Commissioner's Newsletter
February 28, 2003
Dear School Administrator:
This letter covers a lot of ground and deals with several critical issues. Please read it carefully.
BUDGET WITHHOLDINGS WILL BEGIN IN MARCH
The budget withholdings that have been debated so hotly in the Capitol in recent weeks are now becoming reality. Yesterday (February 27), Governor Holden authorized the withholding of $82 million in state education funds from the current budget along with another $75 million in reductions by other state agencies. This means a withholding of $61.3 million from the Foundation Program and another $21 million reduction for public higher education institutions. I regret that these reductions are necessary, but they are far less severe than they could have been.
On February 14, we prepared a simulation of the impact of withholding $61.3 million and notified all superintendents of its availability. Please review this simulation to determine the likely impact of the withholdings on your district.
While the simulation may not provide the exact reductions that districts will experience, it provides a reasonable guide for budget adjustments your district may need to make this year.
Approximately one-fourth of the withholdings applicable to the Basic Formula and Line 14 will be applied to regularly scheduled state aid payments over the next four months, March through June. The withholding of transportation aid will be split between March and April. We expect to apply the full withholding of gifted and remedial reading funds to the March payment. More details about the withholding process will be provided in the March memo from the School Finance Section.
Although we do not track this data directly, it appears that a substantial number of school districts across the state have missed an unusually large number of days this winter due to flu and related illnesses. As a result, we have been asked if the Department or the Commissioner of Education is authorized to waive the legal requirement for a full school term of at least 174 days. The answer is no. Here is a quick review of the pertinent statutes (with emphasis added in a few places).
Section 171.031, RSMo, states: "Each school board shall prepare annually a calendar for the school term, specifying the opening date and providing a minimum term of at least one hundred seventy-four days and one thousand forty-four hours of actual pupil attendance."
Section 171.033 provides: "Except as provided in subsections 3 and 4 of this section, no school district shall be exempt from any requirement to make up any days of school lost or canceled due to inclement weather, unless that school district schedules at least two-thirds as many make-up days for a school year as were lost in the previous school year, which days shall be in addition to the school calendar days required for a school term by section 171.031..."
Section 163.021.1 provides: "A school district shall receive state aid for its education program only if it: (1) Provides for a minimum of one hundred seventy-four days and one thousand forty-four hours of actual pupil attendance in a term scheduled by the board pursuant to section 160.041, RSMo, for each pupil or group of pupils, except that the board shall provide a minimum of one hundred seventy-four days and five hundred twenty-two hours of actual pupil attendance in a term for kindergarten pupils..."
Section 163.021.1(4)
In summary, state law requires a school year of at least 174 days of pupil attendance. The Commissioner of Education is not authorized to waive a legal requirement such as this. Section 171.033 provides a limited exception to this requirement, but only for days missed as a result of inclement weather.
The law provides some cushion for the calculation of state aid when attendance has been adversely affected by illness, but it does not provide any exception to the 174-day requirement. Therefore, we expect that all days missed due to illness will be made up.
Although we cannot "forgive" days missed for calendar or state aid purposes, we will consider unique circumstances for MSIP. If necessary, we will evaluate this year’s attendance data on a case-by-case basis for MSIP purposes.
UPDATES ON NO CHILD LEFT BEHIND
I am writing this section while flying home from Washington, D.C. Dr. Bert Schulte, Dr. Dee Beck and I met this week at the U.S. Department of Education with a number of important players in the implementation of No Child Left Behind. It was a worthwhile meeting for many reasons, but the most important is that the people with whom we met were very impressed with what we are doing in Missouri for school accountability. Our state’s goals are very similar to those of No Child Left Behind.
We know the law will require Missouri to make some changes, with the most notable involving the adoption of annual tests and the measurement of adequate yearly progress for all subgroups of students. Of the many issues related to implementing No Child Left Behind, these two provisions certainly carry the most potential consequence for schools and school districts.
However, because of the requirement for annual testing in communication arts and mathematics in grades 3-8, we must develop tests based on clear grade-level expectations. This strategy is educationally sound, so we welcome this opportunity to adapt our existing assessment program.
