Summer 2021 UPDATE

update

LEGAL ISSUE / SUMMER 2021

INDISPENSABLE TOOL for SCHOOL BUSINESS MANAGEMENT

Employee Leaves

Title IX

COVID Vaccines

COVID Regulations

Special Education

Social Injustice & Equity

NOW WHAT?

NAVIGATING NEW LAWS AND POLICIES

Stand out from the crowd and share your school business competencies!

Micro-Credentials allow you to demonstrate your knowledge in a specific subject area to earn a sharable badge that you can proudly display on your resume, email signature and social profiles.

Two new Micro-Credentials are now live!

COLLECTIVE BARGAINING

LEADING FOR HEALTH, LIFE, SAFETY

TAX LEVY

Visit www.iasbo.org/microcredentials for more information.

INSIDE

Illinois Association of School Business Officials UPDATE Magazine / Summer 2021 / v.29 / i.04

LEGAL ISSUE

THE NEXT ISSUE: FACILITIES

What it takes to lead facilities in 2021 and beyond.

Legal Considerations in Mandating Employee Vaccination Get a full explanation of school districts’ authority to mandate employee vaccination and the constraints affecting that authority.

Cover Story by Joseph J. Perkoski and John “Jack” Klinker

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LOOKING FOR PAST ISSUES?

Visit ISSUU.com and search for Illinois ASBO.

Making Sense of Employee Leaves The pandemic has added layers of complexity to employee leaves, with collective bargaining agreements, ever-changing statutory leaves and the uniqueness of each situation.

By Sara Boucek

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www.iasbo.org

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Hitting the Moving Target of Title IX

PERSPECTIVE

FROM-THE-PODIUM

The Seasons of Leadership. 07

It may sometimes feel like trying to hit a moving target, but with the right approach, your school or district will be well prepared to hit the Title IX mark in 2021 and for years to come.

By Jackie Gharapour Wernz

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FROM-THE-OFFICE

Reflect on the Past, Look Forward to the Future. 09

FROM-THE-FIELD

Your Go-To Resources for School Management. 11

Social Injustice & Equity in Schools School business officials are in a unique position within the school community to financially guide district leadership and school boards toward decisions that may lead to greater equity.

By Tamara L. Mitchell

SCHOOL BUSINESS 101

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Pandemic Staffing Challenges and Solutions.

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Butler SD 53 and Gower SD 62 have offered full-day, in-person learning since August in a safe, healthy, secure environment. It was not a matter of “if” the districts would reopen buildings, but a matter of “how” it would be done.

By Dr. Paul O’Malley and Dr. Victor Simon III

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Illinois ASBO Past President Susan Harkin will be on the ballot in September for Vice President of ASBO International! Learn about Susan’s resume of service, passions, campaign travels and how you can support her this September.

RESOURCES

40 Special Education Litigation: Frequency & Trends in Illinois Special education litigation, which is generally conducted at the administrative level, has become an increasingly complex, lengthy and expensive process over the decades.

By Teri E. Engler

ON MY LIST

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Learn about honoring the everyday hero in this book review from Marcus LaPointe. 45

The Final Word Linda Jeffers

Business Manager, CSBO Indian Springs SD 109 Linda believes that as school business officials, part of the job is to make sure districts are on the “right side of the law.” The biggest challenges are keeping up with new legislation affecting school operations and the time and resources consumed by compliance.

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THE MAGA ZINE Illinois Association of School Business Officials

CALENDAR OF

Northern Illinois University, IA-103 108 Carroll Avenue DeKalb, IL 60115-2829 P: (815) 753-1276 / F: (815) 516-0184 / www.iasbo.org

EVENTS

UPDATE Editorial Advisory Board

Check out www.iasbo.org or the latest Calendar of Events included in the UPDATE mailing to see full seminar listings including location, PDC sponsorship and registration information.

July 2021

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August 2021

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W T F S 30 1 2 3 7 8 9 10 14 15 16 17 21 22 23 24 28 29 30 31 4 5 6 7

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W 28 4 11 18 25 1

T 29 5 12 19 26 2

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September 2021

October 2021

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S 26 3 10 17 24 31

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Event

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Date

Time

7/21/21

8:00am

Emerging SBO Summit

7/22/21

2:00pm

PDC Networking Meeting/New Connections Happy Hour

7/28/21

9:00am

ISDLAF+ School Finance Seminar: Virtual

9/9/21

6:00pm

2021 Presidents’ Gala

Lisle

9/21/21

8:00am

SupportCon South

TBD

9/22/21

8:00am

Facilities Operations Program: Essentials of Facilities Management

10/1/21

TBD

PDC Networking Meeting

10/20/21

8:00am

Facilities Operations Program: Essentials of Maintenance Operations

12/3/21

8:00am

SupportCon

Location Naperville TBD Online

Arlington Heights TBD Arlington Heights Schaumburg

PDC MEMBERS Jacquelyn Bogan Special Education: Admininistration & Finance Amy Curtin Accounting Auditing & Financial Reporting Yasmine Dada Principles of School Finance Todd R. Drafall Public Policy, Advocacy & Intergovernmental Relations Todd Dugan Technology Timothy J. Gavin Budgeting & Financial Planning Raoul J. Gravel III, Ed.D. Communications Frances A. LaBella Legal Issues Daniel R. Mortensen, CPMM Planning & Construction Thomas M. Parrillo Purchasing Sherry L. Reynolds-Whitaker Ed.D. Human Resource Management Brian Rominski CPMM, CPS Maintenance & Operations Anthony Ruelli Leadership Development Lyndl A. Schuster Ed.D. Sustainability Mark E. Staehlin Cash Management, Investments & Debt Management Justin D. Veihman Risk Management Laura L. Vince Food Service BOARD & EXTERNAL RELATIONS MEMBERS Mark W. Altmayer President Lisa Yefsky SAAC Chair STAFF MEMBERS Michael Jacoby Executive Director / CEO (815) 753-9366, mjacoby@iasbo.org Susan P. Bertrand Deputy Executive Director / COO (815) 753-9368, sbertrand@iasbo.org Craig Collins Statewide Professional Development Coordinator, (630) 442-9203, ccollins@iasbo.org Rebekah L. Weidner Senior Copywriter / Content Strategist, (815) 753-9270, rweidner@iasbo.org Stacia Freeman Graphic Designer (815) 753-9393, sfreeman@iasbo.org Kevin Nelligan Graphic Designer (815) 753-7654, knelligan@iasbo.org Laura Rude Communications Coordinator (815) 753-4313, lrude@iasbo.org

Illinois ASBO Board of Directors

Mark W. Altmayer President Jan J. Bush President-Elect Eric DePorter Treasurer Dean T. Romano, Ed.D. Immediate Past President 2018–21 Board of Directors Seth Chapman, Ed.D., Angela M. Crotty, Ed.D., Adam P. Parisi 2019–22 Board of Directors Maureen A. Jones, Tamara L. Mitchell, Nicole Stuckert 2020-23 Board of Directors Anthony R. Arbogast, Edward J. Brophy, Patrick McDermott, Ed.D., SFO

Illinois ASBO Board Liaisons

Lisa Yefsky Service Associate Advisory Committee Chair Charles L. Czachor Service Associate Advisory Committee Vice Chair Deborah I. Vespa ISBE Board Liaison Perry Hill IASB Board Liaison David Wood Governmental Relations Specialist

Privacy Policy

All materials contained within this publication are protected by United States copyright law and may not be reproduced, distributed, displayed or published without the prior written permission of the Illinois Association of School Business Officials. You may not alter or remove any trademark, copyright or other notice from copies of the content.

References, authorship or information provided by parties other than that which is owned by the Illinois Association of School Business Officials are offered as a service to readers. The editorial staff of the Illinois Association of School Business Officials was not involved in their production and is not responsible for their content.

For a Complete Listing of Upcoming Events Visit: www.iasbo.org/events/calendar

PERSPECTIVE / Board President

FROM–THE–PODIUM The Seasons of Leadership Welcome to the Summer 2021 UPDATE! This issue is dedicated to legal issues, with a theme of “Now What? Implementing New Laws and Policies.” I would like to give a quick thank you to the authors within this issue who have taken the time to share their expertise.

Reflecting on the huge feat of returning to school and our staff receiving the vaccination, and the “Now What?” issue theme, I am reminded of one of my favorite proverbs, “No matter how long the winter, spring is sure to follow!”

Mark Altmayer CFO/ TREASURER After 12 months of persistent change, it is encouraging to witness that resiliency stands tall HUNTLEY CSD 158 and people continually find new ways to adapt in our business. This pandemic has taught us to expect the unexpected. Before the pandemic, we may have found ourselves in a world of structure, a cycle of processes and procedures and following ISBE’s methodical school calendar of monthly requirements. While in this humdrum, we as leaders may have forgotten to notice that we live in a world that is constantly changing. However, this pandemic has equipped us to be strategic, lenient, flexible and goal oriented.

SIMPLY SAYING

This pandemic has equipped us to be strategic, lenient, flexible and goal-oriented.

I hope this spring the promise of hope awakened your senses. I come back to that proverb and think about leadership in terms of “seasons.” I recently read one of John Maxwell’s blogs, where Mark Cole notes the following: If you consider leadership from a farmer’s perspective, the priorities of our farms depend on the season.

• Spring is for planting • Summer is for maintaining • Fall is for harvesting • Winter is for recharging

organizations in the game, we must prepare. The success of the team/organization depends on the preparation of the leader. Just like for the farmer, the best harvest will come after a well-prepared spring. I hope you put in your best efforts during this spring planting season.

As we enter the summer season, it is a time to maintain what we planted this spring. If you want to be successful in reaching your goals, make time this summer to rejuvenate, remember your “why,” take advantage of the opportunities presented to you and stay #IASBOStrong!

Looking through this leadership lens, spring was the season for plowing the field and planting the seed. Plowing means preparation. As leaders, before we can put our teams and

www.iasbo.org

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Illinois ASBO Presidents’ Gala Save the Date!

