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S CHOOL BUS INESS AF FAIRSsbaOctober 2009 | Volume 75, Number 9 Association of School Business Officials International®

Legal and Legislative IssuesHow to Avoid Unwanted Legal Issues

The Many Faces of Compliance

Reimbursement Under IDEA

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table of contents | OCTOBER 2009

LEGAL AND LEGISLATIVE ISSUES8 Four Strategies to Help Keep

You Out of CourtBy Mui Kim Teh

14 The Many Faces of Compliance: The Supreme Court’s Decision in Horne v. FloresBy William E. Thro, J.D., M.A.

18 Know the Law: Reimbursement Under the IDEAAllan G. Osborne, Jr, Ed.D., and Megan L. Rehberg, J.D.

22 The Supreme Court and Strip Searches Charles J. Russo, J.D., Ed.D.

26 Business Intelligence: Turning Knowledge into PowerBy Krista Endsley

8

14

2 OCTOBER 2009 | SCHOOL BUSINESS AFFAIRS www.asbointl.org

DEPARTMENTS4 PRESIDENT’S MESSAGE

6 PUBLISHER’S MESSAGE

7 EXECUTIVE DIRECTOR’S MESSAGE

30 LEADERSHIPTop Model: Self-Auditing Your Leadership SkillsBy Gene Spanneut, Ed.D.

34 TECHNOLOGYNavigate Your School to Smart Software ChoicesBy John Weidenhammer

35 CORPORATE CORNER

36 SPOTLIGHT ON JOHN BUTLER

12 AD INDEX

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You make a

difference,

and what you

do matters.

president’s message

Getting Down to BusinessBy Angela D. Peterman, RSBS


Well, it’s October and we’re mereweeks from our annual meet-ing in Chicago. This year’stheme, “Get Focused,” seems

ever so appropriate considering the challeng-ing times we face.

Doesn’t it seem like just yesterday we weredealing with spring fever, balancing our budg-ets, feverishly working to settle employmentcontracts, and contemplating the myriad sum-mer projects we had to address? Now, a fewweeks into the school year, our mirror-finishedfloors are scuffed and marred and economicforecasts suggest revenues will continue todecline, leaving us with budgets to be balancedand employee contracts to be reopened.

What happened to those years when thebiggest issue we faced heading into the newyear was whether the football field would be inshape for the first game?

While our new school year begins amid a mul-titude of uncertainties, what we can be absolutelycertain of is that our students are back and we’reexpected to provide quality edu cation oppor-tunities in the most effective and efficient man-ner possible. So, how do we do that? How do weensure our facilities are clean and safe; our trans-portation systems cost effective; and every dol-lar spent helps improve student achievement?

Oh, and, let’s not forget about the need tobe transparent and accountable while doingall of this. Yes, I believe we need focus, nowmore than ever before. It’s time to open ourtoolbox and sharpen our tools.

How do we maximize resources in the class-room effectively and efficiently? How do weidentify best practices and share them? Pro -fessional development and networking oppor-

tunities are among the best and easiest meth-ods! Yet, we frequently reduce professionaldevelopment budgets during difficult eco-nomic times. It seems this practice is some-what at cross purposes with our desired goal.

The ASBO Annual Conference offers morethan 100 professional development sessions,several pre-conference workshops, and myr-iad opportunities for networking with col-leagues. ASBO also offers a significant numberof professional development and networkingopportunities beyond the annual meeting. Justvisit the ASBO Website and you will find infor-mation regarding our certification program,access to our online Live Learning Center, work-shop and conference archives, a professionalskills assessment tool, professional registrationprogram, and various Webinars.

Have you checked out the ASBO EconomicRecovery Blog or ASBO Radio? These are justa few of the valuable tools available to you asan ASBO member.

Remember the contributions you make aseducation leaders. Each of you truly improvesthe lives of children every day. You make a dif-ference, and what you do matters. Althoughyou may not see the results of your work foryears to come, don’t forget that nothing worthhaving comes quickly or easily.

As professor Randy Pausch said, “We can-not change the cards we are dealt, just how weplay the hand.”

President, ASBO InternationalExecutive Director, Oregon Associationof School Business Officials

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publisher’s message

School Business Af fairsOctober 2009 | Volume 75, Number 9

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

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

and additional mailing of fic es.

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

2009 BOARD OF DIRECTORSPRESIDENT — Angela D. Peterman, RSBS

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

EXECUTIVE DIRECTOR — John D. Musso, CAE, RSBA

DIRECTORSEdward Emond, RSBA

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

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

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

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

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

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

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

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

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EDITORIAL STAFFDIRECTOR — Siobhán McMahon

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FORMS, FORMS FORMS

Regular readers of this column know I have one child inthe public school system. Yesterday I got my first home-work assignment! My daughter arrived home from herfirst day of school with a heavy backpack filled with alarge amount of information for me to digest and whatfelt like even more forms for me to complete.

There were the unsurprising ones – the whom to contactin the case of an emergency form, the whom to contact ifthey couldn’t reach me form, the confidential envelope toapply for reduced/free meals, the sign off for use of photos,video material, and artwork produced by my child. I com-pleted the student emergency dismissal plan, and readthrough and signed off on the school handbook and theschool district handbook.

Some of the surprising items that came home with myfirst grader were the Student and Parent Weapons Alertand the Student and Parents Drugs Alert. “She’s justturned six,” I thought, but I knew this information camehome for a reason. In fact, I was required to sign all theseforms because doing so would help the schools keep thechildren and teachers safe.

Then I thought about the articles for this month’s issueof SBA on Legal and Legislative Issues and realized theforms I signed also protect the school district from legalaction. As the school business manager, one of your rolesin risk management is to be aware of all the legal require-ments your school district has to follow.

Reading through “Four Strategies To Help Keep YouOut of Court” (pg. 8) I was dismayed, yet not surprised,to read that some school districts, choose not to offercontact sports for fear of facing legal charges in relationto physical injury. Thankfully, most districts are moreevenhanded and choose to be cautious and proactive.

How do you make sure your school district is not theone facing charges? And if that situation arises, how doyou make sure you’re as prepared as you should be? Thismonth’s authors offer you their expertise and insights.

We hope you enjoy and learn much from this issue, andas always if you have any feedback about the magazine,please contact me at [email protected] or866/682-2729 x7076.

—Siobhan McMahon, Managing Editor

Colophon: During production of this issue, Pat tried yoga for thefirst time; Siobhan got a flat tire wearing white trousers; and Laurenenjoyed a wonderful Labor Day weekend of golf and visiting localwineries.

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

Back in the early 1970s, when I firststarted teaching, a huge issue rearedits ugly head in the form of theenergy crisis. My very first crisis as

an educator! School districts everywhere beganimplementing cost-cutting measures: turningoff lights in empty rooms, shortening schoolbus routes, and researching four-day schoolweeks. Indeed, this was a crisis in education.

But, was it really that bad?In 1975, the Education of All HandicappedChildren Act (PL 94-142) required that a freeand appropriate public education be providedfor all handicapped students. States had until1978 to provide additional services under thenew act, which was not fully funded. Budgetpressures mounted such that the governmentextended the deadline for full implementationto 1981. Still, in many cases, programs werecut to fund the new mandate.

But, was it really that bad?Then, in 1983, the National Commission ofExcellence in Education issued A Nation atRisk. This signaled the crisis to end all crisesin education. The report indicated that whileAmericans could take pride in our nation’sschools, the educational foundations of oursociety were being eroded by a rising level ofmediocrity that threatened our future as anation and as a people. Education and educa-tors everywhere were to blame. The reportcalled for sweeping reforms in public educa-tion and teacher training.

But, was it really that bad?In 1992, the nation’s first charter school openedin St. Paul, Minnesota. One by one, statesbegan passing charter school legislation. Theimpact was significant. Public school systemsfaced declining enrollment and in many casesdeclining funding. We dealt with budget issuesand public relation issues because many charter

school students posted higher test scores thantheir public school peers.

But, was it really that bad?The controversial No Child Left Behind Act,signed into law on January 8, 2002, holdsschools accountable for student achievementand doles out penalties for schools that do notmake adequate yearly progress toward meet-ing NCLB goals. While many agree with thebasic tenants of NCLB, once again, school sys-tems were issued unfunded mandates, furtherdraining budgets in many jurisdictions. Someignored the legislation, convinced it would justgo away. But, it was here to stay in one formor another, and school business officials onceagain pulled rabbits out of their hats to fundeducation and balance budgets.

But, was it really that bad?Last year, the economy hit the skids. Americawas in the worst economic shape any of uscould remember. We needed immediate action.As we entered 2009, we were working withthe American Reinvestment and Recovery Act,providing more than $100 billion for educa-tion with the intent of preventing layoffs,reforming education, and modernizing andrepairing our school buildings.

The skills and endurance of school businessofficials are being tested by the compliancerequirements of ARRA. In many cases, ARRAmoney has only minimized the economic impacton school budgets cuts. This is one-time money.Core services in some school systems have beenreduced or eliminated. What’s next? How willwe deal with it?

But, is it really that bad?Each decade has brought with it more challeng-ing issues for educators. We have dealt with theseissues and then moved on. So, let’s keep the cur-rent challenges in perspective, for we will survivethese also. Keep all adversity in perspective.

Is It Really That Bad?John D. Musso, CAE, RSBA

Each decade

has brought with it

more challenging

issues for educators.

executive director’s message

School business officials andother education leaders worrynow more than ever about facing legal battles. Maybe

today’s parents are more likely to run tothe lawyer’s office. Or maybe they sim-ply expect everything to be a certainway—their way. Regardless, the resultis the same: today’s school leaders arelikely to find themselves having todefend their actions in a legal arena.

Of course, the picture may vary from country tocountry, but when I examined trends across a range ofeducation systems recently, there was no doubt that,overall, schools are experiencing more legal incidentsthan they were just a decade ago.

Naturally, one does not want to paint a bleak pictureof briefcase-carrying lawyers rushing in and out of schoolsdaily. However, there is a general sense of unease amongeducators that we must be careful about what we do be -cause someone is waiting for the first opportunity tocreate legal difficulties for us.

It is in that climate that we have to be aware of legal riskand to find ways of reducing it to the lowest levels possible.

Common ApproachThe best way to minimize any risk is to take no risk andtherefore to do nothing! Although that may sound face-

legal and legislative issues

Four Strategies to HelpKeep You Out of Court By Mui Kim Teh

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tious, it is exactly what some schools have done, espe-cially in relation to the risk of physical injury. Theyhave stopped offering contact sports and may even bereluctant to allow teachers to reprimand studentsbecause of a possible backlash.

