March 2019 Report Card

Report Card March 2019 www.arsba.org

The Journal of the Arkansas School Boards Association

Teamwork pays off

When the governor was handing out Arkansas School Recognition Program Awards, all of Bismarck’s schools were among the top performers statewide for the second year in a row. How does Bismarck excel? Through professional learning communities and taking a team approach where everyone, from teachers to librarians to custodians, is part of the education process.

Above: Art teacher Whitney Thornton teaches students to draw a monster. With her from right are Hunter Rayburn, Alayah Micucci and Abbi Adams.

Tough questions and board responsibilities

The world as we know it is constantly changing. It seems as I get older some things start to move a little slower, while other things, such as the student educational setting and expectations, seem to move at an increasing pace.

With the ever-changing school environment, requirements, laws, expectations and, well, changes in just about everything, where do we go from here?

A lot of questions must be answered, starting with the students with whom we have been entrusted. Here are a few of the questions that keep me up at night.

• Do we have students who are not being fed?

• Do we have students who do not have a home to go to?

• Do we have students who need medical or dental care?

• Do we have students needing shoes, clothing and other basics?

• What about meeting the technology needs of our students?

• Is our school safe?

• Are we meeting the requirements of students with special needs?

What plans do we have in place to meet all these student needs?

As you are aware, this list could go on and on. It often seems that we are just reacting to the last identified need, and in many cases we are. When we think of

by Neal Pendergrass ASBA President all the issues and needs of our students and schools combined, the task can be quite overwhelming.

A big piece of the puzzle is our state Legislature and the laws that are passed.

We must also look at the legislation that is being proposed during each session.

Some of the legislation appears to be an attack on public schools – some quite deliberate and some unintentional, but still harmful. Funding is always an issue, and how that funding is distributed is critical to success. Oftentimes the legislators don’t quite grasp the impact their bills have on education or the repercussions to our public schools. It is extremely important that we continue to be the vocal advocates for public school systems in Arkansas as well as the nation.

Legislators must hear our concerns and gain input from us all year long, not just while the Legislature is in session.

We should be inviting legislators into our schools, allowing them to see what is really happening and the importance of how well they represent us. Partisan politics is a growing concern. Legislators should be representing us, their constituents, and not blindly adhering to their particular parties’ platform. We should be having constructive dialogue at our local board meetings about proposed bills and the possible impact of these bills on local districts. Discussion should occur on an ongoing basis as well as during legislative sessions.

We have many sincere legislators who truly want the best for our students, but they need information on how possible legislation will impact your schools as well as our students. Let your elected legislator hear from you before he or she votes yes or no on bills that impact public schools. Just remember that legislators sometimes have hard decisions to make, and similar to educational professionals much of the feedback is negative. Don’t forget to thank your legislators for the good works they accomplish while in and out of session, as well as favorable bills and positive stances they take to support our students.

Thank you for allowing me to serve this year as your president.

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Report Card

The Journal of the Arkansas School Boards Association

News and Features 10 ASBA School Law Seminar 10 When can you search a phone?

Students have diminished privacy rights when they step onto a school campus, but schools still must take only reasonable actions when seizing and searching their cell phones.

13 When to ban the fan

School districts can remove disruptive adults from campus, but they should only ban them permanently as a last resort.

14 Teacher pay hike signed into law

18 Bismarck Elementary School second grade teacher Alesha Norris teaches students about blends and sounds. Bismarck takes a team approach to learning, which is one reason why all its schools were honored through the Arkansas School Recognition Program for the second year in a row.

Departments 2 5 5 6 7 28 30 31

President’s Column ASBA News and Notes ASBA Calendar Letter from the Executive Director Advertisers Index Marketplace Commercial Affiliates Jay Bequette’s Column

4 March 2019 Report Card

Beginning teachers at 168 school districts will see $4,200 pay raises over the next four years under a law passed this legislative session, but it’s yet to be seen how those higher salaries will be funded after that.

18 PLCs source of Lions’ pride

When Arkansas School Recognition Program funds were awarded to 175 public and public charter schools last October, all three of Bismarck’s schools received awards.

How did the home of the Lions enjoy such prideful success? By creating a culture based on teamwork that is fostered through professional learning communities, or PLCs.

24 Executive Session with Kyle Cannon

ASBA News and notes

Topics will include the Freedom of New Board Member Information Act, ethics, the roles and responsibilities of board members, and Institute set for June the legally required audit training. Also included will be the do’s and don’ts of 24 in Hot Springs executive sessions, procedures for con-

The day-long New Board Member Institute will be June 24 at the Hot Springs Convention Center. ASBA’s Workshop for Administrative Professionals will be the same day at the same location.

Check-in and a continental breakfast at the NBMI will begin at 7:45 a.m. Sessions will start at 8:30 a.m. and adjourn at 3:30 p.m. Lunch is included. School board members will earn six hours of boardsmanship training credit.

The NBMI helps recently elected school board members transition from private citizen to public official. It’s also a great opportunity for veteran board members to refresh, recharge and work with new board colleagues and superintendents.

ducting orderly board meetings, and the board’s relationship with the superintendent and community.

Registration links and additional information will be posted at ASBA’s website, www.arsba.org.

ASBA’s Workshop for Administrative Professionals is a professional development opportunity for administrative assistants, secretaries, bookkeepers and others whose job duties intersect with the school board’s work. Their systemlevel duties often have both practical and legal implications for their schools and boards. The workshop is designed specifically for those who seek to achieve excellence in providing profes-

ASBA calendar

May 7 Joint Leadership Conference Wyndham Hotel North Little Rock June 24 New Board Member Institute Hot Springs Convention Center Hot Springs July 25-27 Southern Region Leadership Conference New Orleans

ASBA News and notes continued on page 7

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Letter from the Executive Director

Membership has its benefits ... including

by Dr. Tony Prothro free legal advice My wife and I were recently reviewing our membership status in various organizations. During this discussion I realized we were not taking advantage of many of the programs and services these memberships offer.

I began to wonder if ASBA’s members take advantage of what it offers. So, in case you are new to ASBA as a board member, here are just a few of our programs and services.

• Legal Advice. Kristen Garner is an indispensable resource and one of the few attorneys providing free consultation. I have heard her say, “I am one of the few attorneys you do not have to feed quarters into the machine to keep the meter running.” However, ASBA attorneys do not “represent” districts.

They will advise a district right up to the line of actual representation and then hand off the case to a district’s paid attorney. Kristen is well versed in school legal advice with more than 25 years of experience at ASBA. She works with districts on topics varying from employee termination to student privacy issues.

Lucas Harder is another attorney on staff who often assists districts. His general areas are election information, legal code, and policy. I would remind board members that our attorneys work with school legal issues but do not take calls on personal topics outside the scope of the educational realm.

• Professional Development. ASBA has expanded these services in recent years through the leadership of Dr. Anne Butcher. Professional development may take the form of conferences, regional meetings, specialty workshops, online digital learning, or individualized school district workshops on campus. These cover a variety of topics including hot topics, strategic planning, evaluation, finance, roles and responsibilities, etc.

• Advocacy. ASBA has a strong advocacy team. Dan Jordan leads the 6 March 2019 Report Card

team supplemented with the irreplaceable skills of Lucas Harder. ASBA not only drafts legislation but also tracks and researches bills that will have an impact on public education. We regularly send legislative information to our membership and are always willing to provide committee testimony as needed.

• Policy Service. In the not so distant past, schools were responsible for determining which new laws and regulations at the federal and state levels required the development of local district policies. This was a tedious task that on many occasions required numerous administrative hours and costly attorney fees. ASBA’s model policy service now helps districts meet this legal requirement. More than 99 percent of school districts use the model policy service that is managed by Lucas.

• Insurance Division. My column in the previous Report Card covered ASBA’s insurance programs. Shannon Moore, the program director for the insurance division, manages a variety of products utilized by every school district in Arkansas.

• Communications. Jennifer George is ASBA’s communications director. She regularly sends important information to our membership. She tries to walk the fine line between providing the essential information needed and information overload. She accomplishes this through the ASBA website, emails, Facebook account, Twitter and, of course, this magazine. If you need to plug into one of these media outlets, please don’t hesitate to contact our office.

These are just a few of ASBA’s services. Upcoming editions of this magazine may drill down a little deeper into ASBA operations and services. We hope you utilize these according to your district needs. Please let us know if there are other services your district needs that we can provide.

Report Card The Journal of the Arkansas School Boards Association Vol. 12, Number 1

March 2019

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: Tina Cates 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 Report Card is published quarterly by the Arkansas School Boards Association. Copyright 2019 by the Arkansas School Boards Association and Steve Brawner Communications. All rights reserved.

ASBA News and notes sional services to their superintendents, school boards, and stakeholders.

Check-in and a continental breakfast will begin at 7:45 a.m. Sessions will start at 8:30 a.m. and adjourn at 3:30.

Joint Conference for ASBA-AAEA will be May 7

ASBA and the Arkansas Association of Educational Administrators will host the 23rd annual Joint Leadership Conference Tuesday, May 7 at the Wyndham Riverfront in North Little Rock.

Check-in and a continental breakfast begin at 7:45 a.m. The conference begins at 8:45 a.m. and ends at 3 p.m.

