Legislature weighs mandate for board training
As state legislators weigh proposals aimed at enacting new accountability requirements for school board members, IASB lobbyists have become concerned about what they call "unfunded mandates" contained in some of the proposals. Thus the lobbyists have begun asking Association members to communicate with legislators about these accountability measures.
A "Call to Action" was sent out by IASB lobbyists on June 28 to the Association's members. It states: "Illinois legislators have been more focused than ever on legislation that would provide a significant infusion of revenue to schools across Illinois. However, discussions of additional revenue include implementation of additional programming, audits, ethics and mandated school board member training, all under the heading of ‘accountability.' The program of most concern to your Association in these discussions is any attempt to impose an unfunded mandate requiring school board member training."
The document also points out that IASB was created just for the purpose of board member training and has been providing exemplary training programs for school board members for 94 years.
"Your school district, through their participation in the IASB Delegate Assembly, emphasized concern over mandated school board member training in 2005 in response to proposed legislation. We've continued to promote this position with legislators on your behalf. However, it's time for local school board members to act!"
The push for mandatory school board training apparently arose from a report released this spring by the Metropolitan Mayors Caucus, which called for providing training on such matters as superintendent evaluation, roles and responsibilities, finance, budgets, ethics, school law and student achievement. Support for the concept has since been provided by the Daily Herald in suburban Arlington Heights, which published a May 7 editorial stating: "When the biggest bite of your property tax bill goes to school districts, taxpayers deserve to know that the board members they've elected have received the proper training."
But IASB lobbyists say that training proposals containing unfunded mandates are problematic for schools. They note:
To date school board member training proposals have taken the following forms:
The letter also explains how board members can contact their lawmakers and offers helpful talking points for conversations or correspondence. To read the full letter, visit the IASB Web site at: http://www.iasb.com/pdf/calltoaction.pdf .
Member districts submit 14 resolutions to set policy for Association
On page 4 are the proposed policy-setting resolutions for IASB that school boards have submitted for consideration at this year's Delegate Assembly. It is possible that some proposals could be withdrawn before the resolutions committee meets in August; that might happen, for example, if the legislature has already adopted a law meeting the resolution's objectives (as appears to have already happened in a few cases). The committee will meet to make recommendations on the final list of resolutions.
The list of proposed resolutions, including sponsoring district (and IASB division) currently includes:
Resolution #1, Strobe lights on school buses, Greenfield CUSD 10 (Two Rivers) Support legislation allowing school buses to use all external and safety devices.
Resolution #2, Financial revenue for schools, CCSD 89 Glen Ellyn (DuPage) Study alternate forms of financial revenue for public school infrastructure needs.
Resolution #3, Property tax extension limitation law, Mattoon CUSD 2 (Illini) Support PTELL without any sunset provision.
Resolution #4, Student residency, Freeburg CCSD 70 (Southwestern) Support legislation to allow students enrolled who have become non-residents to attend school as non-resident , tuition-free until the end of the school year.
Resolution #5, Gifted and talented children, Morton CUSD 709 (Central Illinois Valley) Support legislation for new monies for differentiated instruction for those students identified as gifted.
Resolution #6, Notification of general state aid, United THSD 30, East Moline (Blackhawk) Support legislation calling for timely notification (prior to June 30) of general state aid.
Resolution #7, Consolidation, Barrington CUSD 220 (Lake) Support legislation to promote consolidation of school districts into unit districts.
Resolution #8, State-mandated exam, East Peoria CHSD 309 (Central Illinois Valley) Support legislation to allow school districts to include state-mandated exam in its graduation requirements.
Resolution #9, School board member conflict, East Peoria CHSD 309 (Central Illinois Valley) Support a change in law to prohibit a person from serving on a board by which he/she is employed or which serves a school district where the person is enrolled.
Resolution #10, Property tax cap expiration, East Peoria CHSD 309 (Central Illinois Valley) Reaffirms Position Statement 2.40 to create a four-year sunset.
Resolution #11, All-day Kindergarten, Wheaton Warrenville CUSD 200 (DuPage) Encourage legislature to consider proposals for all-day kindergarten or universal pre-school when those proposals are linked to school construction grant program.
Resolution #12, Early childhood programs, East Richland CUSD 1 (Wabash Valley) Support full funding of early childhood programs operated by public schools as a priority.
