WVSBA The Legislature

March 2, 2007 - Volume 27 / Issue 15

Overview Info

Stats

Day of Session 52
Days Remaining 8
Bills Introduced (as of Feb. 8) 2,035

 

Quote:“Please deal with this with caution …” Lincoln County resident John Smith addressing a continent of West Virginia Board of Education regarding eventual control of Lincoln County Schools to the local board.

Inside


News

 

MetroNews Affiliate WAJR-AM Radio News in Morgantown is reporting a number of teachers and school service workers in Monongalia County will take a simultaneous day off next week, a 'blue flu,' meant to send a message to state lawmakers.

"They want to do this now, before the session goes out to tell them that they're not happy with the 3.5% increase that is now before the State Senate," says WAJR-AM News Director Shawn Falkenstein. He says the teachers and school service workers who will be involved do not think the 3.5% proposed increase is sufficient.

"It will not include any picketing," says Falkenstein on what form the day off will take. "It's not being organized by the unions. It's kind of a grassroots effort by these teachers to send a message, they say, to the lawmakers who are still in session."

There are no indications, at this point, of how many school service workers and teachers in Monongalia County will participate. Reports indicate the scheduled day for the demonstration is Tuesday.

In separate events, an informational picket involving school service workers and teachers will be held prior to the West Virginia University-Cincinnati game at the Coliseum in Morgantown on Saturday. Teachers from a dozen counties will rally at Bridgeport High School in Harrison County on Saturday as well.

The Governor had proposed a 2.5% pay increase for teachers in his State of the State Address, an amount increased by a percentage in the House of Delegates.
Source: Metro News –WAJR-AM Radio News/Morgantown, Monongalia County - March 1, 2007

 

New procedure termed one designed to provide more confidence in grievance system

The House Government Organization Committee has approved Senate Bill 442, which would result in a major overhaul of the state’s grievance procedure for education employees and state workers, creating the West Virginia Public Employees Grievance Board (WVPEGB).

While the committee actually did not debate the bill, Del. Joe Talbott, D-Webster, posed several questions to committee counsel Brenda Thompson and Senate Government Organization Counsel Noelle Starek.

Talbott’s questions, which he appeared to read from a prepared script,  covered a gamut of issues, including whether the proposed five-member grievance board was too heavily constituted by labor representatives. He argued that this could lead to a citizen member often having to be the tie-breaker if the board became embroiled in “knock-down, dragged-out fights” between those members and “public employer” representatives.

Talbott’s questions covered a gamut of issues, including whether the proposed five-member grievance board was too heavily constituted by labor representatives. He argued that this could lead to a citizen member often having to be the tie-breaker if the board became embroiled in “knock-down, dragged-out fights” between those members and “public employer” representatives.

Starek said that likely won’t be the case, given the history of the working group which produced the conceptual framework for legislation embodied in SB442. The working group appointed by Gov. Joe Manchin considered grievance legislation over the summer. Starek said the working group didn’t decide eventual bill provisions on basis of labor and employees.

He also said a conflict might occur in that the grievance board’s “labor representatives” are identified with groups responsible for “recruiting” members based, in part, on accepting and representing employees in grievance matters, particularly in public education.

Talbott’s other questioning concerned what might occur to current grievance hearing examiners if they were not re-employed by the new board. Under terms of the legislation, it is responsible for hiring administrative law judges (ALJs).

Both Thompson and Starek said existing hearing examiners may be employed by the newly-constituted board. They also said these individuals are will and pleasure employees having existing one-year contracts.

Other committee questions dealt with case or administrative law established by previous hearing examiners’ decisions. According to both Starek and Thompson, these decisions will remain as is and apply to the situations addressed in prior decisions unless or until modified by through future ALJ decisions. 

The committee adopted an amendment to expedite settlement of grievances in process before July 1 when the new law is likely to become effective if passed by legislators and signed by the governor.

Starek and Thompson reiterated points made by the grievance working group in saying the new grievance procedure would be a faster process by eliminating step I (immediate supervisor) and step III (county board hearing for school boards). However, Starek said there likely wouldn’t be any significant data for two or three years to determine trends and patterns – a reference to the bill’s extensive data collection requirements.

