---

School Board News Bulletin
December 2000

---

IASB school boards vote to supplement teacher training

Thompson wins Burroughs Award

Job Bank offers one-stop shopping to fill staff vacancies

Tickets, fines reduce truancy

Terms of three state board members expire

Drug testing survey shows few districts test students

Lombard board member 'leaders are readers'

Referendum Results

2001 school board election: Calendar of key dates and deadlines

NEWS HEADLINES

THE NATIONAL SCENE

Voters reject vouchers in California, Michigan

Arlington Heights district earns video salute at NSBA technology confab

NEWS FROM IASB

Reavis accepts post as IASB Assistant Business Manager

IASB Divisions accessible via Web sites

Bartlett to join IASB as Deputy Executive Director

Newsbulletin deadlines announced

WORKSHOPS & MEETINGS

Over 200 education sessions scheduled for NSBA conference

Financial education symposium planned

RESEARCH REPORTS

Public supports standards, is uneasy about their potential misuse

TOOLS FOR SCHOOLS

Help portray public schools as they are

E-rate application deadline set for January 18

Get on-line facts about recruiting, preparing teachers

New education statistics site on the Net

ERIC database now accessible to non-English-speaking world

FEDERAL UPDATE

Board members will lobby at FRN conference

LEGISLATIVE ACTION

E-911 rules will go into effect

DEVELOPMENTS IN SCHOOL LAW

Recent mailings from IASB

In a meeting at the annual conference, IASB's Delegate Assembly decided the Association will work with the state to try to increase the supply of well-qualified teachers and substitute teachers.

One adopted resolution urges the Illinois State Board of Education to offer staff development workshops on evenings and weekends rather than during regular school hours when classes are in session. Sponsors of the plan, Brimfield C.U. District 309, said the current approach to teacher training is costly and counterproductive, taking teachers out of the classroom to attend staff development activities at an average cost of $270 per day.

Another proposal approved by local school board representatives calls for IASB to support legislation to increase the number of days during a school year that any individual may substitute teach. "School districts utilize the best substitutes most often and then when they reach the 90-day limit, they can no longer sub in that district," said a rationale submitted by the proposal's sponsor, Collinsville C.U. District 10. "The 90-day limitation needs to be removed so we can ensure an adequate pool of substitute teachers of the highest quality."

In the annual business meeting of IASB, more than 300 local school board representatives voted on resolutions that set policies for the Association for the coming year. The meeting was part of a three-day conference of public school officials jointly sponsored by IASB, the Illinois Association of School Administrators and the Illinois Association of School Business Officials.

In other voting, the Delegate Assembly adopted resolutions directing IASB to:

• support and encourage school participation in the National Fire Protection Association's campaign for home fire escape planning and practice among our member families and citizens;
• urge the governor and the General Assembly to establish education as the number one priority of state government, to increase funding of education to such levels as would be necessary to implement the constitutional requirement that the state have primary responsibility for financing the system of public education, including the funding of educational reform, and to adjust the state aid formula to offset increased inflationary costs; and
• support legislation to revise the current method of calculating poverty-level students for reimbursement under the school aid formula. The proposal suggests basing poverty counts on the number of school children eligible for free and reduced-price lunches, which is a known quantity, rather than basing it on official census counts, which can quickly become outdated.

The IASB Delegate Assembly also elected new officers to lead the Association in the coming year. Dennis McConville, of Dimmick C.C. District 175, was elected to serve as president; Christy Coleman, of Geneseo C.U. District 228, was elected to serve as vice president. Elected directors-at-large were Milt Koppenhoefer, of Metamora C.C. District 1; Michelle Skinlo, of Mattoon C.U. District 2; Debora McCleary, of Coal City C.U. District 1; and Frances Roll, of Cary C.C. District 26.

More than 5,000 board members and administrators attended the 2000 conference.

Table of Contents

Gina Thompson, president of Manteno C.U. District 5, is the winner of the 2000 Thomas Lay Burroughs Award. The award, which goes to the state's outstanding school board president, was presented by the State Board of Education at the final general session of the annual conference November 19 in Chicago.

The award is presented annually to a local school board president who has shown outstanding leadership on behalf of improved student learning, educational excellence, equal opportunity, and crisis resolution. The award is named in honor of the State Board of Education's former chairman Thomas Lay Burroughs, who died at age 40 in 1991.

Table of Contents

After a year of operation, the Illinois Education Job Bank reports it has enabled school boards and administrators to do one-stop shopping when seeking to find qualified people to fill staff vacancies. The Job Bank is located on the Web site of the Illinois Association of School Administrators (IASA) at http://www.iasaedu.org.

At the high point of job hunting season, the Job Bank had more than 55,000 "hits" or "visits" a month by districts posting their job vacancies and by job seekers browsing the vacancy list and posting their resumes online.

Since its inception in mid-1999, 690 resumes have been posted to the site by job seekers and more than 3,700 vacancies have been posted by school districts.

"We feel that the refinements improved on what has already become a very important service to our subscribers," said Walt Warfield, IASA executive director. "It has become the premier education job bank in Illinois and the technology allows us to provide that service in a quick, efficient and easy manner."

