June 2019 Report Card by ASBA

School-based mental health

Matt Sutton manages Mountain Home’s school-based mental health program by working with school counselors like Kristyn Goodwin, left, and Sarah Gore, right, a mental health professional based at the school but employed by a private provider. The hybrid approach helps the school district keep the focus on student needs while giving it access to private providers’ many services.

That legal stuff ...

I am certain we are all happy the Arkansas legislative session has wrapped up. We saw plenty of changes that will affect schools in the upcoming year. While we could discuss those changes here, I feel compelled to just move on to something else.

Twenty years ago, as a first-year school board member, I rushed to Little Rock to take the new board member training offered by the Arkansas School Boards Association. It is hard for me to believe it has been that long ago; time certainly flies. The first session I attended was presented by a young female attorney that we all know. She promptly informed us that sometime during our board tenure we would be involved in a lawsuit. Just as she predicted, two years later a knock came on the front door of my home, and a summons was served. It would be wrong of me as a tenured board member to get into too much detail about this lawsuit even though the student would now be around 35 years of age. The summons took me to the Western District court, which was in Fayetteville at that time. Our local school board consisted of seven members just like most Arkansas school boards. The lawsuit was against all members of our local board who had voted “no” on a parent request. The

by Neal Pendergrass ASBA President

parent’s request went against our local school policy that was in place at the time. The vote was four to three against the request. The four board members who voted no were subsequently named in the suit. The judge reviewed the lawsuit and looked at our local school board policies. After testimony, he dismissed the lawsuit. His reason was simple: We had a sound board policy document, and we followed our policy.

While we hear a lot about a school board’s responsibility to hire superintendents, I sometimes ponder if it is the most important thing we do.

There is no argument that the superintendent you hire, and his or her decisions and the role he or she plays in the

school climate and culture, are important to a school’s success.

However, as evidenced in my vignette above, creating policy, vetting and updating policy, and then following your policy is also critically important. If our local board policy contained any flaws or oversights, or if our decision had been made without regards to our district policy, the judge’s decision surely would have been different. ASBA of course provides its member districts with a model policy service. If the model policy needs changed or tweaked to be a better fit for your district, I strongly encourage you to share any changes with ASBA’s legal team to ensure your policies will stand up if challenged.

In conclusion, your district policies also should be reviewed from time to time by your board. One suggestion is to break up the policy review so that the policies will be totally reviewed during one board member term. A four-year board term would review one-fourth of the policies per year. This also ensures that each board member has seen or is familiar with all their district’s policies. Good, sound policies ensure compliance with laws and regulations and give guidance for decision-making processes.

I hope each of you have a great summer!

20 Through its school-based mental health model, Mountain Home provides individual and family services to meet student needs. It can do so from a school-led, not a provider-led perspective – meaning students, not revenues, come first. In fact, for the students and their families, there’s no cost. But the district has the resources and expertise of those providers available.

More than 100 acts that impact K-12 education are included in the biennial publication. Deadline to order is Sept. 15. How do you hire millennials?

Millennials have moved into the workforce, and school leaders not only must communicate with them, but also must connect with them, says Russellville Superintendent Dr. Mark Gotcher.

Legislators this year passed laws increasing per pupil foundation funding and teacher salaries, but the biggest news regarding school funding will occur over the next year-and-a-half as legislators conduct an adequacy study that could alter the school funding formula.

can’t we just fire the coach?

You can – if you have someone on staff who knows the sport and has time to counsel and mentor that person before the firing occurs. Doing otherwise risks running afoul of the Teacher Fair Dismissal Act, says ASBA Staff Attorney Kristen Garner.

Cover / School-based mental health

At the Mountain Home School District, every campus is staffed with a mental health professional who works for a private agency, but the program is coordinated by a district employee who is also a mental health professional.

ASBA News and notes

Children of school board members earn ASBA scholarships

Four children of Arkansas school board members earned ASBA Educational Foundation scholarships, and all of them plan to enter the medical field.

The $650 ASBA Freshman Scholarships are available to school board members’ children and legal wards who are attending two-year and four-year schools in Arkansas. The awards are based on academic record, community and extracurricular involvement, and leadership potential. They are awarded to four high school seniors, one from each of the state’s four congressional districts.

In the 1st District, the scholarship winner was McKenzie Cheek of England, a graduate of England High School

and the daughter of Scott Cheek of the England School Board.

Cheek plans to major in biology at the University of Central Arkansas and then to attend medical school. She

earned a 4.1 grade point average and was ranked first in her class of 54. She was a four-year Student Council member; was a member of the Fellowship of Christian Athletes and Beta Club; played softball, basketball and track; and was a cheerleader.

She has participated in numerous community activities, including local

food pantry drives and Toys for Tots, and is a member of the First Baptist Church of England.

In the 2nd District, the scholarship winner was Sophia Isely of Center Ridge, a graduate of Nemo Vista High School and the daughter of Nemo Vista School Board member Andy Isely. Isely plans to major in neuroscience at Hendrix College and then to attend medical school and become a neurologist. She earned a 4.13 grade point average and was ranked first in her class of 32. She

ASBA News and notes continued on page 7

Cheek

Isely

by Dr. Tony Prothro

Letter from the Executive Director

The impact of the school budget on student success

Schools around the state are gearing up for the summer break. Many years ago the general public might have been partially right in saying that educators are fortunate to have a three-month vacation every year. However, the needs of the education system have fairly eradicated that type of summer break. Many of our employees are preparing for their busiest time of year. Custodians will be removing entire rooms of furniture in order to clean and wax floors. Maintenance workers will be hurriedly trying to complete projects that could not be done while students were present. Teachers and administrators will be attending professional development workshops, working on schedules and preparing for the start of a new school year. Many crucial tasks are on a tight timeline to complete before students arrive in August.

So what is the role of the board member during this busy time of year? The school budget may be a good place to focus. The fiscal year will end on June 30, and a new budget year will commence. The final budget must be approved in early fall, but many districts may have already started the budgeting process. A vast majority of the budget is consumed by set operational costs such as salaries, utilities, bond payments, etc., but there is usually a little wiggle room for most districts who are not in the dreaded fiscal distress category.

This is a great opportunity to have conversations about the upcoming school year. Are there extra maintenance

costs that need to be budgeted? What about new facilities or major remodels? We all know the importance of acquiring and retaining exceptional educators. How do our salaries compare with surrounding districts and the state average salaries?

All of these budget items are extremely important; however, board members must never lose their focus on the primary mission – educating our students. This is a wonderful time to explore the student population. Board members and administrators need to dialogue about the many facets and particular needs of the students they serve. Relevant data might include items such as test scores, student discipline, mental health needs, curriculum offerings, student needs in relation to personnel staffing, and extracurricular opportunities.

I have heard it said that you can look at someone’s checkbook or online spending to determine what they value. People will usually spend their money on what is most important to them. The same is true of the school budget. Do our expenditures align with what our students most need? Does our budget promote student success? Budgeting is a pivotal responsibility of the administration and school board that at times requires difficult choices due to limited resources. It is crucial for the school board and administration to align those resources with student needs in order to ensure the brightest possible future for our students.

The Journal of The arkansas school Boards associaTion

P.O. Box 165460 / Little Rock, AR 72216

Telephone: 501-372-1415 / 800-482-1212

Fax: 501-375-2454

E-mail: arsba@arsba.org / www.arsba.org

Board of

Directors

President: Neal Pendergrass, Mountain Home

President-elect: Randy Goodnight, Greenbrier

Vice President: Rosa Bowman, Ashdown

Sec.-Treasurer: Dr. Tad Margolis, Valley View

Past President: Debbie Ugbade, Hot Springs

Region 1: Randy Hutchinson, Springdale

Region 2: Randy Rogers, Lead Hill

Region 3: Dr. Julea Garner, Highland

Region 4: Kyle Cannon, Mena

Region 5: Clint Hull, Pottsville

Region 6: Keith Baker, Riverview

Region 7: D’James Rogers, West Memphis

Region 8: André Acklin, Conway

Region 9: Joey Astin, Forrest City

Region 10: Mark Curry, Lake Hamilton

Region 11:Jeff Lisenbey, Sheridan

Region 12: Willie Buck, Hope

Region 13: Mike Waters, Magnolia

Region 14: Katie Daniel, McGehee

Staff

Executive Director: Dr. Tony Prothro

Communications Director: Jennifer George

Board Development Director: Dr. Anne Butcher

Governmental Relations Director: Dan Jordan

Staff Attorney: Kristen Garner

Policy Director: Lucas Harder

Commercial Affiliates/Board Liaison Manager: Angela Ellis

TIPS-TAPS Project Manager: Mickey McFatridge

Finance Director: Deborah Newell

Support Specialist for Board Development: Joyce Brown

Bookkeeper: Kathy Ivy

Risk Management Program & Workers’ Comp. Program: Shannon Moore, Director

Krista Glover

Amanda Blair

Dwayne McAnally

Ashley Samuels

Jennifer Shook

Misty Thompson

Melody Tipton

Tiffany Malone

LaVerne Witherspoon

General Counsel: Jay Bequette

TO CONTACT THE MAGAZINE

Please contact Steve Brawner, Editor

501.794.2012 brawnersteve@mac.com

ASBA News and notes

was class president her junior and senior years and was a Student Council member, Beta Club president and Quiz Bowl team captain.

A member of St. Joseph’s Catholic Church in Center Ridge, she was president of the Conway County Youth Advisory Council and volunteered with the Ozark Health Medical Center, Arkansas Rice Depot and the Our House shelter.

Springs School Board member Audra Farrell. Samuels earned a 3.54 grade point average and was ranked 66th in her class of 296.