Starek and Thompson reiterated points made by the grievance working group in saying the new grievance procedure would be a faster process by eliminating step I (immediate supervisor) and step III (county board hearing for school boards). However, Starek said there likely wouldn’t be any significant data for two or three years to determine trends and patterns – a reference to the bill’s extensive data collection requirements

Starek said proposed Level II (alternative dispute resolution) comes into play only if both parties mutually agree to, meaning that grievances such as competing claims of seniority in public education could go to Level III or adjudication. This is an important clarification, according to Howard M. O’Cull, Ed.D., West Virginia School Board Association executive director.

“For some time, our counsel has been concerned the proposed Level II decisional framework would slow the process because many education grievances are based on statute and often include competing claims regarding the effective date for seniority or statutorily-mandated use of seniority in terms for determining who goes into an employment position. This understanding, if codified in any resulting legislative rules, appears to clear the question,” he said.

The measure some supporters refer to as taking incremental or “baby steps” to more substantive grievance procedure reform in the next few legislative sessions is aimed at expediting the grievance process.

According to members of the governor’s working group, the new procedure is one designed to provide employees and employee interest groups more confidence in the grievance system in that many of the groups have expressed concern that the procedure is skewed toward “management,” based on the number or percentage of grievances decided in favor of county boards particularly.

Under terms of the legislation, a Level I grievance would be filed with the chief administrator or his/her designee. If the grievance isn’t resolved at this level, the matter may go to Level II in terms of alternative dispute resolution upon concurrence of both parties.

If the matter isn’t resolved at Level II, it may be referred to an ALJ at Level III for adjudication.

The final step would be circuit court, with the Kanawha County Circuit Court designated to hear appeals.

The bill also creates a five-member board and includes several provisions regarding process.

While there was some concern the bill would be amended to restrict county boards’ use of attorneys in the grievance process, no such attempt was made in committee, although there could be floor action in this regard, according to O’Cull.

The Senate bill has seven sponsors, including lead sponsor Sen. Ed Bowman, D-Hancock, who served as co-chairman of the governor’s working group along with Del. Dale Martin, D-Putnam.

The bill goes to the House floor as there is no second reference to another committee. The bill, as considered by the Senate, had a second reference to the Senate Finance Committee.

The proposed five-member grievance board would include one person representing the largest education employee organization in the state, one employer  representative from the executive branch, one employer representative from secondary or higher education, one citizen member, who is not a current employee, employer or a representative of employees in a workplace in the public, educational or higher educational sector of this state.

For more information regarding the legislation, refer to previous editions of The Legislature or visit http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/SB442%20SUB2%20eng.htm Editor’s Note: This is the engrossed bill or the measure as having passed the Senate. It doesn’t reflect the House Committee’s amendments.

 

Preparing teachers and students for 21st century life and work in the mix

 

Although the “heavy lifting” is the teacher pay bill, action on the governor’s proposed school safety legislation and school aid formula legislation will occur next week. House and Senate Education Committees have begun in earnest to review measures adopted by the “other chamber.”
The House Education Committee Thursday afternoon adopted three bills, including an amended Senate Bill 603 which relates to the state Board of Education’s 21st Century Schools Technology Initiative.

The committee also adopted Senate Bill 599, a measure that would eliminate the $500 early notification bonus for classroom teachers who give county boards notification of their intent to “resign” at the end of the school year. Under terms of the legislation, the bonus would apply only in cases of early retirement notification.

The bill also was amended to include provisions of House Bill 2918.
As amended, the measure would authorize county boards to pay, “entirely from local funds ($500 or less) to any service employee or to any professional employee who is not a classroom teacher. Written notice to the county board would be required on or before Feb. 1 of the school year.

The committee also adopted Senate Bill 100. As amended, county boards would be required to reimburse school employees who use their own vehicles for work-related purposes. The amount of reimbursement would be not greater than the federal standard mileage rate and the rate authorized by the travel management rule of the Department of Administration.