Resolution #13, Residency-regional superintendent, Dallas CUSD 336 (Western) Allow a district losing a student to another district to appeal the residency question to the regional superintendent.
Resolution #14, Election change, CCSD 93 Bloomingdale (DuPage) Promote legislation to change election days from Tuesdays to Saturdays.
The annual Delegate Assembly is IASB's major policy-setting mechanism for the Association. It consists of delegates chosen by IASB member boards to represent them, with each board entitled to send one delegate to the assembly. The delegates gather at the Association's annual conference to vote on resolutions submitted by member districts in order to establish policies that set the direction for IASB in the year ahead.
Deadline to apply for waivers from burdensome mandates is August 10
Applications for waivers from School Code mandates – such as modifications to administrative rules, or school calendar mandates – to be decided this fall must be sent to the state by Aug.10. Applications must be sent to the Illinois State Board of Education to be included in the Fall 2007 Waiver Report to be submitted to the legislature by Oct. 1.
A school district may request a waiver or modification of the mandates of state laws or regulations when the district demonstrates it can meet the intent in a "more effective, efficient, or economical manner or when necessary to stimulate or improve student performance." If the state board fails to disapprove a request, that request is deemed granted. But even disapproved requests may be appealed to the legislature, which sometimes overturns the administrative ruling.
By law, waivers cannot be allowed from laws, rules, and regulations regarding special education, eligibility of voters in school elections, or teacher tenure, certification or seniority. Nor can waivers be granted pertaining to No Child Left Behind requirements.
If school leaders are applying for a modification of School Code mandates (such as legal school holidays), or a waiver or modification of rules, there is no postmark deadline. But approval must be obtained.
Applicants are encouraged to submit those petitions that address calendar issues to the State Board before the calendars affected by the requests are submitted for review. Under Public Act 93-1036, schools need to submit an amended calendar to their Regional Office of Education and have it approved before any calendar modification can be implemented.
Lawmakers amended Section 27-6 of the School Code a year ago, adding an exception to the daily physical education requirement for districts implementing block schedules. Districts no longer need to apply for or renew a modification of Section 27-6 in order to offer physical education to their students on a block schedule.
The Illinois Statewide School Management Alliance played a central role in pushing for the passage of the state waiver law, which took effect in 1995. The law requires an applicant board to hold the public hearing on a day other than the day of a regular board meeting. Applicants must provide written notification about the hearing to their state legislators as well as to their affected exclusive collective bargaining agent(s) and must publish a notice in a newspaper of general circulation.
Before beginning the waiver process, each applicant should carefully review requirements outlined in the "Overview for Waiver Process" found online at http://www.isbe.net/isbewaivers/html/overview.htm . For more information, visit ISBE's waiver information Web site at http://www.isbe.state.il.us/isbewaivers/default.htm .
Application forms and instructions for waivers and modifications are provided by the State Board or can be downloaded at http://www.isbe.net/isbewaivers/html/application.htm.
JCAR panel OKs new special ed requirements
The Illinois State Board of Education (ISBE) and the legislature's Joint Committee on Administrative Rules (JCAR) gave a green light in June to changes in regulations governing special education (Part 226). Requirements call for district administrators to complete plans by Jan. 1, 2009 for introducing a new approach to special education, known as Response to Intervention (RTI).
"The RTI-related requirements will not be difficult for school administrators to meet, and federal IDEA pass-through funds and state grants can be used to help put the plans into action," according to Tim Thomas, superintendent of the Northern Suburban Special Education District, who helped push for the state rules changes.
Key changes that ISBE and JCAR approved, and their impact on school boards are as follows:
Revised special ed rules to impact boards after 2008
As mentioned in the June Newsbulletin, Response to Intervention (RTI) aims to catch specific learning disabilities before students fall behind their classmates – an approach that could lead to a major change in the way special education is provided. RTI places primary emphasis on early intervention and puts reduced emphasis on psychological testing (mostly I.Q. tests) and other traditional tools of special education now being used to address student disabilities.
RTI is not a new idea. Some Illinois schools, and scattered schools around the nation, have been using bits and pieces of it for more than 10 years, but it appears to be spreading from elementary schools to middle schools and high schools, experts say. They stress RTI can be effectively used to address behavior problems, not just academic ones, and it is designed for providing interventions for students in regular classrooms as much as for students in special education.
In an RTI teaching model, teachers must monitor all students' progress with frequent short assessments, as often as twice a week. If a student makes sufficient gains, the teacher can move on to the next lesson. But if the student fails to respond to one intervention, different ones are tried before the school and parents decide that special education is necessary.
