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After the Bell
Adding the International Baccalaureate to the Mix
Shades of Green
The Other Side of the Report Card
SPECIAL SECTION: SCHOOL LAW
Litigation Evasion
Can School Board Members be Sued?
Watch What You Say, Part II*
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After-school time can be as important as in-school time. This group provides a research-proven model for high quality after-school programs.
By Shannon Boehmer and Jim McGlynn
The period in between the end of a child’s school day and the end of their parents’ work day can be a worrisome time.
The dangers of children not being adequately supervised after school are well-known: unsupervised kids are more likely to be involved in juvenile crime, engage in high-risk behavior, use alcohol, drugs and tobacco, and receive poor grades. Children are also at a higher risk of being the victim of a crime during the hours after school. Even kids who are safe alone at home may simply pass the hours away sitting in front of a television, rather than being involved in something constructive.
After-school programs keep kids of all ages safe and out of trouble. But they can also enrich kids’ lives and help improve the academic performance of students. Well-run programs enable children to develop strong relationships with caring adults and a supportive group of friends, and participate in a variety of fun activities that connect school-day learning to engaging real-life experiences. Addressing these issues in an effective way is critical to addressing another problem: the drop-out issue.
Students in good programs around the state receive homework help, tutoring and study support, and participate in an enriching blend of other activities. Quality after-school programs in the state have offered activities in areas such as performing arts, community service, visual arts, sports and health, financial literacy, technology, photography, book clubs, and creative writing.
But it can be difficult for parents to find such programs, and many communities don’t have them. According to the Afterschool Alliances America After 3 household survey, only 12 percent of children in New Jersey working families are enrolled in after-school programs.
That’s where New Jersey After 3 comes in.
NJ After 3 is a private, nonprofit corporation based in New Brunswick that is dedicated to expanding and improving after-school opportunities for New Jersey’s students. The organization, founded in 2004, provides a research-proven model that helps fund youth-serving non-profit agencies that implement it. It currently serves more than 14,000 students in more than 100 schools statewide. Its public/private partnerships with schools and groups such as Boys & Girls Clubs, YM/YWCAs, faith-based groups, and other non-profit youth-serving organizations make a difference throughout the state.
NJ After 3 has developed a model after-school program that includes nine “core elements,” that are part of its high-quality program. Core elements include low student/adult ratios, comprehensive programming, alignment with school days and regular attendance. All after-school program providers receiving funding must adhere to the core elements, and NJ After 3 regularly monitors the programs in addition to providing ongoing training and professional development.
“The NJ After 3 vision is for every child in New Jersey to have the opportunity to participate in high-quality, comprehensive, structured, supervised and enriching after school activities, “ says Mark Valli, president and chief executive officer of NJ After 3. “The model was designed to create scalable programs to keep students safe, enhance student learning, promote positive youth development, and support working families”
In a time of shrinking school budgets and escalating education costs, NJ After 3’s network ensures cost-effective, high-quality activities and experiences that support school day learning. NJ After 3 programs provide a unique environment where students find relevance in their math, reading and science classes, while immersing themselves in other subjects which no longer fit in the traditional school day frame. Fitness, arts, and character education curricula are thriving throughout the statewide network as more than 40 non-profit partners share their ongoing research, experience and best practices.
Proven Results Results from a study conducted by Policy Study Associates (PSA) show that participation in NJ After 3’s network of high-quality after-school programming (for two years or more) correlates with significant improvements in students’ literacy skills.
The NJ After 3 PSA study also shows that students attribute important academic, social, and personal gains to their intimate involvement in their after-school programs. Participants indicated that they enjoy having the access to consistent, caring adult educators who support them while they finish their homework. They also feel that the extra support helps them to earn better grades in school.
“With exceptionally high daily attendance rates, NJ After 3 programs are not only providing a place where kids like to be, they foster an environment where students learn and develop,” states Valli.
Strengthening Community The NJ After 3 network of programs provides enrichment activities in addition to academic support. Sports, physical activities and nutrition education are all offered, as well as opportunities to learn to use new technologies and be creative through the arts. The children are also engaged in community service learning projects. Led by a dedicated team of NJ After 3 AmeriCorps members throughout the state, students work in teams to develop and execute projects in their community. These projects help kids understand the importance of community involvement, build character, and inspire a lasting sense of pride and ownership in their neighborhoods.
By keeping children off the streets between the hours of 3 p.m. and 6 p.m., high-quality after-school programs are also playing a critical role in Gov. Jon Corzine’s strategy to reduce crime. Creighton Drury, crime and gang prevention director for the N.J. Department of Law and Public Safety, explains, “Keeping young people in school and engaged is a primary objective in our efforts to reduce juvenile crime and gang activity. In working toward this objective, Governor Corzine and Attorney General (Anne) Milgram have recognized that out-of-school time, and the need for quality after-school programs, is a core strategy in combating juvenile crime and helping children and families to succeed.” Drury also says, “NJ After 3 and its network is an important partner in these efforts. Its model program keeps children safe, positively impacts academic performance, and inspires them to become positive forces in their community.”
Funding Procedures NJ After 3 grants range in size from $50,000 to $500,000; the typical grant is between $150,000 and $300,000. Only non-profit, charitable, 501 (c)(3) organizations that can demonstrate a partnership with local public schools can apply for funding. Generally, NJ After 3 seeks to fund programs that serve between 150 and 500 students, and grants are available for programs serving kindergarten through eighth grade. Each year, a request for proposals is announced on the NJ After 3 Web site at www.njafter3.org; typically the RFP is announced in the Spring.
Every NJ After 3 program must partner with a school. However, the school district itself does not apply for the funding grant – only the non-profit organization does. NJ After 3 funding does not just go to low-income schools, Title I schools or the former Abbott district schools; funding is available to all New Jersey communities. A larger percentage of the programs receiving grants to date have tended to be in urban communities, since there must be a demonstrated need for such an after-school program. Some participating programs charge parents tuition based on a sliding income scale, however NJ After 3 prohibits programs from denying service to any family that cannot afford it.
Public/Private Partnerships Fuel the NJ After 3 Network NJ After 3 receives funding from the state of New Jersey each year (last year the amount of that funding was $14.5 million) and leverages this support to secure additional involvement from a variety of private and public sources. These resources support the entire NJ After 3 network of programs and advance the statewide field of after-school learning through direct grants, technical assistance and training, content and curriculum development, and advocacy.
