- School board election is April 13
- State Superintendent Spagnolo resigns, effective August 31
- Now accepting nominations and applications for Illinois State Superintendent of Education
- Illinois State Board of Education holds focus groups around state
- State Board initiates search, appoints interim State Superintendent
- Districts must name ethics officer
- Violent tendencies indicated by risk factors
- Help homeless children and youth get to school
- RESEARCH REPORTS
- Study suggests why Japanese schools succeed
- Students may benefit from sleeping in
- Education is voters' top priority
- Education leaders make human relations errors most often
- Teens want to help others
- TOOLS FOR SCHOOLS
- Free resource teaches about conversing with the deaf
- Spirit of Community Awards planned
- New directory of social service grants is published
- Lincoln Trails Libraries awarded grant for Illinois Parent Information Network
- THE NATIONAL SCENE
- Board members may join discussion group
- Districts roll out the red carpet for prospective teachers
- WORKSHOPS & MEETINGS
- "Briefing for decision makers" scheduled
- Illinois ASCD fall conferences set
- NEWS FROM IASB
- IASB fall division dinner meetings—1998
- DEVELOPMENTS IN SCHOOL LAW
- Recent mailings from IASB
- Classified Ads
School board election is April 13
School board membersand board secretaries, in particularneed to reorient
themselves. School board elections previously held in the fall will now be held in the
spring. And election duties conducted in the spring are now shifted to the fall.
Legislation enacted last year abolished the nonpartisan election in November of
odd-numbered years, which has been the normal time for electing school board members.
Starting in 1999, Illinois school board elections will be held at the consolidated
election, which ordinarily is the first Tuesday in April of odd-numbered years. However,
the consolidated election in 1999 will be on the second Tuesday in April, because the
first Tuesday conflicts with Passover.
Among other things, the shift in election dates means candidates must gather signatures
on their nominating petitions in the winter and early spring rather than in the summer.
It also means candidates, including board members running for re-election, must file
their 1999 Statement of Economic Interests with the county clerk no later than February 1,
which is the last day for filing nominating papers with the school board secretary.
Nominating papers must include a county clerk's receipt for the economic interests
statement.
The shift in election dates also requires a reduction in the length of terms for board
members elected in 1999 and 2001. Board members who were previously elected to four-year
terms in 1995 must be allowed to serve until November, 1999. Members elected in April,
1999, will not be seated on the board until November. The same scenario recurs in 2001 to
accommodate board members elected in 1997.
Board members elected in 1999 and 2001 will have terms of less than four years,
therefore. They will be seated in November and their terms will expire in April
approximately 3 years and 5 months later.
Also, school boards will need to meet twice in connection with the electiononce
in April to canvass returns and declare winners and once in November to seat new members
and reorganize.
IASB will be sending packets of election information to school districts in early
October, which should be of particular help to the board secretary. In the meantime, here
is a calendar for general planning purposes:
Election duties and dates For the April 13, 1999 School Board Election
1998
November 3 - First day to circulate candidate nominating petitions.
1999
January 25 - First day to file nominating papers with the board secretary.
February 1 - Last day to file nominating papers with the board secretary.
February 7 - Last day for school board to adopt a resolution putting a public policy
proposition on the ballot.
February 11 - Last day for board secretary to certify board candidates and public
policy proposition to the election authority.
April 13 - Election day
April 20 - Last day for the school board to meet, canvass election returns and declare
winners.
November 3-9 - Time period during which school board must meet, seat members elected in
April, and reorganize by electing officers and setting a time and place for regular
meetings.
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State Superintendent Spagnolo resigns, effective August 31
State Superintendent Joseph Spagnolo submitted his resignation to the Illinois State
Board of Education in mid-July, effective August 31, 1998.
"I have accomplished what I was hired to do, to set the Illinois education system
on a course of change and reform that would result in improved student achievement,"
Spagnolo said.
"The State Board brought Joe Spagnolo to Illinois to make changes in the schools
and in the agency. He is a visionary and his ability to transform vision into reality has
restored Illinois' place as a leader in school reform and renewed our emphasis on teaching
and learning," said State Board Chair Louis Mervis of Danville.
"In light of Joe's personal wish to seek new challenges, we mutually agreed this
was the right time to make a change," Mervis said. "The board is ready to move
ahead with new energy to finish the work he has begun."
