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School Board News Bulletin
October 2000

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Presidential candidates differ on education accountability, funding

Research organization urges school governance changes

Strikes rare today

Cole Award winners named

First-ever International Education Week set for November 12-17

Those Who Excel Award winners named

Foundation aims to help boost achievement in Springfield schools

LEGISLATIVE UPDATE

ICC continues to push e-911 mandate

RESEARCH REPORTS

Hazing prevalent in high schools: Study

Sex education classes are incomplete: Parents

Nation faces crisis in math and science

TOOLS FOR SCHOOLS

NCEF posts school construction cost planning & expenditures data

Bullying problem hotline offers helpful information

THE NATIONAL SCENE

California schools must alert parents about chemical spraying

Labor report: Teen employment increasing

Rural schools often overlooked

FEDERAL UPDATE

U.S. courts will rule on important school issues

Expulsions of students who brought guns to school drops for third year

WORKSHOPS & MEETINGS

November HOPE summit to cover best practices for school safety, achievement

Illinois gifted education conference nears

Service learning workshops offered

NEWS FROM IASB

Board members win national award

Sandra Gundlach joins IASB Field Services

Linda Dawson is IASB's new Journal editor

IASB offices experience problems with phones, e-mail

DEVELOPMENTS IN SCHOOL LAW

A National School Boards Association (NSBA) report comparing the education positions of presidential candidates George W. Bush and Al Gore explores key differences between their campaign positions on school accountability and funding.

Republican George W. Bush believes states should be required to give mathematics and reading tests to students in grades 3-8. He says states failing to show improved student achievement should have to forfeit the administrative portion of their federal aid into a fund for charter schools. Students attending Title I schools that fail to improve in three years would receive federal aid for tutoring or for student tuition at private schools.

Democrat Al Gore says he would require states and districts to take aggressive actions to turn around failing schools. If such schools did not improve after one year, the state and district would have to overhaul the curricula, provide professional development, and remove low-performing teachers. Schools that failed to improve after two years would be shut down and reopened as charter schools or "reconstituted" schools. States that failed to improve student achievement would have to convert the administrative portion of their federal dollars into a fund to help poor-performing schools.

In stark contrast to both candidates' positions, NSBA opposes takeovers and similar external mechanisms, and opposes all punitive approaches to school accountability. Instead, NSBA favors efforts to help local school officials and staff build their own capacity to improve local schools. NSBA also opposes subsidizing private, religious or home schools with public tax dollars.

Funding proposals differ

Texas Governor Bush would allot $24.8 billion in federal funds over five years in new spending and tax breaks for education at all levels. His spending priorities for the $24.8 billion include: Reading First programs ($5 billion), education savings accounts ($2.3 billion), after-school programs ($2 billion), teacher training ($2 billion), math and science partnerships ($1 billion), Indian school construction ($938 million), and teacher out-of-pocket tax deductions ($750 million).

Vice President Gore proposes spending an additional $115 billion in federal funds over 10 years on education initiatives. His spending priorities for the $115 billion include: universal preschool access ($50 billion), special education ($20 billion), class-size reduction ($12 billion), teacher recruitment ($8 billion), teacher pay increases ($8 billion), after-school programs ($8 billion), school construction ($8 billion), tax breaks to help parents pay for after-school programs ($5.3 billion), and a reading initiative for Kindergarten through second grade ($5 billion).

In contrast, NSBA advocates the pursuit of the following funding priorities:

• Full funding of the federal government's original commitment to pay 40 percent of the excess cost of special education (a $2.2 billion annual increase over 10 years).
• Necessary funding for children who have barriers to learning as a result of poverty, limited-English proficiency or recent immigration.
• Full funding of the e-rate and other technology-related programs.
• Funding school-to-work programs, early childhood, and school construction and infrastructure needs.
• Supports investing a portion of the federal surplus into education as the first priority use for the surplus.
• Opposes education savings accounts that provide a tax giveaway for private school tuition.

