MSBA Journal: July-August 2021 by Minnesota School Boards Association

journal minnesota school boards association

July–August 2021

VOL. 74 ISSUE 1

MIN NE SOTAARDS SC HOOL BO N ASSOCIATIO

ad ards Learn to Le Where School Bo

MINNESOTA SCHOOL BOARDS ASSOCIATION

Where School Boards Learn to Lead

Opportunity Gaps Need a Systemwide Redo for Cultural Responsiveness Building Back to the Future Controversy in the Community

earned? Have We L t a h W : N M

nar i m e S r e m m u S 1 ugust 5, 202 A

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MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL

MSBA OFFICERS President: Michael Domin, Crosby-Ironton Past President: Deborah Pauly, Jordan MSBA DISTRICT DIRECTORS District 1: Nikki Gieseke, Owatonna District 2: Linda Leiding, Lake Crystal Wellcome Memorial District 3: Jeanna Lilleberg, Atwater-Cosmos-Grove City District 4: Cheryl Polzin, Wayzata District 5: Suzy Guthmueller, Centennial District 6: Michelle Yener, North St. Paul-Maplewood-Oakdale District 7: Joel Albright, Rosemount-Apple Valley-Eagan District 8: Zuki Ellis, St. Paul District 9: Julie Domogalla, East Central District 10: Jon Karger, Pelican Rapids District 11: John Berklich, Hibbing District 12: Jim DeVries, Mahnomen District 13: Kristi Peterson, Shakopee MSBA STAFF Kirk Schneidawind: Executive Director Gary Lee: Deputy Executive Director Kelly Martell: Executive Assistant Greg Abbott: Director of Communications and Marketing Denise Dittrich: Director of Government Relations Barb Dorn: Director of Leadership Development and Executive Search Jennifer Ebert: Administrative Assistant to Government Relations/Finance and Meeting Coordinator/MSBAIT Jackie Fahey: Administrative Assistant to Board Development Amy Fullenkamp-Taylor: Director of Management Services Gail Gilman: Director of Strategic Planning and Board Leadership Tiffany Gustin: Associate Director of Management Services Shelby Herrera: Administrative Assistant to Strategic Governance Donn Jenson: Director of Technology Katie Klanderud: Director of Board Development Kimberley Dunn Lewis: Associate Director of Government Relations Bruce Lombard: Associate Director of Communications and Marketing Maria Lonis: Associate Director of Management Services Terence Morrow: Director of Legal and Policy Services Jaymyson Sillman: Information Technology Support Joel Stencel: Director of Association Finance The MSBA Journal (USPS 352-220) is published bimonthly by the Minnesota School Boards Association, 1900 West Jefferson Avenue, St. Peter, Minnesota 56082. Telephone 507-934-2450. Call MSBA office for subscription rates. (Opinions expressed in the Journal are those of the writers and do not necessarily represent MSBA policy.)

MINNESOTA SCHOOL BOARDS ASSOCIATION

Where School Boards Learn to Lead

TABLE OF CONTENTS 7 | OPPORTUNITY GAPS NEED A SYSTEMWIDE REDO FOR CULTURAL RESPONSIVENESS

“Bridging gaps will get easier if we work together”

Dr. Jessica Garcia, Rochester School Board Member

10 | BUILDING BACK TO THE FUTURE

Summer Seminar will examine what we learned during the pandemic – and will look ahead to emerging issues MSBA Staff

14 | CONTROVERSY IN THE COMMUNITY

Ten Things a School Board Can Do to Help Stay the Course

20 | TO RETAIN OR NOT RETAIN? THAT ACTUALLY IS NOT THE QUESTION

“Retention as a remedial intervention has resulted in limited to no evidence of improving academic outcomes and life outcomes for students”

Kim Gibbons, PhD., Katie Pekel, EdD., Laura Potter, PhD., and Ellina Xiong, PhD.

26 | TOP OF THE CLASS

2021 MSBA Student School Board Member Scholarships awarded to Baleigh Peterson and Morgan Hoong

Greg Abbott, MSBA Director of Communications, and Bruce Lombard, MSBA Associate Director of Communications

Paula O’Loughlin, Director of Partnerships and Professional Learning at Equity Alliance MN

6 | STRAIGHT TALK MSBA Executive Director Kirk Schneidawind and MSBA President Mike Domin 30 | ASK MSBA MSBA Management Services Staff (Gary Lee, Amy Fullenkamp-Taylor, Tiffany Gustin and Maria Lonis)

32 | VENDOR DIRECTORY Pierre Productions & Promotions, Inc. 36 | LEGAL UPDATE Terence Morrow, MSBA Director of Legal and Policy Services JOURNAL | MINNESOTA SCHOOL BOARDS ASSOCIATION

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CALENDAR JULY 2021 4...............Independence Day 5...............Independence Day Observed (No Meetings) 15 ............MSBA Webinar Series – Back to School Hiring 20 ............New Board Member Conversation Webinar

AUGUST 2021 5...............Summer Seminar (Virtual) 10 ............Charter School Board Member Workshop (Part A) 12 ............Learning to Lead — School Board Basics: Phase I Workshop (Virtual) 17 ............New Board Member Conversation Webinar 17 ............Charter School Board Member Workshop (Part B) 19 ............Leadership Foundations — School Finance and Management: Phase II Workshop, Part A (Virtual) 26 ............Leadership Foundations — School Finance and Management: Phase II Workshop, Part B (Virtual)

SEPTEMBER 2021

Zac P.

9...............Building a High-Performance School Board Team: Phase III, Part A (Virtual) 16 ............Building a High-Performance School Board Team: Phase III, Part B (Virtual) 21 ............New Board Member Conversation Webinar 23 ............Representing Your Community Through Policy and Engagement: Phase IV, Part A (Virtual) 30 ............Representing Your Community Through Policy and Engagement: Phase IV, Part B (Virtual)

MSBA thanks Le SueurHenderson Public Schools Middle School/High School Art Instructor Shannon Froelich for sharing her students’ art in this issue. COVER ART:

Gretchen J.

Contact MSBA’s Bruce Lombard at blombard@ mnmsba.org if you’d like to see your students’ art displayed in a future MSBA Journal magazine.

JOURNAL | MINNESOTA SCHOOL BOARDS ASSOCIATION

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STRAIGHT TALK

Kirk Schneidawind

Mike Domin

To Help All Students Succeed, We Need to Hear the Voices from School Leaders of Color By MSBA Executive Director Kirk Schneidawind and MSBA President Mike Domin Beginning with this issue and running throughout the year, MSBA’s Journal will feature a series of articles with critical perspectives from Black, Indigenous, and School District Leaders of Color throughout the state. We are grateful to those who have agreed to share their voices. Expanding our world view by being able to understand and validate another’s experience is an important first step in closing the persistent gaps that have plagued our education system in this state for far too long. The K-12 education system, established in the 1860s, was never designed to serve all students. Answers are far from simple. Albert Einstein said “Not everything that can be counted counts and not everything that counts can be counted.” Our education system needs to take a hard look at how our students are being assessed and what exactly is being measured. We must also examine how the current standardized tests include biases against students of different backgrounds, including race, culture, and socio-economic status, and find more equitable ways to measure knowledge and student learning. School boards may have to look at how policies may need an equity lens when being adopted and implemented. Schools may have to examine their partnerships with cities and counties to ensure all children have the same supports from birth through school. Our schools don’t operate in isolation. The deaths of George Floyd and Daunte Wright reverberate throughout all communities in this nation and in our schools throughout Minnesota. Issues of safety 6

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and justice trickle down to the youngest students in every school. We need to address their social, emotional, and mental health needs so every student feels valued, feels safe, comes to school ready to learn, and is prepared to succeed. The issue is complex. MSBA has been advocating at the state level to increase supports to recruit, hire, and retain more Black, Indigenous, and teachers of color to better reflect the student population in Minnesota. For decades, MSBA has led the charge for predictable and adequate funding so all students have the necessary resources they need to succeed. The goals of diversity, equity, and inclusion have been a key part of our Association’s strategic plan – a plan developed and supported by the public school board members who serve as district representatives on the MSBA Board of Directors. In that plan, the MSBA Board and staff saw a need for us to partner with our associates in cities and counties. Mental health workers can support families with young children, cities and counties can help ensure affordable housing is not concentrated in one part of a city or county, and cities can support their libraries to partner with childcare providers to support early literacy for all families. We, as an association, deeply value the multiple perspectives of our board members, educators, and school district leaders who represent the BIPOC (Black, Indigenous, People of Color) community. By listening to their stories, hearing

what they would like our public education system to be, understanding what has and has not worked for them – this is how boards become better prepared to lead their districts to ensure all students achieve. Imagine Minnesota’s public education system if all students – regardless of background – had the same outcomes as our highest-performing students. We would be the envy of every state in our nation and every country in the world. Supporting all students to achieve at high levels should be the main goal of every public school board member, superintendent, teacher, and staff person. With every giant hurdle to overcome, we can start by simply listening – listening to people’s stories, listening to their concerns, their fears, and most of all, their dreams. This series of articles will also highlight successful equity initiatives that some districts have already put in place. Some of these stories may make us uncomfortable, but personal and professional growth is not always comfortable. We believe these stories will strengthen the work of our school boards. Making bold decisions is never easy and taking courageous action is always hard. The change our students need and deserve will require all of us working together so each one of our 850,000 public school students can succeed. Kirk Schneidawind is the MSBA Executive Director and Michael Domin is the MSBA President (and a Crosby-Ironton School Board member). You may contact them at kschneidawind@mnmsba.org and mdomin@ci.k12.mn.us, respectively.

MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL

ELEVATING VOICES FROM SCHOOL LEADERS OF COLOR

Opportunity Gaps Need a Systemwide Redo for Cultural Responsiveness “Bridging gaps will get easier if we work together” By Dr. Jessica Garcia, Rochester School Board Member

My Story

Dr. Jessica Garcia Author’s Note Having been asked to write an article for this series, I feel both honored and guarded. Guarded because BIPOC folx can often be left wondering if we’re being recognized or tokenized when asked to write or speak on issues about our communities. That means I’m hoping readers bring their open hearts and minds. Your BIPOC (Black, Indigenous and People of Color) colleagues, educators, and students need you to read this perspective and all those that come after it in the series so our voices are not just elevated, but regarded as important, necessary, and worthy. Even if I only reach one person with my message, it will feel worth it. If all you took away from this is that BIPOC electees – no matter how successful they are in their own right – are made to struggle in places of power and privilege because that is the way systems are designed, this will have been a success.

