Wisconsin School News - January/February 2015

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Jan-Feb 2015  |  Volume 69 Number 7 T H E O F F I C I A L P U B L I C AT I O N O F T H E W I S C O N S I N A S S O C I AT I O N O F S C H O O L B O A R D S, I N C.

John H. Ashley Executive Editor

Sheri Krause Director of Communications

Shelby Anderson Editor n REGIONAL OFFICES n 122 W. Washington Avenue Madison, WI 53703 Phone: 608-257-2622 Fax: 608-257-8386 132 W. Main Street Winneconne, WI 54986 Phone: 920-582-4443 Fax: 920-582-9951

STUDENTS ARE CONNECTING WITH CLASSROOMS AROUND THE WORLD IN REAL-TIME THANKS TO TELEPRESENCE, page 4

n ADVERTISING n 608-556-9009 • tmccarthy@wasb.org

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n WASB OFFICERS n Executive Director

Mike Blecha

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Wanda Owens

Stu Olson

Nancy Thompson Waterloo, Region 12 Immediate Past President n WASB BOARD OF DIRECTORS n Capt. Terry McCloskey, USN Retired Three Lakes, Region 2 Bill Yingst, Sr. Durand, Region 4

Alice Marquardt Rio, Region 10 Vacant Region 11

Rick Eloranta Owen-Withee, Region 5

Patrick Sherman Genoa City J2/Lake Geneva, Region 13

Mary Jo Rozmenoski Black River Falls, Region 6

Terrence Falk Milwaukee, Region 14

Elizabeth Hayes Fond du Lac, Region 7

Ron Frea Pewaukee, Region 15

Steve Klessig Brillion, Region 8 Wisconsin School News (USPS 688-560) is published 10 issues per year by the Wisconsin Association of School Boards Inc., 122 W. Washington Avenue, Madison, WI 53703. Contents © 2015 Wisconsin Association of School Boards Inc. Subscriptions are available to nonmembers for $40 per year. Periodicals postage is paid at Madison, Wis. The views expressed in Wisconsin School News are those of the authors and do not necessarily represent WASB policies or positions. POSTMASTER: Send address changes to Wisconsin School News, 122 W. Washington Avenue, Madison, WI 53703.

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Phil Ertl & Joe Sanfelippo

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A 50-Year Journey and Beyond Lilly B. Irvin-Vitela Head Start’s war on poverty continues today

Future Ready Wisconsin superintendents reflect on providing new tech opportunities to students

Barneveld, Region 9 1st Vice President Shell Lake, Region 1 2nd Vice President

Shelby Anderson Three rural school districts team up to offer college-level courses via telepresence

John H. Ashley

Green Bay, Region 3 President

Expanding Opportunities

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Forward Together Award Boosts School Projects Mel Grau How you can support your brightest staff

A More Accurate Means of Measurement Bradley Carl A brief overview of value-added models and considerations for school accountability and Educator Effectiveness

D E P A R T M E N T S

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C O L U M N S

2 News Briefs 3 Viewpoint — School Board Resolutions for an Important Year 24 Association News — 2015 WASB Event Calendar 26 Legislative Update — Pivotal Year for Education Issues 28 Legal Comment — The Legal Impact of Same-Sex Marriage on Wisconsin School Districts 32 Professional Development — Making the Most of Training Opportunities


NEWS BRIEFS

Beloit Students Help Homeless

Families in the District

S Study: Arts Education Vital to a Complete Education The President’s Committee on the Arts and Humanities released a study “Reinvesting in Arts Education: Winning America’s Future,” that found arts programs can improve attendance, and foster creativity and innovation in students. The study highlights successful arts programs and the benefits they provided to students. For instance, CAPE (Chicago Arts Partnership in Education) was instituted in 19 Chicago elementary schools, which reported higher reading and math scores over a six-year period when compared to other Chicago elementary schools. “Schools are improving test scores and fostering their students’ competitiveness in the workforce by investing in arts education strategies, even in the toughest neighborhoods,” study authors wrote in the summary. After observing and studying school art programs, the study authors provided recommendations for successful art education programs. These include building collaborations to provide different arts experiences and opportunities to students, integrating arts into other academic disciplines, expanding in-school opportunities for teaching artists, and utilizing federal and state policies to reinforce the place of arts in education. n

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tudents in Candy Hart’s fifthgrade class at McNeel Intermediate School in the School District of Beloit collected food and clothes for homeless families in the district. The drive began when two students approached Ms. Hart and asked if she would help them start a drive to get clothing and food to the homeless. The day after Ms. Hart announced the drive to her class, students began to bring in donations. “When I got home, we started going through drawers,” said Anna Olson, a fifth grader in the class. “We got clothes from mine and my

sisters’ room.” After three weeks, the class had collected 30 bags of food and clothing for the district’s homeless families. According to the School District of Beloit, there were 590 students in the district identified as homeless at the end of last school year. Students in Ms. Hart’s class worked together to organize the donations and get them ready to distribute to families in the district. “I can’t even say what a good job they did,” Hart said to the Beloit Daily News. “They worked together and got this done.” n

Voucher Schools Enrollment to Cross 30,000 Mark The Milwaukee Journal Sentinel reported that the student count from last September revealed that 29,683 students were enrolled in the Milwaukee, Racine or statewide voucher school programs. “That makes Wisconsin a leading state when it comes to the number of students attending private, mostly religious schools, with the help of taxpayer-funded tuition subsidies,” wrote Journal Sentinel reporter Erin Richards. Richards pointed out that if the voucher schools were a public school district, it would be the

second largest district in the state behind only Milwaukee. In total, 159 schools were receiving students through a voucher program. According to estimates from the 2014-15 school years, these programs cost the state’s taxpayers about $211 million. While the statewide voucher program is capped at 1,000 students, Gov. Scott Walker and Republic lawmakers have made it clear expanding voucher programs will be a priority this legislative session. n

STAT OF THE MONTH

159 The number of schools receiving students through the Milwaukee, Racine or statewide voucher program. Source: Milwaukee Journal Sentinel


VIEWPOINT

Jo h n H . A s h l e y

School Board Resolutions for the New Year

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he start of a new year brings excitement and opportunity. It’s a time to refocus on what’s important and to evaluate our priorities. As we turn the calendar from 2014 to 2015, let me offer a suggestion that school board members make a special resolution to get more involved in the important education debates set to take place in our state Capitol in the coming months. November’s elections signaled what’s in store for public education in our state. Gov. Scott Walker was re-elected and legislative Republicans strengthened their majorities in both houses. Leadership in the 2015-16 Legislature has announced plans to make major changes to important public education policies. Issues on the docket include: a new accountability system for public and private voucher schools receiving taxpayer funding, a reexamination of state academic standards, and expansion of the statewide voucher program to allow more taxpayer-subsidized tuition payments for students to attend participating private schools. The state will likely face a tight fiscal situation once again as planned spending is expected to exceed anticipated revenues. This raises questions about just what kind of increase, if any, in revenue limits and state aids, public schools

can expect from lawmakers. With these important issues hanging in the balance, 2015 will be an important year for public education in Wisconsin. As school board members, you need to tell your district’s story. You are entrusted by your communities with the responsibility to manage and care for your public schools and the students they serve, and can speak to lawmakers as one elected official to another. Communication with your district administrator and other school personnel is important as well, but lawmakers need to hear the voices of locally elected officials loud and clear. With this in mind, here is a short list of essential New Year’s resolutions for school board members:

b Actively monitor legislative

activities. Read the WASB legislature updates each week in the eConnection and put a legislative discussion on your agenda each month

b Communicate regularly with

your legislators. Review your board’s policies on how legislative communications are handled — is one person assigned to that role, do you have a committee?

b Invite your legislators to your

schools at numerous opportunities throughout the year. Review your district’s calendar and

select events that would be appropriate to include legislators. Plan special days just to take them on a tour. The WASB is here to help keep you informed and to develop your messages as you have those important conversations with lawmakers. I encourage each of you to consult the Legislative Update on page 26 for a complete rundown on how to keep up with what is happening in Madison. Your advocacy work is crucial for our schools and communities. The decisions the Legislature makes this year could impact public education for years to come. I hope your New Year’s resolutions also include attending the upcoming State Education Convention in Milwaukee. The annual Joint State Education Convention is the premier education event of the year and I encourage you to take advantage of it. We will have internationally renowned keynote speakers, dozens of break-out sessions featuring school districts from around the state sharing innovative ideas and programs that are improving student achievement, and a packed exhibit hall. The knowledge gained at the convention along with the ideasharing and networking make this event well worth the trip. I wish you a happy and successful New Year!

With important issues hanging in the balance, 2015 will be an important year for public education in Wisconsin.