Thursday, September 9, 2021 The Morton Arboretum Join fellow Illinois ASBO members to network, enjoy the scenery and support the Illinois ASBO Foundation! Get inspired by the legacy of Illinois ASBO leaders at this annual celebration of the profession.

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PERSPECTIVE / Executive Director

FROM–THE–OFFICE Reflect on the Past, Look Forward to the Future Mark Twain once said, “No man’s life, liberty or property are safe while the legislature is in session.” This certainly rings just as true for schools as it does for taxpayers in Illinois.

Each year, thousands of new bills are filed and discussed by legislators. Unfortunately, our most common position on these bills ends up being in opposition against new laws and reform initiatives because we are constantly battling against the erosion of freedom to make decisions at the local level regarding the instructional and operational elements of delivering educational services to students.

Each year our legislature and governor engage in a dangerous dialogue regarding schools.

We go through a regular season we call a legislative session where new bills are introduced,

Micheal A. Jacoby, Ed.D., CAE,SFO EXECUTIVE DIRECTOR/ CEO ILLINOIS ASBO

SIMPLY SAYING

It has been a challenging year for many school and corporate leaders and some semblance of normal will be welcomed by all. passed and signed in the form of “mandates” on schools.

Beyond Illinois, we see increased influence from federal legislation and policy as well. Especially this fiscal year with ESSER I, II and III (ARP), your role in discerning how to respond to regulations and plan for the use of these funds has become nearly an everyday part of your job.

The COVID-19 Pandemic impacted not only children, but employees and now requires employers to be totally up on legal issues around employee leaves, vaccinations, HIPPA rules regarding employees and a community that wants more and more transparency around the health of their teachers and others in the school environment.

equity. This will certainly be an ongoing topic of critical importance in your schools as well as in Illinois ASBO.

This issue of the UPDATE Magazine has some reflective articles on how to respond to some of these new laws, regulations and national issues impacting education.

Finally, here is hoping that we are moving from “Pandemic” to “Endemic” soon! It has been a challenging year for many school and corporate leaders and some semblance of normal will be welcomed by all. For encouragement, let me leave you with this last quote from one of my favorite authors, Charles H. Spurgeon, “Nothing reflects so much honor on a workman as a trial of his work and his endurance of it.”

The magazine features a reprinting of an article that appeared in ASBO International’s School Business Affairs written by Tamara Mitchell. Tamara is a current Director on the Illinois ASBO Board and is a key member of our newly formed Diversity, Equity and Inclusion Steering Committee.

Take an opportunity to contemplate her article focused on

Plus, do not miss our spotlight on Susan Harkin.

Susan is running as our candidate for ASBO International Vice President. If you are not currently an ASBO International member, now is the time to join and get behind Susan in the election this fall.

ASBO International’s conference is in Milwaukee this October, so take advantage of an opportunity to join the international school business community right in our back yard.

Persevere with integrity – the trial is almost over! www.iasbo.org

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ASBO INTERNATIONAL ANNUAL CONFERENCE

& EXPO

E

October 13 –16, 2021

MILWAUKEE

REGISTRATION IS OPEN STRATEGIC PARTNERS

asbointl.org/ACE

PERSPECTIVE / SAAC Chair

FROM–THE–FIELD Your Go-To Resources for School Management We all have our go-to person that we reach out to as our subject matter expert. My dad is my home repair go-to, my husband is my reluctant IT guy and my father-in-law is my car guy.

Internally at work I also have my go-to experts for various topics. When I saw the articles in this publication, I thought to myself boy I hope everyone has a good attorney on speed dial!

The cornerstone of what makes Illinois ASBO so great is the next-level networking that is available to all of us. Peer2peer is a great resource no matter the topic you are searching for.

Who better to reach out to than your peers for help? The sessions at our conferences feature subject matter experts who are right here, your fellow school professionals and Service Associates offering their advice and guidance to you.

Lisa Yefsky

AREA EXECUTIVE VICE PRESIDENT ARTHUR J. GALLAGHER & CO.

SIMPLY SAYING

Service Associates want CSBOs to know that we are here for you. We are your trusted advisors – even outside of the Solutions Marketplace.

This past year, not having in-person events has made it more difficult for all of us to make new connections necessary to find the subject matter experts you may be seeking. The 2021 Annual Conference will not include exhibit hall events, so formal or informal networking will look different. Service Associates want CSBOs to know that we are here for you, we are your trusted advisors – even outside of the Solutions Marketplace. As there have been limited opportunities to connect with you this past year, we would love nothing more than to have a conversation about what we do, who we are and what solutions we have.

We appreciate CSBOs taking the time to talk with us, even if you are not currently in the market for the services we provide. We encourage you to get to know us, and who knows, maybe you would pick up a new idea or two for the investment of your time.

conferences. We are here alongside CSBOs as their go-to experts in our field. Most Service Associates are happy to help and provide advice, even if the district asking is not our client. It is part of who we are and how we engage in this community. I personally take it as a compliment when a non-client asks for my opinion.

There is a difference between what makes an individual a Service Associate versus a “vendor.” Service Associates are business partners that truly get involved in the Illinois ASBO community. We join professional development committees, donate our time and expertise and present at

This is my last article as SAAC Chair. It has been my pleasure to serve in this role for the past year. I look forward to continuing to contribute to this amazing organization in the years to come.

To the Service Associates who have yet to get involved in Illinois ASBO on a deeper level, there is no time like the present to become a change–maker. On behalf of the SAAC, we encourage you to get involved in the Annual Conference, join a PDC and to attend social events.

Network with fellow Service Associates as we can help facilitate introductions and offer references. Take the time to make the investment in this community; you’ll be glad you did.

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CONTRIBUTORS

Sara Boucek

Teri Engler

Partner Engler Callaway Baasten & Sraga, LLC

Associate Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd.

Has served the statewide education community most recently as the Associate Director/General Counsel to the Illinois Association of School Administrators (IASA). There, she negotiated thousands of administrator contracts, advised on policy and legislative initiatives, and represented the association on numerous task forces and legislative matters.

For the past four decades, Teri’s school law practice has been concentrated in the areas of special education/disability law and other student issues. She has successfully represented school districts and special education cooperatives throughout Illinois in administrative and judicial proceedings.

Counsels employers in all aspects of labor and employment law, including employee discipline, labor relations, and federal and state employment discrimination matters under the Americans with Disabilities Act, Family and Medical Leave Act, Age Discrimination in Employment Act, Illinois Human Rights Act, Title VII, and other laws.

sara@krihaboucek.com

tengler@ecbslaw.com

jklinker@robbins-schwartz.com

Partner Kriha Boucek LLC

John “Jack” Klinker

Asst. Supt./Business & Financial Services Joliet Public Elem. SD 86

Superintendent Butler SD 53

Dr. Paul O’Malley

Joseph J. Perkoski

Began her career in school business in 2001 as an accounts payable clerk, and from there she moved on to accounting supervisor, internal auditor, assistant business manager and assistant superintendent. She is a graduate of the School Business Management program at NIU and a current Illinois ASBO Board member.

Is a highly experienced school administrator, providing leadership to both large unit districts and small diverse school systems in the Chicago suburban region. He is known for his ability to lead a district through a student-first mindset, committed to ensuring the needs of students are met.

As managing partner, Joseph represents educational institutions and public sector employers with a focus on board and executive leadership.

Joseph also represents his clients on a broad range of labor and employment issues including collective bargaining, grievance arbitration and contract interpretation.

tmitchell@joliet86.org

pomalley@butler53.com

jperkoski@robbins-schwartz.com

Tamara Mitchell

Managing Partner Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd.

Dr. Victor Simon

Jackie Gharapour Wernz

Is a recognized educational leader and school administrator working collaboratively with school communities to develop and empower future school leaders and focusing on keeping school resources aligned with placing every child in a position to reach their full potential. Dr. Simon is keenly aware of the importance of a caring school environment and Social Emotional Learning.

Assists clients with all areas of education law, from labor and employment to student rights and responsibilities to school business and board governance issues. Jackie regularly assists clients with homeless and residency issues, including successfully representing clients in residency and homeless disputes.

vsimon@gower62.com

jfw@franczek.com

Partner Franczek P.C.

Superintendent Gower SD 62

Would you like to be an UPDATE Contributor?

UPDATE articles are brainstormed and solicited through the Illinois ASBO Editorial Advisory Board.

If you have an issue you feel needs to be brought to the forefront, present your ideas to Rebekah Weidner at rweidner@iasbo.org.

The issue themes that we will be soliciting articles for next year include:

School Finance & Budgeting Leadership & Wellness Technology

We look forward to seeing new faces on this page as we continue to make the UPDATE an indispensable resource for school business management.

www.iasbo.org

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f o e s n e S g n i k Ma s e v a e L e e y o l E mp D -1 9 h a s I V O C t e y , le s e e m s o s im p y to n a v ig a te . y e h t … s e v a E m p lo y e e le t h in g b u t e a s y n a e r a s e v le a v e , t h e y a a le d t e a d h e t e n n e e v n pro h e p a n d e m ic wh e n s o m e o T , .

9 t o -1 n D I r o V O d C te e n B e fo r a r g a in in g a s e it h e r g r a b w e it iv t d c n e a ll it o c d r e q u e s te p le x it y, w it h m o c f o s r e y ave s a n d t h e le y r to u t a t s h a s a d d e d la g v e r – c h a n g in e , s t n e m e e r ag h s it u a t io n . c a e f o s s e n e u n iq u

ARTICLE

As we emerge into a (hopefully) post-COVID-19 world, it is imperative that we look back and learn, grow and establish practices and procedures to navigate our new challenges, including those related to employee leaves.

