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School Board News Bulletin
July 2002

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Governor cuts $100 million from school funding

Vazquez’s interim term as state superintendent extended one year

McGee report on poverty levels, education finds that leadership matters

Do you know who your legislators are?

Controversial vouchers, drug tests, pledge rulings pit courts against schools, public, lawmakers

Illinois School Code undergoes major update

FEDERAL UPDATE

Court ruling on privacy gives victory to public schools

LEGISLATIVE UPDATE

NEWS FROM IASB

IASB goes online with new electronic bookstore site

IASB resolution proposals submitted to seek new policies

IASB staff adopts own standards

Szabo appointed to joinIASB Board of Directors

THE NATIONAL SCENE

Feds prepare for potential terrorism at nuclear plants

NEWS HEADLINES

RECENT MAILINGS FROM IASB

Governor cuts $100 million from school funding
General Assembly overrides vetoes to restore more than $46.8 million to schools

Lawmakers recently voted to override more than $46.8 million of the $100 million in school funding cuts made by Governor George Ryan through vetoes. Ryan had called the legislature back for a special session Monday, June 10, to consider $560.5 million in cuts to the state's Fiscal Year 2003 budget.

The legislature adjourned June 2 after adopting a presumed final budget, but days later the governor said the budget was not balanced and vetoed a total of $560.5 million. Ryan said a major factor in his decision to veto so much state spending was his refusal to use the authority lawmakers had granted him to borrow up to $750 million.

Lawmakers had authorized the governor to borrow that much money and repay it with funds from the settlement of a nationwide lawsuit against the tobacco industry. But Ryan says he told legislative leaders before they left town June 2 that he would not use long-term borrowing to operate short-term government programs.

While overriding many of the vetoes, lawmakers sustained all of the line-item vetoes to the Illinois State Board of Education (ISBE) budget. Thus the following programs and their related funding were eliminated for Fiscal Year 2003:

• Academic Early Warning List Program ($3.6 million)
• Reading Improvement Statewide Program ($3.4 million)
• Student At-Risk Grants/Academic Difficulty ($2.5 million)
• Scientific Literacy, Mathematics and the Center for Scientific Literacy ($6.9 million)
• The $33 million lawmakers had added for mandated categorical spending (this would have brought the proration level up to 94%; it has now been cut back to 90%)

Lawmakers restored several reduction vetoes, which are those where the governor keeps a given program in place but reduces its budgeted amount. The reduction vetoes the General Assembly restored include:

• $26 million in General State Aid derived from general revenue funds and $4.8 million in General State Aid from Education Assistance Funds
• $657,000 in the Hold Harmless line item
• $6.2 million for the Early Childhood Block Grant

In addition, lawmakers restored a reduction veto totaling $8,574,000 in mandated categorical funding that the governor had tried to cut on top of the $33 million categorical cut. The restored amount in mandated categorical funding includes:

• $471,000 restored for special education private tuition reimbursement
• $2.3 million for extraordinary special education reimbursement
• $1 million for special education reimbursement for orphans and foster children
• $338,000 for special bilingual education costs (Chicago)
• $265,000 for special bilingual education costs (downstate)
• $2.1 million for regular student transportation reimbursement
• $2.1 million for special education student transportation reimbursement

The legislature, on the other hand, sustained and let stand the following reduction vetoes:

• Funding for the ADA Block Grant reduced by 1% ($675,000)
• Funding for the Reading Improvement Block Grant reduced by 1% ($804,000)
• Funding for the Early Intervention Program reduced by 1% ($651,000)
• Funding for the State Board of Education Administration budget reduced by about $1.6 million

School management lobbyists note that the legislature's options were limited: either accept the governor's budget changes and the governor's level would become law; or override the governor's vetoes and the original budget amount passed by the General Assembly would stand. The legislature could not have reduced other items in the budget or set a new amount for any line item.

ISBE figures indicate the 2003 budget will provide $176 million less in funds for use in classrooms than last year, with $211 million less for K-12 education overall. Programs cut include teacher training, transportation, reading improvement, and financial incentives for districts that consolidate with other districts. The agreed-to cuts ranged from about 3.5 percent to 10 percent per program.

