2009-2010 VSBA Resolutions

Accepted by the membership 10/15/09

I. GOVERNANCE, LOCAL AND STATE

A. ROLE OF SCHOOL BOARDS

1. Each school board is responsible for leadership through policy development in the following five priority areas:

VISION

The board envisions the education future of the community and then formulates the goals, defines the outcomes, and sets the course for its public schools.

STRUCTURE

The board establishes a sound organizational structure and creates an environment that will permit all students to attain a high quality education. The board employs an administrator, adopts missions and goals in harmony with its vision through a strategic planning process, develops and approves policies, provides fiscal oversight, and sets high standards for students and staff.

ACCOUNTABILITY

The board causes the continuing assessment of all conditions affecting education and ensures that schools are accountable for results in student learning. Boards monitor student achievement, make program corrections as necessary, keep the public informed of the status of education programs and progress, and ensure the proper and efficient use of resources in school operations.

CONDUCT AND ETHICS

The board conducts business in an ethical, fair, respectful and responsible manner.

ADVOCACY

The board serves as public education's most important advocate on behalf of students and the schools. This includes advocacy to the voters for needed resources, such as facilities and funds. It also includes advocacy to other state and local agencies and private groups whose efforts could help the schools achieve their vision.

2. The Vermont Legislature should review and revise existing statutory roles prescribed for school boards, superintendents, and principals. Overlapping duties should be reviewed and simplified, if possible. Duties that are time-consuming but not essential to core board duties - define vision, establish structure, provide for accountability, and advocate for students and public schools in an ethical manner - should be optional. School boards should be permitted by law to delegate duties as they see fit to administrators, subcommittees and other panels that are accountable to school boards.

B. LOCAL DECISION MAKING

Local school boards have been given responsibilities by state statute to oversee public education in their districts and to make the important decisions necessary to assure the provision of high quality education in an efficient and effective manner. As local boards are accountable, they must be assured that there is no state interference in their decision-making responsibilities.

C. CHARTER SCHOOL LEGISLATION

The VSBA supports public school innovation which can offer rich and diverse educational opportunities for all students. VSBA supports the recommendations of the 2001-2002 Charter School Study Commission that state that Vermont should not enact charter school enabling legislation because existing law allows for the establishment of new schools, programs or "'schools-within-schools" that can readily accomplish many of the goals that larger, urban school systems in other states seek in charter schools. By drawing funds away from existing small public schools, charter school legislation may undermine the ability of public schools to serve the educational needs of Vermont's children.

While the existing law allows the granting of waivers to schools relative to meeting specific regulations, all publicly supported schools should adhere to state or comparable standards and administer the statewide assessments.

D. TECHNICAL EDUCATION

The VSBA supports efforts to create an integrated system of technical education that will provide high quality learning opportunities available to all students statewide. To that end, we support the effective coordination of academic and technical education governance.

VSBA supports governance models that assure a majority presence of publicly elected officials who can be held accountable for the public funds invested in technical centers.

E. STUDENTS ON LOCAL SCHOOL BOARDS

VSBA believes that local school boards benefit from having an ongoing student voice in their discussions of all school matters that are not subjects of executive sessions. While VSBA encourages its members to include students as active participants in the consideration of educational issues, the Association favors the participation of students as non-voting members and opposes a legislative mandate on this issue.

F. BOARD REORGANIZATION

VSBA supports a clarification of state law to allow school boards to remove a board officer and elect new board officer(s) at any time such action is deemed appropriate by a two-thirds majority of the board.

G. SELECTION OF THE COMMISSIONER OF EDUCATION

The VSBA supports the appointment of the commissioner of education by the State Board of Education for the following reasons:

1. The oversight of public education, unlike other state services, has been delegated by the General Assembly to locally elected officials. The highest state level educational official should not be subject to the partisan political agenda of any single individual.

2. Educational change is a long term process requiring constancy of purpose and stability that could be undermined by making the position a political appointment by governors serving two-year terms.

3. As the only constitutionally mandated service, public education requires an independent voice to advocate for the long-term best interests of Vermont’s children.

4. Expanding the authority of the governor with regard to the appointment of commissioner from its current veto power to a gubernatorial appointment would shift the balance of power between the legislature and the administration.

5. The current law ensures that the background of the commissioner will include an intimate understanding of public education.

H. PROPOSAL ON HEALTHCARE

The VSBA supports a statewide cost effective health care plan that provides coverage to all Vermonters and urges the state legislature to create and implement such a plan.