Fortunately, most schools take a more reasonableapproach, simply exercising caution where it is neededmost. But it is not quite as easy as simply being careful.When one thinks of everything that could possibly happenin a school, it is clear that educators need to have not onlya good understanding of legal risk, but also a set of strate-gies to reduce their chances of running afoul of the law.

Overall, schools are experiencing more legalincidents than they werejust a decade ago.

The task may appear straightforward: bring principalsand their teachers together and (a) inform them aboutlegal matters relating to education and then (b) pinpointa set of easy-to-apply actions for averting risk.

The first step, establishing awareness, is crucial. Sadly,that message has not reached some teacher-training insti-tutions, and in some schools it may be considered theprincipal’s concern. But some fundamental knowledgeabout the law as it relates to schools is essential becauseeach day decisions must be made—sometimes on thespur of the moment—that could result in devastatingconsequences should things go awry.

The second step, identifying a set of “how-tos,” isproblematic because not everyone views the issue fromthe same perspective, and that affects what they chooseto do. Failing to account for different perspectivesmeans that advice, strategies, and formulas for successwill likely go in one ear and out the other.

My work has shown that we need to understand the“stories” that people typically tell about their situationbefore we can give convincing advice about what willwork and what won’t.

Diverse PerspectivesWhen I was in Singapore, I undertook some research withnearly 50 of the country’s school principals. I asked themthis question: What is the best way to minimize legal riskin your school? Although the answers I received differed,there were some patterns. The Q methodology approach I used enabled some complex factor analysis that showedthat the principals’ responses could be condensed intofour summary responses, and that nearly all principalscould be aligned with one of these points of view.

These four viewpoints can arguably be described as“solutions” to avoiding legal difficulties in our schools.

1. The “Training” SolutionThe best way to reduce exposure to legal risk in schoolsis to ensure that people receive adequate training. Allprincipals, vice principals, department heads, teacherleaders, counsellors, and other staff should be trained inhow to avoid legal risk. However, having well-trainedschool leaders is most critical; therefore, principalsshould be the first to receive instruction.

Teachers should receive training in the correct courseof action for any given situation, as well as in mediationskills, as arguments among parents and teachers canlead to legal consequences. The training process can besupported by such activities as conferences, a principals’forum, staff meetings, and student assemblies.

These training strategies should be complemented by other effective strategies, like giving advice to youngteachers early in their careers, ensuring that teachers andstudents understand behavior policies and disciplinaryprocedures, and providing teachers with constant rein-forcement about the legal implications of their actions.

Experience, however valuable, is no substitute for train-ing, and we cannot rely on familiarity with the adminis-trator’s handbook to sort out our legal issues. Rather, weshould provide the right training, spell out the correctprocedures, and give staff the skills to develop good rela-tionships among students, parents, and teachers.

2. The “Guidelines and Leadership” SolutionThe optimal way to manage legal risk is to ensure thatsystems, processes, and broad guidelines are in place.Principals should spell out behavior policies and disci-plinary procedures to teachers and students and makethem aware of the correct courses of action.

Principals should also establish safety guidelines anddisseminate them to everyone who works in their schools.Staff meetings and student assemblies to review safetyrules will also help. School personnel should identify par-ticularly dangerous areas, like physical education facilitiesand science labs, and monitor them closely. Standardoperating procedures will help avert risk. They shouldalso identify hazards and assess the risk of accidents.These assessments should be carefully documented.

The real key to running a relatively “risk-free”school is a strong principal—one who will give clearinstructions and ensure compliance.

With good strong leadership, and some sensiblythought-out guidelines, schools should be able to man-age and possibly even avoid legal risks.

3. The “Relationships” SolutionA key to managing legal risk lies in the quality of humanrelationships. For example, schools should maintain reg-ular contact with parents, keep them informed, and lookafter the welfare of their teachers. Some training in medi-ation skills will also enhance relationships.


Despite teachers’ clearly delineating their expecta-tions to students, students do not always meet thoseexpectations, so they may need to be periodicallyreminded of the consequences they face.

The best way to reduceexposure to legal risk in schools is to ensure that people receiveadequate training.

Some understanding of the law is useful and, indeed,principals should be the first to receive such knowledge.But large-scale training, such as a university course, isunnecessary. Supervision measures, standard operatingprocedures, and rules are useful defense mechanismsonly when relationships fail, so they are not the bestways for avoiding legal risk. Strong leaders can be suf-focating if they simply issue directives, so they too areunlikely to be the best solution.

The government might do more to protect teachersand schools from the consequences of an increasinglylitigious society, but, ultimately, the most effectivestrategies are those that are designed to nurture good,

meaningful, and sustainable relationships—character-ized by common sense and sensitivity—among parents,students, and educators.

4. The “Blended” SolutionImplementing a judicious blend of strategies will helpavert legal risk. Good relationships between studentsand teachers and regular contact with parents, com-bined with a concern for teachers’ welfare, form a keyplatform for success in keeping things under control.

Relationships can be enhanced if educators have mediation skills to cope well when things go wrong.A district-, state-, or government-sponsored conferenceor principals’ forum would support the training strategy,and the key personnel should be the main recipients oftraining in legal issues.

Although schools can adopt a range of effectivestrategies, the government should play its part by intro-ducing legislation to prevent schools, teachers, andprincipals from being sued; it would be a major sourceof support in reducing the fear generated by legal risks.The Department of Education also has a significantrole, for it can give clear advice and publish it, soschools have a ready source of reference. Better stillwould be a legal help desk.

Other strategies include identifying major accidenthazards and problem areas, like physical educationfacilities and workshops, and then monitoring them

and holding staff meetings and student assemblies toreview rules. Reminding teachers of the major riskareas of school activity can reinforce this information.

The principals’ handbook is not the answer toavoiding legal risk.

The principals’ handbook is not the answer to avoid-ing legal risk, and we cannot rely on our common sense,sensitivity and honesty, nor on our predilection for thebest interests of children; worthy attributes though theyare, the harsh realities of contemporary school life callfor a realistic range of strategies to avoid legal incidents.

Emerging ThemesSome interesting themes emerge from these strategies. Thefirst is largely about the need for training; the second isabout systems and procedures, combined with strongleadership. The third viewpoint emphasizes the need forstrong relationships, but it also brings in the role of gov-ernment in setting legislative standards. The fourthfocuses on a range of strategies and emphasizes the needfor the government to play its part.

By understanding the fundamentally different view-points, we can better communicate with people. Forexample, there is little point in extolling the virtues oftraining with someone who adheres to the relationshipssolution. He or she simply won’t buy the arguments.Thus, this understanding enables us to “connect” withdifferent people. If you advocate a particular line ofargument for dealing with legal risk, you may be heardby only one group of teachers or principals, whereasothers may close their ears or be dismissive.

In the real world, though, when we sit in front of alarge group of teachers, school business officials, orother education leaders, their viewpoints may differ asmuch as the divergent themes presented here. How canyou address legal risk in that situation?

One way may be to listen carefully to the key deci-sion makers and understand their strategies. Althoughthe stories in other contexts may not be quite the sameas those that emerged in my research, it is not too diffi-cult to understand if someone is persuaded by, say,rules and regulations, or by the need for systematictraining. Solutions can then be discussed along thoselines, but with some supporting solutions thrown in.

Another way is to try to gauge the “dominant” view-point and tailor your advice to that. Even though theremay be several strategic preferences among any givengroup of educators or officials, there are probably onlyone or two that have wider acceptance. Then, it is possi-ble to focus on key strategies that align with those views.

The point is, there is no right or wrong way to dealwith legal risk. There are different strategies, some ofwhich are more effective than others. But you will getnothing done in a school by advising school businessofficials and other education leaders to improve rela-tionships with parents when they all believe that a rigidregulatory framework is the main way to preventmishaps. So, I would say we should begin by workingwith key decision makers’ preferences and then opentheir minds to other possibilities.

Another way of approaching legal risk managementis to view it as a two-stage process: avoiding legal risksat the outset (training and guidelines solution) and thenfiguring out strategies to deal with legal issues (guide-lines and relationships solutions).

Finally . . .My research has shown that whatever approach isadopted to minimize legal risk, it is useful to know thatdifferent people see the world in different ways, andeducators, school business officials, and other educa-tion leaders are no exception. Although the temptationmay be to sigh and ask why others cannot see it yourway, the best way to effect change for the better is towin people’s hearts and minds, and if you are going todo that, you need to understand their point of view.

Mui Kim Teh is a lecturer on the faculty of business, School ofLaw, University of Southern Queensland, Fraser CoastCampus, Australia. Email [email protected]


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DIFFERENCES THAT MATTER.

John D. Musso, CAE, RSBASchool Business Affairs – April 2009


The Many Faces of Compliance: The Supreme Court’s Decision in Horne v. Flores By William E. Thro, J.D., M.A.


t first blush, the Supreme Court’s recent deci-sion in Horne v. Flores (2009) appears to beabout the proper standard for determiningwhen to modify a previous judgment, a

topic that would interest only civil procedure geeks. Yet,on closer examination, Horne is about giving local andstate officials discretion to solve education problemsand, ultimately, about solving education issues withoutspending more money.

Horne is one of those cases that seems to last forever.The case began in 1992 when a group of English-lan-guage learners (ELLs) and their parents sued educationofficials in Arizona, alleging that the Nogales SchoolDistrict violated the Equal Educational OpportunitiesAct. The plaintiffs contended that the state officialfailed to take appropriate action to overcome languagebarriers that impeded the children from equal partici-pation in various instructional programs.

In January 2000, after almost eight years of litigation,a federal trial court concluded that Arizona violated fed-eral law because the amount of funding the state allo-cated for the special needs of ELL students was arbitraryand unrelated to the actual funding needed to cover thecosts of ELL instruction in Nogales. Although all theplaintiffs were in the Nogales district, and even thoughthe trial court made no findings regarding any districtother than Nogales, it expanded its order in 2001 toinclude the entire state. The court further ordered thestate to provide funding rationally related to the actualamount of funding needed by January 31, 2002.

When the state failed to comply with the trial courtorder by late 2005, the court held the state in contemptand directed the legislature to increase funding within15 calendar days or face significant fines. Once thefines totaled $20 million, the legislature passed anincrease in funding.

Although the governor thought the new legislationwas inadequate, she allowed the bill to become lawwithout her signature and urged the attorney general toask the trial court to determine whether the state wasmeeting its obligations. The governor, the state boardof education, and the original plaintiffs all agreed thatthe recently passed legislation was inadequate; the statesuperintendent of public instruction said the new legis-lation was sufficient.

