2012 Fall Alabama School Boards Magazine

Eureka!

Great Schools Are No Accident

AASB Annual Convention

Dec. 6-8, 2012, Wynfrey Hotel, Birmingham, Alabama

路 Author, Speaker and Educational Consultant Dr. Michele Borba 路 O2Ideas CEO and Founder of The Mattie C. Stewart Foundation Dr. Shelley Stewart 路 Barbara Dooley, motivational speaker and wife of former University of Georgia football coach Vince Dooley Earn 8 Hours in the School Board Member Academy

Register Today at AlabamaSchoolBoards.org

Inside

16 FALL 2012 Vol. 33, No. 3

www.AlabamaSchoolBoards.org

22

AYP results and college- and career-ready standards

20 Students first Q&A

Answers to questions about the Students First Act of 2011.

24 ten good things about public education

The naysayers are wrong – public schools are not failing. Here are some of the many things we are doing right.

26 uNDERSTANDING the millennial generation

FEATURES

8 Who Do you represent?

The best answer is the community.

PUBLICATION POLICY Alabama School Boards is published by the Alabama Association of School Boards as a service to its members. The articles published in each issue represent the ideas or beliefs of the writers and are not necessarily the views of the Alabama Association of School Boards.

Subscriptions sent to members of school boards are included in membership dues.

Complimentary copies are available upon request to public school principals throughout the state. Additional annual subscriptions can be obtained for $30 by contacting AASB. Entered as third-class mail at Montgomery, AL. Permit No. 34.

Alabama School Boards is designed by Linda Tynan Creative Services, Pike Road, AL. Address all editorial and advertising inquiries to: Alabama School Boards, Editor, P.O. Drawer 230488, Montgomery, AL 36123-0488. Phone: 334/277-9700 or e-mail info@AlabamaSchoolBoards.org.

A look at the influence of the millennial generation in the education workplace.

IN EVERY ISSUE 4 trends, research & dates 6 Education & the law 10 who’s who at sde 13 CALENDAR 28 AT THE TABLE

students first Act: one year later

The Students First Act has been a game changer and givesw school boards the authority to make personnel decisions that are best for the kids.

OFFICERS PRESIDENT Steve Foster Lowndes County

CHIEF OPERATING OFFICER Ken Roberts, C.P.A. DIRECTOR OF PUBLIC RELATIONS Denise L. Berkhalter

VICE PRESIDENT Pam Doyle Muscle Shoals IMMEDIATE PAST PRESIDENT Florence Bellamy Phenix City

BOARD OF DIRECTORS DISTRICT 1 Stephanie Walker Brewton DISTRICT 2 Don Nichols Perry County DISTRICT 3 Roxie Kitchens Troy

DISTRICT 5 Kim Webb Benos Vestavia Hills DISTRICT 6 Larry B. Stewart Calhoun County DISTRICT 7 Belinda McRae Marion County

Pages 2, 3, 4, 14 & 16 artwork ©istockPhoto.com Pages 2, 3, 4, 5, 6, 8, 13, 18, 22, 25, 26 & 31 artwork ©fotolia.com

STAFF

EXECUTIVE DIRECTOR Sally Brewer Howell, J.D.

PRESIDENT-ELECT Katy Smith Campbell Macon County

DISTRICT 4 Charlotte Meadows Montgomery County

On THE COVER: artwork ©istockPhoto.com and fotolia.com

STATE BOARD LIAISON Mary Scott Hunter

DISTRICT 8 Jim Fisher Florence DISTRICT 9 Dr. Jennie Robinson Huntsville

DIRECTOR OF GOVERNMENTAL RELATIONS Lissa Astilla Tucker DIRECTOR OF LEADERSHIP DEVELOPMENT Susan Salter MEETING/MARKETING COORDINATOR Angela Ing MEMBERSHIP COORDINATOR Debora Hendricks EXECUTIVE ASSISTANT Tammy Wright BOOKKEEPER Morgan Hilliard STAFF & TECHNOLOGY ASSISTANT Lashana Summerlin ADMINISTRATIVE ASSISTANTS Robert McQueen Donna Norris Katie Schroeder CLERICAL ASSISTANT Sha’Wanda Franklin ALABAMA SCHOOL BOARDS EDITOR Linda Tynan

Our Mission: To develop excellent school board leaders through quality training, advocacy and services.

Alabama School Boards • Fall 2012 3

Trends Research&Dates

UP FRONT

-Compiled by Denise L. Berkhalter

Struck Down

Schools won’t record immigration status

Since passage of Alabama’s immigration law, ongoing litigation has blocked a requirement that public schools collect data about the immigration status of enrolling students. The data was to be collected whether the student was born outside America or is the child of an undocumented person. However, on Aug. 20, the U.S. 11th Circuit Court of Appeals struck down that section of the Beason-Hammon Alabama Taxpayer and Citizen Protection Act. The federal appeals court said it finds “section 28 violative of the Equal Protection Clause [of the 14th Amendment],” which bars states from making laws that are discriminatory in their application. The court said federal law preempts section 28 since “no federal law ‘may be construed as addressing alien eligibility for a basic public education.’”

Alabama is the only state whose immigration law requested documentation from enrolling children in order to classify them as either lawfully or unlawfully present within the United States.

Ready for College

18%

of Alabama’s 2012 ACT-tested high school graduates met all four of the ACT College Readiness Benchmarks, and 68 percent met one or more benchmarks. The benchmarks are scores on the ACT subject-area tests that represent the level of achievement required for students to have at least a 75 percent chance of passing corresponding first-year college courses. The state’s average composite score is 20.3, compared to the nation’s 21.1. To read the whole report, visit http:// ow.ly/da1Wi.

To Meet or Not to Meet The Alabama Open Meetings Act does not prevent a couple of school board members from eating a meal together or discussing routine school business. It’s legal for school boards to attend an educational workshop together, and two board members can, as representatives of the board, meet with the superintendent and chief school financial officer to discuss contents of a contract that will come before the board. Serial meetings, on the other hand, may violate the spirit of the law. AASB advises against using intentional small group meetings to discuss specific issues that are coming before the board in an attempt to evade the quorum requirements of the OMA. Discuss this issue with your school board attorney.

4 Alabama School Boards • Fall 2012

BY THE NUMBERS

39,565

or about 86 percent of Alabama’s 2012 graduating class took the ACT, and there has been an 11 percent increase since 2008 in the number of the state’s graduates who take the ACT. In the 2013-2014 year, 11th-graders in Alabama public schools will take the ACT free of charge. Alabama began rolling out ACT-associated assessments with the use of EXPLORE in the 2010-2011 school year for the eighth-grade class. That group of students, now in the 10th grade, will take the PLAN this year and WorkKeys when they become 12th-graders.

SAY WHAT?

“I was against the school calendar all along. Tourism is a good thing.

We need tourism. But what we did is we took away local control [from school boards]. It’s not just about money. The money was the shell game they used to get the votes.”

Title IX Webinar Thursday, Nov. 8

Holtzclaw

Separate Fact from Fiction at the Title IX webinar on Thursday, Nov. 8 from 11:30 a.m. to 1 p.m. Attorney Mark Boardman of Boardman, Carr, Hutcheson & Bennett PC will explain what the law requires of school boards and their employees when confronted with gender-based discrimination. School board members will earn 1.5 hours in the AASB academy for each webinar. To register, visit AlabamaSchoolBoards.org.

— Sen. Bill Holtzclaw (al.com, Aug. 20) on the tourism industry’s promise that a statewide school calendar would gain $22 million for the Education Trust Fund.

Holtzclaw and Rep. Paul DeMarco have pre-filed bills that would give school boards an “opt-out” option, so they aren’t wedded to the calendar restrictions.

Education Trust Fund Update Receipts to the Education Trust Fund increased by 2.2 percent in August compared to the same month last year, resulting in a year-to-date growth rate of 5.3 percent.

Growth to the fund has slowed over the last two months, reflecting the stagnant nature of the national and state economies. State officials indicate they believe sufficient revenue will be available to fund the $5.63 billion ETF budget, though boards should be aware that it is not a certainty at this point. State officials also had projected $40 million in revenue for this fiscal year to be carried over for the 2013 fiscal year. Even if this carryover does not materialize, it appears that sufficient revenue will be available for the $5.51 billion 2012-13 fiscal year budget that starts Oct. 1.

Read AASB’s For Your Information newsletter for future ETF updates.

Get Active in AASB, Volunteer for Clinics Not every clinic session attendee has an opportunity to personally meet and network with the presenters.

Moderators have that privilege! If you are interested in volunteering to be a clinic moderator at the AASB 2012 Annual Convention on Dec. 7, please email Angela Ing at angela. ing@AlabamaSchoolBoards.org. To view the list of clinics, go to AlabamaSchoolBoards.org/ConventionClinics.htm.

All-State School Board Member Nominations Due Oct. 1 Honor the commitment and achievement of one of your board members by nominating him or her for AASB’s AllState School Board Member Recognition Program. The All-State award, one of AASB’s highest honors, celebrates the work of up to five past or present Alabama school board members who have exhibited exemplary boardmanship. If your board previously has nominated a member who was not selected, consider nominating that person again.

Nominations must be postmarked by Oct. 1. Nomination forms and detailed guidelines for the program have been mailed to you and your superintendent.