The committee also adopted Senate Bill 100. As amended, county boards would be required to reimburse school employees who use their own vehicles for work-related purposes. The amount of reimbursement would be not greater than the federal standard mileage rate and the rate authorized by the travel management rule of the Department of Administration.”

The bill has a second reference to the Senate Finance Committee. As with the Senate, no fiscal note was requested or available as to how much the measure will cost, although Josh Sword, who represents the state Federation of Teachers, estimates the cost to be “minimal.” The House Finance Committee is likely to request a fiscal note, according to several sources.

Based on information available at publication time, it would appear Senate Bill 603 is largely intact as it left the Senate. However, House amendments would “fund” county and school electronic strategic improvement plans through use of increased local share dollars of up to 15 percent of these moneys above the amount of increase local share dedicated to Teachers Retirement System.

That language is included in School Aid Formula Step VII which relates to the Foundation Allowance to Improve Instructional Programs. County boards could use the funds, based on another bill section, to employ technology integration specialists “to meet the needs for implementation of the West Virginia 21st Century Strategic Learning Plan” which the legislation requires.

The intent of the legislation, as explained by state Department of Education representatives, is to prepare students for a 21st Century job market and teachers with the skills and abilities to instruct students in how to acquire these skills, including “embedded staff development.”
           
The bill reviewed in several past issues of The Legislature newsletter would require the WVBE to “ensure” resources provided are based on various plans, including a school technology plan that would be “developed by each individual school team and aligned with the goals and objectives” of the state Board of Education plan.
           
Funds would be allocated equitably to county school systems “following peer review” of the plans. The bill includes numerous provisions regarding “rigorous” curricular standards, including skills in the use of 21st century technology tools and learning skills. It is designed to bridge the gap between how students live and how they learn in school.

The curricula also stresses use of digital and emerging technologies to “manage information, communicate effectively, think critically, solve problems, and work productively as an individual and as part of a team.” Other emphases include providing students information about post-secondary schooling opportunities, distance learning, differentiated instructional strategies, technology integration, sample lesson plans, curriculum resources and on-line staff development that enhances student achievement.

Stakeholder groups would be involved in implementing the legislation.
           
More information is available at: http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/SB603%20SUB1.htm
Editor’s Note: This is the latest version of the legislation featured on the Legislature’s Web site.

Senate Education Committee

The Senate Education Committee, also meeting Thursday, approved a number of Concurrent Resolutions, including a measure that would continue study regarding the state school funding formula.

The curricula also stresses use of digital and emerging technologies to “manage information, communicate effectively, think critically, solve problems, and work productively as an individual and as part of a team.” Other emphases include providing students information about post-secondary schooling opportunities, distance learning, differentiated instructional strategies, technology integration, sample lesson plans, curriculum resources and on-line staff development that enhances student achievement.


(Additional resolutions adopted by the committee will be reviewed in the March 5 issue of The Legislature newsletter.)
           
The SEC also approved House Bill 2588 which relates to reimbursing tuition and fees of teachers who are renewing teaching certificates.
               
A second public education bill relates to school service personnel generally. It makes extensive technical and stylistic revisions to §18-5-13, a section of Code that authorizes county boards to undertake certain actions and activities.

House Bill 2189, as approved by the House, would establish vehicle and driver safety requirements for transporting students to a school-sponsored activity, including the use of leased vehicles. The bill also would create the school service personnel classification title for licensed practical nurses. Among other provisions, the bill would modify the process for determining service personnel hiring priority in cases of school mergers or consolidations.

The amended version of the bill will be reviewed in the March 5 edition of The Legislature. The legislative link is: http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2189%20SUB.htm Editor’s Note: This is the latest version of the bill as posted by the Legislature. It may not include final language.

 

CHARLESTON, W.Va. _ The West Virginia Board of Education, the state superintendent and the Lincoln County school board have joined forces in a renewed spirit of cooperation to return Lincoln’s schools back to local control.

“I look at this as a friendly discussion where we look at what it is we need to do and develop what essentially will be a blueprint for moving forward,” state Board of Education President Lowell Johnson said. “If we are on the same page, we can make this work.”