Legislative leaders moved to intervene to purge the con-tempt order or grant modification of the judgment be -cause of changed circumstances. The trial court, however,concluded that the new legislation was insufficient toaddress the federal law violations. The court found that (a)

A

the funding increase was not rationally related to effectiveELL programming, (b) the two-year limit on funding foreach student was irrational, and (c) the legislature’sreliance on federal funds violated federal law. The courtdid not address the request of legislative leaders to modifythe judgment in light of changed circumstances.

On appeal, in an unpublished decision, the NinthCircuit vacated the earlier order and fines whileremanding for an evidentiary hearing on the legislativeleader’s request to modify the original judgment.

On remand, the federal trial court denied the requestto modify the judgment. The court maintained that thenew legislation did not establish a funding systemrationally related to providing the actual costs of ELLinstruction. When the legislature failed to pass new leg-islation, the court again found the state in contemptand the legislative leaders appealed.

Although the Ninth Circuit noted that the state hadmade significant improvements in ELL instruction since2000, it affirmed the trial court’s denial of relief. Thecourt agreed that unless it could be shown that therewere no additional costs associated with ELL instruc-tion or that Arizona had substantially altered its fund-ing model, there would be no modification. Thesuperintendent of public instruction and the legislativeleaders asked the Supreme Court to review the decision.

Supreme Court ProceedingsIn an opinion written by Justice Alito and joined byChief Justice Roberts as well as Justices Scalia,Kennedy, and Thomas, the Supreme Court reversed.

The Court began by examining whether any of theparties that sought further review actually had standingto do so. Since the governor and the state board of edu-cation agreed with the original plaintiffs that the statewas not doing enough, and given that these officialshad the ultimate responsibility for complying with thelaw, there was a serious standing issue.

Nevertheless, the Court quickly resolved this question.Insofar as the state superintendent was a named defen-dant and subject to the injunction, the Court pointed outthat he had standing. Moreover, the Court observed thatthe new governor of Arizona ordered the attorney gen-eral to switch sides. Since the superintendent had stand-ing, the Supreme Court thought it unnecessary todetermine whether the legislative leaders had standing.

The Supreme Court began its analysis on the meritsby acknowledging that suits aimed at bringing aboutfundamental change in policy, often called “institu-tional reform litigation,” raise special concerns that arenot present in ordinary suits. First, the Court explainedthat injunctions remain in place for years and the pas-sage of time requires reexaminations of decisions.

Second, when a federal judge is overseeing areas thattraditionally are left to the states or when the federal

courts are dictating state and local budgetary priorities, theCourt indicated that new constitutional issues are raised.

The Court asserted thatwhen new officials takepower, they find them -selves bound by differentpolicy choices and theirown discretion limited.

Third, because state officials often want to furthertheir own policy views, the Court wrote that they con-sent to or only nominally oppose injunctions that gowell beyond what federal law requires. The Courtasserted that when new officials take power, they findthemselves bound by different policy choices and theirown discretion is limited. Because of this concern, theSupreme Court reasoned that the question of modifica-tion turns on whether the state has corrected the fed-eral law violation rather than on whether the state hascomplied with the court order.

The Court demonstrated that there are many ways toachieve compliance with federal law. According to theCourt, the fact that some officials consented to pursueone method does not mean that their successors cannotpursue another. As long as federal compliance isachieved, the Court was satisfied that modification ofthe judgment and dissolution of the injunction wereappropriate. Indeed, the justices pointed out that fed-eral courts have an obligation to return control to stateand local officials as soon as the federal law violationhas been corrected.

The Supreme Court found that the lower courtsignored this principle. First, the lower courts focusedexclusively on the narrow question of the adequacy ofthe state’s incremental funding for ELL instructionrather than fairly reviewing the broader question ofwhether, as a result of important changes during theintervening year, the state fulfilled its obligations underfederal law by other means. Second, the Court ruledthat both the Ninth Circuit and the trial court ignoredthe federalism. The Court added that when, as inHorne, state officials take opposite positions, federal-ism concerns are elevated.

Insofar as the lower courts applied too narrow a stan-dard and had ignored the federalism concerns, the Sup -reme Court reversed the Ninth Circuit’s judgment andremanded so that the trial court could apply the properanalysis. However, the Court articulated five importantlegal and factual developments that “may warrant thegranting of relief from the judgment.”


First, the Court noted that Arizona adopted a newELL instructional methodology. Instead of stressing“bilingual education” in which students are taught coresubjects in their native language, Arizona now relies on“structured English immersion” in which students aretaught almost exclusively in English.

Money does not determine compliance or educational success.

Second, the Court indicated that Congress enacted theNo Child Left Behind legislation, which emphasizes flexi-bility for local officials but demands that the schools meetcertain standards, including compliance with the EqualEducational Opportunities Act. Although compliancewith NCLB does not mean compliance with the EqualEducational Opportunities Act, the Court observed thatcompliance with NCLB does alter the educational land-scape in ways that promote compliance with federal law.

Third, the Court acknowledged that there were manystructural and management reforms in the NogalesSchool District that may have led to compliance.

Fourth, the Court recognized that the amount offunding available to Nogales had increased and mayhave resulted in compliance in the district.

Fifth, the Court admonished the lower courts forextending the orders on a statewide basis. Although theplaintiffs proved a violation in Nogales, one of 239 dis-tricts in Arizona, and one that serves less than 1% ofthe state’s students, the plaintiffs did not prove astatewide violation of federal law. Indeed, it appearedthat the only basis for extending the injunction to theentire state was the belief that a limited injunctionwould violate the Arizona Constitution.

The Supreme Court found that a potential state con-stitutional violation could not justify action by a fed-eral court. Unless there was a finding of a statewideviolation of federal law, the Court directed that thestatewide injunction would have to be vacated.

Justice Breyer, joined by Justices Stevens, Ginsburg,and Souter, filed a lengthy dissent. In their view, thelower courts had properly focused on the issue of funding rather than on whether compliance had beenachieved through other means. Indeed, the adequacy of funding was always the central issue.

Moreover, the dissent did not regard Horne as insti-tutional reform litigation, but merely as a disputewherein a local board failed to comply with a federalstatute. Further, the dissent argued that the lower courtactually addressed the new considerations and that themajority was merely second-guessing factual findingsrather than deferring to factual findings.

Finally, Justice Breyer and his colleagues believedthat the framework ultimately adopted by the Courtwas unworkable.

ImplicationsDespite the length of the opinions, the duration of theproceedings, and the complexity of the record andsome of the issues, Horne offers three straightforwardimplications for school business officials.

First, there are many ways to comply with federallaw. Although school boards and their officials mustcomply with federal law, they do not have to agree withthe methods chosen by the plaintiffs. For example, theplaintiffs in a Title IX case may wish a board to achievecompliance by adding a specific sport for women.However, board officials may decide that anothermethod, such as cutting sports for men or adding a dif-ferent sport for women, is more appropriate.

Moreover, money does not determine compliance oreducational success. Changed circumstances or new legaldevelopments may trump financial considerations. TheCourt ruled that the judiciary has limited discretion todictate how compliance is achieved. Even where a courtpicks a particular method, such as mandating moremoney, a board may be able to end judicial supervisionby demonstrating its compliance through other means.

Second, it is easier to modify or dissolve injunctions.The question now is whether a school board compliedwith federal law, not whether it has done exactly what thejudiciary wanted it to do. Moreover, injunctions that resultfrom an official’s consent or only nominal opposition aretreated with skepticism. The Supreme Court recognizesthat some officials use judicial orders to achieve funding orpolicy goals that cannot be achieved through the normalpolitical process. These are important distinctions andresult in greater discretion for local school districts.

Third, state and local control of education remains aparamount constitutional value. Although the SupremeCourt has made similar pronouncements in its cases,rarely has it done so as forcefully as it did with Horne.Justice Alito’s opinion for the Court makes it clear thateducation professionals at the local and state level, notfederal judges, should be deciding educational policy.

In sum, Horne is not just a case for those who obsessabout civil procedure and the role of the federal courts.Horne is a decision that expands the discretion of edu-cation officials, limits the role of federal courts, andreaffirms the importance of local control.

ReferenceHorne v. Flores, 2009 WL 1789470 (2009).

William E. Thro, J.D., M.A., is university counsel and assistantprofessor of government at Christopher Newport University,Newport News, Virginia. He served as solicitor general ofVirginia from 2004 to 2008 and argued two cases before theSupreme Court of the United States. Email: [email protected]


When school boards fail to provide thefree appropriate public education(FAPE) guaranteed in the Individualswith Disabilities Education Act (IDEA),

students with disabilities and their parents can be com-pensated in various ways. One of the more commonremedies is to reimburse parents for tuition and othercosts they may have incurred in obtaining special-educa-tion and related services privately.

In spite of numerous cases on the issue of tuitionreimbursement, including two from the Supreme Court(Burlington School Committee v. Department of Edu -cation, Commonwealth of Massachusetts [1985] andFlorence County School District Four v. Carter [1993]),and an IDEA amendment that delineates conditionsunder which parents can be reimbursed for private

school tuition (20 U.S.C. § 1412[a][10][C]), litigationin this area continues.

In Forest Grove School District v. T.A. (2008), theSupreme Court handed down its third pronouncementon tuition reimbursement, this time addressing whethera parent who places a child with a disability in a pri-vate school is entitled to tuition reimbursement if thechild has never attended a public school. The Courtheld that students are not barred categorically fromreceiving private school reimbursement simply becausethey did not receive public school services first.

Forest Grove has important financial implicationsfor school boards, as tuition reimbursement awardstypically involve tens or even hundreds of thousands of dollars and often represent unplanned expenditures.However, for schools that, with due diligence, actively



Know the Law: Reimbursement Under the IDEA

By Allan G. Osborne Jr., Ed.D., and Megan L. Rehberg, J.D.

Executive LEADERSHIP forum

ASBO International11401 North Shore DriveReston, VA 20190-4200

P 866/682-2729F 703/708-7060www.asbointl.org

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You’re invited to a one-of-a kind leadershipexperience! This Leadership Forum will help youmeet the diverse leadership challenges you facemanaging a school district. Join a network of schoolbusiness leaders to refine your strengths and explorenew ways to lead your team, your district, and yourstudents.

Bring DDisney MMagic BBack ttoYour DDistrictSince Disney Institute opened in 1986, millions ofattendees representing virtually every sector ofbusiness from every corner of the globe have had anopportunity to witness and experience theseinnovative business strategies.

