August 2014 OSSBA Journal

Volume XII • No. 4 • August 2014

NO MORE WALLS

Oklahoma Teacher A New Vision of the Year Steps Outside the Agenda Preparation Classroom The Changing Definition of Misconduct

Public Participation at School Board Meetings 2014 Legislative Highlights

Tentative Agenda • Conference Highlights Inaugural Dr. Bob Mooneyham Memorial Scholarship Golf Tournament A Publication of the Oklahoma State School Boards Association

Online Policy Program a service of the Oklahoma State School Boards Association

At this time the OSSBA will be offering a one-time reduction in the cost of placing your policy manual online. The first year fees have been reduced as follows: Policy Pages

Conversion Fee

Hosting Fee

Total Cost

<300

$1000.00

$700.00

$1,700.00

300 to 500

$1450.00

$1000.00

$2,450.00

501 to 700

$1,700.00

$1,300.00

$3,000.00

The reduced prices will save districts over $200 in fees associated with the placement of your school districtâ&#x20AC;&#x2122;s policy manual online. In future years, all the district would pay is the annual hosting fee. Please contact Julie Miller at juliem@ossba.org or call 888-528-3571 for more information.

Volume XII • No. 4 • August 2014

A New Vision......................................................................... 1

Competing Monologues..................................................... 12

Public Participation at School Board Meetings................. 2

2014 Legislative Highlights................................................ 13

Presidential Ponderings How Do YOU Make Decisions?..................................... 3

Board Member Spotlight: Dr. Floyd Simon, Jr................ 14

No More Walls: Oklahoma's Teacher of the Year Steps Outside the Classroom...................... 5 New Law Allows Parents to Change Custody Through Power of Attorney............................................ 7 School News from Around the Country............................ 8 OPSUCA Dollar$ & Sen$e: The Changing Definition of Misconduct................................................ 9 It's Policy: Agenda Preparation......................................... 10

OSSBA Partners................................................................... 20 The Conference 2014 Sneak Peek Tentative Agenda............................................................ 24 Conference Highlights................................................... 25 Keynote Speakers........................................................... 26 OSSBA Delegate Assembly........................................... 26 The Conference 2014 Registration............................... 27 Inaugural Dr. Bob Mooneyham Memorial Scholarship Golf Tournament...................................... 28 Oklahoma Education Rally................................................ 30

2014

Officers and BOARD OF DIRECTORS Willa Jo Fowler - President Enid

Dr. Floyd Simon, Jr. - President-Elect Clinton Mike Mullins - First Vice President Sand Springs Vacant - Second Vice President

Dustin Tackett - Immediate Past President Caddo-Kiowa Technology Center John D. Tuttle - NSBA Board of Directors Kellyville

The Oklahoma State School Boards Association offers services that support, safeguard and advocate for Boards of Education in order to improve public education.

OKLAHOMA SCHOOL BOARD JOURNAL Shawn Hime Executive Director and Editor Christy Watson Director of Communications and Marketing and Editor Kelly Ross Design Editor Official publication of Oklahoma State School Boards Association, Inc. 2801 N. Lincoln Boulevard, Ste. 125 Oklahoma City, Oklahoma 73105 (405) 528-3571 â&#x20AC;˘ (888)528-3571 toll-free (405) 528-5695 fax www.ossba.org ISSN 0748-8092

The Oklahoma State School Boards Association, publisher of The Oklahoma School Board Journal, reserves the right to accept or reject any material, editorial or advertisement submitted to the Journal for publication.

Advertisements appearing in the Journal do not necessarily reflect an endorsement by the OSSBA of the advertised materials or services.

District 1 Mike Ray, Guymon Roger Edenborough, Goodwell District 2 Terry Graham, Burlington Eva Martens, Fairview District 3 Willa Jo Fowler, Enid Cheryl Lane, Frontier

District 4 Mike Mullins, Sand Springs Ruth Ann Fate, Tulsa Cheryl Kelly, Broken Arrow District 5 Don Tice, Oologah-Talala Rodney Schilt, Adair

District 6 Dr. Dan Snell, Norman Frances Percival, Millwood Ron Millican, Oklahoma City District 7 John D. Tuttle, Kellyville Keith Sandlin, Shawnee

District 8 Brenda Barney, Wagoner Jere A. Gibson , Fort Gibson

District 9 Dr. Floyd Simon, Jr., Clinton Kurt Linstead, Weatherford District 10 Beth Schieber, Okarche Jackie McComas, Anadarko District 11 Donna Ronio, Lawton Karol Haney, Cache

District 12 Ed Tillery, Whitebead Pat LaMascus, Wynnewood District 13 Roy Justice, Mannsville Tony Hawkins, Madill

District 14 Dee Lockhart, Haworth Kevin Blake, Battiest

District 15 Dr. Joe Williams, Meridian Tech. Center Dustin Tackett, Caddo-Kiowa Tech. Center

I think a lot these days about vision. That’s in no small part to the Oklahoma State School Boards Association’s partnership with the Cooperative Council for Oklahoma School Administration on the visioning project.

I’m excited for those involved in the project’s development process to share more information about the direction of the project next month at The Conference and at regional meetings this fall.

Effective school boards commit to a vision of high expectations for student achievement and quality instruction and define clear goals toward that vision.

Effective school boards have strong shared beliefs and values about what is possible for students and their ability to learn, and of the system and its ability to teach all children at high levels.

Many of us in education do understand what needs to be done to improve education for Oklahoma children. We understand there are no shortcuts and no one-size-fits-all reform that will work. Through the visioning project, we’ll be challenging our policymakers at the state level to make better decisions, and we must provide them with better information to inform their decision-making. We also have to challenge ourselves.

Effective school boards are accountability driven, spending less time on operational issues and more time focused on policies to improve student achievement.

It would be easy to underestimate the important work of school boards as we move forward.

You’re volunteers. Many of you have day jobs and family responsibilities that rightfully take most of your time and energy. But we can’t ask others to rededicate themselves to our state’s students without making that same commitment ourselves.

Effective school boards are data savvy: they embrace and monitor data, even when the information is negative, and use it to drive continuous improvement.

Each individual school board member and each board collectively should consider whether they’re operating at the highest level possible.

Research from the National School Board Association’s Center for Public Education can inform each board member’s perspective on their readiness to embrace a new vision for public education. The center identified eight characteristics of effective school boards:

Effective school boards lead as a united team with the superintendent, each from their respective roles, with strong collaboration and mutual trust.

Effective school boards have a collaborative relationship with staff and the community and establish a strong communications structure to inform and engage both internal and external stakeholders in setting and achieving district goals.

Effective school boards align and sustain resources, such as professional development, to meet district goals.

Effective school boards take part in team development and training, sometimes with their superintendents, to build shared knowledge, values and commitments for their improvement efforts. continued on page 16 1

An issue that occasionally leads to controversy in a school district is how the school board addresses the issue of "public participation" at school board meetings. One thing to keep in mind while addressing this issue is the understanding that a school board meeting is a meeting of the public body held in public view. It is not a meeting held to receive public input. School boards do have meetings to receive public input on specific issues. However, for the most part, school board meetings are business meetings to conduct the business of the school district.

At sometime during the school year, your school board may receive a request from a parent or member of the community to speak at a board meeting. When you have a member of the community who wishes to speak at a board meeting, there are several ways you can handle that request, usually by referring to your district’s policy on the matter. It is important to note that people do not have a right to speak, or otherwise participate, in board meetings.

Do people have a right to speak at school board meetings?

No. Most members of the community assume that because a board meeting is a public meeting, they have the right to speak at it. Members of the public 2

do not have the right to speak or make comments during a meeting of a public body. They have the right to be present and observe the meeting, but not the right to be heard. In Minnesota Board for Community Colleges v. Knight, the United States Supreme Court held that the First Amendment does not grant members of the public a right to be heard by public bodies making public policy decisions. In that case, the Court stated : Policymaking organs in our system of government have never operated under a constitutional constraint requiring them to afford every interested member of the public an opportunity to present testimony before any policy is adopted. Legislatures throughout the Nation, including Congress, frequently enact bills on which no hearings have been held or on which testimony has been received from only a select group. ... Public officials at all levels of government daily make policy decisions based only on the advice they decide they need and choose to hear. To recognize a constitutional right to participate directly in government policymaking would work a revolution in existing government practices.

In light of this opinion, the Oklahoma attorney general has at least twice rendered an opinion on this same issue in opinions 1998 OK AG 45 and 2002 OK AG 26. Thus, the legal fact is that boards of education do not have to allow members of the public to speak during meetings.

Sometimes members of the board of education may wish to ask questions during the discussion of an item that is specifically listed on the posted agenda.

