September 2020 Report Card

Report Card September 2020 www.arsba.org

The Journal of the Arkansas School Boards Association

Welcome back Hot Springs Lakeside Superintendent Shawn Cook wears a mask, just as all students and teachers are required to wear, and stands next to a 270-gallon tote of hand sanitizer purchased from a local brewery. Like every other Arkansas educator, Cook is a COVID-19 rookie trying to educate students in an uncertain environment.

Be courageous and flexible

The Greenbrier School District’s July-August word of the month was “courage.” Everyone certainly has displayed that quality these past six months.

Sometimes, the scariest thing a person can do is step out of their comfort zone, but that’s exactly what students, staff and parents in Greenbrier and across Arkansas did in March. If I had told you in January that soon every school would immediately transition to off-site learning, and still manage to give almost half a million students a decent education, you would have said I was crazy. But great things can happen when people are courageous.

Now we’re starting another year, when our courage will be tested again.

At Greenbrier, we’re as prepared as we could have been. We released a seven-page letter to community members that spelled out our Re-Engagement Plan. I’m sure it is much like others

by Randy Goodnight ASBA President throughout Arkansas. Our details may differ, but we all have the same goals: to give our students a rich education while keeping them and our staff safe.

That means making commonsense changes that spread students out and reduce the chance for disease transmission, while also making sure school is still school. We’re still having recess, but we’re separating students by their homerooms and disinfecting the play-

ground equipment afterwards. We’re still welcoming parents who eat lunch with their children, but they’re doing it in designated outdoor areas.

Even though it’s not yet the word of the month, another important concept this year is flexibility. Students and teachers may have to turn on a dime if an infection strikes one of our campuses.

We’ll be prepared if that happens, too.

At some point, things will return to normal, or at least a new normal, and we’ll just do school again. When that happens, we’ll look back on this time knowing we gave our students a good education while also learning new techniques that will benefit everyone from now on.

We’ll also know we were more courageous and flexible than we maybe thought we were. Could there be a more important lesson to teach our students than that?

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Report Card

The Journal of the Arkansas School Boards Association

News and Features

7

8

Annual Conference likely will be virtual

This year’s ASBA Annual Conference either will be 100% virtual or a hybrid arrangement with some virtual and some in-person events.

What’s the school board’s role?

Now that the school year is starting, the school board should stay involved, communicate with the superintendent and the community, be flexible, and not overstep its bounds. In other words, its role is pretty much what it always is, except it’s all happening amidst a pandemic.

10 Newbies get first training online

Newly elected school board members didn’t have time to wait for the New Board Member Institute to occur in person, so ASBA hosted a webinar.

12 Districts must pay for new COVID leave

School districts must provide up to two weeks of paid leave – at their own expense – to employees infected with COVID-19 or quarantined, if they are caring for a family member, or if their child has no place else to go but home.

14 Murry: Budget carefully amidst uncertainty 18 Shawn Cook is superintendent of Hot Springs Lake-

side. His district asked parents to choose between on-site instruction, at-home learning, or a hybrid approach where they will spend part of the day at school and part at home. Families can change their arrangement after the school year begins. Students were assigned classrooms whether they were learning on-site or online, so teachers are teaching some students in person and others remotely.

Departments 2 5 5 6 22 28 30

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

4 September 2020 Report Card

Schools are receiving an infusion of federal funds and have extra flexibility regarding carryovers, but they still should budget carefully in an uncertain economy, said Dr. Greg Murry, Conway School District superintendent.

15 School boards must help stop bullying

When it comes to stopping student bullying of other students and school employees, school boards have the same role they do with other issues: set policies and ensure paid staff members do their jobs. Now that role has been further spelled out in the law.

18 Cover / Welcome back to school

Four days before schools were opening amidst the COVID-19 pandemic, most of the preparations at Hot Springs Lakeside had been made. It was time to welcome students back and hope they could stay.

24 Executive Session with Dr. Julea Garner

ASBA News and notes

will then forward the district’s input Regional meetings dents back to ASBA along with a list of those who participated. to be virtual, first The regional meetings will last two hours and will begin at 5:30 p.m. An will be Sept. 29 ASBA staff member will share with the ASBA’s annual regional meetings will be held virtually this year because of the COVID-19 pandemic and will begin Sept.

29.

Because the Arkansas Legislature is set to meet beginning in January, this year’s meetings will focus on the items or issues that are likely to arise during the session.

The meetings will occur virtually and will occur in two parts for a total of three hours of professional development credit.

Individual school boards will meet at their convenience to generate topics of concern and interest for the upcoming legislative session. Superintendents and board presidents will be sent materials and instructions with question prompts for those things ASBA would like to hear about from the members. The superinten-

entire group the input received from the districts and invite discussion from attendees.

There may also be time to discuss statewide current and relevant topics outside of the legislative process. ASBA will update the agenda as time progresses.

Meeting dates are as follows.

• Region 1: Monday, Oct. 5 • Region 2: Tuesday, Oct. 6 • Region 3: Monday, Oct. 8 • Region 4: Monday, Oct. 26 • Region 5: Tuesday, Oct. 13 • Region 6: Monday, Oct. 12 • Region 7: Tuesday, Oct. 27 • Region 8: Monday, Oct. 19 • Region 9: Thursday, Oct. 29 • Region 10: Thursday, Oct. 1 • Region 11: Tuesday, Oct. 20

• Region 12: Thursday, Oct. 15 • Region 13: Thursday, Oct. 22 • Region 14: Tuesday, Sept. 29 ASBA News and notes continued on page 7

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Report Card September 2020 5

Letter from the Executive Director

Report Card School board members and the

by Dr. Tony Prothro virtual environment The Journal of the Arkansas School Boards Association Vol. 13, Number 3

March marked a new chapter for Arkansas students as they began learning remotely or virtually. Many experienced new technology and a different learning environment. The same is true of many educators in their teaching and also their own professional development experiences. Workshops and other activities occurred online. It seems the virtual environment has become a requirement of all aspects of the school community. Even students’ parents were faced with and sometimes challenged by new technology and virtual learning.

School board members also have experienced this change. Many board meetings were held remotely – either through voice conferencing, online, or Zoom. Most professional development also changed to a virtual setting. ASBA already had a cadre of online courses for board members through AR-PBS. However, we quickly adapted our on-site conferences and workshops to a virtual format, mostly using Zoom meetings and Zoom webinars. Kristen Garner, ASBA staff attorney, has provided several opportunities in the areas of employee supervision, FMLA and other topics. School finance for board members is another workshop provided by Robyn Keene, a longtime school district chief financial officer and current Arkansas Association of Educational Administrators employee. In addition, ASBA conducted a widely attended and informative live Zoom workshop in early July to facilitate the conversation about returning to school.

ASBA also held traditional conferences on the Zoom platform including the ASBA/AAEA Joint Conference, the New Board Member Institute and the Administrative Assistants Workshop.

Although almost everyone (including me) would much rather have face-toface experiences, many board members have made favorable comments about their virtual experiences. I predict some 6 September 2020 Report Card

may want to continue live Zoom professional development in the postCOVID-19 world. The ease of obtaining professional development at home or office in the midst of busy work schedules may be a good alternative for some board members.

We do not know when a vaccine will be available. We also cannot know if schools will be open from one month to the next due to the unpredictable nature of the virus. I encourage board members to experience the new learning worlds of some students and teachers by experiencing virtual professional development.

This gives board members an opportunity to lead by example during this difficult time.

ASBA will continue to provide virtual training opportunities. The 14 fall regional meetings will be held using Zoom as the learning platform. The Annual Conference is being tentatively planned as a virtual conference depending on the status of the pandemic. Board members can also access some prior virtual conferences and workshops for professional development credit. The online virtual courses through AR-PBS have been expanded to include new topics. There will be other professional development opportunities between now and the end of the year. Depending on the pandemic, some may be traditional face-to-face workshops and conferences, while others will be virtual trainings.

Board members who have not already experienced the New Board Member Institute can view a pre-recorded version for credit. Board members also can contact Kathy Ivy at kivy@arsba.org for Student Safety, Discipline and Bullying training, a required course.

Please contact Dr. Anne Butcher at abutcher@arsba.org for all other training opportunities including individual district training.

We look forward to seeing you – maybe virtually.

September 2020

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: Randy Goodnight, Greenbrier President-elect: Rosa Bowman, Ashdown Vice President: Dr. Tad Margolis, Valley View Sec.-Treasurer: William Campbell, McGehee Past President: Neal Pendergrass, Mtn. Home 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: Nikki King, Pangburn 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: Jerry Daniels, Warren

Staff

Executive Director: Dr. Tony Prothro Board Development Director: Dr. Anne Butcher Governmental Relations Director: Dan Jordan Finance Director: Diana Woodward Communications and Technology Director: Sherri Fite Staff Attorney: Kristen Garner Policy Director: Lucas Harder Database Administrator: Kathy Ivy Commercial Affiliates/Board Liaison Manager: Angela Ellis TIPS-TAPS Project Manager: Mickey McFatridge General Counsel: Jay Bequette Risk Management Program & Workers’ Comp. Program: Shannon Moore, Director Krista Glover Dwayne McAnally Misty Thompson Amanda Blair Melody Tipton Tiffany Malone LaVerne Witherspoon Linda Collins Lisa Wigginton Kara Quinton

TO CONTACT THE MAGAZINE

Please contact Steve Brawner, Editor 501.847.7743; brawnersteve@mac.com Report Card is published quarterly by the Arkansas School Boards Association. Copyright 2020 by the Arkansas School Boards Association and Steve Brawner Communications. All rights reserved.

ASBA News and notes

Annual Conference likely will be virtual Hybrid approach possible as planners watch what happens with COVID-19 pandemic

This year’s ASBA Annual Conference either will be 100% virtual or a hybrid arrangement with some virtual and some in-person events.

Dr. Anne Butcher, ASBA board development director, said staff members are still planning the conference and still watching to see what happens with the COVID-19 pandemic.

ASBA can wait until somewhat close to the conference’s scheduled dates on Dec. 9-11 to make a decision. With few events being held by other organizations this year, venues should be available during that time period. If the usual Statehouse Convention Center site isn’t available, the Hot Springs Convention Center or another meeting site likely will be. One issue to consider: While fewer people would be attending than in an average year, they would need to be spaced farther apart.

“You’ve got to be able to pivot and think creatively and outside the box, and it may not be what you’ve been doing, but there’s almost always a solution if you think enough,” Butcher said.

A virtual or hybrid Annual Conference would be shorter and simpler than typical Annual Conferences because of online participants’ shorter attention spans and because of the hosting expense associated with large webinars.

A virtual Annual Conference would begin with the annual Delegate Assembly on Wednesday, Dec. 9. There would be no pre-conference breakout sessions.

The past two years have featured a “boot camp” for new board members. Instead, this year ASBA will make available to newly elected board members a recording of the New Board Member Institute, which was held virtually in June.

The agenda on Dec. 10 might include a keynote speaker in a general session followed by a choice of four or five breakout sessions. The after-lunch event could include a panel discussion on mental health issues. The panel might be followed by another breakout session offering the same four or five choices.

The agenda on Dec. 11 might feature a virtual legislative panel discussion that would be held at ASBA’s headquarters.

The board training room can serve as a makeshift studio. Butcher said someone who is “hot topic relevant” also will be asked to speak, and the governor will be invited to speak as always.