Disney has inspired generations of leaders toexamine their business practices in an entirely newlight. Like leaders before you, you will find yourschool district has more in common with Disney thanyou ever imagined.

Your return on this investment is across-the-boardimprovement. You'll realize this improvement inprocesses, your work environment, and the deliveryof customer service. You'll sense it in yourself andyour employees—even your students—who will be

inspired to strive for excellence. Above all, you'll seeit in increased productivity and a renewed sense ofpurpose and potential.

Disney professional development doesn't cost—itpays. Bring the dividends of strong leadership backto your school district!

Follow tthe LLeaders—to LLake BBuena VVista, FFLFebruary in Florida. Need we say more? Instead ofgetting up at 4:30 a.m. to drive your district's snowcovered roads to call a snow day, you could be at aleadership conference you'll be talking about foryears to come. Thaw your creativity in the Floridasun and bring your family for a trip full of inspiration.With the Walt Disney World® Theme Parks, thrivingnightlife, arts and culture, entertainment, golf, andmore—there's fun for everyone.

Executive LEADERSHIP forum2

You’re Invited to the InauguralExecutive LEADERSHIP forum

Exclusive Experience—Limited to 300 Attendees

SSeett YYoouurr GGeeaarrssttoo LLeeaadd YYoouurr DDiissttrriicctt

A school day's rhythm is tightly threaded, each piece dependent on the other. Your carefulleadership ensures the smooth motion and sets thewheels of progress moving to meet every child’sneeds. With your responsibilities, you must be at thetop of your game. You have a team, a district, acommunity—and your students—who are countingon you to lead them into a positive future.

It's time to channel your inner cog leadership. That'sright, inner cog. Just like the edge of the gear wheelthat transfers motion from one wheel to the next,school business officials play a key role in propellingtheir school districts forward. The inauguralExecutive Leadership Forum will help you keep yourteam operating as a well-oiled machine.

Here are some reasons you don't want to missASBO's Executive Leadership Forum:

Of SBOs, for SBOs, by SBOs. You asked formore leadership development, and we're delivering.When ASBO's Futures Task Force recommendedthat ASBO work to make members recognized asleaders and to develop programs that strengthenleadership skills, we created a conference to do just that.

Who you know. Whether you're an aspiring leader or an accomplishedveteran, there's nothing more powerfulthan a network of colleagues to call onfor advice. You know the electric feelingof walking into a room of movers andshakers, fellow leaders who make

a difference? The Executive Leadership Forum willbe that room, full of distinguished attendees andvaluable connections.

Experiential professional development.There's no substitute for getting "out there." That'swhy Disney's field experience will transform you as a leader. You'll go behind the scenes to find out howto keep your team members motivated and excitedabout their work.

When history-changing moments are upon us, wechoose to stand up or step back. The stakes arehigh. The nation is watching. Choose to step up, toadvocate for students, to lead the future ofeducation.

Limited to 300 attendees, ASBO's first ExecutiveLeadership Forum will be a prestigious gathering ofthe best in school business. Participate for yourdistrict—to lead your team, to support your students.Participate for yourself—to prove that you are aleader in school business. We hope you will be atthe table.

"School business officials have a critical voice in the future of education. This leadership forum will revitalize our mission of helping

students and remind us that we can make a difference."

Erin K. Green, MBA, RSBAPresident, 2010, ASBO International

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Thursday, FFebruary 446:00 p.m. - 7:30 p.m. Welcome Reception

Friday, FFebruary 557:00 a.m. - 8:00 a.m.Optional Early Bird Session:Performance Management for the Public Sector

Be among the first to hear about the PerformanceManagement Framework for State and LocalGovernments, expected to be released in January2010. Lee Legutko, a long-time school businessofficial and the ASBO representative on thecommission that developed the framework, will helpyou apply proven principals of performancemanagement to your work in school business.

8:30 a.m. - 10:30 a.m. Welcome and Disney's Approach to Leadership Excellence

Today's workforce responds to leadership thatfollows a coaching or mentoring model; gone isyesterday's top-down managerial hierarchy. WaltDisney himself was a firm believer in working with histeam to provide vision, to set goals, and toencourage involvement and accountability. Learnhow to engage your team members and commit toexcellence every day.

11:00 a.m. - 12:30 p.m.Disney's Approach to Quality Service

The longstanding reputation Disney has forincredible service and friendly employees is notmagic. It is sound ideology consistently applied inbusiness. Discover how to exceed your stakeholders'

expectations—bringing Disney's legendary service toyour district—through statement of a commonpurpose, quality standards to support the purpose,and systems to deliver on the quality standards.

1:15 p.m. - 3:30 p.m.Field Experience: Compass Tour and Virtual Textile Services Tour

Experience Disney's leadership with these tours—living laboratories of success. The Compass Tour willtake you behind the scenes at a Walt Disney World®Theme Park to experience the elements of qualityservice, Disney-style. You'll learn how to understandyour “customers” so you can ascertain and exceedtheir expectations. The Virtual Textile Services Tourwill lead you through Disney's working laundryfacility, exploring proven techniques used to impart asense of pride and ownership to every employee.Develop a more effective approach to staffinvolvement.

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Saturday, FFebruary 667:00 a.m. - 7:45 a.m.Optional Early Bird Session:NCLB for School Business Officials

What's the big deal about No Child Left Behind?ASBO Assistant Executive Director Ron Skinner, theformer research director for Education Weeknewspaper, will take you through a tour of the past,present, and possible future of Title I federaleducation law and what it means for school businessofficials as education leaders.

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Saturday, FFebruary 668:00 a.m. - 9:15 a.m.School Business Leadership That Works:Striking the Right Balance

Tim Waters, Ed.D., CEO of Mid-continent Researchfor Education and Learning (McREL) and co-authorof School Leadership That Works: From Research toResults, and District Leadership That Works: Striking The Right Balance, will share findings from McREL'sresearch that quantify the effects of administratorleadership on student achievement. Find out how tooptimize the value you, as a school business leader,bring to your district's instructional program.

9:30 a.m. - 10:45 a.m.Communicating When Concern Is High and TrustIs Low —The Basics of Risk Communication

Do you know how to communicate effectively whenemotions run amuck and the stakes are high? Comeprepared to share your experiences in dealing withhostile audiences. Walk away with the skills andtechniques to help build trust and credibility in high-concern, low-trust situations. Leonard Greenberger,partner in the Potomac Communications Group, willuse videos of headline-grabbing public figures todemonstrate communicating in emotionally chargedsituations.

11:15 a.m. - 12:30 p.m.(Concurrent session)From Managing Conflict to Leading Change:What Every Leader Needs to Know and Be Able To Do

In the words of former General Electric CEO JackWelch, "When the pace of change outside of anorganization exceeds the pace of change inside of

an organization, the end of the organization is insight." If Welch's statement is close to accurate, the most important competency for education leadersmay be leading both first- and second-order change.Tim Waters, Ed.D., will present an overview of Mid-continent Research for Education and Learning's(McREL) theory of change, characteristics of first-and second-order change, helpful tools, and usefulinsights for school business leaders who preferleading change to managing conflict.

11:15 a.m. - 12:30 p.m.(Concurrent session)Putting Your New Risk Communication Skills tothe Test

Now that you are familiar with the basic principles ofcommunicating in a high-stakes, low-trustenvironment, do you think you can apply them toyour own professional situation? Practice your newrisk communication skills in scenarios you are likelyto encounter on the job. Leonard Greenberger willhelp you take the next step in becoming a moreeffective communicator by delivering positivemessages to distrustful audiences.

Earn EEducation CCreditsYou'll earn an official Disney Institute certificate

to display in your office, highlighting your exclusive professional development experience.

And add CPE credits to your resume! DisneyInstitute will offer CPE credits for the Friday program,

and ASBO will issue CPE credits for the Saturdaysessions. Visit ASBO's Website for details.


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"All too often school business leaders get caught up in the day-to-daycomplexities of running schools, devoting little time to their own leadership

development. Make time for yourself and enhance your future in the world ofschool business. By improving your leadership abilities, you enable better

learning opportunities for our students."

Gwendolyn SantiagoExecutive Director of Texas ASBO

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seek out children who need services and ensure thatindividualized education program placements provide aFAPE, this ruling will have little to no effect.

The IDEA and ReimbursementThe language in the IDEA that caused the controversystates:

If the parents of a child with a disability, who previously received special education and relatedservices under the authority of a public agency,enroll the child in a private elementary school or secondary school without the consent of or referralby the public agency, a court or a hearing officer mayrequire the agency to reimburse the parents for thecost of that enrollment if the court or hearing officerfinds that the agency had not made a free appropri-ate public education available to the child in a timelymanner prior to that enrollment. (20 U.S.C. § 1412[a][10][C][ii]; emphasis added)

At issue in Forest Grove was the meaning of the phrase“who previously received special education and relatedservices under the authority of a public agency”—language that was added to the IDEA in 1997.

Courts have considered whether Congress includedthis phrase in the statute specifically to bar tuition reim-bursement when parents enroll a child in a private schoolwithout first giving the public schools the opportunity todevelop and implement an appropriate individualizededucation program. In a previous attempt to settle thecontroversy, an equally divided Supreme Court let aSecond Circuit judgment stand, thus failing to deliver aprecedential opinion (Board of Education of the CitySchool District of the City of New York v. Tom F. ex rel.Gilbert F. 2007).

Before the Ninth Circuit’s decision in Forest Grove, asplit developed among the circuit courts. In 2004, theFirst Circuit determined that tuition reimbursement wasnot available in circumstances where the child had notpreviously received special-education and related servicesfrom the public schools (Greenland School District v.Amy N. 2004). Conversely, the Second Circuit grantedtuition reimbursement in two high-profile cases wherethe child had never received special education from apublic agency.

In the first of those two cases, the Second Circuit hada completely different interpretation of the IDEA’s lan-guage than the First Circuit had. The Second Circuitcommented that the phrase did not indicate that tuitionreimbursement was only available to parents whosechild previously received special education from a pub-lic agency nor did it say that it was unavailable to par-ents whose child had not previously received specialeducation (Frank G. and Diane G. v. Board ofEducation of Hyde Park 2006).

Subsequently, the Second Circuit vacated and remandeda federal trial court’s denial of reimbursement by simplyreferencing its earlier decision (Board of Education of theCity School District of the City of New York v. Tom F. exrel. Gilbert F. 2006). The Supreme Court affirmed in a4–4 tie; yet, insofar as the Court failed to render a major-ity opinion, it did not establish a precedent and effectivelyleft the issue unsettled (Board of Education of the CitySchool District of the City of New York v. Tom F. ex rel.Gilbert F. 2007).