Conference attendees will earn up to six hours of boardsmanship training credit. Registration links and additional information will be posted at ASBA’s website, www.arsba.org.

Southern Region in New Orleans in July

The Southern Region Leadership Conference will be July 25-27 in New Orleans.

The annual event brings together school board members from Arkansas, Louisiana and Mississippi, with each state taking a turn at hosting.

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

Fall Leadership Institute expanding to 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

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ASBA News and notes Fayetteville. Last November’s event, the first of its kind, attracted school board members from as far away as McGehee in southeast Arkansas and Blytheville in the state’s northeastern corner.

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.

Books & Breakfast is part of School Breakfast Month

March is School Breakfast Month, and the Arkansas No Kid Hungry campaign and the Arkansas Hunger Relief Alliance are promoting the meal through Books & Breakfast Arkansas.

Schools can earn prizes for having a Breakfast After the Bell program and submitting a photo of students eating breakfast while reading, along with a 50-word essay and a list of the total number of breakfasts served in March 2018 and March 2019. Entries can be submitted by April 15.

The winning school will receive $1,500 plus three boxes of books.

Stephanie Hynes, Little Rock School District nutrition director, displays a Tshirt at the Capitol.

Second and third place prizes are also available.

At a press conference March 5 with Gov. Asa Hutchinson, Patty Barker, Arkansas No Kid Hungry campaign director, promoted Breakfast After the Bell programs, which give students chances to eat breakfast later in the morning.

Since those programs were introduced in Arkansas in 2011-12, an additional 4.4 million breakfasts have been served.

Tiffany Snyder, Blytheville School District child nutrition director, described her district’s incorporation of Second Chance Breakfasts. Since last year, breakfast numbers at the high

school have increased 35 percent. The number of breakfast stations quickly increased from one to three. She said feedback from parents has been positive.

Kellie Simpson, Rogers School District assistant child nutrition director, said nine of her elementary schools serve breakfast in the classroom available at a kiosk in the middle of the hallway. The district has doubled the number of breakfasts it served using the traditional method. Students are asking their parents to get to school in time to eat breakfast with their friends, while nurses say they see fewer midmorning visits. Teachers say elementary students are more engaged and are learning how to eat with others. For high school students, the district offers breakfast items between first and second period. That alternative has served students who arrive at school just as class starts as well as hungry athletes who have morning practices.

“Our administrators and our teachers have asked that we never go back to a traditional breakfast serve,” she said.

Girls Go Cyberstart points girls to cybersecurity skills

Arkansas is participating in an initiative to encourage female students to learn cybersecurity skills.

The Arkansas Department of Education announced Tuesday, Feb. 19, that Arkansas is partnering with the SANS Institute, the world’s largest information security training provider. It provides cybersecurity training and certification for government and commercial institutions across the globe.

Through the partnership, female students in grades 9-12 can play Girls Go CyberStart, girlsgocyberstart.org, a free online game that encourages students to explore cyber studies and learn cybersecurity skills. Students can play alone or in teams to solve challenges, earn points and advance though different levels, earning prizes such as trips, gift certificates and computers. The three Arkansas schools with the most participants will earn financial prizes.

8 March 2019 Report Card

When the CyberStart program was launched in 2017, only 5 percent of the participants were women. The Girls Go CyberStart game is meant to increase that participation.

After Gov. Asa Hutchinson took office in 2015, the first law he signed required all Arkansas high schools to offer a computer science course. Since then, the number of students taking a course has increased from 1,100 to 8,044 during the 2018-19 school year. The number of female students rose from 220 in 2014 to more than 2,400 this year.

ADE’s Bradberry to coordinate school safety

The Arkansas Department of Education has named Doug Bradberry as its school safety coordinator to assist

districts with implementing safety policies and procedures.

According to an ADE press release, Bradberry will help districts with comprehensive school safety Bradberry assessments. He will work with the Division of Public School Academic Facilities and Transportation regarding revisions to the Arkansas Public School Academic Facility Manual.

He also will collaborate with the Governor’s Office to implement recommendations provided by the Arkansas School Safety Commission.

Gov. Asa Hutchinson created that commission in March 2018 in the wake of the school shooting in Parkland, Fla. It presented its final list of recommendations in December.

April 1 deadline for ASBA scholarships

Some (or many) board members may receive this magazine after April 1. For those who receive it before then, that’s the deadline for applying for the ASBA Educational Foundation scholarships.

The $650 scholarships are awarded to children of Arkansas school board members. The ASBA Freshman Scholarship goes to four high school seniors who will enter two-year or four-year Arkansas institutions of higher education. The four recipients will represent each of the state’s four congressional districts. The J.K. Williams Memorial Scholarship, named in honor of former ASBA Executive Director J.K. Williams, goes to a student who is pursuing an advanced degree in the field of education at an Arkansas institution of higher education.

Applications are available at ASBA’s website, www.arsba.org.

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ASBA School Law Seminar

When can you search a cell phone?

Schools have more leeway than other authorities, but suspicion must be reasonable. In other words, no fishing expeditions.

By Steve Brawner Editor

Students have diminished privacy rights when they step onto a school campus, but schools still must take only reasonable actions when seizing and searching their cell phones.

That was one of the main ideas in a presentation at ASBA’s School Law Seminar Feb. 12 by Dak Kees with the U.S. Attorney’s Office in the state’s Western District, and Cody Kees with Bequette, Billingsley & Kees, P.A. The brothers’ presentation was titled “Cell Phones: Search, Seizure and Sex Predators.”

The U.S. Constitution’s Fourth Amendment protects citizens against “unreasonable searches and seizures” but allows them when authorities have “probable cause.”

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BROTHERS IN LAW. Dak Kees with the U.S. Attorney’s Office in the state’s Western District discusses what school districts can do related to cell phone searches and seizures while his brother, Cody Kees, with Bequette, Billingsley & Kees, P.A., looks on.

But schools have more leeway than other governmental authorities under a 1985 court case, New Jersey v. T.L.O. There, the Supreme Court ruled that the Fourth Amendment applies to public school students, but that guarantee is also balanced with schools’ need to maintain order and discipline. Schools are acting in loco parentis, or in the place of parents.

As a result, students have a decreased expectation of privacy. Instead of “probable cause,” school administrators must merely have a “reasonable suspicion” before conducting a search.

But Dak Kees warned attendees that schools must conduct searches and seizures the right way. They must have a policy clearly defining what good order and discipline are because judges will be skeptical of arbitrary decisions. Searches must be justified at their inception,

and they must be related to the initial concern.

“It cannot be a fishing expedition,” he said. “You’ve got to know what you’re looking for. You’ve got to be able to articulate what you’re looking for before you start looking. Second of all, the scope of the search is reasonably related to the circumstances necessitating the search. If you’re looking for drugs, searching an iPhone’s not going to cut it. … If you’re looking for drugs, a backpack will. If you’re looking for drugs, a locker will. If you’re looking for drugs, his person will.”

Court cases are defining how the law applies to cell phones. In Riley v.

California in 2015, the Supreme Court ruled that police cannot search a cell phone seized without a warrant because cell phones contain a large amount of data. That means schools must reason-

ably suspect a student has violated school disciplinary codes – again, based on written policy – before conducting a search. Because of Riley, courts will more likely side with students if the violation is not related to the phone.

“You can’t search the cell phone if you cannot bridge the gap between what you suspect that student of doing and the cell phone itself,” Dak Kees said.

One audience member asked what would happen if school personnel discovered another violation that was not related to the search’s original purpose.

The answer: They can act on it as long as there were reasonable grounds to search, and the search wasn’t too expansive.

Cody Kees presented some specific cases. In one, a teacher searched a student’s phone after catching the student texting in class on the basis that the student had occasional suicidal thoughts.

The court ruled against the teacher because the student had not done anything

wrong other than use his phone in class.

As a result, the teacher could seize the phone but not search it. In another case, a teacher and assistant principal confiscated a student’s cell phone because it fell out of his pocket, which was a violation of a district policy whereby students could carry phones but not display them. They then called nine other students on his contact list to see if they would answer the phone during school hours and then impersonated the student while texting his younger brother. The court found the school personnel had violated the student’s 1st Amendment and 4th Amendment rights as well as a federal wiretapping law. In a Virginia case, parents reported that a student was smoking marijuana on a school bus, so administrators searched his phone, backpack, shoes and pockets, and they conducted a patdown. The court ruled that all of those actions were permissible except the search of the phone, because

Continued on next page

LEGAL ADVICE. ASBA’s general counsel, Jay Bequette with Bequette, Billingsley & Kees, P.A., discusses two disabilitiesrelated cases.

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ASBA School Law Seminar marijuana can’t be hidden there. However, they could seize the phone so he couldn’t contact his friends.

Dak Kees said school officials can act on a tip only when the information is specific, fresh and reliable.

Disabilities cases In another presentation, ASBA’s general counsel, Jay Bequette with Bequette, Billingsley & Kees, P.A., discussed two Arkansas cases related to the Americans with Disabilities Act. In Conway School District v. Pettus, a district court in January denied a parent’s request for an injunction after the district refused to let the student bring a therapy dog to school. The district had created a plan to help that student deal with her anxieties that the parent had rejected. The court noted that the student was high achieving and that the dog would be disruptive to other students.