The ISBE-proposed rules pertaining to RTI are displayed in a document posted at: http://www.isbe.net/board/meetings/may07/part226.pdf . Key provisions of the new rules include the following requirements:
ISBE leaders met with representatives of several advocacy organizations in mid-June to discuss two issues in regard to the proposed new rules. Those two issues centered on:
1. concerns about delays arising from the use of a process to determine whether a student responds to scientific, research-based interventions as part of the evaluation procedures for identifying a specific learning disability;
2. concerns about moving from class size limits by category of disability to limits by percentage of time students are removed from regular education classroom, without any control on caseload or workload for special education teachers.
JCAR reconvened on June 19 and, with eight members present, voted (seven "yes" and one "present") to lift its objections to the new rules filing, contingent upon ISBE making specific modifications to address these two issues. ISBE indicates the new rules should be finalized within a matter of days.
For a copy of the rules visit: http://www.isbe.net/board/meetings/may07/part226.pdf
Pay hikes urged to add math, science teachers
More rigorous teacher training programs, higher starting salaries, and added support for first year teachers are some of the incentives needed to deal with a projected shortfall of more than 280,000 math and science teachers across the country by 2015, according to a group of business, foundation and higher education leaders.
Their recommendations are included in a report titled "An American Imperative," which was released on June 11 by the Business-Higher Education Forum, a Washington-based group organized to increase U.S. competitiveness. Its release was timed, according to the authors, to supplement the national debate on teacher quality and pay as Congress prepares to reauthorize No Child Left Behind, the Higher Education Act and the budget for the National Science Foundation.
The group's goal is to double the number of graduates in science, math, engineering and technology fields during the next 10 years. "But we can make little progress without tackling the teacher problem," said Brian K. Fitzgerald, president and chief executive of the forum.
According to the report, the quality of math and science teachers is the most influential variable in determining the success of a student in those subjects, but fewer talented math and science graduates are becoming teachers because they have many higher paying professional opportunities.
To make teaching a viable career choice, the report proposes a package of financial incentives, including scholarships, signing bonuses, loan forgiveness, housing subsidies and differential pay to teachers who work in high-demand subjects or those willing to work in high-poverty school systems, where shortages are being felt most acutely.
The proposal has been controversial, with some teachers unions worried that different pay scales would encourage discord among teachers.
The report is available at: http://www.bhef.com/solutions/anamericanimperative.asp .
High schools lack relevance according to expert
According to Willard R. Daggett, who leads a research organization called the International Center for Leadership in Education, each school district has its own culture or social DNA. What works in one community may not always work or be accepted in another.
Yet Daggett believes that there are common characteristics and strategies that separate the top performing schools from the majority of public schools, which he claims suffer from "being pretty good, or good enough."
"The majority of schools have built the ‘yeah, but' argument into their program," he said. It's the willingness to support a culture of change that begins the process of transforming good schools to great ones.
Once a school system has the willingness to change, it must proceed with an end in mind. And that doesn't mean increased test scores. "They are just the starting point; they are not the finish line," he told a crowd of several hundred school leaders at the "High School Challenge: Rigor + Relevance + Relationships = Results," June 14 and 15 in Bloomington.
What is lacking in many American high schools, Daggett said, is the relevance to get and keep students interested in their own education.
"We are teaching and testing knowledge, or the acquisition and assimilation of knowledge, but we are short on adaptation and application, and the skills needed in the real world."
Application is the use of acquired knowledge to solve problems, design solutions and complete work, making scholastic work similar to that done by adults outside of school. "Moving to higher relevance helps students retain their learning beyond the end of a chapter or completion of a test. And it begins with an integrative approach including two or more disciplines."
Working in this framework, he said, requires high levels of rigor and relevance as a forethought, not as an afterthought. That means teachers involving students in adaptation and designing lessons to facilitate that goal.
"Neuro research is exploding and we must use those studies to understand how today's students learn," he said.
Calling them digital learners, Daggett said today's students "toggle" information and can process much more at once than previous generations. "We're mistaking multi-tasking for Attention Deficit Disorder. Yet we use the same lessons and same curricula that have been used for generations. As a result, your high schools have become museums."