General State Aid now stands at $111 million less than last year (nearly the same amount as the increase for teacher retirement), categoricals are down $42 million and the technology line item was cut in half.

The cuts come at a time when hundreds of Illinois districts have been besieged by deficits, and many have been unable to persuade voters to pass tax increases for local schools. Consequently, a growing number of such districts have been forced to cut programs, spend down their reserves, and raise student fees. Even before the cuts, of course, Illinois was already listed at 48th among all states in the percentage of school funding derived from state sources.

But not all the funding news from Springfield was bad. Remaining untouched by state leaders was the $500 million in new bonding authority for school construction. Also softening the impact of the state cuts, federal spending was expected to provide an additional $316 million to Illinois districts for targeted school programs this year. That amounts to the largest federal spending increase ever received, although it comes with considerable strings attached, mainly those contained in the 2001 No Child Left Behind Act.

Technically, the state budget remains in flux. That is, the legislature could be called back to Springfield yet again this summer to rework the budget if the governor decides to veto new budgetary line items. The deadline for this is August 1.

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Vazquez's interim term as state superintendent extended one year

Respicio Vazquez's tenure as interim state superintendent of education has been extended by the Illinois State Board of Education through "no later than June 30, 2003." His previous contract covered the period from February 1 thru June 30, 2002. The board announced the contract extension in July, but said it has stipulated that Vazquez's contract may be ended with only seven days' notice if the board hires someone else as state superintendent of education. Vazquez is one of seven finalists for the job, however, along with former Chicago schools' CEO Paul Vallas. Source: Press release, ISBE, July 1, 2002.

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McGee report on poverty levels, education finds that leadership matters

The Illinois State Board of Education met in Oak Brook for its annual retreat June 20, and heard a report on educating poverty-level students from former state superintendent of education, Glenn W. "Max" McGee.

McGee presented the results of his research project, "Closing Illinois' Achievement Gap: The Golden Spike." This study examined characteristics of high poverty, high achieving schools and the differences between such schools and high poverty, low achieving schools. McGee referred to this dichotomy as "bridges and chasms."

A summary of his findings in explaining the success of high poverty, high achieving schools:

• In such schools, leadership matters a lot, especially the principal.
• Early Literacy (Pre K - 3rd grade) is stressed.
• The school day and school year are longer.
• Teachers are different, often going the "extra mile."
• There is parent and community engagement.

Curiously, study findings indicate the jury is still out on the impact of:

• Individual professional development, as opposed to team or building-wide professional development.
• Alignment to state standards, although McGee indicated he subscribes to the theory that high standards are necessary.
• What kind of instruction is best, although good instruction is needed.

From this report, also, came the following policy recommendations:

• Make academic achievement of the poor the state's top priority.
• Increase funding for early childhood education, early intervention and early literacy. His research shows that when the emphasis is placed upon early childhood education there is a decrease in the number of special-ed kids.
• Reinvent professional development systems as school teams.
• Reallocate current funds that maintain inequities, and increase taxes.
• Expand community involvement through food service, community health access, and so forth.

McGee said society had hoped this problem would go away over time, but it hasn't, and "we can do better and will."

Source: Cynthia Woods, IASB Assistant Director for Advocacy.

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The legislative remap that takes place every ten years can cause even well-informed people to scratch their heads about which legislators now represent them. Fortunately, the Illinois General Assembly provides a Web site that includes a hot button called "Find Your State Legislator." There is also a hot button for "State Legislative and Congressional District Maps." The site's Web address is: http://www.ilga.gov/

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Controversial vouchers, drug tests, pledge rulings pit
courts against schools, public, lawmakers

Three controversial federal court decisions handed down in late June will have little immediate impact on Illinois public schools, according to school law experts. Major Supreme Court rulings that approved vouchers and drug tests on 5-4 majority votes could have a tremendous impact in the long run, of course, but only after considerable deliberation and political and legal action at the federal, state or local levels.

