ARIZONA SCHOOL BOARDS ASSOCIATION SUMMER 2015 | VOL. 45, NO. 2
Keep up the good fight for education Public Education is Everyone’s Fight “Ah Ha” Moments from Arizona’s Newest Board Members Can Board Members Change a School District Culture?
Arizona School Boards Association
Quality leadership and advocacy for children in public schools.
OurMission Promoting elected local governance of public education and continuous improvement of student success by providing leadership and assistance to public school governing boards.
OurGoals Provide model training and leadership emphasizing best practices in public school governance. Represent and advocate for the diverse interests of public school governing boards. Advocate the core beliefs and political agenda as adopted by the membership.
OurCoreBeliefs ASBA believes… The basic life needs of children must be met for them to succeed. Meeting the unique educational needs of all students must be the foundation of our school systems. The governance of public schools must lie with locally elected and accountable school district governing boards. The accountability for student success is a shared responsibility of the students, parents, governing board, district staff and the community. Public education funding must be broad-based, stable and at a level that assures all students receive an education that enables them to be successful. State and federal mandates must be funded. Knowledgeable and professionally trained governing board members are fundamental for ensuring student success.
Learn more at www.azsba.org
Officers President Jesus Rubalcava President Elect Kathy Knecht Treasurer Julie Bacon Secretary Torri Anderson Immediate Past President Elaine Hall
County Directors, Caucus Leadership and NSBA Representatives Apache Arnold Goodluck Cochise Debra Scott Coconino Linda Blosser Gila Barbara Underwood Graham James Bryce Greenlee Kelly Baker La Paz Amelia Flores Maricopa Bill Adams Maricopa Lawrence Robinson Mohave Tom Duranceau Navajo Linda Yazzie Pima John Williams Pima Jim Love Pinal Linda Lyon Santa Cruz Maria Neuman Yavapai Patricia Foy Yuma Tadeo De La Hoya Hispanic/Native American Indian Caucus Sylvia Hendricks Black Caucus Maxine Hill
Staff Executive Director Dr. Timothy Ogle Associate Executive Director Tracey Benson Director of Administrative Services Ellen White Director of Communications Heidi Vega Director of Governmental Relations/Public Affairs Janice Palmer Director of Leadership Development Karen Loftus Director of Legal and Policy Services/ General Counsel Chris Thomas Assistant Director of Policy Services Dr. Terry L. Rowles Executive Search and Senior Policy Consultant Steve Highlen Policy Consultant David DeCabooter Technology and Information Specialist Michael Barcia Governmental Relations Analyst Geoff Esposito Education Reporter Lisa Irish Policy Technician Renae Watson Member Services Coordinator Shirley Simpson Secretary to the Executive Director Kristi Johnson Administrative Secretary Jolene Hale Administrative Secretary Sara Nilsson Administrative Secretary Elizabeth Sanchez Administrative Secretary/Receptionist Nicole Giver Publication Policy: Articles printed herein may be divergent in point of view and controversial in nature. The materials published in each issue represent the ideas or beliefs of those who write them, and not necessarily the views or policies of the Arizona School Boards Association. © 2015 by the Arizona School Boards Association. Address all correspondence to: ASBA Journal Editor 2100 N. Central Ave., Suite 200, Phoenix, AZ 85004 Phone: 602-254-1100; 1-800-238-4701 editor@azsba.org; Website: www.azsba.org Annual subscription rate $24 Production by S&L Printing & Mailing, Inc. 1428 W. San Pedro • Gilbert, AZ 85233 • 480-497-8081
SUMMER 2015 ARIZONA
SCHOOL
BOARDS
ASSOCIATION
VOL. 45, NO. 2
Leaderboard 3 President’s Message Public Education is Everyone’s Fight By Jesus Rubalcava, ASBA President
5 Viewpoints ASBA Continues to Move the Needle in K-12 Education By Dr. Timothy Ogle, ASBA Executive Director
Dashboard
Soundboard 24 Communication & Engagement Is ASBA Social Enough? Heidi Vega, ASBA Director of Communications
26
Leadership Matters Taking notes that work
By Karen Loftus, ASBA Director of Leadership Development
7
ASBA News
10
Value of Membership
27 Capitol View K-12 Education: Reductions, Reforms and Resilience
11 Primary Resource on Public Education
y Janice Palmer, ASBA B Director of Governmental Relations & Public Affairs
12 Equity 12
ASBA Calendar of Events
13 Profile in Leadership Shawn Watt
29 Education and the Law ASBA’s legal mailbag: A tribute to David Letterman fans By Chris Thomas, ASBA General Counsel and Director of Legal and Policy Services
Storyboard 14 “Ah Ha” Moments From Arizona’s Newest Board Members
ASBAAffiliates
By Don Harris
16 Can Board Members Change School District Culture? Setting the Tone and Expectation
31 ASBA organization business partners
By Don Harris
22
ASBA in Pictures
Summer 2015 | ASBA Journal | 1
cts a r t on cies C ve gen i t a er na A p o o izo C r t A lain a for p m izon o C y, in Ar t i l a Qu Done
Kingman 928-753-6945 | Phoenix 602-277-4290 | Tucson 520-888-9664 | www.mesc.org
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Leaderboard
Public Education is Everyone’s Fight In spite of consistent budget cuts to education, Arizona’s public schools continue to make steady progress. Our school boards, administrators and educators have managed to creatively provide amazing opportunities to our students. In fact, it was our founding fathers who dreamed of a nation that would provide extensive educational opportunities to all its children, and we have a long history of progress toward this goal. However, wide achievement gaps continue between poor and minority students and their peers in other groups. Round 1: Understanding the Opponent If we are to going to prepare our students to be civic participants in today’s democratic society, and if we are to ensure that a child’s racial/ethnic, socio-economic, or family background no longer predicts their access to educational opportunity or their level of success, we must understand all factors that affect students’ educational performance. If provided the proper resources and supports, students can and will learn at high levels. Round 2: Adequate Resources through Legal Action It is important to note that progress has been made toward improving students’ opportunities and outcomes. Many successful lawsuits challenging state methods for funding public schools have been launched in almost all of the states. We continue to wait for a successful outcome led by ASBA in the inflation lawsuit. The additional resources would put monies into the classrooms to boost achievement for all students. Round 3: Stamina and Determination I think that we all agree that money, if well spent, will have a huge impact on educational opportunities. This is why; although the legislative session is over, we must not let go of that passion in fighting a long-term effort sustained and advocating for our public schools and their funding. We must continue to fight to ensure that all schools are provided with necessary resources they need to provide all their students the opportunity for a quality education. For years, the Arizona School Boards Association Board of Directors has had
in-depth conversations about how to address the diverse needs of our membership and state. This year, we carried out our vision and capitalized on the opportunity to address the issue of education equity. Though this unique approach required a significant investment, we wanted our membership, our state leaders, and the education community to know that we are committed and serious about addressing the issue of achievement gaps and promoting educational excellence for all students in Arizona. Round 4: What Will This Take? 1. Embrace a broad definition of “our kids.” 2. Public education leaders working together to achieve goals that positively impact all students. 3. A raised awareness of where legislators and the governor stand in relation to our priorities and those of the students and communities we serve. We have taken the lead in successfully addressing this issue and will continue to keep up the fight for the best educational experience for all students in Arizona.