The parent has since directed her attorney to dismiss the lawsuit.

In another case, Doe v. Vilonia School District, an Arkansas Department of Education-appointed hearing officer ruled against the district after it expelled a troubled student who had created threatening text messages and social media posts from home. That ruling came despite a federal judge earlier granting

GOOD ADVICE ON CONSTRUCTION. Attorney Chad Trammell with the Trammell Piazza Law Firm told attendees how they can protect themselves against construction defects.

the district’s request for a restraining order. The judge ruled that the district had established that irreparable harm would occur if the student were returned to the school environment. The student is back in school, and the district’s appeal is now in district court.

Construction defects In another presentation, attendees were told how to protect themselves against construction defects, and also how to respond when defects are discovered.

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Chad Trammell, an attorney with the Trammell Piazza Law Firm, PLLC, said school districts should thoroughly inspect a building upon moving in, and they should resolve issues before taking possession even if they face a deadline.

Schools should review buildings for one-year warranty repairs and should evaluate building systems annually.

They also should consult regularly with the maintenance staff and maintain thorough logs. Doing so makes it more difficult for contractors to blame problems on poor maintenance.

Contractors generally will fix problems, but sometimes they will try to avoid responsibility by running out the clock. After about two years of unfixed problems, schools should be on “high alert.” The statute of limitations for negligence in Arkansas is three years, while breach of contract claims can’t be made five years from the date of substantial completion. However, insurers won’t cover for a breach of contract.

“Bottom line is, remember three years is a date you don’t want to get past,” he said. “If for whatever reason you get past three years, you cannot go past five years from the date of substantial completion.”

Trammell said districts should lose their patience when the one-year warranty expires, when the contractor refuses to complete repairs or makes only temporary repairs, when building systems continually fail, and when construction issues interfere with daily business.

He said school districts should ensure contracts are fair. Otherwise, it could be more difficult to recover damages.

Some contracts require binding arbitration waiving a district’s right to a jury trial. He recommends against including that provision. Typically that clause will define how arbitrators will be chosen.

Usually, they’ll come from the construction industry, meaning they’ll be biased toward contractors.

Also, attendees were told that school districts that fail to answer or refuse to answer a garnishment order could be responsible for an employee’s debts owed for that pay period. That information was provided by Abtin Mehdizadegan, an attorney with Cross, Gunter, Witherspoon & Galchus, P.C.

When to ban the fan?

ASBA’s Garner: Use progressive discipline with adults, just like you would with students School districts can remove disruptive adults from campus, but they should only ban them permanently as a last resort.

Kristen Garner, ASBA staff attorney, told attendees at the ASBA School Law Seminar how to respond to misbehavior in a seminar titled, “Ban the Fan? Dealing with Disruptive Adults.”

Garner said school personnel tend to react to an unpleasant confrontation by proposing a permanent ban. Courts will not see that as a reasonable first response. Instead, they should take intermediate steps, just as they would with students. Permanent bans cannot be discriminatory or overly broad.

“It’s not that we can’t do that,” she said. “But it needs to not be a first response. It needs to be a last resort. To put that in administrator terms, we need progressive discipline. And going from confrontation to being banned from the premises is like going from zero to expulsion. It’s not that it’s impossible. It’s just that it should be very rare for you to go from zero to expulsion.”

Garner said school personnel can warn the adult offender, ask them to leave the event, send them a written warning, and then, later, involve the police and prosecutor. However, she warned attendees that a minor incident will not be seen as a priority by law enforcement personnel. Their attention will be focused on more serious crimes.

Garner said school districts should be proactive. At sporting events, they can post signs explaining behavior expectations and consequences, including a warning that failure to follow directions from a school official can result in being asked to leave without receiving a refund.

Garner told attendees that adults who misbehave in public are the type of people who will push back against efforts to control them. Therefore, school personnel must be prepared to respond to that pushback. Often the adult’s first response will be to say they have a right to

access public property.

That’s not true; adults have no more right to be at a school function than they do to use the governor’s private bathroom at the Capitol.

BILLY FAIR, a Blytheville Likewise, School Board member adults claimand referee, discusses experiences with unruly ing to have a fans. constitutional right to free speech are mistaken; that right is not unlimited. Parents often will argue they have a right to be at their child’s school during the school day.

However, courts have ruled that while parents must have access to teachers, they do not have a right to be physically present in the classroom while teaching is taking place. Garner recommended schools have a policy for classroom visits. A reasonable amount of time is 15 minutes, accompanied by a principal.

Finally, banned adults will often claim they have a right to a board hearing. No, they don’t.

Garner reminded attendees that people have different comfort levels with conflict. School personnel tend to be excitable and apply the student handbook to adult conduct. She advised them to apply the “Walmart shopper standard.” Conduct that could be expected in Walmart can also be expected at school events, though the threshold for misbehavior will be lower for instructional settings.

Garner warned attendees not to act in order to prevent problems. Let the bad thing happen, and then respond. Parents who use profanity cannot be banned based on the fear they will do it again.

“Courts are extremely unimpressed by something bad could happen,” she said. “They are super deferential to your reasonable response when the bad thing has happened, but they get mad at you and you lose your court case when you anticipate or you try to prevent.”

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Report Card March 2019 13

Legislative session

BILL SIGNING. Gov. Asa Hutchinson signs the Teacher Salary Enhancement Act into law at the Arkansas Department of Education Feb. 18 in front of education majors, Arkansas Teachers of the Year, legislators and Education Commissioner Johnny Key, right.

Teacher pay hike signed into law Law funds increases at 168 districts, but lawmakers must find funding in four years

By Steve Brawner Editor

Beginning teachers at 168 school districts will see $4,200 pay raises over the next four years under a law passed this legislative session, but it’s yet to be seen how those higher salaries will be funded after that.

Act 170, the Teacher Salary Enhancement Act, increases state-mandated minimum salaries for beginning teachers with

CREATED BY EDUCATORS FOR EDUCATORS 14 March 2019 Report Card

a bachelor’s degree from $31,800 in 2018-19 to $32,800 in 2019-2020. By 2022-23, starting teachers will earn $36,000 a year.

Next year, a teacher with 15 years of experience and a bachelor’s degree will earn a state minimum of $39,550. A teacher with a master’s degree and 15 years’ experience will earn $44,950. By 2022-23, those same teachers will earn $42,750 and $48,150, respectively.

Increasing teacher pay was one of Gov. Asa Hutchinson’s top four priorities this session – one of his “four T’s” along with a tax cut, transforming state government, and funding the state’s highway transportation network.

Hutchinson signed the act into law Feb. 18 at the Department of Education in front of onlookers that included past Arkansas Teachers of the Year and also education majors from the University of Central Arkansas.

“For those that are entering the profession, this is a way that we can say we value what you do and what impact that you’ll have on our kids and on our future, and that we want you to be compensated,” Hutchinson said.

He noted that the act increases the minimum teacher salary by 13 percent. Arkansas will move from the middle of the pack among its surrounding states to the top.

The pay increases will have a $60 million four-year impact on the state budget that will be covered with money accrued in the Educational Adequacy Fund, which is funded by a 7/8thscent sales tax passed in a 2003-04 special session. According to Education Commissioner Johnny Key, that fund has about $500 million. The money is regularly spent and replenished, but it can cover the $60 million over four years because tax collections have exceeded expectations, and there are fewer students than expected.

The legislation contains no mechanism for funding the salary increases beyond 2022-23. The law’s sponsor, Rep. Bruce

Cozart, R-Hot Springs, told the House Education Committee Feb. 5 that lawmakers must create a permanent solution through the adequacy process these next four years.

ASBA supported the bill, said Dan Jordan, governmental relations director, though it is concerned about how the raises will be funded once the $60 million is exhausted. ASBA hopes legislators address the issue in the next adequacy study.

“Certainly, we’re supportive of teacher raises,” he said.

Dr. Richard Abernathy, executive director of the Arkansas Association of Educational Administrators, said afterwards that his group supports the bill and “absolutely supports paying teachers as much as we can.” Some administrators are concerned about what happens in that fifth year when districts will be obligated to pay higher salaries without a current funding mechanism, but Abernathy said they are trusting the Legislature’s educational adequacy process will create a permanent solution.

“But we have some districts (that are) a little nervous on year five, what’s going to happen,” he said.

Rep. Reginald Murdock, D-Marianna, asked in that House Education Committee meeting Feb. 5 if struggling districts that have already raised teacher salaries would be compensated. Key said they would not. He recognized the situation might not be fair to districts

such as Dumas and Salem, which have raised salaries, but the state did not mandate any minimum salary increases from 2009 until 2015 and is now playing catchup.

Among the districts receiving more funding will be Batesville, which will get nearly $1.2 million; Pine Bluff, which will receive nearly $1 million; Little Rock, which will get $2.65 million; and North Little Rock, which will get $771,000.

The salary increases come at a time when school districts are responding to a minimum wage increase passed by voters in November that will increase the minimum to $11 an hour by Jan. 1, 2021. Abernathy said school districts are facing $1.9 million in salary increases this year, $6.4 million next year, and $12 million the next.

ASBA-supported bills Education-related acts signed by Gov. Hutchinson as of press time included three that had been part of ASBA’s original package of proposed legislation.

