INSIGHT—Summer 2010 by Texas Association of School Administrators

TEXAS ASSOCIATION OF SCHOOL ADMINISTRATORS PROFESSIONAL JOURNAL

Summer 2010

INSIGHT Texas State Parks: NATURE’S CLASSROOM

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Summer 2010 Volume 25

No. 2 Leadership Focus

A Defensible State Student Testing Program: Part One

by W. James Popham Discusses two distinguishable but related functions of a sound statewide student testing program, leading up to five attributes that must be present

Special Pullout Section, pp. 21–32

Texas Grassroots 2011

for school leaders

by Gary R. Tucker and Lloyd Goldsmith Emphasizes how our schools’ emotional processes contribute to persistence of form and must be understood by leaders if there is to be a new direction in public education

Provides a guide to use in discussing

Emotional Triangles and Self-Differentiated Leadership Successfully Leading Innovation in Schools

Applying Daniel Pink’s Mastery: A Story for Our Readers

by Richard Erdmann

education issues with their

Relays a personal story and analogy of applying mastery, the second of three elements of motivation in Daniel Pink’s very popular book Drive

legislators and the public

TSPRA Voice

Going One on One with the Media: Steering Interviews in the Right Direction

by Mark May Offers excellent techniques to help superintendents thrive when confronted with tough questions to help sustain confidence in public schools and programs

Book Review

Leadership: Theory and Practice, Fifth Edition

Reviewed by Lu Stephens Reviews this revised volume of Leadership by Peter G. Northouse, written with the purpose of closing the gap between oversimplified approaches to leadership and more theoretical approaches

Legal Insights

Personal Electronic Communications and the Texas Public Information Act: Will the Public Get the Message?

by Neal W. Adams, Jerry D. Bullard, and Allan S. Graves Shares established criteria from the Texas Attorney General to determine when electronic communications must be disclosed under the Texas Public Information Act

Summer 2010

President’s Message Executive Director’s View

7 9

Officers H. John Fuller, President, Wylie ISD Rod Townsend, President-Elect, Hico ISD Jeff N. Turner, Vice-President, Coppell ISD John M. Folks, Past President, Northside ISD

Executive Committee Scott B. Owings, Sharyland ISD, 1 Paul Clore, Gregory-Portland ISD, 2 Robert Mark Pool, El Campo ISD, 3 Alton Frailey, Katy ISD, 4 Philip Welch, Orangefield ISD, 5 Fred Brent, Anderson-Shiro CISD, 6 J. Glenn Hambrick, Carthage ISD, 7 Kathy G. Allen, Hooks ISD, 8

TASA Headquarters Staff

Executive Director

Associate Executive Director, Administrative Services

Assistant Executive Director, Communications & Information Systems

Tom Woody, Vernon ISD, 9

Johnny L. Veselka

Todd Williams, Kaufman ISD, 10

Paul L. Whitton, Jr.

Darrell G. Floyd, Stephenville ISD, 11 Kevin Houchin, McGregor ISD, 12

Ann M. Halstead

Design/Production

Anne Harpe

Editorial Coordinator

Karen Limb

INSIGHT is published quarterly by the Texas Association of School Administrators, 406 East 11th Street, Austin, Texas, 78701-2617. Subscription is included in TASA membership dues. © 2010 by TASA. All rights reserved. TASA members may reprint articles in limited quantities for in-house educational use. Articles in INSIGHT are expressions of the author or interviewee and do not necessarily represent the views or policies of TASA. Advertisements do not necessarily carry the endorsement of the Texas Association of School Administrators. INSIGHT is printed by Thomas Graphics, Austin, Texas.

David Shanley, Johnson City ISD, 13 Shane Fields, Albany ISD, 14 Russ F. Perry, Nueces Canyon CISD, 15 Mike Lee, Booker ISD, 16 Deanna Logan, Ralls ISD, 17 Kevin Allen, Iraan-Sheffield ISD, 18 Lorenzo Garcia, El Paso ISD, 19 Richard A. Middleton, North East ISD, 20

At-Large Members Charles E. Dupre, Pflugerville ISD Steve Flores, Harlingen CISD Adelaida Guerra, San Marcos CISD Karen G. Rue, Northwest ISD

Editorial Advisory Committee H. John Fuller, Chair Steve Flores, Harlingen CISD Alton L. Frailey, Katy ISD Richard A. Middleton, North East ISD Karen G. Rue, Northwest ISD Rod Townsend, Hico ISD Jeff N. Turner, Coppell ISD

INSIGHT

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2010â&#x20AC;&#x201C;11: A Time for Action!

I Presidentâ&#x20AC;&#x2122;s Message I will do my very best to

am excited about the opportunities that await us during the coming school year. We will face many challenges as the 82nd Texas Legislature convenes with little or no economic improvement on the horizon for education.Addressing the financial challenge with the elected officials who represent us in Austin will call for creative and thoughtful solutions. How will we meet the needs of students attending the public schools in Texas with limited resources as enrollment grows and demographics continue to change? First, we need more flexibility and freedom to operate as independent school districts if we are to survive during these uncharted waters. I have set several priorities for the coming year; at the top of the list is to communicate with legislators, businesses, parents, and the local community the need for public education to have fewer regulations and regulatory guidelines.These outside rules burden public schools with unfunded mandates and inefficiencies that achieve less than desirable results. I hope that you will join me in this communications effort as opportunities arise.

represent you and our dynamic organization in a positive proactive manner. Our mission as an organization is to promote, provide, and develop leadership that champions educational excellence.

One of my top personal goals is to take every opportunity to visit with you to discuss ideas you have for public education in your community and in our state. I will do my very best to represent you and our dynamic organization in a positive proactive manner. Our mission as an organization is to promote, provide, and develop leadership that champions educational excellence. Our goals provide us both direction and focus. We will move forward this coming year promoting leadership for quality student learning, positive school climates, and a systematic approach to school improvement. I trust each of you will embrace the goals and objectives set for us by the TASA Executive Committee. It is time for action. Developing leaders for public schools in the 21st century does require high-quality professional development, effective utilization of advanced technologies, and synergy among educators and organizations representing educators. If I can be of assistance to you or one of your study groups, please do not hesitate to call on me. You may contact me by e-mail or phone at any time. I look forward to communicating with you during the coming year.

H. John Fuller

Summer 2010

Grassroots 2011 and More!

his issue of INSIGHT offers a special section on school finance, the state budget, accountability, and other issues affecting Texas public schools as we head toward the 82nd Legislature. The state’s most recent estimated budget shortfall has risen to $18 billion, and the governor, lieutenant governor, and speaker have directed state agencies to make significant cuts in their budgets.

Executive director’s VIEW Looking ahead to the coming school year, I hope each of you will consider not only renewing your membership but also taking advantage of the several subscription services that are available to your school district.

We believe it is critical for you as superintendents and school leaders to engage in conversation with your legislators about the financial situation in your school districts. Grassroots 2011 stresses the importance of involving parents, business and community leaders, teachers, and locally elected officials in these discussions. We hope you will review these materials and develop talking points to convey the message in the context of your own local school district budgets and programs. All TASA members have recently received an invitation to renew memberships for 2010–11. Looking ahead to the coming school year, I hope each of you will consider not only renewing your membership but also taking advantage of the several subscription services that are available to your school district. Each of these services offers a cost-effective benefit, even in the face of difficult budget challenges. TASA’s newest subscription, SyfrSpace, is a collaborative e-learning network that offers professional development podcasts, including book notes and topics such as technology, the process of change, and new policies and practice. These podcasts are designed to stimulate conversation among colleagues as you collaborate to select, create, discover, and share solutions and results. The first tier of SyfrSpace is free and available to everyone without subscription, providing an opportunity to explore the benefits of a subscription for you and your staff. Prior to the 2009 legislative session, we joined with Moak, Casey & Associates to create the TASA Accountability Forum, a unique service designed to assist superintendents and other members of the district leadership team to manage the implementation of state accountability standards and to understand legislative proposals and statutory changes. This service now offers online resources to help members more fully understand House Bill 3, provides detailed analyses of district and campus accountability data, and gives regular updates on the actions of the 82nd Legislature. TASA’s Research Connection provides access to the comprehensive research and information compiled by Educational Research Service (ERS) on topics of importance to school leaders. Various research publications and the availability of customized searches are invaluable resources as you seek ways to validate or improve instructional programs and practices. Finally, the Legislative and Public Policy Services subscription supports our legislative and policy initiatives, analysis, and development. Your commitment of support will ensure our success as we represent the interests of all Texas school districts, regardless of size, wealth category, or geographic location, during the 82nd Legislative Session. Thank you for your continuing support, and please call us when we can be of assistance.

Summer 2010

Are You Using These TASA Services? Governmental Advocacy, Legal Support, Publications, Information Resources—we’ve got what you need to be a top-notch leader! Plus special services to enhance your district and its leadership team! n TASA Accountability Forum

Offered by TASA in cooperation with Moak, Casey & Associates, the TASA Accountability Forum is a unique subscription service designed to assist superintendents and other school leaders in analyzing and implementing the mandates of House Bill 3 and other accountability issues. Forum subscribers benefit from a built-in network of expert advisors who bridge the gap between state and local school districts. In addition, subscribers become part of an active professional community where peers share information and solutions. n TASA Research Connection

TASA and the Educational Research Service have joined forces to offer Texas school administrators access to the most comprehensive array of educational research in the country through TASA Research Connection. We offer two levels of support—both provide affordable solutions to your research needs. n Legislative and Public Policy Services

TASA seeks to fulfill its legislative advocacy role through research, policy analysis and development, education, and technical assistance. We are able to remain highly visible and successful in large part through the support of our members who choose to subscribe to our LPPS services. n SyfrSpace

Consistent with the work being done by the Public Education Visioning Institute,TASA has partnered with Syfr to develop podcasts to stimulate a conversation about improving student performance relative to 21st century skills. SyfrSpace™ is an exciting online community where educators meet to collaborate, network, explore, and discuss 21st century learning. n Professional Development Services

Championing Educational Excellence summarizes TASA’s mission and is the foundation of our 2010–11 professional development program. Learn how our conferences and workshops can help your district staff strengthen their teamwork and reach their leadership potential. For information on any TASA service, contact us at 512.477.6361 or 800.725.8272, or visit us online at TASAnet.org

INSIGHT

A Defensible State Student Testing Program Part One by W. James Popham

Executive Summary James Popham will be joined by Phil Schlechty and Rick Stiggins at the TASA Midwinter Conference, 3rd General Session, for an open dialogue on Creating Balanced, Instructionally Sensitive Assessment Systems.

Two distinguishable but related functions of a sound statewide student testing program are to support improved instruction and to provide evidence by which a state’s citizens can accurately evaluate the quality of their schools. In order to create a defensible state testing program capable of accomplishing those two functions successfully, the following five attributes must be present: (1) assessment of only a modest number of high-import curricular aims; (2) provision of clear descriptions of each assessed curricular aim; (3) inclusion of enough items to measure every student’s mastery of each assessed curricular aim; (4) creation and distribution of resources to support teachers’ use of the formativeassessment process; and (5) assurance that a state’s accountability tests are instructionally sensitive. It was recommended that if today’s statewide student testing programs were to incorporate these five features, they would become more defensible.

For the past several decades, and especially since 2002’s enactment of the No Child Left Behind Act (NCLB), state-level educational testing programs have exercised an increasingly strong influence on what takes place in our nation’s schools. Simply put, whatever is measured by a state’s annual accountability tests has become the chief determiner of what a state’s children are taught—and what they aren’t taught.

