2011 Fall Alabama School Boards Magazine

Inside

FALL 2011 Vol. 32, No. 3

www.AlabamaSchoolBoards.org

16

SCHOOLS WAIT FOR IMMIGRATION LAW OUTCOME Alabama’s new immigration law in limbo.

8 AASB PROVIDES RESOURCES TO ASSIST WITH STUDENTS FIRST ACT IMPLEMENTATION AASB has already mailed a CD to superintendents with Students First guidelines and sample materials. In addition, members continue to use the Students First Question Clearinghouse at www.Alabama SchoolBoards.org/clearinghouse.html.

10 CONGRATULATIONS! 2011 AWARD WINNERS Awards include Champions for Children, AASB Legislative Award, the President’s Award and resolutions to the Students First Task Force and Strides for Schools campaign.

FEATURES 6 LAW PROVIDES BOARDS WITH MORE FLEXIBLE BORROWING AUTHORITY A new law passed by the Legislature in its last session provides a new framework under which boards may borrow through sale of their warrants.

12 FACE TO FACE: REP. MIKE HUBBARD House Speaker Hubbard tells Executive Director Sally Howell his plans for 2012.

24 LEADING IN TURBULENT TIMES: AN INSIDER’S VIEW OF HIGH SUPERINTENDENT TURNOVER Nearly 70 percent of Alabama’s school superintendents have been on the job less than seven years.

26 LET YOUR LIGHT SHINE 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 J. Durham Design, L.L.C., Montgomery, 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.

Eight key steps to help school boards refocus their energy on the work that really matters.

28 LIVE BY THE PRESS, DIE BY THE PRESS Don’t depend on the news media to deliver your message the way you want it delivered.

29 SAVE ENERGY, SAVE MONEY ARTAG helps with loans and information.

IN EVERY ISSUE 4 TRENDS, RESEARCH & DATES 11 CALENDAR 11 HELP 30 AT THE TABLE

20

ALABAMA IMMIGRATION LAW NOW TIED UP IN COURT What would the obligations of public schools be should the law clear legal hurdles?

Could schools lose federal funds?

OFFICERS

BOARD OF DIRECTORS

PRESIDENT Florence Bellamy Phenix City

DISTRICT 1 Stephanie Walker Brewton

PRESIDENT-ELECT Steve Foster Lowndes County

DISTRICT 2 Bill Minor Dallas County

VICE PRESIDENT Katy Smith Campbell Macon County

DISTRICT 3 Roxie Kitchens Troy

STAFF EXECUTIVE DIRECTOR Sally Brewer Howell, J.D. CHIEF OPERATING OFFICER Ken Roberts, C.P.A. DIRECTOR OF PUBLIC RELATIONS Denise L. Berkhalter DIRECTOR OF GOVERNMENTAL RELATIONS Lissa Astilla Tucker DIRECTOR OF BOARD DEVELOPMENT Susan Salter MEETING/MARKETING COORDINATOR Angela Ing MEMBERSHIP COORDINATOR Debora Hendricks EXECUTIVE ASSISTANT Tammy Wright

DISTRICT 5 Kim Webb Benos Vestavia Hills DISTRICT 6 Larry B. Stewart Calhoun County DISTRICT 7 Tracey Estes Winfield DISTRICT 8 Pam Doyle Muscle Shoals DISTRICT 9 Dr. Jennie Robinson Huntsville

BOOKKEEPER Kay Shaw STAFF ASSISTANT Lashana Summerlin Tanja Rains ADMINISTRATIVE ASSISTANTS Donna Norris CLERICAL ASSISTANT Denisha Stewart

DISTRICT 4 Charlotte Meadows Montgomery County

OUR MISSION: To develop excellent school board leaders through quality training, advocacy and services.

ON THE COVER: photo©BigStockPhoto.com

Alabama School Boards • Fall 2011 3

UPFRONT

Trends, Research&Dates Compiled by Denise Berkhalter

Officer Nominees and District Director Candidates Announced aasB’s members have submitted the following director nominations for the even-numbered aasB districts: • District 2

Donald Nichols of Perry County Mike Oakley of Bibb County • District 4 Shirley Dawkins of Clay County Gail Holley of Lanett Charlotte Meadows of Montgomery County (current director who is eligible for re-election) • District 6 Larry Stewart of Calhoun County (uncontested) • District 8 Jimmy Dobbs of Morgan County Jim Fisher of Florence Bruyne Rollins of Hartselle.

Ballots will be mailed to board presidents soon and must be acted on in a board meeting, signed by the board president, postmarked

by Oct. 31 and returned to AASB Executive Director Sally Howell.

Officers will also be chosen in December. AASB’s Nominating Committee recently met to consider candidates for president-elect and vice president of the board of directors. The committee’s nominees are Katy Smith Campbell of Macon County for president-elect and Pam Doyle of Muscle Shoals for vice president. The election will be held at the Delegate Assembly. In accordance with AASB bylaws, President-elect Steve Foster will automatically become president at the close of convention and Campbell will complete her term as vice president.

aLL-sTaTe NOMINees DUe OcT. 1 The association is looking for current or past board members who have shown exemplary boardmanship for the coveted All-State School Board Member recognition. The award will be presented at the annual convention scheduled for Dec. 8-10 at The Wynfrey Hotel in Birmingham. Nomination forms have been mailed and are due Oct. 1. Refer questions to AASB Membership Coordinator Debora Hendricks at dhendricks@AlabamaSchool Boards.org or 800/562-0601.

4 Alabama School Boards • Fall 2011

SAY WHAT? “Accreditation recognizes the vital role that effective school boards can play in the success of a school system. A board of education is responsible for establishing and monitoring policies that are designed to optimize the ability of the school system to provide the conditions that support student success. Accreditation is a process dedicated to helping schools and school systems continuously improve. Every role, including that of the governing board, in a school or school system is critical. Ultimately, a board of education plays an important role in accreditation by ensuring leadership results in improving the school system to provide for the success of every student.”

— Dr. Mark A. Elgart, President and CEO of AdvancED

ReseaRch: schools Using Vouchers show No clear advantage in achievement After sifting through a decade’s worth of research on school vouchers, the non-profit Center on Education Policy found “no clear advantage in academic achievement” for students who used vouchers to attend private school. The report, Keeping Informed about School Vouchers: A Review of Major Developments and Research, showed mixed outcomes for students overall.

“We have a great body of research about the effects of vouchers that policymakers should draw on to inform current debates,” said Alexandra Usher, co-author of the CEP study. “Before state legislators and Congress move quickly to enact new voucher programs, they should consider the evidence from programs already in place for several years to ensure they understand the impacts their policies would have.” Read the 2011 report at www.cep-dc.org.

Request Your AASB Membership Card

IN THE NEWS

Studies Show Cyber Schools Not Making Grade The Times Leader (Pa.) reports that only four of Pennsylvania’s cyber charter schools made Adequate Yearly Progress under the federal No Child Left Behind law. The state used graduation rate, attendance and standardized test score data from the 2009-2010 school year as accountability measures. The Delaware County Daily Times reports that “Pennsylvania has about 140 charter schools and 13 cyber charter schools that serve more than 50,000 students.” Eleven of the cyber charter schools were in operation during the 2009-10 academic year.

AASB Gets Clarification About Sporting Event Tickets for Employees AASB and School Superintendents of Alabama secured an understanding from the Ethics Commission that the board of education is an “institution” under the revamped Alabama Ethics Law. In certain situations outlined in the law, public officials may not accept a “thing of value,” including free tickets to events. An exception in the law allows faculty, staff and the administration of an educational institution to accept passes to school events within that same institution, and AASB and SSA maintained the board of education is the institution. Now, it is clear that “boards of education” are institutions and employees may receive passes to school events within that school system, including plays, performances, football games and other athletic events. SSA and AASB requested a formal Ethics Commission Advisory Opinion on the issue.

AASB’s membership cards are available upon request for current, paid members. In addition to serving as a handy reference on how to contact AASB, the card entitles you (nontransferable) to free admission to any state championship playoff game sponsored by the Alabama High School Athletic Association, which is allowed under the new Alabama Ethics Law. To request your card, contact AASB Membership Coordinator Debora Hendricks, dhendricks@AlabamaSchoolBoards.org or 800/562-0601.

BOARD RESOURCE:

Engage Students The National School Boards Association recently launched a resource to facilitate school board conversations with students. Students on Board: A Conversation Between School Board Members and Students focuses on practical, straightforward guidance to help engage students. A brochure created by the Center for Public Education outlines ways to set up a meeting with students, school board members and other school staff.

It also lists questions to ask when discussing school climate. To learn more or access similar resources, visit www.nsba.org/studentsonboard.

32,179

BY THE NUMBERS Though the average Alabama ACT composite score of 20.1 lags the national average of 21.1, there were 11 students who earned the top score, 36. Gaps still exist when comparing the races, but the number of students taking the ACT in Alabama is at its highest – 32,179.

Alabama School Boards • Fall 2011 5

EDUCATION & THE LAW

By J. Thomas Longino, Presley Burton & Collier LLC

Law Provides Boards with More Flexible Borrowing Authority Thanks to a new law passed by the Alabama Legislature in its last session, city and county boards of education now have more flexible borrowing authority. Sponsored by Senate Majority Leader J. T. “Jabbo” Waggoner of Vestavia Hills, the act, number 2011-631, was signed into law by Gov. Robert Bentley on June 9 and took effect Aug. 1.

It provides a new framework under which boards may borrow through sale of their warrants. During several successive years of proration, boards all over Alabama have been required to tackle significant financial challenges.

This law gives boards and their local governments additional tools to navigate the downturn.

T

he act expands board borrowing authority by, for the first time, allowing long-term financing of working capital. Boards are now explicitly authorized to borrow to fund operations for the current fiscal year with repayment from future years’ revenues. In addition, casualty losses, such as storm damage, and legal judgments are now specifically authorized for financing. Of course, the act permits financing for building construction or renovations and for purchasing school buses. The act specifically provides a comprehensive laundry list of facilities and equipment used or useful in educational facilities that may be financed with board borrowing.