She plans to attain a Bachelor of Science in Nursing degree at Arkansas Tech University after having already earned several medical certifications. After college, she plans to become a commissioned officer military nurse. She participated in the school’s certified medical assistant program, was a HOSA-Future Health Professionals member, and was Choral Choir Club president. She volunteered weekly at the Siloam Springs Animal Shelter and was a church nursery worker.

In the 4th District, the scholarship winner was Noah Maher of Malvern, a graduate of Magnet Cove High School and the son of Magnet Cove School Board member Lisa Loftis. He graduated with a 3.98 grade point average and was second in his class of 42. He

ASBA calendar

In the 3rd District, the scholarship winner was Lainey Samuels of Siloam Springs, a graduate of Siloam Springs High School and the daughter of Siloam ASBA News and notes continued on next page

Samuels

was Student Council president and senior class president and was a member of the Science Club, Fellowship of Christian Athletes, Beta Club and band. He was basketball team captain and an all-conference selection, was a two-time district champion in track, and also played baseball.

Maher plans to major in biology-pre-medicine at the University of Arkansas and then to become an orthopedic surgeon.

Training focuses on response to misconduct by employees

Staff attorney Kristen Garner will once again host one of ASBA’s most popular summer training sessions, Administrative Directives and Hard Conversations.

Garner will use real-life scenarios to teach building administrators and classified supervisors how to properly document employee misconduct or performance problems, while at the same time explaining to school board members what goes on behind the scenes (and why they can and should have no participation in this process). Year after year, we hear from participants that this in-depth and hands-on training is the most valuable and useful training participants have had.

The training sessions will be July 10, 11, 23, 25 and 30. The sessions will begin at 9 a.m. and dismiss at 2 p.m. The number of registrants for each five-hour workshop will be limited, so reserve your spot soon. (The July 10 event is already full.) Lunch will be provided on site and is included in the registration fee.

For more information and to register, go to ASBA’s website, arsba.org. For answers to registration questions, contact Kathy Ivy at kivy@arsba.org. For questions about the training, contact Dr. Anne Butcher at abutcher@arsba.org.

ASBA workshops to cover Family and Medical Leave Act

Once again, ASBA staff attorney Kristen Garner will team up with Missy Duke, attorney with Cross Gunter Witherspoon and Galchus, for intensive instruction on the Family and Medical Leave Act for school district superintendents and other central office staff who handle this issue daily.

The two-day workshops will be from 10 a.m. until 1 p.m. July 16-17 and 18-19, Aug. 6-7 and 20-21, and Sept. 24-25. The workshops will be in the ASBA training room at 523 South Ringo Street in Little Rock.

On day one, attendees will get a comprehensive overview of the law, the duties and responsibilities of the employer, and the rights of the employee. There will be a strong emphasis on the interplay with sick or other leave, leave taken for childbirth and child bonding, and the employee’s right to job restoration.

The second day will go in-depth with form completion, timelines, health insurance during FMLA, administrative responses, and real-world practice scenarios.

No meals are included. Each class is limited to only 20 students, and registrants must attend both days.

Register at ASBA’s website, arsba.org. If you have registration questions, please contact Kathy Ivy at kivy@arsba.org. If you have questions about the training, please contact Dr. Anne Butcher at abutcher@arsba.org.

Fall Leadership Institutes added in Jonesboro, Monticello

ASBA will host its second Fall Leadership Institute in Fayetteville and also host events in Jonesboro and Monticello.

The Northwest Arkansas edition will be Nov. 1 at the Chancellor Hotel in Fayetteville. Last year’s event, the first of its kind, attracted school board members from as far away as McGehee and Blytheville.

This year, ASBA is adding a northeast edition at the Embassy Suites on the Arkansas State University campus in Jonesboro Sept. 20, and a southeast edition at the University of Arkansas at Monticello Oct. 4.

Speakers at Jonesboro and Fayetteville will be Dr. David Lee, University of Southern Mississippi associate professor of educational administration, who will speak on the topic,

Garner

Maher

“What Great Boards Do that Others Don’t”; attorneys Cody Kees and Duane Kees, who will speak about “Cell Phones: Search, Seizure and Sex Predators”; Dr. Mark Gotcher, Russellville School District superintendent, who will speak about “Generations Together (Creating New Learning Environments for Today’s Learners)”; and Kristen Garner, ASBA staff

attorney, who will speak about “Ban the Fan? Dealing with Disruptive Adults.”

Monticello’s lineup features Lee, Kees and Kees, Garner, and ASBA General Counsel Jay Bequette, who will speak on the topic, “Bullying & Discipline: Using Law, Policy, and Case History to Guide Us.”

Check-ins and continental breakfasts begin at 7:45 a.m. Sessions begin at 8:45 a.m. and adjourn at 3 p.m. An on-site lunch is provided.

Board members will earn six hours of boardsmanship credit. Register at arsba. org.

Former LSU Head Basketball Coach Dale Brown and NSBA Executive Director Tom Genzel headline the list of

Kees

Pre-orders begin for School Law Book

Over 100 acts that impact K-12 education included in biennial publication

Pre-ordering for the 2019-20 Arkansas School Law Book has begun.

The publication updates state laws applicable to school districts after each legislative session. The 92nd General Assembly produced more than 100 acts that directly impact K-12 education, including laws that are broader in scope. Laws pertaining to construction, bidding, transportation, and employee relations are included. The deadline to order is Sept. 15.

ASBA Executive Director Dr. Tony Prothro used the book extensively when he was a superintendent.

“It’s concise, up to date, everything there, with annotations that will tell you what’s happened over previous years,” he said.

He recalled administrators calling him repeatedly with legal questions, and when he asked why they kept calling, it turned out they didn’t have a Law Book.

Lucas Harder, ASBA Policy Director, compiles the research, while Lexis Nexis is the publisher.

The books are more that 1,000 pages and cost $65 each. According to ASBA Bookkeeper Kathy Ivy, that price has not increased since 2009. The last edition had a distribution of about 1,100 copies. They are printed and shipped directly to school districts and other purchasers.

“We don’t purchase more than our pre-order list, so … if you need one a month after they’re shipped, we’re not going to have one for you, most likely,” Ivy stated. “It has to be pre-ordered. It’s not something we stock.”

ASBA Communications Director Jennifer George said the association keeps a list of individuals who request a copy after the deadline, and it often numbers between 15-30 people. A minimum of 100 copies is required for another print run.

The books can be used in tandem with ASBA’s Model Policy Service, but neither is a replacement for the other.

ASBA POLICy DIRECTOR Lucas Harder, who compiles the information contained in the updated School Law Book, displays previous copies.

The service describes how school districts should respond to laws but doesn’t, in most cases, restate the law itself.

Why not just go online?

Given the availability of information online, why would a district need to spend money on a book? Harder said online searches won’t necessarily produce accurate information. The search will produce a statute, but it might not be the most updated version of the law. The School Law Book includes case notes related to the code. It is also a shared, accepted frame of reference used by school administrators, the Department of Education, Legislative Audit, and others.

Harder said he has had numerous conversations where he told someone where to look in the Law Book. The questions can usually be answered by the publication.

“It’s right there so if you ever need to show it to someone, it’s easy to get to and it should be realistically any statute you’re needing to be able to demonstrate to someone,” Harder said.

There are other reasons to use the Law Book. It’s a private work document that can be referenced without the internet’s distractions. Prothro said he handwrites notes in his. When he was an administrator, he added tabs so he could quickly find answers to common questions.

“A lot of times when you go online, you don’t know what version you’re pulling up,” he said. “You hope it’s the right one, but you’re not sure. The Law Book has been perused, gone over again and again and again, and you know it’s going to be accurate. If it’s not, they’re going to have a recall as they have had with us before to change it up.”

Kristen Garner, ASBA Staff Attorney, said the Law Book provides context. For example, it defines terms such as “family” regarding nepotism laws.

“Many acts are codified not as a single statute, but as a series of statutes,”

ASBA News and notes

speakers at the 2019 Southern Region Leadership Conference. The conference will be July 25-27 at the Hilton New Orleans Riverside. The annual event brings together school board members from Arkansas, Louisiana and Mississippi, with each state taking a turn at hosting.

The conference begins with early bird sessions from 2:30-5 p.m. July 25. Genzel will offer greetings. The sessions will feature presentations regarding, “Are You Ready for the Next Generation?” by Tommye Henderson and Denotris Jackson of the Mississippi School Boards Association, and “The Pipeline, The Pricetag and Personalized PD: A Data Driven Approach to Common Sense” by Dr. Leslie Blanchard.

Brown will speak on “The Importance of Leadership” at the opening general session at 8:30 a.m. July 26. He won 448 games coaching the Tigers

she said. “Many times, there is a defini tion section. You have to have the defini tions to know what the word in the next law over actually means. Sometimes, the word is understood broadly in the world, but is being used very narrowly in the statutory laws.”

Since the publication is shipped by the publisher, orders must have a physi cal address. The books can’t be shipped to post office boxes. ASBA accepts pur chase orders, checks and credit cards for payment. For questions about ordering, contact Kathy Ivy at kivy@arsba.org. Deadline to order is Sept. 15.

from 1972-97. He appeared in two Final Fours, was the National Coach of the Year in 1981, and coached Shaquille O’Neal.

The first of three concurrent sessions begins at 10:30 a.m. Among the presenters will be Matt Sutton, Jennifer Seaman and Mountain Home School Board President Neal Pendergrass, who will discuss “Creating Your Own School-Based Mental Health Program” (story, page 20). The presenters will discuss how Mountain Home transitioned to an in-house led mental health model with control over its services.

Other sessions that day will cover ACT Solutions, addressing social/emotional learning and teacher shortages, how online learning can help schools close the achievement gap, teaching soft skills, and addressing unconscious bias in a school district’s organization. Vendor exhibit areas will be set up at the conference.