TASA Midwinter Conference January 30–February 2, 2011 Austin Convention Center Registration, housing, and session applications open August 2! www.tasanet.org

Most current state educational assessment programs, however, are not the products of thoughtful analyses by a state’s educational policymakers. Rather, many current statelevel testing programs, Topsy-like, “just growed.” That is, these state testing programs have been sporadically expanded to keep pace with federal education statutes by simply tacking on whatever new assessments were needed to take advantage of federal largesse or to evade federal financial penalties. Regrettably, however, the sometimes piece-meal evolution of most state-level educational testing programs has led to assessment systems that fundamentally diminish rather than enhance the quality of a state’s schooling. Yet, state-level educational assessment systems can, if carefully conceptualized and skillfully installed, become a profoundly positive force in the education of a state’s children. Indeed, if a state testing program is well conceived and adroitly implemented, it can become genuinely defensible. In the following analysis, an attempt will be made to identify

Summer 2010

the chief elements of a defensible statelevel student testing system—a state system whose impact on a state’s education will be unarguably beneficial.

its own statewide assessment program. For this reason, of course, almost all states issue a competitive request for proposals Two dominant functions for statewide (RFP) calling for external vendors to educational testing systems are present. build and operate a state’s assessment Those two measurement missions— system. The vendor whose proposal is Background and Focus of This distinguishable, but related—are the selected by state officials then works with Analysis following: state personnel to develop an assessment This paper was commissioned by a group • Function One: To support improved program in accord with the assessment of forward-looking Texas educational instruction and, as a consequence, improve vision contemplated in the state-issued administrators. Although these Texas RFP.Although it is impossible for any RFP learning by a state’s students. educators were, understandably, most to completely circumscribe every aspect of concerned with the state-level testing • Function Two: To provide evidence by the development and operation of a state system in their own state, the analysis in the which a state’s citizens can accurately testing program, the essential nature of following pages is intended to be applicable evaluate the quality of their schools. the assessment program being sought can in Texas as well as other states. Thus, no be spelled out in sufficient detail for the attempt was made to particularize the For convenience, we can refer to the first selected external vendor to bid on and, if following observations so that they pertain of these two purposes as state testing’s selected, undertake the development of a exclusively to Texas. instructional function and to the second new state testing program. purpose as state testing’s accountability The specific intention of the analysis is to function. In almost all states, particularly after The statutory language embodied in a isolate a set of absolutely requisite features the arrival of NCLB, the accountability state (or federal) law governing the nature that a state-wide assessment system must function has assumed ascendancy over the of state testing programs will, of course, embody if it is to be genuinely defensible. instructional function. Clearly, depending substantially influence any resultant student More particularly, it is hoped that much on how a state-level assessment system testing program—as will the language of a of the language employed in this analysis is conceptualized and implemented, it state-issued RFP seeking state assessments might well be incorporated into draft is possible to promote one of these two consonant with any new test-determining legislative language regarding the creation functions so vigorously that the other legislation. However, what’s most important of an improved state-level assessment function is largely ignored. This has often when statutory language (or RFP language) system. It is recognized that states differ been the case in recent years, for state is being developed is that it should be dramatically in the difficulty with which testing programs in most states have allowed unmistakably clear the two aforementioned their current state testing programs can be accountability imperatives to sometimes functions of state assessment must both be changed. However, it is also recognized totally trump instructional concerns. But successfully accomplished. that if an existing state assessment program such need not be the case. is having a harmful effect on a state’s An artistic blending of two schooling, then—difficult or not—such a functions. Who will build the tests? testing program should be altered. Unsound state testing programs, because they harm Is it really possible to devise a state For a truly defensible state assessment children, must be modified. assessment system that can satisfactorily program to exist, it is imperative that the accomplish the two measurement missions instructional and accountability functions Although, most likely, many of the identified above? In other words, can a of state assessment both be attained. What points made in this paper will need to state testing program successfully achieve this means, in simple terms, is that when be re-phrased if incorporated into draft both an instructional mission and an choices are encountered in building or legislative language, it is hoped that the accountability mission? To answer such operating a state testing program, attention language associated with the chief tenets questions realistically, we must consider must constantly be given to the impact of of the paper—with modest editing— the pragmatics of how a dual-function each decision-choice on the instructional might provide a starting point for such assessment system would be built. function as well as on the accountability draft language. We turn, then, to the function of the program. As a practical two underlying reasons that state-level Essentially no state department of matter, this will often require decisions assessment systems exist in the first place— education currently possesses, in-house, to be made that maximize the likelihood or, at least, should exist. sufficient capacity to create and operate of one state-assessment function being

INSIGHT

The Two Functions of State Testing Programs

successfully accomplished while, insofar as possible, minimizing the adverse impact of those decisions on the other function’s likelihood of success. In no instance, therefore, should one of the two functions of state assessment be sacrificed to the other. This means the designers of (1) a draft law, (2) an RFP, or (3) the actual assessment system itself must continually be asking themselves questions such as, “What will be the impact of this choice on the instructional contributions of our assessment system?” as well as, “Will the accountability strengths of this assessment program be strengthened or weakened by this particular under-consideration choice?” To be clear, the two dominant measurement missions of a state assessment system are more than rhetorical window dressing for a revamped state testing program. Those two functions should be constant yardsticks against which all assessment-related activities are appraised. If a state assessment program cannot simultaneously improve students’ learning while helping citizens evaluate the caliber of their state’s schools, then such a state assessment program should not exist. In order to make certain an external testing contractor satisfies both the instructional and accountability functions of a truly defensible state assessment program, state officials must carefully monitor the degree to which these dual emphases are being implemented by the selected contractor.To be candid, the nation’s test-development contractors currently do not possess enough corporate instructional acumen so that, were they to be chosen to build and operate a dual-mission state testing program, they could tackle the program’s instructional function with any prospect of success. However, any test contractor, if it chose to do so, could sufficiently bolster its instructional expertise so that, when necessary, sound instructionally relevant decisions could be made. Such vendor-

strengthening, in almost all instances, will definitely be necessary. Thereafter, continual scrutiny by state personnel of the contractor’s dual assessment emphases would be mandatory. Testing companies are simply not experienced in building instructionally supportive assessment systems. Most external testing companies, if not overseen actively by a state’s assessment and instructional personnel, are apt to regress toward their conventional, measurement-as-usual activities—activities typically unrelated to the daily demands of classroom instruction. n

References The Commission on Instructionally Supportive Assessment (October 2001), Building Tests to Support Instruction and Accountability: A Guide for Policymakers. Washington, D.C., Author Popham, W. James (2008), Transformative Assessment, Alexandria, VA: Association for Super vision and Cur r iculum Development. Popham,W. James (2009), Unlearned Lessons: Six Stumbling Blocks to Our Schools’ Success, Cambridge, MA: Harvard Education Press.

W. James Popham is a noted author and professor emeritus at the University of California at Los Angeles. He was a leading figure in the movement that promoted criterion-referenced measurements and has been active and productive in the area of educational test development.

Part Two of this article, focusing on the five attributes of an educationally defensible assessment system, will be featured in TASA’s Fall INSIGHT. Attribute 1: Assessment of Only a Modest Number of High-Import Curricular Aims Attribute 2: Provision of Clear Descriptions of Each Curricular Aim Assessed Attribute 3: Inclusion of Enough Items to Measure Every Student’s Mastery of Each Curricular Aim Assessed Attribute 4: Creation and Distribution of Resources to Support Teachers’ Use of the Formative-Assessment Process Attribute 5: Assuring a State’s Accountability Tests are Instructionally Sensitive

Summer 2010

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Emotional Triangles and Self-Differentiated Leadership Successfully Leading Innovation in Schools by Gary R. Tucker and Lloyd Goldsmith

Compare a classroom photo taken in the early 1900’s (Figure 1) to a classroom a century later (Figure 2) and persistence of form becomes apparent. Both classrooms are almost identical—desks in rows, posters on the walls. Many factors contribute to persistence of form. How many times in education have we experienced the introduction of a new program or innovation only to see the system regress to its former ways?

Figure 1: A classroom of the early 1900’s

Administrative, technological, and instructional changes are obvious when leaders introduce innovations into a school system.What is not obvious and what leaders are not prepared to address is what Edwin H. Friedman (2007) calls emotional processes of the organization, in our case a school system. We don’t think about schools having emotional processes, but they do. Our schools’ emotional processes contribute to persistence of form and must be understood by leaders if there is to be a new direction in public education as called for in TASA’s Creating a New Vision for Public Education in Texas. Leading a school through emotional processes requires a shift in perception. If this shift does not occur, innovations like those called for in the New Vision report will quickly regress resulting in a continuing persistence of form.

Three Thresholds

Figure 2: A classroom of the early 2000’s

C. Otto Scharmer (2009) employs a threshold metaphor to represent the point where shifts in perceptions must occur in order for habitual ways of seeing and acting to change.When innovations are introduced into a school system, three areas are impacted: technical processes, the system, and people. Where these areas interact with innovation, three thresholds appear, as described below. Successful leaders lead their organizations across these thresholds.

Summer 2010

First Threshold—functional. It appears where technical processes and people interact with the innovation (See Figure 3). People must be provided the necessary technical skills to function in new ways. Crossing this threshold requires hands-on professional development. With new training and ongoing support, a shift in skills occurs and new ways of seeing and acting begin to develop. The functional threshold is crossed. Placing interactive whiteboards in classrooms and training teachers with the necessary skills to fully utilize the interactive board’s features instead of providing no training and having teachers use them as traditional marker boards is an example of crossing a functional threshold. Second Threshold—process. Leading a system-wide innovation, like that called for in the New Vision report, creates a second threshold, the process threshold (See Figure 4). A school system is a complex interaction of processes and people. An innovation at this level requires faculty, administrators, and support staff to change their habitual ways of seeing and performing. To facilitate the change, resources must be dedicated for professional development and support. New understandings create excitement within the school as people cross the process threshold.

Figure 3: Leading innovation from technical processes.

Figure 4: Leading innovation through the system view.

However, it is at this point that leaders become aware of resistance, regression, and even sabotage. In time, processes regress and once again persistence of form prevails. The new program that launched so well begins migrating back to the way the school was prior to the innovation.What is it about the process threshold that creates such a challenge in leading schools? The answer requires leaders to understand a third threshold. Third Threshold—emotional. If we as school leaders shift our perception to view leading innovation through the “lens” of people, the third threshold appears (See Figure 5). What is this threshold? How do leaders guide their schools over this threshold? The answers to these questions begin by understanding emotional triangles.

Figure 5: Leading innovation through the lens of people.

Emotional Triangles Edwin H. Friedman (2007), author of A Failure of Nerve, asserts that leaders fail to understand that the three-person relationship or emotional triangle is the fundamental building block of all relationship systems. Emotional triangles are the foundation of larger organizational emotional systems. Not only are they foundational, they follow their own universal laws. Emotional triangles form out of people’s anxiety. They function 16

INSIGHT

to preserve themselves and oppose all intentions to change them. Emotional triangles interlock in a reciprocally selfreinforcing manner. They make it difficult for people to modify their thinking and behavior. Emotional triangles transmit a system’s stress to its most focused members. Friedman believes trying to change emotional triangles head-on is counterproductive and one of the most frustrating endeavors for leaders changing

their schools. Stopping the regression of a new program once it has started is a formidable chore for any leader. What is it about an emotional triangle that brings innovation to its knees? A living organism metaphor helps explain the power of emotional triangles. Living things are comprised of cells. Cells are individual units that group together and become differentiated to accomplish particular tasks.

