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School Board News Bulletin
October, 2003

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D.C. voucher bill in doubt after Senate stall

Most U.S. students have less than one hour of homework

Quinn pushes plan for constitutional tax swap

Few students nationwide opt for school choice under NCLB Act

Still time to get in on Conference

ILLINOIS SCHOOL DISTRICTS

Three strikes settled; five intent-to-strike notices left

Skokie district wins national peer award for tech strategy

No Child Left Behind-Blue Ribbon Schools Awards made

LEGISLATIVE ACTION

School administrator salary/pension caps foreseen

DEVELOPMENTS IN SCHOOL LAW

Horrors of hazing run up against schools and the law

NEWS FROM IASB

Nominating committee slates IASB officers for 2004

IASB services helpful, board member survey suggests

Final fall division meetings set

2003 Robert M. Cole Awards go to 10 Illinois newspapers

Divisions choose five new IASB directors

Association welcomes three more members

NEWS HEADLINES

TOOLS FOR SCHOOLS

IASB updates report on employee records

Rural Bond Bank’s deadline for finance pool draws near

D.C. voucher bill in doubt after Senate stall

After five days of on-and-off debate in the U.S. Senate earlier this month, a bill that would have created the first federally funded private school voucher program was withdrawn for consideration. But the proposal may reappear in coming weeks as part of a larger appropriations package.

Republican backers withdrew S.1583, the District of Columbia appropriations bill on Oct. 8, when Senate Majority leadership was unsure about the vote count on a motion to strike vouchers and unable to secure the necessary votes to prevent a Democratic filibuster.

There is considerable discussion that Majority Republican leadership will try to roll the D.C. appropriations bill, including the D.C. voucher proposal, into a larger "omnibus" spending package and "slip" the proposal into law.

The decision to delay a vote comes one month after the U.S. House of Representatives passed a voucher amendment by a single vote, 209-208. The funds, if approved, would help parents of low-income children in Washington, D.C., public schools pay for tuition at private schools.

Voucher supporters have cited support from the D.C. mayor as evidence of local demand for the program, claiming that the funds would improve the academic opportunities of students in low-performing, high-poverty schools. They also claim that vouchers would force schools to improve, by "competing" for students. A recent Supreme Court decision, Zelman v. Simmons-Harris, permits use of federal tuition vouchers in religious schools, if such use is the result of truly independent private choice.

Opponents believe the voucher program is an entry-level attempt to expand similar efforts to other cities and states. Opponents also report that both the D.C. school board and city council oppose the measure, noting that the U.S. Department of Education and not the local government would operate the program.

If passed, the program would allow the U.S. Secretary of Education access to up to $10 million to award sub grants to a nonprofit organization for the District. These organizations would in turn provide tuition vouchers to families with students in low-performing schools. Families could use the vouchers to pay a maximum of $7,500 in tuition, fees or transportation costs for enrollment at private elementary or secondary schools in the District.

During debate, Senator Diane Feinstein, D-California, offered an amendment that slightly modified the testing requirements and teacher qualification provisions for private schools participating in the voucher program.

The amendment, agreed to by voice vote, is a far cry from the accountability required of public schools under No Child Left Behind (NCLB) Act. Majority leadership was also unsuccessful in reaching a compromise with Sens. Mary Landrieu, D-Louisiana, and Tom Carper, D-Delaware, on the D.C. voucher program.

Currently, two scenarios are in play for possible reconsideration of the voucher proposal. It could be included into a larger "omnibus" spending package. But, an amendment to eliminate the vouchers from the funding package could be offered by Sens. Richard J. Durbin, D-Illinois, and Edward M. Kennedy, D-Massachusetts.

The Illinois Association of School Boards has a long-held position against "...the use of any form of 'educational vouchers', 'tax deduction' and 'tax credit' plan at the state or national level (Position Statement 2.48, amended 1988.)

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Most U.S. students have less than one hour of homework

Most American students are assigned less than an hour of homework a night, according to a study released in September by the Brown Center on Education Policy at The Brookings Institution. Conventional wisdom in recent years has been that American students are overloaded with hours of homework that interferes with family time. While that is true in some cases, it is not typical, according to the study.