State and local board members, along with a representative from the state superintendent’s office, met Wednesday in Hamlin in the first of several meetings to develop a strategic plan. Unlike McDowell and Hampshire counties, where the state board also has intervened, the Lincoln County Board of Education has not outlined steps it will take to ensure state standards are met so that the state can confidently return control to local leaders.

“This meeting …is a positive step in the right direction,” said Carol Smith, president of the Lincoln County Board.

The state board made the difficult decision to seize Lincoln County schools in 2000 after some 200 deficiencies were cited by the West Virginia Office of Education Performance Audits. Since the takeover, Lincoln County has seen improvements in hiring practices, teacher certification and curriculum and instruction, as well as other areas. The county is one of only three statewide to host a Chinese Guest Teacher. Plans also are in the works to add universal preschool next year.

“I’m very optimistic after members of the Lincoln County board indicated their willingness to work together to regain control,” state Superintendent Steve Paine said. “But we need a road map to get there. I think if we can get a plan developed and see strong steps taken to implement that plan, then we’ve accomplished our goal.”

The state board hired Anne Seaver as Lincoln County Superintendent last year to replace William Grizzell, who retired. Seaver previously served two years as superintendent in Tyler County, a school system that has some of the highest student test scores in the state, and as an assistant superintendent in Mercer County.

In Lincoln County, she oversees a new literacy committee as well as teacher and support staff advisory groups. Teachers also meet for half a day every quarter to review test scores and interventions and curriculum.

Seaver also oversaw the fall 2006 opening of a new Lincoln County High School. Outfitted with the latest technology, the school has exposed students who formerly attended Duval, Hamlin, Harts and Guyan Valley to courses and programs they never had access to before. Already, several top artists have performed at the school’s auditorium in Hamlin, including West Virginia native Kathy Mattea and Loretta Lynn.

“The state board has every confidence in Ann Seaver and the job she is doing in Lincoln County,” Johnson said. “Her expertise in school finance and facilities is impressive and she is well respected by her employees.”

At its February meeting, the state board and Paine expressed eagerness to work with Lincoln County officials to move forward. Johnson asked that a full financial report be prepared for the meeting as well as an update on how each shortfall cited in the OEPA report is being addressed.

“I can’t do anything about what has happened in the past,” Johnson said. “But I can do something about the future. I'm not interested in personality conflicts. I'm interested in issues and having a strategic plan for Lincoln County so that they can get to the point where local control can be returned to the county.”   - Source: West Virginia Department of Education – March 1, 2007.

 

Administrative Perspective

Grievance policy, PROMISE Scholarships, employee issues among those at stake

By Martha Dean, Executive Director
West Virginia Association of School Administrators

March 1 , 2007

I am writing this week’s article early as I will be attending the American Association of School Administrators annual conference in New Orleans.

Wednesday was the last day for bills to pass out of each house of origin so activity has been to get those bills out of committee and through the three readings on the floor. 

Several bills of interest to education are poised for consideration in committees on the other side.

The Senate has sent Senate Bill 334 to the House. It relates to employment of athletic or extracurricular activities’ coaches. Senate Bill 336 is a higher education bill. Senate Bill 442 is the bill changing the grievance procedures for school personnel and other state employees.

SB442 has been referred to the House Government Organization Committee. This 25-member committee is headed by Del. Jim Morgan, D-Cabell. I talked to a few committee members expressing that the bill generally improves the grievance procedure. I also expressed that it would seem fair to include an administrator on what is to be constituted as a new “Grievance Board” because grievances generally have two parties: Employers and employees. Generally, the administration represents employers. If you have an interest in this bill, remember contacts are different than the Education Committee members we generally need to contact.

 

Other bills

Other Senate bills include SB489 which relates to the PROMISE scholarship and a report to be required to the Legislative Oversight Commission on Work Force Investment for Economic Development. 

SB603 establishes 21st Century Tools for the 21st Century Schools Technology Initiative. SB638 establishes requirements for college and work readiness credentials. SB657 requires the state Board of Education to incorporate 21st Century Skills Initiative into certain standards.

Although I don’t have the records in front of me, I believe fewer active bills this year affect education than usual at this time during the legislative meeting. That doesn’t mean they aren’t important.