For example the item on the agenda is “Discussion and possible board action with regard to the student dress code policy” and a member of the board of education would like to ask the principal or audience member in attendance at the board meeting a question about the student dress code policy. There is nothing in the law that would prohibit the board member from asking that question. The asking of a question about the specific listed item would not violate the Oklahoma Open Meeting Act. It should be noted that a board member asking a question about an agenda item that is specifically listed is much different from someone in the public speaking under public comment. When only “public comment” appears on the agenda, the public would not have advance notice of the subject matter that is going to be discussed. As a result, continued on page 18

Presidential Ponderings

Every day we make hundreds of decisions. Some decisions require little intentional awareness and seem to be made almost automatically. (For me, choosing between chocolate and vanilla anything is a no-brainer- I always choose chocolate!) Other decisions require varying degrees of difficulty and analysis. Fortunately, we do not need a lot of information to make many of our daily decisions.

However, as school board members, the stakes can be extremely high when we make decisions affecting the lives of our students and the success of our school district for years to come. Choosing well takes knowledge and skill.

So, how DO you make decisions affecting your district?

Opportunely, we have access to many strategies that can help us make informed, logical, forward-looking decisions. Often, school board members ask their superintendent for a recommendation. This is, of course, part of the superintendent’s job. It is helpful to the board members in their decision-making process for the superintendent to also discuss the other options under consideration before coming to a recommendation. The members may have thought of additional options to consider. Each board member looks at and evaluates a situation from his or her own perspective, based on knowledge and experience.

When making a decision, do you consider how it matches your district’s goals or mission statement? Do you place it in order of priorities you have established (either as an individual

or as a board)? Have you carefully analyzed the pertinent background information and done the research necessary to make an informed decision? Have you looked at both your shortand long-term goals, as well as the short- and long-term effects your decision would have on your district? Some decisions are easier to make when you simply ask, “What is best for students?”

Have you thought about the process you use when making an important decision? Do you rely on a “gut” feeling, or does your intuition guide you, or is it emotion? Clearly, we may use any or all of these at some time, but when deliberating more crucial issues, there is no room for trial and error. Using higher-level thinking skills (as we want our students to do), reasoning, making connections, evaluating options, realizing the benefits of short term sacrifices to ensure greater gains later, assessing risk, anticipating change and conducting thorough research (possibly using OSSBA to help) are all skills that will help make you more and more effective and valuable as well as confident decision maker.

Do you agree with Dr. Martin Luther King Jr.’s statement, “Nothing pains some people more than having to think”? n

Willa Jo Fowler was elected as President of OSSBA at the Delegate Assembly, Aug. 24, 2013. She is a board member from Enid Public Schools and serves as the District 3 Director for OSSBA.

3

Peter Markes

Age: 35 Wife: Kris, general manager, Oklahoma City Philharmonic Children: Patrick, 6; Vincent, 3 Education: Bachelorâ&#x20AC;&#x2122;s degree in music with emphasis in violin and guitar, Oklahoma City University; pursuing masterâ&#x20AC;&#x2122;s degree in secondary education, University of Central Oklahoma Teaching assignment: Orchestra director, performing arts department chair, AP Music Theory, Edmond North High School; 8th grade orchestra co-teacher, Cheyenne and Sequoyah Middle Schools.

Years experience: 13 Other: Conductor, Oklahoma Youth Philharmonic and Oklahoma Youth Orchestra Chamber Ensemble

4

No More Walls Christy Watson, OSSBA Director of Communications and Marketing

Oklahoma Teacher of the Year Steps Outside the Classroom This time a year ago, Peter Markes was a music teacher. An accomplished violinist, he was well known on the local orchestra scene and in the small world of band and orchestra directors.

The swish of his baton commanded beautiful music from his students at Edmond North High School. His classroom had walls – of the literal and figurative variety.

Much of that changed Sept. 17, 2013, when state schools Superintendent Janet Barresi announced Markes as the Oklahoma Teacher of the Year. Now, his classroom has no walls. No matter where he finds himself – at church, at the grocery store or at the state Capitol – he’s teaching. He’s often talking about the value of music education. On other days, he’s talking to teachers about being leaders. The world is his classroom. And that’s because he understands much better than a year ago the battles facing public education aren’t lost or won in the place teachers are most comfortable – their classroom. That’s what brought him to the steps of the state Capitol.

“Our legislators are failing to help us in our need, and yet they have an abundance of resources available to them. It is embarrassing to tell our colleagues from around the nation that we have $300 million of possible oil tax revenue, and we are still the 49th state in education funding. We all know how grading works…49th is just a coward’s way of not making us 50th. “

In his year as Oklahoma’s top teacher, said. “But then I would just ask to be Markes traveled less than he thought he sent to the classroom of the best teacher would. He spoke with local community in the building. I wasn’t evaluating groups across the state, highlighting the anyone. It was just fascinating.” value of music education. He spoke to future teachers, too.

“We’ve all watched legislators pretend to feel sorry for us and try to ease their He talked of his frustration at own guilt through educational grants receiving notes sent home from his and foundations. But why should we child’s elementary school, only to have to take our time to fill out an discover a major typo within the application, jump through hoops, first eight seconds. He’s adamant just to obtain the meager funds and that members of the profession materials that should be available for he loves have work to do to attain the asking? They are making a choice, the professional stature they seek, and many of our elected officials are unfair as the criteria might be. choosing on the wrong side of history.”

“You can’t lead others until you lead yourself,” he told them. “How you look, how you speak and how you write … that’s the face of education.” Markes spent hours and hours in the classrooms of other teachers. The visits made some of his peers nervous.

“I’d be traveling to all of these schools and spend part of the day working with the orchestra,” he

Not long after being named Oklahoma Teacher of the Year, Markes accompanied a former winner to a meeting of education and business leaders discussing the future of public education in Oklahoma. He was stunned.

“That was when I developed a deep understanding of money and what it takes to effect change. It’s both affirming continued on page 6 5

No More Walls continued from page 5 and heartbreaking.” In the room were CEOs of major corporations taking serious interest in the education system.

They even wanted his thoughts.

“It’s really incredible to know they want to be part of improving the system and were asking how to help.”

He also spent two days at the state Capitol, introducing himself and learning more than he bargained for about the politics of education.

“It was discouraging. But at the same time, I realized how important it is to understand what’s happening and how politics works.”

He wrote his first letter to a political official – an email asking his representatives to reconsider tax breaks for oil and gas companies.

taught him much about the ways teachers attempt to gauge their students’ level of understanding.

Some asks students to use a number scale, rating their level of understanding of the topic of the day on a scale of one to five. Others use a thumbs up or thumbs down. He took pictures of wall decorations he liked.

Markes plans to turn those ideas The trek through the Capitol corridors into curriculum and into lawmakers’ officers was for his students intimidating at first. Then Markes had a as he makes his realization: Good teachers are very busy way back to the doing what they do best and simply don’t classroom. He prioritize communication with their only spent about elected officials.

20 days with his own “The few courageous people still students entering our honored profession have last school Oklahoma Teacher of the Year Peter Markes speaks during the few of their needs met, and over one year and Oklahoma Education Rally, March 31, 2014. Markes teaches at third of them leave the classroom handled Edmond North High School. within three years. We do not receive the change a living wage should we choose to OK until they were reunited. said. “I didn’t affect any policy, but I don’t raise a family. Many of us are unable feel like I spun my wheels either. I feel to teach with the same passion that “When you’re busy and engaged like I empowered a lot of people. And I’m brought us into this profession because in good work, it’s easy to a better teacher.” n we are forced to dust over creativity compartmentalize. What I love and deep thinking. We are expected is being with my students, to teach more, diverse students with a whether it’s in a social setting “Remember, we are the practitioners fraction of the resources, and our crops or in class. After being with of education. Nobody understands are failing; the laborers are leaving them, I’d be so mopey at night. the challenges and successes of the field. I have two young boys, and I I just missed them.” teaching more than a teacher. We think even they would understand the are the ones who must share positive absurd economics we are facing. I am Those days are now behind stories and creative solutions with saddened that we are building their him. And to the present and our legislators. Teach them about the future on this plan.” future, he brings with him the passion and influence that you have wise words of former national every day in your classroom. Lead On Markes’ laptop is a 15-page teachers of the year. “They said it’s them to understand that teachers are document titled simply, “Ideas I Like.”

OK if all you do at the end of your the future.”

His travels to classrooms statewide year is become a better teacher,” he 6

Stephanie Mather, OSSBA Director of Legal Information and Staff Attorney

I wrote an article for the September/October 2012 issue of the Journal concerning residency of students for school purposes. In that article, I pointed out that the residency of a student is generally the residency of the parent or legal guardian, pursuant to 70 O.S. § 1-113(A) (1). Attorneys have uniformly advised that legal guardianship can only be conferred by a judge, and a power of attorney not signed by a judge does not change residency.

It was also recognized in that article that many students are not living in traditional family homes because of divorce, poverty, absence of parents, etc.