Differentiated cells stay connected to other cells without losing their identity yet they perform a specialized task. For example, heart cells group together and become differentiated to pump blood; lung cells are differentiated to provide oxygen. Yet both heart and lung cells remain connected with other cells in the organism. Human beings function like cells. They form themselves into groups, such as families, school systems, or nations, and become differentiated. As differentiated people they carry out their differentiated tasks within their groups, yet remain connected with each other. A problem occurs when people in an organization are poorly differentiated. They behave like cancer cells. Cancer cells are poorly differentiated and no longer perform their differentiated tasks. It is bad enough that cancer cells no longer function as they should, but the greater issue is that cancer cells seek other cells to latch onto (triangulate) and infect. This process continues until the organism’s life is threatened. The poorly differentiated individual in an organization like a school is as life threatening to innovation as a cancer cell is to a human being. Not only do poorly differentiated individuals not “buyin” to the innovation—they infect others with their anxiety through emotional triangles. What sounds like harmless workplace gossip in reality is poorly differentiated people using triangulation to infect the organization with their anxiety. These individuals cannot handle one-on-one conflict with others so they attempt to “rope in” a third person thinking this will lessen their anxiety. This can be flattering for the individual being triangulated. It appears confidential information is being shared and the individual is being asked to assist in a situation. When this person becomes emotionally triangulated the result produces more anxiety in the system and the infection spreads. Friedman (2007) reminds us that persistence of form that

results from the regression of an innovation is not due to overwork or lack of resources. The persistence of form is the result of key individuals getting sucked into other people’s anxieties through emotional triangles.

Self-Differentiated Leaders The best method to confront emotional triangles is to develop self-differentiated

leaders. Self-differentiated leaders must be developed—they do not just happen— resources have to be dedicated. Selfdifferentiated leaders work like the human immune system; they possess the ability to resist the triangulating “cancer” of an organization (Friedman, 2007). Selfdifferentiated leaders address emotional triangles—what is lacking is a way of crossing the emotional threshold to create systemic change.

Understanding Theory U’s 5 Movements The five movements of C. Otto Scharmer’s Theory U provide the path for leading a school system across the emotional threshold (See Figure 6). Theory U was developed after years of studying learning organizations to discover why some learning organizations were successful in creating systemic change while others failed.

Figure 6: The 5 movements of the Theory U process. Sometimes insights come from unexpected places. Dick DeVenzio (2006a; 2006b), a gifted athlete and coach, had incredible insight and a gifted way of explaining what is required to create a championship team. His unique perspectives provides a straightforward way of understanding Theory U’s five movements in terms of creating systemic change in light of emotional triangles and self-differentiated leadership.

Summer 2010

1. Co-Initiating: Becoming SelfDifferentiated The old euphemism, “One bad apple can spoil the whole bunch,” holds special meaning to coaches. One bad apple and the whole team will be infected (DeVenzio, 2006a). Leaders who understand the power of emotional triangles understand the origin of this euphemism. The first movement of the U process, Co-initiating (See Figure 6), is about starting an innovation with a small team of self-differentiated leaders to keep the triangulating “cancer cells” out of the innovations launch. Starting a change at a school or system-wide level exposes the innovation to the dangers of emotional triangles. It is not as simple as selecting the right individuals for the Co-initiating team. It is critical that the Co-initiating team be trained as self-differentiated leaders. “It is very important as a coach (leader) to teach your people how they can help you. Often, you have to remind them to stand in opposition to the cancer, and you have to show them how.” (DeVenzio, 2006a, p. 75). Scharmer calls this building common intent. It doesn’t just happen.Winning teams quickly become losing teams when emotional triangles develop.

4. Co-Creating: The Unknown Factor of Champions happens, it is as if a new collective organ of sight opens up (Scharmer, 2009). The team becomes a team of self-differentiated leaders. Before congratulations are in order, however, Friedman (2007) reminds us that self-differentiation always triggers sabotage. Sabotage is a systemic part of leadership. Co-sensing teams must be prepared for sabotage just as any championship team. They must observe, observe, observe and be prepared.

When it comes to innovation, most of us have received the wrong education. “In all our training and schooling one important skill was missing: the art and practice of prototyping,” (Scharmer, 2009, p. 7). In prototyping, individuals explore alternatives, test theories, and try new ideas. This may sound exciting, but reality is different. Prototyping requires leaders who get outside the emotional climate of the day, have a willingness to be exposed and be vulnerable, and possess the capacity to persist in the face of resistance and downright rejection, while having the stamina to face sabotage and mutiny (Friedman, 2007). DeVenzio (2006b) calls this the unknown factor of champions. Champions are not made on the night 3. Presencing: Chess-Game of the event but years before when “… Vision nondescript, unimpressive little kids make “It always seemed like people were running a commitment and begin to carry it out all over the place, and now suddenly I’m daily. Propelled by their vision, they rise back there, and I can just see it all. I can see above the inevitable muck they encounter everything, like it all just slowed down,” on their way. That’s why we so adore true declared a youthful Terry Bradshaw just champions. There’s always some muck. It’s after completing a touchdown pass never easy.” (p. 328). (DeVenzio, 2006b). Bradshaw would go on to lead the Steelers to four Super Bowl titles. DeVenzio (2006b) calls this “chessgame vision”—Scharmer (2009) calls it “presencing.” It is that moment when suddenly the action unfolds clearly as if it were in slow motion. It only happens 5. Co-Evolving: The True Mark of with experience and is an indication that 2. Co-Sensing: Becoming a a Champion the emotional threshold has been crossed. Champion Scharmer (2009) states, “Once a group Evolving is about two forces. One force is Championship teams are forged when they crosses this threshold, nothing remains consistently introducing new variations; the understand that leadership is what every the same. Individual members and the other force is selecting for or eliminating team member does and leading yourself is group as a whole begin to operate with variations based upon “what is.” “What is” of foremost importance. It is encouraging, heightened level of energy and sense of constantly changes—so what is successful instructing, and involving yourself with future possibilities.” (p.7). A champion is at one point in time may be unsuccessful at your teammates that points the team to an athlete who adds chess-game vision to a different time. A self-differentiated leader understands both forces. Co-evolving is see together with new depth and clarity talent. (DeVenzio, 2006b). reviewing the varying outcomes from the (DeVenzio, 2006a). When co-sensing 18

INSIGHT

prototyping efforts and based on “what is” deciding which prototypes might have the highest impact on the system at hand (Scharmer, 2009). But it does not stop there, because “what is” constantly changes. “You might not accomplish whatever you set your mind to. Big deal. You can do a lot. So, do a lot. I think doing a lot—especially under difficult circumstances—is the mark of a true champion. Not winning every game. And certainly not doing everything you set your mind to.” (DeVenzio, 2006b, p. 330). Self-differentiated leaders do a lot and understand they will not accomplish everything they set out to accomplish. They also understand that what it takes to “win” today may not work tomorrow.

Conclusion DeVenzio (1999a) tells a story of a soldier who saw his leader on a big white horse carrying a gleaming sword. The soldier looked at his old rusty sword and thought to himself that he could fight too if he had a big horse and a shiny sword. When the action of the battle got heated, the soldier threw down his sword and ran away. About that time the leader’s horse was killed beneath him and the leader found himself on the ground, dazed and weaponless. He could see his troops losing morale and surrendering ground. He scrambled to his feet; looking around he saw a rusty sword on the ground. He grabbed the old sword and attacked the advancing enemy, rekindling the spirit of his men. The leader spurred his troops on to a victory with the very sword the complaining coward discarded as useless and inadequate. School leaders must never underestimate the corrupting power of emotional triangles. Schools will always have people who see their swords as rusty and see others on horses carrying gleaming swords. When battles become heated and emotional thresholds appear, they

will throw down their swords. Through triangulation they will do their best to prevent others from crossing the threshold. Self-differentiated leaders, no matter their position in the school system, will take that same rusty sword and lead their schools across this threshold. The regression of an innovation in our schools is not due to overwork or lack of resources but is due to the power of emotional triangles preventing people from crossing the emotional threshold. Schools implementing change like that called for in the New Vision report require developing self-differentiated leaders to defeat emotional triangles.Theory U provides the practical steps or movements that these selfdifferentiated leaders need to lead schools across the emotional threshold and make a new vision a reality. n

Gary R. Tucker, Ph.D., is director of ACU Online at Abilene Christian University. He served 19 years as a Texas secondary science teacher, mainly in the Andrews and College Station ISDs. He was nominated three times for the Presidential Award for Excellence in Science and Mathematics Teaching and received the President’s Award for instructional, scholarly, and service contributions at Northern Arizona University. Lloyd Goldsmith, Ed.D., is an associate professor in education, College of Education and Human Services, at Abilene Christian University, as well as past-president of the Texas Council of Professors of Education Administration. He served 17 years as a Texas principal in Gregory-Portland ISD.

References DeVenzio, D. (2006a). Runnin’ the show: Basketball leadership for coaches and players. Austin,TX: Bridgeway Books. DeVenzio, D. (2006b). Think like a champion: A guide to championship performance for student-athletes. Austin, TX: Bridgeway Books. Friedman, E. H. (2007). A failure of nerve: Leadership in the age of the quick fix. New York, NY: Seabury Books. Scharmer, C. O. (2009). Theory U: Leading from the future as it emerges. San Francisco, CA: Berrett-Koehler Publishers.

TCPEA Membership

The 2010–11 membership year is underway! We're looking forward to an exciting year, and need you to be an active part of it! The Texas Council of Professors of Educational Administration is dedicated to promoting the improvement and advancement of educational leadership by: • Helping members become more effective in their role as professors of educational administration. • Encouraging research, investigation, and dissemination of the research results. • Fostering positive relationships with state and national educational organizations. Visit us online to renew or join today! www.tcpea.org/

Summer 2010

Welcome to SyfrSpace! TASA’s newest subscription service

Space Learn about an exciting online learning community where educators meet to • collaborate • network • explore • discuss http://www.syfrspace.org

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TASA Grassroots

2011

Project Overview

State Budget and School Finance Data

Texas Public Schools Overview and Facts

Texas Public Schools: Issues for Discussion

Talking Points for Superintendents to Share with Legislators

Changes in the Accountability System from 2009— Highlights of HB3 Changes to School Finance System in 2009—Highlights of HB 3646

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TASA Grassroots Campaign reprinted with permission from INSIGHT Magazine,• Volume 25, No. 2 • Summer 2010

The 82nd Legislative Session is quickly approaching and now more than ever superintendents and other school leaders need to be talking with legislators about public education. The state’s estimated budget shortfall has risen to $18 billion. The governor, lieutenant governor, and speaker of the house have already directed cuts to state agencies totaling $1.25 billion. In addition, changes to the accountability system from 2009 and the upcoming transition to end-of-course exams require increased commitments from students, parents, educators, and elected officials. It is important for administrators to talk with parents, teachers, community leaders, and locally elected officials on education issues that impact Texas public schools. To help facilitate local discussions and partnerships, TASA has developed materials with statewide information regarding school finance, accountability, and state budget matters, among other topics. The materials are easy to understand and can be shared with all interested stakeholders in your community. It is equally important that superintendents share with legislators and other stakeholders what is happening in their local school districts with regards to school finance, increased standards, changing student demographics, and the many student success stories occurring. Our goal is to ensure every legislator is contacted by TASA members on relevant education issues prior to the next legislative session. Superintendents are valuable resources for legislators, and building meaningful dialogue with your locally elected leaders prior to the next legislative session is the best way to ensure superintendents are at the table when education issues and legislation are being crafted and deliberated. With the current budget crisis facing the state, Texas superintendents cannot afford to sit idle. Please contact Amy Beneski, Ramiro Canales, or Casey McCreary, TASA governmental relations staff, if you have any questions about the materials or need additional information in preparation for meetings with legislators and other interested stakeholders. In an effort to monitor which legislators have been contacted and how the meetings are progressing, we are asking superintendents to follow up with the governmental relations staff after their meetings with any relevant comments, recommendations, suggestions, etc.