We have previously required school districts to disaggregate certain data, but there will be new "teeth" in this mandate as a result of NCLB. This will force us to address more directly the serious gap in student achievement among various subgroups. This, too, is good public policy. An unfortunate consequence of such reporting, though, is that we will inevitably identify many school buildings as failing to show adequate yearly progress for at least some subgroups of students. We know this will cause some discomfort, at best, in many communities. As a result, we will try to make the consequences commensurate with the degree and frequency by which schools fail to demonstrate adequate yearly progress.
No Child Left Behind presents every state – and virtually every public school building – with challenges and opportunities. We’re working hard to focus on the opportunities. I believe we can accomplish more by focusing on the aspects of NCLB that we know can be beneficial for kids and that parallel the practices we are already using in Missouri.
One of the major initiatives included in No Child Left Behind is "Reading First." It will provide substantial grants to states to improve reading instruction in grades K-3 in low-performing, high-poverty schools. To date, Reading First plans and allocations have been approved in 26 states.
Although every state has an allocation under Reading First, states must apply through a rigorous review process. Our expected allocation is $14 million. We have applied three times. We hope to learn soon that our application has been approved. When Missouri receives its grant, districts will have to compete for Reading First funds by developing comprehensive, "research-based" reading programs that are supported by high-quality professional development. We will keep you posted.
GUIDANCE ON CONSTITUTIONALLY PROTECTED PRAYER
On February 19, we sent all school district administrators an e-mail (or fax) about the new federal requirement concerning constitutionally protected prayer in public schools by students and teachers. The U.S. Department of Education issued the long-awaited guidance on this issue at the beginning of this month.
As a condition of receiving federal funds, all school districts will now be required to certify annually that they do NOT have any policies or practices that deny or interfere with the rights of students and staff to participate in constitutionally protected prayer. This assurance will be incorporated into the annual application procedures for federal programs.
For this year, however, all school districts must provide this assurance to DESE by March 15. Therefore, we used the e-mail notification system. Most districts have already responded. If your district has not responded, please review your e-mail traffic of February 19. This is the easiest way for you to respond.
If you need assistance with the matter, please contact the Federal Grants Management Section at 573-526-5658.
CUT-OFF DATES FOR GRANTS AND CONTRACTS
To ensure timely processing of grant and contract payments to your district during this fiscal year, please alert your bookkeeping staff and program staff about the following deadlines:
May 15, 2003 – Grant reimbursement requests for known expenditures (final expenditure reports) are due to the appropriate DESE program contact.
May 15, 2003 – Most grant or contract requests for known expenditures – specifically Professional Development funds – are due to the appropriate DESE contact. Check your grant award or contract document for specific requirements.
June 23, 2003 – All other contract reimbursement invoices for known expenditures are due to the appropriate DESE contact. NOTE: This due date could change, depending on the state’s financial situation. We will notify you if this schedule changes.
These deadlines apply to grants and contracts funded from state AND federal sources. Allowable expenditures not included in the above requests may be submitted for reimbursement after June 30 and may be paid from FY 2004 funds – if available.
While the rush to stock up on duct tape appears to have subsided, the nation remains on alert. There is growing nervousness about the threat of bioterrorism – and even nuclear terrorism. If war comes, the whole nation will go to maximum alert status, and schools will be affected along with every other sector of society.
In recent days, we have received a few calls from school districts, asking if there is anything schools must do, or should do, to respond to the threat of bioterrorism. Our Department is NOT issuing new or different guidance to school districts in this regard. Here are some basic reminders about precautions you can take and information you may want to share with staff and patrons:
Staff should be vigilant in monitoring visitors in schools and unfamiliar vehicles on school grounds.
Review your district and school emergency response plans. Make sure all personnel, including new hires, are familiar with emergency procedures such as shelter-in-place, evacuation, etc.
Review your emergency response plans with local authorities to see if any revisions or updates are warranted.
Inform parents and patrons about your emergency response plans. Make sure families are aware of your emergency communication procedures, evacuation plans, etc.