The new study is available online at: www.brookings.edu/dybdocroot/gs/brown/20031001.pdf.

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Quinn pushes plan for constitutional tax swap

Lt. Gov. Pat Quinn is advocating his own plan to create a special trust fund for education and property tax relief. Quinn has proposed a constitutional amendment that would double the income tax rate for those who bring in more than $250,000 a year. The revenue generated would be divided evenly between homeowners and school districts.

"If we did this in Illinois we wouldn't be raising income taxes for 98 percent of the people," Quinn said during the fall dinner meeting of IASB's Starved Rock Division in Utica on Sept. 11.

The state income tax rate is now 3 percent. Quinn said the increase to 6 percent for those with high incomes would accumulate more than $1 billion annually, and enable homeowners to receive between $200 and $400 each year in property tax relief. School districts' portions would be on a per-pupil basis.

Quinn wants to get the proposal placed on the March 2004 ballot as an advisory referendum question, asking voters whether the issue should be listed on the November 2004 ballot. Because it would be a constitutional amendment, for passage the proposal would need to be approved by 60 percent of the state's voters, and the legislature would need to approve it by a three-fifths vote.

One school official asked whether this could eventually lead to cuts in the state's educational funding: "Even if this passes, how much money would be taken away from us to make up for something else," she asked.

But Quinn said that while the plan may not be perfect, it's a step in the right direction. "It's very difficult for legislators to take current funding for education and cut it," he added.

"I'm not an advocate of across-the-board income tax increases on people," Quinn said, but added: "Those who make over a quarter million a year do very well ... that group accounts for a very large share of Illinois' income."

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Few students nationwide opt for school choice under NCLB Act

Typical of school districts across the nation, just a few students in Springfield District 186 have opted to use the federal No Child Left Behind Act's school choice option. In fact, only two Springfield students are using the option.

Michele Seelbach, the Springfield District 186 director of school improvement, does not expect any more families to transfer their children. Seelbach, district administrators and parent educators met in person with parents of 148 children eligible to transfer, and most said they were staying put, Seelbach said.

"They said they were very satisfied and had no intention of moving," Seelbach said.

Despite the publicity surrounding the NCLB school choice provisions, the trend in Springfield reflects the state and the nation, according to Seelbach. The Illinois State Board of Education does not yet have statewide totals for school choice participants.

In Chicago, school officials announced that about 1,000 students of 240,000 students eligible would be transferring.

Just how rare have school choice transfers been elsewhere? Last year in New York City the parents of only about 8,000 out of 300,000 children in participating [NYC] schools asked for and received choice transfers - that's fewer than 3 percent of those eligible and only about 0.6 percent of the 1.2 million students in New York's public schools.

Under NCLB, a "choice" school is required to pay - with 20 percent of its Title I funding - for transporting students who wish to move to a school not on the state's academic warning list. NCLB also allows students to move to neighboring school districts, but this also is rare.

Sources: "Two students will transfer," State Journal-Register, Springfield, Sept. 22, 2003; "Shrinking from choice," The New York Sun, Oct 1, 2003; "Transfers barely a blip on school's radar," Catalyst, Sept. 2003.

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Still time to get in on Conference

Time is running out for school leaders who want to take advantage of all the events and activities at the 71st Joint Annual Conference.

In-depth workshops, general sessions, discussion panels, roundtables, vendor exhibits, bookstore and author meetings, school design exhibits, Chicago schools tours, public relations counseling and more are scheduled November 21-23, 2003, in Chicago.

October 17 was the deadline for payment, registration and housing forms or changes to existing registrations.

Registrations received after Oct. 17 will cost $285. For more information on registration, housing, schools tours, etc., call IASB at ext. 1115.

Seats also remain available for the seven pre-conference workshops scheduled for Friday, November 21. The workshops, which require a conference registration, include a five-hour professional development session, continental breakfast and luncheon, and all materials. Workshop fee is $175. For more information, call IASB at ext. 1103.

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ILLINOIS SCHOOL DISTRICTS

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Three strikes settled; five intent-to-strike notices left

To date only three Illinois school districts have faced teacher strikes this year, although five more districts have received active intent-to-strike notices from teachers' organizations. In Illinois the number of strikes has declined for many years, falling from 40 strikes in the 1979-80 school year to just seven in 2000-01.

