January 2020 | VOL 22 | NO. 1
Indianagram A publication of the Indiana Association of School Principals
The Indiana Association of School Principals leads in the advocacy and support of all principals in their commitment to every child.
Happy New Year, IASP! by Lizz Walters, President of IASP
I hope that everyone had a restful and rejuvenating break with family and friends. As we look toward the new year, many of us are likely entering (or have already entered) scheduling season for 2021-22 with students. This time of year reminds me of how appreciative I am of the work of my school counselors. I have the pleasure of working with the President of the Indiana Association for College Admission Counseling (IACAC) in my counseling department, and we often have conversations about similar concerns and needs that cross our desks in the main office. During the last few years, my school counselors have been in the trenches with me looking at ways to successfully implement Graduation Pathways, pulling data to navigate changes to Federal and State Accountability, increasing ACT and SAT access and opportunity for students during the school day, and much more...all the while continuing to meet the daily, increasing needs of students in our building. What counselors face at all school levels in terms of mental health, college and career counseling, and general guidance needs for students in today’s schools is drastically different than in the past. The need for an increased understanding, awareness, and implementation plan for trauma-informed and -responsive instruction is crucial, and as administrators and school counselors, we cannot do that alone. I encourage you to actively engage in conversation and planning with your elementary, middles school and high school counselors on ways to meet the ever-increasing needs of our students. They bring a vast wealth of information to the conversation, and their perspective is crucial to bridging the gap between counseling support outside of the classroom and trauma-responsive instruction inside of the classroom. This is also a good time to review how you can support them knowing their time can easily be consumed with too many administrative tasks which take them away from working with students. Administrators, if you’ve not done so recently...take the time to thank your school counselors for all they do to support administrators and students. I encourage you to continue to build on the systems and practices already in place between the two departments in our schools. Additionally, as we all start the new year, take time to review the support and resources that IASP can offer. Look out for upcoming opportunities for administrative and counseling professional development. Between the strength of these two roles in the school setting and the expertise that administrators and counselors bring on a daily basis to schools across Indiana, I am confident we will continue to provide what is best for all students in the future!
Inside this Edition
Happy New Year, IASP!.......................................................................P1 IPLI Flyer.............................................................................................P2 IDOE..............................................................................................P3 Riley Hospital Kids Caring & Sharing Update....................................P4 Silver Corporate Sponsors....................................................................P5 Secretaries Conference / Secretary Awards Nomination Form............P6
Aspiring Principals Conference Flyer..................................................P8 What if They Gave a Test and Nobody Came?...................................P9 Spotlight on Service-Learning............................................................P10 NAESP Update...................................................................................P11 Dave Emmert’s Situation Briefs..........................................................P12
Indiana Principal Leadership Institute Accepting Applications Application Deadline is March 16 - Apply at www.indianapli.org The Indiana Principal Leadership Institute (IPLI) is accepting applications for its eighth cohort. The application deadline is March 16, 2020. The IPLI experience lasts two years for each cohort, with more than 50 principals participating in each group. The principals develop and implement personal and school improvement plans and build a network with other principals to gain support during and beyond the institute experience. Each principal is matched with a trained mentor who helps guide the principal’s work throughout the two-year experience. In the second year, principals include two teacher-leaders from their schools in IPLI seminars to ensure teachers are a part of the process. Fifty principals are invited to participate in the eighth class, which will launch this summer at Indiana State University. Their responsibilities include attending five seminars each year and meeting monthly with their regional focus-cohort group. Principals participating in the two-year program agree to a number of commitments, including attendance at all seminars and focus-cohort meetings.
Application Process
Principals interested in applying for the eighth cohort should apply online at www.indianapli.org. Any individual who is currently employed as a public school principal in the state of Indiana is eligible for nomination. Priority is given to principals with three or more years of experience. Part one of the application is to be completed by the principal. Once submitted, part two of the application will be sent to the superintendent or immediate district-level supervisor of the corporation in which the principal is employed. Nominating a principal implies the superintendent and school board think the principal has the potential to improve their school, are supportive of positive change in the school, and will allow data collection to occur.
Participation Includes
Cohort 8 Dates for 2020-2022
Year 1 Seminars:
Mentoring by trained, highly-qualified mentors; Regional monthly focus-cohort meetings; Five seminars featuring nationally-recognized educational leaders; Access to resources to support the needs of principals and their schools including Marzano High Reliability Schools™ Network; Membership in the Indiana Association of School Principals and Ed Leaders Network; Registration for the IASP Fall Professionals Conference; An opportunity to enroll in 12 graduate credits toward the Indiana State University Educational Specialist's program at a significantly reduced tuition rate; and 45 Professional Growth Points (PGP) for each year of participation.
Corporation Commitment
A one-time financial contribution of $1000 from the school corporation will provide motivation to the principal to participate with fidelity and integrity, as well as demonstrate corporation willingness to support the principal.