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Three rural school districts team up to offer college-level courses via telepresence

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t the beginning of this school year, only four freshmen in the Albany School District elected to take physical science. The rest of the freshman class signed up for biology to satisfy their science requirement. Normally, this would mean the district would have to devote one teacher to a class of just four students. But, because of collaboration with the Monticello and Juda school districts, those four freshmen students took physical science via telepresence and the district was able to offer college-level chemistry for the first time with its freed-up schedule. Telepresence is a high-definition, real-time, interactive video technology that allows students to take classes from teachers that aren’t

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| Shelby Anderson

physically in their school. In the case of the Albany, Juda and Monticello partnership, the three districts are pooling their resources and teachers to offer classes that have never been available before in their schools. The districts have achieved this without hiring extra teachers. “Through telepresence, we can do more for our students,” said Traci Davis, superintendent of the Juda School District. “We can increase their options and opportunities.” | Working Together As small, rural school districts, school board members and superintendents in these districts knew they had to do something to compete with larger school districts in the area. Albany, Juda and Monticello

teamed up and began developing a way to share teachers. The school leaders quickly decided that telepresence would be the best option to share teachers across all three districts. In 2009, Albany and Monticello received grants from the Wisconsin Technology Initiative to purchase telepresence equipment (high-definition screens, SmartBoards, etc.). Soon after, the state encouraged universities and colleges to work with K-12 school districts, which made them much more eager to connect with school districts. Juda, Monticello, and Albany are working with UW-Oshkosh through its Cooperative Academic Partnership Program (CAPP). The program allows high school teachers with


Telepresence is a high-definition, real-time, interactive video technology that allows students to take classes from teachers that aren’t physically in their school.

master’s degrees to teach college-level courses. This gives students the opportunity to take college-level courses without leaving their school. A handful of teachers from Juda, Monticello, and Albany are teaching through the CAPP program. By combining eligible teachers from the three districts, the school districts have been able to build a respectable offering of courses. For example, Steve Guenther, superintendent of the Albany School District, said his district has a strong English teacher who teaches college-level English and literature and Juda has a teacher who is eligible to teach college-level physics. “Everyone has strengths in their districts,” Guenther said. “We’ve built off of those pockets of strengths and shared them with the

other districts.” As of this school year, the three districts offer eight college-level courses through the UW-Oshkosh CAPP program. In turn, these courses are shared between the three districts via telepresence. “In 2012, we offered no AP (Advanced Placement) or college-credit course in the three districts,” said Allen Brokopp, superintendent of the Monticello School District. “Now, we offer

eight classes and it’s growing.” The class listing includes: calculus, pre-calculus, physics (lab course), video game design, physical sciences (not college credit), statistics, English, and literature. Unlike Advanced Placement classes, which require students to pass a test at the completion of the course to earn college credit, students who successfully complete a CAPP course immediately earn college credit for any school in the UW system. “We have students who will graduate with 26 college credits,” said Mike Marean, Albany School Board president. | Technology Disappears Each of the three school districts has a room devoted to telepresence. It is fitted with a large 80-inch high-definition screen and a SmartBoard. When students have a class via telepresence, they enter the telepresence classroom, turn on the technology and connect to a classroom outside of their district. “The picture and sound are so real, and there is no delay,” said Davis. “It’s like a window into another classroom.”

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“It is live, it is interactive,” added Brokopp. “Our teachers can see a student’s facial expression, teachers can zoom in on a student’s homework. After a while, it becomes like a normal classroom. The technology really disappears.” Scott Anderson, a Juda High School teacher who teaches physics via telepresence, said the teaching is really the same and that the telepresence unit is now a regular part of the classroom. However, as a teacher, he said, planning is essential. “The challenge is the planning — you cannot just photocopy a worksheet at lunch and get it to the class that day. It takes a commitment to having things completely laid out days ahead of time,” Anderson said. In addition, formative assessment

is more challenging — it’s harder to see students work during the hour. “In the end, teaching with telepresence is still teaching and the telepresence does allow you to see how students are reacting to material,” Anderson said. “You can see the moments where they don’t understand and the ‘a-ha’ moments are visible too.” Another key part of the telepresence experience is the SmartBoard. Students who take a class via telepresence have a SmartBoard in front of them that is linked to one in the classroom where the course is being taught. This allows students and teachers to interact live. Everyone can write on the board at the same time. “They can see and work just like we do in our room in Juda,”

TELEPRESENCE T

Anderson said. “That coupled with the telepresence unit allows a class that can be more than effective — nearly a ‘normal’ class.” | Unlimited Possibilities In a small district like Monticello, there is often only one art teacher or one Spanish teacher. This can be challenging because there is no colleague to bounce ideas off or to share best practices. Telepresence has allowed teachers in the three

in Janesville

he use of telepresence in Wisconsin school districts is expanding. The Janesville School District has been using the technology to increase course offerings, connect with experts and classrooms from around the world, and increase professional development and collaboration among staff. “Telepresence creates opportunities, allowing students to participate in classes that would otherwise not be available to them,” said Robert Smiley, chief information officer for the Janesville School District. “Some classes are too small to run, others don’t have a qualified instructor. Telepresence allows us to combine small sections with one instructor, or to provide an instructor at one high school where one wouldn’t have been available.” The district also uses the technology to help its students “travel” all over the world. Recently at Franklin Middle School, a paleopathologist connected to the students from Switzerland and talked about mummies. Smiley said the students were fascinated by the live, interactive presentation.

In the first few weeks of using telepresence, the district found that it helped key staff connect with each other. For instance, the district’s instructional managers meet regularly through telepresence. “In the past, they wouldn’t have had the opportunity to connect with peers either due to time or travel constraints,” Smiley said. The district also uses the technology to connect with its partners in China, Russia and Argentina. The Janesville School District has developed relationships and partnerships with communities and schools in these countries in an effort to bring students from foreign countries to Janesville to attend school —staying in contact with these partners via telepresence helps keep these partnerships strong. In addition to all of these benefits, next school year, the district looks to offer more courses to its students via telepresence. “Telepresence is playing a key role in the courses we are able to offer,” Smiley said. “We are now able to expand the opportunities for students that weren’t available in the past.” N

Want to learn more? Catch the Janesville School District’s session at the upcoming State Education Convention. “Creating a Culture of Achievement — Improving Student Learning Results in a Large School District” Thursday, Jan. 22, 1:45-2:45pm | Wisconsin Center - 102C

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districts to connect with each other. “They can hop on telepresence and now they’re a PLN (Professional Learning Network) of three,” Brokopp said. “My art teacher can get ideas, and bounce ideas off of other teachers.” Telepresence has opened the door to other exciting opportunities including live field trips to places like the Shedd Aquarium or watching a live theater performance from New York. Classes are using the technology to connect with classrooms all over the world. A math teacher in the Monticello School District regularly connects his classroom to one in Italy and the students work on geometry problems together. A Spanish teacher is working on getting her class connected to a classroom in Puerto Rico. Post-secondary institutions are also interested in connecting with the Juda, Albany, and Monticello

telepresence consortium in order to better train graduates. Guenther said opportunities exist for education students to do their student-teaching at one of the districts. College professors could monitor the student-teachers via telepresence. The districts are looking at other exciting opportunities — such as developing a statewide network of school districts that offer classes via telepresence. All of these options and more are being developed by the three school districts. The goal, in the end, is to continue to work together and provide effective learning experiences for their students. “We’re all passionate about rural education and seeing our students succeed,” Marean said. “We’re all in this together and it’s exciting to see opportunities that are available for our students.” n

Learn More About Telepresence at Convention School leaders from the Monticello, Albany, and Juda School Districts will present a session on telepresence learning at the State Education Convention. Attend this session to learn more about how these three districts worked together to develop telepresence in their schools and how it is providing more opportunities for students.

Telepresence – An Alternative Classroom Environment Solution for Rural Schools Wednesday, Jan. 21 1:30-2:30 pm Wisconsin Center, 201B

Making the grade

BLACK RIVER FALLS SCHOOL DISTRICT “Miron helped facilitate our Community Facility Task Force conversations in a way that respected and honored the diverse opinions in the group. These conversations led the way to a final proposal that was reflective of our community's values. Miron was personable and professional in their guidance of the process. Their expertise captivated the community, keeping them informed, involved, and engaged through the final successful vote!”

An equal opportunity, affirmative action employer.

Shelly Severson Superintendent School District of Black River Falls

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Students in the Fall Creek School District work on laptops provided by the district.

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Future Ready Wisconsin superintendents reflect on providing new tech opportunities to students

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ast summer, President Obama announced the launch of the ConnectEd initiative, which, among other efforts, aims to connect 99 percent of America’s students to broadband and highspeed wireless Internet in their schools and libraries. In conjunction with the ConnectEd initiative, superintendents across the country have taken the Future Ready Pledge, which commits school leaders to providing and fostering technology opportunities for all students. In November, more than 100 exemplary “Future Ready” superintendents from across the nation were invited to a special event at the White House to recognize their work in transitioning their school district to digital learning. This event provided superintendents the opportunity to share lessons learned and help spread promising approaches across the nation. Phil Ertl, superintendent of the Wauwatosa School District, and Joe Sanfelippo, superintendent of the Fall Creek School District, were part of the select group of superintendents invited to the White House to hear from other superintendents and share

Ertl & | Phil Joe Sanfelippo

the work of their districts. Wisconsin School News asked these superintendents to provide their perspectives from the trip to the White House and to share some insight on their technology initiatives. PHIL ERTL | Superintendent Wauwatosa School District

It was an incredible honor to be able to represent the Wauwatosa School District at the White House for the ConnectEd Future Ready initiative. Having our district selected for this honor is a testament to the innovative and visionary work done with technology by the staff and students in the Wauwatosa School District. While the highlight of the visit was having the opportunity to hear the president’s message on the importance of all students having access and use of technology, it was especially meaningful coming from the most important and influential podium in the world. The president requested that all school districts take the Future Ready Pledge, which will ensure all students have access

Phil Ertl, superintendent of the Wauwatosa School District, and Joe Sanfelippo, superintendent of the Fall Creek School District, attended a White House event in November.