Please contact Director of Leadership Development Susan Salter (ssalter@ AlabamaSchoolBoards.org or 334/277Alabama School Boards • Fall 2012 5

EDUCATION & THE LAW

By Jayne Harrell Williams, Hill Hill Carter Franco Cole & Black PC

Board of Adjustment: The State’s Moral Center Under the Constitution of Alabama, the state is immune from lawsuits for monetary damages. This immunity is absolute and extends to local agencies of the state, such as school boards.

L

awsuits filed against a school board alone have become rare, as most plaintiffs know that boards are entitled to absolute immunity. Plaintiffs are becoming more likely to file official capacity and even individual capacity claims in order to get around an early dismissal on grounds of immunity. The next time you are faced with a lawsuit where a plaintiff has made individual capacity claims in an attempt to avoid immunity, all hope is not lost.

Move to dismiss on the grounds that the suit is in essence one against the school board; that is, the state.

So what remedy does a person have when he has been damaged by a school board? He can turn to the state Board of Adjustment.

The Board of Adjustment is literally the state’s moral center. The Alabama Legislature created the Board of Adjustment to provide a way for the state to pay for injuries to one’s person or property “where in law, justice or good morals the same should be paid” [Ala. Code §41-9-60]. Immunity is important but can sometimes lead to a harsh result. The Board of Adjustment is the state’s effort to right its wrongs.

The Board of Adjustment has exclusive jurisdiction over claims against the state that cannot be brought in court. [Alabama Department of Transportaion v. Harbert Intern., Inc., 6 Alabama School Boards • Fall 2012

990 So. 2d 831 (2008)]. One common example of a claim filed is an on-the-job injury claim. School boards in Alabama are not required to provide workers’ compensation until it is funded, so it is generally not provided. Therefore, if an employee is injured and suffers out-of-pocket expenses, he cannot hold the school board liable for that claim in court. Rather, he must file a claim with the Board of Adjustment.

Other examples are claims for injury or death arising out of employment where there is no workers’ compensation available, claims for injury or death of a student resulting from a school bus accident, claims arising out of express or implied contracts, claims for overpayments and claims for underpayments.

In Matthews v. Alabama Agricultural & Mechanical University [716 So. 2d 1272 (Ala. Civ. App. 1998)], an employee sued the university, its president and its board of trustees for breach of his employment contract. The trial court found that the university and the individual defendants, both in their official capacities and individual capacities, were absolutely immune from any breach of contract claim because any “favorable result for the plaintiff ... would result in the plaintiff’s recovery of money from the state” [Matthews, quoting Shoals Community College v. Colagross, 674 So. 2d 1311, 1314 (Ala. Civ. App. 1995)]. The Court of Civil Appeals held that rather than suing the university and the other individuals, the plaintiff should have filed a claim with the Board of Adjustment: “Because of the sovereign [or absolute] immunity clause, the courts of this state are without jurisdiction to entertain a suit seeking damages, including back pay, for breach of contract against the state. [State Bd. of Adjustment v. State Dep’t of Mental Health, 581 So. 2d 481 (Ala. Civ. App. 1991), rev’d on other grounds, Ex parte Dale, 581 So. 2d 472 (Ala. 1990)].

Matthews’ remedy, if any, is with the Board of Adjustment.”

The Court of Civil Appeals then referred to Sections 41-962(a)(4) and (a)(7), Code of Alabama 1975, which provide: (a) The Board of Adjustment shall have the power and jurisdiction and it shall be its duty to hear and consider: (4) All claims against the state of Alabama or any of its agencies, commissions, boards, institutions or departments arising out of any contract, express or implied, to which the state of Alabama or any of its agencies, commissions, boards, institutions or departments are parties, where there is claimed a legal or moral obligation resting on the state;

ers in their individual capacities. The bus drivers claimed state agent immunity and argued that the student’s recourse was with the Board of Adjustment. The Court of Civil Appeals rejected the drivers’ claim of immunity, noting that driving a school bus did not fall within the protected conduct set out in Ex parte Cranman, [792 So. 2d 392 (Ala. 2000)]. It noted that the “Board of Adjustment has jurisdiction over claims against the state that are not justiciable in the courts because of the state’s constitutional immunity from being made a defendant.” [Quoting Vaughan v. Sibley, 709 So. 2d 482, 486 (Ala. Civ. App. 1997)]. Because the bus drivers did not enjoy immunity, the student was not forced to pursue her claim before the Board of Adjustment.

The board is made up of Director of Finance Dr. Marquita Davis, State Auditor Samantha Shaw, State Treasurer Young Boozer and Secretary of State Beth Chapman.

Many of us are aware that the Board of Adjustment exists to handle claims that individual boards do not, but few of us know exactly who they are and how they work.

Most claims must be filed with the Board of Adjustment within one year. When a claim is filed with the Board of Adjustment against a school board, the claim is sent to the school board to determine if it is legitimate. If the school board agrees to pay the claim, the Board of Adjustment issues a payment decree for the proper amount and sends it to the members of the Board of Adjustment for their approval. The school board then authorizes payment, and the Board of Adjustment sends the check to the injured party.

If the school board denies the claim, the Board of Adjustment schedules a hearing before its members and hears relevant information regarding the claim. The Board of Adjustment then votes upon the claim and issues a written decision. n

(7) All claims for underpayment by the state of Alabama or any of its agencies, commissions, boards, institutions or departments to parties having dealings with the state of Alabama or any of its agencies, commissions, boards, institutions or department.

But be cautious. A plaintiff is only required to file a claim with the Board of Adjustment when immunity would otherwise prevent compensation. In Horton v. Briley, [792 So. 2d 432 (Ala. Civ. App. 2001)], a student was injured when the bus she was riding on collided with another bus. The student sued the two bus drivAlabama School Boards • Fall 2012 7

Executive Director’s PERSPECTIVE

By Sally Howell

As a School Board Member, Who Do You Represent?

The collective interests and perspectives of board members is a hallmark of school board governance.

As a school board member, who do you represent?

Howell

It’s not a trick question.

Answers could range from students, the community, teachers (employees), parents, taxpayers, residents of “my district, “single interests,” i.e., folks who “think like I do,” the party.

Depending on the circumstances, all could be correct, but the best answer is the community. It is the best answer because it is the universe for all the others. While doing great things for children is the passion that drives most board members and a quality education for every student is the goal, representing the community is the reason school boards exist.

Operating in a framework set by the state, school boards are the community’s voice in the governance of the local school system. Teachers and other employees are critical in achieving our goal, but schools exist to educate students, not provide jobs. You can provide a fair wage and fair treatment, but your policies should put students front and center.

Parents are our partners in the goal of a first-rate education for all students, but they don’t always have an appreciation of sound educational research, competing system needs or even state law. Taxpayers who don’t have children in school also deserve a voice because they are footing most of the bill.

On average statewide, they represent more than two-thirds of voters. These opinions are important, but they can’t drown out facts in the decision-making

8 Alabama School Boards • Fall 2012

process. School board members have insight and information to draw upon when making decisions that parents and other citizens don’t have. In fact, exceptional school board members understand their role is also to advocate for the board and about issues facing the board.

Board members are charged with making decisions in the best interests of the entire system. You may be elected by districts, but you represent the system. Its needs supersede that of one student, one school or one board district unless there are extenuating circumstances. Even after 2½ decades of school board work, I still flinch when I hear a board member talk about “my schools,” “my students” or “my principals.”

All the schools, all the students and all the principals are yours.

Much like the decisions we make with our families when facing limited resources, we focus on the most pressing needs and opportunity for the greatest good, even when it favors one family member to the detriment of another.

Single interests encompass anything from race, gender and ethnic origin to athletics, the arts or special needs children.

Whatever special interest you identify with in your school board position – and just about everyone has one – it should remain a perspective you share at the table. The collective interests and perspectives of board members is a hallmark of school board governance. Perspective should enhance, not restrict.

As a racial minority at the board table, working to ensure the faculty

reflects the racial composition of the system is commendable but not to the extent of voting against or abstaining on all non-minority applicants. Similarly, disengaging from discussions or issues that don’t impact your interest – e.g., football – harms the system and disenfranchises those you were selected to represent. The best decisions are forged from an open, active exchange by all.

Partisan interests don’t have a place at the board table. Party affiliation is reflected in how you approach problems and the solutions you find acceptable. That is another perspective you bring, likely reflecting the community, but the first interest must be the best interests of the system. School board members and any corporate board members have two fiduciary responsibilities: the duty of care and the duty of loyalty. The duty of care is exhibited by acting in good faith and a reasonable belief that actions taken are in the board’s best interests.

The duty of loyalty also means to act in the best interests of the school system and avoid any conflict between duty and self-interest. Purely partisan interests are inconsistent with these duties. So, too, are politically motivated decisions. After the recent calendar debate, I heard a board member explain the local board couldn’t consider a 180-day calendar because parents wouldn’t like it and the board was up for election in a few years. While this would not breach the duty of loyalty in law, it does in spirit. Self-interest is not the most compelling reason for a decision, regardless of your position on the calendar debate.

Who do you represent? is a fundamental question because it drives how you make decisions.

Governing – done right – is hard work. The best decisions are not always the most popular decisions among groups or even the community as a whole. Your seat at the board table means the responsibility for making decisions about community schools has been delegated to you and your peers.