406 East 11th Street • Austin, TX 78701-2617 • 512.477.6361, 800.725.TASA (8272) • Fax: 512.482.8658 • www.TASAnet.org

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TASA Grassroots Campaign reprinted with permission from INSIGHT Magazine,• Volume 25, No. 2 • Summer 2010

TASA Grassroots 2011

Purpose: n Provide

administrators with accurate information and materials about various education-related issues that can be shared with community members, teachers, parents, legislators, and local media outlets.

n Build

relationships with legislators so they will consider superintendents valuable resources and consult with them regularly before and during session on educationrelated matters.

n Ensure

that every legislator is contacted by at least three superintendents on education issues prior to the next legislative session (goal to include trustees and chamber reps if possible). information on how recent legislation has impacted districts and communities (finance, accountability).

Project Overview

Messengers: n

n n n

Resources n

State Budget Data & Facts › Estimated shortfall for 2011 Legislative Session › Stimulus funding appropriated for public education in 2009

Overview & Facts about Texas Public Schools and Funding › The basics › The five major cost drivers in education › The truth about fund balances

Issues Facing Texas Public Schools › School finance › Accountability › Erosion of local governance › Basic facts

Talking Points for Superintendents › School finance › Value growth › Open budget process at the state level › Local governance › Fiscal impact of legislation

Changes in the Accountability System from 2009 › Dropout exclusions › Financial ranking system › Graduation programs › State assessment system/end-of-course exams

Changes in School Finance from 2009 › Changes to the basic allotment, equalized wealth level, and $120 WADA › Salary increase › Facilities funding › Dual-credit

n Provide

n Seek

changes in state policy and legislation that reflect the work of the Public Education Visioning Institute.

Targeted Audiences: n n n n

Elected officials (state legislators, statewide officeholders, local elected officials) Parents Teachers Community members—local business leaders and professional organizations (rotary, chambers of commerce, etc.) Media

Superintendents (TASA committees and study group chairs) › Superintendents to recruit colleagues Trustees Local community and business leaders Other interested education organizations

406 East 11th Street • Austin, TX 78701-2617 • 512.477.6361, 800.725.TASA (8272) • Fax: 512.482.8658 • www.TASAnet.org

Data

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State Budget and School Finance

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TASA Grassroots Campaign reprinted with permission from INSIGHT Magazine,• Volume 25, No. 2 • Summer 2010

n The budget shortfall facing the Texas Legislature in 2011

is estimated at $18 billion. n The state’s Rainy Day Fund is expected to be $9 billion at

the start of the 2011 Legislative Session. n Only 188 school districts are on formula revenue, leaving

837 school districts under the target revenue system. n For 2009–10, the average target revenue is $5,341. The

number of districts at or above this average is 365, leaving 660 districts below the average.

Sales & Gas Tax Revenue Decline n

Comptroller’s office has reported 12 consecutive months of declining sales tax collections, which began in February 2009 and are expected to continue for some time.

For fiscal year 2010, sales tax revenues are down $1.3 billion as compared to December 2009.

Revenue generated from sales tax is a major source of funding for the state’s General Fund.

State and Education Budget Facts for the 2010–11 Biennium n

The state retains the majority of revenue generated from increased property taxes resulting from new growth and rising local property values.

Federal stimulus funds for the state total $12.05 billion. Approximately $6.4 billion is used to cover costs traditionally funded through General Revenue.

The total portion of federal stimulus funds appropriated for public education during the 2009 Legislative Session was $5.8 billion.

Stimulus funding for public education that is used to reduce the cost to the state’s General Revenue fund by $3.2 billion includes: › $1.866 billion for HB 3646 formula improvements and teacher pay increase; and › $1.3 billion to maintain the Foundation School Program.

State sales tax and natural gas tax collections are almost $1 billion short of projections in 2009.

406 East 11th Street • Austin, TX 78701-2617 • 512.477.6361, 800.725.TASA (8272) • Fax: 512.482.8658 • www.TASAnet.org

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TASA Grassroots Campaign reprinted with permission from INSIGHT Magazine,• Volume 25, No. 2 • Summer 2010

Texas Public Schools

The Basics n

There are over 4.7 million students in Texas public schools. › Student enrollment increases annually by approximately 75,000 to 80,000 students. This is equivalent to the total student enrollment at Fort Worth ISD. › New student growth requires 4,000 new teachers and classrooms each year. › Average cost of a new classroom is $150,000 (cost of classroom + salary and benefits for teacher). Approximately 647,000 Texans are employed by Texas public schools—328,000 are teachers. Other vital employees include: 312,000 educational aids, auxiliary staff, campus administrators, and professional personnel. Central administrators account for only 6,600 positions. › In many cities and communities, the school district is the largest employer. › Some school transportation departments are larger than transportation departments run by major cities. The state retains the majority of revenue generated from increased property taxes due to rising local property values and new growth. When taxes from new growth and property values increase, the state’s share of funding for education decreases by that exact amount.

The Lottery nets only about $1 billion a year because half of the gross revenues must pay overhead costs and prize money. › Lottery proceeds are a source of state revenue but provide no additional funding for public schools.

Overview &Facts

Why isn’t $40 billion a year enough to run Texas public schools? There are five major cost drivers in public education that districts have little or no control over and that account for the majority of school expenditures. 1) Student growth and changing population › The student population increases by approximately 80,000 per year. › Over 56 percent of Texas schoolchildren qualify for the Free and Reduced Lunch Program, and the number of students qualifying increases annually by one-half percent. More resources are needed to ensure these students succeed. › Schools are the “first responders” for many government services, and communities rely on districts for assistance beyond educating students. Examples: school lunch program, emergency evacuation centers, medical services (H1N1), after-school programs, etc. › Education is a labor-intensive business, and this is especially true as we serve more students with increasing educational needs. 2) Increasing standards › State and federal standards increase with little or no corresponding increase in resources (college readiness, postsecondary readiness). 3) Salary and benefits › The average cost of paying a teacher, including salary and benefits, is approximately $60,000 a year. › Districts across the state spend approximately 80 percent of their budgets on salary and benefits for all employees. › Central administration accounts for only 3 percent of the budget. This includes superintendents, associate superintendents, business managers, and human resource directors. Also included in this percentage is the cost associated with tax appraisal and collection, and audit and accounting services.

406 East 11th Street • Austin, TX 78701-2617 • 512.477.6361, 800.725.TASA (8272) • Fax: 512.482.8658 • www.TASAnet.org

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TASA Grassroots Campaign reprinted with permission from INSIGHT Magazine,• Volume 25, No. 2 • Summer 2010

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Texas Public Schools Overview and Facts

4) Delivery model › The current delivery model is akin to an assembly line: Time is the constant, and performance is the variable. This method fails to recognize that students come to school with different skills sets and learn at different paces.Yet, schools are required to teach certain lessons at certain times regardless of whether this meets the needs of students. 5) Other uncontrollable costs, including utilities, insurance, fuel, food, etc.

The Truth about Fund Balances Most business officials will tell you that it is good business practice to have cash on hand that equals at least three months of operating expenses. Most districts need a fund balance equal to two months of operating expenditures to avoid borrowing money at the beginning of the school year. Tax statements are not distributed to property owners until October, and most property taxes are collected in December and January. As a result, many districts must operate for several months before they receive local tax dollars or state funding. A fund balance helps bridge this gap. Just like the state, districts also need a fund balance that serves as a “rainy day” fund to cover unexpected expenses. Additionally, prudent fund balances assist districts in securing the best bond ratings available, which saves local taxpayer dollars. Fund balances are clear indications that school districts are being responsible in their management of taxpayer funds and are operating under sound business practices.

406 East 11th Street • Austin, TX 78701-2617 • 512.477.6361, 800.725.TASA (8272) • Fax: 512.482.8658 • www.TASAnet.org

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TASA Grassroots Campaign reprinted with permission from INSIGHT Magazine,• Volume 25, No. 2 • Summer 2010

School Finance

Texas Public Schools:

Issues for Discussion

1. School districts continue to be funded under the static and arbitrary target revenue system, which funds districts without regard to the cost of student needs and results in great disparities. 2. The school finance system was not overhauled during the 2006 Special Session. Inequities in the system are still prevalent, and the gap will continue to widen until properly addressed by the state. 3. Rider 42 in the appropriations bill (81st Legislative Session) gutted the Student Success Initiative (SSI) formula funding and replaced it with competitive grants. SSI money was intended for programs and services for struggling students. Districts used these funds to pay for things like smaller class sizes to ensure struggling students receive more oneon-one instruction, and after-school tutoring programs, among other things. The agency didn’t notify districts that a change in this funding would begin during this school year until after school had started and long after budgets had been set. This funding change occurred in conference committee with NO public debate and no notice to districts. 4. The number of economically disadvantaged students entering public schools in Texas is increasing, as is the number of students whose primary language is not English. The cost to educate these students is greater, and districts need additional resources to keep these students on track. (The number of students qualifying for free and reduced lunch is 56 percent and growing at approximately one-half a percent annually.) Many districts across the state have a much larger population of students qualifying for the free and reduced lunch program. 5. The only way for districts to access additional funding is through legislation or by a Tax Rate Election (TRE), which puts more of the tax burden on the backs of local taxpayers. For many districts, passing a TRE to raise the tax rate is unlikely if not impossible. › Boards can no longer access pennies without an election. Much of a board’s power is now limited to the setting of budgets. › Districts need additional assistance with facility funding necessary for building renovations as well as new construction.

6. When taxes from property values increase, the state’s share of funding for education decreases. The state retains the majority of all money generated by new growth and local property value increases. In other words, the state is the beneficiary of local property value increases, not local taxpayers or school districts. 7. Utility costs, salaries, and benefits increase every year. The current school finance system needs an inflation factor to assist districts with these types of rising costs. 8. Districts have very little discretionary money. Most funding is earmarked either by the state or federal government. 9. The cost of implementing the 4x4 curriculum (math and science) has largely fallen on the backs of local districts and taxpayers. The legislature has failed to adequately fund this mandate. 10. There are too many competitive grants and not enough money flowing through the formulas. Many districts can’t afford to hire grant writers for the numerous grants and don’t have enough staff to keep up with them, which in turn means they can’t access the money. In addition, the applications are often long and tedious, asking repetitive information about school districts that is already known by TEA. 11. Districts receive state funding based on Average Daily Attendance (ADA) and are concerned about not receiving monies appropriated by the legislature for student enrollment due to absences caused by the H1N1 flu epidemic. It is unclear if TEA will hold districts harmless for this loss in funding even though the legislature appropriated money. Obviously, districts are not allowed to pay teachers only 95 percent of their salary when funding is lost due to absences. 12. In schools with declining enrollment, funding requirements do not necessarily decline. The loss of students does not equate to a loss in the need for teachers, facilities, supplies, etc. A class with 25 students that declines to 23 students still requires a teacher for the classroom, but the district will lose funding with the loss of those two students. 13. Fast-growth districts that have tremendous student enrollment increases face unique challenges in keeping up with funding for new facilities, transportation, utilities, insurance, and other essential operating costs.