The Equity Event, a first-of-its-kind undertaking by the Arizona School Boards Association, was a success by all qualitative and quantitative measures established. The event succeeded in achieving its purpose. It provided an opportunity for public school leaders and community leaders to expand their knowledge about issues affecting gaps in achievement among various student groups through timely, relevant, thought-provoking content viewed through four key equity lenses: academic, financial, family and cultural, and institutional/systemic. Attendees learned about effective practices and programs for closing those gaps and creating learning environments that result in greater equity, achievement and a high-quality education for all students. ASBA has gained some national attention because of this event. Other state associations are now working on their own events, as is the National School Boards Association. The feedback and reviews received were great!
President’s Message
By Jesus Rubalcava, ASBA President
Summer 2015 | ASBA Journal | 3
It All Begins with a Conversation
Leadership | Guidance | Relationships
Let ASBA Guide You in Finding the Right Leader
ASBA offers a wide range of search services, from full searches for a new superintendent to advertising for an interim superintendent. ASBA is the only member organization that represents every school district in Arizona, and has access to all school leaders.
Why Choose ASBA?
ASBA works with the board to identify the best process that works for them, using a flexible and customized approach that fits the district’s culture. It is important to know Arizona, its politics and issues that affect education in order to find the best and most qualified leader. Unlike other search firms, ASBA encourages the board to identify who they should interview, facilitates support including a FREE onboarding training session, once the district hires a new superintendent, and offers a reasonable pricing model, based on ADM that affords members with exceptional value and attentive service.
What Makes ASBA Unique?
• Familiar with Arizona politics and issues that affect education. • C reating a search process that fits your district’s culture. Participation in a national network of school board association searchers. • Knowledge of Governing Board Meeting Notices. • You decide who you should interview. • C omparative Salary and Benefit survey information, gathered annually by ASBA from Arizona superintendents Members of our ASBA leadership team are highly qualified and respected leaders in education. Executive searches are led by Karen Loftus, Director of Leadership Development and certified as a Senior Professional in Human Resources, the highest level of professional certification in the field.
A Successful Track Record – Over 80 Searches In 5 Years 4 | ASBA Journal | Summer 2015
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ASBA Continues to Move the Needle in K-12 Education
Leaderboard
One of my mentors taught me to be careful and deliberate in life and work by using the phrase, “measure twice, cut once.” The saying comes from craftsmen who have little margin for error, but it but applies to so much of what we do as a society and in our own personal lives. In leading a school, a school district, an association, and a family, this basic belief about innovating with knowledge has been part of my personal foundation. The development of education policy in Arizona would most certainly benefit from adopting such a philosophy. There are few professions where this advice would be more appropriate than ours as we have the future aspirations of children in our hands. Arizona has a well-documented history of moving K-12 education into little tested initiatives of what some believed to be school reform. After decades of this, there is an alarming lack of progress. I believe future generations of Arizonans will look back at this time and ask the question, “what were they thinking?” School reform and improvement is technically simple but socially complex. School leaders know what to do to dramatically improve the outcomes for children. Policymakers do not have the political will to make it happen.
In our work as school district and state leaders, we can apply this lesson and the meaning is clear. Determine what to do, check to be sure you are right, and then implement. So often at ASBA we see great examples of districts developing an initiative, building consensus on a strategy by spending the appropriate time and energy with parents and community to ensure acceptance, and then implementing. It works! “Measure twice, cut once.” We at the Arizona School Boards Association pride ourselves on getting it right and being coordinated in our work representing our member districts. As we move into the second half of 2015, we aspire to continue to refine our own approach to help “move the needle” in K-12 education in our state. The ASBA Legislative Agenda will be developed this summer while the advocacy team, now totaling over 13,000 members, will be developing strategy to continue the great momentum we have generated. We appreciate and take seriously your continued support as we work together to initiate change to help our Arizona kids.
Viewpoints
By Dr. Timothy Ogle, ASBA Executive Director
measure twice, cut once
Summer 2015 | ASBA Journal | 5
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6 | ASBA Journal | Summer 2015
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The Arizona School Boards Association was honored as the Education Visionary Award recipient at the 10th Annual Education Visionary Awards Ceremony hosted by the Peoria Education Foundation in March. ASBA was presented with this prestigious award for its advocacy efforts and overall support for public education throughout the entire state. Each year, the Foundation honors a community partner, nonprofit collaboration, business leader, and education visionary recipient.
Kathy Knecht, PUSD board member, Tamara Caraway, Peoria Education Foundation and executive vice president of Hunt and Carawy Architects, Dr. Timothy Ogle, ASBA executive director and Dr. Denton Santarelli, PUSD superintendent.
ASBA News
ASBA presented with visionary award by Peoria Education Foundation
Dashboard
ASBA implements new notification system In order to better communicate and share valuable information with members such as upcoming events, in-session updates and advocacy alerts, ASBA will be using School Messenger as its new phone notification system beginning this summer. This new system has the ability to deliver messages using multiple channels including voice, email, text message, push notification, social media, web post, desktop alert and more. Members will have the option to opt-in and receive text alert updates from School Messenger. There is no fee for this service. Members can opt-out if they choose not to receive text alerts. More information will be provided this summer.
Summer 2015 | ASBA Journal | 7
ASBA receives two ASPRAtions Awards for communication efforts
Lisa Irish, lead reporter, Caitlin Bohrer, intern and Nancy Dudenhoefer, director of public relations, Kyrene ESD.
The Arizona School Boards Association was honored with two Awards of Excellence this spring by the Arizona School Public Relations Association. Winning in the category of Business, Foundation or Civic/Community Organization for Contributions to Public Education is ASBA’s advocacy team, which consists of Janice Palmer, director of governmental relations and public affairs, and Geoff Esposito, governmental relations analyst. Also winning in the category Excellence with a Specific Program is ASBA’s AZEDNews, Lisa Irish, lead reporter, and Tracey Benson, director. Each year ASPRA recognizes standards of excellence in school public relations through its ASPRA*tions Awards. Winning entries demonstrate how sound public relations principles (research, analysis, communication and evaluation), creativity and a commitment to improving communications were used in pursuit of organizational goals.
Janice Palmer, director of governmental relations and public affairs, Danielle Airey, director of public relations, Peoria USD and Geoff Esposito, governmental relations analyst.
National “Abrazo” Lifetime Award presented to Arizona Hispanic former school board member Since 1998, the NHC has honored individuals who have demonstrated a commitment to improving the educational opportunities of Latino children through their time, energy and resources.
8 | ASBA Journal | Summer 2015
Elizabeth Sanchez, former school board member of the Alhambra Elementary School District and ASBA was honored with the first ever Abrazo Octaviano “Tony” Gonzales Award by the National School Boards Association’s National Hispanic Council (NHC). Sanchez has been a strong advocate for Latino students whether in the capacity as a school board member from 2005-2015, as well as served on the NSBA’s NHC Board of Directors. She is very involved in the community and volunteers her time with various organizations which include the National Association of Latino Elected Officials (NALEO) Education Task Force, NALEO National Policy Institute Healthy Communities and St. Luke’s Health Initiative. “Her passion and commitment to ensuring that all student receive access to a quality education that prepares them to succeed is why she was selected as this year’s honoree,” said Jesus Rubalcava, ASBA President. Sanchez was presented with the award at the NSBA Annual Conference held in Nashville, Tennessee.. The name of the award was suggested by then President Elect Octaviano “Tony” Gonzales – “abrazo” in English meaning to “hug or embrace” which is a gesture that Latinos often use to greet or say good-bye.