Recognizing changing family circumstances and the fact that parents many times do not have the resources to hire a lawyer to go to court to change guardianship or do not desire a permanent

change of guardianship, our Legislature has now passed a new law. House Bill 2536 was signed into law by the governor on April 28, 2014, and is effective as of that date.

The new law provides that a parent or legal custodian of a child may delegate to another person, for a period not to exceed one (1) year, any of the powers regarding the care and custody of the child, except the power to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child. This may be done by a properly executed power of attorney substantially in the form provided in the law.

The law does specifically state that the delegation of powers over the child “shall not deprive the parent or legal custodian of any parental or legal authority regarding the care and custody of the child.”

The power of attorney in the new law specifically addresses educational issues and school enrollment, and gives the holder of the power of attorney authority on those issues. In this regard, the form set out in House Bill 2536 clearly states: “I delegate to the attorney-in-fact all of my power and authority regarding the care, custody continued on page 23

7

Christy Watson, OSSBA Director of Communications and Marketing

Maryland pledges teamwork on stronger educator evaluations

The Maryland Association of Boards of Education is working with other education groups to strengthen educator evaluations. In a written agreement, the groups pledged to ensure effective implementation of the evaluation system. The agreement includes professional development and creation of a network for collaborating on evaluation. It champions local flexibility but also emphasizes the importance of consistency. Maryland plans to begin using test scores in its educator evaluations in 2016-2017 as part of a three-year rollout in coordination with new college and career readiness standards and tests.

Illinois considers new school funding formula

Illinois is rethinking the way it funds local schools. The conversation includes creation of a single funding formula that is more equitable and simple for districts and that would prioritize districts with greater financial need. The proposal also would require districts to collect and make available school-level spending data. Some critics say the larger issue is overall low funding for public education, which they say comes up about $5 billion short annually.

The importance of Mom

NSBA concerned about new nutrition rules The National School Boards Association is asking Congress and the U.S. Department of Agriculture to allow schools flexibility when it comes to new mandates on school meals.

The Healthy, Hunger Free Kids Act is designed to make sure students receive more nutritious food during the school day.

However, schools are concerned about new reporting and compliance requirements.

“School boards across the country know the importance of a healthy school meal,” said NSBA President Anne M. Byrne.

“Our schools see many students who do not get good nutrition at home and do not have a steady and dependable supply of healthy foods.”

The NSBA is seeking: • Completion of the USDA’s school nutrition and meal cost study before implementing new food standards.

• Implementation of the standards be cost-neutral for school districts and free of unfunded mandates.

• Local flexibility to establish policy and practice for all programs and services, including the ability of districts to decide how often to exempt school fundraisers from the food standards in compliance with the local school wellness plan.

A new study drives home the idea that a mother’s level of education impacts far more than her child’s education outcomes. It also affects her child’s health. Researchers determined better-educated women understand disease prevention from vaccines to mosquito nets, reported the Washington Post. "The finding is not surprising, but the magnitude is impressive," Al Bartlett, a child health expert at the U.S. Agency for International Development, told the newspaper. "It clearly justifies what many have been saying for a long time - that one of the investments we need to make is girls' education."

8

OPSUCA Dollar$ & Sen$e

Jessica Sherrill, Director of OPSUCA (Unemployment) and OSSBA Staff Attorney

The Changing Definition of Misconduct

Picture a 25-year-old taxicab driver working in Wisconsin in 1939. Walter Neubeck's unemployment claim set the national standard for misconduct.

Since then, nothing has changed about that standard until now.

Walter worked for Boynton Cab Company and was discharged after having three car accidents and overcharging a passenger 15 cents on one occasion - all within 8 weeks.

He filed for unemployment and was allowed benefits. The Supreme Court of Wisconsin affirmed but also laid down the law — literally — on what is considered misconduct. Most other states followed Wisconsin’s lead.

under this standard, and so they lobbied to put a new definition in law. This tide of change began in November 2013 when the definition of "misconduct" took effect in statute with a noninclusive list in 40 O.S. §2-406(B), which states as follows:

The intended meaning of misconduct is limited “to conduct evincing such wilful or wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which the employer has a right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional or substantial disregard of the employer's interests or of the employee's duties and obligations to his employer.” Boynton Cab Co. v. Neubeck, 296 N.W. 636, 640, 237 Wis. 249 (Wis. 1941).

B. "Misconduct" shall include, but not be limited to, the following: 1. Unexplained absenteeism or tardiness; 2. Willful or wanton indifference to or neglect of the duties required; 3. Willful or wanton breach of any duty required by the employer; 4. The mismanagement of a position of employment by action or inaction; 5. Actions or omissions that place in jeopardy the health, life, or property of self or others; 6. Dishonesty; 7. Wrongdoing; 8. Violation of a law; or 9. A violation of a policy or rule adopted to ensure orderly work or the safety of self or others.

If you are familiar with misconduct and unemployment, you likely find these words to be very familiar as they were regurgitated in the Oklahoma standard set out in Vester v. Board of Review of OESC, 697 P.2d 533 (Okla. 1985).

To state it bluntly, some Oklahoma employers were tired of not winning

This definition still encompassed the heart of misconduct, which is the disregard of employer expectations. It allowed the Oklahoma Employment Security Commission to find misconduct even when an instance arose outside of the statutory list. However, on Nov. 1, 2014, our definition will be reduced by

the enrollment of House Bill 2505 to: B. Acts which constitute misconduct under this section shall be limited to the following: 1. Any intentional act or omission by an employee which constitutes a material or substantial [breach] of the employee's job duties or responsibilities or obligations pursuant to his or her employment or contract of employment; 2. Unapproved or excessive absenteeism or tardiness; 3. Indifference to, breach of, or neglect of the duties required which result in a material or substantial breach of the employee's job duties or responsibilities; 4. Actions or omissions that place in jeopardy the health, life, or property of self or others; 5. Dishonesty; 6. Wrongdoing; 7. Violation of a law; or 8. A violation of a policy or rule enacted to ensure orderly and proper job performance or for the safety of self or others.

Therefore, misconduct will be confined only to what is found on this list.

Alternatively, if it's not on this list, it's not misconduct. At OPSUCA, we anticipate employers will need to ensure continued on page 17 9

It’s Policy

O

ne of the most common dilemmas with which a school board deals is agenda preparation for a school board meeting.

This is an issue that should be addressed via board policy. The Standards for Accreditation of Oklahoma Schools provide that the superintendent, in cooperation with the board of education, shall prepare an agenda that is in compliance with the Oklahoma Open Meeting Act. Quite often, the preparation of the school board agenda is a matter left for the superintendent and board president to oversee. In some cases, the school district’s retained legal counsel may prepare the agenda for the school board meeting. It should be understood that the board meeting agenda is the agenda for the “business” of the school district. Whether or not the public may request an item be placed on an agenda for discussion and board action is an issue that can be addressed in the school district’s agenda preparation policy. It should be noted that the public cannot legally request an executive session and that the Oklahoma Attorney General issued a formal opinion providing that the board cannot meet in executive session to hear parental complaints or grievances unless the board is considering suspension of a student. A.G. Opinion 82-209. If a parent wishes to address the board of education, the discussion may be conducted in open session only if the district’s policy provides an opportunity for public comment and/or the policy allows a parent to request a specific agenda item be placed on the posted board agenda.

The agenda cannot legally be amended 10

Julie L. Miller, OSSBA Deputy Executive Director and General Counsel

at the school board meeting. This is very important. The agenda must be finalized twenty-four (24) hours prior to the meeting (this period of time excludes weekends and state holidays).

To try to amend the agenda on the day of the meeting or after the twenty-four hours window for posting has begun could be prosecuted as a violation of the Oklahoma Open Meeting Act. A typographical error as to the time, date, or place of the meeting would be a “fatal error,” meaning the meeting could not legally be held. However, if the items on the agenda are not in alphabetical order and item B is missing, that is not a fatal error and the meeting can be held. The minutes would merely reflect that there was no item B listed on the agenda.

From a legal perspective, so long as an agenda is prominently posted in a public place for a full 24 hours excluding weekends and state holidays in advance of the scheduled meeting, the Oklahoma Open Meeting Act’s “notice” requirements will have been

met. 25 O.S. § 311. In addition, a separate body of Oklahoma law requires that the agenda for all regular meetings be posted on the school district’s web site. 74 O.S. § 3106.2. The referenced law provides that the agenda should be posted for any special or emergency meetings, “when reasonably possible” to do so. All of the members of the board of education should have a personal interest in making sure that the requirements of the Oklahoma Open Meeting Act have been met with regard to any scheduled meeting of the board of education. This is very important as the members of the board of education have personal criminal liability that would attach should the Open Meeting Act be violated. Oklahoma law specifically provides that “any person or persons willfully violating the provisions of [the Open Meeting Act] shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding Five Hundred Dollars ($500) or by imprisonment continued on page 16

Agenda Checklist 1. Does the agenda identify the name of the public body that is meeting?