Questions?
Contact IPLI Program Coordinator, Lori Davis at lori.davis@indstate.edu, 812-237-2932
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July 14-15, 2020: Summer Seminar at ISU September 23, 2020: Indianapolis November 23, 2020: In conjunction with the IASP Fall Professionals Conference in Indianapolis January 27, 2021: Indianapolis April 14, 2021: Indianapolis
Year 2 Seminars:
July 7-8, 2021: Summer Seminar at ISU September 21, 2021: Indianapolis November 22, 2021: In conjunction with the IASP Fall Professionals Conference in Indianapolis January 25, 2022: Indianapolis April 12, 2022: Indianapolis
Resources
In addition to the targeted work with each cohort, IPLI is committed to serving as a resource for all Indiana principals, their schools, and their school communities. This includes sharing research, providing access to leadership assessments, and offering tools to support school leaders. IPLI’s website, www.indianapli.org, serves as the clearinghouse for this information.
Student Learning ● ● ● ●
Allow for homeless students serviced by McKinney-Vento to access 21st Century Scholar dollars Create a more inclusive K-12 environment for students Support measures that address the public health epidemic of vaping in student populations Increase operational accountability and programmatic quality for virtual schools
School Improvement ● ● ● ● ● ● ● ● ● ●
Support hold harmless and urge both SBOE emergency rulemaking for accountability and a pause in the intervention timeline in response to ILEARN Support a transparent, single accountability system for Hoosier families Advocate for charter school quality by holding authorizers accountable for academic and fiscal responsibilities Create more options for child abuse prevention education Require all Choice scholarship and charter schools to have at least one school safety specialist; establish a school safety plan; develop a written emergency preparedness plan; and establish a safe school committee Align appropriate terminology of Multi-Tiered Systems of Support from prior Response to Intervention model Allow teachers serving special education inter-locals or stand-alone career technical education centers to receive Teacher Appreciation Grant dollars Make 15 PGP point career awareness requirement optional for teachers Require educator preparation programs to prepare new practitioners in state-recognized computer science programs and project-based learning approaches Expand Indiana’s reciprocity statutes to create more opportunities for out-of-state license holders
Operational Effectiveness ● ● ● ● ● ● ● ●
Consolidate the number of data collection dates, including count dates, for charter schools, traditional corporations, and accredited non-public schools to October 1 Require new public, charter, and Choice schools to report data via a student information system to IDOE using the Ed-Fi data standards Repeal requirement that school buses affix black reflective tape to their bumpers Require authorizers of closed charter schools to: 1) be responsible for any overpayment due for tuition support; and/or 2) be responsible for unpaid Common School Loans Prohibit an operator of a charter school that closes to operate a new charter school for a period of five years Amend IC 20-24-7-9 to require charter school operators and authorizers to be bonded in the event the charter school closes Amend IC 20-24-7-4 to require charter school authorizers to retain half of the administration fee in escrow to cover the costs associated with the school closure Require charter school governing body to seek approval from the authorizer before entering into a Common School Loan agreement, with the authorizer required to co-sign the Common School Loan
@EducateIN
#BeInformed
@suptdrmccormick
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Riley Hospital Kids Caring & Sharing Update Be the Hope NOW: Charlie’s Story What a difference one year makes. On June 26, 2018, Charlie Smart was as sick as he had ever been. Bald, weak and unable to speak because chemotherapy had made his mouth too sore, he lay silently in his bed in the Riley Cancer Center. Everything went quiet and emotions flooded the room. As Charlie’s sister Lucy held his hand, her stem cells began flowing into his body through an IV. Her gift was Charlie’s best chance to beat his high-risk form of leukemia. And that’s exactly what he did. On June 26, 2019, the Smart family, their friends and Riley Hospital staff members gathered around Charlie as he rang the victory bell. His cancer is gone. His treatment is over. Then, they walked across to Riley’s donorfunded research facility, the Herman B Wells Center for Pediatric Research, and saw what it looks like when hope happens in the lab. Charlie and his family met cancer investigators including Sophie Paczesny, M.D., Ph.D., who are leading a biomarker study in which he is enrolled. “Charlie is alive because of research and the funding that goes into research,” said his mother Julie Smart. Her husband Joe added, “Often when you donate money to different things, you hope it’s going to a good cause. We got to see firsthand that donations are making a difference. The experience helped me understand better how beneficial donations are to the future of this horrible disease.” Kids like Charlie can’t wait. Please make your gift today at Donate.RileyKids.org/KCS. It’s also not too late to become a Riley Hero with a monthly recurring gift. Email a copy of your gift receipt to SMiles@RileyKids.org to receive your own Riley cape you can wear to show your support! Utilize the Kids Caring & Sharing Guidebook to Plan Your School Fundraiser! The KCS Guidebook is now available to help school plan and maximize their fundraising efforts. The KCS Guidebook and other resources can be found online at RileyKids.org/KCS. If you have any questions about the KCS Guidebook or the other resources found in the KCS Google Drive, please contact Susan Miles, Kids Caring & Sharing™ Officer at Riley Children’s Foundation, at SMiles@ RileyKids.org or 317.759.6951. Online Giving Now Available to Schools! Another way that schools can now maximize their fundraising impact is through online giving. If you are interested in setting up an online giving page where donors may make a gift using a credit card, visit Donate. RileyKids.org/KCS. • Create a main school page for your fundraiser. • Invite students and staff to create their own pages as part of the school’s “team.” • Share with your online network of family and friends. Contact Susan Miles (SMiles@RileyKids.org) with any questions.