Source: NSBA's Advocacy Office, from information gathered from a variety of sources, including the candidates' websites, Education Week, and The New York Times.

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A new Educational Research Service (ERS) study calls for state legislatures to establish a clearer demarcation between the responsibilities and duties of school board members and district superintendents. The report, "Thinking Differently: Recommendations for 21st Century School Board/Superintendent Leadership, Governance, and Teamwork for High Student Achievement," is the first major proposal to include school board governance in school improvement efforts nationwide, according to its authors.

Specifically, the report calls for changes in state laws to require that school boards stick to the work of making policies and establishing broad goals, thus setting superintendents free to perform daily management tasks. The report, co-authored by the New England School Development Council, also urges mandatory professional development for board members and superintendents.

For more information, visit the New England School Development Council at http://www.nesdec.org.

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A total of 27 Illinois school districts and one special education cooperative have received intent-to-strike notices this year, but just two school labor walkouts have occurred. One strike was launched by instructional aides in West Frankfort C.U. District 168. It was settled after only a day, August 23. The other teacher strike, still ongoing at press time, began September 26 in Beecher City C.U. District 20.

The number of school strikes has been on the decline for many years, thanks in large part to collective bargaining laws. The number of public school strikes nationwide has declined from 134 in 1991 to 21 last year.

Sources: Illinois strike data compiled by the Illinois Association of School Administrators, and national strike data compiled by the Pennsylvania School Boards Association.

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Eight different Illinois newspapers received recognition in the 2000 Robert M. Cole Awards competition for best coverage of local school board issues. The contest is sponsored by IASB and conducted by the Illinois Press Association to recognize the Illinois newspapers doing the best job of covering the issues confronting local school boards. For purposes of the competition, newspapers are divided into two categories: those with 8,000 or more subscribers; and those with fewer than 8,000 subscribers.

Among the larger newspapers, top honors went to the Daily Times, Pekin; the second-place winner was The Courier-News, Lincoln; third-place winner was The Telegraph, Alton; and honorable mention went to the Austin Weekly News, Oak Park.

Among the smaller newspapers, first place went to The Courier, Lincoln; second place went to the Woodford County Journal, Eureka; third place went to The Free Press Advocate, Wilmington; and honorable mention went to the Morris Daily Herald.

More than 115 different newspapers have received recognition in the 20 years IASB has sponsored the competition. The Cole Awards are named in honor of the Association's first full-time executive director.

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U.S. Secretary of Education Richard W. Riley has set the week of November 13 as a special time for students to recognize the value of gaining a broad understanding of the cultures, languages and governments of other nations.

"The power of people-to-people connections plays an ever increasing role in today's global economy," Riley said. Riley noted that in 1997-1998, only 114,000 Americans studied at universities abroad - and only half of that number for a semester or more. He also said there should be a greater emphasis on teaching children a foreign language in the early grades and supports the dual-language program, in which children learn English, as well as gain or retain literacy in a second language.

Source: NSBA, Capitol NewsWire report, September 26, 2000, based on a news release by the U.S. Department of Education.

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Ten school board members were honored by the State Board of Education this year for their outstanding contributions to Illinois schools. The board members receiving Those Who Excel awards included IASB Directors Joseph T. Alesandrini, Pekin District 303, and Barbara Somogyi, C.C. District 59, Elk Grove.

Other board members who won included: Cheryl Jackson, Bloomington District 87; Dan Prezell, Oak Park Elementary District 97; Karen C. Geschwend, Highland C.U. District 5; Glen A. Marcum, Joliet Public School District 86; Harry Peterson, Madison C.U. District 12; John Ratliff, Township High School District 214, Arlington Heights; Joan L. Sheppard, Alton C.U. District 11; and Edward M. Yung, C.C. District 15, Palatine.