2. Does the agenda identify whether it is a regular or a special meeting?

3. Does the agenda specify the correct date for the meeting?

4. Does the agenda specify the correct time for the meeting?

5. Does the agenda specify the location, including room, for the meeting?

6. Was the agenda posted 24 hours in advance of the meeting in an area where the public could view the agenda for all 24 hours in advance of the meeting? (24 hour time frame excludes weekends or holidays) 7. Is the meeting agenda posted on the school district’s web site?

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11

The Collective Bargaining season is upon us. Will unions and boards be communicating with each other, or just talking at each other? This is a fundamental question that, when answered and implemented, shapes the process of negotiations at the local bargaining table, and often shapes the relationship the parties will have throughout the school year.

Often one party or the other, or both, decide to come to the bargaining table with a pre-planned position, then, instead of explaining the position and the rationale behind it, the bargaining team chooses to simply state and restate the final outcome that is desired.

This style of bargaining is more often used by local employee unions than by administrative/board bargaining

teams. Quite often, employee unions will survey their members with leading questions:

table with hard and fast proposals and fight for these positions throughout the bargaining process.

•

“Would you like more time for lunch?”

•

“Would you like fewer faculty meetings?”

•

“Would you like to not have non-classroom duties such as supervising the playground during recess?”

•

“Would you like smaller classes and higher salaries?”

This style of traditional bargaining results in competing monologues rather than the effective communication needed to address concerns. If, for example, a union demands that “there shall be no more than one (1) faculty meeting per month and that meeting may not last more than thirty (30) minutes in length,” refuses to consider any alternative proposal, and repeatedly comes back to its original demand, there will be little chance for a resolution.

Of course the answer to each and every one of these leading questions is, “Yes.” Armed with the survey results, some unions approach the bargaining

Michael Barlow, Barlow Education Management Services

12

A more modern and productive approach would be to place on the bargaining table the issue of the number and length of faculty meetings without proposing specific solutions.

Then, throughout the bargaining process, the union can present its rationale for raising the issue and meaningful dialogue can result as the rationale is examined and matched with whatever rationale the school district administration would offer to explain the need for faculty meetings. continued on page 17

2014

Legislative Highlights

The 2nd Session of the 54th Oklahoma Legislature officially adjourned Sine Die on May 23, 2014. The Governor had 15 days after adjournment to take action on legislation. This update is not a comprehensive list of all educationrelated legislation. Please refer to Oklahoma State Legislature's website at www. oklegislature.gov or the Secretary of State's website at https://www.sos.ok.gov/gov/ legislation.aspx for a complete list of enrolled legislation.

The OSSBA annual Legislative Review booklet will be available at the OSSBA/ CCOSA Summer Conference this August.

Rooney Virgin, OSSBA Legislative Advocacy and Staff Attorney Appropriations and Budget SB 2127 by Sen. Clark Jolley General Appropriations Bill. Common Education received an increase of $79,250,000 for a total appropriation of $2,486,854,082. Half of the $79 million is going to FBA, the other half directly into the funding formula.

Supplemental - $25.5 million for ad valorem reimbursement to school districts for ad valorem tax lost due to exemptions granted by the Legislature.

Mandates HB 1378 by Rep. Emily Virgin requires CPR and Defibrillator training to be given one time to a student between 9th and 12th grade. This training can be given as part of any class or curriculum.

The bill identifies who may provide the training, such as local police and fire departments. Effective 11/1/14.

SB 1143 by Sen. Rob Standridge requires the pledge of allegiance to be recited once a week in public schools.

Effective 7/1/14.

Parents HB 1384 by Rep. Sally Kern creates the Parents Bill of Rights, which includes the right to review instructional materials and opt a child out of certain instruction. Effective 11/1/14.

Liability Issues/ Safety Issues HB 2338 by Rep. Larry Glenn states any individual, business, church or

school that renders emergency care, aid, shelter or other assistance during a natural disaster or catastrophic event shall not be liable for damages resulting from the rendering of emergency care, aid, shelter or assistance unless the damage was caused by the gross negligence or willful or wanton misconduct of the individual or entity rendering the emergency care, aid, shelter or assistance. Effective 11/1/14.

SB 1295 by Sen. Ron Justice allows school districts to determine amount of student involvement in intruder drills.

Effective 7/1/14.

HB 1623 by Rep. Kay Floyd makes optional the adoption of a policy regarding suicide awareness, training and the reporting of abuse by the local school board. Effective 5/28/14.

Contracts HB 3251 by Rep. Fred Jordan modifies notice and bids for contracts in an emergency situation. Public entities are not required to comply with provisions of the Competitive Bidding Act in emergency situations for contracts less than $75,000. Previous statutory amount was $35,000. Effective 11/1/14.

Weapons HB 2496 by Rep. Dennis Casey allows on school property a gun, knife, bayonet or other weapon in possession of veterans group, national guard, active military, ROTC or junior ROTC if part

of ceremony approved by school official.

Effective 11/1/14.

HB 2614 by Rep. Steve Martin allows handgun to be stored in locked car on school property. Effective 11/1/14.

Students HB 2536 by Rep. Jason Nelson permits parents to execute a power of attorney to delegate care and custody of their child to another person. The power of attorney would suffice under this law as proof of residency of a child for purposes of enrolling in the local school district. Effective 4/28/14.

SB 1377 by Sen. Susan Paddack requires psychiatric care facilities to notify local/resident school district if student is placed in the facility for purposes of beginning educational services for that student. It extends from seven to 11 days the time in which notification must be made. It directs onsite educational services to be provided to minors "requiring psychiatric treatment as defined by Title 43A" beginning on the 11th day. Effective 7/1/14.

Teachers / Employer/ Employee Issues HB 2548 by Rep. Nelson allows a non-native-English speaker to be given the subject area test in his/her native language if he/she is to be employed as a teacher in a foreign language immersion continued on page 21 13

Board Member Spotlight Dr. Floyd Simon, Jr., Clinton Public Schools

Dr. Floyd Simon Jr., a longtime school board member from Clinton, is the president-elect of OSSBA’s board of directors. He will ascend to the presidency this month.

How did you get started with your school board service?

How has Clinton schools changed during your years of service?

I grew up in Clinton and felt like I received a first-rate education here.

Historically, Clinton Public Schools has had some really good leadership in our schools. I had four young children and thought about running in 1989 but decided against it when a neighbor wanted to run. The superintendent at that time had been a coach and teacher of mine and really became a friend.

We had some discussions about me running for school board. When a vacancy came up in 1990 because my neighbor moved, the board appointed me. I then ran to complete the term, which had four years left.

Technology is really incredible. We have iPads in the hands of every one of our students, and that’s been tremendous for us as a district and for our students. We’ve had a history of good financial management and were able to provide that technology without bond issues.

We’ve always been a very diverse school, and that’s been a strength for us.

Board members often find living at the policy-making level difficult. How have you faced that challenge?

The only time a school board member has any authority whatsoever is during

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board meetings. I have no more authority than John Q. Citizen does to walk up to the school and tell them what to do. If I get a call or inquiries, I will listen and I will forward them to the proper chain of command. It might eventually become a board issue.

But we hire a great superintendent, we hire great principals and we hire great teachers. They are supposed to handle those situations, and if they can’t, it may get to the board level.

I’m a dentist. I take very seriously my role as a school board member even though it’s a volunteer position. But I don’t run the day-to-day business of Clinton Public Schools. I get calls, and there have been issues that come up where I’ve had friends mad at me and relatives mad at me. You have to do things right and handle things right for your school. With four kids, there

Christy Watson, OSSBA Director of Marketing and Communications

are issues for me even. You have to keep in mind separating being a parent from being a school board member.

It’s difficult, but you have to. You have to keep in mind why you serve on the school board, and it’s not and shouldn’t be for self-service. Sometimes you do have to do look out for your child’s own interest. People often think the children of school board members have some advantage, but I actually think it’s more difficult for them than it is beneficial.

What is the most common topic you hear about from parents in your community?

Generally, it’s extracurricular activities, whether it be over a sporting event or cheerleading or band. It’s less so about algebra or English. People aren’t calling me up about math.

Why should someone consider running for school board?

You always need quality people who have vested interest in your community and want to serve and want to continue perpetuating an outstanding school system, understanding that it takes time and sacrifice.

It’s very important we have good people leading our schools. Local control is the key for successful schools and for successful education. I don’t believe it’s the federal government’s responsibility. I don’t believe it’s the state’s responsibility. I believe it is a local issue, and when parents get involved with schools, that’s when you have success.

You need to make sure you have the support of your spouse. Board members face a lot of scrutiny, and

sometimes the spouses deal with just as much.

What advice would you give to first-time school board member?

I would tell him or her that you are a board member only at board meetings.