Become a Kids Caring and Sharing school Visit www.KidsCaringAndSharing.org
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Platinum Corporate Sponsor
Standard For Success Featured on Public Television Exciting times for SFS! This summer we had the opportunity to participate in a Public Television documentary on teacher evaluation and feedback. The Information Matrix, hosted by Laurence Fishburne, featured Standard For Success in a series of interviews on the process of giving constructive feedback to teachers. The full-length program will be airing soon, with short commercials featured on Fox Business Channel, CNN, PBS, CNBC, MSNBC and Fox News. To view a three-minute excerpt, visit http://bit.ly/2NtB1oA
BETTER TEACHERS. BETTER STUDENTS. BETTER WORLD.
Standard For Success is the industry standard solution for teacher evaluation. An independent company, built and staffed by former teachers and administrators, Standard For Success delivers powerful, personalized software and services solutions that lead to better teachers, better students, and a better world. Learn more at StandardForSuccess.com, call us at 844-SFS-EVAL, or scan this code with your phone camera to schedule a demo.
Thank You to our Silver Corporate Sponsors:
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Secretaries Conference March 13, 2020
8:00am to 2:30pm Valle Vista Golf & Conference Center Greenwood, Indiana
Come and Let Us Celebrate What You Do For Our Schools!
♦ Secretary of the Year Luncheon ♦ Door Prizes ♦ Breakout Sessions and more...
Nomination Form
Register by going online at www.iasp.org Cost: $129 Save $30 by registering before March 1st!
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The Horace Mann/IASP Secretary Awards Recognize Your Secretary!
expectations...someone who goes above and beyond the call of duty...someone who you and your school can't live without? assistant for one of 5 awards that will be presented during the 2020 Secretaries Conference.
• Secretary of the Year • Above and Beyond Award
• Leadership Award • Service Award
• Compassion Award
The nonimation form is online at www.iasp.org The Nomination Period Ends February 21st!
Aspiring Principals Conference April 17-18, 2020 Indianapolis, IN
What is it? A unique opportunity for anybody considering a career in building level leadership. Facilitated by principal-practitioners, this two-day conference will expose participants to the special challenges and opportunities in this fast- paced role. Features include: ♦ Practical information ♦ Networking opportunities ♦ Access to outstanding leaders ♦ Interviewing Tips
♦ Resource materials ♦ Mock Interview ♦ Dinner/Breakfast/Lunch
Facilitators include: 2019 Principals of the Year ♦ Ashlee Bruggenschmidt, Sharon Elementary School, Newburgh ♦ Matthew Clifford, Greensburg Jr. High School, Greensburg ♦ Thomas Harmas, Carmel High School, Carmel Where is it? MSD Lawrence Township, 6501 Sunnyside Road, Indianapolis, IN 46236
Register Now First Name_____________________ Last Name _______________________ Tag Name ________________________ Position______________________ Email_________________________________________School DOE #_________ School____________________________________ Address _______________________________________________ City/State/ Zip______________________________Recommended by: (Principal’s Name) _______________________ Registration Cost (____) @ $199.00 – fee includes an IASP Aspiring Principals membership for the 2020–2021 school year! Method of payment: Check (payable to IASP) ____ Purchase order # ________________ Master Card/Visa_________________________________________ Exp Date______Billing Address_____________________________ _______________________________________________________ Signature________________________________________________ For directions or online registration visit our website at www.iasp.org Please return this form and payment by April 15, 2020 to: IASP 11025 East 25th Street, Indianapolis, IN 46229
Cancellation/ Refund Policy Refunds or credits will be given only for cancellations made in writing (mail, fax, or email) to Terilyn Hoke thoke@iasp.org no later than five business days prior to the conference date. Cancellations received within five days of the conference may receive a refund, less 50 percent to cover meals/administrative costs. No refunds will be given for “no shows” or cancellations received on the day of the conference.