The newest feature, which went online September 11, allows candidates to apply online for posted job vacancies. This feature, combined with the online resume service, gives school districts two ways in which to consider job seekers for staff vacancies.

The resume builder, which went online December 13, 1999, allows job seekers to post their credentials with the Job Bank free of charge. School districts are then able to search for specific needs by particular certification or training as vacancies occur. Subscribing school districts are also encouraged to register their needs with the Job Bank and when a job seeker posts credentials that match those needs, the school district is notified by e-mail that such a posting has occurred.

The Job Bank also assists school districts by providing vacancy information to their regional offices of education (as required by law), as well as universities, colleges, students and other job seekers throughout Illinois with teacher and administrator education programs. Many of these schools have already added the Job Bank as a link to their home pages, allowing their students to take advantage of this service, which is more accurate and timely than the traditional job vacancy lists.

More than 600 Illinois school districts have subscribed to the Job Bank. In addition, 32 regional offices of education have taken advantage of a Job Bank offer to enroll all public school districts, special education and vocational education offices within their region for a subscription rate that is half what it would cost for each district to enroll individually.

Despite several enhancements and additional services, Warfield said subscribers will be paying the same competitive subscription rate as last year. "We are committed to continuing to improve and expand services, while keeping the Job Bank affordable for all school districts," Warfield said.

School districts interested in subscribing to this service may contact the IASA at 217/787-9306 or may subscribe online at www.iasaedu.org/JobBank/submain.htm.

Source: IASA.

Table of Contents

Truancy has plummeted 95 percent since 1998 at Washington Community High School, near Peoria, after school leaders implemented a truancy policy to issue tickets and $25 fines to truant students. Some parents have complained about the policy, employed in collaboration with a city ordinance, which tickets high school students for skipping more than one class without a valid excuse. Source: Peoria Journal Star, November 14, 2000.

Table of Contents

The terms of three members of the Illinois State Board of Education are due to expire effective the third Monday of January 2001. Members leaving the board are William E. Hill, Charleston; Sandra M. Pellegrino, Vice Chair, Peoria; and Marjorie B. Branch, Chicago. Members are appointed by the governor -- with the advice and consent of the Illinois Senate -- to serve six-year terms.

Table of Contents

District superintendents who responded to a recent survey from IASB and Western Illinois University indicated that most schools do not employ random drug testing of students in extracurricular activities. Preliminary results from 527 districts show that more than 92 percent do not employ drug testing of students. Meanwhile, 6.25 percent of districts reported that they test specified groups of students, primarily athletes. One district reported voluntary testing of all students and five other districts said they plan to initiate drug testing in the near future.

Table of Contents

School board members in Lombard District 44 are among the participants in a successful staff development program built around book discussion groups. The Leaders are Readers program impacts various levels of leadership, beginning with the school board, and extending to the administrative leadership team, and to teachers and students.

The program was launched three years ago when Superintendent Gary M. Smit adapted the "readers are leaders" slogan of a well-known publishing house to "leaders are readers," and developed a simple yet effective staff development program around the theme.

Superintendent Smit selects the books for board members and administrators to read, based on either how the topic might impact education throughout the district or how the topic might be interpreted to benefit the educational environment.

Titles discussed recently have included: The Winner Within, by Pat Riley; Restructuring Our Schools, by W. Patrick Dolan; and Basic School, by Ernest Boyer.

Besides exposing the leaders to a wider range of literature and authors, the program also has resulted in the introduction district-wide of the Integrated Management System, a data-driven, quality education assessment program. Under this system, all participants are encouraged to set meaningful goals aligned with the district's mission statement and to constantly seek to improve.

The district says the cost of the program is minimal -- only the cost of the books. There is a substantial commitment of time; however, participants say the results far outweigh the investments.

Source: Jay Wojcik, director of communications, Lombard District 44.

Table of Contents

Year 2000 election recounts are not just for Florida anymore. One Illinois school district is facing its own crucial recount. Specifically, a full district-wide recount was requested by petitioning voters in Frankfort C.C. District 157C in Will County after six additional "yes" votes turned up during a November 28 recount of four of the school district's 16 precincts. Although the election result may be overturned by the recount, the latest results show district voters rejected a proposed 25-cent operations fund tax increase by a heartbreaking two votes, 2,801-2,803.

School boards met with sub-par success in pursuing tax rate increases in the November 7 general election, with only two of 15 tax increase propositions (13.3 percent) winning voter approval. In contrast, voters approved 35 of 42 bond issues (85 percent).

While tax rate increase proposals typically meet with a low success rate in general elections, the low approval rate this November was the second lowest in any November election since 1990. It surpassed only the 11 percent approval rate of November 1996. In most years, voters approve a much higher percentage of the tax rate proposals on the November ballot (to be precise, the average tax referendum approval rate for November elections was 32 percent in the decade of the 1990s).

An analysis of the tax increase referenda results shows voters approved one of 11 education fund proposals, and none of three operations and maintenance fund proposals.