So what are successful high-performing school districts doing? According to Daggett, they share many of the following strategies:
Daggett said a large part of the blame for failing to change lies with teachers. "Who are teachers? They are the students who liked the discipline of knowledge and became teachers to do exactly the same thing. But today's kids are different; they think, act and look different. The world is different. Is it their job to respond to us, or is it up to us to respond to them?"
To create a climate for change, Daggett said that communities and school districts must have a sense of urgency or pressure to change. "We don't need to work harder; we need to be willing to change and work differently."
This was the second year for the conference, which also heard from New York University professor Pedro Noguera and State Superintendent Christopher Koch. Break-out sessions and roundtable discussions were also featured at the conference, which was co-sponsored by 18 members of the Coalition for Illinois High Schools.
National debate rages on how to reform NCLB act
As Congress continues to consider a reauthorization of the No Child Left Behind (NCLB) Act, a national debate is raging over how the act should be reformed. Since 2002, public school districts have been working to meet standards set by the federal act, the announced goal of which is to have all students in the nation performing at their grade levels in reading and math by the year 2014.
"We've been told we're really going to try to reauthorize NCLB this year. We've been holding hearings on it, but we really have not scheduled a markup of legislation,'' said Illinois Congressman Danny K. Davis (D-Chicago). "Chairman Miller in the House and Senator Kennedy both are desirous of reauthorization this year," Rep. Davis added.
But a decision on NCLB may not be made until 2008, according to Bob Schaeffer, director of the National Center for Fair and Open Testing. Some federal lawmakers have voiced a similar opinion – suggesting that Congress may do what it often does and put off any decision by extending the existing law.
Schaeffer's organization is one of 128 national education-related organizations that have submitted a complex set of reforms to be considered by Congress under an umbrella group called the Forum on Educational Accountability.
The forum seeks a replacement of what it calls an over-reliance on a single standardized test with more academic measurements. It's also asking for a replacement of "arbitrary" adequate yearly progress targets with targets based on the "rates of success actually achieved by the most effective public schools."
"Unfortunately, it's very hard for the public, parents, teachers, policymakers, media and independent researchers to know what these test scores mean," Schaeffer said.
Illinois State Superintendent Chris Koch said he expects the basic tenets of NCLB will remain unchanged as legislators look at reauthorizing the bill.
"We're seeing some improvement across the country for subgroups and students who before were not paid as much attention to necessarily," Koch said. "At the same time, we'll see some changes, which will be welcome."
Some states are experimenting with a growth model of assessment for special ed students, and Illinois has lobbied to be part of that effort.
"I would say definitely ... that's going to occur," Koch said. "It's more fair ... because all students don't learn at the same rate."
Koch characterized the law's goal of having 100 percent of students meeting or exceeding standards by 2014 as "ambitious ... but I don't know how realistic (it) has ever been. That's going to require a lot more flexibility in the law than there currently is."
He would like to see an infusion of cash for schools through the state budget, but he said that does not appear likely. He said there will be an increasing emphasis on math and on teacher qualifications, and he also expects to see changes in the assessment tools.
"The writers of NCLB are discovering that one size doesn't fit all in terms of how we assess students," Koch concludes.
Critics of NCLB say it encourages teaching to the test, teaching test-taking skills and limiting curricula to the teaching of reading, math and science at the expense of civics, history, career and technical education, music, art, physical education and health, which many believe are also essential to the success of graduates.
According to the National School Boards Association, local school boards want members of Congress to focus their immediate attention on three broad priority areas of concern: Assessments, AYP Measurement, and Sanctions. Lobbyists say states should have the option to implement the following proposed provisions:
Assessments:
AYP Measurement:
Sanctions:
For information about the Bush Administration's proposal for the reauthorization of the NCLB act, go to www.ed.gov/nclb/overview/intro/reauth/index.html . For information about NSBA's proposal for reauthorization of the NCLB act, visit http://www.nsba.org/site/doc.asp?TRACKID=&VID=2&CID=1886&DID=40322 .
Illinois ranks second in reliance on local revenue
Study finds Illinois' local taxpayer load nearly 60%
According to the latest study of revenues and expenditures for public elementary and secondary education, Illinois ranks second nationwide in reliance on local revenue.
The National Center for Education Statistics reported in April that approximately $487.8 billion was collected in revenues for public elementary and secondary education in the 50 states and the District of Columbia in fiscal year 2005 (FY 05), with the greatest percentage of revenues coming from state governments at $228.5 billion, or 46.9 percent of all revenues. Local revenue contributed $214.3 billion, or 44.0 percent of all revenues. The federal government's contribution was $44.8 billion, or 9.2 percent of all revenues.