Another event that certainly will be part of the agenda is the student speaker contest. Butcher noted there is no shortage of topics for students to discuss this year. She has already lined up a sponsor, First Security Beardsley Public Finance, to cover this year’s cash awards.

While attendees in some cases can gather information online as well as they can in person, the virtual conference would lack the networking, camaraderie and face-to-face interaction with other school board members from across the state that are hallmarks of the event.

Moreover, certain aspects of the Annual Conference, such as the annual awards ceremony and the vendor hall, are difficult to duplicate. For both, ASBA will be learning from the experiences of the Arkansas Association of Educational Administrators. For its annual

conference, it ran a loop of slides with award winners and then presented the marquee awards in person. ASBA could do the same for its biggest awards, such as the Dr. Daniel L. Pilkinton Award and awards given to individuals who attain 500 hours of professional development.

Doing so would lack the element of surprise that helps make the Dr. Dan Award so special, but we are in a pandemic, after all. The AAEA also hosted a vendor hall where participants could visit with vendor representatives virtually. Such an arrangement could occur at ASBA’s Annual Conference.

Butcher noted that participants have grown more comfortable with virtual professional development courses.

When ASBA first offered the training virtually, some board members were not at all interested. During the first several trainings, she and ASBA Communications and Technology Director Sherri Fite answered many requests for help.

Eventually, school board members and administrators grew more accustomed.

During a training Aug. 10, Butcher didn’t receive a single email asking for assistance.

21

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Report Card September 2020 7

What’s the school board’s role?

As the new school year begins, school boards need to stay involved, communicate, and let the full-time staff do their jobs

Now that the school year is starting, the school board’s role is to stay involved, communicate with the superintendent and the community, be flexible, and not overstep its bounds.

In other words, it’s pretty much what it always is, the exception being that now it’s all happening amidst the COVID-19 pandemic.

Months ago, ASBA prepared a document, “Be the best school board member you can be,” to help districts plan for reopening school. Its principles still apply.

– Practice good governance.

– Support your superintendent.

– Unify your message. As ASBA Executive Director Dr. Tony Prothro explained in a training webinar for school board members July 2, “One of the worst things that can happen is the parents are hearing from so many different entities and they’re not getting the same message. When it comes from your school district, it should be one message.

Usually that comes through your chief administrator of your school where then everyone is on the same page giving information to your constituency.”

– Stay updated and educated on emergency mandates and important resources.

– Be flexible and willing to learn and adapt to new virtual meeting venues.

– Encourage your team.

– Ask questions. Emotions are high, and people want answers.

Flexibility will be key. In the webinar, Policy Director Lucas Harder said school board members will want to work as closely as possible with the superintendent to know the plan moving forward. ASBA has released a model resolution school boards can use that authorizes superintendents to act on their behalf to make policy changes. With that authority and the waivers provided by the Arkansas Department of Education, 8 September 2020 Report Card

COMMUNICATION IS KEY. ASBA Executive Director Dr. Tony Prothro helps conduct a webinar about school board members’ role in the COVID-19 pandemic.

ZOOM WEBINAR. Dan Jordan, ASBA governmental relations director, participates in a discussion about the school board’s role during the COVID-19 pandemic. Incoming Arkansas Association of Educational Administrators executive director Dr. Mike Hernandez is also pictured.

school districts should be able to react to the ever-changing situation.

During the webinar, Dan Jordan, ASBA governmental relations director, said school boards should consider who will audit their district’s purchases and who will ensure a supply chain exists for those items, such as disinfectants.

It’s unknown if supplies of personal protective equipment will meet demand.

School board members are in charge of passing their district’s budget, and there will be additional expenses this upcoming school year for many reasons. Those include the physical distancing requirements associated with COVID-19, including the need to reduce the number of students on buses. Staff may need to be added, or existing staff may need to be repurposed. Additional nurses and custodial staff may be required. Extra staff may be needed for social distancing, and the medically vulnerable could need extra accommodations. Additional

contract services may be needed. There could be a need for additional and ongoing professional development. Dr. Anne Butcher, ASBA board development director, said school districts may require more personnel to help young people catch up on unfinished learning.

Technology, of course, will be an ongoing expense. Districts will need to consider upgrades to reflect future needs, including more student devices and more hotspots, as well as district capacity upgrades. Sherri Fite, ASBA’s communications director, said districts need a strong technology team. They’ll need a replacement policy for damaged devices. If it’s a student’s fault, will the parents be responsible? And how will districts collect and distribute the devices in a way that keeps students and staff safe?

Jordan noted that all school districts received funding from the $2.2 trillion federal CARES Act signed into law in

March. The money can be spent in four areas: food security; direct student support and continuous learning opportunities; technology; and systemic procedures. Board members should know the total amount they received and how the district is investing those resources.

School districts must keep good records and ensure costs are coded properly to satisfy both auditors and patrons. Dr. Mike Hernandez, the incoming executive director of the Arkansas Association of Educational Administrators, noted the funds don’t have to be obligated until September 2022, so school districts shouldn’t be in a rush to spend it.

Direct employee concerns to staff Employees will face higher stress levels in this ever-changing environment.

Some will have legitimate concerns about their health. ASBA Staff Attorney Kristen Garner warned board members to respond the same way to staff members who approach them with CO-

VID-19 concerns as they would other concerns that might come up in a normal year. They should not try to solve their problems. Instead, direct them to the school administration, where concerns must be handled consistently and compassionately.

“The reason it has to be at the central office level is because we have to be careful, we have to be kind, but most importantly we have to be nondiscriminatory,” she said. “And the only way this can be done fairly and correctly would be if it is handled at the central office by a very small group of people, and that way you can have consistency across the district.”

Hernandez said the state’s Ready for Learning document includes a flow chart saying what actions to take if a positive case is detected within the district. Districts in that situation should immediately contact a hotline set up at the Department of Health specifically for schools, and then the department

will help them start the contact tracing process.

One concern school districts don’t have to worry about is being sued if someone contracts COVID-19. Garner said districts don’t want any staff members or students getting sick, but if they do, school districts have “extraordinarily robust tort immunity in Arkansas . … So there are a ton of things to worry about.

Litigation is probably not one of them.”

During the webinar, a school board member asked ASBA staff members about guidelines for separating board decisions and operational decisions in the age of COVID-19. How involved should the school board be?

Butcher said the situation is no different under COVID-19 than it would be in normal circumstances. School board members should know what’s going on without being involved in day-today decision-making. They should ask questions, including helpful “Have you thought about?” questions.

the home of the brave

Report Card September 2020 9

New Board Member Institute

TOUGH QUESTIONS. Dr. Greg Murry, Conway School District superintendent, explained basic school finance concepts and audit reports during a session at the New Board Member Institute June 22. The annual training for newly elected board members was held online this year because of the COVID-19 pandemic.

Newbies get first training online ASBA hosted its annual New Board Member Institute as a webinar because of COVID-19 Newly elected school board members didn’t have time to wait for the New Board Member Institute to occur in person, so ASBA hosted a webinar.

The annual event was originally scheduled for April and then rescheduled for September because of the COVID-19 pandemic. However, new board members were already having to make policy decisions without the benefit of this vital training, so ASBA decided to offer an online version. It covered much of the usual material, though it was a little shorter and lacked the face-to-face connections that are a hallmark of the training.

Eric White, Bentonville School Board president, offered an overview of school board governance. He said it was a year after he was first elected before he understood “how things flowed with the school board position” and how he could contribute. He told attendees that school boards serve as a community liaison, even though 10 September 2020 Report Card

many in the community don’t understand the role. Community members do see board meetings and online clips.

“I can’t stress enough that how you act as a board, how you arrive at decisions, how you resolve conflict – and there will always be conflict – but how you manage through those things will really be the message that goes out to the community about how effective you are in executing against the goal, the mission in spending the money that they’ve entrusted in you to spend,” he said.

He said school boards exist for student achievement, which should be their primary discussion topic. School board members should focus on results, not on process.

They can lend their professional expertise, but they shouldn’t try to fix problems because that’s the superintendent’s job.

As a general rule, a school board member should not be having more than one or two discussions a week with their superintendent, and they should not have their superintendent on “speed dial.” Last year, a Bentonville school bus skidded off the road. No one was hurt, and board members received a text informing them what

happened. White said the natural response would be to reply with questions, but the superintendent had more immediate things to worry about.

He warned school board members to be careful about their social media activities, saying, “You can’t win.” That doesn’t mean school board members don’t have constitutional rights, that the district can’t communicate, and that incorrect information can’t be refuted. But any social media comment by a school board member, even if it’s prefaced with an insistence that it’s only a personal opinion, reflects on the school district and could affect students.

Attendees also heard a legal presentation by Jay Bequette, ASBA’s general counsel, regarding the state’s Freedom of Information Act (FOIA) and ethics issues.

Passed in 1967, the state’s FOIA is one of the nation’s broadest, with fewer exemptions than other states and a strong inference both in the law and in court decisions that records must be transparent. Bequette said FOIA requests have grown substantially during his 30 years in practice. Some larger districts have a staff member whose job duties include respond-

ing to requests. Districts frequently get broad requests asking for information such as “all emails between these four people for the last two years.” Such requests can take a lot of time because the district must review the emails for exemptions that must be redacted.

Bequette warned attendees that a school district can be sued for things discussed during executive session, even if those discussions legally comply with the Freedom of Information Act. Board members can be compelled in a legal proceeding to testify about what was said. Two current lawsuits involve discussions by board members in executive session regarding the termination of a superintendent and the failure to hire the most qualified applicant.

Bequette said board members can take a straw poll in executive session, but the official vote must occur in public. School boards can face “dire consequences” for assuming their executive session vote had legal standing. One district years ago specified in its superintendent’s contract that it could terminate him for any reason

by Jan. 31. The board did vote to terminate on Jan. 31 in executive session but failed to take an open public vote. The superintendent’s attorney pointed out the mistake on Feb. 1. Then the board’s attorney tried to conjure up reasons for the nonrenewal.

After the board terminated for cause, the superintendent sued the district and received basically all the money he was entitled to receive under the contract.

Bequette said school board members should not take written notes, make recordings, or later discuss what was

said in executive session. In response to an attendee’s question, he said anyone who believes fellow board members are discussing inappropriate topics should explain their concerns, excuse themselves and return to the open meeting without stating a reason. Hopefully the explanation will change the board’s behavior.

Bequette said school boards don’t need to undertake what he called the “spring rehire ritual.” School boards historically have rehired the superintendent in January, the administrative team in February, the teachers in March and the classified staff in April. The Teacher Fair Dismissal Act passed in the 1980s and the later Public School Employee Fair Hearing Act for classified staff provide for automatic renewals unless the superintendent recommends otherwise. Only superintendents and assistant superintendents must be renewed because they are not covered by the Teacher Fair Dismissal Act. Bequette recommended against the traditional “mass renewal.” In fact, there are examples where a board renewed everyone’s contract while administrators were gathering documentation in order to not renew a particular staff member. When that happens, the board must rescind the employee’s first renewal.

“So it’s time to retire the spring re-hire ritual,” Bequette said.

An attendee asked about school board members who have a spouse working for the district. ASBA Staff Attorney Kristen Garner said school board members can participate if the issue affects “the common herd” – for example, a salary increase

for all teachers. If the spouse is the only person or one of the few being considered, Garner said board members should declare a conflict of interest and physically remove themselves from the meeting. Failure to do so can harm their relationships with other board members “It’s a very transactional relationship with deposits and withdrawals, and you want to make sure you’re not inadvertently making a withdrawal by ignoring a conflict of interest,” she said.