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More Information
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Contact New Jersey After 3, at 732-246-7984 or visit www.njafter3.org. For parents hunting for an after-school program, NJ After 3’s online directory provides information about more than 2000 public and private after-school programs throughout the state at its Web site.
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Shannon Boehmer is community affairs and public relations manager for NJ After 3; she can be reached at sboehmer@njafter3.org. Jim McGlynn is the director of institutional development and policy; he can be reached at jmcglynn@njafter3.org.
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Adding the International Baccalaureate to the Mix
Why – and how – Shore Regional joined a small group of New Jersey high schools offering the program
By Linda Ensor
Got AP? Why not IB? The college-prep world is dominated by abbreviations: students take the SAT or the ACT as they begin the application process. They can earn college credit by attaining high scores on Advanced Placement (AP) exams or by passing College Level Examination Program (CLEP) tests. Yet many have not heard of the International Baccalaureate (IB) program, which can also enable students to earn college credit.
As parents of high school juniors and seniors know, no single program can provide all students with the best preparation for college, or ensure that their students’ applications will catch the attention of college admissions officers – but after evaluating the rigorous curriculum and required activities created by the International Baccalaureate Organization (IBO), our district came to the conclusion that the IB program comes close.
The IB program was originally developed in 1968 by a group of teachers at the International School of Geneva, Switzerland as a program for internationally mobile students who were university-bound. Since then it has grown. Approximately 2,900 schools worldwide use the program, including 919 in the United States.
The IB program develops the curriculum, assesses students, trains teachers, and evaluates and authorizes schools as “IB World Schools.” While the IBO offers programs for elementary and middle schools (the middle years program actually is designed for ages up to 16), the high school diploma program is the most popular segment of the curriculum. Currently, more than 600 American high schools offer it. Students can also choose to take a few individual IB courses without pursuing the full diploma.
The diploma program is two years long; students take a series of subject classes, as well as a Theory of Knowledge class. Students must also write a 4,000 word essay, and participate in 150 hours of what the organization terms “Creativity, Action and Service (CAS),” which includes sports, extracurricular activities, and community service. In their senior year, diploma students undergo several weeks of oral and written assessments.
Those who pursue the IB diploma program are encouraged to become enthusiastic, active learners who are tolerant of diversity. In fact, emphasis on open-mindedness and compassion is a hallmark of the IB program and sets it apart from other academically based curricula, such as the Advanced Placement program developed by the College Board in the 1950’s. Internationalism is infused into all courses within the IB curriculum (advanced language proficiency is required for the diploma), and students are taught to consider issues from at least two different perspectives.
This broadminded attitude extends to the open admissions policies attributed to the IB program as it is offered in many U. S. high schools, for the international organization does not require that students “test in” to be able to pursue the IB Diploma. Highly motivated students from essentially any academic background can enjoy at least some success within the IB curriculum.
With all that the IB program offers students and schools, remarkably few institutions in the northeast U.S. have applied to become IB World Schools. Even though the greatest growth in the number of schools participating in this program has increased most dramatically in the United States over the past decade, only ten high schools in New Jersey currently offer the IB diploma program (seven schools offer the program at the younger grade levels).
One school district, Cherry Hill, which began offering the IB diploma in 2000 at one of its high schools, has recently phased it out. The district felt that, while there were many students who took a few IB courses, only a handful opted for the full diploma program, and that it was difficult to sustain both the school’s IB diploma program and its AP courses. The district still maintains the IB program in four of its 12 elementary schools and one of its three middle schools.
For the 10 high schools in New Jersey that currently offer the IB, three were approved as IB World Schools just over a year ago, in April 2007. For one of these schools, Shore Regional High School in West Long Branch, the impetus to apply for IB World School status came from a parent advisory group. Concerned about the increasingly competitive nature of college admissions, these parents sought ways in which students might distinguish themselves in the process. After they heard reports from recent Shore graduates about the impressive collegiate records IB diploma students were achieving and the respect paid to them by university administrations, the advisory group recommended that the high school offer the IB option to highly motivated students as soon as possible. The school organized a committee to begin work on the application, and the intensive certification process began.
Before the school could receive approval to offer the IB program, the administration had to certify a high level of commitment to the program. The Board of Education had to commit funds to teacher training, textbook purchases, and organizational memberships: A dozen teachers had to attend training, at an average cost of $1,200-$1,500 per teacher, so that they could learn the IB approach to education; new courses necessitated the acquisition of new textbooks and materials, at a cost of approximately $3,000 per course; and as an IB World School, the high school would be assessed an annual membership fee of about $9,000. Despite the additional costs, the Shore Regional Board of Education recognized the value of the IB program to its student body and actively pursued the application process. More than a year after a parent group asked that the high school pursue IB World School status, a 200 page application was shipped to the IB Organization, and the school moved into a waiting pattern.
In September 2006, a site team representing the international organization visited Shore Regional High School and interviewed members of the various populations within its academic community. The site visit team members ultimately praised the school community for its commitment to high academic standards and promised to recommend the school for “IB World School” status, which was officially conferred on April 12, 2007.
The first cohort of Shore’s IB students entered the program in September 2007 and enrolled in seven IB courses: two languages (for Shore students, English and Spanish), natural sciences, human sciences, mathematics, art, and Theory of Knowledge (a course in basic epistemology). In addition to composing the required 4,000-word essay, and completing 150 hours in CAS, students write an essay on one of ten approved topics for Theory of Knowledge, and sit for exams in each subject – graded by an international panel – in May of their senior year.
Having exams as culminating activities within a program is not new: students enrolled in AP classes also take standardized tests in May. Yet, the depth of the course offerings and the traditional design of the curriculum make the IB diploma program an attractive alternative to the Advanced Placement program at schools such as Shore Regional High School. Students in the IB program have more time to explore and to master challenging academic concepts, since they do not have to complete all coursework within eight months before taking the standardized exams in early May. Instead, at a school’s choice, IB courses can be offered over two years, allowing students to become more comfortable with the material and to experience more opportunities to demonstrate what they have learned through various types of assessments. For example, in the English A1 class at Shore Regional High School, students are required to write two essays on world literature topics and to make two oral presentations before their peers; these assignments are mandated by the IB Organization and are in addition to the work the students must complete for the school’s IB English teacher. Generally, the style of an IB exam is open-ended: the multiple-choice format of many AP tests is not typical of most IB assessments. Many who compare the two programs concur: IB exams allow students to demonstrate what they know, while AP tests force students to reveal what they do not know.