I am a clinical psychologist by training and work full time at a forensic mental health hospital. The day I filed to run for local office was almost two months after COVID-19 put the United States on lockdown, a few days after my 34th birthday, and less than a week before the murder of George Floyd. Despite all the ways the world was changing at the time, since I had been out of school for a few years, like any other person who is a glutton for punishment, I felt the need to put all my extra time and energy toward a worthy cause: bringing my expertise to public education. While campaigning I was open about being a queer woman of color, a millennial, and a transplant to Minnesota. Many of those things made people uncomfortable, but there were plenty of others who were excited enough to believe in my message. I made it through election night with a big win on my very first campaign. That excitement was short-lived as it was rivaled by news from my doctor that I was being diagnosed with a medical disability in the form of an autoimmune disorder. The intersectionality of my existence kept growing and I decided to bury myself in unapologetically representing the voices of community members of color and especially of those with intersecting social identities which combine to create additional layers of complex discrimination and disadvantage against them. I was living it and I wanted others to feel they were represented by my voice on the school board. Now, it would be remiss of me to not also acknowledge my privileges. My primary privilege is that my appearance does not necessarily automatically announce my differences or minoritized identities. As a result, I am defaulted into the “majority” group by most. This is often described as me being White presenting, straight presenting, and able-bodied presenting. It affords me the ability to move more easily about the world and gain access to places not typically reserved for people like me. Also, despite growing up in a continued on page 8

JOURNAL | MINNESOTA SCHOOL BOARDS ASSOCIATION

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ELEVATING VOICES FROM SCHOOL LEADERS OF COLOR

Hannah A.

poor working-class family, I have been able to move solidly into the middle class with my education and salary. Again, I share this because no matter how successful I have become and how much privilege I hold, systems are not built to welcome or include people like me. So, we reach the true issue of the article: If someone like me can struggle so much in these systems, think about how difficult it must be for our BIPOC students, educators, staff, and school board directors who do not carry these privileges. It is not that they lack the abilities and talents to achieve, it is that they lack the opportunities. The Issue(s) at Hand The “achievement gap” as educators call it did not appear in recent history, but started at the inception of public education in our country. The gap is not just affecting our students, but all our community members. The gap is also not a diagnosis, but rather a festering symptom of a larger problem: unchecked discriminatory practices by institutions that were built to uphold an ideal of who is deserving an education (and access to power) in this country and who is not. I would also like to make clear I use the phrase “opportunity gap” because “achievement gap” suggests the deficit is entirely the fault of the child, rather than the reality of it stemming from a lack of opportunity offered to these groups of individuals by the institution. In other words, if students

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of color are not given the opportunity to be educated as effectively as their White counterparts, how can we expect them to achieve at the same level? As I touched on before, the opportunity gap is not something to only think about in terms of students of color. Other underserved and underrepresented student groups fall victim to this gap. Intersectional students often see wider gaps. Educators, staff, and school board directors experience the professional version of the opportunity gap at their levels, as well. To illustrate the point, let’s consider non-student examples of opportunity gaps. • A newly elected school board member whose primary language is Hmong. o If the school system is frustrated when the school board member does not communicate as quickly and efficiently in English as their cohort it assumes an achievement deficit. What if the school system did some analysis and realized it had created a culture designed around monolingualism with English as the expected dominant language? This would leave the system open to also acknowledge how their Hmong families might feel disconnected from the district if they treat their multilingual leaders in such a way that opportunities are restricted and cultural responsivity is not at the forefront of their equity practices. Taking

MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL

ELEVATING VOICES FROM SCHOOL LEADERS OF COLOR

Adrielle P.

that temperature and making needed adjustments would be recommended. • A dynamic and assertive Black educator looking to be promoted. o If the school system is uncomfortable with the educator for not being complacent like much of staff and feels they would not be a “good fit” for a leadership role, it assumes an achievement deficit. What if the school system did some analysis and realized it created a system which rewards homogeneity of thought and agreeableness? This could lead to the recognition of an opportunity not being presented because the educator breaks the mold of the expected school system comportment. Once this is realized, efforts can be made to shift to a culturally responsive environment which supports educators by providing them equitable access to leadership opportunities. How Do We Fix It? There is no quick fix for bridging hundreds of years’ worth of growing opportunity gaps, but cultural responsivity is a great place to start and continually grow. True dedication to cultural responsivity is a lifelong journey. Just as Yvette Jackson acknowledged in her foreword of Zaretta Hammond’s “Culturally Responsive Teaching and the Brain,” neuroscience research indicates “culture is the

JOURNAL | MINNESOTA SCHOOL BOARDS ASSOCIATION

fundamental imperative for learning.” She also stated, “Cultural responsiveness is not a practice. It’s what informs our practice so we can make better teaching choices for listening, engaging, motivating, supporting, and expanding the intellectual capacity of all our students.” I would expand that to all our community, because our students of color do not stop being seen as underachieving when they leave the classroom, they continue to be seen and treated as such in other systems, as they grow up, and even when they return to education as an educator, staff, or school board director. I hope by using my own story to highlight the struggles BIPOC leaders face it gave you at least one perspective of how difficult it can be to just exist in certain spaces, let alone gain access to those spaces. So, if you read this full article to the end, thank you. If you have lived any part of what is written in this article, you’re amazing and please feel free to reach out and tell me your story. Bridging gaps will get easier if we work together and once those leading the charge start to look as diverse as our wider community, it will be a more equitable and inclusive place for us all. Dr. Jessica Garcia is a Rochester School Board member and a clinical psychologist. To respond to the article, you can reach her at jegarcia1@rochesterschools.org.

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2021 SUMMER SEMINAR

MN: What Have We Learned?

Building Back to the Future Summer Seminar will examine what we learned during the pandemic – and will look ahead to emerging issues By MSBA Staff MSBA is offering the Summer Seminar in a virtual format this year. The feedback from the MSBA Membership was the 2020 installment was a success online! The theme of this year’s Summer Seminar is “Building Back to the Future – Minnesota: What Have We Learned?” The COVID-19 pandemic provided numerous challenges to school boards, superintendents, district staff members, and our students. The Summer Seminar will explore how distance learning and in-person instruction worked, or didn’t work, during the past academic year via the opening session, “Minnesota Safe Learning Survey Report.” The “Minnesota Safe Learning Survey Report” will be presented by Dr. Katie Pekel (Principal in Residence at the University of Minnesota) and Dr. Kim Gibbons (Director of the Center for Applied Research and Educational Improvement (CAREI) at the University of Minnesota). Pekel

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and Gibbons will share and discuss the results of two statewide surveys – one covering the first half of the 202021 school year and the second survey covering the second half of the school year. The remainder of the Summer Seminar will spotlight other ongoing or emerging issues concerning mental health, equity and inclusivity, and the constitutional education amendment proposal (aka the Page Amendment). Seminar attendees will also be treated to an update from Minnesota Department of Education Commissioner Heather Mueller and a MSBA “Gather and Greet” session which will allow board members to visit and network with each other. Visit the MSBA website at www.mnmsba.org/ SummerSeminar to access registration and additional information.

MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL

2021 SUMMER SEMINAR

2021 Summer Seminar Schedule Thursday, August 5, 2021 8:00 a.m. to 1:00 p.m.

Katie Pekel

“Minnesota Safe Learning Survey Report”

“Mental Health: Students, Staff, and You”

Katie Pekel, EdD, Principal in Residence at the University of Minnesota

Heather Lyke, Teaching & Learning Specialist, and Nick Truxal, Director of Teaching and Learning, Dover-Eyota School District

Kim Gibbons, Ph.D., Director of the Center for Applied Research and Educational Improvement (CAREI) at the University of Minnesota

The University of Minnesota’s Center for Applied Research and Educational Improvement (CAREI) continues to work with the Minnesota Department of Education through the Wisconsin-Minnesota Kim Gibbons Comprehensive Center (WMCC) to gather information via a survey regarding the experiences of educators, students (grades 6-12), and families regarding their educational experiences this academic year. Dr. Kim Gibbons and Dr. Katie Pekel will be with us to share the ongoing results of this survey – first administered in February 2021, covering the first half of the 20202021 school year – and the second administration of the survey in May 2021, covering the second half of the school year. Key findings from both survey administrations will be shared, as will comparisons among the two surveys.

The Dover-Eyota School District will present on the importance of staff well-being and how it effects our students. Learn what you can do as school board members to support your staff and their mental health within your own district.

“MDE Update” Commissioner Heather Mueller

Heather Mueller

What can Minnesota schools expect in the 2021-2022 school year? Join us for a message from Heather Mueller, the Commissioner of the Minnesota Department of Education.

continued on page 12 JOURNAL | MINNESOTA SCHOOL BOARDS ASSOCIATION

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2021 SUMMER SEMINAR

“District Equity and Inclusivity Framework: Forest Lake Area Schools” Superintendent Dr. Steve Massey, Staff, and School Board Member, Forest Lake Area Schools Forest Lake Area Schools will share how their Equity & Inclusion Framework informs the work and decisions that are made in the school district. The district uses its strategic plan to guide its framework and decisionmaking process. Lessons learned from their district to yours.

“Minnesota Constitutional Amendment” Kirk Schneidawind, MSBA Executive Director

Kirk Schneidawind

Dr. Terence Morrow, MSBA Director of Policy and Legal Services

“Gather and Greet” Hosted by MSBA Board of Directors and MSBA Staff Meet with fellow school board members from your MSBA Director District and other members throughout the state. This is not a presentation, but a session to talk with other school board members regarding emerging issues from your area and around the state. This hour will be an opportunity worth your time to gather with those school board members you have not met yet and to catch up with others. Visit http://www.mnmsba.org/SummerSeminar for more information.

Thank you to our 2021 Summer Seminar sponsors!