Dr. Greg Murry, Conway School District superintendent, said board members will be presented many numbers and should focus on the most important ones – the most important being the unrestricted legal ending balance. If it’s been falling, the state can take over the district. Another number to watch is the overall FTE, or full-time equivalency. “You buy a teacher, you buy them for life,” he warned, so a shrinking district should be careful about hiring staff. In most districts, staffing is 80% of the budget. Other numbers to monitor are the overall ending balance, the student average daily membership, and the district’s assessed value. He told them that “A number is meaningless in isolation.” It has to be compared to trend data.

He told attendees that a budget is a plan that reflects the organization’s values and culture, “Because ultimately we spend our time and our money on what we value.”

He said board members should make decisions that are in the best interests of students, not adults.

“What do we value the most? Well, it’s our students,” he said.

Archer Learning Center, Springdale

Report Card September 2020 11

Districts must pay for new federal leave Families First act provides two weeks of paid leave for the infected, the quarantined and those caring for others, but it’s an unfunded mandate

Thanks to a federal law passed this year, school districts must provide up to two weeks of paid leave – at their own expense – to employees infected with COVID-19 or quarantined, if they are caring for a family member, or if their child has no place else to go but home. Meanwhile, school employees are eligible for a newly created state leave with more restrictions and more stringent paperwork requirements.

The various scenarios were described

by ASBA Staff Attorney Kristen Garner during a webinar, “COVID-19 for School Leaders,” that was held three times in August.

School employees are eligible for various sources of federal leave thanks to the Families First Coronavirus Response Act (FFCRA).

Under the FFCRA’s Emergency Paid Sick Leave Act (EPSLA), a full-time employee is eligible for up to 80 hours or two weeks of paid leave if they: – Are subject to a government quarantine order – Were advised by a healthcare provider to self-quarantine – Are experiencing COVID-19 symptoms and seeking a medical diagnosis – Are caring for a person subject to a quarantine order or advised by a healthcare provider to self-quarantine Under the FFCRA’s EPSLA and also its Emergency Family and Medical Leave Expansion Act, full-time employees are eligible for up to 12 weeks of leave if they are caring for a child whose school or place of care is closed or unavailable because of COVID-19. The employee is eligible for two-thirds pay at a maximum of $12,000.

The law includes a sixth category for those who are experiencing a situation that is substantially similar to one of the other five. Garner said that provision is a placeholder for future unforeseen situations.

12 September 2020 Report Card

ANSWERS ABOUT LEAVE. ASBA Staff Attorney Kristen Garner discusses the federal Families First Coronavirus Response Act during a webinar, “COVID-19 for School Leaders,” held Aug. 10.

The law applies to full-time and parttime employees. A part-time employee is eligible for paid leave equal to two of their average work weeks, Garner said.

Employees who are quarantined or experiencing symptoms and seeking a diagnosis are eligible for their own daily rate of pay not to exceed $511 a day, which would mean full pay for all but the top administrators at larger school districts.

Employees who take leave under the FFCRA to care for an individual stricken with the disease, or a child whose school or daycare has been closed, are eligible for two-thirds of their pay, capped at $200 per day.

In addition to those types of leave, employees may be eligible for regular Family and Medical Leave Act (FMLA) leave and their own accumulated sick leave. There’s also leave that possibly could be granted as an Americans with Disabilities Act accommodation.

Also, in August, Gov. Asa Hutchinson announced the creation of school employee COVID-19 emergency leave.

Ten days of leave, or nine in four-daya-week districts – are available for individuals who have a positive COVID-19 test, are experiencing symptoms and are seeking a diagnosis, or have had a close contact or probable close contact with a person infected with the disease and have been quarantined by the district.

The provision does not provide leave

for employees with child-care issues.

Coupled with the federal leave, an employee potentially could have four weeks of paid leave without using their personal sick leave.

Unfunded mandate The new types of federal sick leave are an unfunded mandate, meaning schools will pay the full amount. Meanwhile, private employees can offset the costs with a payroll tax credit. The federal leave should be applied more liberally than regular sick leave and regular FMLA leave. There are no official Department of Labor forms for employees seeking to access these special kinds of leave.

The new Arkansas-based leave, meanwhile, is more restrictive and requires strict documentation after the fact, which means a district can’t be certain the state will cover the leave at the time it’s granted. That means the district may have to re-code the leave as federal leave if available, or dock the employee.

Another challenge related to the new law: The federal law says it must be used first, while the state says the employee can choose.

The laws don’t cover employees who are worried about catching the disease, worried about a family member at home, or waiting on someone else’s test results.

If a person is unsure of their exposure, they should contact their healthcare

provider. Garner said school personnel should not make health care decisions because they are not health care providers. If the employee can do their work from home while they’re waiting, none of this applies.

Garner said there are nine situations for which school districts should be prepared.

• First, an employee is sick or injured as usual. In that case, regular sick leave applies based on a district’s policy definitions. Now is a good time for districts to review those.

• Second, an individual is subject to a government quarantine order. This probably would be issued by the Health Department and would be related to a school or community outbreak. If the individual can work from home and meet the needs of the district, they can do so without taking leave. Garner strongly encouraged districts to decide beforehand which jobs can be done remotely.

Some jobs, such as bookkeeping, can be, while other jobs, such as a high school secretary, cannot.

“This is based on the needs of the district, not the desire or needs of the employee,” she said.

• Third, the individual is advised by a health care provider to selfquarantine. The district should ask for documentation and send the employee paperwork that includes a statement that providing false information could be grounds for termination or disci-

pline. The district should decide in the employee’s favor when in doubt. If the employee can work from home, they should do so and won’t have to take leave. There is no Arkansas COVID-19 leave for this situation.

• Fourth, the employee is experiencing COVID-19 symptoms and is seeking a medical diagnosis. The employee must seek a diagnosis and should not come to the office. If they can work from home, they should do so. Arkansas COVID-19 leave is available in this circumstance.

• Fifth, the employee is caring for a person subject to a quarantine order or advised by a health care provider to self-quarantine. The new legislation allows for a more liberal definition of “family” than under the regular Family and Medical Leave Act. It provides leave for caring for nonmarried life partners, adult children, adult siblings, parents-in-law and others. As in other cases, if the employee can work from home and meet the district’s needs, they should do so. The employee is eligible only for EPSLEA, and there is no Arkansas COVID-19 benefit.

• Sixth, the employee is caring for a child whose school or daycare has closed because of COVID-19, or whose regular care provider, such as the employee’s mother-in-law, is unavailable. Both the ESPLA and EFMLEA can apply so that the employee gets up to 12 weeks of paid leave. Garner

said the new leave applies only when a person has lost their available childcare involuntarily, not when the employee is simply making another choice for their child such as schooling from home.

Districts should monitor if the childcare situation improves – for example, the closed daycare reopens or the mother-inlaw becomes available again.

Garner warned against expanding sick leave.

“The easier you make it for people to take sick leave, the more sick leave they take,” she said. “The more sick leave that instructional employees take, the worse things are for kids because we all know that children don’t learn as much or do as well when a substitute is teaching them as when a licensed teacher is teaching them. So I am not a fan of liberalizing sick leave so it’s nothing more than paid time off.”

• Seventh, the employee is worried they will get sick. Garner said that’s not an irrational concern because many people have conditions that make them especially vulnerable to COVID-19.

Districts should be compassionate, they should express sympathy, but they also should insist on medical documentation to determine if the employee qualifies for an Americans with Disabilities Act accommodation. The employee is eligible for regular FMLA and sick leave.

Garner said if an employee approaches with a health care concern, the district

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Report Card September 2020 13

Murry: Budget carefully amidst uncertainty

Schools are receiving an infusion of federal funds and have extra flexibility regarding carryovers, but they still should budget carefully in an uncertain economy, said Dr. Greg Murry, Conway School District superintendent.

Murry was a presenter at this year’s ASBA-AAEA Joint Conference, which was held online.

Arkansas’ Division of Elementary and Secondary Education received almost Murry $129 million in federal Elementary and Secondary School Emergency Relief (ESSER) funds. ESSER was part of the $2.2 trillion Coronavirus Aid, Relief, and Economic Security (CARES) Act passed

by Congress in March. Congress set aside $13.2 billion for ESSER. The money can be spent in four areas that are a direct result of the virus:

food security; direct student support and continuous learning opportunities; technology; and systemic procedures such as cleaning and sanitation.

Districts normally are allowed to carry over 15% in federal Title I funds and 20% in federal funds overall. They can carry over greater amounts this year, but they have to request a waiver. They can carry over more than the standard 15% in state categorical funds. They also can carry over more than the 20% normally allowed in their operating fund balance.

But districts that see a one-year increase in their balance should be careful about making multi-year commitments such as hiring people, increasing salaries, or making unusual purchases, Murry said.

“I think you’re going to need to say no a whole lot of times because you’ve got to keep your district financially solvent, and for that to happen, we have to have the courage to be able to say no,” he said.

Murry warned attendees to be extra conservative with their budgets because property tax collections likely will be affected by the economy. The big hit could come in October, when property taxes paid by patrons will be lower because of lost jobs. School districts should assume the worst for the next year.

“What is your plan if the economy continues to suffer?” he asked the webinar participants. “You need to be thoughtful about your budgeting process and what’s your plan and have a plan B and perhaps even have a plan C related to how we’re going to move forward financially.”

Because the money doesn’t have to be obligated until September 30, 2022, school districts should think ahead to what their future needs will be, Murry said.

Murry encouraged attendees to keep good records, code expenditures correctly, and be able to justify expenditures to auditors and patrons.

should ask for medical documentation but make no promises on the front end.

Districts should not answer the employee’s request in the moment but instead should consider their answer after possibly getting legal advice, speaking to the employee’s supervisor, and doing the math. Perhaps the district financially would be better off letting them work from home. Districts should not ask employees if they have any health concerns beforehand, and they should not proactively tell employees they might need an accommodation.

“Ultimately, it is not your decision whether somebody qualifies for FMLA,” Garner explained. “It is their health care provider’s decision. And we’re not health care providers, so we are not going to argue with health care providers.”

Garner pointed out that FMLA only provides 12 weeks of job protection, so if an employee is merely worried about catching the disease, they’ll lose coverage by November 1. At that point, the COVID-19 pandemic likely still will be occurring.

“FMLA is a bad fit for an employee who is permanently vulnerable,” she said.

• Eighth, the employee is worried they’ll get sick and make a vulnerable loved one sick. Again, Garner said the district should be compassionate, but its needs come first because there is no legal protection for people who are worried about others. The employee can take advantage of the regular Family and Medical Leave Act, but that’s only for 12 weeks. Also, the Americans with Disabilities Act does not apply to family members, and neither does the Arkansas emergency leave. “‘I’m worried about someone else.’

You’ve got nothing for that,” she said.

• Ninth, the employee is waiting on someone else’s test results to see what their next steps are. The employee should call their health care professional for advice and then contact the district.

In the meantime, they should remain at home.

Garner noted that many school employees are uncomfortable about returning to school. The good news for school

districts in Arkansas is that they have very strong tort and qualified immunity from lawsuits. Moreover, it’s nearly impossible to prove where an employee caught a disease.

“As the law stands today, there is almost no chance of a successful lawsuit claiming a school district or other state government entity acted negligently, and as a result people contracted COVID-19,” she said.