Since he became Illinois' fifth appointed State Superintendent in June, 1994, Spagnolo
has led efforts to establish the Illinois Learning Standards as the academic target for
all students and to design a state testing program, the Illinois Standards Achievement
Test. This test directly measures how well students are progressing toward the state
standards. Spagnolo's leadership was instrumental, as well, in helping successfully
integrate technology into the classroom in a growing number of schools.
Spagnolo also has pushed to improve the teaching profession by strengthening teacher
training, creating a new certification system and requirements, establishing teacher
standards, and expanding and redesigning continuing professional development for all
educators. And he initiated programs aimed at improving reading, and mathematics and
science.
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Now accepting nominations and applications for Illinois State Superintendent of
Education
The Illinois State Board of Education is seeking qualified applicants for the position
of Illinois State Superintendent of Education. Anyone who meets the desired qualifications
or knows someone who does is urged to apply or nominate a qualified candidate. Nominations
and applications will be accepted until the close of business on September 18, 1998. To
get a list of qualifications or submit an application or nomination, write to: The Bickert
Group, Ltd., 1340 Wilmot Road, Deerfield, Illinois 60015.
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Illinois State Board of Education holds focus groups around state
During the last two weeks of July the Illinois State Board of Education (ISBE) held
regional focus groups throughout the state to discuss objectives for hiring a new state
superintendent. These groups were facilitated by the Regional Office of Education and
IASB. A cross-section of citizens in various areas came together to respond to questions
posed by the ISBE prior to the start of a formal state superintendent search.
Each group met and brainstormed on four basic questions:
* What challenges will the Illinois State Board of Education face in the next several
years?
* What skills and competencies will the leader of the ISBE need to lead the agency in
meeting these challenges?
* What are the performance expectations to meet these challenges?
* How can we make the job attractive enough to draw a strong pool of candidates?
Among the constituents represented were superintendents, board members, parents,
business officials, legislators, principals, IASB, teachers, Regional Offices of
Education, higher education, business and civic groups, diversity advocates, the PTA,
special education, the Alliance, and other interest groups.
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State Board initiates search, appoints interim State Superintendent
A new State Superintendent of Education could be selected by October 22 as the result
of action taken July 17 by the State Board of Education (ISBE). The board also appointed
Robert Mandeville as Interim State Superintendent to begin running the agency September 1
and serve until the new leader is on board. Mandeville headed the bureau of the budget
under Governors Jim Thompson and Jim Edgar.
The board voted to accept the resignation of State Superintendent Joseph Spagnolo. The
Board put out a call for bids to hire a professional search firm and approved a search
schedule that begins immediately and would conclude in October unless a suitable candidate
cannot be found during that period.
In addition to appointing Mandeville, the board also appointed an Interim Management
Team. The team will report to Mandeville and, together with him, will be responsible for
managing the work of the agency and carrying out Board policies and directives. The team
is comprised of Lynne Haeffele, Lee Patton, Michael Hernandez and Kim Knauer, who will act
as the special spokesperson for the board.
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Districts must name ethics officer
Recently approved H.B. 672 (Cross, R., Yorkville) contains significant campaign and
ethics reform language that affects all state elected officials, including school board
members. One provision requires the school district to designate an ethics officer to
provide guidance and to review statements of economic interests and provide guidance to
members, officers and employees in the interpretation of the Act. The bill also creates
the State Gift Ban Act for all elected officials, which generally prohibits them from
receiving gifts.
The bill also provides that school board members may only accept gifts from employees.
School boards must prohibit the solicitation and acceptance of gifts in accordance with
the Act and adopt policies within six months of the Act becoming law. The governor is
expected to sign the bill.
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Violent tendencies indicated by risk factors
Certain risk factors offer strong evidence that children are at risk of committing
violent or delinquent acts. Thus school staff members should keep their antennae up when
they patrol school corridors for signs of students in distress and should refer students
to mental health services if emotional problems are found.
But just what are the risk factors to look for? The following information is excerpted,
with permission, from Helping Children at Home and School: Handouts from Your School
Psychologist, from the National Association of School Psychologists.