This presentation focuses on the Page Amendment, the proposal to amend Minnesota’s constitution to establish a child’s “fundamental right to a quality public education” and additional provisions. The amendment’s primary proponents — former Minnesota Supreme Court Justice Alan Page and Minneapolis Federal Reserve President and CEO Neel Kashkari — have Dr. Terence Morrow held public meetings and conversations with some Minnesota school board members about the amendment. Considerable public discussion by advocates and opponents has raised questions among Minnesota school board members and others. This presentation will review the amendment’s wording, the 2020 legislative effort to put the amendment on the 2022 Minnesota ballot, and future steps that may occur.

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Controversy in the Community Ten Things a School Board Can Do to Help Stay the Course By Paula O’Loughlin, Director of Partnerships and Professional Learning at Equity Alliance MN

Paula O’Loughlin

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Boundary changes. Distance learning. Equity initiatives. School closings. Budget cuts. There is no shortage of critical decisions that school boards need to make. Even without the emotional and physical toll of a global pandemic, many decisions that come before the board quickly become a lightning rod by striking deep division and mistrust within a community; and social media has made it easier than ever to build like-minded coalitions of community members who possess the will, the skill, and often the financial resources it requires to wage a well-orchestrated, sustained attack on the work that school boards need to do for their students.

Here are 10 things a school board can do to help themselves stay the course:

So how does a school board effectively recognize and listen to the voices of its most vehemently opposed constituents, while also staying the course so it may accomplish its goals of improving the learning conditions for each and every student? It most certainly requires a host of varying characteristics, including courage, tenacity, and an unrelenting focus on students in order for board members to stand strong and united in the midst of fierce opposition – no matter how small the cadre of voices may be.

2. Understand and validate any fear that may exist.

1. Identify common ground. No matter how contentious an issue, and regardless of how diametrically opposed opinions may be, there is almost always a shared value, belief, interest, or goal that everyone can agree upon. Invest the time to connect with people in a way that enables you to build empathy, increase understanding, and recognize one another’s humanity. I believe it is much more difficult for someone to vilify you once they realize you are a fellow human being who shares the same hopes and fears they do.

It is only human nature for people to react with strong emotion when they feel that they, or someone they care about, is at risk of losing something that is valuable and holds significance in their lives. Whether boundaries are being redrawn, a high school elective is being eliminated, or the school start times are changing, the fear of change and the fear of the unknown is real and deserves to be validated. Do your best to unearth whatever fear

MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL

Luella W.

may exist, name it, and recognize it. Though the outcome may not be what the person wanted, being heard and understood goes a long way. 3. Don’t take it personally. When considering running for school board, you may have been told you better develop a thick skin. Well, sticks and stones may break your bones, but words are immensely powerful and absolutely can hurt you. Do your best to remember that for some people, the school board is an all-too-convenient target for misplaced anger and that sometimes it’s much easier for people to project their frustrations onto you than it is to face whatever may really be going on. While the decisions elected officials make are certainly fair game for scrutiny, remember that any personal attacks often reveal much more about the person saying them than anything else. 4. Don’t make it personal. As tempting as it might be to give someone a piece of your mind, remember that you can never take your words or your actions back. Even if what you say or do isn’t being recorded (at least not to your knowledge), remember that you are held to a higher standard. Before saying or doing something you may later regret, first ask yourself, “If our students were here, would they be proud to have me as their school board member?” Whatever satisfaction you think you might feel by metaphorically knocking someone off their pedestal, remember it is an honor to serve as a school board member and as such, you have a responsibility to act honorably. 5. Establish and enforce healthy boundaries. Yes, you may happen to be a public servant, but by no means does that role ever require you to tolerate abusive, JOURNAL | MINNESOTA SCHOOL BOARDS ASSOCIATION

toxic, or threatening behavior of any kind. To quote Maya Angelou, “When someone shows you who they are, believe them the first time.” During my tenure on my local school board, there was a community member who repeatedly demanded that I meet with them. Over the course of two years, this person sent me dozens of emails, spoke at almost every public comment portion of our school board meetings, specifically addressing me, and demanding to know when I would meet with them. Suffice it to say, it did not feel safe for me to meet with them, even in a public setting and even with other people present. Sometimes boundaries are necessary; enforce them when you need to. 6. Once a decision has been made, speak with one voice. A divided school board can lead to a divided community. In the wake of a contentious vote, a community has little chance to heal and move forward if even one board member continues to publicly speak against the final decision of the board. Though no individual board member holds any real power, the community may remain divided so long as it is perceived that a board member is using their positional power and public platform to champion and endorse the dissenting point of view. 7. Mind the data and know the facts. It is not hyperbole to say that the decisions school boards make have the potential to shape the trajectory of a child’s life. Too much is at stake and it is your responsibility to be as fully informed as possible. Take the time to do your due diligence by asking the tough and necessary questions, even if – especially if – some people are dismissive of the data because it doesn’t support their position. Keep student impact at the center of every question. Ask questions that focus on improving the learning conditions and increasing JULY–AUGUST 2021

Jacob E.

outcomes for all students. Having a deep understanding of the complexities of the issue at hand won’t necessarily mean less opposition from members of the community, but it will hopefully demonstrate your commitment to making studentfocused, data informed decisions. 8. Support your superintendent in both word and in deed. Do what it takes to develop, earn, and maintain trust between you and your superintendent. Be honest, be clear, and work diligently as a board to create the conditions for your superintendent to succeed. Communicate, communicate, communicate. When your superintendent is supported by the board and you all are pulling in the same direction, your students will be the beneficiaries. Asking tough questions, having a difference of opinion, and ensuring accountability are all constructive behaviors; going for a “gotcha” moment, undermining their leadership, and overstepping your governance role are all destructive behaviors.

are actively courted by those in the community who possess a high degree of social influence or political capital. Be cautious of those who want to use your “status” to advance their own agenda and be sure to surround yourself with trusted confidants who will help keep you grounded when you need it the most. 10. Remain unapologetic in your advocacy for all students. The pressure you will receive from a myriad of stakeholder groups can be intense and unsettling. Remember why you ran. Recognize the tremendous honor and privilege you have to serve our young people. Remain steadfast in your belief that all students deserve an excellent education where they are seen, heard, and understood for exactly who they are. Stay focused on your district’s goals and support your fellow board members. Most of all, call upon your courage to prioritize the needs of your students over the comfort of yourself or other adults. You are the leaders our children are counting on.

9. Keep the ego in check. It’s easy to understand how board members may become smitten by the sudden influx of attention, preferential treatment, and whatever other benefits may accompany their newly elected role. Many parents, teachers, and community members alike often show a certain deference to their school board members and some school board members

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Paula O’Loughlin is the Director of Partnerships and Professional Learning for Equity Alliance MN and is teaching Listen2Lead: A Journey to Equity Consciousness - Board Governance Through an Equity Lens. You can contact Paula at poloughlin@ea-mn.org to learn more or comment on this article.

MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL

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Our attorneys provide responsive, creative, practical and high-quality legal services to public school districts. Alex D. Ivan Greg S. Madsen Peter A. Martin Maggie R. Wallner Adam C. Wattenbarger Jenny S. Boulton Josh P. Devaney Martha N. Ingram Sofia E. Lykke Sarah J. Sonsalla James M. Strommen

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Objectives:

SECURITY • LIQUIDITY • YIELD Since 1984, MSDLAF+ has offered competitive investment options to Minnesota schools and related entities. As you proceed through the coming months, please remember that MSDLAF+ provides: • Unlimited number of accounts and no minimum investment requirement • Check writing, next day ACH, and same day Fed wires • Variable and fixed-rate investment options • Professionally managed portfolio • A simplified manner of monitoring collateral • A dedicated client service team For further information contact: Carole Loehr Senior Managing Consultant 320.202.1421 loehrc@pfm.com

Brian Johnson Senior Managing Consultant 612.371.3750 johnsonb@pfm.com

Melissa Birdsall Senior Managing Consultant 612.371.3739 birdsallm@pfm.com

Amber Cannegieter Key Account Manager 717.213.3871 cannegietera@pfm.com

This information is for institutional investor use only, not for further distribution to retail investors, and does not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors should consider the investment objectives, risks, charges and expenses before investing in any of the Fund’s series. This and other information about the Fund’s series is available in the Fund’s current Information Statement, which should be read carefully before investing. A copy of the Fund’s Information Statement may be obtained by calling 1-888-4-MSDLAF or is available on the Fund’s website at www.msdlaf.org. While the MSDLAF+ Liquid Class and MAX Class seek to maintain a stable net asset value of $1.00 per share and the MSDLAF+ TERM series seeks to achieve a net asset value of $1.00 per share at its stated maturity, it is possible to lose money investing in the Fund. An investment in the Fund is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Shares of the Fund are distributed by PFM Fund Distributors, Inc., member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC.

The Minnesota Healthcare Consortium, a coalition of seven Minnesota Service Cooperatives, provides hundreds of school districts, cities and counties with robust, flexible and affordable health care. In addition to a comprehensive health care offering, MHC offers a best-in-class spending account administration service, featuring industry leading return rates and account fees. Contact your local Minnesota Service Cooperative representative to learn more. Northwest Service Cooperative Dan Weir danjw@ebisinc.net

Northeast Service Cooperative Jeanette Mellesmoen jmellesmoen@nescmn.net

MHC Ad_MSBA Journal_Jan-Feb 2021.indd 18 JULY–AUGUST 2021

Lakes Country Service Cooperative Melissa Walvatne mwalvatne@lcsc.org

Resource Training & Solutions Brittani Daniel

Southwest/West Central Service Cooperative Mari Wagner bdaniel@resourcecoop-mn.gov mari.wagner@swsc.org

South Central Service Cooperative Wendell Sande wsande17@msn.com

Southeast Service Cooperative Bill Colopoulos bcolopoulos@ssc.coop

10/28/2020 3:56:21 PM MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL

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To Retain or Not Retain? That Actually Is Not the Question “Retention as a remedial intervention has resulted in limited to no evidence of improving academic outcomes and life outcomes for students” By Kim Gibbons, PhD., Katie Pekel, EdD., Laura Potter, PhD., and Ellina Xiong, PhD

Kim Gibbons, Ph.D., is the Director of CAREI.