The school district winning an education fund tax rate increase was Hononegah Community High School District 207, Rockton.

School districts winning bond issue referendums included: Lincoln Elementary District 27; Atwood-Hammond C.U. District 39; Cerro Gordo C.U. District 100; Deer Creek-Mackinaw District 701; Fieldcrest C.U. District 6; West Northfield District 31, Northbrook; Glenview C.C. District 34; Glencoe District 35; Ridgeland District 122, Oak Lawn; Bismarck-Henning District 1; Potomac C.U. District 10; Carlyle C.U. District 1; Iuka C.C. District 7; Belvidere C.U. District 100; Community Unit District 300, Carpentersville; Geneva C.U. District 304; McHenry Community High School District 156; Huntley District 158; Rockford District 205; Hononegah Community High School District 207, Rockton; South Beloit District 320; Lake Villa C.C. District 41; Woodland District 50; Lake Zurich C.U. District 95; Fox Lake Grade School District 114; Antioch Community High School District 117; Barrington District 220; Unity Point District 140, Carbondale; Dongola Unit District 66; Collinsville C.U. District 10; Steeleville C.U. District 138; Serena C.U. District 2; Brown County C.U. District 1, Mt. Sterling; Beardstown C.U. District 15; and Schuyler County C.U. District 1, Rushville.

All of these successful bond questions were building bond issues, however the lone working cash bond proposal on the ballot won voter approval. It was adopted in Schuyler County C.U. District 1, Rushville.

As mentioned in the November Newsbulletin, property tax extension limitation proposals were approved in three counties -- Greene, Massac and Shelby -- but were rejected in Franklin County. Meanwhile, a district consolidation proposal was defeated by voters near Wilmington in Grundy County. The proposal would have consolidated Gardner C.C. District 72C, Gardner-South Wilmington Township District 73, South Wilmington C.C. District 74, and Braceville District 75 to establish a unit school district.

Three of seven proposals to elect school board members at-large won voter approval. Voters approved such proposals in Pearl City District 200, Greenview C.U. District 200, Cerro Gordo C.U. District 100. Voters also approved a referendum in Albers District 63 in Clinton County to increase the number of members of the local school board.

Voters in Bradford C.U. District 1 agreed on a proposition to deactivate the local high school. But voters in three Vermilion County school districts said no to a plan to form a co-operative high school.

For further details about what passed and failed, and more, see the January-February 2001 issue of The Illinois School Board Journal.

Table of Contents

With the November elections now past, many boards are looking with renewed interest to the April 2001 elections, the time for election of new board members and for placing still-needed referendum questions on the ballot. Below is a list of board secretary duties, board of education duties and important dates for candidates for the April 2001 school board election.

Please note: Information in parentheses refers to the appropriate statute. Chapter 5, Act 420 of the ILCS contains the Illinois Governmental Ethics Act, Chapter 10, Act 5 of the Illinois Compiled Statutes is The Election Code, while Chapter 105, Act 5 of the ILCS is The School Code.

Friday, January 5 -- Last day to publish notice of the time and place for filing nominating petitions for the April 3, 2001 school board election. This is optional. (School Code 9-10)

Monday, January 15 -- First day to file nominating papers with the board secretary for candidates for the April 3, 2001 school board election, if the school district office is open on this day. (School Code 9-10 and Election Code 1-6 and 10-6)

Tuesday, January 16 -- First day to file nominating papers for candidates for the April 3, 2001 school board election in school districts where the office is closed on January 15 in observance of Martin Luther King's Birthday. (School Code 9-10 and Election Code 1-6 and 10-6)

Tuesday, January 23 -- Last day to file nominating petitions with the board secretary. (School Code 9-10 and Election Code 1-6 and 10-6)

Also -- Last day for the school board secretary to notify candidates, in writing, of the acceptance of their nominating papers. (School Code 9-10)

Also -- Last day for candidate to file receipt for Statement of Economic Interests to accompany nominating papers. (School Code 9-10 and Illinois Governmental Ethics Act 420/4A-105)

Thursday, January 25 -- Last day for board secretary to provide written Notice of Simultaneous Filing Lottery if lottery is to be held on February 1, the last available day. The law requires notice of at least seven days before the lottery. (School Code 9-11.1 and Election Code 10-6.2)

Tuesday, January 30 -- Last day to file objections to the nominating papers of candidates who have filed for the April 3 school board election. (Election Code 10-8)

Also -- Last day for a candidate who has filed petitions for two seats (full and partial terms) to withdraw one or the other. (Election Code 10-7)

Thursday, February 1 -- Last day for board secretary to hold lottery to establish the order of names on the ballot in the event of simultaneous candidate filings. (School Code 9-11.1 et seq. and Election Code 10-6.2)

Also -- Last day for board secretary to certify candidates to the election authority (county clerk or election commission in some locales) for the April 3 school board election. (Election Code 10-15)

Also -- Last day for board secretary to certify public policy questions to the election authority for referendum at the April 3 election. (Election Code 28-5)

Also -- Last day candidate may file notarized papers withdrawing nomination. (Election Code 10-7)

Tuesday, April 3 -- Consolidated Election Day.