II. FINANCE

A. EQUALIZATION

VSBA supports the maintenance of “...substantially equal access to a quality basic education…” for all of Vermont’s children as required by the Vermont Supreme Court in its Brigham decision, and as legislatively promised in 16 V.S.A. §1.

It is the duty of the State of Vermont to ensure fiscal equity for all school districts to allow equal educational opportunities for all students. Significant state expenditure is required to equalize the financial resources of districts and maintain the educational opportunities of students.

B. SPECIAL EDUCATION

The VSBA supports a funding system that reflects a district’s implementation of identified best practices within a system that recognizes special education as one component of an integrated educational system. VSBA supports a funding system that does not impose arbitrary caps on the State’s contribution as long as districts can demonstrate responsible implementation and management of programs and finance. In addition, the VSBA supports a special education funding formula that shares the costs of special education equitably across districts statewide.

VSBA supports Act 34 of 2001 which states that “Human services are primarily the responsibility of the state and federal governments. Therefore, it shall be the goal of the general assembly to develop a system in which the costs of special education services delivered by human service providers shall be paid for primarily by federal and state general fund dollars.” VSBA urges the General Assembly to assure the adoption and implementation of an interagency agreement between the Department of Education and the Agency of Human Services that appropriately defines special education services that are not primarily educational in nature and to assure that those services are provided through general funds.

VSBA urges the federal government to contribute its promised share of special education funding through IDEA and supports the necessary changes in federal law to allow local districts to use federal special education funds to reduce the local share of special education expenditures as long as appropriate services are provided to the identified students.

VSBA supports a federal requirement for states to maintain their percentage share of financial support for special education as federal share increases.

C. CAPITAL SPENDING

1. General Education Construction: Schools require predictability and stability in state aid in order to plan successfully over the long term. The VSBA supports reinstitution of 30 percent or more in state reimbursement aid for all eligible capital expenses, and supports applying this reimbursement rate to any eligible capital expenses incurred during the school construction aid moratorium enacted in Act 52 of 2007 by the Vermont General Assembly.

2. School Building Consolidation: The VSBA supports school building consolidation projects when the local school district or districts believes the result will be greater cost effectiveness or improved educational outcomes for students. The VSBA supports extending indefinitely 50 percent state reimbursement aid for school building consolidation projects as provided under 16 V.S.A. § 3448(a)(7)(C).

3. Technical Education Capital Expenses: The VSBA urges the General Assembly to support technical education capital funding at 100%.

4. The VSBA encourages the state to support capital expenses for innovative technology, particularly projects that increase capacity for high speed Internet access and computer technology in public schools and vocational centers and their surrounding communities in Vermont.

D. DATA COLLECTION & REPORTING

The passage of the federal No Child Left Behind Act as well as state and local needs make the necessity for accurate and informative data more important than ever. The legislature should continue to fund the integration and close linkage of state and local information systems to maximize the efficiency and productivity of data collection, analysis and reporting at both levels.

1. The State Department of Education should promulgate consistent and understandable definitions of data.

2. The Department must analyze and coordinate all its requests for data from local districts to assure that all such data are needed and utilized in a way that improves student learning.

3. All requirements for information from local districts should be accompanied by a streamlined and easy‑to‑use mechanism for collection and submission with the goal of reducing the negative impact on local districts.

The VSBA strongly supports the protection of student privacy rights. Any data collection, maintenance or distribution system must be developed with the primary objective of protecting personally identifiable information about students.

E. ADULT STUDENTS IN TECHNICAL EDUCATION

The VSBA urges the state legislature to fund 100% of the costs of educating, in technical education centers, persons over 21 years of age who lack high school diploma and are not enrolled for purposes of pursuing graduation from a high school or technical center.

F. USE OF PUBLIC FUNDS

The VSBA does not support channeling tax dollars directly to private educational institutions in districts that provide public schools for the education of local students, except at the discretion of local school boards as allowed by current law. VSBA opposes indirect support to private educational institutions through the granting of tax credits or tax subsidies targeted to the tuition or expenses. Public education funds in Vermont districts that operate schools should be directed to the improvement of those public schools that serve the vast majority of Vermont students. This resolution is not directed at districts that do not operate schools for some or all grade levels and pay tuition on behalf of their students.

G. CONSOLIDATION

The VSBA supports any further statutory changes that will expedite the school district consolidation process locally while maintaining the ultimate authority of the voters to accept or reject school district consolidation proposals.

