Wisconsin School News - September 2013

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September 2013  |  Volume 68 Number 3 T H E O F F I C I A L P U B L I C AT I O N O F T H E W I S C O N S I N A S S O C I AT I O N O F S C H O O L B O A R D S, I N C.

John H. Ashley Executive Editor

Sheri Krause Director of Communications

Shelby Anderson Editor n REGIONAL OFFICES n 122 W. Washington Avenue Madison, WI 53703 Phone: 608-257-2622 Fax: 608-257-8386 132 W. Main Street Winneconne, WI 54986 Phone: 920-582-4443 Fax: 920-582-9951

SCHOOLS ARE ADOPTING INTERACTIVE PROGRAMS TO MAKE ENVIRONMENTAL EDUCATION ENGAGING.., page 4

n ADVERTISING n 608-556-9009 • tmccarthy@wasb.org n WASB OFFICERS n

John H. Ashley

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Nancy Thompson Waterloo, Region 12 President

Mike Blecha

Wanda Owens Barneveld, Region 9 2nd Vice President

Patrick Sherman Genoa City J2/Lake Geneva, Region 13 Immediate Past President

Shelby Anderson

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The initiatives and work at schools leading Wisconsin’s environmental education revolution

Executive Director

Green Bay, Region 3 1st Vice President

Digging In

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Preparing for Teacher and Principal Evaluations

Time to Tweet Terrance Falk Using social media to distribute information and connect with stakeholders

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Shelby Anderson Wisconsin’s ambitious path to implementing one of the nation’s most robust Educator Effectiveness Systems

A Broader Perspective Catherine Cruickshank, Mark S. Boehlke,Sam Statz Why master planning is critical for effective use of district construction dollars

n WASB BOARD OF DIRECTORS n Stu Olson Shell Lake, Region 1

Steve Klessig Brillion, Region 8

Capt. Terry McCloskey Three Lakes, Region 2

Alice Marquardt Rio, Region 10

Bill Yingst, Sr. Durand, Region 4

Colin Butler Kettle Moraine, Region 11

Rick Eloranta Owen-Withee, Region 5

Terrence Falk Milwaukee, Region 14

Florence Hyatt Onalaska, Region 6

Jim Long Hamilton, Region 15

Mary Janssen Little Chute Area, Region 7 Wisconsin School News (USPS 688-560) is published 10 issues per year by the Wisconsin Association of School Boards Inc., 122 W. Washington Avenue, Madison, WI 53703. Contents © 2013 Wisconsin Association of School Boards Inc. Subscriptions are available to nonmembers for $40 per year. Periodicals postage is paid at Madison, Wis. The views expressed in Wisconsin School News are those of the authors and do not necessarily represent WASB policies or positions. POSTMASTER: Send address changes to Wisconsin School News, 122 W. Washington Avenue, Madison, WI 53703.

D E P A R T M E N T S

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C O L U M N S

2 News Briefs 3 Viewpoint — New School Year, New Opportunities 22 WASB Insurance — Can You Impact Your Workers’ Compensation Costs? Yes You Can! 24 Association News — Gearing Up for the Educator Effectiveness System; WASB Executive Coaching Program Workshop; Upcoming Events

26 Legislative Update — School Start Date Debate 28 Association News — Service Associate Q&A, John Gibson 29 Legal Comment — Accommodating Parents and Visitors with Disabilities in Schools 32 Calendar Cover and table of contents photos by Deni Storm Photography


NEWS BRIEFS

ACT Scores Show Mixed Results

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he Department of Public Instruction reports that, among states with 50 percent or more of students taking the ACT college admissions exam, Wisconsin tied with Iowa for second. Wisconsin’s composite score held steady at 22.1. The national average is 20.9. Minnesota led the nation with a composite score of 23. The ACT measures students’ college-readiness benchmarks in English, mathematics, reading, and science. The college readiness benchmarks predict the likelihood of student success in a credit-bearing, first-year college course in each specific subject area. According to the recent results, 50 percent of Wisconsin students earned

POLL: Americans Oppose Vouchers, Don’t Know About Common Core

STATISTIC OF THE MONTH

67%

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ecently released results from the annual Phi Delta Kappa/Gallup education poll revealed that 70 percent of respondents oppose school vouchers — up from 55 percent last year. This marked the highest percent of Americans opposing vouchers in the poll’s history. Among other findings, 62 percent of respondents indicated they hadn’t heard of the Common Core State Standards. Among public school parents, 55 percent reported not knowing anything about the Common Core State Standards. Many of the one-third of Americans who have heard of the academic standards seemed to have misunderstandings about them. Many believe all states have to adopt the standards. The poll also found diminishing support for standardized testing — less than 25 percent of respondents indicated that they believe increased testing has improved public schools. On a positive note, while respondents remained critical of the U.S. education system as a whole, a rising percentage of parents indicated increased support for their local schools. N

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benchmark scores in three or more of the four subject areas. Nationally, only 39 percent of graduates met benchmarks in three or more subject areas. The Associated Press reported that only 26 percent of students nationwide met benchmarks in all four subjects. The results also show that Wisconsin continues to struggle to close the achievement gap. The composite score for black students in Wisconsin was 16.2, compared to 23.1 for white students. In Wisconsin, 71 percent of graduating students took the ACT. That number will grow as Wisconsin joins states that use the ACT as part of their statewide testing program. n

Percent of eligible students applying for the statewide voucher program who attended private school last year. Source: Department of Public Instruction

President Calls for Federal Rating of Colleges

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uring a two-day tour of colleges and universities in the eastern U.S., President Barack Obama proposed a plan for the federal government to rate the nation’s post-secondary institutions in an effort to hold them accountable for performance and control increasing tuition costs. By the 2015 school year, the president hopes to begin evaluating colleges on measures such as average tuition, percentage of lowincome students enrolled, and how much debt students have when they graduate. “Higher education should not be a luxury,” Obama told students at the University of Buffalo. “It is an economic imperative that every family in America should be able to afford.” n


VIEWPOINT

Jo h n H . A s h l e y

New School Year, New Opportunities

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he Class of 2026 showed up on your school’s doorsteps this fall — with backpacks nearly as big as they are and an enthusiasm for learning that’s even bigger. Despite all of the challenges facing public education today, the start of the new school year is always an exciting time in education. The new kindergarten students join us at a time of ongoing financial challenges and a host of school accountability initiatives under way — the Common Core State Standards, Educator Effectiveness, Universal Design for Learning, Response to Intervention (RtI), revamped student assessments, and the list goes on. Meanwhile, school leaders are continuing efforts to close the achievement gap, increase graduation rates, reduce truancy and suspension rates, improve school safety, implement technology upgrades, and a myriad of other endeavors important to our students’ success. At the same time, the public debate over school vouchers and voucher accountability rages on. Under the new statewide expansion, 500 students are eligible for a publicly funded voucher this fall. Of those students who applied, more than two-thirds are already private school students. If this trend holds, most of the $10.5 million initial, two-year price tag for statewide voucher expansion will likely be spent to provide vouchers for students who had already found a way to do what the state will now pay them to do: attend private school. If the goal of the expanded voucher program is to open new educational opportunities for students who truly haven’t been able to afford them, it is questionable whether the state is accomplishing its objective. The public needs to continue debating the merits

of private school vouchers and school board members need to play an active role in that debate. But we know that the hard work of educating students continues regardless. The excitement for a new school year always runs high. Soon you’ll be hearing about your students’ successful science projects, listening to them perform complicated musical scores, congratulating them for winning a regional writing contest, and acknowledging your student athletes’ victories. More than ever, your community needs to know about these accomplishments, too. In an era of increasing competition, public education must be a collective venture and a community-wide priority, and the public must see school board members as the right people — working with the community and the superintendent — to make this happen. To succeed in this mission, we need to embrace the enthusiasm of the season and find ways to bolster our own learning as we move forward together on improving student achievement and engaging our communities. To help you, the WASB is hard at work to provide professional development opportunities for board members:

b The Fall Regional Meetings, taking place in each WASB Region in September and October, will highlight local, innovative programs and initiatives happening at local schools.

b The WSAA/WASB Employment and School Law Seminar, taking place Oct. 10-11 in Wausau and Oct. 31-Nov. 1 in Madison, will feature the respected school attorneys from the WASB and the Wisconsin School Attorneys Association. Presentations will

cover topics such as bullying and harassment policies, pupil records, teacher non-renewals, resolving board conflict, and more.

b Looking further ahead, we will be holding the Legislative Advocacy Conference on Nov. 9 in Stevens Point. With public schools facing increasing competition and major accountability initiatives under debate and scrutiny, this important event will help you understand the current political landscape and how to bolster your advocacy efforts.

b Finally, of course, is the year’s premier professional development opportunity — the annual State Education Convention, Jan. 22-24 in Milwaukee. The line-up for speakers and sessions are shaping up and you’ll want to book your hotel room today so you can be part of this exciting gathering of public education leaders. If you have questions or problems that you can’t readily find answers to, start here, with the WASB. Just pick up the phone and call us or send us an email. The WASB’s experienced staff and consultants can help in addressing your legal, policy and governance issues as well as provide in-depth organizational analyses specific to your district. There is much to look forward to in public education. I hope that you are as excited about the new school year and the opportunities as I am. I look forward to showcasing the innovative, award-winning opportunities that Wisconsin schools are providing their students at our upcoming events and in our publications. Keep up the good work and I look forward to seeing you this fall! n

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Digging In The initiatives and work at schools leading Wisconsin’s environmental e ducation revolution Shelby Anderson

This year, the U.S. Department of Education recognized four schools and one school district in Wisconsin as Green Ribbon Schools. Only California and Washington had as many schools recognized as Wisconsin. With some of the best resources and organizations supporting environmental education in Wisconsin, the state has become a leader in environmental education. This article provides a glimpse into some of the initiatives and work that this year’s Wisconsin Green Ribbon Schools are undertaking.

