June 2009

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From

the

Boardroom June 2009

Vermont School Boards Association

2009 Legislature Adjourns; Governor Vetoes Budget; Calls Special Session by David Cyprian, VSBA Legislative Analyst Late into the evening on Saturday, May 9th, the Vermont General Assembly wrapped up its work and adjourned. As usual, the last 48 hours of the session saw a flurry of activity, with most of the major bills for the year passed after 11th hour negotiating sessions (two notable exceptions were the Child Sexual Abuse Prevention bill and the Civil Marriage bill, both of which were approved earlier in the spring). Less than ten days later, the Governor announced his intentions to veto the state’s budget bill and call the Legislature back into session on June 2nd. Governor Douglas also presented the Legislature with his alternative plan for a fiscal year 2010 state budget. Almost all of the education-related provisions of the 2009 session were folded into two bills, H.427, an omnibus education bill, and H.441, the aforementioned, vetoed budget bill. Therefore, the following report on Legislature’s activity as it pertains to education is subject to change. The Governor allowed H.427 to become law without his signature. Stay tuned…

For more detailed information regarding legislative activity, you may read the VSBA’s Education Legislative Reports, which are published periodically throughout the session (http://www.vtvsba.org/legis/legis. htm); the May 12th Report contains a complete run-down of the year’s legislation, and a new Report will be issued regarding the special session when more information is available. H.441: Budget and Tax bill (vetoed) Administration and Legislature Offer Alternative Plans for Education Fund Revenue and Uses As a result of the Governor’s veto and ongoing negotiations between the legislative and executive branches of government, it is difficult to accurately report in this newsletter on the latest information regarding base education property tax rates, teachers’ retirement, and other Education Fund issues. Interested persons are strongly encouraged to read our Education LegislaLEGISLATURE continued on page 2

Also in this issue... NEW Act 82 Divided Question Ballot Language . . . . . 3 Member to Member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Using Data for Decision Making . . . . . . . . . . . . . . . . . . 13 Imposed Teacher Contracts . . . . . . . . . . . . . . . . . . . . . 14

LEGISLATURE continued from page 1

tive Reports available online for the most up-to-date information. Broadly speaking, both sides are proposing cost shifts from the State’s General Fund to the Education Fund; the debate centers around what to shift, at what amount, and for how long. The Governor has proposed, once again, to shift the state share of the teachers’ retirement system to the Education Fund. He is also calling for a freeze in education spending for fiscal year 2011 at fiscal year 2010 per pupil amounts. The Legislature’s bill did neither of these things, but it did contain significant short-term cost shifts and their tax rate-setting bill would freeze the base education payment in fiscal year 2011 at the fiscal year 2010 amount ($8544). Overall, the Legislature’s proposal involves less of a total cost shift and no structural change as permanent and significant as moving teachers’ retirement into the Education Fund. Education Organization and Management Study A provision in the H.441 creates a committee to “examine potential improvements to the structure and funding of the Vermont educational system in light of the state’s limited financial resources.” Among other related charges, the committee would: Examine the role and the effectiveness of the policy-making, management, and administrative structure that creates and implements Vermont education policy, including consideration of the functions of the legislature, the governor, the state board of education, the department of education, supervisory unions, local school boards, parents, students, community members, and other entities and individuals… Identify and evaluate the long-range sustainability of current and potential funding sources and mechanisms…

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The committee will be comprised of 15 members including eight legislators, the Commissioner of Education, and six other appointees from outside state government (four appointed by the Legislature and two by the Governor). Mailing Insert Repealed The Tax Department will immediately stop including the insert “About Your 20XX Taxes: The more you spend the more you pay” in property tax bill mailings. Exceptions to Divided Question / Excess Spending H.427 also identified certain categories of school spending that could be excluded from the formulae that calculate whether a district is subject to the Act 82 divided question law and the excess spending threshold. Spending for school construction, including interest paid on bonded debt, and costs associated with planning the merger of a small school can now be excluded from both calculations. H.427 makes three more exceptions for the Act 82 divided question formula only: 1) Anticipated tuition costs for students in grade levels for which the district does not maintain a school (this exception is optional); 2) Spending attribution to the district’s share of costs for 21st Century Community Learning Centers after-school programs; 3) “Spending… attributable to the costs of providing alternative educational opportunities designed to encourage at-risk high school students to remain enrolled in and to graduate from high school, whether offered by the districts or a contracting entity.” H.427: Omnibus Education Bill Act 82 Budget Language Although the Legislature was hesitant to even considering a repeal of Act 82 during this session, members of the General Assembly did agree to include new required ballot language for districts subject to the divided vote law in H.427. The new language removes prejudicial

