SCHOOL BUSINESS AF FAIRS -...

S CHOOL BUS INESS AF FAIRSsbaJune 2009 | Volume 75, Number 6 Association of School Business Officials International®

Taking Control: Risk ManagementA Fresh Perspective on School Safety Audits

Managing Risk in Today's Schools

Keeping Students Safe: The Monolithic Dome

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table of contents | JUNE 2009

TAKING CONTROL: RISK MANAGEMENT 8 Getting a Fresh Perspective on

School Safety AuditsBy Kenneth H. Folks, Ph.D., and Marilyn A. Hirth, Ed.D.

12 Today’s School Risk ManagerBy Cheryl P. Johnson, ARM, and Steve Levering, CSRM, CTSBO

14 Keeping Students Safe:Introducing the Monolithic Dome By Carol Lanham

18 Stepping Up to the Plate: Ensuring a Quality Learning EnvironmentBy Jim Froemming

21 The Art of Labor Relations: Knowing Your Best MoveBy Dixie M. Pope, Ed.D.

23 Portable Classrooms: ImmediateSolutions to a “Growing” ProblemBy Judith Patterson, Ed.D., Mary Chandler, Ed.D.,Binbin Jiang, Ed.D., and T. C. Chan, Ed.D.

26 Taking Stock and Standing DownBy Tom Peeler, CPPB

29 Showcasing Unsung Heroes: Positive PR/Positive RelationshipsBy Robert Ruder, Ed.D.

31 Educating Immigrant Students in Urban DistrictsBy Shurki Nur and Richard C. Hunter, Ed.D.

DEPARTMENTS4 PRESIDENT’S MESSAGE

6 PUBLISHER’S MESSAGE

7 EXECUTIVE DIRECTOR’S MESSAGE

34 LEGAL AND LEGISLATIVE ISSUESCompensatory Services and Students with DisabilitiesBy Allan G. Osborne, Jr., Ed.D., andCharles J. Russo, J.D., Ed.D.

38 LOOKING BACK, LOOKING FORWARDSurface Issues

39 CORPORATE CORNER

40 SPOTLIGHT ON DAVE JANAK

10 AD INDEX8

18

31

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There are so many

ways to lend a

helping hand

and support

our colleagues.

president’s message

Give a Little BitBy Angela D. Peterman, RSBS


Tis the season for affiliate annual meet-ings and it’s been my privilege toattend a number of them. Mostrecently I participate in the Michigan

School Business Officials meeting in Detroit.This was my first trip to Detroit and my firstopportunity to attend the MSBO meeting.What a treat, on both counts.

The “Motor City,” also known as the“Home of Motown,” is a remarkable place.The area faces significant economic issues inlight of its historic dependence on the auto-mobile industry and the downturn in thatindustry. This downturn isn’t new to thestate, but is certainly magnified many timesover under current economic conditions.Businesses are closing, people are fleeing, andschool districts are facing extraordinarydeclines in student population. And yet,hope sprang eternal with attendees of thisannual conference.

In spite of the economic difficulties, atten-dance was outstanding. In many instances,the attendees paid their own expenses or aportion of those expenses. When I askedmany people about their decision to paysome or all of the conference expenses, theyrepeatedly told me that this is a critical timefor us to join with our peers and share expe-riences, resources, and insights. They simplyweren’t willing to give up the opportunity todo just that.

Networking discussions focused on whatparticipants could do to address the difficul-ties facing their districts, how they could sharetheir past and present experiences, and howthey could support each other and MSBO.During times of significant stress and up -heaval, it’s amazing how a slight smile, headnod, or pat on the back can help us through.

MSBO’s theme this year was “Give a LittleBit” (based, I suspect, on the Supertramp hit

by the same name). As I reflect upon thisand other conferences I’ve attended recently,I am even more convinced that it is our shar-ing and caring that sees us through such dif-ficult times. There are so many ways to lenda helping hand and support our colleagues. Iwant to challenge each one of us to “Give aLittle Bit” more.

These are extraordinary times and you areeach extraordinary individuals. We nowhave an opportunity to re-invent or “re-imagine” public education for the future, asMichael Flannery, Michigan superintendentof public instruction suggested. As a part ofthe re-imaging, we can each offer a small bitof our time to support our peers and the sig-nificant work we do every day.

It really doesn’t need to be a big commit-ment. Pick up the phone and call the newSBO in the district next door. Maybe youknow a new food service director or supportperson in the business office who is just get-ting started in school business. A quickemail to a colleague across the country canbring a smile and sense of wellbeing on anotherwise dismal day.

We are all terribly busy in our daily livesand careers. It sometimes feels like we’re theonly ant in the line trying to roll that boulderup the mountain, but we’re not. I’ve foundthat what I give in the way of support to oth-ers, I get back 10 times over. The membersof this association are some of the kindest,most caring people it’s been my privilege towork with.

President, ASBO InternationalExecutive Director, Oregon Associationof School Business Officials

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publisher’s message

School Business Af fairsJune 2009 | Volume 75, Number 6

SCHOOL BUSINESS AFFAIRS (ISSN 0036-651X) is the professional journal of the Association of

School Business Officials International and is published monthlyby the association. Periodical postage paid at Herndon, Virginia,

and additional mailing of fic es.

Postmaster: Send address corrections to School Business Affairs,11401 North Shore Drive, Reston, VA 20190-4200; 703/478-0405.

2009 BOARD OF DIRECTORSPRESIDENT — Angela D. Peterman, RSBS

IMMEDIATE PAST PRESIDENT — Jerome E. Brendel, RSBAVICE PRESIDENT — Erin K. Green, MBA, RSBA

EXECUTIVE DIRECTOR — John D. Musso, CAE, RSBA

DIRECTORSEdward Emond, RSBA

Charles E. Linderman, RSBAPaul M. Bobek, CPABrian L. Mee, RSBA

Shirley A. Broz, CPA, RSBARon McCulley, CPPB, RSBO

PUBLICATIONS POLICYThe materials published in each issue represent the ideas, beliefs,

or opinions of those who write them and are not necessarily theviews or policies of the Association of School Business Officials

International. Material that appears in School Business Affairs maynot be reproduced in any manner without written permission.

2009 EDITORIAL ADVISORY COMMITTEECHAIR — Charles J. Russo, J.D, Ed.D.

BOARD LIAISON — Erin K. Green, MBA, RSBAStephen B. Lawton, Ph.D.

Richard Hunter, Ed.D.Marilyn A. Hirth, Ed.D.

Joy E. CoulbeckGail M. ZemanEllen Skoviera

EDITORIAL STAFFDIRECTOR — Siobhán McMahon

EDITOR — Patricia GeorgePUBLICATIONS COORDINATOR — Lauren A. Konopka

DESIGN — Laura Carter and Jim DodsonCarter Publishing Studio

www.carterpublishingstudio.com

EDITORIAL OFFICES11401 North Shore Drive, Reston, VA 20190-4200

Phone: 703/478-0405Fax: 703/478-0205

Home Page: www.asbointl.orgEmail: [email protected]

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7015 College Blvd., Suite 600, Overland Park, KS 66210Phone: 913/ 469-1110 • Fax: 913/ 344-1492

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SUBSCRIPTION RATES eventy dollars of ASBO members’

annual dues are designated for School Business Affairs subscription.

© 2009, ASBO International

MANAGING RISK

Last month my kindergartner told me she had partici-pated in her first drill. It took my mind back to my schooldays and the childish delight of a fire drill; everybody pil-ing out of class, seeing your buddies from other classesand the one kid who was outside smoking trying to sneakback inside.

My daughter then went on to explain her drill. It wasn’t the fire drill I’d imagined, but a lock down drill.The 5-year-olds were huddled under their teacher’s desk,waiting for the OK from the principal to come out. Shewas very proud to have gotten a thumbs-up for being“very, very quiet.”

My stomach turned. We live in a quiet rural area. Theidea of having to go on lock down had never entered mymind—although when I had time to think about it, Irealized that no place is immune to a crisis situation.

This was yet another daily reminder of the responsibilitythe school business manager has within the school district.

Risk management involves so much more than ensuringevery student, educator, and administrator on site is safe.It means protecting sensitive school data, combattingfraud, ensuring the school buses are safe, and that some-one is turning off the lights when the facility is not in use.

Above my desk, I have what I call my “happy wall.”All the items on this wall are guaranteed to make mesmile: a picture of my husband and daughters, a drawingby my 5-year-old, a joke memo, a hilarious birthday card,the doctored up masthead of the SBA, and a thoughtfulcard from a member that was delivered with flowers.

When I look down at my desk, I have a To Do list:meetings to schedule, publications to approve, articles toreview, phone calls to return. The never-ending Outlookreminders pop up on my screen to remind me of anupcoming meeting.

When I am feeling a bit overwhelmed—as am sureyou do—I look up at my happy wall and can’t help butfeel a sense of optimism, joy, and lightness. Then I amready to tackle the next To Do.

I hope you all have something that makes you feelgood in the midst of a stressful day. It could be a coffeebreak with a great co-worker, a five-minute walk fromthe car to the office, or a window through which youcan enjoy the view.

As you sit down to read this issue on risk management,remember that being a proactive risk manager may keepyou busy, but it also may afford you a little more time atthe end of the day to sit and enjoy your happy wall.

—Siobhan McMahon, Managing Editor

Colophon: During production of this issue, Siobhan fell out with theEaster Bunny for leaving too much chocolate at her house; Lauren wel-comed her sister back home from a semester abroad; and Pat visitedher Mom in New Mexico.

www.asbointl.org SCHOOL BUSINESS AFFAIRS | JUNE 2009 7

When the Obama administrationbegan rolling out the econom-ic stimulus package, ASBOInternational representatives

offered many suggestions. Much of what webrought forward was incorporated into the act.The voice of ASBO’s membership was heard andincluded as a part of history that will serve as acatalyst for revitalizing America’s economy.

Last winter, ASBO International participat-ed in a conference hosted by the United StatesDepartment of Education during which repre-sentatives from ASBO described what we aredoing to support the American Recovery andReinvestment Act (ARRA) and to support ourmembers as they moved through the murkywaters of one of the most complex pieces oflegislation we have ever seen.

Not only did we share best practices, wealso were able to bring member issues forwardat the request of the Department of Educationas they prepared and finalized desperatelyneeded guidance. We discussed our EconomicCrisis Summit work as well as the many otheractivities we have undertaken in the past fewmonths. ASBO members spoke and theDepartment of Education listened.

With ARRA, we have before us an opportu-nity that many of us will never see again: anopportunity to forever change what the criticsof public education say; an opportunity todemonstrate that additional dollars do makethe difference in educational reform; anopportunity to make the difference in the livesof millions of children across our nation.

While financial decisions are not new toASBO members, until now, the impact ofthose decisions has been relatively local.Today, however, the global impact is forcing

massive reductions in every area. Our deci-sions will be scrutinized from every direction.Every misstep will be called to our attention.

Our success will require harnessing the collec-tive minds of all of us to solve complex issuesand implement the necessary reforms to make adifference. At times like these, having a networkof support in our profession is mandatory.

ASBO International continues to provideopportunities for you to connect with yourcolleagues, including through the online mem-bership directory and professional develop-ment events such as the Eagle Institute and theannual meeting. While cutting travel for pro-fessional development is an easy way to savemoney, isolating ourselves from others alsoisolates us from the new and innovative ideasand solutions being implemented in otherschool systems.