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What If They Gave a Test and Nobody Came? by Dr. Michael Shaffer, Assistant Clinical Professor, Department of Ed Leadership, Ball State University
The idea hit me a few months ago, and has grown in my mind ever since. As a long-time principal and now assistant professor who teaches teachers becoming principals, and principals preparing for central office positions, I have witnessed the impact of our mad dash to testing that we had with A Nation at Risk, but really bloomed during the era of No Child Left Behind. Like many of you, I have not only presented hours of professional development on test preparation and “unpacking the standards” but I have also sat through countless hours of similar PD. As each “new” test arrived in response to, or in some cases prior to, “new” standards, I could feel the frustration growing in teachers who really wanted to do a good job, were not afraid of accurate accountability, and were eager to showcase what their students had learned and were able to do. I’ve watched textbook selection committees wander into the wasteland of “how does this line up with ISTEP (and later, iLearn)?” Like you, I have watched the test company websites to see if crashes had occurred or were imminent. I have heard the anger and the tears of students who were diligently attempting to answer the questions correctly, only to face a spinning hourglass that would not move on to the next page. Like you, I have talked with countless teachers about how to encourage students to “try really hard on this test because THIS one counts!” (even though all of the other tests that told us how we would do on the real test also really counted.) Side note: should we really have to tell students that “this is the Super Bowl of testing, it really matters!”? Like you, I have attempted to understand how the tests were scored by non-educators, and yet they were supposedly an accurate reflection of what had occurred in the classrooms of the building where I served where teachers were pouring their heart and soul into teaching the ever-changing standards [Indiana Academic Standards, Common Core Standards, and now Common Core Lite – AKA Indiana College and Career Ready Academic Standards] and wondering how this current batch would impact our students, our teachers, our school, and our district. It’s no wonder people are confused when the results come out, the cut scores are established, and NO ONE KNOWS WHAT THE RESULTS MEAN! My heart goes out to every Superintendent who has to stand in front of yet another microphone and crowd of reporters and try to explain why THIS set of results are not valid, don’t show our effort or achievement, and should not be used to harm our students, teachers, schools, or districts. So, being a child of the 60s and willing to admit it, I go back to a common protest theme that grew up in opposition to the Viet Nam war, which was taken actually from a Carl Sandburg quote, “Sometime they will give a war and nobody will come.” Protesters changed the wording a little to “What if they gave a war, and nobody came?” This brings me to my radical thought of the day, and hence the title for the article, “What if they gave a test, and nobody came?” Traditional public school teachers are living through the agony of what An Educator’s GPS (2019) referred to as the age of assessment, the horrific process that has been foisted upon schools for the last twenty years and has created a “pass or perish” (p. 97) culture that has literally changed everything for teachers and schools and students. So, I ask again, “What if they gave a test, and nobody came?” While this question sounds rhetorical, maybe, just maybe, it isn’t. The authors give a few ideas for policymakers which are probably more feasible than outright refusal to take the required tests. Here are a few: • Stop allowing ONE test, no matter how well made, to determine the success or failure of every student, teacher, school, or district. • Stop tying test scores to teacher bonuses or compensation in any form. • Properly fund traditional public education so that, rather than giving bonuses for testing success, teachers can be properly remunerated for the priceless service they provide our students. • Stop the narrowing of the curriculum that has come by eliminating subjects that are not tested. Even Einstein was reported to have said that not everything that counts can be counted, and not everything that can be counted, counts. Maybe the cost is too great, the political implications too grand, the idea just too radical for reasonable people to think. But then again, maybe we should be asking the question, “what if they gave a test and nobody came?” An Educator’s GPS: Fending Off the Free Market of Schooling for America’s Students. (2019) Rowman and Littlefield, Lanham, MD.
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Ball State Online
Brian Dinkins Ball State EdD Student
EdD student empowers schoolkids with hope. An educator who has worn titles such as principal, dean of students, and special education teacher, Brian Dinkins is now finishing his doctorate in educational administration (EdD) through Ball State Online. He says the program has transformed his outlook on the educational landscape and nurtured his capacity for leadership. That may be why he recently launched the National Institute for Child Empowerment (NICE). Through NICE he pursues his passion for mentoring students, while providing workshops for parenting and professional development for teachers. Also available: Specialist in Education (EdS) in School Superintendency. Fulfill Indiana licensing requirements for school superintendency with a specialized degree. Both EdD and EdS include online and on-site courses.