The ASBA website will be new and improved for the 2015-16 school year. The new website will incorporate a more clean and modern look. New features include a more responsive design, descriptive tabs, new page layouts and more. It is fully responsive and looks great on smaller devices as well.
ASBA campaign celebrates public education heroes beginning in August
ASBA will be launching its Heroes of Public Education (HOPE) campaign in August as part of President Rubalcava’s annual theme. The HOPE campaign will celebrate the most influential people in the community that encourage, inspire and advocate for public education. Heroes can be educators, business leaders, parents, public elected officials or community members. The community is encouraged to submit photos of their local “Heroes of Public Education” on the ASBA website. Photos will be posted on the front of the ASBA website, Facebook and Twitter, publications, quarterly e-alerts to all members and on a photo slide at the annual conference. The community can download a publicity kit to recognize their local heroes at school board meetings, staff meeting or any other special event. The kit includes a media release, certificate, congratulations letter, publicity plan and ideas to promote your hero, special HOPE logos and a social media banner.
Members will view a similar look and feel when viewing events on the ASBA website.
ASBA News
ASBA website gets a new look
Dashboard
Board members Jesus Rubalcava (ASBA President and Gila Bend USD), Stephanie Parra (Phoenix Union HSD) and Corina Madruga (Tolleson Union HSD) pose with the traveling HOPE photo disk during the Equity Event reception. Look for the HOPE photo disk during our upcoming events!
Summer 2015 | ASBA Journal | 9
Value of Membership 10 | ASBA Journal | Summer 2015
According to the 2015 Building a Grad Nation report the national high school graduation rate hit a record high of 81.4 percent, and for the third year in a row, the nation remained on pace to meet the goal of 90 percent on-time graduation by 2020. This sixth annual update on America’s high school dropout challenge shows that these gains have been made possible by raising graduation rates for groups of students that have traditionally struggled to earn a high school diploma. The report also includes a comprehensive look at the student groups and geographic areas that contribute to this progress and that will be key in meeting the 90 percent goal. Below are several highlights from this report regarding Arizona’s graduation rates. Arizona saw its graduation rate decline and gaps widened for graduation rates between low-income and middle- and high-income students. Arizona, educating over eight percent of the nation’s Hispanic/Latino high school students, reported decreases in graduation rates for these students between 2010-11 and 2012-13. The decline in graduation rates in Arizona was experienced by all of its major districts, suggesting in this case, that perhaps some state level variables played a role. To view the entire report go to, gradnation.org.
ASBA News
Primary Resource on Public Education
2015 Grad National Report
Dashboard
Summer 2015 | ASBA Journal | 11
Equity
Arizona board members elected to national leadership positions The National Black and Hispanic Council of School Board Members held their elections for board of directors in March, during the 2015 NSBA Annual Conference in Nashville, Tenn. Three Arizona school board members were elected to leadership positions. Devin Del Palacio (Tolleson Union HSD) was elected to serve as National Black Council Pacific Region director; Stephanie Parra (Phoenix Union HSD) was elected to serve as the National Hispanic Council vice chair and John Gomez (Cartwright ESD) was elected to serve as the National Hispanic Council Pacific Region director. Jesus Rubalcava (Gila Bend USD and ASBA president) currently serves as the National Hispanic Council chair. Congratulations to these members and thank you for representing ASBA on a national level.
Board member Devin Del Palacio.
Board members Jesus Rubalcava, Stephanie Parra and John Gomez.
Calendar of Events July 4 September 7 September 9-11 September 12 September – October
12 | ASBA Journal | Summer 2015
Independence Day Labor Day – ASBA office closed ASBA Law Conference ASBA Delegate Assembly ASBA County Meetings
Shawn Watt
LITCH FIEL D EL EM EN TA RY SC H O O L D IST R ICT
Why did you become a board member? A combination of two primary reasons: wanting to be more involved in my kids’ education and a general desire to serve my community.
How long have you been a board member? I served January 2005-December 2014, 10 years that I will always cherish.
If you were stranded on a deserted island, what three things would you have and why? 1 My kids (they are my primary motivator in everything I do) 2 Tools (to enable me to build shelter and catch food) 3 A comprehensive collection of Lenny Kravitz’s music (for my personal entertainment and escape from everyday life)
Who has inspired you in your life and why? My Grandma Watt provided me a base of love, morals, wisdom and inspiration that guides me to this day.
How do you evaluate success in your school district? Besides the measurables/data, I find the unmeasurables (citizenship, character, etc.) to be equally as important to judging the success of our district. While a very subjective judgment, an emphasis on the types of kids we help develop into young adults is crucial to their future success in high school, college, and the “real world.”
ASBA is pleased to feature recipients of the All-Arizona School Board Award in the Profile in Leadership column, which appears in every issue of the ASBA Journal.
What would you like to change in public education, and how would you do that?
Profile in Leadehip
Dashboard
Funding is essentially at a crisis in the state of Arizona. Funding should be purposeful and not just thrown at the problem, but Arizona’s continually bottom-of-the-nation ranking in terms of per pupil funding is unacceptable.
What is your favorite ASBA moment? I really don’t have a specific moment, but I thoroughly enjoyed the educational opportunities and networking at various conferences I attended. They were vital to my growth and effectiveness as a board member.
Where do you see yourself in five years? All I really hope for is to be happy, healthy and smarter, and to enjoy watching my kids growing into adulthood. Anything else is a bonus and a blessing.
Summer 2015 | ASBA Journal | 13
“ Ah Ha” Moments From Arizona’s Newest Board Members
BY DON HARRIS
It’s only natural that new governing board members are finding they have a lot to learn, even if they’ve been active in the education field for much of their adult life. They understand that they’re part of a team by joining board members with more experience, their goals focus on improving the educational environment in their districts, and they quickly found out that working with the Arizona Legislature isn’t easy. Here’s a snapshot of the initial impressions and experiences of five first-year governing board members from around the state.