You have no authority outside of a board meeting. You always need to understand the chain of command in a school, and that it will operate much more efficiently if you let the superintendent do his or her job. You only have one vote, and you only have one voice. You need to make sure your voice is heard, certainly. You set the policies and if board members aren’t happy with the superintendent, the board may need to find a new one.

What’s your favorite part of serving on the school board?

When I go up to the school and watch the kindergartners and first graders interact on iPads, I love seeing their excitement and how thrilled they are with being able to learn. It’s special, too, when kids graduate from our schools and are academic all-staters.

I see students who may start out at a low level but watch them grow and be successful and graduate college.

I don’t teach them. I’m not in the classroom. But I get to see all these things we put into play whether it’s building new classroom or buying technology and see how it affects them.

To see the end result is amazing. We get to see our kids go out into the world and be contributing citizens.

We want them to be well educated to make them productive citizens no

matter what endeavor they choose.

They’re not all going to be rocket scientists or brain surgeons. Many people are going to be average Joes like me. They’re going to go out and earn a living like me. They are going to be productive citizens who contribute to society and aren’t a drain on society.

What’s your greatest concern about education?

There are many issues right now, including academic standards and testing. I believe you have to have evaluation. You have to assess how schools are performing and how kids are doing. But we’re testing our kids to death. If you look at the number of hours our kids are testing, you’re taking away teaching and education time. We have to have a better way to assess our kids.

You’ve got people smarter than I am … who were saying the A-F evaluations we are using are not valid and not giving a true assessment of how kids and schools are doing. I think anyone in the school business — teachers, administrators, school board members — we want our schools to perform and our kids to receive the best education possible. It may not be the same for every single school. Everything that may work in Clinton may not work in Putnam City. You’re dealing with different dynamics.

We need more custom education programs to evaluate how each student learns and custom tailor their education program to fit their needs.

You need to know how to read well, speak well and write well. If you can do those things, and critically think, you can succeed no matter what you do. n 15

Vision continued from page 1

Agenda continued from page 10

At OSSBA, much of our training for school board members is focused on what board members need to meet continuing education requirements.

That’s critical, and yet, it’s not enough.

in the county jail for a period not exceeding one (1) year or by both such fine and imprisonment.”

25 O.S. § 314. This punishment would not apply to either the minutes clerk or the superintendent, as neither are members of the board of education.

In addition, during the 2014 session, the Oklahoma Legislature passed a law allowing any citizen to sue the school district for a violation of the Open Meeting Act. The citizen will be awarded attorney fees and costs if the citizen prevails 25 O.S. § 314. This could be a large expense for the district.

As the policy making body for local districts, moving forward in a way that will produce improved student achievement will be hard work. Some districts are further along in that process than others. What I want board members to know is OSSBA is here to help.

We want local board members to set bold goals for the district and students. We want to educate and empower board members to help educators and members of the community to turn those goals into achievement.

For districts at the starting line, our custom-designed whole board training will set the stage for a strategic planning process. For districts that are further along, we can help guide a strategic planning process.

I know we can do this. Those working in education at the local level — with the support of lawmakers, our communities and groups like OSSBA and CCOSA — can make sure our children don’t miss out on the wonder and excitement of learning. We can make sure their teachers are prepared and effective. We can make sure public education as a foundational part of democracy thrives for generations to come. n

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We strongly encourage the members of the board of education to consider utilizing the following “Agenda Checklist” prior to each school board meeting. If any of the answers to the following questions are “no,” the members of the board of education should immediately leave the proposed meeting location as any meeting held would potentially violate the Oklahoma Open Meeting Act. As always, the Oklahoma State School Boards Association looks forward to serving the needs of your school district. n

Competing Monologues continued from page 12 The open and continuous dialogue will often result in a solution that meets both parties’ needs, thus resulting in not only a good solution, but also a healthy relationship between the parties that will carry forth into the school year.

Last year, we encountered the ultimate in positional, non-communicative bargaining in one local district that truly frustrated the process and resulted in tense negotiations.

In that instance, the union placed particular proposals on the table, with solutions already printed out. When the administrative/board team attempted to engage in dialogue to determine the root cause for the proposals, the local union spokesperson stopped the bargaining and called for a caucus. She then left the bargaining table and went into another room wherein representatives of her statewide union were gathered. She spoke with them for a few minutes and then returned to the local bargaining table and gave the response as she was instructed.

The administrative/board team spokesperson suggested that the statewide union representatives be invited into the bargaining room to sit at the table and participate directly in the bargaining. The local union spokesperson refused, instead opting to caucus often to get instructions outside of the bargaining process. It’s obvious that if the statewide union representatives had something of value to offer on a particular subject, it would have been more productive if the message were delivered firsthand.

There is no way around productive collective bargaining; it is a communication process.

The higher the level of communication, the greater the chance that meaningful bilateral decision will be reached. Holding one’s cards close to the vest, as many believe is the secret to good bargaining, actually does not yield good results, because the other party doesn’t really know what you want and why you want it. Even more important is that the mood created at the bargaining table spills over into the school year. If the employees leave the bargaining table without the gains they sought, they often feel cheated and undervalued when, however, the resulting lack of progress at the bargaining table was directly related to the union’s noncommunicative process utilized.

I am pleased to report that an overwhelming number of bargaining situations around our state are positive in nature. Regardless of the particular style of bargaining used, i.e. traditional, collaborative, win/win, or interestbased, most local unions and administrative/ board teams are effectively communicating.

Issues are raised, rationales explained and mutually beneficial solutions developed. The product spills over into the school year and an effective communication process is used throughout the year at all levels of school operations. Let all of us involved strive to make 100 percent of the bargaining situations in our state truly communicative and productive. n

Misconduct continued from page 9 clear job descriptions are in place as well as policy acknowledgement forms (preferably each year) when it comes to proving duties or responsibilities were not met. We will need to show what was not met based on expectations in job duties. Attendance records and policies will be key. And, investigations of misconduct should be carefully conducted as usual.

An interesting statement by the Supreme Court in Wisconsin in Walter Neubeck's case was the concept that still lives on today in all states: "In any case, misconduct must be proved and not assumed." Boynton Cab Co., 296 at 641.

Regardless of the definition of misconduct, employers sometimes overlook their obligation to prove misconduct. They can’t assume terminating an employee is enough for the OESC to deny benefits. As we go forward with our changing definition of misconduct, employers will also have to change how they prove this burden in these cases to remain successful.

OPSUCA members should rest assured that our team is preparing for this change and will be on the forefront to train you about any procedural or policy changes you might consider that will help your school district be successful. We are accustomed to the flexibility required as Oklahoma law or OESC’s interpretations of the law evolve. Our response will adapt accordingly.

For more information on the changing definition of misconduct or unemployment in general, please contact OPSUCA at 405-528-3571. n 17

Public Participation at School Board Meetings continued from page 2 the board members cannot interact or discuss an item under public comment as such discussion would violate the Oklahoma Open Meeting Act. If we would like to have public participation, what are some best practices?

While it is nice to know that you do not have to allow them to speak, most boards do. So, if you do allow the public to speak, what is the best way to handle requests? The OSSBA has sample policy BED and regulation BED-R which addresses public participation at school board meetings. The two options in that policy are as follows:

board will not, in most instances, be able to vote on matters brought forward by the public during public participation time if such matters are not specific agenda items. Such items may be placed on the agenda for the next meeting.

4. The president of the board shall recognize speakers, maintain proper order, and adhere to time limits, if any, established by the board. Specifically, the president may require all proponents of one side of an issue to elect one spokesperson. Repetitive comments by consecutive individuals will not be allowed.

(OPTION 1)

(OPTION 2)

In accordance with the policy of the board of education, the following regulation shall govern visitors attending board meetings.

Members of the public shall be allowed to attend all meetings of the board of education. In addition, the board of education will have an item on every agenda that affords citizens the right to speak on any item appearing on the agenda. The item will appear prior to any business being conducted by the board of education. Any individual wishing to address the board on any item appearing on the agenda shall sign in with the board clerk prior to the start of the meeting. The president of the board will then acknowledge only those individuals whose names are listed to address the board concerning any item appearing on the board agenda.

1. Any individual wishing to address the board of education shall communicate such wish to the superintendent by letter. The letter must state the nature of the matter to be discussed, the full name of the person making the request, and what is expected from the board. The letter must be received by the superintendent at least _____________ (hours/days) prior to the next regularly scheduled meeting in order to be placed on the agenda. (The agenda must be posted 24 business hours prior to the meeting.) The superintendent must inform the board president of any individual or organization denied the opportunity to address the board of education.

2. The board clerk shall ask all visitors to list their names in the visitor's register.

3. Board members and administrative staff will not respond to questions from the public at the board meeting. Proper questions from members of the public may be referred to the superintendent for later report to the board. The 18

If option 1 is selected, the item can be placed specifically on the agenda to allow the person to speak. The speaker would then be limited to speak on the issue that they had requested permission to discuss. Example: Mrs. Miller to address the board of education regarding student dress code.

