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School Board News Bulletin
July, 2003

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Blagojevich uses veto to cut $22 million from ed budget

Head Start leader decries Bush plan to overhaul program

NEWS HEADLINES

THE NATIONAL SCENE

Movement encourages kids to walk to and from school

Philadelphia's bold teacher recruiting program working

NEWS FROM IASB

Resolution proposals aim to create new IASB policies

DEVELOPMENTS IN SCHOOL LAW

U.S. Supreme Court allows use of race as a factor to achieve diversity

ILLINOIS SCHOOL DISTRICTS

State Board sets criteria for 'highly qualified' teachers

New requirements take effect for administrator renewal

LEGISLATIVE ACTION

FEDERAL UPDATE

U.S. Supreme Court upholds Children's Internet Protection Act

High Court recognizes value of diversity in public education

WORKSHOPS & MEETINGS

Nation's premiere school technology meeting set

LEGAL F.A.Q.

Blagojevich uses veto to cut $22 million from ed budget

Education funding would increase by $384.5 million from previous year’s level

Gov. Rod. R. Blagojevich announced July 9 he was using his line-item veto powers to reduce the State Board of Education’s budget by $22 million, including nearly $6 million in funding cuts to the regional offices of education. The governor said his reductions are intended to be in administrative costs only and his budget includes an appropriation for "transition funding" so that no school district will receive less funding than it did last year.

"This was the toughest budget year the State of Illinois has ever faced. We’ve had to make some very difficult decisions about how to cut back spending and instill fiscal discipline," Blagojevich said.

The governor also signed House Bill 2663, which contains the bulk of the state’s $6.6 billion school spending plan for fiscal year 2004, which began July 1. Under the plan, school funding would increase by $384.5 million from fiscal year 2003, including more than $144 million in new spending for mandated programs.

The education budget raises the per pupil foundation level by $250 to $4,810, increases funding for mandated categorical grants, increases spending on early childhood education by $30 million, commits $500 million to new school construction (although this funding bill had not been signed as the Newsbulletin went to press), and creates a new teacher scholarship program to help attract new young teachers to shortage areas.

The governor announced some cuts in funding intended for the administration of state grant programs, and said he has ordered a reduction in the total count of regional offices of education from 45 to 22 statewide.

Blagojevich originally proposed eliminating the entire $23 million budget for the 45 regional offices this year. But state legislators, under pressure from education groups, put $17 million for the offices into the budget. Blagojevich used his veto power to reduce that amount to $11.3 million and ordered regional superintendents to create a new map of the 22 regions by May 2005.

Under the governor’s plan, the superintendent of the largest county in each region will become superintendent of the new region, acting as the fiscal agent and distributing grants and other appropriations. The remaining superintendents will work cooperatively with the successor as "transitional" superintendents until the reorganization is complete in 2007.

Vetoes

Below is a list of the line items the governor deleted or changed:

• All state funding for the Federal Workforce Training Fund was eliminated ($6,000,000).
• The Driver Education Fund was reduced by $450,000 from $16,350,000 to $15,900,000, leaving only the grants as appropriated by the General Assembly.
• Reading Improvement Block Grant operational costs were reduced by $279,750 from $373,000 to $93,250.
• Early Childhood Block Grant operational costs were reduced by $499,600 from $666,100 to $166,500.
• Education Programs for Dropouts and Truants were reduced by $246,300 from $16,000,000 to $15,753,700.
• The Summer Bridge Program was reduced by $216,600 from $25,053,400 to $24,836,800.
• Standards, Assessment and Accountability Programs were reduced by $1,100,000 from $26,395,200 to $25,295,200.
• Transportation reimbursement to parents was reduced by $86,900 from $14,586,300 to $14,499,400.
• Career and Technical Education Programs were reduced by $1,594,100 from $39,922,800 to $38,328,700.
• Alternative Education/Regional Safe Schools were reduced by $83,300 from $17,221,900 to $17,138,600.
• State Board of Education Regional Services were eliminated ($2,000,000).
• Costs associated with issuing teachers’ certificates under the Teacher Certificate Revolving Fund were reduced by $1,125,000 from $1,500,000 to $375,000.
• Costs associated with the Private Business and Vocational Schools Act was eliminated ($350,000).
• Under school technology the Statewide Educational Network saw a reduction of $375,000 from $500,000 to $125,000.
• Funds for the State Board of Education for the School Safety Assessment Audit were eliminated ($800,000).
• Funds for the State Board of Education for the Special Purposes Trust Fund were eliminated ($700,000).
• In the School Infrastructure Fund the administrative costs associated with the Capital Assistance Program were reduced by $600,000 from $800,000 to $200,000.
• Teacher Certificate Institute Fund established for regional superintendents and the costs associated with issuing certificates were reduced by $375,000 from $500,000 to $125,000.
• Regional Office of Education Programs including School Bus Driver Training, School Services and Supervisory Expenses were reduced by $3,250,000 from $6,500,000 to $3,250,000.
• The Charter Schools Program was reduced by $379,800 from $4,200,000 to $3,820,200 leaving only the grants as appropriated by the General Assembly at $3,693,600.
• Regional Superintendent and Assistant compensation was reduced by $350,000 from $8,500,000 to $8,150,000.