Responsibility for governing schools inherently means making responsible decisions – even when they may be at odds with community sentiments. Closing a school, expelling a star athlete, cutting staff, terminating a long-term employee, adopting an unpopular calendar, eliminating a program, raising fees and changing school zones, to name a few, generally are not decisions the community supports, employees want or students need. But sometimes, it is the job of school boards.

When you make the tough decisions, you won’t get many thanks. Your satisfaction will come from knowing you did what was right. n

Alabama School Boards • Fall 2012 9

who is who at the sde: Dr. Julie Hannah

By Lissa Astilla Tucker

When state Superintendent Dr. Tommy Bice took the reins at the Department of Education, his vision and strategic Plan 2020 quickly began to unveil. It entailed a reorganization of the department and a realignment of goals to have all components working toward the same end.

An important piece of the overall structure is a newly created Office of Student Learning. The director is Dr.

Hannah

Julie Hannah, a venerable pro when it comes to leading school communities in exciting research-based learning. Hannah most recently came from Jefferson County schools, where she served as the interim deputy superintendent for instructional services and director of professional learning. She has worked as a director of special projects at the Alabama Best Practices Center and education administrator for the Alabama Reading Initiative and as a principal coach at the state Department of Education. All of this after more than 15 years serving as a teacher and then principal in Alabama schools. Hannah earned her doctorate in educational leadership at Samford University.

About the Office of Student Learning

The Office of Student Learning was created to support systems and schools in improving learning for all students. Distinct sections within the state education department comprise OSL and work together to provide a seamless system of service for school systems. The department sections include: • AMSTI - Alabama Math, Science and Technology Initiative • ARI - Alabama Reading Initiative • Assessment • CTE - Career and Technical Education • Curriculum and Instruction

10 Alabama School Boards • Fall 2012

Q.

What is the main purpose of creating the Office of Student Learning?

A.

The Office of Student Learning exists to support school systems and schools in improving learning for all students. Each of the department sections in OSL has major responsibilities in providing guidance within their individual area of expertise. The new organization has fostered a more coordinated and aligned approach.

Q.

Will it significantly change the roles of the different sections of the department or impact the day-to-day work?

A.

Each section continues to have specific responsibilities. For example, the assessment section will continue to lead the development, implementation and training as new assessments are adopted. The greatest change has been a common vision and common effort in supporting schools and systems. We recognize that our school systems and schools need us to work together closely and streamline support and initiatives. We are going to offer regional planning and support in the 11 regional in-service areas.

The regional planning teams are comprised of representatives from the various SDE sections, Institutes of Higher Education, Regional In-service Centers, Office of School Readiness (pre-K) and the Alabama Association of Supervision and Curriculum Development. These teams will plan with local school systems within the region to provide differentiated support based on identified priorities. This is different from the way we have worked in the past. Previously, each section offered support and assistance

separate from each other. Now, there is a cross-sectional team that is providing support based on the needs of the school system.

hat difference will local Q. Wschool systems see in their interaction with the department, if any?

A.

School systems should see more of a partnership approach from SDE staff. We are committed to working with school systems to provide precise support in priority areas they identify. Typically, the SDE has been viewed as a monitoring agency that shows up with predetermined solutions. We believe that one size does not fit all, and so assistance and support to systems and schools must be customized and differentiated. We intend to work with school systems in a partnering relationship, to determine the precise support that will help them maximize learning for all students.

hat is the most exciting Q. Wpart of the changes you are seeing in the Office of Student Learning?

A.

There is truly a common focus and a plan that holds us all accountable for the work we do and the results it produces. The SDE staff is very positive, and there is so much energy and enthusiasm about Plan 2020 and our new way of working together across sections. There is a sense of optimism and hope for education. Last week, one of our school systems sent an email to Dr. Bice to tell him how they are already seeing a change in the way we are interacting with the systems and cited a specific situation. It is so exciting to see trusting relationships between the local school systems and state staff.

Q.

Plan 2020 talks about College and Career Readiness. How would you define that goal?

A.

Our graduates should be prepared to pursue whatever path they desire — whether it is a two-year or four-year college or directly

The school structure that served previous generations is not going to be able to meet the needs of the current and future generation of learners. into the workforce. One measurement we are going to use to monitor our progress is the number of students who are required to take remediation classes in college. We intend to reduce that dramatically. In addition, we intend to offer more career and technical education programs that end with a work credential to enable graduates to move into a job prepared.

e know the graduation Q. Wexam is a thing of the past.

What will be used in its place?

A.

The ACT is going to be one of our measures for determining college and career readiness. It makes sense that we look at the admission requirement that colleges and universities use and make that one of our targets. ACT will not be a requirement for a student to graduate but will be used as part of a school’s accountability. We are also phasing in end-of-course tests that will provide an ongoing measure of a student’s progress toward college and career readiness.

Q.

Tell us about the new assessment program the state is providing for all schools.

A.

Over a year ago, Dr. Bice assembled a group of practitioners to develop a plan for an assessment system that would benefit students.

He asked them to consider assessment as part of the instructional process rather than as part of the accountability system.

Assessment at its best provides teachers and students with information that can help move the student’s learning forward.

Our new assessment plan offers many opportunities for that.

We have a new electronic formative assessment system that is available for grades K-12. This system will help teachers

know where students are in their learning and provide guidance on how to fill in gaps and foster growth for all students. We will continue the ARMT+ for grades 3-8 in the 2012-2013 school year. End-of-course tests are being phased in for core classes in grades 9-12. Explore will be given in eight grade, and PLAN will be given in 10th grade. These assessments provide information to develop a four-year high school plan for individual students. The ACT will be given to all 11th-graders in the spring of 2014. In addition, WorkKeys will provide another measure for skills required to be successful in the workforce.

hat message would you Q. Wlike to give local school board members?

A.

Responding to the changing needs of our students has to be a priority. The school structure that served previous generations is not going to be able to meet the needs of the current and future generation of learners.

I hope that board members will encourage their schools to think creatively and innovatively.

hat can local school Q. Wboard members do to help further the goals of OSL to implement Plan 2020?

A.

Encourage your school systems to have clear goals and measurements that reflect Plan 2020.

Then, expect regular updates on the progress toward those goals. Any assistance you can give to help school systems maintain focus will help them to stay the course.

Q.

If you had a magic wand, what’s the first thing you would do for Alabama’s schools?

A.

Funny you should ask — I actually do have a wand! Now, if it were a magic wand, I would use it to ensure that every child and young person in our state has an opportunity to become whatever they want and that every school has all of the resources, support and flexibility to provide that opportunity. n Alabama School Boards • Fall 2012 11

CONGRATULATIONS 2011-2012 aasb president’s award WINNERS Fifty-three school boards from across the state received the seventh annual AASB President’s Award at the Alabama Association of School Boards district meetings Aug. 16-Sept. 13. The award is presented to school boards that have had at least 60 percent of their members attend three or more School Board Member Academy courses in the 2011-12 academy year. The academy year ended June 30.

Demopolis Board of Education

“This award inspires school boards to take seriously their roles as education leaders, community representatives and advocates of student achievement,” said AASB President Steve Foster. “AASB has always striven to provide school boards meaningful training and educational opportunities to strengthen their leadership and boardsmanship skills. To benefit from that training, boards must exhibit a level of commitment to learning all they can about education issues and effective governance.”

The 2011-2012 winners are:

Lowndes County Board of Education

District 1

District 4

District 7

Brewton

Auburn

Greene County

Clarke County

Bullock County

Hale County

Escambia County

Elmore County

Pickens County

Mobile County

Macon County

Sumter County

Monroe County

Montgomery County

Tuscaloosa

Saraland

Phenix City

Tuscaloosa County Winfield

Ozark Board of Education

District 2

District 5

Butler County

Bessemer

District 8

Demopolis

Birmingham

Athens

Lowndes County

Fairfield

Colbert County

Perry County

Hoover

Cullman City

Wilcox County

Midfield

Florence

Shelby County

Hartselle

District 3

Perry County Board of Education 12 Alabama School Boards • Fall 2012

Lauderdale County

Enterprise

District 6

Muscle Shoals

Eufaula

Calhoun County

Russellville

Geneva

Cherokee County

Henry County

Cleburne County

District 9

Ozark

Etowah County

Huntsville

Troy

Talladega

Jackson County

Talladega County

Madison

MARK YOUR CALENDAR

Make Your Plans Today!

SEPTEMBER

february

30- AASB Core Academy Conference Oct. 1 Leadership for Optimal Learning Environment

Renaissance Montgomery Hotel

4 District 7 Meeting 5 Legislature Convenes in Regular Session

NovEMBER

15

*6 Academy Hours

8 Webinar: Title IX: Separate Fact from Fiction

1.5 Academy Hours

DECEMBER

6 AASB Core Academy Conference

Orientation Courses

Wynfrey Hotel, Birmingham *6 Academy Hours

6-8

AASB Annual Convention

Wynfrey Hotel, Birmingham

2013 January

7 District 2 Meeting 8 District 1 Meeting 10 District 3 Meeting 14 District 8 Meeting 15 District 9 Meeting 17 District 6 Meeting 22 District 4 Meeting 27-29 NSBA Federal Relations Network Conference, Washington, DC 31 District 5 Meeting

MARCH

“Early Bird” Workshop

Wynfrey Hotel, Birmingham

15-16 AASB Core Academy Conference

Leadership for Financial Accountability

Wynfrey Hotel, Birmingham *6 Academy Hours

april

2

Orientation Courses

Montgomery *8 Academy Hours

13-15 NSBA Annual Conference and Exposition

San Diego, California *3 Academy Hours 18 Hot Topic Webinar

1.5 Academy Hours

MAY

20 Legislative Session Ends

Note: Every attempt will be made to follow this schedule. * Core credit awarded only once Alabama School Boards • Fall 2012 13

Leadership to Create the...