Understanding Employee Leaves The first essential step in understanding employee leaves is to find and understand what leaves are available to each employee. This can be done with a good ol’ organizational chart. Start with scouring all district sources to understand what leaves are available. A good place to look is the law, board policies, employee handbooks, administrative policies and procedures, collective bargaining agreements and past practices. Do not forget a call to your favorite school attorney who can help you navigate and determine whether you found all applicable leaves. Examples of leaves are: • Family Medical and Leave Act (FMLA) • Families First Coronavirus Response Act (FFCRA) • American with Disabilities Act (ADA) accommodations • District sick leave • Personal or vacation leave • Sabbatical leave • Unpaid leave Once you collect all of the leaves available, an Excel chart and/or Google Doc is a good place to start managing the different leaves available.

Leave Eligibility

The next step is to determine leave eligibility. For instance, some leaves will not apply to certain circumstances, such as FMLA. FMLA has several eligibility requirements such as hours worked in the prior year, whether the underlying condition/event qualifies and/or whether FMLA has been exhausted in the past year. All leaves carry unique qualifiers and/or requirements that must be examined carefully and implemented with fidelity. We have found that decisions trees, like the one at the end of this article, is a good step after developing an Excel chart and/or Google Doc. One of the hardest things about leave applicability is that each leave must be examined and applied individually. For instance, take FFCRA leave. As you are aware, that federal

By Sara Boucek PARTNER KRIHA BOUCEK LLC

law provided up to 10 emergency sick leave days for up to five different COVID-19 related situations. It further allowed up to 12 weeks of childcare leave in specific situations.

While generous, popular and needed while managing a worldwide pandemic, this left many school districts and employers grappling with applicability issues, work force shortages and excess costs that were not covered by the federal government. At the beginning, the FFCRA was so difficult to apply that it prompted the Federal Department of Labor to issue over 100 frequently asked questions on its website. For those who practice employment law, this resource became invaluable. Even with robust guidance, the leaves were still inconsistently applied, which led to case law and legislative changes. This example illustrates just the tip of the iceberg in navigating leave applicability.

Have no fear, with a little time, a lot of help from resources and maybe some pixie dust, leave applicability will become as easy as 1, 2, 3.

District-Specific Leaves

While FMLA and FFCRA are statutory leaves, it is imperative to equally understand what local leaves are available. Leave availability is often school district specific.

Each school district has the opportunity to create its own leave structures, most often through board policy and/or collective bargaining. Leaves can come in many forms such as paid or unpaid, short or long-term and for reason or no reason. Really, it is left to the will, creativity and design of the board, administration and union. Examples of district created leaves are: • Long-term parental leave • Sabbatical leave • Short and long-term medical leave (that does not apply sick leave) • Personal leave • Unpaid leave without reason • Professional development leave During the pandemic and the expiration of FFCRA, many districts created COVID-19 related leaves that exceeded FFCRA and/or other school district provided leaves.

Regardless of the leave created, it is essential to clearly define the leave created in order to uniformly implement district-created leaves.

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Items to Consider The inconsistent application of leaves is one of a district’s greatest human resource pitfalls. Take the birth of a child, for example.

Everyone is overjoyed – you, your families, your work families and the school district! However, when figuring out what leaves are available, there are several factors to analyze. Here are just a few: • Do you qualify for FMLA? • When are you taking the leave and for how long?

• Will any of the leave be intermittent?

• Do you plan to take an extended leave of absences if applicable?

• When is the baby born?

• How does the new case law regarding the use of 30 sick leave days for childbirth apply?

• Does the school district have a sick leave policy that runs concurrently with a non-paid, but job protected, FMLA Leave?

• Does your partner also work for the district, and will they be taking leave?

• Is telework an alternative when determining the length of leave?

Whew… the questions could go on and on, but it is safe to say, the point has been made regarding how complicated even the most routine leave provided in schools can be. The more complicated the issue, the harder the leave applicability can be. That is why it is essential that you: 1. Do the pre-work and understand the leaves available at the school district.

2. Work with your school district attorney.

3. To the extent possible, apply leaves uniformly.

Another issue surrounding leaves is a lack of knowledgeable staff. It is highly recommended that the staff be provided professional development regarding leaves. You can inform staff of available leaves and the process for requesting leaves through the onboarding process, by making literature available, including resources for leaves in in-services, educating union leadership or otherwise making resources available. Regardless, a more educated staff only makes the job easier when a leave request is made.

While leaves are not the most exciting part of your job, it is an area that attention and fully understanding is necessary. To avoid the pitfalls regarding applicability and implementation, knowledge and education of yourself and others is the key to success. Knowing and understanding what leaves are available, how to apply the leaves consistently while avoiding pitfalls and educating your staff are just a few tips in navigating leaves in your school district. When all else fails, do not forget to phone a friend or call your favorite school attorney, they are always here to help!

16 |

UPDATE Magazine / Summer 2021

ARTICLE / Employee Leaves

www.iasbo.org

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Family Medical Leave Act (FMLA) Decision Tree

You can download these and a decision tree for Accomodation at:

www.iasbo.tools/employeeleaves 18 |

UPDATE Magazine / Summer 2021

PERSPECTIVE / On the Profession

SCHOOL BUSINESS 101 What have been your biggest staffing challenges this year, or what keeps you up at night for next fall? have been "in-person" all year in some form or another. The biggest challenge of "in “ We person" learning before vaccines were widely available was the large number of faculty

and staff absences due to being quarantined after possible COVID exposure. Another big challenge was our shortage of substitutes, which was an issue before COVID, but now even more as many were not willing to come into the buildings. Since vaccinations became avaiable for staff, we have been able to move things forward with very few issues of workplace accommodations.”

JAN BUSH , Business Manager, Murphysboro CUSD 186

had very few staffing issues. One thing that helped was a daycare program for our district “ We staff's kids, working together with our park district. That was a big relief for a lot of staff. Our Supt./ HR did a great job keeping staff in the loop to help avoid major problems. The fear for next year is getting in a situation where we are overwhelmed with quarantines to the point of being debilitated and needing to shut down school due to lack of staff.”

CURTIS SAINDON, Asst. Supt./Business, CSBO, Woodridge Elem. SD 68

started in the fall in a hybrid model but required all staff to work on campus. We told those “ We who couldn't be on campus that they needed to take a leave of absence. We later switched to remote, back to hybrid, then to full in-person. Our AM/PM hybrid model has led to a shortage of teachers. We outsourced some of our teaching needs. The issue we see returning to full in-person instruction is what to do when kids need to be in quarantine. We have a great relationship with our union, and we have multiple MOUs. We decided to insert cameras in certain classes and give a financial incentive to teachers to provide a remote learning option for those students. We worry whether there will mandate a virtual option for next year.”

DR. MONICA SCHROEDER, Deputy Superintendent, North Shore SD 112 Members asked about their biggest HR challenge on peer2peer responded with issues including finding substitutes, hiring supplementary staff for school re-openings, handling employee leaves, both COVID and non-COVID related, as well as balancing the expectations of employees working from home.

www.iasbo.org

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Hitting the Moving Target of

Title IX

ARTICLE

2020 was unprecedented. The year brought the COVID-19 outbreak, racial unrest that gripped the country and a presidential election like no other. It also brought a significant change in how schools must respond to complaints of sexual harassment by students, employees and other members of the school community. The changes came via updates to the regulations, or rules, implementing Title IX of the Education Amendments of 1972. The 2020 Title IX regulations may have been a blip on your radar, but understandably may not have registered as much as they might have in a quieter year.

Since President Joe Biden took office in late January 2021, it has become clear that more changes to Title IX are on the horizon. However, those changes could take years to put in place, so schools and districts need to ensure that they are in full compliance with the 2020 Title IX regulations now.

There are also steps educational institutions can take to prepare for changes that may come under the new administration.

It may sometimes feel like trying to hit a moving target, but with the right approach, your school or district will be well prepared to hit the Title IX mark in 2021 and for years to come.

What are the 2020 Title IX Regulations?

In November 2018, the U.S. Department of Education released proposed revisions to the regulations implementing Title IX, the federal law that prohibits sex discrimination in educational institutions that receive federal funding. Courts and the Department’s civil rights enforcement arm, the Office for Civil Rights (OCR), have long recognized that sexual harassment is one type of sex discrimination covered by Title IX. For most of Title IX’s history, however, OCR expressed and expounded on schools’ responsibilities concerning sexual harassment only through informal guidance documents from OCR, not through the more formal regulations that the law authorized the Department to create.

Informal guidance is easy to change from one administration to the next, as we saw when President Donald Trump and his Education Secretary, Betsy DeVos, rescinded years of guidance issued by President Barack Obama’s administration quickly after taking office in 2017.

By Jackie Gharapour Wernz PARTNER FRANCZEK P.C.

The DeVos Department of Education wanted to create a more lasting interpretation of Title IX for schools. To do this, the Department used the formal rulemaking process to revise the Title IX regulations. After allowing and responding to required public comments to the proposed rule, the Department issued its Final Rule in May 2020. The rule became effective on August 14.

The new Title IX regulations make many changes to the way schools must respond to sexual harassment complaints — far too many to cover in a short article. Some key differences school business officials should be aware include the following: The rules require that a K-12 school district apply the new Title IX process to all complaints of “Title IX Sexual Harassment” in a program or activity of the school and in the United States, as long as any employee of the district other than the alleged perpetrator has actual knowledge of the alleged conduct.

“Title IX Sexual Harassment” includes: • Quid pro quo harassment by a school employee; • Any unwelcome conduct that a responsible person would find so severe, pervasive and objectively offensive that it denies a person equal educational access; and • Any instance of sexual assault (as defined by another federal law, the Clery Act), dating violence, domestic violence or stalking (as defined by another federal law, the Violence Against Women Act or VAWA).

Harassment is “in a program or activity” if it involves locations, events and circumstances over which the school exercises substantial control over both the alleged harasser and the context in which the harassment occurred.

These are narrower definitions than we previously used under Title IX, meaning that fewer complaints involving sex-based misconduct will fall under the Title IX sexual harassment processes used by schools.

The rules are triggered when there is “Title IX Sexual Harassment” in a program or activity and in the U.S., regardless of whether the parties involved are students, employees, or other members of the community.