Importantly, the act allows additional authority for refundings. In short, the act allows “any valid indebtedness or obligations of such board” to be refinanced with warrant proceeds. Costs of issuance can also be included in the principal of a refinancing. For any financing under the act, whether new money or refunding, approval of the state superintendent of education is required.

The new law offers flexibility in the revenues that may be pledged to support repayment. The act empowers a board to pledge any combination of revenues lawfully available to the board, including ad valorem taxes, privilege, license or excise taxes, and other revenues “of whatsoever kind or nature” that are received by the board, including payments by local governments. However, the act prohibits a pledge of Foundation Program Fund receipts, Public School Fund receipts or any state tax revenues.

6 Alabama School Boards • Fall 2011

There are more options in the execution of a financing, too.

Importantly, the act allows the sale of board warrants through a negotiated underwriting. In addition, boards are authorized to utilize variable rate debt with the specific approval of the state superintendent of education. This new authority will provide a board with the flexibility to choose its entire financing team, and the use of variable interest rates may help lower interest costs.

The act’s flexibility should free boards from the need to lease facilities from local authorities, although those relationships may continue under the new law. Should a board still desire to sell bonds through a local authority, it can now enter into loan agreements with local authorities instead of having to utilize lease agreements. Any loan agreement entered into by a board with a local authority must be approved by the state superintendent of education.

The act also facilitates local government cooperation. It specifically authorizes local governments, such as cities and counties, to guarantee warrants issued under the act, effectively allowing for credit enhancement of board debt, which is important given the state of the municipal bond insurance market. Local governments are now empowered to directly pay the principal and interest on any outstanding debt of a board within its jurisdiction. Local governments are also authorized to lend or donate land, other property, money or services to local boards.

The chart on page 7 presents a brief comparison of the act against the most commonly used financing laws for boards.

In summary, this act provides boards with an additional toolkit to address the financial challenges school systems of all sizes are facing. More flexible borrowing authority, coupled with broad authorization for cities and counties to provide direct support to their local boards, may help alleviate cash flow challenges until the economy improves. However, any debt should be carefully evaluated against a board’s financial picture. The act assists in this regard by allowing boards to team with trusted professionals, whether attorneys, underwriters or bankers, in a negotiated transaction. Finally, the act’s liberalization of refinancing rules may assist boards in need of restructuring existing obligations.

■ J. Thomas Longino is an attorney with Presley Burton & Collier LLC, a Birmingham-based law firm providing the full complement of legal services to public entities seeking access to financing. Visit www.presleyburton.com.

Act 2011-631: A Borrowing Authority Summary New Act Act 2011-631

Tax Anticipation Warrants Section 16-13-70 et seq.

Capital Outlay Warrants Section 16-13-90 et seq.

“Local Tax” Warrants Section 16-13-90 et seq.

Permissible Projects

Broad definition allowing for basically any costs associated with “public school facilities.”

"Public school facilities" is a broadly defined term which includes most any item associated with a school, including land

Authorizes erecting, purchasing, renovating, repairing and equipping school buildings, playgrounds, facilities for school buses and purchase of school buses

Authorizes erecting, purchasing, improving, repairing and equipping land, school buildings, playgrounds, facilities for school buses and purchase of school buses.

Also allows purchase of buildings from another governmental entity

As authorized by local act generating tax pledged

Additional Uses of Proceeds

Proceeds may be used to pay expenses such as casualty losses, legal judgments, operating expenses for current fiscal year and any other legal purpose

Not allowed

Not allowed

Not allowed

Refunding Uses

Proceeds may be used to refund debt of any type incurred under any law, any funding or lease agreements and any indebtedness incurred on behalf of a board

Proceeds may only be used to refund outstanding warrants issued under any law

Proceeds may only be used to refund outstanding warrants supported by pledged tax

Proceeds may only be used to refund outstanding warrants issued pursuant to Section 16-13-120

Sources of Payment

Warrants may be paid from a pledge of any one or a combination of ad valorem taxes; privilege, license or excise taxes; payments in lieu of taxes or any other contractual payments, but not certain state or trust fund revenues. The act specifically authorizes cities and counties to contract to support school debt issued under the act

Warrants may be paid solely from a pledge of ad valorem taxes or privilege, license and excise taxes, but not both.

Debt service supported by annual ad valorem tax pledge is limited to 80 percent of annual proceeds of tax

Warrants may be paid solely from special taxes. Debt service supported by tax pledge is limited to 80 percent of annual proceeds of pledged tax

Warrants may be paid from a pledge of special privilege, license and excise taxes and/or ad valorem tax equivalents, so long as all pledged revenues are levied by local act

Maximum Term

30 years

30-40 years, depending on pledged tax

Limited to period of usefulness of assets

30 years

Interest Rate

Variable rate debt allowed with approval of state superintendent of education

Fixed rate only; 12 percent maximum

Fixed rate only; 8 percent maximum

Fixed rate only; 12 percent maximum

Sale of Warrants

Act allows negotiated or competitive sale

Competitive sale only

Competitive sale only

Negotiated or competitive sale

State Superintendent Approval

Required

Required

Required

Required

Local Government Support

Cities and counties are authorized to guarantee or otherwise support debt issued under the act. Act also authorizes local governments to donate property and to pay any outstanding debt of a board. Act also authorizes local government lending to boards

Not provided for

Not provided for

Not provided for

Citation

Alabama School Boards • Fall 2011 7

STUDENTS FIRST ACT RESOURCES

By Sally Howell, Executive Director, Alabama Association of School Boards

AASB Provides Resources to Assist with Students First Act Now that most of you have the first days of school behind you, you’re probably fielding a number of how-does-it-work questions about due process and personnel actions under the new Students First Act of 2011 (Act 2011-270).

The Alabama Association of School Boards, as promised, has already mailed sample hearing scripts and a CD to superintendents with Students First guidelines and other sample materials.

1

2

3 4

Advance Notice to Employee

Rights Before Board

Review/ Appeal

See Statute Notes (SFA)

End of year

No

None

No

5(c)

Notice by June 15 (or June 30 if quadrennium) in year 1 or 2; Notice by last day of school in year 3

Any or none1

End of year

No

None

No

5(a)

Notice by June 15 (or June 30 if quadrennium); Pay continues for 15 days

Probationary teacher

Any or none1

Mid-year

Yes

Written statement

No

5(c)

30 days’ notice before board vote

Termination

Probationary classified

Any or none1

Mid-year

No

None

No

5(a)

Pay continues for 15 days

Termination

Tenured teacher

Statutory grounds2

Any time

Yes

Full hearing

Yes

6

Pay cut off 75 days after board vote or upon hearing officer decision, whichever first4

Termination

Nonprobationary classified

Statutory grounds2

Any time

Yes

Full hearing

Yes

6

Pay cut off 75 days after board vote or upon hearing officer decision, whichever first4

Termination

Tenured teacher

Criminal conviction

Any time

No

None

No

10(a)

If conviction overturned, teacher must be reinstated or placed on leave with back pay

Termination

Tenured teacher

Loss of certificate

Any time

No

None

No

10(d)

Pay/Term Reduction

All employees

Any

Prospective No

None

No

6(h)(2)

Must apply to category, class, division, etc. of employees

Layoff (RIF)

Tenured teacher Nonprobationary classified

Statutory grounds3

Any time

No

None

No

6(h)(3)

Be sure to comply with local reduction in force policy

Suspension 20 Days or Less

All employees

Any

Any time

Yes

Written statement or conference

No

6(i)

Suspension More Than 20 Days

All employees

Any

Any time

Yes

Full hearing

Yes

6(i)

Action

Employee

Reason

Timing

Nonrenewal

Probationary teacher

Any or none1

Nonrenewal

Probationary classified

Termination

Boards are not required to disclose a reason to the employee, but if the employee alleges that the termination/nonrenewal is illegal, the board should have a reason. For instance, if the employee files an Equal Employment Opportunity Commission charge claiming nonrenewal because of race or gender, the board must be prepared to provide a reason to the EEOC. Grounds for termination are justifiable decrease in the number of positions, incompetency, insubordination, neglect of duty, immorality, failure to perform duties in a satisfactory manner, or other good and just cause.

Grounds for declaring a reduction in force are a shortage of revenues or decreased student enrollment.

If the termination is based on moral turpitude, immorality, incarceration, neglect of duty or loss of certificate, pay is cut off immediately upon board approval.

8 Alabama School Boards • Fall 2011

Alabama Association of School Boards. All rights reserved.

NONRENEWALS, TERMINATIONS, LAYOFFS & SUSPENSIONS

In addition, members continue to use the Students First Question Clearinghouse at www.AlabamaSchoolBoards.org/clearing house.html. The clearinghouse helps those impacted by the new education personnel law to provide consistent answers to our constituents’ questions. It also includes implementation guidelines.

The clearinghouse is a joint effort of AASB, the School Superintendents of Alabama, the state Department of Education, the state Department of Postsecondary Education and the Council for Leaders in Alabama Schools. In addition, a team of experienced and talented school board attorneys assisted with an AASB task force that crafted the successful Students First legislation and continues to help education leaders understand the new law. (See page 10.)

I would like to especially thank AASB Staff Attorney Jayne Harrell Williams of Hill Hill Carter Franco Cole & Black for the excellent work she put into the charts that accompany this article. These charts outline steps to be taken in employee terminations, nonrenewals, suspensions, layoffs, transfers and reassignments.

We hope you find it useful. As always, consult with your school board attorney on such actions and to seek legal advice.

Expect additional guidance and resources to help you navigate Alabama’s education personnel law, including an AASB Boardmanship Basics booklet and an upcoming webinar on ■ progressive discipline.

