Volume XIII • No. 1 • Spring 2015
MR. PRESIDENT
A Publication of the Oklahoma State School Boards Association
What is the most important way OPSUCA has helped your district?
99%
of respondents would recommend OPSUCA to non-member districts
www.opsuca.org • 405.528.3571
• Immediate answers and legal direction. • Fighting our battles for us, leaving us more time for other things. • OPSUCA does all the leg work for us and does so in a timely manner.
We have had great success with OPSUCA!!! Thank you for all your help with Oklahoma Schools. • Our district has been well represented by OPSUCA at hearings and with other legal issues. • Taking the paperwork out of our offices. • Your knowledge of law and the system saved us many hours, and I know it saved us money. • OPSUCA staff has worked diligently to keep our district informed regarding our unemployment claims. The assistance we receive from OPSUCA is necessary to the success of keeping our unemployment cost under control.
Volume XIII • No. 1 • Spring 2015
A New Conversation............................................................. 3
It's Policy: Filling Open Records Requests....................... 10
Presidential Ponderings........................................................ 5
School District Website: Is Yours in Compliance?..................................................... 12
Oklahoman Named President of National School Boards Association................................................... 7
The Miracle Worker............................................................ 14
Poll: Oklahomans Oppose School Vouchers..................... 8
OSSBA Partners................................................................... 16
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2015
Officers and BOARD OF DIRECTORS Dr. Floyd Simon, Jr. - President Clinton Mike Mullins - President-Elect Sand Springs
Roger Edenborough - First Vice President Goodwell Don Tice - Second Vice President Oologah-Talala
Willa Jo Fowler - Immediate Past President Enid John D. Tuttle - NSBA President Kellyville
The Oklahoma State School Boards Association offers services that support, safeguard and advocate for Boards of Education in order to improve public education. OKLAHOMA SCHOOL BOARD JOURNAL Shawn Hime Executive Director and Editor Christy Watson Director of Communications and Marketing and Editor Kelly Ross Marketing Coordinator and Design Editor Official publication of Oklahoma State School Boards Association, Inc. 2801 N. Lincoln Boulevard, Ste. 125 Oklahoma City, Oklahoma 73105 (405) 528-3571 • (888)528-3571 toll-free (405) 528-5695 fax www.ossba.org ISSN 0748-8092
The Oklahoma State School Boards Association, publisher of The Oklahoma School Board Journal, reserves the right to accept or reject any material, editorial or advertisement submitted to the Journal for publication. Advertisements appearing in the Journal do not necessarily reflect an endorsement by the OSSBA of the advertised materials or services. 2
Region 1 Mike Ray, Guymon Roger Edenborough, Goodwell Region 2 Terry Graham, Burlington Wesley Crain, Fargo Region 3 Willa Jo Fowler, Enid Cheryl Lane, Frontier
Region 4 Mike Mullins, Sand Springs Ruth Ann Fate, Tulsa Cheryl Kelly, Broken Arrow Region 5 Don Tice, Oologah-Talala Rodney Schilt, Adair
Region 6 Dr. Dan Snell, Norman Frances Percival, Millwood Ron Millican, Oklahoma City Region 7 John D. Tuttle, Kellyville Keith Sandlin, Shawnee
Region 8 Brenda Barney, Wagoner W. Scott Abbott, Fort Gibson Region 9 Dr. Floyd Simon, Jr., Clinton James Smith, Leedey Region 10 Beth Schieber, Okarche Jackie McComas, Anadarko Region 11 Donna Ronio, Lawton Karol Haney, Cache
Region 12 Ed Tillery, Whitebead Joe Don Looney, Pauls Valley Region 13 Roy Justice, Mannsville Tony Hawkins, Madill
Region 14 Dee Lockhart, Haworth Kevin Blake, Battiest
Region 15 Dr. Joe Williams, Meridian Tech. Center Dustin Tackett, Caddo-Kiowa Tech. Center
A New
What do you say about the students, educators and schools in your community during casual Shawn Hime, OSSBA conversations Executive Director at church, in the grocery store or when having dinner with friends at a local restaurant? And when was the last time you invited your lawmaker to the elementary school science fair or high school band concert or even to just spend a morning or afternoon with your district’s teacher of the year? And when it’s time to have those really hard conversations with lawmakers, what do you say? As public education advocates, we’re obligated to tell the stories of our children and our schools. You can be sure that when something goes wrong, the story gets out. That just means we have to work that much harder to tell the stories of success. But first, we have to look for them. I was sitting at my desk last fall as I did a little Internet research on education statistics. I came across a report from the Southern Regional Education Board, a group of which Oklahoma is a member state. SREB had just released a report about ACT and SAT scores.