 

“Concentration on employee bills”

The House appears to have concentrated more on employee-related bills. Members have passed out House Bill 2070 which would grant PEIA coverage to certain long-term substitutes. House Bill 2105 has been signed by the governor and allows retired teachers to substitute beyond the limits set by the retirement board without losing their retirement benefits in areas of severe need as defined by local boards of education.

House Bill 2189 relates to substitute service personnel seniority and includes extensive stylistic revisions in §18-5-13 which is the “authorization” section relating to county school boards. House Bill 2558 permits donation of surplus computers and other technology equipment to school boards. 

House Bill 2772 ensures that PEIA will continue and maintain medical and prescription drug coverage for Medicare eligible retired employees. House Bill 2777 is the salary bill for teachers and service personnel. House Bill 2781 modifies the statutory length of school buses. House Bill 2842 relates to the sale and serving of beverages in schools. 

House Bill 918 authorizes payment of $500 to service personnel who retire and inform the boards in a timely fashion. House Bill 2939 allows teachers to obtain additional endorsement(s) through alternative methods.

 

Provisions “tacked on”

As the final days of the legislative session tick down, it is always a concern that provisions will be “tacked on” to active bills from bills that did not emerge by deadline. A concern expressed to me was a bill that would prohibit use of attorneys by superintendents and school boards in grievance procedures. As mentioned earlier in this article, the grievance bill is in the House Government Organization Committee which has many committee members. We will be watching that one! 

One bill reported out of the House Education Committee hasn’t gotten a lot of news coverage. This bill made it to the final day of last year’s session. It would require bus routes to begin from a board-owned “garaging point,” particularly for aides who ride in some special education buses. A provision in the bill would allow alternate starting points with the agreement of employees and school boards. 

I send this the Administrative Perspective from this year’s site of the National Conference on Education in New Orleans. It is surprising to me there is not more visible destruction in the area where we are. However, we have not gone to the area where most flooding occurred. We have only been in the downtown area close to the Convention Center and to the French Quarter. New Orleans is still a thriving city bustling with traffic and lots of people. 
 
Of course, I am used to the mountains of West Virginia and love it there!

 

WVSBA Briefs

 

The following is a letter forwarded to the state attorney general by the Ohio County Board of Education regarding the “shift” in unfunded liabilities from the Public Employees Insurance Agency (PEIA) to that particular board.

As county boards forward similar requests to the attorney general, please inform West Virginia School Board Association Executive Director Howard M. O’Cull, Ed.D.  hocull@wvsba.org
 or 304.346.0571. WVSBA President Kim Cooper (Raleigh)  urges member-boards to forward the letters by March 15, as determined by members participating in the organization’s FY08 Annual Business Meeting, held Feb. 17 in Charleston.  

The letter reads:

“In January, the Ohio County Board of Education was notified by the Public Employees Insurance Agency (PEIA), a state agency created by the West Virginia Legislature, that the unfunded liability of that agency would be transferred to each participating county government entity, including boards of education.

The Ohio County Board of Education is concerned regarding the legality of the transfer of that liability back to us. The PEIA is a state agency created by the Legislature. From its inception, the PEIA had full and complete control and management over the PEIA program, including the level of benefits offered, the development of preferred providers, levels of co-pays from participants and premiums charged.

The legal authority of the PEIA to transfer financial liability accumulated under its complete control and management to local boards of education is questionable at the very least. This transfer is nothing more than a shift of that financial responsibility from the PEIA to our board of education. Simply put, it is difficult to keep up with our current financial responsibility to the PEIA.

If we are mandated to assume the liability of that state agency, created by the decisions of that agency over the last two decades, we simply will not be able to pay the debt. We believe that the unfunded liability of the PEIA program is a responsibility of the PEIA and that it lacks the constitutional or statutory authority to transfer the debt to boards of education.

(The letter then proceeds to say that the county board is requesting an attorney general’s opinion on the “legality of the shift of the unfunded liability of the PEIA to our board. Our board did not have any part in the decisions that have led to unfunded liability of the PEIA program. We do not believe we are responsible for those liabilities.”)