The Case SpecificsForest Grove School District v. T.A. involved a student,identified in court documents as T.A., who had difficultypaying attention and completing his schoolwork, butwho nevertheless attended the public schools throughthe 11th grade. Although T.A. never repeated a grade, itmay have been because he received extensive help withhis schoolwork at home.

The Court held thatstudents are not barredcategorically fromreceiving private schoolreimbursement simplybecause they did notreceive public schoolservices first.

Before enrolling T.A. in the private school, his parentstook him to an independent psychologist who diagnosedhim with attention deficit/hyperactivity disorder (ADHD),depression, a math disorder, and cannabis abuse. The psy-chologist recommended placement in a residential pro-gram because of T.A.’s problems in school and at home.T.A. never received special-education services while in thepublic schools, even though it had been noted that hemight have ADHD.

When T.A. was in the 11th grade, his parents with-drew him from the public schools and enrolled him in aprivate residential school that specialized in treatingstudents with behavioral and emotional problems.After T.A. was enrolled in the private school, his par-ents requested that school officials evaluate him a sec-ond time. They determined he was ineligible forservices under the IDEA.

The evaluation team acknowledged that T.A. hadADHD and showed signs of depression, but it found thathe did not qualify under the IDEA as having a learningdisability because the diagnoses did not have a severe


effect on his educational performance. Another team con-vened and decided that T.A. was also ineligible for serv-ices under Section 504 of the Rehabilitation Act of 1973.

Forest Grove providesrelief only in a relativelyfew situations wherestudents did not receivespecial education frompublic agencies.

After the parents initiated an administrative dueprocess hearing, a hearing officer determined that T.A.had disabilities and was eligible for special educationbecause of his ADHD. The hearing officer ruled thatschool board officials had failed to offer T.A. a FAPEand was therefore responsible for the costs of his privateschool placement. On appeal, in an unpublished deci-sion, the federal trial court in Oregon reversed the awardof tuition reimbursement, finding that the parents werestatutorily ineligible for reimbursement under the IDEA.

In a 2–1 decision, the Ninth Circuit reversed thelower court, essentially agreeing with and adopting thereasoning and analysis of the Second Circuit’s decisionin Frank G. The court noted that the expressed purposeof the IDEA was to ensure that all students with dis-abilities were afforded the opportunity for a FAPE.Interpreting the IDEA as prohibiting reimbursement tostudents who have not yet received special-educationand related services from a public school, in the court’sview, ran contrary to this express purpose.

Further, the court saw that such a ruling would meanthat parents would have to wait until the child hadreceived special education from a public school beforesending the child to an appropriate private school,regardless of how uncooperative school personnel andhow inappropriate the special-education services were.

Thus, the court held that a student who had not pre-viously received special-education and related servicesin a public school setting was eligible for tuition reim-bursement.

Supreme Court’s OpinionReading the statute as a whole, the Supreme Court jus-tices determined that reaching any other decisionwould have left some students without a free educa-tion. Further, the Court maintained that a different rul-ing would have allowed school boards to violate the“child find” provision of IDEA, which requires officialsto seek out students for services.

Affirming the decision of the Ninth Circuit, the Sup -reme Court ruled that when school board officials fail

to provide FAPEs to students, the judiciary or hearingofficers must consider relevant factors, such as noticeprovided by the parents and boards’ opportunities toeval uate children to determine whether reimbursementshould be provided. The justices held that since the trialcourt did not consider these factors properly, it had todo so on remand.

ConclusionsAlthough critics of Forest Grove may argue that it willresult in a significant increase in unilateral private schoolplacements, resulting in tens of thousands of unexpectedand unbudgeted expenditures, the reality is not so grim.As in the past, to be reimbursed, parents will have toshow that school boards failed to provide a FAPE andthat their unilateral placements in private schools pro-vided an appropriate education for their children.

Further, consistent with the IDEA and case law, par-ents would need to give their school boards propernotice of their dissatisfaction with the decisions of edu-cation personnel regarding the provision of an aspect ofthe special-education process.

Forest Grove provides relief only in a relatively fewsituations where students did not receive special educa-tion from public agencies. Even so, courts retain theirtraditional powers of equity and may deny or reducereimbursement awards in situations where the parents’unilateral actions are judged to be unwarranted.

Forest Grove does not open the door to allowingreimbursement awards to parents who fail to cooperatewith school boards. The bottom line is that schoolboard officials who properly identify students with dis-abilities and offer appropriate individualized educationprograms from the outset have nothing to worry about.

ReferencesBoard of Education of the City School District of the City ofNew York v. Tom F. ex rel. Gilbert F., 193 F. App’x 26 (2d Cir.2006), affirmed by an equally divided court, 128 S. Ct. 1 (2007).

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

Florence County School District Four v. Carter, 510 U.S. 7 (1993).

Forest Grove School District v. T.A., 523 F.3d 1078 (9th Cir. 2008).

Frank G. and Diane G. v. Board of Education of Hyde Park, 459F.3d 356 (2d Cir. 2006).

Greenland School District v. Amy N., 358 F.3d 150 (1st Cir. 2004).

Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.

Rehabilitation Act, Section 504, 29 U.S.C. § 794.

Allan G. Osborne Jr., Ed.D., is the retired principal of SnugHarbor Community School in Quincy, Massachusetts, and is aconsultant to the Department of Education at KutztownUniversity of Pennsylvania. Email: [email protected]

Megan L. Rehberg, J.D., is a graduate of the University ofDayton School of Law.


Performance counts

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Maintaining a safe, orderly learning environ-ment is a significant challenge for educationleaders, especially when students insist onbringing alcohol, weapons, and drugs into

schools. To compound that challenge, educators whowish to uncover contraband must do so within the con-fines of the Fourth Amendment’s prohibition againstunreasonable searches and seizures.

The Supreme Court has interpreted the FourthAmendment as permitting searches of students andtheir property (New Jersey v. T.L.O. 1985) and drugtesting of student athletes (Vernonia School District 47Jv. Acton 1995; Board of Education of IndependentSchool District No. 92 of Pottawatomie v. Earls 2002).Further, state and lower federal courts have dealt withan array of Fourth Amendment issues, such as usingsniff dogs in schools (B.C. v. Plumas Unified SchoolDistrict 1999) and basing searches on anonymous tips(In re Doe 2004).

With regard to a more controversial type of search,lower courts have reached varied decisions regardingthe constitutionality of strip searches. Although mostcourts have rejected their use (Thomas ex rel. Thomasv. Roberts 2001; Phaneuf v. Fraikin 2006, 2007), somehave ruled that they do not violate the FourthAmendment (Williams ex rel. Williams v. Ellington1991; Cornfield by Lewis v. Consolidated High SchoolDistrict No. 230 1993; Cesta v. School Board ofMiami–Dade County 2002). Still others have rejectedclaims for imposing personal liability on officials whoperformed such searches (Jenkins v. Tallaedga CityBoard of Education 1997; Beard v. Whitmore 2005;Lamb v. Holmes 2005).

However, in a dispute from Arizona, Redding v.Safford Unified School District No. 1 (2008c), theNinth Circuit rejected an assistant principal’s motionfor qualified immunity shielding him from liability afterhe ordered the strip search of a student who violatedboard policy by possessing ibuprofen in school. On fur-ther review, the Supreme Court affirmed that the searchwas unconstitutional but also ruled that the assistantprincipal was entitled to immunity since the student’srights were not clearly established at that time thesearch occurred.

Redding v. Safford Unified School District No. 1Redding unfolded in October 2003 in a middle schoolin Arizona that had a history of problems with studentsusing and distributing illegal substances on campus. Inresponse to the problem, officials adopted a policystrictly prohibiting “the nonmedical use, possession, orsale of any drug on school grounds,” including “[a]nyprescription or over-the-counter drug, except those forwhich permission to use in school has been grantedpursuant to Board policy (Redding 2009a at * 6).

In October 2003, a Safford Middle School student,Jordan Romero, and his mother met with the principaland assistant principal Kerry Wilson, telling them thatother students were bringing drugs and weapons oncampus and that he became ill after taking pills hereceived from a classmate. A few days later, Romerogave Wilson a white pill that he said he received fromfellow student Marissa Glines. When Wilson learned


The Supreme Court and Strip SearchesBy Charles J. Russo, J.D., Ed.D.


from Peggy Schwallier, the school nurse, that the pillwas 400-milligram ibuprofen, available only by pre-scription, he called Marissa out of class.

One of the items that Marissa brought to Wilson’soffice was a day planner, which Wilson opened in thepresence of Helen Romero, the school’s administrativeassistant. The day planner contained a small knife, acigarette, and a lighter, in addition to several pills.When asked where she got the pills, Marissa namedanother student, Savana Redding. This was, in factSavana’s folder, Marissa said, which she had borrowedearlier. But she denied knowing anything about thecontraband items.

When Wilson called Savana into his office andshowed her the day planner, Savana said the plannerwas hers, but that she knew nothing about the contra-band. Wilson showed her the pills and said he receiveda report that she was giving them to fellow students.She denied the allegation and agreed to let him searchher belongings. Helen Romero entered the office and,together with Wilson, searched Savana’s backpack,finding nothing considered contraband.

Next, Wilson directed Romero to take Savana to the school nurse’s office to search her clothes for pills.Romero and Nurse Schwallier asked Savana to removeher jacket, socks, and shoes, leaving her in stretch pantsand a T-shirt, which she was also asked to remove.Finally, Savana was told to pull her bra out and to theside and shake it and to pull out the elastic on herunderpants, thus exposing her breasts and pelvic areato some degree. No pills were found.

Savana’s mother sued the Safford School District,Wilson, Romero, and Schwallier for allegedly violatingher daughter’s Fourth Amendment rights. The federaltrial court in Arizona granted the defendants’ motion forsummary judgment based on qualified immunity on thegrounds that they had not violated the Fourth Amend -ment.

After the Ninth Circuit affirmed in favor of thedefendants (2007), an en banc panel reversed themotion for summary judgment that had been entered infavor of Wilson but affirmed it for Schwallier andRomero, since they had not acted as independent deci-sion makers (Redding 2008a). After agreeing to hear anappeal (Redding 2009a), the Supreme Court affirmedin part, reversed in part, and remanded for further con-sideration (Redding 2009b).