VSBA encourages the Vermont Department of Education and the General Assembly to provide technical assistance to local school districts that wish to pursue issues of consolidation of schools and/or school boards. Meaningful financial and other incentives beyond those required to offset related costs should also be provided.

H. VALUATION OF PROPERTY FOR EDUCATION TAX PURPOSES

The VSBA fully supports a more equitable system of calculating common level of appraisal. Such a system should include such approaches as:

· Automatically excluding high value outliers from calculations;

· Re-examining how properties are categorized;

· Limiting the punitive impacts of annual changes in a community’s CLA that result from local reappraisals.

I. INDEX FOR THE BASE EDUCATION AMOUNT

VSBA urges the legislature in conjunction with VSBA and other organizations to develop an appropriate index for the base education amount that incorporates an objective measure of actual educational expenses.

The 2010 legislature should reverse the action taken in 2009 of freezing future growth in the base education amount without regard to unavoidable increases in education expenses at the local level.

J. FLEXIBILITY IN MEDICAID SPENDING

VSBA urges the Vermont General Assembly to modify 16 V.S.A. §2959a(e) to allow school districts more flexibility to spend Medicaid reimbursement funds in ways that will best benefit the district including use for the services that generate the reimbursements.

K. USE OF THE EDUCATION FUND

The VSBA strongly supports the intended limitations on the use of the Education Fund, and opposes any diversion of funds raised through the statewide property tax to programs not within the jurisdiction of public school districts or supervisory unions.

L. CONTROL OF SCHOOL SPENDING

School boards play all three governmental roles in their districts: they function as the legislature, the executive and also the judiciary. They should have broad authority and discretion to develop strategies to carry out high quality education and to propose to voters the level of funding they determine is needed to provide effective education.

M. UNFUNDED MANDATES

All new educational requirements or programs mandated by the federal government or the State of Vermont should be fully funded by either the federal or state government.

N. STUDENT TRANSFERS

The legislature should provide a mechanism to allow for preK through grade 8 student ADM transfers or tuition terms within a supervisory union on terms agreed to by sending and receiving school boards with approval of the Superintendent.

III. INSTRUCTION

A. STUDENT ASSESSMENT

The State should maintain its practice of standards-based assessment and reevaluate its assessment program in the context of the 2001 ESEA - No Child Left Behind. Tests mandated or recommended should provide accurate and reliable information that can be used to guide instructional practice leading to improved student achievement. Tests and related costs of administration and teacher professional development mandated by either the state or federal governments should be funded entirely by the governmental entity imposing the requirement. The Vermont Department of Education should also continue to support development and administration of local assessment plans which may include national norm-referenced achievement and/or aptitude tests as well as other locally administered evaluation methods. As the reliability of additional local assessments is assured, it may be of value to give more weight to local assessments in the State’s Accountability System.

B. ASSESSMENT UNDER NCLB

The Congress reaffirm its commitment to public schools by amending the No Child Left Behind Act to assess students with disabilities in ways different from the rest of the student population if their disabilities prevent them from achieving the standard at the same time and in the same way that other students achieve the standard.

C. GROWTH MODELS

The VSBA urges the State Board of Education and Department of Education to actively pursue opportunities to determine whether a growth model approach to NCLBA testing would benefit Vermont students and produce more accurate measures of school success, and should implement a growth model system that will produce those results.

D. STANDARDIZED ASSESSMENTS: USES

The VSBA recognizes the value of standardized assessments as one tool to be used in evaluating student performance. It must be used in conjunction with other means of evaluation to present an accurate picture of student achievement. The VSBA does not support the use of standardized assessments alone to determine the success of schools, to evaluate teacher performance, to promote students from grade to grade or as a final “gate” to a high school diploma.

State funds should be directed at measures that will have the greatest effect on student progress than the creation of new standardized assessments.

Primary concern must be given to the protection of student privacy when data on assessment results is collected or disseminated.

Inaccurate testing results due to small sample sizes should not be reported to the public or used to penalize schools and students unfairly.

E. SPECIAL EDUCATION

1. The VSBA supports the research and auditing (program and finance) being done by the Department of Education on best practices and urges that benchmarks for accountability in programming and financial matters be developed for application statewide. The State should assist local school districts and agencies in collaborating to create shared programs, services and resources to serve students who cannot be served appropriately in regular classrooms.