This more supportive approach works well with many different types of students, and for that reason, the IB program at Shore Regional High School includes students who probably would not have considered enrolling in AP-level classes. The IB curriculum includes provisions for individualized accommodations, and the IB-mandated pedagogy includes best practices from schools throughout the world. Thus, many American high schools consider the IB program to be accessible and appropriate for students on different academic levels; they have adopted the attitude that all students, regardless of their academic abilities or backgrounds, can benefit from the type of instruction offered by the IB curriculum. After even just one year, several of the students in the Shore Regional High School IB program have proved this to be true. Among those with the weakest academic backgrounds, the gains have been the greatest; and all have benefited from their work with each other.
The transition from application to implementation was not completely seamless, however. Some of the fourteen students who enrolled in Shore Regional High School’s first IB diploma group found themselves in classes more difficult than they had ever taken, for several of these students had not previously experienced courses taught above the standard, non-honors level. The IB philosophy required the students enrolled in the program to assume much more personal responsibility in the educational process. Although the teachers provided the high levels of support required by the IB program’s rigorous academic standards, the students often found themselves faced with major assignments in several classes due at the same time.
Furthermore, most of the teachers assigned to teach the IB classes were also assigned to AP classes, and as a result, these instructors faced pedagogical and philosophical conflicts. The AP instructional approach demands rapid-fire lessons and incessant drills. As a rule, the AP classes are filled with high-achieving students with strong academic backgrounds, and the instructional pace can be quick. IB classes, on the other hand, can be populated with students of mixed academic abilities and backgrounds. Unfortunately, a few of the teachers in the Shore Regional High School IB program have perceived some of the school’s IB students as less able, and they tended to dismiss them as reasonable candidates for the IB diploma. Also, since the high school had scheduled the IB courses to take two years to complete, the pace of instruction could be slower and more deliberate, leading some of the teachers to compare the IB program to the AP program unfavorably.
At the end of the first year, the initial group of fourteen students scaled itself down to a group of ten. One student graduated a year early and won a scholarship to Tulane University, due in large part to his participation in the IB program. Another decided that she wanted to concentrate more narrowly on the natural sciences and mathematics and not be required to take art and world language classes. The third student did not pass enough IB classes to be eligible to remain in the program, and the fourth decided that the work was simply too hard for her. The ten that remain in the program exemplify a strong commitment to personal excellence, and their willingness to take academic risks should make them strong candidates for admission into competitive colleges, as they personify the “IB Learner Profile”: IB students strive to be inquiring, knowledgeable, thoughtful, communicative, principled, open-minded, caring, balanced, and reflective. These attributes translate the organization’s mission statement into important learning outcomes for 21st century education.
As is the mission of many academic institutions, including Shore Regional High School, the goal of the IB diploma program is to encourage and to support the education of the whole person; the various courses emphasize intellectual, personal, emotional and social growth through all areas of knowledge. As the parents in the advisory group intended, these well-rounded, caring students are strong candidates for admission to most American colleges and universities. Perhaps more importantly, Shore Regional feels that the students who participate in this program will be better prepared after college for careers in a global society.
What began, then, as a program to help students at Shore Regional High School get into more competitive colleges has become an exciting new approach to education not only for the brightest students in the school but also for those who are highly motivated or who might not have been sufficiently challenged by the “regular” classes. The IB diploma program has brought new perspectives on learning and a more expansive worldview to a relatively small, fairly homogeneous high school. The fourteen students who were brave enough to place themselves in untried courses with newly trained teachers have honed their critical thinking skills and their abilities to respond compassionately to people in different regions of the country and of the world. They have entered a path that leads to global understanding and tolerance; they are already winners.
For more information on the International Baccalaureate diploma program, visit the organization’s web site at www.ibo.org.
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New Jersey High Schools Offering the International Baccalaureate Program
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Bergen County Academies, Hackensack
Bernards High School, Bernardsville
Biotechnology High School, Freehold
Hoboken High School, Hoboken
Linden High School, Linden
Newark Academy, Livingston
Shore Regional High School
St. Dominic Academy, Jersey City
West Morris Central High School
West Morris Mendham High School
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Linda Ensor teaches English at Shore Regional High School; she is also the coordinator of the school’s IB program. She can be reached at lensor@shoreregional.org.
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Shades of Green
New Jersey schools are finding that green schools pay dividends beyond the bottom line
By Paul Napoli
School Administrators across America are learning the many benefits of going green, and New Jersey is no exception. Green schools – meaning those built or renovated using the most durable, energy-efficient equipment, systems and materials – are reaping rewards far beyond the bottom line.
Energy is one of the most important issues that we face today. On average, green schools use one-third less energy than conventional schools, thanks to innovative designs, advanced heating, cooling, ventilation and lighting equipment, and integrated systems to keep operations running at peak proficiency.
But green schools don’t simply save energy and money. Learning is also enhanced. “Children’s health is disproportionately affected by indoor pollutants, while light and air quality affects their capacity to learn and succeed,” said S. Richard Fedrizzi, CEO of the U.S. Green Building Council. The recent report, Greening America’s Schools, concluded that green schools can raise academic performance while improving the health, well-being and productivity for all who learn and work within them.
Today, 14 million children – more than a quarter of American students – attend school in buildings considered below standard or dangerous, according to the U.S. General Accounting Office, and almost two-thirds of schools have building features such as air conditioning that need extensive repair or replacements.
The concentration of pollutants indoors is typically higher than outdoors, sometimes by as much as 10 or even 100 times, according to Greening America’s Schools. The health effects are dramatic. Substandard indoor-air systems exacerbate asthma symptoms as well as also contribute to the spread of a variety of respiratory ailments, such as colds and flu. That means more sick days among students, teachers and staff, and lower productivity when they’re in the classroom.
A Green Cure But green schools can help. A Carnegie Mellon review of two recent studies found an estimated 50 percent reduction in cold and flu infections in buildings with advanced ventilation systems and improved thermal control. And 70 percent of districts with green schools reported increased student attendance, according to Greening America’s Schools.