Optimal Plan to Attend the AASB School Board Member Learning Academy Conference Environment Sept. 30-Oct. 1, 2012 Renaissance Montgomery Hotel at the Convention Center SCHEDULE AT A GLANCE Sunday, Sept. 30, 2012 2:30 p.m.

Registration Opens

3:30 p.m. Leadership Skills & a Culture of Learning Jim Bearden 5 p.m. Closing the Gap Between What Sounds Good & What Gets Done Jim Bearden 6:15 p.m.

Dinner on Your Own

Monday, Oct. 1, 2012 7 a.m. Registration Opens/Breakfast Buffet

7 a.m.

Leader to Leader Breakfast

8 a.m.

I am Human Liberty Middle School (Madison)

9:05 a.m. How’s Climate Affecting Your Schools?

Dr. Tony Thacker 10:30 a.m. HELP: Tapping Community Resources for Suspensions Tuscaloosa City Schools 11:45 a.m. Executive Director’s Report

Sally Howell, J.D. Noon

Adjourn

12:30-4 p.m. Post Conference Workshop: Online Education & Virtual Learning

Attend and earn 6 hours and satisfy a core course requirement in the School Board Member Academy.

Register Today at AlabamaSchoolBoards.org 14 Alabama School Boards • Fall 2012

Leadership to Create the Optimal Learning Environment is a core course in the AASB School Board Member Academy that equips boards with tools and insights to assess and address cultural issues that may be interfering with learning and effective teaching.

Learn how to:  Create a culture of leadership & accountability  Ensure that what you say actually gets done  Start conversations in your schools about bullying  Serve students with discipline issues by tapping community resources

Summer Promotion Sign up for eBOARD this summer and get a complimentary subscription through the end of October 2012!

Contact Lori Sours for more details. lsours@eboardsolutions.com • www.eboardsolutions.com Thinking of going paperless for meetings, strategic plans, policies or leadership evaluations?

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Students First Act: One Year Later

by Skip Tucker

It is a little more than a year since passage and implementation of the Students First Act, legislation that has returned the termination of school personnel to a fair and reasonable process.

16 Alabama School Boards • Fall 2012

If the question is whether, a little more than a year later, the Students First Act is working, there are nine reasons to say yes.

“Appeals of education employee terminations dropped 94 percent with only

nine termination appeals for K-12 filed compared to 149 a year prior to the act,” said Sally Howell, executive director of the Alabama Association of School Boards.

“As far as I know, postsecondary schools have had no appeals filed since the act has been implemented.”

Put another way, education employees fired for just cause no longer have incentive to appeal as they did under the old laws that led to paychecks while a lengthy arbitration process took its course.

Unlike the fair dismissal and teacher tenure laws that the Students First Act of 2011 replaced, Howell says the new act “has proven to be fair, fast and no longer unnecessarily Howell drains dollars from already strapped school systems.”

doing your job, this act is not going to affect you. I think employees have realized there are still protections in place, but there is no longer this overwhelming bureaucracy that some people were able to manipulate to their own advantage,” Mackey said.

Students First Coalition Alabama Association of School Boards School Superintendents of Alabama Alabama Association of School Business Officials Alabama Department of Education Alabama Department of Postsecondary Education Business Council of Alabama A+ Education Partnership

Mackey and Howell are wrapping up their associations’ district meetings and said members are praising the legislation they said has made school personnel actions more reasonable. Mackey said Students First has a few blemishes, most of which Howell has said “will likely be clarified by court decisions and legal challenges.”

The Students First Act limits severance pay to 75 days of salary. Prior to the act, it took 245 days on average to dismiss a tenured teacher and get him off the payroll.

Students First also did away with the associated costs of arbiters and travel.

“Students First has come up in all our district meetings this fall, and superintendents for the most part have been very happy with it. The law has had such a huge impact on transfers, reassignments and even terminations. Superintendents know if they have their facts in order, the termination almost always won’t be appealed,” Mackey said.

J a y n e Harrell Williams, an attorney who works for AASB, said the Students First Act is working because school boards can better control personnel dollars. “It allows school boards and schools to do the things that need to be done,” she said. “We are about educating students. Now we can manage resources, human and financial, the way any good business does.”

Mackey recalled the Students First Coalition that pushed the law through a contentious 2011 legislative session.

AASB and SSA were obviously onboard, but so were the Alabama Association of School Business Officials, Alabama Department of Education, Alabama Department of Postsecondary Education, Business Council of Alabama and the A+ Education Partnership.

Dr. Eric Mackey, executive director of the School Superintendents of Alabama, estimates tens of thousands of dollars have been saved thus far by local boards.

He also said superintendents have not shared with him any complaints from employees.

The Alabama Education Association opposed Students First.

Williams

Mackey

“We did not want to negatively impact good teachers. But, just as we said all along, if you are a good teacher who is

“Even those blemishes don’t mar the beauty of the new act,” Mackey said.

“It was one of the best examples of how we all came together and worked together.

I don’t know any other issue that has been such a clear cut example of a common cause that we all knew was about a system in need of repair even though we all viewed how to repair it from different angles,” Mackey said.

AASB surveyed school board members, superintendents and board attorneys in June to gauge their experience with the 2011 act. Nearly all respondents, 96 percent, said the Students First Act is an improvement over the tenure and fair dismissal laws. And 80 percent say the act has improved school leaders’ ability to make personnel decisions, compared to only 2 percent who said it has not.

“Schools and schoolchildren have already benefited,” Howell said. “The excellent results, court savings, taxpayer savings and advantages to allow better managed school resources are apparent.

The true advantages for schools and students have only just begun.”

What Changed

In addition to repealing the Alabama Teacher Tenure and Fair Dismissal acts, Students First returned to the employing board of education authority to make personnel decisions.

Under the old laws, arbiters appointed by the Federal Mediation and Conciliation Service in Washington, D.C., could substitute their judgment for the employing board. The new act requires hearing officers to give deference to the board’s personnel decisions.

Students First didn’t just reduce the amount of time a terminated employee stays on payroll. The act changed the process altogether for terminations and transfers but maintains due process for those with tenure or who are no longer probationary employees. The law, for example, specifies grounds for recom(Continued on page 18) Alabama School Boards • Fall 2012 17

Students First Act

Continued from page 17

mending a tenured or nonprobationary classified employee be terminated, which include: a justifiable decrease in positions, incompetency, insubordination, neglect of duty, immorality, failure to satisfactorily perform duties or any other good and just cause. Among other considerations, transfers now take into account whether the employees are being moved outside their school, campus, facility or high school feeder pattern.

Actions that Students First proponents say didn’t belong in law, but instead should be up to the board, were removed.

Partial cancellations that cause a reduction in pay due to a change in the period or hours of work do not fall under the new Students First Act. RIFs, or an unavoidable reduction in the work force, are also exempt from Students First.

A certified employee whose certification is revoked by the state Department of Education is no longer eligible to work in a certified position. If criminal charges are pending, an employee no longer has the ability to stay, or delay, termination proceedings since the employee’s testimony in those proceedings are inadmissible in criminal court.

That’s where the law stands, but the journey to Students First is a deeper story.

Long Journey

As the 2011 Alabama Legislative Session was drawing to a close, a strong bill that would restructure the teacher termination process was gaining momentum. Called “Students First,” the bill would thwart the entrenched and ineffective termination process. AASB worked with others to build a coalition of virtually all education stakeholders, including the business community.

Reform of how personnel decisions were managed had been a fixture on the AASB advocacy agenda.

Prior to the 2004 tenure and fair dismissal laws, the Alabama State Tenure Commission heard teacher contract appeals and upheld 80 percent of school 18 Alabama School Boards • Fall 2012

WHAT WORKS Among the specific provisions in the Students First Act that respondents to an Alabama Association of School Boards survey highlighted as most effective were: • Authorizing a local board to impose a 20-day suspension without pay as a sanction • Eliminating the financial incentive to appeal • Freeing limited resources from a very costly appeals process • Allowing the timely reassignment and transfer of employees to best serve student needs • Providing a process that is quicker, easier and cheaper to remove ineffective teachers based on student needs • Streamlining the notification process • Removing Federal Mediation and Conciliation Service arbiters from the appeals process boards’ personnel decisions.

With the 2004 laws in place, school boards’ appealed personnel decisions were upheld less than 66 percent of the time, according to AASB’s database of 239 arbitration cases.

Established in 1959, the commission became defunct in 2004 when the Legislature adopted the arbitration process for teacher contract appeals.

The 2004 laws provided an incredible incentive to appeal firings.

In a March 31, 2011, editorial, the Mobile Press-Register pinpointed the problem. “It is prohibitively expensive to fire a teacher – even if that person is incompetent – because a school district must continue to pay the teacher during the appeal, while also hiring a substitute to take over his or her classes. ... Students are stuck with a poorly performing teacher or even a

dangerous one. So are their co-workers.”