Advance Notice to Employee

Rights Before Board

Review/ See Appeal Statute Notes (SFA)

Within location Within location

No

None

No

7(b)

Board approval not requried

No

None

No

7(a)

Must be qualified

Same

Within location

No

None

No

7(b)

Board approval not required; any grade, position or work location within school, campus or facility; no later than 20th day of class; once a year; must be certificated; no loss of pay

Nonprobationary classified1

Same

Within

No

None

No

7(a)

Must be qualified

Transfer

Tenured teacher

Same

Different location

Yes

Conference

No

7(c)

Any grade, position or work location outside school, campus or facility; no later than 20th day of class; once a year; must be certificated; no loss of pay

Transfer

Tenured teacher

Same

Outside feeder pattern

Yes

Conference

No

7(c)

Any grade, position or work location outside school, campus or facility; no later than 20th day of class; once a year; must be certificated; no loss of pay

Transfer

Nonprobationary classified

Same

Different location

Yes

None

No

7(d)

Effective 15 days after board decision

Transfer

Nonprobationary classified

Same

Outside feeder pattern

Yes

Full hearing

Yes

7(d)

Transfer

Probationary teacher

Reduced

Any position

Yes

Written statement

No

7(e)

Initial notice must state impact on pay; effective 15 days after board decision

Transfer

Probationary classified

Reduced

Any position

Yes

Written statement

No

7(e)

Initial notice must state impact on pay; effective 15 days after board decision

Transfer

Tenured teacher Nonprobationary classified

Reduced

Any position

Yes

Full hearing

Yes

7(f)

Transfer (RIF)

Tenured teacher Nonprobationary classified

Reduced

Any position

No

None

No

6(h)(3)

Action

Employee

Pay

Location

Reassignment

Probationary teacher Probationary classified1

Same

Reassignment

Tenured teacher

Reassignment

Reassignment

1

Same

Be sure to comply with local reduction in force policy

Any reassignment or transfer not specified in Section 7 of the Students First Act can be accomplished by superintendent’s recommendation and board approval.

Alabama School Boards • Fall 2011 9

Alabama Association of School Boards. All rights reserved.

REASSIGNMENTS & TRANSFERS1

Champions for Children

AASB Legislative Award

The Champion for Children Award is the Alabama Association of School Boards’ highest honor and is presented to honor those who go above and beyond to enhance public education in Alabama. The 2011 recipients took on herculean efforts which led to enactment of pivotal legislation for K-12 education. They are:

The 2011 AASB Legislative Award is presented to lawmakers who have shown remarkable commitment to supporting a key K-12 education issue. Rep. Stephen McMillian was chosen for his longstanding support and personal commitment to reforming Alabama education personnel laws. Speaker of the House Mike Hubbard and Senate Pro Tem Del Marsh were selected for their leadership in shepherding passage of the Students First Act.

• Rep. Greg Canfield

AASB Executive Director Sally Howell (center) presents AASB’s 2011 Champion for Children Award to Rep. Greg Canfield (right), shown with his wife, Denise.

After years of back-to-back proration of the Education Trust Fund, Canfield worked diligently for more than three years, with AASB’s full support, to convince lawmakers to adopt the “Responsible Budgeting and Spending Act,” also known as the Rolling Reserve Act. This act revised the Education Trust Fund budgeting process based on a sustainable 15-year average — with the goal of making proration a thing of the past.

• Rep. Chad Fincher and Sen. Trip Pittman Pittman and Fincher succeeded in reforming the state’s costly, cumbersome education personnel laws so the focus is on ensuring the best possible faculty and staff are in place for students. The Students First Act of 2011 was a monumental change and completely replaced the flawed tenure and dismissal laws with a more workable process that retains due process protections.

Receiving the AASB Champion for Children Award was Rep. Chad Fincher. He is shown (left to right) with his wife, Caresse, and AASB Executive Director Sally Howell.

Sen. Trip Pittman was a joint recipient of the Champion for Children Award for 2011.

10 Alabama School Boards • Fall 2011

Students First Task Force The AASB Board of Directors approved resolutions to recognize a task force of education advocates and school board attorneys who did behind-the-scenes work that led to creation of a viable bill that ultimately became law. The task force continues to assist in creation of resources and materials school board members can use to implement the law. The task force included representatives of the Business Council of Alabama; Executive Director Dr. Eric Mackey and Governmental Relations Director Lisa Woodard of the School Superintendents of Alabama; and attorneys Carl Johnson, Melissa McKie, J.R. Brooks, Jayne Harrell Williams, Juliana Dean, Katy Smith Campbell, Robert Lusk and Robin Andrews.

Sponsors of K-12 Legislation The AASB board also approved resolutions to recognize the hard work state Reps. J.T. “Jabbo” Waggoner, James Buskey, Dick Brewbaker and Greg Wren did to sponsor and support vital K-12 legislation during the 2011 Regular Legislative Session.

Strides for Schools As she rounded out her 11th year and final term on the Jacksonville school board, Lori Tippets decided to build awareness statewide about the financial woes schools face. She laced up her running shoes and ran a total of 186 miles, stopping in 30 cities to speak with local education officials, the media and all who would listen. She called her one-woman campaign Strides for Schools and is now speaking to a variety of civic groups about her experiences. AASB honored her with a resolution for her selfless contribution to K-12 public education in Alabama.

✔

MARK YOUR CALENDAR Make Your Plans Today!

OCTOBER 2-3 AASB Core Academy Conference Leadership for Community Engagement Renaissance Montgomery Hotel *6 Academy Hours

3

Data First Post-Conference Workshop Renaissance Montgomery Hotel *3 Academy Hours

President’s Award For the sixth year, the Alabama Association of School Boards celebrated its President’s Award winners.

In all, 49 school boards were recognized for having 60 percent or more of their members attend at least three School Board Member Academy conferences in a year.

• District 1- Brewton, Clarke County, Escambia County, Monroe County and Saraland • District 2 - Autauga County, Butler County, Demopolis, Lowndes County and Perry County

NOVEMBER 15 Webinar: Get Out the Good News 1.5 Academy Hours

DECEMBER 8

AASB Core Academy Conference Effective Boards and Relationships Orientation Wynfrey Hotel, Birmingham *6 Academy Hours

8-10 AASB Annual Convention Wynfrey Hotel, Birmingham Note: Every attempt will be made to follow this schedule. * Core credit awarded only once

• District 3 – Enterprise, Geneva, Henry County and Troy • District 4 – Auburn, Bullock County, Elmore County, Macon County and Phenix City • District 5 – Bessemer, Birmingham, Fairfield, Midfield and Shelby County • District 6 – Anniston, Calhoun County, Cherokee County, Etowah County, Gadsden, St. Clair County, Talladega and Talladega County • District 7 - Greene County, Hale County, Pickens County, Sumter County, Tuscaloosa, Tuscaloosa County and Winfield • District 8 – Athens, Colbert County, Florence, Hartselle, Lauderdale County, Lawrence County, Muscle Shoals and Russellville • District 9 - Jackson County and Madison

Help.

Q. A.

Can a student’s phone be searched if he used it to cheat on a standardized test?

Parents and students should be properly informed, so they know possessing a phone or other digital device during secure tests is prohibited, may automatically invalidate the student’s test and could result in search and seizure of the device. Administrators should also be familiar with board policy on possession, search and seizure of digital devices. The state Department of Education has guidelines on handling confiscation of digital devices during secure tests, which include: keeping a record of what person(s) had custody of the confiscated phone before it was delivered to the school administrator; learning the facts to determine if there is reasonable suspicion that the phone was used to cheat; limiting the phone’s search to only what is necessary to reasonably determine whether the student was cheating; and, if the student did cheat or do something wrongful, securing the phone in accordance with school system policy.

—Denise L. Berkhalter Alabama School Boards • Fall 2011 11

FACE TO FACE

By Sally Howell, Executive Director, Alabama Association of School Boards

Rep. Mike Hubbard have two sons, Clayte and Riley, both of whom are avid golfers. We’re a busy family, but a happy family. We’re a team, and we stick together to support each other.

Sally Howell with Rep. Mike Hubbard

R

ep. Mike Hubbard is speaker of the Alabama House of Representatives, the first Republican to have that title in more than a century. Education tops his agenda, so Alabama Association of School Boards Executive Director Sally Howell spoke with him to see what his plans are as he looks ahead to 2012.

During the 2011 regular session, the monumental Students First Act passed, reforming the process for disciplining substandard education employees. Hubbard was crucial to the law’s passage, and he is a key player in developing the education agenda that will play out in the upcoming legislative session. In this installment of Alabama School Boards’ Face to Face series, the speaker discusses what he sees on the horizon for pre-K-12 public education. ▲ Howell: Our members love to know the man behind the man. Who is Rep. Mike Hubbard in your own words? ◆ Hubbard: Well, my day job is running the Auburn Network, a company I incorporated almost 20 years ago to handle Auburn University’s media rights. I’m a native of Georgia and attended the University of Georgia, where I majored in broadcast journalism. Two weeks after graduation, I came to Auburn to work in the athletic department helping with their media efforts, including Bo Jackson’s Heisman campaign. Years later I was lucky enough to convince a brilliant, beautiful young woman named Susan to marry me, and we’ve lived happily here in Auburn ever since. She is a professor and associate dean of the Auburn University College of Human Sciences. We

12 Alabama School Boards • Fall 2011

▲ Howell: How do you view your role as speaker of the House? ◆ Hubbard: The motto of the House of Representatives is “Vox Populi,” or “Voice of the People.” As speaker, my job is to keep order and ensure the business of the people flows smoothly in the House. When you are dealing with important issues, tempers can sometimes flare, but as long as everyone is treated fairly and given their due respect, we all get along quite well.

Obviously, I’m a Republican, and I have certain issues I strongly advocate. But my role as speaker is not the same as it was when I was minority leader. I speak for all members, both Republicans and Democrats. In a representative democracy, the majority rules, but all sides are ensured a voice in the debate. ▲ Howell: Well, the 2011 Regular Legislative Session was definitely one for the history books. What is your assessment of that session and the outcome for K-12 public education? ◆ Hubbard: The 2011 Regular Session was a turning point for education reform in Alabama. Reforming Alabama’s tenure and fair dismissal laws isn’t the silver bullet that is going to vault Alabama to the top of the education chart all by itself. But our success passing it showed once and for all that Alabama is ready to tackle the tough education challenges our state faces, despite an obstructionist opposition that is used to getting its way.

