SAI Report - March 2000

Articles

Annual Administrator Salary Update
State Board Announces New Student Rights in Expulsions
A Tale of Three Meetings
Sold! Working with Realtors

Annual Administrator Salary Update
by Dr. Gaylord Tryon, SAI Executive Director

Each year, SAI provides an update on administrator salaries. We are providing this information so you can use this data when discussing salaries in your respective school districts.

In the Annual Condition of Education Report released by the Department of Education in December, 1999 it was reported that salaries for full-time Iowa public school teachers averaged $21,690 in the base year of 1985-1986 and increased to $35,007 in 1998-1999 (excluding Phase III funds). These figures represent an increase of 61.4 % during that time period. Following is a chart comparing the average teacher salary increase to that of school principals and superintendents over the same time period.

  1985-86 1998-99 % Increase
 Teachers  $21,690 $35,007 61.4% (excludes Phase III)
 Principals  $35,313 $58,851 66.7%
 Superintendents  $40,710 $73,191 79.8%


(Editor's Note: The 79.8 % increase in the average superintendent's salary is an inflated figure. This inflation is due in part to the number of shared superintendents and in part to the higher rate of turnover for superintendents. When school districts hire a new superintendent, there is a tendency to pay the new person at least or more than what was being paid the previous superintendent. Also, the lower percentage increase in teachers' salaries reflects the practice of replacing retiring teachers with less experienced teachers.)

Following are the average Iowa administrator salary figures and other demographic data for 1999-2000 as reported to SAI by the Department of Education. (These FTE figures represent public school administrators.) The DE obtains this information each year from the Basic Educational Data Survey (BEDS).

1999-2000 School Year

 

Male

Female

Total

Avg. Total Exp.

Avg. Dist. Exp.

Avg. Age

Avg. Sal.

Superintendents

313

10*

323

26.5

7.7

51.8

74,809

Asst. Superintendents

26

7

33

26.8

13.8

51.2

76,768

H. S. Principals

297

39

336

22.3

9.5

47.1

60,441

Asst. H.S. Principals

 129

28

157

21.6

12.7

47

60,886

J.H./Middle Level Prins.

 172

44

216

22.3

11.9

46.7

62,042

Asst. J.H./Middle Level Prins.

 52

23

75

19.8

13.2

46.0

60,165

Elem. Principals

318

245

563

22.9

12.9

48.0

60,707

Asst. Elem. Principals

 3

7

10

19.5

9.6

43.4

49,317

Other Principals

 20

13

 33

22

 9.2

 49.1

 58,866

Other Asst. Principals

 4

1

5

17.2

11.4

49.4

65,016

AEA Chief Administrators

15

0

15

31.3

12.6

57.2

98,804

AEA Directors

28

13

41

26.5

15.2

53.0

79,145

Totals

1400

417

1807

23.4

10.8

48.3

64,274


* DE figures indicate 10 female superintendents (FTE) for the 1999-2000 school year. Our count shows 17 female superintendents for the current school year (includes four part-time and one superintendent of a catholic diocese).
(Note: We do not include "other" central office administrators because the DE does not list these positions in individual categories.)

During the 1998-1999 school year, we listed the average administrator salary at $62,474. As indicated in the above graphic, the average administrator's salary for 1999-2000 is $64,274. This represents an increase of approximately 2.88 %.

It's interesting to note the various salary distinctions based on K-12 enrollments as reported in the DE's 1999 Annual Condition of Education Report.

 Enrollment Category

1998-99 Avg. Salary Teachers*

1998-99 Avg. Salary Principals

1998-99 Avg. Salary Superintendents
<250

25,891

42,282

52,817
250-399

29,041

48,690

62,016
400-599

30,664

50,496

65,118
600-999

32,201

53,788

70,248
1,000-2,499

34,739

59,775

79,810
2,500-7,499

37,395

64,851

96,841
7,500+

38,235

67,003

114,013
State Average

35,007

58,851

73,191

* Excludes Phase III funds

Other demographic comparisons include the following (FTE):

 

 Teachers

Principals

Superintendents

Average Age '85-'86

39.9

46.6

48.7

Average Age '98-'99

42.3

47.5

51.5

Percent Female

63.5

8.7

1.6

Percent Female

69.2

28.7

3.2

Total Numbers '85-'86

30,499

1,223

424

Total Numbers '98-'99

32,307

1,182

323

Some interesting gender comparisons (FTE) for the 1998-1999 school year:

 

 Teachers

Principals

Female

Male

Female

Male
Average age

42.3

42.5

 46.8

47.8

Percent minority

 1.6

1.9

5.0

3.4

Avg. total yrs. exp.

