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School Board News Bulletin
December 1998

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Palatine district wins high-tech program recognition

School administration myths exploded

Lawmakers amend tort immunity law

Referendum Results

Seamon award winner calls for funding formula change

Illinois Teacher of the Year shares credit

Conference "hunt" winner named

FEDERAL UPDATE

E-rate funding letters for school technology mailed

Supreme Court declines a hearing for Milwaukee voucher case

TOOLS FOR SCHOOLS

Hammerstein musical revue teaches tolerance

Women’s history catalog published

Directory of operating grants offered

National community education association posts web site

DEVELOPMENTS IN SCHOOL LAW

RESEARCH REPORTS

If used properly, computers can raise student achievement

Black parents prefer academics over integration

WORKSHOPS & MEETINGS

Technology briefing set for school leaders

THE NATIONAL SCENE

Governors are hot: (teacher) subs are not

Major Appellate Court ruling issued on drug testing

Recent mailings from IASB

Community Consolidated District 15 in Palatine was honored for its outstanding technology program during the National School Boards Association’s Technology & Learning Conference in Nashville, Tennessee, October 29-31.

NSBA’s Technology Leadership Network presented the Palatine school district the Reed Hundt award, named for the former Federal Communications Commission (FCC) chairman. One of the district’s innovative projects is the conversion of a school bus into a "space shuttle" to bring hands-on math and science activities to its 19 schools.

Another District 15 project is the Senior Exchange Program, which brings senior citizens to the schools to help students work with computers.

"We are very proud of receiving this national recognition and being the first recipient of this award in technology," said John Conyers, District 15 Superintendent. "Congratulations to the board of education for its support and to our staff members for their innovative work in the use of technology."

The district also was recognized by NSBA as a "salute district" for its use of technology in curriculum.

The district also will be host to a 1999 technology site visit March 24-26. Educators from across the United States and Canada are expected to participate in the three-day conference. For more information about the on-the-site visit, phone Anne Flynn, manager of NSBA technology programs, at 703/838-6764.

Other winners of the Reed Hundt award were school districts in Houston, Texas, and Lake Orion, Michigan. The technology conference also showcased high-tech arts projects carried out by school districts in three states.

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School administration myths exploded

School boards are being wrongly criticized for hiring too many administrators and spending too much on administration at the expense of instruction, according to a report by the Educational Research Service.

ERS President John M. Forsyth explained, "The myths about school administrators too often continue to demean the dedicated professionals who lead our nation’s schools."

School Administration Under Attack: What Are the Facts? says the number of administrators in public schools compares favorably to the number of executive and managerial staff in business and industry in general.

The number of administrators actually has decreased over the past 35 years, the study reports, primarily due to the consolidation of school districts and schools. At the same time, however, the goals of education have broadened to include education to meet the special needs of gifted, disabled, and disadvantaged students.

Over the past 15 years, the average percentage of school district budgets allocated for administration has declined slightly, from 4.7 percent to 4.5 percent. During the same period, the budget allocated to instruction has increased from 63.4 to 69.8 percent.

To order the report, contact: ERS Publication Orders, 800/791-9308.

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Lawmakers amend tort immunity law

The Illinois General Assembly met in early December to complete the work of the fall veto session. Two vetoed bills were of interest to school boards:

H.B. 1151 amends the Tort Immunity Act to provide that the standard for maintaining an action against a governmental entity or governmental employee, including a school district, shall be based upon whether the conduct at issue is "willful and wanton."

Governor Edgar altered the bill through amendatory veto to provide a "more precise amendment to address that issue without eroding the tort immunity that is essential to the effective delivery of government services that traditionally has been afforded local government entities." Both houses voted to override the Governor’s veto. The bill now becomes law in the form originally approved by the General Assembly.

H.B. 2370 codifies at the state level the federal Religious Freedom Restoration Act and provides that state or local government may not substantially burden a person’s exercise of religion.

Governor Edgar amendatorily vetoed the bill to exempt jails and prisons from the bill. Both houses voted to override the Governor’s veto. The bill now becomes law in the form originally approved by the General Assembly.

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Referendum Results

Districts winning tax rate increases this time were: Winfield District 34; Hinckley-Big Rock District 429; River Trails District 26, Mt. Prospect; Pennoyer District 79, Northridge; Union Ridge District 86, Harwood Heights; River Forest District 90; and Chaney-Monge District 88, Crest Hill. Kinnikinnick C.C. District 131, in Roscoe, passed a tax increase proposition and also won voter approval to issue building bonds.