Laura Potter, PhD

As the conclusion to a very trying school year has come to pass, and we turn our focus to summer school and next fall, there are likely lingering wonderings among educators and parents: Did [insert student name] learn enough to go to the next grade? While the question is understandable, it is important to situate this question in two important contexts. The first: a global pandemic. As individual teachers and parents worry about individual students, and educators and leaders worry about groups of students, we need to remember that ALL kids lived through this time and thus it is not as if only some were disrupted. The second context we must consider is what we know about retention; the research on retention as a practice is abundantly clear: it is not in the long-term best interest of students. It is this topic – retention – that we feel it important to discuss in this article so that when we are faced with these decisions at a policy or even an individual student level, we are entering these discussions grounded in sound research. What is Retention?

Katie Pekel, Ed.D.

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Ellina Xiong, PhD

Retention is the practice of requiring students to repeat or remain in a given grade level for an additional subsequent school year, or waiting to enroll students into kindergarten past the time when they are age-eligible (e.g., “repeating a grade,” “being held back,” ”flunking”). Many families and school teams retain students based on the belief that children will learn more academically or develop further social-emotionally by repeating a grade (Krier, 2012; Fait,

MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL

Emily L.

1982). Retention continues to be a controversial instructional decision that is considered, and debated, for students across all grade levels despite decades of research indicating negative outcomes for students. Retention is proposed for many reasons, including difficulty keeping up with grade level academics, immaturity or late birthdays, missing a lot of school due to absences, and/or limited English skills. The most common reasons for student retention are academic failure due to reading problems in the primary grades and failure to earn course credit during the high school years (Smirk, 2001). Some teachers and administrators are in favor of the practice, thinking that it allows students time to develop necessary skills (House, 1989; Hong & Yu, 2008; Krier, 2012; Hanover, 2013). What Does the Research Say About Retention? The majority of studies from the past five decades indicate that the practice of retention as a remedial intervention has resulted in limited to no evidence of improving academic outcomes and life outcomes for students (Hattie, 2009; Jimerson, 2001). In fact, recent research indicates that retention has a negative effect size averaging -0.16 across 207 studies (Hattie, 2009). This means that not only did retention not improve outcomes, it actually made outcomes worse. From a student’s perspective, when rating the perceived trauma of stressful life events, sixth

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grade students rated grade retention as eliciting the same level of stress as losing a parent or going blind (Anderson, Jimerson, & Whipple, 2002; Jimerson et al., 2005). Other negative outcomes of retention include school dropout, negative peer relationships, lower self-esteem, and increased engagement in high risk behaviors (e.g., cigarette smoking, alcohol and drug abuse, early sexual activity, and violent behaviors (Canter, Carey, & Dawson, 1998 Jimerson et al., 2005). In fact, retention is a significant predictor of school dropout because students are 5-11 times more likely to drop out of school when they are retained (Hanover 2013; Jimerson et al., 2001). Furthermore, many educators and families advocate for retention because the student is “immature.” No evidence exists to support this argument and in fact, many retained students experience high levels of mental health concerns as they get older (Canter, Carey, & Dawson, 1998), which suggests that retention did not support students’ social-emotional development in the long term. A few studies have found positive effects of retention; however, initial positive effects tend to diminish over time (Hughes et al., 2010; Tingle et al., 2012; Wu et al., 2008) and do not outweigh the long-term negative repercussions of retention. These temporary benefits can be deceptive, as teachers do not usually follow student progress beyond a few years (Anderson, Whipple, & Jimerson, 2002).

JULY–AUGUST 2021

Gretchen J.

When considering the above research, note that these reflect averages across groups of students rather than individuals. Although there are individual stories of success, there is no way to determine for which students retention will work. However, there is a substantial body of evidence that suggests the high likelihood that students will experience negative effects. What are Alternatives to Retention? The research is clear that retention has not been shown to be an effective practice in promoting student success (Jimerson, 2001); retention has had the opposite effect on students’ academic achievement and life outcomes. However, the use of social promotion, which often results in advancing students to the next grade level without additional support, is not a recommended practice. As a replacement to social promotion and retention, schools should consider “promotion plus” strategies. The philosophy behind promotion plus is to develop an intentional support plan that consists of evidence-based interventions and considerations of the student’s history and background to ensure school success (Jimerson et al., 2005). There are multiple factors that contribute to students’ struggles in school, therefore, support plans must also reflect the multi-factor dynamics of students’ struggles. Promotion plus strategies are recommended to operate within a multi-tiered system of supports (MTSS) framework. An MTSS framework allows schools to proactively identify students at risk of low performance and provide a continuum of supports (i.e., Tier 1, 2, 3) to meet the needs of all students. Below are strategies school leaders should consider when implementing an effective MTSS framework:

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• It is essential to establish comprehensive supports that develop not only academic skills, but also social-emotional competencies. In fact, an integrated model that weaves together academics and social-emotional learning has shown to have greater positive impacts on student outcomes compared to isolated systems or standard school practices (Cook et al., 2015). • Implement early identification practices that consist of utilizing universal screeners, applying clear data-based decision-making rules, and employing effective teaming structures that facilitate early interventions. This will prevent problems before they become severe and avoid the need to retain individual students. o Effective teaming requires teachers, administrators, and support staff (e.g., school psychologists, social workers, guidance counselors) to work collaboratively. This also means partnering with families to understand a students’ needs from the family’s perspective and actively engaging families in the student’s school experience. Parents are vital partners, especially when students are receiving intervention supports. • To support effective data-based decision-making, use assessments that are valid and reliable for its use (e.g., screening or progress monitoring), and for the student population of focus (e.g., high schoolers, English Learners). Moreover, students with severe needs who are receiving interventions should be progress monitored frequently and the data should be used to continuously inform the student’s instructional programming. See the

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National Center on Intensive Intervention at https://charts. intensiveintervention.org/ascreening for a list of valid and reliable assessments. • To effectively promote positive student outcomes, Tier 1 or core instruction must deliver high quality evidence-based instruction, and target essential skills students need for success. o In the area of reading, effective core instruction consists of the science of reading which includes systematic, explicit instruction in phonics and comprehension strategies (NRP & NICHD, 2000). In the area of math, this may include systematic, explicit instruction on properties of whole numbers and solving word problems (Gersten et al., 2009; NASP, 2020). In the area of social-emotional learning, this includes systematic, explicit instruction on mental health promotion (Splett et al., 2017). o Effective communication between grade level teams and opportunities for teachers to work with colleagues from preceding and subsequent grades (e.g., vertical PLCs) would be essential to closing the gap for struggling students. • Provide a positive school climate where students feel valued (NYASP, 2021). This may consist of integrating student voice (e.g., surveys) and promoting student agency (e.g., student advisory board) in school practices and policies. This may also include implementing culturally and linguistically responsive practices that are reflective of the student community. • Students should have opportunities to learn outside of the school day or school year to continue supporting their growth. Schools may consider extending their school day or offering summer learning programs (Protheroe, 2007). Schools should also consider collaborating with community programs to provide enrichment, tutoring or mentoring opportunities. Most importantly, schools should collaborate and work closely with community agencies to ensure that students and families can easily access social services when in need (Jimerson et al., 2005).

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What about Retaining Students with Disabilities? If retention is considered for a special education student, the team should inform families about the research on the outcomes of retention at the Individual Education Program (IEP) meeting. As with all major decisions involving special education students, the decision to retain is made by that student’s IEP team and on a case-by-case basis. A discussion should occur at the meeting regarding alternative supports and interventions to meet the student’s needs. Teams must also evaluate the extent to which the student’s current IEP (including a behavior intervention plan, when relevant) has been implemented with fidelity. Often times educators will recommend a delay to the entrance of kindergartners, a practice called redshirting. This decision can actually delay access to a wider range of services and access to daily support. Additionally, special education students are entitled to transition services until they reach the age of 21. If a student is retained, the student loses a year of these services. No matter the age of the student, the loss of that year of transition services should be explained to the family and considered at the IEP meeting. In the rare case that an IEP team decides to retain a student, the decision needs to be documented on the Prior Written Notice, including the potential effects that were shared with the family, other options considered, and why the team came to that decision. What Information Should be Shared with Families? The information outlined above can and should be summarized and shared with parents and caregivers who are considering retention. Given the context of the COVID-19 pandemic, it may be efficient/effective to share this information with all families, as this is likely a topic on the minds of many. The National Association of School Psychologists (NASP) has also produced this grade retention information sheet for parents at https://www. nasponline.org/assets/Documents/graderetention.pdf, which can be shared when appropriate. Additionally, remind families that they have many insights that will be informative and essential to their student’s individualized needs. They can help their student(s) avoid retention by: • Advocating for their student’s needs, while also sharing and

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emphasizing their student’s strengths when talking to school staff o Note: Remind families that they have access to advocacy supports through organizations such as PACER (https://www. pacer.org) • Providing a time and place within the home for the student to complete homework • Collaborating with teachers and other school staff to develop interventions and supports to meet their student’s needs and identify opportunities to enhance learning across all school environments • Frequently communicating with the school regarding concerns (e.g., academic, behavioral, social) as they arise • Being informed of their student’s assignments and homework as well as providing monitoring and assistance to support work completion • Assisting in their student’s overall health (e.g., sleeping habits, nutrition, school attendance, appropriate medical care; Jimerson, Pletcher, and Kerr, 2005). Resources on Grade Retention • National Association of School Psychologists Resources, Strategies and Research (https://apps.nasponline.org/searchresults.aspx?q=retention) • Center for Mental Health in Schools, UCLA Research Clearinghouse on Topic of Retention (http://smhp.psych.ucla. edu/qf/p1104_02.htm) • Five Factors to Consider When Parents Request Grade Retention for Their Child (https://districtadministration.com/5factors-to-consider-when-parents-request-grade-retention-for-theirchild) • The New York Association of School Psychologists (NYASP) School Re-Entry and Recovery in Response to the COVID-19 Health Crisis (https://www.nyasp.org/resources/Covid-19Practice-Document.pdf) References Cook, C. R., Frye, M., Slemrod, T., Lyon, A. R., Renshaw, T. L., & Zhang, Y. (2015). An integrated approach to universal prevention: Independent and combined effects of PBIS and SEL on youths’ mental health. School Psychology Quarterly, 30, 166–183. https://doi.org/10.1037/spq0000102 Gersten, R., Beckmann, S., Clarke, B., Foegen, A., Marsh, L., Star, J. R., & Witzel, B. (2009). Assisting students struggling with mathematics: Response to Intervention (RtI) for elementary and middle schools (NCEE 2009-4060). Washington, DC: National