Thursday, April 5 -- Last day for election authority to transmit results of April 3 election to the board secretary. (Election Code 17-22 and 18-14)

Friday, April 6 -- Last day for the board secretary to transmit election results to the school board. (Election Code 17-22, 18-14 and 22-8)

Friday, January 26 -- Last day for the school board to adopt a resolution putting public policy questions on the ballot for the April 3 election. Resolution must provide wording for ballot proposition. (Election Code 28-2)

Tuesday, April 10 -- Last day for the school board to meet, canvass the precinct returns, and transmit certificates of results of school board election and any referendum to the election authority. (School Code 9-18 and Election Code 22-17, et seq.)

Also -- Board of education is required to immediately transmit a signed copy of its abstract of votes to the election authority with a copy to the State Board of Elections. (Election Code 22-18)

Also -- Although the timing is not specified in statute, board members elected on April 3 to fill partial terms should be seated immediately following the canvass and declaration of winners.

November 6 to 13 -- Time period during which school board must reorganize by seating members elected to full terms at the April 3 election, electing officers and setting a time and place for regular meetings. (School Code 10-5 and 10-16)

Monday, January 15 -- First day that candidates for the April 3, 2001 school board election may file nominating papers with the board secretary if the school district office is open on this day. (School Code 9-10 and Election Code 10-6)

Tuesday, January 16 -- First day to file nominating papers for candidates for the April 3, 2001 school board election in school districts where the office is closed on January 15 in observance of Martin Luther King's Birthday. (School Code 9-10 and Election Code 1-6 and 10-6)

Tuesday, January 23 -- Last day to file nominating petitions with the board secretary. (School Code 9-10 and Election Code 1-6 and 10-6)

Also -- Last day for candidate to file receipt for Statement of Economic Interests to accompany nominating papers. (School Code 9-10 and Illinois Governmental Ethics Act 420/4A-105)

NOTE: As a practical matter, the Statement of Economic Interests for 2001 must be filed between January 1 and January 23 for any incumbent board member seeking re-election as well as for any new candidate.

Thursday, February 22 -- Last day for organizations to register poll-watchers with the election authority. (Election Code 17-23)

Tuesday, March 20 -- Last day for election authority to have poll-watchers' credentials available for distribution. (Election Code 17-23)

Tuesday, March 27 -- Last day to file a declaration of intent to run for the school board as a write-in candidate at the April 3 election. Within five days after the Board of Education proclaims winners, a successful write-in candidate must file a statement of candidacy and a county clerk's receipt for the Statement of Economic Interests. (Election Code 17-16.1 and 18-9.1)

Friday, March 30 -- Last day for the election authority to have ballots printed and available for inspection by candidates and their agents for the April 3 election. (Election Code 5/16-5).

Table of Contents

---

NEWS HEADLINES

---

News headlines from the past month ... Horace Mann, the Springfield-based group insurance provider, cuts 36 jobs to meet profit expectations. It also creates a new subsidiary to help school districts "determine the best group policy purchases." (Dec. 7, Springfield Journal Register) ... American eighth graders continue to score just above average in math and science, compared to the rest of the world according to a new international study (Dec. 6, Reuters news service) ... Springfield District 186 school board reverses its decision to create three high school diplomas to reflect different levels of achievement. Community opinion was divided over the need to award general, merit and honors diplomas, based on academic achievement, test scores and extra-curricular activities (Dec. 5, Springfield State Journal Register) ... Prompted by years of complaints from doctors and parents, schools across the country are trying to ease the physical stress from heavy backpacks. Schools are using chiropractors to teach posture techniques, others are prohibiting backpacks during the school day, while others are duplicating materials so that students don't have to carry books home (Dec. 1, The Associated Press) ... An appeals court denies a motion that would have ended federal desegregation oversight in Charlotte-Mecklenburg, N.C., where busing policies were invoked for the first time-ever in 1969. The panel found that the district remained segregated in student assignments, school locations, transportation policies and student achievement levels (Dec. 1, The Associated Press) ... Illinois students have a greater chance of going to college than if they lived in many other states. But "Measuring Up 2000," a report from the National Center for Public Policy and Higher Education, also said fewer opportunities exist for the state's poor and minority students (Dec. 1, Copley News Service) ... Drug thefts from school offices are being reported and prosecuted with increasing frequency, and federal officials announced they will investigate public elementary and secondary schools to address the issue (Nov. 27, USA Today) ... The State Board of Health has decided against issuing a mandate for chickenpox vaccinations -- for now, although the board also decided to revisit the issue in March. Meanwhile, the Illinois Department of Public Health will collect additional information on the vaccine and its effects. Some parents have expressed concerns about requiring the shots. Public health department Director John Lumpkin will make the final decision on the subject. Roughly 4 million Americans contract chickenpox each year, and about 100 of these cases prove deadly. Twenty-four states require chickenpox vaccinations (Dec. 8, Copley News Service).