Fox River Academy

Appleton Area School District A public environmental charter school serving students in grades one through eight in the Appleton Area School District, the Fox River Academy was established upon the core belief that environmental education is a lifelong learning process important in developing good students and citizens. Each school day, the Fox River Academy lives up to that mission by exposing students to numerous environmental learning opportunities. In addition to being located near the Fox River, the school has

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five school gardens, one of which is wheelchair accessible. The school is also involved in a citizen science program at a nearby lake, and has completed a large-scale restoration of a 36-acre wetland. Principal Lori Leschisin said the wetland had been an eyesore, with trash accumulating and non-native species taking over. “It was basically a big weed bed,” Leschisin said. “But then our students went in there and completely brought it back to its original state.” Students planted native plant species, put up bird feeders, and even installed benches to attract people to the area, which borders a city park. The school has also taken steps to reduce the amount of waste it pro-

duces. Fox River Academy maintains multiple composting bins, including vermicomposting, which allow students to compost snack and lunch waste, and learn about the flow of energy and nutrients. The school also composts yard wastes, and uses composted material to enrich the soil for their gardens. Between a partnership with the city of Appleton and the Appleton Area School District, the Fox River Academy helps maintain and operate the Fox River Academy Green Teaching Building. The building, which houses Fox River Academy fifth- and sixth-grade students, was retrofitted with green features including technologies for lighting,


Students at Summit Environmental School in La Crosse benefit from having access to the Mississippi River near their school.

heating, and water conservation. The building recently installed demonstration solar panels, allowing students to calculate and monitor energy use. Naturally, the school’s curriculum also emphasizes a focus on environmental issues. Students address sustainability topics such as energy, transportation, recycling, wildlife, forestry, and water conservation. In addition, the school has started a service-learning project that will allow students to work with the city of Appleton to attain Bird City USA designation. Lessons, which often take place outdoors, are hands-on and collaborative. The school’s website says,

“Students who are inquisitive and benefit from hands-on learning would love Fox River.” “Everything they do is connected to the environment,” Leschisin says.

Summit Environmental School School District of La Crosse Only a couple years ago, Summit Environmental School was experiencing declining enrollment. Meanwhile, schools on the north side of La Crosse were overcrowded. Principal Dirk Hunter said it was obvious the school needed a rejuvenation. When he first arrived at Summit

Environmental School nearly 20 years ago, there was interest to form a school focused on environmental literacy. However, it wasn’t until the 2010-11 school year that the school began transitioning to an environmental choice school. During the transition process, school leaders reached out to staff, school committees, and community members. In the early stages, the school partnered with the Wisconsin Center for Environmental Education, which gave training for staff, provided supplies and resources, and offered on-going, onsite support for staff. In addition, the school established partnerships with a number of organizations and

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community partners such as the U.S. Fish and Wildlife Department, the Mississippi Valley Archeology Center, the Upper Midwest Environmental Sciences Center, and others. “We have well-established partnerships with dozens of community partners and it’s been invaluable for us,” Hunter said. The school revised its mission and vision and all teaching staff are now certified Project WET/WILD educators, which are programs that help educators teach about wildlife, habitat and water resources. Today, the school is thriving. After raising about $18,000, the school improved its grounds in order to provide enhanced outdoor learning including a habitat garden, food garden, and outdoor classroom, which was built using recycled and natural materials. The school’s location also provides environmental learning opportunities. The school sits on French Island on the Mississippi River. There is a wooded area bordering the school and a nearby community park. In addition, the school sits near a flood plain and the back waters, which provide more learning opportunities. Teachers also utilize the school’s landscape features as a part of regular curriculum and outdoor activities. “When we go outside, it really gets our students excited about their learning,” Hunter said. “When you are outside it increases those senses and enhances those learning experiences.” Each grade level is also partnered with an environmental agency in the community. Students take field trips to their community partner’s workplace or job site and the community partners visit the school to share their knowledge and expertise. Students also play a role through the Environmental Education club. Meeting weekly, students collectively identify energy saving practices, present findings to classrooms, draft articles for the school newsletter, and write school recommendations. Club

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activities include cleaning up the school forest, building benches, and conducting research on environmental topics. “Our desire at Summit Elementary is to create authentic learning experiences focusing on environmental interests of the students,” said Hunter.

Westlawn Elementary School Cedarburg School District

Students are taking environmental education into their own hands at Westlawn Elementary School. Among other projects, the students are involved in restoring a six-acre plot of woodland, known as the Westlawn Woods. The school is working with several partners to remove invasive species and build paths through the woods, which border the school. “Before we started, it was just one wild, overgrown tangle of woods,” says Principal Paul Sanders. The school has been working with a nearby nature center, the Department of Natural Resources, and a community group to help manage the woods. Sanders said Phyllis McKenzie of the Riveredge Nature Center helped

draw up a six-year restoration plan for the woods, which includes removing invasive species such as buckthorn and burdock and planting native trees. A community group, the Dad’s Club, helped the school remove the non-native species of trees, arriving with chainsaws in hand. Since work began three years ago, the school has planted nearly 500 native trees. In addition to planting trees and building walking paths, the students have put in bird feeders and removed trash from their woods. In the school, students have played a large role in energy monitoring and conservation. Students conduct energy audits and collect data such as temperatures in the classrooms, the number/types of bulbs and windows in the school, and appliances used in the school, and evaluate the school’s heating and cooling costs. From their audits, students submit recommendations to the school. Sanders said the audits have resulted in reduced energy consumption. Lights are turned off if they are not being used. Some light switches have been being taped in the off position so that they are not turned on unnecessarily during the school day.


Deni Storm Photography

system in a school. Since then the district has taken off in its efforts to reduce energy usage in its facilities. This year, the district was just one of 14 districts in the country to be recognized by the Green Ribbon program. The district now has a solar hot water system for its swimming pools, a solar voltaic (solar panels) at four of its schools, and a wind turbine at the high school, which generates about 5 or 6 percent of the energy used at the high school. “All of these systems are used by the classrooms in one way or another,” said Dennis Kuchenmeister, director of buildings and grounds. The Westlawn Elementary School During the 2011-12 school year devoted a special day to the launch of their alone, the district reduced its energy participation in the Green & Healthy Schools Wisconsin programs. usage by 6 percent. However, the district isn’t just focused on reducing its energy usage. When it comes to environmental education, the district is also a leader School District of Fort Atkinson in the classroom. Each of the district’s six schools has a Green Team, which leads their school’s efforts in recycling When it comes to renewable energy, and environmental education. The the School District of Fort Atkinson Green Team at one school was responhas long been recognized as one of sible for converting the entire district the leading school districts in the from disposable plastic lunch utensils state. In 2005, the district was one to reusable stainless steel, which has of the first to install a geothermal greatly reduced the amount of waste. At the high The Fort Atkinson School District was one of 14 districts nationschool, courses wide to be recognized by the Green Ribbon Schools program. include a natural resources class and a green technologies course. The school is also developing a STEM program focused on green technologies. The program will revamp some of the school’s traditional technology education courses by focusing on green building materials and energy efficiency systems such as solar and wind.

Environmental Education RESOURCES Wisconsin Environmental Education Board The WEEB is a consensusbuilding group on environmental education issues in Wisconsin, promoting environmental education in all segments of society. www4.uwsp.edu/cnr/weeb

Wisconsin Center for Environmental Education The WCEE assists in the development, dissemination, implementation and evaluation of teacher and student K-12 EE programs. www.uwsp.edu/cnr-ap/wcee

Environmental Education in Wisconsin This organization is devoted to promoting and developing environment education in Wisconsin. Also, includes resources and news related to environmental education in Wisconsin. eeinwisconsin.org

The district is focused on continuing to reduce it energy usage and improve its environmental education efforts. One of the district’s loftier goals is to get one of its schools down to net zero energy — meaning the school would produce all of the energy it needs onsite. If that were to happen, Kuchenmeister believes it would be one of the first public schools in the nation to achieve net zero energy usage. Until then, Superintendent Jeff Zaspel said the district is focused on continuous improvement. “We’re nowhere near done,” Zaspel said. “We have momentum and we want to keep building.” n Anderson is editor of Wisconsin School News.

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Preparing for

Teacher and Principal Evaluations Wisconsin’s ambitious path to implementing one of the nation’s most robust Educator Effectiveness Systems

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ext school year, the Department of Public Instruction (DPI) will be rolling out the state’s new Educator Effectiveness System. This school year, about 1,500 educators in about 225 school districts will be participating in the second year of a pilot program aimed at refining the system. Sheila Briggs, assistant state superintendent, and members of the DPI Educator Effectiveness Team have been busy developing and improving the system and getting information out to school districts. While the term educator effectiveness has been used more often in recent years, Briggs said school districts have been practicing educator effectiveness for many years. “Across the state, we’ve had a wide variety of what educator effectiveness looks like,” Briggs said. “We felt it was really important that

we become more consistent across the state and make sure the best practices with the best research behind them are being used.” Briggs emphasized that the Educator Effectiveness System has not been developed as a method to penalize teachers; rather it is focused on sharing best practices among

| Shelby Anderson

high-performing educators and helping struggling teachers improve. “This system was designed by and for educators — this was not something that we designed in isolation in a state office,” Briggs said. In fact, in 2010, the Educator Effectiveness Design Team, which included representatives from a diverse group of public education stakeholders, adopted the guiding principles and definitions of effective educators and principals. The Design Team included representation from the WASB, the Wisconsin Association of School District Administrators, the Wisconsin Education

“This system was designed by and for educators. This was not something that we designed in isolation in a state office.”

2010 | State Educator Effectiveness Design Team is formed

— Sheila Briggs, assistant state superintendent 2009

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2010


Teacher and Principal Evaluation Evaluations for teachers and principals will be half educator practice and half student outcomes.

Association Council, and, among others, the Association of Wisconsin School Administrators. “Some people thought we would never get agreement from all of these different stakeholders,” Briggs said. “But these groups are fully endorsing and excited about the Educator Effectiveness System.” | Evaluation Breakdown Under the new Wisconsin Educator Effectiveness System, half of a teacher’s or a principal’s evaluation will be based upon effective practice and the other half will be contingent upon student outcomes, such as test results, graduation rates, etc. The student outcome measures will rely upon multiple data sources to ensure accurate and fair representation of the teacher’s or principal’s impact on student learning. For instance, the evaluations use value-added test data, which remove factors that educators

have no control over. While half of a teacher’s or principal’s evaluation will be based on practice and the other half based upon student outcomes, the student outcome measures for teachers and principals break down differently. In the case of principals, state assessment results and school learning objectives (SLOs) make up the majority of the student outcome measures. In the case of teachers, student learning objectives (SLOs) comprise the greatest part of their student outcome measures. A small percentage of both teacher and principal evaluations will be based off of school-wide reading results and another small part will be based upon a measure of the district’s choice. “The district choice piece is really what you decide is the key goal or learning initiative,” said Katie Rainey, DPI education consultant.

2012-13 | Pilot program begins

2011

2012

2013

2013-14 | Pilot program expands, training begins

2014

| Practice Standards In 2010, the Educator Effectiveness Design Team selected Charlotte Danielson’s Framework for Teaching as the model of practice for teachers. This means that the half of teacher evaluation based upon teacher practice will be evaluated using Danielson’s framework. “It’s the only model, so far, for teacher practice that has research behind it,” said Rainey. According to Briggs, the framework is flexible, allowing for it to be used consistently across the state in a diverse range of classrooms. “The Danielson format is designed to be used in any setting in any pedagogy,” Briggs said. “It measures good teaching practices

2014-15 | School districts implement the Wisconsin Educator Effectiveness System

2015

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that any teacher should be doing in any setting.” Since no national guidelines for principals exist, their practice evaluations will be conducted using a rubric developed by the state. | Introducing Teachscape In conjunction with the Educator Effectiveness System, the DPI developed Teachscape — an online data

and support system for teachers and evaluators. Teachscape provides evaluators with in-depth training so teachers across the state are evaluated using the same methods and held to the same standards. “As a teacher, it’s nice to know that when someone is coming into your room, they’re going to know what quality instruction looks like,” Rainey said.