On the budget front, the new leadership demonstrated its continued commitment to funding K-12 education by passing a balanced, responsible budget that sought to avoid proration, teacher layoffs and pay cuts. We also revamped the budgeting process to ensure future budgets won’t force our schools to deal with proration. ▲ Howell: Look over your career as a legislator. What has been your greatest achievement for education? ◆ Hubbard: It is difficult to overstate the significance of reforming the tenure and fair dismissal laws. We could have lost that debate, and it would have inhibited our future chances for success on the education front. But

we drew a line in the sand separating those who want to reform education in this state and those who want the status quo. Winning that vote sent a message that Alabama would never be the same.

However, probably my greatest satisfaction as a lawmaker has been working with Gov. (Bob) Riley over the years, and more recently with Gov. (Robert) Bentley, to institute and expand the Alabama Reading Initiative, the Alabama Math, Science and Technology Initiative, ACCESS Distance Learning and First Class Pre-K. There’s no question these innovative programs have changed our schools for the better. We fought to fund these critical programs year after year and saw the fruits of our labor last year as Alabama was ranked 25th for education quality by Education Week. That’s quite an achievement for our students, teachers, administrators and school board members, and I’m proud to have been a part of it.

the idea that there could be alternative options that would improve a child’s chances to succeed academically. But, the way I see it, you can’t argue with results. In places like Memphis and New Orleans, charter schools have dramatically improved the quality of education offered to chronically underserved students. We might not like to talk about it, but there’s no denying we have some chronically underserved students right here in Alabama. While we work to improve our overall education system from the ground up, we must also allow local boards the flexibility to partner with parents, educators and community leaders to fix local problems in the short term.

▲ Howell: What elusive task do you still hope to achieve during your tenure as a legislator? ◆ Hubbard: I first ran for office because I wanted to make Alabama a better place for my children and my grandchildren. That hasn’t changed. I want Alabama to be what other states look to as a model for quality of life. Now being in a position of leadership, it is great to have an opportunity to turn that vision of a better Alabama into reality. ▲ Howell: What are your thoughts about improving the education pipeline in Alabama — that connection between pre-kindergarten, K-12, career-technical education and higher education? ◆ Hubbard: The goal is to create a truly world-class education system that gives Alabama students the opportunities they deserve and trains workers not just for the jobs of today but for the careers of tomorrow. Only then can our economy be stronger and more resilient, even during difficult times.

To do that, I believe we must think more comprehensively about education. We must acknowledge that we start our children on education pathways beginning in preschool. If we want them to succeed, we ought to carefully plan how and where those pathways can lead. ▲ Howell: School board members know public education in Alabama is necessary to improve the economic outlook for this state and to create the types of workers that industries and businesses want. Do you value public education as a tool for improving the jobs outlook for Alabama? ◆ Hubbard: It’s not ‘a’ tool; it is ‘the’ tool for making our economy stronger and more resilient. Alabama has come a long way in improving K-12 education, modernizing work force development and raising the quality of college instruction available in this state. However, we still have far to go. ▲ Howell: Charter schools, vouchers, school choice ... what is your position on these issues? ◆ Hubbard: I’m an advocate for school choice. Some scoff at

It is difficult to overstate the significance of reforming the tenure and fair dismissal laws. We could have lost that debate, and it would have inhibited our future chances for success on the education front. But we drew a line in the sand separating those who want to reform education in this state and those who want the status quo.

Winning that vote sent a message that Alabama would never be the same.

— Speaker Mike Hubbard

▲ Howell: Looking ahead to the next legislative session. What do you hope to accomplish? What is on your agenda for issues that impact education? ◆ Hubbard: Authorizing innovative public charter schools in Alabama will be on the agenda this legislative session.

There is plenty of misunderstanding of what charter schools are and what their presence in Alabama would mean. Many fear change, and that could be the cause of some un(Continued on page 14) Alabama School Boards • Fall 2011 13

Face to Face: Rep. Mike Hubbard Continued from page 13

easiness. But I’d like to start a conversation about how allowing this option can improve the lives of children who otherwise would be underserved educationally. I’d like to explore how other states have succeeded when they allowed local school boards to cut the bureaucratic red tape that, especially in certain places, keeps children from having the quality instruction they need.

Charter schools aren’t the panacea that will cure all our education ills, but they would be a valuable tool to raise performance in areas where we are dreadfully behind. Right now, we are one of only nine states without a charter schools law. Though we are catching up in this area, we also have the advantage of learning from the successes and failures of other states to ensure our law affords us the best opportunity to benefit from this reform.

Most school systems in Alabama probably aren’t candidates for charter schools, but that can’t be the reason we keep other districts from utilizing a reform that could make a real difference. ▲ Howell: What is the big challenge for the next legislative session — the big issue to overcome? ◆ Hubbard: The biggest challenge will probably be crafting our General Fund budget. Now, that won’t really affect the Education Trust Fund budget, but it is still a significant issue for our state. Increasing costs of Medicaid plus continued increases for state worker benefits are straining our resources thin. ▲ Howell: Can we overcome that? ◆ Hubbard: Yes, and we must. Despite the challenges, Alabama will balance its budgets next year. It’s no different than any school board out there, or family for that matter. We must set priorities and appropriate money accordingly. What we don’t want to do is over-appropriate, then force the governor to declare proration like previous Legislatures have done. ▲ Howell: I know you won’t be hiring the next state superintendent of education, but that’s a pretty influential position that will drive the course of public education in this state.

What strengths and skills would you like to see in the next state superintendent? ◆ Hubbard: First of all, (Dr.) Joe Morton has been an excellent leader for Alabama schools. He has been able to accomplish more forward-thinking education reform than probably any state superintendent in our history. We need our next superintendent to possess that same commitment to reform, so we can continue to move Alabama forward.

The next state superintendent should also be able to clearly articulate policy ideas and be a forceful advocate for reform, not only to the state school board but in the Legislature as well.

14 Alabama School Boards • Fall 2011

▲ Howell: How can school board members provide feedback or have input when legislators shape their legislative agendas? ◆ Hubbard: I would encourage school board members to be in regular contact with their state lawmakers, not just when we are in session, but throughout the year. I’ve always valued my relationship with board members from the Lee County area, and I know my fellow representatives feel the same way about those from their districts. ▲ Howell: If you had every local school board member in Alabama in your office, what would you say to them? ◆ Hubbard: I’d say thank you. Thank you for dedicating your time and energy toward improving the lives of children. I would also say I look forward to working with school boards throughout the state to raise the quality of education in Alabama. We have a unique opportunity over the coming years to take our state to the next level in terms of the instructional opportunities we are able to offer students. Once we finally free ourselves of the policies that have kept us shackled to the bottom, together we’ll climb to the top. ▲ Howell: Let’s play a game of, “if they only knew.” When it comes to passing legislation in Alabama that benefits schools, what is it that you wish school boards knew? ◆ Hubbard: This is probably something most school boards already know, but opponents of education reform won’t have any less disdain for reformers if we acquiesce to their demands or water down meaningful policy. It is a common tactic by certain special interests groups to threaten political retaliation if their demands to abandon attempts at education reform aren’t met. However, the truth is they are more likely than not to retaliate even if their demands are met.

I’m all for being reasonable. But sometimes education policy decisions come down to a fundamental choice between what’s best for the students and what’s convenient for employees of the system. Those who agree to weaken their position because of a threat from the union do so at their own peril. If the union is coming after you either way, why not achieve the reform you are pursuing?

■

ABOUT SPEAKER MIKE HUBBARD An Auburn resident; former chairman of the Alabama Republican Party; graduate of the University of Georgia with a degree in radio and television; married to Dr. Susan Hubbard, professor and associate dean in Auburn University’s College of Human Sciences; father of two sons, Clayte and Riley; and member of Auburn United Methodist Church.

What he does: Speaker of the House; represents Alabama District 79, which includes portions of Auburn and Opelika; and president of the Auburn Network Inc., a broadcast, multimedia production and publishing company.

Committee: Lee County Legislation Contact him: 334/826-9151 or hubbard@mikehubbard.com

By Gigi Douban and Denise L. Berkhalter

Alabama’s controversial new immigration law is tied up in U.S. District Court, where a federal judge gave herself at least until Sept. 29 to review challenges to the law’s constitutionality. In the meantime, school officials wait.

Reporting requirements of the law were intended to find out how many undocumented students are served in Alabama’s schools and at what cost.

To meet that requirement, the state Department of Education sent guidance to schools asking them to verify which students have or don’t have proper documentation verifying they are in the United States legally.

Before the enjoinment, the state education department had advised schools to only note the immigration status of every student who enrolled on or after Sept. 1, when the law was to take effect. Students who enrolled prior to that date would have been unaffected.

In late August, when U.S. District Judge Sharon Blackburn instituted her 30-day hold on the statute, implementation of the law was blocked.

Gov. Robert Bentley, who signed the immigration bill into law on June 9, issued a statement on Blackburn’s decision: “I look forward to the judge ruling on the merits. We have long needed a tough law against illegal immigration in this state, and we now have one. I will continue to fight at every turn to defend this law against any and all challenges.”

For now, schools in Alabama are not required to collect any data outside the norm when enrolling undocumented students, according to state Department of Education officials.

“We are not collecting that information since the law is on hold,” said Deputy State Superintendent of Education Dr. Tommy Bice. If the law does clear legal hurdles and receives a green light, the state Board of Education would report once a year to the Alabama Legislature the number of students who don’t have acceptable documentation verifying legal immigration status. That annual reporting date hasn’t been determined.

HOW IT WORKS The state education department’s nine-page School Attendance Manual was sent to schools prior to the temporary injunction and outlines the steps for complying with the new law.

The process is basic.

At enrollment, students must present a birth certificate. If the country of birth is other than the United States, but the student is a citizen or a legal immigrant, the student has 30 days to provide documentation of citizenship or legal status.