Also, it would be difficult for a staff member to prevail on a worker’s compensation claim, for the same reason that it would be difficult to prove that they contracted the disease at school. Also, worker’s comp specifically excludes “ordinary diseases of life.”

If an employee wants to make a claim, Garner said district employees should give them the forms and let someone else make the decision. It’s not their job to say no.

Garner reminded participants that there have always been circumstances where people with health issues have been unable to continue working in a school setting.

14 September 2020 Report Card

School boards must help stop bullying It’s not just the right thing to do, but it’s also required under new and previous laws

When it comes to stopping student bullying of other students and school employees, school boards have the same role they do with other issues: set policies and ensure paid staff members do their jobs.

Now that role has been further spelled out in the law.

Under Act 1029 of 2019 by Rep. Jimmy Gazaway, R-Paragould, along with previous legislation, school boards shall adopt policies to prevent bullying, superintendents shall annually report data regarding discipline issues, and school principals and their designees shall report, investigate and respond to bullying incidents. Arkansas previously enacted public school anti-bullying legislation in 2003 and a cyberbullying law in 2011.

Last year’s Student Safety, Discipline and Bullying Act also says school board members must be trained once regarding bullying issues, and school personnel must receive two hours of professional development in preventing bullying and recognizing the relationship between bullying and suicide risk.

ASBA’s model policy service says all board members elected during or before 2019 must receive the training by Dec. 31 of this year, while those elected afterwards will receive it as part of their initial required training.

Dr. Anne Butcher, board development director, provided that training to about 300 participants during a webinar in August.

Under this most recent law and previous laws enacted by the Legislature, school boards must adopt policies that prohibit bullying, including cyberbullying, whether or not it occurs on school property and with school equipment. Information defining bullying and explaining the consequences must be provided annually to parents and legal guardians, students, school volunteers and employees. Policies must describe the procedures for reporting a bullying incident and the steps school employees must take when addressing an alleged incident. Policies must appear in any publication that sets the district’s rules and standards, and in any student handbook. School districts shall annually review their bullying policies and provide training to employees.

Butcher said the law makes specific changes to the role of principals and their designees. In the past, the district was required to promptly investigate reports of bullying, make a record and take any necessary action. Now, if there is an alleged bullying incident, they must report the incident to the alleged victim’s parent or guardian, prepare a written report as soon as is reasonably practicable, and complete an investigation as soon as possible and no later than five school days from the date of the written report. The parent or legal

guardian of the perpetrator is to be notified upon completion of the investigation and told of the consequences of continued acts of bullying. ASBA’s model policy service adds that the victim’s caretaker also should be notified. A written report of the investigation must be completed, and the availability of counseling and other interventions must be discussed with the students involved.

The new law requires superintendents to annually report to the school board data regarding student discipline, the number of bullying incidents that occur, and the actions taken in response – without providing names.

The act defines bullying broadly, saying it includes any “intentional harassment, intimidation, humiliation, ridicule, defamation, or threat or incitement of violence” against another student or staff member that “may address an attribute.” It applies to acts that cause actual or reasonably foreseeable harm to the victim, cause substantial interference with the student’s education or the employee’s educational role, or create a hostile environment or interfere with the school’s orderly operation. It includes written, verbal, electronic, or physical acts.

Butcher said bullying victims, witnesses of bullying and the bullies themselves suffer adverse impacts. Victims can feel depression and anxiety, suffer from health issues, have decreased academic achievement, and retaliate in extreme cases.

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Report Card September 2020 15

TRANSITIONING FROM STATE CONTROL, ADAPTING TO NEW LEARNING, AND INTRODUCING A FIRST-IN-A-HALF-CENTURY HIGH SCHOOL Superintendent Mike Poore on Transforming Little Rock School District

Like many school districts around the state, Little Rock’s has adapted to pandemic challenges with dexterity by delivering education, dispensing technology tools, food, and other support to its 23,000 students since their March 13 school closings.

Unique to the Little Rock School District, however, is another coinciding shock to the system. Under control of the state Board of Education since 2015, the district this year is rounding the final turn in its transition to local control. This fall, a newly elected school board will, with some limitations, take the helm from the state.

Mike Poore, Superintendent of the Little Rock School District

Meanwhile, the district opened doors in August to its first newly built high school in more than a half-century, Little Rock Southwest High. Its 400,000 square feet of state-of-the-art academic and athletic facilities will not only serve some 2,200 students but also serve as a symbol of a transforming district.

Superintendent Mike Poore, appointed by the state to the position in June 2016, is architect of the makeover. He is a veteran of similar circumstances, having led a district in Colorado off the state’s academic watch list in only two years.

Before taking the job in the state’s capital, he was superintendent of the Bentonville School District.

Poore offers insights on moving out from under state control, solutions the district has found to COVID-19-related challenges, and the financial maneuvering it took to make Southwest High and other improvements throughout the district a reality.

What lessons can you impart from the process of transitioning the district from state control?

I really think we have created a partnership [with the State Department of Education]. It is not them telling us what to do. It is us all together at the table figuring out what strategies we want to use to impact achievement, to impact professionalism, and to use our staff in the most

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thorough way. The past two years have been collaborative, and the focus is on supporting staff so that they can impact student achievement.

The other thing I will give the state a great deal of credit for is exit criteria for the Little Rock School District. The exit criteria no longer says here is what you have to do with test scores, or you have to move this many schools out of “F” category, or you have to have this percentage of kids be proficient. Instead, it says here are four foundational pieces that you have to show you are doing and doing well, and if you are doing that then we are going to give you back control.

What are the exit criteria for getting out of state control?

What I like is that these foundational pieces are not controversial. This is just what good, scientific, research-based practice is in education. Such as, are you handling literacy?

Are you doing the Science of Reading? Are you doing it or not? And there are all sorts of checkpoints, such as training elements, the resources purchased, what we have done to support learners who are struggling …

The second part asks us what are we doing to create a collaborative environment in the district. Have you moved forward on professional learning communities or highreliability schools? How have you made that part of your culture? How can you prove that? We were on our way already to doing that when I first arrived, but now we are so much better at it.

The third piece is a monitoring piece that deals with not only the evaluation of staff and the monitoring of instruction but making sure to capture what is great practice. That helps us when something is not going right that we can offer the right professional development.

The final piece is utilizing the resources provided by the community in an effective way. We had systems such as the financial system and the student information system that did not tie into the state’s. There were a lot of things that Little Rock did independently of everyone else, so we had to get all of our systems in place to make sure that you manage and utilize resources, and so you can partner more effectively with the state.

The district is offering both in-school and virtual learning options this fall, and so far nearly half have opted for the online option. How will the virtual learning taking place this school year compare to the virtual learning from the end of last school year?

We basically survived in the spring—and that is just being real—but the work we have done since then is very encouraging. We are shifting from a product that was basically engineered from a learning management system where the kids interacted with the system and then the teacher sometimes supported them as they needed it. Parents had to be very hands-on to support their student, and it became time-intensive for them.

The new learning management system, called Schoology, puts the teacher back in the forefront of delivering the instruction and also utilizes different tools such as Google [programs].

We have also done really good work toward really understanding what the essential standards are and where our kids are at this given time. From March 13 to the end of the school year, kids stayed stagnant or may have lost ground. So we had to make sure that we understood where kids are going to be and how we were going to get them back onto grade-level work. A group of educators did some incredible work in June to revise what those standards look like and set up what the pacing will be as we begin the school year to really move kids forward so that they get that growth in the academic year.

we thought we were behind in our tools for our educators. We needed to get away from desktops and provide teachers laptops so that they can be mobile, either working from home or working in the classroom. We bought more than 2,000 laptops and docking stations to have teachers better prepared to not only deliver virtual instruction but really be able to do instruction in the classroom that can be blended with resources that can be accessed online.

We also ordered 2,500 hotspots to complement the 500 that the state announced [in early August], giving Little Rock School District 3,000. We are also partnering with the City and the Chamber of Commerce to find additional hotspots so that families have multiple options if they run into any kind of broadband or data issues.

The district has been able to save on these new broadband costs by banding together with other districts. How did this come about?

The person who initiated this conversation was the new superintendent in Fort Smith, Dr. Doug Brubaker. They were a bit ahead of the game to realize that if we all work together, we can make [the providers] give us a better price. We have purchase power, and the companies bid against each other. …continued on page 29

What are some of the solutions the district has found for the more daunting operational or safety challenges caused by the pandemic?

Leigh Ann Biernat Senior Vice President leighann.biernat@stephens.com 501-377-6316

One of the things that I am proud of that we did last spring was getting, when it was all said and done, 13,000 devices in kids’ hands. We told our families if you need a device, we are going to get it to you. With our learning management product, we could track if a kid was going on and, if not, find if it was not necessarily just a kid problem. It could be a function of not having a hotspot or not having a level of support at the home to make sure that it is happening.

Jack Truemper Senior Vice President jtruemper@stephens.com 501-377-6315

How has the district invested in technology to ensure students’ access to virtual learning?

We have had to purchase additional devices for kids, probably another 2,500 Chromebooks since the pandemic. Also,

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Cover / Welcome back to school

READY TO FACE COVID. Kelly Orr, a high school nurse at the Hot Springs Lakeside School District, will be Lakeside’s point of contact this year for all COVID-19-related issues. In fact, the district is hiring another nurse so she can concentrate on COVID full-time.

Welcome back to school At Hot Springs Lakeside and at districts across Arkansas, school leaders reopened their doors to their students – and an uncertain future.

By Steve Brawner Editor

Four days before schools were opening amidst the COVID-19 pandemic, most of the preparations at Hot Springs Lakeside had been made. It was time to welcome students back and hope they could stay.

The district had decided to require students of all ages to wear masks, procured more than 400 gallons of hand sanitizer, and assigned a nurse to COVID-19 duties full time.

And it had set flexible policies that would ask parents to choose on-site or 18 September 2020 Report Card

at-home instruction, but allow them to change during the semester after discussing it with their schools. Students were assigned a classroom whether they were learning on-site or online, so teachers will be teaching some students in person and others remotely, with the makeup possibly changing throughout the semester.

Lakeside has tried other ways to make the choices as easy as possible for families. Core primary and intermediate classes are clustered in the morning so parents can take their children out of class at lunch and continue their education at home. High school classes aren’t clustered, but students will be able to take some in person and some at home. Superintendent Shawn Cook estimated that 40% of his students would be on-site full time, 20% would be full-time virtual learners, and 40% would use some kind of hybrid schedule.

He was blunt in explaining the district’s flexible approach while speaking at the

annual ASBA-AAEA Joint Conference, which was held online June 24 because of the pandemic. He told attendees that districts must be ready to “pivot on a dime.” Regardless of their best-laid plans, it won’t take much of an outbreak, fueled by social media and rumors, for parents to start pulling their children out of school.

“Let’s just say we start back with 80 percent of our students, and we’re in week one,” he said at the conference. “One student – one student – in Arkansas gets COVID and passes away. It’s a gamechanger. All of a sudden, instead of having 80 percent at school, we’ve got 90 percent at home.”

These new arrangements are asking a lot of the district’s 300 teachers, who already have had to pivot on a dime once before, in March, when Gov. Asa Hutchinson closed schools for the spring. But the district is trying to work with them. If teachers are quarantined, they can teach

from home via Zoom, with pay, with a substitute brought into the classroom to monitor the students. Employees who don’t feel comfortable coming to school can stay home for the year. They won’t be paid, but their jobs will be secure. Cook said only one teacher had chosen not to teach this year.

