Potpourri
by Dr. Gaylord Tryon, SAI Executive Director
SAI's New Office Building
Construction on our new office building is pretty much on schedule.
Ideal weather conditions, materials being readily available, and
excellent cooperation from our architect (Simonson and Associates)
and our general contractor (Walter Inc.) have made the initial
part of the construction project go very smoothly.
By the time you receive this newsletter, the exterior brick work
will be done, the parking lot will be paved, and the building
should be pretty well buttoned up for the cold weather. The interior
walls are all in place and the sheet rock is about ready for taping.
If everything goes as planned, we should be moving into the new
building sometime in January 2001.
This is a very exciting project. Members will look at this building
for years to come with a great deal of pride. As well you should.
It's because of your tremendous support that SAI is in the position
of being able to construct its own office building.
Buy-A-Brick Project
As of this writing, we have collected approximately $15,000 from
70 contributors (individuals, local administrator associations,
companies) in our buy-a-brick project. Since we have about two
weeks left to receive contributions, we are hopeful that we will
surpass the $20,000 mark.
IPERS Update
IPERS reported an investment return of 13.05% for the fiscal year
ending June 30, 2000. The fund's investment portfolio market value
ended the year at $17.1 billion.
The assumption rate used by IPERS is 7.5%. When the investment
return exceeds 7.5%, additional funding is available for more
IPERS improvements. This should mean, for example, that the death
benefit approved during the 2000 legislative session will be enacted
(effective January 1, 1999). The actuary should be coming out
with some kind of formal announcement later in October or the
first part of November 2000.
Also, the 1998 General Assembly approved the Supplemental Annuity
for Active Members (SAAM). This is a benefit that can only be
enacted if and when there is no unfunded liability regarding the
IPERS program. The actuary declared that IPERS was 97% fully funded
at the close of the 1999 fiscal year. Since we closed the last
fiscal year with a return of 13.05%, we are hopeful the actuary
will declare the fund to be 100% funded and that the SAAM will
be triggered for the first time ever. Here again, we should know
this in late October or the first part of November 2000.
If the SAAM benefit is enacted, money will be contributed to the
accounts of active members. Contributions to SAAM are made on
a quarterly basis. The money is available upon retirement and
can be taken out in a lump sum or in an annuity.
Transition to a New Executive
Director
Troyce Fisher will become executive director on January 1, 2001.
I am pleased to report that the transition process is going very
well. Troyce has been attending several of our SAI district meetings
and area superintendent meetings. In addition, she and I have
met on several occasions to review SAI policies, procedures, programs,
etc. We are both doing everything possible to make this a seamless
transition.
A couple of weeks ago, Troyce and I met with an area superintendents'
group. At the end of our presentations, Troyce asked the group,
"What can SAI do for you." I thought their responses
were very interesting and enlightening. This is what I heard them
say:
I couldn't help focusing on the last
comment, "Be a caretaker of children." I think this
statement says it all because caring for/about children is what
we are all about. That's so reassuring to hear. It just makes
me feel that everything is all right and in good order.
Top
"Let's (not) get physical!"
Are We Overreacting?
by Kathy Lee Collins, J.D., SAI Director of Legal Services
Recently my hubby and I were out to dinner with a couple,
and they asked the waiter for some matches. He said the restaurant
didn't have any and asked if we wanted to know why. I bit. "Because
there was a kid who got burned somewhere and the matches had a
company name on them and the kid's parents sued the company, and
they were held responsible! So that's why we don't give out matches
anymore."
I started to rail against the utter and incredible stupidity
of this reason but caught myself, realizing the waiter had nothing
to do with the decision; I didn't need to 'shoot the messenger.'
But there it is. A corporate decision made either on the basis
of some Urban Myth or the fact that somebody TRIED to file a suit
over this type of situation. I'm not going to do the research
to try to find out, but I assume, on the basis of my $30,000 legal
education, that such a suit just couldn't be successful. Sure,
a jury somewhere might have gotten suckered into a verdict for
the poor burned plaintiff, but an appellate court would have an
easy time tossing that one out. One has to prove a cause-and-effect
relationship in this kind of case. There is an enormously insufficient
relationship here (no "proximate cause") to hold the
company liable.