The event ends with two general sessions Saturday, July 27, from 8:30 a.m. until noon.

Special rates of $179 plus taxes are available for those who reserve a room at the Hilton New Orleans Riverside by July 1.

Check ASBA’s website, arsba.org, for updates.

Maximize Your School District Investments

Every child or student has a right to an environmentally safe and healthy learning environment. School districts should not bear the financial burden of construction defects. Trammell Piazza represents a number of commercial clients and governmental entities regarding construction claims. We will arrange for a free expert evaluation and assessment of your building. We are an experienced contingent fee firm willing to share in the risk with you. There is no financial commitment for the school district unless a recovery is obtained on your behalf.

The Right Team Backing Your School District

M. CHAD TRAMMELL IN HISTORIC DOWNTOWN TEXARKANA 418 N. STATE LINE AVE., TEXARKANA, AR 71854 OFFICE: 870-779-1860

MELODY H. PIAZZA

IN THE HEIGHTS OF LITTLE ROCK, THE PROSPECT BUILDING 1501 N. UNIVERSITY, STE. 350, LITTLE ROCK, AR 72207 OFFICE: 501-371-9903

Brown

Genzel

Pendergrass

How do you hire millennials?

Emphasize purpose, make them feel part of the team, offer instant feedback, and, before hiring, check their social media, says Dr. Mark Gotcher

By Steve Brawner Editor

Millennials have moved into the workforce, and school leaders not only must communicate with them, but connect with them as they hire them and move them into the classroom.

That was the message of Dr. Mark Gotcher, Russellville School District superintendent, in his presentation, “Rethinking hiring practices for a new generation” at the AAEA-ASBA Joint Leadership Conference May 7.

“I think to know your purpose, you’ve got to know your generation,” he said. “And as a school leader, I communicate a lot. The question I ask myself is, ‘Do I connect?’”

Gotcher said “Generation iY” as Dr. Timothy Elmore described it in his book by the same name, is marked by several characteristics. Among them are a tendency to job hop, a search for meaning and not just money, and a low tolerance for jobs that fail to provide speedy rewards after being raised on video games.

The search for meaning is a critical part of the equation. One survey found growth opportunities, great management and meaningful work were the top reasons millennials were choosing jobs. Salary was not in the top five. Gotcher said his new young teachers at Russellville are not impressed by medical and retirement benefits.

“This generation wants to be a part of an organization that matters. … They want to know that they can help make the world a better place,” he said. “They want their work to be transformational, not transactional. Not just taking action, but transforming.”

That means school districts must rethink how they recruit, hire, and onboard new teachers. Districts need impressive social media sites and web pages. As a couple of teachers told School CEO

magazine, districts should have a reputation for supporting teachers because teachers talk to each other. Happy teachers will spread the news about that district, attracting more interested applicants.

The interview process

The interview process, meanwhile, should focus on who a person is, not what they know, because today’s candidates can learn anything from their cell phones. Gotcher cited questions asked by business human resources professionals that were listed in author Dave Ramsey’s “EntreLeadership” publication. Among the questions were “What can I expect from you in the first 100 days on the job?” and “What does it mean to you to be on a team?” A technology firm hiring for computer help desk positions asks applicants, “How

DR MARK GOTCHER describes how school districts can recruit, hire and integrate the best millennial teachers.

many pennies does it take to fill this room?”

It’s looking for natural problem solvers who try to figure out the answers. Those who say “I don’t know” or “A lot” are probably not good fits for the firm. Educators might apply that same philosophy by asking a prospective teacher, “What would you do to this empty room to make it a conducive learning environment?”

Gotcher said he asks potential principals what they learned about the school district as they reviewed its website.

“It helps me determine this is a wellthought-out decision to come and be a part of our team, or if I’m just one of many stops on their way to finding a J-O-B,” he said.

Along with the interview process, school districts must perform effective background checks. One important place to look is the applicant’s social media presence. In executive session, Gotcher will tell board members if a candidate has anything there worth noting. Gotcher encouraged attendees to ask an applicant’s references for the name of someone who might offer a different perspective. Often, that second phone call will be more revealing than the first.

“Folks, we have a professional duty to make sure we’re not recommend-

This generation wants to be a part of an organization that matters. … They want to know that they can help make the world a better place. They want their work to be transformational, not transactional. Not just taking action, but transforming. – Dr. Mark Gotcher

ing people who are going to be bad for teaching and learning and bad for kids,” he said.

Once they’re hired

Once an applicant is hired, districts should move quickly to support and engage them. The district’s policies should be clear from the beginning and explained in detail. Respond to their questions and provide information. New teachers should be connected quickly to a buddy teacher so they can begin corresponding. Connect them to the instructional team at the start. They won’t stay if they feel alone and aren’t treated as a valued partner. Districts should put technology in their hands as soon as possible. Set up their emails quickly, orient them to the website and social media

scott field improvements little rock, arkansas

”

presence, and inform them of their available digital tools.

Generation Z - The

homelanders

Gotcher also described the generation following the millennials, Generation Z or “the homelanders,” who are today’s students. They were born after the September 11 terrorist attacks. Their world has not been as safe, and their parents have been extremely protective. Homelanders are healthier than millennials, who are less healthy than their predecessors. Many homelanders will live to see 100. They are an ethnically and racially diverse generation that doesn’t see diversity unless it’s absent.

Their generation also is marked by what Gotcher called “an extinction of childlikeness – kids are maturing

quicker – but there is an extension of childishness.”

He described millennials as having that same trait.

“One college dean said that 26 is the new 18, that kids have a wealth of knowledge – in fact, they’re maturing because of too many things that they’re seeing on this device,” he said, referring to his phone. “They’re maturing much, much earlier, but that extension of childishness is extending well beyond the mid-20s.”

Gotcher said a single event, like the September 11 attacks, can create a cultural shift resulting in a new generation. And because technology and the times change so fast, new generations are being created more quickly. That means a new generation may be coming soon.

Joint Leadership Conference

Funding rises; formula change looms

Lawmakers increase per pupil spending but plan adequacy study before 2021. Meanwhile, May elections will be in March during presidential years.

New laws and failed bills were discussed by Dr. Tony Prothro, ASBA executive director, and Dr. Richard Abernathy, Arkansas Association of Educational Administrators executive director, at the ASBA-AAEA Joint Leadership Conference May 7.

Abernathy characterized this as a good session.

“We had some good legislation pass,” he said. “We had some harmful legislation that didn’t pass. We received a little more money than what we had the last several years. And it’s important to me, it wasn’t as vicious. … I thought it was just a much more professional climate than what it’s been the last several years.”

Act 667 increased per pupil school foundation funding from $6,781 in 2018-19 to $6,899 in 2019-20 and $7,018 in 2020-21. Those increases are larger than they’ve been in recent years. Alternative learning education funding increased from $4,640 to $4,700 in 2019-20 and will remain at that level in 2020-21. Funding for English language learners increased by $7 a year to $345 in 2019-20 and $352 in 2020-21. Funding for professional development remained flat at $32.40 for 2019-20 but then increased to $40.80 in 2020-21.

Legislators have decided to conduct a new adequacy study that could revamp the school funding formula. That study will occur over the next year-and-a-half with the help of an outside consultant. One big change that’s coming: All currently allowable Enhanced Student Achievement Funding, formerly National School Lunch Act categorical fund-

ing, will be repealed on June 30, 2022. What that categorical funding will look like afterwards – it’s $200 million a year now – remains to be seen.

“I can’t stress enough: Pay attention the next two years on this adequacy committee because it will have a major impact on your district over the next decade,” Abernathy said.

The adequacy study also will determine how the state helps districts respond to increased minimum teacher salaries coming as a result of Act 170. That law raised pay for beginning teachers with bachelor’s degrees from $31,400 to $32,800 in 2019-20. By 2022-23, those teachers will earn $36,000 annually. Teachers with master’s degrees and/or more experience also will receive raises according to the salary schedule.

The pay increases will have a $60 million four-year impact on the state

budget. While the shortfall is covered for now, the legislation contains no mechanism for funding the salary increases beyond 2022-23.

Legislators approved other school funding changes. Under Act 532, districts can spend Enhanced Student Achievement Funding on student transportation to before- and after-school academic programs, on dyslexia programs and interventions, and on recruiting and retaining effective teachers. They no longer, however, can spend the money on the Teach for America teacher recruitment program. Act 1080 changes the formula for calculating school districts’ academic facilities wealth indexes. The state will calculate average daily membership over 10 years rather than three and will include a district’s median household income as part of the formula. Some fast-growing districts

LUCAS HARDER, ASBA’s policy director, left, and Dan Jordan, governmental relations director, express their concerns about Act 545 before the House State Agencies and Governmental Affairs Committee. The law moves May elections to March during presidential election years.

may not be funded at the same level as in the past. Meanwhile, 174 districts will get additional money.

Several new laws directly affect school board members. Act 545 moves primary elections during presidential election years to the first Tuesday after the first Monday in March. This means an earlier election for some school board members because in 2017 legislators required school board elections to coincide with either the primaries or the November elections in even-numbered years. Meanwhile, the act changed May school elections in odd years to the third Tuesday. Act 597 extends the timeline for candidate petition circulation to 90 days and requires school districts to adopt a policy for selecting the election timeline the district will use – May or November. Act 1028 requires all open public meetings to be recorded either by sound only or by video with sound, or to be broadcast. The recordings must be maintained for a minimum of one year. The law does not apply to executive sessions.

One bill of interest that failed was Senate Bill 452, which would have prohibited school districts from paying membership dues to professional organizations for teachers, classified employees or school board members that use public funds to engage in lobbying. The bill would have directly affected ASBA and AAEA. It passed the Senate but died in the House, but Abernathy expects it to return.