The use of technology in classrooms will only enhance the excellent reputation the State of Wisconsin has for providing quality education to all students. — Phil Ertl, superintendent of the Wauwatosa School District

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Future Ready resources can be found at: www.futurereadyschools.org

to technology and have trained professionals to maximize their learning in and out of the classroom. While some districts have already met the president’s challenge through a one-to-one approach, the Wauwatosa School District embraces this challenge through a teacher-readiness and curriculum-driven model. In Wauwatosa, we have found that it has been effective to purchase technology as needed as we make curricular decisions and adoptions that require them. For example, our recent secondary science adoption is supported by digital textbooks and web-based resources. To support these needs, we purchased Chromebooks for each science classroom. A similar adoption was recently made for secondary social studies. At the elementary level, we have teachers piloting the use of touch-screen Chromebooks, which were funded by an Education Foundation of Wauwatosa grant. This has allowed students access to touch-screen capabilities such as Smart Amp — a collaborative learning software. All of these initiatives are in line

with a conscious decision to commit to giving students access and use of technology to enhance their learning. As a result of this approach, we have acquired 6,500 devices for our 7,400 students. Additionally, we have a Bring Your Own Device (BYOD) initiative that more than 1,000 students take advantage of daily. To support these devices, we have full wireless access in all school buildings. I recognize that the Wauwatosa School District is fortunate to have significant technology resources and access, however, others in our state and across the country are not as fortunate. At the White House, the president talked about the goal of having 99 percent of all students connected to technology. U.S. Department of Education Secretary Arne Duncan discussed strategies and approaches for effective use of technology. We also heard from other leaders in the administration and were fortunate to have presentations from several classroom teachers who are leaders in their use of technology. It’s always inspiring to hear from those that are making it happen directly with the kids.

Your website is an important tool in your communication toolbox. Have you reviewed your district’s website lately?

From dialoguing with other superintendents, I learned there are some incredible initiatives taking place across the country and Wauwatosa is just one example of a district that is supporting the president’s Future Ready Pledge. Technology is a powerful partner for school districts as they continue efforts to ensure all students learn at high levels. The use of technology in classrooms will only enhance the excellent reputation the State of Wisconsin has for providing quality education to all students. I am thankful that the Wauwatosa School Board not only understands the need to be progressive and innovative but also the need to remain fiscally responsible. N JOE SANFELIPPO | Superintendent Fall Creek School District

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CESA 6

smart thinking.

I was humbled to be part of the superintendent summit to kick off the Future Ready initiative with 117 other district administrators from across the country. The inspiration of being at the White House, listening live to the president’s vision for digital learning, and discussing what school could look like with the highest ranking officials in the U.S. Department of Education to make life better for kids in our school system was an absolute honor. The makeup of the room included leaders from both urban and rural schools districts that ranged in size


It is about creating capacity for our schools to ensure all kids leave prepared to take on whatever their future holds, not what the past held. — Joe Sanfelippo, superintendent of the Fall Creek School District

from hundreds to tens of thousands. The issues that we face in a district of 800 were the same as those faced in other districts much larger. Quality time for professional development, financial support, and connectivity were all brought up throughout the summit. During the day, we were inspired by presentations by teachers, panels of district leaders and teachers, and an open discussion with Secretary of Education Arne Duncan. Here are a few takeaways: Future Ready is about Trust. Everything we talked about that day will fail if we don’t develop trust with our staff, students, and community. Nothing can be done to improve student learning if the people we are hoping to bring along on the journey do not trust where that journey leads. We have a responsibility to build trust first, and above all else, create an environment where trust is the default. Future Ready is about Leadership. The day was filled with exceptional leaders. Listening to their stories and thinking about how it would translate to the students in Fall Creek was both exciting and exhausting. Their teams were doing incredible things in the area of digital learning. The opportunities that were given to students in their districts were amazing and their ability to cultivate more leaders in their districts was the key to their success. The conversations about how to make school better were at

the forefront of every interaction, and that was absolutely inspiring. Future Ready is about Teachers, not Tech. I am inspired to work in a place that knows kids are different. Our teachers make great connections with kids and families. We teach because we had someone who believed in us long ago and saw value in what we could bring to others. We have a responsibility to make kids feel like there is someone in the building who believes in who they are, but more importantly, who they will become. As a profession, we also have to understand that a number of us got into teaching because we experienced some success in school. If we teach the way we were taught, it will only resonate with a very small population. We don’t want kids to just “do school.” We want kids to be inspired to do something different, something bold, something that will make life better … and we need to understand that “doing school” will not get them there.

Most Importantly, Future Ready is about Students. Future Ready is about kids. Schools are about kids and the adults in that setting have a responsibility to ensure that the spaces reflect that notion. At the heart of that responsibility is the willingness to connect the adults and students so quality instruction can happen and everyone can see the value in learning. If they own it, they will learn. If they feel a connection, they will learn. If they know you trust them, they will learn. We owe it to them to provide a better opportunity than the one we had. The connection leads to confidence, and the confidence leads to change. Future Ready is about creating opportunities for kids. It is about developing our staff members so we are growing in a digital age. It is about creating capacity for our schools to ensure all kids leave prepared to take on whatever their future holds, not what the past held. It is about the Future … and together we will be ready. n

Encouraging kids to believe in themselves can lead to amazing things. That’s why Junior Achievement and Kohl’s Cares partnered to bring you JA BizTown and JA Finance Park. Housed in the Junior Achievement Kohl’s Education Center, these programs empower kids as they experience the challenges of adult life. With the help of JA’s 90-year history, rewarding K-12 curriculum, and volunteer network, we’ll continue to inspire kids to pursue their biggest dreams. Learn more at wisconsin.ja.org

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A More Accurate Means of Measurement A brief overview of value-added models and considerations for school accountability and Educator Effectiveness

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he stakes have gotten higher for student achievement data. In many ways, a school’s or teacher’s reputation is now made or broke based upon student assessment scores. The ability to accurately measure student data is more important than ever. Value-added measures are helping bring student data to a new light — one that, when used correctly, can accurately show student growth. The term “value-added” refers to a class of growth models

used to measure improvement in student performance over time. The advantage of using value-added models is that they can “remove” factors from student test data, such as student poverty, that are beyond the ability of schools or educators to control. This allows school districts to get a more clear and accurate picture of student achievement. Value-added models, or VAMs, developed by the Value-Added Research Center (VARC) at UW-Madison and other organizations, utilize advanced statistical techniques and rely on high-quality data. They are conceptually fairly easy to understand: a prediction about student performance in the future is made based upon prior achievement and selected student demographic characteristics.

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| Bradley Carl


VAMs:

a prediction about student performance in the

future is made based upon prior achievement and selected student demographic characteristics.

Actual performance is then compared to the predicted performance, resulting in either positive value-added (actual performance is higher than predicted) or negative value-added (actual performance is lower than predicted). In either case, the important point is that performance is measured in relation to schools or educators who serve similar students, as defined by prior achievement and student characteristics. | Fairness and Unintended

Consequences Within education, VAMs are used by many states and school districts as one measure of districts, schools, classrooms, and sometimes individual educators, which often serve

student populations that vary widely in terms of prior achievement, family income, and other key non-school factors. This approach helps create a more level “playing field” than is typically the case when attainment-based indicators (such as simple proficiency rates) are used to make high-stakes accountability decisions at the school and/or educator level. While attainment measures are very important in reinforcing the need to hold high expectations for the performance of all students, they usually have a strong inverse relationship with student poverty (higher poverty rate = lower proficiency rate). This raises important policy questions around fairness and unintended consequences such as cre-

ating additional incentives for the most able educators to avoid working in the neediest schools. States and districts have moved in recent years to develop “multiple measures” approaches to both school-level accountability systems (school report cards) and new educator effectiveness systems for evaluating teacher and principal performance. VAMs have most often been used to measure growth on state standardized tests at the late elementary and middle grades; such as the WKCE in Wisconsin. They are also being applied to the next generation of state assessments — Smarter Balanced and PARCC — as well as to commonly administered benchmark assessments such as the

| A Visual Representation

Actual student achievement scale score

VA = Actual – Predicted

Value-Added

Starting student achievement scale score Predicted student achievement (based on observationally similar students)

November 2012 5th Grade WKCE

November 2013 6th Grade WKCE

Source: VARC, Value-Added Research Center, University of Wisconsin-Madison

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Measures of Academic Progress, or MAP, the STAR, and the Performance Series. VAMs are also applied in some states and districts to endof-course exams (using prior test scores and final grades from relevant courses to make predictions), and even in some cases to selected non-cognitive outcomes such as attendance rates. Looking ahead, as states, including Wisconsin, transition to new assessments, there will likely be new opportunities to measure growth in the high school grades, and to build upon early efforts to apply value-added techniques to measure the performance of institutions of higher education that train teachers and school leaders. In each of these cases, the ability to measure student growth across the entire range of performance, including both low-performing and high-performing students, rather than maintaining a much narrower focus on proficiency, represents an important step forward. | Making it Work As is the case with all potential

measures of school and educator performance, VAMs have limitations and cautions that must be understood and carefully monitored over time. Examples of such cautions include the reliability of VAMs over time, imprecision in the ability of different tests to measure the entire range of student performance, variability in VAM results based on different types of assessments, and the possibility of “narrowing the curriculum” by placing too much emphasis on test-based outcomes that measure only a portion of what we want students to know. A number of these cautions can be addressed substantially through technical and/or policy decisions. For instance, school districts should use multiple years, rather than a single year, of VAM data to improve reliability. Districts can also avoid test measurement error by applying statistical adjustments to avoid unduly rewarding schools with many low-performing students, which often show very high growth, or penalizing those with many high-performing students, which may show much lower growth.