---

THE NATIONAL SCENE

---

Voters reject vouchers in California, Michigan

By margins wider than 2-to-1, voters in Michigan and California voted down school voucher plans, overcoming multimillion-dollar media blitzes from well-financed voucher backers.

"The voters have rejected vouchers, no matter how you cut it," said Jeff Horton, president of the California School Boards Association. "This is a big boost for local school governance," he said. "There is no groundswell of support for vouchers. There is overwhelming consensus that time, money, and resources should be used to continue to improve our public schools through smaller class sizes, better facilities and improved teacher training -- an approach that benefits all students."

California's Proposition 38 would have offered all parents vouchers worth up to $4,000 per child for tuition at private schools, including religious schools.

The Michigan plan would have allowed vouchers to help pay for private school costs for students in public schools where fewer than two-thirds of students graduate, or if a majority of the school board or local voters approve.

Source: NSBA News Service, November 21, 2000.

Table of Contents

Arlington Heights district earns video salute at NSBA technology confab

Township High School District 214, Arlington Heights, was one of three school districts in the nation chosen by NSBA to receive a District Video Salute at NSBA's annual Technology and Learning Conference October 25-28 in Denver. The award is designed to recognize districts for creating improved teaching and learning environments through the use of technology.

In order to be selected for the award, a school district must belong to NSBA's Technology Leadership Network (TLN). Currently there are 508 TLN districts in the United States. Award winners were selected from among 20 applicants by a panel of educators.

District 214, led by District Superintendent Elizabeth Ennis, and Board President Miriam Cooper, developed a strategy to update the district's technology. The district therefore was able to provide students and staff with relevant computer equipment, functioning networks, staff development, and support services.

Keith Mann, director of media network services for District 214 stated, "The development and use of our Centers for Applied Technology and our Foreign Language Labs have truly illustrated how technology increases engaged learning." The district also collaborated with staff and created the Voluntary Technology Staff Development Program to help all staff take advantage of professional development opportunities with technology.

"Our board represents our community and their support has been steadfast," continued Mann. "Feedback from our Community Technology Advisory Committee has been extremely positive," he added.

The District Video Salutes are an initiative of NSBA's education technology department, ITTE. For more information about the program and award criteria, visit NSBA's Web site at http://www.nsba.org/T%2bl/attendees/SchoolDistSalute.html.

Source: NSBA Web site, and District 214 news release of October 31, 2000.

Table of Contents

---

NEWS FROM IASB

---

Reavis accepts post as IASB Assistant Business Manager

Marge Reavis of Springfield has accepted a position with IASB as Assistant Business Manager. She comes to the Association directly from Levi Ray & Shoup, Inc. and previously worked more than 20 years with Town and Country Bank as Assistant to the Trust Officer. She joined IASB November 27 and her main assignment is to assist the Chief Financial Officer with day-to-day duties. She also will serve as the payroll officer.

Table of Contents

IASB Divisions accessible via Web sites

IASB's Web site now boasts links to division Web sites for all 21 IASB divisions. Visitors can use the pop-up menu to proceed directly to the appropriate page for each division; there you will find a list of division officers and upcoming division events, along with a directory of area school attorneys, and much more. Click on "IASB Division Pages" from the IASB homepage to access the division Web sites.

Table of Contents

Bartlett to join IASB as Deputy Executive Director

Mike Bartlett of Jacksonville has accepted the position of Deputy Executive Director and will join IASB January 2, 2001. This position will serve as an in-house manager at Association offices in both Lombard and Springfield. Duties will include all hiring, and developing and implementing an evaluation process. Bartlett has had 12 years experience in teaching and coaching. The past 15 years he has worked in the department of corrections education programs and most recently served as the internal audit liaison coordinating the institutions' internal system of operation and program audits.

Table of Contents

Newsbulletin deadlines announced

The monthly deadlines for submitting information to the Illinois School Board Newsbulletin in 2001 have been tentatively set for January 10, February 13, March 12, April 10, May 10, June 11, July 10, August 10, September 10, October 10, November 13, and December 10. Anticipated publication dates are January 24, February 27, March 26, April 24, May 24, June 25, July 24, August 24, September 24, October 24, November 27, and December 28.

Table of Contents

---

RESEARCH REPORTS

---

Public supports standards, is uneasy about their potential misuse

New research finds little public backlash against the standards movement, but much suspicion about high-stakes testing. A national survey released in October by the Public Agenda suggests that the backlash against the standards movement has been overstated. The survey of 803 parents whose children attend public schools shows that 60 percent "strongly approve" and 21 percent "somewhat approve" of requiring "students to meet higher academic standards in order to be promoted or to graduate." A survey released in September by the Business Roundtable found similar results.

Both surveys show, however, that people are uncomfortable about making important decisions on a child's future based on a single test. Over 75 percent of the parents polled by Public Agenda agree that "it's wrong to use the results of just one test to decide whether a student gets promoted or graduates."

Source: Member Insights, Colorado Association of School Boards, November/December 2000.