In addition, Teachscape serves as a resource for educators. It has hundreds of hours of video featuring educators teaching at different grade levels and different abilities. “As a teacher, it will allow you to identify where your strength is and what you need to do to get better,” Rainey said. “If I’m at Level 2, I can see what Level 3 looks like and what I need to do to get better.” Teachscape is currently just for

TEACHER EVALUATION PROCESS:

PRINCIPAL EVALUATION PROCESS:

Step 1: Teacher Evaluation System Orientation Step 2: Data Review, Reflection, and Goal Setting Step 3: Evaluation Planning Session Step 4: Observations, Evidence Collection & On-going Feedback Step 5: Mid-Year Review Step 6: Final Teacher Evaluation Step 7: Final Evaluation Conference Step 8: Use of Evaluation Results

Step 1: Orientation (Fall) Step 2: Self-Reflection and Educator Effectiveness Plan (Fall) Step 3: Evaluation Planning Session (Fall) Step 4: Observations and Evidence Collection (Nov. – Mar.) Step 5: Mid-Year Review (Jan. or Feb.) Step 6: Rating of Performance (Feb. through end of school year) Step 7: Final Evaluation and Final Evaluation Conf. (May or June) Step 8: Use of Evaluation Results (End of evaluation year)

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Teachscape provides evaluators with in-depth training so teachers across the state are evaluated using the same methods and held to the same standards. evaluating and improving educators’ practices. However, the DPI is developing the same online software system for principals. “We’re building this exact same system for principals,” Rainey said. “By the time we finish, it would make Wisconsin a national model.” | Lessons Learned The 2013-14 school year will be the second year of the DPI pilot program for the EE System. Last school year, 600 teachers in 115 districts were evaluated using the new evaluation system. “We learned that the student learning objectives process is incredibly powerful,” Rainey said. “Sometimes this was the first time educators were having these conversations.” In addition, the DPI found

that trust is crucial to successful evaluations. “I would say building trust is one of the most important things you can do,” Briggs said. In the first year of the pilot program, Briggs said, the DPI learned that trust between staff is essential in successfully carrying out the evaluation process. Even if your district doesn’t do a lot of initial training this year on the new EE System, Briggs said districts should be working on improving and fostering a positive school culture. Lastly, Rainey said, districts with a lead person on implementing the new system were the most successful. “We found that districts that were most prepared had a champion or coordinator to move the process along,” she said.

| Other Issues Briggs pointed out that if a district uses a different set of rubrics for teacher and principal evaluations that cover the same requirements of the state’s evaluation system, then that district may apply for equivalency and possibly use its own system. A consortium of districts, with the help of CESA #6, is working on doing just that. Another point Briggs stressed is funding. The DPI will provide a simple grant process for schools to help offset the expense of the evaluation process. Briggs said the grant will basically consist of districts telling the DPI how many educators will be evaluated under the EE System and then the DPI will direct funds to the district. Briggs said districts should apply for grants this fall so they can use this school year to get familiar

Educator Effectiveness System Readiness Tool The Department of Public Instruction (DPI) has developed a document designed to help school districts begin the process of implementing the Wisconsin Educator Effectiveness System. You can download this document at ee.dpi.wi.gov/files/ee/pdf/ eereadiness.pdf. For additional details on the Wisconsin Educator Effectiveness System, visit the DPI’s Educator Effectiveness website at ee.dpi.wi.gov.

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with aspects of the EE System such as Teachscape. Additionally, the DPI will begin formal training this fall. “The reason we’re applying for grant funds this fall, even though we’re not implementing until next year, is because this fall, all districts will apply for funds,” Briggs said. “They will have the entire school year to train and work with Teachscape software so they are prepared to implement next fall.” Another large part of the new EE System 50% is data. It will be central to tracking a teacher’s and principal’s progress and identifying high-level educators and those educators that need support. Rainey made clear that this data will not be made public. Also, Rainey pointed out that

districts will not have to submit data, the DPI will collect data statewide. “We at the state-level will not be sharing any data on a personal level or district level,” Rainey said.

22.5%

What Factors Into Principal Evaluation?

| Looking Ahead With even more educators and school districts involved in the pilot program, the DPI will further refine the system. Among other issues, the pilot will continue to examine funding and how long it takes to do each of the individual components and whole system. “We are very fortunate that we get to spend two years developing this system with teachers,” Briggs said. “We are doing this so we can refine the system, so we can make it the best system possible.”

m Practice m School Learning Objectives

2.5%

2.5%

22.5%

m State Assessment m School-wide Reading or Graduation

m District Choice

LEVELS OF PERFORMANCE

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P R I N C I PA L P R A C T I LEVEL 3 : Effective

LEVEL 2 : Minimally Effective LEVEL 1 : Ineffective Refers to a principal that does not convey understanding of the concepts underlying the element.

Refers to a principal who has the knowledge and skills to influence student and organizational learning, but whose application is inconsistent (perhaps due to recently entering the profession or recently transitioning to a new curriculum, grade level or subject).

LEVELS OF PERFORMANCE

Refers to successful, professional practice. The principal consistently leads at a proficient level. It would be expected that most experienced principals would frequently perform at this level.

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TEACHER PRACTICE LEVEL 3 : Effective

LEVEL 2 : Minimally Effective LEVEL 1 : Ineffective Refers to teaching that does not convey understanding of concepts underlying the component. This level of performance is doing harm in the classroom.

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Refers to teaching that has the necessary knowledge and skills to be effective, but its application is inconsistent (perhaps due to recently entering the profession or recently transitioning to a new curriculum, grade level or subject).

Refers to successful, professional practice. The teacher consistently teaches at a proficient level. It would be expected that most experienced teachers would frequently perform at this level.


Briggs said even if your district isn’t involved in the pilot program, it can begin preparing for implementation next year by participating in training and learning more about the implementation of the EE System. The first year of the implementation of the program will be next school year, 2014-15. Rainey said at this point all districts, unless they are granted an equivalency status, will be required to use the EE System. However, this doesn’t mean all educators need to be evaluated using the system in the first year. The expectations 50% of districts will be made clear as more implementation information is released by the DPI. Additionally, the DPI will provide training focused on

the process of implementing the system, data literacy, and developing communication plans. After the first year of the EE System, the DPI will do an evaluation of the system. Rainey and Briggs said

they want to make sure that it is giving consistent scores to teachers across the state, which will be key to identifying high-performing teachers and principals and those that need support. In the end, Briggs said, the EE System is aimed at continuous improvement and providing the best possible educators for our students. “The whole goal is to make our educators more effective to improve student outcomes.” n Anderson is editor of Wisconsin School News.

What Factors Into Teacher Evaluation?

2.5%

2.5%

45%

m Practice m School Learning Objectives m School-wide Reading or Graduation

m District Choice

CE

LEVEL 4 : Highly Effective Refers to a principal who involves staff, students and community to create a highly successful school. Principals performing at this level are leaders in the field, both inside and outside of their school.

LEVEL 4 : Highly Effective Refers to professional teaching that involves students in the learning process in innovative ways and creates a true community of learners. Teachers performing at this level are master teachers and leaders in the field, both inside and outside of their school.

Encouraging kids to believe in themselves can lead to amazing things. That’s why Junior Achievement and Kohl’s Cares partnered to bring you JA BizTown and JA Finance Park. Housed in the Junior Achievement Kohl’s Education Center, these programs empower kids as they experience the challenges of adult life. With the help of JA’s 90-year history, rewarding K-12 curriculum, and volunteer network, we’ll continue to inspire kids to pursue their biggest dreams. Learn more at wisconsin.ja.org

September 2013

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Time to

twitter Tweet Using social media to distribute information and connect with stakeholders Terrance Falk

A

fter the school shooting at Sandy Hook Elementary last December,

parents across the country were desperate for information and resources to help them and their children cope with this tragedy. How could they explain to their children what had just happened? Parents wanted to be honest with their children, but they also didn’t want to create unnecessary anxiety.

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Denise Callaway and her team at Milwaukee Public Schools sprung into action. They used various media outlets to connect with parents who were searching for information and resources. That outreach included text messaging and social media such as, Facebook and Twitter, along with the more traditional forms of electronic media, such as the district’s website. Today, social media is not just up and coming. It is already here. A growing number of parents have ditched their landlines and only rely on cell phones. In rural areas, smart

phones may be outstripping traditional Internet systems as cell phone towers go up faster than fiber optic cable is laid. Lower income parents are far more likely to have a smart phone than broadband. Even if they have broadband, they are more likely to use Facebook, Twitter, LinkedIn and text messaging than they are to surf the Internet or use email. Unfortunately too many school districts haven’t kept up. | Missing the Message Recently, the Wisconsin School Public Relations Association


(WSPRA) conducted a survey of Wisconsin school districts asking about their communication practices. Remarkably, all 424 districts in Wisconsin responded! When asked, “How would you rate your district’s communication effectiveness with your parents?” A total of 73 percent of the districts responded with “Good” or “Great.” And when asked what tools they were using, almost all said they had a general website. But just 49 percent said they used paper newsletters, 48 percent used electronic newsletters

and 49 percent used Facebook. Only 29 percent used Twitter. That means a whole group of young parents probably aren’t getting the message. Callaway says social media is an easy, inexpensive way for a district to tell its story. Parents are looking for instant information, and social media is a way of getting that information to them. Instant information is especially valuable in an emergency situation. School leaders understand they need to get the message out in different ways during an emergency. When a snowstorm hits, districts post school closings on their websites and contact television and radio stations. Many districts use an autodialing system or text messaging directly to parents’ phones. But Twitter can get the

message out to a lot more parents. | “Where the Action Is” Social media is “where the action is in terms of communication,” says Brad Hughes, director of communications for the Kentucky School Boards Association (KSBA). “Ten years ago, the printed, send-home newsletter was already on the path of the dinosaur,” says Hughes. That paper flyer might get home in the elementary child’s backpack. Good luck in seeing the same flyer from your high school students. Twitter limits messages to 140 characters, so Hughes uses Twitter to redirect the public to KSBA’s own website and other links when important issues come up. Callaway uses Twitter for little reminders that parent conferences or other school events are coming up. The most popular item on Twitter and Face-

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TIPS for

Social Media These are simple ways to make your district’s social media outreach more effective:

b Don’t reinvent the wheel for every media outlet. Write

your message in such a way that it can be sent as a printed flyer, a posting on your website, Facebook, or as part of an email.