Case in point, as the editorial noted, was the Phenix City teacher who had been arrested on meth charges. Pornographic pictures of her were found online.

Nevertheless, the teacher was put on paid leave while authorities conducted their investigation. The teacher told school officials she couldn’t afford to resign, though she knew she should. It took eight months to terminate her.

“Reforming that bad tenure law was always a goal,” Howell explained. “That law was supposed to make terminating an unacceptable teacher easier, faster and cheaper. You could never have a more dismal failure to achieve any of those objectives. In fact, the law made firing a bad teacher harder, slower and far more expensive.”

Williams, an attorney with the Montgomery firm Hill, Hill, Carter, Franco and Black, represents four school boards. Before passage of Students First, she wittnessed repeated abuses of the tenure and fair dismissal laws.

“That 2004 law was a disaster,” the veteran school board attorney said. “There was shameless abuse.” Time and again Williams saw unacceptable behavior from teachers who, contrary to the bulk of the profession, were ineffective or behaved badly because there were fewer or no consequences.

“I love good teachers,” she said. “I had good teachers, and I want my children to have good teachers. I’m after teachers who hurt children emotionally, physically, sexually and educationally. I want them out the door. Bad teachers not only hurt kids, they hurt good teachers.”

Williams said allowing a poor-performing teacher to stay that way for years damages morale.

“Think how a good teacher must feel when they see a bad teacher get away with being bad for 30 years,” Williams said.

“How would you feel if you did your job well everyday but the person across the hall didn’t and got away with it?”

The solution seemed clear. Get unacceptable teachers off the payroll.

85%

96

%

85%

96%

85

%

76%

76%

80

76

80%

%

%

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80%

19

%

SURVEY SAYS 80%

85%

80%

76%

AASB conducted a survey of local school board members, superintendents and board attorneys about the Students First Act of 2011.

The results clearly reflect the act has raised the sense of accountability for school leaders and granted them authority to improve student achievement.

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Drop shadow 35% .13 .13

 96% Students80% First Act is an improvement over repealed tenure and fair dismissal laws  85% Students First Act gives boards ability to manage personnel resources  76% Students First Act benefits students  80% Students First Act improved school leaders’ ability to make personnel decisions, with 2 percent responding it had not  19% Have not yet used the Students First Act “I’d say that 99 percent of teachers are out there daily doing their jobs the best they can,” Williams said. “But there are bad teachers, and we wanted them off the state payroll. There were horrible cases, and yet they could sit there, even in jail, drawing taxpayer money.”

The Alabama Education Association fought hard to keep the law that Williams and Howell said was severely flawed. “We used to have to fight just to try to tweak the law,” Howell said. “With the change in legislative climate, we had an opportunity to pass a new law that met the original promises.”

In 2010, the Alabama Senate had 14 freshmen, while the state House of Representatives had 34 seats turn over.

Republicans claimed both chambers and had an agenda that included reform of the teacher disciplinary process.

Howell said AASB and the coalition sensed and seized the opportunity to reform personnel laws. They began working on a bill Howell named the Students

First Act to emphasize the need to make students – as opposed to protecting adults’ jobs – the priority.

Legislative Allies

State Sen. Trip Pittman and Rep. Chad Fincher sponsored Senate Bill 310, which was signed into law May 26, 2011, as the Students First Act. Both received AASB’s Champion for Children Award for successfully ushering through the legislation.

Pittman said he has seen many battles but rarely one with the intensity, importance and far-reaching consequences as the one waged over SB310. Pittman credits House Speaker Mike Hubbard, Sen. Pro Tem Del Marsh and Sen. Dick Brewbaker for their stalwart work to pass the bill.

“All the forces were brought to bear,” Pittman said. “This began the first day of session and was battled every step until the last hour. Incredible energy was expended from all sides.”

Pittman said every sentence in SB310

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was scrutinized. “I wanted to ensure that the termination process would be streamlined and certainly retain due process and tenure,” he said.

AASB Lobbyist and Director of Governmental Relations Lissa Tucker recalled a conference with Pittman and others in which compromise after compromise was being sought and fought.

Finally, a crisis came. The crux of the bill was the role of the appeal process and whether the local school board’s decision carried any weight. Some of the bill’s supporters, under pressure from their hometown AEA forces, were ready to keep the local board’s decision meaningless.

“We were not at all confident of the bill’s passage,” Tucker said. “This was a long-time goal, the result of years of tenure reform bills where we tried to set things right. It became clear that we finally had to say, ‘no more.’ It’s not worth it if we can’t do it Pittman right.”

In the Senate on May 5, 2011, there were minutes to spare as the clock ticked to midnight with a filibuster threatening to kill Students Fincher First. At the last minute, the opposition was outmaneuvered, and the stalling tactics to kill Students First died instead. After negotiation and debate, the Tucker bill came out of (Continued on page 29) the Senate.

Alabama School Boards • Fall 2012 19

Q&A Replay

Soon after passage of the 2011 Students First Act, a clearinghouse was launched to compile answers to some of the frequently asked questions. The clearinghouse is still available online at AlabamaSchoolBoards.org. Here are a few examples of the questions and answers.

Q.

I s the “hearing” provided for in Section 6(i) of the Student First Act a full due process hearing before the board? Also, does “review requirements” mean an appeal to a hearing officer?

A.

The due process for suspensions of longer than 20 days are subject to the same provisions as terminations. That is, a full due process hearing before the board and appeal to a hearing officer.

Q.

Can a teacher voluntarily transfer?

A.

If you can get a teacher to agree to transfer in writing, that should be done and can be done at any time.

Q.

R egarding transfer notices, we have always given notice after the board has voted. Is it correct that we now have to give the tenured teacher notice before the board votes?

A.

Yes. Under the Teacher Tenure Act, the board approved the superintendent’s intention (not recommendation) to transfer before the teacher was notified. Then the teacher had the right to challenge that intention, and the board voted on the recommendation after a hearing. Under 20 Alabama School Boards • Fall 2012

the Students First Act, the “intention” notification is eliminated. The superintendent now issues notice of his recommendation. The teacher has the right to meet with the board, and then the board votes.

Q.

hat kind of documentation do W you need to terminate a tenured teacher? What’s the process?

A.

The kind of documentation you need is the same that you needed under the Teacher Tenure Act. It must be sufficient to justify the action to the board, the hearing officer and the appellate courts. The process is that the superintendent notifies the teacher of the reasons, the board holds a full hearing and votes and the teacher has the right to appeal to a hearing officer.

Q.

ay the superintendent attend M the board’s deliberation in closed session? I would think not, as it would be a due process problem if the superintendent (or the board attorney, if he/she has acted on the superintendent’s behalf) attended the closed deliberations and/or participated in the deliberations.

A.

No, the superintendent may not be present during the deliberation of the action before the board.

Q.

hat kind of hearing is held before W the hearing officer on termination appeals? Is it de novo or just a hearing on the record?

A.

The Students First Act does not specify the type of hearing to be held. However, inasmuch as the hearing officer receives the record and only has the authority to uphold or reverse the board’s decision, it is reasonable to anticipate a limited hearing rather than a de novo style hearing.

Q.

A person has a teaching certificate but was not in the classroom long enough to earn tenure. The person was promoted to a central office position that doesn’t require a certificate. After three years in the school system, is that person tenured, and if so, is it as a teacher or classified employee?

A.

First, if the person did not teach for three years, he did not earn tenure as a teacher under the old Teacher Tenure Act. However, your question does not state if the three years in central office was completed before the effective date of the Students First Act or has yet to be completed. If the person served in the central office position for three years prior to July 1, 2011,

when the act became effective, he likely gained tenure as a teacher after the last day of the 2010-2011 school year unless nonrenewed. [See Ex parte Oden, 495 So.2d 664 (Ala. 1986)(in determining status, look to the individual’s characteristics, rather than requirements of the position)]. Tenure gained under the Teacher Tenure Act is recognized by the Students First Act. See Section 16(b)(1).

However, if the employee has not yet completed three years in the central office position, the time served in that position would be credited toward his attainment of nonprobationary status as a classified employee since the position does not require a certificate and does not meet the definition of “teacher.” See Section 3(2) and Section 16(b)(1). He will gain nonprobationary status after his third complete school year in the central office position unless nonrenewed no later than June 15 (or June 30) of the third year.

Q.

Under Section 6, if there are reductions in a specific school due to a drop in school enrollment, does the school system have to transfer the tenured teacher to another position elsewhere if no other non-tenured position exists?

Is it based on last hire or the school system’s RIF policy?

A.

No and neither. Your question does not necessarily suggest a reduction in force has been declared.

The RIF policy does not come into play unless a reduction in force is declared. Therefore, the transfer would be made pursuant to the statute which only requires the school system to show that the transfer is needed. The statute does not require boards to give priority to tenured teachers over nontenured teachers when making transfer decisions. With that said, keep in mind that transferring the non-tenured

teacher would be easier to accomplish under the statute with a simple recommendation and board approval.

Q.

I f an employee (hired after Oct. 1) had partial years, prior to the Students First Act of 2011, do these count toward tenure or nonprobationary status for the 20112012 school year?

A.