wording that had been included in the law’s original construct. See the sidebar for the wording. Designation of Public High Schools Districts that do not operate high schools and/or junior high schools may now designate a public high school in another district as the high school for the district, and pay tuition for all its students to attend that school. The designation must occur via a vote of the electorate, and the board of the designated school must vote to accept the designation. Existing law allows designation of independent schools only. Designating a high school gives districts a measure of cost certainty as compared to high school choice; however, it is distinct from a union school relationship in that the designating district has no official voice in the board or the administration of the receiving school. Parents of students in designating districts may notify the board that their child will be attending a non-designated public or independent school by April 15th preceding the academic year. The board will pay tuition for these students not to exceed the least of (i) the tuition charged by the designated school, (ii) the average tuition charged by union high schools in Vermont, or (iii) the tuition charged by the enrolling school. High School Completion Enrolled students will now be eligible to take part in the Act 176 High School Completion program, whereby districts formulate a “Graduation Education Plan” for certain students and are reimbursed for contracted educational services provided. Schools’ Education Support Teams (ESTs) must determine, at any grade level, which enrolled students are at risk of not completing high school based on guidelines to be developed by the Commissioner of Education. For identified students, ESTs are to develop an individualized strategy to assist the student in completing high

New Act 82 Divided Question Ballot Language The total proposed budget of $_________ is the amount determined by the school board to be necessary to support the school district’s educational program. State law requires the vote on this budget to be divided because (i) the school district’s spending per pupil last year was more than the statewide average and (ii) this year’s proposed budget is greater than last year’s budget adjusted for inflation. Article #1 (School Budget) Part A. Shall the voters of the school district authorize the school board to expend $_______, which is a portion of the amount the school board has determined to be necessary? Part B. If Part A is approved by the voters, shall the voters of the school district also authorize the school board to expend $_______, which is the remainder of the amount the school board has determined to be necessary? school, in consultation with the student’s parents where possible. The Commissioner is to develop an “accurate, uniform, and reliable method for defining and measuring secondary school completion rates on a school-by-school basis.” His department must then assess individual schools on meeting their completion rate benchmarks and districts must report on their schools’ progress to taxpayers. Truancy The Commissioner of Education is directed to develop model protocols that seek to reduce truancy in Vermont, through the LEGISLATURE continued on page 4

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involvement of State’s attorneys and the court system. Supervisory unions must adopt truancy policies by July 1, 2010 that are consistent with the Commissioner’s model protocols. Tuitioning Elementary Students A student’s parent can petition the school board to allow the student to attend a nearby but out-of-district public elementary school. The board may pay the tuition “if in the board’s judgment the pupil’s education can be more conveniently furnished there due to geographic considerations.” The parent may appeal the board’s ruling to the Commissioner of Education, who will decide whether the board must pay all, some, or none of the tuition. The appeal to the Commissioner and the standard of “geographic considerations” are the changes from existing law. If the district does not maintain an elementary school, a parent can notify the board that his or her child will attend an approved independent school by April 15 preceding the academic year. The board shall pay tuition not to exceed the least of (i) the statewide average tuition of Vermont union elementary schools, (ii) the average per pupil tuition the district pays for its other resident elementary students, or (iii) the tuition charged by the approved independent school. Existing law allows parents to chose public elementary schools, and boards to decide whether a student could attend an independent school. Construction Aid Certain districts will receive a total of $10.3 million in state aid for existing school construction and renovation projects in fiscal year 2010. The moratorium on state aid for new school construction continues. Other than the $10.3 million that the state will reimburse this year, school districts collectively are still waiting for $32.5 million in obliged state aid.