Those were: – Act 168 by Rep. Jim Dotson, R-Bentonville, which 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 by Rep. Les Warren, R-Hot Springs, which reduces from four to two the degrees of kinship for level 3 and

level 4 sex offenders to be allowed to attend ticketed campus events. Attendance would be restricted to the second degree: grandsons, nephews and nieces, and first cousins, and also to great-grandparents, who are in the third degree. Children and siblings are within the first degree.

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

Other school bills Other signed education-related acts as of press time included: – Act 83 by Sen. Jane English, R-North Little Rock, which requires schools to include a literacy plan in their annual school-level improvement plan that is based on the science of reading, and to develop a professional development program based on it. It requires the Department of Education to create a list of resources and curriculum programs based on the science of reading. By the 2021-22 school year, school districts choose from that list unless given approval for an alternative. The science of reading is the study of the relationship between cognitive science and education outcomes.

– Act 190 by Sen. Breanne Davis, R-Russellville, the School Counseling Improvement Act of 2019, which requires that at least 90 percent of a school counselor’s time during student contact

Please see TEACHER PAY on page 29

Report Card March 2019 15

WITH MORE THAN 80 YEARS’ EXPERTISE AND PERSONAL EXPERIENCE, STEPHENS KNOWS ARKANSAS PUBLIC SCHOOLS. An interview with Michael McBryde, Vice President at Stephens Public Finance

Putting clients’ interests first requires Stephens Public Finance bankers to have a detailed understanding of the market and districts’ unique needs but also a drive to help public education in Arkansas. It is an approach that Michael McBryde’s background led him to appreciate long before he started working at Stephens.

What led you to working for Stephens Public Finance?

I knew from a very young age that I wanted to work for Stephens, and more specifically, in the field of public finance. That might sound strange, but my father worked for the firm for more than 40 years financing public projects. During that time, he advised many public school districts in the state as they planned and devised financing strategies for their infrastructure projects. I can remember driving through Arkansas as a child and my dad pointing out the various public projects that he had helped finance. It was from those experiences that I realized the deep impact he and the firm have had in bettering communities across our state. I knew then, I wanted to be a part of that.

So, I joined Stephens right out of college. After graduating from the University of Arkansas, I started in our Fayetteville office, but I subsequently moved back to my hometown of Little Rock. This is the start of my 10th year with Stephens.

You attended public school in Arkansas.

How does that experience shape your perspective on helping public schools in Arkansas today?

Yes, I am a product of Arkansas public schools. Growing up in Little Rock, I attended Jefferson Elementary, Pulaski Heights Middle, and Central High. I believe those experiences helped me realize that people come from many different backgrounds, but that education is the true equalizer if they have the proper learning environment.

At Stephens, we are working every day with the idea that we want Arkansas children to have access to the state-of-the-art facility or technology that may expand their understanding of the bigger world.

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It makes it all worth it knowing we are having a positive impact. When people think about finance, helping the greater good might not be the first thing they think about. But that is really what draws a lot of us into public finance. It has a real purpose.

With the greater good of Arkansas in mind, how does that impact the culture at Stephens and how the firm works with clients?

Stephens traces its origins back to the public finance markets of the early 1930s when we first began investing in Arkansas. We have since grown into one of the largest privately held financial services firms in the United States, all while remaining true to our local roots. We take great pride in the work we do and in the difference we’re able to make in Arkansas.

Our clients always come first. It is this philosophy that ultimately enhances our reputation and has forged relationships, the likes of which have been, and will continue to be, the cornerstone of our success.

Besides putting clients first, what makes Stephens such a good partner for school districts?

Our ultimate goal is to be a trusted advisor to our clients. At Stephens, we understand that our success depends on building trust through providing a candid reflection of our thoughts, opinions, and advice.

We are continuously seeking ways to better assist our clients by exploring new and innovative ways to meet their financing needs.

We strive to be more than just a fiscal agent that shows up to do a transaction, but rather a trusted partner and resource.

Describe your unique familiarity with the Stephens firm.

I think most people in Arkansas have heard of Stephens Inc., the financial services firm, but the organization has been close to me all of my life. As I mentioned, my father worked for the firm for 42 years, all in public finance, before retiring as head of the department. In fact, he was instrumental in growing Stephens’ K-12 education advisory services. I take a lot of pride in knowing that we are coming up on a half a century of McBrydes working for Arkansas school districts.

It’s funny; sometimes I’m working on behalf of a school my father had the privilege to work with in the past. We will be out duck hunting, and he will say, “I remember when that district hired us to finance their high school 35 years ago.” And, we swap stories about the school

buildings we have financed, the board members we have met, and the superintendents we have worked for over the years. I believe that this type of institutional knowledge and access is unique among advisory firms.

So in raising you, your father knew the value of Arkansas public schools?

Absolutely. But, it wasn’t just my dad, both of my parents believed that public schools would provide me with access to different viewpoints and world views that I may not receive through other educational venues.

My family’s viewpoint is the same as our firm’s – Arkansas public schools are the key to our state’s success.

What can the school district leaders and school board members expect from their relationship with Stephens?

School leaders and board members can expect that we will always be there. Stephens has been around for a long time and we have a deep understanding of Arkansas schools and how to best execute on their behalf.

We want districts to know that they can rely on us to work harder than anyone else in the state on their behalf.

What kind of information do school district leaders and school board members need to make the best decisions for their districts?

I believe that district leaders and school board members should take time to learn about Arkansas school finance. To assist with this, we provide financial training for school boards at no charge. That is something we always encourage our new school board members to take advantage of.

We strive to maintain continuous contact with our clients so that they are aware of their financial position.

Describe the municipal bond market right now.

Currently, rates are still low, which I think a lot of people do not realize. They hear that the Fed has been increasing the fed funds rate and that rates are going up and up, but over the past quarter that just really has not been the case. This has allowed some districts to obtain some really favorable interest rates for their construction projects.

And recently we are seeing some districts refinancing old debt for interest savings. It is a favorable time for Arkansas schools to be entering the bond market, as the cost of capital is still very cheap.

But market opportunities or not, what is Stephens’ general approach to these transactions?

We pride ourselves on a conservative approach. Obviously we do not want to be so conservative that we miss opportunities. But a conservative approach is extremely important in school business.

Recently we have seen a mandated increase to teacher salaries; we have seen the state minimum wage increase; and these are things that three or four years ago we did not necessarily think would occur.

These are causing expenditures to go up without always sufficient revenues to back them. If you are not taking a really conservative approach, you could find yourself in trouble.

Unfortunately, this is not new to districts. You do not get into public education for the fame and the riches. And so these people that are working in and running these districts, they are survivors, and they know how to make tough decisions. That’s why it is always a joy to work with them.

In addition, we routinely provide information to district leaders to assist them. For example, we provide districts with a financial analysis that includes local tax breakdowns, valuations, millage rates, their outstanding debt, debt ratio comparisons, among others. We also provide an annual report that benchmarks the district to other districts of similar size and in their area. This report compares districts’ fund balances, salaries, and outstanding indebtedness, to name a few.

Michael McBryde Vice President michael.mcbryde@stephens.com (501) 377-2641

When it comes time for a board to look at a millage campaign or debt restructuring, we are also there to provide financing scenarios and analyses on millage breakdowns and structuring options, including the restructuring of any old or outstanding debt.

@Stephens_Inc

STEPHENSPUBLICFINANCE.COM

Cover / Bismarck School District

WORKS OF ART. Bismarck Elementary School art students learn to draw a monster in teacher Whitney Thornton’s art class. Pictured are, from right to left, Gunner Davis, Annalise Grant, Brody Walker, Cooper Tankersley and John Keding.

PLCs source of Lions’ pride Gov. Asa Hutchinson singled out Bismarck because all of its schools received Recognition Program funds. There, professional learning communities create a culture of studentfocused teamwork.

By Steve Brawner Editor

When Arkansas School Recognition Program funds were awarded to 175 public and public charter schools last October, all three of Bismarck’s schools received awards, and the district was singled out by Gov. Asa Hutchinson at the Capitol.

How did the home of the Lions enjoy such prideful success? By creating a culture based on teamwork that is fostered through professional learning communities, or PLCs. 18 March 2019 Report Card

Superintendent Susan Kissire is in her 11th year with the district, 10 of those as superintendent. Several years ago, the district began using the PLC approach.

PLCs emphasize collaboration and communication. Teachers have both grade level and vertical (different grades) meetings, and educators often communicate verbally and through email. The district incorporates the model at both the teaching and administrative levels.

Kissire said the PLCs represent a new approach to the teaching profession.

When she was an elementary teacher, teaching was an isolating profession.

She shut the door behind her at the beginning of the day and went home at the day’s end.

“So it’s so amazing now to have the PLC process where you go in with our colleagues and you have that collabora-

tion, and you don’t have that fear, too, of, ‘Am I doing the right thing? What do I do with these students that are struggling?’” she said. “Where you can have your colleagues to kind of bounce that stuff off of and say, especially if you’re sharing those students, ‘OK, what’s working for you in math? Because I have this student in reading and he’s struggling, and I’m not able to get through to him. What’s working for you in math? What’s working for you that might work for me?’”

Second grade teacher Alesha Norris said meeting with her fellow teachers in kindergarten and grades 1, 3 and 4 helps her prepare her students for the next grade level. The different grade levels have implemented common assessments to ensure they are on the same page.