Teachers remained on strike almost until press time at Woodland Dist. 50, Gages Lake, where an 11-day strike involving more than 850 employees was tentatively settled on October 9.

Representatives of Lake County's largest elementary district, with more than 7,100 pupils, and its teachers' organization met unsuccessfully with federal mediators on September 30 and October 7. Six mediation sessions failed to obtain an agreement on salary, as teachers did not budge from their proposal for a 29.5 percent increase over three years. But the seventh time was the charm when negotiators reached agreement after a nine-hour mediation session ended at 4 a.m. on October 9. Terms of that settlement were not available by press time.

More than 200 students and their parents had rallied with picket signs outside the school district's administrative offices on October 7 in order to pressure both sides to reach an agreement.

In addition to the work stoppage at Woodland District 50, teacher strikes were reported in Benton Consolidated H.S. Dist. 103 and East St. Louis Dist. 189. The Benton strike lasted more than a month and roused bitter emotions throughout the community, while the East St. Louis strike lasted just three days and was settled without much rancor.

One additional work stoppage did not involve teachers, as clerical and custodial staff and teachers' assistants went on strike for a short time at Harlem Dist. 122, Loves Park.

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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Skokie district wins national peer award for tech strategy

East Prairie District 73 in Skokie, which has 475 students, has been committing resources for technology integration for almost 10 years, and recently earned a national peer-recognition award for the results.

Specifically, the district created and implemented a strategic plan and began using technology for teamwork skills, decision-making, critical thinking, logical reasoning, problem solving, and independent research in all aspects of curriculum design.

The results of the district's school technology investment have included a significant increase in English language proficiency achievement in recent years. The district also has developed online assessment tools to help teachers and administrators, and has established a "technology college" for teachers.

"East Prairie School District's effort to integrate technology into the whole school supports both core curriculum goals as well as providing students with a chance to gain 21st century skills," said Ann Flynn, director of education technology for the National School Boards Association (NSBA).

Thus Flynn announced in September that East Prairie District 73 had been named a "Salute District" by NSBA. The "Salute District" award is a peer-recognition program developed by NSBA to showcase member school districts for their positive learning impact on public schools by using technology. East Prairie is one of three districts in the nation receiving the award.

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No Child Left Behind-Blue Ribbon Schools Awards made

Eleven Illinois public schools were among 214 winners of the 2003 No Child Left Behind-Blue Ribbon Schools Award. U.S. Secretary of Education Rod Paige released the list of winners in Washington D.C. on September 17.

The winning schools were the first to be honored under the newly revamped Blue Ribbon Schools Program. The program recognizes schools that make significant progress in closing the achievement gap or whose students achieve at very high levels.

The list of Illinois winners includes: Charter Oak Primary School, Peoria; Dirksen Primary School, Pekin; Eastview Elementary, Canton; Frank C. Whiteley, Hoffman Estates; Henry Raab Elementary, Belleville; Louise N. Henking Elementary, Glenview; Lyon Elementary, Glenview; Medora Elementary, Medora; Roosevelt Elementary, Belleville; Shiloh Elementary, Hume; and Silas Willard School, Galesburg.

Winners were selected based on either of two assessment criteria:

• Schools that have at least 40 percent of their students from disadvantaged backgrounds that dramatically improve student performance to a high level on state assessment or assessments referenced against national norms at a particular grade, as determined by the state's Chief State School Officer; and,
• Schools whose students, regardless of background, achieve in the top 10 percent on state tests.

Of the schools submitted by each state, at least one-third must meet the criterion of having 40 percent of their students from disadvantaged backgrounds and showing dramatic improvement.

Source: U.S. Department of Education.

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LEGISLATIVE ACTION

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School administrator salary/pension caps foreseen

The two major Chicago newspapers (the Chicago Tribune and the Chicago Sun-Times) carried articles this summer about teachers and school administrators receiving large salary increases before retirement in an effort to boost pension payouts. Insiders say its likely legislation will be introduced this fall to address this issue, either by lowering the ceiling on salary increases for pension purposes in the Pension Code, or by setting an arbitrary cap on administrator salaries in the Illinois School Code.

