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School Board News Bulletin
October 1997

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The legislation could be particularly valuable for local school districts not yet subject to tax caps, according to Paul Seymour, Superintendent of Savanna C.U. District 300. That's because it would allow districts to acquire needed equipment that might be unaffordable under a tax cap.

The bill adds technology components to the list of items that may be leased by school districts. These components include computer hardware, software, equipment, fixtures, renovations and improvements to facilities needed to install computers.

The bill also specifies that districts may levy a tax of .05 percent for the purpose of leasing computer technology. Existing law had allowed levying the tax only to lease educational facilities.

The new law is Public Act 90-97, sponsored by Sen. Frank Watson (R., Carlyle). Under the law, the local school board simply needs to adopt a proper resolution to levy the annual tax to defray the cost of a lease agreement. Lease purchase agreements, however, require a 2/3 majority vote of the members of the school board, and must be paid off within five years. Interest rates may not exceed the top rate allowed by the Bond Authorization Act at the time the board signs the lease-purchase agreement.

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Say hello to a new logo and image for the Association's publications.

Lighting the Way to Excellence in School Governance -- that is the theme behind the Association's new look approved by the IASB Board of Directors at its meeting on August 24. The Board authorized the staff to abandon the Association's traditional logo in favor of an entirely new look.

Over the next few weeks and months, therefore, you can look for the new logo to begin showing up on all IASB publications and printed matter. Newly designed letterhead and envelopes will come first. The staff also is launching the more lengthy task of revising the look of all publications.

The current logo was first introduced in 1969 and is probably immediately recognized by anyone familiar with IASB. In abandoning the blue logo, therefore, the Association surrenders a rather large amount of equity in its communications identity.

"We think most people agree that the time has come for an updated look, and we expect the change to pay off in the long run," Executive Director Wayne Sampson said.

Earlier this year, the entire Association staff took part in a study of design criteria, answering such questions as, what image should IASB printed materials project? Among the resulting criteria generated by the study was this top priority: establish excellence in school governance as the unique IASB niche. No other organization in Illinois fills this role or even addresses it to any extent.

Working with a marketing consultant, the Communications Department recommended both a slogan and a logo that is designed to carry that slogan. "We think the slogan depicts the mission of the Association extremely well, and the logotype is designed to convey that theme," Sampson said.

Three key concepts were among the basic ideas that the staff said are essential to guide the redesign of the Association's visual identity:

* Leadership and excellence in local school governance

* Diverse Illinois statewide perspective

* Should not be confused with a state agency

Other important ideas identified by staff were: trustworthy and proactive, progressive with traditional style, spirit and voice of education, distinctive and memorable.

The design consultant was instructed to work with these ideas in developing design recommendations. The result was the logo shown on page 1--the letters IASB in a distinctive design with a flaming lamp to carry the slogan, Lighting The Way.

The logo will almost always appear in tandem with the full Association name. The slogan will appear with the logo whenever it seems appropriate.

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One provision of the Telecommunications Act of 1996 created the "e-rate," a discounted rate for schools for telecommunications services, internal connections among classrooms, and access to the Internet.

A total of $2.25 billion is available for the discounts each year for schools and libraries. Schools will be eligible for discounts ranging from 20 percent to 90 percent, depending mainly on the total enrollment of students eligible for free or reduced-price school lunches.

The funds will be accessible in January, 1998. Schools must apply to benefit from them, however, submitting applications to the e-rate fund administrator. To prepare for this, schools should be developing long-range technology plans, if they do not already have such plans. That includes assessing technology needs and making inventories of existing resources and technology.

Meanwhile, NSBA has intervened as a party opposing the first legal challenge, filed by SBC Communications, which owns Southwestern Bell Telephone Company and other telephone companies.

According to NSBA's director of federal relations, Michelle Richards, the lawsuits should not deter school boards from proceeding with any technology plans being developed to take advantage of the e-rate. Applications for the discount program should be available soon.

"These suits won't be resolved until next year, and we fully expect the program to start on time January 1," Richards said.

"We're hopeful that the courts will decide in our favor and leave the program intact," Richards adds. "And if the courts don't rule in our favor, the FCC could reconfigure the program with some elements not discounted. But we hope it won't come to that."

Meanwhile, NSBA Executive Director Anne L. Bryant was named to the 17-member board of directors of the Universal Service Administrative Company (USAC), a corporation that will administer funding for the discount program.

For details about the e-rate or when to apply for it, call the U.S. Federal Communications Commission at 1-888/CALL-FCC (1-800/225-5322).

