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Articles tagged with PSBA

Education organizations call on U.S. Supreme Court to curb lengthy IDEA litigation

The National School Boards Association (NSBA), joined by the Pennsylvania School Boards Association (PSBA) and the National Association of State Directors of Special Education (NASDSE), today filed a “friend of the court” (amicus) brief in the U.S. Supreme Court in the case of M.R. v. Ridley School District. At issue in the case is whether school districts must continue paying for a student’s private placement once a court finds the school district provided the child with a free appropriate public education (FAPE). Under the stay-put requirement in the Individuals with Disabilities Education Act (IDEA), school districts must pay for a disabled child’s current educational placement while legal proceedings continue to resolve a dispute between parents and schools.

The groups urge the Court to review the decision of the U.S. Court of Appeals for the Third Circuit extending the stay-put obligation through completion of all appeals—a departure from previous court rulings that limited the stay-put obligation only until a trial court issued a decision.

The amici argue that the Third Circuit’s decision risks inflicting significant harm on school districts and the students they serve. By extending school districts’ obligation to pay for private school placements until all appeals are exhausted, the decision creates an incentive for parents to prolong litigation rather than to work collaboratively with school districts to resolve disputes without delay; the increased liability for private tuition and legal fees from needlessly prolonged litigation imposes an untenable burden on the already-strained budgets of local school districts and diverts resources away from providing educational services to all children. The brief contends that one legal dispute could mean hundreds of thousands of dollars expended on an unnecessary placement and legal fees and innumerable hours of professional educators’ time spent in legal proceedings rather than the classroom.

“Parents and educators should collaborate to develop appropriate education plans for student with disabilities and to resolve disagreements quickly,” said Thomas J. Gentzel, NSBA’s Executive Director. “Schools should not be forced to spend public funds intended to provide educational services to all children on an unnecessary placement for one child or on increased legal fees caused by excessive litigation.”

“IDEA requires school districts to provide a child with disabilities a free appropriate public education, not to fund the parents’ preferred private placement,” said NSBA Associate Executive Director and General Counsel Francisco M. Negrón, Jr. “Once a district court determines that a school district has provided FAPE, its obligation to pay for the stay-put placement should end.”

According to Negrón, the Third Circuit ruling requires immediate Court resolution: “We risk violating the public trust when we prolong expensive private school placement at public expense. Granting review of this important case would serve the needs and interests of many children, not a select few.”

Alexis Rice|July 29th, 2014|Categories: School Boards, School Law, Special Education|Tags: , , , , , |

State school boards associations offer support and resources after Newtown school shootings

When word arrived that a number of students and adults had been gunned down at Sandy Hook Elementary School in Newtown, Conn., the staff at the Connecticut Association of Boards of Education (CABE) recognized the need to offer immediate support to that town’s school board.

So, by the next morning, a crisis communications expert on contract with CABE was in Newtown to help school leaders with the media frenzy that descended on the school system—and to help provide whatever comfort and reassurances the district could provide to a shocked and distraught community.

“She was with the superintendent through most of Saturday [the day after the shooting],” says CABE Executive Director Robert J. Rader. “We also reached out to the school district that was going to take in some of those kids from Sandy Hook,” which was closed immediately after the shootings.

Meeting the needs of school boards was clearly on the minds of state school boards associations across the nation in the aftermath of the Dec. 14 shootings, the deadliest mass killing at a K-12 public school since a 1927 bombing in Bath, Mich. At Sandy Hook, 20 children—ages 6 and 7—and six adults died at the hands of a 20-year-old armed with an assault rifle and two handguns.

None was as proactive in the hours after the tragic shootings, however, than CABE, whose headquarters is only 50 miles from Sandy Hook.

In addition to offering its services to the Newtown school board, CABE rushed to post a “Dealing with Tragedy” webpage that listed resources for school boards seeking guidance on how to talk to students and parents about the shootings, as well as tips for dealing with the media and reviewing school safety measures. The new webpage was posted by Sunday evening, about 48 hours after association officials first learned of the shootings.

“We wanted people to have this information before school started on Monday,” Rader says.

In days following the shootings, many state associations found the most immediate need of local school leaders was to reassure the public that their community schools were safe—and that sound security practices were in place in each school.

Mirroring the quick response of CABE, the Kentucky School Boards Association (KSBA) quickly posted a new webpage with a list of more than 50 online resources that school boards could access to help them with school safety issues and to respond to student, staff, and parent concerns about the shootings.

“We sent [a notice of the list] to every superintendent, every school board member, every school communications person that we had emails for in the state,” says Brad Hughes, director of member support services director for KSBA.