ASBO’s Annual Meeting and Exhibits will beheld October 23–26 in Chicago, Illinois. There,you will be able to network with the best andthe brightest in your field. You will be able toaccess sessions that will help you row throughthose murky waters. You’ll find an exhibit hallfull of vendors able to provide solutions to theproblems you are facing. And, you will be help-ing to stimulate America’s economy while pro-viding a balance to your life that is so necessaryto your personal and professional success.

At a time when other associations are declin-ing in membership and participation, ASBOInternational continues to grow. We are the onesthe media, other associations, and governmentofficials turn to when they have questions aboutschool business. With your continued supportand participation, ASBO will maintain its placeas the universally recognized and respectedexpert in the school business profession.

Let’s Stimulate the EconomyJohn D. Musso, CAE, RSBA

At times like

these, having a

network of support

in our profession

is mandatory.

executive director’s message

For most of us, a safety audit entails the com-pletion of a long list of very routine, relativelymundane tasks because someone, somewhere,thought it was important. We usually comply

grudgingly because it is yet another duty that has beenadded to our already full plate. We likely have no realownership in the process, and we often question theeffect it actually has on the safety of our schools.

Safety audits are usually required by our insurancecompanies or some other agency that is removed fromthe education environment. Do not get us wrong; alleducators agree that conducting school safety audits isimportant. But have you ever stopped to consider thereal effect of those universal lists on creating and foster-ing a safe environment?

Some states require safety audits. For example,Florida, Illinois, New York, Oregon, Pennsylvania,Texas, and Virginia have legislated the use of schoolsafety audits. However, many of those audits, althoughthorough, are rather lengthy and may be considered achore rather than the proactive safety initiative forwhich they were designed. In addition, evidence support-ing the effectiveness of safety audits—whether conductedinternally or conducted externally by an “expert”—isnoticeably missing from the research literature.

In the absence of studies on the effectiveness of schoolsafety audits, Folks (2008) researched school principals’perceptions of being required to complete a school safetychecklist. The principals interviewed in that studyreported that conducting an audit by checking off items


risk management

Getting a Fresh Perspectiveon School Safety Audits

By Kenneth H. Folks, Ph.D., and Marilyn A. Hirth, Ed.D.


Source: Ken Trump, National School Safety and Security Services, White House Conference on School Safety, October 10,2006. Commission adoption May 16, 2007.

Figure 1. School Safety Checklist for Allen County Schools

School___________________________________________ Completed by_____________________________

Date___________________________________ (to be completed once per semester)

Section 1. Action Items to Be Completed in August and January

______ 1. The school’s information in the County Pierce Responder System was reviewed in August andJanuary.

______ 2. School emergency procedures (including extracurricular activities) were reviewed with staff inAugust and January.

______ 3. School facilities (including playgrounds, athletic facilities, etc.) were reviewed by walking theexterior of the building in August and January. Door numbers were in good repair and easy toread. Other apparent safety concerns were addressed.

Section 2. Action Items to Be Completed Annually or Each Semester

______ 1. A lockdown drill has been scheduled with staff and students each semester.Dates of drills__________________________________________.

______ 2. Crisis teams meet at least once a year.Date scheduled________________________.

Section 3. Training Requirements to Be Completed at the Start of Each School Year

______ 1. Staff members are trained to greet, challenge, and/or report strangers in the building.

______ 2. Students are trained to not open doors for strangers and to report strangers they see to schoolpersonnel.

______ 3. A staff member has been assigned to check daily to ensure that doors that should be locked arelocked.

______ 4. Staff members have been trained on when and how to call 911 from their classroom phone.

______ 5. All staff members have been informed of the location of the automated external defibrillator.

______ 6. At least one school safety–related in-service session/staff meeting is scheduled for staff membersduring the school year.

Section 4. Ongoing Action Items

______ 1. The school has established drug, alcohol, and violence prevention and intervention programs.

______ 2. Adult supervision is evident when students are in the hallways, cafeteria (commons), bus pickupzone, or any other area where students gather in the building.

______ 3. The school has established and maintains communication equipment and procedures betweenthe school office and classrooms. Two-way radios are provided for communication with theschool office to staff who supervise students outdoors during the school day (physical educationclasses, recesses, etc.).

______ 4. Security features are planned in building and remodeling projects.

______ 5. Emergency response kits are maintained. One kit should be kept in the office area and anothershould be kept in a secure location in a separate area of the building, in case one of the areas isinaccessible during an emergency situation.

______ 6. Emergency responders have been invited into the building at every opportunity to familiarizethem with the facility as well as with the staff members.

______ 7. Background checks have been performed.

______ 8. The number of unlocked doors during the school day is limited to the minimum required.

______ 9. A procedure for visitor sign-in and identification badges, including signs directing visitors to theschool office, has been implemented and maintained.

______10. A school crisis team has been organized, trained, and maintained.

Submit to District School Safety Specialist by September 30 and January 31.

forces them to focus on school safety because the processis intentional. The more educators are aware of schoolsafety issues, the more proactive they can be in providinga safe, secure environment for students and staff.

Why Conduct Safety Audits?When students feel safe in their learning environment, itseems logical that their test scores will improve. Thispremise is a major component in the teachings of psy-chologist Abraham Maslow, who professed that basicneeds must be met before higher-order processes such aslearning can occur.

Research on the linkbetween a safe schoolenvironment and studentachievement is sparse.

Although Maslow’s theory makes sense to most educa-tors, research on the link between a safe school environ -ment and student achievement is sparse. A study byGronna and Chin-Chance (1999) provided empirical evi-dence that there was indeed a link between the two. Intheir study of 46 middle schools, those researchers founda statistically significant effect between school safety andeighth-grade reading and mathematics scores as meas-ured using the Stanford Achievement Test. The studyshowed that students who attended schools with fewerreported disciplinary offenses, and fewer reports of crimes,had higher test scores than students who attended schoolswith higher crime rates and more numerous reports ofdisciplinary offenses.

Although safety is on the minds of principals, it is notusually given the daily attention necessary. Only when anincident occurs does it reappear on the radar screen andreceive attention to ensure that the school is safe andsecure.

A Model to ConsiderIn 1999, the Indiana Legislature enacted IC 85–2-10.1–9, which, among other things, established countyschool safety commissions in every Indiana county. TheAllen County School Safety Committee (ACSSC) contin-ues to be one of the most active and respected countyschool safety commissions in the state.

In May 2007, after a rash of high-profile school shoot-ings across the country the previous year, the ACSSCadopted a one-page checklist based on school safety bestpractices. These best practices were cited at a nationalsafety conference convened by President Bush in October2006 and included (a) establishing a school safety plan,(b) exercising the plan on a regular basis, (c) establishing

prevention and recognition programs for students, and(d) conducting tabletop exercises.

Each school principal in Allen County completes thechecklist adopted by the ACSSC twice each school year,during August and January. The short, concise listincludes practical, basic strategies that focus on qualityversus quantity (see Figure 1).

Step by StepAwareness is the first step in adopting new practices.Many states require safety audits, but even if audits arenot a state requirement, school administrators shouldrealize their value and importance. The ACSSC checklistis short and easy to complete. However, for it to be aneffective tool, district leaders must provide the impetusand emphasize the importance of completing the check-list at the required intervals.

ReferencesFolks, K. H. 2008. School-safety preparedness: A qualitativestudy of principals’ perceptions of using a school-safety checklist.Ph.D. diss., Purdue University.

Gronna, S. S., and S. A. Chin-Chance. 1999. Effects of schoolsafety and school characteristics on grade 8 achievement: A multi-level analysis. ERIC Report No. ED430292, Education ResourcesInformation Center, www.eric.ed.gov/ERICWebPortal/custom/portlets/recordDetails/detailmini.jsp?_nfpb=true&_&ERICExtSearch_SearchValue_0=ED430292&ERICExtSearch_SearchType_0=no&accno=ED430292.

Kenneth H. Folks, Ph.D., is principal of Carroll High SchoolFreshman Campus, Ft. Wayne, Indiana, and is a certifiedIndiana school safety specialist. Email:[email protected]

Marilyn A. Hirth, Ed.D., is associate professor of educationalstudies at Purdue University, West Lafayette, Indiana, and amember of the ASBO Editorial Advisory Committee. Email: [email protected]


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School districts are held accountable not onlyfor the monies that contribute to the educationsystem but also for mitigating any issues thatthreaten student learning.

Some school districts are fortunate to have profes-sional risk managers on staff who can identify andcontrol the many risks that are unique to school systems.Most schools, however, place that responsibility on theshoulders of the school business manager or chief finan-cial officer, who may not have the experience to identifyand address those risks.

Whether certified or not, school risk managers areresponsible for a wide range of issues, including propertyand casualty insurance; benefits, such as health care,workers’ compensation, and unemployment; facility andenvironmental safety; crisis management; and the per-sonnel training associated with these programs. What’smore, the school risk manager must be knowledgeableabout issues ranging from IRS 403(b) changes to well-ness programs and the effects of the Medicare,Medicaid, and SCHIP Extension Act on liability claims.

The Importance of TeamworkTo be effective, the school risk manager must have thesupport of the administration and a well-thought-out

risk management team. Members of the team mayinclude representatives from district support services,school administrators, insurance agents and brokers,consultants, and a multitude of other specialists whobring a level of expertise rarely found inside the schoolenvironment. The district should have a system in placeto ensure that the risk management team is aware ofpotential risks. That system can be as simple as ensuringthat all district personnel have the risk manager’s contactinformation.

The range of risks in a school district is extensive, andso are the risk management team’s responsibilities. Theteam can develop and implement action plans to identify,address, and avert potential threats to the safety andsecurity of the learning environment. On the other sideof the coin, the team can work to ensure that soundfinancial decisions lead to strong fiduciary responsibility,ensuring that all decisions are based on the students,’ thestaff’s, and the public’s expectations for good faith andethical practices.

The risk management team should meet regularly—atleast four times a year, or more often if necessary.Meetings give the team an opportunity to review resultsof audits and assessments, to discuss current and poten-tial issues, and to develop any necessary plans of action.


risk management

Today’s School Risk ManagerBy Cheryl P. Johnson, ARM, and Steve Levering, CSRM, CTSBO

Identifying and Addressing RisksMethods used to identify and classify potential risksinclude such tools as checklists, flowcharts, surveys,and personal inspections. Gathering data with thesetools will help the school risk manager and teamdevelop a qualitative and quantitative report outlininga course of action. Qualitative assessment includesreading the insurance policies and vendor contracts andperforming safety audits. These strategies are not meas-urable, but they are important for determining toler-ance for risk. Quantitative assessment helps betterpredict future losses based on past loss data. With thatinformation, school risk managers can determine reten-tion, deductible, and transfer levels for decision makingand can decide which loss control projects to fund.

When addressing risks, team members should refrainfrom thinking that they have an immediate obligation toaddress them. Of course, any risks that are life threaten-ing should be dealt with as soon as possible, but othersmay benefit from a thoughtful long-range plan thatshows various phases of completion—especially if miti-gation will be costly. A task time line demonstrates theschool’s willingness to resolve risks as budget fundsbecome available.

Depending on the severity of the risks, mitigation cansometimes be funded by bond money earmarked forsuch work. Other means of funding may come from

fund balances, certain reserving practices, fund-raisers,or special grants.

Other solutions may simply involve changing policiesor procedures. For example, changing the district’s dri-vers’ safe driving habits may not be easy to do until thereis a change of policy. Requiring postaccident drug test-ing, quarterly motor vehicle checks, and mandatorypostaccident driver’s training on the employee’s owntime and at his or her expense will encourage safe driv-ing habits immediately.

No Better TimeNow more than ever, schools need to turn to risk man-agement practices to generate short- and long-rangeplanning for losses that affect the schools’ budgets. Thatmoney can be better served by contributing to the educa-tion process, not by paying claims.