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The amended law, contained in section 29 of the School Code (105 ILCS 5/29-3), specifically recognizes that rail crossings pose a danger that may require local districts to provide transportation for students residing within 1 1/2 miles of school.

Parents or legal guardians can petition the school board to inform the district about such a hazard. If the petition alleges that public transportation is not available, the district must conduct a study of the hazard or hazards involved. The board then must send the state an official determination as to whether the situation constitutes a serious safety hazard. The Illinois Department of Transportation (DOT) has 30 days to approve or disapprove the board's determination.

For further information, contact Alvida Petro at 217/782-5256.

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The Federal Communications Commission (FCC) amended its rules on the new program to exclude multiyear contracts for telecommunications services if they were signed between November 8, 1996, and the time when the new e-rate web site becomes operational for schools and libraries to post their requirements. The FCC expects to have the site ready in November.

The FCC order means that some recently signed master contracts are now ineligible for the universal service discounts, leaving many school districts in a "virtual black hole," NSBA said.

For example, the state-wide master contract for high school telecommunications services in Maine was signed in December 1996, and any school delivery orders placed under that contract are now ineligible for the discounts.

The discounts, worth up to $2.25 billion a year in total, were authorized by last year's Telecommunications Act.

For more information call Michelle Richards, NSBA director of federal relations, at 703/838-6208.

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Cole Award winners named

Nine Illinois newspapers received recognition in the 1997 Robert M. Cole Awards judging. 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. Newspapers are divided into two categories: those with 8,000 or more subscribers; and those with fewer than 8,000.

The Elmhurst Press, in Moline, and the Rockford Register-Star, finished second and third, respectively, among the larger newspapers. The Rockford paper won its fourth consecutive Cole Award, including two first-place honors. First Honorable Mention for large newspapers went to the Belleville News-Democrat; and Second Honorable Mention went to the Wednesday Journal, Oak Park.

Among smaller papers, the second-place winner was the Breeze-Courier, Taylorville; and the third-place winner was The Herald, Bourbonnais. Honorable Mention went to the Warrenville Post.

Nearly 100 different newspapers have received recognition in the 18 years IASB has sponsored the competition. The awards are named in honor of the Association's first full-time executive director.

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Obtaining recipes for bombs, viewing pornographic and violent material, hacking into unauthorized computer systems and downloading copyrighted materials are just a few of the potential liabilities your school may be subject to by allowing students unregulated access to the Internet at school. Potential e-mail liability exposures for your school's staff and board members are yet another problem area.

A panel session on these new exposures called "internetliability@wcsit-isda.com" will be held Saturday, November 22, 1997, from 1:30 p.m. to 3:00 p.m. in Columbus E/F Rooms, East Tower, Hyatt Regency Chicago.

Attorneys from Robbins, Schwartz, Nicholas, Lifton & Taylor and Hinshaw & Culbertson will provide practical advice on how to limit your district's liability from students accessing the Internet at school. Don't miss out on this and many other cutting-edge seminars at the Joint Annual Conference, November 21-23.

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Using free educational materials provided by the U.S. Committee for UNICEF (the United Nations Children's Fund), teachers nationwide will have the opportunity to plan lessons for their students in grades 1-12 to teach them about child labor issues. Specifically, it is hoped students may learn to distinguish between "good work," such as newspaper routes or babysitting, and "bad work" or exploitative labor, such as children working in factories for long hours every day.

To obtain these National UNICEF Month materials, call 800/FOR-KIDS or write the U.S. Committee for UNICEF at 333 E. 38^th St., New York, NY 10016. Additional information is available on the U.S. Committee for UNICEF homepage at http://www.unicefusa.org.

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Students can choose between Biology E, an ecology-based test, or Biology M, with an emphasis on molecular biology. The exam contains 80 questions, 60 of which are common to both forms of the test.

For more information, visit the College Board's Web site at http://www.collegeboard.org.

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The first product of the partnership will be development of information about how public schools are governed and how parents can become more involved. The material will be available on the World Wide Web via the FamilyEducation Network homepage at www.familyeducation.com. The online resources will complement existing information that helps parents become more involved in their children's education.

The AT&T Foundation is sponsoring the partnership's first project with a grant of $50,000, which will also support the planning phase for a subsequent initiative to create electronic dialogues between local school boards and their communities.