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Thus, even an employee-on-employee complaint would be covered if the conduct alleged was “Title IX Sexual Harassment” in a program or activity and in the U.S. Once the regulations are implicated, they require much more from schools than ever before.

An adequate response under the new regulations is a response that is not “deliberately indifferent,” meaning “not unreasonable in light of the known circumstances.”

The school’s response must include many specific elements. The Title IX Coordinator must meet with the alleged victim to discuss supportive measures and the complaint process regardless of whether there is a formal complaint. The school must also investigate using a particular grievance process with enumerated elements, including much more significant due process protections for the accused, if there is a Title IX formal complaint. And a school can only discipline or sanction the accused after first finding responsibility using a clear and convincing or a preponderance of the evidence standard.

• Appeals must be offered for a few specific reasons and may be provided for other reasons as long as the process treats both parties equally.

• The rules allow “informal resolution” between the parties who voluntarily choose to participate. The process must follow specific rules.

• The rules continue to prohibit retaliation, which is adverse treatment of a person for exercising rights protected by Title IX. Charging an individual with a code of conduct violation that does not involve sexual harassment but that arises from the same facts or circumstances as a report or formal complaint of Title IX Sexual Harassment can be retaliation if done to interfere with any right or privilege secured by Title IX. If allegations do not meet the definition of sexual harassment, did not occur in a school’s education program or activity, or did not occur against a person in the United States, the school district must dismiss the allegations for Title IX purposes.

It may then address the accusations in any manner the school deems appropriate under its other policies and procedures, including its code of conduct. Notably, however, if a matter is “Title IX Sexual Harassment” in a program or activity in the U.S., and an alleged victim or 22 |

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Title IX Coordinator does not choose to file or sign a formal complaint, the school is limited in the ways in which it can respond to the conduct. The school can impose no punitive or disciplinary consequences on an individual accused of “Title IX Sexual Harassment” in a program or activity and in the U.S. unless it uses the Title IX Sexual Harassment grievance process required by the rules. Schools should work very closely with legal counsel in cases where no formal complaint is on record, but the school wishes to take action against the accused nonetheless.

What Changes Do My District Need to Make?

Although the thousands of pages of rules and commentary issued by the Department in May can seem mindnumbingly legal and philosophical, they contain many concrete steps that schools and districts must take to comply. These include: • Notifying the educational institution’s community of its Title IX Coordinator, including name or title, address, phone number and email address, and including it on the school or district’s webpage.

• Revising all policies and procedures to comply with the new rules.

• Making all policies and procedures relating to Title IX reasonably available to members of the community.

Although not explicitly required by the regulations, schools should consider posting all relevant administrative procedures and complaint forms for Title IX on their websites.

• Training all Title IX team members, including all Title IX coordinators, investigators, decisionmakers (for both the complaint and appeal) and informal resolution facilitators, on specific topics required by the regulations.

On a more practical level, school administrators should train all employees on their responsibilities to report sexual harassment of which they become aware to their supervisor and the Title IX Coordinator. Such training is best coupled with training to meet Illinois law requirements to train all employees on sexual harassment in employment required by 2020 amendments to the Illinois Human Rights Act. Schools should carefully vet any training used, particularly those from online vendors, to confirm that they include topics required and recommended under state and federal law.

ARTICLE / Title IX

Another practical step all school leaders should take is to get into the habit of slowing down, a lot, any time they receive notice of a complaint of discrimination, harassment, retaliation or other misconduct based on sex. The most common compliance issue we have seen so far under the new rules is building-level administrators beginning an investigation using building-level processes, only to determine later that the complaint implicates Title IX. It is understandable for administrators, based on years of experience, to immediately launch into the investigative process upon receipt of a complaint. Slowing down in cases involving sex-based complaints mitigates the risk of an unintentional violation of rights when a complaint falls under the new rules. The best practice is for all staff, faculty and administrators to seek clearance from a properly trained Title IX team member before moving forward with an investigation of any sexbased complaint.

How Can We Prepare for More Changes to Come?

President Biden has long said that he would put a “quick end” to the Trump administration’s 2020 Title IX regulations if elected. Months into the administration, we see that unwinding the complicated new Title IX rules will be a lengthy process, particularly if done in a way that adequately protects schools. Specifically, unless the rules are overturned through legislation or rulemaking, there will be legal risks for educational institutions that do not use the 2020 regulations.

What that means for schools is that they should expect to live with the 2020 Title IX regulations for some time to come. That does not mean that there are not steps that a school or district can take now to prepare itself for later changes. One crucial step your team can take now is to look at your uniform or general grievance procedure, which is the procedure used in cases that do not involve Title IX Sexual Harassment. Many districts have out-of-date procedures that do not match their current practices in handling civil rights complaints. Now is the time to make critical changes to those procedures. We also recommend revamping your uniform grievance procedure form to ensure it collects enough information to allow you to identify what process must be used for a complaint quickly. Making such updates and training employees on them will best prepare you to be ready to use them when needed.

Educational institutions should also consider putting language in Title IX Sexual Harassment policies to clarify that if there is a rescission or other limitation on the 2020 Title IX regulations, the uniform grievance procedure will automatically kick in to fill the gaps. Doing so will mitigate the risk of having to quickly update policies and procedures if the Biden administration makes a drastic change.

One crucial step your team can take now is to look at your uniform or general grievance procedure, which is the procedure used in cases that do not involve Title IX Sexual Harassment. www.iasbo.org

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ARTICLE

By Joseph J. Perkoski

MANAGING PARTNER ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

John “Jack” Klinker

ASSOCIATE ROBBINS, SCHWARTZ, NICHOLAS, LIFTON & TAYLOR, LTD.

Legal Considerations in Mandating Employee Vaccination The COVID-19 pandemic has plagued the world now for more than a year as school districts continue to address unprecedented challenges of educating students in a safe and effective manner while we wait for the crisis to abate. As Illinois school districts faced the 2020-21 school year under a state directive to create return to school plans with some level of inperson instruction, the challenge of how to provide instruction despite climbing COVID-19 positivity rates has been more than daunting. Districts throughout the state have been forced to weigh the challenge of remote instruction (and its negative impact on students) against the risks of in-person instruction and the task of undertaking massive mitigation efforts to make schools safe.

While some school districts have successfully adapted their operations to comply with the Illinois Department of Public Health (IDPH) and the Illinois State Board of Education’s guidance and requirements for safely providing in-person instruction, many have had to resort to maintaining remote and hybrid learning models. Regardless of the learning model, all districts would undoubtedly confirm that education in the wake of COVID-19 has been an unprecedented endeavor with a never-ending variety of challenges to navigate. However, the only apparent means of returning to a relatively normal educational environment— namely, the vaccine—comes with its own onslaught of questions.

Chief among the current questions is whether school districts can require their staff to be vaccinated as a condition of new or continued employment. In short, school districts have a legal basis to mandate that their employees be vaccinated, with some exceptions. However, it is important to note that certain legal and practical constraints may hamper mandated vaccination, at least in the short term. Read on for a full explanation of school districts’ authority to mandate employee vaccination, and the constraints affecting that authority.

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Vaccine Background

The U.S. Food and Drug Administration (FDA) permitted vaccination by authorizing the Pfizer and Moderna vaccines in mid-December 2020.

Based on their accelerated development and the extent to which they had been tested, the FDA initially permitted these vaccines by way of an Emergency Use Authorization (EUA). An EUA allows vaccines to be used before they receive full FDA approval due to an ongoing emergency — here, the COVID-19 pandemic. As the vaccines and their effects are studied further, the FDA is expected to determine whether to give them full approval or take some other action.

Presumably, any future COVID-19 vaccine will receive similar treatment, at least until the pandemic subsides.

Authority to Mandate Vaccination

The Illinois Communicable Disease Prevention Act (410 ILCS 315/1 et. seq.) provides support for school districts wishing to mandate employee vaccination.

The Act addresses the spread of communicable diseases that target young children and provides examples of those diseases (i.e., measles, poliomyelitis, invasive pneumococcal disease, and tetanus); however, this list is not exhaustive. Thus, a school district interested in implementing a mandatory vaccination program can point to the overarching rationale behind the Act — preventing the spread of communicable diseases posing serious threats to the health of the community. Per the Act, “the existence of susceptible children in the community constitutes a health hazard to the individual and to the public at large by serving as a focus for the spread of these communicable diseases.”1 The Act specifically refers to vaccination as one of, if not the principal, defenses against communicable diseases. It states, “all children shall be protected… by the appropriate vaccines and immunizing procedures to prevent communicable diseases which are, or which may in the future become preventable by

immunization.” Notably, as of the time this article was written, the currently available COVID-19 vaccines have not been authorized for use by children.

Nevertheless, the principle underlying the Act can be used to mandate vaccination for district staff members. Specifically, requiring staff members to become vaccinated squarely aligns with the Act by aiding to prevent the spread of a communicable disease posing a serious threat to the health of the community, particularly school communities which largely consist of children who cannot be vaccinated currently.

Beyond the Act, mandatory employee vaccination is also supported by the Equal Employment Opportunity Commission (EEOC). The EEOC has published extensive guidance related to COVID-19 and its intersection with certain antidiscrimination laws (e.g., the Americans with Disabilities Act (ADA)). Among the recent updates to its COVID-19 guidance, the EEOC considered the implications of mandatory vaccinations. As noted by that guidance, the ADA permits employers to impose qualification standards requiring individuals not to pose a direct threat to the health or safety of others in the workplace.

A “direct threat” is defined as “a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.” The EEOC has determined that an individual entering a workplace with COVID-19 poses a “direct threat” and, therefore, indicated that requiring vaccination constitutes a safety-based qualification standard. This standard would apply to current employees as well as newly hired individuals.

Therefore, school districts have a legal basis to mandate that their employees be vaccinated by virtue of the Communicable Disease Prevention Act and in accordance with the ADA. Nevertheless, a school district employing a vaccine mandate must be aware of legal and practical constraints associated with such a mandate.