 14.8

17.1

20.8

23.5

Avg. yrs. dist. exp.

11.4

13.5

10.0

12.1

Average salary

34,198

36,844

57,605

59,352

Characteristics of certificated AEA staff for the 1998-1999 school year (FTE):

Percent male

26.3

Percent female

73.7

Percent minority

1.2

Average years total experience

17.3

Average age

44.8

Average salary

42,105



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State Board Announces New Student Rights in Expulsions
by Kathy Lee Collins, J.D., SAI Director of Legal Services

Things are changing at the Department of Education. Ann Marie Brick has reportedly bowed out as Administrative Law Judge, and the D.E. has contracted with Susan Anderson (not the early childhood consultant; the lawyer Susan Anderson) to hear and decide appeals from local school board decisions. One of Ms. Anderson's decisions appears to announce some new principles of law. It's part of my job to keep you apprised and, accordingly, out of trouble. So let's look at the case.

You may have read or heard about the middle school (7th grade) boy in the Northwood-Kensett district who delivered a shoe-box sized package to his least-favorite former teacher at school one morning, necessitating immediate evacuation of the building. The package contained 3 "fireworks" (cannon blasters), a glass baby food jar with "cook-stove fuel" (petroleum distillate), a small tin of gunpowder, and a fuse emerging from the box. The student wrapped it in Christmas wrap, added a loving (anonymous) note, and taped a lighter to the package suggesting the teacher light the fuse.

An agent from the fire marshal's office, using a "water cannon," either drowned the device or caused it to explode. At that point, the agent told the administration that, in his view, it constituted an explosive device, part of the definition of "firearm" under the Gun Free Schools Act (GFSA). That law, as you know, requires states to require school districts to expel for a calendar year any student who "brings" a firearm to school, with the exception that special ed. students are to be handled separately and according to the IDEA (special ed. law). Superintendents are entitled to recommend modifications to the 12-month expulsion requirement on a case-by-case basis.

The principal, John Dayton, figuratively put on his deerstalker cap and did enough sleuthing to focus his suspicions on a student named John Lawler, whom Mr. Dayton confronted about the package. The student denied responsibility. The principal then involved law enforcement. Later Lawler admitted to police that he had brought the "device" to school and left it for his former teacher. The student was formally charged with a delinquent act and was taken to Mason City for an evaluation and then to a juvenile detention center.

Back in the district, Superintendent Jerry McIntyre sent home a notice to John Lawler's family two days after the December 8 incident that there was to be a special board meeting to take up the question of whether the boy had violated the Weapons Policy, and enclosed that policy describing the mandatory 12-month expulsion for "firearms." Jerry also advised the parents of their right to counsel and right to bring witnesses or whomever they chose to the hearing. The letter was mailed 4 days prior to the hearing.

The student already had an attorney to assist him in juvenile court. After receiving the notice from the superintendent the boy's mother contacted that attorney. He was unavailable, he declined to come, or otherwise indicated he would not be in attendance at the school board hearing, but offered legal advice on how she should proceed. The student was not able to be in attendance because he was being detained by juvenile authorities.

Law enforcement had apparently been ordered by the juvenile court to keep all of their reports on this incident confidential. Therefore, as neither the police chief nor the fire marshal's agent could testify at the hearing, the superintendent and principal related the incident to the board, including the (hearsay) statements made by the fire marshal's agent that the package contained an explosive device capable of causing serious injury. The board officially found as fact that John Lawler had brought this device to school and that it met the definition of "firearm" for purposes of the Weapons Policy. They failed to take final action on the expulsion, however, because they wanted to learn whether they were limited to 12 calendar months or, instead, could impose an even longer expulsion. Some apparently believed that a finding that the Weapons Policy had been violated by a student bringing a firearm (explosive device) to school was all they had to do; the law then kicked in to impose the 12-month expulsion. Unfortunately, that is not the way it works.