The most significant new ruling was the landmark U.S. Supreme Court decision June 27 that said public school vouchers may be used to pay for private and parochial schooling. But the Cleveland-based voucher program upheld by the Court had first been adopted by the Ohio legislature. Thus, Illinois lawmakers would need to approve a similar program in order for such private education vouchers to become lawful in this state.

"This is not the final word on the issue of vouchers, and, in fact, it begins a new day for us," said Mossi White, president of the National School Boards Association (NSBA). "This decision represents an opportunity for us to become the most passionate and most articulate advocates ever for public education."

Advocates of vouchers disagreed, beginning at the top, with President Bush, who stated, "This decision clears the way for other innovative school choice programs, so that no child in America will be left behind."

Illinois legislators already have adopted a school choice program similar in effect to vouchers in the form of private tuition tax credits, which could vent some of the steam from the voucher movement here. More significantly, the Chicago Tribune reported June 28 that "pushing school choice through the General Assembly has never been an easy proposition, and voucher opponents are promising a spirited campaign."

"I think it would still be very difficult to get a voucher issue through the legislature," agreed Illinois Federation of Teachers' spokesman Dave Comerford. Public education advocates add that the largest obstacle for voucher proponents may be Illinois lawmakers' reluctance to divert funding from public education, particularly in the context of today's struggling economy.

Another June 27 Supreme Court ruling authorizes the random drug testing of students involved in extracurricular activities. It does not place any mandates on Illinois schools, nor is it really groundbreaking in this state. Instead, it merely permits schools boards to enact drug testing programs for extracurricular students, confirming the authority boards already have enjoyed in Illinois for several years under a nearly identical appellate court ruling.

That is, according to IASB General Counsel Melinda Selbee, the Supreme Court merely confirmed the authority of school boards to randomly test students who participate in extracurricular activities in high schools and junior high schools.

"We've been living under the same law in Illinois since 1998; boards could have safely proceeded to establish testing programs here without this ruling," explains Selbee.

"Thus, we do have a sample policy and sample consent forms to implement this if a board wants to do this." Selbee said.

Selbee said there are many factors to consider in determining whether to go forward with such a program. "I think before a district could ever justify spending money to implement it, the board would have to have data identifying a drug problem in the school; otherwise it really makes no sense," she said.

There are lots of pros and cons to consider, she added, including the current extent of the drug problem, if any, and when and how the district would want to implement testing. "But boards may want to have a discussion about it now in case it becomes necessary to implement such a program. Questions to ask administrators after an initial discussion would include: What kind of drug expulsions did we have this year? How many incidents did we have where kids were kicked off of teams?" Selbee said.

In any case, local boards would first have to weigh the need for such action in their community and vote to approve a specific drug-testing program in order for drug testing to begin. Until recently, fewer than one in ten Illinois school boards had opted to test student athletes, a group of students the courts have found most likely to be harmed by the damaging effects of illicit drug use.

"Testing students who participate in extracurricular activities is a reasonably effective means of addressing the school district's legitimate concerns in preventing, deterring and detecting drug use," Justice Clarence Thomas wrote for the majority of the Supreme Court in this case.

National education officials praised the decision, saying it gave public schools yet another tool to create a safer environment for children.

"It is crucial that local school boards be able to exercise their own good judgment about what strategies to use to fight drug use in their schools," said NSBA president White.

The local impact in Illinois may be even less significant from another well-publicized federal court ruling - a California appellate court determination that stated the Pledge of Allegiance is unconstitutional because it contains the words "one nation under God." The court ruled that phrase amounts to an official establishment of religion, immediately drawing criticism from the President and the Congress.

But, not only does the West Coast court in question - the 9th U.S. Circuit Court of Appeals - lack jurisdiction over Illinois schools, school attorneys say, the court itself has since put its ruling on hold pending appeals. It likely would take a Supreme Court decision upholding the lower court ruling, which many legal observers say is unlikely, in order for the ruling to impact Illinois schools.

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A series of public hearings are to be held this summer on the first comprehensive draft of revisions to the Illinois School Code.