The 41-classroom Carlstadt Public School in Bergen County, which was dedicated in 2007, has achieved LEED Silver Certification via totaling 36 total points in the Green Building Rating System developed by the U.S. Green Building Council. LEED (Leadership in Energy and Environmental Design) provides a comprehensive tool for schools that set out to build green and want measurable results. The program encourages project teams to use an integrated design approach from start to finish. Eight out of the 36 points at the Carlstadt School were achieved in the area of Indoor Environmental Quality, confirming that the school has been built to high performance classroom standards incorporating improved temperature and humidity control for better indoor air quality. This translates to fewer sick days. The Carlstadt school district has also realized a 30% reduction in water and energy consumption for its efforts.
This environmental leadership has inspired the teachers and students, as well. Carlstadt students have a unique sense of pride that they are attending school in an environmentally sustainable building. The hope is that maximizing energy efficiency and seeking out renewable energy sources will become second nature to those students as they grow into adulthood.
Paying for Itself While the average school in America was built more than 40 years ago, upgrading now to green technology makes better financial sense in the long run. While green schools initially cost about $3 more per square foot to build, the total financial benefits are 20 times greater than the initial investment, according to the U.S. Green Building Council’s report.
Reduced operational costs are a major reason and the potential savings is profound. If all construction and school renovations in America went “green” starting today, the energy savings alone would total $20 billion over the next 10 years. And, as electric rates increase, the financial case for taking energy conservation measures becomes easier to justify due to a shortened payback period. Meanwhile, the larger the building and the larger the utility bill, the bigger payoff you get from high efficient equipment.
All new schools in the Vineland School District are using geothermal renewable energy systems. The geothermal system drastically lowers the schools’ dependence on fossil fuel by using the constant temperature of the earth at a moderate 53 degrees Fahrenheit throughout the year as the primary source of energy for heating, cooling, and domestic pre-heating hot water production. “The geothermal system is the most energy efficient and environmentally acceptable of all the systems we analyzed,” says Mike Fischette, P.E. and corporate principal at Concord Engineering Group. “It has a life cycle cost that is more than two and a half million dollars less than a four pipe boiler/chiller system.”
Easy and Flexible Comfort In order to keep teachers and students focused, classrooms need to be kept at a moderate temperature. There are many elements that can change the temperature in a room. The number of people in the room, time of day, and amount of sunlight, are just a few examples. As these conditions change throughout the day, the more responsive system will keep the room at an acceptable level. Digital control systems are a very effective tool for managing these hourly changes in the classroom environment and minimizing energy consumption
A simple solution, such as wireless temperature sensors, can significantly lower energy consumption. Some of the school districts in New Jersey which have implemented wireless technology include Millstone, Eatontown, Verona, Perth Amboy, and Clinton. By placing the sensor in a location that is in close proximity to where the students actually sit, versus the typical wired scenario which is usually near the door because of standard wiring schemes and installation procedures, the wireless sensors provide improved comfort and indoor air quality conditions. In terms of the overall environment, wireless sensors use fewer construction materials like conduit, wire, and connectors, because they eliminate the physical connection between the building automation controller and the sensing device. These wireless zone sensors also use less electrical power due to the fact that they use standard AA lithium batteries that last for a minimum of 5 years. For example, the Clinton Middle School, in Clinton, N.J., has more than 110 wireless zone sensors throughout the building. If, in years to come, there are changes in curriculum and classroom space usage, the sensors can simply be picked up and moved to a more suitable location within the classroom. It is an extremely flexible solution.
Green design is good design. It is the right thing to do for the environment, the teachers, the students, and the taxpayers. It is not just about saving energy and money. It is about making schools healthier and improving the learning environment so that students are better prepared for the future.
For more information, visit the USGBC website dedicated to green schools: www.buildgreenschools.org.
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Going Green
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Here are tips for school board members and administrators interested in going green:
- Generate top-management support by adopting an environmental policy statement for your school. The statement can define both short- and long-term goals for achieving an environmentally friendly and sustainable building.
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Appoint someone who will “champion” the green school program. This person should be committed to helping “green” your school and be able to communicate that vision to everyone involved with the school.
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Start a “green team” of staff and students interested in identifying and brainstorming environmental-improvement ideas.
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Conduct a facility evaluation to assess current environmental conditions and identify areas for improvement. Look for areas where inadequate facilities impact student achievement.
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Use life cycle modeling software to analyze all of the key systems from a whole-building approach, rather than looking at each separate disparate technology as an independent part of the school’s infrastructure.
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Look at what has been done at other schools that have gone green and incorporate their best practices in your facilities.
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Create incentives, rewards or recognition for staff and students who take leadership roles in your school’s greening efforts.
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Track and report your progress. Examine the resources your school uses and what could be improved. Calculate and quantify the savings potential of your environmental efforts.
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Make your efforts long lasting by incorporating environmental improvement into core operations and curriculum.
—P.N.
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Paul Napoli is Trane’s education market leader, based in Parsippany, New Jersey. He focuses his work on K-12 school districts. He can be reached at pnapoli@trane.com.
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The Other Side of the Report Card
Schools that address the proper social, emotional and character development of students see academic and social gains.
By Maurice Elias
Research, observation, experience, and common sense all converge to suggest strongly that student success–including academic success–depends a great deal on the “other side of the report card.” That’s the informal term for the skills that elementary schools assess on report cards, the “gets along with others” type of skills. Those skills aren’t graded in secondary schools, but they are no less important.
Students who are actively engaged in class and come prepared, who cooperate with their peers, who resolve conflicts peacefully, who complete their work, who attend school often and are not tardy, and who demonstrate initiative and leadership are more likely to succeed in school, and ultimately in life.
Smart school leaders know that the interpersonal life of schools – in classrooms, hallways, recess periods, lunchrooms, buses, study halls, school athletic and non-athletic teams, clubs and performance groups, and formal and informal gatherings of students, staff, and parents – rests on the character of the people involved. In recent years, these skills of sound character and citizenship have been termed “Emotional Intelligence” or social and emotional learning (SEL) or, as we now refer to them in New Jersey, social-emotional and character development (SECD).
Many schools already engage in a variety of SECD-related programs, including character education, bullying and violence prevention, substance abuse prevention, and SEL curriculum programs such as Social Decision Making/Social Problem Solving, Responsive Classroom, Second Step, Open Circle, Quest, or Resolving Conflicts Creatively. The Collaborative for Academic, Social, and Emotional Learning (www.casel.org) has gathered extensive data on these and related programs.