If the student can’t produce documentation within a month proving citizenship or legal status, the system requests a declaration, signed under penalty of perjury, that states the student is a citizen or a legal immigrant.

If no such declaration can be made, the student is reported to the state as not having a birth certificate on file. Schools enter a code in the state’s student information database to indicate whether the student had proper documentation to prove immigration status or not.

photo©BigStockPhoto.com

16 Alabama School Boards • Fall 2011

State Department of Education officials said the goal was to create a system that upheld the law but was also fair to school personnel and students.

Even if the Alabama Immigration Law does survive legal challenges, it shouldn’t keep immigrant students, whether legal or illegal, out of school.

According to the guidance manual, “No student shall be denied enrollment or admission to the school due to a failure to provide the birth certificate or other supplemental documentation described in this section.”

DAMAGE TO RELATIONSHIPS There are education advocates who are monitoring whether the state’s immigration law weathers legal challenges. They say enforcing the law would be downright uncomfortable.

“One of your first interactions with school is demanding paperwork to prove your citizenship,” said Lisa Soronen, senior staff attorney with the National School Boards Association. “‘Uncomfortable’ is a nice way of saying it.”

Soronen said she believes implementing the law will be frustrating for school

staff members who don’t want to make students or their families feel ill at ease. “Even if this was about what color hair students have,” she said, “it would be frustrating and annoying.”

Part of the point, according to the legislation, is for the state to estimate the cost of educating students who are in the United States illegally. Those expenses include instruction, computers, textbooks, meals and extracurriculars. But some question the value of such information.

“You can’t deny these students an education, so why does it even matter what they cost?” Soronen said.

“That to me would be the frustration.”

That is, unless you consider intimidation kind of the point, Soronen said. “It’s very intimidating if you can’t provide that paperwork,” she said. “It’s very intimidating to know the state now will know.”

Rick Ayer, superintendent of Albertville City Schools, said he’s worried the law will potentially mar the relationship the system has worked hard to build with its immigrant community over the years.

About 25 to 30 percent of students in Albertville are Hispanic. Ayer said that a majority of Albertville’s Hispanic community is comprised of legal immigrants.

“A lot of those students have been with us from kindergarten through 12th grade, and if you get into the policing stage, it’s going to create a difficulty in reaching out and teaching the kids like we’re supposed to,” he said.

(Continued on page 18)

Alabama School Boards • Fall 2011 17

Law in Limbo Continued from page 17

Ayer said that although the fear of deportation leaves immigrants generally wary and guarded, they’ve become less so in Albertville. “As of right now, our relationship with that community is extremely good,” he said. “They feel safe and comfortable in our schools. They come in and work with us, talk to us. We don’t want to do anything to jeopardize that.”

State Department of Education officials say they are fully committed to carrying out the law and advise local school boards to do the same. Not doing so can jeopardize state funding.

Prior to his retirement Aug. 31, former state Superintendent of Education Dr. Joe Morton encouraged school boards to “do the best they can.”

“We’re just going to ask people to implement the law and … be genuine in their efforts,” he said.

ENGLISH LEARNERS The state Department of Education tracks students who aren’t proficient in English but not their immigration status.

“The question is how many of those tens of thousands of students are here legally versus how many are here illegally. That’s what we do not know,” Morton said.

The Pew Hispanic Center estimated Alabama’s unauthorized immigrant population at 120,000 in 2010, and

national data show 70 percent of the parents of undocumented immigrant children in America hail from Mexico.

A majority of Alabama’s immigrant school population are Hispanic. Their numbers in recent years have increased.

This past school year, about 33,000 Hispanic students were enrolled in Alabama schools. That’s up from 20,300 in 2005-06. However, Morton said those numbers shed no light on how many of those are in the United States legally.

“We’ve never asked that before,” he said.

The law isn’t complicated, she said.

“All this is, frankly, is collecting data,” Williams said, “but it’s this collecting data that might keep people out of the door.”

Groups challenging the law in federal court say that this is a real concern. In a lawsuit filed by the American Civil Liberties Union in July, members of Greater Birmingham Ministries, a service organization that caters to immigrants, say undocumented members of the congregation have “expressed concern that their children may not be able to attend school. … These members fear that their immigration status will be sent to the federal government and lead them to being detained and possibly deported.”

An unnamed plaintiff in the lawsuit said she’s considering homeschooling her children for fear of having her undocumented status reported to the state.

In the end, if the immigration law is allowed to stand, Williams advises board members to follow the law.

“We are public boards of education,” she said. “We just don’t have the authority — even if we don’t like a law — to pick and choose.”

■

FINANCIAL IMPACT Soronen said the controversial state law also intends to underscore the financial burden on schools’ resources posed by illegal immigrants. She encourages Alabama to take the long view.

“The drain becomes even greater when these people stay in the United States for a lifetime and are uneducated.

What kind of future can they have? No future at all,” she said.

Attorney Jayne Harrell Williams represents several Alabama school boards.

She said board members seem most concerned about the immigration law’s “chilling effect.”

“Some of my clients are concerned that if parents could not provide this information and they are not here legally, they won’t bring their kids to school, and the kids won’t get an education,” Williams said.

Gigi Douban is a freelance reporter and writer based in Birmingham. Denise L. Berkhalter is director of public relations for the Alabama Association of School Boards.

Will the New Alabama Immigration Law Result in a Loss of Federal Funding to Alabama Schools?

See related article on page 20.

Table A3

Estimates of Unauthorized Immigrant Population by State, Selected Years 1990 to 2010 2010 (thousands)

Estimated Population

U.S. Total Alabama

2007

2005 Estimated Population

2000 Estimated Population

1990 Estimated Population

11,500-12,500

11,100

8,375

3,525

(55-160)

60

25

5

Range

Estimated Population

Range

11,200

10,700-11,700

12,000

120

(75-160)

110

Source: Unauthorized Immigrant Population: National and State Trends, 2010, www.pewhispanic.org

18 Alabama School Boards • Fall 2011

IMMIGRATION & THE LAW

By David J. Canupp, Lanier Ford Shaver & Payne, P.C.

Will the New Alabama Immigration Law Result in a Loss of Federal Funding to Alabama Schools?

On June 9, 2011, Alabama Gov. Robert Bentley signed H.B.56, commonly known as the Alabama Immigration Law (Act 2011-535).

The law contains a variety of provisions related to immigration, including reporting requirements for primary and secondary schools. As of this writing, the law is being challenged in federal court on constitutional grounds. The U.S. Department of Justice is among the plaintiffs.

Implementation of the law has been temporarily blocked until at least late September.

E

ven assuming the public school provisions of the law are found constitutionally valid, there is another possibility: The law may be permissible under the Constitution but still violate certain federal laws. If the law violates federal statutes which provide for educational funding, a loss of federal funds for Alabama schools may be on the horizon. To take a closer look at this important issue, this article briefly summarizes the obligations of public schools under the new law and then analyzes whether federal school funding is in jeopardy.

20 Alabama School Boards • Fall 2011

photoŠBigStockPhoto.com

The Public School Reporting Requirements Section 28 of the new law says a student’s parents must present a copy of the student’s original birth certificate (or a certified copy) when the student enrolls.

If the parents do not have a birth certificate for their child, they have 30 days in which to inform the school of the student’s immigration status under federal law. This 30-day period can also be triggered if the school’s review of the birth certificate leads it to conclude that the student was born outside of the United States or is the child of an unauthorized alien. In that case, the parents once again have 30 days in which to inform the school of the student’s citizenship or immigration status.

To meet the requirement of establishing citizenship or immigration status, the parents may present official documentation or notarized copies of such documentation and sign a statement, under penalty of perjury, that the document states the true identity of the child. Alternatively, if the parents have no documentation and maintain the child is lawfully present in the United States, they may sign a statement, under penalty of perjury, that the child is lawfully present. If no documentation is presented or the parents do not sign a statement, the school is to presume the child is an unauthorized alien for reporting purposes.

Significantly, the bill provides no consequences for parents or guardians who simply fail to present a birth certificate or otherwise fail to comply with the school’s efforts to collect data, except that the school official shall presume the student is unauthorized for data collection and

reporting purposes. The law also does not make the data collection applicable only to students suspected of being foreign nationals or aliens but rather applies to all students enrolling. Furthermore, the bill states that it is to be enforced without regard to race, religion, gender, ethnicity or national origin.

The point of this data collection process is to assist the school in fulfilling its duty to provide the state Board of Education an annual report of all data obtained. The state board is required to submit an annual report to the Legislature. The annual report to the Legislature is apparently intended to be a tool by which the state will compile statistics about money spent on unauthorized aliens and how their presence affects education.

Before the law was temporarily enjoined, the state Department of Education provided guidance to schools on implementing it. But, the law itself provided no details about how schools were to compile and transmit the data to the state Board of Education. Schools have been given no legislative guidance about whether they should report just the number of citizens and non-citizens or also include the identities of the students and parents and the documentation obtained in the process.

The law also provides that “public disclosure” of information that personally identifies any student is unlawful, subject to certain exceptions under federal law.

The law also says that any student whose identity is negligently or intentionally disclosed can sue the person or agency that has made the unauthorized disclosure.

Unclear is whether “public disclosure” means providing the state Board of Education with the names of unauthorized aliens or whether “public disclosure” is only disclosure of information to anyone outside of the school or to anyone other than employees of the state board.

Analysis of Federal Law An analysis of federal law raises questions about the legality of the activities mandated by the Alabama law. The Department of Justice filed a federal lawsuit

— now merged with a pending lawsuit brought by three church groups and special interest groups — which alleges that the Alabama law “will lead to the harassment of lawfully present and unlawfully present aliens.” Furthermore, the U.S. Departments of Justice and Education have recently released a letter to schools noting awareness of “student enrollment practices that may chill or discourage the participation, or lead to the exclusion, of students based on their or their parents’ or guardians’ actual or perceived citizenship or immigration status” (May 6, 2011, letter, U.S. Dept. of Justice and U.S. Dept. of Education). According to the letter, these practices “contravene federal law.”