Cook said he told teachers in smallgroup meetings that heroes emerge in challenging times like wars and depressions. “This is really your opportunity to be a hero. Our kids need you,” he said he told them, adding, “The light’s going to shine the brightest in the darkest time.”

Lakeside also is asking much of its parents. They are expected to self-screen their children, take their temperature, and bring a form to school certifying they are well each day. Parents will be contacted if their children don’t have the form, but the students will go to class as long as they don’t have a fever. Parents who could drive their children to school were being asked to do so rather than sending them on the bus. On Aug. 21, the Friday before schools were to open, the district released a video to the community where Cook said, “We need to have forgiveness for one another. We need to give each other the benefit of the doubt and realize we’re going to make mistakes and realize … this is our first time to deal with COVID-19 with kids present at school. So we’re going to be figuring things out as we go. I’ve told some people it’s kind of like building an airplane while you’re flying it.”

Much will be asked of students as well.

The district is requiring every student to wear a mask except those who can’t for some reason, though they can take mask breaks if they are six feet apart. The district bought 500 lanyards for students to wear around their necks so they’re less likely to misplace their masks, as Cook found he was doing. To help protect students and reduce crowding in the halls, the district had increased the time between classes to 10 minutes. When the first bell rings, half the students will leave and go to their next class. Five minutes later, the second bell will ring.

Lakeside was about as prepared as it could have been for last school year’s closure. Years ago, Cook participated in a leadership course where a speaker said schools must provide parents options or someone else will. It received a School of Innovation waiver from the Department of Education and three years ago began

“

Let’s just say we start back with 80 percent of our students, and we’re in week one. One student – one student – in Arkansas gets COVID and passes away. It’s a game-changer. All of a sudden, instead of having 80 percent at school, we’ve got 90 percent at home.

— Shawn Cook, Lakeside superintendent

”

letting students come to school at their convenience and then pivot to off-site instruction. About 130 students in grades K-7 were taking advantage of the program before the virus struck. Another 25 high school students took classes parttime through Florida Virtual School. The waiver allowed one student whose parents traveled working with racehorses to stay with them when they were out of town and then return to the classroom when the family returned home.

To make these options possible, Lakeside’s school board had approved spending almost $1 million on digital devices, so students already had the technology they needed when schools across Arkansas shut down in March. Teachers had been trained in using the Zoom internet platform, so they were ready, too.

Meanwhile, the district had been beefing up its school nursing staff. Cook said when he became superintendent in 2004, there was one registered nurse for the entire district. Now every school has a nurse. This year, high school nurse Kelly Orr is serving as the district’s COVID

point of contact and will be focusing on the pandemic full time. She’ll be available 24-7, so the district is paying her for an extra hour per night and then additional pay when she receives her first call. An extra nurse has been hired to take over high school nursing duties this year.

The district also made changes to its sanitation and cleaning procedures. Custodial staff by day will clean high-touch areas like doorknobs and handrails, and additional fogging and custodial work will be done at night. Maintenance and transportation employee David Glapion was assigned full-time fogging duties and will be making sure buses are disinfected.

The Thursday before school started, he was ready.

“I love my job,” he said. “I’m up for any task. I love Lakeside. I’ve been here 20 years, and anything I can do to protect Lakeside and the students, I tackle them head-on.”

Cook told the Joint Conference that principals and teachers were collaborating more during the pandemic than they ever

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Report Card September 2020 19

Cover / Welcome back to school had previously. He said it was exciting to watch the instruction online in the spring.

The district’s theme is “Lakeside is on.”

Moreover, the district is more engaged with the community than it’s ever been before. When instruction moved off site in March, most students had home access to broadband, but about 200 didn’t. For them, Resort Cable is charging only a $25 monthly fee per household. As of late July, more than 99% of the district’s students had broadband access. A local brewery, Crystal Ridge Distillery, sold the district a tote of hand sanitizer – 270 gallons – at $28 per gallon. The district previously had bought 150 gallons from the brewery at $50 each.

Many not sure about PPE The Arkansas Department of Education surveyed 260 districts and openenrollment charter schools regarding their preparation for the coming year. Districts could change their responses as they became more prepared for schools to reopen.

Cook found himself answering “not sure” on several of the questions. Hand sanitizer will be available in every classroom, but does the district have enough? It depends on how much students use. The district purchased 20,000 disposable masks. How long will those last?

He wasn’t alone. As of Aug. 22, 257 education institutions had responded to the survey, two responses were in progress, and one had yet to begin. Thirty-nine percent were not sure if they had adequate personal protective equipment, or PPE, to complete the first semester, while 37% said they did and 21% said they did not.

Seventy-six percent said they had adequate masks to begin the school year, while similar percentages said they had adequate hand sanitizer and adequate cleaning sanitizer. Almost all, 252, said they would provide face coverings.

Earlier this year, the state received almost $129 million in Elementary and Secondary School Emergency Relief (ESSER) funds. Those funds are part of the $2.2 trillion Coronavirus Aid, Relief, and Economic Security (CARES) Act passed by federal lawmakers in March. In the survey, 159 respondents said they had spent up to $50,000 in ESSER funds to purchase PPE. Others had spent more. The Little Rock School District was the only district to say it had spent more than $500,000 on PPE. Only 16 respondents said they had not purchased PPE with ESSER funds.

20 September 2020 Report Card

FRONT LINE. Lakeside maintenance employee David Glapion has been moved to full-time fogging duties. “I love my job,” he said. “I’m up for any task. I love Lakeside. I’ve been here 20 years, and anything I can do to protect Lakeside and the students, I tackle them head-on.”

Ninety-five percent of respondents said they would offer virtual learning opportunities, while 25% said they would offer a hybrid or split schedule. (Respondents could choose both.) The online option was being chosen by many students. Thirtythree percent said more than 20% of their students were choosing an option other than full-time on-site instruction. Another 40% said 10-20% were choosing one of those options, while 18% said 5-10% of their students were choosing one.

However, schools will face challenges in meeting those needs. Sixty-nine percent of respondents said their students do not have needed internet connectivity at home.

Fifteen percent said more than 40% of their students lacked home internet connectivity, while 17% said 30-40% lacked it. Only 19% said 10% or less of their students lacked connectivity. Meanwhile, 79% said they had sufficient devices to start school Aug. 24, 25 or 26 under their Ready for Learning Plan. Nineteen percent did not have sufficient devices.

Districts have been using federal funds to address their technology shortfalls.

Twelve respondents had spent more than $500,000 in ESSER funds to purchase technology, while another 30 had spent between $250,000 and $500,000.

Among other results of the survey, 60% said they would be screening students as they arrive, while 77% said they would be screening adults.

In Pine Bluff, most are virtual The day before the first day of class Aug. 25, the Pine Bluff School District was expecting much higher percentages of students to learn virtually than were expected in many other districts.

Seventy-one percent of the families who had responded to the district’s request for a decision – 2,100 responses out of 2,900 families – had said their children were staying home. Pine Bluff Dollarway’s numbers were slightly lower at about 66%.

The two Jefferson County districts, both under state control, have the distinc-

tion of being led by one superintendent, Barbara Warren. Warren believes the reason for the high numbers of virtual learners is that COVID-19 has more disproportionately affected minority communities. She had expected 60% to be virtual learners – not far from where the numbers stood heading into the school year.

“I am not surprised at all,” she said.

“I’m shocked that in many other places, the numbers are so high for those who say they are coming face to face.”

Everyone at the two districts will be wearing masks. Warren said members of the community are more comfortable that way. The district is providing washable masks. Pre-K centers have masks specially designed for little faces.

Like other districts, Pine Bluff and Dollarway were having to figure out how to educate all of those off-site learners. Both had used CARES Act funding to become one-to-one districts, so the devices weren’t a problem. Internet connectivity, however, is an issue, like almost everywhere else.

Pine Bluff is largely an urban district, while Dollarway has rural pockets without connectivity at all, and of course some families in both can’t afford broadband.

The district is addressing that problem by distributing portable hotspots to families and parking internet-enabled buses at key locations. For those families who can’t be served, the district will use asynchronous solutions such as flash drives.

“Internet access connectivity has got to become a utility,” she said. “It’s got to be like power, light, gas and water. Otherwise … It’ll just widen this huge digital divide.”

Warren said her districts are discouraging families from changing their minds midstream about whether to attend school on-site or online, but, like Lakeside, Pine Bluff and Dollarway will be flexible.

“I’m not comfortable saying, ‘Once you get this, you’ve got to stay,’” she said.

“I want to say that, but there’ll be potentially just too many reasons for why that couldn’t work, and I hate to say something that I can’t back up.”

Leading up to the beginning of the school year, the districts held weekly back to school meetings over Zoom – Dollarway on Tuesday nights, Pine Buff on Thursdays – where patrons were provided updates and given a chance to answer questions. The patrons’ biggest concerns included ensuring enough personal protective equipment would be available,

TWO SCHOOLS, SAME THOUGHT. Barbara Warren is serving as superintendent of both the Pine Bluff and Dollarway School Districts, where a majority of families were choosing a virtual education.

whether students learning virtually would be spending too much time on computers, and whether local teachers would be teaching virtual classes. Children asked questions about recess. One benefit of the sessions was that it gave adults a chance to see what children will be experiencing because regardless of whether a student learns on-site or online, they will be impacted by the virtual platform, and Warren wants to be able to pivot.

Warren said the pandemic has given superintendents across the state a chance to collaborate. One reality that’s become clear is that they face similar challenges and have created similar solutions.

“I’ve learned we’re all pretty much trying to do the same thing,” she said.

“Maybe a little shift, maybe a little difference in here or there because we’ve all got a common concern and a common need, and we’re all actually almost put on a level playing field because this global pandemic has put us there.”

Jasper keeping it REAL Like other districts, the Jasper School District was doing its best to prepare for this school year. It was asking parents for a nine-week commitment before the year began, though it will consider midstream changes on an individual basis. Off-site students were being assigned a classroom and could participate in class activities either in real time or by downloading the

instruction later if their internet connections allow it, or they can use a flash drive. Jasper chose to assign all students to a classroom so their learning would be aligned and so students and staff could transition to full online learning if a COVID-19 outbreak occurs. Class sizes are small, so administrators believed teachers could manage the workload. As of Aug. 3, about 20% of families were choosing its REAL (Remote Education Academy of Learning) digital program.

Superintendent Dr. Candra Brasel and outgoing superintendent Jeff Cantrell told the ASBA-AAEA Joint Conference that the system will require a lot from teachers and would be challenging in a rural district spread over 614 square miles in three counties. There are areas where not only internet but even cell phone service is spotty.

Cantrell said school officials had tried to prepare for unexpected challenges.

“If crazy Uncle Johnny comes in to the video in his underwear, that’s going to be a problem, so we’ve tried to come up with solutions to limit that possibility from happening,” he said. “We’ve also thought Please see WELCOME BACK on page 31

Thoughtful education facilities for everyone.

479.455.5577 modusstudio.com contact@modusstudio.com Report Card September 2020 21

You’ve got questions?

What about leave time for employees, and what if a teacher wants to require her students to wear a mask even if it’s not district policy?

You’ve got legal questions about COVID-19? We’ve got answers, thanks to my law partner, Cody Kees.

Q: Is an employee who doesn’t want to work because of fear of contracting COVID-19 eligible for Families First Coronavirus Response Act leave?

