lick Creek course directly.

If you are interested in becoming a sponsor for this event, please contact Guy M. Cahill, Golf For Education Organizer, at 309/346-7276.

Note: Last month the News Bulletin provided details about PAC Golf for Education V, including a listing of those sponsoring the event, and registration materials.

Table of Contents

ISDLAF+ : going beyond simple rate of return

In a well-run cash management program, published rate of return tells only part of the story. Safety of principal, liquidity as well as high quality service are also critical elements.

For school business managers and superintendents, while liquidity and yield are important, safety of principal is paramount. Cadre Financial Services, Inc., the investment adviser and administrator for the Illinois School District Liquid Asset Fund Plus (ISDLAD+), understands this delicate balance and strives to help the Fund's members meet their investment objectives.

Another key component to financial peace of mind is the strength of the financial provider. Cadre has been managing and administering public funds for over sixteen years and is owned by Ambac Financial Group, whose assets total $8 billion. Its sister company, Ambac Assurance Corporation is rated triple-A by four major rating agencies and has insured $46.3 billion of par value bonds nationwide in 1997 alone, many of which were Illinois school construction bonds.

A further element of the fund's focus on safety is that investments in the ISDLAF+ are held in the fund's name at a third-party custodian bank. Cadre says this meets the General Accounting Standards Board definition of the lowest risk category under GASB Statement #3. In addition, Cadre performs frequent credit reviews of all relevant investments and all counterparties to monitor their financial well-being.

Both the Fund's Liquid Series and MAX Series are rated AAAm by Standard & Poor's, the highest such rating possible. No member of the Fund has ever lost one cent of principal or interest on its investment in the Fund.

For more information about ISDLAF+, including an Information Statement, contact your local ISDLAF+ representative or call John Patti, Vice President, Cadre Securities, Inc., at 1-888-ISDLAFP. Read the statement carefully before investing. ISDLAF+ is marketed by Cadre Securities, Inc., member NASD & SIPC.

Table of Contents

IASB Service Associate Legat Architects earns design award

Legat Architects, an IASB Service Associate firm, recently received the 1998 New Construction Merit Award from the Chicago Building Congress for its design of Warren Township High School in Gurnee District 56.

Judging was based on the distinctiveness of design, quality of construction, and positive impact the project has had on the community. One Merit Award in each of four categories is presented annually by the Chicago Building Congress to the owners and project teams of four outstanding Chicago-area projects.

Legat Architects, a 100-person firm with six offices in Illinois, has designed over 700 schools and colleges in the state.

Table of Contents

---

Developments in School Law

---

Who is responsible for the conduct of student journalists?

The National School Board Association and the IASB jointly filed an Amici brief in a case before the entire panel of judges for the U.S. Court of Appeals, First Circuit. The case concerned whether school officials are responsible for the conduct of student journalists. Massachusetts statute grants students the right of freedom of expression in public schools. Thus, the school board gave student journalists control over newspaper and yearbook content. The students rejected a proffered advertisement in support of abstinence. The group submitting the ad sued the school district claiming that its refusal to publish the ad violated their free speech and equal protection rights.

In its initial decision, the First Circuit imputed the actions of the student journalist to the school district. Thus, it found that the school district violated the Constitution by failing to require the student journalists to include the ad. On rehearing, however, the First Circuit reversed its earlier decision and agreed with our assertions. Here, where school officials did not exercise editorial control over the students, the school district was not liable for the acts of the student journalists. Yeo v. Town of Lexington.

Illinois is under the jurisdiction of the Seventh Circuit Court of Appeals, not the First Circuit. This was a very close case and no one knows whether, if faced with the same issues, the Seventh Circuit would agree with the First Circuit. The student journalist filed a Petition for Writ of Certiorari with the U.S. Supreme Court. If the Supreme Court accepts this case for review, the IASB will continue its efforts in support of the school district. In the meantime, the First Circuit's decision, like any decision refusing to hold a school district responsible for the actions of its students, is wholeheartedly welcomed.

The Illinois General Assembly completed its business for the 1998 spring legislative session May 23. A final flurry of activity included passage of the Fiscal Year (FY) 1999 budget, bills to provide tax cuts for individuals and big businesses, and a campaign reform and ethics reform bill. It also featured the legislature's acceptance of the Governor's amendatory changes to S.B. 3 - the so-called 2.2 pension bill.

The legislature also approved H.B. 1640 to make significant changes to the administrative cost cap provision of last year's major school reform legislation, H.B. 452. The provision to lower the high school district calculation rate was deleted from H.B. 1640 before passage. The calculation rate language and other funding changes were amended onto S.B. 1246 in the waning hours of session. The House passed S.B. 1246 but the bill was not called for a vote in the Senate before that chamber adjourned.

increase the employee's contribution to 1% of salary;

decrease the school district's contribution to .3% of payroll July 1, 1998, and .58% of payroll each year thereafter;

allow a school district that is currently paying the employee's TRS contribution because of a collective bargaining agreement to waive the new employer contribution until the expiration of such a contract;

allow an employee to purchase previous service credit (up to 20 years) -- with a free year of upgrade for every three years worked after July 1, 1998;

allow employees who retire under the current TRS Early Retirement Option with 34 years of service to waive the 7% penalty; and

allow employees who retire to receive a pension equal to 75% of their final average salary if the member is qualified to receive an annuity equal to at least 74.8% of final average salary.

The 2.2 pension bill became law immediately upon passage.

In the elementary and secondary education budget, the legislature fully funded the provisions of H.B. 452. The general state aid line item received an 18.3 percent increase over last year's level to meet the $4,225 per student funding requirement. The hold harmless line item was funded with $58 million (5.1% greater than last year's level) to fully fund the cost of the hold-harmless provision.

The legislature added approximately $60 million more than the Governor called for to fund the various categoricals. With this increase, categorical funding will be prorated at the same rate as last year (which means school districts will receive 85.6 percent of the reimbursement for transportation in FY '99). The line item for the Reading Improvement Block Grants jumped 76 percent over last year's funding level; the Early Childhood Block Grant was increased by 15 percent. One of the largest percentage increases for any line item was an 83.9 percent boost provided for the Illinois Goal Assessment Program (IGAP) and Prairie State exams.

The legislature cut the State Board of Education's operating budget to a level roughly $2 million below the Governor's request.

For a more detailed look at education-related bill adopted this year, the Digest of Bills Passed will be distributed by IASB in late June or early July.

Table of Contents

Illinois Association of School Boards

2921 Baker Drive
Springfield, Illinois 62703