Act 83 requires school districts to include a literacy plan in their annual school-level improvement plan, and it must be based on the science of reading. Beginning in the 202021 school year, schools that don’t provide the professional development required by the act will be placed on probationary status. The Arkansas Department of Education will create an approved list of materials in 2021. In 2022, schools must purchase materials off that approved list.

A couple of bills passed related to the Succeed Scholarship program, a voucher program originally created in 2015 for children with developmental disabilities. Since its creation, it’s been increased from $700,000 to $3 million and now allows nonaccredited schools to participate. Under Act 827, the House and Senate Education Committees will be required to conduct a biennial study to determine if the program is beneficial – the first attempt at answering that question. Meanwhile, Act 1078 expands eligibility to include students who have been medically diagnosed as having a disability and those who have achieved permanency after being in the foster care system.

Two voucher-related bills failed in committee. Senate Bill 539 would have established a tax credit to create private school scholarships for 400 Arkansas students. While it passed the Senate, it failed in the House Education Committee. Senate Bill 620 would have created the Capital Promise Scholarship to provide $3.5 million from the governor’s discretionary fund for about 500 lower-income students in Pulaski County to attend private schools. The bill was never introduced in committee.

One bill that could be problematic for school districts despite its good intentions is Act 428, the Hunger-Free Students Bill of Rights Act. It requires a school to provide a meal or snack if a student is unable to pay or does not have existing

funds in their account. The district is allowed to contact the parent if the student owes the equivalent of five lunches, and it can request that the parent pay what is owed or ask them to apply for a child nutrition program. However, it cannot require the student to pay or stigmatize the student.

Abernathy said the bill could remove any incentive for parents to complete a free and reduced meal lunch form.

“Bottom line: We don’t want hungry kids,” he said. “We want to make sure they’re fed. But financially this may be an issue.”

Two new laws are related to religion in public schools. Act 1016 requires the Arkansas Department of Education to develop and approve an elective Bible course for high school credit by the 2019-20 school year. Six districts currently teach a Bible course. Act 604 adds public school building administrators and higher education institutions to the list of agencies that must display the national motto, “In God We Trust,” if the displays or the needed funding are donated. School superintendents and administrative officials of state agencies already were required to display the motto.

Among the other noteworthy laws passed were the following.

– Act 190 requires school counselors to spend at least 90 percent of their time during student-teacher interaction days

Please see SESSION on page 18

FINANCIAL LITERACY: HOW WE’RE FAILING THE NEXT GENERATION

By Warren A. Stephens

For people to fully embrace, participate in, and benefit from our free market system, they must be knowledgeable about both economics and personal finance. And while strides have been made toward increasing financial literacy here in the U.S., there is still more work that needs to be done.

According to the 2018 survey from the Council for Economic Education, only 25 states and the District of Columbia require that a high school course in economic education be offered; only 22 require a personal finance course. Since 2016, no state has added personal finance to their K-12 standards; and since 2014 there has been no change in the number of states that require standardized testing of economic concepts.

I believe the lack of diligence and discipline in education around personal finance and economics is one of the reasons that young Americans have a dismal view of capitalism— the backbone of our economy and the core of our national identity. According to a Gallup poll from last summer, there has been a 12-point decline in young adults’ positive views about capitalism in the last two years. Americans aged 18 to 29 are now as positive about socialism (51%) as they are about capitalism (45%). This is a dramatic shift compared to 2010, when 68% viewed capitalism positively.

Also last year, Deloitte conducted a survey that showed Millennials believe that the bottom three priorities for a business should be profits, efficiency, and sales, while the top three should be generating jobs, improving society, and innovation. Every businessperson I know believes that generating jobs, improving society, and encouraging innovation are important, yet they all know that profits, efficiency, and sales make it possible to do those things that Millennials prioritize.

This disconnect between understanding what a business does and how it creates change is especially troubling given that Millennials are the dominant generation in the workforce. And it is something we as a nation can ill afford at a time when traditional business models are being challenged and the pace of change is greatly accelerated.

It’s critical that we ensure that the next generation of citizens and leaders understand capitalism and are educated about economics and personal finance.

Ironically, capitalism is seen more favorably elsewhere, according to the Pew Research Center’s Global Attitudes and Trends study. A global median of 66% of people from developing and advanced countries believes people are better off under capitalism. And this view is particularly prevalent in emerging economies like Kenya, Nigeria, and Vietnam, where

growth has been ignited by expansion of the free market. Yet people, particularly young people, don’t see it in our own country.

It is baffling to me how the country that produced such entrepreneurs as Henry Ford, Sam Walton, Steve Jobs, Oprah Winfrey, and Sara Blakely doesn’t provide the fundamentals of financial literacy as part of its nationwide core curriculum. Success has been described as what happens when opportunity meets preparation, and education is part of preparation. Education helps level the playing field and allows for inclusivity and participation in our free enterprise system.

It’s critical that we ensure that the next generation of citizens and leaders understand capitalism and are educated about economics and personal finance. Financial literacy empowers people to engage in the economy in positive ways, such as being more likely to save for retirement, to have emergency savings, to have less personal debt, and to be less likely to use high-cost methods of borrowing. All of this translates into not only a healthier economy, but also an enriched society.

I am proud of the pioneering work that has been done around financial literacy and economics education in my home state of Arkansas. Since 1962, Economics Arkansas has been training teachers to integrate principles of economics and personal finance into the classroom curriculum, from Kindergarten up through Grade 12.

In fact, Arkansas is one of the only states that require students to take classes in both economics and personal finance. We at Stephens have partnered with Economics Arkansas over the years because I believe it is essential to help children understand from an early age the benefits of our free market system.

As a country we have an obligation to help people understand, appreciate, and embrace capitalism. As New York Times

columnist Bret Stephens recently wrote about capitalism, “There’s a difference between taming a horse and shooting it.” But you can’t tame a horse if you don’t understand it. We have seen the effect of a lack of understanding of capitalism in over-zealous regulation that has stifled economic growth. We are seeing the effects in young people entering the workforce ill-informed about the basics of business.

If people don’t understand capitalism, the danger is that people will yield to the impulse to eliminate it—to take the horse out and shoot it, if you will. Let’s acknowledge that’s it our educational system that is flawed and in need of reform— not our economic one.

The impetus for “This Is Capitalism” was to help educate people about our economic system. Whether we’re looking at historically significant figures or contemporary ones, the legacy they share is hope and hard work—and inspiration. Let’s ensure that we honor that legacy by giving the next generation the knowledge and education they need and deserve.

Warren A. Stephens Chairman, President and Chief Executive Officer

Teacher

pay

Continued from page 15

providing direct and indirect services to students, an increase from the current 75 percent.

– Act 629 allows school districts to appoint an institutional law enforcement officer with the same authority as school resource officers. One disadvantage would be that the school district will be liable for any constitutional violations by the officer.

– Act 1029 requires districts to develop a bullying prevention professional development program. Once each school year, the superintendent must report to the school board at a public meeting data regarding discipline in the district, including the number of incidents of bullying reported and the actions taken in response.

– Act 323 allows school boards to implement a drug screening requirement for job applicants and a random drug screening program for current employees.

– Act 815 allows school districts to apply for the same waivers any charter school receives. Under the old law, districts have been limited to the waivers offered to a charter school that a student living in their district attends.

– Act 929 requires the Arkansas Department of Education to establish a system reviewing public school districts’ financial management practices. The system will identify and address districts

in any phase of fiscal distress. It will provide continuous fiscal support and monitoring to districts that have been returned to local control after being placed in fiscal distress. It also states that district business managers must meet minimum qualifications established by the Department of Education.

– Act 641 mandates 40 minutes of instructional time per school day be used for recess, which will consist of supervised, unstructured social time including free play and vigorous activity.

– Act 430 requires districts to enroll private or home-schooled students in individual classes by changing the wording of current law from “may” to “shall.” As in current law, districts receive one-sixth of foundation funding for each academic course the student takes.

– Act 910, the Transformation and Efficiencies Act, consolidates 42 state agencies into 15. The Departments of Education, Career Education, and Higher Education are merging into one Department of Education. On May 22, Gov. Asa Hutchinson announced that Education Commissioner Johnny Key is the state’s new secretary of education.

– Act 676 requires public and private schools to post on their website the number and percentage of students who have exemptions from or have not provided proof of required vaccinations.

– Act 709 requires expelled students to be offered digital learning courses or alternative services for which they can receive credit.

– Act 166 increases penalties for passing school buses by $500 to $2,500. New laws that were part of ASBA’s original legislative package included the following.

– Act 168 requires school board members to receive training in reading and interpreting an audit by Dec. 31 of the year following the election. The previous timeline was 15 months.

– Act 187 restricts attendance at ticketed school events by level 3 sex offenders to parents, siblings, grandparents, uncles and aunts, first cousins and great-grandparents.

– Act 186 specifies that a mandated reporter who contacts the Child Abuse Hotline in good faith is immune from civil and criminal liability.

Prothro asked attendees how many had contacted a legislator during the session, and by a show of hands many indicated they had.

He told them their participation can affect legislators’ decisions, saying, “Those who choose to not take part in the political process are subsequently governed by those who do.”

Abernathy encouraged attendees to continue talking to legislators.

“Reach back out to them,” he said. “You don’t know how important it is because they’re up there at the Capitol. They’re working hard. They’ve got more bills than they can read. They appreciate being contacted in a professional manner. But at the same time, now since it’s calmed down, they appreciate a thank-you.”

Why can’t we just fire the coach?

The Teacher Fair Dismissal Act. That’s why.