In Illinois, the figures are dramatically different. Approximately $21.2 billion was collected in revenues, but the greatest burden was on local sources, which contributed $12.6 billion, or 59.5 percent of all revenues. State revenue amounted to $6.7 billion, or 31.8 percent, while the federal contribution was $1.8 billion, or 8.6 percent of all revenues available for Illinois public elementary and secondary schools.
In fact, only Nevada (at 65.3 percent) put a greater burden on local revenue than Illinois to fund public education.
Among the other select findings in the report on basic revenue and expenditure data:
*Nationwide, expenditures for public elementary and secondary education totaled $424.6 billion in FY 05, with $280.0 billion (65.9 percent) spent on instruction and instruction-related activities, $22.1 billion (5.2 percent) on student support services, $46.8 billion (11.0 percent) on administration, and $75.7 billion (17.8 percent) on operations.
Illinois expenditures closely mirrored the rest of the country. Expenditures totaled $18.6 billion, with the greatest share, $11.9 billion (64.0 percent), spent on instruction and instruction-related activities. State public elementary and secondary school districts spent $3.3 billion (17.7 percent) on operations, $2.2 billion (11.9 percent) on administration, and $1.1 billion (6.3 percent) on student support services.
* Expenditures per pupil for public elementary and secondary education nationwide were $8,701 in FY 05, including $5,737 on instruction and instruction-related activities on 48,794,911 students. Per pupil expenditures in Illinois were higher, at $8,896 in FY 05, including $5,696 spent on instruction and instruction-related activities for 2,097,503 students.
* In FY 05, U.S. public elementary and secondary education spent $259.6 billion on instruction, $147.6 billion on support services, $16.4 billion on food services, and $959.5 million on enterprise operations. These four expenditure functions accounted for 61.1 percent, 34.8 percent, 3.9 percent, and 0.2 percent of current expenditures for public elementary and secondary education, respectively.
In Illinois, $11.0 billion was spent on instruction, $1.1 billion on support services, $600 million on food services and zero on enterprise operations. These four expenditure functions accounted for 59.5 percent, 37.3 percent, 3.2 percent, and 0.0 percent of expenditures, respectively.
* Looking at the country's per pupil current expenditures for public elementary and secondary education in FY 05, instruction expenditures ranged from a high of $9,425 in New York to the lowest amount, $3,302 in Utah. Support services expenditures ranged from a high of $5,923 in the District of Columbia to a low of $1,593 in Utah.
Per pupil expenditures for instruction of $5,290 in Illinois ranked the state 23rd. Support services expenditures for Illinois public elementary and secondary education were $3,320, ranking it 14th nationwide.
* Current instruction and instruction-related expenditures on public elementary and secondary education in the U.S. totaled $280.0 billion in FY 05, with $190.9 billion spent on salaries and $58.5 billion spent on employee benefits.
Instruction and instruction-related expenditures in Illinois totaled $11.9 billion in FY 05, with $8.4 billion spent on salaries and $2.3 billion spent on employee benefits.
To read the entire report online, go to: http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2007356
Staff changes, additions announced to better serve IASB membership
The IASB Board of Directors' next quarterly meeting, Aug. 24-25 in St. Charles, is scheduled to include an evaluation of the executive director, a new board member orientation session, if needed, and an open house tour of the Association's Lombard offices.
A draft agenda for the August meeting shows the Board also will receive a membership report update showing that the number of member districts accounts for roughly 98 percent of all school districts in the state. That percentage is at or near the highest ratio of school district membership in the history of the Association.
The next meeting of the Board includes an annual retreat, as well. The Board's next meetings after that July retreat will take place at the Joint Annual Conference at the Hyatt Regency in downtown Chicago, on Nov. 15 and 18, respectively.
Help keep IASB member information up to date
IASB is appealing to member school districts to update Association membership records in order to ensure that new members or addresses will be added to the database. Send current information to IASB's Janice Kidd at ext. 1142.
Staff changes, additions announced
With an increasing number of requests for IASB services pouring in this year, and a resulting need for additional staffing, a number of staff changes have recently been announced.
Angie Peifer was promoted to Associate Executive Director to oversee the Board Development and Targeting Achievement Through Governance departments. Peifer had been school board development senior director. Cathy Talbert, Associate Executive Director, will oversee Policy Services and Field Services.