Supreme Court RulingsThe Court affirmed by an 8–1 margin, with JusticeThomas dissenting, that the search was unconstitu-tional. Also, by a vote of 7–2, with Justices Stevens andGinsburg dissenting, the Court reversed the holdingthat Assistant Principal Wilson was personally liablefor the unconstitutional search.

As an initial matter after reviewing the facts, theCourt conceded that Wilson had the requisite level ofsuspicion to search Savana’s backpack and outer cloth-ing. Turning to the strip search, the Supreme Courtacknowledged that it implicated the student’s subjectiveand reasonable societal expectations of personal privacythat were violated by her “embarrassing, frightening,and humiliating” experience (Redding 2009a, p. 7).

Lower courts have reachedvaried decisions regardingthe constitutionality ofstrip searches.

The Court was not convinced that its indignitynotwithstanding, this was what rendered the searchunreasonable. Instead, the Court invalidated the searchbecause it failed the reasonableness standards that itenunciated in New Jersey v. T.L.O. (1985). The Courtpointed out that under T.L.O., “the search as actuallyconducted reasonably related in scope to the circum-stances which justified the interference in the firstplace” (Redding 2009a, p. * 7 citing T.L.O., p. 341).The scope will be permissible, that is, when it is “notexcessively intrusive in light of the age and sex of thestudent and the nature of the infraction” (Redding2009a, p. * 7 citing T.L.O., p. 342).

Pursuant to T.L.O., the Supreme Court decided thatthe search was unconstitutional because the level ofWilson’s suspicion did not match the degree of intru-sion insofar as he was searching for what he knew wereover-the-counter medications. The Court held thatwhile although possession of these pills in school vio-lated board policy, Wilson had no reason to suspectthat the student was distributing large amounts ofdrugs in school or that she was hiding painkillers in herunderwear. The Court explained that such an intrusivesearch for “nondangerous school contraband”(Redding 2009a, p. * 8) could not have been based ongeneral possibilities and that there was no evidence thatstudents in the school had pills in their underwear.

The Court added that since Wilson lacked an indica-tion that Savanna posed a threat to other students orthat she was hiding pills in her underwear, the searchwas unreasonable.

The Supreme Court rounded out its analysis on thispoint by declaring that Wilson’s acts were unconstitu-tional because he lacked the requisite level of reason-able suspicion before ordering a search that made “thequantum leap from outer clothes and backpacks toexposure of intimate parts” (Redding 2009a, p. *8).

In the final part of its opinion, the Supreme Courtreasoned that since the law with regard to the constitu-


tional status of strip searches was not clearly establishedat the time that Redding arose, Wilson was entitled toqualified immunity, freeing him from financial liability.

RecommendationsIt is worth noting what Redding does not do. Reddingdoes not outlaw all strip searches. Rather, the SupremeCourt ruled that the search as conducted was too intru-sive because it was not reasonable under the T.L.O.standard. Also, the Court did not forbid the use of stripsearches in all circumstances, such as when officialsmight be seeking weapons.

Educators should proceedwith extreme caution inbalancing legitimatestudent expectations ofprivacy and school safety.

Redding raises questions about the limits of stripsearches and the need for student privacy if local offi-cials develop policies for such searches. When dealingwith strip searches, educators should proceed withextreme caution in balancing legitimate student expec-tations of privacy and school safety. Even though themajority of strip searches based on individualized sus-picion have not resulted in financial liability, theexpense of litigation and resulting turmoil in districtsare costs that cannot be measured adequately. In fact,the human cost in bad feelings and distrust over stripsearches may fester for years.

When developing policies on strip searches, educa-tion leaders, including school business officials, actingin conjunction with their attorneys, should consider thefollowing key guidelines:1. Involve a wide spectrum of the school community,

including faculty, staff, parents, and students, indeveloping search policies.

2. Ensure that written policies are consistent with fed-eral and state case law, as well as state statutes andregulations.

3. Include the following strategies limiting the discre-tion of school personnel:• Document the need for strip searches based on a

greater quantum of suspicion than if seeking toexamine outer clothing or backpacks and lockers;

• If used at all, limit such searches to trying tolocate drugs and weapons;

• Identify which designated officials have theauthority to conduct searches; and

• Ensure that the school personnel who conductsearches are the same gender as the students.

4. Make sure students and parents know that studentscan be searched at the discretion of school officials.Publish the policy in student handbooks and, as anadded safeguard, have students and parents sign anacknowledgment form indicating they understandand will abide by all school rules.

5. Since the law of the Fourth Amendment continues toevolve, revisit your policies annually to ensure thatthey are up-to-date.

By keeping policies current, school business officialsand other education leaders can enhance the likelihoodof helping their districts save money by devising poli-cies that are designed to protect student safety whileavoiding costly legal battles.

ReferencesB.C. v. Plumas Unified School District, 192 F.3d 1260 (9thCir.1999).

Beard v. Whitmore, 402 F.3d 598 (6th Cir. 2005), reh’g and reh’gen banc denied (2005).

Board of Education of Independent School District No. 92 ofPottawatomie v. Earls, 536 U.S. 822 (2002), on remand, 300F.3d 1222 (10th Cir. 2002).

Cesta v. School Board of Miami–Dade County, 285 F.3d 962(11th Cir. 2002).

Cornfield by Lewis v. Consolidated. High School District No.230, 991 F.2d 1316 (7th Cir. 1993).

In re Doe, 91 P.3d 485 (Hawaii 2004).

Jenkins v. Tallaedga City Board of Education, 115 F.3d 821(11th Cir. 1997), cert. denied sub nom. Jenkins by Hall v.Herring, 522 U.S. 966 (1997).

Lamb v. Holmes, 162 S.W.3d 902 (Ky. 2005).

New Jersey v. T.L.O., 469 U.S. 325 (1985).

Phaneuf v. Fraikin, 448 F.3d 591 (2d Cir. 2006), on remand subnom. Phaneuf v. Cipriano, 2007 WL 274535 (D. Conn. 2007),vacated in part on reconsideration, 2007 WL 926890 (D. Conn.2007) (vacating and dismissing state law causes of action).

Redding v. Safford Unified School District No. 1, 504 F.3d 828(9th Cir. 2007); reh’g en banc granted, 514 F.3d 1383 (9th Cir.2008a), cert. dismissed, 128 S. Ct. 1497 (2008b), aff’d in part,rev’d in part on reh’g en banc, 531 F.3d 1071 (9th Cir. 2008c),cert. granted, 129 S. Ct. 987 (2009a), aff’d in part, rev’d in part,2009 WL 1789472 (2009b).

Thomas ex rel. Thomas v. Roberts, 261 F.3d 1160 (11th Cir. 2001).

Vernonia School District 47J v. Acton, 515 U.S. 646 (1995), onremand, 66 F.3d 217 (9th Cir. 1995).

Williams ex rel. Williams v. Ellington, 936 F.2d 881 (6th Cir. 1991).

Charles J. Russo, J.D., Ed.D., Panzer Chair in Education andadjunct professor of law at the University of Dayton in Ohio, ischair of ASBO’s Editorial Advisory Committee and vice chairof ASBO’s Legal Aspects Committee. Email:[email protected]


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All types of organizations, including schools,are facing funding uncertainties. Staff mem-bers are under mounting pressure to do morewith fewer resources while providing more

transparency and greater accountability to board mem-bers and stakeholders.

Departments have systems in place to help meet thesechallenges. Staff members enter, manage, analyze, andreport on data to ensure the organization runs effi-ciently. But it can be difficult to quickly pull togethersnapshots of progress to make midyear, midsemester, ormidquarter modifications.

Today, many school districts are turning to businessintelligence tools to retrieve, organize, and share know -ledge for faster analysis and more effective, guided de cision making.

Understanding Business IntelligenceBusiness intelligence (BI) tools are the technologies andapplications that gather and report information to helpan organization’s leaders make better decisions. BItools allow school leaders to drill down, up, across,and into specific trends; monitor budgets and stayabreast of spending trends; conduct up-to-the-minuteanalyses; use fast-access critical decision tools; and gaininsight into organizational performance.

One example of a BI tool is a dashboard, which con-verts complex data into easy-to-understand graphicrepresentations. Business dashboards are similar toautomobile dashboards in that they provide a real-timesnapshot of how the organization is running.

“Schools, like governments, are budget-conscious,”says Michael Golub, CPA, the president and founder of


data management

Business Intelligence:Turning Knowledge into Power

By Krista Endsley

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

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

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

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

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

Not all chocolate milk is created equal.

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Riverside, California–based NP Solutions Inc., a non-profit consulting firm. “It’s imperative that schoolsknow exactly where they stand regarding budget.”

As school businessmanagers know,demonstrating bothstewardship and value tostakeholders is critical.

In addition to providing a quick view of where schoolsand districts stand at any moment and alerting manage-ment to potential problems, Golub adds, BI tools can helpwith cash flow and trend analysis. “With the ever-shiftingbudget landscape, being able to move quickly with thechanging economic picture is one of the most importantitems for school administrators to pay attention to.”

Strengthening StewardshipAs school business managers know, demonstrating bothstewardship and value to stakeholders is critical. Hereare a few ways that BI can strengthen stewardship andorganizational performance.

Track key performance indicators. With dash-boards, school leaders have access to data that can helpthem make timely tactical and strategic decisions. Accessto up-to-the-minute information about actual expensesvis-à-vis budgets means administrators need not wait forend-of-month reports to see where finances stand.

BI tools also allow school administrators to interactwith key performance indicator data in real time.Slicing, dicing, and drilling up, down, and across infor-mation segments to fully analyze financial trends canhelp uncover potential opportunities and pitfalls.

Improve communications and informationsharing. Because BI tools provide access to timelydata, school administrators and board members get acomplete view of operations. Even better, they canshare information through graphs and charts, whichsimplifies reporting and analysis.

Staff members and stakeholders don’t need to befinancial experts, or even involved in day-to-dayfinance activities, to see how the organization is per-forming. BI tools allow everyone to be fully engaged.

Breed agility with visibility. Information truly ispower. Administrators can make more informed deci-sions about everything from academic programs tostaffing and fund raising when they have quick, easyaccess to information.

Identify wasted resources and hidden costs.Administrators can use BI tools to quickly identify the

hidden costs of organizational programs and to get aclear understanding of where funds are coming from,and where and when they’re being spent. Based on thatinformation, school business officials can allocateresources to strengthen core programs or eliminateactivities that no longer benefit students.

Demonstrate transparency. With the legislativechanges and increased government oversight set forthin the recent economic stimulus package, ensuring com-pliance with stringent fiscal accountability regulationsposes a new set of challenges for districts in line toreceive a share of those earmarked funds.

