Legal Issues Impacting Educators in 2016/17

A few notes from two school law seminars: Mickes O'Toole, July 31; EdCounsel, July 29.

Student Data:
There is increasing pressure on schools to protect student data. The Missouri State Auditor's office is auditing schools' data security measures. Schools must be able to identify the individuals, policies, and practices that are used to protect student data.

Payroll:
FLSA regulations now require that "salaried" employees must be paid $47,476 a year, or have their hours tracked and be paid for overtime. The regulations do not apply to teachers, but this could impact non-certificated employees.  Every school employee is vital to serving students and all deserve fair compensation, but districts will be forced to hire additional employees to eliminate the need for overtime or raise salaries and expectations. Both measures will redirect funds that might go directly to instruction. It's unlikely that state/federal revenues will be adjusted to address this need so district leaders must be prepared to think strategically.

Reporting of Assaults:
Missouri schools have been required to report assaults to law enforcement for student interactions that did not result in injuries and may not have been motivated by malicious intent. Beginning January 2017, the threshold for reporting assaults will be higher. Interactions where students knowingly cause physical injury will be reported as assaults.  Districts should review their policies for reporting.

Transgender:
No other issue is as unsettled as the support for transgender students in public schools. While some legal advisors encourage adaptation of specific policies, all attorneys rightly acknowledge that no court with authority over Missouri has ruled on the issue. Adopting a policy may not be appropriate at this time.  Whether a district adopts a policy or not, educators must be prepared to work with parents and students to ensure expectations, supports, and protections are well communicated.

Bullying and Suicide Prevention:
House Bill 1583 tightens expectations for districts regarding the response to bullying.  With this law and the increasing trend of suits being brought against districts for failing to properly address bullying and harassment, districts must be more vigilant in documenting how bullying complaints are addressed. Efforts to address complaints that do not include punishment (student conferences and parent notification) should be carefully documented, especially in incidents of cyberbullying. Often cyberbullying takes place outside school hours on student owned devices. Schools may find it difficult to punish students for many of these incidents, but best practice will be to document efforts made to communicate to parents or appropriate law enforcement agencies.  School personnel who observe bullying must report it within two days. Investigations must be complete in ten days.

SB 638
Senate bill 638 enacts requirements for civics education, the constitution project, dyslexia, and the pledge of allegiance.

Flexibility Allowed For Civics Teachers In Meeting New Requirements

This summer Governor Nixon signed into law legislation requiring all students who begin high school after July 2017 to pass a civics test to graduate. According to the legislation, the test should be similar to the tests immigrants must pass to gain citizenship.  While I definitely see the need for a renewed focus on citizenship in our country- for everyone, not just high school students- I wish the legislature recognized there other ways to demonstrate knowledge than a test. It is refreshing; however, that the state has allowed local educators to have flexibility in crafting the test. There will not be another "one size fits all" test required in the spring. Educators will be allowed choose when and how the test will be administered, as well as assign the cut scores.  I'm thankful the legislature trusted local educators enough to provide some flexibility in determining how this important knowledge is assessed.

Help Getting Started: DESE's New Superintendent Meeting

This week I attended DESE's workshop for new superintendents.  The experience was well worth the time. Presenters took time to explain the tool schools use to report data and apply for funding for federal programs.  An official took time to help me with my account to ensure I could access everything my district needs. The day also included information and guidance on budgets, teacher development, mentoring programs, and legislative changes that will affect schools this year. While the information was important, the connections I made that day were even more valuable. I sat at a table with five other first year superintendents in my area, as well as the regional DESE supervisor. The overall tone of the day was encouraging and supportive. Direct numbers to the folks who administer specific programs were made available, which was very helpful because the very next day I found myself calling an office for help with my first submission. I was relieved to find the same supportive approach on the other end of the line. The day before I lost track of how many times I heard the phrase, "We want you to be successful." After getting the support I needed, I believed the sentiment would be followed up with action.

This year I will be on a journey that will include many firsts, but I am much more confident after spending a day with the men and women who will be there to help.

Implementing New Standards: Notes from DESE meeting.

On June 8, area supervisors for DESE met with Northeast school administrators at Moberly high school to discuss the implementation schedule for the new Missouri Learning Standards.

Here are a few takeaways:

-ESSA and MSIP 5 will require the same tests as were given in the spring of 2016.

-Tests in the spring of 2017 will be the same as the tests in 2016, but field tests of ELA and Mathematics items will be embedded in spring tests.

-Tests aligned to new standards will be introduced according to a staggered schedule (see image).

-2022 will be the first year with 3 years of MLS aligned test results in all subjects, which may be the first year APR scores could be used for accountability.

-EOC tests likely won't change much because the test items were developed in Missouri, not purchased from vendors that DESE is prohibited from using.

-IBD reports (likely by another name) will return.

-No definitive statements about testing platforms were made. My personal assumption is that they won't change. 