A: Fear is not enough. Unless the employee is under a valid government or medical order to self-quarantine, the employee is not eligible for FFCFRA leave and must use paid sick leave.

Employees still have rights to traditional Family and Medical Leave Act benefits and also can use their own sick leave.

Districts should allow employees to use sick leave liberally for COVID-19 issues, but when their sick leave has expired, the employee must return to work or present valid documentation for traditional FMLA eligibility.

Q: What if an employee says a member of her family that lives in her home just tested positive for COVID-19, but the employee has not been ordered or advised to quarantine?

A: The employee is eligible for two weeks of paid leave for making, waiting for, or attending an appointment for a COVID-19 test and the subsequent results. Ideally, the employee would agree to get tested, and this would allow for paid leave. If the test is negative, the employee should return to work unless otherwise ordered to self-quarantine.

Q: Can the district require an employee to stay home if they have COVID-19 symptoms?

A: Yes, and the employee would be entitled to full pay under the two-week paid leave provision of the FFCRA. Q: How many times can an employee get the two weeks paid leave because of COVID-19 issues?

A: The employee is only entitled to a total of 10 workdays of paid leave under the act, which expires at the end of the year. The two weeks can be broken up 22 September 2020 Report Card

The FFCRA in a nutshell

by Jay Bequette ASBA General Counsel as needed, but only a total of 10 days must be provided by the district for COVID-19 issues. Thereafter, the employee should take sick leave or apply for traditional FMLA. The 10 additional weeks for childcare issues under the act are also available.

Q: Can the employee take just a portion of the FFCRA leave?

A: Yes. For instance, if an employee needs leave to take a COVID-19 test, and the results return negative in three days, and the employee is not otherwise directed to quarantine, the employee can return to work and has seven paid days remaining. The employee can use those seven days if another COVID-19 issue later arises.

Q: If the employee’s child’s school or daycare has moved to virtual schooling where children are required to complete instruction at home, is this “closed” under the FFCRA? A: Yes. If the physical location where the child received instruction or care is now closed, the school or place of care is “closed” for purposes of paid sick leave under the act.

Q: Who is a family member under the act?

A: The term used in the act is actually “individual,” which would include an immediate family member or someone who regularly resides in the employee’s home, or someone for whom the employee is expected to provide care.

Q: Will districts be reimbursed for the cost of all the FFCRA leave?

A: Probably not. Some private employers will receive tax credits, but school districts will not.

Q: What happens to employees who exhaust their two weeks of leave for

The Families First Coronavirus Response Act, or FFCRA, provides employees employed at least 30 days up to two weeks of emergency medical leave if they are unable to work remotely and are seeking treatment for the disease or are quarantined. They’re eligible for up to two weeks of regular pay at a maximum of $511 per day.

If they are caring for a family member with the disease or who is quarantined, or a child whose school or daycare is closed because of COVID-19, they are eligible for two-thirds pay at a maximum of $200 per day.

Those in that last category are eligible for 10 additional weeks at two-thirds pay at a maximum of $12,000 over 12 weeks.

COVID-19 issues but are still unable to return to work?

A: The employee needs to be moved to traditional FMLA, which will require additional medical documentation and proof that the employee has worked 1,250 hours the year prior. The employee is eligible for 12 weeks of traditional FMLA leave, which is not paid, unless the employee has accrued sick leave.

Q: Can we screen employees before entering the building, including taking temperatures and asking the standard questions about symptoms and past travel?

A: Yes. The law would even allow you to test employees on-site, although we do not recommend districts getting into the business of COVID-19 testing.

We advise following guidance from the Division of Elementary and Secondary Education and the Department of Health (ADH) on these protocols.

Q: If an employee alerts the district she tested positive for COVID-19, what is our obligation to alert other staff members?

A: Contact ADH or your local health official for guidance. The law is clear that you cannot reveal the identity of the employee unless consent is given. You should ask the affected employee to provide names of everyone they have been in contact with so you can then begin contact tracing.

Q: A teacher has been advised by her doctor to not return to work because of an underlying health issue, but she has offered to work remotely helping with online and homebound instruction. Do we have to accommodate?

A: No. Such an accommodation is not required and is generally discouraged because what you allow for one employee must be allowed for any other similarly situated employee.

Q: If the district has a directive that masks are only “highly recommended,” can individual teachers require face masks be worn in their classroom?

A: It is discouraged to allow individual teachers to set rules that are not consistent with the district directive.

However, if the teacher expresses a need to have students wear masks in her classroom, consider this a request for an accommodation under the Americans with Disabilities Act. Does the teacher have an underlying medical condition that necessitates this need? If so, then

yes, requiring students to wear masks in a particular teacher’s classroom would be appropriate. Consider the request on a case-by-case basis under ADA. Q: A teacher is returning to work but has alerted the district of an underlying health condition that makes her more vulnerable to infection. She has asked that she not have to perform certain tasks (hall duty and cafeteria duty) and that she would like a protective shield installed in front of her podium and desk. Must the district comply?

A: The teacher has implicated the ADA and is asking for a reasonable accommodation, though she does not have to use that exact term. You are on notice that you need to engage in the ADA interactive process. If the teacher provides you medical documentation that she needs certain accommodations, you need to determine if these accommodations are reasonable and will still allow the teacher to perform the essential functions of her job. While each case

is different, generally speaking, this request appears reasonable if the teacher indeed needs the accommodations.

Q: If the district has allowed a teacher to not perform certain duties as a reasonable accommodation under ADA, can we ask him to perform other duties to make up for duties not performed?

A: Yes. For instance, if a teacher is not required to perform hall duty because he needs to social distance, even with a mask, because of an underlying health condition, you can require him to perform bus duty or a related duty that is outside or more open. Or, you can assign any other task that may be needed that accommodates his underlying health condition. Moreover, the State Board of Education recently voted to allow districts to seek a waiver as it relates to the amount of time a teacher can perform non-instructional duties per week, which gives districts more flexibility with personnel schedules.

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EXECUTIVE SESSION with

Dr. Julea Garner

By Steve Brawner Editor

Dr. Julea Garner, M.D., is a member of the Highland School Board in north Arkansas, but she met with Report Card in North Little Rock at the Baptist Health – University of Arkansas for Medical Sciences Family Medicine Residency facility.

There, Garner directs and helped create a new Family Medicine Residency program that is training medical residents to serve in rural Arkansas. That task has become more challenging because of COVID-19.

Garner became director after more than 18 years in private practice in Ash Flat. She estimates she is the eighth generation in her family to call that town home. During the week, she stays in North Little Rock. She drives two hours home on weekends and also during the week when necessary for school board and family reasons. Her 17-year-old daughter, Lillie, is a senior at Highland.

As a board member, Garner offered her expertise as Highland opened a school health clinic, and now she’s offering insights as it prepares to begin another school year during a pandemic.

In the middle of it all, she offered her insights to Report Card as well.

Did you take this job because you felt like it was a calling or like something you needed to do?

“The thought is that probably within the next five to eight years, we potentially have a lot of the family physicians across the state at a retirement age, and we need more family physicians. We need more family physicians today, but 24 September 2020 Report Card

as family physicians retire, we need more for the state. …

“And it’s a passion. I love education, and family medicine is a passion of mine, so starting a residency program that we can create – we have to stay well within the guidelines of the accreditation rules – but we’re able to offer things that the state needs. … We have a physician here who’s boarded in wound and hyperbaric oxygen, and she is a family doc who is part of the residency program, so we’re offering the residents training in

wound care that most people don’t have.

We have another physician who has got extra qualification. He’s a boarded family doctor. He’s boarded in adolescent medicine and sports medicine.

Together we have worked with the school at Lonoke and opened a school clinic there to provide well visits to all the kids that want it, and then sick visits to the whole campus including the teachers, the staff and the students, where they can be seen right on campus.

And because we have the residency

program, we have the sustainability to help maintain that, and then cover some of their sports after hours.”

What is this new generation of young doctors like?

“Not different than the old generation in that they have a passion for people and a passion for helping people.

They’re more akin to fewer work hours and better wellness plans for themselves than we had going through. I think that’s a positive move that they do better in taking care of themselves than those of us did. …

“They have so much more knowledge at their fingertips. It doesn’t matter where they are or what they’re doing, they have a gizmo that they can look up almost anything. And that has changed medicine a lot, and it’s changed the learning a lot, and I think for the positive.”

But the downside of all that is, are we better at looking up information but not as good at holding it in our head?

“I’d say the answer is yes and no, and the reason I would say that is because there is so much more information out there. Do they hold less? You know, years ago, the only drug was penicillin.

Well now, when you look at antibiotics, there’s no way they could remember all of them. They remember classes of drugs, and the things that they com-

monly use on a regular basis, yeah, they’ll remember pretty well. The biggest challenge is there’s something new on the market every day for any disease process. We know so much more about the disease states, and we know so much more about the side effects of things and being able to treat each person individually. So do they retain less? I don’t know that they do. It’s just the vastness of knowledge is huge now.”

What is it like to train medical students in the age of COVID-19?

“Challenging at best. No one wants to get COVID. No one wants to be exposed to COVID. It’s been an unpredictable virus in that somebody young and healthy can end up on a ventilator and die, and somebody older with comorbid conditions lives or doesn’t really get sick at all. It’s a virus that you may not even know you have it, or you may die from it.

“Training the residents is challenging in that we want them to be a part of medicine and at the same time keep them safe. And I don’t think it’s any different for them than any of the doctors in the hospital or any of the other staff, whether it’s nurses or anybody else. It’s teaching them to be mindful of wearing a mask, of making sure they’ve got the proper gear on, making sure we’re screening at the right places. And social distancing is as hard for them as it is for anybody else.”

Do you ever feel like you are a sergeant getting recruits ready to go to war?

“I’ve never thought of it that way.

I’m a team person. Team means a lot to me. That’s what family medicine is. The patient is part of the team. So teamwork is hugely important. ... But they need to be prepared to do whatever they’re going to do. And we want them to be prepared that five years from now, they’re out in private practice and this happens again, they’ll know what to do.”

How do you think this has changed medicine permanently?

“I think there are several different ways. I think the meetings that we have physician to physician, Zoom or Google Meet or whatever the platform you use, have changed medicine so people don’t have to sit in a room together. We have started doing a lot of virtual visits with patients, and I think that will continue, and I think that’s a good thing for a lot of patients. They don’t have to walk in. … I think the public and the medical profession are going to be more aware of self-protection and how to do that.

Will that last beyond? It will in the medical profession. Will it last in the public beyond this? I don’t know.”

What led you to become a school board member?

Continued on next page

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Executive Session care of the chickens and garden and that sort of thing (while he’s helping) take care of them. But that’s a better place for them to be.”

When my daughter started to “school, my mom told me it was my responsibility as a parent to show up at all the school board meetings, and that if I had a child in school, I needed to be paying attention and support the board and support the school. And I grew up in a household where the teacher’s always right, which is not all households anymore. When that position came open, I got a couple of phone calls that said we need somebody on the board, and we would like for you to do it. I prayed about it and thought about it, and showed up at the next school board meeting and said yes. If you want me to serve, I’ll serve.

”

“Both my parents were educators, and they both earned the first master’s degrees in their family. My mom was an English and history teacher, retired. My dad was originally a coach and principal and taught civics. He quit coaching back in the ‘60s, though. When my daughter started to school, my mom told me it was my responsibility as a parent to show up at all the school board meetings, and that if I had a child in school, I needed to be paying attention and support the board and support the school. And I grew up in a household where the teacher’s always right, which is not all households anymore. When that position came open, I got a couple of phone calls that said we need somebody on the board, and we would like for you to do it. I prayed about it and thought about it, and showed up at the next school board meeting and said yes.