The Illinois School Board Journal first called attention to this practice in 1995 (see "School boards should help keep teacher retirement system solvent," by Donald J. d'Amico, Illinois School Board Journal, January-February 1995).

Source: Illinois Statewide School Management Alliance, Alliance Legislative Report (93-29), September 18, 2003.

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DEVELOPMENTS IN SCHOOL LAW

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By Melinda Selbee, IASB's general counsel

Horrors of hazing run up against schools and the law

Due to national news coverage, most people have a good idea what happened last May during a "powder puff" football game involving almost 100 Glenbrook North High School students. Ugly images of offensive violence were repeatedly broadcast with voiceovers exclaiming shock and dismay. School officials responded with a courageous, coordinated effort to punish the mistakes of youth without denying the participants an opportunity for a productive future.

High school students met off school grounds for a "powder puff" football game. The "game" turned out to be an event for senior girls to haze and harass junior girls. The District suspended the seniors, pending expulsion proceedings, based on violations of the school handbook rules prohibiting hazing and harassment, assault and battery, and membership in a secret society.

Two students asked a federal judge to issue a temporary restraining order (TRO) prohibiting the school from suspending them. They challenged the district's authority to impose any sanction on them. They pointed out that the event was not school sanctioned or sponsored, it did not occur on school property or during school hours, and the school had no legal interest in it.

The judge, however, found that the district had authority to impose the suspensions.

The school handbook expressly prohibited hazing and harassment; this prohibition was not limited to school-sponsored events. Such a handbook statement, however, was not determinative; the Court said:

[I]n addition, given the egregious nature of some of the conduct depicted in the videotapes, the nexus of the event to the high school and the fundamental relationship that all of the participants had to the school, to hold that a school was powerless to act in these circumstances is patently absurd. When one set of students sets to prey upon another set of students in a ritualistic exercise, the consequences of which will necessarily effect the students' relationships while they are all in attendance at the some school, the ability of school officials to act in the area and discipline those who went beyond the pale of tolerable student behavior is manifest. Today's juniors, who will be tomorrow's seniors, may well feel embolden when it comes their turn next year. The school has a right, and a duty, to retard the growth of incivility among its students. We believe and find the school had authority to impose the suspensions that the Plaintiffs suffered.

The Judge also rejected the students' arguments that the District denied them due process. The students received sufficient notice of the charges before their hearings. At their hearings, the students had an opportunity to respond. The fact that the hearings occurred after the suspensions did not amount to a due process violation.

The students insisted that they were not guilty of hazing. During the hearings, the students were shown videotape segments in which they poured substances onto the heads of kneeling persons in front of them. One segment showed one plaintiff slapping a girl on the head. According to the Judge, the transcript and clips of the videotapes "irrefutably established instances of participation by each Plaintiff in a gathering gone amok."

The students also argued that they would suffer irreparable harm unless a TRO were issued; they cited their fears of not being able to graduate or attend college as well as the damage to their reputation and standing in the community. The judge rejected this argument because a short-term suspension, unlike an expulsion, is unlikely to produce the damage feared.

The judge also rejected the students' argument based on fundamental fairness. The students asserted that these "powder puff" events had been a staple for years and that school officials never attempted to prevent them or punish any participant. This argument, according to the Judge, was more appropriately raised during a challenge to expulsions rather than suspensions orders. The Judge refused to order the District to set aside its suspensions of the students. Gendelman v. Glenbrook North High School, N.D.Ill., May 21, 2003.

The panel, The Horrors of Hazing, will be presented in the Crystal B Ballroom of the Hyatt at 10:30 a.m. on Saturday, November 22, 2003. Glenbrook's response underscored for schools across the country that the public supports school efforts to hold students accountable for their misbehavior. Along with the support, however, came criticism and considerable sacrifice. The Glenbrook school officials and their attorney will share their experiences during this panel.

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NEWS FROM IASB

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Nominating committee slates IASB officers for 2004

The IASB Delegate Assembly will elect officers at its annual meeting, which is to be held Saturday, November 22, from 9 to 11 a.m. at the Joint Annual Conference. Here is the slate of officers to be placed before the delegates by the IASB Nominating Committee: Ray Zimmerman, Flanagan C.U. District 4, for President; and Marie Slater, Wheaton-Warrenville District 200, for Vice President.