But most efforts in school districts are not coordinated. We have numerous programs in our schools that are arrayed like jumbled jigsaw puzzle pieces. Each piece is nicely crafted, and may well be evidence-based, but only if they fit together properly with one another will they combine to present a discernible picture. Lack of coordination has two major results. First, the whole is less than the sum of its parts. Second, students’ emotional, behavioral, and attitudinal skills are not affected to the point where they can direct sufficient energy to academic learning to make real progress. Therefore, schools also do not benefit in proportion to their effort and expenditures in either SECD programs or in academics.
Developing Safe and Civil Schools in New Jersey Developing Safe and Civil Schools (DSACS) is an initiative that has been created by the New Jersey Department of Education and Rutgers University’s Center for Applied Psychology and Social-Emotional Learning Lab. Its aim is to bring coordinated social-emotional and character development to every school in the state.\
Under the DSACS initiative, schools are eligible to receive, at no cost, training and support for school teams in how to coordinate existing efforts in character development, positive behavior, health promotion and at-risk behavior prevention.
An essential part of DSACS is an anonymous survey of school climate as perceived by staff and students, given once per year. Schools receive feedback to identify areas of strength and those needing improvement. Assistance is given in creating a safe, civil climate that is conducive to learning. Efficiency and effectiveness of SECD efforts are coordinated to strengthen the skills that students’ need for academic success
Other DSACS components include consultation with school-based SECD teams, regional workshops for teachers to improve classroom climate and foster engaging teaching methods, and linkage with professional development requirements for most New Jersey education-related associations, which advise the DSACS project. Further, the DSACS initiative is aligned with and can assist districts in meeting the requirements of N.J.A.C. 6A-16-7 (the regulations for the Code of Student Conduct), NJQSAC, and those of the HIB (Harassment, Intimidation and Bullying) and Safe and Drug Free schools initiatives.
As DSACS staff have worked around the state, we have helped schools identify existing SECD programs that are redundant or are disconnected from each other. For instance, similar topics are being covered and addressed in different programs without any acknowledgement that there was a prior discussion about the topic or the same key skills, such as problem solving, are taught in many different ways. Such fragmentation can cause confusion for students, but once identified, is easily remedied.
When districts have coherent, effective programs in social, emotion and character development, students entering schools in New Jersey will feel they have a positive purpose in being there. They will feel engaged, attached, and connected and see the schools as a place they can learn and do things to contribute to the world around them, advance their sense of purpose, and become more literate in academic, media, artistic, and civic areas. This will be accomplished in part because the students will experience coordinated and continuous efforts to build their social-emotional skills, positive character, service-learning contributions, and health, and to prevent substance abuse and violent or bullying behavior in a safe, civil, caring, supportive, and ethical environment.
For more information on the Developing Safe and Civil Schools project, visit the following Web site: www.teachSECD.com.
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Goals of the Developing
Safe and Civil Schools Program
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The goal of Developing Safe and Civil Schools (DSACS) is to bring coordinated social-emotional and character development to every school in the state. Coordination adds value to schools in the following ways:
1. Builds students’ skills for success by:
- developing academic, career and relationship skills; and
- establishing caring communities of learners, where there are strong connections to staff, peers and to the school as a valued place to belong.
2. Develops students’ character by:
- fostering good citizenship;
- developing purpose and sense of optimism about the future;
- teaching how to make sound choices;
- increasing the likelihood of students’ making realistic “means-ends” connections; and
- developing skills and values for service learning in and out of school.
3. Prevents student problem behaviors by:
- developing safe environments free from bullying, intimidation, harassment and victimization;
- improving self-management competencies to deal with frustrations, conflicts, and problems; and
- reducing the likelihood of problem behaviors such as violence, bullying, substance abuse, truancy, school dropout, depression, apathy and disaffection.
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Maurice J. Elias, Ph.D. is a professor in the department of psychology at Rutgers University, project director of Developing Safe and Civil Schools, and director of the Rutgers Social-Emotional Learning Lab. He can be reached at admin@teachSECD.com.
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SPECIAL SECTION:
SCHOOL LAW
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Litigation Evasion
The best way to deal with lawsuits is to prevent them. Some practical tips for avoiding liability in your school district.
By Brenda C. Liss, ESQ.
Life isn’t simple. Governing and administering public schools isn’t easy. There are volumes full of statutes, rules and regulations concerning school law, new rules are added all the time and lawsuits are filed at the drop of a hat. It’s hard to know how to meet all of a board of education’s obligations, do the right thing and avoid potential liability.
But a few practical tips can go a long way. The tips presented here are not “Everything You Need to Know about Public Education Law.” They aren’t intended to oversimplify, to suggest that the law is black and white or that every situation can be addressed by referring to a handy guide. They are offered as a few practical lessons learned from experience and judicial decisions in cases where the action, or inaction, of well-intentioned public school officials has been challenged. And, come to think of it, these tips may be just as useful outside of school, as a few basic rules for life.
Know Where Your Children Are Not only at ten o’clock, but after school as well.
About a year ago the New Jersey Supreme Court made clear what we already knew – that boards of education may be liable for reasonably foreseeable injuries to their students. The court also made it clear that this rule applies not only during the school day, but after students are dismissed, too, if their injuries are reasonably foreseeable results of the actions of school officials. The Court ruled, in Jenkins v. Anderson, that boards may be liable for injuries that occur after school if the district does not have, or does not communicate to parents, dismissal procedures with provisions for what to do if parents don’t show up at the end of the day. A corollary rule here could be ‘have a procedure in place and enforce it,’ but the more basic lesson is that responsibility, and potential liability, does not end at the dismissal bell. Teachers and administrators don’t need to know exactly where every student is going at 3 pm, but at least for elementary students, they need to know that every student is going somewhere with a responsible adult unless their parents have advised in writing that they are permitted to leave by themselves. The same rule applies, even more strongly, during the school day.
Use Common Sense, and Speak Up A few years earlier, the N.J. Supreme Court made clear another self-evident rule, that schools officials’ most basic obligation to students is not to teach them, but to protect them from harm. The board of education in Frugis v. Bracigliano was found liable for injuries to children caused by a principal’s sexual abuse. Unfortunately, the most distressing part of the story was that for years, school staff, administrators and board members had ignored telltale signs of inappropriate conduct. The rule here could be ‘never let a principal cover the windows in his (or her) office door,’ but again, the case teaches a more basic lesson: if something seems amiss or if common sense tells you something is wrong, do not ignore it. Speak up. Don’t assume someone else will. Don’t believe someone in authority can do no wrong. Adults serving in the district need to know that if their instincts tell them someone, especially children, may be in danger, they must tell someone. If there is evidence of child abuse, they must report it to appropriate authorities.