Section 16(b)(1) states as follows:

“Employees who have not attained tenured status under the Teacher Tenure Law or nonprobationary status under the Fair Dismissal Act as of the effective date of this act shall be subject to the terms and provisions of this act respecting the attainment of teacher tenure or nonprobationary status, and all time in service that would have been credited toward the attainment of either tenure under the Teacher Tenure Law or nonprobationary status under the Fair Dismissal Act shall be credited toward the attainment of tenure or nonprobationary status in the corresponding employment category under this act.”

While the partial years would have counted toward the attainment of protected status under the Fair Dismissal Act, because the employee has not gained tenure, he is subject to the provisions of the Students First Act. Therefore, the partial years do not count, but all other years worked do.

The employee hired January 2009, nonrenewed the last day of the 20102011 school year and rehired on or before Oct. 1, 2011, would receive credit only for the complete school years worked as that term is defined by the Students First Act (2009-2010 and 2010-2011). Therefore, he would attain nonprobationary status at the end of the 2011-2012 school year.

The same employee would not attain nonprobationary status if rehired after Oct. 1, 2011, as he would not have worked a complete school year.

The employee hired January 2010, nonrenewed the last day of the 20102011 school year and rehired on or before Oct. 1, 2011, would receive credit only for the complete school year worked as that term is defined by the Students First Act (2010-2011).

Therefore, he would attain nonprobationary status at the end of the 20122013 school year. However, the same employee would not attain nonprobationary status at the end of the 20122013 school year if rehired after Oct. 1, 2011, as he would not have worked a complete school year.

Remember that protected status is only gained for complete, consecutive school years worked.

Q.

R egarding the termination of tenured teachers, one of the categories is called “justifiable decrease in positions.” Is it considered justifiable if a principal elected to eliminate an elective position and replace it with a core position?

A.

Possibly. What is considered a “justifiable decrease in positions” is a question of fact and law to be determined by the board, hearing officer and courts. However, if the question is whether a tenured teacher can be terminated on this basis, the answer is yes. n

To purchase a copy of Guidelines for Implementing the Students First Act, part of the AASB Boardmanship Series, call 800/562-0601 or email info@AlabamaSchoolBoards.org.

Alabama School Boards • Fall 2012 21

21st Century Solutions for Age-old Challenges: College- and Career-Ready Standards for Math Launch This Fall

A

By Skip Tucker

labama schools welcomed students this fall, ready to take on the new College- and Career-Ready Standards goal for mathematics as outlined in the state Board of Education’s eight-year strategic plan.

Plan 2020 is the state’s game plan for producing graduates prepared for higher education and careers. The math standards are being implemented first, and the English language arts standards will be implemented in the fall of 2013.

The standards were developed in early 2009 as part of an effort led by the National Governor’s Association and Council of Chief State School Officers. The result is a common set of standards for English language arts and mathematics that 42 states have adopted.

State Superintendent of Education Dr. Tommy Bice, in his position since Jan. 1, went to work right out of the chute to incorporate the standards in his strategic plan for education at a state board meeting in February. He described Plan 2020 as a tipping point where Alabama will not only mine rich data to identify education challenges but will also celebrate what the state does well in education and own the areas where it falls short.

Plan 2020’s vision is “every child a graduate, every graduate prepared for college/work/adulthood in the 21st century.”

Measure of Success

Plan 2020 uses a dynamic approach for measuring academic growth, success and accountability for students and schools. It operates on the unassailable principle that the quicker and better information is gathered and evaluated about how students are impacted by the daily education process, the better the process can be tailored and administered. Hence, a more effective process is created.

“The standards give us an opportunity to build a trajectory for students from kindergarten to 12th grade in math and English language arts,” Bice said. “We can determine along the continuum where students should be if they are going to graduate collegeand career-ready.”

The plan also stretches beyond state Bice assessment data used for accountability under the federal No Child Left Behind Act – the 2001 incarnation of the Elementary and Secondary Education Act of 1965 that is long overdue for reauthorization. Plan 2020 enlists students, education professionals, student support systems, schools and school systems to collaboratively make progress toward four primary objectives: 1. Continuous student achievement and growth; 2. Increased student success that closes the achievement gap; 3. Increased graduation rate (boost to 85 percent by 2020); and 4. More graduates ready for college and careers (40 percent of 2020 graduates measuring as “ready” on the High School Graduate College and Career Readiness Index).

Shot in the Dark

Plan 2020, Bice’s brainchild, was birthed in the wake of the too-ambitious federal initiative state education officials called a

groping “shot in the dark” to set accountability standards. If all goes well according to Bice’s vision, the last vestiges of No Child Left Behind’s imperfect Adequate Yearly Progress reports will be weeded out this year.

However, “Plan 2020 is not a natural progression from No Child Left Behind and AYP,” Parris said. “It is an entirely different vision that focuses on preparing students to be productive citizens in our country and our world.”

Recently released accountability results show 75 percent of Alabama’s 1,370 schools passed the AYP muster, meeting 100 percent of proficiency goals in reading and mathematics. Just under 2 percent of Alabama’s schools failed to make 60 percent of proficiency goals. The number of schools identified as “in need of improvement” increased from 227 in 2011 to 248 in 2012.

Further breakdown of the data shows that statewide 21 school systems failed to make AYP in reading while five systems failed to make AYP in reading and mathematics combined.

Under the plan, high school students will take various versions of the ACT college entrance exam designed to help them figure out career interests, and the graduation exam will be replaced by end-of-quarter course exams as well as periodic formative assessments.

In June, the U.S. Department of Education granted the state permission to use last year’s annual measurable objectives, or AMOs, for 2012-2013. AMOs are state-set progress goals meant to move states closer each year to the 2014 goal of having every child in the nation scoring at grade level in reading and mathematics. That freeze allows Alabama to stay on task without the threat of federal sanctions.

The state is now seeking its waiver from certain Elementary and Secondary Education Act requirements to use Alabama’s accountability system in alignment with Plan 2020. Some 33 states have already received waivers, and state officials hope Alabama’s waiver will be approved by December. If that happens, Plan 2020 would replace the federal No Child Left Behind AYP structure.

The effort and momentum is receiving high marks from the K-12 community.

Vision for Education

Plan 2020 is as visionary as it sounds. It is tailor-made for Alabama, a homegrown plan spun from the talent and resources of the state Department of Education that uses multiple measures, including the latest online technology, to give immediate feedback regarding a student’s or a school’s mastery of the learning curve.

“This gives school leaders the opportunity to measure where growth is made and not made,” said Sherrill Parris, the deputy superintendent who leads the state education department’s teaching and learning division. “It will identify professional development needs of teachers to improve teaching of specific standards. Simply put, more, better and faster information Parris obtained means better preparations can be made and more learning can occur. It is a tool administrative personnel and school board policymakers can use to ensure all resources are put to the best use.”

The state’s plan for accountability still takes into account the progress of students in demographic subgroups looking at data by race, family income and special education status.

School ratings will be based on test scores as well as whether they are preparing students for the immediate workforce, tech school, or two- or four-year college as indicated by a variety of metrics.

School officials say too many students enter college and have to take remedial courses and too many citizens enter the workforce with no real understanding of what is going to be expected of them.

For instance, students will no longer be asked simply to calculate the area of a rectangle. They will be asked instead to determine how many square feet are in a rectangular room. They then will have the price per square foot of carpet or tile and have to calculate how much it would cost to cover the floor with either product.

Phillip Cleveland works in the state education department as the director of career and technical education and workforce development. He said this new approach makes “learning come to life. If rigor is there, students will retain. Students must come to understand the use of what teachers are teaching.”

Parris said the idea is to augment student proficiency in a subject with the student’s practical use and application of the knowledge.

“This is a new tool to know week-to-week which students have mastered standards and which need reteaching or extra attention,” Parris said. “We have ready-made standards to assess students, to know which students can safely move ahead and which need more attention.”

To avoid a need for remedial coursework in college or very basic on-the-job training, students need to be prepared to think, Parris said, and not just memorize. n Skip Tucker is a free-lance writer, former newspaper editor and author of Pale Blue Light, a novel of historical fiction set in the Civil War. AASB staff contributed to the report.

Alabama School Boards • Fall 2012 23

Ten Good Things About Public Education The naysayers are wrong – public schools are not failing.

Here’s a list of the many things we are doing right.

By Patte Barth

P

olicymakers and pundits have decried “our failing schools” so often it’s become an accepted truth.

But the naysayers are wrong. To be sure, our schools need to do better. But we have much to be proud of, too, and it’s on this foundation that we can build a 21st century system that will work for all kids.

It’s time we recognize our accomplishments and give our public schools a collective pat on the back. Here is my personal top 10 list of things we’re doing right and where we should go next.

10.

A tradition of universal education.

Beginning in 1642 when Massachusetts enacted the country’s first education law requiring parents to “make certain” their children could read and “understand the laws of the Commonwealth,” Americans have placed a high premium on producing an educated populace. As Thomas Jefferson wrote, “Whenever the people are well-informed, they can be trusted with their own government.” Indeed, the history of American education is one of expanding educational opportunity. From the push for compulsory schooling in the last half of the 19th century through Brown v. Board of Education in the mid-20th, it’s a story that continues to this day.