Ann O’Brien
Location: Deer Valley Unified School District serves in the areas of Phoenix, Glendale, Peoria, Anthem, New River and unincorporated areas of northwest Maricopa County, Ariz. Square Miles: 367 Student population: 34,000 Number of schools: 37 Ann O’Brien of the Deer Valley Unified School District, who has long been active in the district and served as a substitute teacher for five years, was not surprised by the “amazing and dedicated district staff.” But she was surprised by the learning curve she faced. “It was so much more than I anticipated,” O’Brien says. “Education is so complex. There are the statutes at the state and federal levels, the ways of teaching, the needs of the children. It’s very complicated. I almost feel like I’ve gone back to school.” O’Brien, whose two children have attended DVUSD, says her favorite part of the job is being able to meet with students and staff. “I love to be in the classroom, to observe the learning that is going on.” Her biggest misconception, having come from the business world – she’s currently a Realtor – is that she believed some educational issues could be resolved at the business level. “I quickly learned that children are not widgets and schools are not manufacturing plants,” she says. “Each school and community has unique needs. We need to be flexible.” Her goal is to help educate the community about the positive things happening in traditional public schools. “It is imperative that our decision-makers – from the governor to the legislators to our voters – make decisions based on facts.” 14 | ASBA Journal | Summer 2015
Dee Puff
Location: Palominas Elementary School District serves in the area of Hereford in Cochise County, Ariz. Square Miles: 192 Student population: 1,028 Number of schools: 3
After 40 years as a teacher and 11 in administration, Dee Puff still knew she had much to learn as a governing board member at Palominas Elementary School District in rural Hereford. Fortunately, the four other board members had been serving for many years, enabling her to draw from their combined experience. She called the training provided by the Arizona School Boards Association “a godsend.” Puff came to the conclusion early on “that it is an important but difficult task to work with our legislators so they can see what schools need to really be successful.” This past legislative session she participated in ASBA lobbying efforts. “I found that out here in our district we were unable to talk directly to our representative and senator,” she says. “I called and sent emails, but I’m not sure they knew exactly how we felt. It’s very discouraging to think they are not listening to people in the field about what we need.” Puff hopes to learn more about mobilizing the electorate. “I want to get the word out to the public about all the good things that are going on in the schools, but also how they need to reach out to a legislator and tell him or her about the needs of the schools,” she says.
“Ah
Charlie Ellis
Location: West-MEC is based in Maricopa County, Ariz. It provides career and technical education services to 12 school districts in the West Valley serving Anthem, Avondale, Buckeye, El Mirage, Glendale, Goodyear, Litchfield Park, Peoria, Phoenix, Surprise, Tolleson, Tonopah, Wickenburg and Youngtown, Ariz. Square Miles: 3,685 Student population: 21,000 Number of schools: 46 high schools At West-MEC, a joint technical education district that serves more than 21,000 students from 46 high schools throughout the West Valley, new governing board member Charlie Ellis draws on a military background to inform his decisions at the board table. Ellis, who established Operation Enduring Gratitude, a foundation that performs makeovers for veterans whose homes and lives are in distress, says he has been pleasantly surprised by the large turnouts at board meetings. “It expresses a community understanding that our kids need options in life,” Ellis says. “If all K-12 education was just reading, writing and arithmetic, then actually we’ve given our children a great skill level but we haven’t given them an education that will take them anywhere. Look at the dropout rates, the high school attendance rates and college enrollment rates. It’s obvious by the sheer numbers that not everybody is going to go to college – at least not right away.” Ellis, who served in the Army National Guard for 13 years, wants to learn more about the relationship between district high schools and West-MEC. “They run parallel to each other,” he says. “I want to learn more about how the interaction between the two works.
Devin Del Palacio
Location: Tolleson Union School District serves the west valley Tolleson area in Maricopa County, Ariz. Square Miles: 102 Student population: 10,500 Number of schools: 6 high schools
Storyboard What’s more, a lot of people don’t know what school board members do. “That’s somewhat sad,” he says. “We’re making decisions that affect the future of their kids. They should be paying more attention.” Del Palacio wants to learn more about what constitutes a good budget. “Especially in Arizona, with the state Legislature and the governor really tightening our public education budget, what does a good budget look like?” Del Palacio says. “We make policy, and I want to be in the best position to make decisions that have a positive effect on our district.”
Terry Shobe
Location: Concho Elementary School District serves Concho in Apache County, Ariz. Square Miles: 300 Student population: 149 Number of schools: 1
Even though Terry Shobe, a retired rancher, former fire chief and now a governing board member at Concho Elementary School District in Apache County, had served on various state and local boards in the past, he faced a couple of challenges in his new role. “The biggest challenge was listening to your constituents – the people who put you in office,” Shobe says. “And you have to listen to the teachers.” The other challenge is trying to figure out what all the acronyms mean. “They use letters for everything,” Shobe says. “I’ve had to do some research.” Shobe’s immediate goal is to go through the budget in great detail with the district’s business manager. “I want to learn more about where the money is coming from and where it’s going,” he says. “The Legislature cut a lot of things and I want to know how it affects us.” Shobe’s favorite part of his job is seeing students receive awards at the end of the school year. “It brought back a lot of memories of when my kids were in school,” he says. Shobe hopes to hire a superintendent who is willing to settle in a small community and keep the school running as well as it has. Even though goals for new members vary, they all had one thing in common - to increase student achievement. The Key Works of School Boards is a new guide for effective boards that focus on five action areas framed around student achievement which include vision, accountability, policy, community leaders and relationships. Stay tuned to find out when this pre-conference will be held during this year’s annual conference.
Ah Ha” Being a new governing board member at Tolleson Union High School District confirmed for Devin Del Palacio that he is not a one-man show. “It’s a team effort,” he says. “I knew I’d be judged by what the board accomplishes as opposed to what I try to do on my own.” Del Palacio, who is in community relations for Goodwill of Central Arizona, chuckles when he says that many in the community thought being a board member was a paid position. “They really think we actually get paid,” he says. “When I tell them it’s a volunteer position, they look at me like I’m crazy. Why do I do it? I have a passion for public education. My payoff is seeing that kids have a chance at being successful.”
Don Harris is a Phoenix-based freelance writer and editor. He covers state education, school finance, legislative and policy issues for the ASBA Journal and other statewide publications.