The FamilyEducation Network is a seven-year-old business committed to fostering parental involvement in children's education, and recently was rated the top parenting website by FamilyPC magazine (see "Parenting sitesYrated and reviewed," in the September Newsbulletin, p. 3).

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Deans' association gathering set

The convention will kick off Monday morning with a preview of the new multi-media production "Trust Me," followed by a welcome and introduction of speakers from the President of ISDA, Joy Wojitas. Subsequent activities will focus on Alternative Programs and Alternative Schools, including an expert panel presentation and discussion.

The Monday afternoon session will focus on gangs, featuring a presentation by the Illinois State Police, and on "First Class," a program devised at Deerfield High School to create a feeling of school pride within students. A reception and banquet will follow.

Tuesday morning topics will include sexual harassment, and residency topics springing from attempts to enroll nonresident students in the schools. The afternoon session will explore "common ground," with four discussion groups examining mutual problems and solutions, plus a school law presentation on changes in special education, led by Larry Janes.

The convention will finish up on Wednesday with a wide-ranging legal update from Larry Janes.

For ISDA convention registration information, contact Rich Moschel at 708/799-3000, ext. 164.

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The conference goal is for attendees to leave with a fresh understanding of technology and its potential to serve families and communities. Topics will include the impact of the Internet, new telephone technologies, television, and other media.

For more information, visit the conference home page at http://ericps.crc.uiuc.edu/fte/ftehome.html. Or contact Anne Robertson at 800/583-4135; e-mail: arobrtsn@uiuc.edu.

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The hearings in the midwest region will be November 24 in Chicago.

NSBA is urging local school board members to testify to ask the department to interpret the law in a manner favorable to school board interests.

NSBA contact: Dan Fuller, federal networks advocate, 703/838-6763.

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The study, published in the Journal of the American Medical Association September 10, says that the more teenagers feel loved by their parents and comfortable in their schools, the less likely they are to misbehave. Specifically, teens who truly feel loved are less likely to smoke, abuse alcohol or drugs, have early sex, or commit violence or suicide.

The researchers found that if parents expected teens to get good grades and refrain from sex, those expectations influenced the teens' behavior powerfully through grade 12, regardless of family income, race, or whether youths live in a home with one or two parents.

"There is a perception that pretty much after early adolescence parents surrender their influence over kids and kids become beholden to the peer group. Everything in this study suggests the contrary," says lead author Michael D. Resnick, a sociologist at the University of Minneapolis.

The study also says a school's climate is more important than the size of the school or the training of teachers. Resnick says a successful school is one where youths "have a sense of belonging, they feel that teachers care about them, and they feel that teachers are fair."

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Among the obstacles cited in Blocks to Their Future: A Report on the Barriers to Preschool Education for Homeless Children are insufficient preschool programs in public schools and lack of transportation. Other obstacles cited are failure of state officials to take the issue seriously, the transient nature of homeless families, and lack of knowledge about children's rights.

Contact: National Law Center on Homelessness and Poverty, 202/638-2535.

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The federal Education Department (ED) has indicated that new special education regulations will not require schools to continue providing special services to disabled students serving a short-term suspension.

The new federal law on special education, the Individuals with Disabilities Education Act (IDEA), generally prohibits schools from interrupting services. ED official Judith Heumann said this will not apply, however, to suspensions of 10 days or less. Heumann is ED's assistant secretary of special education and rehabilitative services.

The federal agency's stance was explained in a letter to U.S. Senator Bill Frist (R-Tennessee). The letter also suggested that "good practice" would require schools to evaluate the circumstances that led to a suspension and to assess whether the student was being served as outlined in an individualized education plan.

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After months of work, the Senate reportedly has committed to a substantial increase in special education funding, to $4.7 billion. In the House, Chairman William F. Goodling (R-Pennsylvania) and Chairman John E. Porter (R-Illinois) have agreed to pursue the Senate level of funding for special education. Funding for the current year is $3.8 billion, and the Clinton Administration proposed only $3.9 billion for 1998.

Goals 2000, currently funded at $491 million, appears to be the biggest loser in the appropriations process. The Senate bill would provide $430 million, the House $400 million. The President had requested $620 million.

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Voucher proponents in Congress are pushing hard to enact a variety of voucher schemes that use taxpayer dollars to pay for private and parochial tuition and fees. Over the coming weeks, battles will be waged over a new plan to expand the use of IRAs for private school tuition, plus a proposed voucher program in the District of Columbia.

For further information or updates on this issue, call NSBA's Legislative Hotline at 800/609-NSBA, or call Dan Fuller, federal networks advocate, at 703/838-6763.