There has never been a more critical time for our pub-lic entities to join the private sector in recognizing theimportance of having clearly defined risk strategies inplace. Schools and their districts increasingly understandthe importance of successfully managing risks, since eachrisk can be viewed as both a threat and an opportunity.

Cheryl P. Johnson, ARM, is risk manager for the DallasIndependent School District. Email: [email protected]

Steve Levering, CSRM, CTSBO, is area transportation directorfor the Dallas County Schools. Email: [email protected].


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killed a Niangua woman in her trailer home anddestroyed numerous other structures.

News photos of the trailer debris were a soberingreminder of the vulnerability of the town’s youngest resi-dents: preschoolers who regularly attended class in adouble-wide trailer only one mile away.

Just a little over a year later, the town is makingnational headlines again, but this time the news is good.The Niangua R-V School District is building a revolu-tionary steel-reinforced concrete dome that will serve asthe district’s new preschool classroom and double as thetown’s disaster shelter. The building’s unique shape andability to offer near-absolute protection from tornadoesis noteworthy. But what gives this project nationalprominence is that the dome building is being construct-ed with a $300,000 grant from the Federal EmergencyManagement Agency (FEMA).

The project’s federal funding is sparking hope amongsuperintendents in other disaster-prone school districtsthat more government money may soon be in the pipe -line to fund what is known as predisaster mitigationefforts. Those are funds earmarked to help a communitybefore disaster strikes, and could become more of a pri-ority in the Obama administration.

“During the Clinton years, the focus was on predis-aster mitigation and the mantra of the time was that$1 spent on mitigation saved $4 on recovery costs,”says Bill Waugh, who teaches disaster management atGeorgia State University. “Bush changed the focus firstto terrorism and then to response, which led to the endof what was called the Disaster-Resistant Communityprogram. All indications are that the Obama adminis-tration intends to go back to the more proactiveapproach focused on predisaster activities and makingcommunities better able to respond.”

If that prediction proves true, Niangua could serve asa useful case study of how other districts could applyfor grant funding, but also of how the money could be


Keeping Students Safe: Introducing the Monolithic Dome

By Carol Lanham

risk management

put to the best use after the grant is awarded. Thetown’s qualifying for the FEMA grant under the Bushadministration also illustrates that, regardless of presi-dential policies, it is possible for school districts to qual-ify for federal funding. However, the community mustmeet FEMA’s risk and needs criteria, and the grantapplication should be spearheaded by someone withenough determination and persistence to navigate therequisite red tape.

Overcoming HurdlesIn Niangua, which is located in Webster County,Missouri, Linda Watts, the county’s assistant emergencymanagement director, did most of the legwork for thegrant. She started the process in 2005 by documentingthe town’s history of natural disasters, along with theirfrequency and devastation, in a national hazard mitiga-tion analysis. The analysis showed that tornado activityin Niangua surpassed the national average by 26%.

The next step was to prove the community’s financialneed. With a population of fewer than 500 people, ahigh unemployment rate, and relatively low tax rev-enues, Niangua easily qualified as an impoverishedcommunity. The grant application then had to gothrough a review process at the state, regional, andfinally national level, where a 10-member FEMA panelvoted on its merits.

Butch Kinerney, a spokesman for FEMA’s mitigationdepartment, estimates that the FEMA panel votes onabout 450 such grant applications every year, and onlyabout 80 to 100 are actually funded. Of those, just 12 to 20 are school projects.

“We like to see schools used as storm shelters,” Kin -erney says. “And it’s a big honor to have a communitythat is able to clear all the hurdles and meet the series ofspecifications that have to be met.”

Niangua appeared to have cleared all the hurdles in2006 when it qualified for a FEMA predisaster mitigationgrant of $313,000 designed to cover 90% of the construc-tion costs for a new building. But when the project wentout for bids, school officials found that there was onemajor hurdle still left to clear. “It went up for bid the con-ventional way, and every single bid came in well over thelimit. We thought we were going to have to give back ourgrant,” Watts recalls.

Then, Niangua Superintendent Andy Adams rememberedseeing a brochure about unconventional dome school build-ings that met FEMA standards for near-absolute protectionfrom tornadoes. In fact, the buildings—known as Mono -lithic Domes—were touted for withstanding winds of up to300 miles per hour (100 more than required by FEMA).They were also described as energy efficient and less costlyto build than a conventional structure. After doing furtherresearch, Adams and the school board were sold.


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Turning to the DomeDavid South, who coinvented and patented the processfor building Monolithic Domes and now heads theMonolithic Dome Institute in Texas, was among thosewho talked to Adams about the benefits of a steel-rein-forced concrete dome school building that could doubleas a community disaster shelter.

“It’s difficult to construct buildings that can withstand adirect hit by tornado winds,” explains South. “Block wallshave a heavy mass, but tornadoes can push with 100 to400 pounds of pressure per square foot, and conventionalwalls typically cannot withstand that kind of pressure.”

In contrast, the curved, steel-reinforced concrete wallsof a Monolithic Dome can withstand pressure of up to2,000 pounds per square foot, South says. This attributehas been confirmed not only by the institute’s consultingengineers but also by anecdotal evidence, including thefact that domes have been built 30 feet undergroundwhere the pressure can reach one ton per square foot.

“Concrete in a curved shape reinforced with rebar nat-urally becomes stronger than any other building built,”says Arnold Wilson, professor emeritus of civil engineer-ing at Brigham Young University and a consulting engi-neer for the Monolithic Dome Institute. “I have personal-ly engineered approximately 1,400 Monolithic Domes innearly every state and many foreign countries. Many ofthem have been subject to hurricane forces and a few totornado forces, and all have withstood these forces in anexcellent manner.”

FEMA agreed that the buildings were safe and approvedthe use of a Monolithic Dome for the Niangua school dis-trict. Even better, the grant money paid for 90% of thebuilding’s construction. That’s because a Monolithic Dometypically costs less to build than a conventional building ofthe same size. Niangua chose a general contractor thatensured the project came in within the budget.

Under ConstructionOnce construction began, school officials discovered thatthe method used to build Monolithic Domes is as unusual

as the buildings themselves. The process begins with theplacement of a ring beam footing and the pouring of acircular steel-reinforced concrete slab floor. In manycases, a stem wall is then erected to give the buildingstraight walls and a more conventional look. Next, crewsattach an Airform, a tarp made of tough, single-ply roof-ing material, which is inflated using giant fans.

Once the Airform is inflated, work moves to the inte-rior, where treated wood is attached to frame thewindows and doors. Three inches of polyurethane foamis then sprayed on the rest of the Airform, and a grid ofsteel rebar is attached to the foam. In the final step,crews spray on a layer of shotcrete that ranges from fourinches at the top to eight inches at the base. The result isa permanent and virtually indestructible structure.

Because the insulation is between the Airform and theconcrete, which lines the interior and has thermal proper-ties that help it maintain more constant temperaturesinside the dome, Monolithic Domes can cost 50% less toheat and cool than traditional buildings of the same size.“The energy savings along will usually pay for the totalcost of the structure within the first 20 years,” saysMonolithic Dome Institute’s David South.

In Niangua, school officials are not waiting on theenergy savings to cover the 10% of the construction costsnot covered by the grant money. A portion of the fundshas come from the city and county, and the school dis-trict’s share is largely in sweat equity. “I, along with acouple of others, did all the painting on the inside of thedome and we’re going to do the floor tile,” says Adams,the superintendent. “We’re doing everything we possiblycan to get this building ready.”

Worth the WorkDespite the building’s novelty for the town and many ofthose who have heard about the project through thenews media, the dome school in Niangua is actually notthe first Monolithic Dome school to be built in Missouri.That honor goes to Pattonsburg, which built four domesto house students in kindergarten through 12th grade in1998. Dome schools or university buildings have alsobeen constructed in Rockport, Caldeonia, and Parkville,Missouri, as well as in 11 other U.S. states and sevencountries around the world.

But Niangua is the only school district in the nation tohave its Monolithic Dome funded by FEMA, which evena spokesman for the agency concedes is no small feat.“It’s a lot of hoops to jump through,” says FEMA’sKinerney. “But at the end of the day, if you are able tosave lives, it’s worth it.”

Carol Lanham has worked for the Associated Press, Reutersand Newsweek. She now is with Dallas-based BWG Agency and writes frequently on the topic of Monolithic Domes. Email:[email protected]. Freda Parker contributed to this article.


On December 8, 2008, USA Today publishedthe article “The Smokestack Effect: Toxic Airand America’s Schools.” The article reportedthat as a result of computer modeling of the

potential dispersion of contaminants into the air (not actu-al tests of air samples) done by the University of Marylandand Johns Hopkins University, 128,000 American schoolswere ranked according to air quality issues based on theschools’ proximity to industrial pollution.

The Port Washington–Saukville School District’s Sauk -ville Elementary School was rated in the bottom 1%. Thestudy indicated that two businesses in the area—a steelmanufacturing company and a plastic products produc-er—were potentially emitting particulates in amounts thatcould present possible health risks for students. Becausethe district was 20 miles north of Milwau kee, industriesin Milwaukee were also factors in our rating. Saukville

Elementary made the bottom 1%, and the district’s otherfour schools ranked in the bottom 3%.

When informed about the ranking, the district’s leader-ship team, which consisted of Superintendent MichaelWeber, Special Services Director Gary Myrah, and me, thedirector of business services, met to plan a course of action.

Under InvestigationThe Port Washington–Saukville School District contractswith an environmental management consulting companyin Fort Atkinson to oversee the district’s safety certifica-tion. On January 6, 2009, our leadership team met withDan Krueger, district maintenance supervisor; KathyTubbs, Saukville’s principal; and the consulting firm’spresident, Bill Freeman, to outline a plan for conductingour own testing and for communicating our plans to theparents and the community.

Stepping Up to the Plate: EnsuringA Quality Learning Environment

By Jim Froemming

risk management

Freeman researched the model that was used to createthe list of potential school “toxic hot spots” that wereidentified in the article. The particulate listed as being ofthe greatest concern was manganese, a metal used in thecasting of steel. For our purposes, air quality was to betested for a 72-hour period, with two monitoring metersset up outside the buildings in the air intake manifoldsand six tests conducted inside the building. We estimatedthe cost for the tests at $2,000–$3,000, with the poten-tial for testing more than once.

We knew that the health of our students was in ques-tion. If we received unfavorable results from outside thebuilding, but not inside, we might need to limit outdooractivities. If both sets of tests were unfavorable, we knewthat we could beef up the school’s air filtration system totrap the unwanted particulates before they entered thebuilding. If all the tests came back negative, the villageand the local companies would appreciate that we tested.

During this process, the district worked to be transpar-ent with regard to the testing. The local paper, the Ozau -kee Press, and the Milwaukee Journal ran informativearticles about the process we were undertaking. As a dis-trict, we needed to do what was best and we needed todo it in a timely fashion.

The tests were sent to the Wisconsin Department ofNatural Resources (DNR) state lab for results. Before thelab received the results, the Wisconsin DNR called a meet-ing of representatives from the state and county healthdepartments, state environmental protection staff, DNRmodelers, local government officials, one of the manufac-

turers’ safety directors, and school district personnel,including the environmental consulting firm.

The DNR modelers reported that the computerized test-ing model used in the first study had deficiencies. Their pre-liminary model indicated that there should be no detectiblesign of the manganese particulate in question. SaukvilleElementary’s distance from the manufacturing facilitiesshould not yield results that exceeded acceptable levels.