406 East 11th Street • Austin, TX 78701-2617 • 512.477.6361, 800.725.TASA (8272) • Fax: 512.482.8658 • www.TASAnet.org

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Texas Public Schools: Issues for Discussion

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TASA Grassroots Campaign reprinted with permission from INSIGHT Magazine,• Volume 25, No. 2 • Summer 2010

Accountability

Facts about Texas Public Schools

1. Districts support accountability, but relying on assessments as sole indicators is not an accurate reflection of student, teacher, or district performance.

1. There are over 4.7 million students in Texas public schools. › Student enrollment increases annually by approximately 75,000 to 80,000 students. This is equivalent to the total student enrollment at Fort Worth ISD. › This growth requires 4,000 new teachers and classrooms each year. › Average cost of a new classroom is $150,000 (cost of classroom + salary and benefits for teacher).

2. Texas still operates under a system in which high-stakes testing drives almost every facet of public education, including curriculum, teaching, hiring, etc. Moving to endof-course exams will increase the number of high-stakes tests that students will be required to take and pass. 3. It seems that every time the legislature meets, it changes the system—making it increasingly difficult for students, parents, teachers, and administrators to adjust and implement long-term sustainable programs. 4. The current accountability system is almost as complex and confusing as the school finance system.

Erosion of Local Governance

2. Approximately 647,000 Texans are employed by Texas public schools—328,000 are teachers. Other vital employees include: 312,000 educational aids, auxiliary staff, campus administrators, and professional personnel. Central administrators account for only 6,600 positions. › Districts are often the largest employers in many cities and communities. › Some school transportation departments are larger than transportation departments run by major cities such as Houston.

1. Districts and their communities no longer have control of the school calendar. Many districts would like to begin the school year earlier, which would provide more preparation time for students taking TAKS. 2. Boards can no longer access pennies without holding an election to raise local taxes. 3. Grading policies are now legislated and will likely end up in court. Grading policies often reflect various ways districts try to prevent students from dropping out of school. This issue should be left to local boards to determine, not folks in Austin. 4. School districts have lost the legal authority to manage and review local leave policies. Legislation passed in 2009 prohibits districts from placing restrictions on an employee’s use of leave by prescribing the order in which the employee must use state personal leave and any additional leave provided by the district.

406 East 11th Street • Austin, TX 78701-2617 • 512.477.6361, 800.725.TASA (8272) • Fax: 512.482.8658 • www.TASAnet.org

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TASA Grassroots Campaign reprinted with permission from INSIGHT Magazine,• Volume 25, No. 2 • Summer 2010

Talking Points for Superintendents to Share

with Legislators

What superintendents across the state are asking of their elected representatives in Austin… Replace current funding system for schools

Superintendents urge the legislature to replace the current target revenue and hold-harmless system of funding with an adequate and equitable formulabased system for all school districts.

Return to a formula-driven system and rely less on grants

The number of discretionary and competitive grants has increased exponentially over the past several years. Many districts lack resources to apply for and monitor grants. In addition, the volatility of grant funding makes future budget planning difficult and creates uncertainty about sustainability of programs from year to year. Superintendents urge the legislature to return to a formula-driven system.

Ensure districts have discretionary funds

In order to meet local community needs, school boards must have “meaningful discretion” in the levying of taxes and the allocation of funding beyond what is required by the state. Superintendents urge the legislature to ensure state requirements don’t infringe upon the use of local discretionary funds.

Return tax dollars created by value growth to public education

Currently, the state retains the majority of revenue generated from increased property taxes resulting from rising local property values and new growth. When taxes on new growth and rising property values increase, the state’s share of funding for education

decreases. Taxpayers pay these increased taxes with the expectation that public schools are the beneficiary. Superintendents urge the legislature to return this money to the public school system for the benefit of all public schools.

Ensure the state budget process is open and transparent

Increasingly, the appropriations bill has been used as a mechanism to make major education policy decisions that should be stand-alone bills, separate from the state’s budget bill. Incorporating stand-alone bills into the appropriations bill, especially during the final hours of the session, is not open or transparent government and lacks accountability on the legislature’s part. Superintendents urge agencies and the legislature to discontinue using the appropriations bill to make major education policy changes without public input.

Institute a moratorium on major changes to the accountability system

Since 2006, the legislature has continually made major changes to the state’s accountability system. Superintendents urge the legislature to refrain from making major changes to the accountability system until the impact of recent changes on students, teachers, and communities can be assessed.

Call on and expect accountability from legislators on the contents of educationrelated bills School leaders from across the state urge legislators to carefully review education-related bills, especially those focused on school finance and academic accountability. Superintendents stand ready to help legislators review and provide feedback on the impact of education legislation, especially relating to school finance and accountability.

Return control to local schools and their communities More and more decisions about education are made in Austin by the legislature or other state agencies. Superintendents urge legislators not to pass any additional legislation that further erodes local governance and centralizes additional power in Austin. The state’s intrusion on school start date is an example of an issue that should be determined by local communities.

Ensure the use of accurate local cost estimates

Fiscal analyses (fiscal notes) required for legislation are generally accurate in estimating state costs of proposed legislation, but are often inaccurate in estimating costs to local governments and communities. This problem occurs at the administrative level as well, when rules are adopted by state agencies. Superintendents urge legislators to create a mechanism to challenge incorrect estimates of the local cost of various proposals, with some consequence to the state—either the state pays the unfunded cost of the new requirement or districts aren’t required to adhere to the requirement.

406 East 11th Street • Austin, TX 78701-2617 • 512.477.6361, 800.725.TASA (8272) • Fax: 512.482.8658 • www.TASAnet.org

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Changes in the Accountability System from 2009

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TASA Grassroots Campaign reprinted with permission from INSIGHT Magazine,• Volume 25, No. 2 • Summer 2010

Highlights of HB 3

Accreditation and Accountability n

Continues to allow a district’s accreditation status to be raised or lowered based on the performance of a single campus.

Maintains timeline for district accreditation sanctions, despite increasing flexibility in campus-level accountability sanctions.

Performance Indicators n

Dropout Exclusions n

Penalizes districts by delaying the implementation date for six new exclusions until 2011–12; the exclusions reflect circumstances outside district control; e.g., when a judge issues a court order requiring a student to attend a GED program.

Financial Ranking System n

Requires the Comptroller to “identify districts and campuses that use resource allocation practices that contribute to high academic achievement and cost-effective operations,” and use the information to rank districts.

Increases flexibility in the choice of elective courses only for students in the Recommended High School Program (RHSP).

Unintentionally decreases incentive for students to graduate under the more challenging Distinguished Achievement Program (DAP) because the bill does not address flexibility in elective course options for this graduation program.

Decreases latitude for students to graduate under the Minimum High School Program (MHSP) and did not address flexibility in elective course options for this graduation program.

Provides an unrealistic implementation timeline that led most districts to adopt local policy, keeping current graduation requirements in place for the 2009–10 school year.

Increases the number of performance indicators related to the quality of learning and student achievement to an estimated total of 45 (original TEA estimate) with potential for future increases.

State Assessment System/End-of-Course (EOC) Exams n

Increases focus on high-stakes testing.

Mandates development of a new assessment system in grades 3–8 that aligns vertically through EOC levels.

Adds hurdles for students graduating under the: › RHSP who must now meet the passing standard on the Algebra II and English III EOC exams. › DAP who must now meet college readiness standards on the Algebra II and English III EOC exams.

Limits options for students who take dual-credit courses by providing for a dual-credit “feasibility” study, rather than permitting successful completion of a dual-credit (collegelevel) course to satisfy corresponding EOC exam requirements.

Increases complexity in managing retesting at the high school level: › Example #1: a Class of 2015 senior may need to take all three tests in mathematics in his/her final year of school to be able to meet the cumulative score requirement in that subject area; › Example #2: local districts must decide whether or not to recalculate students’ GPAs if students retake EOCs and earn better scores, which has direct implications for class rank and top 10% eligibility; › Example #3: districts must decide how to manage assigning course grades if a student happens to be ill during the window of opportunity for taking the relevant EOC.

High School Graduation Programs n

Limits options for students who need career-oriented course options the most for the 4th math and science credit by adding a requirement that Algebra II and physics be successfully completed before such career-oriented courses can be taken.

406 East 11th Street • Austin, TX 78701-2617 • 512-477-6361, 800-725-TASA (8272) • Fax: 512-482-8658 • www.TASAnet.org

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TASA Grassroots Campaign reprinted with permission from INSIGHT Magazine,• Volume 25, No. 2 • Summer 2010 Changes in the Accountability System from 2009—Highlights of HB 3

State Interventions n

Provides for slightly more adaptive sanction timelines and provisions for teacher and principal retention.

Increases ways in which potential exists for intervention on the part of the commissioner and TEA. For example, the commissioner can: › Intervene based on results of so-called “report only” measures related to performance of prior-year students who did not pass a state assessment. › Investigate districts where there is potential for significant improvement in resource allocation practices per the comptroller’ study.

Requires triennial reviews of standards and assigns the commissioner and higher education commissioner with the task of increasing system rigor over time – but doesn’t parallel the commitment by infusing resources into the system to help students and schools keep pace with the increased rigor.

Student Advancement Determinations n

Eliminates high-stakes grade advancement requirements for grade 3 students.

Increases high-stakes grade advancement requirements for students in grades 5 and 8, who must: › Complete any prescribed accelerated instruction (AI) after each failed attempt (three opportunities to pass the test are given) before being promoted, meaning districts must offer services between the end of July through the school start date (forcing year-round operations with no ADA); › If promoted, be assigned to a teacher who meets all state and federal qualifications to teach the relevant subject and grade level.

Increases AI requirements by mandating that such instruction be provided to every student who doesn’t meet the passing standard on any state required assessment in grades 3–8, while also maintaining AI requirements for all students not passing EOC exams.

Fails to ensure funding follows increased requirements for AI. › Rider 42, General Appropriations Act phased out formula funding for AI grant programs for struggling students in K–8, replacing such grant programs with multiple new stringent competitive grant programs geared towards college readiness.

Student Assessment Data Portal n

Requires TEA to prepare data that enables comparisons at classroom, campus, and district levels, which brings potential for misuse of data that does not currently exist.

406 East 11th Street • Austin, TX 78701-2617 • 512-477-6361, 800-725-TASA (8272) • Fax: 512-482-8658 • www.TASAnet.org

Highlights of HB 3646

Funding Increases

n io ct Se

Changes to School Finance System in 2009

ial ec Sp

TASA Grassroots Campaign reprinted with permission from INSIGHT Magazine,• Volume 25, No. 2 • Summer 2010

Facilities Funding

Sets the Basic Allotment at the greater of $4,765 or 1.65 percent of the average statewide property value for the first 100 pennies for fiscal years 2010–13.

Establishes a permanent roll forward of the Existing Debt Allotment (EDA), which no longer requires the passage of legislation for continuation of the program.

Sets the Equalized Wealth Level at $476,500 for 2009–10 and is tied to the Basic Allotment.

Provides an increase in the Basic Allotment and the Equalized Wealth Level if statewide property values increase.