To shorten a long story, the parents sought to return John to school upon his release from the juvenile detention center in early February, but they were told that the school had no legal obligation to educate John because he was expelled. Later, after the student's mother obtained new legal counsel, an agreement was worked out whereby the student was given textbooks and assignments, and the family was given the names of some individuals who would be able to assist with tutoring. The student's attorney asked the school to delay the final determination of his expulsion until after the juvenile charges were resolved, and the school agreed. In August, John Lawler was adjudicated delinquent (juvenile court lingo for "guilty") beyond a reasonable doubt of 1st degree arson.

The school board met again on September 9, nine months after their initial hearing establishing John's guilt of a Weapons Policy violation. This time the student was present and represented by his new attorney. After the hearing the board officially voted to expel John Lawler "through the 1999-2000 school year." The student's mother appealed to the State Board of Education.

After reviewing the State Board's precedent on student rights in expulsions, the ALJ recommended (and the State Board adopted) a decision overturning the expulsion because the student's due process rights had been violated. I'm more than passingly familiar with the State Board of Education's decisions, and I am concerned about some conclusions in this decision.

First, the ALJ and panel found that the initial notice of the board meeting/expulsion hearing was insufficient in terms of the amount of lead time before the hearing. The purpose of giving notice sufficiently in advance of a hearing is to enable the individual to contact an attorney and obtain legal advice. Mrs. Lawler had done both. Therefore, the sufficiency of notice should not have been an issue in the case and in fact it was not raised by Mrs. Lawler at the December school board hearing. The fact that she was "unrepresented by counsel" at that time was not due to the short notice. It was due to her son's attorney's declining to be present. While that lawyer's advice to Mrs. Lawler could have been to seek a continuance or contact other counsel, it was not. Instead she was advised to ask for a closed hearing and present no defense, advice which she followed. The State Board's decision is tantamount to questioning the wisdom of an attorney's legal advice, a role I doubt it wants to or should undertake.

The State Board's decision is also critical of the notice "because it did not contain a summary of charges with sufficient specificity to prepare a defense," but the district officials in attendance at the State Board's hearing said Mrs. Lawler never had a question about what John Lawler was accused. In legal lingo, that means he was not prejudiced by the absence of that information in the notice. No one complained that they weren't sure what had happened or of what the student was accused. That's a clear case of "no prejudice" (akin to "no harm, no foul").

The State Board found that the notice was also flawed in that it "failed to mention the right to cross-examine adverse witnesses" and "no list of witnesses was provided." There was no corresponding finding that Mrs. Lawler was denied the opportunity to question (cross-examine) witnesses at the December board hearing, and the State Board's own precedent -- enunciated two pages prior to this pronouncement ­ does not include the requirement that a list of anticipated witnesses be given in order to satisfy due process.

My second area of concern is that the ALJ and panel suggested that John's absence from the first hearing was problematic in terms of the Constitution. ("In addition, since John was not available to attend the hearing, there was no meaningful opportunity to present evidence on his behalf.") I would think they would need to have some evidence that had John been present, he and his mother would have taken a different tack in order to conclude there was a due process violation. Again, it sounds as though the hearing panel questioned the wisdom of the legal advice given to Mrs. Lawler by John's attorney. I doubt the State Board wants to go there.

Is the State Board saying an expulsion hearing cannot take place in the absence of the student? I don't believe the case law supports that concept. Certainly many of you have had expulsion or other student discipline hearings when the parents or legal representative came but the student did not. In this case Mrs. Lawler talked with John's attorney who could have suggested that she request a continuance until John could be present. But that didn't happen.

One more basis for the reversal was the school board's failure to issue what lawyers call "Findings of Fact and Conclusions of Law." This would typically be a letter to the student and his/her parents, or it could be a more formal document, where the allegations were spelled out ("that John Lawler brought an explosive device to school and left it with a teacher on or about December 7 or 8, 1999, in violation of Board Policy #903"), the conclusion that this occurred ("a preponderance of evidence exists to believe that John did violate this policy") and the penalty decided upon by the school board ("John is expelled from school for the 1999-2000 school year and may not return to school until the 2000-01 school year.") The State Board's decision, if it stands, establishes a new requirement that the Findings and Conclusions "must at the very least give the student a summary of the witnesses who testified and the evidence upon which the Board based its decision." The ALJ and panel then rejected the idea that typical board minutes would suffice for this purpose.