Why can’t we just fire the coach? You can – if you have someone on staff who knows the sport and has time to counsel and mentor that person before the firing occurs. Doing otherwise risks running afoul of the Teacher Fair Dismissal Act. Those realities were shared by Kristen Garner, ASBA staff attorney, at the annual ASBA-AAEA Joint Leadership Conference May 7.

In an address titled, “The Problem of the Underperforming Athletic Coach,” Garner said school board members and administrators often hear many comments from community members about the coach’s failings as a leader or communicator – when the team is losing. They figure if colleges can fire coaches, so can high schools.

It’s not so simple.

“I need you people to stop thinking that there is an easy button to get rid of the coach,” she said. “Because there

is not an easy button to get rid of the coach. When you hire a teacher or a coach, you marry them. If you’ve ever been divorced, you know that it’s expensive, and it takes lawyers. It’s going to be complicated.”

It’s complicated because the Teacher Fair Dismissal Act protects coaches just as it protects classroom teachers.

In order to dismiss a coach, a Teacher Excellence and Support System evaluator must carefully document what steps were taken to help the coach fix his or

her deficiencies. That evaluator must have extensive knowledge of the sport, which means a district probably needs an athletic director who probably is a former coach and also a TESS evaluator. There aren’t many of those. The evaluator must spend 20-30 hours a week attending practices and games, identify the deficiencies, and create a growth plan. The employee must be given a reasonable opportunity to improve –another playing season, in other words. The burden is on the administration, not the coach.

Districts can’t get around the problem by reassigning the coach to a different position. That’s because the law requires the new position to have the same prestige, power and money as the old one. An administrative position outside of coaching may not suffice, as the Manila School District learned by losing a 1995 case. And districts certainly can’t keep paying a coach who no longer is coaching.

“So taking the work away from him or her and letting them keep the money does not work. You get caught, you’re toast,” she said. “Taking the duties and the money away without due process does not work. If you’re sued, you lose.

Devoting 20 or 30 human hours a week to getting the documentation is possible but impractical, and this is why we almost never nonrenew an athletic coach for cause in Arkansas. It’s not because it is impossible. It’s because it is impractical.”

Garner explained that the same rules apply to a newly hired coach. Since the mid-1980s, school districts cannot fire a new teacher or coach without due process, which includes documentation and an opportunity for a board hearing.

School districts also can’t get around the law by not rehiring a coach. In fact, board members don’t legally rehire anyone except superintendents and assistant superintendents. In 1983, the law was changed to ensure educators are automatically rehired; classified employees were given that assurance in 1991. In fact, if a board votes not to rehire, it essentially guarantees the coach will win his or her appeal because it will prove the board was prejudiced and didn’t provide a legally required fair and impartial board hearing.

Some districts do let coaches go, gambling they’ll be protected by “coach culture.” Garner said many coaches believe that if they sue their school district, they’ll never be hired again. Districts that rely on that culture are rolling the dice that their coach subscribes to it.

Otherwise, change may only come through legislative action. One solution would automatically rehire only the base teacher’s contract. Extra days and stipends – which are often associated with coaches – would be a board option. Other states do it that way, but in Arkansas it would be challenging to pass.

Garner closed with four recommendations: stop unnecessary board “rehiring” of staff members, which she called “fake work”; board members should direct all complaints about coaches to the administration; school districts should remember that coaches are protected by the Teacher Fair Dismissal Act; and administrators should be trained in dismissals.

Garner is providing training related to that subject this July in her “Administrative Directives and Hard Conversations” course. For more information, go to ASBA’s website, arsba.org.

KRISTEN GARNER discusses “The Problem of the Underperforming Athletic Coach at the ASBA-AAEA Joint Leadership Conference.

School-based mental health

Mountain Home’s hybrid approach, where a district professional coordinates with private agencies, helps students and families get the mental health services they need.

By Steve Brawner Editor

family services to meet student needs such as depression, anxiety, substance abuse problems, and crisis intervention. It can do so from a school-led, not a provider-led perspective – meaning students, not revenues, come first. In fact, for the students and their families, there’s no cost. But the district has the resources and expertise of those providers available.

“If we see a student’s need, we can meet it,” said coordinator Matt Sutton. “We don’t have to say, ‘I’ve got to get permission through different managed care organizations to be able to access either the family therapy or the individual therapy.’”

This was Mountain Home’s first full year to manage its program after spending a year preparing for it. Prior to that, Superintendent Jake Long had been dissatisfied with the school’s mental health providers. Among the issues the district was having: Some of the campuses weren’t being fully served; there was a lack of follow-through on some referrals; communication between mental health professionals and school staff was lacking; families weren’t being involved enough.

“I understand their business model, but we wanted it to be much more student-focused as opposed to who qualifies for this or who doesn’t qualify

MATT SUTTON, Mountain Home School District’s mental health coordinator, provides cognitive behavioral therapy services and works with school counselors like Tina Killian, left, and private agency mental health professionals. The hybrid model creates a team approach and ensures each campus is staffed with a professional.

for this, you know, a revenue-driven type business,” he said. “We wanted to be solely about providing the opportunity for our kids.”

Then one of the community partners, Preferred Family Healthcare, closed its Arkansas operations while the company was being caught up in a swirl of corruption charges involving its own executives and state legislators. The other, Ascent Children’s Health Services, went out of business.

“We were headed in (this) direction,” Long said. “It just accelerated it. It just forced our hand.”

A therapist and a coordinator

By that point, the school had already hired Sutton, a licensed psychological examiner who had worked for private school-based mental health agencies,

– Matt Sutton

with the idea of developing a schoolbased mental health program. Sutton can provide individual care and because of his experience also understands the industry and can coordinate services.

While Sutton manages the program, the school district continues to partner with two outside agencies, Hometown Behavioral Health Services of Arkansas and Youth Bridge. Thanks to that arrangement, at least one full-time therapist is permanently located on each of its seven campuses. The district can bill Medicaid for Sutton’s direct services. It could bill insurance, but it isn’t at the moment. The Department of Human Services changed the reimbursement rates so school-based providers are paid the same as private ones.

“It’s work that we were going to be doing regardless,” Long said. “There’s

A Longtime Protector of Educators’ Professional Reputations

• School board legal liability insurance

• Employment practices liability insurance

• Outside of Arkansas General Liability coverage

• Distinctive and identifiable coverage grants

• Modified “defense outside of the limits” provision

• Separate crisis management fund

• Employment law resources through Enquiron

• Online resource website

• Panel defense counsel

• Dedicated claim representative

now a lot more of an even playing field between what we’re doing, between the agencies and what you can do as a school system ourselves.”

Sutton spent a year laying the program’s groundwork while also providing services to students. He wrote a proposal approved by the Department of Education marked by a hybrid model with employed therapists and coordinators who collaborate with outside agencies. Those agencies can offer more extensive services such as psychiatric care and medication management. The district also wanted the partners to be a part of school culture by being permanently housed in the buildings.

“We wanted them to integrate and be in our hallways and have the relationships with our teachers, and you really

Continued on next page

can’t do that if you’re bouncing around to seven different campuses,” Sutton said.

The school district uses its contracts with the agencies to set and enforce standards. Moreover, Hometown Health bought into the school’s vision. It hired therapists who worked for the two defunct agencies because the school district wanted to keep the therapists who were already serving the students. Moreover, recruiting new therapists to a community like Mountain Home isn’t easy; there just aren’t that many therapists out there.

So why not just hire the therapists?

“That model is unproven,” said Long, adding that the district didn’t know if it could bill for an equal amount of revenue and didn’t want to be focused on billable hours.

Mountain Home won’t break even with its program. But Sutton said breaking even would be possible with the right approach. As the coordinator, he will cost the district more money than he generates from Medicaid because so much of what he does isn’t billable. However, he said, “I think if a district had a coordinator and a person specified to just do therapy without coordinating, then you have a shot at breaking even. You really do. The numbers are there.”

Student sessions

Student sessions typically occur during the day, though some services are provided after school. Sessions occur during noncore classes, advisory periods and break times. To maintain confidentiality, students are summoned to the office without identifying why, and then they are escorted to the therapist’s office after the hallways have cleared. The schools take care not to remove students from the same classes often so their classmates won’t suspect they are seeing a mental health professional. Sessions typically last about 50 minutes, though some sessions for younger students last 20-30 minutes.

In his sessions, Sutton provides cognitive behavioral therapies. Students are taught to notice faulty thinking, challenge it and replace it with healthy thinking. They’re taught coping skills. Students who have undergone trauma

undergo a therapy with that focus. He tries to communicate with the parents every other week and meet with them once a month. Many parents are struggling with their own pressures. The district’s services can help them learn to identify their children’s mental health needs.

Jennifer Seaman, a communication coordinator for the Northcentral Arkansas Education Service Cooperative who taught nine years in the district, said relationships with the therapists help teachers and students academically.

“I had students who I feel like I could have better served in the classroom on the curricular side had I had a relationship with their therapist and understood really a way I could have gotten through to that child,” she said. “But I, in most cases, never knew any of my students’ therapists or sometimes even that they were receiving services. … If I had been able to partner with someone who was in my building every day and who felt like a colleague to me to do what was best for the child, that would have been very valuable to me, and I know that our teachers are really collaborating with those folks in the building level.”

Substance abuse is a big part of the program. Students using drugs often are self-medicating in order to meet a mental health need. Like other districts, Mountain Home is seeing a lot of vaping. The district last year adopted a drug-testing policy. All students who participate in extracurricular activities and everyone who has a school parking pass is subject to testing. But the policy emphasizes counseling as much as punishment.