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Springfield School District 186, along with its teachers' organization and a non-profit foundation, have formed a 5-year partnership to use resources more effectively and to increase academic achievement. Beginning this fall, Springfield Public School District 186, the Springfield Education Association, and the Ball Foundation will seek to create sustainable, research-based operational models in the district's central office and in seven partnership schools.

The partnership agreement reportedly aims to promote productive, self-directed learning communities within schools and to reorient the central office to serve as a support center for the district's schools. "The systemic and system-wide changes will support individual schools and the central office as they establish the structures and practices necessary for continuous improvement and innovation," said a foundation press release.

The agreement also calls for: students to assume responsibility for self-directed learning; staff members to pursue on-going, collaborative professional development; parents and volunteers to make meaningful contributions; data to drive decision making; and accountability to be aligned with authority.

Leadership teams will govern each partnership school using shared decision making in accordance with district policies. The leadership teams will be empowered to develop budgets, appoint personnel (including principals), select curricula and materials, and even change the traditional school calendar.

Source: The Ball Foundation. For more information, see the foundation website at http://www.ballfoundation.org.

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LEGISLATIVE UPDATE

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ICC continues to push e-911 mandate

The Illinois Commerce Commission (ICC) filed a notice in late September stating that this gubernatorial commission of political appointees still refuses to modify or repeal the emergency rule that includes school buildings under the enhanced 911 (e-911) telephone system mandate. The General Assembly's Joint Committee on Administrative Rules (JCAR) objected to the rule in June and suspended any further action on the rule for 180 days. By law, the ICC then had to respond by either amending the rule, repealing it or refusing to amend or repeal it.

Thus, if JCAR does not pass a resolution in the legislature further suspending the rule within the 180 days, the ICC may promulgate the e-911 rule.

The persistence of the ICC on this issue is a mystery to many observers. Twice, the legislature's joint committee has voted unanimously to object to and suspend the rule. The comments of the JCAR members echoed the IASB and its management alliance's position on the issue, which is that schools were not intended to be covered by the e-911 statute.

In addition, during the waning hours of the 2000 spring legislative session, the Public Utilities Committee twice voted unanimously to defeat an amendment that would have included schools in the e-911 mandate provision. "The will of the legislature seems clear on this issue," a school management lobbyist notes.

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RESEARCH REPORTS

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Hazing prevalent in high schools: Study

High school students who join any group-from a sports team to a marching band-stand a major risk of being hazed by peers, according to a new study conducted at Alfred University in Alfred, New York.

Principal investigator Nadine Hoover suspected hazing was being perpetrated on many students. "What we found distressing was the prevalence-48 percent of all students who join any group in high school are subjected to hazing," she said.

Of the students who reported being subjected to hazing, 43 percent said they faced humiliating activities, such as being forced to eat disgusting things or being shouted at or cursed. Twenty-three percent were subjected to activities involving substance abuse, and 29 percent were forced to perform illegal acts, the report said.

Source: NSBA, School Board News, September 12, 2000.

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Sex education classes are incomplete: Parents

Two nationwide surveys have reported in recent weeks that sex education courses often ignore subjects that parents, teachers and students think are important to pupils' awareness of sexuality. Most public secondary school students' parents would like sex education classes to teach a wide range of subjects.

For example, 97 percent of parents said they support abstinence instruction. Huge majorities of parents wanted schools to teach students, as well, about dealing with the emotional issues of sex, talking to parents about relationships and sex, and how to seek help if sexually assaulted. Even instruction on subjects such as abortion, homosexuality, and how to use birth control had the support of more than 75 percent of the parents surveyed. Abstinence-only proponents questioned the impartiality of the surveys and said they doubt that the results truly represent parent's attitudes toward sex education.

Source: The Baltimore Sun, "Surveys: Sex education courses are incomplete," as published in The Seattle Times, September 27, 2000.