Legislators still could vote to override any of the governor’s funding cuts during November’s fall veto session or could choose to return to Springfield this summer to override any line-item reductions. The legislature also can act on the vetoes on October 23, when lawmakers are scheduled to reconvene in a perfunctory session prior to the November 4 start of the fall veto session.

Sources: The State Journal-Register, Springfield, July 10, 2003; Alliance Legislative Report 93-24, Illinois Statewide School Management Alliance, July 10, 2003; and Governor’s press release, July 9, 2003.

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Head Start leader decries Bush plan to overhaul program

President George W. Bush announced July 7 that he will seek major changes in the Head Start program for poor children, including a new academic focus and provisions giving states the power to help determine program specifics and financing.

The President said he supports a House bill (H.R. 2210) that would establish a pilot program to allow up to eight states to take over the Head Start program and combine it with their existing state preschool programs. Studies have shown Head Start is effective in readying poor children for school, but Bush said he wants it to show evidence of academic progress for each child, as well.

While acknowledging that the 38-year-old program is "working O.K.," Bush said "we want better than O.K. in America. We want excellence."

Bush’s plans were denounced by the executive director of the Illinois Head Start Association, Marge Stillwell. "We feel strongly this is one of the first moves to dismantle the program," she said.

Stillwell said the program has already begun to emphasize academics, and the move to give states control—without the need to follow program guidelines, obtain parental involvement, or undergo program monitoring—would mark the beginning of the end. "Head Start funding could end up as part of the funding for other state programs," Stillwell said.

Sources: The New York Times, "Bush Seeks Big Changes in Head Start," July 8, 2003; IASB telephone interview with Marge Stillwell, Executive Director, Illinois Head Start Association, July 8, 2003.

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A rise in obesity among children may help to explain a July 1 announcement by Kraft Foods Inc. that it will reformulate many of its food products, end its school marketing efforts and take other steps to improve product nutrition for children. Industry observers said the move—which could take up to three years to complete and won’t begin until 2004—may be in response to fears that the current rise in childhood obesity could engender widespread lawsuits against the food industry (July 1, Reuters) … State Superintendent of Education Robert E. Schiller appointed the three members of the Financial Oversight Panel for Venice CUSD 3 (Madison County) on July 3. The panel will help develop an emergency assistance and recovery plan for the financially struggling school system. By law, the state financial panel has the power to approve or disapprove spending decisions of the District 3 school board (July 3, ISBE Press Release).

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THE NATIONAL SCENE

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Movement encourages kids to walk to and from school

Only about 10 percent of American children walk or bike to school, yet more than 66 percent did so 30 years ago, according to the Centers for Disease Control and Prevention.

With childhood obesity on the rise, this long-term trend may be reversing in more than 50 U.S. cities and municipalities where officials are trying to get children out of van pools and cars and onto local sidewalks. In pursuit of that goal, many localities have been faced with the need to improve the safety of their walkways and intersections to accommodate more children.