Resources that may be useful to you and your staff include:
The new Web site created by the U.S. Department of Homeland Security
American Red Cross information on America Gets Ready
Missouri’s Office of Homeland Security
The State Emergency Management Agency
In the near future, SuccessLink also will be soliciting and disseminating model lesson plans on integrating bioterrorism information into the curriculum. This effort will be funded through a grant from the Missouri Department of Health and Senior Services and the Centers for Disease Control and Prevention.
SCHOOL EMPLOYEES CALLED TO ACTIVE MILITARY DUTY
A growing number of citizens – including school district employees across the state – are being called to active military duty. School districts have not had to face this issue since 1990-91, and we are now receiving numerous calls about how to treat such employees. Basically, school districts are required to assure the employment of such individuals when they return from active duty.
More information about this issue is available on the DESE Web site.
For more detailed information, visit Employer Support of the Guard and Reserve. This site provides "FAQs" and a comprehensive discussion of employers’ responsibilities.
COUNTING STUDENTS WHO ARE HOME-SCHOOLED
In the February Core Data cycle (due February 15), school districts were asked to report on Screen 15 the number of students in the district who are home schooled. While this figure is difficult to know with precision, the count is used in the allocation of special education funds.
We recommend that school districts contact known home schooling families in September of each year and request that they submit a "declaration" letter to the school district. The declaration simply provides a formal statement that the family is home schooling one or more children. However, it is important to understand that the filing of such a declaration is completely voluntary under state law. Districts may not require parents/guardians to submit such statements.
If you have questions about this issue, please contact the Funds Management Section in the Division of Special Education.
SUMMER CONFERENCE FOR SCHOOL ADMINISTRATORS
We will hold our 42nd annual Cooperative Conference for School Administrators this summer on August 3-5 at Tan-Tar-A. I encourage you to mark your calendar and make lodging reservations now for this important "back-to-school" meeting.
We will send you a more detailed program description and registration information this spring. I am pleased to announce that our keynote speaker this year will be Ruby K. Payne, a noted consultant on school improvement and author of A Framework for Understanding Poverty. To make room reservations, call Tan-Tar-A at 800-826-8272.
Enclosed is a printed copy of the first Missouri Public School Accountability Report that we published in December. This state "report card" includes nearly all of the same data that districts are required to publish in their own annual reports. This compact report may be a useful reference for you.
We are beginning to hear suggestions that, because of the growing financial problems in Missouri, we should "back off’ from some of our accountability requirements – the MSIP standards in particular. I urge you not to support or encourage such talk. All of us have committed to the idea of setting higher expectations and standards for students, teachers and schools. Even though I understand the pressure and frustration that you are dealing with as a result of the looming reductions in state aid, this is not the time for school leaders to be advocating a relaxation of standards.
There are good reasons, I believe, why you and your board should uphold the MSIP standards today. First, the budget problems we are experiencing today are not unprecedented. School districts have survived tough financial times before.
Second, the resource and process standards included in MSIP represent the consensus view of Missouri educators about the programs and services considered to be important and desirable elements of a quality program for all young people. The MSIP criteria are not arbitrary "DESE" standards. The standards were developed in concert with the educational community; they have evolved over the past decade with input from countless teachers and administrators. The standards describe the level of services we believe all kids deserve, and the type of services that we believe will contribute to better academic performance. Don’t devalue those standards simply because we are now dealing with difficult economic conditions.
Finally, the MSIP standards are flexible enough to accommodate the problems that individual districts may encounter as a result of financial problems. The review process allows us to recognize unique local conditions so that we don’t penalize a district’s accreditation status due to unusual financial circumstances. We are prepared to consider each district’s overall program, progress and performance – as well as its financial situation – as we make important accreditation decisions. The important thing to remember is that performance will remain the decisive factor.
We are facing the prospect of significant cutbacks within the Department of Elementary and Secondary Education. Like you, we are being challenged to do more with less. I have been in your shoes, and I understand the difficult choices that many of you are facing these days. The year ahead may be very tough for some of our friends and colleagues. But this is not the time for us to waver or give lukewarm support to the goals and standards for which we have worked so hard over the past decade.
Sincerely,
D. Kent King