Summer 2015 | ASBA Journal | 15
Can Board Members Change School District Culture? Setting the Tone and Expectation BY DON HARRIS
A good offense is the best defense when it comes to stopping bullying behavior, especially when nearly one in three students report being bullied during the school year according to the National Center for Educational Statistics. School board members can play a critical role in helping change this culture within their school districts. Youth development experts say addressing bullying behavior at the school level when it occurs is critical, but creating a district and school climate where bullying behavior is less likely to occur is the best way to curb unwanted, aggressive behavior that can cause physical or emotional harm. They say school board members can model and set the tone and expectation for a district culture that values how students are treated and how they treat each other. In the boardroom of the Whiteriver Unified School District on the Fort Apache Indian Reservation in the White Mountains, a poster is visible directly in front of the board. It simply says: “Is it good for kids?” So when board members are making decisions, they’re always looking at that message. It’s not a coincidence that Whiteriver is a Kids at Hope district. Kids at Hope, a not-for-profit character education program, inspires, empowers and transforms families, youth serving organizations, including schools, parks and recreation departments, police and fire departments, and entire communities to create an environment where all children experience success – NO EXCEPTIONS! The emphasis is on no exceptions. Rick Miller, founder and president of Kids at Hope, says school districts need to do more than have an anti-bullying 16 | ASBA Journal | Summer 2015
program, an anti-drug program, an anti-alcoholism program. There must be a focus on the culture of the community. “But, are we a kind school?” Miller says. “That means we show kindness to each other. Board members need to have a professional air toward kids. Show kindness to each other. Role model kindness. When people are kind to each other, that can’t be demonstrated in a program. It has to be demonstrated as part of the rhythm of the school. We spend 99 percent of our time wrestling with our bureaucracy and no time trying to understand our cultures.” Miller explains the meaning of culture. ”It is the way people believe about what they’re doing,” he says. “You can’t adopt somebody else’s mission statement. It’s the belief that you bring to the table. Do you truly believe all kids are capable of being successful? No exceptions? If you believe that, then you have to create a culture around that, an internal belief, not an external belief, which is what the bureaucracy tries to do.” Jeffrey Fuller, Whiteriver superintendent, agrees with Miller. “Obviously you set expectations by your board policies,” Fuller says. “Then you set expectations by example, by the way you treat other people, especially in front of kids. At board meetings, how the board conducts itself, how they deal with disagreements among themselves.” Whiteriver has teachers and staff members who are trained to follow the Kids at Hope philosophy, which helps in dealing with bullying. “Bullying is not really a discipline philosophy, it’s more of a youth-development philosophy,” Fuller says. “We also have counselors who deal with kids who
are bullying or being bullied.” At Pendergast Elementary School District, where the Kids at Hope philosophy is followed at all 12 schools, Superintendent Dr. Lily Matos DeBlieux says punishment doesn’t work when dealing with bullying. “You have to explain to them why that type of behavior is not appropriate,” she says. “Once you’re able to role play and explain it to them, they have a greater understanding of why it’s important to respect others.” One of Pendergast’s schools had a leadership academy for seventh graders called Being Courageous. It was a full-day retreat. Afterward, some of the students spoke at a board meeting. “They told how they learned how disrespectful they were being in bullying others,” DeBlieux says. “One student got up there and said publicly, ‘I want to apologize to the students. I’ll never do that again.’” Those seventh graders then will become leaders of the district’s schools as eighth graders. “You have to model your behavior to show what you expect from students, and develop those relationships,” DeBlieux says. “Being present and visible at the schools and at meetings, making sure they get to know you, get to talk to you, and that you’re respectful when you’re talking to them and their parents, and that you respect their diversity. Even body language can be used. What’s most important with students is just listening to them and giving them a voice.” Susan Serin, Pendergast governing board president, says the district is going to add a student behavioral specialist next year. “It will encompass training with counselors on strategies for behavior and social skills,” she says. “We’ll be training teachers to reinforce different social skills and expected behaviors and how students should be treated. And it will involve parents. It will be an excellent program and it’s what we’ve needed for the district.” Brad Snyder, executive director of Arizona State University’s Dion Initiative for Child Well-Being and Bullying Prevention recently spoke about emerging leadership issues in school climates and the characteristics of effective initiatives at the Arizona School Boards Association’s Summer Leadership Institute, says harsh programs – zero tolerance, three strikes and you’re out – have been shown to cause instances of violence that schools are seeking to correct. “Most students aren’t victims or perpetrators of bullying,” Snyder says. “You start by rewarding the peacemakers. If you want the remainder of the student body to be your allies to create safe schools, don’t make them responsible for punishment they think is too harsh. If punishment for bullying is expulsion, and the only way you know about that bullying is from bystanders telling you it occurred, don’t make that bystander responsible for getting his or her classmate expelled. That’s too much for them.” Too often, adults expect children to act appropriately without telling them what appropriate behavior is, Snyder says. “Talk to students about why they weren’t intervening on behalf of bullying victims,” he says. “What kids told us was that nobody told them they should be intervening. No one gave them explicit instructions about what to do. We put young people in a social situation that they haven’t encountered.” The Dion Initiative for Child Well-Being and Bullying Prevention is a resource and research program at Arizona State University that promotes environments that foster the
Storyboard health, well-being, and academic success of children. This program is committed to promoting environments that foster the health, wellbeing, and academic success of children by bringing together renowned educators, dedicated direct service providers, and private-sector innovators to create a greater understanding of the obstacles our children face. Fuller of Whiteriver says new forms of bullying are a growing problem. “We’re seeing more of cyber bullying (on the Internet),” Fuller says. “Part of our technology plan as it’s integrated into the instructional day is that we teach digital citizenship. Our kids get lessons on digital citizenship and what’s appropriate and what’s not appropriate and to avoid certain things that can get you in trouble. They’re bullying other people because they think they’re anonymous, they’re just talking to a computer, but it really affects people.” Miller of Kids at Hope asks two questions of school officials: how many emotional deposits did you make to each other today, and how many emotional withdrawals did you make? He defines emotional deposits as recognizing the other person as a worthwhile and valued individual, giving specific examples and saying such things as, “Great to see you,” “Thanks for your help,” and “I’m glad I’m on the same team with you.” Experts generally agree that school board members must set an example, an expectation of how members of that school community treat each other. “Make that declaration,” says Snyder of ASU. “We are a school that respects one another. We are a school that does not allow a member of our school community to be singled out and harmed. We value that person for unique contributions and ability. A lot of the behavior starts with setting the expectation in a very public way. That’s what leadership is about – setting that expectation.
Bullying discussion continues at ASBA’s 39th Annual Law Conference Sticks and Stones: Defeating the Culture of Bullying and Rediscovering the Power of Character and Empathy Keynote Speaker and National Bestselling Author Emily Bazelon Summer 2015 | ASBA Journal | 17
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Hot Weather, Heat Stress and School Safety THIS ARTICLE IS SPONSORED BY THE TRUST Each year, Arizona students compete in strenuous outdoor sports as well as play outside in the heat of the day. School staff experience temperature extremes when working outdoors or performing tasks in facilities that lack climate control. The combination of warm temperatures and physical exertion can create the potential for heat-related problems. Accordingly, great care must be taken to protect students and staff from the effects of heat illnesses.This article provides information regarding the causes, prevention and treatment of such illnesses.
Heat Illness: Basic Characteristics, Types, Legal Requirements Basic characteristics Heat illness occurs when the body’s core temperature rises to a dangerous level for a sustained period.This is particularly likely to occur when temperatures exceed 86 degrees Fahrenheit or humidity is greater than 80 percent and no special precautions have been taken. Types and treatments Heat illness can include a variety of symptoms and can take on a number of forms: • Heat-induced dehydration occurs when the body’s water content falls to a dangerously low level.Early signs of dehydration are dry lips, dizziness and lethargy. Treatment includes resting and increased fluid intake. • Heat cramps take the form of involuntary, painful cramping of the muscles, usually in the calves or abdomen.Treatment includes resting and cooling down, drinking water, clear juice or a sports drink with electrolytes, and practicing gentle range-of-motion stretching and massage on the affected area.Medical assistance should be sought if the cramps do not subside in approximately one hour. • Heat exhaustion is the most common heat illness. It is characterized by headache, dizziness, shortness of breath, goosebumps, nausea and vomiting.An individual may also experience heat cramps, heavy sweating, rapid or a weak heartbeat, low blood pressure, low-grade fever, fatigue and dark-colored urine. The victim of heat exhaustion should be moved to a shady or air- conditioned location, placed lying down with feet and legs elevated slightly and provided with cool
water to drink. The victim should also have any excess clothing loosened or removed, sprayed or sponged with cool water and fanned to accelerate cooling.Victims should be carefully monitored, as heat exhaustion can quickly become heat stroke. • Heat stroke is the least common but most serious (sometimes fatal) form of heat illness.If heat stroke is suspected, 9-1-1 should be called immediately. Heat stroke is characterized by disorientation, dizziness, convulsions, confusion and/or loss of consciousness.Other signs include irritability, hot/dry skin, increased body temperature, elevated or lowered blood pressure, rapid and shallow breathing and rapid/strong pulse. Treatment of heat stroke requires rapid cooling.While awaiting emergency responders, the victim should be moved to a shaded and/or cooled environment, covered with damp sheets or other dampened light cloth/fabric and sprayed with cool water. Legal requirements While being aware of and learning to deal with heatrelated illnesses is good practice, it is also the law.A.R.S. §15-341 (A)(24) requires district governing boards to “prescribe and enforce policies and procedures relating to the health and safety of all pupils participating in district sponsored practice sessions, games or other interscholastic athletic activities, including…the provision of water.” This requirement may have the greatest practical consequences in the areas of athletics and coaching. Coaches, just like teachers, are responsible for the welfare of students and must take appropriate measures to prevent harm.This includes promoting awareness of potential heatrelated illnesses and implementing plans for their prevention and treatment. Coaches need to inform student-athletes and parents regarding the requirements of their sport(s), the risks of heat illness and the proper steps to prevent heat illness. Coaches also need to provide for the health and safety of the athlete and enforce established rules regarding prevention of heatrelated illness and injury.