The speaker could only address the item mentioned in the request. This method has the benefit of allowing the board to know who they will be hearing from prior to a meeting but has the disadvantage of adding more procedures and work for the superintendent or a designated board member.

If option 2 is selected, the member of the public can speak on any item listed on the agenda. If this is the avenue your board chooses, the board may put a limit on the time a speaker has, and may also set out that if a group desires to speak before the board, it must appoint a spokesperson to speak for the group, versus having to hear from every member of that group.

Additional issues for a school board to consider are as follows: •

•

A board may not act immediately on public comments. A board should simply listen to the comments the speaker wishes to make, thank him/her for their time, and then move on to the next speaker or agenda item. If the board were to begin a discussion on an item that does not appear on the board agenda, that would be a violation of the Oklahoma Open Meeting Act. The superintendent has the legal authority to stop conduct that disrupts board meetings.

Oklahoma law allows the superintendent to remove any person from school premises who interferes with the peaceful, orderly conduct of school board meetings.

21 O.S. §§ 1375 and 1376. Some examples would be: refusing to stop speaking when time has expired or when the board has found the comments are repetitive, and when a speaker’s comments become profane, threatening, or irrelevant to the topic of discussion.

Having good relations with the community is critical to a board’s success. And often, comments from members of the community can be beneficial to the board. Having public participation at school board meetings allows members of the public to speak at meetings. A policy also ensures a fair opportunity for and treatment of all members of the community, while still allowing the board to maintain control over its meetings. n

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2014 Legislative Highlights continued from page 13 program. It directs the State Board of Education to issue a restricted license or certificate limiting the teacher to immersion programs. Effective 7/1/14.

HB 2683 by Rep. Ann Coody modifies the fast-track special education teacher certification created in 2013. It requires candidates for a provisional certificate to have earned a bachelor's degree from an accredited college. It requires candidates for standard certificates to complete any exams required to obtain a standard certificate in mild-moderate or severe-profound disabilities. It requires a candidate to complete an appropriate teacher education program to obtain standard certification in early childhood education or elementary education.

It provides requirements for issuing a standard certificate in mild-moderate or severe-profound disabilities for alternative certified candidates. Effective 7/1/14.

HB 2372 by Rep. John Trebilcock prohibits employer from requiring employee/prospective employee to give employer access to their social media accounts and passwords. Effective 11/1/14.

HB 3173 by Rep. Katie Henke requires TLE records to be kept confidential. It amends the Open Records Act, requiring public bodies to keep confidential all records related to the Teacher and Leader Effectiveness Evaluation System (TLE) that identify current or former public employees and contain any evaluation, observation or other TLE record. It also states that TLE records that identify a current or former employee will not be subject to the Open Records Act. It directs requirements for disclosure to be narrowly construed and that identifying information be removed.

Effective 11/1/14.

SB 1828 by Sen. John Ford states that data collected pursuant to the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) is not subject to the Open Meetings Act or Open Records Act. It also directs that

certain data relating to TLE be made available to authorized agents of the State Department of Education at any hearing involving dismissal or non renewal of employment of a teacher or administrator. Effective 7/1/14.

Athletics HB 2730 by Rep. Bobby Cleveland says that a public school or school district shall not be a member of any school athletic association unless that association has adopted a written policy that requires records of the association to be made accessible consistent with the provisions of the Open Records Act and meetings held pursuant to Open Meetings Act; an annual financial audit; and a compliance audit of all funds of the association in accordance with the auditing standards set forth in the Oklahoma Public School Audit Law. In addition, the association shall have performance audits conducted of the operations of the association. This bill was drafted specifically with the Oklahoma Secondary School Activities Association or OSSAA in mind. Effective 90 days after adjournment.

Curriculum HB 2921 by Rep. Lisa Billy allows Native American language to count toward world credit language. Effective 7/1/14.

HB 3006 by Rep. Scott Biggs limits agriculture education programs to grades 8-12 offered by comprehensive school districts. It prohibits Career Tech districts from operating agriculture education programs or FFA chapters.

Effective 4/9/14.

HB 3399 by Rep. Jason Nelson prohibits state officials and entities from entering into agreements or contracts which cede state control over educational standards. HB 3399 repeals the required implementation of Common Core State Standards and directs the State Board of Education to revise the current English Language Arts and Math PASS standards to reflect college and career readiness. HB 3399 will require the

State Regents for Higher Education to certify that the PASS standards are “college and career ready” and reduce the need for remediation. As the state is in the process of writing new academic standards, HB 3399 would require all state-mandated testing to test PASS standards. The measure also broadens two current ‘Good Cause Exemptions’ from the Reading Sufficiency Act. For students failing to demonstrate reading proficiency on the state CRT, those students may qualify for a ‘Good Cause Exemption’ if they were previously retained for at least one year (which could now include retention in prekindergarten for academic reasons) and the student received reading remediation for at least two years. Effective 6/5/14.

SB 1422 by Sen. Clark Jolley directs the SBE to approve an AP computer science course for math credit if the course is taken in the student's senior year and he/she is concurrently enrolled in or has completed algebra I. Effective 7/1/14.

SB 1653 by Sen. Jim Halligan adds a science, technology, engineering and math (STEM) block course to meet the requirements for mathematics and science. Effective 7/1/14.

SB 2122 by Sen. Anthony Sykes allows students who score 10 percent above the cut scores on the ACT, SAT, PSAT or NMSQT alternate tests or students who score equal to or above the cut scores for AP exams, ACT Workkeys, CLEP or International Baccalaureate alternate tests are exempted from taking EOIs in Algebra II, English III, Geometry or US History. The bill also provides that students who have been denied a standard diploma the right to re-enroll in that district and be provided remediation or intervention and the opportunity to retake exams until proficiency is attained and diploma requirements satisfied. Effective 4/2/14.

Accreditation Standards SB 1469 by Sen. John Ford extends the moratorium for an additional two fiscal continued on page 22 21

2014 Legislative Highlights continued from page 21 years so that districts will not have to meet class size limitations, purchase textbooks, make required library/ media expenditures, etc. The measure also provides a new definition for graduation cohort calculations that will stop requiring schools to count students going to home school or private school as “drops” for purposes of calculating the graduation cohort. Effective 7/1/14.

Open Meetings Act SB 1497 by Sen. David Holt authorizes civil lawsuits against persons who violate the Oklahoma OMA. If successful, the person(s) bringing the suit shall be entitled to reasonable attorney fees, but if the public body successfully defends the lawsuit and the court finds that the suit was clearly frivolous, the public body shall NOT be entitled to reasonable attorney fees.

Effective 11/1/14.

Elections SB 1745 by Sen. A.J. Griffin updates

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language relating to campaign finance disclosures. Individuals running for public office—including school board elections—must create a campaign committee. Candidates are required to file paperwork with the school board clerk. Effective 1/1/15.

A-F Grading SB 1655 by Sen. John Ford eliminates publication of district grades under A-F accountability report card system.

Effective 90 Days after adjournment.

Adult Education/ Career Tech SB 1661 by Sen. John Ford transfers adult education responsibilities and duties from the State Board of Education to the State Board of Career and Technology Education. Effective 7/1/14.

Reading Sufficiency Act (RSA) HB 2497 by Rep. Dennis Casey modifies the Reading Sufficiency Act to allow Pre-K retention to count toward a good cause exemption, providing the student is held back in Pre-K for academic reasons.

In addition, the measure requires the State Board of Education to provide limited exemptions from state mandated testing for students facing exceptional emergency circumstances involving themselves, their parents/ guardians and/or siblings. The bill also requires the State Department of Education to study why some students are successful

in acquiring reading skills and help replicate those instructional practices elsewhere. Effective 5/28/14.

HB 2625 by Rep. Katie Henke amends the RSA bill as it relates to promoting a third-grade student who scores unsatisfactory or limited knowledge on their reading exam and fails to qualify for an exemption to retention.

For students scoring unsatisfactory for 2013-2014 and 2014-2015 school years only, allows probationary promotion of third grader who has not demonstrated proficiency on screening instruments, CRT or though a reading portfolio and doesn't qualify for good-cause exemption; granting of probation is subject to the unanimous recommendation of a Reading Proficiency Team comprised of the student's parent/guardian, current year reading teacher, teacher responsible for reading instruction the following year, school principal and certified reading specialist and must have final approval by the superintendent. The team is tasked with continuous reviews of the reading performance of the student granted the promotion until they demonstrate grade-level reading proficiency. For students scoring limited knowledge, the bill directs school to notify parent if third grade student scores limited knowledge on reading portion of CRT and provide the parent with the option of retention. Otherwise, the student will be promoted, and directs a Reading Proficiency Team comprised of the student's parent/ guardian, current year reading teacher, teacher responsible for reading instruction the following year, school principal and certified reading specialist if one is available to develop an intensive remediation plan for that student to help them obtain grade-level reading proficiency. Effective 5/21/14.