Roughly 175 children are killed by motor vehicles each year while walking or riding bicycles between home and school, according to a recent Transportation Research Board report. Kids encounter their highest casualty rate per mile when they are on bicycles. Kids on foot have the second highest casualty rate.

In some localities tax revenue is needed to build speed bumps, extend curbs or install sidewalks or new walk signs that indicate how many seconds pedestrians have left to cross the street. Fortunately the federal government has set aside $15 billion for traffic safety over the next six years, nearly double the expenditure level of the recent past.

With all that new money available, walk-to-school programs are gaining momentum from parents and teachers concerned about a childhood obesity epidemic. Studies show 13 percent of kids between 6 and 11 are overweight.

Some of the local projects underway nationally are based on a program long used in Chicago city schools, where gang crime is sometimes the biggest threat to children. Safe Passage/The Walking School Bus involves a convoy of parents shepherding their kids to school.

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Philadelphia’s bold teacher recruiting program working

For years the Philadelphia school district has been beset by teacher vacancies. But when the district presented a new teacher welcome center on June 5, officials said an assertive new strategy to attract and keep teachers was producing early results. The Philadelphia district seeks as many as 600 teachers and has received more than 800 applications already.

Many of the applicants were literacy interns – college graduates who work for the district while studying to become certified teachers. Now they are ready for the classroom. The program, especially attractive to professionals changing careers, pays between $32,000 and $36,000 to assist in elementary grades. The district is recruiting experienced teachers nationwide, advertising in California and other areas where the economy is forcing schools to hand out pink slips.

Source: The Philadelphia Inquirer, "Center caters to future teachers of Philadelphia," June 6, 2003.

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NEWS FROM IASB

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Resolution proposals aim to create new IASB policies

June 25 was the deadline for submission of IASB resolutions for 2003. Thus far, IASB has received 13 resolutions from seven different divisions.

The resolutions committee will meet August 15 in Oak Brook to make recommendations on each of the resolutions. Listed below by subject matter are 2003 resolutions and the school districts that submitted them.

1. Sweatshop-Free Goods
Submitted by: Sycamore C.U. Dist. 427

2. Changes in School Accounting Practices
Submitted by: Washington C.H.S.D. 308

3. Election of Officers
Submitted by: Sycamore C.U. Dist. 427

4. Arson in Schools Penalty
Submitted by: Consolidated High School Dist. 230, Orland Park

5. Equalized Assessed Valuation
Submitted by: Jasper County C.U. Dist. 1

6. No Child Left Behind Act [IASB to work to repeal or revamp]
Submitted by: Bradley Dist. 61

7. No Child Left Behind Requirements [IASB to push for sweeping changes]
Submitted by: Community Consolidated Dist. 93, Bloomingdale

8. Pension Code Language
Submitted by: Indian Prairie C.U. Dist. 204, Naperville

9. Non-Partisan Election
Submitted by: Indiana Prairie C.U. Dist. 204, Naperville

10. Non-Residential Property Tax Revenues
Submitted by: Benjamin Elementary Dist. 25, West Chicago

11. Prairie State Achievement Examination [To push to make passing the exam a requirement for high school graduation]
Submitted by: East Peoria C.H.S.D. 309

12. Sales Tax Revenue [IASB to push for its use as a source of school funding]
Submitted by: East Peoria C.H.S.D. 309

13. Compulsory School Attendance Age [IASB to push to extend it from age 16 to age 18]
Submitted by: Rock Island Dist. 41.

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DEVELOPMENTS IN SCHOOL LAW

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U.S. Supreme Court allows use of race as a factor to achieve diversity

Should your district seek racial and ethnic diversity to further its educational mission? The U.S. Supreme Court gave school officials who answer affirmatively some important guidance in its decision upholding the admission program at the University of Michigan Law School. Grutter v. Lee, No. 02-241, US Supreme Court (6-23-03). The Grutter decision is relevant when school boards seek to promote diversity as they adopt admission programs for magnet schools, consider transfers among buildings, draw boundary lines, or take other creative approaches.