Prevention School personnel can take steps to help reduce the risk of heat-related illnesses occurring. A number of these are discussed on the following pages.
Summer 2015 | ASBA Journal | 19
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Monitor heat conditions One way to monitor heat conditions is to use the heat index (HI), which is the temperature the body feels when heat and humidity are combined.The higher the heat index, the greater the possibility that prolonged exposure or strenuous activity will lead to heat illness.With high heat index temperatures, students should balance practice or play with rest and hydration to minimize their risk. Keep in mind, the temperatures in heat index tables generally assume shady conditions and a light wind.Exposure to direct sunlight can increase the heat index up to 15 degrees Fahrenheit. Also, the heat index is only an informational tool and cannot substitute for experience and professional judgment. Avoid excessive physical exertion The best way to prevent heat injuries is to avoid excessive (or excessively vigorous) outdoor activities during times of high heat and/or humidity.
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20 | ASBA Journal | Summer 2015
Remain in air-conditioned facilities According to the Centers for Disease Control and Prevention (CDC), air conditioning is the number one protective factor against heat-related illness and heat-related deaths.Coaches, teachers, staff and students should remain indoors during extreme heat and/ or humidity. If this is impossible or impractical, the precautions discussed elsewhere in this document should be followed. The Arizona Administrative Code requires that classrooms be equipped with an HVAC system capable of maintaining temperatures in the range of 68 to 82 degrees Fahrenheit.If HVAC systems fail or are ineffective in maintaining temperatures in this range, schools should use temporary air conditioning or evaporative cooler units in occupied areas until the HVAC units are repaired.(Note that evaporative coolers are less effective during the monsoon season due to the increase in humidity.)Though electric fans may provide comfort, they will not prevent heat-related illness when the temperature is in the high 90s or above. Acclimation If outdoor activity cannot be avoided, acclimation is the recommended method for reducing risk.Acclimation means adapting oneself gradually to a change in environment.For outdoor activities, it means moderating activity to mitigate the risk of illness due to heat and/or humidity. Acclimation is achieved by exercising, working or playing moderately during repeated heat exposures.Acclimation usually takes 10 to 14 days.If individuals miss training sessions or other scheduled activities outdoors, the acclimation process must be extended. Regulate and monitor athletic training During preseason practices and training, many athletes will not be acclimated to the heat.To minimize heat stress, there should be a gradual transition to full-intensity practice, including full gear. All practices should be modified as necessary, based on the risk of heat-related illnesses. Other preventive measures • Recommend that students and staff increase fluid intake in warmer weather. * • Educate students and staff on the signs and symptoms of heatrelated illness. • Vary the duration and intensity of activity during high heat periods.
• P rovide breaks from outdoor practice, play, and work (preferably in shaded or cooled areas). • Check on students and staff periodically when they are playing, practicing or working outdoors, or in non–climate controlled environments. • Encourage the buddy system during outdoor activities. • Never leave students, staff or visitors in a closed, parked bus or vehicle. • Recommend the following steps for students and staff who will be engaging in outdoor or high-heat activities: – Drink extra fluids before (throughout the day), during and after such activities. – Wear lightweight, light-colored and loose-fitting clothing. – Maintain adequate rest and proper nutrition. – Monitor body weight daily (acute losses—greater than 3% of body weight—are usually water losses). – Eat a balanced diet with adequate potassium which provides for electrolyte replacement. – Replace lost salt by adding table salt to food (subject to physician approval; avoid using salt tablets and potassium supplements, as they can cause undesirable side effects; focus instead on proper hydration and nutrition). *Staff members working in warmer-than-average settings or performing work tasks that are more vigorous than average need to monitor their fluid intake, even if not working outdoors. The National Institute for Occupational Safety and Health
recommends that workers engaged in moderate activity in moderate conditions drink a cup of water every 15 to 20 minutes. This is roughly 24 to 32 ounces of water per hour. Workers may adjust this number upward or downward, depending on their individual circumstances.However, they should be encouraged to drink fluids before they become thirsty.
Treatment Heat-related injuries may be 100 percent reversible if immediate and proper treatment is given.The following treatment steps should be applied to individuals who exhibit signs of heat illness: • M ove to a shaded or air conditioned area immediately. • Loosen or remove excess clothing. • Position on back with feet elevated above the level of the heart. • Provide cool fluids to sip (if individual is conscious and not nauseated or vomiting). • Call 9-1-1 if heat stroke is suspected. Heat-related injuries are common but preventable. It is important to consider outdoor weather conditions (temperature, relative humidity and direct sunlight exposure) and available controls (air conditioning, shaded areas, drinking water and appropriate rest periods) prior to planning physical activities outdoors or in high-heat locations.
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22 | ASBA Journal | Summer 2015
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Summer 2015 | ASBA Journal | 23
Soundboard
Is ASBA Social Enough?
Communication and Engagement
Heidi Vega, ASBA Director of Communications Why use other communication tools when you can tweet or post a message or action in seconds? Hillary Clinton chose a YouTube video as her means for announcing her run for president, former Hewlett-Packard CEO Carly Fiorina decided to go with Twitter for her big presidential announcement and Amtrak provided two public statements on Facebook within hours after a recent train derailed in Philadelphia. All were able to send a message to millions of people across the world with a click of a mouse. Either you love it or you hate it, but Facebook, Twitter, Instragram and other social media outlets are here to stay! Over the last eight months, ASBA has really focused on using social media platforms to increase engagement levels. Several strategies included adopting a social media ambassador program, scheduled postings at
busiest times our users are on social media, and increase use of video, photos and infographics on many of our postings. ASBA was successful in increasing its page “likes” by 54 percent. Our social media ambassadors have done a tremendous job in sharing and promoting our ASBA news all around their digital communities. With their help our messages, alerts and infographics have spread all across the state. We were able to reach close to 50,000 people organically with our SB1172 infographic. Our Annual Legislative Wrap up Webinar infographic reached over 1,200 people which lead to over 500 people registering for the webinar this year. This was the highest number of registrations in ASBA history. We’re just getting started and we hope you join us! Or should I say “like” us?