2. Congress should follow its original intention of funding 40% of the average per pupil cost of education for each special education student in the U.S. and should make this appropriation a mandatory one. Additionally, the IDEA should require states to maintain their percentage level of funding from year to year. Congress should continue to amend the 1997 IDEA to restore balance and common sense to the implementation of programs for special education in local school districts. Furthermore, the U.S. Department of Education and/or the state of Vermont should implement rules that reflect the intent of the law. Issues needing resolution include:

a) allowing schools to implement a single system of discipline for all students regardless of disability and allowing flexible responses to disruptive or unsafe behavior without burdensome and unnecessary process;

b) reducing unnecessary paperwork and simplifying procedures and excessively technical requirements that focus more on process than education;

c) providing federal funding of interagency programs to evaluate and serve the developmental and educational needs of children with disabilities from birth to age three and for the non-educational needs for school-aged children;

d) changes in federal “supplanting” law to allow local districts to use federal special education funds to reduce the local share of special education expenditures as long as appropriate services are provided to identified students;

e) creating financial incentives for the training and recruitment of special educators;

f) minimizing the costs of due process for school districts and providing a statute of limitations for claims against districts;

g) ensuring that Vermont state law and rules governing special education impose no mandates beyond those already required by federal law; and

h) refrain from adding any new mandates to local responsibilities without accompanying funding.

3. The VSBA supports providing a free and appropriate education to children with disabilities in the least restrictive environment that is consistent with maintaining a safe and productive classroom learning environment for all students.

The VSBA supports an integrated public education system with a strong Educational Support System in each school designed to meet the needs of all students including those with special education needs. Schools are accountable for the outcomes of all student education.

F. SCHOOL CHOICE

VSBA recognizes the varied learning styles and needs of students and supports the provision of multiple options for student learning in the public schools. The Association supports the maintenance of the parameters of Act 150 of 2000 and the thorough monitoring of its outcomes. VSBA urges the legislature to examine closely all ramifications of the law to understand the effects on those students who choose new schools and those who do not, as well as the impact on all schools.

G. UNIFORM KINDERGARTEN ENTRANCE AGE

VSBA supports the establishment of a common statewide entrance age for kindergarten. School districts should be authorized to grant waivers in accordance with board policies and procedures. The recommended age should be consistent with research results on child development and successful school experience. This effort should be accompanied by expansion of opportunities for pre-school education to ensure adequate preparation for school success.

H. NATIONAL TEACHER CERTIFICATION

The VSBA encourages the State of Vermont to continue to support teachers in becoming National Board certified by paying for all or part of the certification program.

I. STUDENT BEHAVIOR

Based on studies underway, the state should take the lead in assuring that there are adequate alternative placements for students who are unable to participate appropriately in the traditional school environment and that an equitable funding mechanism is devised to support ongoing education for these students. The state should play a role in facilitating regional efforts where needed and appropriate. The state legislature should also take the lead in revamping Vermont’s truancy laws so they are effective and enforceable while supporting local programs that encourage and motivate students to complete their education.

J. PROFESSIONAL DEVELOPMENT FOR TEACHERS

Ongoing professional development is critical to high quality teaching. However, the scheduling of professional development workshops and training by the Department of Education, Vermont colleges, universities, and other education agencies should make every effort to conduct professional development activities at times other than during the school day when attendance by classroom teachers requires that substitutes be hired to take regular teachers' place in the classroom.

K. SCHOOL TIME

VSBA sees a need for more learning time for students and for more educator preparation, coordination, and professional development time. The VSBA urges the General Assembly to support school districts in their efforts to use current time better and to find innovative ways to provide the increased student and educator time that may include weekend and summer schools, common in-service days, and mentoring among other methods. The state should research, develop and support pilot programs that demonstrate better use of time.

Decisions such as the length of the school day or the school week should be made at the local level. The Legislature should direct the Commissioner of Education to make available assistance to districts that wish to consider the financial and academic effects of adopting alternatives.

L. CURRICULUM

The Vermont Framework for Standards and Learning Opportunities, which articulates standards for what students should know and be able to do, was developed with full public participation and may be amended as needed and appropriate. Local school districts, coordinating through their supervisory unions, should continue to have sole responsibility for determining the specific curricula that will allow students to reach appropriate standards. The Vermont School Boards Association opposes legislation that either mandates or prohibits specific curricula, or that otherwise narrows the ability of local schools to manage efficiently and effectively the requirements already placed upon them. The VSBA supports incentives to encourage supervisory unions to align curricula among member districts.