But this month's CYA column isn't about negligence. It's about
overreaction. It's about people making decisions based on the
fear of being sued, without assessing the probability of either
the unhappy person actually following through and suing, or the
merits of that potential suit.
I read a case this week that I'd love to quote from at length.
It is a wonderful decision for our team, even though it reverses
a school board. Let me tell you about it.
In Detroit, an eighth grade student was playing dodgeball in the
gym with several other students when they weren't supposed to
be. A teacher came in and told them to leave. This kid started
giving the teacher a hard time. The teacher "grabbed him
by the arm and pulled him toward the door, telling him that he
had to leave." The student tried to get away, threatened
to hit the teacher, and directed foul language at him. The kid
was not injured, and in fact later apologized to the teacher.
But the school board fired the teacher, anyway, for "use
of inappropriate and excessive force on a student" which
they said violated both the state law on corporal punishment and
the board's policy on the same thing. It was this teacher's 'second
offense.'
The Court reinstated him, awarding him back pay. But that's not
the great part. It's what the court said about this situation
that is so important:
"At worst, [the teacher, Mr. Widdoes] found himself having
to deal with a student who refused to obey his request and who
behaved in a manner totally inappropriate for the school setting.
Also significant to us is the fact that [the teacher] did not
hurt the student, and that the student later apologized for his
behavior. From our perspective the school board was simply too
quick to terminate [Mr. Widdoes'] employment over a harmless incident.
"The [termination] disturbs us. We are mindful that a school
board must strike a balance between protecting students from the
imposition of excessive force and its teachers' interest in maintaining
order in the classroom. Nevertheless, the [termination] decision
in this case indicates to us that the balance has swung too far
in the wrong direction. To affirm the [decision] in this case
would risk rendering teachers powerless to maintain classroom
order in any meaningful way.
"The general rule allowing teachers to impose reasonable
force on students predates the American Revolution. Numerous are
the forces that intrude on the classroom to disturb the learning
environment, and teachers must be able to deal with such problems
promptly and decisively. Sadly, the lack of respect that students
have for their teachers and for each other has in recent years
become a national fact. Decisions such as [this board's] have
the effect of furthering, rather than reversing, this trend.
"Decisions such as [this one], to terminate [Mr. Widdoes]
over a harmless incident, do nothing to emphasize to students
the necessity to give deference and respect to their teachers
and other school faculty. Students instead learn that they
are essentially untouchable. Further, teachers who take
notice of the decisions of their school board may become uncertain
regarding whether any steps they pursue to control or discipline
a student will result in their own suspension or termination.
This uncertainty results in indecision, apathy, and fear. Rather
than risk making the teachers of our state afraid to take appropriate
action against students who fail to follow their direction, today
we draw the line and affirm the trial court's order reversing
the decision. On the facts of this case, the school board would
have been better served to support, rather than punish, [the teacher]."
Isn't that great? Of course, I don't mean that a court's reversing
a school board is great, but if my instincts are correct, that
board probably fired this teacher out of fear that he, having
twice 'gotten physical' with students, was some kind of walking
time bomb of liability. The Court was far more sympathetic to
Mr. Widdoes' working conditions than his employers were.
The court's very strong language reminds me of an Eighth Circuit
case from a few years ago involving a teacher in Des Moines who
knocked a kid to the floor after the student pushed him. The case
was about how much process was due the teacher for a four-day
suspension without pay and a transfer to another building. But
the Court of Appeals was obviously troubled by the fact that the
teacher's discipline arose because he reacted to being "involved
in an altercation with a student. [W]hether intentionally, or
as horseplay which got out of hand, the student hit Winegar [the
teacher] in the chest, causing Winegar to fall backward and hit
his head. Winegar then, by his own admission and allegedly in
self-defense, kicked the student, aiming at his rear, but the
student turned and the kick landed in the groin or upper thigh.