What I read surprised me – and then came the guilt. The report showed that in 2013, Oklahoma had the highest average ACT score among SREB states where a majority of students take the ACT. At first, I wasn’t sure I had read the report correctly. Why the doubt? Those of us working in and around public education are confronted with the statistics of public education every day. We’re told that we’re dooming children to mediocrity, or even worse, poverty. And with many of the reforms that have made their way from the state Capitol to the classroom over the last decade, the implicit message has been that we don’t care enough about the success of every child and that we aren’t working hard enough. I know in my head and my heart that public education is not failing our children. High school graduation rates are higher than they’ve ever been. Nearly 90 percent of Oklahoma students take a college-preparatory curriculum. Our colleges are filled with young people who are experiencing academic success because of the solid academic foundation they received in public schools. I know public education isn’t failing because it isn’t failing my children. All three have had amazing, caring teachers throughout their school careers. The oldest, an Enid High School graduate,
is a National Merit Scholar at the University of Oklahoma. Public education critics are right that our schools must do better. Too many of our children – particularly those in poverty – are struggling academically. But each of those children has a story – and school is only a small part of their story.
We need to do a better job sharing the stories of success in our communities and with our legislators. And when the conversation turns to our challenges, instead of being defensive, we need to tell those stories, too, and talk about the help schools need to overcome those challenges. I’ve visited with many lawmakers who have a sincere desire to help public schools. But telling them schools simply need more money isn’t good enough. They want to know if schools would use additional money to shrink class sizes, improve teacher recruitment or expand academic programs. Someone asking how schools would use new money isn’t an unreasonable question. It’s an opportunity to tell your story, and school leaders should never pass up that opportunity. n 3
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Presidential Ponderings
Early in the legislative session, two bills to create educational savings accounts appeared to have some momentum. Despite the positivesounding name, these bills would have created vouchers, allowing students to attend private school at public expense. Fortunately for our students and taxpayers, the Legislature listened to a clear message: Oklahomans do not support vouchers. One bill was never heard, and the other was pulled from consideration for a vote by its author. While this is good news, these proposals likely will resurface again next year. The 2015 session is not the first time we’ve seen or heard of education savings accounts; similar bills were brought up last session and were defeated in committees, but the authors persist despite the clear lack of support. This is not a uniquely Oklahoma issue. Many other states are dealing with voucher legislation. As Oklahoma strives to blaze its own education path by not blindly following the standards and policies of other states or the federal government, perhaps we ought not follow a program that has not proven to be beneficial for students in other states and that Oklahomans clearly don’t favor. Parents generally have confidence in their local schools and believe their schools are doing a good job. They trust us with their children. That’s why as education leaders in our respective communities, there’s another way to view the school choice debate. We can’t let the challenge of the school choice debate at the Capitol deter us from the goal of ensuring the continuation of the obvious: that the public schools in our communities continue to be the schools of choice. As a state, student enrollment is always on the rise but funding isn’t keeping pace. Some of our districts feel that reality more acutely than others. That’s a significant challenge when we’d
certainly like to expand educational offerings, reduce class sizes, invest in technology, reward our hard-working educators already serving in our students’ classrooms and have the financial resources to hire the best teachers.
Yet every day in classrooms throughout Oklahoma, our students overcome challenges to put forth their best effort. We are pleased, but not surprised, when they meet the expectations we’ve put forth. We always expect their best. As school board members, we must challenge ourselves to find opportunity amid the struggles. We cannot always just fight against bad policies; we must also continue to focus on policies that support student achievement and provide encouragement and support to the school leaders and teachers in our cities and towns. In our search for more, we can’t miss the possibilities in front of us. n
Dr. Floyd Simon, Jr. was elected as President of OSSBA at the Delegate Assembly, Aug. 23, 2014. He is a board member from Clinton Public Schools and serves as the District 9 Director for OSSBA.