Other districts boasting successful building bond issues included: South Fork C.U. District 14, Kincaid; Blue Ridge District 18, Farmer City; Mt. Zion C.U. District 3; Chatham C.U. District 5; Divernon C.U. District 13; Rochester C.U. District 3A; Peoria Heights C.U. District 325; Illini Bluffs C.U. District 327, Glasford; Fieldcrest C.U. District 6, Minonk; Durand C.U. District 322; Skokie Fairview District 72; New Trier Township H.S. District 203; Cicero District 99; Blue Island District 130; Tinley Park C.U. District 146; Consolidated H.S. District 230, Orland Park; Berwyn North District 98; Community High School District 99, Downers Grove; Gibson City-Melvin-Sibley District 5; Tri-Point District 6-J, Kempton; Queen Bee District 16, Glendale Heights; Lombard District 44; Center Cass District 66, Downers Grove; Indian Prairie District 204; and Hamilton County C.U. District 10, McLeansboro.

Other building bond issue winners were: Field C.C. District 3, Texico; Mount Vernon District 80; Norris-City-Omaha-Enfield C.U. District 3; Westville C.U. District 2; Sandwich District 430; Aurora East District 131; Central C.U. District 301, Burlington; Oswego C.U. District 308; Alden-Hebron District 19 (a proposal that won by only 3 votes); Johnsburg C.U. District 12; McHenry C.C. District 15; Huntley District 158 (2 separate bond issues approved); Big Hollow District 38, Ingleside; Waukegan C.U. District 60; Grayslake Community H.S. District 127; Eastland District 308; Polo C.U. District 222; Dakota C.U. District 201; Danville C.C. District 118; Murphysboro District 186; Elverado District 196; New Simpson Hill District 32, Tunnel Hill; Herrin District 4; Carterville C.U. District 5; Wolf Branch District 113, Swansea; Dupo C.U. District 196; Belleville Township H.S. District 201; Manteno C.U. District 5; Newark C.U. District 66; Plano C.U. District 88; Troy C.C. District 30; Beecher District 200U; Plainfield C.C. District 202; Robinson C.U. District 2; and Wabash District 348.

In addition, voters approved tax extension propositions in Christopher C.U. District 38; and in Grass Lake District 36, Antioch. Voters approved proposals to elect school board members by subdistrict in Urbana District 116; and in Lawrence County District 20, Lawrenceville.

Voters imposed countywide tax caps in all three counties where such proposals were on the ballot: Jefferson, Marion, and Washington Counties.

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Seamon award winner calls for funding formula change

The winner of IASB’s highest honor, the Hal Seamon Award for Distinguished Service, Benjamin Hubbard, says the state aid resource equalizer formula he played a major role in creating should be revisited.

"Politics has gotten into it," he explains. "It was passed as a good formula, but they’ve changed it in so many ways."

Hubbard, a former professor at Illinois State University’s College of Education, and now an emeritus dean of the school, served for many years as the research director of the Illinois School Problems Commission. He has been retired for 15 years.

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Illinois Teacher of the Year shares credit

Catherine Bissoondial, the McLean County Unit District 5 (Normal) fourth-grade teacher chosen 1999 Illinois Teacher of the Year, wishes to share the award with others. "I share this award with all the people who have influenced me with their dedication to education and those who continue to do so in such strong, quiet ways each day," Bissoondial said.

To schedule the Illinois Teacher of the Year to speak to your school district, community or organization, phone 309/888-6987.

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Conference "hunt" winner named

IASB annual conference exhibitor FGM Architects has announced the winner of their "win a trip to Las Vegas scavenger hunt" at this year’s conference. The winner was Judy Wyatt, a board member from Edgar C.U. District 6. She will receive a free 3-day trip for two to Las Vegas.

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RESEARCH REPORTS

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If used properly, computers can raise student achievement

Computers in the classroom can lead to higher student achievement in mathematics, but only if they are used in the right way, according to a new study reported in Education Week.

To be effective, the technology should be used in ways that develop higher-order thinking skills, the study found. Computers used the wrong way — primarily for drill and practice — do more harm than good.

"Technology, indeed, can have positive benefits. But those benefits depend on how the technology is used," said the study’s author, Harold Wenglinsky, an associate research scientist at the Educational Testing Service, based in Princeton, New Jersey.