Sutton has been working in schoolbased mental health for 13 years, and some things have changed during that time. Awareness has increased, and the stigma surrounding mental health is eroding. Technology and social media have created opportunities for bullying and negativity that can occur at any time. As Seaman pointed out, now there are internal pressures for students to get “likes.” Sutton said the research is mixed as to whether the needs have grown, or if awareness simply has. Unfortunately, it’s not uncommon for a student to post something online that

must be investigated. While threats to others do occur, threats to self are much more common, and according to Long, it’s “not even close.” Students in two other districts in the north-central Arkansas region had committed suicide shortly before Report Card traveled to Mountain Home.

Why do students end their lives just as they are beginning? Sutton said some face too much stress, pressure and difficulties at home. They haven’t developed coping skills, and their adolescent brains don’t always foresee the future or understand the gravity of their actions.

While threats to self are more common, threats to others can’t be ignored. The mental health professionals are part of a threat assessment team that includes a school resource officer. While the district has had an SRO program for years, this was the first year it’s had both an SRO and a mental health professional at every campus.

Threats of all kinds are taken seriously. If a student uses words like “bomb” or “kill” or uses a finger like a gun in a social media post, that initiates a protocol, though all cases are considered individually. Students are interviewed and undergo an objective and evidence-based assessment. The assessment helps determine the seriousness of the threat and the next steps that are taken – hospitalization, for example, or mental health services. In a district with 4,000 students, 12 were hospitalized in April.

“It guides the process,” Sutton said. “So everyone’s different, yes, but the protocol’s very set to identify what next, what happens next? Is it just a safety plan? Is it safety plan along with monitoring?”

Sutton was trained in mental health first aid and also trained to be a trainer. He’s teaching staff members to notice risk factors and manage a crisis.

Long said the school shooting at the Marjory Stoneman Douglas High School in Parkland, Florida, where 17 were killed, was the game-changer regarding law enforcement on school campuses and mental health. After that shooting, Gov. Asa Hutchinson convened an Arkansas School Safety Commission to

School climate part of mental health

Assessing a school’s climate is an important part of understanding its mental health needs, said Dr. Joan Simon, a University of Central Arkansas psychology professor.

Simon said at the AAEA-ASBA Joint Leadership Conference May 7 that teachers, students and parents should be asked what the school feels like. Doing so helps everyone understand what’s working and what’s not, and whether or not everyone is valued. Also, each school district is unique, so simply instituting a program used elsewhere won’t necessarily create the best results.

“A program that’s fabulous is going to be needed and useful in one district and not in another district,” she said. “And so there’s no sense just throwing money at the problem or throwing more and more programs at the problem when we really don’t know what our particular unique problem is.”

Understanding the climate produces data that can drive and defend decisions. However, that data can be a little frightening.

“You can’t un-know something, right?” she said. “You can’t un-know

recommend ways to prevent school violence.

Mountain Home’s program has generated a lot of interest. Sutton, Seaman, and Neal Pendergrass, the school board president, will be presenting sessions regarding school-based mental health programs at the Southern Region Leadership Conference in New Orleans July 26.

Long and Sutton credited the school board for being supportive, approving every proposal and insisting that the school take care of its students. They said school boards must be willing to fund mental health knowing the revenues might not equal expenses.

“Our board has not really worried about the financial piece,” Sutton said. “They’ve worried about meeting the needs of our kids and found a way to do it.”

it. Once you know it, you’ve got to decide. You’ve got to make a choice, what am I going to do with this data? And so I know that … assessing school climate can be a scary thing because sometimes we’re going to learn stuff that we don’t want to know. But that provides us with an opportunity and information about where we can go next.”

on the front end and not need it then if you do need it, it works? The other piece is, you end up being ready and you’re not sweating bullets when it happens.”

Crisis planning involves all parts of a response, including communicating with parents and deciding where children will be located. That’s easier planned in a relaxed environment than when parents are converging on the school looking for their children. When a school district is reactive, it’s merely practicing damage control and trying to get out of an immediate situation.

Simon said a district’s mental health efforts should be aligned with its mission and vision. It makes more sense to parents and others if academic health and mental health are tied together.

She said school districts should start preparing to respond to a crisis long before one occurs.

“When you’re prepared, I think it reduces the chances that you’re ever going to need it,” she said. “So would you rather have done all that labor

Simon said creating a proactive, preventive approach requires a team effort. She recommended administrators identify 5-7 people with appropriate skills and characteristics. That group’s members should be respected around the school, and it should include someone who is a good communicator, someone who is a good organizer, and someone skilled at facilitating.

The team will meet regularly and create a living document fitting that particular district.

Simon

EXECUTIVE SESSION

with Joey Astin

By Steve Brawner Editor

When Report Card interviewed Joey Astin, he was in his element and among his people.

The Forrest City School Board president was managing a Special Olympics event. The volunteer activity fits perfectly with his full-time job as executive director of the St. Francis Area Development Center, which serves adults with intellectual disabilities in

several eastern Arkansas counties. He also manages the Cross County Special Workshop in Wynne.

Astin, 57, has spent his career serving these individuals. He joined the center’s staff in 1988 after taking a summer job at the Conway Human Development Center three years earlier. He’s been a Special Olympics volunteer since 1985, has served as a coach, and until recently served on the Special Olympics Arkansas board of directors.

Report Card spoke to him about his love for that population, about special education in schools, and about the challenges of serving a district that underwent fiscal distress and has hired three superintendents and an interim during his 10 years on the board.

This has been your life’s work.

“Yes, sir. I took a summer job at the Conway Human Developmental Center, and it became a career.”

What led to the job becoming a career?

“Just a summer job. I was up there. A buddy of mine, we were living in Conway, and he said, ‘Hey, you just need to come out here and apply.’ I mean, I wish there was something more colorful to it, but obviously when I started out there in ’85, and I tell people this all the time, I worked in one of the live-in units, and it was like I was getting paid to hang out with the guys, and it was just a natural fit for me.”

What about the clients that you work with there do you enjoy so much?

“I think as much as it is our job to teach, and teach them to live independently, those of us that work in the field get a lot more from them. We can learn a lot more about ourselves from them. They’re the most honest, caring people that you’ll ever meet.”

Joey Astin

What have learned about yourself?

“Well, it helped me with patience more than anything else in this world, and then also how to look at people for who they truly are, and not have any preconceived notion about folks.”

You manage this area’s Special Olympics?

“Right. Everybody on a local level in Special Olympics is a volunteer. It’s outside of what we do daily. But you’re right: Not only do I manage the area for our folks, but I’ve also been a participant. In 1991, I played on our unified softball team that participated in the first international games in St. Paul/Minneapolis. Unified sports, we have five Special Olympic athletes and five traditional partners that play as a team, and we were fortunate enough to win the gold medal in ’91.”

In those unified sports, there’s both full effort and then also an agreement that it’s the Special Olympics, and you’re not supposed to take over the game. How do you handle that?

“OK, I know what you’re asking. So, in our unified sports, we don’t allow dominant play from the partners, the traditional partners. It’s an inclusive sport. Everybody plays their position, so nobody can dominate any area of the field. And it builds a lot of confidence in the athletes as well and that team, that team spirit.”

What’s the most rewarding part about Special Olympics?

“Well, this right here – doing area games and being able to get out and serve our Special Olympic athletes and do events like this. I’ve also been a coach in the past four national games for our unified softball team. In ’91, I was a player. As I got a little older, I fell into the coaching ranks. So just to interact with our people and get to know them and to travel with them and become friends with them. Many of our best friends are Special Olympic athletes. There’s no question.”

Earlier this year the U.S. secretary of education was going to cut Special Olympics funding. There was a huge outcry, and President Trump said we’re going to restore the funding. What does it mean to serve an organization almost everybody is for, and that episode was kind of a demonstration of that?

“Well, obviously this has been my life’s work, and for me it’s what I do every day so I look at things through a different set of glasses, I suppose. What I like about our people, and you asked me one of the things that I’ve learned about myself, is our people are not Republicans. They’re not Democrats. They’re Arkansans, and they’re citizens of the United States, and I look at things that way. And I hope that’s how people embrace our people as well. Let’s take

the politics out of it, and let’s provide a great venue for our fantastic athletes.”

What is the biggest misconception people have about Special Olympics athletes?

“I think if you’ve not been to one of our events, I think people view our athletes as people with disabilities in that this is a feel-good event. And it’s not a feel-good event. We offer yearround sports training and competitions, and when you come out and see that and actually view what’s going on out here, I tell people all the time, just come to one of our events and you’ll be hooked. That’s all it takes. And that will change how you view the people we serve.”

How has your work affected your attitude toward special education as a school board member?

“Well, obviously it goes hand in hand with what I do every day. Previously our program had a children’s component, so we would serve children birth to 5, they would transition to the public schools, we’d serve them through the public schools, and there I’ve got a hand, and of course just only on policy, from that standpoint with school.

“And then I’ve been doing this long enough that we’ve had children that we’ve served in our children’s component when it was open, zero to five. They’ve gone through public schools. …

Continued on next page

Joey Astin

“ ”

I think as much as it is our job to teach, and teach them to live independently, those of us that work in the field get a lot more from them. We can learn a lot more about ourselves from them. They’re the most honest, caring people that you’ll ever meet.

And then when they graduate they transition back to our program.

“So I get to see the full cycle of these kids from birth to 5, a lot of our athletes from birth to 5. I’m able to track them through public schools through my association, affiliation with Special Olympics. And then oftentimes have the opportunity to serve them in our day components, in our residential components.”

What is really important in special education programs to help these young people reach their potential?

“Well, more and more, obviously education’s the top part, and we’re seeing a lot of movement with what we do in our special education curriculum and how we move students from point A to point B. The other thing that we’re doing now is, in the Forrest City schools, we have a program where we’re placing people in the community in jobs. We have a young lady that comes to my office five days a week that works in the afternoon, and the benefit to employers is the school system is paying the salaries of those people. So we’re not only providing, I think, outstanding educational opportunities for our students through the special ed program, but now we’re also providing some great work experience for our people as well.”

