Spring 2016 Oklahoma School Board Journal

A Publication of the Oklahoma State School Boards Association

Spring 2016 Volume XIV • No. 1

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Spring 2016 Volume XIV • No. 1

Shawn Hime Executive Director and Editor

Christy Watson Director of Communications and Marketing and Editor

Kelly Ross Marketing Coordinator and Design Editor

Official publication of Oklahoma State School Boards Association, Inc.

2801 N. Lincoln Boulevard, Ste. 125 Oklahoma City, Oklahoma 73105

(405) 528-3571 • (888)528-3571 toll-free (405) 528-5695 fax

www.ossba.org ISSN 0748-8092

The Oklahoma State School Boards Association, publisher of The Oklahoma School Board Journal, reserves the right to accept or reject any

material, editorial or advertisement submitted to the Journal for publication. Advertisements appearing in the Journal do not necessarily reflect an

endorsement by the OSSBA of the advertised materials or services.

5 Shawn Hime: Fulfilling Our Promise

6 Presidential Ponderings

7 2016 Legislation and School Safety

8 OSSBA Awards

9 Get the Facts

10 Leading with Vision Conference

12 Safety First

14 Board Member Spotlight: April Stobbe, Shawnee Public Schools

15 OSSBA Partners

17 Students' Rights Concerning Searches

20 Student Safety and State-Mandated Drills

22 How Much is Enough?

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Region 1 Mike Ray, Guymon Roger Edenborough, Goodwell

Region 2 Terry Graham, Burlington Wesley Crain, Fargo

Region 3 Willa Jo Fowler, Enid Cheryl Lane, Frontier

Region 4 Mike Mullins, Sand Springs Ruth Ann Fate, Tulsa Cheryl Kelly, Broken Arrow

Region 5 Don Tice, Oologah-Talala Rodney Schilt, Adair

Region 6 Dr. Dan Snell, Norman Frances Percival, Millwood Ron Millican, Oklahoma City

Region 7 John D. Tuttle, Kellyville Keith Sandlin, Shawnee

Region 8 Brenda Barney, Wagoner W. Scott Abbott, Fort Gibson

Region 9 Dr. Floyd Simon, Jr., Clinton James Smith, Leedey

Region 10 Beth Schieber, Okarche Jackie McComas, Anadarko

Region 11 Jared Turner, Flower Mound Karol Haney, Cache

Region 12 Ed Tillery, Whitebead Joe Don Looney, Pauls Valley

Region 13 Roy Justice, Mannsville Mike Mathis, Madill

Region 14 Brent Bolen, Idabel Darrell Ward, Denison

Region 15 Glen Cosper, Moore Norman Tech. Center Dustin Tackett, Caddo-Kiowa Tech. Center

Mike Mullins - President Sand Springs

Roger Edenborough - President-Elect Goodwell

Don Tice - First Vice President Oologah-Talala

Roy Justice - Second Vice President Mannsville

Dr. Floyd Simon, Jr. - Immediate Past PresidentClinton

John D. Tuttle - NSBA President Kellyville

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Our schools — our children — are in serious trouble. State revenue failures means schools have $150 million less than budgeted this school year. There’s no relief in sight. The state has a $1.3 billion budget hole headed into next fiscal year.

Some districts have instituted four-day weeks for the rest of this school year or are ending the school year early to save money. Several districts have already approved fewer days of school for next year and are beginning the process of eliminating administrative, teaching and support staff positions.

The state is in the midst of a historic teacher shortage. Since 2010, more Oklahoma educators have left the profession than have joined it. Even though the state has awarded more than 1,000 emergency teaching certificates this school year — a record — class sizes are ballooning and districts have canceled classes because they couldn’t find a qualified teacher.

I don’t believe this is the reality anyone in Oklahoma wants for its children. Education is too important. Our children need more time in school, not less. They need well-trained teachers who can both nurture and challenge them — not policy that encourages the opposite. Adjunct teachers with special expertise can be a valuable asset. They should be used as a

bonus of sorts — a great addition to the education experience but not a substitute for a highly qualified, trained educator.