M. IMPLEMENTATION OF THE NO CHILD LEFT BEHIND ACT

(2001 ESEA)

1. Linkage with State Initiatives

VSBA supports the development of state rules for the implementation of the 2001 Reauthorization of ESEA (No Child Left Behind) that require the minimum of new initiatives.

Furthermore, VSBA asks the Department of Education to analyze the requirements of EEOA of 1997 (Act 60) as amended and other state laws and to recommend to the General Assembly any changes in state law that may be needed to satisfy the federal requirements without creating duplication or misalignment of efforts regarding accountability, school choice and other applicable areas.

2. Paraprofessional Requirements

To help local school boards comply with new federal law pertaining to paraprofessional credentials, VSBA asks that Vermont Department of Education either develop an appropriate measure of paraprofessional skills and knowledge or recommend appropriate measures.

N. EARLY EDUCATION

The VSBA encourages the creation of a publicly supported infrastructure of high quality early education in Vermont. School districts should play a central role in assuring quality and accountability in publicly funded early education programs. Private providers of early education services that meet high standards can and should play significant roles as partners when school districts determine that early education services can be efficiently and effectively provided through public-private partnerships.

O. Dual Enrollment in Higher Education Programs

The VSBA supports multiple options for students. However, the use of Education Fund resources should be limited to the support of public school districts and supervisory unions, and no Education Funds should be used for dual enrollment in higher education unless through decisions of local school boards.

IV. LABOR RELATIONS

A. BINDING INTEREST ARBITRATION

Vermont law currently allows the electorate of local school districts to choose binding interest arbitration as the final step in contract negotiations. State law should not be amended to impose binding interest arbitration on local districts in their negotiations with any school staff.

B. TEACHER RETIREMENT

VSBA recommends the state develop a plan to contribute equally to the retirement fund for all teachers so that the state‘s contribution is not dependent on the salary decisions of local school districts. The state General Fund should be used to fulfill the state’s obligation to provide teacher retirement benefits, and resources from the Education Fund should not be diverted for this purpose. Nor should school districts be assessed to pay for any part of past, current or future teacher retirement obligations.

The State should index the retirement benefits for those already retired to assure that benefits for retired educators keep up with inflationary cycles over time.

Furthermore, VSBA supports an examination of the rules governing the state teachers’ retirement plan to determine whether other changes should be considered which would enhance fairness and help to attract qualified educators to Vermont.

C. UNEMPLOYMENT COMPENSATION

Vermont law should not mandate unemployment compensation during the summer for any school employee who has reasonable assurance of employment for the succeeding school year.

D. VOTER RATIFICATION OF NEGOTIATED CONTRACTS

School Boards are elected by their communities to carry out the difficult and complex work of overseeing the operations of schools. VSBA believes that the authority granted to school boards as the final decision makers to negotiate contracts is an important component of successful bargaining and recommends that this authority remain unchanged.

E. TEACHER RETIREMENT SYSTEM

If some or all of the future obligation of the teachers’ retirement system is shifted to local school districts, that (1) the state shall remain obliged to fund the portion of the payment that is designated as an accrued liability, that (2) the composition of the Board of Trustees for the state teachers’ retirement system be modified to include representation from local school boards, that (3) any increase in benefits conferred by the system be determined by representatives of persons who would be obliged to fund those increased benefits that. (4) any financial impact on the education fund caused by this shift should result in a one-time adjustment on the base education amount and a commensurate increase in the general fund shift percentage to the education fund that (5) no fund shift occur without a full analysis of the legal implications of such a shift, especially to Act 60, Act 68, Act 82 and general tax law; as well as the retirement fund structure itself.

V. MISCELLANEOUS

A. TUITION RATES

The VSBA believes that tuition rates should be established on a nondiscriminatory basis, and that administrative procedures be established to enable sending and receiving school districts to resolve disagreements over tuition rates in an efficient, fair and objective manner.

B. SECURITY

The VSBA believes 1 V.S.A. §313(a) should be amended to include security of school property including buildings, grounds and buses as legitimate reason to enter into executive session.

C. Social and medical services provided in schools

VSBA supports the delivery of social and medical services in public schools, by use of contracted services for which Vermont schools are reimbursed at full actual cost.

D. Repeal of H.526 (Act 82)

VSBA supports the repeal of Act 82. We support a complete analysis of the expectations of public schools, the cost drivers in public education, the ongoing cost-shifts from human services to public education, the burdens placed on school districts by legislative and administrative requirements, the most cost-effective ways to deliver services provided by school districts and the fairest way to pay for those services to inform future legislation.