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MR. PRESIDENT Oklahoman named President of National School Boards Association John Tuttle, a member of the Kellyville Public Schools Board of Education since 1993, became president of the National School Boards Association at the organization’s annual conference in March in Nashville. Tuttle became the association’s 68th president and only the third Oklahoman to serve in the role of NSBA president. A lifelong Oklahoman, Tuttle said he hopes to build on NSBA’s nationally recognized Stand Up for Public Education campaign by encouraging local board members to “step up” for the nation’s public schoolchildren. “We are accountable to the children of our community, and every board member needs to make sure they aren’t letting the voices of children go unheard,” Tuttle said. “We know we have work to do to improve public education, but we also have many success stories to share. Local school board members must be fierce advocates for the children and schools in their communities.” Tuttle has served on the board of directors of the Oklahoma State School Boards Association since 1998, serving as president in 2006. He was named to the board of directors for the National
School Boards Association in 2007. Tuttle succeeded, Anne Byrne, a longtime member of New York’s Nanuet Union Free School Board.
Christy Watson, OSSBA Director of Communications and Marketing
“For years, Oklahoma’s students have been the fortunate beneficiaries of John’s commitment and passion for children and public education,” said Shawn Hime, executive director of the Oklahoma State School Boards Association. “I know he will use this national role as an opportunity to remind school board members of the value of their work and to ensure the focus stays on providing a high-quality education for every child.” More than 100 Oklahoma school board members and school board association representatives from across the country honored Tuttle at a reception in Nashville. The sponsors of the reception were: Stephen H. McDonald and Associates; Brokers’ Risk; BuyBoard Purchasing Cooperative; Scholastic Education; McGraw Hill Education; Sodexo; Alpha Plus Educational Systems; BancFirst; Pelco Structural; Rosenstein, Fist and Ringold; Mass Architects; BoardDocs; American Fidelity Assurance Company; and Oklahoma Schools Risk Management Trust. n 7
Oklahomans overwhelmingly oppose using according to a poll released as lawmaker Christy Watson, OSSBA Director of Communications and Marketing
The poll found: •
• •
• •
Oklahomans strongly oppose school vouchers by a two-to-one margin. Twenty-four percent said they strongly favor giving parents money for their children to attend a private or religious school compared to 48 percent who strongly oppose it. Self-identified Republican voters are divided in their support of vouchers. Swing voters -- those who don't identify with either party -- opposed vouchers by a more than three-to-one margin. Voters in rural communities were the most opposed to vouchers. Suburban voters also voiced their opposition. More than 60 percent of parents said they oppose state government giving parents money to pay for private or religious schooling.
“There is simply no desire on the part of Oklahoma voters to begin providing parents with school vouchers,” said Glen Bolger, whose Public Opinion Strategies firm conducted the poll. Poll results show even base Republicans and very strong conservatives become less supportive of school vouchers once they learn more. “In short, school vouchers are a losing issue with swing voters, and also far from a sure thing with the Republican base,” Bolger said. Within days of the poll’s release, state Sen. Clark Jolley, R-Edmond, announced he would not press forward with Senate Bill 609. SB 609 was a school voucher-type bill that would give money earmarked for public education to parents via a debit card. Parents could have used the debit card to pay for private school tuition, online 8
curriculum, extracurricular activities including athletics, tutoring and college tuition. The bill can be revisited next session.
“The poll results leave no doubt: Oklahomans want lawmakers to focus on supporting public schools that serve all children,” said Shawn Hime, executive director of the Oklahoma State School Boards Association, which represents more than 2,700 school board members statewide. Oklahoma has led the nation in cuts to perstudent funding since 2008, according to the Center for Budget and Policy Priorities. Oklahoma public school enrollment has increased more than 43,000 students since 2008, but funding has not kept pace. Steven Crawford, executive director of the Cooperative Council for Oklahoma School Administration, said SB 609 would have further diluted per-student funding schools receive from the state. Every student entering prekindergarten this fall would be eligible for a voucher without ever having attended a public school.
g public money to pay for private schooling, rs considered school voucher legislation. “Class sizes are increasing and schools can’t find enough teachers because schools simply don’t have the resources to offer the pay and other support teachers deserve,” Crawford said. “Oklahomans want lawmakers to provide the resources schools need to make sure every child receives a high-quality education.”
student achievement and how they spend public money. SB 609 provided no such oversight.