VARC also recommends the reporting of VAM results with confidence intervals, which convey the precision of the measures and can help avoid over-interpretation of results that may be imprecise in a statistical sense. | Accountability and Educator

Effectiveness At the same time, it is important to keep in mind that there is no single measure of school or educator performance that is without limitations and cautions. Within the realm of school-level accountability, for example, the use of attainment-based measures generally reflects differences in family background much more than actual differences in the performance of schools and educators. Within the realm of educator effectiveness decisions, measures of professional practice used by all states require large investments of time on the part of evaluators, rely on the ability of well-trained evaluators to render judgments in an impartial manner, and base this portion of educators’ evaluations on a few hours of observation and a limited set of evidence/artifacts. For grades and subjects that cannot be “covered” by VAMs (more 60 percent of teachers fall into this category), most states are relying at least in part on locally developed assessments for educator effectiveness decisions, which vary widely in terms of technical quality. As such, the point here is to consider the cautions associated with VAMs within a larger context of the limitations that accompany all potential measures of school and educator performance, and to construct (and adjust, as needed) “multiple measures” systems of accountability. n Bradley Carl is associate director and researcher at the Value-Added Research Center, housed within the Wisconsin Center for Education Research at the UW-Madison.

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Oconto Unified School District Installs Fire Sprinklers to Promote Fire-Safe Learning Environment

After our high school suffered a costly fire in April 2014, we decided it was time to bring the school district’s three aging buildings up to today’s fire safety standards and include fire sprinklers. We obtained national research on school fires from our local fire department. It was clear that fire sprinklers would provide the life protection that we desired for our students and faculty, and property protection for our buildings. Through community outreach and fire sprinkler education, the fire sprinkler referendum passed on the November election ballot. Of course, we hope there is never another fire in our schools, but now we will have fire sprinklers to provide protection and peace of mind.

Aaron Malczewski, Superintendent, Oconto Unified School District

Make sure your school district’s buildings are equipped with fire sprinklers. They prevent costly fires, disruptions to school schedules, and most importantly, they prevent injuries and deaths.

To learn more about fire sprinklers, please contact the nonprofit NFSA-WI at (262) 325-1958 or visit www.FireSprinklersSaveLives.org ©2014 Wisconsin Chapter of the National Fire Sprinkler Association. All rights reserved. A not-for-profit organization.


A 50-Year Journey and Beyond Head Start’s war on poverty continues today | Lilly B. Irvin-Vitela

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his year marks the 50th anniversary of Head Start in the United States. It remains one of the most effective set of policies and practices in the war on poverty. There is much to celebrate, not the least of which has been our ability in the Head Start community to prevent Head Start from succumbing to a war on those in poverty. At its inception, Head Start was designed to be a child, family, and community strengthening approach.

Today, Head Start continues to hold up as a way to overcome the disadvantages in educational, developmental, and health outcomes that often accompany poverty and lack of access to resources. This two-generation model still serves effectively to achieve prevention and early intervention goals. Head Start’s commitment to the whole child and the whole family within the context of their community and culture has proven to be a bedrock of positive child and family

development outcomes. Now, 50 years later, Early Head Start, Head Start, Tribal Head Start, and Migrant and Seasonal Head Start in Wisconsin continue to deliver on our promise to children and families. | A Shared Responsibility Head Start and Early Head Start have persisted in being a place to refine best practices, develop an evidence-base for high-quality early childhood and family service, and build relationships with others who

Lady Bird Johnson, the First Lady, is shown reading to children enrolled in Project Head Start at Kemper School in Washington, DC, in March 1966. Head Start programs began in the summer of 1965 as part of President Lyndon Johnson’s War on Poverty. Early Head Start was added in 1994. Head Start has served more than 30 million children since 1965, growing from an eight-week demonstration project to include full-day/ full-year services and many program options.

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care about young children and their families. The most important relationships Head Start has built have been with the families within Head Start. From working together to address specific child and family goals to parent leadership on policy councils, school readiness committees, health advisory committees, and other program level decision-making, parents are never underestimated as the essential partner in positive outcomes for their children. In Wisconsin, another important partnership has been with the K-12

system. From shared efforts on developmental screening and transitions to contracted delivery of 4-K services and shared professional development, the journey toward high-quality service delivery and exceptional outcomes has been a road traveled with friends and partners. Together we work to understand the unique assets, needs, and opportunities for overcoming the challenges that poverty present. | Work to Do Unfortunately, 50 years later, Wisconsin still has huge disparities

Head Start’s commitment to the whole child and the whole family within the context of their community and culture has proven to be a bedrock of positive child and family development outcomes.

For more information on the Parent Family Community Engagement Framework, visit http://bit.ly/headstart-framework

Join in the Effort Throughout 2015, the Wisconsin Head Start Association (WHSA) will be celebrating, asking hard questions, and planning for ongoing action. WHSA encourages K-12 school leaders to join in these activities. WHSA is hosting its annual conference Feb. 22-25 in Wisconsin Dells. The theme this year is ABCs of Head Start: Advocating, Believing, and Changing Lives for 50 Years! WHSA will hold a mini-conference called Finding Your Way on May 20. This event will focus on the Parent Family Community Engagement Framework and Asset Based Community Development. This too is an opportunity for K-12 and early childhood partners to join the WHSA in strengthening collaborations that benefit children and families. For more information, visit http://whsaonline.org.

January-February 2015

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in long-term educational and health outcomes for those in poverty. This is not simply an issue of personal responsibility for those who are of low-income. It’s also an issue of public policy and public will. Looking back 50 years ago, poverty was understood as a threat to our democracy and our humanity. It remains a threat today. With the launch of Head Start in 1965, that threat was met with wise and com-

passionate public policy efforts that drew from the expertise of the medical, educational, and community development professionals. Our democracy cannot withstand huge sectors of our community struggling to meet basic needs and unable to expend energy to participate in civic life. A core strategy for redressing this inequity must be a shared and unrelenting commitment to partner in deep and meaningful ways with parents and families of young children. The earlier we do this, the better prepared we will all

be to support children in achieving their optimal potential and making contributions to our communities. | A Unified Approach Head Start has developed a Parent Family Community Engagement Framework that can serve as a tool for Head Start and our community partners to strengthen our collective work. It challenges us to think deeply and work systematically to be accountable to child and family outcomes. The framework includes

The Ceremony for National Head Start Day on June 30, 1965, at the White House — right to left: Sargent Shriver, director of the Office of Economic Opportunity; Lou Maginn, director of a Head Start project in Vermont; Lady Bird Johnson; entertainer Danny Kaye; and Mr. Shriver’s sons Robert and Timothy. Learn more through the Head Start Interactive Timeline on the Education Week website: http://bit.ly/headstart-timeline.

Stand Up. The WASB’s Stand Up for Public Education campaign helps local school districts spread the word about their student’s successes and how they benefit their communities. Share your stories and learn about the great things happening in public schools across Wisconsin. Visit WASB.org today to share your success stories.

Stand Up for Public Education | 608-257-2622 | 877-705-4422 | Visit wasb.org

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Head Start in Action resources and strategies to actively promote family leadership, wellbeing, and positive parent-child relationships. It pushes professionals to understand the role of families as life-long learners and educators and to support their leadership and relationship building with each other and the broader community. Children thrive when their families thrive. Children are more likely to be successful as life-long learners if that is being modeled for them at home, at school, and in the community. This unified approach to working with and on behalf of children and families is something that most communities strive to do. So, why aren’t we achieving the outcomes that all children and families deserve? The answer to that will vary from community to community, but we must ask ourselves and one another hard questions. What else do children and families need and deserve from all of us? What of our work is good and effective and needs greater time and focus? What of our work is well-intentioned but not as fruitful? What changes do we need in policies and practices both within our organizations and agencies and within our state to respond to the opportunities to better partner with families in the service of Wisconsin’s children? And, finally, what will it take over the course of the next 50 years to be able to look back and celebrate? n

According to the Wisconsin Head Start Association, the state is home to 42 Head Start and 20 Early Head Start programs operated by 44 unique organizations. CESA 11 operates and oversees Head Start in northwest Wisconsin. Programs in Chippewa Falls, Menomonie, Rice Lake and others help prepare hundreds of low-income children and their families to be successful in public school. “The goal of Head Start is to get children who are living in poverty to a good transition to public school,” said Sharon Glessing, Head Start Director at CESA 11. Research shows that children from low-income households start school with about a six-month skills gap behind their peers. Children from low-income households may also be less likely to have parents with the time, resources and ability to read stories and engage in other developmentally stimulating activities. Head Start programs try to erase the disadvantage that many children from low-income families face before even starting school. In Head Start programs, children ages birth to three are enrolled in Early Head Start and three to school age in Head Start. The typical Head Start program is three and half hours long and held four days a week. CESA 11 has been able to expand many of its programs to a six-hour day, which benefits the children and families. “We try to develop school readiness skills,” Glessing said. “These include not just the ABCs and colors but also important skills like self-regulation and social skills.” N

Lilly B. Irvin-Vitela, MCRP is executive director of the Wisconsin Head Start Association.