KSBA also provided regular reports on its online news service about media coverage of the shootings and how Kentucky school boards were responding to the incident. The goal, Hughes said, was to allow school officials to learn more about how their peers statewide were handling media attention and public concerns.

In Colorado, where school safety has been on the minds of school officials since the tragic 1999 shootings at Columbine High School, school boards are well versed in school safety issues and haven’t expressed much concern about reviewing their school safety plans, says Kristine Woolley, director of communications for the Colorado Association of School Boards (CASB).

The most immediate concern among school leaders was to reassure the public about the safety of their schools, she says. Much of the communications among local school districts has taken place on a private list serve of school public relations directors.

“They are the ones who are information-sharing,” she says. “It’s a pretty active group. They’ve been talking: ‘I’ve got this issue in my district,’ and everybody jumps on board with ‘This is what we did in the past’ and ‘Here’s as sample of what we did’ or ‘Here’s how we responded.’”

The Missouri School Boards Association (MSBA) and the Missouri Department of Public Safety established the Missouri Center for Education Safety a few years ago. This partnership provides school safety expertise and resources to Missouri school districts. It is headed up by Paul Fennewald, the former director of the Missouri Office of Homeland Security. Brent Ghan, chief communications officer for MSBA interviewed Fennewald this week. The interview is posted on the MSBA website and on YouTube.

The Massachusetts Association of School Committees also has made available information about school safety issues, says Michael Gilbert, a MASC field director who consults with school boards. He says much of the conversation he’s heard among school leaders has centered on what steps schools already have taken to improve school safety—and the need to communicate that to the public.

One reason the state’s school officials are more confident in speaking to the public was that a new state mandate required an update of school security measures to include a first-response plan involving police, fire, and medical agencies, he says.

“Following Columbine, I watched the overreaction of many of our school boards to the immediacy of some of the information that came from that tragedy,” he says. For example, after some media accounts reported the shooters had worn trench coats, some school boards started banning these coats from schools.

“I’m not seeing that type of overreaction today,” Gilbert says. “I think our members are being much more thoughtful.”

In Pennsylvania, most school boards appear to have matters well in hand, says Steve Robinson, director of public relations for the Pennsylvania School Boards Association (PSBA). “Many school districts have been proactive in contacting parents in some way, whether through automated calling systems or postings on their websites—just to remind parents of what procedures exist, to alleviate the fears that parents have, to remind them that their schools are safe.”

The similar experience is reported by the New York State School Boards Association, where Deputy Director of Communications Barbara Bradley says there hasn’t been an “uptick in calls” since the shootings.

“We saw that school districts were being proactive in getting messages out to their communities—that they were reviewing their security measures and making sure everything was in place,” she says. “And they’re reassuring parents in the community that the schools were safe.”

One of the more positive responses to the Sandy Hook tragedy came a few days after the shootings when OSBA was invited by state Attorney General Mike DeWine to participate in a new state initiative to review school safety.

“It’s encouraging that the Ohio Attorney General’s Office reached out to us and wants to include us in the conversation,” says OSBA Executive Director Richard Lewis.

As it happens, OSBA has developed a new school safety consulting program, led by the former head of the National Association of School Resource Officers. It’s a program that Lewis says was garnering interest from school boards even before the Sandy Hook tragedy.

“I suspect this is going to create so many conversations,” he says. “So many people are going to be looking for answers and solutions.”

One issue that OSBA hopes will be part of the conversation is the need to expand mental health services—for both students and community members, Lewis says. “We think that a key to school safety isn’t so much about coming up with more plans for school lockdowns and evacuations … but rather to spend some time on prevention.”

That thinking already is a part of the conversation in Connecticut, Rader says. CABE has met with a number of education associations and business community representatives to talk about their position on issues that might arise in the next state legislative session. One of those issues is likely to be the access and funding available for mental health services.

“We have a list serve of our school board chairs, and they’ve been discussing these issues and what they want to do in their own districts.”

State association officials say the repercussions of Sandy Hook will not be fully clear for some time. But many report a gratifying sense of camaraderie and mutual support among school boards across the nation. OSBA, for example, shared a message with CABE and the Newtown school board that an Ohio school board member—whose district also had endured a school shooting—was passing along her email and telephone number if she could help.

“It speaks volumes about the compassion that school board members have for one another,” Lewis says.

Del Stover|December 20th, 2012|Categories: American School Board Journal, Crisis Management, School Security, State School Boards Associations|Tags: , , , , , , , , , |
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