The letter states further that county boards are in the “process of developing our 2007-’08 budgets. Your attention to this matter is certainly appreciated.”

It is signed by all county school board members and the county superintendent.

 

Resources

 

First Day - Jan. 10, 2007: First day of session. (WV Const. Art. VI, §18)

20thDay – Jan. 29, 2007: Submission of Legislative Rule-Making Review bills due. (WV Code §29A-3-12)

41st Day – Feb. 19, 2007: Last day to introduce bills in Senate. Does not apply to originating or supplementary appropriation bills. (Senate Rule 14) Does not apply to Senate resolutions or concurrent resolutions.

45th Day - Feb.  23, 2007: Last day to introduce bills in House of Delegates. Does not apply to originating or supplementary appropriation bills. (House Rule 91a) Does not apply to House resolutions or concurrent resolutions.

47th Day - Feb. 25, 2007: Bills due out of committees in house of origin to ensure three full days for readings.

50th Day - Feb. 28, 2007: Last day to consider bill on third reading in house of origin. Does not include budget or supplementary appropriation bills. (Joint Rule 5b)

60th Day - March 10, 2007: Adjournment at Midnight. (WV Const. Art. VI, §22)
From the West Virginia Legislature

 

 

Selected Education-Related House Bills

Senate Bills

Source: West Virginia Legislature Web site. Information current as of Feb. 22, 2007. For more information, refer to http://www.legis.state.wv.us

 

Commentary

 

State officials should refrain from throwing good money after bad — and wasting precious time — in their approach to a judge’s ruling concerning West Virginia teacher retirement programs. At the same time, they need to avoid acting so hastily that they make another big mistake concerning the programs.

West Virginia operates two retirement programs for teachers, one a defined-benefit system and the other a defined-contribution one. A merger of the two programs had been planned.

But in January, Kanawha County Circuit Court Judge Paul Zakaib ruled that the merger cannot go forward. His position, in response to a lawsuit filed by about 1,000 participants in the defined-contribution plan, is that forcing them to pay over money their pension investments have earned would, in effect, be an unconstitutional “taking” of their funds.

Now, the Consolidated Public Retirement Board is pondering what to do about the mess — created by state officials who wouldn’t listen to those who made the same point as Zakaib before the merger was approved. The board and state legislators are approaching the dilemma from two standpoints: First, they want to study the merits of appealing Zakaib’s decision to the state Supreme Court. Second, they are considering what to do if the merger cannot go through.

We don’t envy them the mess — but, again, it is of their own creation.

Both board members and legislators should stop even thinking about an appeal. Zakaib’s ruling was a solid, common-sense one. It is highly unlikely to be overturned by any higher court.

Instead of wasting time and money thinking about an appeal, all involved need to decide how to extricate themselves from the teacher pension mess. That won’t be easy — but putting resources into an attempt to appeal the court ruling would be a waste of time and money.
The Inter-Mountain Thursday, March 01, 2007

 

ETC.

 

Gov. Jon Huntsman Jr. signed Utah's landmark school voucher bill without fanfare or a public announcement. His office insisted no extraordinary measures were taken to expedite the bill that makes Utah home to the nation's most expansive voucher program.

Yet HB148, which passed the Senate  Friday afternoon, raced through its procedural House moves to land on Huntsman's desk Monday evening. Huntsman did not alert the media and declined requests for an interview, reports Nicole Stricker in The Salt Lake Tribune.

Utah's new voucher law, which a legislative fiscal analyst said will cost $9.3 million its first year and $12.4 million in its second year, lets families spend between $500 and $3,000 in public funds per child on private school tuition, depending on family income.

The option is open to all incoming kindergartners, all current public school students and private school children from low-income families.

Money for the vouchers comes from the state's general fund, not a fund set aside for public schools.

The program will cost more each year until all private school students are using vouchers in 13 years, when the program will cost the state an estimated $48 million a year.

Utah's program dwarfs voucher programs in other states, which are available only to low-income students, students in a particular district, or students in struggling schools.

Opponents of HB148 have discussed challenging it in court for potentially violating separation of church and state provisions.

SOURCE: Salt Lake Tribune March 1, 2007.