In a follow-up telephone conference with the samegroup two days later, the district shared its similar find-ings. Having results that were in step with the WisconsinDNR modeling was reassuring to the district and thecommunity. In concluding our session, I asked if anyonewould like to pay for our testing, since it benefited us all.I was pleasantly surprised that the DNR said that itwould cover the lab costs of the tests that were processedthrough its labs. (It never hurts to ask.)

The manner in which the district actively tested andshared information with interested parties fostered posi-tive relations with residents and manufacturers that mayhelp create educational opportunities for our students.

In February and March, I learned that our insurancecompany might pick up a portion of our costs. The DNRsaid it would have done the same thing, and the U.S.Environmental Protection Agency said in a statement onMarch 2, 2009, that it would become more involved inhelping with testing at school sites.

Jim Froemming is director of business services for the PortWashington–Saukville School District in Wisconsin. Email:[email protected]



The Art of Labor Relations:Knowing Your Best MoveBy Dixie M. Pope, Ed.D.

In many school districts, businessmanagers—not superintend-ents—are the ones who dealwith labor relations, negotiating

or participating on the negotiationsteam. Business managers who over-see the human resources departmentmay find themselves dealing withlabor relations on a regular basis.

As a superintendent who also hasthe duties of business manager, Iequate my labor and communityrelations responsibilities with a gameof cards. From my perspective, thetrick to labor relations is not to lookat the cards I have been dealt by theemployees, but to look at how I mustplay those cards to win, not only formyself but also for my district.During my first year in this dual role,I learned when I could play my handalone and when I should “ask my

partner for help” (call in the experts)regarding an issue.

Labor Relations StrategiesIn this card game of labor relations,the four strategies I became familiarwith were (a) negotiation, (b) media-tion, (c) arbitration, and (d) courtinjunction and declaratory judgment.

Negotiation, the most commonmethod used to resolve differences, isa process by which the partiesattempt to reach an agreement onissues about which they might dis-agree. The goal of negotiating anissue or issues is to reach an agree-ment that will positively influence theworkplace. Negotiations give thoseinvolved—both management andlabor—the opportunity to voice theiropinions and to help develop a solu-tion that benefits everyone.

A good negotiator should gatherthe facts, evaluate the situation, andfocus on the issue, not on the personor position. My role as the board’shead negotiator for support staffnegotiations was a win–win situationfor the board and for me. Althoughthis process was time consuming, Ibuilt a rapport with the support staffthat ultimately led to the resolutionof two outstanding grievances that Ihad inherited from my predecessor.

Mediation is negotiation with theassistance of a third party. The medi-ator does not have the power todecide the outcome, however. Theeffective mediator is a good listenerand works from a sound, basicapproach (Ray, Hack, and Candoli2000). Both parties must agree tomediation as the means to reach avoluntarily acceptable resolution.The mediation process emphasizesproblem solving and resolution.

Last year, I was in a position toresolve a parent–student issueregarding schools of choice. The fam-ily lived in our school district;however, as a result of some inci-dences, the mother chose to send herolder four children to schools inanother district. She wanted heryoungest child (kindergarten age),who had special needs, to also enrolloutside our school district. Becauseof the possible expense of the child’sneeds, the other district was unwill-ing to absorb those costs.

I knew when to “ask my partnerfor help.” The mother and I met witha state mediator who facilitated ourdiscussions. In addition, I invited themother to meet with the elementaryschool principal and staff and visit

labor relations

the building several times to observeinstruction.

In the end, not only did she enrollher kindergartner in our district ele-mentary school, she also enrolled herother four children in our district.

Arbitration is “a procedure inwhich an impartial third party actual-ly renders a decision that can be bind -ing or nonbinding in a labor dispute”(Geisert and Lieberman 1994, p. 63).Before turning to arbitration for dis-pute resolution, both parties mustagree that mediation and negotiationhave failed.

When I began my current posi-tion, I inherited four issues slated for arbitration and added another.Again, I turned to others for assis-tance. While continuing to have anopen dialogue with the grieving par-ties, I also involv ed legal counsel.Three of the five is sues were settledbefore the arbitration dates.

One of the arbitration issues wouldhave, in my opinion, caused severefinancial harm to the district. In thatcase, I knew when to “fold ’em” andconsidered the court injunction anddeclaratory judgment option availableto employers. The 1932 Norris-LaGuardia Act (29 U.S.C. § 101) limitsthe reasons courts can issue injunc-tions. The act states:

No court of the United States, asdefined in this chapter, shall havejurisdiction to issue any restrainingorder or temporary or permanentinjunction in a case involving orgrowing out of a labor dispute, ex -cept in a strict conformity with theprovisions of this chapter; nor shallany such restraining order or tem-porary or permanent injunction beissued contrary to the public policydeclared in this chapter.

However, in the end, the issue wassettled without going to arbitrationor through the court injunction anddeclaratory judgment process becauseof the rapport that was establishedduring the negotiation process.

Right of Due ProcessRegardless of the strategy employerschoose to resolve a dispute, they must

ensure that due process was followedand documented. The Constitutiongrants certain rights to all U.S. citi-zens. Included in the protection ofcitizens’ rights are their employmentrights. The Fourteenth Amendmentprotects people by stating that gov-ernment shall not deprive anyone oflife, liberty, or property without dueprocess of law—and employmentcertainly affects life, liberty, andproperty.

Employees are entitled to a proce-dural due process hearing before ret-ribution or termination. The FifthAmendment provides certain protec-tions to people accused of an infrac-tion. If due process is not followed,the plaintiff loses the case. Laborrelations cases are no exception. Ifcases claiming a due process viola-tion progress to arbitration or thecourt system, the arbitrator or courtwill determine whether the properprocess for protecting employees’rights was followed before terminat-ing the employee.

School districts should ensure thatdue process procedures are incorpo-rated into their policies and thatthose policies coincide with the con-stitutions and statutes of the federaland state governments. In employ-ment master agreements with schooldistrict unions, it is best to have dueprocess and just-cause proceduresoutlined so both parties know whatto expect. In addition, the contractshould outline what issues can betaken to arbitration.

Before having a case progress to anarbitration hearing, the employershould ensure that the traditionalsteps in disciplining the employeewere followed. In most cases, the tra-ditional steps include (a) an oralwarning, (b) a written warning, (c) awritten reprimand, (d) suspension,and then (e) discharge. Depending onthe severity of the misconduct, someissues may require skipping a step.

Always add the following or a sim-ilar disclaimer to documented warn-ings and reprimands: “If further inci-dences take place, the district will

consider the infraction(s) and severityof the infraction(s) and it could resultin further discipline that may lead upto and include dismissal.”

Be PreparedSometimes in the collective-bargainingprocess, an agreement is not reachedwithout mediation, arbitration, orother form of dispute resolution. Thedistrict must determine which form ofalternative dispute resolution willwork for it for each issue.

If labor relations are normally collaborative, a dispute resolutionforum of negotiation, facilitation,mediation, fact-finding, peer review,open-door policy, or early neutralevaluation may be the solution. Iflabor relations are more adversarial,a dispute resolution forum of arbi-tration or court injunction anddeclaratory judgment may be thebest avenue.

The issue itself may determine theforum to be used. If the issue resultsfrom a grievance, one resolutionstra tegy may be used; if the issue re -sults from a First Amendment right,another resolution strategy might beemployed.

With the shrinking funds availableto school systems, it is important forall administrators, including businessmanagers, to understand labor rela-tions. Any administrator may be giv -en the added duty of handling ne go -tiations, parental concerns, and/orgrievances.

ReferencesGeisert, G., and M. Lieberman. 1994.Teacher union bargaining: Practice andPolicy. Chicago: Precept Press.

Norris-LaGuardia Act, 29 U.S.C. § 101.http://law.onecle.com/uscode/29/101.html.

Ray, J. R., W. G. Hack, and I. C. Candoli.2000. School business administration: Aplanning approach. 7th ed. Boston: Allyn& Bacon.

Dixie M. Pope, Ed.D., is superintendentand director of business for LakeviewCommunity Schools in Lakeview,Michigan. Email: [email protected]



facility construction

In 1999, 36% of schools reported that they usedportable classrooms and 20% reported that theycreated temporary instructional spaces, accordingto the National Center for Education Statistics

(Lewis and others 2000). Those percentages translatedinto about 28,600 schools that used temporary class-rooms and 15,700 schools that created temporaryinstructional spaces.

State capital outlay funding for new facility construc-tion is always behind the stated need and is not availablefor immediate expenditure. School districts often falltwo to three years behind schedule in their building pro-grams because of this funding delay (Odden and Picus2008). Class-size reduction can also affect overcrowding,

even in schools that are initially undercrowded (Readyand Welner 2004).

Portable classrooms will most certainly continue to beused temporarily to bridge the gap between immediateneed and availability of construction funding. Projectingthe need for portable classrooms is straightforward whenit is based on student enrollment forecasts. When youknow the capacity of a school building and the studentenrollment projections, calculating the number of portableclassrooms needed in each school by year is relatively easy:subtract the school capacity from the projected studentenrollment and divide the remainder by the class size. Thissimple mathematical approach gives a dependable guide tothe number of portable classrooms needed.

Portable Classrooms: ImmediateSolutions to a “Growing” ProblemBy Judith Patterson, Ed.D., Mary Chandler, Ed.D., Binbin Jiang, Ed.D., and T. C. Chan, Ed.D.

Financing Portable ClassroomsMost states do not allocate state capital outlay funds forthe purchase of temporary facilities, so local school dis-tricts end up assuming the costs of providing portableclassrooms by using school district reserve funds and thespecial-purpose local-options sales tax (Harben 1997).

Growing school districts must consider a number offactors when making decisions about the use of portableclassrooms. First and foremost, they need a detailed planthat justifies the district’s investment in portables—whether new or pre-owned. The longer a school districtmakes efficient use of the portables, the more money thedistrict can save. Keep in mind, however, that like auto-mobiles, these temporary facilities devalue over time.

Purchasing portable classrooms can become a point ofcontention among taxpayers, board of education mem-bers, and school district financial and facility planners ifall stakeholders are not fully informed about the need forthose temporary classrooms. One effective way to planfor and manage the purchase of portable classrooms atthe school district level is to organize a district portableclassroom committee (DPCC). DPCC members mightinclude school administrators, district planning directors,finance officers, and maintenance directors, along withteacher representatives and community representatives.

Before meeting withcommunity members,school administrators must be prepared toaddress public concerns for portable classrooms.

The work of the DPCC would include but not be lim-ited to assessing portable classroom needs, keepinginventory, identifying funding, determining placement,and ensuring maintenance. The DPCC should developand share a time line to display the phasing in and even-tual phasing out of portable classrooms when they areno longer necessary.

As it considers placement of portable classrooms onthe school campus, the DPCC should ensure that thestaff and students have easy access to the main building.The DPCC should plan for all the support facilities asso-ciated with portable classrooms, including furniture,equipment, technology access, intercom connection, andhandicapped accessibility.

Other considerations include expenses associated withproviding sufficient electrical power to support lightingand heating, ventilating, and air-conditioning units; tech-

nology; traffic safety; and both internal and externalsafety and security.

An inventory process should systematically code theportables by type, size, age, condition, and loca-tion. Accompanying this information should beinspection reports, licenses, insurance contracts, and pesttreatment certifications for each portable class-room. That information is essential when portableclassrooms must be moved to another campus or consid-ered surplus by the district.

Working with the CommunityBefore meeting with community members, schooladministrators must be prepared to address public con-cerns for portable classrooms, such as aesthetics, safety,security, health, maintenance, and equity issues.