One other IASB leadership position, the office of the Treasurer, is not chosen by the Delegate Assembly. Instead, according to IASB by-laws, the Treasurer is elected "by the Board of Directors at its first meeting following the Annual Meeting of the Delegate Assembly for a term of two years." A new IASB Treasurer is to be chosen this year; Treasurer Mary Walsh's term is set to expire in November.

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IASB services helpful, board member survey suggests

Here is some more food for thought from the IASB survey of school board members last winter.

First, time devoted to school board work increases with age but use of the Internet decreases.

Further, the more time a board member reports spending on board work, the more likely it becomes that the board member will:

• rate The Illinois School Board Journal as an excellent source of help and thoroughly read all issues;
• represent a large school district or one located in an urban or northeast suburban community;
• be retired or a self-employed professional;
• be very satisfied with the school board experience-or be disappointed altogether;
• agree that the local board needs to change the way it functions;
• have no school-age children;
• report higher family income;
• be serving a second term or more;
• be familiar with the IASB principles of effective governance and try to abide by them;
• be aware of IASB workshops;
• say IASB workshops are repetitive for veterans;
• say IASB workshop value ranges from good to excellent;
• say "time to step aside" as the reason for not seeking re-election;
• have goals when first elected and report achieving those goals;
• say the top priority is "improving student achievement;"
• believe compensation for board members would worsen the turnover problem.

For more information about the survey, see "Illinois School Boards are Diverse, Consistent," in the September-October 2003 issue of The Illinois School Board Journal. Or visit the IASB website, www.iasb.com/files/03surveys_menu.htm.

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Final fall division meetings set

A wide variety of hot topics have been featured at this year's fall dinner meetings in IASB's 21 divisions. Leadership and Development (L&D) awards will be given out at these meetings. The latest information on division meetings can be found on the IASB Web site at www.iasb.com/calendar.

Members of IASB boards are encouraged to attend more than one of the fall division meetings. Program details for two of the meetings were not contained in the September Newsbulletin, including:

South Cook Division
October 29, 6:00 p.m.
Radisson Hotel Alsip
5000 West 127th Street, Alsip
Program: Shocked and Awed by School Funding, Presented by: Phil Kadner, news columnist, Daily Southtown, Chicago.

Lake County Division
October 29, 6:30 p.m.
Waukegan High School
2325 Brookside, Waukegan
Program: School Safety and the Internet: Child Exploitation, presented by officers from the Lake County Sheriff's Department, Criminal Investigations Division. In addition, an opportunity to network with other board members will be provided at reserved networking tables.

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2003 Robert M. Cole Awards go to 10 Illinois newspapers

Two daily newspapers-the Rockford Register Star and the Morris Daily Herald-have repeated as first-place winners in the 23rd annual Robert M. Cole Awards competition. Only ten newspapers received awards in 2003, including the Ledger-Sentinel, Oswego, which won first place in the weekly newspaper category.

The awards are sponsored by IASB and conducted by the Illinois Press Association to recognize Illinois newspapers doing an excellent job of covering local school boards.

For the third consecutive year, top honors for large daily newspapers went to the Rockford Register Star-the top winner in the award's history, with 11 Cole Awards, including six first-place designations. Second place was captured by one of the state's oldest newspapers, The Telegraph, Alton. Third place was earned by the Daily Herald, Vernon Hills, and honorable mention went to the Sauk Valley Newspapers, Sterling.

Also returning to the winners' circle was the Morris Daily Herald, which again won first-place honors for small dailies. The paper also won both third place and honorable mention, and has now earned nine Cole Awards; only the Rockford paper has won more often. Second place for small dailies went to the Times-Republic, Watseka, another repeat performer, which finished third last year.

Also returning to the winner's circle was the top prizewinner in the weekly newspaper category, the Ledger-Sentinel, Oswego, which took home second-place honors last year. Second prize for weeklies went to The Times-Press, Streator, and third prize went to the Highland News Leader. Honorable mention went to the Liberty Suburban Chicago Newspapers.