b Post every day with Twitter; a couple of times a week

with Facebook. If you don’t post often enough, people will stop going to your electronic connections for information.

b Check spelling and grammar. You might get away with

errors in your personal emails, but you can’t do that with professional communications.

b Keep it professional; not personal. b Make sure you are sending out a single message even if you are using different forms of media. Don’t confuse the public.

b Keep basic messages short, but you can always include links to longer documents and other websites.

b Add photos and videos either directly or through links.

book? For Milwaukee, it’s the daily school lunch menu. Hughes also makes extensive use of YouTube. Not every member of the public wants to read text, says Hughes. These videos don’t have to be high-end productions. If you are willing to go before the public at a school meeting or social event to give your message, it takes little time and money to record the presentation. You can place a PowerPoint online and simply add an audio component. | Social Media Guidelines Should individual school members begin activating Facebook and Twitter accounts to communicate with the public? If you are comfortable with such media outlets, jump right in. But don’t mix your personal Facebook account with your school board information. Create a separate Facebook account. And never use district equipment and Internet connections to conduct your school board re-election campaign. Also, be careful with what you Tweet! Hughes has a simple rule:

Join in the Social Media Conversation

M

any school districts are doing great work on social media websites. The WASB has established a Facebook, Twitter, Tumblr and Pinterest account to join in on the public education conversation happening on social media. As Terrence Falk states in this article, “Community engagement will become more important for school districts as competition increases due to open enrollment, charters and vouchers. School districts

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can’t afford to miss out connecting to even one family or one community member in your district.” Social media is a great way to get out positive information about the work that students and staff are doing in your schools. For instance, Milwaukee Public Schools began a social media campaign called “Start at MPS. Stay at MPS. Succeed at MPS.” The website, which is connected to Twitter, Facebook, Tumblr, Pinterest, YouTube and Instagram accounts, features MPS graduates who are enrolled at a college or university. It’s great publicity for the school district and a great way to recognize the hard work of some of its graduates. You can view it at http://milwaukee.k12.wi.us. To make an impact on social media, districts don’t need to coordinate an advanced social media campaign, simply post pictures from everyday school activities or articles highlighting positive news about one of your schools to show your parents and community the good work taking place in your schools. N To connect with the WASB on various social media websites, visit wasb.org and select the icons at the bottom of the page.


Social Media provides many opportunities for

a school district to connect with its community.

“Do you want what you tweeted to be on the front page of your local newspaper?” There is always a chance that is where it will wind up. Callaway says MPS always has a second person read every Tweet before it is sent out. Hughes doesn’t, but school board members might want to consider a second reader. But both Callaway and Hughes believe the first place to start is to make sure your district is using social media in an effective way. Community engagement will become more important for school districts as competition increases due to open enrollment, charters and vouchers. School districts can’t afford to miss out connecting to even one family or one community member in your district. All channels of communications must be used, and that includes social media. n Terrence Falk is a member of the Milwaukee Board of School Directors and a member of the WASB Board of Directors. He is the WASB liaison to WSPRA.

Upcoming WSPRA Conference Interested in more information concerning social media and communicating with the public? Consider attending the WSPRA workshop, “Building Community Support For Schools: Our Future Depends on It.” The workshop with be held November 7th and 8th at the Heidel House, Green Lake. For more information, go to the WSPRA website, www.wspra.org.

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A Broader

Perspective Why master planning is critical for effective use of district construction dollars

Master planning is ideal for any district, especially those that are considering adding a new facility due to population growth or struggling with decreasing enrollment and excess facilities.

Catherine Cruickshank,

MA, Dip. Arch.

Y

ou wouldn’t want your doctor to take a myopic view of your health at a check-up, would you? That could result in second guessing, unexpected health scares, and future expenses that could have been avoided. Similarly, our students, teachers, parents and taxpayers look to school district leaders to explore a holistic view of what our school facilities need, both now and in the foreseeable future. Engaging in a master planning effort is an excellent way to position a district for a successful future. This effort can help identify excessive energy use, compile and prioritize facility issues, and pinpoint educational strengths and weaknesses in school buildings. Conducting a

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master plan can also provide a “road map” to proactive (instead of reactive) decision making, which can greatly aid in the effective use of a district’s construction dollars. | Envision the Future When planning a facility, it is vital to evaluate the educational appropriateness, taking into account projected enrollment and anticipated changes in instruction and technology. An important consideration must be how the space can be made flexible to accommodate current and future learning practices. Two of the primary goals should be to provide flexibility and to increase alternatives for learning experiences. New construction offers an

Mark S. Boehlke, ASLA

Sam Statz,

LEED AP BD+C

opportunity to work on a clean slate; to dream and to consider the unique and specific needs of students, teachers and staff. Electronic connectivity is critical and should be a vital factor in every construction project. Ample charging stations and a wireless network have become necessities for the multitude of digital devices that contribute to keeping students competitive in this new economy. A key aspect of the educational agenda is to prepare a workforce that is proficient in the STEM (science, technology, engineering and math) disciplines. In order to equip your students to compete globally, be certain that your new space provides a platform for these opportunities


Students, teachers, parents and taxpayers look to school district leaders to explore a holistic view of what our school facilities need, both now and in the foreseeable future. in addition to the arts and social sciences. | Identify Site Issues A program for present-day and projected school use should address the optimal land area. The site must have enough usable area to accommodate the current and future program needs, including educational and maintenance buildings, sports facilities, parking and drainage or storm water management zones. The physical and environmental restrictions of a potential site need to be thoroughly documented and

evaluated. Steep slopes, wetlands, floodplains, existing easements and zoning restrictions, such as setbacks, are just a few of the site issues that may limit the area that can be developed. If not properly examined, some sites may initially appear to be sufficient, but as the needs assessment unfolds and design begins, you may find that the site is just not large enough. A site that is too small can increase costs, create future expenses, and hinder specific building design expectations. Additionally, it’s important to confirm that the zoning and land use are appropriate and that any obsta-

cles can be overcome to accommodate the proposed school use. If the site is zoned for other land use, it may require rezoning and/or a land use plan amendment. As you consider the impact on the community, it is important to be aware that many municipalities experience revitalization in the neighborhood of a new school, boosting the economy and further improving community morale and momentum. With growth of the impacted area in mind, the site should be in a location that delivers suitable and safe access to and from the new

A successful master plan includes site evaluation and selection. Make sure that the site you select has enough usable area to avoid future costs.

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building(s). Parent, student, bus, and visitor traffic should be carefully examined during the site evaluation process. Jurisdiction of all adjacent streets should be confirmed and the proposed school access and traffic issues considered with appropriate government agencies so as to avoid future problems, reactive solutions, and more expense. | Consider Your Buildings’

Condition Evaluating the physical condition of your existing buildings provides a mechanism for scheduled maintenance. Developing a scheduled maintenance plan contributes to a more accurate budget for the district and allows district leaders the ability to proactively address items instead of react to surprises. In the long-run, a plan will save the district dollars by decreasing the risk of large and unanticipated repair expenses.

Effective master planning can lead to proactive versus reactive decision making, which can make wise use of a district’s construction dollars.

CASE STUDY: Move to a New Site or Add-On?

H

offman Planning, Design and Construction, Inc.,

technical education

was hired by a school district to study and make

would be shared with the

recommendations for renovating their middle school and

high school. In turn, the

expanding it to relieve overcrowding at the elementary school. Occupying a small, landlocked and sloping site, the

existing high school would benefit from an

original portion was built in the 1920’s as a high school.

additional gym and other

Several additions had been built cheaply and were in poor

physical education facili-

condition. The school board was encouraged to expand the

ties that could be

scope of the study to include all three of their facilities.

included in the middle

After evaluating seven options, including building a new school on land owned by the district just outside the city limits, it was determined that the most cost-effective option was to add a middle school onto the 18-year-old high school. The existing high school, due to declining enrollment, had

school addition. In addition, it was more economical to address existing security issues as part of a larger project. The addition is being designed for collaborative, innovative learning, unlike the old building with its multiple levels, winding corridors and poor wireless Internet reception.

the capacity to share most of its facilities other than the

Although this option cost more than restoring the old building,

general classrooms, science labs, and media center. While the

it cost less than all the other options and was a better long-

middle school would have a separate wing for its core classes,

term solution. In addition to enhancing the learning environ-

the expensive components such as a kitchen and cafeteria,

ment for both the middle and high school students, it should

family and consumer education classrooms, and workshops for

greatly reduce operating costs for the district. N

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In the long-run,

boring properties? Such hazards include high-voltage transmission lines, landfills, toxic a plan will save the waste, or industrial uses. Surrounding land that is used for commercial, district dollars by decreasing the low-density residential, and manufacturing may be risk of large and unanticipated considered inappropriate or hazardous, negatively repair expenses. impacting education or referendum success. A judicious eye and quality research can often eliminate options or prevent problems that could | Address Safety and Security cause concern or prove financially In the midst of master planning, be costly. certain to identify safety and security concerns. We have found this to be a | What Matters Most? great opportunity to develop options Personally, we would all be thrilled for addressing deficiencies and if we were able to buy stock in the examining cost estimates. But, don’t hottest industry, save for our chiljust consider human threats. Are dren’s (or grandchildren’s) entire there genuine or perceived environcollege needs, buy a new sports car, renovate the kitchen, build a pool mental hazards on-site or on neigh-

Is your insurance provider a phone number or a partner?

Personal service. That’s the strength of our Community.

and take a month-long European vacation all this year. However, this is a fantasy for most people. Most of us have to prioritize. Similarly, it’s important to identify all of the district-wide needs and rank them to create a master plan in which projects can be tackled independently, within a logical sequence. When we master plan with purpose, we gain a broader perspective, serve our communities on a completely different level, and, most importantly, position our districts for financial success. n Boehlke is a senior land planner/landscape architect with more than 30 years of experience in providing site-related services. Cruickshank is a senior project designer and has over 22 years of experience designing educational and residential facilities. Statz is director of construction services and a 20-year veteran of the construction industry.

Community Insurance Corporation provides liability insurance coverage for cities, towns, villages and school districts. We offer broad coverage, designed to specifically meet the needs of Wisconsin public entities under ONE single liability policy form to include: – General Liability – Auto Liability

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Unlike other insurance companies that provide coverages based solely on price and are not heard from again until renewal time, we work directly with our clients in partnership to control their insurance costs through a unique risk management and aggressive claims philosophy. And because we are local government, we always keep the end goal of saving taxpayer dollars in mind. Take control of your insurance needs with Community Insurance Corporation. It just makes sense.