If you want me to serve, I’ll serve. And then I ran, and I’ve been on the school board since then.”

Had you attended a lot of school board meetings before?

“Yeah, I went to probably at least half of them every year if not more. You learn a lot and keep up with the school.

You understand why the decisions are made, that when they raise the breakfast price a nickel, that they may have debated on it an hour because they were 26 September 2020 Report Card

afraid how much people couldn’t pay for. If you’re not in the room, you don’t understand that, and you don’t understand what the school is having to go through to provide the education, or what the school needs.”

Your school district is in a beautiful part of the country, isn’t it?

“Oh, it is. Beautiful country. Good people.”

Is that part of the reason you’re still driving back and forth?

“My family’s there. My brother, two-and-a-half years older, died suddenly in this past year. He was a circuit judge. My dad, who had been living independently, has moved in with me.

My mom had died a few years ago. And then I’ve got an aunt that had to move in with us. So my husband stays up there, and he’s a retired minister and therapist.

He stays there during the week and takes

How did your medical experience affect your approach to school board service before COVID? “I think probably two or three things. Running my own business and running my own practice, and taking care of a lot of the kids that go to the school gives me some insight into some of the needs that the school has, some of the needs that the kids have. And then understanding a business. A school is a business. It’s funded by the state. It’s funded by the people that live in the county and the community. I had been a parent before I was on the school board, and I had the understanding on the outside of, well, why don’t they just do this?

“We opened a school clinic as I moved into this position. I had helped and worked with the superintendent and some people at the school that just did a phenomenal job paired with a large facility. And that’s just seeing the need for the kids.”

How important is the clinic?

“I think that the health of the kids makes a big difference in their learning.

I would love for every school to have a school health clinic where the nurses can be in the building and do some of the triage, and the kids can be seen. Every kid needs a well visit every year, and that just doesn’t happen. It’s a matter of availability, and it’s a matter of parents working and they don’t have time to take the kids to go do a well visit. If that could be provided in the school, (we can) keep them healthy, keep them in the seat and keep them learning. …

“I’m a big believer in the health of the kids promotes their education and their learning, and it helps keeps the faculty there. When you look at (time)

lost for faculty because of illness in a school our size, then you’re looking at substitutes, which is not bad education. It’s just different than being able to keep the teachers there. And it provides a service to them.”

So what is Highland doing about COVID this year?

“The plan right now, which will change daily – depends on what the governor says and what they do – the plan is to open the 24th with everybody except kindergarten. The reason is everything is new, and they want to give two days for everybody to get everything under control before they bring the kiddos in that have never been there before. It is a plan to have everybody to wear a mask, to distance them out, plexiglass in front of the teachers, and offer virtual. They’re looking at how they can do lunchroom, sanitize the school on a daily basis, and then they’re going to offer virtual to the kids that parents don’t want them in the school right now.”

How’s your broadband access there?

“It’s not probably as good as it is here in North Little Rock.

It’s probably the best in the community. And while we went virtual for the last quarter, they had to set up hotspots because we’re such a rural area and our internet access is not good. But the broadband for the school is actually really good.”

But in the homes, I would think that …

“Homes, the internet access is not great. We live in the town of Ash Flat, which is five minutes from the school, and we didn’t have any internet access all weekend this past weekend. Now, it may have some to do with us, but the internet access can be really spotty there.”

What kind of input have you had as a school board member for preparing for the health aspects of dealing with COVID this year?

“The superintendent and I text and email probably two or three times a week. I send him any reports that I get through the medical world about what’s going on or access to different things or what I see coming down the pike. Same thing for the school board. We had a meeting the other night. We talked some about what are we doing, and the superintendent gave us an update on what’s happening and what’s not. It’s a day by day change, so keeping them up on what I know and asking questions about what can we or can we not do.”

school, and they need the availability of the education, but they need the availability of safety and food.”

You are the product of a good education, and everyone agrees that virtual learning cannot fully take the place of face-to-face instruction for most families. Is that an issue?

“I think it is. I think this generation is very techy, and they do pretty well, but ... the teacher can’t watch a student’s face.

They can’t watch their body language. They can’t look at them and realize that they’re wearing the same clothes they wore for three days. Or, there’s just so much that the virtual doesn’t keep them focused well enough.”

What are your staff members telling you?

“They’d rather be virtual. They’re afraid of the exposure.

The kids may … never get sick, and then the teacher takes it home and their significant other or parent living with them or something like that gets sick.”

Is Highland prepared for two weeks after opening, everybody goes home?

“I think everybody’s prepared that that could happen any day. And when we did our calendar this year, we no longer have snow days. We no longer have snow days because we’re able to do some sort of virtual online learning.”

How else do you think this is going to change education?

“I think it will change how the teachers prepare their lessons. I think it’ll change the extracurricular activities, and how those are approached. I think that’s going to make a big difference. I think the teachers will be more prepared now to take what they’re doing into an online virtual setting, and I think our teachers are having to adjust to do that.”

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

As Lakeside Superintendent Shawn Cook said at an ASBA seminar, if one student gets COVID and dies, many will be going home.

“Yeah. We did a survey like most of the schools did, and we have people that have said, ‘I’m not sending my child. I cannot afford for that child to get sick. I can’t afford for them to come back in the home.’

“And it’s not just the children. It’s, where do they go home?

Who’s in the home? The scary part is, we need kids in the school. … There are a lot of kids that their home is not their safest place, and the school is the safest place, and the school is where they get the most food. And those kids need to be in Report Card September 2020 27

Marketplace

The latest news from Report Card’s advertisers

Baldwin & Shell hires director of virtual design

Gene Kitsmiller has joined Baldwin & Shell as its director of virtual design and construction. Technology is advancing the industry’s approach to project management including Kitsmiller aspects of jobsite safety and client delivery. Kitsmiller utilizes BIM, a 3D intelligent modeling process, to enable project managers to dissect construction schedules and analyze potential clash detection issues.

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Modus designs Valley Springs High

Valley Springs School District kicked off the school year with a new high school building designed by Modus Studio architects. The two-story, 26,810-square-foot 9th-12th-grade facility includes 11 classrooms, a physics lab, a biology lab, a project lab, and a computer lab. Modus Studio, along with Nabholz Construction, finished the project on time and on budget, while also assisting the district in completing a new greenhouse and a new elementary school roof before fall classes began.

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

28 September 2020 Report Card

Fayetteville School District on its high school athletic facilities.

For more information about WER Architects/Planners, go to wearch.com.

Hight Jackson redoes rec center for ALE

Hight Jackson Associates of Rogers repurposed a recreation center to serve as the Archer Learning Center, the alternative learning environment for Springdale Schools. The remodel added a 4,000-square-foot open mezzanine in an existing gym to create additional classroom space. This mezzanine created a two-level central hub and an open, collaborative and flexible environment, which the school desired. A new bridge in the existing two-story lobby provided a vital connection from the existing second floor to the new mezzanine.

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WER designs school athletic facilities

WER Architects/Planners has designed school athletic facilities across the state. It recently worked with the Jacksonville North Pulaski School District on its high school arena, indoor practice facility and football field. It also worked with the Pulaski County Special School District’s Sylvan Hills High School on its arena and indoor practice facility. The WER team designs high school athletic facilities to collegiate standards, providing athletes with state-of-the-art equipment while filling the spaces with daylight and graphics.

WER is completing the design of the University of Arkansas J.B. and Johnelle Hunt Baseball Development Center. It recently began programming with the

The Conway High indoor practice facility designed by WER Architects/Planners.

Archer Learning Center, Springdale

Entegrity helps school districts save with solar

Cedar Ridge and Midland recently became the state’s first school districts to use co-located solar energy technology by signing a 25-year power purchase agreement with Entegrity Partners. The solar array is located on eight acres owned by Cedar Ridge, which will consume 800 kilowatts of the 1.36 megawatts of power produced. The district estimates it will save more than $65,000 per year in energy costs. Midland will consume the remaining solar energy.

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Crow Group buys lunch for teachers

The Crow Group general contractor provided lunch for teachers, staff and administrators at Morrilton Intermediate School during its back to school week to help them celebrate being selected as a Model Professional Learning Community School by Solution Tree.

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First Security Beardsley helps clients refinance

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Nabholz helps schools protect kids from COVID Nabholz offers many services to keep

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French Architects designs Hot Springs school

French Architects recently completed its work for Langston Elementary, a new state-of-the-art facility located on the site of the historical 1913 Langston High School, the first African American school in Hot Springs.

The two-story 75,493-square-foot school utilizes large open spans of natural light in each classroom, allowing the spaces to feel warm and open. The school also includes a large cafeteria, expanded classrooms for therapy/special education services, and a new library.

The use of bold colors and materials form visual cues that allow the students to navigate the building with ease.

For more information about French Architects, email David French at david@frencharchitects.net, or check out the firm’s Facebook page.

Stephens interview with LRSD’s Poore Continued from ad on page 17

“So we went from a price point in the spring of about $45 to $50 for a hotspot, to now we have dropped it down to $15 to $20. And it is a credit to those providers, too, for working with us.”

Congratulations on the opening of Southwest High, an achievement that certainly faced challenges. You had initially hoped to pay for it with a millage extension in 2017, but voters said no. Then what did you do?

“Well, we got whooped, and I think it went back to the fact that there was not local control. It was still a raw emotion.

And there was still probably a trust factor with me just coming in. But that did not take away the need for this facility.

“So, with help from Stephens Public Finance, we went to a second lien option, which means that you get approval from the state and borrow less money.

So instead of getting $170 million to $175 million, we get $90 million. That allowed us to move forward. It allowed us to show the community that when you entrust us with those kinds of resources, we are going to use them well.”

The district has made improvements at other schools as well.

“Everybody points to Southwest, which is great, but elsewhere in the district we have also done wonderful things. We put in new security systems.

We put in new lights. We put in new HVAC systems. We had roofs that got replaced. Of our 13 middle schools and high schools gyms, not one of them had air-conditioning, and every one does now. We improved our athletic fields to put in all-weather turf and have real tracks. The students needed a better environment. The projects that resulted from our second lien loan have impacted teaching environments, improved work conditions, created safer campuses, and helped us reinvigorate our athletic programs. All of those efforts will create better performance and allow us to compete for families in this world of choice.

“If I had a final note to share with all, collaboration is needed more now than ever. It starts with our district staff.

Classified employees, teaching staff and administrators all must work together to create student success. This has been essential under state control and it is even more important as we work through the pandemic. Even if we do that perfectly, it is not enough. We need partners from our community and our fellow school districts to thrive and survive in these challenging times. I am honored to have the opportunity to work with a great staff at LRSD, be tied to amazing leaders in our state and to have a community that is all in to make a difference for our kids.”

Report Card September 2020 29

Commercial Affiliates

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

Premier Partners Arkansas PBS

Contact Bryan Fields

Phone 800.488.6689

Email bfields@aetn.org

Website www.aetn.org

American Fidelity

Tom Sledge

800.688.4421

tom.sledge@americanfidelity.com

americanfidelity.com

Baldwin & Shell Construction Company

Shayla Copas

501.258.7396

ShaylaCopas@baldwinshell.com

www.baldwinshell.com

BXS Insurance

Bill Birch

501.614.1170

bill.birch@bxsi.com

www.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

www.homelandsafetysystems.com

Lifetouch National School Studios, Inc.