@AzSBA
www.facebook.com/ASBAFans 24 | ASBA Journal | Summer 2015
Soundboard ASBA Social Media Ambassadors
Tadeo De La Hoya, Gadsden ESD
Ann Greenberg, Paradise Valley USD
Linda Lyon, Oracle ESD
Steven Chapman, Tolleson UHSD
Stephanie Parra, Phoenix UHSD
Richard Hopkins, Buckeye ESD
Kristel Foster, Tucson USD
Cam Juarez, Tucson USD
Kristel Foster, Tucson USD
Karen McClelland, Sedona Oak Creek USD
Marcelino Quinonez, Roosevelt ESD
Kim Hartmann, Scottsdale USD
Corina Madruga, Tolleson UHSD
Devin Del Palacio, Tolleson UHSD
Start Your Own Social Media Ambassador Program Identify active members within your school district communities who are active in social media circles focused in public education. Meet with these members to provide them with opportunities to share your district news and information using a variety of digital sharing strategies. Encourage your ambassadors to add their own personal touches or thoughts when sharing your district postings. The goal is to be different and bold in their own social media circles with your district postings.
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Soundboard
Taking notes that work I find much of the work I do as director of leadership development here at ASBA is taking things I have learned in one context and applying them to this world of preK-12 public education. The latest example I had of that was after reading an article I’d read in College Teaching called “A Note-Restructuring Intervention Increases Students’ Exam Scores.” The hypothesis was that students’ learning would be enhanced if, through intervention, they had to elaborate on and restructure the notes they’d taken in lecture. I find it fascinating that evidence is showing that giving students teacher-prepared notes or PowerPoint slides does not improve their performance. Students need to take notes in ways that are meaningful to them. It also helps when notes are restructured. Since training materials are often presented in class in a linear fashion, “it makes sense to return to one’s notes and organize them in a way that reflects the connections between ideas rather than simply the chronology of presentation.” (p. 95) During the study, random students •
ubmitted typed copies of their notes that S were restructured and reorganized
•
ummarized the main point of the lecture in S 30 words or less
•
elected one important detail from the S material presented in class and described it in 150 words
•
elated that detail to the most important R point of the lecture
Subsequently, results of exam questions from weeks in which students completed the intervention were compared to weeks they did not do so. The intervention improved student performance by a full class grade (11 percent) and it improved performance equally for students at the top, bottom and middle of the class. So, you’re wondering, what’s the connection to me and ASBA?
26 | ASBA Journal | Summer 2015
Picture this. You are sitting in one of our amazing ASBA conferences. You’ve uploaded each of the PowerPoint materials, and you’re listening as the content is presented. Fifty minutes is up and you move onto the next segment. At the end of the day your head is full of wonderful, new information you recall hearing and you head home. As you prepare for your next board meeting, you want to share your experience and learnings with your colleagues on the board. Where do you start? The study shows to first and foremost take your own notes because it is “the process, the engagement with the material—the cognitive exercise involved in recollecting, summarizing, reorganizing and restructuring [the notes] that actually matters the most.” (p. 98) By summarizing the main point of each session in 30 words or less, you’re well on your way to restructuring the material in a way that matters to you, and likely to others on your governing board as well. Reference: Cohen, D.; Kim, E.; Tan, J.; and Winkelmes, M. (2013). A note-restructuring intervention increases students’ exam scores. College Teaching, 61 (Summer), 95-99.
NOTE TAKING TECHNIQUES
Leadership Matters
Karen Loftus, ASBA Director of Leadership Development
Take notes during the training • Restructure and reorganize by idea, not chronology • Summarize the main point in 30 words or less • Select one important detail and describe it in 150 words • Relate that detail to the most important point
K-12 Education: Reductions, Reforms and Resilience
Soundboard
The 2015 Legislative Session was a whirlwind and one of contradictions – a K-12 education budget with cuts, yet additional inflationary monies appropriated; school capital funding at nearly zero, yet numerous bills to curtail local bonds and overrides; not enough general fund monies to invest in public education, yet numerous voucher and tax credit measures to use those scarce general fund dollars for private schools. We made it through this session relatively unscathed with all but two pieces of negative legislation defeated, yet to only talk about this session misses the real picture.
At a time when our expectations for students and staff have risen, our investment in those expectations have either declined or stagnated. We didn't lose much ground this session, but we also didn't move forward. At a time when our expectations for students and staff have risen, our investment in those expectations have either declined or stagnated. Since fiscal year 2008, up to the current school year (fiscal year 2015), state funding per pupil has decreased from $4,654 to $3,529 (when adjusted for inflation) – a decrease of $1,125 per student or 24 percent per student (JLBC, “K-12 Funding FY2006 through FY2015 est; 8/7/2014). This has meant the loss of state funding for full-day kindergarten, nearly all of our capital funding, loss of teacher performance compensation (known as Career Ladder), Student Success funding, and loss of 9th-grade
career and technical education monies to just name a few. And those cuts are not done. Two provisions included in the budget do not take effect until fiscal year 2017, but will be devastating unless addressed. The first requires all schools to be on current year funding, resulting in a $40 million cut statewide. A provision was included that requires the Arizona Department of Education to submit a report by the end of this year about feasibility of implementing. The second funds school district and JTED career and technical education (CTE) programs at 92.5 percent each, resulting in a $30 million statewide cut. But the impact is much bigger than that, undercutting the career and workforce development efforts espoused as critical for Arizona's future prosperity. At the same time, since 2010, K-12 public schools have seen the adoption and implementation of Arizona's College and Career Readiness standards in English Language Arts and Mathematics, the establishment of more rigorous teacher and principal evaluation systems, the A-F school and school district accountability system, the Move on When Ready program to give students various pathways to college and career, and the Move on When Reading program to ensure students meet third-grade reading expectations. All but the latter have been implemented without additional resources and, as mentioned above, in an environment of cuts. To the credit of schools, reforms without resources has not stopped the effective implementation. Arizona was an early adopter of what is now national reforms, and because of this we have also had the chance to identify areas that work and deficiencies. To that end, the State Board of Education (SBE) created a task force to look at Arizona's A-F Accountability system to ensure the formula actually measures what an effective school is. The SBE adopted the task force's guiding principles last December. The board also took the lead in introducing SB1289,
Capitol View
By Janice Palmer, ASBA Director of Governmental Relations & Public Affairs
Summer 2015 | ASBA Journal | 27
which provides a two-year transition period and its successful passage was ASBA's second top priority. Now the difficult work of creating that formula will happen this summer for draft legislation to be ready by December. In addition, the SBE has reconstituted the Teacher and Principal Evaluation Task Force to re-examine the framework with work beginning this summer. ASBA is actively involved in both, knowing how critical any changes made are done with integrity and for the betterment of our students. So, where do we go from here? The resilience of public schools is amazing. However, the lack of investment can no longer be hidden. It's not just the lack of raw financial investment, it’s the lack of vision and human investment that are integral to a well-functioning system. When schools lack teachers and leaders, that system is not workable. And so, we persevere, because we must. Over 1 million public school children are counting on each of us every day to be the voice that gives them a quality education for a quality life. That means we have hope in the future and faith in holding the past accountable. How can you be a part of that? First, use The Friends of ASBA Voting Records to hold legislators accountable for both the positive and negative votes they cast. Second, stay engaged by ensuring you are signed up for ASBA's legislative list serve and the Arizona Legislature's Request to Speak (RTS) system. Third, schedule an advocacy training to help inform your fellow community members about what's happening to public schools and how they are providing the educational services needed in spite of the cuts. Information can be found on azsba.org or by calling 602.254.1100. We just lost BB King who said "the beautiful thing about learning is nobody can take it away from you." And, indeed, it is also what our forefathers saw in the power of every child being granted a public education – but it needs to be a quality education and that is in jeopardy without a change in direction. That's why we have and continue to fight for public education. And nobody can take that from us! 28 | ASBA Journal | Summer 2015
ASBA’s legal mailbag: A tribute to David Letterman fans
Soundboard
David Letterman signed off late this spring after over 33 years on the air. I have to confess I am a huge David Letterman fan and have been since college. I remember staying up until midnight with my dorm mates to watch Dave and Larry “Bud” Melman, Harvey Pekar, Chris Elliott and all of the wonderfully strange, funny characters Dave assembled around him. One of my favorite bits Dave used to do was the “Letters” segment where Dave would read the letters brought from the “Home Office” in Wahoo, Nebraska (or Grand Rapids, Mich., or any other place whose name seemingly was pulled from a hat) with almost always absurdly funny results. As an homage to Dave, this edition of Education and the Law will focus on the correspondence that I have received recently. It won’t be funny like Dave’s letters but hopefully it will be helpful to the Arizona school leaders out there.