“It gives me confidence when I know that we are a team, and the other teach-

About the School Recognition Program The Arkansas School Recognition Program awarded almost $7 million to 175 schools in October.

Awards are presented to the top 10 percent of public and public charter schools scoring highest in state assessments in grades 3-10, and to the top 10 percent showing the most growth, which can include high school graduation rates. The 51 schools in the top 5 percent in performance and growth received $99.18 per student. The top 6-10 percent received $49.58 per student. Seventy-six districts/charter schools received at least one reward.

The first rewards were disbursed in 2013.

Winning schools must form a committee to disburse the funds that includes the principal, a teacher elected by the faculty, and a parent representative. The money can be used for faculty and staff bonuses, nonrecurring expenditures for educational materials, and temporary personnel to assist in improving student performance.

For a list of all 175 schools receiving rewards, go to http://www.arkansased.gov/divisions/public-schoolaccountability/school-performance/ reward-schools.

ers in my grade level are working on the same things that I am,” she said. “If it doesn’t work, we’re going to come back together, we’re going to discuss what didn’t work, where can we go now, what

can we do to help these students succeed.”

This is Norris’ 18th year to teach, and she said there is no comparison to the culture that existed before the district

fully implemented the PLC approach.

She said teachers improve each year as they become more comfortable with the professional learning community process.

Singled out by the governor At the awards ceremony at the Capitol Oct. 29, Gov. Asa Hutchinson handed giant checks totaling $103,537.76 to school administrators.

Bismarck Elementary received $36,498.24 for ranking in the top 5 percent in student performance, and that same amount for ranking in the top 5 percent in student growth. Ranking as one of the best in performance AND improvement is an impressive achievement, especially considering the district was in the top 6-10 percent for performance the previous year. Bismarck Middle School and Bismarck High School each received $15,270.64 for ranking in the top 6-10 percent.

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Cover / Bismarck School District Along with administrators and teachers, the district brought some of its students to the event. Speaking at the podium next to Hutchinson, Senior Karigan Beckwith said, as reported by the Malvern Daily Record, “I go to each of my classes, and I am instructed by teachers who see me as so much more than just another test score. They treat me like a member of the family, a future world changer, a person that matters.”

It was the second straight year all three of Bismarck’s schools received awards through the program, which began in 2013. In 2017, the district collected $134,111.88. Bismarck Middle School was one of the top 5 percent of performing schools, while Bismarck Elementary and Bismarck High School were both in the top 6-10 percent.

The district had done well the previous two years. But in 2014, none of its schools were recognized at a time when the program rewarded schools for scoring in the top 20 percent in combined performance and growth. The year before, only Bismarck Middle School scored in the top 20 percent.

Bismarck moved to the PLC model after administrators attended a conference where the concept was discussed, but they didn’t firmly grasp how to make it work. The district started at the high school level and then began working its way down to the other schools.

Then two summers ago, the district hired Solution Tree, an education consultant, that worked with administrative leadership in June and then with teachers in August.

“When all that was done, it was like all those puzzle pieces just kind of came together, and everything was just kind of solidified, and ever since then it’s just really put that process in place for us,” Kissire said.

Yes, there was some hesitancy among educators when the change first occurred. Some teachers, accustomed to being able to do their own thing, weren’t sure about making the change. They would have to alter their practices and their mindset in how they taught and how they interacted with their colleagues. Kissire said administrators didn’t approach the change as a mandate; instead, teachers were encouraged 20 March 2019 Report Card

ALESHA NORRIS, Bismarck Elementary School second grade teacher, presents a lesson on blended letters, like the “ft” in “soft.”

to change, and they did. No teacher left the district and none really drug their feet. Now that they see the benefits, Kissire said, “We joke and say, ‘We’ve drunk the Kool-Aid.’” High school science teacher Leah Beckwith is in her 24th year of teaching and says the environment is completely different than it was in the past. Teachers come together with an agenda. When she meets with her 11th grade team every Wednesday seventh period for 30 minutes, they can talk about whether a student is struggling and where he or she is excelling. She sacrifices a little tutoring and planning time, but it doesn’t eat into instruction. Her science team meets

on Wednesdays during fifth period and pinpoints kids to see how they are progressing. In the past, there wasn’t a time set aside to do that.

“I just think it’s far more than a program or even a PLC meeting,” she said. “I think we really invest in our students, and I think we’re allowed to do that because of, I meet with this group of teachers every week, and I say, ‘Gosh, I’ve had the worst time with him this week. Do you know anything going on in his life?’ Well, as soon as I know what’s going on in his life, I can problem solve. I can provide extra help, or I can provide a meal, whatever. I think we miss out on a lot of the relationship.

IT ALL ADDS UP. Advanced placement calculus teacher Melissa Black works with Dawson Woodall, left, and Dylan Clayton.

Everybody wants a program. It’s not a program, and we can say people over programs, but I really do feel like that’s enforced here.”

The culture helps build relationships among teachers as well as making them more accountable. As Beckwith explained, “I used to just feel like it’s my classroom. I’ll shut the door and teach what I want to teach and I’ll do my thing in here. But now I really feel accountability to my 11th grade team or my science team or whatever. I just, I don’t want to be the weak link. I look at it as, I want to be pulling my load. There’s an expectation, and heaven forbid I’m the one not meeting the expectation. And I think that’s probably a big thing. I think when you’re hired into the district, you need to know that up front. It’s like, this is how we do it here. You either get on board, or you might want to look to go somewhere else because there is an accountability here.”

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Cover / Bismarck School District Bismarck High School Principal Tony Chambers, an ex-football coach who is in his first year in that position, said while the meetings cover various subjects, ultimately they are about the students.

“This is my fifth district that I’ve been in,” he said. “This is the only district that actually uses the PLC process and the meeting process the way that it should be used. And I think that is the biggest difference. Because everywhere else I’ve been, meetings and PLCs were places to come and gripe, complain, and it wasn’t a productive meeting. And they’re productive here. They don’t just meet to meet. I mean, they meet with an agenda.”

Staff members say the spirit of collaboration infects every part of the district. Media specialists – the school librarians – are an integral part of the education process. Bismarck High’s Cindy Bubulka and Bismarck Middle School’s Julia Hancock were among the group of staff members organized by Kissire to speak to Report Card Feb. 25.

That’s never happened in the 11-plus years this magazine has been published.

The two are actively involved in professional learning community teams, know what students are studying, and ensure their libraries reinforce those lessons.

One learning tool they use is a breakout box, where students can incorporate lessons they’ve learned as clues to help them unlock a box. These can be a culminating or an introductory activity.

When eighth-graders read Edgar Allen Poe’s short story “The Tell Tale Heart,” Hancock created a breakout box challenge that incorporated aspects of the story as well as literary tools used by the author. When high-schoolers read the autobiography “Night” by Holocaust survivor Elie Wiesel, the clues helped students understand the global context surrounding that time period. Bubulka said the students with commonsense street smarts oftentimes will do better at these activities than Advanced Placement students.

And it’s not just certified staff participating in the collaboration. Last year, the middle school decided that everyone would read “Wonder,” an inspiring children’s novel by R.J. Palacio 22 March 2019 Report Card

BREAKING OUT. Seniors Lauren Corley, left, and Karigan Beckwith work with a breakout box in the library. The educational activity lets student apply clues regarding what they’ve learned in order to unlock the box. With them are Susan Kissire, Bismarck superintendent, right, and Cindy Bubulka, the high school media specialist. With Bismarck’s professional learning community approach, the media specialists and libraries are integral parts of the education process. Below, Kissire and Bismarck Elementary Principal Lana Hughes receive a check from Gov. Asa Hutchinson and Education Commissioner Johnny Key at the Capitol.

about Auggie, a student with a facial deformity who attends school for the first time in the fifth grade. Everyone in the school, including secretaries and custodians, read the book. Principal

Ellen Coleman said custodians see the children every day, and occasionally she would hear one jump into a conversation about the book. The school then loaded 350 people – teachers, students, custo-

for subject areas where they qualified. According to Coleman, “That was probably the proudest moment.”

Bismarck also has a culture of friendly competition. During a group interview with staff members, Bismarck Elementary School principal Lana Hughes and Coleman, the middle school principal, playfully sparred about which school is the best. Hughes pointed out that the Elementary School scored the highest of the three schools. Ex-football coach Chambers’ competitive side is obvious as well. He’s well aware that the website schooldigger.com ranks the Bismarck School District fifth in the state, and the schools in front of it have demographic advantages over Bismarck, where almost 61 percent of students pay free and reduced price lunches.

“We are very competitive,” Kissire said. “Our administrators are competitive with each other. I often call them my children because you can get them all in a room together, then they kind of get each other going and get that competition going.”

For Kissire, it’s gratifying to see her district – and her students and her teachers – succeeding. That’s one reason why her license plate says she’s “VRYBLSD.” “My job, oh, it’s very much a blessing just seeing the students succeed and seeing happy teachers and staff members smiling and just knowing that you’re making a difference every day,” she said. “It’s always a blessing.”