Districts that receive American Recovery andReinvestment Act funding can expect specific reportingand accountability requirements to ensure compliance.For example, ARRA funds should be clearly segmentedfrom non-ARRA funds for reporting expenditures, pro-gram activities, outcome measures, and jobs created orretained. Using BI tools, business officials can trackexpenses for various programs separately and monitorresults for each line item.

Demonstrating transparency not only improvesadministrators’ ability to react to changes quickly, italso engenders trust from funders and stakeholders. BItools simplify a district’s ability to demonstrate successwith clearly defined, measurable results.

Beyond the FinancesBI tools can also help schools track a wide range ofperformance measures, from test scores to attendance.

Susan Campbell, chair for the Augusta (Maine)Board of Education’s finance committee and vice presi-dent of Falmouth, Maine–based Soft Trac LLC, a con-sulting firm specializing in nonprofit technology, saysBI tools can help schools prove they are meeting stateand federal academic standards.

“BI tools can not only enable schools to report on avariety of statistics, such as how students are measuringup against the required standards and how they com-pare against other groups, they can also allow adminis-trators to drill down into the specifics of the data,”Campbell says. “Drilling down can help them furtherdetermine where they’re succeeding and where theyneed to improve.”

By having precise, up-to-date information at theirfingertips, education administrators at every level cangain deeper insight for strengthening stewardship,improving agility, and, ultimately, securing the successof their institution and its students.

Krista Endsley is senior vice president and general managerfor Sage North America’s Nonprofit Solutions business.www.sagenonprofit.com


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leadership


Top Model: Self-Auditing Your Leadership SkillsBy Gene Spanneut, Ed.D.

Self-assessments

can help you better

understand how

you model your

leadership skills.

Have you ever wanted to be a profes-sional model? Maybe not, but thatis exactly what central-office leadersare. Every day, you model your pro-

fessional leadership skills.And like every top model, you should

take a good look at yourself. How do yourleadership skills affect your job perform-ance, the outside world’s perception of you,and, by default, the public’s perception ofyour district?

Self-assessments can help you betterunderstand how you model your leadershipskills. By reflecting on the information yougather during your self-assessment, you candetermine the skills you may need to en -hance your job performance.

Growing Your Own AssessmentCommercial instruments are readily availableto help you perform your self-assessment.Many include open-ended statements orquestions with a graduated scale on which to record numerically weighted answers.Conversion tables categorize and interpretthe sums of the responses.

For example, several prepared professionalskills assessments are available on ASBOInternational’s Website (www.asbointl.org).These formalized appraisals involve collect-ing the results from a self-review of definedskill areas and from a parallel review by oneor more colleagues. By comparing the resultsusing a separate analysis instrument, schoolbusiness leaders can identify areas for possi-ble professional development activities.

In addition to using prepared assess-ments, school business officials can use lessformal methods to assess their leadershipskills. They can design and use self-auditson a stand-alone basis, or as a follow-up toa formalized process, to examine in detail

the application of specific leadership skillsnecessary for a particular part of a jobresponsibility.

Self-audits need not be sophisticated, but they should have enough structure toprovide consistency for seeking, recording,considering, and then using the information.Consistency is important because the resultscan be applicable for a cross-sectional snap-shot of a single event or activity or for lon-gitudinal comparisons over several weeksor months.

Designing a Self-AuditThe process of preparing and conducting aself-audit is not complicated.

To begin, write down what you considerthe three or four major leadership responsi-bilities of your position. Depending on thesize and configuration of your school sys-tem, this list might include areas such as fis-cal management, supervision of the directorsof support services, personnel negotiations,and fixed-assets management. Althoughthese areas may be included in formal jobdescriptions, do not overlook charges givenby supervisors under the “other duties asassigned” clauses in those job descriptions.

Now, select one responsibility thatdemands a considerable amount of yourattention and energy, or one that may beparticularly conspicuous. A variety of fac-tors may influence your choice, such as thetime of year; district initiatives, such as acapital project; a new superintendent; orrequirements imposed by new state laws or regulations.

Next, break the responsibility into sev-eral more distinct tasks and, from amongthem, select one to examine in detail. Thosetasks may relate to decision making, prob-lem solving, and communication.

Depending on the specific nature ofthe task, however, you will regardone of those areas as more essentialthan the others and it will becomethe focus of your self-audit.

Now, answer the following gen-eral questions and, from them, sub-questions pertaining to the skill areaof interest:1. Within the skill area, what are

the most important skill sets Iwant to use to accomplish thetask I have identified?

2. What specific positive outcomesdo I want to achieve?

3. With respect to those outcomes,what strategies will I need tomaintain or strengthen the par-ticular skill I am examining?

4. What specific negative outcomesdo I want to avoid?

5. What strategies will I use todecrease or eliminate those nega-tive outcomes?

The questions and answers neednot be worded in formal terms.Rather, they should be expressed

in ways that are meaningful to youand appropriate for the purposesyou have identified.

For example, Jan, a school busi-ness leader, selected fiscal manage-ment as her major responsibility.After dividing it into several smaller,more defined tasks, she identifiedher presentation of the monthly cap-ital project financial reports to theboard of education as the most sig-nificant responsibility at this time.After considering her choice, Jandecided to focus her self-audit onher communication skills.

She developed and then answereda series of questions in preparationfor a detailed examination of thespecific types of communicationskills she believes are necessary asshe presents the reports duringboard meetings. Here are someexamples of her questions andanswers:1. What specific presentation skills

are particularly important for meas I give my first monthly report?

Speak clearly, use the micro-phone, use proper grammar,maintain eye contact with boardmembers but do not ignore oth-ers in attendance, avoid speakingtoo rapidly, avoid repetition,watch the body language of theboard members as one way tocheck whether they understandwhat I am presenting, and do notmake annoying utterances like“uh,” “um,” and so forth.

2. What is one specific positive out-come I want each of the followingto experience?• Board members: Having confi-

dence in the accuracy of myreport.

• Superintendent: Having noboard members ask him later toclarify something I stated in mypresentation.

• Others attending the meeting:Having printed copies of thesalient points in my report fortheir reference during my pres-entation.


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We need to keep driving school performance despite shrinking budgets.

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A

B

LEADERSHIP

3. With respect to those outcomes,what strategies will I use to main -tain or strengthen my presenta-tion skills?• Rehearse my presentation to

avoid reading it at the meeting.• Avoid using education jargon,

acronyms, and abbreviations.• Have a colleague critique me

well before my presentation.• Arrive at the site early to

ac quaint myself with the lay-out of the meeting room (loca-tion of tables, chairs); practiceoperating the computer, projec-tor, and any other equipment I will use in my presentation;practice speaking into the mic -rophone; practice standing insuch a way that I will be ableto maintain eye contact withthe board members and othersin attendance.

• Have a contingency plan if theequipment fails to operate.

• Mention at the start that I willwelcome questions from boardmembers and the superintendentat any time.

• Ensure that all board membershave a copy of the report beforeI begin my presentation.

• Ensure that handouts are avail-able for the audience and that Iindicate where they are (or havesomeone distribute them).

• Have a prepared press releasefor the media.

4. What is one specific negativeresult I do not want each of thefollowing to experience?• Board members: Failing to

understand my answers to anyquestions about the report.

• Superintendent: Finding anerror in the document I pre-pared or hearing a verbal errorduring my presentation.

• Others attending the meeting:Being unable to hear what I am

saying or being unable to seethe information I am presentingvisually.

5. What strategies will I use to de -crease or eliminate the possibilityof the negative results I identified?• Anticipate questions that may

be asked and be ready to answerthem directly and confidently.

• With the superintendent, revieweach part of the report for accu-racy before sending it with theboard agendas.

• With the superintendent, reviewfor accuracy any other materi-als I may use during my presen-tation or that may be providedto other attendees.

• Talk with any reporters afterthe meeting and provide themwith my prepared press release.

• Speak with a few members ofthe audience after the meetingto see whether they have anyquestions about my report.

LEADERSHIP


LEADERSHIP

Jan decided she would conducther self-audit during the next threeboard meetings when she presentsthe monthly capital project financialreports. Since board meetings in herdistrict are recorded for viewing onthe local public-access televisionchannel, she can obtain a copy ofthe video, watch her delivery of thereport at her convenience, and cri-tique the presentation skills in whichshe is most interested.

For her purposes, viewing thevideo is preferable to keeping trackof those skills as she makes her pre-sentations or to asking someone atthe meetings to do so for her. Thevideos give Jan an opportunity tofocus on her defined points of inter-est in her first presentation, to con-sider if she wants to make changesbefore the next one, and, if so, tocompare the results. Using thevideos also gives her an opportunityto examine other aspects of her pre-

sentations in which she might nothave been initially interested. Jancan repeat these procedures to tracklongitudinal changes as she refinesher use of the skills she has identi-fied.

Using personally prepared self-audits may lead you to explore moreformalized, research-based, and,perhaps, commercially preparedleadership assessments. Becausethese audits are intended for per-sonal development, it’s unnecessaryto share the results with others.However, you might considerwhether some features might bevaluable additions to a formal per-formance evaluation process.

You Be the JudgeAs central-office leaders, we are con-spicuous representatives of our schoolsystems. Accordingly, it is importantto recognize that we constantly modelwhat we do and the manner in which

we conduct ourselves as leaders. Ourleadership is highly visible and manypeople judge our performance. Howthey see us and what they perceiveabout us as leaders may be very dif-ferent from our own opinions.

How you approach and accom-plish the varied requirements of yourresponsibilities is the result of howwell you apply a range of leadershipskills. Designing and using self-auditscan help you focus on the importanceof your leadership skills. Examiningthe results gleaned from that processcan help you perfect your skills andimprove the manner in which youfulfill your responsibilities.

Gene Spanneut, Ed.D., is assistant profes-sor of educational administration at theState University of New York College atBrockport. Email: [email protected]

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TIME & ATTENDANCE SCHEDULING ABSENCE MANAGEMENT HR & PAYROLL HIRING LABOR ANALYTICS

I need to accurately track labor costs now that we’ve got our ARRA stimulus funds.

Yes. I know a guy, whose guy knows someone on a guy’s staff who can get us off the hook with all that transparency and accountability stuff.With as much as 80% of ARRA funds expected to go towards labor costs, you’ll need an unprecedented

level of cost tracking. At Kronos, we understand your workforce management issues and what it takes to

address them. Which is why all our solutions deliver complete automation, high-quality information, and

are easy to own. With thousands of installations in organizations of all sizes — including over 600 K-12

and Higher Education customers — we’re proving workforce management doesn’t have to be so hard.