In addition to focusing on applicants’ academic ability, the Law School admission program allowed admission officers to consider "students from groups which have been historically discriminated against, like African-Americans, Hispanics and Native Americans who without this commitment might not be represented in our student body in meaningful numbers." The Law School attempted to enroll a "critical mass" of underrepresented minority students in order to ensure their ability to make unique contributions to the character of the Law School. Each applicant was individually evaluated and given consideration as to the ways he or she might contribute to a diverse education environment. No mechanical or predetermined diversity "bonuses" based on race or ethnicity were given.

Whenever the government treats any person unequally because of his or her race, that person has suffered an injury that falls squarely within the purview of the Constitution’s guarantee of equal protection. Thus, a reviewing court analyzes racial classifications using strict scrutiny; that is, the court scrutinizes the classification to determine if it is narrowly tailored to further a compelling governmental interest. Here, the Court found that the law school’s admission program survived the strict scrutiny test because it had a compelling interest in attaining a diverse student body and the admission program was narrowly tailored to further that interest.

Even in the limited circumstances when using race is permissible, the government’s options are still limited – it must choose a means that is specifically and narrowly framed to accomplish that purpose so as to leave no possibility that the motive for the classification was illegitimate racial prejudice or stereotyping. School officials already know some of the prohibited means for attaining diversity. For example, racial balancing as well as using a quota or set-aside system is unconstitutional.

The University of Michigan’s undergraduate admission program used racial preferences to achieve diversity. This means to achieve diversity (i.e., racial preferences) was rejected by the Supreme Court. Gratz v. Lee, No. 02-516 (6-23-03).

The university evaluated applicants’ scores, grade point average, high school quality and curriculum strength, any unusual circumstances, geographical residence, and alumni relationships. These factors were combined to produce a score that was placed on a guideline table. Applicants received extra points for being a member of underrepresented ethnic minority.

The Supreme Court rejected this admission program even though the university’s interest in achieving diversity was a compelling government interest. The admission program was unconstitutional because its use of race was not narrowly tailored to achieve diversity. Indeed, the program automatically distributed points to every underrepresented minority applicant making the factor of race decisive. No consideration of each applicant occurred.

School boards now have more guidance than ever regarding the use of race to achieve diversity. Working with the district’s attorney, boards can use this guidance when seeking to promote diversity as they adopt admission programs for magnet schools, consider transfers among buildings, or draw boundary lines. Other applications for these guidelines regarding the use of race to achieve diversity will become more apparent as thinking on the Court decisions continues. The choice on whether to use racial and/or ethnic diversity to further the district’s educational mission, however, is one for the local school board, absent a binding court order.

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ILLINOIS SCHOOL DISTRICTS

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State Board sets criteria for ‘highly qualified’ teachers

The Illinois State Board of Education has adopted the Illinois criteria for meeting the requirements of the federal No Child Left Behind Act of 2001 (NCLB) for highly qualified teachers.

NCLB requires that all teachers of core academic subjects be highly qualified by the end of the 2005–2006 school year. NCLB distinguishes between new and current, or veteran, teachers. "Current" teachers are those who were first certified in Illinois on or before June 30, 2002. The new Illinois criteria require that current teachers hold a valid certificate for the grade level of assignment and meet one of the following five options:

1. Pass the Elementary/Middle Grades Test or the subject-area test for their area of teaching responsibility.

2. Have a major, or coursework equivalent to a major, in the area of teaching responsibility.

3. Have a master’s degree or other advanced degree or credential in the area of teaching responsibility.

4. Be certified by the National Board of Professional Teaching Standards in the area of teaching responsibility.

5. Have an endorsement, or its coursework equivalent, that is sufficient to meet the Illinois minimum requirements for the area of teaching responsibility; have teaching experience in the area of teaching responsibility; and have engaged in continuing professional development in the area of teaching responsibility.