To learn more, please contact Karen Flynn or John Dirkse, Aegis Corporation, 1.800.236.6885 or karen@aegis-wi.com/john@aegis-wi.com

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WASB INSURANCE

B i l l H at t e n d o r f

Can You Impact Your Workers’ Compensation Costs? Yes You Can! Understanding the factors that contribute to workers’ compensation costs

R

esiding in every WASB members’ offices is a pot of gold. Okay, it’s not really gold, and it’s not in a pot. But it is real money, and can pay dividends for many years. Many districts and CESAs believe the cost of their workers’ compensation insurance has no relationship to behavior, the cost is set by the state, and only the size of the district (i.e., total payroll) changes the cost. None of that is true.

| Cause and Effect Districts that R&R Insurance has worked with are educating administrators, buildings and grounds, food service personnel, coaches and teachers on how workers’ compensation insurance works. Part of the education process is understanding the elements that contribute to the cost of workers’ compensation insurance:

b Workers’ compensation losses: (also referred to as claims) these are incidents resulting in an insurance company paying medical expenses on behalf of, or indemnity (income-replacement) benefits to, employees injured on the job.

b Medical-only claims: workers’ compensation claims that contemplate seeking medical treatment and being absent from work for not more than three days.

b Lost-time claims: workers’ compensation claims where an injured employee is absent from work for a period of four or more days as a result of the injury or disease.

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b Rates by duties: (also referred to as classification codes) these are amounts charged employers by insurance companies per $100 of payroll for employees engaged in certain job functions. For example, class code 8868 is applied to professors, administrators, and teachers, etc.

b Experience modification factor (see sidebar, far right) In trainings, districts should learn how each of these elements impacts their workers’ compensation premium. Through this educational process, employees quickly see how their actions impact the cost of the district’s workers’ compensation insurance. | “One for Three” The slogan, “One for Three” has a special, but not favorable, meaning

relative to a district’s experience modification factor. It refers to the fact that any workers’ compensation claim that flows into the pipeline of information used to calculate your experience modification factor remains in the formula for three years. Claims drive up your experience modification factor and workers’ compensation insurance premium — for three years! In calculating an experience modification factor, the Wisconsin Compensation Rating Bureau develops expected losses (from workers’ compensation claims) for different types of jobs. Examples showing expected workers’ compensation losses for teachers and other employees versus actual losses incurred are available for local districts. It has been interesting — and financially meaningful for districts and CESAs — to observe that

E X A M P L E S of Success in Two Districts

These are examples of how the training and culture discussed in this article decreased districts’ experience modification factors.

SCHOOL DISTRICT #1 had consistently bad losses. No one in the district was truly paying attention to the problem. Their experience modification factor increased for several years in a row. When the administrators realized how much money could be saved regarding workers’ compensation costs, they implemented educational programs. The district saved $54,000 in premium each year by lowering their experience modification factor.


understanding how workers’ compensation losses impact premiums creates an awareness of the effect of unsafe work practices. With more information, district personnel often change their behavior and a team mind-set between schools can develop. We have stories of custodians telling each other not to lift heavy items without help. During a staff workshop, a teacher volunteered to hang up a chart and grabbed a chair to stand. In unison, the rest of the participants shouted, “Don’t! Get a ladder!” The participants knew that a fall from the chair could likely impact their experience modification factor. | The Next Phase — Training

and Committees Following education regarding how a district’s experience modification factor is calculated, job-specific safety training should be held. Buildings and grounds training involves hazard recognition, ladder safety, and proper lifting and driver safety. Food service training involves slip

and fall hazard recognition, proper footwear, handling sharp instruments, proper lifting and hygiene. Administrator and teacher training focuses on driver safety, proper lifting techniques, ladder safety and hazard recognition. Training is then done with group tabletop exercises, presentations by safety professionals, and via computer-based training. In addition to training, districts should establish safety committees and bring parties together from individual schools and disciplines to focus on employee and student safety issues. Some districts successful in holding down their workers’ compensation costs have used staff from one school to visit other schools within the district, providing a fresh set of eyes to look for potential loss exposure. When districts share safety committee meeting results with member schools, oftentimes, there are positive safety results. Successful districts have created a culture where safety is emphasized; a culture that tells employees and students their well-being and health is of paramount concern, and it offers

Both schools anticipate further reductions in their experience modification factors as training and cultivating a culture of safety continue to build.

SCHOOL DISTRICT #2 identified a job type within the district that was generating most of their losses. The district focused on the troubled area and let the employees know that the cost from their department was a problem. They used various methods to change behavior, which resulted in increased safety awareness and a $10,745 annual savings. This savings was 17 percent of the workers’ compensation premium.

the additional benefit of favorably impacting a district’s bottom line through fewer, and less expensive, workers’ compensation claims. n Hattendorf is a practice leader with R&R Insurance School Practice Group. You can contact him at Bill.Hattendorf@rrins.com or 262-953-7128.

DEFINITION: Experience Modification Factor A workers’ compensation experience modification factor (“mod”) is a complex calculation of a school district’s actual loss experience compared to expected losses by all other school districts in Wisconsin. A mod is calculated by the Wisconsin Compensation Rating Bureau, and contemplates a district’s loss and payroll data from a three-year period, excluding the most recent policy year. The formula is affected more by smaller frequent losses, than larger severe losses. A mod will either increase or decrease a district’s premium; i.e., mods greater than 1.0 result in a premium debit (increase); conversely, a premium credit is applied for mods of less than 1.0. Because the calculation uses past losses to predict future losses, it’s vitally important for school districts to control workplace exposures to positively impact workers’ compensation costs. N

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A S S O C I AT I O N N E W S

Gearing Up for the Educator Effectiveness System WASB Educator Effectiveness Conference tackles big issues surrounding educator evaluation

B

eginning in the 2014-15 school year, the new Wisconsin Educator Effectiveness System will be in full implementation (see page 8). The WASB Educator Effectiveness Conference, which took place in August in Madison, Green Bay and Turtle Lake, connected school leaders with the latest information available regarding the new Educator Effectiveness System and other key issues such as alternative compensation systems. Sheila Briggs, assistant state superintendent, and Katie Rainey, DPI education consultant, guided attendees through background and other information regarding the state’s new Educator Effectiveness System. “When used appropriately, districts should be able to use the Educator Effectiveness System to identify high performers within and across the different components of the system to duplicate best practices, maximize individuals’ strengths through differentiated job responsibilities, and increase leadership opportunities,” Rainey said. During a panel discussion, Joe Sanfelippo, superintendent of the Fall Creek School District, and Lori Neurohr, elementary and middle school principal in the Kohler School District, talked about what the Educator Effectiveness System looks like in their districts. “We’ve learned that power comes from ownership in the process and power comes from teachers’ ability to learn from failure and succeed,” Sanfelippo said. “I think we have to provide mean-

ingful professional development time for our teachers,” Neurohr said. “We need to show them the ins and outs of Teachscape (professional development tool), we can’t just put them in a room with a slideshow and expect them to be successful.” WASB Associate Executive Director Barry Forbes presented on teacher compensation systems. Act 10 gave school boards the freedom to develop alternative teacher compensation systems. Forbes emphasized the need for new teacher compensation systems to provide a career ladder for new teachers. “There must be a plan for new teachers to eventually receive the same compensation as veteran teachers,” he said. “This will require that teachers moving through the compensation system receive larger

compensation increases than experienced teachers at the top of the system. If schools repeatedly freeze teachers in step on the schedule and give everyone the same across-theboard pay increase, then those new teachers will become disillusioned and will find other jobs.” Other sessions included an update on the state budget and other legislative issues, a presentation on a new tool for school board members to develop a unified plan for district leadership, a session on superintendent evaluations, a presentation on testing integrity, and a session on the Common Core State Standards. To view photos and presentations from the WASB Educator Effectiveness Conference, visit wasb.org. Select “Meetings and Events” and then “Event Recaps.” N

We have to provide meaningful professional development time for our teachers. — Lori Neurohr, Kohler School District

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WASB Executive Coaching Program Workshop

T

he WASB Executive Coaching Program kicked off in July with its first workshop. The WASB Executive Coaching Program is a four-part series of one-day workshops taking place throughout the year. The intent of the workshops are to build the working relationship between the superintendent and school board president and strengthen the leadership capacity of these two individuals. The first workshop addressed “The Power of Effective Communication.” This workshop started with an in-depth session on communications — specifically the role of the superintendent and school board president in establishing internal and external communication patterns and strategies.

Louis Birchbauer, WASB consultant, led a session on strategies for handling “crucial conversations” where stakeholders have differing opinions, stakes are high and emotions are strong. Birchbauer talked about skills district leaders need to develop to handle these delicate conversations. “A crucial conversation skill when dealing with groups is dialogue,” Birchbauer said. “A person skilled in dialogue will do their best to make it safe for everyone

U P C O M I N G

to add their meaning to the shared pool — even if ideas at first glance appear controversial, wrong, or at odds with their own beliefs.” This workshop was the first of four scheduled events. The next workshop takes place Oct. 25 in Neenah — workshops are open to all interested members. Information and registration will be available on the WASB website at wasb.org as the event dates approach. N

E V E N T S

WASB Fall Regional Meetings

WASB/WSAA Employment and School Law Seminar

ach year, the WASB Fall Regional Meetings bring together school leaders in their respective WASB regions to recognize accomplishments, listen to a feature presentation, and hear about WASB’s activities and plans. For more information, visit wasb.org.

C

E

Region 1 | Sept. 17 – Rice Lake Region 1 | Sept. 18 – Washburn Region 2 | Sept. 19 – Minocqua* Region 3 | Oct. 1 – Green Bay Region 4 | Oct. 16 - Eau Claire Region 5 | Oct 30 – Rothschild* Region 6 | Oct. 8 – Tomah Region 7 | Oct. 2 – Neenah* Region 8 | Oct. 24 – Kiel Region 9 | Oct. 15 – Fennimore Region 10 | Oct. 9 – Baraboo Region 11 | Oct. 22 – Pewaukee* (combined with Region 15) Region 12 | Sept. 24 – Stoughton Region 13 | Oct. 23 – Elkhorn Region 14 | Oct. 29 – Milwaukee Region 15 | Oct. 22 – Pewaukee* (combined with Region 11)

ontrolling risk and cost, teacher nonrenewals, closed sessions, bullying — these are just a few of the topics to be covered at the WASB/WSAA Employment and School Law Seminar, taking place Oct. 10 -11 in Wausau and Oct. 31- Nov. 1 in Madison. Each day of the WASB/WSAA Employment and School Law Seminar features two separate tracks, allowing attendees to choose the sessions that are most applicable to them. Speakers include experienced school attorneys from the WASB and the Wisconsin School Attorneys Association (WSAA). With the number of law changes affecting public education, many of the sessions will provide important updates. Endorsed agents from the WASB Insurance Plan will provide an update on the Patient Protection and Affordable Care Act, which will have a significant impact on employees, employers and health care providers. In another session, WASB Associate Executive Director Barry Forbes and Tony Renning of Davis & Kuelthau will discuss the often difficult process of hearing and gathering public complaints. This session will review recent legal developments in First Amendment and other laws governing school board receipt and processing of communications from the public. These are just a couple of the more than 16 in-depth sessions that will be offered at the two-day WASB/WSAA Employment and School Law Seminar. For more information on sessions or to register, visit wasb.org.