Contact Serena Salloum, associate professor of educational leadership and EdS/EdD advisor, today: sjsalloum@bsu.edu or 765-285-8413
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Spotlight on Service-Learning Put the FUN in FUNdraising by: Beth Smith, Consultant, INSPIRE3
Fundraising is a necessary reality in school. Educators, students, and parents sometimes shy away when they hear the word. As a former marching band parent, I became adept at raising funds for the band year-round. I admit it; the apprehension is real! As an integral part of service-learning, it is imperative that we overcome the apprehension and put the FUN back in FUNdraising. Service-learning has multiple benefits for students and is a ‘value-added’ teaching method. Incorporating service-learning into the existing curriculum allows teachers to integrate learning objectives for social and emotional learning, 21st Century skills, civic engagement, and employability skills while developing leadership skills and empathy. Students need to understand that along with being an active participant in service-learning, fundraising is a form of service-learning and is another way to have an impact on a community need. While we don’t want to encourage the idea that fundraising is the ONLY way to meet the needs in a community, sometimes fundraising may be the BEST way to effectively address a critical need. During recent natural disasters the Red Cross actually discouraged the shipment of material goods to victims and endorsed fundraising as the best way to aid the suffering. Not to mention, FUNdraising is FUN!! When choosing to fundraise to positively affect a need in the community, follow these guidelines to help students understand the importance of fundraising and how to fundraise in a meaningful way. • DO challenge students to think deeply about the problem or need. Have them research the problem and how the funds will be used to make a difference. • DO lead students to explore issues that contribute to the problem and to reveal issues of social injustice to help students generate various ideas for action. • DO consider how the idea for fundraising could be expanded to include advocacy, direct service or indirect service along with fundraising. • DO focus on the involvement and learning by students rather than on the amount of money that is raised. • DO have students research any organizations that will receive contributions to understand how the funds will be used and how much of the funds raised will go directly to those in need. • DON’T contribute to the potential for students to develop the idea that money is the only solution to issues or that only those with money can give. The Learning to Give website has lessons on effective fundraising and how fundraising is a form of service-learning. Before engaging in a fundraising project consider using these LTG lessons and resources. - Fundraising - Suitable for grades 6-12, this four-minute video clip and accompanying questions provide a glimpse of how fundraisers get excited about asking for money. - For grades 3-5 the LTG lesson, FUNdraising Goal, sets a fund-raising goal and identifies private sources of funds for a class service project. - For grades K-2 the LTG lesson, One Coin at a Time, has students design “Stop Hunger Buckets” for the purpose of collecting coins to donate to a nonprofit organization. Students in Indiana have a unique opportunity to FUNdraise for Riley Hospital through their Kids Caring and Sharing program. The Indiana Association of School Principals and the Indiana Association of Student Councils recognize Kids Caring & Sharing for Riley Hospital as an official fundraising priority. Kids Caring & Sharing offers students simple ways to help other children by fundraising for Riley’s pediatric research. Funds raised help Riley doctors and scientists search to find new treatments and cures for kid through cancer research, diabetes research, and research into many childhood heart, lung and genetic defects. There are endless ways school groups can raise funds to support Riley’s pediatric research programs, including: Spirit weeks, Penny wars, Jump-a-thons, Walks or runs, and Dance marathons.
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South Spencer High School student council members planned and implemented a servicelearning fundraiser called Color Run for Riley Children’s Foundation. They used Learning to Give lesson Creating a Passion for Philanthropy. The 3K Run/Walk involved three stations where Student Council members sprayed colored powder on the participants. The Color Run was a fun event to raise awareness and funds for Riley Hospital. The students learned about budget, funding, and philanthropy as well as the requirements for planning a large-scale community event.
Spotlight on Service-Learning Put the FUN in FUNdraising “The Riley Dance Marathon program in Indiana is Riley’s fastest-growing fundraising event program, with more than 60 high school and collegiate programs. By “dancing for those who can’t” for hours on end, college and high school students across Indiana raise millions of dollars each year for the children at Riley Hospital. Dance Marathon participants showcase the best attributes of their generation through their energetic dedication to helping kids.” Lauren Moore and Emily Garrett, Student Council sponsors and teachers at Castle High School in Newburgh, IN, used lessons from the Learning to Give unit Philanthropy 101 Course of The Westminster Schools as the foundation for their Riley Dance Marathon Activities service-learning project. Castle High School students hosted a dance marathon, where students selflessly stood for 7 hours, engaged the community, and had fun dancing while raising funds for Riley. Students also operated a concession stand at a local basketball tournament to raise money for Kids Caring and Sharing. Students can put the FUN back in FUNdraising for worthy causes while gaining valuable lifelong skills and empathy. Consider leading a student group in raising funds for a worthy cause. It makes a difference, and it is FUN! Connect with our INSPIRE3 program: Filling out this short form HERE will add you to our INSPIRE3 database and request updated information. See our INSPIRE3 page here on the IASP website under About and on the IMLEA website here. Our INSPIRE3 program also provides Indiana educators with free professional development to introduce them to free resources, assist with project ideation, service-learning/academic connections, and supports service-learning projects with our program’s mini-grants. Contact: Joan Belschwender, Director INSPIRE3 joan.inspire3@iasp.org for more information. Contact: Beth Smith, Educational Consultant INSPIRE3, for information about our program’s free professional development beth.inspire3@iasp.org.