Table of Contents

---

WORKSHOPS & MEETINGS

---

Over 200 education sessions scheduled for NSBA conference

The National School Boards Association's 61st Annual Conference in San Diego, California, March 24-27, 2001 reportedly will feature a wide variety of professional development workshops to help school district officials expand their efforts on behalf of their students and their community.

More than 200 sessions -- with topics ranging from successful governance models to classroom workstation repetitive motion and its effect on student achievement -- are scheduled for the NSBA conference, the largest national meeting of public officials. Also featured are 12 special exhibitor workshops and over 90 "education excellence" fair entries from across the country.

The conference has also confirmed several prominent speakers for the general sessions: former astronaut and Senator John Glenn, renowned actor James Earl Jones and author and activist Jonathan Kozol.

Complete conference information is available on the NSBA Web site: www.nsba.org/conference. Source: NSBA.

Table of Contents

Financial education symposium planned

State Treasurer Judy Barr Topinka's office has announced the scheduling of two new Financial Education Symposiums. On Wednesday, January 17, 2001, a Public Investors' Financial Symposium is scheduled at the McDonald's Lodge in Oak Brook. On April 17 and 18, 2001 Treasurer Topinka will sponsor her fourth two-day advanced Financial Symposium in Springfield at the Crowne Plaza Hotel. Look for the invitations, with all details, in the mail. If you have any questions, please contact Bob Kogut at the Treasurer's office at 312/814-1700.

Table of Contents

---

TOOLS FOR SCHOOLS

---

Help portray public schools as they are

Television dramas such as Boston Public may be skewing the public's view of public schools, according to Karen H. Kleinz, associate director of the National School Public Relations Association. In the season premiere, she notes, a teacher wielded a gun with blanks to terrify an unruly class of students, and a teacher was apparently having an affair with a female student. Kleinz' prescription for countering this negative image making is a proactive outreach to school communities to "show the public what really goes on in our schools," including:

1. airing video of real classrooms in action on cable access stations or at civic and community group meetings;
2. inviting community leaders to shadow a principal or a teacher for a day;
3. having students host VIP tours of the schools;
4. communicating regularly with a "key communicators network" about the issues and challenges as well as the good news about the district;
5. teaching all staff to be ambassadors for education;
6. holding classes for parents and students on critical television viewing, which teaches about stereotypes, violence and aggression in the media; and
7. making sure district policies on weapons, sexual harassment, threats, athletic eligibility and other issues are up to date and clearly communicated.

For more information, send e-mail queries to: kkleinz@nspra.org. Source: NSPRA Network, November 2000.

Table of Contents

E-rate application deadline set for January 18

Schools can now apply for e-rate discounts on telecommunications services, Internet access and internal connections for Year Four (July 1, 2001 -- June 30, 2002) by filing FCC forms 470 and 471. The forms may be filed online via the Schools and Libraries Division (SLD) Web site, http://www.universalservice.org (click the "apply online/view forms" button). The forms also are available via fax-on-demand at 800/959-0733.

Table of Contents

Get on-line facts about recruiting, preparing teachers

Information about recruiting and preparing teachers is available online through the U.S. Department of Education's Teacher Quality Web site. The site also contains information on professional development, speeches, studies and classroom resources. It serves as a place, as well, for teachers to share their wisdom on everything from class size to mentoring. Access the site online at www.ed.gov/inits/teachers/teach.html.

Table of Contents

New education statistics site on the Net

A noteworthy Web site, the Encyclopedia of Education Statistics, brings together data from several sources published by the National Center for Education Statistics, including the Condition of Education, Digest of Education Statistics, and Projections of Education Statistics to 2008. Visit the site at nces.ed.gov/edstats/.

Table of Contents

ERIC database now accessible to non-English-speaking world

The ERIC database now is accessible to the non-English-speaking world. Effective immediately, teachers, researchers and other members of the public can search the ERIC database in German and Spanish (as well as English) at http://SearchERIC.org. A link to ERIC is available on IASB's Web site. Source: Educational Resources Information Center (ERIC).

Table of Contents

---

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

---

The litigation involving school desegregation has been long and arduous for the Rockford Board of Education. The issues have been mostly district-specific. The one exception is the action brought by tax objectors challenging the real estate taxes levied by the school district under the Tort Immunity Act. These levies were made to fund the desegregation remedies agreed to in a separate federal court action.

People Who Care, the name of the federal class action plaintiffs, appealed the circuit court's ruling in favor of the tax objectors. At this point, the IASB and IASA began to take notice. These school management associations wanted to support local school board authority and autonomy. The IASB and IASA joined the Chicago Board of Education and filed an Amici brief in support of the People Who Care's position, i.e., that the Tort Immunity Act authorizes a school board to levy taxes under the Tort Immunity Act to fund equitable remedies.

The Illinois Supreme Court did not agree with our position. Instead, the Court made a very rigid distinction between legal damages and equitable relief. The Tort Immunity Act empowers a school board to "pay any tort judgment or settlement for compensatory damages for which it is liable... ." According to the Supreme Court, "compensatory damages" does not include injunctive or equitable remedies. Thus, the only type of tort judgment or settlement for which a school board may use the Tort Immunity Fund is a monetary award. The Tort Immunity Fund may not be used to pay the costs of complying with a court order to do something or to refrain from doing it. In re. Consolidated Objections to Tax Levies of School District No. 205, No. 88267 (Ill. Sup. Ct. 2000).