Aesthetics: Many complaints about portable class-rooms are centered on their unattractive appearance(Taylor, Vasu, and Vasu 1999). School administratorsshould request that the exterior of the portable classroomsbe attractively yet conservatively landscaped. Althoughportable classrooms require more maintenance than per-manent classrooms (Fickes 1998), timely repairs and main-tenance are critical to positive community perceptions.

Safety and security: School administrators mustassure interested parties that the portable classroomswill meet all building codes. Safety concerns also dictatethat emergency procedures (fire, tornado, intruder, etc.)be clearly defined, understood, and practiced by teachersand students.

Because portable classrooms are often placed behindschool buildings, they are vulnerable to vandalism.School administrators should work with the communityand residents in nearby neighborhoods, as well as withlocal police and fire departments, to organize communitywatch programs and establish an emergency communi-cations procedure.

Health conditions: Administrators should considerthat students or faculty with respiratory, allergy, or otherhealth conditions may find their conditions exacerbatedif heating, cooling, and ventilation are inadequate.Locations of portable classrooms must be free of toxiccontamination. Air quality and water quality forportable classrooms must be tested regularly to ensurethat they meet the acceptable standards approved by thelocal health department (Stewart 2002).

Effect on students: The greatest concern that par-ents have about the use of portable classrooms is theirpotential negative effect on student achievement. Parentsoften harbor perceptions that portable classrooms areinferior and assume that instruction will be as well.School administrators must be prepared to respond toparental concerns by carefully citing current relatedresearch about portable classrooms. Studies by Chan(2005, 2006), Chan and others (2003), and Krawitz


(1987) indicate no significant effect of portable class-rooms on student achievement.

Negative to PositiveSchool districts that can turn negative associations ofportable classrooms into positive images of effective plan-ning and management will garner community support,parental acceptance, and continued student achievement.

ReferencesChan, T. C. 2005. Portable versus permanent classrooms: Studentattitude, behavior, and achievement. Educational Facility Planner40 (2): 3–10.

———. 2006. Portable versus permanent classrooms: A quasi-experimental study of fifth graders’ attitude and mathematicsachievement. Eastern Education Journal 35 (1): 69–74.

Chan, T. C., C. Bowen, L. Webb, and D. Jarman. 2003. Teachers’perception of student achievement, attitude, and behavior inportable classrooms. Paper presented at the annual meeting ofthe Georgia Educational Research Association, Savannah.

Fickes, M. 1998. Balancing permanent and portable buildings.School Business Affairs 64 (7): 36–37.

Harben, E. B. 1997. The special purpose local optional sales taxfor education (SPLOST). Gainesville, Ga.: Harben and Hartley.

Krawitz, K. R. 1987. Effects of portable, temporary, and perma-nent classrooms on student achievement and teacher morale atthe second, fourth, and sixth grade level. Ph.D. diss., Universityof Kansas.

Lewis, L., K. Snow, E. Farris, B. Smerdon, S. Cronen, J. Kaplan,and B. Greene. 2000. Condition of America’s school facilities:1999. National Center for Education Statistics.http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2000032.

Odden, A. R., and L. O. Picus. 2008. School finance. 4th ed.New York: McGraw-Hill.

Ready, D., and K. Welner. 2004. Educational equity and schoolstructure: School size, overcrowding, and schools within schools.Teachers College Record 106 (10): 1989–2014.

Stewart, B. 2002. Preventing mold growth in portable classrooms.Commercial Modular Construction, January–February, p. 24.

Taylor, R. G., M. L. Vasu, and E. S. Vasu. 1999. Permanent vs.temporary school facilities: Decision making in an information-rich environment. Education 119: 706–10.

Judith Patterson, Ed.D., Mary Chandler, Ed.D., and BinbinJiang, Ed.D, are associate professors of educational leader-ship, and T. C. Chan, Ed.D. (Email: [email protected]) isprofessor of educational leadership at Kennesaw StateUniversity in Kennesaw, Georgia.


Standing down is an action the military takes toreview, regroup, and reorganize. Unfortunately,it often comes after an accident or other tragicevent. To stop losses, the military will “stand

down” until they are confident they can resume safeoperations.

Standing down is good for everyone, not just the mili-tary. In today’s fast-paced world, we seldom take time tostop and reflect on what is happening in our lives.Instead, we tell ourselves that we are too busy today.Tomorrow will be better. Inevitably, we will be evenbusier tomorrow.

Under the guise of having too much to do, we avoidstanding down. Yes, we are busy. We’re even accom-plishing a lot. However, we are not taking time todetermine if we are doing things effectively, efficiently, orwith the right priority.

I am an advocate of standing down. Whether it isorganizationally or individually, we need to stop periodi-cally to take stock of where we are and where we’reheaded. Rather than slowing progress, standing downmay help us discover that we are not even moving in theright direction.

Standing down may be a formal activity, time pur-posely set aside for planning and assessment. It is oftendone as annual goal setting and performance review. Orformal standing down may rise from an unexpected sig-nificant event. In either case, formal standing down isgenerally done in accordance with organizational stan-dards, forms, and instructions. It is the process we use todetermine how we are doing and what we plan to do.

We may also stand down informally. We do so whenour gut tells us that things are out of control. Althoughwe’re busy and we’re accomplishing the work is getting

professional development

Taking Stock and Standing DownBy Tom Peeler, CPPB

done, the nagging feeling that everything is not okay, ornot as good as it could be, will not go away.

Informal standing down is generally not guided bystandards, forms, and instructions. It involves closingyour door for uninterrupted personal analysis andreview. It is a brief team meeting to get everyone on thesame track. It entails lunch with a coworker to discussneeds. It is whatever it takes to get that little voice inyour head to stop screaming, “Stand down! You’re los-ing control.”

Making It WorkStanding down effectively requires four key components:(a) a vision of where we want to go, (b) the best route toreach our destination, (c) confirmation that we are oncourse, and (d) breaks.

A vision of where we want to go: Try routing atrip without a destination. It’s impossible. All routes leadto chaos.

Organizations and individuals must know wherethey’re headed to determine the best way to get there.The destination may change along the way, but withouta vision, we can’t effectively start the journey.

The best route to reach our destination:Effective mapping considers distance, conditions,resources, and contingencies. We will only find themost appropriate route to our final destination witheffective mapping.

We map with goal setting, processes, and procedures.These key elements help us move toward our desireddestination. Without them, we have neither the directionnor the resources to get there.

Confirmation that we are on course: By mak-ing one or two wrong turns, we can seriously veer offcourse. The sooner we discover the error, the morequickly we can correct it. The more quickly an error isdiscovered and corrected, the sooner we are back oncourse toward our destination.

We confirm our course through measurement. Wehave our vision. We have our goals, processes, and pro-cedures. Now, we must periodically determine if thosegoals, processes, and procedures are moving us towardour vision. We do that by measuring the results of ouractivities. If measurement indicates that we are achievingthe goals, we are on course. If measurement indicatesthat we are off course, we must make the appropriatechanges to get back on track. Additionally, if measure-ment reveals a better course, we must remap the trip andtake advantage of the better solution.

Breaks: Some destinations require long journeys.Traveling nonstop can be unsafe and ineffective. Breaksmay be planned for specific intervals or locations or theymay be spur-of-the-moment when an inviting rest stopappears at the side of the road. Either way, breaks areessential for remaining alert and on course.

We take breaks in a number of ways. Coffee breaksand lunch periods are often planned into the workday.Brief conversations to catch up on what is happeningcan be effective breaks. We also have weekends, personaldays, vacation days, and holidays that give us a breakfrom the action. Taking advantage of these opportunitiesis essential to organizational and personal well-being.

There are also unplanned breaks. When you feel over-whelmed, taking a few minutes for yourself or asking theboss for a few minutes of his or her time can help elimi-nate stress or reveal a solution. However, always respectorganizational rules and the chain of command in thosesituations.

A Life ChangeWe also need to stand down in our personal lives. Thedemands of family and friends, extracurricular activities,meetings and appointments, and unforeseen situationscan be overwhelming. Combining work stress with per-sonal stress can be too much for anyone. Taking time tostand down is good for both the individual and theorganization.

Standing down . . . are you doing it? I hope so becauseyou are the most valuable asset to your organization andyour family. They, and you, will benefit greatly from thephysical, mental, and professional health achieved fromperiodically standing down.

Tom Peeler, CPPB, is executive director of Arizona-basedMohave Educational Services Cooperative, Inc. Email:[email protected]


Congratulations to Shirley BrozASBO Board of Directors mem-

ber Shirley A. Broz, CPA,RSBA, was recentlyappointed chief financial offi-cer for Rockwood SchoolDistrict in Missouri. Shirley,

who has been serving asRockwood’s executive director

of finance, re ceived unanimousapproval by the board of education, and will beginher new duties on July 1.

Shirley has been with the Rockwood SchoolDistrict for 13 years. She has a CPA, RSBA, andmaster’s degree in business. In addition to herresponsibilities with the Rockwood School District,she teaches accounting at Webster University.

In announcing the appointment, Rockwood’ssuperintendent, Craig Larson, said, “Few people inMissouri have Ms. Broz’s qualifications and none ofthem understand Rockwood’s financial structure orhave the relationships with Rockwood’s stakehold-ers that she has developed over the past 13 years.”


relationships

Showcasing Unsung Heroes: Positive PR/Positive Relationships

By Robert Ruder, Ed.D.

Despite the budgetary belt-tightening and whatappears to be a gloomyfinancial future for many

of the nation’s school districts, southFlorida’s Sun Sentinel recently show-cased five noninstructionalemployees from the Broward Countyschool district.

The Sun Sentinel chose to providereaders with a comprehensive look atthose employees who, through theirefforts and the efforts of their 14,000coworkers, “help keep schools run-ning while playing big roles instudents’ daily lives.”

Introduced in the January 4, 2009,Sun Sentinel’s Sunday edition, theseries presented vignettes about fiveindividuals and their respective jobs.Each day focused on the employee’s

role within the larger organizationwith regard to the responsibilities oftheir positions and their ability tointeract positively with students, par-ents, and other school districtemployees. Written by AkitahJohnson with accompanying photo-graphs by Susan Stocker, the seriesintroduced readers to the noninstruc-tional glue that holds the BrowardCounty school district together.

The employees were selected fromthe district’s food service, buildingsand grounds, secretarial, security,and transportation departments. Thearticles highlighted that, in additionto performing the routine duties oftheir assignments, each person wentbeyond his or her daily responsibili-ties by relating positively with thediverse populations within the schooldistrict community.

As Glades Middle School PrincipalKrista Herrera noted: “We’re in bigtrouble without them. They are thefirst line of defense with the public.They give the Band-Aids and kiss theboo-boos, if you will.”

The five employees profiled in SunSentinel were:

Lily Stevenson, assistant cafe -teria manager at the Glades MiddleSchool. Stevenson and her food serv-ice staff serve lunch to 1,400 childrenover a two and a half hour timeframe. Concerned about the econ-omy, Stevenson realizes thatmembers of her department will bethe first fired if additional budgetcuts are needed to preserve teachingpositions and classroom learning.Without adequate food service per-sonnel, Stevenson says, the studentswill suffer.

Jimmy Murrow, facilities super-visor at the Hallandale AdultCommunity Center. In addition tohis assigned duties, Murrow gets toknow most of the 580 students in theschool. Many of the school’s studentshave not realized academic success atother middle and high schools.Among the high-risk student popula-tion are chronic truants and juvenileoffenders. Others have difficultylearning. As he greets students everyday, Murrow gleans a sense of thestudents’ moods. Those who respondto him positively move on to theirclasses. Those who do not, receiveextra attention from Murrow until asmile appears on their faces.