NASSP Update
Every other month all NASSP State Coordinators are required to participate in a phone conference call with Greg Waples, director of advocacy for NASSP. Greg keeps us informed with important educational and legislative issues that impact our states. Time is set aside each call session to update NASSP with what is happening at the state level. It is interesting to hear similar concerns and challenges from states across our nation. We are not alone in our struggles. In addition to our phone conference calls, State Coordinators travel to Washington D.C. for our annual NASSP Advocacy Conference in the spring which include meetings and updates that influence our states educationally. Principals have asked how their voices can be heard at the national level and how to they can be advocates for their profession, school, and state. NASSP does an excellent job making it easy and painless to get involved. The following information can be found at the NASSP advocacy website - https://www.nassp.org/ advocacy?SSO=true. As the nation’s leading advocate on behalf of school leaders, it is NASSP’s duty to bring the issues of the principalship to the halls of Congress, the U.S. Department of Education, the White House, and the national news media. NASSP gives school leaders the information and resources they need to become effective advocates for their schools, their staff, and their students. Together, NASSP and school leaders nationwide play a vital role in crafting federal, state, and district policies that support the achievement and success of every student. It is critical that these decisions are informed by the experience and expertise of the nation’s school leaders. Here are just a few ways that you can get involved and start advocating for your school & students today: • Voice your concerns by emailing your legislators using the NASSP Policy and Advocacy Center website: https://www.nassp.org/policy-advocacy-center/ • Join NASSP’s Federal Grassroots Network to get monthly updates on education advocacy news Get an overview of Congress and today’s top education issues Attend the Advocacy Conference in the Nation’s Capital. Registration is now open. 11
Situation Briefs by Dave Emmert, Esq., Emmert School Consulting The following issues have been presented to this writer in the recent past by school administrators. The summary responses are shared to improve administrator recognition of problem areas and to give a brief legal background to assist in problem resolution. Consultation with the school attorney is very important because each situation is different and the law to be applied is more complex than what is revealed in these responses. This column is intended for informational purposes and should not be viewed as legal advice. Dave may be contacted on his cell at 317-432-4514 and on the web at davidjemmert@gmail.com.
Issue: Can anything be done (legally, discipline, reprimand, etc.) with the following scenario? I’m trying to not to react emotionally or drop to the level of a disgruntled staff member. -She is a negative person in the building and acts unprofessionally. -Most is hearsay (reported by other staff members) to me. ~Talking to staff saying that my AP doesn’t do anything. Doesn’t do any discipline or discipline enough. Kids can get away with anything. ~She recorded a meeting w/ my AP. Didn’t ask or notify us (I know this is legal to do, but can it still be seen as a lack of professionalism?) ~She says things that are borderline unprofessional/illegal about Ss. She will say that they are on something (implying drugs) ~not to us behind closed doors. She says this overtly to other staff, staff not pertinent to the child. She wants students drug tested who act out. She has said this in the presence of other staff. She even stated to a parent in a case conference that she thinks that their son is “on something”. I was mortified ~She rarely communicates w/ superiors. She goes around us, above us, or talks to others. Every time “we” have intervened with this staff member, she has become more and more vindictive. She has jumped our Teachers Association chain of command and called the uniserv director twice. She constantly reports us to our association president. All accusations have been discredited. The point in these is that we must proceed cautiously w/ her as she overreacts and goes on a smear campaign against administration. Is there anything there that can be addressed, or is that something we just have to ignore?
Response: I am glad you are proceeding cautiously. From what you have indicated, all her negative comments pertaining to the operation of your building, including students, have been made to other professional staff members, with the exception of the comment to the parent about the child “being on something.” As principal, you have obtained this knowledge from those who have learned of it either directly from the teacher in question or indirectly from other staff members, some of whom learned it directly from this teacher or from others who learned it directly from her, or from others who heard it from others. Despite this being secondary evidence in relationship to your knowledge base, it is a clear fact that other staff members, whether getting the knowledge directly or indirectly, are concerned and negatively impacted by this teacher’s comments to the extent that they have reported such concern as the principal of the high school. I trust that you have kept careful notes of what you have been told, including the date, time, place, and person who told you. It is evident that you have spoken to this teacher and have kept careful notes on what you informed her. I am unclear on whether you have expressed your concerns to her in writing, and whether or not the writing has set out clear expectations what she is to do to remedy the situation. Perhaps you are planning this as your next step following your email to me. Teacher speech rights under the First Amendment are governed by legal rules developed by four Supreme Court cases, Pickering, Mt. Healthy, Connick, and Garcetti. In addition, there is a Seventh Circuit teacher speech case, Mayer, that applied Garcetti, and ruled in favor of the Monroe County Schools (Indiana) decision to dismiss her because the court determined that she was not speaking as a citizen on a matter of public concern, but rather as a school employee in her role as an elementary teacher. Hence her speech was not protected by the First Amendment. My opinion based on your stated facts is that the entirety of this teacher’s comments to other staff members, as well as to the one parent, were made in her role as a teacher, and hence, were not protected under the Constitution. Therefore, she has no legal basis to challenge you legally on whatever plan you develop to deal with the matter as long as you follow any school procedures, are clear in your standards and directives, and consistent and clear in the decision that you reach if she fails, either intentionally or negligently, to follow the standards/ directive that you have set out for each stage of the process.