Winegar then slapped the student across the face." After
deciding that Mr. Winegar was entitled to more process than the
district had given him, the Court of Appeals for the Eighth Circuit
wrote,
"Finally, we deem it ironic, if not strange, in a day
when students often carry knives or guns to school, that a situation
where a student admittedly attacks a teacher results in discipline
of the teacher but not of the student."
There's a lesson for us, I think, in these two cases. Let us not
be so overzealous in our protection of the student as to overlook
what the student did that triggered the employee's reaction. While
there is a general rule of thumb that striking and hitting kids
is not appropriate, each situation should be examined on its own
facts.
As for Iowa's law on Corporal Punishment, it has been amended
so much that, frankly, it appears the exceptions have swallowed
the rule. The statute currently prohibits "corporal punishment"
(defined oh-so-cleverly as "physical punishment"), but
then goes on to exempt or excuse the following situations where
a school employee uses physical force with a student:
a. Encouraging, supporting, or disciplining the student.
b. Protecting the employee, the student, or other students.
c. Obtaining possession of a weapon or other dangerous object
within a student's control.
d. Protecting employee, student, or school property.
e. Quelling a disturbance or preventing an act threatening physical
harm to any person.
f. Removing a disruptive student from class or any area of the
school premises, or from school-sponsored activities off school
premises.
g. Preventing a student from the self-infliction of harm.
h. Self-defense.
i. Any other legitimate educational activity.
It doesn't appear that there is much of a "ban" on corporal
punishment at all, does it? I mean, if we can use physical force
on a kid for the purpose of "disciplining" him or her
and it's not corporal punishment, what is? The phrase that comes
to mind is "The legislature, in its infinite wisdom..."
I still hear (less frequently now) "Don't touch kids!"
or "You can't touch kids!" and I always want to jump
in with those 9 exceptions above to let everyone know that we
CAN and sometimes HAVE TO touch kids. Let's especially remember
to look at the whole situation before we start tossing out suspensions
- for students OR for employees.
Top
2001 Legislative Issues: Compensation
and Funding
by Dr. Marcus Haack, SAI Associate Executive Director
The SAI legislative committee has been meeting during the
late summer and early fall to identify key issues for the 2001
legislative session. Rather than develop a long "laundry
list" of discrete and unrelated items, the committee chose
to focus on several broad issues of critical importance to the
Iowa educational system. Those issues included educator compensation,
adequacy of funding, educator shortages, health insurance and
early childhood.
At their October 19th meeting members of the SAI representative
council and executive committee took considerable time to discuss
and debate the merits of each of the five issues identified by
the legislative committee. There was general agreement that each
of the identified issues was important. However it was noted that
the legislature has established a pattern of funding which the
educational community finds disturbing.
First, there has been a trend toward funding discrete "pet
programs" in the name of educational reform accompanied by
inadequate funding for allowable growth and other long-term educational
programs. The explanation is always been the same, "We've
already taken care of you!" The second trend has been to
play the old shell game, which is to cut funds from one educational
program and shift them to another program. In other words, little
or no new money for schools' operating budgets, just a realignment
of existing funds.
Obviously one of the most talked about legislative initiatives
during the summer and fall has been the need to provide additional
funding for teacher/educator compensation. This issue highlights
the governor's educational agenda for the legislature and has
also been identified as a major goal by leadership in both parties.
Virtually all educational organizations agree with our elected
leaders on the need to beef up educator salaries, along with the
need to identify new ways of structuring salary systems. But here's
where we begin to differ with our elected leaders. We're hearing
once again that, in spite of the critical need to increase educator
pay, the state budget is tight. Therefore we'll need to "realign
existing funds" in order to provide the much needed pay increases.
Here we go again! Pitting one segment of the educational community
against the other in the battle of shifting funds. We simply can't
accept that. The need is real. The crisis is beginning to be felt
across the state. If Iowa is as committed to increased educator
pay as it claims to be, the state will have to come up with new
sources of revenue to resolve the crisis.