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Nation faces crisis in math and science

There is an urgent need to replenish the nation's dwindling supply of math and science teachers and this crisis requires a multibillion dollar federal commitment to scholarships and other programs, according to a new report. The report, produced by the National Commission on Math and Science Teaching for the 21st Century, stresses the poor performance of students in the United States in math and science. American students score nearly last among 41 industrialized nations, according to the commission.

The commission submitted its report to the Department of Education after a year of deliberations. The authors estimate that 240,000 middle and high school math and science teachers will be needed over the next 10 years. Studies of nationwide vacancies indicate that uncertified teachers fill 20 percent of math and science teaching slots. The National Science Teachers Association says 95 percent of urban districts report an immediate need for high school science and math teachers and 90 percent of middle school districts report such a need.

Source: USA Today, "Federal billions sought for teachers," September 28, 2000.

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TOOLS FOR SCHOOLS

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NCEF posts school construction cost planning & expenditures data

The National Clearinghouse for Educational Facilities (NCEF) now posts monthly national data on school construction expenditures. Visitors to NCEF's website will find links to current, historical, and projected data for public K-12 construction activity in the United States. A report on the site states: "Total education construction topped the $30 billion mark in 1999, reaching an all-time high."

In addition, NCEF provides links to national and aggregate cost data published by American School and University and School Planning and Management magazines, as well as links to tools for estimating construction costs. To see the latest data on school construction expenditures, visit the NCEF website at: http://edfacilities.org/ir/constructiondata.html.

Source: ERICNews, September 2000.

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Bullying problem hotline offers helpful information

Despite stepped-up efforts to fight it, the problem of bullying remains a safety concern for many school districts and communities. Fortunately a new hotline can provide direct help to the students and the parents of students victimized by bullies.

The hotline, maintained by Safe Schools, Safe Students, a Prescott, Arizona nonprofit group, can be reached by phone at 877/443-9943 or on the web at http//www.stwnews.org (click the 911 "button" on the locker front). E-mail questions can be sent, as well, to safety@stwnews.org. Student and adult volunteers are on call from 9:30 a.m. to 9 p.m. (Central Daylight Time).

The volunteers staffing the hotline include adults and students trained to respond to bullying-related problems of all kinds. More than 13,000 phone calls and e-mails were received by the service in its first week.

Source: Reuters Health online news service, October 10, 2000.

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THE NATIONAL SCENE

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California schools must alert parents about chemical spraying

California Governor Gray Davis signed a new state law in September requiring parents to be notified whenever bug or weed killers are to be used on school campuses in California.

"Kids should not be exposed to dangerous and toxic materials," Davis said at the September 25 bill signing. Fears that weed and bug sprays may contain carcinogens or could cause respiratory and neurological ailments prompted the new state law, which requires that teachers, as well as parents, be advised of spray dates.

The measure also mandates the posting of signs at the spray site for 24 hours before and for 72 hours after spraying. Training must be made available by the state on the topic of "least toxic integrated pest management" techniques for any interested school district personnel, and the state must distribute a manual on the subject to all schools.

Illinois is one of thirteen other states that has a law requiring schools to notify parents before pesticides are used, according to a spokesman for the National Pest Control Association. The others are Arizona, Connecticut, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, New York, Pennsylvania, Texas and West Virginia.

Source: The Associated Press, news report by Tom Harrigan, September 26, 2000.

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Labor report: Teen employment increasing

Nearly two out of three 15-year-old youngsters is employed today, according to a new national report from the U.S. Department of Labor. From 1977 to 1979, in contrast, just 30 percent of 15- to 17-year-olds held jobs during the school year, and only 43 percent held jobs during the summer.

The new study was based on responses from nearly 10,000 young people between ages 12 and 16, although findings were centered on children 15 and younger. The average number of hours worked each week by 15- to 17-year-old workers was 23 hours in the summer and 17 hours during the school year.