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Doing research on topics related to rural and small schools just got easier thanks to a new online directory from a federal ERIC Clearinghouse containing 400 document abstracts. The abstracts cover the ERIC Clearinghouse on Rural Education and Small Schools areas of scope, including: Small Schools, Rural Education, Outdoor Education, Migrant Education, Mexican Americans, and American Indians and Alaska Natives. The directory is located at the following Website: http://aelliot.ael.org/~eric/bestof.html. For more information call 800/624-9120.

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A state agency has designated November 20 as Family Reading Night. While family reading is important every night, the third Thursday of each November will be observed as a special time to highlight the importance of reading. For suggestions on Family Reading Night activities, visit the website of the Secretary of State's literacy office: http://www.sos.state.il.us.

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Although it was not initially designed for college-bound students, the school-to-work approach may greatly benefit all secondary school students, especially those headed for college. So write Thomas Bailey and Donna Merritt in School-to-Work for the College Bound.

Those who worry that school-to-work jeopardizes the development of academic skills are mistaken, the authors say. The school-to-work approach imparts academic skills as well or better than traditional approaches.

In fact, many such programs are explicitly designed for college-bound students and include competitive admissions criteria, plus demanding internship experiences and advanced research projects.

The authors also stress that school-to-work programs can sometimes lead to higher college attendance rates. Apparently the career focus of the programs may encourage students to declare a college major earlier and earn college credits faster than otherwise.

The new report (37 pages) can be ordered for $7 from the National Center for Research in Vocational Education, Western Illinois University, 46 Horrabin Hall, Macomb, IL 61455; phone 800/637-7652.

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A new publication from the U.S. Department of Education's National Center for Education Statistics (NCES) offers guidelines on keeping student records private. The guidelines contained in "Protecting the Privacy of Student Records," include model procedures and policies to avert improper release of student records. The guidelines cover pertinent federal privacy procedures on parent notification, and legislation, record amendment, release, and much more. Copies are available from: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. The stock number is 065-000-01037-2, and the price is $13. Most NCES reports are also available on the Web at http://www.ed.gov/NCES/.

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DEVELOPMENTS IN SCHOOL LAW
By Melinda L. Selbee, Attorney

The officer claimed that the university's failure to provide him with notice and a hearing before the suspension violated his due process rights. The U.S. Supreme Court found that the university's interest in immediately suspending him was significant because he held a position of great public trust and high visibility. The officer's interest, in comparison, was relatively minor. Thus, the Court found that the university was not obligated to give him a pre-suspension notice or hearing. The case was remanded due to the Court's concern over the delay in holding a post-suspension hearing.

The holding in this case is very fact-sensitive. In most situations, public school districts should give an employee an opportunity to present his or her side of the story before taking any adverse employment action. Also, districts should give prompt post-suspension hearings when a pre-suspension hearing is not practicable. Gilbert v. Homar, 117 S.Ct. 1807 (1997).

In another case, the U. S. Supreme Court decided that an employer's suspension policy may cause the loss of exempt status for those employees who are otherwise exempt from overtime payment requirements under the Fair Labor Standards Act. This case involved police sergeants who claimed they were entitled to overtime pay because the city maintained a policy that included disciplinary deductions in pay.

The Court interpreted the Act to deny exempt status if there is a practice of making or policy allowing, disciplinary pay deductions. School districts should review their suspension policies to eliminate disciplinary suspensions without pay for those employees who are exempt from the Fair Labor Standards Act. Auer v. Robbins, 1997 WL 65558 (2-1997).

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An employer's sexual harassment policy may create an enforceable contract right for employees. The plaintiff in a recent Illinois Court of Appeals case was fired after reporting that his supervisor was committing acts of sexual harassment. The employee sued claiming retaliatory discharge and breach of contract.

The Illinois Human Rights Act prohibits a retaliatory discharge. Thus, the Act's jurisdictional time bar of 300 days was triggered. As the employee brought this action after that time, he could not pursue the retaliatory discharge claim under the Act.

The employee was more successful with his breach of contract claim. The employer had a sexual harassment policy which stated, in part:

Rest assured that you will not be penalized in any way for reporting harassment concerning yourself or any other person. The company will take immediate action to punish anyone who seeks reprisal as a consequence of harassment being reported.