Last September the State Board approved a draft definition of a highly qualified teacher. That definition has been revised based on subsequent guidance from the federal Education Department. Some highlights of the new criteria:

• Middle grade teachers have several options for being considered highly qualified.
• Elementary certificate holders who pass the Elementary/Middle Grades Test are highly qualified, as are secondary certificate holders who have demonstrated subject-area competence through a subject-area test, coursework, or advanced degrees in the area of teaching assignment. In addition, middle grade teachers in a departmental setting may be highly qualified by holding the middle grade endorsement or its coursework equivalent.
• Holders of provisional certificates based on an out-of-state certificate will be considered to be highly qualified. Holders of Transitional Bilingual Certificates (Type 29) are considered to be highly qualified if they hold a major or pass a subject-area test, participate in a program that provides induction/mentoring/ professional development, and are continuously enrolled in a program to fulfill state requirements for certification at the early childhood, elementary, secondary or K–12 level.

To access the specific requirements of the new criteria, visit the Web site at http://www.isbe.net/nclb/pdfs/highly_qualified_teacher_criteria.pdf.

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New requirements take effect for administrator renewal

New certificate renewal requirements for public school administrators became effective July 1, 2003.

An ISBE Web site offers information on this topic to help administrators understand the new requirements and begin the process of meeting them. For further information visit the Web site at http://www.isbe.state.il.us/recertification/certificate_renewal.htm.

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LEGISLATIVE ACTION

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Gov. Rod R. Blagojevich recently signed two bills identified by the Illinois Statewide School Management Alliance as being of high interest to school leaders:

Low-income student count, SB 744 The concept of this bill began as HB 430 (Miller, D-Calumet City), and originally provided that the "Low-Income Concentration Level" is the low-income eligible pupil count from the most recently available federal census or the low-income count determined by the State Department of Human Services (DHS), whichever pupil count is greater. The bill was amended in the Senate to provide that only the DHS count would be used, and the change would be phased in over four years. This should drop the FY ’04 cost of the bill from over $300 million, to $27.5 million, according to the Alliance. While that bill was not called for a vote, its contents were amended onto SB 744, which was approved and signed into law by the governor on June 20 (P.A. 93-21).

Mandate in regard to sex education, HB 2298 (Coulson, R-Glenview) requires sex education materials and instruction to advise pupils of the provisions of the Abandoned Newborn Infant Protection Act. The bill was approved by both chambers and signed into law by the governor on July 2, making it P.A. 93-88.

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FEDERAL UPDATE

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U.S. Supreme Court upholds Children’s Internet Protection Act

In a June ruling that could prompt school officials to review their Internet policy and procedures, the U.S. Supreme Court recently upheld the public library provisions of the Children’s Internet Protection Act (CIPA). The 2001 law is designed to protect children from exposure to online pornography at public schools and libraries.

The constitutionality of CIPA provisions applying to public schools has largely gone unquestioned. But the American Library Association had recently challenged the law’s provisions applying to public libraries as being in violation of the First Amendment.

Under CIPA, public libraries receiving federal funds must use Internet filters to block access to pornography. The American Library Association argued that the limitations inherent in filtering devices would require public libraries to restrict patrons’ access to a substantial amount of protected speech. The U.S. Supreme Court, however, disagreed and upheld CIPA’s constitutionality.

As a reminder, in order to receive funds under the Elementary and Secondary Education Act for computer purchases and Internet access, a school district must have an Internet safety policy. CIPA requires schools to have an Internet safety policy in order to qualify for universal service benefits and discounts under the Communications Act. In addition, CIPA requires schools to use a filtering device that blocks entry to visual depictions that are (1) obscene, (2) pornographic, or (3) harmful to minors (children younger than 17 years of age). Finally, CIPA requires schools to monitor the use of filtering devices and online activity of students.

The IASB sample policies and administrative procedures accomplish these tasks. Policy 6:235, Access to Electronic Networks, contains a section on "Internet Safety" and requires each district computer with Internet access to have a filtering device. The relevant administrative procedures and exhibits also address Internet safety.

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High Court recognizes value of diversity in public education

June 23 rulings by the U.S. Supreme Court in a set of University of Michigan affirmative action cases are supportive of local school boards that use race as a factor to create diversity and ensure opportunities for minority students. That is, as long as the affirmative action plans are narrowly tailored like the university’s plan, according to Anne L. Bryant, executive director of the National School Boards Association.