Any discussion of school enrollment practices for aliens must start with the U.S. Supreme Court’s decision in Plyer v.

Doe, 457 U.S. 202 (1982), in which the Court held that a state cannot intentionally deny a public education to aliens on the basis of their national origin or immigration status. This holding has only limited direct application to the Alabama law, which does not expressly exclude aliens from public schools. Indeed, the bill includes no provisions permitting or requiring school officials to deny enrollment to any student, regardless of the information collected.

However, multiple legislators who signed on to the bill have stated openly that the entire point of the law is to intimidate and dissuade unauthorized aliens and their children from seeking a public education. Lawyers frequently refer to the phenomenon created as a result of such a law as “disparate impact” discrimination — in other words, while the law does not expressly prevent a class of persons from exercising their rights, it does disproportionately impact a particular class of persons more directly than others. In this case, the Alabama Immigration Law very likely will discourage unauthorized aliens from seeking a public education, even though it does not prohibit them from doing so. The question thus becomes whether the “disparate impact” of this law on unauthorized aliens is sufficient to violate federal law.

(Continued on page 22)

Alabama School Boards • Fall 2011 21

Alabama Immigration Law Continued from page 21

The answer to this question is clear if the analysis is limited to the result under the 14th Amendment, as it was in Plyer.

The Plyer decision rested upon the notion that the 14th Amendment itself prohibited a school from intentionally and expressly excluding unauthorized aliens. After Plyer, it is clear schools cannot engage in such activity. However, under several longstanding court decisions, laws that present a mere “disparate impact” do not violate the 14th Amendment. Board of Trustees of University of Alabama v.

Garrett, 531 U.S. 356, 372-73 (2001).

Under these decisions, the 14th Amendment is not violated unless a law directly authorizes discrimination. Thus, since the Alabama law lacks any provisions directly excluding aliens, it probably does not violate the 14th Amendment.

The U.S. Department of Justice appears to recognize this as well, since its recent letter merely cites the Plyer case for the proposition that “the undocumented or non-citizen status of a student (or his or her parent or guardian) is irrelevant to that student’s entitlement to an elementary and secondary public education.”

Apart from the 14th Amendment, the bill may be unconstitutional under Art. I, § 8 of the Constitution if it usurps the federal government’s exclusive power to enforce immigration policy. That is exactly what the Department of Justice contends in its recent lawsuit. Still, even assuming the bill does not violate the Constitution by denying enrollment to unauthorized aliens or by interfering with federal immigration policy, a number of other federal laws and regulations proscribing national-origin discrimination may conflict with the bill. Among the relevant laws are Title IV of the Civil Rights Act of 1964, 42 U.S.C. § 2006-c; Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d; and the Equal Educational Oppor-

tunity Act of 1974, 20 U.S.C. § 1703.

Only litigation will definitively determine whether the bill is actually in conflict with these federal laws. However, there is cause for concern with respect to regulations promulgated under Title VI of the Civil Rights Act. Title VI applies to any state program receiving federal financial assistance, but that includes most (if not all) public schools within the state of Alabama. Title VI outlaws discrimination based on race, color and national origin, and a section of the law allows federal agencies to issue regulations to carry out the law’s directives. The U.S. Supreme Court in Alexander v. Sandoval, 532 U.S. 275 (2001) issued an opinion in which it assumed that this regulatory authorization permitted federal agencies to proscribe not just racially discriminatory actions, but also methods of administration which have the effect of discriminating against members of a particular national origin “in determining the type of services which will be provided or the class of individuals to be afforded an opportunity to participate.”

42 C.F.R. § 42.104(b)(2). In other words, regulations under Title VI appear to prohibit the precise sort of “disparate impact” discrimination that the Alabama Immigration Law arguably creates.

There is good news and bad news arising out of this realization. Court decisions have held that private citizens cannot sue to enforce these regulations, so schools probably will not be inundated with private lawsuits alleging violations of Title VI. Camellia Therapeutic Foster Agency, LLC v. Alabama Department of Human Resources, 2007 WL 3287342, at * 3 (M.D. Ala. Nov. 5, 2007). Furthermore, there is some residual controversy as to whether the regulation is valid and consistent with the statute, and there are legitimate questions as to whether the types of data collection activities mandated by the Alabama Immigration Law actually violate the regulation.

United States of America v. State of Alabama http://media.al.com/bn/other/U.S.%20Justice%20Department%20lawsuit.pdf Departments of Justice and Education letter to schools related to immigration http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201101.pdf 22 Alabama School Boards • Fall 2011

The bad news, however, is that — at least based on present law — both the U.S. Departments of Justice and Education can enforce the regulations. Furthermore, assuming they establish that the mandates in the Alabama law violate the regulations, the remedy available to those departments is to terminate all or part of the federal funding provided to schools who violate the regulations.

There are signs that such action may be on the horizon.

In their recent joint letter, the departments of justice and education take the position that the regulations preclude schools from inquiring into students’ citizenship or immigration status. The departments claim that under the regulations, “districts may not request information with the purpose or result of denying access to public schools on the basis of race, color, or national origin.” This means the departments may attempt institute enforcement action pursuant to their Title VI regulatory authority. If they do, it takes little analysis to demonstrate that the potential consequences for already underfunded Alabama schools could be dire.

Conclusion Of course, the result of any potential enforcement action cannot be predicted.

The departments of justice and education may or may not take action, and if they do, there are arguments to be made that the Alabama law’s requirements fall outside the regulatory proscription. But there are also powerful arguments that the law will result in clear disparate impact discrimination — especially in light of the statements of many legislators who supported and voted for the bill. With all of these uncertainties, however, one thing is plain: many challenges lie ahead for Alabama’s schools, and the potential loss of federal funding as a result of the state immigration law only adds to the list. ■ David J. Canupp practices law with the Huntsville-based Lanier Ford law firm, where he regularly advises governmental entities and schools in the area of civil rights law.

By Dr. Larry E. DiChiara

T

hese are inarguably the most difficult times to be the leader of a school system in the state of Alabama. The statistics and facts are daunting: high poverty levels, extremely low per pupil expenditures, inadequate resources, teacher shortages, proration three years straight and on and on.

Not only do education leaders need to be competent, creative, innovative and strong, they must also be magicians who can pull rabbits out of nowhere. There is nothing magical about superintendents seemingly disappearing in thin air.

Across the country, the average superintendent tenure is a little more than three years. In Alabama today, there are 23 brand new superintendents out of 132 school systems. The average years of experience of all current Alabama superintendents, excluding those who have announced their retirements, is 4.4 years, and 56 percent of the state’s superintendents have been in their current positions less than four years. A superintendent barely learns the ropes before he or she leaves either voluntarily or involuntarily. This does not bode well for the troops being led into the battle of their lives by a leader who has not been around long enough to be considered battle tested or ready.

The big question that must be asked is, “Why are superintendents leaving?” There are numerous reasons — reasons I’ve gathered from my own experiences as well as copious conversations with superintendent colleagues who have either considered “getting out” or who have already left.

Of course, superintendents leave due to the obvious reasons: retirement, non-renewed contracts, lost elections, family or health issues and to pursue other employment. But, they also leave due to political pressure, fiscal instability, burnout and because they are tired of micromanagement, controversy, constantly swimming upstream and finding themselves the scapegoat for issues beyond their control. The superintendents often make very unpopular, yet very accurate and responsible decisions that may bring grief or jeopardize their employment.

24 Alabama School Boards • Fall 2011

photo©bigstockphoto.com

One very interesting and constant theme that I see and hear from colleagues is that much of their stress and grief comes from the numerous times they stood on principle or insisted on doing the right things for kids. I have heard horror stories over my 30-year career of the superintendent who got fired because he refused to make a recommendation contrary

Years of Service for Current Superintendents (SSA, 2011) 3%

5% 15%

56% 21%

■ ■ ■ ■ ■

15+ or More Years 10+ to 15 Years 7+ to 10 Years 4 to 7 Years Less than 4 years

to a majority of the school board; the superintendent that angered the mayor and was later fired when the mayor dismantled the school board and stacked the deck; the superintendent who was not re-elected because he fired the popular principal or football coach who was insubordinate or neglected his or her duties; or the superintendent who was not reappointed or re-elected because of the unpopular decision to close a few schools or layoff some personnel in order to make ends meet.

If there is one thing I have learned in 30 years as a teacher, coach, principal, central office administrator and superintendent, the admirable qualities that help propel educators to the superintendency are the same ones they continue to exhibit throughout their tenure as a superintendent — oftentimes to their detriment.

Let me explain. Most superintendents I know are principled leaders.

They are smart, competent, innovative, possess excellent people skills, have integrity and genuinely care about teachers, administrators and, most importantly, the kids. They gen-

uinely and routinely make very tough decisions based on doing the right thing or doing what is ultimately in the best interest of the children.

Unfortunately, we are often faced with moral dilemmas that force us to make a choice between doing the right thing or doing what might help us keep our jobs. In my own experience, I have always chosen to do what is right, not what is politically expedient. This has caused great grief to me and my family. I have chosen to hang in there and fight the good fight — for the kids. Many superintendents throw their hands up in the air, pack their bags and simply say that they have had enough and would rather leave the profession rather than compromise their character or integrity. And to be fair, there are some superintendents that simply do not do a good job and their contract termination may be justified.

So, what is my message for school board members?

• Inexperience is not what we need leading our schools during these tumultuous times. Nurture and hold on to your effective superintendents if at all possible.

• Let superintendents do their job as they have been trained and educated to do, but hold them accountable.

• Respect their decisions and openly support them during times of tough decision-making.

• Help keep politics and personal agendas out of the equation. The issues are complex enough as it is.

• Finally, understand that if you force a superintendent to choose between doing the right thing or what is politically expedient, you are setting him or her on a course to leave your school system very soon. And that would be a shame.

Dr. Larry E. DiChiara is completing his 30th year of education in Alabama and has served as superintendent of Phenix City Schools for seven years.