* One of the strongest predictors of delinquency and antisocial behavior during
adolescence is aggression; it signals criminal behavior in adulthood.
* In recent years there has been an increase in verbal disrespect by children of all
ages in society. When children do not have effective skills for coping with
verbal aggression, they may respond in ways that increase interpersonal conflict and
perhaps even endanger their safety. Some young people may physically fight back, resulting
in injury and the possibility of revenge and more fighting at a later time. Verbal
aggression increases at middle school level because many children react to the stress of
greater peer pressure and confusion about their identity by taking their anger out on
others.
* Stress in children is also a sign of potential problems. In young children it
may be difficult to distinguish from symptoms of minor illness. Be alert for signs of
irritability, nervousness, inattention, fearfulness, difficulties in adapting to change in
routine, etc.
* Depression and the associated risk of suicide increase significantly during
adolescence. When depression is severe, it interferes significantly with life activities
(school, social life, family relations, etc.) Symptoms of depression vary based both on
the individual personality of the child and on the child's developmental state. Be aware
that most of the following symptoms of depression are also characteristic of other
types of problems: depressed or irritable mood, with symptoms such as frequent
crying; loss of interest or inability to experience pleasure; physical
complaints, such as change in body weight or lack of appropriate weight gain or
growth; social withdrawal; agitation; misbehavior and discipline problems; low
self-esteem or feelings of worthlessness; difficulty in sleeping or excessive
sleep or fatigue; feelings of worthlessness or hopelessness; suicide attempts,
talk of suicide or self-injurious behavior; difficulty concentrating.
* Poor self-esteem has been associated with depression, suicidal ideas, low
academic achievement, susceptibility to peer pressure and delinquency. Some classroom
behaviors indicative of low self-esteem are: reluctance or inability to start new tasks
independently; resisting more challenging work or setting low achievement goals; frequent
negative self-statements; excessive criticism of others or possibly downplaying the
achievements of classmates; reactivity and dependence on external cues; easily influenced
by peers; very reactive to ups and downs of daily life. Failure can be devastating, even
on minor projects.
For more information, contact the National Association of School Psychologists,
4340 East West Highway, Suite 402, Bethesda, MD 20814; phone 301/657-0270. Or contact
the National School Safety Center, 4165 Thousand Oaks Blvd., Suite 290, Westlake Village,
CA 91362; phone 805/373-9977; website http://www.nssc.org.
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Help homeless children and youth get to school
Many homeless children are denied access to public education because of a lack of
school records, immunizations, proof of residency, or transportation. This violates
federal and state laws that protect the rights of homeless children. You can help homeless
families in your community become aware of their children's rights to a public education.
For a packet of informational materials, including the Illinois law, awareness posters,
and tips for helping homeless children succeed in school, please contact:
Opening Doors: Statewide Access to Education for Homeless Children and Youth, 1855 Mt.
Prospect Road, Des Plaines, IL 60018, Phone: 847/803-3535, Fax: 847/803-3231, E-mail:
kconrad@irc-desplaines.org, Web Site: http://www.lth3.k12.il.us/ openingdoors
Opening Doors is a statewide awareness initiative coordinated by the Adult Learning
Resource Center in partnership with Urbana School District 116 and Regional Office of
Education 26, funded by the Illinois State Board of Education under the Stewart B.
McKinney Education for Homeless Children and Youth Program.
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RESEARCH REPORTS
Study suggests why Japanese schools succeed
Why do Japanese students tend to outperform U.S. students in math and science? The
Third International Mathematics and Science Study undertook a case study of Japanese
schools and published its findings in June.
Among the key elements of the Japanese education system:
* The nation's Ministry of Education, Science and Culture produces national curriculum
guidelines that serve as a national standard.
* Teachers are generally required to be at school for at least eight hours a day.
* Elementary classrooms stress individual enrichment work through non-academic subjects
along with math and science lessons that emphasize thinking and discovery. Students spend
much time on art, music, physical education, and schoolwide events.
* Teachers believe all students are capable of succeeding and attribute differences in
achievement to family background and upbringing, not to innate ability.
* Highly competitive entrance exams stratify high school students into rigid structures
that determine their future career paths.
The full report, The Educational System in Japan: Case Study Findings, is
available on the Education Department's Web page: www.ed.gov
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Students may benefit from sleeping in
Initial results from the nation's largest experiment in basing school start times on
sleep research are promising.