What’s next? The Common Core State Standards [called College- and CareerReady Standards in Alabama] define expectations for all students that will prepare them for their next steps, whether they lead to a four-year college, two-year credentials or training for 21st century jobs. At this writing, 46 states and the District of Columbia have adopted the Common Core. Schools will have to perform the heavy lifting to make sure stu24 Alabama School Boards • Fall 2012

dents meet these new, higher standards and will need the resources and support to do so. [See related article, page 22.]

9. Beginning reading

Over the last decade, America’s fourthgraders have improved their reading skills by six points on the National Assessment of Educational Progress. If that doesn’t sound like much, consider that 10 points on the NAEP scale is approximately one year’s worth of learning. More significantly, the gains have largely been from the bottom up, and the achievement gap is narrowing between children of color and their white classmates. As a bonus, American fourth-graders rank among the top-scoring nations in reading literature.

What’s next? Middle- and high-schoolers aren’t making the same gains. We need to do more than just teach kids how to read, but also focus on developing critical readers especially of informational texts.

[See a report on Alabama’s NAEP gains and high-quality, state-funded pre-K program online at http://publications.sreb.org/2012/ AL_progress_report.pdf.]

8. Civics

On the 1999 international assessment in civics, U.S. ninth-graders were No. 1 in civics skills. By a lot. But what about now?

There hasn’t been an international look at this topic since then, but NAEP offers a clue. Over the last decade, American fourth-graders have improved their civics performance by seven points. Hispanic students improved the most – a whopping 17 points.

What’s next? As with reading, middle and high school students are not show-

ing the same progress as their younger siblings. This deserves our special attention considering that high school seniors are able to cast their first votes or will be voting soon.

7.

English language learners

An original study for NSBA’s Center for Public Education compared the reading achievement and characteristics of limited-English-speaking students in the United States to other industrial nations with high proportions of immigrant children (“PIRLS of Wisdom,” 2009).

While English language learner students in American public schools tend to come from poorer families compared to other countries, their schools nonetheless provide resources not available to their international counterparts and their performance is as good or better as a result.

The big advantage? The United States has more teachers trained to teach ELL students.

What’s next? The number of ELL teachers, though larger than other countries, is still too small to meet the need.

Another big issue: Evidence-based instruction for ELL students too often takes a back seat to politics. Yet the research is clear in this regard: Dual immersion programs produce the best long-range results for ELL students followed by language support in elementary school. Despite its appeal to some, English-only submersion has been proven to have the least effect (2007).

and IDEA: 6. ESEA Monumental laws

In 1965, the country passed the first Elementary and Secondary Education Act

as part of President Johnson’s war on poverty. Its intent was to provide poor children equal access to a solid public education. As such, ESEA did nothing less than establish education as a civil right, and every president since has supported the provision of Title 1 funds to schools serving poor children. These goals were further extended to children with disabilities in 1975’s Education for All Handicapped Children Act, now the Individuals with Disabilities Education Act, which guarantees a “free and appropriate” education to all special needs children.

What’s next? Under President George W. Bush, ESEA became the No Child Left Behind Act. It added a sharp focus – and school accountability – on narrowing achievement gaps between groups of students based on race, ethnicity, family income and special needs. While the idea of accountability will no doubt continue, both NCLB proponents and critics recognize that adjustments need to be made.

Yet at this writing, ESEA is six years overdue for reauthorization and a necessary second look. IDEA has unfinished business, too. At its passage, Congress established an intent to fund 40 percent of the per-pupil expenditure, yet over 37 years the federal contribution has never exceeded half that amount.

5.

High-level high school courses

One of public education’s biggest successes is the increase in high school

academic rigor. In 1990, less than a third of high school seniors (31 percent) had a core curriculum that included math at least through Algebra II and three lab sciences. By 2009, that number was 59 percent. Moreover, the course-taking gap between white and black students has disappeared.

What’s next? The Office of Civil Rights recently reported that there are still 3,000 high schools in the country lacking the capacity to offer Algebra II, meaning their graduates will not be college-ready or qualified to enter training programs for many 21st century jobs. Making sure all students have access to high-level courses and support to succeed must be among our highest public priorities.

4.

High-quality, pre-kindergarten

No educational investment pays off more than making sure children are ready for school when they enter the kindergarten door. Recognizing the potential return on investment, states have been expanding access to and increasing the quality of pre-K programs. Over the last decade, the number of 4-year-olds enrolled in statesupported programs has doubled to the current 27 percent. When including Head Start, we now have 39 percent of 4-yearolds in publicly funded programs. And it’s not just access that’s improving. States have been more active at ensuring the programs attend to children’s educational preparation as well as their social and emotional development. In Alabama, though only 6 percent of 4-year-olds are enrolled in pre-K, the state-funded pre-K program is recognized by the National Institute for Early Education Research as one of the best in the nation. The Alabama pre-K program has met all national standards for quality. In its 2012-13 budget, Alabama funded pre-K at $19 million, and a movement has begun to expand over 10 years the number of 4-yearolds who can benefit from the state’s voluntary pre-K program.

What’s next? Despite the recession, states have attempted to preserve their pre-K fund-

ing but last year witnessed the first decline in state funding for pre-K since 2002.

These are painful setbacks, as the nation still has a long way to go to ensure universal access for families who wish to participate in pre-K.

3.

High school graduation rates

Researchers have uncovered student characteristics – such as poor attendance, failing grades and disciplinary actions – that are highly predictive of students who may be in danger of dropping out.

In response, states and school systems have implemented data systems to flag these “early warning signs” and provide effective interventions, often in collaboration with community-based organizations.

The result is that graduation rates are beginning to improve. Since 2002, the on-time graduation rates have increased from 72.6 to the current 75.5 percent.

According to an analysis by Center for Public Education’s Jim Hull, including late graduates in the calculation would raise that rate by another 5 to 8 percentage points. Alabama’s on-time graduation rate is 72 percent, but the state recently launched an eight-year strategic plan that targets a goal of 85 percent.

What’s next? Even an 80 to 83 percent graduation rate leaves too many young people out of jobs paying a decent wage.

President Barack Obama has set a goal for the nation to reach a 90 percent high school graduation rate by 2020. Reaching this mark will require the combined efforts of schools and their communities to keep kids in school and on track to graduate.

2. Mathematics

Yes, really! We may not be No. 1 in mathematics internationally, but math progress is still the great untold story in American education. Since 1990, American fourth-graders have gained a phenomenal 28 points on NAEP math.

Eighth-graders weren’t far behind, posting a 21-point boost over the same period.

And progress was evident in every student group. Still not convinced? Scores on the mathematics portion of the SAT are (Continued on page 28) Alabama School Boards • Fall 2012 25

UNDERSTANDING THE MILLENNIAL GENERATION IN THE WORKPLACE By: Dr. Pattie Neill and Dr. Jodi Newton

G

enerational differences influence thinking about family life, careers, balance of work and family, gender roles, organizations, politics, culture, lifestyle and communication. As numbers of teachers and administrators from the “Silent” and “Baby Boomer” generations retire in record numbers, dramatic shifts will take place in the workplace and schools as members of the “Millennial” generation reshape and reform educational workplaces.

As of 2003, when the Millennial generation graduated from college, four generations of teachers and leaders began their co-existence in our schools. According to David Stillman of Bridge-Works, this is the first time in history we have experienced four GENERATION NAME BORN WHEN?* HOW MANY? AGE IN 2012 generations in the workplace. They are labeled as Traditionalists or Silents 1925 - 1945 44 million 67-87 Traditionalists or Silents, Baby Boomers, GenXers, Baby Boomers or Boomers 1946 - 1964 80 million 48-66 and Millenials with stagGeneration X or Gen X 1965 - 1980 46 million 32 -47 gering census numbers in the Boomer and Millenial Millennials or Generation Y 1981 - 2006 76 million 31 or less generations that give pause to the future of school *Dates may vary slightly between studies leadership.

When one generation is larger in number, the work environment is greatly influenced and perhaps controlled by that generation. The culture of the organization is often most influenced by the number of people who share the same set of norms. For example, Millennials are digital natives and expect the use of technology in communication more than any other generation. Therefore, complaints may arise from younger employees regarding faculty meetings after school because they would prefer that the information be shared electronically instead of face-to-face.

Over the next decade the largest group of retirees will be Baby Boomers, and Millennials will take their place because there are not enough Gen Xers to fill those jobs as teachers and administrators. Why does this matter? It matters because the Millennial generation is as culturally different as the Boomers were in the 1960s, and those differ26 Alabama School Boards • Fall 2012

HOW BABY BOOMERS PERFORM ON THE JOB

HOW MILLENINALS PERFORM ON THE JOB

• Work long hours

• Resent extra duties or expectations for long hours

• Know how to improvise and work alone

• Expect and demand teamwork

• Believe that hard work pays off

• Friends and lifestyle come before work

• First generation to bend rules (anti administration)

• Respectful of authority, but unafraid to approach

• Like organizational freedom and

boss as an equal

• Think little of staff and line command, will go to

adhere to the chain of command

the fastest answer, rather than proper channels

• Put emphasis on completing the “to do” list

• Exceptional at multitasking

• Expect fairness for all

• Expect praise

• Value face-to-face communication

• Like to receive information electronically

• May remain in job because of loyalty to organization

• If they don’t like it, they will leave.