The Act has been used by districts to justify mandatory COVID-19 testing programs of school district employees.

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ARTICLE / Mandating Employee Vaccination

Exceptions to Mandatory Vaccinations

While a school district likely can mandate vaccination of its employees, certain individuals may have underlying medical conditions preventing them from being vaccinated safely, which, in turn, can implicate the ADA. Specifically, the ADA prohibits employers from discriminating against employees because of their disability. An individual’s inability to receive a COVID-19 vaccination because of an underlying medical condition (e.g., history of a severe allergic reaction to vaccines) could constitute a disability for which the employer cannot take adverse action against the employee — namely, refusing to employ the individual based on a lack of vaccination.

If an employee claims he is unable to be vaccinated due to a medical condition, a school district can request that the employee obtain medical certification from their physician to substantiate the claim. If the employee provides medical certification, the school district will need to process whether the condition constitutes a disability as defined under the ADA. If so, they should process the impact of that condition on the employee vaccination mandate through an interactive dialogue.

As with any assertion of a disability and a request for a modification of work rule, the school district is required to conduct an individualized assessment of an assertion that a disability prohibits the employee from receiving a COVID-19 vaccination through an ADA interactive dialogue. As a part of this process, the school district will need to determine whether that employee’s lack of a vaccination poses a “direct threat” to the health and safety of the workplace. This assessment should consider “the duration of the risk; the nature and severity of the potential harm; the likelihood that the potential harm will occur; and the imminence of the potential harm.” Concluding that a direct threat exists includes determining whether an unvaccinated individual will expose others at the worksite to the virus. This assessment should also consider whether the employee can be provided with reasonable accommodations (e.g., a remote work assignment, leave of absence).

An employer may only exclude, or take other action against, an employee who cannot be vaccinated due to disability if the employee poses a direct threat to the worksite and the employer demonstrates that there is no way to provide a reasonable accommodation (absent undue hardship) that would eliminate or reduce this risk.

In addition to possible medical reasons preventing an employee from receiving a vaccine, school districts may also face employee claims that their beliefs prevent them from receiving the vaccine. In this regard, Title VII of the Civil Rights Act of 1964 prohibits discrimination based on an employee’s sincerely held religious beliefs, practices or observance. An individual may be unable to receive a COVID-19 vaccine due to sincerely held religious beliefs, practices or observance.

When an employer has notice that an employee is unable to be vaccinated on religious grounds, it must provide a reasonable accommodation unless doing so would cause undue hardship.

An employer with an objective basis for questioning either the religious nature or the sincerity of a particular belief or practice may request that the employee provide additional information reasonably required to evaluate the request. However, upon confirmation of such religious grounds, the employee cannot

if a school district pursues an employee vaccine mandate, it must be cognizant of the exceptions that may apply to certain employees based on their disability or religion. be required to receive a vaccination, and the employer may only exclude, or take other action against, that employee if they pose a direct threat to the worksite and the employer demonstrates that there is no way to provide a reasonable accommodation (absent undue hardship) that would eliminate or reduce this risk.

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Constraints on Mandated Vaccination

Beyond the antidiscrimination concerns, there are other legal and practical constraints related to employee vaccine mandates, such as the current EUA status of the vaccines. As noted, because of the pandemic, the vaccines were rolled out as quickly as possible under the FDA’s EUA designation. The length of this status is unknown, and the status may undermine a school district’s vaccine mandate. Under the terms of an EUA, intended recipients of a vaccine must be informed of and allowed the option to refuse the vaccination. While the EUA status and the right to refuse was designed for normal vaccine trials, it is unsettled as to how this right to refuse impacts a mandatory employee vaccine program based on a public health emergency and authorized under the Communicable Disease Act. As such, while a district could impose an employee vaccine mandate, there may be a right to opt-out of receiving that vaccine. This EUA right to opt-out of vaccination could supersede an employer’s mandate.

Notably, the right to refuse a vaccine approved under an EUA does not carry over if it receives full FDA approval. The manufacturers of the vaccines currently approved under an EUA are continuing to collect data and study their safety and effectiveness. This information can be used to support the manufacturers’ applications for full FDA approval of their vaccines. Once a vaccine receives full FDA approval, employees will no longer be able to employ the EUA opt-out and, therefore, this constraint will be removed. Unfortunately, there is no definitive timeline for when any of the vaccines will receive full FDA approval and, in turn, improve the effectiveness of a district’s vaccination mandate. However, the larger sample size created by the rising number of vaccinated individuals throughout the country should aid those manufacturers in completing the necessary study and analysis to achieve full FDA approval for their vaccines.

In addition, school districts should be cognizant of the practical constraint imposed by limited vaccine supplies. A vaccination mandate could prove ineffective if there are not enough vaccines available for all district employees to receive one.

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Fortunately, as time passes, the production and distribution of vaccines has been increasing and improving while school employees have also been included in the second wave of individuals eligible to receive the vaccine pursuant to the IDPH vaccination plan, Phase 1b. Therefore, practical constraints imposed by limited vaccine supplies should, hopefully, decrease over time.

Finally, while not necessarily a constraint, school districts will need to be cognizant of their obligation to bargain over implementing mandatory vaccination programs. Requiring employees to be vaccinated is a matter of inherent managerial policy which, under the Illinois Educational Labor Relations Act, need not be bargained. However, a school district must bargain the impact of such a policy on bargaining unit employees with their exclusive representative if they submit a demand to bargain. If a district unilaterally imposes a mandatory vaccination program without advance notice and bargaining upon request, it could result in an unfair labor practice charge.

School districts mandating vaccination of unionized employees should: 1. Provide advance notice of the mandate to the exclusive representative.

2. Bargain the mandate to agreement or impasse if the representative requests bargaining.

3. Notify all employees of the final vaccination plan before it is implemented.

ARTICLE / Mandating Employee Vaccination

Keeping the Mission (and Pitfalls) in Mind

Under Illinois law, in conjunction with guidance from the Federal authority responsible for enforcing discrimination laws, school districts likely can mandate that their employees receive a COVID-19 vaccination as a condition of their continued work. However, school districts must be aware of the pitfalls they may encounter because of a mandatory vaccination program. First, school districts must be cognizant of employees’ disabilities or sincerely held religious beliefs or practices which may prohibit them from being vaccinated. They must also be aware of other relevant constraints, including all individuals’ right to opt out of vaccination while the vaccine is subject to an EUA as well as the limited supply of vaccines. Fortunately, both of these constraints will, presumably, be removed as the vaccines are studied further and as production and distribution improve to meet the demand. Finally, school districts with unionized workforces must be cognizant of their obligation to bargain over a mandated vaccination program if the exclusive bargaining representative demands to bargain.

Nevertheless, to achieve the mission of safely and effectively educating students, vaccines are likely the necessary next step.

By mandating that employees receive vaccinations, school districts are aligning themselves with the Communicable Disease Prevention Act, while advancing toward that goal.

While a district could impose an employee vaccine mandate, there may be a right to opt-out of receiving that vaccine.

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School business officials are in a unique position within the school community to financially guide district leadership and school boards toward decisions that may

LEAD TO GREATER EQUITY.

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ARTICLE

By Tamara L. Mitchell

ASST. SUPT./BUSINESS & FINANCIAL SERVICES JOLIET PUBLIC ELEM. SD 86

The 1954 United States Supreme Court Case, Brown v. Board of Education of Topeka, was pivotal in its ruling that “separate but equal” public education was unconstitutional and was, in fact, not equal. This ruling was a departure from the Court’s ruling in 1896 in Plessy v. Ferguson that allowed for racially segregated public facilities, including public schools.

While Brown began the process of desegregating public schools nearly 70 years ago, there is still debate about how much impact the decision had. One reason for the debate is that since enrollment boundaries for public schools in the United States result in schools being a reflection of the population the communities serve, they may still be racially segregated by default.

Racial segregation was the highlight of the Brown v. Board of Education of Topeka ruling, but the driving force that escalated the case to the U.S. Supreme Court was funding. Inequitable funding of schools allowed for stark differences in facilities and curriculum materials available to students then and continues to be an issue now. As recently as 2019, 14 U.S. states faced court battles over school funding adequacy.

Brown was meant to put into motion the dismantling of blatant inequality within the public education system of the United States with its ruling that separate was not equal, but it did little to address the issue of equity. Consequently, the discussion about equality in public schools has evolved into one of equity.

DEFINING EQUITY IN SCHOOLS

Equity in schools is commonly defined as ensuring all students are given what they need to succeed, but not necessarily in an equitable fashion. Working hand in hand with the concept of equity is that of social injustice, which occurs when a group or groups are at a great disadvantage due to some form of discrimination.

The concept of equity has always existed in schools; it simply has not always been universally applied. For instance, no one disagrees that students with special needs require more individualized support, resources and funding allocation; however, that same consideration must apply to all students if the goal of equity and elimination of social injustice will ever be achieved.

The discussion concerning social injustice and equity in schools has gained momentum over the past decade, and particularly during the past several years. Meeting student needs in the most equitable way will almost always have a financial component.

As such, funding of education has been transformed in some states in an effort to level the playing field among students from varying socioeconomic statuses.

For instance, in my home state of Illinois, the General State Aid funding formula was overhauled in favor of a more equitable one.

In short, Illinois’s Evidence-Based Funding provides equitable funding for districts based on each district’s need rather than on a standard formula applied across the board.

Additionally, many districts across the United States have added entire departments focused on equity, diversity and inclusion.

These departments focus not only on manifestations of inequity relative to students (e.g., disproportionate discipline of students of color), but also on the composition of a district’s staff (e.g., gender, race, ethnicity).

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For better or worse, 2020 has exposed, on a grand scale, various areas of social injustice and lack of equity in our society as a whole, particularly in schools. As such, discussions about equity and social injustice have accelerated.

For instance, there has been widespread exposure of various social injustices that, while having been present for countless years in many communities, are being brought to light through social media. These occurrences have caused a wide range of emotions in employees and students alike, illuminating the need for open and honest conversations about where we are as a society and where we need to get to.