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Forward Together Award Boosts School Projects How you can support your brightest staff | Mel Grau

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his is what can happen when you reward educators’ visions with a few thousand dollars:

b Produce a music video with local heroes celebrating literacy.

b Pioneer green energy by

installing solar panels at school.

b Transform the long bus ride

home into an adventure with new books and new friends.

With the WEA Trust Forward Together Award, hundreds of Wisconsin students experienced what happens when their educators are given an extra boost to make their passion projects a reality. In 2014, over 150 Wisconsin school projects were nominated for the inaugural Forward Together Award. The Trust partnered with a panel of education experts to select three winners who defined vision,

passion and drive in their school districts.

Driving Literacy

Southern Door County School District “When parents put their fouryear-old on the bus for the first time, they are mighty concerned about what they will learn,” says Southern Door bus driver Ted Chaudoir. “On the bus, I teach courteousness, patience, manners and kindness. It’s not part of my job description to teach them literacy, but now it’s my passion to help.” Chaudoir started his Books for the Bus program by simply placing a cardboard box full of his daughter’s old books on his bus. He encouraged children to choose a book when they boarded the bus and sit quietly to read. When he saw how reading

created a calm, safe and productive environment for students — some who rode the bus for nearly an hour to school — he knew he was on to something. Soon, Chaudoir established a mentorship program on his bus, pairing older students with younger students to help them read. He partnered with the district reading specialist to find more books and began expanding the program to other buses in his fleet. He found a local seamstress to make slip covers for bus seats that would hold the books, ensuring student safety. The Forward Together Award helped make the program expansion possible. Now, all 18 buses in Chaudoir’s fleet have Books for the Bus, and each bus has slip covers on their seats. “As a support staff person, you

More than 150 Wisconsin school projects were nominated for the inaugural Forward Together Award.

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What’s Your Vision? WEA Trust is currently accepting nominations for the second annual Forward Together Award, a trio of $3,000 educational grants to support Wisconsin school projects. Educators and administrators who define vision, passion and drive in their school districts are eligible to win. To enter, go to WeaTrust.com/ ForwardTogether.

don’t come to the job thinking ‘I’m going to be an educator,’” says Chaudoir. “But soon you realize that everything you say, everything you do, really matters.”

Reading Music

Verona Area School District As a UW Marching Band flugelhorn veteran and Verona Area School District elementary school teacher, Kyle Walsh loves incorporating music into his classroom. By the time he applied for the Forward Together Award, he had already made two music videos that focused on math and kindness. Walsh envisioned something bigger — he wanted to invite UW student athletes, band members,

teachers, and people throughout Wisconsin to celebrate literacy in a new music video called “If You Want to be a Reader.” Set to the tune “If You Want to be a Badger,” this song would teach students that reading is everywhere. “Children. Literacy. Community. What better way to bring the three together than the Little Free Library Movement?” posited Walsh in his application. In addition to the music video, Walsh would use the Forward Together Award to purchase a Little Free Library for his school. Today, Walsh’s music video has 6,500 views on YouTube and features Bucky Badger, Barry Alvarez, UW athletes and dozens of community members reading and singing with his students. His Little Free Library welcomes families to bring this literacy buzz home — so much that it’s now running low on books.

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strong footing Self-fund with The Alliance® to gain a solution shaped by employers’ needs. Verona Area School District elementary school teacher and Forward Together Award recipient Kyle Walsh loves to incorporate music into his classroom.

“Sounds like a problem, to be running out of books. But when you think of why we’re running out, it’s because children and families are taking them and reading them. That’s the whole point!” says Walsh.

Reusable Energy Juda School District

The students should run the show. That’s what Juda High School teacher Scott Anderson passionately believes is essential to effective learning. It was also the basis of his students’ Forward Together Award proposal for a green energy project. “By giving students a project they own — one that has an immediate impact here and a bigger impact

globally — they can pick up so many skills,” says Anderson. With the Forward Together Award, Anderson’s students planned to add 12 solar panels to their school, bringing on-site green power generation to 8.75 percent. Students designed the project, from engineering and design to outreach and promotion. Anderson’s students even presented their work at the 2014 State Education Convention. “Not only do we want to reduce our energy in-house, but we want to show other schools and other communities that this is possible. If we can do it, so can you,” says Anderson. n

With The Alliance, you’ll always get the support you need to make better decisions about health benefits. Learn more about how self-funding can help your school district.

Call Calvin Rigsby at 800.223.4139 x 6643 or your agent about The Alliance. For a free case study visit: the-alliance.org/transparency

Mel Grau is a marketing communications coordinator for WEA Trust.

January-February 2015

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A S S O C I AT I O N N E W S

2015 WASB Event Calendar Here is a look at the conferences, seminars, workshops, and other events that make up the 2015 WASB Event Calendar. Event descriptions include WASB Member Recognition points. For more information on the WASB Member Recognition Program, visit wasb.org and select “Meetings and Events” and then “Member Recognition Program.” Please note: dates and locations subject to change. This listing highlights major events only. Does not include webinars and workshops. For the latest WASB event information, visit wasb.org.

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JANUARY

21-23 94th State Education Convention Wisconsin Center, Milwaukee (30 points) The 94th State Education Convention features dozens of sessions led by school leaders and stakeholders from around the state. Each day is headlined by respected keynote speakers and features a selection of special events. The Exhibit Hall brings in hundreds of respected vendors focused on serving public education.

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FEBRUARY

26-27 Legal & Human Resources Conference Holiday Inn and Convention Center, Stevens Point (20 points) This seminar, taking place over the course of two separate days, will cover a broad range of topics, with distinct tracks of sessions.

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MARCH

18 Day at the Capitol Monona Terrace/State Capitol, Madison (10 points) Join school board members and administrators from around the state to take our state budget message to the Capitol. The day includes an information-packed morning along with individual meetings with state legislators in the afternoon.

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21-23

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NSBA Annual Conference Nashville, TN (30 points)

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APRIL

7 Spring Elections for School Board Members

Dates TBD New Board Member Gatherings Various Locations (5 points) Newly elected school board members are invited to meetings where WASB staff will introduce important legal, policy, and board governance topics.

MAY

Spring Academy Radisson Paper Valley, Appleton (10 points) This event provides attendees with a foundation in board governance and policy-based decision making. Contemporary strategies for effective governance and emerging education issues will also be discussed.

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JULY

18 Summer Leadership Institute Heidel House, Green Lake (10 points) Designed for school board members interested in honing their leadership skills.


Save the Date!

Day at the Capitol March 18 — Madison, Monona Terrace and State Capitol Complete schedule and details will be posted at wasb.org.

UPCOMING EVENT: |

SEPTEMBER

Mid-September/October Fall Regional Meetings Various Locations (5 points) Connect with school leaders from around your WASB region, hear a special presentation from the WASB staff, and vote for your WASB Regional Director (where applicable).

25-26 Policy and Resolutions Committee Meeting, Madison (10 points for serving on committee) The Policy and Resolutions Committee evaluates the resolutions submitted by WASB member boards and determines which resolutions will advance to the 2016 WASB Delegate Assembly.

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Legal and Human Resources Conference The WASB 2015 Legal and Human Resources Conference on February 26-27 in Stevens Point, is designed to give school board members and administrators the latest information to help them in governing their districts as effectively as possible. Session topics include: employee wellness programs, worker’s compensation in Wisconsin, purchasing cooperatives, access to public records and personnel files, understanding construction contracts, alternative teacher compensation systems, school district referenda, and much more. These sessions will be led by WASB staff and industry experts. Members may register for one day or two days at a discounted rate. For more information or to register, visit wasb.org.

NOVEMBER

6 Policy and Resolutions Committee Meeting, Stevens Point (10 points) The second Policy and Resolutions Committee meeting before the 2016 WASB Delegate Assembly.

7 Legislative Advocacy Conference Holiday Inn and Convention Center, Stevens Point (10 points) The Legislative Advocacy Conference brings together state legislators, school funding experts, and school leaders as they discuss legislative topics that will affect public educations. Also learn important advocacy strategies critical to advocating on behalf of your district.