Since the Code took effect in July 1961, there have been repeated amendments to the 885-page document. In addition, every year new statutes and court cases impact its content. As a result, the Code contains outdated and inconsistent language; obsolete, overlapping and conflicting provisions; and a generally confusing organizational structure, making it difficult to use for the novice or experienced reader.

The public hearings are a directive of the Governor's Commission on the Revision of the Illinois School Code. This 40-member panel, chaired by Hazel Loucks, Deputy Governor for Education and Workforce, has been meeting monthly for the past year. In addition, six committees and various subcommittees were formed to develop and recommend changes that will be presented to Gov. George Ryan in November.

Public hearings will be held every Thursday, from 5 to 9 p.m., beginning August 15 at locations around the state. Scheduled dates and locations: Aug. 15, Lewis & Clark Community College (C.C.), Godfrey; Aug. 22, John A Logan C.C., Carterville; Aug. 29, Richland C.C., Decatur; Sept. 5, Carl Sandburg C.C., Galesburg; Sept. 12, Wilbur Wright C.C., Chicago; and Sept. 19, Elgin C.C.

Changes have been considered in six areas: code financing, support services, recodification, academic programs, administration and supervision, and teaching and personnel.

Russell Clover, Superintendent of O'Fallon THSD 203 and chairman of the support services committee, said the biggest problem with the existing Code is its readability. "You can't use it without going to two other books to understand it," he said recently.

He said most of the proposed changes would be technical, aimed at cleaning up language, updating provisions, and making it more usable. But he acknowledged that others would be controversial, such as eliminating General Assembly scholarships or changes in special education provisions.

Another commission member, Brian Ali, superintendent of DeKalb C.U. District 428, described the revision experience as daunting. "The interpretations and perspectives of each Article are all over the place," he told administrators at the recent IASA conference in Springfield.

Changes are likely to be made to the recommendations after the public hearings conclude Sept. 19 and a final draft is submitted this fall.

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FEDERAL UPDATE

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The U.S. Supreme Court ruled on June 20 that the federal law that guarantees the privacy of student records cannot be enforced through private lawsuits, thus saving schools from the time and expense of such litigation. The court ruled by a 7-2 vote that individual students or parents may not obtain court orders to enforce the Family Educational Rights and Privacy Act of 1974 (FERPA).

Chief Justice William H. Rehnquist, in the majority opinion, stated that Congress did not unambiguously confer individual rights in FERPA that could be enforced in court through the use of a broader federal civil rights statute, the Civil Rights Act of 1871, known as Section 1983.

"This decision is a victory for public school districts. At a time when too many tax dollars are already being spent to defend lawsuits, the U.S. Supreme Court's action today protects schools from being sued under the Act (FERPA)," said Anne L. Bryant, executive director of the National School Boards Association.

"School districts are diligent about protecting the confidential information specified by FERPA. This ruling protects school districts from costly court judgments if an inadvertent error happens," Bryant added.

Source: NSBA.

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LEGISLATIVE ACTION

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Administrative re-certification, HB 1436 (Daniels, R-Elmhurst) requires new re-certification standards for school administrators. The bill provides that administrative certificate renewal is to begin July 1, 2003. Every administrator would be required to develop a plan that would include a minimum of three individual improvement goals. To renew a certificate, an administrator would agree to participate in continuing professional development activities totaling a minimum of 100 hours; and participate every year in an Illinois Administrator's Academy course that equals 36 continuing professional development hours over a five-year period.

The bill also contains provisions on moving from an initial teachers' certificate to a standard certificate. It provides that individuals may be issued standard teaching certificates if they successfully complete certain requirements before the expiration of their initial teaching certificates.

Cell phone policy, HB 3938 (Flowers, D-Chicago) provides a declaration of intent about cell phone use in schools, and specifically allows local school boards to establish appropriate rules and disciplinary procedures regarding cell phone use in schools.

Tax anticipation warrants, HB 3729 (Osterman, D-Chicago) provides that, in lieu of issuing tax anticipation warrants, school districts may issue notes, bonds or other obligations, and, meanwhile, establish a line of credit with a bank. Such debt is limited to 85 percent of the amount of property taxes most recently levied for educational and building purposes. All such funds must be repaid from the property taxes when collected.