The COVID-19 pandemic has also wreaked havoc on the country, disproportionately affecting BIPOC (Black, Indigenous, People of Color) populations, from members of the community becoming more gravely ill to being more greatly impacted by job loss. As schools shut down in early spring of 2020 in an effort to slow the spread of the virus, food insecurity and access to high-speed Internet was thrust into the spotlight.

In my district alone, more than 420,000 meals were served between mid-March and the end of July. Additionally, thousands of hotspots were purchased and distributed to families lacking access to high-speed Internet.

School communities and U.S. communities in general have also begun to push back more strongly on previously established norms, such as school buildings being named after Confederate leaders, monuments erected to Confederates and mascot names that are insensitive to Native American populations.

The voices of students are increasingly playing a role in many of these instances, such as was the case with an Illinois’ school mascot name with ties to the United States Civil War. The district surveyed students, and 70 percent of those who responded were in favor of dropping the name, the Rebels, which is a reference to Civil War Confederate soldiers.

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WHAT DOES INEQUITY IN SCHOOLS LOOK LIKE?

Inequity in schools may be apparent both within a school district as well as in comparisons of one district to the next in neighboring communities. Inequity is exposed in both instances in various ways, such as: FUNDING. Funding inequity is most evident from district to district; however, it does occur internally as well. Inequity between districts is most evident in states where schools are largely funded by real estate taxes. Additionally, when districts begin to drill down into financial data to compare spending per student at the site level, inequities are exposed.

Comparison requires removing some variables, such as highcost special education programs that may not be present at all sites. Once variables are removed, district leaders can use data to make changes as needed to create a more equitable outcome for the students they serve.

TECHNOLOGY. In addition to some families lacking access to computers and other technology devices, access to high-speed Internet in rural and low-income communities remains a challenge. This has been highlighted throughout the COVID-19 pandemic as school districts shifted to learning online. According to data from American Community Survey, Black and Latinx communities disproportionately lack access to high-speed Internet with 38.9 percent and 34.7 percent, respectively, experiencing access issues.

CURRICULAR AND EXTRACURRICULAR PROGRAMS. Adequately funded districts usually are able to provide a wider range of curricular and extracurricular opportunities to students than districts that struggle financially. For example, students attending schools in more fiscally challenged communities may not have access to the most up-to-date curriculum resources, putting them at a disadvantage when compared to their peers who are attending better-funded schools.

ARTICLE / Social Injustice and Equity in Schools

DISCIPLINE. Data show that African-American boys and girls are disproportionately suspended from school and experience discipline incidents at higher rates than their White peers.

Most of these examples are obvious, but there may also be more subtle instances of inequity in schools as well. These instances will vary depending on each school community, so it is important to be cognizant of culture and climate applicable to a district. A wealth of information can be gained from surveying staff, students and families regarding their views and opinions on equity within schools.

Impacting Equity and Social Injustice

School business officials are in a unique position within the school community to guide district leadership and school boards financially toward decisions that may lead to greater equity. School business officials have several ways to contribute to the discussion of ensuring more equitable behaviors in the school community. Though not an exhaustive list, here are a few examples: MAKE DATA-DRIVEN BUDGETARY DECISIONS. As school district leaders, SBOs have access to all kinds of data. Much, if not all, of these data have a financial component.

For instance, how does each elementary school in your district perform on assessment tests?

If one or two schools are not performing as well as the majority, drill into the data to determine why. Are more curriculum supports needed? Do student populations vary widely or is staffing the driving force? How do students categorized as low income perform? How do BIPOC populations perform?

The answers to all of these questions can be used to drive budgetary decisions. Perhaps dollars can be redirected from better-performing schools to raise achievement levels in lowerperforming schools. If additional dollars are available even while maintaining adequate fund balance levels, those dollars might be directed to specific schools or populations to increase achievement.

WORK COLLABORATIVELY WITH CURRICULUM, STUDENT SERVICES, HUMAN RESOURCES AND TECHNOLOGY COUNTERPARTS. School business officials know exactly how much money is available in fund balance as well as projected spending and revenues. This information is key to conversations about initiatives meant to move toward more equitable delivery of education within the district. Use the data available to guide decision making while maintaining the financial health of the district.

LEAD A DISCUSSION ON EXAMINING SCHOOL AND MASCOT NAMES. This can be a sensitive topic because of community pride in school and mascot names, but we all must do better in our expression of equity. The school business official plays a key role in these discussions because there is a financial component tied to such changes.

For instance, mascot name changes may lead to the purchase of new sports and band uniforms, gym floor refinishing, scoreboard replacement, etc. This is not to say that costs should drive a decision not to make a change, but that cost will factor in and should be addressed during discussions.

FORM STRATEGIC PARTNERSHIPS TO ASSIST MARGINALIZED POPULATIONS. There are many organizations with a particular focus on marginalized populations. Many offer grant opportunities, communitybased mentoring programs and after-school tutoring. Such organizations can be key in helping districts get closer to achieving equity and social justice within schools.

BECOME AN ADVOCATE FOR EQUITY AND SOCIAL JUSTICE. No matter the situation, there is always a cause to push for equity and social justice. Those who work in highachieving and/or well-funded districts can consider ways to advocate for students who reside outside of those boundaries.

This can be another sensitive area but may result in better educational opportunities and outcomes for marginalized and underserved communities.

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“The time is always right to do what is right.”

— Dr. Martin Luther King Jr.

CHECK IN WITH STAFF. One final point to consider is the impact that social injustice and gaps in equity have on school staff. The emotional toll of witnessing, and especially experiencing, social injustice is great. Depression and anxiety can have a detrimental impact on health and quality of work. While there may not be a direct financial component to checking in on the staff, doing so may prove invaluable and may go a long way in building and maintaining positive relationships.

An Ethical Imperative

As an ethical imperative of public service, social injustice and equity in schools must continue to be addressed. Dr. Martin Luther King Jr. said, “The time is always right to do what is right.”

We all inherently know that it is only right that all students should be afforded the opportunity to have access to high-quality education without limitations imposed by race, ethnicity, socioeconomic status, gender, sexual orientation or any other descriptor used to categorize students. The work of eradicating social injustice and building capacity for equity is arduous and continual, but we must charge on for the good of those we serve as well as for future generations.

Brown v. Board of Education Topeka and Plessy v. Ferguson www.uscourts.gov/educational-resources/educational-activities/ history-brown-v-board-education-reenactment School Funding Adequacy Lawsuits www.cbpp.org/blog/65-years-after-brown-v-board-of-education-more-suits-over-education-equity Equity in Education www.nsba.org/media/nsba/file/cpe-educationa-lequity-research-brief-january-2016 Illinois State Board of Education Evidence-Based Funding www.isbe.net/ebf COVID-19 and BIPOC communities www.cdc.gov/coronavirus/2019ncov/ community/ health-equity/race-ethnicity. html Internet Access Data https://research.newamericaneconomy.org/report/internet-access-covid-19 School Discipline Data www.usnews.com/news/education-news/articles/20201013/ school-suspension-data-shows-glaringdisparities-in-discipline-by-race This article originally appeared in the January 2021 issue of School Business Affairs magazine and is reprinted with permission of the Association of School Business Officials International. The text herein does not necessarily represent the view of policies of ASBO International and does not imply any endorsement by ASBO International and its officers or affiliates.

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Emerging

S OFFICIA ES L N

SBO SUMMIT

INOIS ILL A

IATION OC of SS

S

OL BU HO SI SC

Wednesday, July 21, 2021 NIU Naperville

Join Illinois ASBO for this conference dedicated to giving those who are new to the profession the tools they need to be successful!

Emerge with new resources in the field and gain an expanded professional network.

Attend yourself or recommended a colleague!

REGISTRATION IS

OPEN!

| 35 Visit www.iasbo.org/emergingsbo to register! www.iasbo.org

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ARTICLE

By Dr. Paul O’Malley

SUPERINTENDENT BUTLER SCHOOL DISTRICT 53

Dr. Victor Simon III

SUPERINTENDENT GOWER SCHOOL DISTRICT 62

Amid the COVID-19 pandemic, school districts, administrators, teachers and staff began to rethink educational pedagogy, instructional practices and the physical environment of school buildings.

In March 2020, school districts across the country closed their school buildings, transitioned to fully remote teaching and learning and remained uneasy about the future or when some level of normalcy would return.

Looking further back, in April 2019, Gower School District 62 blazed a trail to formally adopt an eLearning Plan approved by the local Board of Education as well as the Illinois State Board of Education (ISBE) and DuPage Regional Office of Education in response to Section 10-20.56 of the School Code which allowed districts to utilize eLearning days in lieu of emergency days.

This local eLearning plan was a forward-thinking action taken by the Future Ready® district prior to the COVID-19 pandemic.

Similarly, prior to the stay-at-home order, Butler School District 53 had already made strides to implement a Flip The Classroom (FTC) model program within the school district. This professional development paved the way for the district to have an approved e-Learning Program in lieu of emergency days verified by the DuPage Regional Office of Education and approved by the Board of Education, valid for three years commencing with the 2020-2021 school year. By finishing the school year remotely, both districts had an important decision regarding the beginning of the 2020-2021 school year.

Over the summer months, federal, state and local government agencies provided specific, detailed guidance and policies on how to open school successfully and safely. Balancing the guidance from the local health department, Illinois Department of Public Health (IDPH) and Centers for Disease Control and Prevention (CDC) became paramount to making local school district decisions impacting our teachers and students.

Adjusting the Environment Administrators, principals and contracted advisors met to review the ever-changing school guidelines and developed a response to the phased recovery program for Illinois. In conjunction with district architects and the building and grounds team, administrations reviewed conceptual plans that directly aligned with the Restore Illinois program and subsequently met on-site to review and test social distancing within classroom layouts and storage options. The response team continued with classroom layouts, social distancing markers and stickers for all classrooms and removing all extraneous loose furniture to allow maximum distancing.