Focus on the Big Picture In L.W. v. Toms River Board of Education, the Court made clear that the duty to keep students safe includes taking steps to keep them free from harassment on the basis of any characteristic protected by the Law Against Discrimination. In so ruling, it established a rule that may now seem obvious, but wasn’t so clear at the time to school administrators and lawyers: students are entitled to protection from harassment in school to the same extent that the law extends such protection to employees in the workplace. It also established that whether harassment has occurred must be considered from the point of view of the victim: if a reasonable student in the victim’s position would believe he is being subjected to conduct so severe or pervasive that the school environment has become hostile, then the board, through its administrators, has a duty to take effective corrective action. The rule here is that appropriate discipline should reflect the impact on the victim as well as the circumstances of the perpetrator, especially where a student has been subjected to harassment by many different classmates, each of whom may have misbehaved only once. More broadly, the lesson is that every incident may be a sign of more pervasive problems. Look at the forest, not just the trees. Focus on the big picture – and take reasonable steps to protect all students and foster learning – rather than on each individual case.
Don’t Overreact.This tip may seem contrary to the previous one – but, as we told you, the law is not black and white. Even as you focus on the big picture, don’t jump to conclusions or overreact. In Sypniewski v. Warren Hills Reg. H.S. Dist. Board of Education, a student was suspended for violating a policy prohibiting items of clothing “depicting or implying racial hatred or prejudice.” When the student filed suit challenging the suspension, the court acknowledged the board’s good intentions – to address perceived racial tension in the district – but looked closely at whether the student had a First Amendment right to wear the t-shirt at issue, which said, “You Might Be a Redneck If …” and listed ten characteristics of rednecks. The Court found that the evidence on which the board relied did not support the conclusion that the t-shirt was likely to contribute to racial tension or cause material, substantial disruption of the educational program (the standard for deciding First Amendment cases). It ruled, in essence, that the board had overreacted. The lesson here is that even when you believe your action is justified, be sure the facts support your conclusion. Don’t go overboard. Don’t act in haste or based on assumptions that aren’t borne out by the evidence. Good intentions aren’t enough.
Be Consistent It didn’t help, in the Sypniewski case, that another student had been permitted to wear the same t-shirt without receiving any discipline. This weakened the board’s case, and strengthened the argument that the board’s fear of disruption or increased racial tension was unsupported. Rules should be enforced consistently, so that every action can be defended against claims of arbitrariness, unfairness and discrimination.
Be sure you can articulate a reason. Boards have wide discretion in their enforcement of academic and disciplinary policies and decisions regarding hiring and firing of employees (other than in tenure cases, where discretion is limited). Still, don’t be too relaxed. Even in areas where boards are permitted to act for any reason or no reason, such as nonrenewal of nontenured employees, they may not act in violation of statutory or constitutional rights. In the event of a claim of such violation, the board will need to identify a legitimate non-discriminatory reason for its action. In areas of curriculum and instruction, it will need to identify a legitimate pedagogical reason. Because such claims may arise when you least expect them, it’s good to anticipate the possibility in every case. Ask yourself the reason for every decision you make. If you can’t articulate a legitimate reason, the board could be at risk.
A Few Final Tips Don’t go it alone. As a board member, don’t try to think like the board lawyer, even if you are an attorney. Especially if a decision may be questionable, discuss it with others, preferably board counsel. Notwithstanding recent state regulations that seem to limit consultation with counsel, a call to the board attorney could save a lot of trouble and expense. Just make sure you follow the proper procedures for contacting your board’s attorney.
Remember: Better safe than sorry. That’s a good rule, not only for avoiding liability in your school district, but for life.
Brenda C. Liss, Esq., practices in the school law group, at Riker Danzig Scherer Hyland, LLP. She teaches education law at Rutgers School of Public Affairs and Administration and has taught at Rutgers School of Law. She can be reached at bliss@riker.com.
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| Can Board Members Be Sued?
Yes, but relax – a member’s legal expenses will usually be covered. Here’s a primer on indemnification.
By Susan S. Hodges, Esq.
After much deliberation, you decided to run for public office. You got elected, started making decisions, and then wham, you got hit with a lawsuit because someone disagreed with those decisions.
For many school board members, this unfortunate surprise prompts the understandable reaction: “Hey, this isn’t what I signed up for!” As any lawyer will tell you, you can always be sued, but that doesn’t mean the other side will win. For school board members, the good news is that it’s likely you won’t have to foot the legal bill either.
When discharging your duties as a school board member, you will be called upon to make critical decisions that affect a great number of people - students, employees and members of the public. While the law does not protect you from potentially having to defend your decisions against civil, criminal, or quasi-criminal complaints, you will likely have a right to be reimbursed for expenses incurred in defending such matters. N.J.S.A. 18A: 12-20 provides:
Whenever a civil, administrative, criminal or quasi-criminal action or other legal proceeding has been or shall be brought against any person for any act or omission arising out of and in the course of the performance of his duties as a member of a board of education, and in the case of a criminal or quasi-criminal action such action results in final disposition in favor of such person, the board of education shall defray all costs of defending such action, including reasonable counsel fees and expenses, together with costs of appeal, if any, and shall save harmless and protect such person from any financial loss resulting therefrom. Indemnification for exemplary or punitive damages shall not be mandated and shall be governed by the standards and procedures set forth in N.J.S. 59:10-4. Any board of education may arrange for and maintain appropriate insurance to cover all such damages, losses and expenses.
What does this mean? Simply put, as a board member, you enjoy a right of indemnification from your school board whenever you are forced to defend actions or decisions arising out of and in the course of the performance of your duties.
You should remember that the extent of a school board member’s duties may be limited by statute, by the rules and regulations of the board itself and of those who supervise its activities, or by resolutions of the board authorizing specific action to be taken. New Jersey courts have maintained that the indemnification statute (N.J.S.A. 18A: 12-20) should be liberally construed in the civil context, so as not to inhibit a board member from freely expressing themselves and acting for the public good without fear of economic loss.