ART CLASS. First-graders Mila Shockley and Blake Hughes draw monsters in Whitney Thornton’s art class.

dians – onto buses to watch the movie version. This year, the schoolwide book is “Backroads and Ballplayers,” a nonfiction book by Jim Yeager about professional baseball players from rural Arkansas. During “boot camp” the week before testing, when the school tries to reinforce lessons and prepare kids to excel, there will be a pep rally with hot dogs, and the school will attend an Arkansas Travelers baseball game. School board members have been invited to read the book as well.

“We’re all in this together,” Coleman said. “That’s the culture is we’re just one big team, and we break up into little bitty teams, but when we do stuff, we all come back together.

This is us. We all want our kids to be able to read. We all want our kids to get better.”

Kissire points to other factors besides the district’s collaborative use of professional learning communities. Those include a reward system with incentives. The schools that receive the awards are required to create committees to determine how to use the funds. Bismarck’s chose to use that money to reward everyone that had made that success possible: teachers, bus drivers, custodians, cafeteria workers, whoever. The district also uses incentives to encourage students. The elementary school rented a water park to reward achievers, and students can collect points to earn time outside.

Students who scored at ready or exceeding on the ACT Aspire test walked across a stage and were given medals around their necks. Students could earn up to four medals, and they wore them proudly. Chambers, the high school principal, said, “Those students that got more than one jingled the rest of the day.” Some of the special education students earned medals

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Report Card March 2019 23

EXECUTIVE SESSION with

Kyle Cannon

By Steve Brawner Editor

In 2007, Kyle Cannon and one of his high school classmates decided the school board in his hometown of Mena needed some fresh blood. They both ran for office and both won.

It’s been an eventful 12 years. Not long after his election, Cannon participated in the first of two superintendent hires. Then Mena was struck by a tornado that destroyed one of its schools and forced the district to bus students to nearby Hatfield. Twice the district has asked patrons for a millage increase.

After the first failed, the second passed, leading to the building of a new high school.

When Cannon, 45, first ran for office, he was a salesman for a wood pallet manufacturer. Now he manages the Union Bank of Mena’s Wickes branch.

He also was no stranger to education having a father, Randy Cannon, who is principal at Palestine-Wheatley High School and a mother who retired as a math teacher.

Report Card made the beautiful drive from central Arkansas to Mena and spoke with Cannon, ASBA’s Region 4 director, in the superintendent’s office/ boardroom about those challenges as well as what it’s like to serve his isolated hometown.

You ran 12 years ago. What led to that?

“Well, I’m a Mena native. Been around here all my life. Went to high school here. Graduated, played football, 24 March 2019 Report Card

and then several years after coming back here, there were some people that had been on the board for a long time, and I

just felt like we needed some change and wanted to … try to help get some things done to better our school district.”

Was it just a need to shake things up and freshen up the district, or was the situation worse than that?

“No, it wasn’t worse than that at all.

It wasn’t a bad thing. I just felt like it was time for some new, younger blood on the board than some of the guys that had been there for a while. So myself and another friend of mine that graduated together, we ran at the same time that year in ’07 and were fortunate enough to win.

“We just had some ideas about facilities. Some of our facilities were dated, and we were trying to look into the future. My friend and I both had kids – I guess they were all in elementary school or younger at that time – so we were looking at it for the future. Not my kids, but all kids. I want all the kids of our district to have the same opportunities as some of the larger districts.”

Was it as easy as you thought it was going to be?

“No. No, we had, I guess, two different times we proposed a millage increase. The first time it failed, and then the second time we finally got it to go through. And that was what let us be able to build our new high school. So we’re really proud of that.”

You mentioned that there were two millage requests. The first one failed.

The second one passed. What was the difference?

“We just got it out there more about what we were trying to do. We changed our plans up, maybe not quite as elaborate for the new high school building the second time around. It’s still really nice and big, but some of the things we probably didn’t need, we took out, kind of shaved off some of it. We heard the voices of the people, and so we kind of changed what our goal was for our final product.”

What were you hoping to accomplish with your new building?

“Well, we want facilities that we can be proud of. This year we’re hosting the district and regional basketball tournament at our gym. We wanted a new gym to be able to do that kind of thing.

Mena’s always been kind of out in the

middle of nowhere, and we like to have facilities that we can be proud of when other people come to visit and just try to gain students that way.”

How does being a banker affect the way you govern?

“It helps me at board meetings and at times when we’re looking at renewing bonds and all, but I don’t know how it helps me govern. We’re in charge of the superintendent and his contract, and beyond that, he deals with the governing of the school. We look at board policies and all that, but I don’t know that it really does affect me.”

You’re not able to bring something extra to the table regarding finances?

“Maybe, but all of our board are strong board members. Several of them own their own businesses and are looking at numbers just like I am all the time – in a different way, but I don’t know that I have any more knowledge or any more expertise than they would on making those type of decisions.”

Does being a small-town banker help you be a small-town school board member?

“I would think so. I have never worked for a large bank, but I’ve gone to trainings and things, and I know it’s altogether different in the way they have to look at things. We’re in a town where our county population’s like 20,000 people, so it’s a very small, rural area.

And our big thing as far as banking is customer service because there are other options to go. And it’s kind of the same way with school. There are other options to go, and we want to treat our students (like) we would treat a customer at our bank as far as offering them the most that we can offer. We talk about it, the board does, about that is our customer, the student is. That’s how we get our funding, and that’s what we’re here for is to better their lives.”

Banks have to follow the rules. But the smaller the bank and the smaller the town, surely there’s maybe a little more room for relationships and knowing people and understanding

building the

foundation for success

K-12 Higher Education Training Facilities

479.319.3387 | caddell.com

Continued on next page

Report Card March 2019 25

Executive Session got to have someone that’s stern enough to say no, but yet compassionate enough to want to do the right thing. I think the history of that person, I wouldn’t want to hire somebody that’s right out of college without previous experience. I think we’ve been really blessed to have good superintendents since I’ve been on the board. I’m really pleased with all three of the ones that I’ve worked with. But it’s not an easy job to hire the right person. We spend hours and hours and hours each time we’ve had to hire. It’s a process that takes a month, and almost two or three extra meetings a week it seems like we were getting together to go over applications and go over resumes.”

“

You have to be fair. That’s probably one of the most important things to me is, whether it’s the students or teachers or anybody on your staff, you’ve got to be fair with everybody.

”

where they come from. Am I right about that?

“I would say you’re a hundred percent right about that. Yes.” Does that maybe apply to a smaller school district?

“Yes, I would say – I’ve never been on a board of a big school either, but I would say we know our people of our town. Like I said, I grew up most of my life here and have a lot of relationships with people. A lot of my friends my age have kids my kids’ ages, so we know the majority of our students and their parents as board members.”

Is it harder to serve in the same district where you grew up?

“Sometimes when it’s disciplinary things. If you have to have an expulsion hearing for a student that you might have known their parents forever, things like that, there are times when it makes it hard because it’s more personal when you know those people. And not just that, but other decisions that we have to make, some of the teachers might want to do something, and we kind of feel sorry for them or whatever, if it’s a teacher that I graduated from high school with or knew well through high school.”

What do you do about that?

“Well, usually I just probably say it’s not my decision to make. If there’s anything I can do to help, I want to help, but we can’t break the rules for somebody because I have a relationship with them and have for 20 years. You have to be fair. That’s probably one of the most important things to me is, whether it’s the students or teachers or anybody on your staff, you’ve got to be fair with everybody.”

What are some of the challenges of serving an isolated district?

26 March 2019 Report Card

“Well, declining enrollment is always one thing because there are people leaving Mena to go to bigger cities for jobs. There are some schools in the state that the farthest ballgame that they travel to might be 40 or 50 miles, where we’re looking at 150 or a little over sometimes. That adds cost and time. I like to be involved with all of our athletic programs, and that’s an inconvenience for me to be on the road that much. Just day to day, I would say what affects us the most, though, is declining student enrollment.”

Probably the most important thing school board members do is hire a superintendent, and you’ve done it twice. What did you learn from those two experiences?

“Well, you’ve got to get the right fit because you’re looking at 250 or so employees (in) our district, so you’ve

What were you looking for to make sure the superintendent fit with Mena?

“We hired Benny Weston, and he was from Mt. Ida School District, which is similar in size, a little smaller but pretty similar in socioeconomics. After we interviewed him a couple of different times, he was the best fit. I think that had a lot to do with it, just because he was from a small school. He had a lot of experience. He had some experience from larger schools prior to that job, but I think that was probably the big factor that let us believe he was the right fit, the size of the school.”

A certain type of person will love a town like Mena, and a certain type of person maybe won’t, so do you have to …

“That’s one thing we looked at with him because we knew that he liked to hunt and fish, and he liked to be in the outdoors. There’s nothing wrong with living in the city, but somebody that has been from the city life probably wouldn’t be real interested in Mena because there are no shopping malls, there are no things that people do in the city. If we want to go to a mall or a big chain restaurant, we drive to Hot Springs or Little Rock or Fort Smith. It’s at least an hour-and-a-half to get to Fort Smith.

Hot Springs, Texarkana are about the equal distance from here, so I would say

someone from a big town probably wouldn’t be interested in Mena, Arkansas, for any length of time, anyway.”

There were trees everywhere, and it tore out probably 30 to 40 homes just a couple of blocks from here.”

that we didn’t have a building to go to because of the other school down south.”