Ryan Owens, executive director of the United Suburban Schools Association, said lawmakers have spent the last several years passing legislation to hold schools accountable for
Owens also said the bill was legally questionable because it gives money specifically dedicated to public schools to private individuals in violation of the state constitution. Full poll results are available at www.ossba.org n
“What we’re talking about is public money,” Owens said. “If private schools are going to accept public money then the same rules should apply.”
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It’s Policy
Julie L. Miller, OSSBA Deputy Executive Director and General Counsel
The Oklahoma Open Records Act requires public bodies to make available all records that are not otherwise protected by state or federal law for inspection and copying. 51 O.S. § 24A.5. Public school districts are a political subdivision of the State of Oklahoma and as such are subject to the legal requirements of the Oklahoma Open Records Act. As a result, it is important that each school district establish a process to allow access to public records. A school policy on open records should include, but is certainly not limited to, the following: What Records Are Subject to the Oklahoma Open Records Act? Oklahoma law sets forth a very broad definition of record as follows: “Record" means all documents, including, but not limited to, any book, paper, photograph, microfilm, data files created by or used with computer software, computer tape, disk, record, sound recording, film recording, video record or other material regardless of physical form or characteristic, created by, received by, under the authority of, or coming into the custody, control or possession of public officials, public bodies, or their representatives in connection with the transaction of public business, the expenditure of public funds or the administering of public property. "Record" does not mean: a. computer software, b. nongovernment personal effects, c. unless public disclosure is required by other laws or regulations, vehicle movement records of the Oklahoma Transportation Authority obtained in connection with the Authority's electronic toll collection system, d. personal financial information, credit reports or other financial data obtained by or submitted to a public body for the purpose of evaluating credit worthiness, obtaining a license, permit, or for the purpose of becoming qualified to contract with a public body, e. any digital audio/video recordings of the toll collection and safeguarding activities of the Oklahoma Transportation Authority, f. any personal information provided by a guest at any facility owned or operated by 10
the Oklahoma Tourism and Recreation Department or the Board of Trustees of the Quartz Mountain Arts and Conference Center and Nature Park to obtain any service at the facility or by a purchaser of a product sold by or through the Oklahoma Tourism and Recreation Department or the Quartz Mountain Arts and Conference Center and Nature Park, g. a Department of Defense Form 214 (DD Form 214) filed with a county clerk, including any DD Form 214 filed before July 1, 2002, or h. except as provided for in Section 2-110 of Title 47 of the Oklahoma Statutes, (1) any record in connection with a Motor Vehicle Report issued by the Department of Public Safety, as prescribed in Section 6-117 of Title 47 of the Oklahoma Statutes, or (2) personal information within driver records, as defined by the Driver's Privacy Protection Act, 18 United States Code, Sections 2721 through 2725, which are stored and maintained by the Department of Public Safety; 51 O.S. § 24A.3. In addition, state and federal laws also exempt from the definition of public record the educational records of students, the evaluations of school employees, documents that are protected by the attorney-client privilege. Oklahoma law also exempts records from public disclosure: 1. Which relate to internal personnel investigations including examination and selection material for employment, hiring, appointment, promotion, demotion, discipline, or resignation; or 2. Where disclosure would constitute a clearly unwarranted invasion of personal privacy such as employee evaluations, payroll deductions, employment applications submitted by persons not hired by the public body, and transcripts from institutions of higher education maintained in the personnel files of certified public school employees; provided, however, that nothing in this subsection shall be construed to exempt from disclosure the degree obtained
and the curriculum on the transcripts of certified public school employees. 51 O.S. § 24A.7. Those records identified as public records include agendas, minutes of school board meetings, financial information, and contracts involving the school district. Who Fills Open Records Requests? The board of education should identify someone as the designated records custodian to be in charge of fulfilling open records requests. This person should be familiar with Oklahoma law and be able to make a determination as to whether a particular record is an open record. This person should be available during school business hours to fulfill open records requests. How Long Does a School District Have to Fulfill an Open Records Request? A reasonable amount of time is provided to fill open records requests. However, districts should be careful in trying to designate any set period of