Vouchers HB 2414 by Rep. Jason Nelson expands the Lindsey Nicole Henry Scholarship Program. Under HB 2414, students enrolled in SoonerStart can go directly continued on page 23

2014 Legislative Highlights continued from page 22

Custody continued from page 7

to a LNH-approved private school without ever being served in a public school, and can potentially attend the private school all the way through 12th grade. Effective 90 days after adjournment.

and property of each minor child named above, including but not limited to the right to enroll the child in school, inspect and obtain copies of education records and other records concerning the child, the right to attend school activities and other functions concerning the child, and the right to give or withhold any consent or waiver with respect to school activities, medical and dental treatment, and any other activity, function or treatment that may concern the child. This delegation shall not include the power or authority to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child."

Schools are now required to honor the powers of attorney, provided the wording of the power of attorney substantially complies with the form set forth in House Bill 2536. n

Taxes HB 2562 by Speaker Jeff Hickman amends the gross production tax on oil and gas; beginning next year, it increases the tax from 1% to 2% for the first 36 months of production, then the tax increases to 7%. The tax was set to automatically increase to 7% next year, but this bill reduces that tax from 7% to 2%. Effective 5/28/14.

SB 1246 by Sen. Pro Tempore Brian Bingman will gradually lower Oklahoma’s income tax rate from 5.25% to 4.85%, as triggered by growth in the general revenue fund. Effective 90 days after adjournment.

Highly publicized legislation that did not make it through the legislative process • HB 2642 by Rep. Lee Denney Created the Securing Educational Excellence Fund • HB 2931 by Rep. Dan Kirby Allowed federally recognized Indian Tribes to establish charter schools • HB 3398 by Rep. Jason Nelson Vouchers/ Education Savings Accounts • SB 573 by Sen. Clark Jolley Created the Statewide Charter School Commission • SB 1654 by Sen. John Ford Eliminated CRTs in 3-8 grades that are not federally mandated • SB 1816 by Sen. Brian Crain Eliminated many dates in which special elections could be held n

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Conference Highlights Spotlight Sessions

Keynote Speaker Jay Wilkinson

OSSBA Delegate Assembly Candidate Forum

Keynote Speaker Dr. Ben Michaelis

Legal Roundtables

The Conference 2014

Be There.

Speakers, Exhibits, Networking, Learning, Laughing.

REGISTER TODAY. The Conference is sponsored by the Oklahoma State School Boards Association and the Cooperative Council for Oklahoma School Administration.

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Friday, Aug 22 8 a.m.–4 p.m. Registration 8–9 a.m. Visit Exhibits 8:15–8:45 a.m. New Board Member Orientation 9–10:30 a.m. General Session I 10:30–11 a.m. Break & Visit Exhibits 11–11:50 a.m. Breakout Session 11:50 a.m.–1 p.m. Lunch & Visit Exhibits 1:15–2:05 p.m. Breakout Session 2:05–2:30 p.m. Break & Visit Exhibits 2:30–3:30 p.m. Breakout Session 3:30–4:00 p.m. Break & Visit Exhibits 4–5 p.m. Breakout Session

Saturday, Aug 23 7:30 a.m.–2 p.m.

Registration 8–9 a.m. Visit Exhibits 8–8:45 a.m. Pre-Delegate Assembly Legislative Review 9–9:45-a.m. OSSBA Advocacy/Legislative Liaisons Group 10 a.m. OSSBA Delegate Assembly 9–10 a.m. Breakout Session 10–10:30 a.m. Break & Visit Exhibits 10:30–11:30 a.m. Breakout Session 11:30 a.m.–1:15 p.m. Lunch & Visit Exhibits 1:30–3:30 p.m. General Session II Sunday, Aug 24 8–8:45 a.m. Breakfast 9–10:30 a.m. Legal Roundtable Discussions 10:45–11:30 a.m. Candidate Forum

It’s Back! First Timer’s & New Board Member Orientation

The First Timer’s & New Board Member Orientation is 8:15 to 8:45 a.m. Friday in Ballroom D. Get the most out of the entire conference from this information session.

We can answer questions you may have about the conference or board credits. New board members and incumbents elected or appointed since Jan. 1, 2014, will have the opportunity to obtain all 12 new/6 incumbent required credits at The Conference.

Look for color coded focus areas in The Conference program

You can earn up to 12 credit points for the entire conference.

Friday – 5 • Saturday – 5 • Sunday – 2

STUDENT LEARNING

FACILITIES NEW BOARD MEMBER LEADERSHIP EMPLOYMENT ISSUES CAREER TECH

In the Spotlight Sessions When they conduct great workshops!

Sunday morning, August 24th, plan to attend the Legal Roundtables. The groups are divided by district size to make sure the discussion is relevant. Attendees rave about the discussion, networking, and learning during this session.

An optional breakfast (additional $20 fee, no program) will be available for your convenience on Sunday morning before the legal roundtables begin. Tickets are available by pre-purchase only and will not be available on site. (Family members are welcome to purchase breakfast tickets as well.)

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Oklahoma Secretary of Education – Dr. Robert Sommers Sean Kouplen – Five Questions for Significance Kari Anderson – FranklinCovey’s Leader In Me SEDL elementary and adolescent reading specialists – research to practice Affordable internet for schools

Candidate Forum

Sunday morning join us for a candidate forum. Potential speakers include candidates for State Superintendent of Public Instruction, Governor, and Lieutenant Governor.

Exhibit Hall

Don’t forget to spend time touring the exhibit hall; it will be better than ever. The exhibit hall will feature new exhibitors and products you will not want to miss! Our architectural exhibition is located in the middle of the exhibit hall. Stop by and browse Oklahoma school projects designed by Oklahoma architects. Be sure and vote for your favorite project before noon on Saturday. A People’s Choice Award will be presented to the winning architect/project during Saturday’s general session.

This link will take you to a listing of available hotel rooms in Oklahoma City. It’s easy to make your reservations this way!

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Friday, August 22, General Session begins at 9 am By his very nature and persona, Jay Wilkinson inspires. Jay brings the sizable added value of capturing the essence, insight and legacy of his famous father, legendary college football coach Bud Wilkinson. Through a collection of intimate and revealing letters written from father to son during the son’s formative college years, Jay unlocks and presents, for the first time anywhere, the dynamic of his father’s extraordinary success and transformational outlook on life and leadership.

Jay Wilkinson delivers a unique and refreshing perspective on leadership and inspires others to perform at more optimal levels. Simply stated, Jay Wilkinson is passionate about the success of those with whom he comes in contact. His presentations do make a difference.

Jay Wilkinson’s Can-Do Attitude: • Provides a framework of understanding to help organizations create an environment filled with good values and solid interpersonal relationships • Emphasizes the importance of preparation and perseverance • Motivates his audiences to develop a caring attitude and concern for others • Sets the bar high, encouraging his audiences to set and articulate goals with great passion and conviction • Teaches others to overcome adversity and achieve uncommon success regardless of the challenges and disappointments along the way.

Saturday, August 23, General Session begins at 1:30 pm The 2014 OSSBA Keynote Talk: The Art and Science of Intelligent Failure will focus on the concept of Intelligent Failure as a tool for success in professional and educational development.

In the creative era, where the pace of technology outstrips our knowledge base, we must learn how to “fail forward.” Throughout this talk, Dr. Ben Michaelis will highlight his clinical work and the latest in psychological and neuropsychological research on failure. The keynote will be filled with gripping stories of everyday people as well as famous failures, including James Dyson, Bob Dylan and Michael Jordan. Dr. Michaelis will explain what Intelligent Failure is, why it is critical for students, teachers, and administrators and, in short, “what failure can do for you.”

Dr. Ben Michaelis is a clinical psychologist in full-time private practice in Manhattan. Dr. Michaelis writes and speaks regularly about play and creativity as they relate to well-being. He is the author of numerous popular and scholarly articles and is a regular contributor to The Huffington Post. Dr. Michaelis is a frequent guest on nationally syndicated TV shows such as, NBC’s The Today Show, The Hallmark Channel’s Home & Family, and MSNBC’s Your Business.

Dr. Michaelis is the author of Your Next Big Thing: 10 Small Steps to Get Moving and Get Happy.

The Oklahoma State School Boards Association’s legislative agenda and the successes that we have are due to the participation of our membership. Throughout the year, the OSSBA collects legislative goal recommendations from you -- our members. The recommended goals are compiled and received by the Government Relations Committee.