Dottie Reid, secretary to theprincipal at Palmview ElementarySchool. A constant stream of stu-dents, teachers, and parents assure

that Reid’s days are never the same.As the first person to greet visitors tothe school, she believes she is instru-mental in shaping the public’s per cep -tion of the school. Butterflies adornher desk to remind her “of a child’spotential to emerge from awkwardadolescence and become a beautifulyoung adult.”

Douglas Dorsett, Olsen MiddleSchool’s campus security monitor.Having served in the army and airforce, Dorsett dresses elegantly. Hebelieves dress is about “pride in pres-entation” as he goes about his securityresponsibilities while teaching studentsabout respect and caring for others.Dorsett wants to afford students pro-tection and the same chance that hehad. As for the students’ parents,Dorsett states, “I meet their parents; Imeet their relatives; and I’m able tosend them off to their daily jobs with asmile, good hope, and a blessing.”

Carolyn Wallace, school busdriver. Wallace has been a school busdriver for 30 years. She asks her pas-

sengers the same question every day,“Where are we going when we gradu-ate from high school?” to which thestudents enthusiastically reply, “Col -ge!” The students on Wallace’s bus arenot dropped off at the front door ofthe school; they are presented “to theschool, minds alert, ready to learn.”Often dealing with children who comefrom foster care or broken homes,Wallace provides her students withsoothing motherly care. In return,she’s able to peek at newly lost teeth,to comb messy morning hair, and toenjoy a private conversation with achild in need of a loving ear.

Behind the ScenesThe Sun Sentinel’s report featured onthe first page of the newspaper’s localsection was entitled “UnsungHeroes.” They don’t provide class-room instruction, but these employ-ees working behind the scenes arevital, and beloved, in BrowardCounty schools. Written at a timewhen $94 million was removed from

this year’s budget with the possibilitythat another $160 million may belost for the 2009–2010 school year asa result of reduced state funding,there is a strong likelihood that addi-tional noninstructional staff mem-bers, like those included in the week-long report, may lose their jobs.

By providing snippets of what non-instructional staff members do withinthe parameters of the Broward Coun -ty school district, the newspaper gavereaders a chance to draw their ownconclusions about the importance ofnoninstructional staff and the effectthat budget cuts have had or will con-tinue to have in south Florida.

School districts can learn valuablelessons from the Sun Sentinel as theythink about how they can form posi-tive relationships with the media andthe community. See the series atwww.SunSentinel.com/unsung.

Robert Ruder, Ed.D, is a retired schooladministrator living in Lancaster,Pennsylvania. Email: [email protected]



Immigrant children constitute the fastest-growingpopulation in the United States, and their presenceis rapidly changing the demographics of Americanpublic schools—especially in cities where they typi-

cally settle with their families.Because these students’ languages, cultures, and values

differ from those of educators—and indeed from oneanother—school districts face challenges and opportuni-ties as they strive to meet every student’s diverse needs.

To educate immigrant and refugee students effectively,districts must first meet their psychological and socialneeds. For example, many immigrant children whoattend American schools are from war-torn developing

countries. Many of these children were exposed to thetraumas of war, witnessed violence and killings, and livedin refugee camps. As such, they have special issues thatmust be addressed before they can learn.

Even within the immigrant and refugee student popu-lation, there is diversity regarding English-language abili-ty and educational background. Thus, it is vital thatschool districts create successful learning experiences forthese students that recognize their linguistic, psychologi-cal, socioeconomic, and cultural needs.

School districts are responsible for distributing resourcesto schools, but their decisions are restricted by their boardsof education. For example, in New York, the federal gov-

Educating Immigrant Studentsin Urban Districts

By Shurki Nur and Richard C. Hunter, Ed.D.

excellence in education

ernment provides a minimal amount of funding under theEmergency Immigrant Education legislation. This fundingis designed to support schools that are serving recentimmigrants; however, no resources are allocated specifical-ly to address the needs of immigrant students.

Furthermore, to fulfill the psychological, social, and edu-cation needs of refugee and immigrant students, districtswould first require the resources to identify those needs.

Urban school districts are also confronted with thechallenge of serving diverse immigrant students whospeak a variety of languages. With limited resources, it isnot easy to create programs for a variety of languagegroups if the number of students from any one languagegroup is not adequate to necessitate a separate class,causing school districts to generalize the needs of variousgroups (Clarkson 2008).

If immigrant and refugeestudents are to be educatedeffectively, school districtsmust change the way theydo business.

Since the No Child Left Behind Act requires school dis-tricts to disaggregate data according to ethnicity, socioe-conomic status, and gender, districts can report on theachievement of a variety of subgroups. However, disag-gregating data into subgroups does not permit educatorsto examine data based on immigrant and refugee stu-dents’ status or allow them to report these students in aseparate category.

For example, African immigrant students are reportedunder the subgroup of African American students, whichleads to a generalization that prohibits districts fromidentifying the needs of African refugee and immigrantstudents (Clarkson 2008). Asian immigrant students,such as Hmong, Vietnamese, Cambodian, and othersfrom Southeast Asia, are reported as Asian. That broadcategory leads to a generalization of immigrant studentswhose educational experiences and needs are different.

What Are Urban Districts Doing?Some school districts respond to the needs of immigrantand refugee students by creating “newcomer” programs.Hertzberg (1998) conducted an ethnographic study ofRedwood Elementary School, an elementary school in awealthy neighborhood that serves fourth- to eighth-graderefugee and immigrant students from low-income immi-grant families as part of the district’s newcomer program.

Hertzberg learned that the school recognizes the stu-dents’ backgrounds and cultures by weaving elements of

their cultures into the curriculum and promoting anatmosphere of respect and tolerance.

Hertzberg’s findings show that the school’s nurturingenvironment was evident in the way the teachers caredfor their students’ well-being. For example, when afourth-grade teacher noticed that one of her studentsneeded dental care, she discussed the matter with thenurse and got him the dental care he needed. When shediscovered that another student’s glasses were broken,she discussed with his parents the importance of gettinghim another pair of glasses.

By attending to the general well-being of her students,she created an environment in which they were betterprepared to learn. The teachers in the home school thatthe students attend after completing the newcomer pro-gram say that students who come from Redwood arrivewell adjusted and motivated to learn.

The success of such programs also depends on how thedistrict implements them. Providing the funding to createpositive programs that facilitate and enhance English-lan-guage acquisition and that mainstream immigrant chil-dren into the regular school is vital. Hertzberg’s examplealso depicts how schools can attend to the diverse educa-tional needs of immigrant students by focusing on theircultural orientation and connecting the home and school.

Houston Independent School District took anothercourse, adopting the First Things First model developed bythe Institute of Research and Reform in Education. Themodel divides large schools into smaller learning environ-ments that support individual students (Hood 2003).

Lee High School is one of the schools that provideimmigrant students with a small learning environment,grouping 12–18 students to work with a counselor,teachers, a coach, and an administrator. Grouping immi-grant students into a small learning community enablesthe district to provide individualized programs that focusnot only on academics but also on English-languageacquisition skills and personal needs.

The model is reported to increase students’ academicperformance (as evidenced, for example, in increasedscores on the Preliminary Scholastic Aptitude Test) and toenhance parental involvement. The Houston IndependentSchool District model illustrates a positive approach toaddressing the variety of needs of immigrant students.

Other urban districts use a more holistic approachfor attending to the needs of immigrant and refugeestudents by creating multicultural and bilingual educa-tional programs, emphasizing multicultural education,creating dropout prevention programs geared towardthese students, and employing a psychologist to pro-vide support service.

RecommendationsTo educate immigrant and refugee children successfully,districts must hire teachers that are knowledgeable about


the students’ diverse cultural backgrounds and can weavetheir cultures into the curriculum. Delpit (2001) empha-sizes the importance of educators’ understanding differ-ences in educational attainment, achievement, and schoolexperiences. By understanding these factors, teachers canbe aware of limitations, expectations, cultural back-grounds, and educational goals that will affect the out-come of their students.

Also, having a curriculum that reflects and encour-ages “home language and cultural skills that maintainconnections to family and community and at the sametime support the development of linguistic and culturalskills that are appropriate to the new society” is impor-tant to validating immigrant students’ language and cul-ture (Feinberg 2000, p. 224). In other words, educatingimmigrant students more effectively requires an approachthat encompasses valuing diversity and building strongconnections between the students’ culture and theschool culture (Clarkson 2008).

Fullan (1995) raises the notion of moral purpose inwhich he prescribes that teachers be committed to mak-ing a difference in the lives of all students. That calls for a change in the traditional role of teachers to one n which teachers are also counselors and mentors asopposed to just teachers. Fullan’s notion of teacher lead-ership is a vital and brilliant idea because teachers havean effect on learning in the classroom as well as in the community.

Beyond academics, many teachers feel unpre-pared or unable to adequately meet the psychosocialneeds of students (Stewart 2007). School districts shouldcreate experts from the ranks of district personnel, suchas psychologists, counselors, and others who are familiarwith the educational needs of children exposed to wars,and thereby establish effective programs that focus onthe psychological, social, and academic needs of theimmigrant children (Feinberg 2000).

School leaders must ask whether students of diversebackgrounds are receiving adequate education that isculturally relevant while meeting the educational needsof each child. Shields (2003) suggests that school lead-ers examine the inequities in schools and address thoseinequities by creating a democratic school and class-rooms. That requires school leaders to be transforma-tive and to create spaces where voices of marginalizedgroups are heard and where schools value and nurturethe diverse cultures of all groups within the school andcommunity.

If immigrant and refugee students are to be educatedeffectively, school districts must change the way they dobusiness. Indeed, if public schools are to prepare all ouryoung people to participate in and contribute fully in oursociety, school districts must create policies and proce-dures that specifically address the educational needs ofrefugee and immigrant students.

ReferencesClarkson, L. M. 2008. Demographic data and immigrant studentachievement. Theory into Practice 47 (1): 20–26.

Delpit, D. D. 2001. The silenced dialogue: Power and pedagogyin educating other people’s children. In Education: Culture, econ-omy, society, ed. A. Halsey, H. Lauder, P. Brown, and A. Wells.Oxford: Oxford University Press.

Feinberg, R. C. 2000. Newcomer schools: Salvation or segregatedoblivion for immigrant students? Theory into Practice 39 (4):220–27.

Fullan, M. 1995. The school as a learning organization: Distantdream. Theory into Practice 34 (4): 230–35.

Hertzberg, M. 1998. Having arrived: Dimensions of educationalsuccess in a transitional newcomer school. Anthropology &Education Quarterly 29 (4): 391–418.

Hood, L. 2003. Immigrant students, urban high schools: Thechallenge continues. ERIC Document No. ED 480 677,Educational Resources Information Center.

Shields, C. 2003. Good intentions are not enough:Transformative leadership for communities of difference.Lanham, Md.: Scarecrow Press.

Stewart, J. L. 2007. Children affected by war: A bioecologicalinvestigation into their psychosocial and educational needs. Ph.D.diss., University of Manitoba.

Shurki Nur is a graduate student in educational administrationat the University of Illinois at Urbana-Champaign.

Richard C. Hunter, Ed.D., is a professor of educational adminis-tration at the University of Illinois at Urbana-Champaign. Email:[email protected]



Compensatory Services andStudents with DisabilitiesBy Allan G. Osborne, Jr., Ed.D., and Charles J. Russo, J.D., Ed.D.

legaland legislative issues

Compensatory

services, like

reimbursements,

make up for the

inappropriate

education students

received while

placement issues

were in dispute.