This language created an enforceable contract right. The policy contained a clear promise that an employee would not be penalized for reporting sexual harassment; the policy was disseminated to employees; and the plaintiff accepted the offer by continuing to work after having learned of the policy. An employee, therefore, has five years to file a breach of contract claim based on an employer's harassment policy. Unfortunately, this result is difficult to avoid because sexual harassment policies should state that an employee will not be subject to retaliation for reporting of sexual harassment. Corluka v. Bridgeford Foods of Illinois, 671 N.E.2d 814 (Ill.App. 1 Dist. 1996)

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In a sexual harassment case brought by a student, the 7th Circuit Court of Appeals held that a student could maintain an equal protection claim alleging discrimination based on gender and sexual orientation. The case involved a male student who was continuously harassed and physically abused by fellow students because he was homosexual. The student repeatedly reported the harassment but was told that "boys will be boys" and that he should stop being openly gay. No action was taken against the perpetrators. The student brought a civil rights claim alleging that the school violated his Fourth Amendment right to equal protection by discriminating against him based on his gender as well as sexual orientation.

Despite the school district's anti-harassment policies, the student was harassed and battered by classmates for years. School administrators failed to enforce the anti-harassment policies, despite the student's repeated requests. The question, therefore, was whether the student was treated differently under the anti-harassment policies because of his gender and sexual orientation. The school district aggressively punished male-on-female battery and harassment. By failing to likewise punish males who harassed a male student, school officials treated male and female victims differently. Thus, the student was able to state a claim for equal protection deprivation. Nabozny v. Podlesny, 92 F.3d 446 (7th Cir. 1996).

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Quoting the competitive bidding statute, the Court emphasized that the district was bound to award the contract "to the lowest responsible bidder, considering conformity with specifications, terms of delivery, quality, and serviceability." Thus, the Court was called upon to define "serviceability" as used in the statute. It concluded that "serviceability" refers to the product being supplied, rather than the supplier's ability to provide repairs or maintenance. The competitive bidding statute's purpose also supports that conclusion; otherwise, no contractor would be awarded an out-of-town project. A school board may not, therefore, consider a bidder's response time unless such response time is included in the bid specifications. It is critical, therefore, that bid specifications include response time when such a factor is important. Doyle Plumbing and Heating Company v. Quincy Public School Board, Nos. 4-97-0198 (Ill. App. 4th Dist., 7-30-1997).

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The School Code provides state funds for the dual purpose of improving education opportunity for economically disadvantaged children and minimizing fiscal disparities of Illinois school funding. These funds are known as Chapter 1 funds. Districts are prohibited from using Chapter 1 funds for general purposes. Parents of disadvantaged children sued the Chicago Board of Education alleging misuse of these funds. The Court of Appeals found that Chapter 1 allows these parents a private right of action. The Illinois Supreme Court has accepted this case for a review. The IASB filed an Amicus Curiae brief not to defend the use of the funds, but rather to urge the Court to find that Chapter 1 does not provide a private cause of action to students or parents. Noyola v. Board of Education of the City of Chicago.

In the second case, the IASB will support the State Superintendent and the Board of Education, East St. Louis School District 189, in their efforts to overturn an appellate court decision. According to that ruling, the educational article of the Illinois Constitution provides a cause of action for students to compel a school district and school officials to provide a safe and adequate education. The State does not provide a free education, as required by the State Constitution, if that education is not provided in a reasonably adequate and safe school environment.

The IASB Amicus brief will argue that complaints regarding the adequacy of education should be addressed by the legislature rather than by judicial mandate. Lewis v. Spagnolo, No 95-ch-97 (Ill.App. 5th Dist. 1997).

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September 25: 1997 Conference School Technology Fair announcement, with application form, to district superintendents.

October 8: State Superintendent's Breakfast invitation (Conference event announcement), to district superintendents.

October 9: Announcement of IASB new member workshops and board leadership services available after the November elections, to board presidents and district superintendents.

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As of October 15, school districts had invested more than $243 million in the Illinois School District Liquid Asset Fund Plus, an investment pool that provides safe investments for school districts with immediate access to invested funds and competitive rates of return. There was an additional $110 million invested in the Max Fund, a separate portfolio that seeks higher yields by investing in permitted investments with longer securities. As of October 15, the daily rate of return was 5.10 percent, and 5.23 in the Max fund.

More than $713 million was invested in the Fixed Rate program, at rates of 5.28 percent for a 30-day certificate to 5.75 percent for a one-year certificate. For more information about ISDLAF+, call, toll-free, 1-800/221-4524.

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WANTED: Elementary district would like to buy 100 student lockers, phone 618/526-7128.

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