Gives districts an additional option for securing bonds. If a district’s application for the Permanent School Fund (PSF) is rejected, the district may apply for credit enhancement bonds through the Intercept Program.

Provides each district with a minimum annual increase of $120 per weighted average daily attendance (WADA) and caps the increase at $350 per WADA above current law at the compressed rate for 2009–10. Subsequent years are capped at $350 per WADA compared to the prior year’s revenue per WADA at the compressed rate.

Gives districts an additional $650 allotment for each student in average daily attendance (ADA) who has a parent or guardian serving on active duty in a combat zone and for each student who has transferred to a campus as a result of a military base realignment.

Salary Increase n

Requires districts to spend the greater of $60 per WADA or an amount equivalent to $800 for employees on the minimum salary schedule, and for speech pathologists. This pay raise is in addition to any local salary step increases under a district’s 2008–09 salary schedule. › Allows districts to reduce the salary increase to pay for costs related to social security.

Facilities Funding for Open Enrollment Charter Schools n

Allows the commissioner to adopt rules to assist charter holders in obtaining financing for the purchase, repair, or renovation of real property, including improvements to real property for facilities.

Provides that 1 percent of the total amount appropriated for the Foundation School Program (FSP) may be allocated for this program. Requires private matching funds for participation in the program.

Dual–Credit n

Allows districts to count students attending dual-credit courses for ADA purposes even if a student pays tuition, fees, or for required textbooks. Proposes an interim study on the issue.

406 East 11th Street • Austin, TX 78701-2617 • 512.477.6361, 800.725.TASA (8272) • Fax: 512.482.8658 • www.TASAnet.org

Se ct io n Sp ec ial

TASA Grassroots Campaign reprinted with permission from INSIGHT Magazine,• Volume 25, No. 2 • Summer 2010

TASA Governmental Relations Contact Information TASA Offices: (800) 725-8272 Amy Beneski, abeneski@tasanet.org Ramiro Canales, rcanales@tasanet.org Casey McCreary, cmccreary@tasanet.org Denise Biggs, dbiggs@tasanet.org

406 East 11th Street • Austin, TX 78701-2617 • 512.477.6361, 800.725.TASA (8272) • Fax: 512.482.8658 • www.TASAnet.org

Applying Daniel Pink’s Mastery: A Story for Our Readers by Richard Erdmann

Daniel Pink’s very popular book Drive talks about mastery as the second of three elements of motivation (autonomy, mastery, and purpose)i. Pink suggests that mastery itself has three elements: Daniel Pink is the featured speaker at the 1st General Session at the TASA/TASB Convention.

• FIRST, you need a mental framework of the infinite rather than the finite.You must believe that you can improve your skills at any task you are presented. • SECOND, in addition to believing that you can improve, mastery requires that you enjoy the process of improvement over the simple finality of success. • THIRD, mastery requires grit and deliberate practice. Pink defines grit as a passion for and perseverance toward long-term goals. A personal story illustrates how a mental framework, continuous improvement, and grit worked for me.

September 24–26, 2010 George R. Brown Convention Center Houston, Texas Registration and housing now open! http://www.tasa.tasb.org/2010/ c

In the early fall of 2008, Christine Drew, who is my business partner, and I did a series of workshops for a group of roughly 100 science coaches in the Atlanta Public Schools.The workshops focused on the science of neuroscience, because it allowed us to explore how science works as well as new things about teaching and learning from the neuroscience research at the same time. At the end of each session of the first workshop, we asked the participants to apply what they had learned both personally and professionally in some wayii. We challenged ourselves to apply the research as well, and I decided to tackle my weight. I had gained approximately one pound, on average, for every year since I graduated from high school (isn’t language wonderful—how little weight that appears to be). I was now about 45 pounds heavier than in high school, so I thought I would apply neuroscience to losing weight. The ideas from the neuroscience studies are very similar to Daniel Pink’s, so I will relate my experiment to Drive.

Summer 2010

Believe in the Infinite— Improvement Is Possible I definitely thought that my weight was under my control. I thought that a combination of exercise and diet would do it. I fit into Pink’s first category—I believed that I could improve my weight.

Enjoy the Process of Improvement over the Finality of Success Pink’s idea of being an asymptote, to use his word, requires a love of the journey and a sense of always wanting to do better. This is a concept that Pink borrows from David Galenson’s book Old Masters and Young Geniuses iii. An asymptote is a curve that as it approaches a line the distance between them approaches zero but never reaches zero. Galenson uses artists as examples, as do we in our ArtWalk series iv in SyfrSpace. He writes of how Picasso would finish a work and think of it as done; whereas, Cezanne would no sooner finish than he was planning how to do the same painting differently or better. Edward Deming used Japanese manufacturing companies and called it continuous improvement. A speaker at Autodesk during a recent TASA/ Syfr Field Trip put it another way and described it as a 21st century skill.

feedback and decided to compete with other rowers, which I could do by posting my times online. Moving up the list would meet my criteria for incremental success in reaching my long-term goal. For me it did not work. Consistent with Pink’s idea of continuous improvement, I decided to compete against myself. I would simply try to row faster and would do it with a timed row once a week. It worked, and I enjoyed beating my previous score. I basically met the criteria for enjoying the journey.

Deliberate Practice and Grit As the words deliberate practice might imply, not all practice is equal. There are numerous characteristics of deliberate practice, but pushing limits is a good one that pertained to my rowing. I had been rowing for probably eight years at this point and, basically, as I got older, I got slower. I would row for approximately 30 minutes and not push myself at all. Long, consistent practice that did not push my limits did not make any impact on my times or weight.

INSIGHT

What kept me focused on improvement? One thing was technique. It is amazing how easily proper technique can slip, and I found that if I focused on the technique, my times would improve even if I were not watching the clock. Today, I think about technique still and compare it to systematic review—like playing the scales in music or layups in basketball. Then, I would continually set timing goals. I would do a warm up in the morning and set a goal more or less based on how I felt that day. The goal always pushed past my perceived limit. As I rowed, I had time and distance benchmarks every few minutes, and I’d adjust if I missed one. Once a week I would compete against the prior week, and I would row close to exhaustion on that day.

Intensity is an area where I made big changes. Certainly, focus on technique and A recent book by David Shenk, The Genius times resulted in intensity, but I discovered in All of Us vi, does an excellent job of that was not enough. Short spurts of intense explaining deliberate practice, wherein rowing followed by a slower, longer pace he emphasizes this idea of pushing limits, did work. It is called interval training. This often to the point of exhaustion. The is something I did daily and still do. characteristics of practice that factored into my program were focus (what we Rowing alone, however, was not going to call engagement), technique, goal setting result in weight loss. I had to have multiple resulting in pushing my limits, and intensity. and aligned strategies. I go to the gym

During the Field Trip, the Autodesk speaker was asked what the company looks for in an employee. The speaker mentioned “a sense of becoming rather than of having arrived.” He said that success is transitory, so they look for people who derive great Daniel Pink’s grit translates more or pleasure and value from the journey v. less into the attitude that allows one to persevere and be persistent over time. It In my weight loss program, this certainly seems to be a necessary ingredient characteristic required experimentation. if one is to push one’s own limits over a I am a rower. I have a rowing machine at prolonged period of time. home and already was rowing about 6,000 meters per day. I assumed that I could focus My rowing was in for a transformation. on rowing faster and this would contribute to weight loss. To be successful, I knew Focus was a good place to start. I had been that I needed some kind of incremental rowing while listening to NPR with a

notepad nearby—hardly a model of focus or engagement. Twice a week I began rowing with no NPR, and the notepad was gone for good. For me, multitasking was out vii.

five days a week for 20 minutes and work with weights, but the diet was obviously important. It took about six months to lose 23 pounds. I have kept the weight off for a year, pay attention to diet and continue to exercise with deliberate practice. What could this possibly have to do with teaching and learning? Actually, I think that it has a lot to do with teaching and learning.

Grit or an attitude of “stick with it” is one of the more interesting characteristics in Pink. In the book The Miner’s Canary x, As I am writing this article, Christine grade point average is discussed as a better is writing a series of podcasts on Doug indicator of college success than the Lemov’s book Teach Like a Champion viii. SAT score. I believe that the reason for The book pertains to all three of Pink’s the correlation of college success with components of motivation, but it starts GPA is that persistence, or grit, over time with describing techniques to instill high outweighs one time measurements. GPA is expectations in students. One is “no opt an indicator of persistence over time. out”—students are simply not allowed to get away with “I don’t know.” They have An even better indicator is participation to hear themselves give the right answer. in Advanced Placement courses. Why? In Teach Like a Champion transfers two aspects Pink’s terminology, Advanced Placement of my story into education. First, it is about courses push one’s self to the limit over a technique—technique matters. Not all long period of time. teaching is equal. Second, the personal characteristics we are trying to develop can Culture be taught. Not necessarily through a lecture but through the structure and practices In the Field Trip, Ed Catmull described in the classroom. Always having to give the importance of trust, and, in Pixar’s case, xi the right answer at some point develops the contribution of stability to trust . He talked about the need to be able to critique different expectations in students. another’s work to result in growth and a Roland Fryer recently published a better product rather than defensiveness xii study on incentive pay for students, and and hurt feelings . He felt that a culture his study suggests that these personal of both trust and creativity were needed characteristics can be taught and that Pink’s to make it work.This is true for students as first component of motivation might also well as teachers.

Translating into Teaching and Learning

be correct (autonomy)ix. In the study, he questions why students, paid directly for their test results, did so poorly relative to other pay schemes. One of his theories is that students did not know how to learn and perhaps did not believe that they could really influence their own scores. Had they been taught how to learn, how to live with delayed gratification, they would have done better. With a sense of high expectations (believing that they could influence results) and the self-discipline that accompanies delayed gratification, they would have done better. He suggests that these characteristics can be taught. In this study, it was interesting to note that the students with the most autonomy or ownership over their work had the highest results. It is Pink’s contention that autonomy is the most critical ingredient in motivation.

Endnotes The links in the endnotes take you to the TASA e-learning community, SyfrSpace, which is a subscription service through TASA. You can learn more about SyfrSpace by calling Richard Erdmann at 360.335.0352, emailing Christine Drew at cdrew@syfrcorp.com, or subscribing through TASA by going to www.syfrspace. net and using the subscribe button on the left.The service is inexpensive and designed for administrators as well as teachers.There are book studies on Drive and Teach Like a Champion currently available with CPE credit also available upon request. For those of you with a subscription, here are the links to additional articles and related podcasts. i

There will be four BookNotes posted on the book Drive by the end of June. Currently the BookNote on Autonomy is available at http://www. syfrspace.net/page/drive-autonomy-1.

The work in Atlanta on neuroscience came from The Brain that Changes Itself, http://www.syfrspace.net/page/ the-brain-that-changes-itself and Train Your Mind Change Your Brain, http:// www.syfr space.net/page/trainyour-mind-change-your. Since the Atlanta workshops, additional books on neuroscience have been added to BookNotes. They include Brain Rules, http://www.syfrspace.net/ page/brain-rules-part-one and http:// www.syfrspace.net/page/brain-rulespart-one along with Brain and Culture, http://www.syfrspace.net/page/brainand-culture. Author interviews are also available with Train Your Mind Change Your Brain and Brain and Culture.

iii

Old Masters and Young Geniuses by David Galenson was posted the last week of May, and it describes this idea of becoming or emerging as opposed to finishing.