The Court upheld the university’s law school program, stating that diversity is a compelling state interest and that the law school’s plan was narrowly tailored. The Court reversed the undergraduate affirmative program that gave 20 extra admission points to underrepresented minorities, concluding that it was not narrowly tailored. In the decisions, the Court emphasized the importance of making "individualized considerations" and using race only as a plus when considering applicants. According to Anne Bryant, NSBA is encouraged that the Court recognized in both cases the value of diversity in public education.

NSBA joined 10 organizations in filing a friend of the court brief (available at www.nsba.org) asking the U.S. Supreme Court to support the University of Michigan’s affirmative action practices in Gratz v. Bollinger and Grutter v. Lee. The 11 organizations, each of which is involved in elementary and secondary education, urged the court to uphold earlier decisions that support the creation of a diverse learning environment for all students.

"To ensure that all children receive a high-quality education, state and local education officials must have the authority to promote the essential educational benefits of diversity, including racial and ethnic diversity, in a school’s student body," Bryant said.

Bryant noted that minority children still face persistent inequities in K-12 education, including gaps in funding and opportunities that have led to further gaps in achievement. She cited several studies that point to increased segregation in public schools over the past 15 years.

"Diversity, including racial and ethnic diversity, is a vital tool for ensuring a complete educational experience," Bryant said. "The playing field is far from level, and it is certainly within the proper role of public school boards to do what they can to right these imbalances and take direct action, including considering race, to provide opportunities to minority students."

Even though K-12 schools were not specifically involved in this case, the constitutional issues under consideration by the Court could have impacted the authority of elementary and secondary schools to create diverse education environments for students, said Julie Underwood, NSBA’s general counsel.

"Clearly this decision supports similar actions of local K-12 school boards," Underwood said. "The establishment of a diverse student body in elementary and secondary schools promotes several core educational benefits for all students that can be sufficiently compelling to justify limited race-conscious policies."

For more information, contact Linda Embrey, Office of Public Relations, National School Boards Association; phone 703/838-6737 or fax 703/548-5516 or e-mail lembrey@nsba.org.

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WORKSHOPS & MEETINGS

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Nation’s premiere school technology meeting set

For 16 years the National School Boards Association’s original Technology plus Learning Conference — known as T+L — has helped school leaders write technology plans, understand connectivity, and get excited about new possibilities. Now NSBA says it’s time to focus on the goal of increasing student achievement.

NSBA’s 2003 education technology event, "T+L2," will be held October 22-24 in Anaheim, California. "T+L2 gives you tools and strategies to best use the technology woven through the fabric of today’s schools. New programming focuses on best practices and proven solutions for teaching and learning, assessment, and achievement," according to event sponsors.

T+L2 will include world-class speakers and the latest technology in more than 350 exhibits of products and services. Attendees can choose from dozens of workshops and roundtables organized into strands to help focus on issues of relevance to school leaders. What’s more, an Education Excellence Fair will demonstrate what’s working today, and a Facilities Design Display will showcase the schools of tomorrow.

For more information, visit NSBA’s Web site for the event at: http://www.nsba.org/t+l/.

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LEGAL F.A.Q.

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How well do you know Illinois school laws?

Q: What is the distinction between "school board powers" and the powers of a school board member?

A: A school board has powers set forth in the law. A school board member acting as an individual has none of those powers.

Q: May a school board member acting alone exercise powers granted to a school board?

A: A school board may act only at a legal meeting when a quorum is present and after a requisite number of "yea" votes is counted on a properly presented and seconded motion on an issue properly within the powers of the board.

105 ILCS 5/10-12

Source: Illinois School Law Survey, Seventh Edition, by Brian A. Braun, IASB, March 2002, Chapter 2, questions 2:135 and 2:140; for more information contact the IASB publications department at 217/528-9688, ext. 1108.

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IASB ARCHIVES HOME

Illinois Association of School Boards

2921 Baker Drive
Springfield, Illinois 62703