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L E G I S L AT I V E U P D AT E

Pivotal Year for Education Issues New Year could signal a new direction for public education policy in Wisconsin

A

s you read this, a new two-year legislative session is upon us. One of the largest freshman classes ever in the Wisconsin Legislature will be taking its seats as the 2015-16 Wisconsin Legislature convenes. The State Senate will have seven new senators (five Republicans, two Democrats), and the State Assembly will have 25 new representatives (18 Republicans, seven Democrats). School leaders would be well advised to begin building relationships with these incoming lawmakers and strengthening relationships with those lawmakers who are returning to Madison. Get to know them and their staff members. Introduce yourself at every opportunity. Sign up for e-update newsletters by visiting their legislative webpages. Invite them to your schools to show the great things happening in your district. And invite them to your local legislative breakfasts — if you don’t have one, the WASB government relations team would be happy to help you start one! Building relationships with your legislators is crucial to being an effective advocate for your school district. We want them to consider you a trusted resource on education issues.

| Education Issues and the

State Budget Debate Debate over the state budget for the next two years will likely dominate the first six months of 2015. That debate could highlight a division among Republican lawmakers between those who favor aggressively pursuing education reforms and those who favor taking a more measured approach. In the state Assembly, where Republicans control 63 of the 99 seats, the appetite for putting a partisan stamp on the direction of K-12 education policy is strong. In the state Senate, the leadership has appointed two separate committees to address education issues: the Senate Education Committee, chaired once again by state Sen. Luther Olsen (R-Ripon), and a newly formed Senate Committee on Education Reform and Government Operations, chaired by state Sen. Paul Farrow (R-Pewaukee). Last session, Olsen and Farrow were often in disagreement on issues like school accountability, Common Core State Standards, and voucher expansion. While Sen. Olsen has stated publicly that he wants to work with his Senate colleagues on these issues, he acknowledges that the more conservative Senate elected in November will likely attempt to

go around him, and the creation of the new committee seems to bear this out. | Reforming School

Accountability One of the first education items on the legislative docket, according to Assembly Speaker Robin Vos (R-Rochester), will be a proposal to reform the state’s school accountability system that Sen. Farrow is taking a leading role in trying to ready for introduction. Public schools are already a part of that system. They have received school report cards for the past three years and district reports cards for the past two years. However, private schools that accept students who receive publicly funded tuition subsidies known as “vouchers” have never been included in the state accountability system. One of the key issues to be resolved as this legislation moves forward is what testing will be used for accountability purposes. Currently, all students who get publicly funded education (including private school students benefiting from taxpayer subsidized vouchers) take the same standardized tests (i.e., state assessments) as students in public schools. However, some Republicans, including Sen. Farrow and Speaker Vos, and

Building relationships with your legislators is crucial to being an effective advocate for your school district.

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private school leaders are pushing hard to allow schools to choose what test they use, provided it is nationally norm-referenced. While public school advocates argue that multiple tests will create a murky accountability picture that will not allow for an “apples to apples” comparison, advocates for private voucher schools are convinced the results can be merged (using fairly complex statistical processes) to produce equivalency calculation data that can be used to compare schools and come up with goals. Another key issue is what kinds of interventions or sanctions might be imposed on persistently lowperforming schools. Sen. Farrow’s proposal will likely call for the creation of a statewide school accountability council that would oversee school quality, but exactly what that council could do about a low-performing school isn’t clear yet. (Last session, replacement of the principal

and staff, conversion to a charter school or closure were among the sanctions proposed.) Another key issue, and one likely to be decided in the state budget debate, is whether state-imposed per-pupil revenue limits on public schools will be adjusted upward (two years ago, the initial budget proposal that was introduced called for no increase). | Stay Informed The legislative session commences on Jan. 5, and it is anticipated that Gov. Walker will introduce his 2015-17 state budget proposal in late January. School board members who want to stay abreast of developments related to these issues and others should read the weekly legislative updates provided through the WASB eConnection electronic newsletter and monthly columns like this one in the Wisconsin School News magazine.

In addition, school board members should mark their calendars and plan to attend two legislative updates that will be provided by the WASB government relations team at the State Education Convention in Milwaukee on Jan. 23 and at the WASB Legal and Human Resources Conference in Stevens Point on Feb. 27. School board members who want to make their voices heard in Madison should also plan to attend the 2015 WASB Day at the Capitol in Madison on March 18. This event begins at the Monona Terrace Convention Center with a series of morning briefings on the state budget and effective lobbying techniques and ends with meetings with legislators in their Capitol offices in the afternoon arranged by the WASB staff. Watch wasb.org and your mailbox for further information about this event. If you don’t speak for your district, who will? n

Find the right match. The WASB’s Superintendent Search Services will help ensure your school board makes the right hire. Our dedicated consultants are your trusted partner, considering your district’s long- and shortterm goals and how they connect with your search for a superintendent. Contact the WASB today. Superintendent Search Services | 608-257-2622 | 877-705-4422 | Visit wasb.org

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LEGAL COMMENT

B oa r d m a n & C l a r k LL P

The Legal Impact of Same-Sex Marriage on Wisconsin School Districts

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fter a string of court decisions, as of Oct. 6, 2014, the State of Wisconsin will now recognize the marriage of any same-sex couple that was legally married either before, on, or after Oct. 6, 2014, in a state (or country) that, at the time of the couple’s marriage, recognized same-sex marriage as legal. This includes same-sex marriages conducted in Wisconsin on or after Oct. 6, 2014, as well as those same-sex marriages that occurred in Wisconsin in June of 2014 during the one-week period after Wisconsin’s ban on same-sex marriage was struck down by a federal district court.1 So what does this mean for school districts in Wisconsin? As a general matter, it means that school districts, like other employers, must now treat same-sex spouses in the same manner as they treat opposite-sex spouses. This Legal Comment will discuss the impact of this general rule on school districts in different legal areas.2

| Fair Employment The Wisconsin Fair Employment Act (WFEA) prohibits discrimination on the basis of sexual orientation.3 As such, any action by an employer (including a school district) that discriminates against an employee because that employee is in a same-sex marriage could give rise to a discrimination claim under the

WFEA. In addition, any action by an employer that treats an employee’s same-sex spouse differently than an employee’s opposite-sex spouse could also lead to a discrimination claim under the WFEA. For example, as discussed in more detail below, employers that offer spousal benefits (e.g., group health insurance) to opposite-sex spouses, but not same-sex spouses, could be found liable for violating the WFEA. Similarly, employers that offer spousal benefits to both same-sex and opposite-sex spouses could be found liable for violating the WFEA if they treat same-sex spouses differently in regard to those benefits (e.g., by requiring proof of marriage for same-sex spouses but not opposite-sex spouses). | Health Insurance Benefits Any school district that offers spousal benefits under a group health plan will need to consider how Wisconsin’s recognition of same-sex marriage impacts its plan. And, while the general rule that all spouses must be treated the same applies, there are some wrinkles that school districts must consider in regard to their health plans. The nature of these wrinkles will depend on the type of health plan (e.g., insured or self-insured) at issue. With regard to insured plans, Wisconsin law requires insurers that

offer dependent coverage under their group insurance policies to make spousal coverage available under those policies.4 Prior to Wisconsin’s recognition of same-sex marriage, this requirement did not mandate coverage of same-sex spouses, because they were not recognized as spouses under Wisconsin law. However, now that Wisconsin has recognized same-sex marriage, the spousal-coverage requirement will apply equally to both same-sex and opposite-sex spouses. As such, insurers will likely begin making coverage available to same-sex spouses under any group health insurance policy that offers spousal coverage. Further, now that same-sex marriage is recognized in Wisconsin, insurers will provide special enrollment opportunities for newly married same-sex spouses (under the same rules that apply to opposite-sex spouses) and offer to enroll same-sex spouses during open enrollment. In the wake of Wisconsin’s recognition of same-sex marriage, many insurers also offered a special, one-time enrollment opportunity for same-sex spouses who were married prior to October 6, 2014. School districts with questions regarding coverage of same-sex spouses under their insured group health plans should contact their consultants or insurers.5 With regard to self-funded plans,

Any school district that offers spousal benefits under a group health plan will need to consider how Wisconsin’s recognition of same-sex marriage impacts its plan.

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Kyle Walsh spent more than 60 hours on his literacybased music video project. It was his drive that made it a success. WEA Trust made it possible. Do you share Kyle’s drive? Enter to win a $3,000 award.