We need to foster an atmosphere in schools relative to teaching and learning that views continuous improvement as part of a process and not a reaction to failure. It must become a consistent and persistent practice if students and teachers are to perform better. n

Richard Erdmann is CEO and founder of the Syfr Corporation, a company dedicated to initiating and nourishing a culture of change in American education that embraces innovation and creativity while expecting all students to excel, independent of their demographics.

Summer 2010

The ArtWalk is a series of podcasts about change using a story of Impressionism as the connecting theme, http://www. syfrspace.net/group/artwalk.

This podcast is about Autodesk’s description of the 21st century high school graduate, http://www.syfrspace. net/page/the-21st-century-graduate.

The Genius in All of Us will have a posted BookNote in June that discusses mostly the genetic argument in his book.

vii

A podcast entitled Multi Tasking was posted during the last week of May.

viii

There are several BookNotes on Teach Like A Champion, a book study, and a few more BookNotes due. The links are http://www.syfrspace.net/page/ teach-like-a-champion-part-1, http:// www.syfrspace.net/page/teach-likea-champion-part, and http://www. syfrspace.net/page/teach-like-achampion-an. The Connections podcast used a comment from Ed Catmull, CEO of Pixar, about the complexity of ideas to introduce Roland Fryer’s study on incentive pay for students, http:// www.syfrspace.net/page/ideas-are-notsimple-they-are.

The Miner’s Canary BookNote is based on the 10% rule at The University of Texas.The link is http://www.syfrspace. net/page/the-miners-canary-1.

This podcast was based on a Harvard Business Review article by Ed Catmull, the CEO of Pixar, http://www. syfrspace.net/page/21st-centurycreative.

xii

This podcast looks at dailies in Pixar as a vehicle for sustaining a creative culture in which continuous improvement is the norm, http://www.syfrspace.net/ page/pixars-view-of-assessment.

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INSIGHT

TSPRA VOICE TASA joins TSPRA in supporting the critical role of public information and communications professionals in Texas public schools

Going One on One with the Media: Steering Interviews in the Right Direction by Mark May

Although many superintendents get used to speaking before groups of people like parents, board members, and fellow educators, the idea of a solitary reporter with a video camera and a spotlight pointed at us can send us into convulsions of anxiety.We wonder what we should or should not say. How should we respond to the “tough” questions? Well, here is a quick guide to help you thrive in these situations while building up your “brand” (that is your school district image) for the future. Begin talking right off the bat. Whenever I’m meeting a reporter who wants to discuss a delicate situation (angry parent, incident at a campus, etc.), I begin explaining things immediately. Don’t wait quietly for the camera to get set up and start rolling. By the time the reporter is meeting with you, they have already done some interviews and have an understanding from the other side. This will influence their line and tone of questioning. By starting right off, the reporter begins to understand your side.This will have an impact on the way they phrase questions when the camera starts to roll. Look at the reporter not the camera. This will help keep you focused. Cameras can be distracting. By looking the reporter right in the eye, you will look poised and confident on camera. Use key words to preface your message. How many times have your most important statements been left out of the 8–10 second clip that makes the air? Since time and space are limited, reporters are looking for a key sentence or statement that will serve to explain things in a simple and concise manner.You can help them recognize it. Preface your main message with something like “What is important for the community to know is….” or “the key for our students here is….” And that brings us to… Bridging. Bridging is bringing the interview or question back around to your message.A reporter might ask about your low TAKS scores or failure to meet AYP.You acknowledge the shortcoming and then continue with your bridging statement.“Our science scores remain a source of concern for us, and I believe it’s important for the community to know that we will be evaluating this area and producing a step-by-step plan for improvement.”

Summer 2010

Give same answer no matter how boring. We once had a reporter who asked an administrator the same question five times at different points in an interview.The administrator gave one response four times and on the fifth one, a little exasperated, changed his answer slightly to express some regret. Guess which response made the air? Don’t allow yourself to become frustrated. Just keep giving the same answer to the same question every time. If interviewing by phone, have some statements written out. This is a good way to get yourself quoted or to get the crux of your message out there clearly. Before you return that phone call, write down a couple of key statements that you want to get across. This will also help you “bridge” things back to your message if the questions get off-track. Call first when you know bad news is coming. A few years ago, we had a school under construction that looked like it might not be ready for the first day of classes. Instead of waiting until calls came in, we contacted the media about two weeks before school began to let them know of the situation. We had a plan put together to house students at nearby schools and shared all this with the media. Instead of stories centered on an ill-prepared school, the focus was on how we were preparing contingencies and seeking the media’s help to communicate the situation to the public. As it turned out, the school was able to open on time. Call the reporter you trust. Confessing the potential bad news brings up another good point. As you develop relationships with reporters, there will be some you know you can trust to handle a situation fairly and others who are out to make a name for themselves. Call the reporter you trust directly instead of the editor or TV producer. If you have reporters who are also parents in your district, they can be a good place to start.

INSIGHT

Schedule some meetings with media at a school. When appropriate, schedule to meet media for interviews at a school. Elementary schools have cute, photogenic children. At secondary schools, you can meet somewhere that illustrates your school’s technology, like a computer or science lab. Libraries also make nice, quiet, educational settings. This can convey that you are hands-on with your programs and on top of things in your district.

and offer to set an appointment. Ask the reporter his or her deadline. Insist you will get back with them before their deadline and then walk away. Don’t wait for a reply. Walk away.

On complex stories, give them copies of your data. You have to make budget cuts and explain why. Rather than the reporter taking the numbers you’re throwing out and making their own graphic, create one for them that shows what you are doing in a simple manner. Avoid education speak. Most reporters They are more likely to use your version if do not have an education background you provide it. and their audience definitely doesn’t. Stay away from acronyms like SIOP and Use today’s story to pitch another one. CSCOPE. Don’t say “our curriculum As the reporter begins to leave, now is the is aligned with the TEKS.” Instead say, time to pitch the next story. Perhaps one of “This is aligned with our state standards.” your schools just received new computers Think simplify.Also note, in your market, or the district qualified for a grant. The you may have a number of reporters reporter’s job is to find stories. Mention a who are young and do not have children. “good news” item as the reporter is leaving Their attitude and experience with and have your public information officer school stems solely from their experience follow up with a phone call or e-mail. as students themselves. There might be times you need to point out the obvious, I hope this helps. Using these techniques like how something will benefit students can help you get your message across more often and sustain public confidence in your or parents. schools and programs. n Set an end time. Have your secretary explain to the reporter outside your Mark May is a community information specialist office that you have another engagement for McAllen ISD. He worked as a talk show soon and then have her “interrupt” at host in news radio and as a print reporter for that time.This allows you to wrap things nearly 9 years, and in school public relations for up and you won’t seem like you are the last 10 years. He is currently a member of the Texas School Public Relations Association’s running out on them. Executive Committee, representing the Gulf Don’t cave in to ambush interviews. Coast Region. Once in a while, a reporter might walk right up to you outside somewhere with the camera already taping and start to pepper you with questions. This is an ambush interview and you don’t have to cave in to it. Stay calm, look the reporter in the eye, and ask them why they are doing this? Use their name. Explain that your district has always dealt with the media fairly and there is no reason for this kind of grandstanding. Tell them you have to get somewhere right now

Summer 2010

TASA Fall 2010 Calendar September 2010 14–15 Leadership Development Process

Jody Westbrook

San Antonio, TX

15–16 First-time Superintendents Academy, Session One Experts in the Field

Austin Marriott North Hotel, Round Rock, TX

24–26 TASA/TASB Convention

Houston, TX

Jody Westbrook

Houston, TX

11–12 50 Ways to Close the Achievement Gap

Elizabeth Clark

TASA, Austin, TX

19–22 Level I Curriculum Management Audit Training

Jan Jacob

TASA, Austin, TX

October 2010 5–6

Leadership Development Process

19th Annu

First-time Superintendents’ Academy

Four Academy Sessions led by Experienced Superintendents and Other Practitioners Registration Now Open for Session One! September 15–16 Austin Marriott North Round Rock, Texas What You Learn: • • • • • • • • •

Effective superintendent practices School law Contract negotiations Facility planning School finance and budgeting Time management Technology leadership Instructional leadership Productive superintendent/board relations

www.tasanet.org

INSIGHT

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Book Review by Lu Stephens

Leadership: Theory and Practice, Fifth Edition by Peter G. Northouse This revised volume of Leadership was written with the purpose of closing the gap between oversimplified approaches to leadership and the more theoretical summaries of approaches to leadership. This book explores in a clear way how theory can affect leadership in the way it is practiced. The last revised volume added chapters on women and ethics, whereas this revision added a new chapter on “Authentic Leadership.” This edition contains updated research findings; new everyday applications; and expanded discussions of selected leadership topics, psychological capacities, and women’s leadership. About the author: Dr. Northouse is a professor of communication in the School of Communications at Western Michigan University. For more than 20 years, he has taught leadership, interpersonal, and organizational communication on both the graduate and undergraduate levels. In addition to publications in professional journals, Northouse is the author of Introduction to Leadership. His scholarly and curricular interests include models of leadership, leadership assessments, ethical leadership, and leadership and group dynamics. He has worked as a consultant in a variety of areas, including leadership development, leadership education, conflict management, and health communication. He holds a doctorate in speech communication from the University of Denver and master’s and bachelor’s degrees in communication from Michigan State University. Leadership: Theory and Practice, Fifth Edition by Peter G. Northouse

These topics cover a broad spectrum in specific and practical ways. The reading is interesting. This edition is current and relevant to 21st century leadership.The format is the same as in other Northouse books, and includes case studies at the end of each chapter. He includes many resources to enhance the reading and teaching, including self-assessment questionnaires and figures and tables for clarity.The focus is on real-life situations. This volume treats leadership as a complex process having multiple dimensions.The nature of leadership is examined from many perspectives and compared to various definitions and issues. Leadership has limitless appeal. It is a phenomenon. It involves leaders and followers.This book selects various approaches to leadership and then describes how they can be used to improve real-life situations. Chapters 2–5 offer leadership approaches. The approach is described, then discussion follows with how the approach works. Strengths, criticism, and application discussions follow. Case studies, questionnaires, and a summary close out the chapters. Resources are available to use with chapters for teaching and training. They include questions, activities, and power points. Chapters 6–9 describe leadership theories. Each chapter is formatted beginning with a description of the theory and how it works. Strengths, criticism, and application of the theories follow.The theory chapters end with case studies, questionnaires, and a summary. Chapter 10 is the newly added chapter on authentic leadership, and one of the newest areas of leadership research. It was identified in the 1990s in transformational leadership but never fully explained. Northouse states that it has emerged because our

Published by SAGE Publications, 2010, 432 pages ISBN: 8132104471

Summer 2010

Outstanding features of this book include how consistently the chapters are organized. The easily understood and clear writing and explanation of approaches and theories are good. The instruments at the end of each chapter are very helpful.The resources available for the reader/instructor/trainer/ learner are remarkable. This book is ready to be used on many levels, including in staff development, training, undergraduate and graduate programs, organizations, businesses, schools, and universities. This book can help aspiring leaders and leaders to do a better job. The author had his eye on the future when he put this book together. This book is by far the best on leadership Northouse has written and would be an asset to an educator’s library as a resource and for practical utilization. n

Educating leaders for 50 years September 24–26, 2010 George R. Brown Convention Center Houston, Texas

TASA /TASB ConvenTion 2010

society is demanding good leadership with trustworthy leaders. Chapters 11–15 bring in different perspectives regarding team leadership, a psychodynamic approach, women, culture and leadership, and ethics.