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New England Dairy & Food Council® and the National Dairy Council® have once again huddled up with the National Football League to help America’s students eat right and stay active with a brand new school wellness program, Fuel Up to Play! This free program focuses on empowering kids to make smart choices about their nutrition and physical activity. • Schools enrolled in Fuel Up to Play receive the easy-to-implement School Wellness Activation Kit, online marketing tools and other bonus materials. • The kit includes a menu of activities and colorful display materials – customized with the New England Patriots insignia - that inspire students to “get up and play” for 60 minutes a day and to “fuel up” with the food groups kids don’t get enough of – low-fat and fat-free dairy products, fruits, vegetables and whole grains. • Fuel Up to Play can be used to complement an existing school wellness program, or to help a school get started. Enrollment for the 2009-2010 school wellness kit is now open. Hurry order today! For a limited time, the first 250 schools that enroll for a kit will receive a special audio CD containing Fuel Up to Play Public Address (PA) announcements featuring NFL kicker Stephen Gostkowski. To receive your school’s free kit or for more information about Fuel Up to Play, go to www.SchoolWellnessKit.org.

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American Recovery and Reinvestment Act of 2009:

Using ARRA Funds to Drive School Reform and Improvement A message from the U.S. Department of Education Education funds provided through the American Recovery and Reinvestment Act (ARRA) provide a unique opportunity to jump start school reform and improvement efforts while also saving and creating jobs and stimulating the economy. These onetime resources should be spent in ways most likely to lead to improved results for students, long-term gains in school and school system capacity, and increased productivity and effectiveness.

other programs. It also provides support for adults with disabilities through the Vocational Rehabilitation State Grants program and the Independent Living programs authorized under the Rehabilitation Act.

In America, all students should graduate from high school prepared for college and a career and have the opportunity to complete at least one year of postsecondary education. This means that we must dramatically improve student achievement and close the achievement gap. ARRA identifies four core reforms that will help the nation meet that goal: (1) adopting rigorous college- and career-ready standards and high-quality assessments; (2) establishing data systems and using data for improvement; (3) increasing teacher effectiveness and equitable distribution of effective teachers; and (4) turning around the lowest-performing schools.

This document includes framing questions for decision making and examples of potential uses of funds to improve educational outcomes from early learning through high school. It is intended to spark ideas about how districts and schools might use ARRA funds, particularly those available under the SFSF, Title I, and IDEA Part B programs. Districts generally have up to two years to obligate these funds. While many school districts may need to use a portion of their ARRA funds to save jobs, every district and school should be considering how to use these funds to improve student outcomes over the next two years and to advance reforms that will have even longer-term impact.

ARRA provides billions of dollars to strengthen education through the State Fiscal Stabilization Fund (SFSF); Title I, Part A of the Elementary and Secondary Education Act (ESEA); Part B of the Individuals with Disabilities Education Act (IDEA); P e l l Grants; Federal W o r k Study; and

Framing Questions for Decision Making In considering how to best spend ARRA funds, decision makers should consider ARRA continued on page 6 Editor: David Cyprian email: [email protected] Layout: Kerri Lamb email: [email protected] Articles printed represent diverse points of view and may be controversial in nature. It is the belief of the Association that the democratic process functions best through discussions which challenge and stimulate thinking on the part of the reader. Therefore, materials published present the ideas/ beliefs of those who write them and are not necessarily the views or policies of the VSBA unless so stated. This newsletter is distributed at no charge to all members of the Association. Contact the Association by calling 802-223-3580.