LEGAL COMMENT

the Wisconsin insurance law discussed above is not applicable, and there is no other statute that would expressly require a self-funded plan to make same-sex spousal coverage available, even if the plan provides coverage for dependents and opposite-sex spouses. However, school districts with self-funded plans that offer health insurance coverage to opposite-sex spouses may nevertheless be required to extend those spousal benefits to same-sex spouses, because failing to do so would likely be a violation of federal equal protection rights and the WFEA’s prohibition on discrimination on the basis of sexual orientation. Importantly, however, the WFEA likely does not require that health insurance coverage be offered to same-sex domestic partners if domestic partner coverage is not offered to opposite-sex couples (see the discussion of domestic partner benefits below for additional information). School districts should review their plan documents and summary plan descriptions (SPDs) to determine whether any amendments should be made (e.g., if a plan defines “spouse” in a manner that would exclude a same-sex spouse, an amendment may be necessary). | Taxation of Health Insurance

Coverage for Same-Sex Spouses Before June 2013, spousal benefits for same-sex spouses were (unlike spousal benefits for opposite-sex spouses) subject to both state and federal income taxes. As such, school districts that offered health insurance benefits to same-sex spouses were required to treat such benefits for same-sex spouses as taxable income and to therefore impute income to account for the taxation of those benefits under state and federal law. In June 2013, however, when the U.S. Supreme Court issued its decision in United States v. Windsor 6 (which recog-

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[continued]

nized same-sex marriages for purposes of federal law), the federal income tax rules changed. Thus, school districts offering health insurance benefits to same-sex spouses no longer had to impute income for federal income tax purposes, but still had to impute income for Wisconsin income tax purposes. After Wisconsin’s recognition of same-sex marriage, however, the rule under Wisconsin law has now changed. Spousal health insurance benefits provided to legally married same-sex spouses are no longer subject to Wisconsin income tax. Therefore, school districts will no longer be required to impute income in regard to such benefits. The Wisconsin Department of Revenue (DOR) has indicated that same-sex couples who have paid Wisconsin income tax on employer-provided health insurance benefits in the past may file amended tax returns.7 School districts will need to carefully attend to the payroll implications of these new rules. In particular, a school district will need to compute an employee’s income based on the new guidance to properly complete an employee’s Form W-2. For example, if a same-sex couple was legally married in another state prior to October 6, 2014, and had been receiving spousal or domestic partner health insurance benefits, the employer may have been imputing income to the employee and making payroll deductions for purposes of Wisconsin income tax. After October 6, 2014, however, this practice is no longer proper, because the couple is considered legally married for purposes of Wisconsin income tax. According to DOR’s guidance, if the couple was lawfully married on January 1, 2014, the employer should not include any imputed income on the 2014 Form W-2. For a couple that was married mid-year, DOR’s guidance explains that the employer should not include any imputed income on the 2014 Form W-2 from the date of the marriage through

December 31, 2014. The guidance also explains that, if the spouse of an employee who is married mid-year had been receiving coverage through the employee prior to the date of marriage as a domestic partner, the employer should report imputed income on the Form W-2 from January 1 until the date of marriage. Given this guidance, school districts that have any employees whose same-sex spouses are receiving health insurance through the district will likely need to update the calculation of income for those employees when preparing Form W-2. This is a bookkeeping task; according to the DOR’s guidance, a district should not refund any amount actually withheld. Further, the amount of income tax actually withheld from the employee should be reported on Form W-2, including any income tax withheld attributable to any imputed income. | Other Employee Benefits As with benefits under a group health insurance plan, if an employer offers any other types of spousal benefits, those benefits likely must now be provided to same-sex spouses on the same terms as they are provided to opposite-sex spouses. | FMLA Now that Wisconsin has recognized same-sex marriage, school districts will be required to treat both same-sex and opposite-sex spouses in the same manner for purposes of leave under both the Wisconsin Family and Medical Leave Act (WFMLA) and the federal Family and Medical Leave Act (FMLA). For example, leave for the serious health condition of a spouse will have to be made available equally for both same-sex and opposite-sex spouses. A school district’s FMLA policy may need to be amended to account for this change. | Domestic Partner Benefits Wisconsin recognizes domestic partnership under two separate sets of


laws. Chapter 40 of the Wisconsin Statutes includes provisions regarding domestic partnerships for purposes of the Department of Employee Trust Funds (ETF). These rules permit both same-sex and opposite-sex couples to establish a domestic partnership for purposes of benefits administered by ETF. Chapter 770 of the Wisconsin statutes includes provisions that permit same-sex couples to establish domestic partnerships for purposes of Wisconsin law. Domestic partners under Chapter 770 are eligible for a number of benefits provided for under various Wisconsin statutes (e.g., WFMLA leave), but they are not entitled to the full range of benefits available to a legally married couple. In addition to domestic partnerships under the Wisconsin statutes, many school districts have also opted to offer domestic partner benefits under their benefit plans (e.g., health insurance coverage for domestic partners). In general, these domestic partner benefits are determined by the terms of the employer’s plan. Wisconsin’s recognition of same-sex marriage does not alter Wisconsin’s law regarding domestic partners, nor does it alter the manner in which a school district is required to administer domestic partner benefits (if any) under the terms of its benefit plans. For example, districts are still not required to offer group health insurance benefits to domestic partners. In addition, if districts do offer domestic partner health insurance benefits, they must still impute taxable income for the value of the benefits provided to a domestic partner (whether same sex or opposite sex), unless the domestic partner qualifies as a dependent of the employee. Therefore, districts must continue to differentiate between married employees and employees who are party to a domestic partnership.

It is possible that some same-sex couples who were previously part of a domestic partnership may now choose to marry under Wisconsin law. In that case, after the marriage, those couples should be treated according to the rules that apply to same-sex spouses (which, as discussed above, will generally be the same rules that apply to opposite-sex spouses), and the district should make any necessary payroll adjustments to account for the couple’s change in status. Similarly, if a district has any employees who were part of a Chapter 770 domestic partnership while also being legally married under the laws of another state (or country), those employees would need to be treated as married under Wisconsin law as of October 6, 2014, the date on which Wisconsin recognized their marriage as legal. In fact, under Chapter 770, that couple’s domestic partnership would have automatically terminated as of that date, because of Wisconsin’s recognition of their marriage.8 Finally, given Wisconsin’s recognition of same-sex marriage, school districts that currently offer domestic partner benefits may want to consider whether it continues to make sense to offer those benefits. This decision will depend on the facts and circumstances of each district’s situation, such as the reason why the district chose to offer domestic partner benefits in the first place and the administrative burden and expense of continuing to offer those benefits. Districts that choose to eliminate domestic partner benefits will need to consider whether doing so results in any continuation coverage rights for those individuals who lose coverage. Under state and federal law, employees and their spouses and dependents who lose coverage under a group health insurance plan

for a qualifying reason are entitled to an offer of continuation coverage. (Federal law also provides for continuation coverage for other types of group health plans, such as group dental insurance.) In general, however, the elimination of benefits for domestic partners will not trigger continuation coverage rights, because a domestic partner will generally not be a spouse or dependent and the loss will not be due to a qualifying reason. Nevertheless, it is possible that continuation coverage rights could be provided under a district’s plan document or insurance policy. n | End Notes 1. Wolf v. Walker, 986 F. Supp. 2d 982 (W.D. Wis. 2014). 2. For additional information related to this topic, see WASB Legal Notes “Prohibited discrimination based on sexual orientation, Part I and II” (Fall 2006 and Winter 2006) and “Tax Treatment and strategies for providing health benefits to domestic partners” (Spring 2001). 3. Wis. Stat. secs. 111.321-.322, .36. 4. Wis. Stat. sec. 632.746(7). 5. For school districts that offer health insurance through the Department of Employee Trust Funds (ETF), additional guidance on these issues from ETF can be found at http://etf.wi.gov/news/ht-2014-samesex-marriage2.htm. 6. 133 S. Ct. 2675 (2013). 7. The DOR has provided helpful guidance on these issues, which can be found at http://www.revenue.wi.gov/ faqs/ise/samesex.html. 8. Wis. Stat. sec. 770.12(4)(b). This Legal Comment was written by Michael J. Julka and Andrew N. DeClercq of Boardman & Clark llp, WASB Legal Counsel.

Legal Comment is designed to provide authoritative general information, with commentary, as a service to WASB members. It should not be relied upon as legal advice. If required, legal advice regarding this topic should be obtained from district legal counsel.

January-February 2015

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31


PROFESSIONAL DEVELOPMENT

Making the Most of Training Opportunities Gaining knowledge and information from conferences and workshops requires active steps before, during and after the event

T

he work of a school leader is complex. No one is born with the knowledge and skills to be school board members or administrators. The complicated decisions in regard to policies, superintendent evaluations, student learning, school funding, and legal issues, among others, require patience and knowledge. Professional development is essential in building one’s ability to serve as a school board member or administrator. Professional development is gained though many means. For school board members, one of the most practical and effective means is attending meetings or workshops where school leaders meet and discuss issues in-depth. The upcoming State Education Convention, Jan. 21-23 in Milwaukee, provides many opportunities for school leaders to gain knowledge and share ideas from school board members and administrators from around the state. However, to get the most out of a conference or workshop, attendees need to be active before, during and after the event to make the most of the information and experience. | Before the conference:

b Make an announcement that

members from your board will be attending a conference. Make sure to include the purpose and value of the training.

b Review the meeting program

and determine which sessions,

discussions, and activities will most benefit your school district.

b Designate at least one memeber to present a written or verbal report to the school board following the conference.

b If possible, send several

members to a conference to attend multiple sessions and get diverse perspectives.

| During the conference: Come prepared with specific questions you have for each session or presentation you are attending. If the question isn’t answered during the course of the presentation, ask at the end of the session. Or, if that is not an option, send an email (with your question) to the speaker(s) after the session.

b Collect hand-out materials distributed by speakers and share those relevant to your school district.

b Visit with exhibitors or partner

businesses or organizations that are exhibiting at the event. Businesses and organizations that work closely with school districts may have products or services (or ideas) that could benefit your district.

b Network with fellow school

board members and administrators during the event. You can gain a great deal by networking with colleagues that are facing the same challenges in their districts.

| After the conference:

b Share what you learned with your school board. Highlight the information and ideas that were shared at the event.

b Explain the benefits for participation in the event or training. School governance is a complex responsibility – training school board members to be effective leaders and decision makers is an educational investment that benefits the district and community.

b You may want to consider preparing a news release that includes the education topics covered at the event, pertinent ideas or information gained, school representatives who attended, and quotes from attendees. These steps will not only help your school district and students get the most benefit from school leadership professional development opportunities, but it will also help showcase to your community the work that your school district leadership team is doing on behalf of the district. By letting your community know the importance of conferences, and keeping an eye on expenses, board members will stay abreast of the best thinking on school governance issues, avoid mistakes, and be fiscally responsible. n

Professional development is essential in building one’s ability to serve as a school board member or administrator.