I also have a concern about the juvenile judge's order silencing the law enforcement officers, in effect prohibiting them from testifying in the administrative hearing before the school board. If this becomes a pattern (it has happened before, most recently and notably in PCM when the county attorney told the arresting officer not to testify at the student's school board hearing) I think we're going to have to go to the legislature for some assistance. The juvenile and criminal justice wheels typically turn much more slowly than ours do. We can't constitutionally afford to await the outcome of a student's trial before taking action. We should be able to find a way to share information without prejudicing the student's case in either venue.

On the "up" side, the hearing panel rejected Mrs. Lawler's contention that because some of the board members had children who attended the elementary school where the explosive device was placed, those board members were automatically prejudiced and therefore incapable of rendering an impartial decision.

In conversations with the district's administrators and legal counsel, I understand that Mrs. Lawler's strategy at the State Department hearing was to characterize John's decision to deliver this highly combustible package to his former teacher as a "prank" or a "joke." It appears that the panel and State Board were not willing to agree with that characterization. But a year and a half expulsion is a long time in the life of a 7th grader, if it's even legal to exclude him for that period. Instead of finding the term of expulsion too lengthy or unauthorized by law, what appears to have happened is that the State Board's hearing panel focused on errors, some that weren't even raised as issues by Mrs. Lawler and her capable counsel, and the panel and State Board overturned the decision on the basis of those errors. What bothers me from a legal perspective is that the panel appears to have been caught up in procedural flaws that arguably or actually didn't prejudice the student, (or at least the decision didn't include a finding of prejudice in every instance) then used those mistakes as the basis for reversal.

Having sat in the ALJ's chair, I can tell you it's very easy to be a "Monday morning quarterback," and re-call the game, especially in those instances when schools have failed to use attorneys to help them prepare for or walk through the big stuff. The expulsion proceedings in this case were far from perfect, to be sure. But an expulsion decision should not be reversed because of errors made unless those errors actually harmed the student's ability to get a fair hearing. In this case, it appears we have had some new demands placed upon school boards; at the very least, some serious legal questions exist.

The Northwood-Kensett district has since sought a rehearing, which was granted in part and will be held on March 13. Perhaps the panel will use this opportunity to clarify some questions that the first decision raised.

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A Tale of Three Meetings
by Dr. Marcus Haack, SAI Associate Executive Director

Lately I've noticed an interesting pattern as I run from one meeting to another. A common thread is beginning to emerge related to our future as an educational community and the future of our state. Let me briefly share what I heard in three different settings.

Musings from the Governor. . .
Each year at the Teacher of the Year awards program the governor shares a few comments about the importance of teachers and a quality educational system. While it's always an honor to be in the governor's presence (regardless of who the governor is), the stump speech is usually "routine."

This year was different. Governor Vilsack began his remarks by walking us through a list of programs that have been proposed (and in some cases enacted) which are designed to improve education in the state. Some of those programs included early childhood education funding, class size reduction, infrastructure assistance via the local option sales tax, etc. After mentioning each of these programs the governor would pause and softly state, "Surely now we've taken care of the problem. But no, we also have to address the problem of. . ."

After the "walk" through his list of problems and attempted solutions the governor stated what all of us know: We can't continue to deal with Iowa's problems, nor can we develop a preferred future for this state, by relying on old ways of thinking. The only way we can resolve Iowa's problems related to Iowa's educational system, quality of life, stagnant population trends, outward migration of young people, availability of high paying (high skilled) jobs, etc. is to collectively embrace change. In the governor's words, "And if we don't get it right the first time, we'll change again until, by working together, we find a way to solve our problems."

. . .and from the Director of the DE
Department of Education Director Ted Stilwill was a presenter at a Senate Education Committee meeting a couple of weeks ago. This isn't unusual. During the first few weeks of every legislative session, representatives from the DE are asked to provide legislators with information which will guide them in their work during the session.