Judy Niezgoda has recently been promoted to Office Manager for the Lombard office of IASB from the post of field services administrative assistant.
Jeff Cohn joined the IASB staff as Director of Field Services, working out of the Lombard office. Jeff is now providing services to South Cook, West Cook and Three Rivers Divisions.
Donna Johnson, who had been providing services in those three divisions of the Association, has been reassigned full-time to developing and expanding current search services. Her new title is Director of Executive Searches.
The Association also recently hired a new Assistant Director of Governmental Relations, choosing Susan Hilton for that post. Hilton had been director of communications and policy at the Attainable Housing Alliance in Addison. She has been a registered lobbyist for the past five years, and has association experience.
Kimberly Small is transferring from the policy department to the Association's General Counsel's office. She will provide back-up to Melinda Selbee and take over much of the policy department's legal work.
One other recent IASB staff change involves publications staff associate Tammy Call, whose position was transferred from the communications to production services department.
For a complete list of IASB staff or to contact a staff member by phone or e-mail, visit the IASB Web site at: http://www.iasb.com/whatis/staff.cfm .
American public, educators in sync over changing NCLB law: Survey
A survey released on June 19 by Educational Testing Service (ETS) finds strong public support for reauthorizing the federal No Child Left Behind (NCLB) law. But "Standards, Accountability and Flexibility: Americans Speak on No Child Left Behind Reauthorization" also shows that teachers, school administrators and the American public want major changes in NCLB.
Congressional committees may act on a bill this summer that would reauthorize the law, said to be one of President Bush's biggest domestic accomplishments.
"The public is squarely focused on trying to fix, rather than just identify, schools that are struggling," said Allan Rivlin, a partner in Peter D. Hart Research Associates, one of the Washington-based firms that conducted the survey.
And Americans want to know "what do we do to help students, not what do we do to punish schools," said David Winston, the president of the Winston Group, the other firm that conducted the survey.
Key findings in the public opinion poll:
Overall, the ETS poll's findings suggest that Americans "support the underlying logic" of the NCLB law, said Rivlin.
The public likes that "it's not just about funding, and it's not just about accountability measures," Rivlin said. "It's both."
Boards can limit sharing of controversial opinions
by Kimberly A. Small, IASB's assistant general counsel
Does a school district violate a teacher's First Amendment right to freedom of speech by prohibiting a discussion about a teacher's opinion on a controversial issue during instructional time?
Earlier this year, the Seventh Circuit Court of Appeals gave a quick and unanimous answer in the case of Mayer v. Monroe County Community School Corporation, No. 06-1993 (7th Cir., 2007): No.
The facts center upon what a teacher stated while instructing a current events lesson about the Iraq war. The first year probationary teacher, Ms. Deborah Mayer, answered a student's question about whether she participated in a political demonstration. She answered that as she passed a demonstration against U.S. military operations in Iraq and saw a placard saying, "Honk for Peace", she honked her car's horn to show support for the demonstrators. Parents complained and the school's principal then wrote a memo clarifying that the district had chosen not to permit teachers to express their personal "stance on foreign policy" while instructing students.
When the school district did not renew Ms. Mayer's contract for a second year, she filed suit under 42 U.S.C. §1983. She alleged that the school system terminated her employment because she took a political stance during her instruction of a current events lesson, which she stated violated her First Amendment right to freedom of speech.
The U.S. district court granted summary judgment in favor of the school district. The court applied the balancing test of Pickering v. Board of Education, 391 U.S. 563 (1968) and found the school district's interest in non-disruption of the workplace outweighed Ms. Mayer's right to express her stance on foreign policy during instructional time. Ms. Mayer then appealed the U.S. district court's decision to the Seventh Circuit Court of Appeals.
But, before the Seventh Circuit Court of Appeals heard Ms. Mayer's appeal, the U. S. Supreme Court decided the case Garcetti v. Ceballos, 126 S. Ct. 1951, 1960 (2006). In Garcetti, the Supreme Court held that speech made pursuant to official duties is not protected by the First Amendment because such speech is not made as a private citizen for First Amendment purposes.
The Seventh Circuit Court of Appeals unanimously upheld the district court's ruling that the school district did not violate Ms. Mayer's free speech rights by terminating her for expressing a position about the Iraq war during instructional time. Instead of applying the Pickering balancing test as the district court had, the Seventh Circuit applied the Garcetti ruling, finding that Ms. Mayer's answer to her student's question was speech made pursuant to her official duties as an employee of the school district and therefore unprotected speech.