Retain Effective Superintendents A survey of Colorado superintendents, A Candid Look at Today’s Superintendents (www.dkfoundation.org), suggests “the relationship superintendents have with their school board can ‘make or break their success.’ The report offers tips boards can use to recruit and retain effective superintendents. See page 26.

■

Focus on the “big picture” issues, policymaking and holding the superintendent accountable for day-to-day operations. Don’t micromanage.

■

Create opportunities to discuss the roles of policymakers and superintendents.

■

Provide/attend teamwork seminars for board members and superintendents that result in mutual feelings of respect, a sense of efficacy in their work and improved conflict management.

■

Communicate, communicate, communicate.

■

Understand the crucial leadership role of the board president, particularly when it comes to refocusing the board.

■

Hold each other accountable.

■

Encourage mentorship and coaching opportunities for superintendents.

■

Ensure there is a process that nurtures talent to grow leaders from within the ranks.

■

Develop succession plans well before a superintendent retires.

DID YOU KNOW?

56

superintend% ofentsAlabama’s have been on the job for less than four years.

— 2011 School Superintendents of Alabama Longevity Report

Alabama School Boards • Fall 2011 25

BOARDMANSHIP BASICS

By Susan R. Salter, Director of Board Development

LET YOUR LIGHT SHINE Question:

S

ure, it’s a little simplistic, but the adage makes a point that can be easily lost in board members’ zeal to roll up their sleeves and lead: Effective school boards govern from 30,000 feet — not the trenches. From that vantage point, boards can see the “big picture” emerge and shift and can see the issues on the horizon in time to head off problems. In short, taking the long view enables boards to keep their eyes on the prize of higher student achievement.

That all sounds well and good, but what does that look like in the world? How does a school board extract itself from tasks that leech its time (or worse, ones that are outright micromanagement) and focus on activities that genuinely result in better outcomes for students? The answer is actually simple: stay within the framework. There are eight board work areas identified by the National School Boards Association’s Key Work of School Boards.

These work areas are based on research with effective school boards and help school boards refocus their energy on the work that matters.

In its groundbreaking Lighthouse research, the Iowa Association of School Boards identified five board roles that appear to answer the question, “What do high achieving school boards do differently?” They are: • Set clear expectations.

• Create the conditions for success by aligning resources, staying the course and working effectively with the superintendent.

• Hold the system accountable for meeting expectations.

• Build public will.

• Learn together as a board team.

26 Alabama School Boards • Fall 2011

photo©istockPhoto.com

How many board members does it take to change a light bulb?

Answer: None.

The board’s job is to say, “Let there be light.”

The superintendent’s job is to choose the best light bulbs and delegate a staff member to install them. Then, the board determines if the light shines bright enough.

Not surprisingly, these roles all fall within NSBA’s Key Work framework. Thus, school boards can ratchet up their impact on the things that matter by tackling the Key Work tasks:

Create a vision centered on raising achievement.

Vision isn’t about where a school system’s schools are. It’s about where the board and community want them to be. It gives staff, parents and the community a sense of direction, an understanding of what’s possible for students. Plus, it gives all stakeholders something to rally around (in Lighthouse terms, this helps fulfill the board’s role of building public will).

Boards that don’t have a vision for the school system should work with the superintendent, employees, parents, area leaders and other stakeholders to develop it. And while they’re at it, they should be sure the discussion includes efforts to identify the community’s core values about education. “Core values” answer the question, “What does the community believe it means to be a well-educated graduate.”

Throughout these discussions, broad public and staff input will be essential. First and foremost, it helps ensure buy-in. But just as importantly, it gets stakeholders talking positively about what the community wants for its children. That, in turn, can lead to commitments from the community to work toward helping the schools accomplish the mission.

Set standards that outline what students should know and be able to do.

Closely linked to development of the vision, goals and values, standards set expectations for students and faculty by

defining the level of performance required at various benchmark grades and by graduation.

In Alabama, standards are set at the state level (including recent adoption of the national Common Core State Standards for mathematics and English language arts). But, the board and superintendent have the option to require more. The board should ask itself if state standards reflect the community’s core values. Do they go far enough? And, if not, what more should be expected of students?

Once the vision, values and standards are in place, the board, superintendent and system leadership team will need to study achievement data together, identify the area of greatest learning need and set measurable goals (in Lighthouse language, “set clear expectations”) for addressing them. Remember, the board won’t choose instructional programs but rather define where the system needs to go and how long it has to get there.

Assess progress regularly.

While it’s true that weighing the cattle don’t make them fatter, weighing academic achievement regularly is critical to the board’s ability to hold the system accountable. Quality data on student progress helps the board accurately report its status to the community (in Lighthouse terms, “hold the system accountable” and “build public will”). It also helps the board and leadership team determine which programs and schools are working and which aren’t. But assessments are only valuable if the results are used. The high-achieving school boards studied in the Lighthouse research were found to relentlessly use data in their decision making. They knew the status of achievement in their system and what was being done to address the weaknesses. Does your board?

Align system resources with the vision and goals.

Alignment has to do with matching resources with stated goals. In Lighthouse terms, this is part of creating the conditions for success. If the board is not allocating adequate resources to things it says are important, the public and staff will quickly figure out what the “real” priorities are and act accordingly. Suppose, for example, the board has set the expectation that all students will read on grade level by the end of third grade. Has it allocated money for training for the K-3 teachers? Has it asked the superintendent if the curriculum is adequate to accomplish the goal? Is additional staffing (reading coaches, mentors, etc.) needed?

A word of caution, however. Boards should guard against getting too deep into administrative territory here. The board will make alignment a priority, discuss options brought by the superintendent and work with him or her to choose the most productive options for the school system. But, the superintendent chooses curriculum, recommends staff and staffing levels and keeps the board apprised of budget issues that could be implicated in decisions.

Ensure the system’s climate is good for kids and adults.

Climate is the human dimension of school systems. It is how students and staff are treated, whether they feel safe and respected, whether all students are expected to learn (and treated as if they can), whether teachers feel empowered to do their jobs effectively, how students and staff feel about the facilities they learn and work in and more. It has an enormous impact on student achievement, employee morale and the overall success of your school system.

(Continued on page 30)

Hold the system accountable.

This is one of the school board’s most critical roles. But remember, accountability isn’t just assigning blame and punishing employees. Rather, the board and the superintendent together must analyze the data, determine what works and what doesn’t and then require that changes (large or small) are made where needed.

Among the questions the board may ask to achieve greater accountability are: • How often does the staff review disaggregated data with the board and make recommendations?

• How often should progress and challenges be reported to the public?

• How does the board publicly recognize success?

• What is done to help parents understand test results?

• How does the superintendent ensure principals are using individual teachers’ data to hold each teacher accountable?

• Are faculty and administrators receiving the training, materials and programs they need to accomplish the mission?

As board teams work, they should strive to balance that pressure to achieve with support for the efforts. Apply too much pressure and employees quickly learn that the harsh consequences of failure are not worth the risk when it comes to trying innovative approaches.

GET THE BOOK The National School Boards Association provides an array of tools for school boards to use in following the Key Work framework at www.nsba.org/keywork.

The material includes detailed discussions of each area, links to additional resources and research and training materials.

NSBA also offers a Key Work of School Boards Guidebook that includes numerous resources such as lists of questions your board should ask as it works in each of the key work areas and self-assessments to help you gauge where you are now. In addition, the guidebook includes tactics for surviving and thriving in this era of public accountability; suggestions for using data to inform decision making at all levels; and case studies on school systems that have successfully used Key Work concepts to advance student achievement.

Call 800/562-0601 (in-state) to order the most recent edition of Key Work for only $20, or attend the June 23-24, 2012, Roles and Responsibilities Orientation for new school board members to receive a free copy.

Alabama School Boards • Fall 2011 27

LIVE BY THE PRESS, DIE BY THE PRESS

By Brad Hughes

E

lected officials, local and otherwise, have a responsibility to listen and respond to constituents. One way to do that is through the news media. It’s certainly not the only way. An old saying, “If you live by the press, you die by the press,’ means don’t depend on the news media to deliver your message the way you want it delivered to the people you want it delivered to.

Yet, board members should be skilled in fielding press inquiries. So, here are my recommendations: Know that it’s an individual decision, not a board edict. Some reporters will come directly to the board’s chairman for comments. Some boards elect to have the chairman be the spokesman. That’s a choice, not a binding rule. As it takes a majority vote of the board to act, it shouldn’t surprise anyone when reporters try to find out how at least a majority of the board is leaning on an issue.

Just as there is no statute, policy or common practice requiring individual school board members to give interviews, there is no common good achieved by a ban or collective limitation on media contacts, either. Such attempts would be met in many quarters with a cry about free speech. Others may challenge who gave even a majority of the board the right to silence a member equally elected to represent the community.

Be clear about speaking for yourself, not for the board. Too often, the quoted remarks of a single school board member are misinterpreted (and, yes, sometimes misrepresented) as the thinking and/or direction of the full board. I also have no doubt that there are times when a single board member wishes to appear to speak for the board. But just as a single board member may not direct any action, no single board member should attempt to speak for the full board — with one exception. When the board has acted and questions arise, it’s fine for the board chairman to field questions on why the decision was made. That’s OK even if the chairman is only speaking for the majority in a split decision, as long as he or she clearly acknowledges other viewpoints in those votes on the other side.

In short, if you’ve got something to say, speak for yourself and make it clear that you’re offering one board member’s opinion.

Consider when you should speak out. Any longtime observer of elected legislative bodies, including school boards, has seen the outspoken member. It may be a member who frequently opposes the majority or the superintendent, the mayor or the governor.

It may also be a member whose passion comes through less 28 Alabama School Boards • Fall 2011

frequently but no less forcefully on this issue or that issue.

Yet, just as it may be argued that there is a time when the greater good is served by speaking out, it’s equally true that there is a time when continued criticism fails to serve anyone. Before the board acts, it’s appropriate for members to raise issues and challenge answers. When the board votes, it’s appropriate to explain why each member made his or her decision. But after the action is completed, consider whether you are helping the students, the school system, the board and the community by continuing to criticize, challenge or condemn.