In addition to the physical adjustments to our classrooms, the districts also moved forward with procuring all necessary PPE, sanitizing stations, sneeze guards, desks, temporary partitions and curtains. Along with the supply procurement, the districts also invested heavily in technology, upgrading classroom cameras to allow for remote parallel instruction, video conferencing capabilities, continued professional development and hardware needed for success.

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The physical health and safety of students and staff remained the utmost priority. The decision was made to offer full-day, in-person instruction five days per week with a full synchronous remote learning program for families electing that option.

Districts 53 and 62 believed that families had a choice in determining the learning modality best suited for their children based upon their specific circumstances. Parents were given the opportunity to choose whether children would return to in-person learning or remote parallel instruction, an option that could be revisited with each new quarter or trimester.

District 62 allowed families to alter their choice of learning modality at any time by giving appropriate notice to ensure the environmental adjustments could be made within specific classrooms.

Developing the Operational Plan Districts 53 and 62 developed operational plans specific to the 2020-2021 school year that had guiding principles of maintaining the health and safety of students and staff, providing meaningful and engaging academic experiences for all students, addressing the social and emotional needs of students, creating consistency and stability for students and staff and providing continuous professional learning opportunities for staff.

Self-Certification & Monitoring Compliance To maintain health and safety, based upon guidance from ISBE and IDPH, both districts required a self-certification form to be completed and signed by all district staff as well as parents who planned to send their children to in-person learning. This form verified that prior to utilizing district transportation and/ or entering a district building, individuals would conduct a daily symptom screening at home to determine the presence of COVID-19 symptoms. If any of the symptoms existed, the student or staff member remained home. As a reminder, a weekly text message was sent to all phone numbers within District 53’s communication system to remind parents and staff about the self-certification process.

Furthermore, the districts leveraged the knowledge and skills of an external, third-party monitoring program to review compliance with and adherence to the safety guidance. Each week, a monitor was on-site at each of the schools. The purpose of the monitoring visits was to observe compliance with the most current COVID-19 pandemic guidance. Weekly, observations were recorded in a report and supplemented with 38 |

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survey responses provided by parents and staff. The monitor worked with the administration to identify varying times to visit the school each week to ensure monitoring encapsulated observations from different school day components. The monitoring program aimed to keep students and staff safe in the modified school environment and protect the broader community. The report provided the administration with the ability to make informed decisions and amend actions to maintain a safe learning environment. Each week the districts were able to review monitoring reports, make necessary adjustments and continue to focus on the physical health and safety of the buildings.

Communication & Pandemic Awareness Committee Communication remained a critical component of District 53 and 62’s success in opening school buildings and continuing to focus on specific communication. In an effort to have a centralized hub of COVID-19 related information, each district developed a dedicated page on the website to share all information, communication, forms, guidance, presentations and monitoring reports with the community.

During the summer months and planning phases, families, faculty and staff received surveys to provide feedback on potential health concerns related to facial coverings, working thermometers at home, the self-certification process and instructional delivery preference. These results were presented and discussed at committee and board meetings.

Additionally, the district developed communication notifications for COVID-19 positive cases within the school building, built a strong rapport with the local health department to identify potential close contacts, manage tracing and avoid outbreaks or transmissions. These communications were disseminated via email to parents and staff, after review by the local health department. It was extremely important to exclude protected health information (PHI) and follow guidance from Family Educational Rights and Privacy Act (FERPA) in these communications. Recognizing the knowledge and expertise within the community and available to District 53, the superintendent’s office launched a Pandemic Awareness Committee (PAC) in response to Policy 4:180 Pandemic Preparedness; Management; and Recovery. The advisory committee to the superintendent identified priorities and oversaw the development and implementation of a comprehensive pandemic preparedness school action plan.

ARTICLE / Getting Back into School Buildings

Committee members included District 53 buildings and grounds, a school nurse professional, an Oak Brook Education Association member, a village trustee, mental and public health experts, doctors and medical professionals and a daycare operator.

Similarly, in spring 2020, District 62 revised the pandemic awareness policy and brought together a Return to School Planning Committee composed of teachers, administrators and board members to lay the foundation for a safe reopening of school buildings. This working group started the planning process while stay at home orders were still in place and eLearning was occurring at the end of last school year.

An overabundance of communication to families and staff allowed Districts 53 and 62 to share relevant and timely updates throughout the decision making and preparation process and into the new school year.

COVID-19 Testing Noting the lack of available COVID-19 testing opportunities amid the pandemic, Districts 53 and 62 spent months researching and planning how to provide testing within the school districts. Beginning in August 2020, both districts had collaborated to investigate testing options, develop testing protocols and begin pilot testing groups with much success.

Testing opportunities further solidified the districts’ commitment to in-person learning and leveraged the experience of district healthcare professionals to make appointments, coordinate testing services and facilitate reporting.

The districts received CLIA Certificates of Waiver to administer rapid antibody and antigen tests on-site to teachers, staff, students and community partners. This waiver includes the ability to administer any CLIA-waived tests, which are not limited to SARS-CoV-2/COVID-19. Testing became a community-based response to share the burden with healthcare providers by opening on-site testing throughout the community. Both districts shared the process followed to institute testing within their school districts throughout Illinois via webinars, podcasts and local working sessions. By December 2020, testing had expanded beyond students and staff to include all members of the Oak Brook and Willowbrook communities.

A Team Effort Navigating the policies and recommendations from various agencies and understanding how to apply them in a local setting was truly a team effort. From the board to administration, education associations, parents, volunteers, external partners and fellow superintendents, the amount of time and effort devoted to the safe reopening of school buildings is truly incredible. It was most certainly worth the effort to see the impact in-person learning has on students, families and staff alike.

Butler School District 53 and Gower School District 62 have offered full-day, in-person learning five days per week since August 2020 in a safe, healthy, secure environment for engaging learning to occur. It was not a matter of “if” the districts would reopen buildings, but a matter of “how” it would be done. Our primary goal was putting “unity” in community and building immunity. Collaboration, planning, research and communication were the bedrock of Districts 53 and 62’s 2020-2021 in-person school year.

Best Practices for On-Site Testing

• The diagnostic approach provides point-ofcare testing. Working in conjunction with local health departments, testing is available free of charge. The cost for the CLIA license to the district is approximately $180 for two years.

• The primary step is to obtain a CLIA Waiver to perform on-site testing. After obtaining the certificate, districts need to establish an area/room location in which testing will be performed, designate the person who will perform testing, obtain a provider order for testing, train individuals who will perform testing, establish a process for disposal of infectious waste and follow federal requirements for reporting test results.

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Illinois ASBO Past President Susan Harkin will be on the ballot in September for Vice President of ASBO International! By supporting Susan, we can take part in creating school funding solutions on a national and even global level. Read through Susan’s resume and passions… and prepare to cast your vote!

Susan’s Resume of Service AUTHOR Illinois ASBO UPDATE Magazine ASBO School Business Affairs Topics include: L eadership, Evidence-Based Funding in Illinois, Student Success, Meritorious Budget Award BOARD & COMMITTEE SERVICE Illinois ASBO Board of Directors, 2010-2017 (President 2016-2017) Chair of the ISBE Professional Review Panel ISDLAF Board Member, 2018-Present SELF-Worker’s Comp Insurance Cooperative, 2006-2009 SSCIP-Liability Insurance Cooperative, 2006-2009 Site-Level Financial Reporting Professional Review Panel, 2017-Present (Vice Chair 2018-Present) Professional Development Committee Member (Various), 2006-Present WORKSHOP PRESENTER Multiple Illinois ASBO Conferences ASBO International Annual Conferences IASB/IASA/Illinois ASBO Joint Annual Conferences Topics include: F inancial Forecasting, Leadership, Budgeting, Negotiations, Internal Controls, Advocacy, TIF & More!

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ACROSS-THE-GLOBE

A Passion for Public Education, Equity & Wellness “I believe SBOs can no longer view their role solely as the gatekeeper of the district finances. Throughout COVID, we have had to learn how to be problem solvers and work collaboratively with every level in the organization. It is my hope that this collaboration and breaking down of silos will now become our culture.

With that in mind, I believe there are several skills that SBOs will need to develop in the next 5-10 years. First, SBOs will need to continue developing their leadership skills to be valued members of their executive team. As equity in education continues to be a focus, SBOs will need to be skilled in navigating conversations about the impact of diversity, equity, and inclusion in their districts. As we come out of COVID, we need to learn how to support the social-emotional needs of our students and staff.

Lastly, I believe SBOs will need to develop systems that correlate student outcomes to district resources to find creative ways to target resources with the most significant benefit to our students.”

Taking Her Passions on the Road Over the course of the year, Susan has spoken for ASBO affiliates around the country, whether in-person or virtually, to share her passion for leadership with SBOs nationwide. Here are some of her 2021 campaign stops and session topics: February Alabama ASBO – LIFO New Mexico ASBO – Work/Life Balance April Washington ASBO – District Wellness Massachusetts ASBO – C reating an Awarding Budget Michigan ASBO – N avigating Your Career & Managing Change Southeast ASBO – Platinum Customer Service Missouri ASBO – The Character of Ethical Leadership May June Washington ASBO – Developing a Mindset to Lead Authentically New Jersey ASBO – Work/Life Balance Wisconsin ASBO – Work/Life Balance

How You Can Support Susan: Three Easy Steps 1. Make sure your ASBO International membership is current.

2. Stay tuned for voting info for the September 2021 election.

3. When the time comes, cast your vote electronically!

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SPECIAL EDUCATION LITIGATION: FREQUENCY AND TRENDS IN ILLINOIS

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ARTICLE

By Teri E. Engler

PARTNER ENGLER CALLAWAY BAASTEN & SRAGA, LLC

IT IS NO NEWS TO SCHOOL BUSINESS OFFICIALS, OTHER SCHOOL ADMINISTRATORS AND SCHOOL BOARD MEMBERS THAT SPECIAL EDUCATION LITIGATION, WHICH IS GENERALLY CONDUCTED AT THE ADMINISTRATIVE LEVEL, HAS BECOME AN INCREASINGLY COMPLEX, LENGTHY AND EXPENSIVE PROCESS OVER THE DECADES SINCE 1975, WHEN PUBLIC LAW 94-142 (NOW CALLED THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT OR IDEA) WAS ENACTED.