Expected to change jobs 13-18 times in their career

• Dress professionally

• Dress comfortably

• Draw clear lines between students and teachers

• Students are their friends in school and online

• Tend to avoid technology

• Thrive on the use of technology

• Live to work

• Work to live

ences will create a shift in the landscape of schools as it relates to communication styles, dress codes, school atmosphere and work ethic.

According to the Bureau of Labor Statistics, there were 3,476,200 teachers in the United States in 2008. By 2018, with Baby Boomers retiring and student populations slightly increasing, 468,600 more teachers will be needed. That is a 13 percent increase over 10 years. During the next few years by sheer numbers of vacancies, it is very likely that Millennials will be hired in leadership roles at a younger age than other generations. This means that Millennials will be supervising people in older generations. As employees tend to work past the traditional retirement age, all generations will be forced to co-exist amicably in the workplace. In some situations, the old will be supervised by the young. This will take large amounts of finesse on the part of all generations and a need for awareness training in how to understand the expectations of the other.

Some of the differences are generalized in the comparison above. These traits will not accurately describe every person in each generation, but it generalizes what sociologists have found to be true for each generation.

Generational differences can cause conflict in the workplace, including school systems. So what’s a school board to do in order to deal effectively with the Millennial generation as they enter the workforce?

Here are the top five considerations: 1. Raise awareness of generational differences among school leaders, teacher leaders and school board members.

2. Encourage acceptance and respect for different views, and show confidence in the abilities of the Millennial generation.

3. Understand that Millennials are brilliant change agents who are risk takers; give them a chance.

4. Blend generations on each school team or in each department to ensure that every voice is heard.

5. Renew and adapt teacher mentoring programs to meet the needs of the Millennial generation. n

TUSCALOOSA BIRMINGHAM

DEMOPOLIS

WWW.ELLISARCHITECTS.COM Alabama School Boards • Fall 2012 27

AT THE TABLE

Public Education: Patte Barth Continued from page 25

significantly higher than in 1972 while the number of test-takers has more than doubled so that the scores no longer represent the academic elite alone.

Donald Nichols School Board Perry County School Board Hometown Marion How long have you been a board member?

Eight years. This is my second term.

Books at Bedside The Power of Positive Thinking by Dr. Norman Vincent Peale Inspiration My grandkids. I have three. And since I’ve always kind of been in the public eye, I am inspired because I enjoy serving the people.

Motto as a Board Member Try to make a difference in every child’s life.

Walter Mitty Fantasy To make sure all my kids and grandkids are successful in life.

Greatest Accomplishment as a Board Member Being able to serve as AASB District 2 director.

Pet Peeve as a Board Member I don’t get mad about anything, but I do try to make sure that the board hires for the right reasons and candidates have an equal chance, no matter who it is.

Reason I Like Being an AASB Member We’re a school board in a poor county of the Black Belt.

AASB emphasizes to all school boards that no matter where you’re from or what size your board is or how rich or poor your community is, your school board can make a difference if you work at it and try.

My Epitaph Here’s a man that made a difference in the Perry County School System. n 28 Alabama School Boards • Fall 2012

What’s next? Education technology may be the engine that propels the math achievement of all students and can be especially helpful in remote or hard-to-staff schools. Innovators like Sal Khan are developing new ways to make even the most sophisticated concepts understandable to students using online platforms.

Moreover, access is not determined by geography.

And my No. 1 good thing about public education is …

1.

ommunity support: To know public C schools is to love them

Approximately nine out of 10 school-aged children attend public schools in this country – a figure that has remained fairly stable for 40 years. Communities maintain their support of their local schools even though their opinion of public education in general declines. In 2011, only 17 percent of Americans told Gallup pollsters that they would grade American public education as an A or B. In contrast, 51 percent would give an A or B to their local schools. Parents were the most satisfied, 79 percent of whom gave their child’s public school these high grades. When asked to explain the discrepancy, respondents cited familiarity and local pride. And communities are willing to put their money where their mouth is. A recent Texas study documented a 78 percent approval rating for school bonds in the state.

What’s next? Public schools have their work cut out for them, especially as they tackle the job of preparing all of their students for success after high school in this increasingly complex 21st century world. Policymakers at the federal, state and local levels all have a role to play. But the supportive involvement of the community – from one school system to the next – is our strongest guarantee that the challenge will be met. n Reprinted with Permission from the Alabama School Boards Journal. Patte Barth (pbarth@nsba.org) is the director of NSBA’s Center for Public Education. AASB added Alabama data to this article.

Students First Act

As the clock wound down in the House, the opposing forces closed on each other with the intensity of the Super Bowl.

Finish Line

“When the opposition failed to get any of their key amendments in the House, we knew we had it, and so did they,” Tucker said. “They deflated. They told their representatives to stop delaying tactics and go ahead and vote.”

The opposition used robo-calls and computer generated simulcasts to convince teachers and elected representatives that Students First was an attempt to do away with teacher tenure across the board. Tenure remains protected by law.

The coalition of support behind Students First had done it. “I thought, ‘Oh, my gosh, we’re going to get it done,’” Tucker said.

“When the bill came out of the Senate, when the train left the station, the opposition tried to board it,” Fincher said. “We had to repel boarders. We went on the defensive.

Tucker admits last-minute negotiations and wrangling with amendments didn’t leave the law with the “prettiest language and loveliest of words, but it is a strong, fair law. It is an enormously improved process, and it is working.”

Continued from page 19

Fincher worked closely with House leadership to carry Students First to the finish line.

“They said they wanted to amend the bill to ‘make it better,’” he said. “What they wanted was to amend it to death.”

It was a tactic Students First proponents had seen before.

“We spent more than four hours in hot debate over amendments. Many teachers had been misinformed about the intent of the legislation,” Fincher said. “We had agreed to some worthy compromises but no amendments. That would’ve opened a fatal door.”

And they did. The Students First Act passed the House on May 25, 2011, and was signed into law the next day.

It’s working extremely well with few problems, Pittman said.

“There is always some uncertainty with important legislation like this,” he said, “but it has proven to be a great thing for accountability and quality of education in this state.” n Skip Tucker is a free-lance writer, former newspaper editor and author of Pale Blue Light, a novel of historical fiction set in the Civil War. AASB contributed to this article.

Alabama School Boards • Fall 2012 29

ALABAMA COLLEGE- AND CAREER-READY STANDARDS: MATH IMPLEMENTATION BEGINS FALL 2012, ENGLISH LANGUAGE ARTS BEGINS FALL 2013

WHAT IS THE SOURCE OF THESE STANDARDS? These standards were developed in early 2009 at the direction of the National Governors Association (NGA) and the Council of Chief State School Officers (CCSSO)—not by the federal government.

ALABAMA COLLEGE- AND CAREER-READY STANDARDS: INSTRUCTIONAL IMPLICATIONS

BACKGROUND

• Students – a K-12 articulated learning trajectory based on college and career readiness.

In 2010 Alabama joined 42 states, including eight other southern states, in adopting a common set of high-quality and well-developed standards for English language arts and mathematics.

• Parents – assurance that if the K-12 learning trajectory is successfully implemented and followed, their child will be prepared for success in college and their chosen career.

HOW WILL THESE STANDARDS IMPROVE EDUCATION IN ALABAMA?

• Teachers/Administrators – a clear, explicit, and rigorous guide on how to move a student along his/her learning trajectory with alerts when that student falls above or below the trajectory supported by a resource repository of best practice populated by collaborating states and our national and international education partners.

• The standards provide a clear understanding of what students are expected to learn.

• Higher Education – an opportunity to develop a more clearly articulated relationship with K-12 in the preparation of future teachers and administrators and continued learning opportunities for current teachers and administrators.

• Business & Industry – assurance that a graduate from an Alabama high school is prepared for college and career opportunities without the need for remedial education or training.

The standards give us an opportunity to build a trajectory for students from kindergarten to twelfth grade in math and English language arts. We can determine along the 13-year continuum where students should be if they are going to graduate college- and career-ready.

– Thomas R. Bice, Alabama State Superintendent of Education

• The standards enable students, parents, teachers, and stakeholders to work together to ensure all students graduate college- and career-ready.

• Alabama’s students can compete successfully in the global economy because these standards outline succinctly the skills and knowledge needed for today’s jobs.

• The standards were developed by practicing educators and educational entities – incorporating the best and highest quality of existing state, national, and international standards.

• By providing innovative professional development for Alabama’s teachers and acquiring teaching and learning resources aligned with the new standards for English language arts and mathematics, Alabama will be poised to offer world-class education for all students.

ALABAMA DEPARTMENT OF EDUCATION, THOMAS R. BICE, STATE SUPERINTENDENT OF EDUCATION JULY 2012

No person shall be denied employment, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any program or activity on the basis of disability, gender, race, religion, national origin, color, age or genetics. Ref: Sec. 1983, Civil Rights Act, 42 U.S.C.; Title VI and VII, Civil Rights Act of 1964; Rehabilitation Act of 1973, Sec. 504; Age Discrimination in Employment Act; The Americans with Disabilities Act of 1990 and The Americans with Disabilities Act Amendments Act of 2008; Equal Pay Act of 1963; Title IX of the Education Amendment of 1972; Title II of the Genetic Information Nondiscrimination Act of 2008: Title IX Coordinator, P.O. Box 302101, Montgomery, Alabama 36130-2101 or call (334) 242-8165.

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