Interestingly enough, the debate is on how to bring teacher pay
up to the national average. Let's see. "Average pay"
to make Iowa's schools the best in the nation and the world. Seems
like something's wrong with that equation. But that's another
topic for another article!
Given the discussion and the input from the SAI legislative committee,
executive committee and representative council, it appears we
will be spending most of our time on the areas of educator compensation
and adequacy of funding. While the final SAI legislative proposal
still needs approval by the representative council, it looks as
though our platform will consist of the following:
Educator Compensation
Currently the governor is working with legislative leaders of
both parties to fashion a common teacher compensation package
from the two existing reports prepared by the Pomerantz and the
Forsyth committees. The governor has consistently indicated this
will be the major education topic for debate in the 2001 legislative
session.
SAI supports efforts to increase salaries and benefits for teachers
and administrators. In addition, SAI believes the improved compensation
package should include an increase in teacher contract days in
order to secure additional time for professional development,
student class time and school improvement activities. Funding
for increased compensation should come from new revenue sources
instead of a realignment of existing funds.
Adequacy of Funding
School districts in Iowa face increasing difficulty in providing
and maintaining educational programs designed to meet the needs
of all their students. It is imperative that, in addition to educator
compensation issues, the legislature provides adequate levels
of financial support for Iowa's school districts so they are able
to accomplish their educational mission. Therefore SAI supports
establishing a guaranteed allowable growth rate of 6% for all
schools districts. Funding for allowable growth must be kept separate
from funding for educator compensation plans.
There it is, short and sweet. The bottom line is that we must
keep the pressure on the legislature to adequately fund the system,
and that can only happen if the state comes up with new revenues
to fund a minimum 6% allowable growth AND to drastically improve
educator compensation plans.
In order to keep up with the latest legislative information, be
sure to check SAI's Web site frequently. If you're interested
in up-to-the-minute information delivered via your e-mail, sign
up for SAI's legislative listserve. Directions for signing up
are also included on SAI's Web site. Sign up today and become
part of the SAI lobbying team.
Top
Yes, We Have and We Will!
by Dr. Elaine Smith-Bright, SAI Director of Professional Development
As you are well aware we have a new Executive Director, Troyce
Fisher, coming on board in January. She and our current director
Gaylord have been out and about the state, meeting members, attending
regional events, sharing SAI news, and assessing members' needs.
At those events, Troyce has posed the question, "What can
SAI do for you?" There have certainly been many excellent
responses, which SAI is carefully reviewing. One such request
was, "Help us deal with diversity!" Our answer is, "Yes,
we have and we will continue to!"
We recognize, as do all of you, that your BEDS document continues
to show a growing number of students who do not fall in the "White
Caucasian" category. Nationally, articles on dealing with
diversity continue to dominate current publications. The May 1999
School Administrator magazine from AASA devoted the entire issue
to "The New Multiculturalism: Seven Commentaries on Dealing
with Diversity Today." The Sept. 27, 2000, Education Week
included 10 pages of charts, graphs, maps and text to validate
the premise, "Minority Groups to Emerge as a Majority in
U.S. Schools." The columnist wrote:
"Anyone who wants to glimpse the future of America's school
age population can look to California. Today, a majority of the
school-children in the Golden State are members of a minority
group. But as the demographer Harold L. Hodgkinson likes to say,
'What's happening in California is coming to a high school near
you.'"
Two of the forces driving interstate migration are jobs and the
quality of life. The Omaha, Neb., public schools have seen their
population of limited-English-proficient students soar from 500
in 1992 to 3,000 this school year. In addition to Hispanics, the
community has a sizable population of Nuer immigrants from southern
Sudan, who fled their country's civil war.
In our own state, Department of Education staff with input from
the State Advisory Committee on Educational Equity examined research
on diversity and the summary of community conversations that had
been held, whose purpose had been to encourage deliberative discussions
on diversity and integration issues. Their objective was to develop
a set of principles that would form the foundation for future
state policy on developing inclusive schools and communities.