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ARRA continued from page 5

whether they can answer “yes” to these five questions: 1. Drive results for students? Will the proposed use of funds drive improved results for students, including students in poverty, students with disabilities, and English language learners? 2. Increase capacity? Will the proposed use of funds increase educators’ long-term capacity to improve results for students? 3. Accelerate reform? posed use of funds advance state, district, or school improvement plans and the reform goals encompassed in ARRA? 4. Avoid the cliff and improve productivity? Will the proposed use of funds d avoid id recurring i costs that states, school systems, and schools are unprepared to assume when this funding ends? Given these economic times, will the proposed use serve as “bridge funding” to help transition to more effective and efficient approaches? 5. Foster continuous improvement? Will the proposed use of funds include approaches to measure and track implementation and results and create

feedback loops to modify or discontinue strategies based on evidence? Using short-term ARRA funds effectively will require new thinking and thoughtful conversations among state, district, and school leaders, as well as teachers, students, families, and communities. The first step is a careful examination of student achievement data to determine where to focus improvement efforts. To inform thoughtful planning, below are examples of potential uses of funds for early learning through high school. These examples are not intended to be a a menu of options or a list of “silver bullets,” but rather a starting b point for consideration p iin light of local goals, data, and context. Uld ttimately, if educators and community leada ers focus on a small e number of related and n reinforcing strategies and apply these strategi substantial one-time resources consistent with their overall plan for increasing student achievement, they are more likely to improve results than with a diffuse or scattershot approach. All the examples below may be supported using funds made available through the SFSF program. To the extent consistent with program requirements, districts, and ARRA continued on page 7

Each issue of From the Boardroom is available online as well as in print. To help save the Association postal costs and reduce paper consumption, please consider signing up to receive our newsletter electronically, via e-mail notification. Signing up is easy. Just e-mail Mary Gilbert at [email protected], indicating that you would like online delivery of the newsletter (also let her know which school board you are on). Also check out our website (www.vtvsba.org) which is frequently updated with news and resources tailored to your needs as a board member.

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ARRA continued from page 6

schools may also use Title I and IDEA Part B funds to support these or similar strategies and are encouraged to do so. The Department will supplement these examples over time with ideas about best practices from schools throughout the nation. The Department will also provide specific guidance on uses of funds allowable under Title I, IDEA Part B, and other ARRA programs. Uses of Funds: Examples for Consideration These initial examples are organized into

five categories that reflect the priorities of ARRA: • Adopting rigorous college- and careerready standards and high-quality assessments; • Establishing data systems and using data for improvement; • Increasing teacher effectiveness and equitable distribution of effective teachers; • Turning around the lowest-performing schools; and • Improving results for all students, including early learning, extended learning time, use of technology, preparation for college, and school modernization.

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2009 VSBA Resolutions Submission Form VSBA Resolutions are the Association’s approve a resolution for submission) has official positions on important educational additional suggestions for resolutions, issues and are adopted by the member- please submit them for consideration by ship for each biennium. These positions the Resolution Committee no later than guide your Association Board of Directors July 15, 2009. and staff as they represent you in Montpelier and at the federal level. Resolutions Resolutions may cover any topic of sigadopted in October 2009 will remain in nificant statewide or national concern. effect through the 2009-10 Legislative They address desired legislative or govbiennium but may be amended during ernmental initiatives. Please be concise the 2010 VSBA annual conference. The and clear so the intent, as well as the 2009 annual meeting will be on October requested action is understandable. It is 15 at the Lake Morey Resort. Please the “Resolved” portion (or action requestcheck the current resolutions at www. ed) that is voted on, not the “Whereas” vtvsba.org. If your board (not individual rationale, which should be used only to members-member school boards must explain your board’s position. SPONSORING SCHOOL BOARD:____________________________________ TOPIC OF CONCERN: ____________________________________________ WHEREAS:_________________________________________________________ (please explain why the action you are requesting should take place) ________ __________________________________________________________________ AND WHEREAS:_____________________________________________________ (further explanation if necessary)________________________________________ __________________________________________________________________ BE IT RESOLVED:__________________________________________________ (explain what action you desire)______________________________________ _______________________________________________________________ NOTE: Resolutions may also be submitted from the floor at the business meeting, provided they are “in writing with sufficient copies for voting delegates. A majority of the voting delegates present must approve a motion to allow the resolution to be introduced for discussion.” [VSBA Bylaws] Fax to: 802-223-0098 or Email: [email protected]

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Study Indicates Students Need More Bioscience Education;

Vermont Does Better than Most

A new study released by the Battelle Memorial Institute indicates that U.S. states are not adequately supporting student achievement in overall science and life science education. Taking the pulse of bioscience education in America: A State-by-State Analysis also identifies Vermont as among a handful of states that are doing the best job relative to their peers. The report looked at student performance in science indicators, such as NAEP science assessments, AP biology assessments, and ACT biology assessments, as well as state commitment to bioscience education, indicated by state standards, scientific rigor of standards, and percentage of students taking the AP biology exam.