Do you think that special education in the past has been too much of a babysitting activity rather than an academic activity?

“No, I’ve not seen that, not in my tenure on the school board and certainly not in my tenure with the center as it relates to the Forrest City School District. I have not seen that. As I said, I’ve been involved in Special Olympics and serving our people since ’85. Been on the school board since 2009, and I’ve

not ever viewed that in our school system. We know that we’re there to educate those children and get them to a point … when after they graduate school (they) have work skills and (are) able to live as independently as possible.”

Forrest City went into fiscal distress a few years ago. What did you all do to respond?

“Well, obviously we had a RIF (reduction in force). And we worked closely with the state. We monitored all spending. We made additional changes in terms of staff ratios. We had to reduce staff, and if you lose a hundred students, it doesn’t always mean that you can get rid of one teacher or two teachers here because it’s a hundred students across the district. But those are the things that you’ve got to watch and monitor as those numbers begin to fall.

“Fortunately, we came out of fiscal distress, and we’ve done a great job since then. I think at the time when we came out of fiscal distress, our baseline balance for June 30 was $1.8 million. And now our baseline balance is $2.8 million, so we’ve been able to make a lot of really great changes and really, I

think, have done an extraordinarily effective job managing our finances.”

Was the RIF done through attrition, or did you make some cuts?

“Well, no, we actually did make some cuts with the RIF. It wasn’t just attrition. Obviously, attrition is helpful when you’re reducing staff, but there are times when you’ve got to look at staff and make some cuts in your district through the RIF, and we understand that that impacts people’s lives as well.”

So was it just the RIF that helped you make that big turnaround? How else did you get out of fiscal distress?

“I think it was just we managed our funds better. We managed our budget better. The RIF certainly had an impact. We looked at every expenditure. We probably looked at the purchase of pens all the way up to your most expensive purchase in terms of how we were doing things and where we could buy things, that we could be better stewards of our money, of the district’s money.”

You still have declining enrollment.

“This year was the first year we’ve kind of leveled off. When I first got on the board, we were losing a hundred students a year, so we were a little over 3,000 students. Right now we’re coming in probably a little north of 2,200 students, and we were there last year.”

So what else has happened in the past 10 years?

“So, in the past 10 years since I’ve been on the board, we’ve seen three superintendents and one interim superintendent. … That’s always challenging when you have that kind of turnover. Right now we’ve got Dr. (Tiffany) Hardrick. I think she’s in her fifth year, is doing a really good job for us, and she’s from the area, and we feel like she’ll be there for a really long time.”

So you became a professional superintendent hirer.

(Laughs.) “I like the way you put that. Yeah, we’ve used one of the firms before for that. With Dr. Hardrick, we did not. The board did that. We learned a lot through that process of hiring an

outside firm to assist us with the process, but it requires a lot of board attention. And the way that we do our evaluations at the end of the year, it’s ongoing, and we look at that each year. And of course board turnover impacts that as well.”

So what are you looking for now in superintendents? Is it possible longevity as much as anything?

“I think longevity and consistency’s great for any school district in the state. There’s no question. We need somebody that’s really sharp financially, and also and more importantly extraordinarily good with the curriculum. And that person doesn’t have to be both of those things. What I look for in a superintendent is to understand your strengths and weaknesses, and if it’s one of those areas you’re weak in, then you have a deputy that can equally fill that role.”

So you think you might have a keeper this time?

“Well, we hope so. We hope so in Dr. Hardrick. And like I said, I think she feels like she has a lot of work to do, too. I think she’s driven to improve test scores, but she’s even more so driven for students to be successful.”

You seem pretty driven, too.

“I am. I’m driven in all I do, but you caught me on a day, and I’m here at Special Olympics, and I’m really driven on a day like today.”

Is your enthusiastic intensity a plus as a school board member?

“Well, for somebody like me with my personality, one of the things that you’ve got to learn as a school board member, you’ve got to rein that in a little bit if you have a really, really strong personality, and you want to get into that day-today stuff, and you know you shouldn’t. So I think over the years, one of the things I’ve really learned as a school board member, and I think I’ve gotten a lot better about it, is that I’ve reined that in. It’s not my job to run the day-to-day operation of the district. I understand my role completely, and a lot of times it creates a little anxiety in the community when people will speak to me about issues, and I direct them to the chain of command. And so I think that’s what an effective school board member can do, is make sure that you can respond to our people in the community, but you also have to give them the opportunity, and your superintendent and her supporting staff, the opportunity to do their jobs, and I think that’s extraordinarily important.”

I would think you would have the cheerleader aspect of being a school board member down pat.

“For the school district, certainly, yes, as a school board member for that. And we’ve got a really great board, and I may come across as that great cheerleader, but we’ve got some school board

members that if you gave them pompoms, every school board meeting they’d be shaking them in there. We’ve got a really enthusiastic group that does a really good job, and one of the things I like about our seven-member board, everybody brings different strengths to the table. So I think that’s really important, too, that you have a diverse group like that, that can focus on the varying needs of the district.”

What do you think your strengths are?

“Well, you know, with me … in my five-plus years of being board president, my strengths have been, follow policy. That’s what I ask Dr. Hardrick when we talk during her evaluation. But one of the things that I really want to see a superintendent do is follow policy, follow the law, and then have conviction when you make recommendations in a board meeting.”

That’s interesting. So don’t make a recommendation unless you believe in it.

“Exactly. I want your recommendations to be firm. I do. I don’t want anyone, either a school board member or anybody at a school board meeting, to have any doubt that this is what you want done.”

Note: Executive Session is edited for length, style and clarity.

Homeland Safety launches upgraded software system

Homeland Safety Systems, Inc. recently launched its newest software to provide clients with upgraded access control and surveillance platforms that include the latest, state-of-the-art features.

The improved software utilizes intuitive artificial intelligence with top quality facial detection, license plate recognition, object tracking and more, all of which are easily searchable through an enhanced database. The program can search by color, vehicle or person, can perform object counting and two-way communications through cameras, and can also be integrated with any manufacturer’s camera with no recurring licenses. Trained technicians can utilize physical security information management, allowing the software to natively integrate a variety of systems into one software interface, including intercoms, lighting control, intrusion alarms, HVAC, elevator controls and fire alarms. Homeland Safety Systems will demonstrate the system at upcoming conferences.

For more information about Homeland, call 888.909.2261 or go to www. homelandsafetysystems.com.

Entegrity helping Batesville save on energy costs

Entegrity has partnered with the Batesville School District to help it save energy and money through energy savings performance contracting. The $5.4 million project included the conversion of more than 6,200 light fixtures to LED, HVAC and water fixture upgrades,

and a 600-kilowatt solar array at the high school campus. The school district is expected to save $7 million over the life of the project.

To learn more, contact Entegrity at 800.700.1414 or visit www.entegritypartners.com.

First year done in Hight Jackson’s Gentry school

The first school year has been completed at Gentry Intermediate School. Hight Jackson Associates of Rogers was the architect.

The two-story, 48,000-square-foot building for grades 3-5 features two “towers” on either side of the front elevation that are being used as flex spaces. It replaced an aging building that was mostly demolished, except for a portion that was left intact. Known as the “Annex,” it contains a gym, cafeteria, kitchen, and music and art room. The project also includes a new parking lot. A secure entry prevents direct entry into the main school corridor.

For more information, call 479.464.4965 or go to www.hjarch.com.

Modus Studio highlights 1960s’ elementary facade

Construction begins this summer on a complete renovation of Westside Elementary School in Rogers. Architecture firm Modus Studio of Fayetteville designed the 50,000-square-foot transformation to pay homage to the neighborhood school’s original 1960s era modernist exterior. Upgrades will include a new terracotta rainscreen facade, a new covered walkway, classroom tech-

nology upgrades, HVAC replacement, electrical system improvements, a new sprinkler system, and updated finishes throughout.

To learn more, go to modusstudio. com or call 479.455.5577.

Crow donates to purchase robotics kit at Morrilton

In honor of National Engineering Week, Crow Construction presented the Morrilton Intermediate School Beta Bots robotics team with a donation to purchase a new robotics kit for its trip to the National Beta Robotics Competition in June.

The MIS Beta Bots team won on the state level by building and programming a robot that sorted plastic bottles for recycling based on the color of their labels. Crow Construction is committed to supporting STEM education and developing the future construction workforce in Arkansas. It wishes the Beta Bots good luck at the national convention.

For more information about Crow Construction, go to www.crowconst.com or call 501.354.6511.

Crafton Tull designs Rogers elementary school

Crafton Tull provided the civil engineering, surveying, and landscape architecture for the new Fairview Elementary

school in Rogers slated to open this coming August. In addition, it designed the adjacent improvements to Garrett Road where the school is located. The new facility was needed to accommodate the growth in student population within the district. The 89,000-squarefoot building is designed to comfortably hold approximately 700 children plus faculty and administrative staff.

For more information about Crafton Tull, go to craftontull.com.

Stephens assists with continuing disclosures

Please be advised that continuing disclosure annual report filings are due Sept. 28, 2019.

When most districts issue bonds they agree to provide certain annual financial information to investors. This is known as a continuing disclosure agreement. If

a district fails to comply, it is in breach of the CDA and could face adverse consequences from investors and/or regulators. Increased enforcement of securities regulations makes it imperative that districts stay current with their financings’ continuing disclosure requirements.

As part of its municipal advisory services, Stephens offers school districts dedicated continuing disclosure assistance. Once engaged, Stephens collects and compiles data and prepares the district’s annual financial information report for submission to EMMA. Stephens helps the district be certain its filings are in compliance with regulations. By entering into an agreement with Stephens, the district can demonstrate to investors and regulators that it has taken formal steps to manage its continuing disclosure requirements by engaging a third-party to provide these services.