Last year, the Minneapolis school board approved a plan to change the start time for
its high schools from 7:15 to 8:30 a.m.
The change was based on sleep research conducted at Brown University, which found that
teenagers who don't get enough sleep "are more irritable and are more prone to
depression, drug and alcohol abuse, and sexual activity," says University of
Minnesota professor Kyla Wahlstrom.
She notes that, before the start times were pushed back, high school teachers in
Minneapolis reported as many as 25 percent of students slept through their first two
classes.
Wahlstrom's preliminary findings show that the 8:30 a.m. start time for high school was
pretty well received by students and parents. Those least in favor of the change were
coaches and students involved in sports and other after-school activities.
The final study will examine whether the later start time had an effect on student
achievement.
To accommodate the district's busing system, starting high school later led to less
favorable start times for other schools. All middle schools and some elementary schools
started at 9:40 a.m., which meant some young, early-rising children "ended up
watching three hours of TV every morning and were already tired when they got to
school."
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Education is voters' top priority
The issue of most concern to U.S. voters is "improving education and the
schools," according to the results of a Washington Post-ABC News poll
announced July 14. When asked to assess the importance of various issues likely to
influence the November mid-term elections, 77 percent of those polled rated education as
"very important."
Among other issues of concern to voters, protecting the Social Security system was
cited as very important by 68 percent, handling the crime problem was cited by 68 percent,
overhauling the nation's tax system by 66 percent, and handling the nation's economy by 65
percent.
When asked which party they trust to do a better job in improving education, 52 percent
said Democrats, and 33 percent said Republicans. The rest do not think either party has an
edge or do not have an opinion.
Source: NSBA News Service, July 21, 1998.
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Education leaders make human relations errors most often
A study highlighted in ERIC Digest in June says most of the errors school
administrators make fall under the general heading of bad human relations. Researchers in
the study asked 375 Georgia students enrolled in graduate education programs to list and
rank the kinds of errors their administrators made.
Fifteen kinds of mistakes were uncovered: "poor human-relations skills, poor
interpersonal communication skills, a lack of vision, failure to lead, avoidance of
conflict, lack of knowledge about instruction/curriculum, a control orientation, lack of
ethics or character, forgetting what it is like to be a teacher, inconsistency, showing
favoritism, failure to hold staff accountable, failure to follow through, snap judgements,
and interrupting instruction with public-address-system announcements."
Lack of trust and an uncaring attitude were the behaviors most commonly associated with
poor human relations, researchers found. These two behaviors, furthermore, are said to be
related. In other words, if an individual believes that a supervisor doesn't care, a lack
of trust is probably present also.
The study, Mistakes Educational Leaders Make (1997), was conducted by Clete
Bulach, Winston Pickett, and Diane Boothe, associate professors at the State University of
West Georgia.
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Teens want to help others
The largest factor that will guide teenagers' working lives is "to help others who
need help," according to teens contacted in a new national survey.
That finding and other insights on today's teenagers are part of a national study of
2,000 high school students completed by Drexel University and reported by American
Demographics. Other findings:
* Thirty-nine percent of 15-to-17-year-olds say that becoming financially successful is
extremely important.
* More than half feel it is extremely important to be able to get along well with other
people at work, and 51 percent agree that it is extremely important to work well as part
of a team.
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TOOLS FOR SCHOOLS
Free resource teaches about conversing with the deaf
A new classroom resource from the Illinois Telecommunications Access Corporation (ITAC)
can be used to teach students how people who are deaf can talk with other people over
telephone lines.
Students in grades K-3 can also learn how to have phone conversations with people who
are deaf.
"Kids Talk" is a free resource for Illinois teachers that describes two ITAC
programsa TTY Distribution Program and the Illinois Relay Service. "Kids
Talk" shows how students can use the phone services to talk with neighbors and
classmates who are deaf through an activity book, instructions for hands-on and
small-group exercises and fun, colorful school items.
To request your free kit or for more information about ITAC call 800/841-6167 v/tty.