It is the intent of the State Board that the proposed policies
result in schools which provide a welcoming and supportive learning
environment for all students, high levels of academic achievement
for all students, and which foster respect for diversity within
the school, community, the state and the nation. The ambitious
plan, known as "Building Inclusive Schools and Communities,"
aims to reshape Iowa schools to embrace multiculturalism. Minority
students made up 10 percent of Iowa's 496,000-students enrollment
in the fall of 1999, compared with just 2.5 percent in 1985.
In February, SAI provided a full day leadership lab on "Engaging
the Community" which focused on the changing demographics
of Iowa including figures on student's race/ethnicity and the
increase in ELP enrollments. At that same lab a presentation on
Multicultural Gender Fair provided specific approaches to equity/diversity
staff development, and a session on Creating Awareness of Diversity
shared examples of activities that could be used with any age
student.
This fall for the Secondary Principals Workshop on Thurs., Nov.
30, at the Sheraton Four Points in Clive, Iowa, Ellyn Wrzeski,
superintendent, and Dan Marburger, high school principal, from
the Perry Community Schools will be on hand to describe the transitions
their community has undergone. When I spoke with her, Ellyn was
anxious to share the successes and challenges their district has
faced with a major influx of diverse students and families. Touching
on many areas Ellyn and Dan will talk about curriculum and classroom
adjustments, special education enhancements and supports, collaborative
efforts with other agencies and community groups, staff development
training, and parental involvement.
Don't miss this opportunity to hear first- hand how to work with
your changing community. As for SAI, we pledge to continue sponsoring
informational presentations and reports from school districts
that have already grappled with their expanded demographics and
have much to teach those districts that will face it in the near
future! Students are at the heart of what we do each day, and
we have a responsibility to instruct all students about diversity
so they can succeed in a global community and economy.
Today's tech-savvy school districts are tapping the power of emerging technologies to share information, listen to their constituents and involve parents and others in education. If your school communications program includes only the traditional printed newsletters and open houses, consider how these other tools can connect you with your key audiences.
Databases: Electronic databases can allow you to customize mailing lists and target specific needs. By tracking demographic information, interests or participation, school districts can decrease vague "dear resident" mass mailings and send targeted information to specific audiences, such as business leaders, preschool parents, senior citizens, community service leaders or others. For a large district, a neighborhood-specific database can provide administrators with useful links to businesses, area preschools, church leadership and human service organizations as a way to build collaboration and school involvement.
Web sites: School districts are using Web sites as a way to reach opinion leaders, provide round-the-clock access to information, and showcase the district's strengths. The Web allows you to reach beyond your traditional boundaries, providing information to potential new community residents or school alumni. To be effective, your Web site must be easy to use, timely and interactive. It's important to tap the full power of the Web as an interactive tool, not just an on-line brochure. Consider feedback forms, on-line surveys, e-mail news bulletins, searchable information and other interactive tools to build two-way communication with constituents. If all you do is put all your printed information on the district Web site, it's the equivalent of purchasing classroom computers and using them only to do electronic worksheets.
Telephonics: Automated voice messaging services, homework hotlines and other phone technologies are helping school districts stay in touch with parents and constituents and reduce the overload on support staff during peak times. In addition, telephone polling technology can allow a district to survey residents using an automated telephone system.
Fax: A broadcast fax can help keep key opinion leaders informed, often drawing more attention than a standard mail piece. "Fax on demand" systems allow patrons to obtain often-requested information, such as how to register for kindergarten.
Cable Television: School broadcasts on cable television allow patrons to observe school board meetings, learn more about school issues and programs, and observe classroom instruction--all from the comfort of their home or business. In a world where nearly three-fourths of citizens don't have children in school, cable television can bring the school to life for a broader audience in your community.
These "new media" allow your school district to go direct to key audiences with your message at increased speed, often in an interactive way. But high-tech community relations can't replace quality customer service and personal interaction. These tools allow you to supplement your regular print communication and the personal relationship-building with parents and community leaders that is the foundation of a school communications program.
Resource for this article: Presentation by Nora Carr, Charlotte-Mecklenburg School District, North Carolina; at August 2000 SAI Conference