The only way to do right by our children is for Oklahomans to do what we do best — pull together in times of crisis. Public education in Oklahoma has never been more in need of a long-term funding solution. More than ever, our children need us to put aside political differences and rhetoric that divides us and focus on making sure every student in every classroom has a high-quality teacher with the resources necessary to provide an excellent education.

As a state, we’ve made an implicit promise to every child who shows up at the schoolhouse door that we will give them every opportunity to leave school one day with an education that makes the future they dream of a possibility. If 2016 represents our best effort, then shame on us. I believe we can do better.

This isn’t an issue for legislators, the education lobby, the chamber lobby, the social safety net or the faith community to tackle alone.

It’s not about urban versus rural. It’s not about conservative versus liberal. These are our children. We must work together at the state

level and in our local communities to make sure our children have the teachers and educational experience they deserve.

We can’t escape the tie between Oklahoma’s low level of education funding and the teacher shortage. We know our teacher salaries aren’t competitive, and that teachers feel stifled and unsupported. The most important action we can take is to ensure every child has a great teacher.

At the state level, there are tax incentives to reconsider, and new revenue sources — including a statewide sales tax increase — must be explored. Decision makers at the state and local levels must look at education policy through a single lens: Is this what I’d want for my child?

This is not the state of education I dreamed about for my children, nor for anyone else’s. I still believe we can fix this, but only if we agree to work together.

When I started my education career as a math teacher in Lexington, I never imagined a day when schools would need a four-day week to make ends meet or to recruit enough teachers. Welcome to Oklahoma public education in 2016.

Shawn Hime, OSSBA Executive Director

The only way to do right by our children is for Oklahomans to do what we do best — pull together in times of crisis.

Fulfilling Our Promise

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Mike Mullins was elected as President of OSSBA at the Delegate Assembly, Aug. 29, 2015. He is a board member from Sand Springs Public Schools and serves as the Region 4 Director for OSSBA.

That seems like a simple concept, right? Oklahoma has more than 2,700 locally elected school board members so we understand the role of getting involved in the electoral process and voting. But I’m continuously surprised — and disappointed — at the number of Oklahomans who fail to exercise this privilege.

Voter turnout for Oklahoma’s March 1 Super Tuesday presidential primary set a record. More than 795,000 voters — just shy of 40 percent of registered voters in the state — cast a vote. Fewer than half of Oklahomans eligible to vote did so — and we call that a victory?

To be fair, we see painfully low numbers in local elections, too. Races for city council, school board members and even school bond issues can be decided by just a handful of votes, particularly when turnout is low. Sometimes low turnout simply means voters are happy. Other times, it’s an indicator of disengagement.

As school board members, it’s our job to make sure we stay engaged. We’re focused mostly on the business of our district and achievement of our students, but advocating for our students and schools shouldn’t be limited to our own board meetings. Schools are impacted by decisions made at every level of government, including at the city, county, state and federal levels.

That means it’s imperative for us as board members to build relationships with our fellow elected officials, other community leaders and our constituents. Schools are the foundation of nearly every Oklahoma community and integral to a community’s overall success. Your voice matters and can help build a supportive cast around public education locally and at the state level.

Education is a hot topic at the state and federal level right now, and that’s almost always the case at the local level. That requires us to arm ourselves with information we can share about student achievement, financial concerns and plans for the future. The more information we share, the more those in the community understand both the great things happening within our schools and the challenges our schools are facing.

Communities throughout Oklahoma right now are talking about school funding and how to cope with budget cuts. Oklahoma already lags most states in its support for public education, and the cuts are only making matters worse. Two things happen when we share that information with our community at every opportunity:

• Community members can have fact-based conversations with legislators about the

importance of supporting public education

• Not only can it help increase voter turnout, it helps voters know more about who to support come election time.

School board members are elected officials who are more closely connected to their constituents than any other elected official. Because of the connection, school board members have the potential to be a great influence in any election process. School board members have the opportunity and the obligation to use this influence to request our legislators keep public education the priority that most legislators claim they desire.