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Spirit of Community Awards planned
Each year the Prudential Spirit of Community Awards provide a unique opportunity for
young people to be recognized for community service. Sponsored by the Prudential Insurance
Company of America and the National Association of Secondary School Principals (NASSP),
the program was created to encourage volunteerism by identifying and rewarding young role
models.
Top high school and middle-school volunteers will be selected from every state, with
state winners receiving $1,000, plus a silver medallion and an all-expense-paid trip to
Washington, DC next May.
For further information, please visit the websites of the sponsoring organizations at
http://www. prudential.com/community or http://www.nassp.org:80/services.
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New directory of social service grants is published
Government cutbacks and changes in the welfare system have increased the demand for
more nonprofit support of social services. Schools and nonprofit organizations of all
kinds can help meet the demand.
That's where the Directory of Social Service Grants comes in handy, with roughly
1,100 foundation profiles. Each profile identifies verified areas of support, geographic
restrictions, grant range, and previously awarded grants. The book features a
state-by-state arrangement of foundations.
The cost of the Second Edition is $59.50 per copy plus $6 for shipping and handling.
The Directory can be ordered from the publisher: Research Grant Guides, Inc., Dept. 3A,
P.O. Box 1214, Loxahatchee, Florida 33470; phone 561/795-6129.
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Lincoln Trails Libraries awarded grant for Illinois Parent Information Network
The Lincoln Trail Libraries System (LTLS) has been awarded a $65,000 grant to build the
Illinois Parent Information Network (NPIN Illinois). Funding will be provided by the
Illinois State Library, using federal Library Services and Technology Act funding.
LTLS reportedly is working on this project with the ERIC Clearinghouse on Elementary
and Early Childhood Education's National Parent Information Network (NPIN). NPIN Illinois
will add to NPIN's extensive resource collection on parenting and parental involvement in
education by building a separate Web site with resources specific to the interests of
Illinois families.
For more information, contact Project Director Brenda Pacey at Lincoln Trail Libraries
System, 217/352-0047 (ext. 211), e-mail bpacey@ltnet.ltls.org.
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Workshops & Meetings
"Briefing for decision makers" scheduled
The National School Boards Association's Institute for the Transfer of Technology to
Education (ITTE) has announced "A briefing for decision makers" workshop to be
held February 5-7, 1999 in Scottsdale, Arizona. The workshop helps school administrators,
board members and other school leaders get up to speed on technology's role in schools and
consider the plans they need to reap technology's benefits for education.
The faculty for the event is led by Bob Hughes, a former executive with the Boeing
Company and a veteran school board member of Lake Washington public schools, in the state
of Washington. Registration information will be available in the months ahead from ITTE
and on the Web at http://www.nsba.org/itte.
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Illinois ASCD fall conferences set
The Illinois Association for Supervision and Curriculum Development (Illinois ASCD) has
announced plans for two skill-building fall conferences for Illinois educators.
"Action Research As A Vehicle For Educational Change" is the theme of one
conference to be held October 2 in Naperville. The Illinois ASCD annual fall conference
will follow October 7-9 in Springfield, featuring the theme "Whose Standards? Whose
Changes? Stakeholders, Schooling, and Standards in Illinois."
The "Action Research" conference will feature Richard Sagor and Andy
Hargreaves, two international educational leaders, who will explain how to renew schools
through action research.
The Illinois ASCD's fall conference will feature pre-conference professional
development workshops, and keynote and breakout sessions on local, state, and national
standardsand their impact on our classrooms and communities.
For more information on either conference contact the Illinois ASCD, 800 Porter Street,
Lemont, IL 60439 or phone 630/243-9860.
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THE NATIONAL SCENE
Board members may join discussion group
The National School Boards Association (NSBA) is now offering the School Boards of
Tomorrow (SBOT) e-mail discussion group, which lets school board members across the nation
share stories, concerns, solutions, comments and advice about education and boardsmanship
issues. School board members may join the SBOT e-mail group by signing on through NSBA's
web site at www.nsba.org/sbot or by e-mailing a request to Hilary LaMonte, resource
exchange network manager, at hlamonte@nsba.org.
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Districts roll out the red carpet for prospective teachers
As the pool of available teachers dries up, school districts are increasingly using
creative approaches to try to attract and keep qualified teachers.