October 10-11 | Westwood Conference Center – Wausau Oct. 31 – Nov. 1 | Alliant Energy Center – Madison

*Denotes region with elections for WASB Board of Directors.

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L E G I S L AT I V E U P DAT E

School Start Date Debate Who should determine when fall classes begin in Wisconsin public schools? Currently, it’s the Legislature.

W

district,” explains Ott, adding, committees in each house is where ith certain exceptions, ever since the 2002-03 school year, “Every superintendent that I talked similar bills have been sent to die.) a state law has prohibited a to was in favor of doing away with Ott says support for the bill will school district from beginning likely differ in tourist areas and the Sept. 1 start date and giving fall classes until Sept. 1. non-tourist areas. He acknowledges control over the start of instruction However, that could change that senators and representatives back to local school boards. They under legislation proposed by state that represent areas where tourism is were unanimous that this would be Rep. Jim Ott (R-Mequon) and Sen. a major industry probably won’t be beneficial to school districts.” Alberta Darling (R-River Hills). as much in favor of the bill as those As a result, Rep. Ott introduced a If enacted, Assembly Bill 267 — who don’t represent such areas. bill in the 2007-08 legislative session and its companion bill (Senate Bill “I’m not adverse to the tourism (2007 Assembly Bill 585) to repeal 228) — would eliminate the prohibiindustry or its interests,” Ott says. the start date limitation; however, tion and return decision making about “It’s one of the top two or three the bill was not passed. the start of the academic term industries in our state and to school boards, beginning in a vital part of our economy. the 2014-15 school year. I disagree with the fundaSome school leaders are looking to go The notion of a statemental premise that starting dictated start to the school on the last Monday in beyond just repealing the start date law. school calendar began with the August is going to have a state’s tourism lobby. It negative effect on tourism in gained momentum in 1985, Wisconsin because most In the 2009-10 session, Rep. Ott when lawmakers enacted a uniform school districts would begin summer did not reintroduce the bill but Sept. 1 start date for all University of vacation earlier as well. deferred to Democrats, who conWisconsin (UW) System campuses. “At the high school level, most trolled both houses. Sen. John Tourism-related businesses argued kids are involved in fall sports or other Lehman, a Racine Democrat, who that starting classes before Labor Day extracurricular activities by mid-Auwas then chair of the Senate Educainterrupted the steady supply of gust,” Ott said. “But current law says tion Committee, introduced a bill, college-age workers they needed, school boards can’t start the academic but it also was not passed. leaving tourist businesses shortside of school until Sept. 1.” Despite the bills not passing Ott handed before the vacation season Ott says he’s heard from quite a says, “The fact that bills have been ended. Eventually, they settled on few school superintendents since he authored by members of both politSept. 1 as a compromise. introduced the bill and all have been ical parties shows this is a bipartisan Efforts to impose a similar limitasupportive. concern. The issue should be raised tion on K-12 schools were resisted “To this day,” Ott says, “I have and discussed. I don’t think school until 2001, when legislative gridlock yet to hear from anyone associated boards will make dramatic changes stalled passage of the state budget. with schools, whether administrators if the bill passes.” He thinks most The addition of a Sept. 1 start date or board members, say that giving boards would likely start classes on restriction for public schools helped control over the start date back to the last Monday in August, for garner support for budget passage local boards is not a good thing.” example. Some school leaders are looking among lawmakers who represented Although he’s not optimistic this to go beyond just repealing the start tourist areas. To the chagrin of many session’s bill will pass both houses, date law. school leaders, the law has been in Ott says he’s pretty sure the Randy Guttenberg, Waunakee effect ever since, and maintaining the district administrator, says his board Assembly version of the bill will law has been a priority issue for supports eliminating the Sept. 1 start Wisconsin’s tourism industry. receive a hearing. The bill has been date law and the 180 days of instruc“One of the first things I did after referred to the Assembly Committee tion requirement as well, adding, I was elected to the state Assembly on Tourism, chaired by Rep. Dean “We’re looking for maximum flexiin 2006 was to visit a number of Kaufert (R-Neenah). (In past legislability at the local level. school superintendents in my tive sessions, the respective tourism

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“One frustration,” says Guttenberg, “is that with the Sept. 1 start date in place — and depending on when the holidays fall — in order to get in 180 days of instruction, the end of the school year gets closer to mid-June.” Indeed, most Wisconsin school districts began the 2012-13 school year on Sept. 4 and ended between June 7 and June 14. Many large school districts, including Milwaukee and its surrounding suburbs, ended school between June 12 and 14. “Given when school ends,” says Guttenberg, “trying to fit in a sixweek summer school pushes us into early August. So for teachers who both teach summer school and coach fall sports, it can be a challenge to fit in a vacation. Eliminating the start

SEPTEMBER

1

date, plus allowing us to work with just the minutes and hours of instruction would give our school board greater ability to work with teachers and administrative staff [to better attract and retain quality people]. The more flexibility we have, the more creative we can be.” Deb Kerr, district administrator in Brown Deer, argues that the school calendar should depend on the educational needs of the community. She says that, in addition to repeal of the start date law, her board would like to see flexibility regarding the length of the school year based on the academic needs of students. Kerr notes that particular students may not need “seat time” to develop or demonstrate mastery or proficiency in a subject, especially at higher grade

levels. And, as the use of online courses and project-based learning increases, Kerr observes that students need not be in front of a teacher. For other students who are not at grade level, Kerr says extending the school year beyond 180 days could provide opportunities for both enrichment and accelerated learning. According to Kerr, “learning should be the constant, and time should be the variable.” Kerr says an Arizona model that allows a district to increase its membership count by a factor tied to the number of instructional days beyond 180 could provide additional state aid to help districts fund the longer school year. n Written by WASB government relations staff.

Exceptions for the

SEPT. 1 START DATE

Currently, a school board may not officially begin its school term before Sept. 1. A board can, however, do a number of things before Sept. 1. These include: holding athletic contests or practices; scheduling in-service days or work days; and offering specialized programming and activities for targeted groups of pupils. In addition, the start date law does not prohibit a school board from holding school year-round. A school board may commence a school term prior to Sept. 1 only if it submits a written request to the Department of Public Instruction (DPI) asking for an earlier school start date, and the DPI determines that there are extraordinary reasons for granting the request. The request must generally be submitted by Jan. 1 prior to the beginning of the school term unless an extraordinary event occurs after the Jan. 1 deadline. The board must adopt its request as a written resolu-

tion. The request and the resolution must include: the reasons for and relevant facts relating to the request. If an extraordinary event or a chronology of events took place leading to the request, the request and resolution must state what those events were. Extraordinary reasons include, but are not limited to:

• major construction projects that cause the school term to be altered and necessitate an earlier start date for the entire district;

• closure of school due to forces of nature, code violations, or environmental orders; and

• excessive costs associated with the transportation of pupils who attend private schools that start prior to Sept. 1. A limited exception may be available for a high school that is participating in the International Baccalaureate program; however, this exception does not apply to any other elementary, middle, junior high, or high school(s) operated by the school district. N

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A S S O C I AT I O N N E W S

Q&A

Service Associate Q&A

Featuring TRICOR Insurance’s John Gibson Editor’s note: Each issue, we will pose questions to a WASB Service Associate to share the good work that these businesses are doing with Wisconsin public schools.

Q.

How long has TRICOR Insurance been insuring schools and how many do they insure?

Q. How does your experience as a

A.

A. I really enjoyed my tenure on the school board and as board president, I was also on the CESA #3 board. I have always been community serviceminded since I was in the Boy Scouts many years ago. Having been involved with many important decisions with the district as related to budgeting, curriculum, administrative contracts, employment issues, collective bargaining and all the other activities schools are involved with, has helped me to better understand the potential risks for a school. My practical experience in these areas serves as a resource for our clients. Many superintendents and business managers call me to bounce ideas or run questions by me because of my experience being on the board and with risk management.

TRICOR has been partnering with Wisconsin public schools for more than 25 years. We currently partner with more than 150 public school districts in Wisconsin. TRICOR’s School Consulting Team is made up of a diverse group of experienced professionals including many past and present school board members. I was the first broker in Wisconsin to earn the Certified School Risk Management (CSRM) several years ago.

A QUICK LOOK at some of the services TRICOR provides for Wisconsin schools: • Workers’ compensation; • Property and casualty, including general liability, educators’ legal liability, auto, umbrella liability and property;

• Group employee benefits, such as health, dental, life insurance and disability;

• Student health/accident; • In-house loss control and claims advocacy teams;

• Tools and resources to help schools better manage critical areas such as human resources, regulatory compliance and administration; and

• Mod analysis with workers’ compensation software.

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Wisconsin School News

school board member help you serve school districts?

Q. What do you enjoy about

working with school districts?

A. Our clients are great people to work with. The relationships that are developed over the years are very meaningful. When unfortunate incidents happen at our schools, it has been rewarding to be there and help a client through decisions that need to be made. We have great schools in Wisconsin and our goal is to establish a safe environment to

John Gibson is vice president at TRICOR Insurance and a former member of the Darlington School Board.

maximize the educational experience for the students.

Q. Can you give a recent example

of how TRICOR Insurance was able to help a school district?

A. We have had a number or severe claims over the past several years in Wisconsin. This includes fires, vandalism, severe workers compensation claims, employment-related litigation and due process claims. We have experts that can assist clients in all these areas. The key at the time of an incident is finding the best expert and connecting them with the school ASAP. n The WASB Service Associates Program includes more than 20 businesses and organizations that have been recognized by the WASB Board of Directors as reputable businesses and partners of public education in Wisconsin. For more information, visit wasb.org and select “Service Associates.”