Understand the power of a ‘Yes” vote. Here are a couple of truths to chew on. More people in public office tend to explain their “no” votes than their “yes” votes. Yet, there are far too many times when an opportunity to inform the public is lost by those who just want to decide and move on. And reporters are more likely to seek out a person who voted “no” for an explanation, but not pose the same question to the voting majority.

Frequently, school boards act on the recommendation of the superintendent. On the tough decisions, the superintendents become lightning rods for criticism right along with school boards.

So, when board members go along with the superintendent, regardless of whether the vote is split or unanimous, someone needs to speak up to the community and say, “This is why we made this decision.”

The Last Word. There is a time to speak up and a time to keep your mouth shut. In this, school board membership is little different than membership in a church congregation, a workplace team or even the family dinner table. In each of those cases, every person has something to contribute. Choosing when to make that contribution — when to or whether to speak up — is sometimes a very personal decision.

Elected officials, including school board members, must go beyond membership and participation in decision making. They accept a responsibility — not mandated in law but expected by many voters — to inform the represented public on the hows and whys of those decisions. That’s a responsibility that, if unfulfilled, can contribute to one joining the ranks of ex-school board members.

■ Brad Hughes is the director of member support services at the Kentucky School Boards Association. Reprinted with permission from the Kentucky School Advocate.

SAVE ENERGY, SAVE MONEY

By Buster Smith

G

ymnasium lights are rarely turned off intentionally. They stay on for extremely long hours. I realized that several years ago as a member of the not-for-profit Alabama Retirees Technical Advisory Group. I was part of a team that was piloting a trainthe-trainer course in energy efficiency for K-12 teachers at Muscle Shoals High School. ARTAG, headquartered at Northwest Shoals Community College, is comprised of retired educators, engineers, scientists and other professionals and has been conducting waste reduction assessments and energy audits for schools for more than 15 years. At that time, my ARTAG team was teaching sessions at 6:30 a.m. and 3:30 p.m. to accommodate the Muscle Shoals High School teachers’ schedules.

At 6 a.m., as I drove to the high school, it was still dark. I remember seeing the silhouette of the gym with its lights glowing through the dark, a throwback to the Clint Black song “Lights Are On, Nobody’s Home.” Subsequent trips across North Alabama to perform energy audits or teach energy efficiency courses confirmed that many unoccupied high school gyms — like the man-eating plant in “Little Shop of Horrors” movie — were feeding costly energy to those brightly burning lights. They were shining symbols of energy waste, consuming electricity for 12 to 16 hours a day (feed me … feed me … feed me).

Today, ARTAG’s chosen mission is to eliminate those energyconsuming, unoccupied monster gyms. New lighting technology has lower wattage, longer life, high output and quality light.

There are even sensors that activate the lights when the gym is occupied. The cost of using these energy-saving lights could be as low as 40 percent of the cost of operating the ever-on, 400watt metal-halide lamps used in most gyms.

In these challenging economic times, school systems are looking for ways to conserve resources and reduce costs. Many have found it beneficial to have a third party provide assistance in identifying ways to conserve energy, reduce waste and improve operational practices. ARTAG provides assistance at no cost for schools in the Appalachian Regional Commission region of Alabama. The commission has awarded ARTAG a grant, most of which is directed toward assisting schools. The grant includes funds to assist schools in accessing a zero percent interest loan available from the Alabama Department of Economic and Community Affairs for energy efficiency and conservation improvements; to develop energy efficiency demonstration projects; and to offer a Train-The-Trainer in Energy Efficiency Project, which ARTAG initiated in 2009.

Unfortunately, few school systems take advantage of the zero percent interest Local Government Energy Loan Program. They

ARTAG staff assisted Greensboro High School with securing funding to purchase 21 fixtures for its gym which saves the school about $2,100 in energy costs.

may either be unaware of the loan or may find the process too cumbersome to undertake. That’s where ARTAG can help.

The loan makes money available for lighting retrofits; heating ventilating and air conditioning equipment upgrades; infiltration prevention such as insulation and double pane windows; and other energy efficiency and conservation measures. The maximum loan amount is $350,000 per school campus and $500,000 per school system. The term of the loan is 10 years or less and can be repaid from energy savings. School systems are responsible for the costs associated with establishing eligibility for the loan, applying for the loan and completing the annual energy use report.

Alabama’s 37 Appalachian counties are Bibb, Blount, Calhoun, Chambers, Cherokee, Chilton, Clay, Cleburne, Colbert, Coosa, Cullman, DeKalb, Elmore, Etowah, Fayette, Franklin, Hale, Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Limestone, Macon, Madison, Marion, Marshall, Morgan, Pickens, Randolph, St. Clair, Shelby, Talladega, Tallapoosa, Tuscaloosa, Walker and Winston.

The Appalachian Regional Commission, a federal-state-local partnership created to promote economic growth and improve the quality of life in the Appalachian Region, has provided funds to ARTAG for eligible schools and systems. ARTAG invites all schools to take advantage of the experience and information it has gained from assisting schools and systems with the Local Government Energy Loan Program.

■

FREE ASSISTANCE Contact the Alabama Retirees Technical Advisory Group (256/627-6288 or 256/710-2042) to find out how schools in parts of Alabama served by the Appalachian Regional Commission can receive free assistance with: • A zero percent interest loan available from the Alabama Department of Economic and Community Affairs for energy efficiency and conservation improvements (up to $350,000 per school and $500,000 per system); • Energy efficiency demonstration projects; and/or • Participation in ARTAG’s Train-The-Trainer in Energy Efficiency Project.

Find a link to ADECA’s Local Government Energy Loan Program at http://www.adeca.alabama.gov/Energy or call 334/242-5100.

Buster Smith is on staff with the Alabama Retirees Technical Advisory Group. Contact him at bustersmith@nwscc.edu. You may also contact Robert Mitchell, rmitchell@nwscc.edu, or Liz Anderson, landerson@nwscc.edu.

Alabama School Boards • Fall 2011 29

Boardmanship Basics: Let Your Light Shine

AT THE TABLE

Continued from page 27

The board can impact climate in numerous ways, including fostering a culture that makes clear all children can learn at higher levels; approving and monitoring programs to meet the needs of low-achieving students; monitoring employee morale and addressing issues; recognizing and rewarding student and staff successes; requiring periodic assessment of the system climate; modeling respect and professional behavior; and keeping achievement as the focus of board meetings.

Tracy Estes School Board Winfield City Board of Education

Collaborate with stakeholders.

Hometown Winfield How long have you been a board member? 14 years Books at Bedside Holy Bible, Storm Warning by Billy Graham and Final Summit by Andy Andrews, along with numerous travel magazines.

Inspiration Hope. Knowing the Good Lord is in control encourages me to push forward even in the hardest times.

Motto as a Board Member Quiet service through humility. If the board is doing its job properly, there is little reason for fanfare. When a system is operating smoothly, there should rarely, if ever, be a reason for children or their parents to be reminded the school board even exists.

Walter Mitty Fantasy Live a long, healthy life, watching my children and future grandchildren grow and mature in their Christian faith while growing old with my loving wife.

Advice to New Board Members Behind-the-scenes commitment. Never shy away from your responsibility, but remember you were not elected/ appointed to oversee daily operations.

Greatest Accomplishment as a Board Member Fundraising for projects, trying to serve every family in our district, but most importantly, loving all 1,300 schoolchildren as if they were my own.

Work to continuously improve.

Pet Peeve as a Board Member Board members who believe they should be the center of attention. I have been blessed to avoid serving with such members. Board service only works smoothly when everyone around the table pulls together to serve the children of the district. Remember these four words: “It’s not about me.”

Reason I Like Being an AASB Member Board service has afforded me the opportunity to serve the community where I was born by serving what many view as our most important asset — our school system.

My Epitaph Here lies a man who spent a lifetime chasing after his Heavenly Father’s heart all the while running on his knees.

30 Alabama School Boards • Fall 2011

How does the board view stakeholders? Are they customers purchasing a service with their tax dollars? Or, are they owners with a shared responsibility for providing children a quality education? In high-achieving school systems, school boards expend great effort building public will for change and making connections with the community. That means going beyond simply asking the “customers” what they want. It means treating stakeholders as owners: brainstorming what is possible, getting them actively engaged in solving problems and really listening to their ideas. In short, it means forging solid, mutually respectful relationships, so stakeholders embrace their role. For boards and administrators alike, this can be daunting because it also means giving up an element of control.

The board can start by modeling engagement and setting expectations, so building-level administrators will follow suit.

A good first steps are to choose a key achievement challenge and reach out to various groups or organizations that either have the resources to help or have a stake in the outcome. Put together a task force or stage a series of community conversations around the issue to generate ideas, and ask attendees for a commitment to help before they leave. By making it a habit to address issues in these ways, the board can, over time, shift people’s mindset from that of disengaged consumer to fully engaged owner.

■

It goes without saying, but the school board’s work is never done. NSBA deliberately depicts the Key Work framework as a circle because the board must revisit each work area, some of them at scheduled intervals and others almost continuously. Consider the Lighthouse research showing that high-achieving school boards use data relentlessly. At each phase of the board’s Key Work, effective boards monitor their work’s impact. Where outcomes are positive, they look for ways to ramp up. And where they’re not, they study the data to find out why. They identify the causes, make adjustments when possible and change course when necessary.

■ Susan Salter is AASB’s director of board development.

For more information, contact Susan at 800/562-0601 or ssalter@AlabamaSchoolBoards.org.

Alabama Association of School Boards

Professional Sustaining Members

A Partnership That Works!

AASB appreciates these professional members for supporting association activities and you all year long.

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Alabama School Boards • Fall 2011 31

Alabama Association of School Boards Post Office Drawer 230488 Montgomery, Alabama 36123-0488

Non-Profit Org. U.S. Postage PAID Montgomery, AL Permit No. 34