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Center for Education Evaluation and Regional Assistance, Institute of Education Sciences, U.S. Department of Education. Retrieved from http://ies. ed.gov/ncee/wwc/publications/practiceguides/. Hanover-Research. (2013). Examining the impact of grade retention. Retrieved from http://gssaweb.org/wp-content/ uploads/2015/04/Examining-the-Impact-of-Grade-Retention-1.pdf Hughes, J. N., Cao, Q., West, S. G., Allee Smith, P., & Cerda, C. (2017). Effect of retention in elementary grades on dropping out of school early. Journal of School Psychology, 65(June), 11–27. https://doi.org/10.1016/j.jsp.2017.06.003 Jimerson, S. R., & Renshaw, T. L. (2012, September). Retention and Social Promotion. Principal Leadership, 12–16. Retrieved from http://www.nasponline.org/resources/principals/NASSP_Grade_ Retention_Sept_2012.pdf Jimerson, S. R. (2001). A synthesis of grade retention research: Looking backward and moving forward. The California School Psychologist, 6(1), 47-59. Jimerson, S. R., Pletcher, S. M. W., & Kerr, M. (2005). Alternatives to grade retention. Principal Leadership, 5(6), 11-15. Krier, J. (2012). Information Resource A Series of Information Resources on. Mental Health in Schools Program and Policy Analysis. Los Angeles, CA: UCLA National Reading Panel (NRP) & National Institute of Child Health, & Human Development (NICHD). (2000). Report of the national reading panel: Teaching children to read: Reports of the subgroups (NIH Publication No. 00-4754). Washington, DC: U.S. Government Printing Office. Retrieved from https://www.nichd.nih. gov/publications/pubs/nrp/documents/report.pdf National Association of School Psychologists (NASP). (2020). Considerations for math intervention upon the return to school [handout]. Author. Retrieved from https://www.nasponline.org/ resources-and-publications/resources-and-podcasts/covid-19resource-center/return-to-school/considerations-for-math-interventionupon-the-return-to-school New York Association of School Psychologists (NYASP). (2021). School Re-Entry and Recovery in Response to the COVID-19 Health Crisis [Practice Document]. https://www.nyasp.org/resources/ Covid-19-Practice-Document.pdf. Protheroe, N. (2007). Alternatives to retention in grade. Principal, 86(3), 30-34. Retrieved from https://www.naesp.org/sites/ default/files/resources/2/Principal/2007/J-Fp30.pdf Splett, J. W., Perales, K., Halliday-Boykins, C. A., Gilchrest, C. E., Gibson, N., & Weist, M. D. (2017). Best practices for teaming and collaboration in the Interconnected Systems Framework. Journal of Applied School Psychology, 33, 347–368. https://doi.org/10.10 80/15377903.2017.1328625

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Tingle, L. R., Schoeneberger, J., & Algozzine, B. (2012). Does grade retention make a difference?. The Clearing House: A Journal of Educational Strategies, Issues and Ideas, 85(5), 179-185. https://doi.org/10.1080/00098655.2012.679325

Kim Gibbons, PhD, is the Director of the Center for Applied Research and Educational Improvement at the University of MN and the Co-Director of the Wisconsin Minnesota Comprehensive Center. Her most recent book is Effective Universal Instruction: An Action-Oriented approach to Improving Tier 1 (2018). Katie Pekel, EdD, is the Principal in Residence at the University of Minnesota where she leads the Minnesota Principals Academy, the Executive PhD program; and the Urban Leadership Academy. Dr. Pekel has served at all levels of K-12 education including as a high school English teacher, an elementary principal and a middle school principal. Dr. Pekel recently has led two statewide surveys (https://www.

cehd.umn.edu/research/safe-learning-survey) regarding the impacts of the pandemic on K-12 education in Minnesota. Laura Potter, PhD, is a Research Associate at the Center for Applied Research and Eductaional Improvement where she engages in program evaluation and technical assistance work on a variety of projects, including Special Education and MTSS Audits and the Wisconsin Minnesota Comprehensive Center. Ellina Xiong, PhD, is a Research Associate at the Center for Applied Research and Educational Improvement where she works on multiple projects the help bridge research to practice and bring professional development to school and system leaders. Ellina is a licensed school principal.

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Top of the Class 2021 MSBA Student School Board Member Scholarships Awarded to Baleigh Peterson and Morgan Hoong By Greg Abbott, MSBA Director of Communications, and Bruce Lombard, MSBA Associate Director of Communications

Gibbon-Fairfax-Winthrop High School student Baleigh Peterson and Fairmont High School student Morgan Hoong were named recipients of the 2021 MSBA Student School Board Member Scholarship during the spring. More than 100 school districts have student school board members on their board, giving direct input on issues that affect their learning. The MSBA Student School Board Member Scholarship Committee reviewed 50 applications and narrowed the applicants to two $3,000 winners. This scholarship award is given as a way to reward and encourage students to become involved in governance of their school and for them to learn about the importance of having locally-elected school board members.

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MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL

Baleigh Peterson brought message of unity to district, communities Baleigh Peterson stepped onto the Gibbon-FairfaxWinthrop School Board not only during the challenge of COVID, but also the challenges of finding a new superintendent, trying to get out of Statutory Operating Debt, overcoming a recent Baleigh Peterson referendum defeat and trying to hold onto community while closing a school building. She said she saw first-hand how board members had to make tough decisions that were not easy on the school community – especially closing a school in Fairfax. She said the students were disappointed in how people in the different communities were dividing and tearing each other down. So at a meeting with the community watching, she asked to give a speech about how the students want all of the communities in the district to be unified. “I hoped that the community would see that the students are always watching their actions,” she said. “That night the

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decision was made to close the school, but the community did a better job of coming together.” Baleigh also had a front-row seat during a superintendent search for the district. “As a student, I felt it was important for the superintendent to be present in the schools. I also felt that due to our recent school building closure, our district needed someone energetic and someone with superintendent experience,” she said. She was very happy with the district’s pick of Jeff Horton. The district’s biggest hurdle is trying to get out of Statutory Operating Debt. “Big decisions don’t result in full agreement, but because of our first steps to get out of SOD, we are able to keep moving towards the goal,” she said. Throughout all the challenges, Baleigh feels the board has been able to keep its focus on students. “Public education not only focuses on children’s academics, but also supports steps for them to become well-rounded individuals,” she said. As a student, she was able to participate in many student groups, community activities and various organizations such as 4-H. “When students get involved in organizations, it opens new

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Zac P.

Morgan Hoong values community leadership, addressing education inequities

windows to their futures,” she said. Superintendent Jeff Horton said Baleigh was a breath of fresh air the district needed. “She was a glowing example of everything positive about the GFW Public School District,” he said. “She embodied the passion, spirit, and positivity that had made the district and community successful for so many years. Her only question was, ‘How can I help?’” If there’s anything about public education Baleigh would change, it would be an over-reliance on technology. COVID forced part of that emphasis on technology. “But after we get past COVID-19, it would be valuable for students to have a mixture of learning through technology and through paper and writing. Today, students spend so much time on technology because of online meetings, online learning, or simply having a technology-based school platform. It is good to get off of technology and learn hands-on.” Horton expects Baleigh to continue to do big things. “She is a bright, thoughtful, and positive woman who works endlessly every day to promote the good of the team,” he said. Next fall, Baleigh plans to attend the University of Minnesota St. Paul to major in Agricultural Communications and minor in Animal Science.

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Morgan Hoong

Morgan Hoong has put together an impressive high school career – which includes a 4.3 grade-point average. Morgan is also heavily involved in school activities and community leadership.

In his scholarship recommendation letter for Morgan, Fairmont Area Superintendent Joseph Brown wrote about Morgan’s service to the school board’s Curriculum, Operations, and Policy committee – and her service on the Community Education and Recreation Council. Also, Brown said Morgan coordinated the Martin County Mask-Up movement to help fight the spread of COVID-19. Morgan said she was eager to serve on the school board so she could create positive change within the school district – and also to be able to represent students of color within the school district.

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“I worked a lot with our elementary students and was in high school amongst my peers, and I thought I would have a good understanding of our students in order to represent them,” Morgan said. Nicole Green – the vice-chair of Fairmont Area School Board – wrote this about Morgan in her recommendation letter: “Morgan is also very adept at recognizing issues within our system and advocating for positive change. I am happy that Morgan has joined our board as a student representative and I am grateful for the insights she provides and the voice she gives to our students.” Morgan said the biggest thing she learned is how much our school board runs things for the district and the critical role that the board plays within the community. “In the time of school running through the pandemic, I saw how much the school board was a panel that works for the community,” Morgan said. “Through sitting through multiple committee meetings, I was able to see the work that our school board did aside from the regular public meetings.” Morgan said it was hard to have the school board members understand what school was like through a student and teacher perspective. “I think our school board has a very great disconnect between understanding what goes on within our school and the hardships that teachers and students face,” Morgan said. “However, we were once able to create a student survey and present our findings to our school board members so they could understand the hardships that students faced during distance learning. This issue is still ongoing, and I hope the next school board members are able to bridge the gaps between our school board and teachers and students.” In Morgan’s scholarship application essay, she wrote “As a low-income, first-generation Chinese American, I have experienced the educational disparities within our school district between low-income students, English learning students, and students of color.” Morgan said she used her power and position as a student school board member to bring together her school board and administrations to address and fix those disparities. She created the Fairmont Coalition for Equitable Education in which the superintendent, a school board member, and elementary and high school administrators met every Thursday.