Inter-fund transfers, HB 5343 (Bassi, R-Palatine) removes the limit on school district inter-fund transfers that had capped the transfer at 20 percent of the taxes received in the fund.

Teacher health insurance funding task force, HB 4618 (Hannig, D-Litchfield) provides that the Teacher Health Insurance Funding Task Force must report its findings and recommendations by December 1, 2002, rather than April 1, 2002, which had been the original deadline. Also, the task force is abolished on December 31, 2002, rather than July 1, 2002.

Student-initiated prayer, HB 4117 (Wright, R-Lincoln) allows public school students to voluntarily engage in student-initiated, non-disruptive prayer. Such prayer may not be sponsored, promoted or endorsed by the school or any school employee. The bill also says such prayer will only be allowed if it is consistent with the free exercise clause and establishment clause of the U.S. and Illinois Constitutions.

Pledge of Allegiance, SB 1634 (Philip, R-Wood Dale) requires high school students to recite the Pledge of Allegiance each day. The bill passed unanimously in both houses and the Governor signed it July 3, making it P.A. 92-612.

Teacher certification test, SB 1953 (Cronin, R-Elmhurst) provides that a student may not enroll in a teacher preparation program at a recognized teacher-training institution until he or she has passed the basic skills test required for certification. An amendment was added in a Senate committee to prohibit, beginning with the 2004-2005 academic year, a pre-service teacher from student teaching until he or she has passed the subject matter test for the subject he or she would student teach.

Fire safety inspections, SB 1545 (Mahar, R-Orland Park) Allows a local fire department or the state fire marshal to conduct a fire safety check in any public school (fire officials must notify the principal in writing and schedule a time for the check). The bill also requires the regional superintendent to submit a copy of a school's building plans and specifications for review by the local fire department if the school board requests such a review. It also requires the fire department to comment on the plans and specifications at no cost to the district, and requires the board to correct any fire violation within one year after being notified of the problem. P.A. 92-593.

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NEWS FROM IASB

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The association's latest new service for member districts and board members is a Web-based IASB bookstore, which is much like the bookstore provided by the association at the annual Triple-I conference. Perhaps the biggest difference is that there are no lines to wait in.

The new Online Bookstore allows visitors to perform a search by title, author or topic for a particular title, but browsing for books or videos is also supported. Site visitors can also look under various categories for books of interest, with topics ranging from board meetings to training.

The IASB virtual bookstore is a VeriSign secure site, which provides advanced online security and allows visitors to learn more about the sites they visit before submitting any confidential information.

Customer service contact information is available on the Web site, and buyer satisfaction is guaranteed, permitting customers to return any unsatisfactory item in resalable condition within 30 days for a full refund, excluding shipping.

Visit the bookstore online at: www.iasb.com/shop/.

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The IASB Resolutions Committee will meet August 2 at the Hyatt Oak Brook to consider proposed resolutions and take testimony from the submitting districts.

The June 26 deadline for submission of resolutions recently passed with 15 different resolutions submitted. Submitting districts represent eight IASB divisions. Below are the 2002 resolutions, listed by subject matter, showing submitting school districts (and co-sponsors where applicable), and IASB division.

1. School consolidation & 2. Elected state superintendent
Submitted: United THSD 30, East MolineBlackhawk Division

3. Property tax caps
Submitted: Prairie Grove C.C. Dist. 46, Crystal LakeKishwaukee Division

4. Tax levies
Submitted: Wauconda C.U. Dist. 118Cosponsors: Prairie Grove C.C. Dist. 46, Crystal LakeBarrington C.U. Dist. 220Lake Division