The Labor Department findings are significant because earlier studies have indicated that, while working a few hours a week can be beneficial to children's schooling, working more than 20 hours per week can impair academic achievement.

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Rural schools often overlooked

The needs of rural K-12 public schools are often neglected in the ongoing national debate on education policy, according to a recent report from the not-for-profit Rural School and Community Trust. The report says all states need to improve rural education, although Illinois was not listed among the 12 states where the need is most urgent.

The study adds that one in four American students attend schools in small towns or rural areas of fewer than 25,000 people. Fourteen percent attend school in an area with a population of less than 2,500. Thus, rural students represent a significant segment of the nation's school-age population, and one needing more attention and support.

The report, Why Rural Matters: The Need for Every State to Take Action on Rural Education is available online at http://www.ruraledu.org.

Source: NSBA, School Board News, September 12, 2000.

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FEDERAL UPDATE

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U.S. courts will rule on important school issues

Many cases pending in the federal courts-and some working their way up to the U.S. Supreme Court-could have an enormous impact on school boards. School law experts gave a rundown of the most important of these cases at briefing September 19 sponsored by NSBA, the American Bar Association, and the American Council on Education.

In June, the Supreme Court ruled in a major case involving school prayer. In Santa Fe (Texas) Independent School District v. Doe, the justices found student-led prayers before a high school football game unconstitutional. School prayer advocates are not giving up, says NSBA General Counsel Julie Underwood. She says they are continuing the practice through "creative forms of civil disobedience" and looking for alternative ways of bringing religion into the schools.

The Supreme Court has been asked to hear a case involving a religious club's access to school facilities after school hours (Good News Club v. Milford Central School), but Underwood doesn't think the court will accept it.

Since last spring, when the Supreme Court upheld the right of the Boy Scouts to discriminate against homosexuals, school boards across the nation have been asked to stop providing access to local Boy Scout groups. Underwood says if schools have equal access policies, they must continue to provide equal access to all groups.

Two major voucher cases dealing with voucher programs in Florida and Ohio are headed to the Supreme Court, but might not be reviewed this year, Underwood says. Any rulings on vouchers are likely to have a major impact on voucher legislation pending in many states.

Source: NSBA News Service, September 26, 2000.

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Expulsions of students who brought guns to school drops for third year

Fewer students are being expelled for bringing firearms to school-3,523 students during the 1998-99 school year, compared to 3,658 the year before-federal officials say. The 1998-99 total represents a significant decrease from three years ago, when the first report listed 5,724 expulsions.

"The Gun-Free Schools Act has helped improve school safety by making sure that students understand the serious consequence-expulsion-of bringing a gun to school," U.S. Secretary of Education Richard W. Riley said.

The Gun-Free Schools Act of 1994 required states to pass laws requiring school districts to expel any student who brings a firearm to school. All states have complied and this report is the third state-by-state look at implementation of the federal law.

"Let me emphasize again that the great majority of America's public schools are safe," Riley said. "School is often the only place in the world that is safe for children from troubled homes or dangerous neighborhoods, but we must keep working together until all schools and communities are free of violence."

The Report of State Implementation of the Gun-Free Schools Act - School Year 1998-99: Final Report 2000 will be available at the department's website at: http://www.ed.gov/offices/OESE/SDFS/news.html.

Source: U.S. Department of Education website at: http://www.ed.gov/PressReleases/10-2000/100300.html.

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WORKSHOPS & MEETINGS

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November HOPE summit to cover best practices for school safety, achievement

The HOPE Foundation has announced that its National Fall Summit will be held November 12-14 at Arizona State University, Tempe, on the Best Practices for Enhancing Student Achievement and Safety. Organizers say the event will "use a highly interactive, experiential design" to model approaches for building trusting relationships and a professional learning community both in and outside of local schools. The fee is $395, which covers materials, two lunches and continental breakfasts, and all sessions during the event. For more information, contact the HOPE Foundation via e-mail at hope@communitiesofhope.org; via their website at http://www.communitiesofhope.org; or by fax at 812/323-8140 or phone 800/627-0232.