Wenglinsky analyzed fourth and eighth graders’ performance on the National Assessment of Educational Progress (NAEP) and compared those results to classroom computer use, while factoring in other variables affecting achievement, such as socioeconomic status, class size, and teacher qualifications.

Among the findings:

• Eighth graders in classrooms where computers were used mostly for "simulations and applications" performed better on NAEP than students in classrooms where computers were not used for these purposes. (Simulations develop higher-order thinking skills

by letting students visualize relationships and test the effects of changing variables, while applications, such as spreadsheet programs, let students manipulate and analyze data, the study found.)

• Eighth graders whose teachers used computers mainly for "drill and practice" performed worse on the NAEP.

• Both fourth and eighth graders whose teachers had professional development in computers performed better than students whose teachers did not.

Does It Compute? The Relationship Between Educational Technology and Mathematics is available on the Internet at http://www.ets.org/ research/pic/technolog.html.

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Black parents prefer academics over integration

Public schools should concentrate more on academic achievement than on racial integration and diversity, an overwhelming majority of black parents say. That finding comes from a recent poll conducted by Public Agenda, a nonpartisan opinion research firm in New York City.

Results of the poll, reported recently in Education Week, show 80 percent of African-American parents believe schools should concentrate first and foremost on raising academic standards. The survey found black parents have less enthusiasm for putting integration and diversity first, with only 9 percent choosing that as the top priority for schools. Meanwhile, 11 percent said both academics and integration should rank at the top of the list of public school priorities.

Copies of the report, "Time to Move On," are available for $10 from Public Agenda, 6 E. 39th St., New York, NY 10016; phone 212/686-6610.

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TOOLS FOR SCHOOLS

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Hammerstein musical revue teaches tolerance

Performance rights are now available for an Oscar Hammerstein II musical review that has toured much of the eastern United States. The revue, All Kinds of People, delves into issues of racism and prejudice — one of the central themes of Hammerstein’s lyrics for such successful musicals as Show Boat and South Pacific. Schools can obtain rights to perform All Kinds of People by contacting: Rogers and Hammerstein Theatre Library, 229 W. 28th St., 11th Floor, New York, NY 10001; phone 800/400-8160.

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Women’s history catalog published

An array of new reference books and CD-ROMs, short videos, biographies and overviews for students at all grade levels have earned a place in the new Women’s History Catalog recently issued by the National Women’s History Project.

For the free, 32-page Women’s History Catalog, write to the National Women’s History Project, 7738 Bell Road, Dept. P, Windsor, CA 95492-8518; phone 707/838-6000; or e-mail to <nwhp@aol.com>.

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Directory of operating grants offered

Operating grants can be used to support general operating expenses that sustain a school’s usual activities, which can be a real boon to financially overburdened school districts.

That’s why the Directory of Operating Grants might be a sound investment. It contains roughly 800 foundation profiles, each identifying verified areas of support, geographic restrictions, grant range, and previously awarded grants. The updated book features a state-by-state listing of foundations and a useful subject index that includes over 17 categories.

The cost of the Fourth Edition is $59.50 per copy plus $6 for shipping and handling. The Directory can be ordered from the publisher: Research Grant Guides, Inc., Dept. 3A, P.O. Box 1214, Loxahatchee, Florida 33470; phone 561/795-6129.

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National community education association posts web site

Visit the new National Community Education Association Web site (http://www.ncea.com) to find the latest news on community schools, community education, 21st Century Community Learning Centers, and the services they provide. Learn more about NCEA’s annual national conference, National Community Education Day, publications they offer online, networking opportunities, and their newsletter and journal. Community education is becoming more widely known and popular, especially with the latest federal initiative to fund Community Learning Centers.

Illinois school boards encountered above-average success in tax rate propositions on the November 3 ballot, winning 8 of 19 tax increase propositions (42 percent). Voters also approved 62 of 77 bond issues (80 percent).

Tax rate increase proposals typically have met with a low success rate in general elections in the 1990s. The 42 percent approval rate of November 3 was the second highest for any November election this decade.

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DEVELOPMENTS IN SCHOOL LAW

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Judging a School’s Disciplinary Action: The Question Is Not Whether It Was Appropriate, But Whether It Was Wholly Arbitrary

What right do students have to challenge the appropriateness of disciplinary measures for conceded violations of school rules? Not a lot, according to a recent Seventh Circuit Court of Appeals decision in Dunn and McCullough v. Fairfield Community High School Dist. No. 225. Unless the disciplinary measure is "wholly arbitrary," it will withstand Constitutional scrutiny.