You’ve hired superintendents twice.

How long were you on the board when you did it the first time?

“Mr. (John) Ponder was only here around a year after I got on the board, so we were looking for a new one right off the bat. (The year) ’07 was when I was on the board. I think he left after the ’08 year. And then we hired the next one.

“That was when we had the big tornado. (The building across the street) was our middle school building at that time, and it was not leveled, but it was destroyed. The whole roof was gone, and we had Hatfield school, which had just consolidated a few years prior. So we bused kids down there to Hatfield until we could get the new high school completed.”

Which school was leveled?

“Right across the street here. This used to be the middle school. It was built in the ‘40s, I believe. And we were still using that as our middle school at the time. Had plans of building the new school and all. I don’t think we had even started on that. But we had an empty school facility at Hatfield. … So 15 miles south of here, we had buildings that weren’t in great shape, but in a lot better shape than this one was, so we moved everything down there. I think we only missed a couple of days’ school through all that.”

So how did you all make that decision?

“We had to do something. We had to come up with a plan overnight, or pretty much the next day we knew what the plan was, so we started shuffling desks and chairs and everything down to Hatfield.”

So you had just joined the board, and a tornado …

“In April of ’09 we were sitting right here in a board meeting. This used to be a bank branch. There’s still a big vault back there, and most all the board members went and got in the vault. I live about 12 miles south of here, and I couldn’t get in touch with my wife, and she was home with my kids, so I jumped in my truck and flew to the house. When we came back the next day, you couldn’t even drive up and down Main Street.

What did you do? Did you all come up here and survey the damage and then figure out what to do next?

“We did. The following morning, I was dealing with some of my family.

My brother and his wife lost their home and pretty much everything they had. I was trying to deal with them. We had several board members that were here, though, walking around kind of evaluating, picking things up and just assessing the damage and all that along with the superintendent and some other staff from school. That was on a Tuesday night. Maybe the rest of that week we weren’t able to go to school. But it wasn’t a week. It was less than a week

You played tackle on the football team when you were a student. Did you start on both sides?

“I started on offense. I played most of the time on defense as well, but loved football. And then we’ve got two sons, the first one’s a freshman in college now. He played. He was our quarterback for the last few years. But we’re a big football family. My wife 10 years ago didn’t know hardly anything about football, and now she probably knows more than I do about it.”

The tackle has to keep driving forward, right?

“That’s right.”

Does that apply to being a school board member?

“It does, yeah. Keep pushing.”

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

Report Card March 2019 27

Marketplace

The latest news from Report Card’s advertisers

nabholz constructed a safe room for the Conway School District’s Theodore Jones Elementary School.

Nabholz can help districts construct safe rooms

Why are schools spending money on buildings they hope never to use?

Throughout the Midwest and Southeast, this is exactly what’s happening as schools prepare to protect students during severe weather events.

Many school districts are investing in safe rooms that can withstand tornadoes and other strong storms. These typically cost $1 to $2 million, or anywhere from $20 to $35 per square foot. Architects typically recommend allowing five to 10 square feet per student seeking shelter in the facility. For instance, a 5,000-squarefoot safe room would be able to shelter a maximum of 1,000 students. In typical conditions, it would take 10 months to construct this size facility.

Constructing a safe room that meets FEMA standards requires special building methods at every point. Nabholz has become an expert in safe room construction. With over 37 safe room projects under its belt, Nabholz’s construction experts can deliver safe room options customized for their district.

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Homeland Safety now licensed in Mississippi

Homeland Safety Systems, Inc. recently became licensed in Mississippi, providing the final member of the 28 March 2019 Report Card

tri-state Southern Region Leadership Conference with access to its expertise in the school security industry. The company thanks everyone who attended the ASBA Annual Conference in December, and especially those who visited its booth during the show. It has gained factory certification by Garrett Metal Detectors, and it has recently released its newly redesigned brochure.

Homeland Safety Systems, Inc. continues to provide free risk assessments to school districts throughout the Southern Region. It offers recommendations on improving physical security, as well as common safety tips that aren’t necessarily related to security. Some of these include remembering to lock doors where chemicals and utilities are accessed.

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

Beardsley now on national municipal advisors board

Scott Beardsley, executive managing director of Crews & Associates, has been elected to the National Association of Municipal Advisors (NAMA) board.

NAMA members specialize in providing advice on bond sales and other financial products used by state and local governments.

Beardsley directs the activities of the Capital Markets Group, which offers issuers underwriting, financial advisory and analytical services. He also leads First Security Beardsley, the Crews division that specializes in Arkansas municipal advisory services.

He has worked on more than 500 Arkansas school bond issues totaling more than $2 billion.

For more information, go to fsbeardsley.com.

Construction starts on Valley Springs school designed by Modus

A new facility for Valley Springs High School will begin construction this summer. Designed by Fayetteville architecture firm Modus Studio, the new two-story, 26,810-square-foot 9th-12th grade building includes 11 classrooms, a physics lab, biology lab, project lab, and computer lab. It also includes a rooftop outdoor classroom and other resources, all wrapped with innovative building materials and an abundance of natural lighting.

For more information about Modus Studio, call 479.455.5577 or go to modusstudio.com.

Crow Construction now a TIPS vendor, builds safe room

Crow Construction is now a TIPSawarded vendor using TIPS contract number #181101, job order contracting.

The company also recently completed a 2,800-square-foot FEMA safe room for Two Rivers Elementary School in January. The multi-use facility also serves as an elementary P.E. facility.

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

Stephens can help board members with finance training

As a reminder, Stephens can assist your board members with obtaining their required professional development hours. Arkansas law generally requires that school board members obtain up to six hours of certified professional development on topics related to school operations.

ASBA has deemed Stephens’ financial advisors as certified ASBA trainers who are able to provide up to three hours of school finance training annually toward ASBA’s Boardsmanship Awards Program. Normally held in the evening or on a weekend, this free training workshop will address topics ranging from state and local funding revenue sources to debt financing of capital projects. Stephens believes this type of workshop can be particularly useful if you and your board are considering how to finance future capital projects.

To learn more about how Stephens can assist your district, please contact Melissa Walsh of Stephens Public Finance at 501.377.2428.

Crafton Tull finishes renovation of LR Hall High’s Scott Field Crafton Tull was in charge of the renovation of Scott Field, located on the campus of Forest Heights STEM Academy in Little Rock. The facility is part of the Little Rock School District and serves as the home field for Hall High School.

The renovation included installing a new artificial turf playing surface and

track surface; renovating the existing press box, concession stands, and bleachers; and building a new entry plaza, spectator concourse, visitor’s bleachers, press box, and concession building.

Since the official ribbon cutting last fall, the new field has been host to major sporting events including football and track and field.

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

AdvancED hosts third annual STEM Summit in February

AdvancED|Measured Progress recently partnered with Arkansas STEM Coalition, Arkansas Out of School Network, and Arkansas Department of Career Education to host its third STEM Summit February 21-22.

The Dream Big event attracted 260 participants who learned about designing a high-quality curriculum, facilitating creativity in STEM classrooms, and bridging lessons beyond the classroom to make adult-world connections.

AdvancED conducts rigorous, on-site reviews of a variety of educational institutions and systems to ensure that all learners realize their full potential.

For more information, contact Kenny Pennington, regional director, at 888.413.3669 or at Kpennington@ advanc-ed.org.

C.R. Crawford, firm form partnership for millage campaigns

C.R. Crawford Construction has formed an alliance with NWA Brand to provide comprehensive millage campaign services to any school district in Arkansas that is considering asking patrons for a millage increase to generate funding for capital improvement programs.

Services provided by NWA Brand include early identification of key issues, organization of campaign meetings and

events, campaign branding, and social media strategy development. For more information, contact C.R. Crawford Construction at 479.957.2190.

Teacher pay Continued from page 15

days be devoted to providing direct and indirect student services. The previous requirement was 75 percent. Jordan said ASBA didn’t take a position but is concerned how schools will handle that 15 percent of administrative tasks previously done by counselors.

– Act 166, by Rep. Charlene Fite, RVan Buren, which increases the penalty for the unlawful passing of a stopped school bus to between $500 and $2,500.

Acting in reckless disregard for school bus passenger safety becomes a Class A misdemeanor.

– Act 171 by Rep. Brian Evans, R-Cabot, which allows active-duty military personnel who are transferred to a military base to submit a request to transfer their children to a new school at any time during the calendar year.

– Act 245 by Rep. Julie Mayberry, R-Hensley, which requires schools to teach bleeding control training in health courses to students in grades 9-12.

– Act 247 by Rep. Lee Johnson, RGreenwood, which allows students to use sunscreen without a parent’s written authorization, and allows school personnel to apply it without a parent’s permission.

– Act 251 by Rep. DeAnn Vaught, R-Horatio, which amends the Arkansas Teacher of the Year program to make eligible anyone involved in student contact more than 70 percent of their contracted time. It removes the prohibition against the Teacher of the Year award going to a guidance counselor or librarian.

– Act 288 by Fite, which allows law enforcement officers to stop drivers solely for using a cell phone in a school zone.

– Act 323 by Rep. Mary Bentley, RPerryville, which allows school districts to implement pre-employment drug screening and random drug screening of current employees.