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Illinois gifted education conference nears

The 37th annual Illinois Gifted Education Conference will be held December 4-6 at Pheasant Run Resort, St. Charles. It will feature pre-conference workshops on the following topics: curriculum, social-emotional development, technology, and secondary studies. For more information check out the conference website at http://www.roe35.lth2.k12.il.us. To learn more, phone Linda at 217/522-6818.

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Service learning workshops offered

"Service Learning 101" is being offered around the state this fall as a quick course in the basics of planning a service learning project. Service learning is designed to connect education programs from pre-school to colleges and universities, as well as the community, in joint efforts that blend academic learning and community service. The workshop is designed for administrators, teachers, community members and students new to service learning. It will be led by Gary Greene (ISBE) and Jim Zabel (Illinois Resource Center). There are four workshops remaining and participants need to register before the day of the workshop they plan to attend.

The upcoming dates and sites are November 8 (Woodstock), November 13 (Grand Detour), November 14 (Macomb), and November 29 (Mt. Vernon). The registration fee is $10 per person or $25 for a team of three. For registration information, contact Dr. James Zabel by phone at 847/803-3535 or e-mail jzabel@irc-desplaines.org. For general information, contact Dr. Gary Greene by phone at 312/814-3606 or e-mail ggreene@isbe.net.

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NEWS FROM IASB

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Board members win national award

Four school board members from Illinois, including three who serve in IASB leadership posts, have won the Distinguished Service Award presented annually by the National School Boards Association. Criteria for winning the honor include maintaining Master Board Member status in Illinois for at least two years, attending at least three NSBA events within the past four years, and providing confirmation of services or activities performed on behalf of public education at the national or state level within the past two years. The four winners for 2000 are: Louis A Sands, Palatine C.C. District 15; Barbara J. Somogyi, Elk Grove C.C. District 59, IASB's North Cook Division director on the Association's Board; Jay B. Tovian, DuPage District 45, IASB's immediate past president; and Elmer E. Wilson, Kankakee District 111, director-at-large of IASB's Three Rivers Division.

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Sandra Gundlach joins IASB Field Services

Sandra J. Gundlach, a Minnesotan whose background combines school board service and school administration work, has joined the IASB staff in Springfield as a director of field services. She follows John Allen in working with member districts in four IASB divisions: Abe Lincoln, Kaskaskia, Southwestern and Two Rivers. Gundlach (pronounced Gun-lock) comes to IASB from a position as an administrative intern with the New Ulm, Minnesota, school district. She holds both a masters degree and specialists degree in educational administration from Minnesota State University. Previously she served on the St. Peter, Minnesota, school board from 1992 until 1999 and during that time she served six years on the Board of Directors of the Minnesota School Boards Association.

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Linda Dawson is IASB's new Journal editor

Linda Dawson of Decatur has joined the IASB staff in Springfield as a director of editorial services. She will serve as Editor of The Illinois School Board Journal. Dawson succeeds retired Journal Editor Jessica C. Billings, a 20-year veteran with the Association (Jessica's farewell message appeared inside the back cover of the September-October Journal).

Prior to joining IASB, Dawson had been a special project writer with the Decatur Herald & Review, and previously had been an education editor and reporter for more than 20 years with newspapers in Illinois, Iowa and Nebraska. She also served as educational services coordinator for the Illinois Press Association in 1997 and 1998.

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IASB offices experience problems with phones, e-mail

Both IASB offices have been experiencing line problems affecting the telephone system and e-mail. Please re-contact IASB staff if you have failed to make connections in recent weeks and re-transmit any messages that may have failed to get through or to draw a response. IASB apologizes to member school districts and customers of the Association for any difficulties in contacting the staff.