Patrick Hand

479.631.8951

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

TRANE

Beau Reynolds

501.478.2938

beau.reynolds@trane.com

www.trane.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

A-Lert Roof Systems

Vic Runer

803.626.7755

vruner@centurionind.com

www.alertroofsystems.com

All-Clean USA

Lisa Graham

870.972.7729

lgraham@allcleanusa.com

www.allcleanusa.com

Architecture Plus, Inc.

Craig Boone

479.783.8395

craig@archplusinc.net

archplusinc.net

Ark. Single Parent Scholarship Fund of Pulaski Co.

Keisha Smith

501.301.7773

ksmith@aspsf.org

www.aspsf.org

C.R. Crawford Construction, LLC

Jordan Ligon

479.251.1161

jligon@crcrawford.com

www.crcrawford.com

Caddell Construction Co. (DE), LLC

Ricky Byrd

479.319.3387

ricky.byrd@caddell.com

www.caddell.com

Capital Business Machines, Inc.

Ben Higgs

501.375.1111

bhiggs@capbiz.com

www.capbiz.com

Chartwells

Kellye Neal

501.615.3660

kellye.neal@compass-usa.com

www.chartwellsschools.com

Crow Group

Morgan Zimmerman

479.264.4332

mzimmerman@crowgrp.com

crowgrp.com

Curtis Stout

Justin Kellar

501.372.2555

jfkellar@chstout.com

www.chstout.com

David H. Frieze and Associates, Inc.

Paul Frieze

501.922.9704

paulfrieze7@gmail.com

Davis Rubber Company

Phillip Davis

501.374.1473

davisrubber@icloud.com

davisrubbercoinc.com

EAST Initiative

Lani Jennings-Hall

501.371.5016

lani@EASTstaff.org

www.eastinitiative.org

Edgenuity

Harry Dickens

501.615.4748

harry.dickens@edgenuity.com

www.edgenuity.com

Educational Technology Learning/Edbrix

Ed Tweedle

817.310.3900

ed@edtechlearn.com

edtechlearn.com

Entegrity Energy Partners

Rick Vance

501.414.0058

rick.vance@entegritypartners.com

www.entegritypartners.com

ESS

Tammy Winn

870.236.2350

twinn@ess.com

ess.com

Excel Energy Group, Inc.

Colton Churchill

479.280.1928

cchurchill@excelenergygroup.com

excelenergygroup.com

French Architects

David French

501.622.0958

david@frencharchitects.net

Frencharchitects.net

Jackson Brown Palculict Architects

Randall Palculict

501.664.8700

randy@jbparchitects.com

www.jbparchitects.com

Kinco Constructors

Clay Gordon

501.255.7606

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

LeafFilter North, LLC

Tonia Rollins

800.726.7703

trollins@leaffilter.com

www.leaffilter.com

Lexia Learning

Sarah Colman

978.402.3506

Scolman@Lexialearning.com

www.lexialearning.com/ar

McPherson & Jacobson, LLC

Thomas Jacobson

888.375.4814

mail@macnjake.com

www.macnjake.com

Midwest Bus Sales, Inc.

Tim Toolen

479.474.2433

ttoolen@midwestbussales.com

www.midwestbussales.com

Modus Studio

Josh Siebert

479.455.5577

josh@modusstudio.com

www.modusstudio.com

Moser Construction, LLC

Robert Moser

501.847.4777

rmoser@moserconstruction.net

www.moserconstruction.net

Musco Sports Lighting, LLC

Jeremy Lemons

501.249.8056

jeremy.lemons@musco.com

www.musco.com

Nabholz Construction Company

Jake Nabholz

501.505.5126

jake.nabholz@nabholz.com

www.nabholz.com

National Safety Shelters

Sarah-Jane Corrado

772.248.0236

sarah@nationalsafetyshelters.com

www.nationalsafetyshelters.com

Palomar Modular Buildings, LLC

Jade Pulfer

469.727.0727

jpulfer@palomarmodular.com

palomarmodular.com

Performance Surfaces, LLC

Ryan McCaslin

405.570.0386

rmccaslin@performancesurfaces.com

www.performancesurfaces.com

P.I. Roofing

Joel T. Johnson

501.400.6121

joel.johnson@piroofing.com

piroofing.com

Pop Pop Shoppe

April Pierce

903.276.5580

april@poppopshoppe.com

www.popopfundraising.com

R.J. Love Enterprises, Inc.

Rick Love

501.988.5474

rlove@rjlove.com

www.rjlove.com

Reading, Writing, and ... All That Jazz

Debbie Hardwick-Smith

479.263.0815

Readindeb@cox.net

www.heinemann.com

Shields Security Solutions

Brent Amaden

501.255.0352

b.amaden@ShieldsSecuritySolutions.com

ShieldsSecuritySolutions.com

Southern Bleacher Company

Carla Herndon

940.549.0733

herndon@southernbleacher.com

www.southernbleacher.com

Strategos International

Regina Ferguson

816.204.1243

Regina@strategosintl.com

Strategosintl.com

Tri-State Floors, Inc.

Dean Smith

918.343.2553

dean@tri-statefloors.com

www.tri-statefloors.com

Van Horn Construction, Inc.

Chad Weisler

479.968.2514

cweisler@vanhornconstruction.com

www.vanhornconstruction.com

Virco, Inc.

Bruce Joyner

501.908.9461

brucejoyner@virco.com

www.virco.com

WER Architects/Planners

Eldon Bock

501.374.5300

ebock@werarch.com

www.werarch.com

WD&D Architects

Glen Woodruff

501.376.6681

gwoodruff@wddarchitects.com

www.wddarchitects.com

Supporting Partners Central States Bus Sales, Inc.

Contact Mike Wingerter

Phone 501.955.2577

Email mikew@centralstatesbus.com

Website www.centralstatesbus.com

Hight Jackson Associates, PA

Liz Cox

479.464.4965

lcox@hjarch.com

www.hjarch.com

NE-ARK Adjustment Co.

Mike Brigance

870.838.0097

neark@swbell.net

Raymond James

David Fortenberry

501.671.1334

david.fortenberry@raymondjames.com

30 September 2020 Report Card

www.raymondjames.com

Welcome Back Continued from page 21

about the possibility of parents fighting on a video.”

That second scenario actually occurred during a Zoom counseling session attended by his son, a high school senior, when two parents could be heard arguing in the background.

Like Lakeside, the Bentonville School District already had an online offering before the pandemic occurred. In fact, 140 of its students were studying online full-time when the school year began. It was requiring parents to choose for the fall semester either an online education or a blended option by July 8, a date that was later extended to July 22. Superintendent Dr. Debbie Jones told the ASBA-AAEA Joint Conference that students who attend a virtual school aren’t part of a physical classroom. The district has found its teachers can best teach either blended or virtual classes but not both.

Among the lessons her district has learned is the importance of teaching parents how to use the online system, and the importance of consistency in how teachers post assignments. Jones emphasized communicating with parents and the community. With so much anxiety, the district needs to speak with one voice.

Playing catchup from the spring The Bryant School District received $700,000 in federal CARES Act money, but half of that was spent on food service debt incurred during last spring’s school shutdown, Superintendent Karen Walters said in an interview. The district, which doesn’t contract with an outside meal provider, was running 15 buses a day delivering meals and faced the same labor costs as before, but reimbursable meals fell to 20% of previous amounts.

The rest was spent on personal protective equipment. The district bought 35,000 reusable masks for students who didn’t have their own. These are to be dropped into containers when students depart from school or from buses and then washed by the district nightly.

At Bryant, more than 30% of the students had opted for a virtual education, with the numbers higher at the secondary level. Walters said the numbers might have increased late because statewide cases were increasing at the same time.

Families were asked to make a firm decision about how their child would be educated for the semester. The district will work with parents on a case-by-case basis if their life circumstances change, but changes can’t be based only on preferences. Walters said there were just too many issues to consider, such as lunch schedules.

Teachers will teach either an on-site or virtual classroom, but not both, to start the school year. If the entire district is shut down, they will teach from the classroom because there were internet issues in the spring when they tried to teach from home. The district probably will use paraprofessionals to provide childcare for staff members.

Walters said a virtual education is not the same as in-person instruction. Despite Bryant’s central Arkansas location, many students don’t have internet access, and some don’t even have cell phone service.

If everything shuts down, the district is working on a plan to allow those students to come to school.

She hopes it doesn’t come to that. As schools were preparing to reopen, some people across Arkansas were questioning if it were worth the risks. Walters pointed to the risks of not opening.

“I know my school counselors have lists of kids that they can’t wait to see and make sure they’re OK,” Walters explained.

“I want them here. I know I have a lot of

faculty that (are) concerned, and I understand that for them and their families and their health, but I do think we need to try this.”

It’s not going to be easy. No one in public education has tried to start a school year during a pandemic. The spring offered its own set of challenges because everything changed so suddenly, but expectations were low. Schools were expected merely to review material. This time, they’re expected to teach. Walters says everyone is a novice this year, and no one has a mentor.

Lakeside’s Cook agreed, saying that he’s a “first-year COVID superintendent.”

And like everyone else, he’s learning as he goes.

At the ASBA-AAEA Joint Conference, he also expressed enthusiasm for the moment. As schools prepared to teach both on-site and virtually, he said educators were “part of the future of education.”

That was June. As schools prepared to open in August, he remained ready for the challenge.

“Somebody asked me … are you losing a lot of sleep?” he said. “And I said, ‘You know, actually I’m not losing any sleep.

But it’s the first thing I think of in the morning.’ And that’s the truth. Right when I wake up, it seems like I’ve got something on my mind to do, but I’m sleeping good because I think we’ve just got to do the best that we can do.”

Client-focused Construction & Engineering Services

Call us today to discuss your project

(501) 354-6511 www.crowgrp.com Report Card September 2020 31

IS YOUR SCHOOL READY FOR PANDEMIC LEARNING? Nabholz can serve as an integral partner through every stage of the process. With 70+ years of experience in the industry, and decades of working with school districts across the country, Nabholz understands every aspect of facility construction, renovation, and maintenance. This means you can trust us to help with this important transition.

Nabholz is ready to get to work for you immediately. Even better, we can tailor our services to fit your specific needs.

SCHOOL READINESS CHECKLIST

6

2

12

3 7

5

1. Clean and

1

10

8

4

disinfect buildings and playgrounds.

11 9

2. Ensure ventilation systems are operating properly.

3. Replace high contact areas with

automatic fixtures (light switches, faucet levers, paper towel dispensers, flush levers.)

4. Install clear, protective shields in

the front office and other high-traffic visitor areas.

5. Install alternative hydration stations

(ex. bottled water, disposable cups/ cones, bottle filling stations).

6. Install hand-sanitizing stations and outdoor handwashing stations.

7. Repurpose existing

spaces into additional classrooms.

8. Post signage at entrances

and throughout buildings with health guidance, directional traffic flow, one-way enter/exit, and information for parents/visitors.

9. Install QR readers or other

security measures that can track who is on site to assist in contact tracing.

CONTACT US TO LEARN MORE ABOUT HOW WE CAN HELP YOU. 1 . 8 7 7. N A B H O L Z | n a b h o l z . c o m

10. Add outdoor classrooms.

11. Add social distancing signs

and markers throughout the school building and on school buses.

12. Restrict playground

equipment with locks, fencing, or other barriers.