Nation’s Report Card”) assessments (10 percent better than the national average), (ii) a relatively high number of high school graduates participating in AP biology (5.9 percent), (iii) percent of AP biology students scoring 3 or higher on the exam (59 percent), and (iv) strong State standards related to biotechnology, including scientific input, and staff at the State level dedicated to science standards. The report did note that Vermont was one of 26 states that did not require high school biology.

The report concluded that states must commit to improving student achievement in biology and ensure that their students are prepared to succeed in college-level bioscience courses. The report also suggested that states do a better job tracking student participation and performance in the sciences, and that states should take a more systemic approach to teacher Vermont earned its strong ranking be- professional developcause of: (i) strong student scores on ment and career awarethe 8th grade life science NAEP (“The ness for students.

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Member

to

Member

We realize the value of board members networking, asking and answering questions of one another. We have added a Member to Member page on our website. This page can be accessed through our homepage www.vtvsba.org. Select the Member to Member link.

New Questions:

Q:

These are questions posed by fellow board members. If you have an answer or another question, please submit one.

With the teacher and support staff all being negotiated at the supervisory union level how are supervisory unions splitting the cost (legal fees) among the districts? 1. In our district these expenses are in the Supervisory Union central office account and so they are shared as all those expenses are on an average daily member per pupil cost basis. 2. SU pays and allocates by ADM 3. We have 6 schools in our district and we split the cost evenly. We felt like proportional didn’t make sense in this case. 4. All fees and costs should be covered in the SU individual district assessment which depends on what portion of the total SU cost a district pays. If your school has a school/public library how do you manage the entry of adults during the school day and how is Internet safety dealt with if co-use of library computer systems happens between the public and students?

A:

Q: Q:A: Q:

I would like to know if districts have an in house hot lunch program or if they lease this out. 1. We had an in house lunch program until three years ago and went with the Abbey Group. When we had our own program we lost between $2,500 and $4,000 per year which we made up in the budget. We are inclined to go back to this system as we are not satisfied with the new provider and would rather spend out of the budget than be at the mercy of an outside contractor. I am unclear of the role and duties of our chair. What document can help me to understand the chairs roles, duties and “power”? 1. As a Policy Governance Board, the role of chair is clearly defined IN POLICY. The Board then reviews the chair’s performance on a regular basis against the policy. The Board, then, holds the chair and the Board accountable for their own work. May contact me through VSBA for more information.

A:

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2. Check the ‘Vermont School Board Resource Directory’ page 99.

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VSBA Regional Meetings! Please consider attending the meeting in your area. The VSBA staff has gone through great lengths to be sure none of the dates conflict with currently scheduled school board meetings, however, please consider these dates when rescheduling around holidays in September. The regional meetings are FREE of any charge. The meetings will begin at 5:00 with a light dinner, continue into regional elections and regional discussions followed by a workshop/discussion time regarding statewide issues. VSBA, like all membership organizations, depends on participation from you — local school board members — for its strength and vitality. The primary purpose of VSBA’s regional meetings is to provide you the opportunity to provide important input and representation to the Association by electing members from your region to serve on the VSBA Board of Directors and Resolutions Committee. The VSBA Board provides direction and support for the programs and services offered to the member boards, while the Resolutions Committee recommends positions on various issues that the Association membership acts upon at the Annual Meeting. 9/16/09 - Addison - Middlebury Union High School 9/17/09 - Chittenden & Grand Isle - Winooski High School 9/24/09 - Essex, Caledonia, & Orleans - Lake Region UHS 9/24/09 - Franklin & Lamoille - Bakersfield Elementary School 9/29/09 - Orange & Washington - Spaulding Union High School 9/29/09 - Bennington & Rutland - Manchester Elementary School 9/30/09 - Windsor & Windham - Green Mtn Union High School

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Managing the Physical Environment in a School Indoor Air Quality: Can You Answer Yes? Outdoor Air Supply • Is the building ventilation system turned on? • Are all vents free of obstruction? • Is air flowing into outdoor intake? Air Handling Unit • Is the system turned on? • Is air flowing from vents? • Are filters clean and properly installed? • Are dampers operating properly? • Is the drain pan clean and properly draining? • Are the unit coils clean?