Students with disabilities are entitledto a free appropriate public educa-tion (FAPE) under the Individualswith Disabilities Education Act

(IDEA). If school officials fail to provide stu-dents with a FAPE, the courts may grantappropriate relief (20 U.S.C. § 1415[I][2]).

Courts often direct educators to providestudents with disabilities with a FAPE and tocompensate parents for expenses associatedwith obtaining the services that their childrenlost, such as tuition. Courts have also grantedawards of compensatory educational servicesto students whose parents were unable to payfor placements in advance.

Judicial awards of compensatory serviceshave extended students’ eligibility for yearsafter they graduated or reached the maxi-mum age of eligibility under the IDEA orstate laws, have included extra services dur-ing academic terms, and have added servicesduring vacation periods. Moreover, as reflec -ted by a case from Georgia, Draper v. Atlan -ta Independent School System (2008), theEleventh Circuit affirmed that a schoolboard had to place a student in a privateschool since officials failed to provide himwith a FAPE.

In light of Draper, this column reviewscompensatory services awards. The first sec-tion reviews the types of compensatory serv-ices awards that courts have granted, whilethe second analyzes the Eleventh Circuit’sjudgment in Draper. The final substantivesection offers suggestions for school businessofficials and other education leaders whomust plan and budget for such awards. Thecolumn rounds out with a brief conclusion.

Compensatory ServicesIn Burlington School Committee v.Department of Education, Commonwealth

of Massachusetts (1985), the SupremeCourt interpreted the IDEA as permittingparents to be reimbursed for unilaterallyenrolling their children in private schools ifeducation officials failed to provide a FAPE,as long as the placements were found to beappropriate. The Court reasoned that reim-bursement essentially required boards topay costs retroactively that they shouldhave incurred initially, had educators devel-oped appropriate individualized educationprograms (IEPs) for the students. If reim-bursements were unavailable, the Courtexplained, the students’ rights to a FAPEwould otherwise have been compromised.

Following Burlington, Congress amendedthe IDEA by including provisions that allow -ed for reimbursement awards as long asparents met certain conditions, such as givingschool boards prior notice of their dissatis-faction with proposed IEPs (20 U.S.C. §1412[a][10][C]). Lower courts have appliedBurlington in upholding awards of compen-satory educational services.

If school boards fail to provide a FAPE andparents lack the financial means to obtainalternate services, or for whatever reasonhave not procured them privately, childrencan remain in inappropriate programs forextended periods while administrative hear-ings are pending. As a result, since studentscan be denied a FAPE during the appealsprocess, judicial awards often provide theonly viable remedy. The purpose of compen-satory services, which are usually providedwhen students would otherwise have beenineligible for services, is to make up for whatthey lost and put them in the positions theywould have been in had officials providedappropriate IEPs at the outset.

Compensatory services, like reimburse-ments, make up for the inappropriate edu -

cation students received while place-ment issues were in dispute. The the-ory behind awarding compensatoryservices is that appropriate remediesshould not be limited to parents whocan afford to provide their childrenwith alternate educational placementswhile litigation is pending (Lester H.v. Gilhool 1990; Todd D. v. Andrews1991; Manchester School District v.Christopher B. 1992). Although com-pensatory services must be generallyequivalent to the services studentswere denied (Valerie J. v. Derry Coop -erative School District 1991), partiescan recover awards even after studentspass the maximum age for eligibilityunder the IDEA (Pihl v. Massa chusettsDepartment of Education 1993; Stateof West Virginia ex rel. Justice v.Board of Education of the County ofMonongalia 2000).

An early case from the EleventhCircuit treated tuition reimbursementand compensatory services awards asbeing similar. The court affirmed thatsuch awards were analogous becauseboth were necessary to preserve stu-dents’ rights to a FAPE (JeffersonCounty Board of Education v. Breen1988). The court maintained thatabsent compensatory services awards,student rights under the IDEA wouldhave depended on the ability of theparents to obtain services privatelywhile due process hearings pro-gressed.

Earlier, the Eighth Circuit upheldan award of compensatory services toa father who could not afford to payfor services during the lengthy courtbattle (Miener v. Missouri 1986). Ingranting the award, the court addedthat Congress did not intend for therights of students to depend on par -en tal ability to pay for the costs ofplacements. Later, an Ohio courtcom mented that if compensatoryservices were unavailable, the parentswould have won a Pyrrhic victorybecause the child’s right to a FAPEwould have been illusory (Cremeansv. Fairland Local School DistrictBoard of Education 1993).

Even though receipt of a highschool diploma generally signals theend of students’ eligibility for specialeducation, individuals may receivecompensatory services after theygraduate. For example, the federaltrial court in Massachusetts awardedcompensatory services to a studentwho earned a high school diploma,determining that she was denied aFAPE (Puffer v. Raynolds 1988). Thecourt noted that the student’s havingearned a diploma was evidence thatshe succeeded despite the shortcom-ings in the education she receivedrather than that she had no need forservices. The court thus ordered offi-cials to provide the student with serv-ices equal to those she should havereceived before her graduation.

Draper v. AtlantaIndependent School SystemDraper v. Atlanta IndependentSchool System (2008) began when astudent in Georgia who had difficultyreading and writing entered the sys-tem in second grade. Even though histeachers recommended that he betested, officials did not do so untilthe student was ready to enter thefifth grade.

After being evaluated, the studentwas placed in a self-contained special-education class for children with mildintellectual disabilities and was notreevaluated until he was in highschool, almost five years later, eventhough the IDEA calls for annual andtriannual reevaluations (20 U.S.C. §§1414[a][2][B][ii], 1414[d][4]). Thereevaluation revealed that the studenthad learning disabilities rather thanmild, intellectual disabilities. Officialsthen proposed an IEP calling for thestudent to be placed in a general edu-cation setting with an instructionalcomputer program. However, theinstructional computer program wasnot implemented in a timely manner,another violation of the IDEA.

Dissatisfied with their son’s place-ment, his parents requested a hearingat which an administrative law judge

observed that school officials failed toprovide him with a FAPE since hewas misdiagnosed and not reevalu-ated in timely fashion. The adminis-trative law judge awarded the parentsreimbursement for the costs of areading program that they providedprivately along with compensatoryservices. Rejecting the offer of com-pensatory education, the parentschose a private school option.

The school board unsuccessfullychallenged the administrative lawjudge’s order in a federal trial courtin Georgia (Draper v. AtlantaIndependent School System 2007).The court held that the student wasentitled to an award to compensatehim for the board’s denial of a FAPE.Deciding that the award had to offerthe student the services he shouldhave received at the outset, it agreedthat the private school program wasan appropriate option. Further, thecourt recognized that the student wasentitled to attend the private schooluntil the year 2011, or until hereceived a high school diploma,whichever came first.

On further review in Draper(2008), the Eleventh Circuitaffirmed that because officials failedto provide the student with a FAPE,the private school was an appropri-ate setting. According to the court,if the judiciary were unable to makethe prospec tive award, the studentwould have been worse off than hewould have been with a retroactiveaward of reimbursement. The courtpointed out that the IDEA does notrequire families that lack resourcesto place their children unilaterally inprivate schools to first prove thatthe public schools were unable toeducate their children adequatelybefore making such placements.Although the court acknowledgedthat the provisions of the IDEA pre-ferred having special-education stu-dents placed in public schools, itwrote that the law does not fore-close compensatory awards in pri-vate schools.

LEGAL AND LEGISLATIVE ISSUES


LEGAL AND LEGISLATIVE ISSUES


The Eleventh Circuit ruled thatcompensatory damages awards differfrom the educational programs ordi-narily required by the IDEA. Putanother way, the court thought thatwhile an IEP need only provide someeducational benefit, compensatoryawards must do more: they shouldplace students in the positions theywould have been in but for the viola-tions of their IDEA rights. Inconclusion, the court upheld the pri-vate school placement as reasonablycalculated to provide the educationalbenefits that the student would likelyhave had if officials initially offeredhim an appropriate IEP.

DiscussionWhen school boards fail to providestudents with a FAPE, they mustcompensate them for not doing so.When parents unilaterally providetheir children with special-educationand related services privately, thesolution is fairly straightforward:boards must reimburse them for theirexpenses. How ever, if parents cannot,or do not, obtain private serviceswhen officials fail to comply with theIDEA, parents, acting on behalf oftheir children, are entitled to awardsof compensatory services.

Fashioning awards of compensatoryservices can be difficult. Provi ding theexact services in the future that shouldhave been supplied in the past is notalways feasible or even appropriate.By the time courts grant awards, stu-dent needs may have changed. Inother words, several years down theroad, it may take more to make stu-dents whole than it would have if theservices had been provided from theoutset since they may have fallen fur-ther behind. Consequently, courts tryto mold awards to put students in thepositions they would have been in hadthey received a FAPE initially.

Compensatory services awards foryounger students may give them addi-tional services in excess of what theywould have received to make up forpast deprivations. For example, if a

student misses two years of occupa-tional therapy, a court may order aschool board to “double up” on thechild’s therapy for the next two years.Other students may be given extendedschool year services so that their loss-es are made up during summermonths and vacations. Older studentsmay have their eligibility for specialeducation extended beyond the nor-mal limit to receive IDEA services.Even so, providing compensatoryservices may not be as expensive asmight be feared since they can be pro-vided by existing staff at minimal costbecause those providing the servicesare already employed by the boards.

Draper highlights the fact thatcourts can order boards to pay forplacements in private schools if theyare necessary to remedy past depriva-tions. In Draper, the court treated theboard’s failure to provide a FAPE asparticularly egregious since educatorsfailed to evaluate the student when hefirst exhibited difficulty, misdiagnosedhim, offered incorrect services, andcompounded the error by not reevalu-ating him pursuant to the IDEA’smandates with the result that he wasdenied a FAPE for most of his schoolyears. Thus, the courts agreed that theonly way to remedy the situation wasto provide the student with an inten-sive program that extended beyondhis usual years of eligibility.

ConclusionAwards of compensatory educa-

tional services, like those for tuitionreimbursement, can catch schoolboards off guard since they are gener-ally neither anticipated nor includedin budgets.

Not surprisingly, since compensa-tory services awards can deplete spe-cial-education budgets, the most cost-effective means of providing special-education and related services is tomake them available up front. To thisend, school business officials andother education leaders need to workwith both special-education adminis-trators and school boards to ensure

that the annual allocations for special-education services are adequate tomeet the needs of all their students.Making sure that funds are availableto meet those needs from the begin-ning may avert costly budget-break-ing awards in the future.

ReferencesBurlington School Committee v.Department of Education, Commonwealthof Massachusetts, 471 U.S. 359 (1985).

Cremeans v. Fairland Local School DistrictBoard of Education, 633 N.E.2d 570(Ohio App. Ct. 1993).

Draper v. Atlanta Independent SchoolSystem, 480 F. Supp.2d 1331 (N.D. Ga.2007); affirmed, 518 F.3d 1275 (11th Cir.2008).

Individuals with Disabilities EducationAct, 20 U.S.C. §§ 1400 et seq. (2005).

Jefferson County Board of Education v.Breen, 853 F.2d 853 (11th Cir. 1988).

Lester H. v. Gilhool, 916 F.2d 865 (3d Cir.1990).

Manchester School District v. ChristopherB., 807 F. Supp. 860 (D. N.H. 1992).

Miener v. Missouri, 800 F.2d 749 (8th Cir.1986).

Pihl v. Massachusetts Department ofEducation, 9 F.3d 184 (1st Cir. 1993).

Puffer v. Raynolds, 761 F. Supp. 838 (D.Mass. 1988).