Frequency & Cost

Impartial due process hearings and complaints filed with the state education agency (in Illinois, ISBE) are the two longstanding processes available under IDEA for resolving conflicts between parents and school districts regarding the identification, evaluation, placement or provision of a free appropriate public education (FAPE) to children with disabilities.

Litigation of special education issues in the federal or state courts is less common in that it is limited to either appeals of due process hearing decisions or situations where IDEA’s “exhaustion of administrative remedies” requirement does not apply.

According to statistics provided by ISBE, the number of due process hearing requests, due process requests that have gone on to hearing, court appeals of due process decisions and state complaints in Illinois have declined for the most part in the past few years (both before and since the COVID-19 pandemic began):

Due Process Hearing Due Process Requests Filed Requests That Went to Hearing

Due Process Decisions Appealed to Court

State Complaint Cases

FY 2018

286

26

7

107

FY 2019

261

61

0

143

FY 2020

213

30

0

119

FY 2021 (thru 2/28/21)

88

5

0

63

Source: ISBE FOIA Officer, 3/8/21

There are several likely reasons for this downward trend, including: • Historically, the addition of a required “resolution session” to the federal and state special education laws after the last reauthorization of IDEA in 2004; the resolution session must be conducted within 15 days after a due process hearing request is filed (unless the parents and district mutually agree in writing to waive it or participate in state-sponsored mediation instead) so that the parties can discuss the issues in dispute and try to resolve them informally and without the time and cost of a hearing; • In the more recent past, an addition to Article 14 of the School Code permitting parents and districts to

voluntarily participate in state-sponsored mediation to resolve pending disputes, even if no due process hearing request or state complaint has been initiated; • The potentially significant costs of due process hearings (e.g., multiple hearing days are now common, document productions can be extensive, expert witnesses may be engaged in anticipation of litigation, and attorneys’ fees are often incurred in connection with these proceedings); • A general “pause” in litigation in 2020 due to the pandemic.

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While the decreased level of Illinois special education litigation is good news for schools, costs remain high for districts when actions are initiated. For example, a school district’s attorney fees and costs for a due process hearing can range from as little as $15,000-$20,000 to as much as $100,000 or more, depending on the number and complexity of issues, the degree of motion practice involved in a case and the length of the hearing. Many, but not all, school board insurance carriers and collectives pay for a district’s hearing – and appeal-related legal defense costs, after the deductible (which varies by insurer and policy) is satisfied and up to the per-claim limit under the policy. Other typical costs for districts in special education litigation include things like: • Substitutes for teachers and other staff (e.g., related service providers, paraprofessionals) who are called upon to help gather information for a district’s response to a due process complaint notice, preparation for their hearing testimony, and attending the hearing to testify; • Assembly/copying of student records for production to parents if requested, and of due process documents for the hearing; • In cases where districts are found to have violated the IDEA, the School Code and their respective implementing regulations, due process hearing officers have broad remedial authority and can order at least two years’ worth of retroactive reimbursements to parents for private evaluations, programs, services or placements (i.e., even private placements that are not approved by ISBE to serve children with disabilities) of their children, as well as prospective public or private programs, services and placements. Retroactive amounts ordered by a hearing officer are not subject to reimbursement to the district by ISBE; if prospective private services, programs, or placements are ordered, reimbursement from ISBE will depend on the nature of the service, program or placement (and sometimes the licensure of the provider). Typically, these costs are excluded from coverage under school board insurance policies; • If parents prevail at the hearing on some or all of the issues in dispute, they may be entitled to recover their attorney fees and costs from the district. Often parents’ attorneys’ charge a higher hourly rate than attorneys representing school districts, and again, school board insurance policies typically do not cover payments.

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In the end, special education litigation has remained a fairly expensive, labor-intensive, and time-consuming process for resolving disputes about children with disabilities.

Trends

There are many perennial issues that are at the heart of special education litigation year after year, in Illinois and nationwide. These issues include the timeliness and thoroughness of evaluations and reevaluations; accuracy of special education eligibility determinations; appropriateness of programs, services and other supports offered or provided; placement and least restrictive environment; and discipline disputes when children with disabilities engage in misconduct. Lately, there have been two noteworthy trends in special education litigation for schools to be aware of: 1. In Illinois, cases in which parents unilaterally place their students in private day or residential schools that are not approved by ISBE and then seek retroactive payment from and prospective placement by the district.

2. Nationwide, COVID-related cases (e.g., claims that districts have not timely identified and evaluated students with potential disabilities during the pandemic, or provided all IEP services during the pandemic, etc.).

With respect to the unilateral placement cases, outcomes may turn on things like the promptness of prior interventions provided and evaluations conducted by the district (or the special education cooperative to which it belongs, where applicable), data that supports the child’s progress before the unilateral placement was made, and level of private supports the parents may have been providing to the student before making the unilateral placement. Insofar as COVID-related special education litigation is concerned, in the immediate aftermath of the pandemic and school closures in spring and summer of 2020, hearing officers and courts were largely accepting of school districts’ best efforts to implement children’s IEPs under the unique circumstances of remote learning or hybrid remote learning.

Since the fall of 2020, there have been more reported decisions by hearing officers and courts in which districts’ best efforts were not enough to avoid claims of evaluation delays and incomplete IEP implementation. It is reasonable to expect that these claims will continue into the 20212022 school year (and perhaps beyond), as the full extent of the impact of the pandemic on student learning and achievement is better understood.

RESOURCES Honoring the Everyday Hero Ever wished you could be a superhero? As leaders we all hope our presence has impact — impact that has everlasting ripples in our organizations. However, the story of a superhero tends to be over-the-top and dramatic, and rarely do our lives represent such superhuman abilities.

We are mere mortals, after all.

situations into positive environments of support and growth. Each story within the book dives into an individual’s experience and the skills needed to make the best decisions and retain political capital.

The author recommends a shift from the “problem-solution paradigm” that only captures a solution that exists within a moment of time, to an “actIn Leading Quietly: An Unorthodox Guide to Doing the Right Thing, Joseph learn-act-learn approach” that includes space to evolve with new information.

Badaracco does a great job honoring us mortals and the decisions we make This new approach allows leaders to grow in responsibility and in the every day. He shares experiences complexity of real-life problems and from real-world situations and the many small decisions that go into large, solutions they take on as positional expertise increases. culture-shifting change. These are the decisions that need to be honored.

Leading Quietly is an excellent study of the everyday hero. The one that, like Badaracco revolves his solutions all of us, makes a ton of decisions that around four main skills that stand have profound ripples in everyday lives, out amongst the leaders who accept but will not necessarily make history the challenge of shifting turbulent books. It is truly nice to see a book that can address our decision woes, provide great examples of situations that we may have encountered and show was done to provide leadership.

Please take the time to read it.

On Their List Book reviews from your peers on relevant career topics

Marcus LaPointe, CPMM, CPS Area Manager GSF-USA Marcus joined GSF-USA’s team in March of 2021. Formerly, he worked for U-46 School District as a Custodial Coordinator on the plant operations management team. Marcus has his CPMM, CPS and CBO certifications. His mission is to elevate relationships with customers and crew and build skills within his team members to provide the best service.

“An honest recognition of confused motives can prompt people to pause, look around, inquire, reflect, and learn, before plunging into action in complex situations.”

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THE FINAL WORD SPEAKING UP ON LEGAL ISSUES LINDA JEFFERS

Business Manager, CSBO Indian Springs SD 109

The SBO’s Role in Legal Issues

As school business officials, part of our job is to make sure our districts are on the “right side of the law.” We do not pretend to be attorneys by any stretch of the imagination, but we are expected to know the basics of all the various legal issues with which school districts must comply, and most importantly, understand when it is time to call in the experts. I have always been interested in the law, so this is a role I have quite enjoyed and what (along with a nudge from a friend) led me to join the Legal Issues Professional Development Committee.

The Biggest Legal Challenges

The biggest challenges regarding legal issues are keeping up with the proliferation of new legislation affecting school district operations and the time and resources consumed by compliance.

Legal Issues to Watch

One of the issues I will be watching is school district consolidation legislation. It resurfaces every few years and is now on the move again. Another bill that may deserve attention is described as the Local Government Transparency Act. It would amend the Open Meetings Act and require any number of unspecified documents to be posted on a school district’s website for a period of ten years.

What Districts Can Do Now

The most important thing school districts can do to stay abreast of current legal issues is to stay plugged into education-related professional associations like Illinois ASBO and IASB. (No arms were twisted!) Both do an excellent job of keeping their membership informed of new or pending legislation impacting Illinois school districts.

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Illinois ASBO Monday, June 28 , 2021 Stonebridge Country Club Join your colleagues and friends on the course for a day of golf and camaraderie.

Participate in tournament play for a chance to win a trophy, or simply select “no competition” during registration and enjoy the outing!

S OFFICIA ES L N

INOIS ILL A IATION OC of SS

S

OL BU HO SI SC

Tournament Categories:

Special Thanks to Event Sponsors:

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• Past Presidents & • Tournament Net • Tournament Gross Past SAAC Chair Net • No Competition

Get Ready to

Vote for Susan!

Illinois ASBO needs the full support of our active ASBO International members to help our own Past President Susan Harkin get elected as ASBO Vice President this fall.

If you have been considering joining or renewing your ASBO International membership, now is a great time to do so, so that you will be ready to support Susan with your vote.

Watch your email:

Voting Open: September 15 Voting Close: September 29 All voting will take place online.

Learn more about Susan and her passion for school business at www.susanharkin.com | #heartharkin2021