Named in memory of the first executive director of IASB, the Robert M. Cole Award recognizes outstanding coverage of education issues that emphasizes the community's connection with its local public school district.

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Divisions choose five new IASB directors

Mark Metzger, board secretary of Indian Prairie CUSD 204, Naperville, was elected IASB Director for the DuPage Division at the fall division dinner meeting on September 30. Other newly chosen IASB division directors, and their respective school districts and divisions include: Carol Farnum, board secretary, Aurora East Dist. 131, Kishwaukee Division; Helen McClelland, 10-year veteran board member, Country Club Hills Dist. 160, South Cook Division; Michelle Skinlo, board secretary, Mattoon CU District 2, Illini Division; and Sara Brown, board secretary, Carmi-White Co. C.U. Dist 5, Egyptian Division.

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Association welcomes three more members

Thornton Township High School Dist. 205, South Holland, recently rejoined the association. The school district, located in IASB's South Cook Division, was not an IASB member last year but had been a member the previous year.

Queen Bee Dist. 16, located in Glendale Heights in DuPage County, had also joined IASB this summer, along with Creston C.C. Dist. 161, in Ogle County.

These three recent additions swelled IASB's total membership to 859 school districts, out of a total of 887 Illinois districts-which means 97 percent of school districts are IASB members.

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Routine snoring and academic problems are linked in grade school students, European researchers reported in the August 15 issue of the American Journal of Respiratory and Critical Care Medicine. (Reuters Health, Sept. 2, 2003) ... On September 8 the board of education voted to dissolve the Livingston school district because of a funding shortfall. Unless a majority of registered voters petition against the request, the Regional Board of School Trustees will determine whether the district's students will become part of Highland C.U. Dist. 5 or Staunton C.U. Dist. 6. (Edwardsville Intelligencer, Sept. 11, 2003) ... A substitute teacher was fired for blasting away with a cap gun to get students' attention in a St. Charles' eighth-grade classroom on September 9 (Arlington Daily Herald, Sept. 12, 2003) ... Health experts at the Northern Ireland Center for Diet and Health say memory and attention tests show girls do best after a satisfying breakfast while boys do their best in school when they are a little hungry (Reuters, Sept. 30, 2003) ... Energy conservation efforts are paying dividends for Indian Prairie C.U. Dist. 204. Texas-based Energy Education Inc. presented school officials with an Energy Excellence Award at a recent school board meeting, noting the district saved more than $2.3 million in energy costs over three years (Arlington Daily Herald, Sept. 23, 2003) ... America is a leader in school spending, but not in scores, among major industrialized countries. The Paris-based Organization for Economic Cooperation and Development produced the annual comparison study (The Associated Press, Sept. 16, 2003).

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TOOLS FOR SCHOOLS

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IASB updates report on employee records

A report on the Illinois Personnel Records Review Act has recently been posted on the IASB Web site. The newly revised report on employee records, last updated in 1988, generally explains the law on such records and what school districts need to do about it. The author is Terrence M. Barnicle, attorney with Klein, Thorpe and Jenkins, Ltd., Chicago. The report is available online at: www.iasb.com/files/emp_records.pdf.

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Rural Bond Bank's deadline for finance pool draws near

The Illinois Rural Bond Bank, a state agency, is accepting pooled warrant program applications for school districts through October 31. The pooled warrant program allows school districts to issue tax warrants at a considerably lower cost, estimated at 1.5 to 2 percent.

There are four parts to the application process: 1) a simple application containing five pages of basic information about your school district's financial status; 2) cash flow worksheets; 3) a copy of district audits for the last three years (2001, 2002 and 2003); and 4) a copy of the district's 2004 budget. Application forms are available online at: www.irbb.org/warranty.htm.

All parts of the application must be submitted at the following address by 4:30 p.m. on October 31, 2003: Illinois Rural Bond Bank, 427 East Monroe, Suite 202, Springfield, Illinois 62701. For more information, phone the bond bank at 800/897-6306 or 217-524-2663; or fax at 217-524-0477; or e-mail them at irbb@cms.state.il.us.

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IASB ARCHIVES HOME

Illinois Association of School Boards

2921 Baker Drive
Springfield, Illinois 62703