Outside the Board Room However, board members are not entitled to those protections when they are sued for conduct which falls outside their clearly delineated duties. In a 2005 decision, for instance, a board member sought reimbursement for costs associated with defending against a private individual’s charge that he obtained and disseminated to other members of the board police reports and information concerning the individual in direct violation of a specific board policy. The Commissioner of Education refused to award indemnification under the statute because the board member’s alleged conduct in the civil suit neither arose out of the performance of his board duties nor occurred in the course of performing those duties.
In addition, a board member is not entitled to indemnification for costs associated with defending a civil lawsuit even if the challenged conduct does not expressly contravene his prescribed duties where it did not arise out of or in the course of the performance of his duties. For example, in 2001, the Commissioner of Education denied a board member’s request for indemnification despite the member’s having successfully defended a civil claim made against him for slander. According to the Commissioner, the board member was not entitled to indemnification, despite his success in the underlying action, because his uttering of knowingly false statements about a private citizen to three other private citizens was a personal, political activity, and as such, the resultant suit was personal unto him.
Where, however, the challenged conduct of a board member arises out of the course of the performance of the board members duties, New Jersey courts and the indemnification statute allow for indemnification of legal expenses even when the board member is not successful. In a 1998 case, a school board filed suit seeking to prevent a board member from attending a series of closed-door board meetings. Although the board prevailed, the court held that the outcome of that action was irrelevant because the statute protects both successful and unsuccessful litigants in civil matters. According to the Court, the board member was entitled to indemnification under the statute because the board’s action against her arose out of and in the course of her duties as a member of the Board, in that it sought to prevent her from fulfilling her duty as a board member to attend all board meetings. So in some cases, even if you lose your case, the board may still be responsible for your legal costs.
In the criminal or quasi-criminal context, the statute imposes additional limitations on the indemnification of board members. First, even where the conduct underlying a criminal or quasi-criminal claim against a board member arose out of and in the course of the performance of the individual’s duties, the school board is not obligated to indemnify the board member unless he has received a final disposition of the matter in his favor. As such, in criminal cases you have to be exonerated in order to be entitled to indemnification. While courts tend to construe the statute broadly in civil matters, they do not do so in criminal matters. Instead, the Courts have specified that in the criminal context arising out of means “resulting from a risk reasonably incidental thereto” and in the course of means “occur[ring] within its period at a place where the employee may properly be and while he is fulfilling the duties of his employment or doing something incidental to it.” Applying that analysis, a board member’s request for indemnification was denied despite his successful defense against a claim of extortion. Where the alleged criminal conduct fell outside the board member’s prescribed duties and is unlawful and beyond the proper good faith performance of his public functions, indemnification will not be available.
The law is well settled that school board members have a right to reimbursement for all costs from your school board whenever you are forced to defend actions or decisions that were a proper exercise of your duties as a school board member. Although this right is more limited in the criminal or quasi-criminal context, school board members should feel confident that when acting in good faith and according to their duties as a member of a school board, they will be protected not only legally but financially as well.
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Sample Policy
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BOARD MEMBER INDEMNIFICATION
The Board of Education will indemnify Board members in accordance with law whenever a civil, administrative, or criminal or quasi-criminal action or other legal proceeding is brought against a Board member for any act or omission arising out of and in the course of the performance of his/her duties as Board member. In the case of a criminal or quasi-criminal or action which results in a final disposition in favor of the Board member, the Board will defray all costs of defending the action, including reasonable counsel fees and expenses, together with costs of appeal, and will save harmless and protect the Board member from any financial loss resulting from the action. Indemnification for exemplary or punitive damages is not required and will be governed by the standards and procedures set forth in N.J.S.A. 59:10-4.
The Board may arrange for and maintain appropriate insurances to cover all such damages, losses and expenses.
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Susan S. Hodges is a partner with the firm of Archer & Greiner in Haddonfield. She can be reached at shodges@archerlaw.com.
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| Watch What You Say, Part II *
Guidelines on communicating with school district employees – and free speech limits
By Carl Tanksley, Jr., Esq.
Teachers, administrators and other school staff are employees of the district. Because the school board is charged with overseeing the school district, you might think that a board member is well within that oversight authority if the board member should decide to speak directly to a district employee to offer some helpful suggestions, much-needed criticism or support.
Not so fast. Many board members are surprised to find that both the School Ethics Act and the Code of Ethics for School Board Members strictly limit how and when they speak to district employees. Violations of either statute can result in embarrassment, sanctions, and even removal from the board. Below are examples of cases dealing with this topic.
Taking Private Action While emotions can run high during certain discussions of contentious issues, school board members must always maintain an appropriate sense of decorum because the failure to do so could lead to sanctions. One case, In the Matter of Grimsley, arose from an incident that occurred in 2004. During a public meeting, the school board voted to award the superintendent a salary increase. As the meeting concluded, Grimsley, a board member, confronted the superintendent in the parking lot. At some point in a heated conversation, Grimsley, who had opposed the raise, had to be physically restrained by other board members. Defining private action as action taken by a board member that is beyond the scope of the duties and responsibilities of a board member, the School Ethics Commission (SEC) determined in 2007 that because the matter of the superintendent’s raise had been resolved by the public vote, it was inappropriate for Grimsley to unilaterally engage in further discussion with the superintendent about her contract. The SEC found that such private action had the ability to compromise the board and may have contributed to the superintendent’s subsequent departure from the district. The SEC recommended censure, noting that Grimsley’s resignation from the board prevented the SEC from recommending suspension or removal. The Grimsley decision teaches that board members only have authority when sitting as a board and that private discussions have the potential to compromise the board.
Administering the District The SEC found, in 2005’s In the Matter of Delbury, Sussex Wantage Regional Bd. of Ed., that a board member administered the schools in violation of the Code when he approached certain district administrators and sought to review personnel information without having submitted a request through the superintendent. Here, the SEC found that the board member stopped by a supervisor’s office every Friday for several weeks asking for information. When the supervisor failed to provide the information, the board member demanded to know why the supervisor could not disclose the information. The SEC held that the board member, by giving a direct order to school personnel, administered the schools in violation of the Code. This decision shows the importance of relaying requests for information through the superintendent and shows that board member directives to district employees have the potential to violate the SEA or Code.