That word comes from NSBA staff writer Carol Chmelynski, assistant managing editor of School
Board News. Chmelynski cites the case of the Massachusetts legislature's proposed
$20,000 signing bonus for top teachers. The bonus was proposed after 59 percent of the
state's prospective public school teachers failed a state-mandated exam to gain
certification to teach.
"This is an effort to level the playing field a little bit so teaching will not be
the profession of last resort," said Massachusetts Senate President Thomas F.
Birmingham.
Although no one else is offering bonuses on the scale proposed in Massachusetts, some
school districts around the nation are using bonuses as part of their teacher recruitment
strategies:
* The Detroit school system offers $3,000 bonuses to new teachers, and Dallas schools
offer $1,500.
* New teachers in Baltimore can receive housing bonuses of $5,000 plus an additional
$5,000 if they are willing to teach in "high-impact" areas.
* The Fort Worth, Texas, school district offers a $2,000 bonus for special education
teachers certified to teach the severely disabled, profoundly retarded, or emotionally
disturbed.
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Two named to leadership of NSBA's Council of School Attorneys
Two attorneys from Illinois are represented on the 1998-99 NSBA Council of School
Attorneys Board of Directors. Those so honored are:
* Anthony G. Scariano, of the law firm Scariano, Kula, Ellch & Himes, Chicago; and
* Nancy Fredman Krent, of Hodges, Loizzi, Eisenhammer, Rodick & Kohn, Arlington
Heights.
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NEA delegates reject merger with AFT
The National Education Association (NEA) representative assembly voted in July to
reject a merger with the American Federation of Teachers (AFT). Yet the delegates voted to
approve a new business item directing NEA to continue working with the American Federation
of Teachers (AFT) in the pursuit of unity between the nation's top two teacher unions.
For more information, see the NEA website at: http://www.nea. org/nr/nr980706a.html.
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NEWS FROM IASB
IASB fall division dinner meetings1998
Fall division meetings of the Illinois Association of School Boards are scheduled as
follows:
Starved Rock |
Thurs., Sept.10 |
Starved Rock Lodge, Utica |
Two Rivers |
Mon., Sept. 28 |
TBA |
Abe Lincoln |
Tues., Sept. 29 |
TBA |
Northwest |
Tues., Sept. 29 |
Mt. Morris |
Kaskaskia |
Wed., Sept. 30 |
Germantown |
Southwestern |
Thurs., Oct. 1 |
Freeburg H.S |
Western |
Thurs., Oct. 1 |
Carthage |
Shawnee |
Mon., Oct. 5 |
Trico |
Egyptian |
Tues., Oct. 6 |
Bethel |
Corn Belt |
Tues., Oct. 6 |
Cissna Park |
Three Rivers |
Tues., Oct. 6 |
TBA |
Central Ill. Valley |
Wed., Oct. 7 |
Pekin H.S. |
Illini |
Thurs., Oct. 8 |
East Prairie School |
Wabash Valley |
Tues., Oct. 13 |
Teutopolis |
DuPage |
Wed., Oct. 21 |
TBA |
Kishwaukee |
Wed., Oct. 28 |
Kaneland |
Blackhawk |
Thurs., Oct. 29 |
Geneseo |
Lake |
Th urs., Oct. 29 |
Mundelein |
Cook Co. (Jt. Mtg.) |
Thurs., Oct. 29 |
Marriott, Oakbrook |
Watch your mail for details about the dinner meeting in your division. For information
about the meeting in any other division, call Field Services at the IASB office nearest
you: Springfield, 217/528-9688 or Lombard, 708/629-3776.
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DEVELOPMENTS IN SCHOOL LAW
By Melinda L. Selbee, Attorney
Teacher-to-student sexual harassment:
The Supreme Court decides when a school district is liable
Judicial restraint and common sense led the U.S. Supreme Court to limit when school
districts are liable for damage awards for an employee's sexual harassment of a student. A
school district will be liable only when a district official who, at a minimum, has
authority to institute corrective action, has actual notice of and is deliberately
indifferent to the employee's misconduct. Although the Court was silent on whether this
standard for imposing liability will apply to student-to-student sexual harassment cases,
the decision's rationale supports such an application.