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Situation Briefs Issue: My question concerns responsibilities of school staff to supervise students assigned to an after-school detention. Staff volunteer to supervise these detentions. Notification is given to parents, either in writing or by phone call/in-person conversation, regarding when the student is assigned to detention, what time they will be released, etc. What responsibilities does the school, or the teacher supervising the detention, have if the parent is not present to pick up the child when the detention is over? Our School Board policy states the following: “Each professional staff member shall maintain a standard of care for the supervision, control, and protection of students commensurate with their assigned duties and responsibilities.” The phrase “standard of care” is rather vague, and I’m not sure if Indiana Code or case law (particularly negligence) would address this. We have had a few issues come up along these lines, and some of our teachers are looking for guidance. Response: The board policy is somewhat vague with reference to professional staff maintaining a standard of care commensurate with their “assigned duties and responsibilities.” It is one thing in regard to the staff member supervising the after-school detention room for the period of time it is in operation. But it is a totally different issue when the period of time ends, the lights are turned out, and the professional staff member’s duty to supervise that function is completed. Has administration made it clear that the staff member is to stay there for as long as a student remains? If so, then that would become an additional responsibility of the staff member and could last many minutes beyond the time the detention room closed. Of course, there becomes an issue of financial reimbursement for the additional assignment to stay there for as long as it takes for the student to be picked up. This would involve the collective bargaining process of course. I was once informed by a school principal many years ago that his school successfully arranged with the Sheriff’s Department a plan that if a student was still there after a brief period of time (I am thinking 10 minutes), the staff member would call the Department which would send an officer to take the child home, and the Department would charge a fee and bill the parent for payment. This would be made known in writing to the parent’s in advance so that they could not claim that they had no notice. Another possibility is to use school security for this purpose if they are still there and could supervise the student within the building. This gets difficult, however, because of possible charges of sexual harassment against the officer. (This is why I did not suggest that the security person drive the student home.) There would need to be a well-lit place for the supervision with either a second adult or cameras recording what went on in the room. Your aforementioned school policy would most likely be interpreted to mean that the staff person has the common law duty of reasonable or ordinary care with regard to the supervision and safety of the student. Under such a duty, a jury would have to decide if leaving a student unsupervised by the staff member’s departure after detention room duties were over that resulted in injury to the student was a failure to use reasonable or ordinary care. This would be a very bad situation for the school to be in and, hence, needs to be avoided with the development of a plan that provides ordinary or reasonable care for the safety of the student who is not picked up on time in this and similar situations. Further consideration should be given as to the legality of charging the parent a reasonable fee if the school pays the staff member to stay later until the parent arrives. Issue: In your material for the Principals’ Association’s 2019 Annual Conference, you referenced the recent Ohio lawsuit against the school that alleged improper interrogation of a ten-year-old student that asked about his religion, belief in God, and whether he loved America. Would you expand on this situation and cover what administrators and teachers need to be aware of in this regard to head off litigation? Response: Generally speaking, the fewer number of staff members who ask questions helps lower the risk of suit, and of those who do question or “interrogate” students, the more training the better as to the methods to use and what queries to avoid. A balancing legal test will be utilized to examine the importance of the government’s interest in relation to the constitutional interests of the student, where the younger the student, the higher his or her interests. Similarly, the greater the constitutional protections of the student (such as freedom of religion and personal privacy), the
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Situation Briefs higher the government’s burden to demonstrate a more compelling basis for its actions. In the Ohio situation, my information came from a news article where it appears that the initial “interrogator” was a student-teacher, who is unlikely to have yet had sufficient training. (The regular-teacher, who was also sued, later was involved in the questioning.) The reported “facts” came from the allegations made in the federal court complaint that the student-teacher first asked the child why he looked sad and then took him from class and inquired about his home life, religion, belief in God and heaven, whether he loved America, the school, and friends, and whether any relatives had died. The student-teacher also told the boy about her spiritual beliefs and views of heaven. It is alleged that her repeated questioning caused the boy to make an untrue statement about things not being right in his home. The suit also charged that both teachers told him that they were not stopping “until they heard what they wanted,” and therefore he made up a falsehood and said his mother used a belt to discipline him. The suit further alleged that school policy was violated when neither the principal nor the counselor was there during the questioning. Of course, if the case goes to trial, it will be the jury that determines the truth or falsity of the alleged facts. From the printed names of the plaintiffs, one can reasonably conclude that they came from a different nationality and religious background than the two teachers, as well as most Americans. In my opinion when applying the balancing of interests test to these facts, the student’s interests in free exercise of religion and personal privacy from probing questions about himself and family matters would outweigh those of the government school to repeatedly question him without first contacting and involving the parents on a reasonable course of action to take. Although the