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DEVELOPMENTS IN SCHOOL LAW
by Melinda Selbee, IASB’s General Counsel

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In an opinion that reads like Ripley's Believe It or Not, Judge Thomas M. Ewert, Will County Associate Judge, found the Illinois Gift Ban Act violates the Illinois Constitution (Flynn v. Ryan, September 8, 2000). It's hard to believe one piece of legislation could contain so many separate constitutional violations-unless you are a public official trying to make sense of it. Judge Ewert enjoined the Illinois Attorney General from enforcing the Act while the case is on an expedited appeal to the Illinois Supreme Court.

The State Gift Ban Act, 5 ILCS 425/1 et seq., became law on January 1, 1999. It prohibits public officials from soliciting or accepting a gift from a "prohibited source." Violators are subject to fines, removal from office, and disqualification from running for public office. July 1, 1999 was the deadline for school boards to contort this complex law to the local level by adopting a policy "substantially in accordance" with the state act. Thus, school boards adopted policies, many using the sample from IASB's policy update service.

The State Gift Ban Act, however, is flawed. Believe It or Not, the Act's gift exceptions are so vague "a person of common intelligence" could only guess at their meaning. "Food and refreshments of nominal value" are exempted, but "nominal value" is not defined. As Judge Ewert points out, "[a] public official would have no idea whether his next iced tea would be his ticket out of office." Gifts of tennis and golf are completely exempt. Does this mean a gift of a trip to Wimbledon or Pebble Beach is OK?

As noted earlier, local government and school district policies must be in substantial compliance with the Gift Ban Act. Believe It or Not, "substantially in compliance" is not defined. Likewise, who constitutes the "ultimate jurisdictional authority" that rules on violations is unanswered. Whether school districts must appoint an ethics officer is even questionable.

Aside from finding the Act replete with vagueness and ambiguities, Judge Ewert found it violated the Illinois Constitution's separation of powers provision. Believe It or Not, the Act regulates the "activities of the Executive Branch and all its employees, all agency directors, all constitutional officers, as well as elected and appointed local government officials, [and] school and park board members." Believe It or Not, the Act authorizes the "ultimate jurisdictional authority" to remove executive officers appointed by the Governor as well as judicial branch members-this despite an Illinois Constitution provision granting impeachment power solely to the respective branch. Believe It or Not, the Act prevents any public official's name from appearing on any election ballot while a penalty remains unpaid-even though the state constitution prevents the Illinois Legislature from adding qualifications to constitutional offices.

Judge Ewert's decision gives public officials and donors a reprieve from the Act at least until the Illinois Supreme Court hears the case. Complaints alleging Gift Ban Act violations may still be filed with the appropriate ethics commission; however the Illinois Attorney General's office, which would represent the ethics commission, is prohibited from seeking the Act's enforcement pending appeal. Thus, it is unlikely complaints will be processed absent a state agency to investigate complaints and to conduct research and hearings.

The April 1999 sample IASB policy, Limitations on Accepting Gifts, does not need immediate tweaking. It applies a common-sense approach consistent with the culture in most districts. It prohibits gifts offered to gain benefits or favors in connection with the person's official position or employment-thereby complying with the intent behind the Gift Ban Act-and lists examples of acceptable gifts. This list is very similar to the Act's numerous exceptions, including interoffice gifts, commemorative items, food or refreshments, and items of nominal value.

Since the ethics officer may be anyone, the IASB sample policy gives three alternatives. It uses the school board-minus any member being investigated-as the ethics commission. This commission, according to the sample policy, has the same powers and duties as those legislatively granted to state-level ethics commissions. The IASB sample policy makes the school board the "ultimate jurisdictional authority." Of course, the IASB sample policy, as well as local district policy, should be revisited if the Illinois Supreme Court upholds Judge Ewert's decision.

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IASB ARCHIVES HOME

Illinois Association of School Boards

2921 Baker Drive
Springfield, Illinois 62703