 

 

“I don’t think we can solve any of this with disputes…” – West Virginia Board of Education Member Delores Cook (Boone) in remarks made concerning possible return of Lincoln County Schools to local board control at a meeting Feb. 28 in Hamlin.

“They have the right to clean house if that’s what they want to do.” – House Government Organization Counsel Brenda Thompson discussing the possibility that existing Grievance Board hearing examiners could be terminated. She later said her remarks were not meant to be flippant, but that the newly constituted West Virginia Employees Grievance Board could make this decision.

“If we have to pass our own levies, it goes from the 50 percent school boards need to the 60 percent supermajority all other levies need,” said J.D. Waggoner, executive director of the West Virginia Library Commission discussing the Senate  Education’s School Aid Formula bill, Senate Bill 541, and its provisions relating to legislation that addresses a December 2006 case involving library funding in nine counties. In those counties, local boards have moneys deducted from SAF local share as well as having to provide mandated payments to libraries. The Kanawha County Board of Education brought the suit.

 

 

“A reproof entereth more into a wise man than an hundred stripes into a fool…” – Proverbs 17:10.

 

Last Word

The Civics of Student Engagement

By Jeffery J. Miller


Amid calls for a dramatic overhaul of American education aimed at preserving the nation’s dominant position in the global economy, there are still voices advocating more-traditional ideals of education, such as preparation for living in and passing on a democracy. Though we recognize the economic role of schooling, many of us continue to worry about declining voting rates for young people and their lagging civic participation. Some reformers recommend increased instruction and classroom discussion about American history—the various wars, founding documents, social movements, and national holidays—to remind students of our democratic traditions.

Such activities are of course important in helping young people understand the origins and significance of their rights and responsibilities as citizens. But voting rates haven’t declined because students aren’t exposed to enough history. Indeed, as an academic subject, American history has managed to survive more or less intact while civics—the subject aimed at teaching the mechanics of civic participation—has been steadily squeezed out of the curriculum.


The best service-learning often takes place outside the classroom, where teachers are less able to exert control.

One problem may be that schools have been slow to embrace the kinds of engaging instructional strategies that could mitigate students’ cynicism about politics and encourage their participation. Service-learning, for example, in which students identify a community need, work with community partners to develop solutions, and then take action to address the need, is a proven strategy for teaching problem-solving, teamwork, critical thinking, and many other civic, academic, and workplace skills. Well-designed service-learning experiences that incorporate discussion of the political dimensions of an issue selected by the students themselves can increase young people’s interest in politics and can make continued civic participation more likely later in life. Moreover, a recent study by RMC Research Corp. indicates that service-learning which allows students to engage in research and advocacy (organizing a community forum, circulating a petition, and so forth) contributes to better outcomes in terms of civic knowledge, civic dispositions, and efficacy than direct service alone (feeding the homeless, for example).

But the best service-learning often takes place outside the classroom, where teachers are less able to exert control. In the current climate of accountability, in which schools are rewarded or punished based on student achievement along a narrow academic spectrum, these options may seem too risky to teachers as well as administrators. In fact, since the federal No Child Left Behind Act was signed into law in 2002, the use of service-learning as an instructional option has declined in public schools.

 

The 2003 report “The Civic Mission of Schools,” published by the Carnegie Corporation of New York and the Center for Information and Research on Civic Learning and Engagement, offers six promising approaches to civic learning. These include instruction in government, history, law, and democracy; classroom discussion of current events and issues; service-learning; extracurricular activities that provide opportunities for students to get involved in their communities; opportunities for student participation in classroom and school governance; and simulations of democratic processes.

What all of these approaches have in common is their emphasis on contemporary issues and applied learning. Students become more motivated to learn when they are actively engaged, rather than lectured, and when they are able to apply what they learn to real-world issues and problems.

A growing number of schools, agencies, and community-based organizations provide opportunities for students to engage in community problem-solving and leadership, and these groups are learning that, with the right training and support, students are willing and quite able to participate in policymaking and the political process. Youth-serving organizations such as the National 4-H Council have embraced youth participation in their leadership and governance in recent years, and have found that including these key stakeholders in decisionmaking has led to more-effective programming. Local and state boards of education also are involving students in governance in a variety of ways, as is shown in a 2005 report from the National Association of State Boards of Education describing how 12 state boards have involved students in policymaking.