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www.asbointl.org SCHOOL BUSINESS AFFAIRS | OCTOBERR 2009 33

www.asbointl.org

One of the most importantdecisions you make ischoosing the financemanagement and human

resources software that fits your dis-trict’s needs like a glove. With theright software, you’ll enjoy betterproductivity and eliminate wastedtime, money, and frustration.

On average, schools change soft-ware every 7 to 10 years. Without a process that runs like a well-oiledmachine, it can be difficult to rigor-ously evaluate software before it’spurchased. Creating a turnkey ap -proach for software requests for pro-posals (RFPs) will help you establish a process to find the software thatmeets all your system requirements.Not only will a solid RFP processaccount for your current needs andthose you forecast, it will also helpyou uncover best business practicesthat you might not have been aware

of, or thought to consider, beforereevaluating your system.

An effective RFP will prompt youto ask software vendors the rightquestions and will guide you towardwell-informed decisions for a prod-uct that will last, meet your needs,and help you avoid costly pitfalls.

Eight Steps to a RigorousRFP ProcessBefore your next software search,consider incorporating these bestpractices into your RFP to help sim-plify an otherwise overwhelmingsearch for financial managementand human resources software.

1. Recognize that selecting soft-ware is a business decision, not aninformation technology (IT) issue.Avoid classifying new software as atechnology decision. Instead, recog-nize the fundamental duties of youradministration and determine waysyou can work more efficiently.

Analyze your administrative busi-ness processes to help you gain a bet-ter understanding of what your cur-rent software is doing and define areaswhere software can help you run moreeffectively. This is the time to considerreengineering your current processes.Decide whether software is the solu-tion or whether reorganizing someadministrative proces ses is the answer.

When software is the solution, de -fine what you need it to do for youradministrative and state reportingrequirements. Specify these require-ments accurately in the RFP. Andlater, when you review each proposal,critically evaluate each against thesecriteria. Indicating how you will rateor score their responses will also helpthe vendors write proposals thatreflect what you are looking for.


technology

Navigate Your School to Smart Software Choices

By John Weidenhammer

2. Ask key people for input upfront. Make the software decision col-laborative so you get the results youneed for each department that will usethe software. Collecting the necessaryinformation at the beginning will helpthe IT department or consultants mapout the appropriate course to makethe system meet administrators’ objec-tives and to coincide with its com-puter capabilities.

Essentially, the end users shoulddrive the process. Outside consultantsand the IT department are importantcontributors to the process; however,the ultimate decisions should be theadministration’s responsibility.

3. Narrow the playing field. Don’tsubject yourself to sifting throughpiles of RFPs. You can narrow yoursearch by first sending a request forinformation or a request for qualifi-cations, allowing you to invite onlya handful of qualified vendors tosubmit an RFP for your evaluation.

Be clear about the qualificationsyou expect. In their proposals, askvendors to include background infor-mation about their company, theirimplementation methods, key clientsand referrals, and an estimated pricerange for your system. A qualificationprocess will help you rule out ven-dors—and by the same token, allowthose who are unqualified or tooexpensive to decline respectfully—to save both parties valuable time.

4. Create reasonable expectations.Give software companies four to eightweeks to respond to your RFP with awell-thought-out proposal tailored toyour administration’s particular needs.Providing vendors with adequate timealso allows them to ask questions andput their best foot forward.

(continued on bottom of page 36)

When you landed in the schoolbusiness community and said“take me to your leader,”someone pointed you to

ASBO International. You discovered thatschool business officials are leaders in educa-tion, leaders whom you need to know.

Now, you can stand up and be recognizedas a leader in school business as well with our first-ever Executive Leadership Forum,February 4–6 in Orlando, Florida. Althoughthere won’t be any little green men, it will bean out-of-this-world experience—one thatyou’ll be talking about for years to come.

The Executive Leadership Forum brings youout of the exhibit hall to THE table. You’ll becrossing the velvet ropes and joining yourschool business official partners for three daysof leadership development. Think of it as yourVIP pass for unprecedented access to the back-stage of school business.

You know the electric feeling of walking intoa room of movers and shakers, fellow leaderswho make a difference? The Executive Leader -ship Forum will be that room, full of elite lead-ers and valuable connections.

Not only will you share in an experienceand strengthen relationships with educationleaders, you’ll strengthen your own career. Wecan all benefit from leadership training, waysto motivate our teams and grow as leaders.And it doesn’t get much better than Disney-style leadership development. See the insert inthis issue for details on the sessions, includinga Disney field experience.

To thank you for your commitment to the pro-fession, we’ve reserved 50 seats exclusively foryou, our corporate members, at $995 each. Toreserve your seat, and one for a colleague, beforewe reach that limit, contact Mark Aronstein [email protected] or 703/708-7077.

When history-changing moments are uponus, we choose to stand up or step back. The

stakes are high. The nation is watching.Choose to stand up, to advocate for students, to lead the future of education. Join us inOrlando!

Insights into School Business ManagersWhen ASBO conducted the 2009 member sur-vey, we asked, “Among these ASBO priorities,which one do you feel will add the most valueto the profession and your membership inASBO International?” Members cited “devel-oping the leadership skills of school businessofficials” as the number two priority (30%)—closely vying for the top spot with “providingup-to-date information and resources on cur-rent events affecting education” (34%).

What Corporate Members Are SayingThose of us in the school business communityare familiar with the high stakes, high pressurework of educating our youth. This past year,however, the dial has turned up even more. Ourcommunities have placed their hope for thefuture of education, and therefore the future ofour nation’s youth, in our hands—includingyours. As a corporate member, you play animportant role in leading the way to a brightfuture. Thank you for your support!

“We recognize that ASBO members are keyleaders, steering their districts to achieve financeand education goals. We’re proud to workclosely with ASBO and school finance leaders;together, we can design solutions to create abrighter future for financial resources and forteaching and learning”—DeeDee Kahring,Vice President, Springsted Incorporated.

See your name in print! Tell us why servingschool business managers is one of the best jobsin the world. Why was it important for you tojoin the school business community by becomingan ASBO International member? Email [email protected] with your thoughts.

Corporate MembershipBenefit Highlight: Executive Leadership Forum

Now you can

stand up and

be recognized

as a leader in

school business.


corporatecorner

Spotlight on John Butler:Pushing for Funding Reform


Never compromise yourintegrity. Do your abso -lute best. And don’t

worry about too many things thatmight happen.” These words ofwisdom for school business pro-

fessionals come from John Butler,chief financial officer of Lexington

County (South Carolina) SD One. John has adhered tothese tenets for his entire career, which has spannedmore than two decades.

In a district that has more than doubled its enrollmentin the past 20 years—and continues to grow steadily—John explains that addressing issues surrounding rapidgrowth is his biggest challenge, followed by funding theeducational program itself. The unique politics of schoolfunding in South Carolina have played a role in this.

The state has seen major reductions in state revenue,including numerous mid-year budget cuts, which affectall school districts. In addition, two years ago SouthCarolina legislators passed a bill that eliminated home-owner property taxes for school operations and createda statewide one cent sales tax to replace it. Complica -ting the matter further was how the bill forces funds tobe distributed to school districts.

“In 2007-2008, each district received dollar for dol-lar the amount of money they would have receivedfrom homeowner property,” John explains. “But ineach subsequent year, the amount of money createdby the one cent sales tax is increased statewide bythe percent of the South CPI and growth of the statepopulation.” The result is that the increase is sent toall districts regardless of growing, stable, or decliningenrollment. This distribution method adversely affectsgrowing districts like Lexington County SD One,which lost more than $3 million due to this legislation.

To address this issue, the state superintendent, JimRex, created a task force on which John served. Thetask force put in hundreds of hours and made schoolfunding reform recommendations to the state. “Wecontinue to be very proactive with the legislature inpushing for public school funding reform,” John says.

John delights in his family—his wife, Jenny, andtheir son, J.C. (17) and daughter, Jenna (15). He alsofeels fortunate to be a part of not only a great financestaff at Lexington One, but a school district that hasan intelligent, cohesive board of trustees, a strongsuperintendent who is a leader in the state, and dedi-cated employees. “This is a district that puts childrenfirst with an attitude of ‘whatever it takes.’"

5. Don’t make your budget a mystery. In your RFP, it is wise toinclude your budget, or at least a costrange. With a maximum amount, thevendors can make knowledgeablerecommendations to meet your re -quirements. They’ll have parametersto help you prioritize the compo-nents you need versus those thatwould be nice to have. Providing abudget will also qualify your options,eliminating proposals from vendorsyou simply can’t afford.

6. Identify all pricing up front.Understand all costs before signingon the dotted line. Be sure you eval-uate not just the cost of the softwareitself, but also the cost of data con-version, installation, staff training,and any ancillary software you’llneed to run the new application.Determine the number of visits thevendor will make and the associatedcosts, like travel and daily rates, tohelp you budget for your needs toget up and running efficiently.

You’ll get the best value when younegotiate all the pricing up front.

Re member that everything is nego-tiable when you are buying software.Put your key demands on the table as“must haves.”

7. Determine vendors’ implemen-tation process for proper planning.Before you sign a contract, discusstime lines and general procedures so you can plan for installation andtraining, which will require resourceslike cash flow and time commitmentsfrom busy staff.

Remember that you don’t have tobuy everything at once. Most soft-ware is customized into modules tohelp you accommodate specific needsfor a specific budget. Allow enoughfunds for ample training; poor imple-mentation leads to poor results.

To afford the tools and supportyou need, establish an agreementwith the vendor to incorporate thesoftware modules and training foreach over an allotted time. Identifysomeone on your staff to manage theimplementation and make sure thatperson can free up adequate time toensure the success of your project.

8. Maximize the relationship withyour software supplier. Through opendiscussions, you’ll learn how to get themost from your software company.

Consider the full range of softwarecapabilities and the way the companyserves its customers. Take advantageof training sessions to help you mas-ter the system. Even those districtsthat have had the software for sometime can benefit from attending userconferences to stay current on newenhancements to get the most fromthe software investment.

Using these best practices for RFPswill make your software search man-ageable and productive—withoutinformation overload. With a turnkeyprocess for your RFPs, you can getthe information you need from soft-ware vendors and will have a meansto evaluate what each offers—applesto apples.

John P. Weidenhammer is president andfounder of Weidenhammer, an informationsolutions firm headquartered in Wyomis -sing, Pennsylvania. www.hammer.net.

“

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