LEGAL COMMENT

Boardman & Clark

llp

Accommodating Parents and Visitors with Disabilities in Schools

T

he Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) prohibit school districts from discriminating against individuals on the basis of a disability.1 School district officials are often aware of their obligations under these laws with respect to students and employees, but must remember that these laws also extend to parents, guardians, and other visitors with disabilities.2 School districts are obligated to provide these individuals access to the full range of the district’s services, programs, and activities. This Legal Comment will provide an overview of such federal antidiscrimination laws, address the obligations of school districts under these laws, and provide guidance for districts as they meet these obligations.3 | Federal Laws Protecting

Individuals with Disabilities Two federal laws — the ADA and Section 504 — work together to prohibit school districts from discriminating against individuals with disabilities. In particular, the ADA provides (and Section 504 tracks closely) that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by such entity.”4 Both laws provide broad protections to prohibit discrimination against all “qualified individuals” with a disability, which includes not only students and employees, but also parents and other visitors. In order to fall within the protection of the laws, an individual must have a “disability.” Under the ADA and Section 504, an individual has a disability if he or she has a (1) physical or mental impairment that substan-

tially limits one or more major life activities; (2) has a record of such disability; or (3) is regarded as having such a disability. While some physical conditions may be easily recognizable, other “hidden disabilities” (e.g., hearing loss or vision impairment) may go unnoticed until a request for accommodation is received. In some instances, school officials may even need to consult with legal counsel to accurately determine whether an individual has a “disability” for purposes of determining their legal obligations. As stated in the ADA and Section 504, no individual with a disability may, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of the school district. “Services, programs, or activities” must be interpreted broadly to include all school district operations including parent-teacher conferences, PTA meetings, school concerts and plays, and school board meetings. Individuals with disabilities must be able to “participate in” these services, programs, or activities, which means they must be given an opportunity to benefit from the services in a manner that is equal to individuals who are not disabled. For example, an individual with a hearing impairment must be able to participate in a school board meeting by being able to understand the board’s discussion and ask questions in a manner that is equal to someone without a hearing impairment. Ultimately, when a district provides any aid, benefit, or service (directly or through contract or license with another entity), the law prohibits the district from: (1) affording individuals with disabilities an opportunity to participate in a way that is not equal to or as effective as that afforded others; (2) providing different or separate aids, benefits, or services unless it is necessary to effectively provide the service;

(3) aiding or perpetuating discrimination by providing assistance to an organization that discriminates on the basis of a disability; (4) denying an individual with a disability the opportunity to participate as a member of a planning or advisory board; or (5) otherwise limiting an individual with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving an aid, benefit, or service. To avoid violating the law, districts are required to accommodate or assist individuals with disabilities to ensure their full participation in district programs and activities. A district’s obligations may vary, but certain accommodations arise with frequency and are discussed below. | Making School Facilities

Accessible In meeting their obligations to individuals with disabilities under the ADA and Section 504, school districts are required to make school facilities accessible to individuals with disabilities. The applicable regulations and standards for compliance are based on the date a school building was initially constructed or last altered. Facilities constructed or last altered before Jan. 26, 1992, are considered “existing facilities” under the ADA while facilities constructed or last altered before June 3, 1977, are considered “existing facilities” under Section 504. Construction or alteration of a facility after these dates classifies the facility — or the altered part of the facility — as “new construction” under both laws. The regulations for “existing facilities” under the ADA and Section 504 are nearly identical. Both laws provide that an individual with a disability may not be denied the benefits of programs, activities, or services because the existing facility is inaccessible. While physical access to all parts

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of the existing facility is not required, individuals must be able to access school programs or activities. For example, in some cases, a school district may need to provide accessible parking spaces and ramps from the ground to the main entrance for visitors with mobility disabilities. In addition, school district officials may need to schedule meetings or parent-teacher conferences in areas of the school building that are accessible to individuals with mobility disabilities. If a building is completely inaccessible, a district official may need to provide an alternate site for the program or activity. Structural changes to the building are generally only required when a district cannot provide program access through other means. New construction is subject to heightened requirements mandating that all of a newly constructed school facility — or the new part of the facility — be readily accessible to and usable by individuals with disabilities. No architectural or communication barriers may restrict access. Both the ADA and Section 504 provide regulations for new construction although the laws require compliance under different standards.5 Since the ADA and Section 504 have different standards for new construction districts constructing new facilities or making physical alterations to an existing facility must be careful to comply with all applicable regulations. | Communicating With

Disabled Individuals School districts also have obligations with respect to communication with disabled individuals. For example, district officials may need to communicate verbally with a visually impaired parent regarding academic issues or may need to assist a hearing-impaired individual who wants to attend a school concert. In such cases, district officials must determine how to communicate in an effective manner so that the hearing or visually impaired individual can benefit from the communication to the same extent as an individual without disabilities.

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In this respect, the law requires that districts provide auxiliary aids and services to parents, guardians, and other companions (defined as appropriate persons with whom the district should communicate) with disabilities. Aids and services are effective if they make aurally and visually delivered information available to individuals with hearing, speech, and visual impairments. The Office for Civil Rights (OCR) in the U.S. Department of Education advises that districts have this obligation with respect to activities and services that benefit parents whether they are mandatory (e.g., parent-teacher conferences) or voluntary (e.g., graduations and school board meetings). For example, OCR determined that a deaf individual should have been afforded an aid or service that would have allowed her to ask questions and make comments at a school board meeting.6 OCR has determined, however, that a district does not have this obligation with respect to activities offered only for the benefit of students (as opposed to parents), such as field trips.7 The list of auxiliary aids and services for individuals with a hearing impairment in the federal regulations, while not exhaustive, includes both advanced technologies (e.g., real-time computer-aided transcription services) and simple services (e.g., qualified interpreters). A qualified interpreter is one who is able to interpret in an effective, accurate, and impartial manner, both receptively and expressively. A district cannot require an individual with a disability to provide an interpreter or expect the individual to rely on a friend, child, or other adult accompanying them to interpret, except during emergency situations. Acceptable auxiliary aids and services for individuals who are blind or vision impaired also include both new technologies (e.g., screen reader software) and rudimentary aids (e.g., large print materials). In determining what type of aid or service will be effective, a school

district official must consider three things: (1) the method of communication used by the individual; (2) the nature, length, and complexity of the communication involved; and (3) the context in which the communication is taking place. The aids and services must be timely, accessible, and provided in such a way to protect the privacy and independence of the individual. A district official should give primary consideration to the request of an individual, unless the official can demonstrate that another effective means of communication exists or that the means chosen by the individual would fundamentally alter the program or cause undue financial and administrative burden. The law requires that the district administrator or his or her designee make the decision to deny a request and explain the decision in a written statement. One example where a school district did not provide an effective alternative to the request of a hearing-impaired parent is Talbot County (PA) Public Schools. In Talbot, the parent requested computer assisted real-time translation for her son’s IEP meetings. The district refused and instructed staff to make eye contact with the parent, refrain from holding sidebar conversations, pace speech so that it could be recorded, plan on extra time for the meeting, and provide the parent with a laptop note-taker. During some meetings, staff members were not properly instructed, and the laptop note-taker was not able to keep pace with the discussion. OCR determined that, while the district was not required to adopt the parent’s preferred methodology, the alternative accommodations were ineffective and did not comply with the law. | Accommodating Service Dogs School districts are also required to modify practices or procedures to permit the use of service animals on school premises or at school activities for individuals with disabilities. A “service animal” is defined nar-


rowly as a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability.8 If the district generally prohibits pets, it may need to change such practices to permit a parent with a disability to bring the dog into school. The work or tasks of a service dog must be related to the individual’s disability. A district official may ask only two questions to verify this: (1) whether the dog is required because of a disability and (2) what work or task the dog has been trained to perform. A district may not require documentation as to certification, training, or licensing and may only make the above inquiries when it is not readily apparent that the dog is trained to perform tasks for an individual with a disability. A district made this mistake in Hillsboro (OR) School District 1J, asking a parent not only about her need for a service dog and the work it performed, but also for proof of insurance, vaccinations, and training certifications. OCR concluded this violated both the ADA and Section 504.9 There are occasions when a school district official may ask an individual with a disability to remove a service dog from the school premises. A service dog can be removed if it is out of control and the handler does not take effective action to control it, if it is not housebroken, or if it poses a direct threat to the health and safety of others. Allergies or fear of dogs, however, is not a valid reason for denying or removing a service dog. When a dog is denied, district officials must give the individual the opportunity to participate in the service, program, or activity without the service dog on the premises. | Accommodating Mobility

Devices School districts must also permit individuals with disabilities to use mobility devices at school. Districts

must permit individuals with mobility disabilities to use wheelchairs and manually powered mobility aids such as walkers, canes, and crutches. School districts must also make reasonable modifications to policies and practices to allow the use of other power-driven mobility devices (e.g., Segways, golf cars, or other devices), unless they cannot be operated in accordance with legitimate safety requirements. In determining whether these new devices should be allowed, district officials must consider the size of the device, the amount of pedestrian traffic in a facility, a facility’s design, and safety options. Officials must also consider whether the use of a device would present the risk of serious harm to the environment, nature, or cultural resources or violate federal land management laws and regulations. | Conclusion Federal laws mandate that school districts have an obligation to accommodate parents, guardians, and other individuals with disabilities at school or school-related functions so they have an equal opportunity to enjoy the full range of the district’s services, programs and activities. This may require making a facility accessible to individuals with mobility issues, providing aids or services to effectuate communication with hearing or visually impaired individuals, or allowing service animals or mobility devices in school buildings. To comply with the laws in a consistent and effective manner and to establish a positive relationship with the school community, school district officials and board members should carefully consider their obligations and enact policies and procedures that provide individuals with disabilities equal enjoyment of the benefits provided to others. District officials should provide parents and visitors access to the policies so they know how to submit requests and should

educate staff on how to handle the requests so they do so consistently and in compliance with the law. n | Endnotes 1. 42 U.S.C. s. 12101; 42 U.S.C. s. 794.

2. Federal anti-discrimination law prohibits discrimination against any individual with a disability. State law only prohibits discrimination against students and employees. See Wis. Stat. s. 118.13 and s. 111.321. 3. For additional information on related topics, see Wisconsin School News, “Students’ Use of Service Animals in Schools” (March 2012) and “Accessibility to School Events by Individuals with Disabilities” (February 2005). 4. This Legal Comment relies significantly on 28 C.F.R. ch. 35 and 34 C.F.R. ch. 104. 5. The ADA requires compliance with the 2010 ADA standards and Section 504 requires compliance with the Uniform Federal Accessibility Standards (UFAS). 6. See, Lake-Lehman (PA) School District, 20 IDELR 546 (OCR 1993). 7. See, Mt. Diablo (CA) Unified Sch. Dist., 44 IDELR 261 (OCR 2005). 8. In addition to dogs, a school district may be required to permit the use of a miniature horse by people with disabilities. 28 C.F.R. s. 35.136(i). 9. See, Hillsboro (OR) School District 1J, 59 IDELR 82 (OCR 2012). The Hillsboro decision was released after the publication date of the March 2012 Legal Comment entitled, “Students’ Use of Service Animals in Schools.” The Legal Comment noted that OCR had not yet provided guidance on the new ADA regulations regarding service animals and opined that, in light of past decisions, a school district could likely adopt a neutral animal policy requiring vaccination, registration or compliance with other state or local laws if applied uniformly to service animals and all other animals. Because the OCR’s position, as evidenced by the Hillsboro decision, raises the issue of whether such a policy would violate the ADA and Section 504, districts should consult with legal counsel before requiring an individual with a service animal to comply with it. This Legal Comment was written by Michael J. Julka, Tess O’Brien-Heinzen, and Ashley Rouse of Boardman & Clark LLP, WASB Legal Counsel.