We continuously hear that legislators desire changes in public education. By utilizing the power of the election process, we as school board members should be able to direct changes in the legislators to make sure that the future of public education remains the highest priority for our state.

The greatest resource in the state of Oklahoma is our children. They are our future. They deserve the very best education that public schools can provide. Letting your voice be heard and exercising your vote is critical to make sure that public education remains strong and viable. Our children deserve nothing but the best.

Nobody will ever deprive the American people of the right to vote except the American people themselves and the only way they could do this is by not voting.

—Franklin D. Roosevelt

Mike Mullins, OSSBA President and Sand Springs Board Member Rooney Virgin, OSSBA Director of Legislative Services and Staff Attorney

Presidential Ponderings

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This year seems relatively light on school safety and security issues for the legislature. So far, there are few bills that deal with school and/or student safety have made it through their house of origin. Below are the summaries of these bills.

Senate Bill 1036 by Sen. Jason Smalley, (R-Stroud) and Rep. Jeff Coody (R-Grandfield) filed a bill that would amend current law in regards to firearms on school property. Under current law, the school board choses whether or not to adopt a policy to allow an employee to carry a firearm at school. Once that policy is adopted, the school board then appoints a qualified, willing employee to carry the firearm. Under the proposed legislation, after adopting a policy to allow an employee to carry, the decision of which employee will carry a firearm is exclusively within the discretion of the superintendent. The rationale behind the bill is to remove appointment from the open meeting act and open record act, in order to protect both the employee and students at school from outside, suspicious community members knowing who possesses a firearm at school. SB 1036 passed the Senate and House of Representatives.

Rep. Mark McCullough (R–Sapulpa) filed House Bill 2931 that would amend school safety drills and training to conform to nationally recognized standards.

School safety plans would be required to follow a standard response protocol for emergency situations developed by a nationally recognized organization and shall be based on nationally recognized practices. The standard protocol shall ensure a uniform classroom response and shall also include measures for security of grounds and facilities, communications with parents and the media in the event of an emergency and safety training for school employees. The bill also requires schools to plan, design and construct new facilities or make additions to existing facilities to accommodate faculty, students and other school guests for protection against severe weather and tornadoes.

There are a few bills relating to education and training on the risk of concussions. Senate Bill 1164 by Sen. AJ Griffin (R- Guthrie) and House Bill 2760 by Rep. Dan Kirby (R- Tulsa) and again, Sen. AJ Griffin. Both of these bills modify language regarding concussion education through the Oklahoma Secondary School Activities Association (OSSAA). The bills require coaches and officials to undergo yearly training. The bills require an athlete

showing signs of a concussion to be removed from practice or competition and establishes penalties for violations for not complying with these provisions to be implemented by the board of education. The bills require concussion information sheets to be provided to the parent or guardian of the athlete created by the State Department of Health. HB 2760 passed the full House of Representatives on March 1 and SB 1164 passed the Senate on March 10.

2016 Legislation and School Safety

Rooney Virgin, OSSBA Director of Legislative Services and Staff Attorney

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The Oklahoma State School Boards Association is seeking nominees for awards to an outstanding community partner and to school board members. The awards will be presented during the 2016 Conference in August at the Cox Business Services Convention Center in Oklahoma City. Nomination forms are due June 1, 2016, and are available at www.ossba.org/awards2016.

The awards presented will include: Distinguished Service, OSSBA All-State Board of Education, Buddy Spencer Leadership, and the Barbara Lynch "Community Partner" Award.

All nominations must be made by school board members or superintendents. Those eligible to receive awards include board members of a school district or career- tech board of education (and a community member or organization in the case of the Barbara Lynch Award). The OSSBA Awards Committee will make the final selections. No member of the Awards Committee will be from a nominating school district.

Christy Watson, OSSBA Director of Communications and Marketing

Distinguished Service Award

This award is given to a present or former member of a public board of education who has exhibited distinguished service to the school and community during his or her tenure on the school board.