School officials should take note of the Seventh Circuit's reasoning that:
"[e]ducation is compulsory… Children who attend school because they must ought not be subject to teachers' idiosyncratic perspectives. Majority rule about what subjects and viewpoints will be expressed in the classroom has the potential to turn into indoctrination; elected school boards are tempted to support majority position about religious or patriotic subjects especially. But if indoctrination is likely, the power should be reposed in someone the people can vote out of office, rather than tenured teachers. At least the board's views can be debated openly, and the people may choose to elect persons committed to neutrality on contentious issues."
This holding is certainly not a surprise as the Seventh Circuit Court of Appeals has consistently held that school boards, as democratically elected bodies, retain local control over their curriculums. School boards should ensure that they provide committed neutrality on contentious issues through board policies to avoid the appearance of indoctrination. School officials should also set and communicate clear expectations regarding how employees may address contentious issues during instructional time. This holding is good for school officials; however, disciplining employees for speech made in the course of their employment should always occur with caution and consultation with the board's attorney as such cases are always highly fact specific.
Barry (June 8, Quincy Herald-Whig) The Western School Board, formed by the consolidation of the Barry and West Pike districts, agreed on June 3 to pioneer a trimester schedule, with five classes per day for high school students, when classes begin this fall.
Carpentersville (May 30, Elgin Courier News) The Carpentersville CUSD 300 Board of Education and administration will look to update academic standards and expectations under a strategic plan report presented during a recent board meeting.
Community and faculty members listened to a 90-minute presentation from consultants from the Rosemont-based ECRA Group, an education research and consulting company that recently surveyed local residents to find key areas for a five-year strategic plan.
Carpentersville (May 30, Elgin Courier News) While Carpentersville CUSD 300 plans to address several areas of a recent strategic plan in coming months, one area trumps them all, officials say. An advisory committee of parents, students and substance abuse counselors is being formed to combat the issue, namely student drug use.
Chicago (May 15, Chicago Sun-Times) Chicago District 299 spent $50 million in federal money on after-school tutoring for 56,000 students last year but test scores show only modest improvement. Tutored elementary students showed only slightly more gains in reading on state tests in 2006 than comparable kids who were eligible for tutoring but didn't get the extra help. There was a "negligible" gain in math.
Chicago (May 30, Chicago Sun-Times) For perhaps the first time ever, unionized schools in Illinois will engage in differential pay, beginning in the fall. An experimental merit-pay program will be introduced at 10 schools in Chicago District 299 under a $2.8 million federal grant. The program will pay teachers yearly performance bonuses of as much as $8,000, and higher-level teachers as much as $15,000 more to train, mentor and evaluate colleagues.
Chicago (May 30, Chicago Tribune) Plans for one new year-round school on Chicago's southwest side recently led parents and kids to walk out in protest on May 29. A year-round calendar is increasingly used by Chicago District 299 to deal with overcrowded classrooms in the city's fastest-growing neighborhood schools.
Crystal Lake (May 16, Chicago Tribune) Two Crystal Lake girls have been charged with a felony hate crime for making a flier containing derogatory statements about homosexuality and distributing them at a District 155 school.
Elgin (June 8, The Daily Herald) Some Elgin District U-46 elementary schools could be bursting at the seams in five years, while others may operate at just one-third capacity, according to a new report containing five-year enrollment projections. Minor boundary adjustments are suggested for the near future to reduce enrollment at schools nearing capacity.
Galesburg (June 6, The Register-Mail) Administrators announced they would grant diplomas after all to graduates who had their sheepskins withheld when audience members cheered them during the graduation ceremony. Galesburg District 205 graduating students and their families had signed contracts acknowledging a school policy to maintain decorum during the graduation ceremony.
Gurnee (May 15, The Daily Herald) A Lake County political activist has an idea about how Warren Township High School in Gurnee can generate more revenue without raising all residents' taxes: A $750 student fee to cover the district's $3 million annual deficit. But Board President John Anderson, of Warren THSD 121, Gages Lake, said several student fees are already in place.
Ingleside (May 31, Chicago Tribune) Big Hollow District 38 officials recently voted to cut lunch, gym, recess, the arts and extracurricular activities, among other programs. But the Lake County state's attorney's office told school officials that the board's May 21 vote was improper because the board took final action on an issue that was not posted on its meeting agenda.