What was different this time was the fact that very little of the presentation or the discussion dealt exclusively with education. Rather the discussion touched on a wide array of problems facing the state, not the least of which was a lack of adequate resources for schools. The issues included quality of life, immigration patterns, an aging population, a lack of high paying jobs for graduates of Iowa's schools, and loss of our young people to other states.

While everyone agreed there were no easy solutions for these problems, you could sense a growing awareness among those in the room that we can't deal with one issue in isolation from other issues. There's a connection, a relationship, a pattern that weaves these issues (and their solutions) together.

. . .and among school superintendents
In February the City Superintendents held their annual legislative meeting in Des Moines and I was on a panel of lobbyists who shared insights about the current legislative session. Part of my presentation included the notion that we need to develop a vision for a preferred future for our state which begins with adequate support for children and their education. (No, 4% allowable growth ISN'T adequate!)

Following my comments the superintendents spent a considerable portion of their meeting discussing not only the need for a vision for education, but a larger, more encompassing vision for the state. Economic development was one of the issues at the top of their list, for without economic/career opportunities for Iowa's graduates, we'll simply continue to watch as our best and brightest graduates leave the state for greener pastures. Not content to simply talk about the problem, the superintendents at that meeting decided to take the initiative to begin drafting a vision statement which can help shape future legislative initiatives.

So there you have it. Three meetings with differing audiences and different speakers. All focused on education, but realizing that there's something bigger that needs to be addressed collectively if we are to make Iowa a better place. The old way of doing things has run its course with limited results. Are we all prepared to embrace change, to eliminate old rivalries, to dismantle traditional barriers, to truly collaborate, to believe that we're all in this together? Think about it... and stay tuned!


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Sold! Working with Realtors
by Sharon Miller, Waterloo Community School District

Realtors control a critical "gate" in your communication and public relations network. As one of the first points of contact for many newcomers to your community, their attitudes and perceptions about your schools create powerful impressions on people making decisions about where to live.

This holds true, to a lesser extent, for families relocating within your community, especially if they are not already familiar with area schools. Realtors may strongly influence young families buying their first home. Their comments about local schools and taxes may also influence established families and retirees changing residences.

Additionally, realtors may be key communicators within your business community in general. They tend to nurture a wide network of contacts and to be active in local service organizations.

Strengthening your relationships with these gatekeepers can pay off with improved public relations, increased enrollment, and stronger public support for your schools. Following these simple steps with realtors (and just about any other constituency!) is a good investment:

Ask Them
Get to know your realtors. What markets do they serve? Which school districts? How do they rate you and your competitors? What kind of information do they need for their clients? What are they hearing about you?

Ask to see a sample of print materials they give clients. Check their web sites-not just local ones, but also national services that rate communities and their services, including education.

Identify any misperceptions and gaps in knowledge, as well as positive perceptions, realtors have about your schools. They may be making false assumptions based on out-dated information and experiences. Once you see how they view you, you can reinforce the favorable messages and minimize the negative ones.

Educate Them
Accentuate the positive. Make sure realtors know the strengths of your schools and your staff today. Invite them for tours of buildings. Host breakfast meetings with realtors, staff, and parents. Showcase your student accomplishments and awards for programs and staff. Add them to your mail/e-mail/fax list for regular updates about your schools. If you have needs or challenges, let them know what you're doing to remedy the situation.

Join Forces
Give your realtors the tools to meet their needs and yours. They want to sell houses; you want students, taxpayers, and supporters. You both want ongoing relationships with satisfied customers. They'll appreciate information ready to hand to their clients-a fact sheet, a brochure, a map of school locations. It doesn't need to be fancy, but it should look as good as you can make it. You'll be making a first impression in many cases, while competing with other area districts, public and private, for consideration.

Offer to link their web site to yours. And don't forget links to other community information sites such as your Chamber of Commerce site.

Establish a "first contact" for realtors to arrange school visits with clients, making sure your building staff are primed for that critical first impression of the school.

Engage Them
The best way to get realtors on your side and telling your story, is to make them part of the team. Seek them out for committees, add them to your key communicator list, ask for advice and participation on significant initiatives. The same attributes that make them good communicators for you make them terrific resources.

Together, you'll gain satisfied customers who are SOLD on your schools!

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