Unwarranted Benefits In the Matter of Kanaby, Hillsborough Bd. of Ed., in 2005, the SEC determined that a board member attempted to secure an unwarranted benefit for his wife, who was employed as a teacher in the district. Here, the wife requested a leave of absence, and called out sick for the same days. Hours before the superintendent was to meet with the wife to discuss the contradictory leave requests, Kanaby sent a highly critical e-mail to the superintendent and attempted to influence the superintendent in the supervision of his wife. While the board member argued that the matter had already been resolved when he sent the e-mail, the SEC found a violation nonetheless. Here, the Commission noted that an administrator should never feel that she is being intimidated into taking certain actions.
Failure of Administrative Solution In 2003, the Commissioner of Education agreed with the SEC’s recommendation In the Matter of Juan Santiago, to reprimand a board member who wrote a letter to the superintendent requesting the demotion of an assistant superintendent and copied the assistant superintendent’s subordinates. The assistant superintendent in this matter allowed a local mayoral candidate to use a student awards ceremony as a political platform without superintendent or board knowledge. The SEC determined that in writing the letter, Santiago properly referred his complaint to the superintendent as required under the Code. However, in copying the letter to the principals under the assistant superintendent’s supervision, Santiago violated the Code provision that precludes taking action until after the failure of an administrative solution. Santiago demonstrates that board members must allow time for an administrative solution before taking further action.
Can a Board Limit District Employee’s Freedom of Speech? Clearly, individual board members must tread carefully when speaking to district employees, lest they violate the SEA or Code. But what are a school board’s responsibilities when employees engage in questionable or inappropriate public speech? In other words, can the board limit an employee’s ability to speak on district issues? As the following cases demonstrate, when the board takes formal action against an employee for speaking out, the needs of the district must be balanced against the employee’s Constitutional right to speak freely.
Pickering v. Board of Education is a long standing precedential decision from the United States Supreme Court that dates back to 1968. Pickering was a teacher who claimed that he was dismissed from his teaching position because he wrote a letter to the local newspaper criticizing the board and superintendent for the manner in which they sought and allocated school revenues between athletic and educational programs. In response, the board conducted a hearing and dismissed Pickering, alleging that he violated a duty of loyalty to support his superiors in attaining the generally accepted goals of education. The Supreme Court held:
[t]he question whether a school system requires additional funds is a matter of legitimate public concern on which the judgment of the school administration, including the School Board, cannot, in a society that leaves such questions to popular vote, be taken as conclusive. On such a question free and open debate is vital to informed decision-making by the electorate. Teachers are, as a class, the members of a community most likely to have informed and definite opinions as to how funds allotted to the operation of the schools should be spent. Accordingly, it is essential that they be able to speak out freely on such questions without fear of retaliatory dismissal.
In reaching its holding, the Court noted that “[t]he problem in any case is to arrive at a balance between the interests of the [employee] as citizen, in commenting upon matters of public concern and the interests of the state, as an employer, in promoting the efficiency of the public services it performs through its employees.” In reaching that balance, the Court concluded that in the absence of statements that were knowingly false, the board inappropriately dismissed Pickering from his teaching position. Therefore, before disciplining an employee for speaking publicly on a school-related issue, the board must balance the employee’s right to speak against the district’s ability to perform public duties efficiently.
In a 2002 decision, Johnson v Yurick, the Third Circuit clarified a public employee’s duties when speaking on matters of public concern. Johnson, as first assistant prosecutor, was second in command to the county prosecutor. After the prosecutor established a rigid plea bargaining policy, Johnson, who disagreed with the new policy, took the initiative to speak to the chief county judge about the policy’s impact on backlogged cases and proposed changes to the policy. When the prosecutor learned of Johnson’s meeting and proposals he terminated Johnson. In the ensuing litigation, relying on Pickering, Johnson claimed a violation of his First Amendment right to speak on matters of public concern. The 3rd Circuit, however, disagreed and found that Johnson was speaking as a public employee when he spoke with the judge and as such, had a duty to follow and implement the policy directives set by the prosecutor. The Court distinguished Pickering by noting that when Pickering sent the letter to the local newspaper, he was acting as a private citizen, albeit one with specialized knowledge. Johnson, on the other hand, was acting in his official capacity in meeting with the judge and lacked permission or authority to propose policy changes. Indeed, the court noted:
[w]e are most doubtful that the Constitution ever protects the right of a public employee in a policymaking position to criticize her employer’s policies or programs simply because she does not share her employer’s legislative or administrative vision. This is because high-level officials must be permitted to accomplish their organizational objectives through key deputies who are loyal, cooperative, willing to carry out their superiors’ policies, and perceived by the public as sharing their superiors’ aims.
Johnson stands for the proposition that while board employees may maintain the right to freedom of speech, employees in policymaking positions have a duty, when speaking publicly, to carry out the policy decisions of their superiors.
Keeping the above principles in mind, individual board members and boards as a whole should be able to appropriately address individual actions by board members and respond to public comments by district employees. Board members should always refrain from taking individual action without prior board approval. Similarly, when acting as a board, it is important to remember that employees, when speaking as private citizens, can and should speak out about district operations; conversely, when speaking as representatives of the board, employees have an obligation to support the policy decisions of the board.
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Sample Policy
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BOARD MEMBERS ROLE WITH SCHOOL EMPLOYEES,
STUDENTS AND SCHOOL VISITS
It is important that the board member remember that he or she has no authority as a board member except when the board is in session. In visiting schools, board members are reminded that unannounced or uninvited visits to the schools could be viewed by building administrators as attempts to supervise the operation of the school, to evaluate the performance of the staff, or to impose his or her ideas on the operation of the school. The board member does not have the authority to perform any of those tasks except as a part of the entire board when the board is in session.
In the event that a member of the faculty, staff, or administration perceives a school board member to be interfering with the operation of the schools contrary to this directive, they are directed to immediately notify their principal or the Superintendent of Schools. After gathering the facts of the situation, the Superintendent of Schools is directed to report any violation to the Board’s attorney and Board President. The Board President shall then discuss the matter with the involved member. If the Board President is the involved member, the Board’s attorney is directed to report the violation to the full board in Executive Session.
Actions taken on violations may include: public or executive session discussion (the choice for a public airing is at the discretion of the involved member) and/or public censure and/or; charges being filed with the New Jersey Department of Education; Ethics Commission section.
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Carl Tanksley, Jr., Esq., is an attorney in NJSBA’s Legal and Policy Services department. He can be reached at ctanksley@njsba.org.
*EDITOR’S NOTE: Part I of this series, which discussed communicating with the public, appeared in the September/October issue of School Leader.
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