If you have any questions about this requirement, please contact your Stephens’ advisor or Melissa Walsh at melissa.walsh@stephens.com.

C.R. Crawford, NWA Brand help pass millage hike

The alliance of C.R. Crawford Construction and NWA Brand provided comprehensive campaign services to the Huntsville School District, resulting in its first millage increase in 30 years. The 3.9-mill increase will fund the construction of career technology education buildings in Huntsville and St. Paul and an activity center that will serve the entire community. It also will provide for air conditioning the gymnasiums on the Huntsville and St. Paul campuses.

Services provided by NWA Brand include identifying key issues, organizing campaign meetings and events, campaign branding, and social media strategy development.

For more information about C.R. Crawford, go to crcrawford.com or call 479.251.1161.

Premier Partners

AETN - Arkansas Ideas

BXS Insurance

First Security Beardsley Public Finance

Homeland Safety Systems, Inc.

Lifetouch National School Studios, Inc.

Pro Benefits Group, Inc.

Stephens Inc.

Bryan Fields

800.488.6689 bfields@aetn.org

Website

www.aetn.org

Bill Birch 501.614.1170 bill.birch@bxsi.com bxsi.com

Scott Beardsley 501.978.6392 scott@fsbeardsley.com fsbeardsley.com

Mike Elliott 318.221.8062 mike@hssems.com www.homelandsafetysystems.com

Patrick Hand 501.664.5550 phand@lifetouch.com schools.lifetouch.com

Gary Kandlbinder 501.321.0457 pbfsi@sbcglobal.net www.pbfsi.com

Jason Holsclaw 501.377.2474 jason.holsclaw@stephens.com www.stephens.com

The Interlocal Purchasing System (TIPS) Mickey McFatridge 870.926.9250 mickey.mcfatridge@tips-usa.com www.tips-usa.com

Exhibiting Partners

A.D.E.M. Federal Surplus Property

ACE Sports

All-Clean USA

ArCom Systems, Inc.

Baldwin & Shell Construction Company

Contact Phone

Brian Jones

Website

501.835.3111 brian.jones@adem.arkansas.gov www.adem.arkansas.gov

Mark Bridges 501.909.9173 mark.bridges@acesports.com www.acesports.com

Lisa Graham 870.972.7729 lgraham@allcleanusa.com www.allcleanusa.com

David Watson 501.225.4910 dwatson@arcomsys.com www.arcomsys.com

Jeff Marcussen 501.374.8677 jmarcussen@baldwinshell.com www.baldwinshell.com

BOK Financial Cody Kielmeyer 918.588.6337 ckielmeyer@bokf.com www.bokfinancial.com

Brock USA

Amy Champion 303.544.5800 achampion@brockusa.com www.BrockUSA.com

C.R. Crawford Construction, LLC Phil Jones 479.251.1161 pjones@crcrawford.com www.crcrawford.com

Caddell Construction Co. (DE), LLC Hallie Bussman 479.319.3387 Hallie.Bussman@caddell.com www.caddell.com

Capital Business Machines, Inc.

Chartwells

Colonial Life

Ben Higgs 501.375.1111 bhiggs@capbiz.com www.capbiz.com

Joan Y. Thorne 214.471.0206 Joan.Thorne@compass-usa.com chartwellsk12.com

Mika McFadden 501.246.8978 mika.mcfadden@mycoloniallifeagent.com coloniallife.com

Crow Construction and Paving Morgan Zimmerman 479.264.4332 mzimmerman@crowconst.com www.crowconst.com

Curtis Stout Energy Solutions Chad Thornton 501.372.2555 cthornton@chstout.com www.chstout.com

David H. Frieze and Associates, Inc. Paul Frieze 501.922.9704 paulfrieze7@gmail.com

Digital Effects

Entegrity

ESS

EZ-ACCESS

Grasshopper Company

Price Lavender 903.255.0707 Price@DEWraps.com DEWraps.com

Rick Vance 501.766.4208 rick.vance@entegritypartners.com www.entegritypartners.com

Julie Crum 870.239.6608 julie@subteachusa.com www.subteachusa.com

Paul Dyer 800.258.8503 pdyer@ezaccess.com www.ezaccess.com

Ted Brown 620.345.8621 gov@grasshoppermower.com grasshoppermower.com

Hight Jackson Associates, PA Liz Cox 479.464.4965 lcox@hjarch.com www.hjarch.com

JBP Architects

Kelly Educational Staffing

Kinco Constructors

KLC Video Security

Lakeshore Learning Materials

Lexia Learning

McPherson & Jacobson, LLC

Mid-America Sports Construction

Midwest Bus Sales, Inc.

Modus Studio

Musco Sports Lighting, LLC

Nabholz Construction Company

National Safety Shelters

Pop Pop Shoppe

Powers of Arkansas

Progressive Technologies

SFE - Southwest Foodservice Excellence

Single Parent Scholarship Fund of Pulaski County

Social Sentinel Inc.

Southern Bleacher Company

Trammell Piazza Law Firm, PLLC

Tri-State Floors, Inc.

Van Horn Construction, Inc.

Randall Palculict 501.664.8700 randy@jbparchitects.com www.jbparchitects.com

Brandy Meisenheimer 816.517.5339 meisebr@kellyservices.com www.kellyeducationalstaffing.us

Clay Gordon 501.225.7606 cgordon@kinco.net KincoConstructors.com

Bill King 903.792.7262 Billking.klc@gmail.com www.klcvideosecurity.net

Blake Stansbery 310.537.8600 bstansbery@lakeshorelearning.com www.lakeshorelearning.com

Karen Love 978.405.6200 klove@lexialearning.com www.lexialearning.com

Thomas Jacobson 888.375.4814 mail@macnjake.com www.macnjake.com

Chris Cox 816.524.0010 ccox@mid-americagolf.com www.mid-americasportsconstruction.com

Paula Davis 479.474.2433 pcdavis@midwestbussales.com www.midwestbussales.com

Chris Lankford 479.455.5577 info@modusstudio.com www.modusstudio.com

Jeremy Lemons

Jake Nabholz

501.249.8056 jeremy.lemons@musco.com www.musco.com

501.217.5536 jake.nabholz@nabholz.com www.nabholz.com

Sarah-Jane Corrado 772.621.6141 sarah@nationalsafetyshelters.com www.natonalsafetyshelters.com

Cassidy Lavender 903.276.5580 Cassidy@poppopshoppe.com www.poppopfundraising.com

Ron McCarty

Rodney Jackson

501.350.5420 rmccarty@powersar.com www.powersar.com

501.833.9000 rjackson@thinkprogressive.com www.thinkprogressive.com

Vanessa Pressley 972.897.8425 vanessa.pressley@sfellc.org www.sfellc.org

Lori Lynch 501.301.7773 lorilynch.spsf@gmail.com www.spsfpulaski.org

Heather Harer 860.335.7246 Hharer@socialsentinel.com www.socialsentinel.com

Carla Herndon 940.549.0733 herndon@southernbleacher.com www.southernbleacher.com

Connie Straw

501.371.9903 connie@trammellpiazza.com trammellpiazza.com

Dean Smith 918.343.2553 dean@tri-statefloors.com www.tri-statefloors.com

Judy Scott 479.968.2514 jscott@vanhornconstruction.com www.vanhornconstruction.com ViewSonic

Threats from a special ed student

Vilonia acted to protect everyone’s rights and safety; now, it’s up to the court

School districts must take seriously threats from students, including special education students. They must take steps to ensure other students and staff are safe. And sometimes the legal process can take a while, and involve some twists and turns.

That’s what Doe v. Vilonia School District involves. A student who made threats has won two favorable decisions from an administrative hearing officer. The case was discussed in May at a national special education conference.

The student had been placed on an individualized education program (IEP) in May 2017 because he suffered from traumatic brain injury, depression and oppositional defiant disorder.

Then in March 2018, he sent threatening texts and posted videos featuring classmates and captions like “shoot to kill.” He posted a Snapchat video of himself holding a handgun captioned “#ILOVEITWHENTHEYRUN.”

Parents of other students notified school authorities, who alerted law enforcement. Police surveilled his house and arrested him the next morning at

by Jay Bequette ASBA General Counsel

parent wanted the student in school, so the district filed for expedited due process and an injunction.

A federal court decided the student likely would hurt himself or others if he remained in his current placement. It agreed that homebound placement was appropriate while an administrative hearing officer decided the next steps.

So far, so good. But then the hearing officer concluded in the expedited due process hearing that the student could return to school. He said his threats did not occur on school property and were not addressed to a particular person or audience. He ruled the district had

district proposed homebound placement and therapeutic day treatment, but the

meeting. He even said there was no evidence the student’s posts could have caused others to believe the threat was immediate, even though parents had felt threatened enough to call the district, and police immediately responded to protect the public and the school.

Then in a regular due process hearing, the officer concluded the district failed to educate the student even while finding the parents had chosen not to let the district provide homebound instruction. He said the student “committed no identifiable crime.” He said the posts were not serious because they were not directed at any one person, even though they were similar to those made by a school shooter in Santa Fe, Texas in May 2018 and resulted in the student being taken into custody by police.

The district has since appealed. The case is pending in U.S. district court.

Bottom line: The district has respected the student’s rights and protected other students and staff. It has fulfilled its legal responsibilities – and its ethical

WE BUILD

LEARNING SPACES

Attention to detail. Room to grow. Safety first. These were the main goals of the Ozark School District as they embarked on a large-scale expansion of their junior high. With their vision leading the way, Nabholz delivered a functional learning space that not only met these concerns but was also on time and under budget.