Maple Park (May 31, The Beacon News) Kaneland CUSD 302 recently announced plans to put eighth-graders at the high school for two-thirds of their school day next year in order to combat overcrowding at the middle school.
Marseilles (May 26, The Times, Ottawa) NCLB appears to be forsaking Marseilles ESD 150 because outdated 2000 Census data is being used to calculate NCLB funds. The Census lists only 60 low-income students, and the number will remain at 60 until totals from the 2010 Census arrive. Yet 40 percent of the district's almost 600 students qualify for free or reduced lunches, another measure of low-income counts. Officials blame the Census' inability to account for people who live in two school districts at once. The miscount hurts with state aid and government grants.
Purchasing network marks second anniversary
ISBE announced recently that since its inception two years ago the Illinois School Purchasing Network (ISPN) has saved local districts over $2 million. More than 600 Illinois school districts have joined so far.
Through the Network shared services initiative, ISBE partners with U.S. Communities, a national, not-for-profit governmental purchasing cooperative.
More information about the Illinois School Purchasing Network can be found online at: http://www.isbe.net/savings
State Board sponsors fine arts program for homeless kids
Six family homeless shelters throughout Illinois will participate in an in-shelter fine arts education pilot program this summer for elementary and middle-school homeless children.
The Summer Camp in the Shelter program is designed to allow homeless students in kindergarten through eighth grade an opportunity to learn about the fine arts in an engaged and fun atmosphere. To ensure success in the program, each participating shelter has received an artworks curriculum, curriculum CDs and video tapes, numerous books, and supplies. The program is funded by a federal grant.
The participating shelters are: Salvation Army Harold Rust Transitional Shelter in Pekin; Salvation Army Family Shelter in Peoria; Good Samaritan Shelter in Granite City; The Lighthouse Shelter in Marion; A Safe Place in Zion; and Lazarus House in St. Charles.
Additional information on homeless education issues can be accessed at http://homelessed.net or by calling the Illinois State Board of Education Information Hotline at 800-215-6379.
District changes take effect on July 1 in consolidations
Recent school district consolidations taking effect on July 1 will bring the school district count in Illinois to 869. Of these, a total of 852 school districts are members of IASB, which means there are just 17 non-member districts, and fully 98 percent of all districts belong to the Association.
The latest list of school district Consolidations and Annexations includes:
Three districts face rare conversion from K-12 status to K-8
District realignments include an unusual "conversion." In what is apparently a first-time-ever event, three K-12 districts are being converted into K-8 districts, and a new high school district is being created to accept students from the three K-8 elementary districts. The new high school district is called Illini West High School District 307.
The three districts facing "conversions" are as follows:
The new district is located in Hancock County in IASB's Western Division.
August 17-18 – Basics of School District Governance Workshop, IASB Lombard, 1 p.m. - 5:30 p.m., Friday; 8 a.m. - 3 p.m., Saturday
August 24-25 – IASB Board of Directors Retreat, Pheasant Run Resort, St. Charles
August 25 – IASB Board of Directors' Meeting, Pheasant Run Resort, St. Charles
September 3 – Labor Day
September 6-7 – ISBE Annual Superintendents Conference, Springfield Hilton
September 11 – Wabash Valley Division Fall Dinner Meeting, Jasper Co. CUSD 1, Newton, TBA
September 13 – Rosh Hashanah
September 19 – Professional Advancement Seminar: Seeking the Superintendency, Route 66 Hotel & Conference Center, Springfield, Registration - 9 a.m.; Seminar - 9:30 a.m. - 3 p.m.
September 20 – Professional Advancement Seminar: Seeking the Superintendency, IASB Lombard Office, Registration - 9 a.m.; Seminar - 9:30 a.m. - 3 p.m.
September 22 – Yom Kippur
September 27 – Illini Division Fall Dinner Meeting, Westville CUSD 2, TBA
September 27 – Southwestern Division Fall Dinner Meeting, Collinsville CUSD 10, 6 p.m.
This newsletter is published monthly by the Illinois Association of School Boards for member boards of education and their superintendents. The Illinois Association of School Boards, an Illinois not-for-profit corporation, is a voluntary association of local boards of education and is not affiliated with any branch of government.
James Russell, Director of Publications
Gary Adkins, Editor
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