After the committee reviews the information, a final slate of legislative goals, positions and resolutions are sent to the Delegate Assembly. The Delegate Assembly is held each year in conjunction with The Conference. This year’s assembly is at 10 a.m., Saturday, Aug. 23 in Ballroom C. The OSSBA Delegate Assembly is an opportunity for you, as a member district, to take an active role in the creation and adoption of the OSSBA legislative initiatives for 2015. At the Delegate Assembly, each member district will have one vote on the legislative business of the Association. To be eligible for voting, each district must complete the membership renewal form, including a purchase order number, before the start of the conference. This is an inclusive meeting and process which helps create a strong legislative voice to meet the needs of Oklahoma school districts and students.

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the conference 2014

REGISTRATION FORM

(an email confirmation will be sent)

PLEASE PRINT OR TYPE • ONE ATTENDEE PER FORM

School District Name Attendee Name (as it should be printed on the name badge)  Board Member

Plan time to visit our exciting exhibit hall for fresh ideas.

If you are interested in exhibiting, please contact Kelly Ross at (405) 528-3571

 Superintendent

 Administrator

Other__________________________________________

Attendee E-mail Contact Name E-mail address to send registration confirmation CONFERENCE REGISTRATION I plan to attend the New Board Member classes

 Yes

 No

Member price, until August 8, $200, after August 9, $300.

Registration fee includes sessions and exhibit hall for the Attendee.

$________________________

Non-member price $400, after August 8, $600. Registration fee includes sessions and exhibit hall for the Attendee.

$________________________

OPTIONAL Please include _ _ _ _ _ _ _ _ _ _ Sunday breakfast buffet tickets at $20.00/ea for attendee and guests. Breakfast tickets will not be available on-site. No breakfast tickets are included in the registration price.

$________________________

Total amount due

$________________________

Name badge or wristband is required for exhibit hall entry. Complimentary wristbands are available for guests.

(Circle one) 1 2 3 4 members of my family would like to tour the exhibit hall (wristband required).

METHOD OF PAYMENT All major credit cards accepted. To pay by credit card, please call Jullie Stokes at (405) 528-3571.  Check Enclosed

 Purchase Order Number_______________________________________________________________

CANCELLATIONS: MUST be received in writing by August 8 for a refund or credit - less $50 cancellation fee.

Cancellations may be faxed to (405) 609-3091. Please call Lisa at (405) 528-3571 to confirm receipt. No refunds or credits will be given after August 8.

OSSBA and CCOSA are committed to making activities accessible to persons with disabilities or special needs. If you have special needs, please call (405) 528-3571 at least 10 days prior to the conference to make arrangements.

12 hours of New School Board Member Credit, Incumbent, and/or Continuing Education credits have been applied for with the State Department of Education.

ALL REGISTRATIONS MUST BE RECEIVED BY 4:00 P.M. FRIDAY, AUGUST 8, 2014.

AFTER THIS DATE ATTENDEES MUST REGISTER ON-SITE

Register online at www.ossba.org or email to register@ossba.org or fax to OSSBA at (405) 609-3091 or mail to OSSBA • 2801 North Lincoln Blvd., Suite 125 • Oklahoma City, OK 73105 (please select only one return method) 27

Inaugural Dr. Bob Mooneyham Memorial Scholarship

August 21, 2014

OSSBA and CCOSA are proud to present the Inaugural Dr. Bob Mooneyham Memorial Scholarship Golf Tournament.

Throughout Mooneyhamâ&#x20AC;&#x2122;s career, he served as an education leader, working as a teacher, coach, counselor, superintendent and professor.

His numerous contributions to Oklahoma education were recognized with honors including the Oklahoma Educatorsâ&#x20AC;&#x2122; Hall of Fame, OEA Friend of Education, Keepers of the Dream Award, UCO Outstanding Alumni, Holiday Texas Outstanding Alumni, 75 Who Made a Difference in the OU College of Education, and Okemah Hall of Fame. Dr. Mooneyham became executive director of the Oklahoma State School Boards Association in 1975 and advocated for Oklahoma public education from this position for 25 years. Mooneyham was a co-founder of the Oklahoma Education Coalition and served the National Rural Education Association until his retirement in 2006. He passed away Dec. 24, 2012.

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Lake Hefner Golf Club, Oklahoma City

All school board members, school administrators, exhibitors, partners, and other participants in The Conference 2014 presented by the Oklahoma State School Boards Association and the Cooperative Council for Oklahoma School Administration are invited to participate in the Inaugural Dr. Bob Mooneyham Memorial Scholarship Golf Tournament.

This event kicks off The Conference 2014 and is a fun and relaxing experience that provides an opportunity for school board members, school administrators and representatives from the business community to get together, network and establish relationships that will benefit public schools.

The tournament will be held Thursday, Aug. 21, 2014, at the Lake Hefner Golf Club, 4491 South Lake Hefner Drive, Oklahoma City, OK 73116.

Registration will begin at 7 a.m. and the tournament will have a shotgun start at 8 a.m. The tournament will be a best ball scramble. Please note that sleeveless shirts are not permitted on the golf course or practice facilities.

The entry fee is $75 per person and includes golf cart, range balls, refreshment cart, and lunch. Rental clubs are available at an additional cost. You may register as an individual or as a team. Please include names and handicaps on all registrations. We must have your registration by Wednesday, Aug. 13, 2014. Please send your entry fee with this form. Checks should be payable to OSSBA. Refreshment carts, lunch, trophies, and prizes will be provided through the courtesy and sponsorship of our partners. Trophies and prizes will be awarded to the 1st place team and prizes will be awarded to the 2nd and 3rd place teams. Other prizes may be awarded during contests at the tournament, including a longest drive, closest to the pin and putting competition.

Inaugural Dr. Bob Mooneyham Memorial Scholarship

August 21, 2014

Lake Hefner Golf Club, Oklahoma City

Entry Deadline – Wednesday, August 13 fax to Kelly Ross (405) 528-5695 or mail to OSSBA • Kelly Ross 2801 N. Lincoln Blvd., Ste. 125 Oklahoma City, OK 73105

Contact______________________________________________________________Phone____________________________________

School/Company______________________________________________________________________________________________ Please send entry fee with this form. Individual player $75.

To pay by credit card, please call Jullie Stokes at (405) 528-3571. Credit cards WILL be accepted on-site.

Please include names and handicaps for all players.

Player 1 – payment enclosed o

Player 3 – payment enclosed o

Name________________________________________________

Name________________________________________________

Billing Address_____________________________________

Billing Address_____________________________________

Phone_______________________________________________ ______________________________________________________ Handicap____________________________________________

Phone_______________________________________________ ______________________________________________________

Player 2 – payment enclosed o

Handicap____________________________________________

Name________________________________________________

Name________________________________________________

Billing Address_____________________________________

Billing Address_____________________________________

Phone_______________________________________________ ______________________________________________________ Handicap____________________________________________

Player 4 – payment enclosed o

Phone_______________________________________________ ______________________________________________________ Handicap____________________________________________

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Order Form

Board Member Resource Materials If you would like to order the Board Member Resource Materials, please complete the form below. Material packets sell for $75.00 each for OSSBA members; $150 each for non-members. Postage will be added if two or more packets are mailed. Packets will be mailed to the office of the school district superintendent unless other procedures are requested. School funds may be used to purchase these packets.

Name _______________________________________________________________________________________________ School ______________________________________________________________________________________________ Address of School _____________________________________________________________________________________ City ____________________________________________________ State _________________ Zip _____________________ County__________________________________________________ School Phone __________________________________ Number of Board Member Resource Packets ordered _________________________________________________________ To order individual materials, see below: Publications sell for $15.00 each for OSSBA Members and $30.00 for non-members (postage will be charged for two or more books).

NOTE: These publications are all included in the Board Member Resource Materials.

Quantity

Publication

________ The School Board Member Handbook

________ Opening (Slightly) the Door to the Districtâ&#x20AC;&#x2122;s Accounting System

________ Employee Interviews: Avoiding Legal Challenges During the Pre-Employment Process

________ The Oklahoma School Board Meeting Guidebook

________ Sample Forms and Contracts for Oklahoma Public School Districts

The NSBA/OSSBA publication, Key Works of School Boards Guidebook, is also available for a cost of $25.00 for members and $50.00 for non-members. This publication is not included in the Board Member Resource Materials.

Total Payment Due: _________________________________ Purchase Order Number (if applicable) __________________ For more information, call (405) 528-3571 or (888) 528-3571

FAX this form to: Mail to: OSSBA OSSBA

Attn: David Crane Attn: David Crane

(405) 528-5695 OR 2801 North Lincoln Boulevard, Suite 125 Oklahoma City, OK 73105 Oklahoma State School Boards Association

NONPROFIT ORGANIZATION U.S. POSTAGE PAID OKLA. CITY, OK PERMIT NO. 1049

Oklahoma State School Boards Association 2801 North Lincoln Blvd., Ste. 125 Oklahoma City, OK 73105 405.528.3571 • 888.528.3571 405.528.5695 fax • www.ossba.org

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