Legal Comment is designed to provide authoritative general information, with commentary, as a service to WASB members. It should not be relied upon as legal advice. If required, legal advice regarding this topic should be obtained from district legal counsel.

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CALENDAR WASB Fall Regional Meetings taking place in September and October. See page 24 for dates and locations.

SEPTEMBER 1 Nonresident Tuition Claims. Annually, on or before Sept. 1, the school district clerk shall file in the manner required by state law a tuition claim for each nonresident pupil or adult for whom services were provided during the preceding school year [s.121.77(2)].

15 Deadline for WASB Resolution Proposals. School boards have until Sept. 15 to submit resolutions to the WASB Policy and Resolutions Committee for consideration by the Delegate Assembly, which meets Jan. 22, 2014. Visit wasb.org to obtain a proposal form. Financial Audit Statement. Annually by Sept. 15, the school district clerk shall file a financial audit statement with the state superintendent [s. 120.14(1)].

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28

Mildred Fish Harnack Day. Special observance day [s. 118.02 (8)].

Frances Willard Day. Special observance day [s. 118.02(10)]. If a special observance day falls on a Saturday or Sunday, the day shall be observed on the school day immediately preceding or following the respective day.

17 U.S. Constitution Day. Special observance day. [s. 118.02(9)].

18 Wisconsin Day. Occurs on the Wednesday of Wonderful Wisconsin Week (Sept. 15-21) [s. 118.02(9g)].

20 Membership Count Date. The average of the number of pupils enrolled on the third Friday of September and the second Friday of January of the previous school year is used in computing revenue limits and state aid for the next school year [ss. 121.05(1)(a) and 121.07].

OCTOBER 9 Leif Ericson Day. Special Observance Day [s. 118.02].

10-11 WASB/WSAA Employment & School Law Seminar. Wausau. For more information, visit wasb.org.

12

POW-MIA Recognition Day. Occurs on the third Friday in September.

Christopher Columbus Birthday. Special Observance Day [s. 118.02 (12)].

25

Oct. 31 – Nov. 1

Bullying Awareness Day. Occurs on the Wednesday of the fourth week in September [s 118.02(9t)].

WASB/WSAA School Law Seminar. Madison. For more information, visit wasb.org.


Quality Educational Services And Products 2 0 1 3 WA S B S E RV I C E A S S O C I AT E S ARCHITECTURE, ENGINEERING, PLANNING, INTERIORS AND CONSTRUCTION MANAGEMENT BRAY ASSOCIATES ARCHITECTS INC. 1202A N. 8th St., PO Box 955 Sheboygan, WI 53082-0955 Phone 920-459-4200 www.brayarch.com Architecture, Interior Design, Planning, Referendum Support

DLR GROUP 520 Nicollet Mall, Suite 200 Minneapolis, MN 55420 Phone 612-977-3500 www.dlrgroup.com Architecture, Engineering, Planning, Interiors, Construction Management

HOFFMAN PLANNING, DESIGN & CONSTRUCTION, INC. 122 E. College Ave. PO Box 8034 Appleton, WI 54911 Phone 800-236-2370 www.hoffman.net Planners, Architects and Construction Managers

PLUNKETT RAYSICH ARCHITECTS LLP 11000 W. Park Pl. Milwaukee, WI 53224 Phone 414-359-3060 www.prarch.com Architectural and Interior Design Services

COMPUTER HARDWARE, SOFTWARE, CONSULTING SKYWARD INC. 5233 Coye Dr. Stevens Point, WI 54481 Phone 715-341-9406 www.skyward.com

MIRON CONSTRUCTION CO., INC. 1471 McMahon Dr. Neenah, WI 54956 Phone 920-969-7000 www.miron-construction.com Miron provides construction management, design-build and general construction services to educational, commercial/retail, healthcare, industrial, religious and governmental/ institutional markets.

VJS CONSTRUCTION SERVICES W233 W2847 Roundy Circle Dr. Pewaukee, WI 53072 Phone 262-542-9000 www.vjscs.com Construction Services

CURRICULUM

General Contractor

16455 W. Bluemound Rd. PO Box 327 Brookfield, WI 53008 Phone 262-786-1800 www.emcins.com

HUMANA

N19 W24133 Riverwood Dr. Suite 300 Waukesha, WI 53188 Phone: 800-289-0260 www.humana.com Insurance Company

M3 INSURANCE

FINANCE, BANKING, CONSULTING SPRINGSTED INCORPORATED

3113 W. Beltline Hwy. Madison, WI 53713 Phone 800-272-2443 dale.vandam.m3ins.com

710 Plankinton Ave., Suite 804 Milwaukee, WI 53203-1100 Phone 414-220-4250 www.springsted.com Advisors to the Public Sector in Finance, Human Resources and Management ­Consulting Services.

M3’s dedicated education specialists combine more than 100 years of experience and expertise to provide schools with the very best in risk management, employee benefits and property and casualty insurance.

WILLIS OF WISCONSIN, INC. 400 N. Executive Dr., Suite 300 Brookfield, WI 53005 www.willis.com Public sector practice

CONSTRUCTION MANAGEMENT, ­C ONTRACTING, CONSULTING

PO Box 1957 Janesville, WI 53547-1957 Phone 608-754-6601 www.jpcullen.com

EMC INSURANCE COMPANIES

6120 University Ave. Middleton, WI 53562 Phone 866-370-7323 superkidsreading.org info@rowlandreading.org Rowland Reading Foundation is a nonprofit organization dedicated to improving reading instruction in the primary grades.

1289 Deming Way, Suite 208 Madison, WI 53717 Phone 608-828-3741 Fax 608-828-3757 martin_malloy@ajg.com, www.ajgrms.com Gallagher specializes in serving the risk management and insurance needs of public schools.

J.P. CULLEN & SONS INC.

Community Insurance Corporation is dedicated to providing school districts with the tools they need to economically and efficiently address today’s changing insurance and risk-management environment.

Property and Casualty Insurance

INSURANCE

300 S. Bedford St. Madison, WI 53703 Phone 608-257-5321 www.findorff.com Construction ­Services

18550 W. Capitol Dr. Brookfield, WI 53045 Phone 800-236-6885 www.communityinsurancecorporation.com

ROWLAND READING FOUNDATION

Developer of student, budgetary and human resource administrative software exclusively for K-12 school districts.

J.H. FINDORFF & SON INC.

COMMUNITY INSURANCE CORPORATION

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES

ASSOCIATED FINANCIAL GROUP, LLC 8040 Excelsior Dr. Madison, WI 53717 Phone 608-259-3666 Al.Jaeger@associatedfinancialgroup.com www.associatedfinancialgroup.com Our focus is financial security options that protect and assist growth. We go beyond simply protecting against the loss of assets and property.

MARITIME INSURANCE GROUP 832 Niagra Ave. Sheboygan, WI 53082 Phone 920-457-7781 Fax 920-459-0251 mmrdjenovich@hubinternational.com www.hubinternational.com

R&R INSURANCE 1581 E. Racine Ave. Waukesha, WI 53186 Phone 262-574-7000 www.myknowledgebroker.com R&R Insurance’s School Practice Group has more than 25 years of educational institution experience and a dedicated Resource Center designed with school district’s risk and claims management needs in mind.

TRICOR INSURANCE 2001 W. Beltline Hwy., Suite 201 Madison, WI 53713 Phone 877-468-7426 john@tricorinsurance.com www.tricorinsurance.com TRICOR now insures over 150 public schools. TRICOR’s School Practice Team

is made up of a diverse group of experienced individuals who are extensively trained (30+ years experience) and specialized in school insurance products, risk management, support services, loss control, human resources and claims advocacy.

NATIONAL INSURANCE SERVICES OF WISCONSIN, INC. 250 South Executive Dr., Suite 300 Brookfield, WI 53005-4273 Phone 800-627-3660 slaudon@nisbenefits.com www.NISBenefits.com National Insurance Services has been a specialist in public sector benefits since 1969. Our insured products include: Health, Dental, Disability, Life and Long-Term Care Insurance. Our financial solution products include: Health Reimbursement Accounts, OPEB Trusts (Fixed or Variable), Special Pay Plan and Flexible Spending Accounts.

UNITEDHEALTHCARE 10701 W Research Dr. Milwaukee, WI 53226 Phone 414-443-4094 www.uhctogether.com/schoolsinWI www.uhc.com UnitedHealthcare’s mission is to help people live healthier lives by providing access to high quality, affordable health care. We are committed to improving the health care experience of K-12 teachers, staff, retirees and their families in the state of Wisconsin by providing Better Information, to drive Better Decisions, to help Improve Health.

LEGAL SERVICES BUELOW VETTER BUIKEMA OLSON & VLIET LLC 20855 Watertown Rd., Suite 200 Waukesha, WI 53186 Phone: 262.364.0300 www.buelowvetter.com The attorneys at Buelow Vetter have decades of experience in representing school boards across the State of Wisconsin. We advise school boards and administrators on a variety of issues from labor and employment to student discipline and expulsion.

PHILLIPS BOROWSKI, S.C. 10140 N. Port Washington Rd. Mequon, WI 53092 Phone: 262.241.7779 www.phillipsborowski.com tlhe@phillipsborowski.com Phillips Borowski, S.C. works with schools throughout the state to guide them through the complex system of laws and regulations affecting school operations.


L E A D E R S H I P

I N

P U B L I C

S C H O O L

G O V E R N A N C E

UPCOMING PROGRAMS 2013 FALL REGIONAL MEETINGS

2013 WASB/WSAA EMPLOYMENT & SCHOOL LAW SEMINAR

f o rwa r d t o g e t h e r : public schools l e a d i n g t h e w ay

2013 FaLL During an evening in regiOnaL Meetings September or October, please join us at your Dates: sept. & Oct. Regional Meeting to Varies per LOcatiOn meet and interact with your WASB regional director, celebrate accomplishments, and hear about WASB’s activities and plans. The Feature Presentation will include a series of short, informative presentations that highlight key issues confronting school districts and innovative programs developed by local school districts. Network with colleagues and WASB staff.

2013 WasB/Wsaa eMpLOyMent & schOOL LaW seMinar

Combined into one seminar for the first O 10-11, W , time, the 2013 WASB/ c c W WSAA Employment and O 31-n 1, M a e c School Law Seminar provides the most upto-date legal information you need to make sound leadership and management decisions for your district in the upcoming school year. ctOBer

estWOOD

ctOBer

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ausau

OnFerence

OVeMBer nergy

enter

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enter

The Seminar will feature experienced school attorneys from the WASB and the Wisconsin School Attorneys Association (WSAA). Featuring Wisconsin’s premier school law experts.

v i s i t wa s b . o r g f o r co m p l e t e i n f o r m at i o n a n d to r e g i s t e r

Ph: 608-257-2622 FAx: 608-257-8386


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