32

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Wisconsin School News


Quality Educational Services And Products 2 0 1 5 WA S B S E RV I C E A S S O C I AT E S ARCHITECTURE, ENGINEERING, PLANNING, INTERIORS AND CONSTRUCTION MANAGEMENT BRAY ASSOCIATES ARCHITECTS INC. 1202A N. 8th St., PO Box 955 Sheboygan, WI 53082-0955 Phone 920-459-4200 www.brayarch.com Architecture, Interior Design, Planning, Referendum Support

DLR GROUP 520 Nicollet Mall, Suite 200 Minneapolis, MN 55420 Phone 612-977-3500 www.dlrgroup.com Architecture, Engineering, Planning, Interiors, Construction Management

HOFFMAN PLANNING, DESIGN & CONSTRUCTION, INC. 122 E. College Ave. PO Box 8034 Appleton, WI 54911 Phone 800-236-2370 www.hoffman.net Planners, Architects and Construction Managers

PLUNKETT RAYSICH ARCHITECTS LLP 11000 W. Park Pl. Milwaukee, WI 53224 Phone 414-359-3060 www.prarch.com Architectural and Interior Design Services

COMPUTER HARDWARE, SOFTWARE, CONSULTING SKYWARD INC. 5233 Coye Dr. Stevens Point, WI 54481 Phone 715-341-9406 www.skyward.com Developer of student, budgetary and human resource administrative software exclusively for K-12 school districts.

CONSTRUCTION MANAGEMENT, ­CONTRACTING, CONSULTING J.H. FINDORFF & SON INC. 300 S. Bedford St. Madison, WI 53703 Phone 608-257-5321 www.findorff.com Construction ­Services

J.P. CULLEN & SONS INC. PO Box 1957 Janesville, WI 53547-1957 Phone 608-754-6601 www.jpcullen.com General Contractor

VJS CONSTRUCTION SERVICES

EMC INSURANCE COMPANIES

W233 W2847 Roundy Circle Dr. Pewaukee, WI 53072 Phone 262-542-9000 www.vjscs.com Construction Services

16455 W. Bluemound Rd. PO Box 327 Brookfield, WI 53008 Phone 262-786-1800 www.emcins.com Property and Casualty Insurance

ENERGY SERVICES CONTINUUM ENERGY 113 South Main Street #200 Lodi, WI 53555 Phone 608-576-3592 www.seminoleenergy.com Retail natural gas services into all Wisconsin utility companies, including national and commercial customers.

FINANCE, BANKING, CONSULTING SPRINGSTED INCORPORATED 710 Plankinton Ave., Suite 804 Milwaukee, WI 53203-1100 Phone 414-220-4250 www.springsted.com Advisors to the Public Sector in Finance, Human Resources and Management ­Consulting Services.

INSURANCE ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES 1289 Deming Way, Suite 208 Madison, WI 53717 Phone 608-828-3741 Fax 608-828-3757 www.ajgrms.com Gallagher specializes in serving the risk management and insurance needs of public schools.

ASSOCIATED FINANCIAL GROUP, LLC 8040 Excelsior Dr. Madison, WI 53717 Phone 608-259-3666 Al.Jaeger@associatedfinancialgroup.com www.associatedfinancialgroup.com Our focus is financial security options that protect and assist growth. We go beyond simply protecting against the loss of assets and property.

COMMUNITY INSURANCE CORPORATION 18550 W. Capitol Dr. Brookfield, WI 53045 Phone 800-236-6885 www.communityinsurancecorporation.com Community Insurance Corporation is dedicated to providing school districts with the tools they need to economically and efficiently address today’s changing insurance and risk-management environment.

HUMANA N19 W24133 Riverwood Dr. Suite 300 Waukesha, WI 53188 Phone: 800-289-0260 www.humana.com Insurance Company

KEY BENEFIT CONCEPTS, LLC 2717 N. Grandview Blvd., Suite 205 Waukesha, WI 53188 Phone: 262-522-6415 www.keybenefits.com Actuarial and employee benefit consulting services.

M3 INSURANCE 3113 W. Beltline Hwy. Madison, WI 53713 Phone 800-272-2443 dale.vandam.m3ins.com M3’s dedicated education specialists combine more than 100 years of experience and expertise to provide schools with the very best in risk management, employee benefits and property and casualty insurance.

MARITIME INSURANCE GROUP 832 Niagra Ave. Sheboygan, WI 53082 Phone 920-457-7781 Fax 920-459-0251 mmrdjenovich@hubinternational.com www.hubinternational.com

R&R INSURANCE 1581 E. Racine Ave. Waukesha, WI 53186 Phone 262-574-7000 www.myknowledgebroker.com R&R Insurance’s School Practice Group has more than 25 years of educational institution experience and a dedicated Resource Center designed with school district’s risk and claims management needs in mind.

TRICOR INSURANCE 2001 W. Beltline Hwy., Suite 201 Madison, WI 53713 Phone 877-468-7426 john@tricorinsurance.com www.tricorinsurance.com TRICOR now insures over 150 public schools. TRICOR’s School Practice Team is made up of a diverse group of experienced individuals who are extensively trained (30+ years experience) and specialized in school insurance products, risk management, support services, loss control, human resources and claims advocacy.

NATIONAL INSURANCE SERVICES OF WISCONSIN, INC. 250 South Executive Dr., Suite 300 Brookfield, WI 53005-4273 Phone 800-627-3660 slaudon@nisbenefits.com www.NISBenefits.com National Insurance Services has been a specialist in public sector benefits since 1969. Our insured products include: Health, Dental, Disability, Life and Long-Term Care Insurance. Our financial solution products include: Health Reimbursement Accounts, OPEB Trusts (Fixed or Variable), Special Pay Plan and Flexible Spending Accounts.

UNITEDHEALTHCARE 10701 W Research Dr. Milwaukee, WI 53226 Phone 414-443-4094 www.uhctogether.com/schoolsinWI www.uhc.com UnitedHealthcare’s mission is to help people live healthier lives by providing access to high quality, affordable health care. We are committed to improving the health care experience of K-12 teachers, staff, retirees and their families in the state of Wisconsin by providing Better Information, to drive Better Decisions, to help Improve Health.

WILLIS OF WISCONSIN, INC. 400 N. Executive Dr., Suite 300 Brookfield, WI 53005 www.willis.com Public sector practice

LEGAL SERVICES BUELOW VETTER BUIKEMA OLSON & VLIET LLC 20855 Watertown Rd., Suite 200 Waukesha, WI 53186 Phone: 262.364.0300 www.buelowvetter.com The attorneys at Buelow Vetter have decades of experience in representing school boards across the State of Wisconsin. We advise school boards and administrators on a variety of issues from labor and employment to student discipline and expulsion.

PHILLIPS BOROWSKI, S.C. 10140 N. Port Washington Rd. Mequon, WI 53092 Phone: 262.241.7779 www.phillipsborowski.com tlhe@phillipsborowski.com Phillips Borowski, S.C. works with schools throughout the state to guide them through the complex system of laws and regulations affecting school operations.


SUPPORTING, PROMOTING AND ADVANCING PUBLIC EDUCATION

UPCOMING PROGRAMS FeB. 26-27, 2015

March 18, 2015

LEGAL AND DAY AT THE HUMAN CAPITOL RESOURCES CONFERENCE Madison, sTevens poinT, holiday inn & convenTion cenTer

Join us at the WASB 2015 Legal and Human Resources Conference to get the latest information on: • • • • •

Employee Relations Health Care Administrator Contracts Liability Referenda and more

The Monona Terrace & sTaTe capiTol Building

Join school board members and administrators from around the state to take our message to state legislators at the Capitol! On the agenda: • 2015-17 State Budget • School Accountability • Student Achievement • Voucher Expansion

The conference features WASB and industry experts. Members may register for one day or two days at a discounted rate.

v i s i t wa s b . o r g f o r co m p l e t e i n f o r m at i o n a n d to r e g i s t e r

Ph: 608-257-2622 FAx: 608-257-8386


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