time to fulfill open records requests. If a record is immediately accessible, a reasonable amount of time will be very quick. If a record is in storage, a reasonable amount of time will include the time to travel to the storage location and obtain the necessary records. Setting an arbitrary amount of time to fill records requests could present a legal challenge to the school district. Is a Fee Charged? Oklahoma law allows a public body to charge up to twenty-five cents (.25) for a copy. In order to charge a copy fee, the district will need to have a copy of the fee schedule for records on file in the office where requests are made and at the county clerk’s office as per 51 O.S. § 24A.5. Oklahoma law allows a search fee to be charged. This search fee would be in addition to any copy fees. The search fee can only be charged to those making a commercial request or where a request would clearly cause excessive disruption of the public body’s essential functions. 51 O.S. § 24A.5. The amount of a search fee is a local control issue. n
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Stephanie Mather, OSSBA Director of Legal Information and Staff Attorney
I really enjoy looking at Oklahoma school districts’ websites. They provide so much information about the schools and student achievement. They are a wonderful way to communicate with constituents and provide information to parents and students. Because patrons rely more and more on obtaining information about the school through technology, the Oklahoma Legislature has made requirements concerning items that must be placed on these websites. It is important that school districts comply with these mandates. The first requirements deal with board of education matters, and can be found at 74 O.S. §§ 3106.2 and 3106.4. School districts must post on their websites information concerning the dates, times and information about all regularly scheduled meetings and as much information as possible about special meetings. Most school districts comply with this by posting the dates of regularly scheduled meetings after they are filed with
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the County Clerk in December. Likewise, post agendas of both regular and special meetings as soon as the agenda is available. A review of school district websites indicates many are not up to date, and agendas are not posted in advance of the meeting. The agendas should be posted at the same time they are posted on the door, to provide advance notice to anyone who might want to understand what will occur at the meeting. Many school districts post copies of board minutes on their websites. Posting the minutes is a good practice and keeps your patrons informed. However, the posting of minutes is not required by law. The website must also include at least the names of all board members of the district, and other information you desire to include about the board members. Most districts provide information concerning the office the board member holds, and many provide an e-mail address for the board member. Finally, pursuant to the Oklahoma Government Website Information Act, school districts must make available on their websites information
Websites are a wonderful tool to communicate and provide information to your patrons and the public. regarding statutes and administrative rules affecting the school district. We believe this requirement could be met by providing links to both the School Laws of Oklahoma at the Oklahoma State Department of Education website and the administrative rules found on the State of Oklahoma website.
5. The type of transaction;
School districts must annually notify parents or guardians of students about clubs or organizations at the school. This notification must be posted on the school district website. (70 O.S. § 24-105)
8. The budgeted and audited actual expenditure figures for each fiscal year, ensuring each set of figures can be identified as budgeted or audited figures; and
School districts are now required to post their discipline and bullying policy on the school district’s website, as well as on the website of each individual school site that has a website. (70 O.S. § 24-100.4) If the school district posts all of its policies on its website, we likewise believe this requirement can be met by providing a link to that policy or policies. The School District Transparency Act went into effect in 2011 and requires school districts to post on their website information transmitted to the State Department of Education as follows: 1. Identification of the school district; 2. The Oklahoma Cost Accounting System (OCAS) code designation for each expenditure; 3. The name and principal location of the entity or recipient of the funds, excluding release of information relating to an individual’s place of residence and release of information prohibited by subsection D of Section 24A.7 of Title 51 of the Oklahoma Statutes or by federal law relating to privacy rights; 4. The amount of funds expended;
6. A descriptive purpose of the funding action or expenditure; 7. Copies of all credit card statements, identified by department responsible for each credit card;
9. The per-pupil spending figure, derived by dividing total expenditures by the total number of students enrolled for each school year. (70 O.S. § 5-135.4)
to the public online through the school district website. (70 O.S. § 24-100.7) And, finally, 70 O.S. § 1210.508C requires school districts to post on their websites the information concerning school assessments conducted by the State Department of Education, commonly referred to as the school district report card. Make sure your district’s website is in compliance by including all of the required information. Also ensure that your technology folks are charged with updating the website frequently to include accurate and current information. n