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She worked with this group “to address our EL student achievement gap through creating accessible education, working on creating a comprehensive curriculum that includes people from marginalized communities, and changing our school culture in order for it to be a safe learning environment for all students.” “Creating this group has allowed me to present and address these issues with our school board and administration and have them make effective changes surrounding these issues,” Morgan added. According to Morgan, community involvement and leadership is “the most important thing ever.” “It is so important to know the other people in your community and understand them,” Morgan said. “It creates unity and connections amongst us, which allow us to grow together. We all live in the same community and maybe we all live our separate lives, but working together and creating connections allow our community to be the best that it can possibly be. Community leadership is about making the lives of those around you better, and there’s no better feeling than being able to help those around you. When asked if she would ever run for school board in the future, Morgan said she would consider it after college. “I still hold the same values in which I want to create equitable change within a school district, and I think the school board is one way in which I could do that,” Morgan said. Morgan plans to attend the University of California, Berkeley in the fall to study Economics and Sociology. Greg Abbott is the MSBA Director of Communications and Bruce Lombard is the MSBA Associate Director of Communications. You may contact them at gabbott@ mnmsba.org and blombard@mnmsba.org, respectively. Applications for the next MSBA Scholarship will be available in January 2022. Visit http://www.mnmsba.org/ MSBAScholarship for more information.

JULY–AUGUST 2021

ASK MSBA

Gary Lee

Amy Fullenkamp-Taylor

Tiffany Gustin

Maria Lonis

What Do Districts Need to Know About Meet and Confer? By the MSBA Management Services Staff (Gary Lee, Amy Fullenkamp-Taylor, Tiffany Gustin, and Maria Lonis)

Minnesota Statutes Chapter 179A – the Public Employment Labor Relations Act (PELRA) – requires public employers to meet with professional employees to discuss matters that are not considered “terms and conditions” of employment. Each year, MSBA receives many questions on the topic – included below are some of those questions. Q: What is meet and confer? A: M.S. 179A.03, Subd. 10 defines “meet and confer” as “the exchange of views and concerns between employers and their employees.” Q: Does PELRA have any requirements as to when and how meet and confer meetings must be held? A: Yes. PELRA states the parties shall meet once every four months and the school district shall provide the facilities and set the time.

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Q: Must the school district meet and confer with all its employees? A: Maybe. PELRA only requires school districts to meet and confer with professional employees; however, some school districts have negotiated “meet and confer” language in all its collective bargaining agreements. Q: Who is considered a professional employee? A: In pertinent part, PELRA defines a professional employee as “any employee engaged in work predominantly intellectual and varied in character…involving the consistent exercise of discretion and judgment in its performance… requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning…or a teacher.” For school districts this means teachers, principals, and other licensed employees.

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Gretchen J.

Non-licensed employees have no statutory right to the meet and confer process. While school districts should not feel obligated to do so, some school districts do meet and confer with non-licensed employees.

Absent negotiated language in a school district’s collective bargaining agreement that states otherwise, some topics that may be discussed include setting the school calendar, class sizes, curriculum, etc.

Q: What can or cannot be discussed during meet and confer meetings?

If you have any questions on the meet and confer process, please reach out to your MSBA Management Services Staff.

A: During the meetings, the parties may “discuss policies and other matters relating to their employment which are not terms and conditions of employment.” As a reminder, the interpretation and administration of the terms and conditions may not be discussed either. Unions have attempted to use meet and confer to add, delete, or change existing Master Agreement language. Over the past year, topics were brought to meet and confer meetings because of the pandemic; however, many of the topics related to terms and conditions of employment, existing Master Agreement language, and inherent managerial rights.

JOURNAL | MINNESOTA SCHOOL BOARDS ASSOCIATION

The MSBA Management Services Staff is comprised of Gary Lee (Deputy Executive Director), Amy FullenkampTaylor (Director of Management Services), Tiffany Gustin (Associate Director of Management Services) and Maria Lonis (Associate Director of Management Services). You may contact them at glee@mnmsba.org, ataylor@mnmsba.org, tgustin@mnmsba.org, and mlonis@mnmsba.org, respectively.

JULY–AUGUST 2021

MSBA’s VENDOR DIRECTORY MSBA’s Vendor Directory helps connect school districts with the products and services they need. The directory is always at your fingertips. You’ll find it printed in the back of every Journal magazine as well as on the MSBA website at www.mnmsba.org. Most listings in the web version of this directory include a link so you can head instantly to a website or email address. The directory includes everything you need to know to contact a company quickly—phone numbers, fax numbers and addresses—in an easy-to-read format. If you have a service or product you would like included in this directory, please contact Erica Nelson at 763-497-1778 or erica@pierreproductions.com.

AGRICULTURE MN State Agricultural Centers of Excellence (Judy Barka) 1830 Airport Road Staples, MN 56479 218-894-5144 www.agcentric.org judy.barka@clcmn.edu

ARCHITECTS/ENGINEERS/ FACILITY PLANNERS Apex Facility Solutions, SBC (Cody Capra) 403 Jackson St., Suite 308 Anoka, MN 55303 715-519-0781 www.apex-co.us CodyC@apex-co.us ATSR Planners/Architects/Engineers (David Maroney) 8501 Golden Valley Road, Ste. 300 Minneapolis, MN 55427 763-545-3731, Fax 763-525-3289 www.atsr.com dmaroney@atsr.com Cuningham (John Pfluger) 201 Main St. SE, Ste. 325 Minneapolis, MN 55414 612-379-3400, Fax: 612-379-4400 www.cuningham.com jpfluger@cuningham.com DLR Group (Paul Lawton, AIA, ALEP) 520 Nicollet Mall, Ste. 200 Minneapolis, MN 55402 612-977-3500, Fax 612-977-3600 www.dlrgroup.com plawton@dlrgroup.com EAPC Architects Engineers (Sean Sugden) 539 Bielenberg Drive, Ste 115 St. Paul, MN 55125 701-412-3489 www.eapc.net sean.sugden@eapc.net

JULY–AUGUST 2021

GLTArchitects (Steve Paasch) 808 Courthouse Square St. Cloud, MN 56303 320-252-3740, Fax 320-255-0683 www.gltarchitects.com spaasch@gltarchitects.com Hallberg Engineering, Inc. (Richard Lucio) 1750 Commerce Court White Bear Lake, MN 55110 651-748-1100, Fax: 651-748-9370 www.hallbergengineering.com info@hallbergengineering.com ICS (Pat Overom) 1331 Tyler St. NE Ste. 101 Minneapolis, MN 55413 763-354-2670, Fax: 763-780-2866 www.ics-builds.com pat.overom@ics-builds.com InGensa, Inc. (Jacqui Coleman) 18215 45th Ave. N, Ste. C Plymouth, MN 55446 952-222-3551, Fax 952-222-9980 www.ingensainc.com jcoleman@ingensainc.com Inspec, Inc. (Jason Popovich) 5801 Duluth St. Minneapolis, MN 55422 763-546-3434, Fax: 763-546-8669 www.inspec.com jpopovich@inspec.com ISG (Paul Youngquist) 6465 Wayzata Boulevard, Ste. 970 St. Louis Park, MN 55426 952-426-0699 www.isginc.com paul.youngquist@ISGInc.com JLG Architects (Dan Miller) 525 Broadway Alexandria, MN 56308 320-759-9030 www.jlgarchitects.com info@jlgarchitects.com

Larson Engineering, Inc. (Matt Woodruff) 3524 Labore Road White Bear Lake, MN 55110 651-481-9120, Fax 651-481-9201 www.larsonengr.com mwoodruff@larsonengr.com

Wold Architects and Engineers (Vaughn Dierks) 332 Minnesota St., Ste. W2000 St. Paul, MN 55101 651-227-7773, Fax 651-223-5646 www.woldae.com mail@woldae.com

LSE Architects, Inc. (Jennifer Anderson-Tuttle) 100 Portland Ave South, Ste. 100 Minneapolis, MN 55401 612-343-1010 www.lse-architects.com jtuttle@lse-architects.com

ATHLETIC FACILITIES

MLA Architects (Mark Lenz) 12 Long Lake Road, Ste. 17 St. Paul, MN 55115 651-770-4442, Fax 651-770-1997 www.architectsmla.com mark@architectsmla.com Nexus Solutions (Michael David) 6885 Sycamore Lane North, Ste. 200 Maple Grove, MN 55369 612-747-1003, Fax 763-201-8410 www.nexussolutions.com mdavid@nexussolutions.com SitelogIQ (Ellen Schmidt) 2125 2nd St. White Bear Lake, MN 55110 888-514-1971, Fax: 952-487-9389 www.sitelogiq.com ellen.schmidt@sitelogiq.com TSP, Inc. (Von Petersen, AIA) 1500 Highway 52 N Rochester, MN 55901 507-288-8155 www.teamtsp.com petersenvj@teamtsp.com Wendel Architecture (Jim Wilson) 401 2nd Ave. North, Ste. 206 Minneapolis, MN 55401 612-332-1401 www.wendelcompanies.com jwilson@wendelcompanies.com Widseth (Mike Angland) 7804 Industrial Park Road Baxter, MN 56425 218-316-3608, Fax: 218-829-2517 www.widseth.com Mike.Angland@widseth.com

Inspec, Inc. (Jason Popovich) 5801 Duluth St. Minneapolis, MN 55422 763-546-3434, Fax: 763-546-8669 www.inspec.com jpopovich@inspec.com ISG (Paul Youngquist) 6465 Wayzata Boulevard, Ste. 970 St. Louis Park, MN 55426 952-426-0699 www.isginc.com paul.youngquist@ISGInc.com

ATTORNEYS Kennedy & Graven, Chartered (Maggie R. Wallner) Fifth Street Towers 150 South Fifth St., Ste. 700 Minneapolis, MN 55402 612-337-9300, Fax 612-337-9310 www.kennedy-graven.com contactus@kennedy-graven.com Knutson, Flynn & Deans, P.A. (Steve Knutson) 1155 Centre Pointe Dr., Ste. 10 Mendota Heights, MN 55120 651-222-2811, Fax: 651-225-0600 www.kfdmn.com sknutson@kfdmn.com Pemberton Law Firm 110 North Mill St. Fergus Falls, MN 56537 218-736-5493, Fax: 218-736-3950 www.pemlaw.com Ratwik, Roszak & Maloney, P.A. (Ann R. Goering) 730 2nd Ave S., Ste. 300 Minneapolis, MN 55402 612-339-0060, Fax 612-339-0038 www.ratwiklaw.com info@ratwiklaw.com Rupp, Anderson, Squires & Waldspurger, P.A. (Ann Thorne) 333 South 7th St., Ste. 2800 Minneapolis, MN 55402 612-436-4300, Fax 612-436-4340 www.raswlaw.com ann.thorne@raswlaw.com

MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL

Taft Stettinius & Hollister LLP (Daniel F. Burns) 80 South 8th St., Ste. 2200 Minneapolis, MN 55402 612-977-8511, Fax: 612-977-8650 www.taftlaw.com dburns@taftlaw.com

BUILDING ENVELOPE Inspec, Inc. (Jason Popovich) 5801 Duluth St. Minneapolis, MN 55422 763-546-3434, Fax: 763-546-8669 www.inspec.com jpopovich@inspec.com Kline-Johnson & Associates (Larry Brown) 2950 Metro Dr. Minneapolis, MN 55425 715-651-2500 www.kline-johnson.com larry@kline-johnson.com

COMMISSIONING Hallberg Engineering, Inc. (Richard Lucio) 1750 Commerce Court White Bear Lake, MN 55110 651-748-1100, Fax: 651-748-9370 www.hallbergengineering.com info@hallbergengineering.com ICS (Pat Overom) 1331 Tyler St. NE Ste. 101 Minneapolis, Minnesota 55413 763-354-2670, Fax: 763-780-2866 www.ics-builds.com pat.overom@ics-builds.com Nexus Solutions (Michael David) 6885 Sycamore Lane North, Ste. 200 Maple Grove, MN 55369 612-747-1003, Fax 763-201-8410 www.nexussolutions.com mdavid@nexussolutions.com

COMMUNICATIONS/MARKETING Captivate Media + Consulting (Jake Sturgis) 755 Florida Ave. S, Ste. D1 Golden Valley, MN 55426 612-314-3314 www.captivatemedia.us jake@captivatemedia.us

CONSTRUCTION MANAGEMENT & CONSULTING SERVICES Adolfson & Peterson Construction (Patrick Sims) 5500 Wayzata Blvd., Ste. 600 Minneapolis, MN 55416 952-607-4663 www.a-p.com psims@a-p.com Apex Facility Solutions, SBC (Cody Capra) 403 Jackson St., Suite 308 Anoka, MN 55303 715-519-0781 www.apex-co.us CodyC@apex-co.us Donlar Construction (Jon Kainz) 550 Shoreview Park Road Shoreview, MN 55126 651-227-0631, Fax 651-227-0132 www.donlarcorp.com jon.kainz@donlarcorp.com H+U Construction (Andy Hoffmann) 5555 West 78th St., Ste. A Minneapolis, MN 55439 952-292-4833 www.hu-construction.com ahoffmann@hu-construction.com ICS (Pat Overom) 1331 Tyler St. NE, Ste. 101 Minneapolis, Minnesota 55413 763-354-2670, Fax: 763-780-2866 www.ics-builds.com pat.overom@ics-builds.com InGensa, Inc. (Jacqui Coleman) 18215 45th Ave. N, Ste. C Plymouth, MN 55446 952-222-3551, Fax 952-222-9980 www.ingensainc.com jcoleman@ingensainc.com Johnson Controls, Inc. (Kent Wolf) 2605 Fernbrook Lane North Plymouth, MN 55447 612-403-5381, Fax 763-566-2208 www.jci.com Kent.Wolf@jci.com Knutson Construction (Tony Joseph) 5985 Bandel Road NW Rochester, MN 55901 507-421-9331, Fax 507-280-9797 www.KnutsonConstruction.com tjoseph@knutsonconstruction.com

JOURNAL | MINNESOTA SCHOOL BOARDS ASSOCIATION

Kraus-Anderson (John Huenink) 501 S. 8th St. Minneapolis, MN 55404 612-747-6258 www.krausanderson.com john.huenink@krausanderson.com

ISG (Paul Youngquist) 6465 Wayzata Boulevard, Ste. 970 St. Louis Park, MN 55426 952-426-0699 www.isginc.com paul.youngquist@ISGInc.com

Nexus Solutions (Michael David) 6885 Sycamore Lane North, Ste. 200 Maple Grove, MN 55369 612-747-1003, Fax 763-201-8410 www.nexussolutions.com mdavid@nexussolutions.com

ENERGY SOLUTIONS

SitelogIQ (Ellen Schmidt) 2125 2nd St. White Bear Lake, MN 55110 888-514-1971, Fax: 952-487-9389 www.sitelogiq.com ellen.schmidt@sitelogiq.com Stahl Construction (Lisa Thiel) 861 E. Hennepin Ave., Ste. 200 Minneapolis, MN 55414 952-767-2104, Fax 952-931-9941 www.stahlconstruction.com lthiel@stahlconstruction.com

Ameresco, Inc. (Eric Laumeyer) 9855 West 78th St., Ste. 310 Eden Prairie, MN 55344 651-422-2659, Fax: 952-942-5421 www.ameresco.com elaumeyer@ameresco.com Apex Facility Solutions, SBC (Cody Capra) 403 Jackson St., Suite 308 Anoka, MN 55303 715-519-0781 www.apex-co.us CodyC@apex-co.us

COST ESTIMATING

Blue Horizon Energy (Marilyn Hardy) 121 Cheshire Lane, Suite 500 Minnetonka, MN 55305 952-944-5900 www.bluehorizonenergy.com marilyn.hardy@bluehorizonenergy.com

ISG (Paul Youngquist) 6465 Wayzata Boulevard, Ste. 970 St. Louis Park, MN 55426 952-426-0699 www.isginc.com paul.youngquist@ISGInc.com

ICS (Pat Overom) 1331 Tyler St. NE Ste. 101 Minneapolis, Minnesota 55413 763-354-2670, Fax: 763-780-2866 www.ics-builds.com pat.overom@ics-builds.com

EDUCATIONAL PROGRAMS/ SERVICES

Johnson Controls, Inc. (Kent Wolf) 2605 Fernbrook Lane North Plymouth, MN 55447 612-403-5381, Fax 763-566-2208 www.jci.com Kent.Wolf@jci.com

The Minnesota Service Cooperatives (Jeremy Kovash) 1001 East Mount Faith Ave. Fergus Falls, MN 56537 218-739-3273, Fax 218-739-2459 www.lcsc.org jkovash@lcsc.org

ELECTRICAL ENGINEERS/AV SYSTEMS Hallberg Engineering, Inc. (Richard Lucio) 1750 Commerce Court White Bear Lake, MN 55110 651-748-1100, Fax: 651-748-9370 www.hallbergengineering.com info@hallbergengineering.com

Nexus Solutions (Michael David) 6885 Sycamore Lane North, Ste. 200 Maple Grove, MN 55369 612-747-1003, Fax 763-201-8410 www.nexussolutions.com mdavid@nexussolutions.com SitelogIQ (Ellen Schmidt) 2125 2nd St. White Bear Lake, MN 55110 888-514-1971, Fax: 952-487-9389 www.sitelogiq.com ellen.schmidt@sitelogiq.com

JULY–AUGUST 2021

MSBA’s VENDOR DIRECTORY ENVIRONMENTAL CONSULTANTS

FITNESS EQUIPMENT

INSURANCE

PUBLIC FINANCE

ISG (Paul Youngquist) 6465 Wayzata Boulevard, Ste. 970 St. Louis Park, MN 55426 952-426-0699 www.isginc.com paul.youngquist@ISGInc.com

Johnson Commercial Fitness (Drew Wurst) 7585 Equitable Dr. Eden Prairie, MN 55344 952-500-0508, Fax 952-906-6909 www.johnsonfitness.com/ Commercial/Index drew.wurst@johnsonfit.com

EMC Insurance Companies (Marcus Traetow) 11095 Viking Dr., Ste. 230 Eden Prairie, MN 55344 612-643-4738 www.emcins.com marcus.k.traetow@emcins.com

Baker Tilly Municipal Advisors (Kelly D. Smith) 380 Jackson St., Ste. 300 St. Paul, MN 55101 651-223-3099 www.bakertilly.com kelly.smith@bakertilly.com

FINANCIAL MANAGEMENT

FLOOR COVERINGS

Ehlers (Greg Crowe) 3060 Centre Pointe Dr. Roseville, MN 55113 651-697-8522, Fax 651-697-8555 www.ehlers-inc.com gcrowe@ehlers-inc.com

Hiller Commercial Floors (Dave Bahr) 2909 South Broadway Rochester, MN 55904 507-254-6858 or 888-724-1766 www.hillercarpet.com/commercial dbahr@hillercarpet.com

Minnesota School Boards Association Insurance Trust (MSBAIT) (Gary Lee) 1900 West Jefferson Ave. St. Peter, MN 56082-3015 800-324-4459, Fax 507-931-1515 www.mnmsba.org/MSBAIT glee@mnmsba.org

MSBA-Sponsored CP-DBS, LLC d/b/a Payschools (Rick Killian) 40 Burton Hills Blvd., Ste. 415 Nashville, TN 37215 330-295-3140 www.payschools.com rick.killian@payschools.com

FOOD SERVICE PRODUCTS & SERVICES

National Insurance Services (Rob Keller) 14852 Scenic Heights Road, Ste. 210 Eden Prairie, MN 55344 800-627-3660, Fax 262-814-1360 www.NISBenefits.com rkeller@NISBenefits.com

Ratwik, Roszak & Maloney, P.A. (Ann R. Goering) 730 2nd Ave S., Ste. 300 Minneapolis, MN 55402 612-339-0060, Fax 612-339-0038 www.ratwiklaw.com info@ratwiklaw.com

LABOR RELATIONS

Taft Stettinius & Hollister LLP (Daniel F. Burns) 80 South 8th St., Ste. 2200 Minneapolis, MN 55402 612-977-8511, Fax: 612-977-8650 www.taftlaw.com dburns@taftlaw.com

MSBA-Sponsored MNTAAB (Minnesota Tax and Aid Anticipation Borrowing Program) (Kelly Smith, Baker Tilly) 651-223-3099 www.bakertilly.com kelly.smith@bakertilly.com MSBA-Sponsored P-Card (Procurement Card) Program 800-891-7910 or 314-878-5000 Fax 314-878-5333 www.powercardpfm.com PFM Asset Management, LLC MSDLAF+ (Brian Johnson) 50 S. 6th St., Ste. 2250 Minneapolis, MN 55402 612-371-3720, Fax 612-338-7264 www.msdlaf.org johnsonb@pfm.com