Two student guitarists selected their own pieces to play during a high school band performance at a basketball game. The problem with this? School rules, as well as their teacher’s explicit orders, prohibited band members from deviating from the planned musical program.

The students were ready to face punishment for their defiance, but were unprepared for the severity of the penalty actually given them. Their punishment’s cumulative effect resulted in the boys’ receiving an "F" for band class. They challenged this penalty in a federal civil rights action. They maintained that the penalty violated their constitutional rights to substantive due process.

Substantive due process protects individuals against arbitrary government action. Here, the students urged that a penalty resulting in a course failure for a single disciplinary infraction was overkill and, thus, violated substantive due process. The criteria governing what is fatally arbitrary go beyond state action that causes harm. Indeed, courts look for an abuse of power that "shocks the conscience" or "conduct intended to injure in some way unjustifiable by a government interest."

The musicians violated a school rule; the rule was designed to preserve discipline and punish student insubordination; preserving discipline and stopping insubordination were legitimate school district interests. Hence, the disciplinary action, although severe, was not "wholly arbitrary."

While this case was decided on the basis of judicial precedent defining the scope of substantive due process, the Court was mindful that federal courts should not second-guess school discipline decisions. Illinois school officials should take heart that our Seventh Circuit, second only to the U.S. Supreme Court in federal court jurisdiction over Illinois, is uninterested in "transforming the federal courts into an appellate arm of the schools." Courts will uphold school officials provided they act with fundamental procedural fairness and their actions are supported by some reasonable justification.

Distribution of Union’s Flyer Containing School Board Candidate Endorsements Upheld

School districts communicate with staff members by many means. Several cases have explored the extent to which a union may use these communications systems. The U.S. Supreme Court held in 1983 that a public school district may grant unrestricted access to its internal mail system to the exclusive bargaining representative, but deny similar access to other groups. Does this allow the exclusive representative to use the internal mail system to communicate its school board candidate endorsements? Yes, according to the Seventh Circuit Court of Appeals in Davidson and Bill v. Community Consolidated School District 181, F.3rd , (1997 7th Cir.).

The teachers’ union president used the district’s internal mail system to distribute flyers endorsing three candidates for an upcoming election. She used school paper and its copy machine to make the flyers, but later reimbursed the district for their cost. Using the district’s internal mail system, she mailed the flyers to union representatives at other district schools who, in turn, personally distributed them.

Two non-endorsed school board candidates challenged the Constitutionality of the union’s use of the internal mail system. The candidates claimed that the district violated their First Amendment rights by allowing the union to use its internal mail system while simultaneously denying access to the mail system to non-endorsed candidates. This Constitutional violation, according to the candidates, was not cured when the union reimbursed the district for the cost associated with the flyer’s production.

The Seventh Circuit rejected this argument. A public school district’s internal mail system is a non-public forum because its "normal and intended function" is to facilitate internal communication. Provided that the district was justified in allowing a particular entity to use its internal mail system, the content of the message is unimportant. Here, the union was permitted to use the mail system because of its status as the teachers’ exclusive bargaining agent. The district’s decision to restrict use of its mail system to those involved in the district’s operation, including the union, is content neutral and rationally related to the mail system’s purpose.

The union had access to the mail system because of its status, not the viewpoint of its communication. As the union was a justified user of the mail system, the subject matter of its message was unimportant. Additionally, there was no indication that the school board, by allowing the union to use its internal mail system, intended to discourage one view point and advance another. The district in no way sponsored or endorsed any candidate. Nor did it permit any candidate to use the mail system.

No matter the type of communication medium a district sponsors – whether e-mail, bulletin board, internal mail system, or other – the district should decide if the medium will be an open or closed forum. Anyone may use an open forum and the district may only impose viewpoint neutral restrictions. A district violates the First Amendment if it allows some, but not all candidates, to use its open communication forum. Alternatively, a school board may take steps to close its district-sponsored communication forums by limiting the users and the appropriate use. For example, by limiting its e-mail system to specific users for specific purposes, the board may later object to non-school related use.

Melinda Selbee is IASB’s general counsel.

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Workshops & Meetings

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Technology briefing set for school leaders

NSBA and its Institute for the Transfer of Technology to Education (ITTE) will present a seminar called "Making the Technology-Achievement Connection: A Briefing for School Leaders," February 5-7 in Scottsdale, Arizona. School leaders are invited to attend and explore the latest technological advancements, learn how technology can help students achieve, and enjoy presentations from leading technology experts.