GENERAL SESSION SPEAKER

DANIEL PINK This book review was written and submitted by Lu Stephens in response to a discussion that took place in a Higher Ed Advisory Committee meeting held during the TASA Midwinter Conference. Dr. Stephens is an associate professor at Lamar University, Educational Leadership Department, and a former principal and superintendent of schools.

Best-selling author and an expert on innovation, competition, and the changing world of work

NEW THIS YEAR! Investment officer training Registration and housing open June 15, 2010, at tasa.tasb.org.

tasa.tasb.org 44

INSIGHT

Legal Insights Personal Electronic Communications and the Texas Public Information Act:

Will the Public Get the Message? The proliferation of the use of technology has dramatically transformed the workplace. Electronic mail, the internet, personal data assistants, cell phones, and texting have revolutionized communication to the extent that employees have adopted such technologies as the primary tools to perform daily tasks and communicate with colleagues, vendors, and customers. However, a byproduct of the increase in workplace technologies is the attendant increased use of the same technologies to conduct personal business. Further, employees often use their personal computers, cell phones, and personal communication devices to perform business-related tasks.

no Texas court or statutory scheme has specifically addressed this question, the Texas Attorney General has weighed in on the issue and established some criteria to determine when electronic communications must be disclosed under the Act.

Definition of “Public Information” under the Open Records Act

Section 552.002 of the Texas Government Code defines “public information” as information that is collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business (1) by a governmental For employees of governmental entities body or (2) for a governmental body (including school districts), a question arises and the governmental body owns the as to whether personal communications, information or has a right of access to it. regardless of whether they are generated, Tex. Gov’t Code § 552.002(a). According received, or maintained utilizing to the Attorney General, the definition of government resources or personal e-mail “public information” is “not dependent accounts or other forms of electronic on considerations such as whether the communication on personal devices, requested records are in the possession of are subject to disclosure under the Texas an individual or whether a governmental Public Information Act (“Act”). Although body has a particular policy or procedure

that establishes a governmental body’s access to the information.” See Tex. Att’y Gen. ORD 635 at 3–4 (1995); see also Tex. Att’y Gen. ORD 425 (1985). Thus, the Attorney General has opined that, under Section 552.002, information is generally “public information” within the scope of the Act when it relates to the official business of a governmental body. See Tex. Att’y Gen. ORD 2005-06753 (2005).

Personal Communications Utilizing Government-Funded Technology Texas law is relatively unsettled with respect to the issue of whether electronic communications that are personal in nature, and are generated, received, or otherwise maintained utilizing government resources, are subject to disclosure under the Act. For example, several early Attorney General decisions have held that certain types of personal handwritten notes created by public employees were not “information collected, assembled, or maintained” by a governmental body pursuant to law or ordinance or in connection with

Summer 2010

the transaction of official business and, therefore, were not subject to disclosure under the Act. See, e.g., Tex. Att’y Gen. ORD. 77 (1975); 116 (1975); 145 (1976). However, more recently, the Attorney General has concluded that similar personal notes and other personal information may fall within the definition of “public information” and be subject to the Act unless the information is otherwise exempt from disclosure under the Act or by some recognized privacy right. See, e.g., Tex. Att’y Gen. ORD 635 (1995); 626 (1994); 450 (1986). In determining whether this personal information was subject to disclosure, the Attorney General considered the following factors: whether the information was collected in connection with the transaction of official business, whether government resources were used to generate or maintain the information, and whether the personal information was accessible to other government employees. See Tex. Att’y Gen. ORD 635 (1995). The above factors notwithstanding, the Attorney General has acknowledged that statutory exemptions or commonlaw privacy principles may prohibit disclosure under the Act. Although the Act will be liberally construed in favor of disclosing the requested information, the governmental entity can withhold personal communications or other personal documents if the governmental entity can provide a compelling reason to withhold public information, such as when (1) the disclosure of information implicates a constitutionally protected privacy interest of a party other than the governmental entity; or (2) the entity is prohibited by statute from disclosing certain information and, therefore, the information is exempt from disclosure under the Act. Doe v.Tarrant County District Attorney’s Office, 269 S.W.3d 147 (Tex. App. – Fort Worth 2008, no pet.). Statutory exceptions to disclosure will be interpreted narrowly. See, generally, Loving v. City of Houston, 282 S.W.3d 555 (Tex. App. – Houston [14th Dist.] 2009, pet. denied). 46

INSIGHT

Common-law privacy protects information that is (1) highly intimate or embarrassing, such that its release would be highly objectionable to a person of ordinary sensibilities and (2) of no legitimate public interest. See Industrial Found. v. Texas Ind. Accident Bd., 540 S.W.2d 668, 685 (Tex. 1976), cert. denied, 430 U.S. 931 (1977). As a general rule, the types of interests protected by privacy are limited. See Tex. Att’y Gen. ORD 600 (1992); 478 (1987); 455 (1987); see also Whalen v. Roe, 429 U.S. 589, 599–600 (1977). One is the interest in independence in making certain important decisions related to the “zones of privacy” pertaining to marriage, procreation, contraception, family relationships, and child rearing and education that have been recognized by the United States Supreme Court. See Tex. Att’y Gen. ORD 455 at 3–7 (1987); see also Fadjo v. Coon, 633 F.2d 1172 (5th Cir. 1981). Another constitutionally protected privacy interest is the freedom from public disclosure of certain personal matters, such as records pertaining to certain personal financial matters. See Tex.Att’y Gen. ORD 455 at 6–7 (1987); see also Ramie v. City of Hedwig Village,Texas, 765 F.2d 490 (5th Cir. 1985), reh’g denied, 770 F.2d 1081 (1985), cert. denied, 474 U.S. 1062 (1986). However, this aspect of constitutional privacy always involves the balancing of the individual’s privacy interest against the public’s interest in the information and is reserved for “the most intimate aspects of human affairs.” Tex. Att’y Gen. ORD 455 at 7, 8 (1987). There are also Fourth Amendment implications associated with a public employee’s use of government resources for personal communications and determining whether such communications are subject to disclosure under the Act. The Fourth Amendment to the United States Constitution safeguards “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. Const. amend. IV. This guarantee applies not only to criminal investigations but also to a government employer’s search and

seizure of an employee’s private property. See National Treasury Employees Union v. Von Raab, 489 U.S. 656, 665 (1989). As the United Supreme Court held in O’Connor v. Ortega, “Individuals do not lose Fourth Amendment rights merely because they work for the government instead of a private employer.” O’Connor v. Ortega, 480 U.S. 709, 717 (1987). Therefore, in determining whether a personal communication is subject to public disclosure, a governmental employer must consider whether the employee has a reasonable expectation of privacy with respect to the communication. In some instances, the employer’s implementation of a formal written policy putting an employee on notice that the use of government-provided electronic devices is not confidential and may be monitored at any time effectively precludes an employee’s reasonable expectation of privacy with respect to electronic communications on government-provided devices. O’Connor, 480 U.S. at 719. Most school districts have already adopted policies that provide such notice. See, e.g., CQ (LOCAL) – ELECTRONIC COMMUNICATION AND DATA MANAGEMENT. However, it is important for school districts to understand that the implementation of actual practices that are contrary to the adopted policies of the district may restore the employee’s reasonable expectation of privacy with respect to the personal electronic communication. Quon v. Arch Wireless Operating Co., Inc., 529 F.3d 892, 895–897 (9th Cir. 2008). There is no specific Texas authority addressing personal e-mail communications, personal text messages, or other electronic forms of personal communications involving resources owned or paid for by a governmental

entity.1 Whether particular information is exempt from disclosure, including whether the public has a legitimate interest in such information, will be determined on a caseby-case basis.Tex. Att’y Gen. No. JM-906 (1988); Tex. Att’y Gen. ORD 600 (1992); 545 (1990); 373 (1983). However, based on the series of most recent Attorney General opinions, such communications will likely be subject to disclosure under the Act unless the communication falls within one of the established statutory exemptions or the communication falls within a common-law privacy right, which protects only that information determined to be highly intimate or embarrassing, such that its release would be highly objectionable to a person of ordinary sensibilities, and of no legitimate public interest.

among other things, that information sent to individual school trustees’ homes was public information because it related to official business of the governmental body) [overruled on other grounds by Tex. Att’y Gen. ORD 439 (1986)]. Such documents are subject to disclosure even though they were not within the entity’s possession or otherwise “physically controlled” by the governmental entity. Id.

official as a private individual. Tex. Att’y Gen. Open Records Letter No. 200910762 (2009).

Summary

Texas law as it relates to the disclosure of personal electronic communications under the Texas Open Records Act is still in the developmental phase. However, based on the Attorney General decisions and judicial Within the last decade, the Attorney decisions issued to date, tangible forms of General has considered privacy objections communication that relate to the official lodged in response to requests to disclose business of a governmental body, regardless infor mation from pr ivately owned of whether it is maintained by a public technology, such as personal e-mail official or employee of the governmental accounts and telephone records. See, e.g., body or the governmental body itself, is Tex. Att’y Gen. Open Records Letter presumed to be “public information” and Nos. 2003-1890 (2003); 2003-0951 (2003). will be subject to disclosure under the Act However, the Attorney General has stated unless there is a statutory, constitutional, that information in a public officeholder’s or common-law basis for precluding Personal Communications personal e-mail account may be subject disclosure. Moreover, absent any applicable Utilizing Privately Funded to the Act where the officeholder uses statutory, constitutional, or common-law Technology the personal e-mail account to conduct exemption preventing public disclosure, Texas law relating to the disclosure of public business. Tex. Att’y Gen. Open communications and documents that personal electronic communications Records Letter No. 2005-01126 at are personal in nature, but are generated, on privately owned technology is still 3 (2005); see also Tex. Att’y Gen. Open received, or otherwise maintained utilizing developing. However, based on prior Records Letter No. 2003-1890 (2003) government resources, will fall within the Attorney General decisions, information (finding that personal cellular, personal definition of “public information” under n and/or documentation addressed to office, and home telephone records, as the Act and subject to disclosure. members of the public or city officials that well as the e-mail correspondence from relates to official city business concerning personal e-mail accounts of the mayor the requested specified issues would be and the commissioners that relate to the This article is for informational purposes only subject to disclosure under the Act. See transaction of official city business is subject and is not intended to be a substitute for legal Tex. Gov’t Code §552.002(a); see also Tex. to disclosure under the Act); and 2003- advice. Specific questions and circumstances Att’y Gen. ORD 425 (1985) (concluding, 0951 (2003) (finding that e-mails relating to regarding the issues addressed in this article should be individually discussed with legal district business to be public information). counsel. 1 However, the United States Supreme However, to the extent that such Court has heard argument in a case information does not relate to the conduct Neal W. Adams that addresses the issue of whether a of public business, such information would Jerry D. Bullard government employee has a reasonable not be subject to disclosure under the Act. Allan S. Graves expectation of privacy in personal Tex. Att’y Gen. Open Records Letter text messages sent and received using No. 2003-1890 at 2 (2003). Adams, Lynch & Loftin, P.C. a government-issued device. City General Counsel of Ontario, California v. Quon, No. 08- The Attorney General has also considered Texas Association of School Administrators whether other forms of electronic 1332. The Court’s holding in Quon, which is expected be issued by June communication, such as text messages, are 2010, may provide additional guidance subject to the Act. Like all other tangible to governmental entities seeking to forms of communication, text messages place reasonable controls on the use of that relate to public business will be subject to the Act, even if maintained by the public government-provided technology.

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