school has an important interest in the sound mental health of its students, the significance of this interest is lowered by the fact that he only looked sad on one particular day and there was no danger or other immediate necessity to investigate at that moment. In addition to the student’s constitutional protections involving free exercise of religion and personal privacy, he is protected by Indiana code, specifically IC 20-30-5-17(b), which states in relevant part: (b) A student shall not be required to participate in a personal analysis, an evaluation, or a survey that is not directly related to academic instruction and that reveals or attempts to affect the student’s attitudes, habits, traits, opinions, beliefs, or feelings concerning: (1) political affiliations; (2) religious beliefs or practices; (3) mental or psychological conditions that may embarrass the student or the student’s family; (4) sexual behavior or attitudes; (5) illegal, antisocial, self-incriminating, or demeaning behavior; (6) critical appraisals of other individuals with whom the student has a close family relationship; (7) legally recognized privileged or confidential relationships, including a relationship with a lawyer, minister, or physician; or (8) income (except as required by law to determine eligibility for participation in a program or for receiving financial assistance under a program); without the prior consent of the student if the student is an adult or an emancipated minor or the prior written consent of the student’s parent if the student is an unemancipated minor. A parental consent form for a personal analysis, an evaluation, or a survey described in this subsection shall accurately reflect the contents and nature of the personal analysis, evaluation, or survey. The protections in this code are implicated because the questions asked of this ten-year-old are not directly related to academic instruction and are an effort to involve his “attitudes, habits, traits, opinions, beliefs, or feelings” about “religious beliefs,” “mental or psychological conditions” that could embarrass the student or his family, or “critical appraisals” of those in the family with whom he has a close relationship. As a result, the school had a duty to get his parent’s written consent before questioning him. It is advisable for schools to have a written protocol concerning student questioning by staff so that it is clear as to what a particular staff member is to do. For example, some (like a student-teacher or other noncertified person) may not perform any questioning at all, while others would have clearly-delineated limited authority, but all of these would make a referral to a designated higher authority at school who would question further if 14
Situation Briefs deemed necessary. In the case of potential child abuse or neglect, all of these would have to make an immediate report to law enforcement or the state Department of Child Services followed by notice to school administration that such report had been made as is required by the Child Abuse/Neglect Law. This protocol should also have a training requirement that sets out who is responsible to implement it, how often it will occur, what employee groups are to be trained, and who is to file the records of each group that has been trained. A statement of when, by whom, and by what means the parent is to be contacted is advisable. It is also valid to have a statement that leaves it up to the reasonable discretion of the administrator as to whether or not to make such contact. A provision regarding the retention of a record of the interview is wise so that the questioner has guidance on what is expected in the way of documenting its occurrence. Issue: One of my colleagues at a neighboring school told me recently that her school corporation keeps a lawyer on staff. This lawyer told her there was a law passed in July of 2019 that designated schools’ video footage as public record. Supposedly this law makes it so that schools have to let parents view video footage if parent request to do so, even if other students are visible in the video. It was my understanding and the understanding of my superintendent that this would be a violation of the Family Educational Rights and Privacy Act. Have you heard of a new law that would override FERPA? Response: In my research I was not able to discover a new or amended code in Indiana or the U.S. that altered the state’s Access to Public Records Act (“APRA”), or the federal Family Educational Rights and Privacy Act (“FERPA”) regarding the right of the parent (or eligible student, who is defined to mean one of at least the age of eighteen) to inspect and review the education records of the child or the eligible student. What I did find, which I believe to be what your colleague’s lawyer was referring to, was the U.S. Department of Education’s Guidance Letter on the subject of the disclosure of videos (and witness statements) that contain images and/or information on more than one student. I emboldened the language that I thought would be more relevant to you and have attached it to this email. This federal interpretation of FERPA is just that, but it is not a court ruling. However, under FERPA’s procedure, anyone filing a complaint against a school must go through the federal D.O.E. first before filing suit, and hence, this agency would follow its own Guidance Letter in deciding whether or not the school violated FERPA. The federal Guidance concluded as follows: “[T]he District must provide the parents of a disciplined student (or the student if the student is an eligible student) with the opportunity to inspect and review the video so long as the video cannot be segregated and redacted without destroying its meaning. It does not appear to us that the District can segregate or redact the video without destroying its meaning.” This means that if the school cannot blur out, or otherwise remove, the images of other students in the video without harming/compromising the meaning of what occurred, the parent of a student (or eligible student) who is in the video, has the right to review and inspect it, therefore seeing the other students’ “education records,” and the school is not required to have to get the written consent of the parents of the other students who appear in the video (or the signature of the eligible students who are visible). I can confidently state that there is no Indiana code that makes images of students in such a video that contains their “education records” a public record for the media or anyone else to gain access to. This federal Guidance Letter merely interprets FERPA to give those parents (or eligible students) the right of access to review/insect your videos that are linked to the students in question who appear therein.
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