Mr. Waldrop, a high school teacher, made sexually suggestive comments to a student,
Alida, during class; he later initiated sexual contact with her. Meanwhile, parents of two
other students complained to the high school principal about Mr. Waldrop's remarks in
class. The principal advised Mr. Waldrop to be careful about his classroom comments.
Several months later, a police officer discovered Mr. Waldrop and Alida engaging in sexual
conduct and arrested Mr. Waldrop. The school district terminated his employment. The
district did not have a procedure for making sexual harassment complaints; nor did it have
a formal anti-harassment policy.
Alida and her mother sought damages from the school district under Title IX of the
Education Amendments of 1972. The district court rejected their claim because school
administrators were not aware of the sexual harassment. This decision was affirmed by the
Court of Appeals and the U.S. Supreme Court granted certciori in order to address
when a district is liable for a teacher's sexual harassment of a student.
Alida argued that she was entitled to recovery because the district should be
responsible for its employees' acts. This argument is supported by the U.S. Department of
Education's "policy guidance" on Title IX's sexual harassment prohibition. The
guidance states that a school district is liable for damages whenever a teacher's
authority over a student facilitates the harassment. This rule imposes liability even when
school officials had no knowledge of the harassment.
If this strict liability standard were rejected, Alida argued that, at a minimum, the
district should be liable for damages based on a theory of constructive notice. This
standard would hold the district liable if district officials knew or "should have
known" about harassment but failed to uncover and eliminate it.
Under either standard proposed by Alida, an educational fund recipient could face a
damage award despite being unaware of the discrimination. Thus, the Supreme Court rejected
these arguments opting instead to shape a sensible remedial scheme that complies with
Title IX's legislative purpose. A damage remedy will not lie under Title IX unless an
official, with authority to stop and correct the discrimination, is actually aware of the
discrimination and fails to adequately respond. A response will be inadequate only if it
amounts to a deliberate indifference to the discrimination, in other words, a refusal to
take action. Here, the principal's knowledge of the teacher's suggestive comments was
insufficient to show "actual knowledge" of sexual harassment.
While the district's failure to adopt and publish grievance procedures and an
anti-harassment policy violates the U.S. Department of Education's regulations, it does
not establish actual notice of harassment and deliberate indifference. The failure to
promulgate a grievance procedure does not itself constitute discrimination under Title IX
although the Department of Education could enforce the requirement administratively. Title
IX does not, however, allow damages for violation of administrative requirements.
While this decision is good news for school officials, the growth of reported sexual
harassment cases in schools is deeply troubling. School officials' initiatives to
eradicate sexual harassment must continue. This decision, however, means that funds for
ending sex discrimination in educational programs will not be used for damage awards when
district officials had no knowledge of the discrimination and thus no opportunity to
eliminate it. Gebster v. Lago Vista Independent School District (U.S. Sup. Ct.,
June 22, 1998) __ U.S. __.
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Recent mailings from IASB
Not all IASB mailings are sent to all school board members. For speed or economy, some
mailings are sent only to the board president or district superintendent. Here is a list
of such items mailed recently. For more information about any item, contact your board
president or district superintendent or get in touch with IASB.
July 15: Performance-Based Superintendent Employment Contracts: A "How
To" Guide, new IASB pamphlet, mailed to board presidents and district
superintendents.
July 23: Closing the Gap: Insuring Children in Illinois, a Voices for
Illinois Children pamphlet, to board presidents and district superintendents.
July 29: Announcement of Chicago schools tour event at Joint Annual Conference, to
board presidents and district superintendents.
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Classified ads
FOR SALE: 130 student desks & chairs (combination), blue chrome. $5 each. Please
call Colette Ford, Business Manager at Lake Villa School District 41, phone 847/356-2385.
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IASB School Board News Bulletin
Illinois Association of School Boards
This newsletter is published monthly by the Illinois Association of School Boards for
member boards of education and their superin-tendents. The Illinois Association of School
Boards, an Illinois not-for-profit corporation, is a voluntary association of local boards
of education and is not affiliated with any branch of government.
Gerald R. Glaub, Deputy Executive Director, Member Services
Gary Adkins, Editor
2921 Baker Drive
Springfield, Illinois 62703-5929
(217) 528-9688
One Imperial Place
1 East 22nd Street, Suite 20
Lombard, Illinois 60148-6120
(630) 629-3776
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