State of West Virginia ex rel. Justice v.Board of Education of the County ofMonongalia, 539 S.E.2d 777 (W.Va.2000).

Todd D. v. Andrews, 933 F.2d 1576 (11thCir. 1991).

Valerie J. v. Derry Cooperative SchoolDistrict, 771 F. Supp. 483 (D. N.H. 1991).

Allan G. Osborne, Jr., Ed.D., is an adjunct professor of school law atAmerican International College inSpringfield, Massachusetts. Email:[email protected]

Charles J. Russo, J.D., Ed.D., PanzerChair in Education in the School ofEducation and Allied Professions andadjunct professor of law at the Universityof Dayton in Dayton, Ohio, is chair of theASBO Editorial Advisory Committee andvice chair of ASBO’s Legal AspectsCommittee. Email:[email protected]


Surface IssuesPlayground surfaces aren’t usually at the top of the critical issue list for schooldistricts. Yet, the type of surface installed is important in terms of safety, main-tenance, and finances. The following is an excerpt from an article published inSchool Business Affairs in 1936. Written by H. S. Mitchell, business managerfor the Fordson (Michigan) Board of Education, it discusses the importanceof a solid, economic playground surface.

looking back, looking forward

That a playground should be easily accessible and properly equippedgoes without saying. We are only concerned here with the type of play-ground surfacing which is most desirable.

One of the most important requirements is that a playground should be in ausable condition as nearly 100% of the time as possible.

It is our opinion that this result will be accomplished when the field is properlygraded, adequately drained, and surfaced with a suitable material.

In the matter of grading, we have found that one inch to ten feet is very satisfacto-ry. It is important that the highest point be at the building, and that the fall of theground be away from the building in all directions if possible; and, where the dis-tance to the outer edge is more than three hundred feet, it is advisable that a draintile be used to assist in taking the water away quickly.

The drain tile trench should be deep enough so that the tile at the shallowestpoint will be below the frost line, and the tile should be laid with a grade of one-halfinch to ten feet. The tile drains on the playground proper empty into a main tiledrain, which should be laid around the outer edge of the playground, and whichshould empty into the storm sewer through a stump at the most advantageous loca-tion. The tile ditch should be filled to the main grade with course aggregate such asstone or cinders, and well tamped so that there will not be any settling which willshow the outline of the drain….

After the grading and drainage systems have been finished, and the ground hasbeen properly settled or packed, the field is ready for top surfacing. A good play-ground surfacing material must provide a certain amount of resiliency to minimizedamage when pupils fall; it must not absorb moisture; and it should be economicalin cost. The only material which we have found that meets these requirements islimestone slag, which is the residue of limestone after it has passed through the steel-making process. Our material specifications require that the slag be from one-eighthto one-half inch in size with 50% passed through a one-quarter mesh screen andfree from dust.

The limestone slag should be applied over the entire playground surface at aneven depth of one inch….We have found that this surface requires very little mainte-nance; however, where the playground activity is concentrated, as around apparatus,it is advisable to float the surface occasionally.

This type of surface reduces to a minimum the amount of cleaning work neces-sary because of playground dirt and dust. The material does not absorb moisture oradhere to the shoes or clothing, and, if the grading and drainage are properly con-structed, the surplus water will be taken away almost immediately, so that the play-field can be used very soon after a rain.

Due to the fact that limestone slag is a byproduct of the steel manufacturingprocess, and our proximity to the steel mill, we have found it to be exceptionallyeconomical.

While the scope of their dutiesvaries based on a number offactors, under any circum-stance, the day of a school

business official includes an array of challenges,each competing for the SBO’s time. Your under-standing of what school business officials gothrough on any given day is central to your abil-ity to position yourself as a solution to thosechallenges. So let’s take a look at a typical day:

5:30 a.m. – Trudging downstairs to startthe coffee, she opens the newspaper to glanceat the headlines, checks email to locate issuesrequiring immediate action, and then headsupstairs, past her slumbering husband, to theshower.

7:45 a.m. – She arrives to her desk. Thevoicemail reveals the main server at a highschool has crashed again. Maybe new serverscan’t wait for 2011 after all.

8:30 a.m. – Ten minutes on the phone withan irate parent who says her child’s specialnutritional needs are not being taken seriously.

8:45 a.m. – She calls the superintendent toreview progress on an upcoming renovation.Yes, the architect is on schedule. No, theschool board hasn’t signed off on the expen-ditures.

9:00 a.m. – First teleconference on the2009-10 budget and no one is buying theidea that synthetic-turf fields will recoup theircosts within three years. Wait until she tellsthem healthcare costs will rise by 15%.

11:00 a.m. – She sets to work on the pro-posed bond issuance for the 2010 capitaloutlay and immediately feels her assistant’sglare: The performance appraisals. “I knowaccounting needs them today, but I reallyshould read them first.”

12:00 p.m. – Over a tuna-sandwich lunch,she’s catching up on reading when a coun-selor breaks the serenity: A student has beenclassified “homeless,” requiring transporta-

tion and from his grandparents’ house 40miles away. The phone rings. It’s Bill, a sales-man for a scheduled call on modular furni-ture for the aforementioned renovation.“Sorry Bill,” she says, “reschedule for 3:00p.m.?”

2:00 p.m. – Did she really just spend twohours on the transportation needs of one stu-dent? Closing the door, she pulls up the RFPfor the furniture Bill had called about. Shetakes an inventory of specifications from per-sonnel, realizing no one even consideredcosts. Why haven’t they created a system totrack specifications and costs of past projects?

3:00 p.m. – Bill calls back, delivering greatnews. Material costs for the furniture havedropped substantially and he’s also found afederal grant rewarding the use of sustainableproducts. Bill will email the details.

4:00 p.m. – Three colleagues arrive for ameeting on a new drivers’ education facility.The phone rings. School’s letting out all overthe district so she has to answer. It’s Phyllisfrom a paper company she isn’t familiarwith. Phyllis wants to visit. It’s “not a goodtime.” She persists. Two of the colleaguesstep out of the room. End of meeting.

5:30 p.m. – She promised to meet her hus-band at the gym, but can’t leave before nar-rowing a stack of job applications to three.Then, she types email answers to three sup-pliers, another to accounting, begging for aone-day reprieve on the performanceappraisals. She texts her husband for 10minutes of grace, grabs her coat, and noticesan email from Bill on the sustainable-prod-uct grant. She smiles: “Too bad Bill doesn’tsell computer servers.” She’s on her cellphone with the IT coordinator as she walksout the door.

There you have it. Now, where do you seeyour company fitting in?

A Day in the Life of a School Business Official

The school business

official's typical day

includes an array of

challenges you may

be able to help him

or her address.


corporatecorner

Spotlight on Dave Janak:Overseeing School Finances in South Dakota


While Dave Janak hasalways been interestedin education, the first

20 years of his career were spentin banking and financial services.

After being elected to the RapidCity (SD) Board of Education in

2003, he served as chairman of thefinance committee. When Dan Dryden (a former ASBOInternational director) retired from the district’s busi-ness office in 2006, Dave applied and was accepted totake over. He has been serving as the director offinance for budget and community development eversince.

The second largest school district in a primarilyrural state, Rapid City Area Schools serves 13,151 stu-dents in K-12. Dave notes that he has not found manydistricts that also have to manage the post-secondaryprogram, which in Rapid City includes 959 students.“This is very unique to South Dakota. It is hard for ourboard members to lobby the state legislators for fund-ing because it often means that they take from one tofund the other. We walk a fine line at the state capitol,”Dave says.

Like the majority of American school districts,budget cuts are a reality. “In the three years since Itook this position, we have faced budget cuts in two ofthem,” Dave explains, adding that in the 2008-09budget, $2.6 million was removed, and in the proposed2009-10 budget, an additional $2.9 million was cut. Ithas helped that the district developed a very openprocess to deal with the budget. “We work with build-ing staff, the public, and budget managers before wepresent to the board,” Dave says. “The board estab-lishes the priorities, and we make every effort to workwithin those. It is never easy, or unanimous, but wehave managed to get the budget approved and sup-ported by the staff, board, and public.”

Dave is very proud of the process that has been cre-ated to deal with the budget. Although they are stillmaking changes, it is much more open than it hadbeen. Dave and his staff are using the MeritoriousBudget Award guidelines to redesign the documentand make it more user-friendly. After putting manyhours into this effort, it is slowly paying off.

“I have never been as challenged every day when Icome to work as I am in this career,” Dave says. “I wish Ihad become a business manager 20 years ago—I love it!”

Students Speak Up about Technology

Although parents, teachers, and administrators support the notion that effective implementation oftechnology in schools is crucial to student success, students say they “step back in time” when they

enter the school building each morning, according to the 2008 Speak Up survey by Project Tomorrow.Speak Up 2008 polled more than 280,000 K-12 students in all 50 states to better understand how

emerging technologies.The survey highlighted the frustration that many students have with school today. Only 39% of high stu-

dents and only 32% of parents in the Speak Up poll said their school is doing a good job preparing themfor the jobs of the future. Yet, a majority of school principals (56%) say their schools are doing a good job.

When asked how their schools could make it easier for them to work electronically, the number oneresponse from the students was “let me use my own devices and tools in the school day.”

Through Speak Up, students consistently reported they are inhibited from effectively using computersor the Internet at school. Besides lack of time at school to use technology, students in grades 6–12reported their technology use is impeded by the school filters or firewalls that block access to Websitesthey need (43%), teachers who limit their technology use (35%) and rules that limit their use of technologyat school (26%).

One-third of the grades 3–12 students say that their inability to use their own mobile devices such as lap-tops, cell phones, and MP3 players, and communicate with their classmates via personal email accounts orIM while at school is also a significant obstacle in their learning lives.

One idea students and parents are both interested in is the digital textbook; almost 30% of middle andhigh school students said they are using some kind of online textbook or online curriculum as part of theirregular schoolwork. Many of today’s print textbooks are heavy, costly, and difficult to carry back and forthfrom home to school. And for many students the idea of using a hard copy textbook that is out of date assoon as it is printed is as archaic in today’s world as the abacus in a math class.

For more information about the survey, visit www.tomorrow. org

Not all chocolate milk tastes the same. Especially if over time, tight budgets have impacted the quality of your school’s milk. There can be a big difference between the chocolate milk sold in stores and what many students are drinking in schools today.

Research shows that the richer the taste, the richer a school’s food service program.Investing in yummier milk means higher sales, less waste – and fewer kids drinking sugary sodas and fruit drinks. Plus, drinking flavored milk increases kids’ intake of vital nutrients without increasing added sugars or total fat.

For more healthy information about students and flavored milk, visit milkdelivers.org today.

Now taste for yourself. Sample what your school district is buying, compare it to the chocolate milk on store shelves. Then put your money where your chocolate milk mustache is.

Talk to your local milk processor about better-tasting flavored milk for your school.

Not all chocolate milk is created equal.

© 2009 America’s Milk Processorsgot milk?® is a registered trademark of the California Milk Processor Board

INGOne Orange WayWindsor, CT 060951-866-955-4032www.ing.com/us/education

It’s never too early to begin learning about finances. That’s why wesupport programs that help kids and young adults begin their financiallives. We believe that the earlier they start saving for themselves andretirement, the earlier we can help them achieve their goals.

Your future. Made easier.SM

RETIREMENT • INSURANCE • INVESTMENTS

ASBO International is not a member of the ING family of companies. Products and services are offered through the ING family of companies. Please log on towww.ing.com/us for information regarding other products and services offered through the ING family of companies. Not all products available in all locations.© 2009 ING North America Insurance Corporation C09-0324-019

We think right after recess is the perfecttime to start learning about retirement.

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