Report Card March 2019 29

Commercial Affiliates

ASBA thanks its premier partners and other commercial affiliates for their support.

Premier Partners

Contact

Phone

Email

Website

AETN - Arkansas Ideas

Bryan Fields

800.488.6689

bfields@aetn.org

www.aetn.org

BXS Insurance

Bill Birch

501.614.1170

bill.birch@bxsi.com

bxsi.com

First Security Beardsley Public Finance

Scott Beardsley

501.978.6392

scott@fsbeardsley.com

fsbeardsley.com

Homeland Safety Systems, Inc.

Mike Elliott

318.221.8062

mike@hssems.com

homelandsafetysystems.com

Lifetouch National School Studios, Inc.

Patrick Hand

501.664.5550

phand@lifetouch.com

schools.lifetouch.com

Pro Benefits Group, Inc.

Gary Kandlbinder

501.321.0457

pbfsi@sbcglobal.net

www.pbfsi.com

Stephens Inc.

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

Contact Brian Jones

Phone 501.835.3111

Email brian.jones@adem.arkansas.gov

Website www.adem.arkansas.gov

ACE Sports

Mark Bridges

501.909.9173

Mark.Bridges@AceSports.com

www.acesports.com

All-Clean USA

Lisa Graham

870.972.7729

lgraham@allcleanusa.com

www.allcleanusa.com

ArCom Systems, Inc.

David Watson

501.225.4910

dwatson@arcomsys.com

www.arcomsys.com

Baldwin & Shell Construction Company

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.

Ben Higgs

501.375.1111

bhiggs@capbiz.com

www.capbiz.com

Chartwells

Joan Y. Thorne

214.471.0206

Joan.Thorne@compass-usa.com

chartwellsk12.com

Colonial Life

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

Price Lavender

903.255.0707

Price@DEWraps.com

DEWraps.com

Entegrity

Courtney Argo

800.700.1414

info@entegritypartners.com

www.entegritypartners.com

ESS

Julie Crum

870.239.6608

julie@subteachusa.com

www.subteachusa.com

EZ-ACCESS

Paul Dyer

800.258.8503

pdyer@ezaccess.com

www.ezaccess.com

Grasshopper Company

Ted Brown

620.345.8621

gov@grasshoppermower.com

grasshoppermower.com

Hight Jackson Associates

Liz Cox

479.464.4965

lcox@hjarch.com

www.hjarch.com

JBP Architects

Randall Palculict

501.664.8700

randy@jbparchitects.com

www.jbparchitects.com

Kelly Educational Staffing

Brandy Meisenheimer

816.517.5339

meisebr@kellyservices.com

www.kellyeducationalstaffing.us

Kinco Constructors

Clay Gordon

501.225.7606

cgordon@kinco.net

KincoConstructors.com

KLC Video Security

Bill King

903.792.7262

Billking.klc@gmail.com

www.klcvideosecurity.net

Lakeshore Learning Materials

Blake Stansbery

310.537.8600

bstansbery@lakeshorelearning.com

www.lakeshorelearning.com

Lexia Learning

Karen Love

978.405.6200

klove@lexialearning.com

www.lexialearning.com

McPherson & Jacobson, LLC

Thomas Jacobson

888.375.4814

mail@macnjake.com

www.macnjake.com

Mid-America Sports Construction

Chris Cox

816.524.0010

ccox@mid-americagolf.com

www.mid-americasportsconstruction.com

Midwest Bus Sales, Inc.

Paula Davis

479.474.2433

pcdavis@midwestbussales.com

www.midwestbussales.com

Modus Studio

Chris Lankford

479.455.5577

info@modusstudio.com

www.modusstudio.com

Musco Sports Lighting, LLC

Jeremy Lemons

501.249.8056

jeremy.lemons@musco.com

www.musco.com

Nabholz Construction Company

Jake Nabholz

501.217.5536

jake.nabholz@nabholz.com

www.nabholz.com

National Safety Shelters

Sarah-Jane Corrado

772.621.6141

sarah@nationalsafetyshelters.com

www.natonalsafetyshelters.com

Powers of Arkansas

Ron McCarty

501.350.5420

rmccarty@powersar.com

www.powersar.com

Single Parent Scholarship Fund of Pulaski County

Lori Lynch

501.301.7773

lorilynch.spsf@gmail.com

www.spsfpulaski.org

SFE - Southwest Foodservice Excellence

Vanessa Pressley

972.897.8425

vanessa.pressley@sfellc.org

www.sfellc.org

Southern Bleacher Company

Carla Herndon

940.549.0733

herndon@southernbleacher.com

www.southernbleacher.com

Trammell Piazza Law Firm, PLLC

Connie Straw

501.371.9903

connie@trammellpiazza.com

trammellpiazza.com

Tri-State Floors, Inc.

Dean Smith

918.343.2553

dean@tri-statefloors.com

www.tri-statefloors.com

Van Horn Construction, Inc.

Judy Scott

479.968.2514

jscott@vanhornconstruction.com

www.vanhornconstruction.com

ViewSonic

Alex Faris

909.444.8853

alex.faris@viewsonic.com

Virco, Inc.

Bruce Joyner

501.908.9461

brucejoyner@virco.com

www.virco.com

Witsell Evans Rasco Architects/Planners

Eldon Bock

501.374.5300

ebock@werarch.com

www.werarch.com

Wittenberg, Delony & Davidson Architects Glen Woodruff

501.376.6681

gwoodruff@wddarchitects.com

www.wddarchitects.com

Supporting Partners

Contact

Phone

Email

Website

Freedom Roofing Solutions, Inc.

Brian Kirk

501.796.2061

brian@freedomroofingsolutions.com

www.freedomroofingsolutions.com

Raymond James

David Fortenberry

501.671.1334

david.fortenberry@raymondjames.com www.raymondjames.com

NE-ARK Adjustment Co.

Mike Brigance

870.838.0097

neark@swbell.net

30 March 2019 Report Card

Accommodate reasonably

As Conway case showed, just because a parent calls it a service animal doesn’t make it so

Schools want to do everything they can to help students with a disability learn, but what if a parent’s demands aren’t in the best interests of all concerned, and yet they’re still willing to go to court to get what they want?

That’s a question the Conway School District had to answer when it decided to disallow a student’s request to bring a therapy dog to school.

The case involved a high school senior who made excellent grades, was a member of the marching band, and had no discipline issues. She even had skipped her junior year in order to graduate early. But her mother said she was suffering from anxiety and depression and requested a meeting to develop a plan under Section 504 of the U.S. Rehabilitation Act of 1973.

The district was willing to accommodate. In early August, it quickly assembled a 504 team before the school year started. It agreed to allow the student to leave class early to avoid crowded hallways, to see a nurse or counselor at any time, and to have the option of alternative seating if she became anxious. The mother even rejected some of the district’s other proposals, such as keeping medications in the nurse’s office and providing alternative locations during assemblies and lunch.

Then at a 504 review conference in October, the mother requested adding the dog to the 504 plan, and that’s where the district said no. It reasoned that the student had no problem accessing school offerings and was doing well in school academically and socially. The few anxiety attacks she’d had in school were not enough to justify the disruption caused by a dog offering limited benefits.

The mother sued on the grounds that the district had violated the Americans with Disabilities Act (ADA), and she sought an injunction. In that kind of hearing, she would have to prove she was likely to prevail and that the student

by Jay Bequette ASBA General Counsel likely would suffer irreparable harm in the meantime.

The district was ready with a legal response. The dog was a therapy animal providing emotional support, not a necessary service animal. The student had already shown she could function well in class without it. The dog’s presence could hinder other students; one classmate was allergic to dogs.

In Conway School District v. Pettus, a district court in January found the district hadn’t violated the ADA. It ruled the student’s anxiety attacks happen so infrequently that a full-time animal wasn’t necessary. In the meantime, the dog might be a hindrance to other students. The district’s excellent docu-

mentation was a huge help because it clearly showed how far it had gone to accommodate the student. Finally, the judge noted under case law that courts defer to educators because they are better situated to make decisions regarding the student environment. The mother has since dismissed the lawsuit.

Schools sometimes must make tough choices about disability claims. They want to make reasonable accommodations to serve all students because it’s the right thing to do and also because it can help them avoid a lawsuit.

But the definition of “reasonable” isn’t “whatever parents demand,” particularly if it comes at the expense of other students. For students who are blind, saying yes to a service animal is an easy call. But just because a parent calls an animal a “service animal” doesn’t make it so.

ASBA has an outstanding model policy regarding service animals.

Consider using it, consult with your lawyer, keep good documentation, and do your best for all concerned.

I can’t promise you’ll avoid a lawsuit.

But your chances significantly increase of winning in court. Conway did.

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www.crowconst.com Report Card March 2019 31

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CONSTRUCTION

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INDUSTRIAL

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CIVIL

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E N V I R O N M E N TA L

WE UPDATE LEARNING SPACES The old Greenbrier Junior High was in need of updating. Built in 1964, the space still had all its original plumbing, wiring, and more. Working with our client, Nabholz delivered an updated space with new administrative area, classrooms, labs, media center, and courtyard.

At Nabholz, the places that matter to you matter to us.

1.877.NABHOLZ | www.nabholz.com

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S P E C I A LT Y