Inspired by Coyote Hill

My faith in humanity is often thin. Admittedly, many times, my Faith isn't much better. But for the last four years I've found consistent encouragement and reassurance while working with the families at Coyote Hill. While cleaning out my office I found a Christmas gift given to me by a few of the House Dads at Coyote Hill during my first year as principal: a Santa nutcracker dressed in a Hawaiian shirt that resembles the one I wear to ward off snow days. Any family that has middle school boys will most likely have some interaction with the middle school principal and the families at Coyote Hill are no different. When the dads gave me the nutcracker there were snickers. This was just one example of the humor, zest for life, and generosity of spirit that always impressed me when dealing with the Coyote Hill gang, a group of folks, mainly in their twenties, who chose to give up most of the pursuits of their peers to dedicate their lives to loving and raising kids from hard places.  For most it's been a path that they've chosen only for a season before moving on- sometimes adopting kids in their care. Seeing these forever families form has been inspiring. The provision of awesome house parents when folks move on has been inspiring. More than that, watching kids' lives be transformed by Christ's love has been inspiring. A Santa nutcracker in a Hawaiian shirt is an odd symbol of all that, but I'll be keeping it with me to provide the reminders and encouragement that I too often need.

Baccalaureate

Tonight I was honored and humbled to speak to the class of 2016 at their baccalaureate. I graduated with a very diverse group of students, one of a class of 540. My baccalaureate was held in the school gym and a far as I recall was encouraging but decidedly secular. For my community it was an appropriate event. All families were welcome at the event. I was glad to be a part of it. 

For the class of 2016 in Harrisburg the service was much different, but for the community it was very appropriate, and I was glad to be part of it. For small communities, it's important that people of faith have a chance to honor and support their students within the context of their faith. For me, as someone who came to faith in The Gospel in a small Baptist church, it was special to gather with the community in a small Baptist church and share verses that have encouraged me in times of transition. Like the graduates, I find myself at the edge of a change and as I encouraged them to strive for excellence, place God first, and make it a point to engage in a community of believers, I knew I needed to take those steps myself.

Sitting in the church basement after the service, chatting over cake and punch, I knew this would be a fond memory. 

Notes From METC

Last week I had the good fortune to attend the Midwest Educational Technology Community conference. The conference was a fantastic experience. I would encourage anyone who has a chance to attend future METC conferences to take advantage of the opportunity. This conference was especially enjoyable, as I had the opportunity to attend it with Wendy, who let me co-present with her.

A few notes, I'd like to remember from the conference.

-George Couros (Keynote): Couros was the perfect keynote for the conference. His presentation was engaging and energetic. I hope to channel his commitment to using educational technology to strengthen relationships and allow students to develop their voices.

-Google Administrator: This breakout session was led by tech coordinators from Orchard Farm. Even though I'm a principal in a GAFE school, I've never done anything on the administrator side of the system. From the training, I learned that the administrator console is very flexible. Various "buckets" can be created for users and administrators. Each bucket can be given different rights and restrictions. All users can be uploaded as a CSV file.  I appreciated the presenters promotion of "friction free" environments. They worked to make GAFE as headache free as possible for students, parents, and teachers. Setting up accounts for students under 13 did not become an insurmountable challenge. I also appreciated that various account administrators were given the ability to change student passwords without giving them any other responsibilities. I plan on taking advantage of the free GAFE administrator training soon. The presenters also praised several third party vendors (Bettercloud, Gaggle, Github) who assisted with management, monitoring, and filtering that followed students home with their district devices. Another good bit was the suggestion that a "sample student" account be created and enrolled in all classes. All administrators would have access to this account for viewing google classes without cluttering their in boxes with notifications. 

-Michelle Schmitz, Principal EPiC Elementary: Dr. Schmitz shared her experiences leading an elementary school with a STEM focus. The school's enrollment is comprised of students who applied.  Learning is personalized, project based, and standards based. The school operates with an extended school year. Schmitz shared that when the school opened some questioned if enough parents would enroll their children to keep the school open. Since that time the school has thrived. I especially appreciated Schmitz's commitment to honor the idea that learning is messy and her commitment to "flatten" school leadership by engaging and collaborating with teachers. Her school's map scores prove that learning and fun can coexist. I also appreciated her district superintendent's commitment to trying something new. The story of Epic's creation was a story of leadership collaborating with stakeholders to be innovative.  As a district level leader, I hope I will be willing to take risks for the sake of students.

-Professional Development: Kristen Swanson, an expert in professional learning, led this session. She drew on research from outside education to demonstrate that professionals learn best when they take control of their own professional learning. Two questions, she stated, should guide professional development: Why is this learning important? Who decides? Teachers will be empowered when they have voice and choice in their professional learning. Her presentation made me want to check out an EdCamp. The structure she recommended for teacher driven PD was curation, reflection, and contribution. I'll admit that her session made me realize how little room I had allowed for collaboration in my recent efforts to lead professional development. 

-Dark Side of One to One: Listening to the team from Poplar Bluff describe their struggles in implementing one to one was a fitting counter balance to Couros' keynote. Everything Couros said is true, but it is also true that many details must be managed to allow students to have those experiences. The presenters outlined many challenges they faced, from overestimating their wireless capabilities, to thinking through the logistics of deployment, to considering the policies that come into play with some of the choices students make with technology. If I ever end up in a position to lead a one to one initiative, I hope I remember their call to consider vision and manage details. I also hope I remember that microwaves in the teachers' lounge can interfere with wireless hubs in the classroom. 

-3D Printing: Much like the one to one session, the 3D printing session left me in a better position to consider 3D printing implementation. I posted my notes from this session here.

Overall, I'd say the conference fed my desire to empower students and teachers through technology, but I benefited a great deal from the calls to be patient (something I'm not great at) in collaborating to establish a clear vision for the use of technology and to mind all the details before committing district funds to major technology investments. I was also inspired and challenged by seeing how technology is being implemented in various districts. It's clear to me that communities who support technology will provide richer, more powerful experiences, to their students than communities who neglect this responsibility.