For more information, visit their Web site at www.nsba.org/itte and select "small meetings." Or call Rachel Kliewer, Manager, Technology Programs Development, at 703/838-6770 or call their fax-on-demand line at 1-800/950-6722, press 1, and then enter document 707.

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THE NATIONAL SCENE

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Governors are hot: (teacher) subs are not

The top educational issues are the subject of William J. Banach’s 19th annual list of "What’s Hot/What’s Not."

Banach, a frequent speaker at IASB leadership events, says Governors are hot. Those who want to be ahead of the next educational initiative should keep an eye on the agenda of the National Governors Association.

Also on the hot list are Choice ("Educators seem to be worried most about the choice that may matter least."), The Push ("Getting ahead of the push doesn’t dictate that today’s educators run faster and work harder."), Survival ("People in high places want innovation and risk-taking, but they don’t want any telephone calls from constituents."), and

Good Ads ("Normal people will base their educational choice on perceptions, not program quality.").

Subs leads the not hot list. "Many school districts provide inadequate staff training and use the lack of substitute teachers as an excuse," said Banach.

The complete text of the list is available free. Send a self-addressed 9 x 12 envelope with $3 postage to Banach, Banach & Cassidy, Inc., 21969 Cimarron Lane, Ray Township, MI 48096.

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Major Appellate Court ruling issued on drug testing

School leaders are planning when and how to proceed with a drug-testing program in the aftermath of a major court case that arose in Knox County over a local school district’s drug-testing policy for employees.

A federal appeals court recently upheld the 1989 policy, which permits school officials to test "safety sensitive" personnel, including principals, teachers and others who directly impact student safety. Under that policy, such personnel would be tested prior to hiring or transfer into safety sensitive posts.

A key question for the appellate court, which overturned a lower-court ruling in the case, was just what qualifies as a "safety sensitive" position. A local teachers’ organization had sued the school board in 1991, arguing that the policy violates the teachers’ Fourth Amendment right to freedom from unreasonable search and seizure, an argument rejected by the appellate court. The court ruled:"…teachers must expect that with this extraordinary responsibility, they will be subject to scrutiny to which other civil servants or professionals might not be subjected, including drug testing."

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FEDERAL UPDATE

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E-rate funding letters for school technology mailed

The first applicants for more than $2 billion in telecommunications discounts under the e-rate, have started to receive "commitment" letters, promises of funding for technology in their institutions.

The funding agency reported in late November that a series of mailings to all 30,000 applicants would be completed by the end of December.

The e-rate was established in the Telecommunications Act of 1996. The program has come under periodic challenge by parts of the telecommunications industry and some congressional critics. The e-rate is intended to provide K-12 public and private schools and libraries with discounts ranging from 20 to 90 percent on telecommunications and related services as part of the longstanding universal service program.

The deepest discounts will go to schools and libraries in communities with higher poverty levels as demonstrated by eligibility for the federal free/reduced school lunch program. Some of the neediest library systems and school districts will receive additional discounts on internal connections, which will allow classrooms and more reference areas to be wired for the new technologies.

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Supreme Court declines a hearing for Milwaukee voucher case

The federal Supreme Court has refused to hear a challenge to a major voucher case from Milwaukee, thus allowing a controversial lower-court ruling to stand. The Wisconsin supreme court ruling had stated that taxpayer-supported tuition payments to nonpublic schools do not violate the constitutional requirement for separation of church and state.

While it does not establish any new national precedent, the high court’s refusal to review the Wisconsin case does prolong the national debate over vouchers used to provide public tax support to private and religious schools. "Certainly, this debate is not over. Once several state supreme courts have heard voucher cases and come to different conclusions, the issue will be ripe for review by the Supreme Court," said Julie Lewis, a legislative specialist with the American Association of School Administrators.

Court battles on vouchers are underway in Arizona, Maine, New Jersey, Ohio, Pennsylvania and Vermont.

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Recent mailings from IASB

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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.

November 6: Conference public relations information, mailed to district superintendents.

November 23: Announcement of professional advancement seminars on seeking the superintendency, to superintendents.

December 1: Memorandum regarding IASB board member survey, to district superintendents.

December 10: Announcement of workshops on "Seven Habits," mailed to board presidents and district superintendents.

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Illinois Association of School Boards

2921 Baker Drive
Springfield, Illinois 62703