Distraught parents across the country continue to search for ways to obtain money damages from a school for the sexual harassment their child endured while there. Two Illinois parents recently tried using a Illinois constitutional provision that states: "The equal protection of the laws shall not be denied or abridged on the account of sex by the State or its units of local government and school districts."

Two classmates sexually grabbed Amy at her junior high school. Her parents attempted to obtain money damages from the district for failing to adequately respond to peer sexual harassment contending the district violated the Illinois constitutional provision quoted above. However, that constitutional provision does not contain a self-execution clause similar to that found in other provisions. Absent a statement that the constitutional right is enforceable without legislative action, a private right of action does not exist. Teverbaugh v. Suburban School Cooperative, No. 96 L 05693 (2000, Ill. App. 1st Dist.).

Tenure rights are subject to the School Code, as amended from time to time

In 1998, the Illinois Legislature amended the School Code to require a teacher's dismissal if a juvenile court finds the teacher guilty of sexual or physical abuse of a minor. Does this provision allow or require a school board to dismiss a tenured teacher who was found guilty in 1997 of sexually assaulting his daughter? Yes, according to a recent appellate court decision.

The teacher in question denied sexually abusing his daughter and blamed a nasty divorce for the allegation. He urged the court to overturn his dismissal, asserting that his vested rights and employment contract were unconstitutionally impaired. A public school board may not retroactively apply a law that takes away or impairs vested rights acquired under existing law, such as tenure or a pre-existing contract right. Neither of these arguments was persuasive. When a teacher is on tenure, the terms and conditions of employment are still subject to the provisions of the School Code and lawful district policies. Panzella v. River Trails School District, No. 1-99-1923 (2000, Ill. App. 1st Dist.).

In two recent tort actions, the Fifth District Court of Appeals rejected districts' arguments that they were immune from liability. The Tort Immunity Act grants public school districts immunity from negligence in limited situations. In every negligence case, district counsel scour the Tort Immunity Act, as well as the School Code, to find applicable provisions immunizing the district. In these recent decisions, the court refused to find an immunity provision applicable.

In Harrison v. Hardin County Community Unit School District, No. 5-99-0225 (2000, Ill. App. 5th Dist.), the plaintiff was injured in an auto accident caused by a Hardin County CUSD student losing control of his car in the snow. The injured woman alleged the accident was the district's fault because the principal refused to let the student go home earlier in the day. Immunity attaches under the Tort Immunity Act when an injury results from an "act or omission in determining policy when acting in the exercise of such discretion." Said the court: "The act or omission must be both a determination of policy and an exercise of discretion." Here, the court found the principal's decision "involved discretion in carrying out established procedure." Thus, the court refused to apply immunity. The IASB, IASA, and Chicago Board of Education are filing a joint Amici Curiae brief in support of Hardin County CUSD's appellate efforts.

In Capps v. Belleville School District 201, No. 5-99-0228 (2000, Ill. App. 5th Dist.), a student sued the school district for damages incurred when she fell from an accessibility ramp when leaving the gymnasium. The school argued the applicability of a provision immunizing a public entity for an injury where the liability is based on "the existence of a condition of any public property intended or permitted to be used for recreational purposes... ." The court found that the accessibility ramp was located outside the gym and thus was not recreational property. The court also rejected the school's effort to apply the Tort Immunity Act's section granting immunity when a plaintiff's injury results from an "act or omission in determining policy when acting in the exercise of such discretion."

The Illinois Council of School Attorneys (ICSA) annually presents a school law program on the Friday of the Joint Annual Conference. A. Lynn Himes, the ICSA Chairman, hosted this year's program. He is a partner with the Chicago law firm of Scariano, Ellch, Himes, and Petrarca. After a few business items concerning ICSA were completed, Himes introduced the first speaker, the IASB director of advocacy, Ben Schwarm. He gave his perceptions of the veto session and the upcoming legislative session.

"Board Governance Bits and Best Practices" was the first panel. Patricia Whitten, Franczek Sullivan P.C., Chicago, discussed "E-Meetings and Electronic Communications." She explained how the Open Meetings and the Freedom of Information Acts restrict electronic communications by board members. She had some general suggestions for board members:

1. When possible, do not communicate with other board members regarding board business by e-mail.

2. Completely avoid electronic discussions of specific matters that are likely to be acted upon by the board.

3. When you do communicate with a board member by e-mail, do not forward or copy the communication to other board members.

4. Designate a school official with responsibility to store records of school-related electronic communications by board members and copy all such communications to that official.

5. Establish one place to store all school-related electronic materials you receive or maintain and keep everything there.

The first panel continued with an update of the Gift Ban Act, presented by Mat Delort, Robbins, Schwartz, Nicholas, Lifton & Taylor, Chicago. Delort described the Will County decision in which a judge struck the entire Gift Ban Act. He cautioned school lawyers, however, to rely on the exemptions from the Act's ban until the Illinois Supreme Court addresses the Act's constitutionality.