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Air Temperature & Humidity • Is thermostat properly set? • Are humidity levels comfortable (between 30% – 60% relative humidity)? • Does air seem clean and fresh? Housekeeping Sources • Are housekeeping products used according to directions? • Are products stored in sealed containers or in vented rooms?

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NSBA Legal Clips and technical assistance that we have made available more recently.” Comments on the proposed rescission are due June 1, 2009.

HHS to Rescind Rule Cutting Medicaid Reimbursement for Schools The Department of Health and Human Services (HHS) has issued a proposed rescission of its December 2007 final rule that would have prohibited federal reimbursement for Individuals with Disabilities Education Act (IDEA)-related administrative and transportation costs for Medicaid-eligible students. Implementation of the rule by the HHS Centers for Medicare and Medicaid Services (CMS) already had been blocked by successive Congressional moratoria. “We previously assumed that, since such activities were within the scope of the overall mission of the schools, the activities would continue with funding from other sources available for educational activities,” CMS states in its new proposed rule. “Because this assumption may be invalid, we are concerned that implementation of the rule could adversely affect Medicaid beneficiaries.” Acknowledging that this concern was suggested by public comments submitted to the rule as proposed in September 2007, CMS indicates that “we may not have been fully aware of the magnitude of the potential adverse consequences.” In addition, “oversight reviews that we cited in issuing the final rule, indicating some deficiencies in procedures for claiming school-based administrative expenditures and necessary transportation, were several years old and based on data collected more than 5 years ago. These claims did not reflect CMS guidance issued after the review data was collected; nor did they reflect the greater administrative oversight

The decision by HHS caps years of efforts by child advocates, NSBA prominent among them, in the legislative, judicial, and administrative arenas. In 2003 and 2004, NSBA was prepared to file a lawsuit challenging the cuts and had raised the funds for that purpose, but relief has come year by year from other quarters since then. Details from years of Legal Clips updates are available starting from the first NSBA link below. The second NSBA link is to a collection of materials on the issue from NSBA’s Office of Advocacy. A February 2009 report by Congressional Research Service (CRS) on the issue provides another overview of the issues involved.

Pennsylvania district discovers plan to jam cell phones illegal After a safety meeting at which the superintendent announced that a plan to jam cell phone signals inside school buildings is illegal under Federal Communications Commission (FCC) rules, the Penn Hills School District is looking into other options, Pittsburgh’s WPXI Channel 11 News reports. School officials were concerned that text messages and phone calls were leading to fights and other security issues. The school board had voted last week to consider buying equipment that blocks incoming and outgoing calls and text messages to prevent students from telling each other where to meet for fights or where security guards may be.

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These excerpts are courtesy of the NSBA’s Legal Clips service.

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Got Policy? The VSBA has model policies on the website (www.vtvsba.org). Many districts call to ask if we also have sample policies. Model policies are written by the VSBA staff and include necessary pieces of information. Sample policies are collected from districts throughout Vermont and sometimes throughout the United States. Our list of sample

policies are beginning to thin out. We are hoping school districts across Vermont would be willing to send us a copy of your current policy manual so that we may have more available to share when districts request certain topics. Please mail them to our office or email them to [email protected].