Writing in these pages last year, the presidential historian Robert Dallek suggested that individual schools can (and do) offer opportunities for students to participate in decisions clearly linked to their own educational experience. ("An Argument to Engage Students In the Political Process," Commentary, Nov. 1, 2006.) But young people also can offer valuable insights to policymakers in other areas. Community-based organizations, school districts, municipal governments, and state agencies nationwide have successfully involved young people in deliberations about health-maintenance and disease-prevention services, recreational opportunities, environmental protection, school reform, and other issues.


Schools have been slow to embrace the kinds of engaging instructional strategies that could mitigate students’ cynicism about politics and encourage participation.


Students provide an important perspective on policies that affect them and their families. Student participation can actually enhance policy debates by forcing adults to avoid jargon, provide background information, and explain their positions more thoroughly. The presence of young people can even encourage more respectful dialogue among adults, who recognize their responsibility to serve as role models. When these these kinds of experiences are supported through reflection guided by skilled educators, and then are linked to classroom instruction, students can learn powerful lessons about their own ability to influence public policy.

Another practice supported by many civic education advocates is the discussion of controversial issues. Adults not regularly exposed to young people are often surprised by the passion they bring to discussions of political and social issues, when given the opportunity to do so. Yet this passion is often stifled in public school classrooms because of educators’ understandable concern that broaching controversial issues in class could offend some students, leading in extreme cases to pressures to remove a teacher. Such a situation occurred in my own state of Colorado last year, when a high school teacher was recorded criticizing the Bush administration during a class discussion of the Iraq war. The teacher, Jay Bennish, eventually returned to his job. But students reported that he was much more cautious afterwards. ("To Avoid Pitfalls on Controversial Issues, Experts Say, Know Your Stuff," July 26, 2006.)

One can argue about the particulars of the Bennish case and others, but the important lesson should be this: Classroom discussion of controversial issues must be facilitated effectively by teachers, in an unbiased way, to ensure student learning. Unfortunately, the message received by many teachers is that politics should simply be avoided in the classroom. Yet without such conversations, and the guidance, reflection, and relevant instruction that teachers can provide, it is less likely that students will acquire the skills to engage in respectful public dialogue as adults. Controversy is exciting and engaging, and can help students see the real-world implications of what they learn in school, not only in civics class but in other courses as well. The message sent to students when such discussions are sidestepped is that controversy should be avoided, rather than resolved through informed dialogue.

 

Knowledge of the historical development of our democratic traditions is a necessary component of any comprehensive effort to foster citizenship and encourage political participation. But even more important is the knowledge of how to participate and the belief that one’s participation could reasonably lead to a desired policy change. If students—especially those from disadvantaged circumstances—are not encouraged and provided with opportunities to engage in community action and politics, it should be no surprise when they emerge from high school without the skills or inclination to participate, believing that the process is stacked against them and that politicians do not listen to them or represent their communities.


On the other hand, when young people develop confidence in their own abilities and in the integrity and responsiveness of the system, they are more likely to participate. Educational strategies like those recommended in “The Civic Mission of Schools” can foster understanding and trust in the institutions of governance, forge positive relationships between youths and adults that lead to deeper engagement, and build a sense of efficacy among young people.


But those of us who seek to empower and involve young people must recognize the factors—policies as well as expectations—that limit teachers’ willingness to experiment with more-engaging and -rewarding practice. If we want an engaged citizenry, we must encourage teachers to venture beyond traditional methods and step outside the classroom door.


Jeffery J. Miller is an education and youth-development consultant in Denver. He can be contacted at Jeff@LeadingNow.org.

This article appeared in the Feb. 21 edition of Education Week.

 


 

The Legislature is published by the West Virginia School Boards Association. It provides county board of education members, state policymakers, school administrators and the education community information and opinions regarding West Virginia legislative issues. The views expressed in this publication do not necessarily reflect official opinion or policies of the WVSBA, unless specifically stated.

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