Q
Our board is currently conducting a superintendent search. My husband has an on-going business relationship (property investment) with one of our prospective superintendents. Do I have a conflict of interest in voting on and/or being involved in the search?
A
urprisingly, no. If this board member were S a member of a city council or county board of supervisors the answer would be yes. After all, Arizona’s Conflict of Interest statute, that applies to all public officials (A.R.S. § 38-503) states that:
“Any public officer or employee of a public agency who has, or whose relative has, a substantial interest in any contract, sale, purchase or service to such public agency shall make known that interest in the official records of such public agency and shall refrain from voting upon or otherwise participating in any manner as an officer or employee in such contract, sale or purchase.”
Furthermore, a “substantial interest” is defined in A.R.S. 38-502 as "any pecuniary or proprietary interest, either direct or indirect, other than a remote interest.” This latter provision requires an analysis of what a “remote interest” is (also A.R.S. 38-502); unfortunately, none of those defined interests fit the current situation. Therefore, we are back on whether there is a substantial interest for the board member that wants to be involved in the search. Remember, there is a substantial interest in the decision for the board member if there is a pecuniary interest for the board member or the board member’s spouse. “Pecuniary” means a financial or monetary interest. If this superintendent candidate is successful in his or her candidacy, clearly there will be a financial gain; this financial gain likely will have an impact on his or her business dealings. In my opinion, this board member does have a conflict of interest under THIS statute. However…. Consider this statute that is in found in our Education Code, Title 15. A.R.S. §15-323 states: “A. Notwithstanding any other provision of law, a governing board member is eligible to vote on any budgetary, personnel or other question which comes before the board, except:
1. It shall be unlawful for a member to vote on a specific item which concerns the appointment, employment or remuneration of such member or any person related to such member who is a spouse or a dependent as defined in section 43-1001.
2. No member may vote on the employment of a person who is a member of the governing board or who is the spouse of a member of
Education and the Law
By Chris Thomas, ASBA General Counsel and Director of Legal and Policy Services
Summer 2015 | ASBA Journal | 29
the governing board and whose membership on the board and employment are prohibited by section 15-421, subsection D.” This statute trumps the earlier statute because of the “notwithstanding” language. And this statute basically says board members can vote on any personnel decision unless that decision is 1) about the board member’s employment or the board member’s spouse’s employment OR 2) about the employment of another board member or another board member’s spouse. In other words, while this scenario would have been a conflict of interest under the general statute of A.R.S. §38-503, it is not a conflict of interest under the more specific – and controlling – statute of A.R.S. §15-323. Isn’t the law fun?
believe a school board member that 1) remains registered to vote in the district and 2) claims that address as his or her residency and 3) has some evidence to back up the plausibility of that assertion will prevail in a challenge to their resident qualification for the governing board.
Q
A
The board member should resign their position on board prior to a vote taken by the board to employee the (former) board member. Under A.R.S. §15-421 D. “(n)o employee of a school district or the spouse of such employee may hold membership on a governing board of a school district by which such employee is employed. Moreover, as we have already seen in A.R.S. §15-323, no board member can vote on their own employment or their spouse’s employment nor may board member vote on another board member’s employment or board member’s spouse’s employment. In addition, to avoid the appearance of impropriety, it is strongly suggested that the board member resign before beginning the application process. Yes, that does require the board member to risk not getting the job and losing the board seat, but there are much bigger stakes here – the public confidence in the school district to do things the right way.
Q
A board member is temporarily living outside of the district. However, the board member still owns property in the district and claims residency within the district at that property. Does the board member still meet the qualifications for board service in the district?
A
Yes. A.R.S. §15-421 sets the minimal requirements for school board service:
“A person who is a registered voter of this state and has been a resident of the school district for at least one year immediately preceding the day of election is eligible for election to the office of governing board member.” urthermore, A.R.S. §38-291 defines when a vacancy occurs F in a public office: “An office shall be deemed vacant from and after the occurrence of any of the following events before the expiration of a term of office: …5. If the office is elective, the person holding the office ceasing to be a resident of the state, or, if the office is local, or from a legislative or congressional district, the person holding the office ceasing to be a resident of the district, county, city, town or precinct for which he was elected, or within which the duties of his office are required to be discharged.”
A board member is interested in a job in the school district. Can the board member be considered for the position?
The qualifications for someone appointed to the position of governing board member are the same as those standing for election as a governing board member.
1
How do you score
as a School Board?
This is where this gets tricky. Residency is not defined in statute. We could go with the Webster’s definition – an official place of residence – or we could read the two requirements in A.R.S. §15-421 together. After all, one can only be registered to vote at one location; and that location must be a place where an argument can be made that the individual resides there. In addition, there was the famous case of Bob Stump, former Congressman from Arizona who served from 1977-2003. Congressman Stump represented a district on the west side of the Phoenix metro area, where he owned property and declared residency (and was registered to vote there). He admittedly lived in Central Phoenix, outside of his district. After an investigation, it was concluded that Congressman Stump met the residency requirements of the law. While I do not know how a particular court would see it, I 30 | ASBA Journal | Summer 2015
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Summer 2015 | ASBA Journal | 31
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32 | ASBA Journal | Summer 2015
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Summer 2015 | ASBA Journal | 33
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$6.00 QUALITY LEADERSHIP AND ADVOCACY FOR CHILDREN IN PUBLIC SCHOOLS
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