Dana Eastman, Thomas, Mottaz, Eastman & Erthal, Alton, was the next presenter. He addressed the legal consequences that follow a board member's breach of a fiduciary duty or failure to keep confidential materials confidential. He stressed, however, the most significant aspect of confidentiality is practical: mutual trust among board members, free and open communication, and cooperation for majority decision. The final speaker for this panel was Melinda Selbee, IASB General Counsel. She explained how the IASB's policy services advance the principles of effective governance.

The next panel concerned student issues. Robert Branson, Ward, Murray, Pace & Johnson, Sterling, addressed recent cases involving searches of students. Branson also covered the trends in litigation involving student drug testing. The next student issue was presented by John Izzo, Scariano, Ellch, Himes, and Petrarca, Chicago Heights. Izzo discussed the need to consider student privacy rights when creating electronic records as well as when complying with reciprocal reporting requirements. Merry Rhoades, Robbins, Schwartz, Nicholas, Lifton & Taylor, Collinsville, provided a special education update. She critiqued the document prepared by the Illinois State Board of Education that provides guidance regarding services to students with disabilities enrolled in private schools.

The third seminar panel was on school business issues. Heather Brickman, Hodges, Loizzi, Eisenhammer, Rodick & Kohn, Arlington Heights, discussed construction manager contracts. Brickman highlighted the differences between a contractor and construction manager. Contracts for the former, she concluded, must be bid, whereas contracts for construction managers arguably fall under the bidding exemption for contracts for services from individuals possessing a high degree of professional skill. This issue, Brickman noted, is pending before the Court of Appeals. Jeff Funk, Miller, Tracy, Braun, Funk & Paisley, Monticello, gave his insights into opposing a TIF. Funk discussed the Illinois Supreme Court's disappointing refusal to hear an appeal of an order approving the TIFing of vacant farmland. Peter Wilson, Mickey, Wilson, Weller & Renzi, Aurora, discussed developer donation agreements and the applicability of zoning and building codes. Wilson provided many practice tips as well as a sample Developer Donation Agreement.

The final presenter for the School Law Seminar was Michael Duggan, Klein, Thorpe & Jenkins, Chicago. He gave his spin on the many unanswered legal issues involved in the teacher recertification process. An unusual event for lawyers occurred -- they all agreed: the presenters at the 2000 Seminar on School Law provided valuable insight into current school law issues and that the program was a success.

Table of Contents

---

LEGISLATIVE ACTION

---

E-911 rules will go into effect

The Illinois Senate recently approved a resolution (SJR 77) that would have further suspended the Illinois Commerce Commission (ICC) rules designed to include school districts under the enhanced 911 telephone system mandate. The resolution, which passed the Senate 57-0, failed to get past the House Rules Committee and was never called for a vote in that chamber before the legislature finished its work for the fall veto session November 28.

The ICC rules were suspended in June by the legislature's Joint Committee on Administrative Rules (JCAR). The rules suspension was for 180 days. The only way for JCAR to suspend the rules beyond that time was by passing the joint resolution in both houses. Because the resolution was not approved in the House, however, the ICC rules will go into effect December 9. Yet the ICC has no enforcement authority for this regulation. JCAR members have vowed to take the issue up again in January.

Lawmakers will return to Springfield January 8, 2001. The House and Senate will then have two days to complete the work of the 91st General Assembly before the new 92nd General Assembly is sworn in on Wednesday, January 10, 2001.

Table of Contents

---

FEDERAL UPDATE

---

Board members will lobby at FRN conference

A delegation of IASB school board members will join hundreds of other board members from across the nation in Washington, D.C. to meet and lobby federal officials at the Federal Relations Network (FRN) conference February 4-6, 2001. The occasion is the 28th annual FRN conference, an opportunity to express the concerns of local boards of education to congressional representatives and other national leaders. The FRN is a nationwide organization of local school board members -- one for each congressional district -- coordinated by the National School Boards Association (NSBA).

The theme of this year's FRN Conference is "School boards and Congress: Partners for excellence and equity in public education." The lobbying effort will focus on: making sure Congress does an effective job in the reauthorization of the Elementary and Secondary Education Act this year; increasing the federal investment in education; and defeating proposals that undermine public education. A full day of Capitol Hill lobbying on these issues is set for February 6. For more information call NSBA at 800/950-6722.

Table of Contents

---

Recent mailings from IASB

---

Not all IASB mailings are sent to all school board members. For speed or economy, some mailings are sent only to the board president or district superintendent. Here is a list of such items mailed recently. For more information about any item, contact your board president or district superintendent or get in touch with IASB.

October 30: Announcement of upcoming Job Fair, to district superintendents.

November 8: Announcement of professional advancement seminars on seeking the superintendency, to superintendents.

Table of Contents

IASB ARCHIVES HOME

Illinois Association of School Boards

2921 Baker Drive
Springfield, Illinois 62703