FIRE & SECURITY Arvig 150 Second St. SW Perham, MN 56573 888-992-7844 arvigbusiness.com answers@arvig.com

JULY–AUGUST 2021

Chartwells School Dining Services (Tim Leary) 360 Spring Street #341 St. Paul, MN 55102 612-202-6407 www.chartwellsschools.com Tim.Leary@compass-usa.com Taher, Inc. (Erin Marissa) 5570 Smetana Dr. Minnetonka, MN 55343 952-345-2891, Fax 952-945-0444 www.taher.com e.marissa@taher.com

HEALTH INSURANCE PreferredOne (Dan Stewart) 6105 Golden Hills Dr. Golden Valley, MN 55416 763-847-3331, Fax 763-847-4010 www.PreferredOne.com dan.stewart@PreferredOne.com

INDOOR AIR QUALITY ISG (Paul Youngquist) 6465 Wayzata Boulevard, Ste. 970 St. Louis Park, MN 55426 952-426-0699 www.isginc.com paul.youngquist@ISGInc.com Johnson Controls, Inc. (Kent Wolf) 2605 Fernbrook Lane North Plymouth, MN 55447 612-403-5381, Fax 763-566-2208 www.jci.com Kent.Wolf@jci.com

Kennedy & Graven, Chartered (Maggie R. Wallner) Fifth Street Towers 150 South Fifth St., Ste. 700 Minneapolis, MN 55402 612-337-9300, Fax 612-337-9310 www.kennedy-graven.com contactus@kennedy-graven.com Ratwik, Roszak & Maloney, P.A. (Ann R. Goering) 730 2nd Ave S., Ste. 300 Minneapolis, MN 55402 612-339-0060, Fax 612-339-0038 www.ratwiklaw.com info@ratwiklaw.com

LIGHTING Designer Specialty Products (Jeff May) 5001 Drew Ave N Brooklyn Center, MN 55429 763-557-5702 dsp-llc.com jtmay@solarmidwest.com

PARKING LOTS Inspec, Inc. (Jason Popovich) 5801 Duluth St. Minneapolis, MN 55422 763-546-3434, Fax: 763-546-8669 www.inspec.com jpopovich@inspec.com

ROOFS Inspec, Inc. (Jason Popovich) 5801 Duluth St. Minneapolis, MN 55422 763-546-3434, Fax: 763-546-8669 www.inspec.com jpopovich@inspec.com

SCHOOL SAFETY BrightTower Safety & Security Systems 1450 Park Court, Ste. 1 Chanhassen, MN 55317 702-988-0331 www.Schools.BrightTowerSafety. com BrightTower@veridocs.com

STRUCTURAL DESIGN/ ENGINEERING Meyer Borgman Johnson (Gary Sabart) 510 Marquette Ave. S, #900 Minneapolis, MN 55402 612-604-3654, Fax: 612-337-5325 www.seestructure.com gsabart@mbjeng.com

MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL

SECURITY/COMMUNICATIONS SYSTEMS Arvig 150 Second St. SW Perham, MN 56573 888-992-7844 arvigbusiness.com answers@arvig.com

SOFTWARE SYSTEMS MSBA-Sponsored CP-DBS, LLC d/b/a Payschools (Rick Killian) 40 Burton Hills Blvd., Ste. 415 Nashville, TN 37215 330-295-3140 www.payschools.com rick.killian@payschools.com

TECHNOLOGY Arvig 150 Second St. SW Perham, MN 56573 888-992-7844 arvigbusiness.com answers@arvig.com

TRANSPORTATION Hoglund 116 East Oakwood Dr. Monticello, MN 55362 763-295-5119, Fax: 763-295-4992 www.hoglundcompanies.com hoglundbus@hoglundbus.com Minnesota Propane Association (Dave Wager) 12475 273rd Ave NW Zimmerman, MN 55398 763-633-4271 Fax: 763-631-4272 www.discoverpropanemn.com info@mnpropane.org Minnesota School Bus Operators Association (Shelly Jonas) 10606 Hemlock St. NW Annandale, MN 55302 320-274-8313, Fax 320-274-8027 www.msboa.com shellyj@msboa.com

JOURNAL | MINNESOTA SCHOOL BOARDS ASSOCIATION

North Central Bus & Equipment (Amber Barth) 25112 22nd Ave St. Cloud, MN 56301 320-257-1214 www.northcentralinc.com amberb@northcentralinc.com Telin Transportation Group (Todd Telin) 5121 212th St. West Farmington, MN 55024 952-435-9060, Fax: 952-435-9066 www.telingroup.com ltelin@telingroup.com

WINDOWS Inspec, Inc. (Jason Popovich) 5801 Duluth St. Minneapolis, MN 55422 763-546-3434, Fax: 763-546-8669 www.inspec.com jpopovich@inspec.com

WATERPROOFING Inspec, Inc. (Jason Popovich) 5801 Duluth St. Minneapolis, MN 55422 763-546-3434, Fax: 763-546-8669 www.inspec.com jpopovich@inspec.com

JULY–AUGUST 2021

LEGAL UPDATE

Navigating Challenges Related to School District Records By Terence Morrow, MSBA Director of Legal and Policy Services

School law attorneys across the country are talking about challenges associated with school district records. Below, three issue areas are discussed briefly: public records requests, school board member access, and records retention requirements.

For data requests and access, Minnesota school districts are required to identify an employee as the Responsible Authority responsible for personnel data. For most school districts, the superintendent serves as the Responsible Authority.

Public Records Requests

School Board Member Access

Like their counterparts in other states, Minnesota school districts are increasingly receiving records requests from data miners who appear to be seeking employee contact information for the purpose of sales solicitation and other commercial purposes.

Generally, student information is private and may not be disclosed to third persons without parental consent. Federal and state data privacy laws limit the degree to which a school board member may access or review a school district record, including pupil information. MSBA Model Policy 515—Protection and Privacy of Pupil Records reflects legal requirements found in the federal Family Educational Rights and Privacy Act (FERPA) and the MGDPA. Federal and state law set forth exceptions to parental consent that allow others to access education data in narrowly specified circumstances.

MSBA Model Policy 406—Public and Private Personnel Data incorporates the Minnesota Government Data Privacy Act (MGDPA), which governs access to employee information. Several types of employee data exist, including: public, private, confidential, personnel, and protected health information. Public personnel data includes an employee’s name, compensation and benefits, work contact information, and more. The data miners’ requests for public personnel data must receive a response.

JULY–AUGUST 2021

Model Policy 515 describes directory information available to the public and to records requesters. Minnesota school boards are responsible for identifying the types of

MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL

information (if any) that will be directory information and, if desired, the board may limit disclosure to specific parties or for specific purposes. Each student has an education record that the school district maintains. Access to a student’s education record is limited to persons who have a legitimate educational interest. Typically, those with a legitimate educational interest are teachers, staff, and administrators. The Responsible Authority usually decides when questions arise regarding a legitimate educational interest. Records Retention Under Minnesota’s records retention law, school districts and other public entities must retain government records for a prescribed period. Minnesota Statutes 138.17 defines “government records” as “all cards, correspondence, discs, maps, memoranda, microfilms, papers, photographs, recordings, reports, tapes, writings, optical disks, and other data, information, or documentary material, regardless of physical form or characteristics, storage media or conditions of use” made or received by a school district

official or employee.” Two points immediately jump out. First, the breadth of “government records” is very broad. Second, it is the content of the record that is key. The form (paper, email, text, etc.) is not a factor in determining when and how long a specific government record must be retained. Every Minnesota school district must comply with a records retention schedule that establishes rules regarding types of records, the duration for which they must be retained, and disposal requirements. The Minnesota Historical Society (MHS) provides detailed information on school district records retention schedules. Please visit https://www.mnhs. org/preserve/records/retentionsched.php for information. Districts may choose to follow the MHS sample schedule or submit their own schedule for state review and approval.

Terence Morrow is MSBA’s Director of Policy and Legal Services. You may contact him about this column at tmorrow@mnmsba.org.

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ADVERTISERS Adolfson & Peterson Construction .................................. Page 19 ATS&R Planners/Architects/Engineers ............................ Page 17 Chartwells School Dining Services .................................. Page 4 EMC Insurance .............................................................. Page 4 ICS Consulting, Inc...................................................Back Cover Kennedy & Graven, Chartered ..................................... Page 17 Knutson, Flynn & Deans, P.A. ........................................ Page 35 Mackin Educational Resources ...................................... Page 19 Minnesota Propane Association ..................................... Page 13 MLA Architects ............................................................ Page 38 MSBAIT ...................................................................... Page 13 Nexus Solutions .......................................................... Page 37 PFM Asset Management, LLC – MSDLAF+ ....................... Page 18 PreferredOne..................................................Inside Front Cover Ratwik, Roszak & Maloney, P.A. .................................. Page 39 Rupp, Anderson, Squires & Waldspurger, P.A. ................ Page 25 The Minnesota Service Cooperatives .............................. Page 18

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Johnna M.

21 0 2 l Fal

Architects Educational Planners

Mark Lenz, AIA

White Bear Lake Area Schools, Middle School

(651) 770-4442 www.architectsmla.com

JULY–AUGUST 2021

MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL

RATWIK, ROSZAK & MALONEY, P.A. A law firm dedicated to your needs.

Advancing School Law Student Management

Data Privacy & Open Meeting Law

Labor & Employment Law

School Board Advice & Policy Development

In-Service Trainings

Investigations, Harassment & Discrimination

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MSBA Journal: July-August 2021

Articles inside

TO RETAIN OR NOT RETAIN? THAT ACTUALLY IS NOT THE QUESTION

TOP OF THE CLASS

VENDOR DIRECTORY Pierre Productions & Promotions, Inc

CONTROVERSY IN THE COMMUNITY

ASK MSBA MSBA Management Services Staff (Gary Lee, Amy Fullenkamp-Taylor, Tiffany Gustin and Maria Lonis)

LEGAL UPDATE Terence Morrow, MSBA Director of Legal and Policy Services

OPPORTUNITY GAPS NEED A SYSTEMWIDE REDO FOR CULTURAL RESPONSIVENESS