In 2014, the Oklahoma Legislature enacted a new law which allows, but does not require, a board of education to adopt a policy regarding suicide awareness and training and the reporting of student drug abuse. This is certainly commendable, and should be considered by each board of education. If such a policy is adopted, the same law does require that the course outline for the curriculum shall be made available 13
The election for State Superintendent of Public Instruction is over. Joy Hofmeister soundly defeated Janet Barresi in the Republican primary and then defeated John Cox in the general election by quite a significant margin. So for at least the next four years Joy Hofmeister will be our State Superintendent. What will Superintendent Hofmeister accomplish during her time in office? Will she be a miracle worker? If anyone is looking for miracles, they will likely be disappointed. Joy did not run on a platform of miracles, nor is she capable of delivering such. The task ahead is one that will require plodding through the existing administrative and legislative structures to bring about needed changes. Such changes will not be easy, or miraculous to achieve. Regardless of the level of success; they may or may not be welcomed by all segments of our education community. So if miracles are not in the offing, what can we expect from the Hofmeister administration? The first word that comes to mind is consistency. Throughout her campaigns, both primary and general, she took positions on the issues of the day and stuck to them, even at times when they were unpopular to various segments of the education and general communities. She showed fortitude by sticking with her views
Michael Barlow, Barlow Education Management Services
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on the solutions for the problems that must be addressed and solutions that must be achieved. What also comes to mind when looking deeply into the situation, is that her conservative approach during the campaign will likely be tempered with the reality needed in order to work with moderate Republicans, moderate Democrats, and even liberal Democrats, if any can be found. While not a miracle worker, Joy will attempt to be a problem solver and she is astute enough politically to know that problems are not solved by leaning too far to the right or left; it will likely take a centrist view to solve most problems and bring about meaningful change. Another attribute that Joy has in her tool kit is connection. During the campaign, especially in the twilight days of the campaign, she touted her Republican credentials to voters. Joy espoused the theory that as a Republican she would be better positioned than her Democratic opponent to deal effectively with the incumbent Republican dominated Administration and Legislature. To begin with, she was endorsed in the primary by scores of Republican legislators. Before running for the office of State Superintendent, Joy was an appointee of Republican Governor Mary Fallin to the State Board of Education, as were all of the other members of the State Board; thus a positive working relationship with the State Board can be expected, as well as with the statewide elected officials, all of whom are Republicans. It will take all of the above attributes: consistency, centrist views, and connections to tackle the problems faced by education. The first and foremost issue will be funding. During the campaign both Joy and her highly competent Democratic opponent, John Cox, stressed the fact that without significant increases in funding we cannot expect education to survive and thrive. Schools are being funded at levels lower than was the case in 2008. Teachers’ salaries languish at 49th in the nation, (in my 46th years in education, I do not remember our teachers placing anywhere better than 44th when compared to the national average.) Another critical factor is that our teachers’ salaries are last in the Region, allowing an
Oklahoma teacher to move in any direction on the compass and earn as much as $10,000 to $15,000 more per year in salary and benefits. It’s hard to compete for the top candidates with those numbers, especially for the schools along the borders between Oklahoma and the surrounding states. It will be up to Superintendent Hofmeister to build the coalitions necessary to tackle the companion issues of general funding for schools and meaningful raises for teachers. Reform is also on most agendas, and testing and accountability might be the number one issue in this realm. It is clear to most positive thinkers in education that our children are being over-tested and too much time is being spent in the classroom preparing for and administering the tests. Concurrently, most in the education community believe that the end result, the reliance on the test scores, is not a realistic and healthy way to measure the performance of students or schools. And, with
full implementation of the TLE scheduled for the 2015-16 school year, teachers will be judged based upon student test scores, with even their job security teetering on these test results. The bottom line is that something more realistic than A-F, or at least a serious revision of the A-F formula is needed to make this type of accountability meaningful. The list of challenges that Superintendent Joy Hofmeister will face could go on and on, but there is a more important message to get across as we begin her administration. All of us in the education community, Republicans and Democrats, teachers, administrators, parents and business-leaders must join together to advise her and support her efforts. While she is not a miracle worker, she is a hard worker with the strength of character and wide variety of skills that will be needed to accomplish all of the tasks she will face. I’m on board with Superintendent Hofmeister. Are you? n
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