5. Elected state superintendent
Submitted: Sycamore C.U. Dist 427Kishwaukee Division

6. Elections - mail-in ballots
Submitted: C.C. Dist. 43, Carol StreamDuPage Division

7. Student expulsions
Submitted: Canton Dist. 66Western Division

8. Student assessment
Submitted: Wood River-Hartford Elementary Dist. 15Southwestern

9. Funding mandated programs
Submitted: C.C. Dist. 54, SchaumburgNorth Cook Division

10. Student assessment
Submitted: Dist. 45, Villa ParkDuPage Division

11. Anti-bullying campaign
Submitted: Puffer-Hefty Dist. 69, Downers GroveDuPage Division

12. Funding special education
Submitted: Barrington C.U. Dist. 220Lake Division

13. Tax rate increase
Submitted: Barrington C.U. Dist. 220Lake Division

14. Fund consolidation
Submitted: Palos C.C. Dist. 118South Cook Division

15. School funding formula
Submitted: Glen Ellyn Dist. 41DuPage Division

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In addition to the many laws that regulate their work, many Illinois school boards have adopted a Code of Conduct to guide their individual and collective actions. This commitment to go beyond basic legal requirements in representing the public interest in education sets a high standard for performance and integrity.

For similar reasons, staff members of the Illinois Association of School Boards have developed and published a set of "Staff Standards" that convey what school board members have a right to expect from them. The standards spell out how the IASB staff will conduct itself in dealing with member districts and others regarding such subjects as accuracy of information, use of authority, acting in the best interests of school boards, offering comments or opinions, protecting confidentiality, financial responsibility, self-assessment and improvement, and other issues.

If you want to see what the IASB staff believes you have a right to expect from them, visit the IASB website at www.iasb.com and read the IASB Staff Standards located under the "What's New?" section.

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Ronald Szabo, of Oak Forest, President of the Illinois Association of School Trustees, has been appointed to the IASB Board of Directors to serve as the representative of the Trustees' Council on the IASB Board. In the latter capacity, Szabo replaces John Mannix, who resigned from the Board on May 4 to take a post as Associate Executive Director of IASB in order to oversee the association's Field Services Department.

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THE NATIONAL SCENE

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Schools located close to Illinois' 11 nuclear power plants are taking extra precautions following increased warnings of potential terrorist strikes. Illinois may be particularly on the alert because it has more nuclear plants than any other state. The Nuclear Regulatory Commission (NRC) officially put the nation's nuclear plants on a heightened state of alert May 24.

The federal government is offering free potassium iodide pills to distribute to nearby schools for students and staff. In case of a terrorist strike or accident at a nuclear plant releasing radiation in the air, the pills should help block the thyroid gland's absorption of cancer-causing radioactive iodine.

Source: NSBA, School Board News, June 4, 2002.

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NEWS HEADLINES

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District 59, Arlington Heights, is expecting to see a $3 million decline in school revenue for the 2002-03 school year, to $67.5 million from $70.5 million. The district estimates it has lost $3 million over the past three years because of tax refunds arising from challenges to the assessed value of local real estate. But an anticipated drop in state funding is another contributing factor in this year's expected revenue decline. (Chicago Tribune, May 31, 2002)... School leaders at Grant School District 110, Fairview Heights, have asked a St. Clair County judge to reverse a decision made by the regional office of education to add students to the district by granting a petition for detachment. Unless the decision is reversed, a total of 92 students who had been part of East St. Louis District 189 will be reassigned to Grant District 110 and Belleville District 201. Parents of some of the students cited concern for their children's safety and low test scores as factors in their desire to switch school districts. (Belleville News-Democrat, June 13, 2002) ... Ottawa Elementary District 141 leaders say money is tight in the district 141 self-insured medical program after receiving bills totaling $199,000 in May. A committee of administrators and union officials has been assembled to study where cuts in the insurance program can be made to slice the district's medical liability. The board has already approved an increase in deductibles. (The Daily Times, Ottawa, June 12, 2002)

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RECENT MAILINGS FROM IASB

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IASB regularly sends informational materials to all member districts. Here is a list of such items mailed to representatives in your district in the past month. For more information about any item, contact your board president or district superintendent or get in touch with IASB.

2002 Conference announcement, 6/10/02 to district superintendents.

2002 Digest of Bills Passed, 6/24/02 to board presidents and district superintendents.

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IASB ARCHIVES HOME

Illinois Association of School Boards

2921 Baker Drive
Springfield, Illinois 62703