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Coventry Village School Runners Take the Prize Who said you can’t get paid for doing what you love? The student-athletes of Coventry Village School recently won $1,000 for their Mighty Milers program from the New York Road Runners Foundation (NYRRF) to continue one of their favorite activities, running! Mighty Milers, the flagship program of the NYRRF, challenges students across the country to run half a mile, at least twice a week, with a school-year goal of completing one to four “marathons of miles” (26.2 miles – 104.8 miles). Since starting a pilot program earlier this year with the third and fourth grades, Coventry Village students have already run 1,000 miles. “My students are very excited,” says 3rd grade teacher Jennifer Montgomery who brought Mighty Milers to her school. Montgomery appreciates the Mighty Milers program for the healthy habits it instills and the sense of community it fosters. Twenty-three kids run or walk three mornings a week and teachers quickly noticed a positive change in student behavior along with other benefits including, cardiovascular health, goal setting, increased self confidence, and camaraderie. Third

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grader Manisha Gratton sums it up like a veteran runner, “Although I get tired, I am proud of what I have done.” In a time when more than 30% of U.S. children are overweight or obese and one in three children born today are expected to develop type 2 diabetes, programs like Mighty Milers are essential to help instill healthy habits in our kids. Research suggests there is a critical window of opportunity to reach children before they develop lasting b weight problems—accordw ing to the American Acadin emy of Pediatrics, 80% of e obese teens become obese o adults. “Mighty Milers was a ccreated to educate and empower kids to make lifee sstyle changes so they can avoid the devastating and a lilife-long consequences of obesity,”” says N NYRRF executive director obesity Cliff Sperber, “but the kids from Coventry Village, like kids all across the country, embrace Mighty Milers because it’s fun and challenging in a way that helps them feel good about themselves.” Schools can learn more or apply for their own Mighty Milers program at www.mightymilers.org/apply.

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Using Data for Decision Making Despite progress, many districts don’t coordinate data collection, study finds. The collection, analysis, and use of educational data, from the federal and state levels all the way to local schools and classrooms, are central to the improvement of student outcomes. In support of this, the implementation of No Child Left Behind legislation has been accompanied by a demand for data systems and related technology capable of providing a longitudinal record of each student’s educational experiences and performance over time. A national study of education data systems and decision making, sponsored by the U.S. Department of Education’s Office of Planning, Evaluation and Policy Development, is documenting the availability of education data systems, their characteristics, and the prevalence and nature of data informed decision making in districts and schools. The study, entitled “Implementing DataInformed Decision Making in SchoolsTeacher Access, Supports and Use” is examining both the implementation of student data systems per se and the broader set of practices involving the use of data to improve instruction, regardless of whether the data is stored in and accessed through an electronic system. Important Questions The conceptual framework developed for the study identifies six prerequisites and supports for data-informed decision making: (a) state, district, and school data systems; (b) leadership for educational improvement and the use of data; (c) tools for generating actionable data; (d) social structures and time set aside for analyzing and interpreting data; (e) professional development and technical support for data interpretation; and CO tools for acting on data. This report draws also on data from secondary sources (spring 2007 district and teacher surveys from the U.S. Department of Education’s National Educational Technology Trends Study).

Early Findings • The burgeoning activity around student data systems over the last five years is being felt at the district and school levels. • Data from student data systems are being used in school improvement efforts but are having little effect on teachers’ daily instructional decisions as evidenced in case study districts. • Case study districts demonstrated their support and leadership for schools’ use of data through purchasing systems, modeling data use, and providing school-based support positions. • A number of federal programs have supported schools’ use of data to inform instruction. Staff members at case study schools described the use of funds from Title I, Enhancing Education Through Technology, and Reading First to support school-based staff members who help teachers examine data and draw implications for instruction. • Districts appear to be responding to the need for professional development for teachers that focuses on data analysis skills or data-informed decision making more generally. • Organizational structures that support data use at the school level can include designated time for teachers to review and discuss data in small groups, assigned support staff, and the adoption of procedures for dis-cussing data. In the 2006-07 teacher survey, most teachers reported having positive perceptions of support for using and interpreting data that they could access from data systems. For example, a majority of teachers with access to a data system (71 percent) agreed or agreed strongly that when they needed help making sense of the data in district systems, they knew someone who could help. Case study districts provided even stronger support for data-informed decision making than the typical level indicated in the teacher survey responses.

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To view the report in its entirety, visit the U.S. Department of Education’s Office of Planning, Evaluation, and Policy Development Web Site at http://www.ed.gov/about/offices/list/opepd. Excerpted with permission from the Texas School Boards Association’s Texas Lone Star

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Two Chittenden County Districts Impose Contracts by John Nelson, VSBA Executive Director The Vermont Labor Relations Act for Teachers was enacted in 1969. It includes a provision, unique in Vermont labor relations law, allowing school boards to resolve negotiations stalemates by “declaring finality” after all efforts to reach an agreement on contractual issues have been unsuccessful and processes for conflict resolution have been exhausted. “Declaring finality” means that a board may make a final, binding “take it or leave it” offer to teachers on matters that have been in dispute in the contract negotiations. This action is sometimes referred to as “imposing” a contract. Because school boards have this power under the law, Vermont teachers are given a countervailing power often not given public employees—the right to strike. The decision to impose a contract should be made only after extensive discussions with the board’s legal counsel. Failure to follow the proper procedure for imposing a contract can have very expensive ramifications for school districts that make mistakes. Contract imposition has occurred rarely in the 40 year history of teacher collective bargaining in Vermont. However, the current economic crisis, combined with a state budget impasse that could be resolved in part with capping school spending at below inflationary levels, has labor relations experts predicting that it may become more common in the near future. According to recent press accounts, two

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school boards have imposed contracts in the past month, and their actions in doing so are thought to be the first such actions since 2000. The Winooski School Board and the Chittenden East Supervisory Union school boards both chose to impose contracts on teachers in May. Each had been engaged in lengthy contract negotiations, and both contracts were imposed retroactively for fiscal year 2009 only. Winooski imposed a 3.6 percent average wage increase, and Chittenden East imposed a 3.75 percent increase. Other than the wage increases, contract negotiations had, according to reports in the Burlington Free Press, come to an impasse in Chittenden East over scheduling a 9-to-5 workday for some educators and increasing the health co-pay for the regular insurance plan. The Free Press editorialized shortly after the imposition was announced in support of the Winooski and Chittenden East school boards, saying that the boards had shown “a decisiveness that has been missing from the management of our public schools” and had offered pay settlements that are “beyond generous…especially in a profession that already offers good pay and even better benefits.” As of press time, the teachers bargaining units were still evaluating whether to accept the imposition. Vermont has had 23 school strikes statewide in the last 40 years. One of the most recent of those was a six day strike at the nine public schools in Chittenden East.

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2009 Leadership AWARD NOMINATION FORM

Nominations are invited for the 2009 VSBA Leadership Award. This honor may be presented by the Vermont School Boards Association to a school board member or an entire school board that has demonstrated extraordinary leadership. Nominations may come from individuals or organizations throughout Vermont including, but not limited to, school board members, school boards, school administrators, teachers, or community members. A VSBA selection committee will review all applications and recommend to the VSBA board one individual and/or one board for receipt of this annual award. Final determination will be made by the VSBA Board of Directors and recipients will be honored at the VSBA Annual Conference in the fall. Individuals and boards nominated but not selected will receive certificates and recognition in the VSBA newsletter. Eligibility standards are listed on the VSBA website and may be mailed upon request. VSBA is looking for an individual board member or an entire board that has demonstrated some or all of these qualities: ; Has served their community for many years; ; Has served above and beyond the call of duty; ; Has helped to accomplished a major milestone; ; Has demonstrated a focus for all children in the district, including a focus on student achievement; ; Has worked well with fellow board members or as an entire board; ; Has pursued self-improvement and growth in boardmanship; ; Has worked tirelessly as an advocate for the district and its students.

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(Form also available on-line at www.vtvsba.org) Please selection one: Individual Nomination Board Nomination Name of Nominee or Board: School District: Current Board Member [___] or Service Ended current School Year [___] _______ Nominated by: Daytime Contact Phone Number: Email: Attachments in support of nomination should be limited to no more than three pages plus the biography. Any applications that exceed a total of five pages will not be considered. PLEASE RETURN NO LATER THAN AUGUST 15, 2009 TO: FAX: 802-223-0098 * Email: [email protected] * MAIL: 2 Prospect Street Suite 4, Montpelier, VT 05602

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Vermont School Boards Association 2 Prospect Street Suite 4 Montpelier, VT 05602-3579 www.vtvsba.org

Non-Profit Org. U.S. Postage Paid Permit #222 Barre, VT 05641

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