Factors to be considered will be length of service; distinguished service acts for students, school, professionals, patrons, community and/or state; and distinguished service to the OSSBA.

OSSBA All-State Board of Education

An honorary board and will include five of the most outstanding school board members of the year. A $400 award will be given to each school district with an All-State Board of Education member. The award is to be used for the curriculum program of the winning board member’s choice.

Nominees must be elected or appointed school board members currently serving on a board of education and should have attended OSSBA region meetings and workshops in the past.

Buddy Spencer Leadership Award

Presented to one of the All-State Board of Education members; therefore, no direct nomination is required for consideration. The recipient must demonstrate leadership on a local or state level and a dedication to improving his or her boardsmanship. The winner’s school district will receive $600 to purchase library books or materials.

No nomination required.

Barbara Lynch “Community Partner” Award

Community engagement is an ongoing process of two- way communication between a school district and the community it serves. This award recognizes an ongoing, collaborative process during which the school district works with the public to build understanding, guidance and active involvement in the education of the children in its community.

In honor of Barbara Lynch, who served on the Tulsa Technology Board of Education from 1986 to 2003 and a member of the Oklahoma State School Boards Association Board of Directors from 1993 to 2003. In addition to being a school board member, Barbara was also a community volunteer with the PTA and Boy Scouts, and was a parent and vital member in the Broken Arrow community.

This award honors her spirit of community engagement and service. You may nominate a community member or organization that actively supports and works with your school district to help children and their education, the school system and the community.

OSSBAAwards

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Find the page at www.okedcoalition.org/get-the-facts

Oklahoma’s student enrollment isn’t just growing — it’s undergone a dramatic transformation. The percentage of students qualifying for free lunches, special education services or who are learning English has grown at dramatic rates.

Public education’s share of the state budget is on the decline.

School districts have an increasing reliance on local funding.

Oklahoma administrators are responsible for more students than most of their peers in other states. In fact, schools have adjusted staffing to meet new mandates and the growing needs of students.

Oklahoma’s teacher shortage is projected to grow even as enrollment is expected to increase.

You’ve probably heard the claims: Oklahoma’s school districts are top-heavy, have more money than ever before and should be able to do more with less money. But are those claims true?

Now there’s an easy place for you to go to get the facts about public education in Oklahoma. The Oklahoma State School Boards Association is a member of the Oklahoma Education Coalition. The coalition launched a new web page filled with factual information from the details of enrollment growth to the truth about education funding.

Among the highlights:

Get the Facts

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Cox Convention Center, Oklahoma CityAugust 26-28, 2016

Tentative AgendaFriday, Aug. 26

8 a.m. - 4 p.m. Registration

8 - 9 a.m. Visit Exhibits & Networking

8:15 - 8:45 a.m. New Board Member Orientation

9 - 10:15 a.m. General Session I

10:15 - 10:45 a.m. Break & Visit Exhibits

10:45 - 11:30 a.m. Breakout Session

11:30 a.m. - 1 p.m. Lunch & Visit Exhibits

1 - 1:45 p.m. Breakout Session

1:45 - 2:15 p.m. Break & Visit Exhibits

2:15 - 3 p.m. Breakout Session

3 - 3:15 p.m. Break

3:15 - 4:30 p.m. General Session II

Saturday, Aug. 27

7:30 a.m. - 2 p.m. Registration

8 - 9 a.m. Visit Exhibits

8 - 9 a.m. Pre-Delegate Assembly Legislative Review

9 a.m OSSBA Delegate Assembly

9 - 10 a.m. Breakout Session

10 - 10:30 a.m. Break & Visit Exhibits

10:30 - 11:15 a.m. Breakout Session

11:15 a.m. - 1 p.m. Lunch & Visit Exhibits

1 - 1:45 p.m. Breakout Session

1:45 - 2 p.m. Break

2 - 3:30 p.m. General Session III

Sunday, Aug. 28

8:30 - 9 a.m. Breakfast (ticketed)

9 - 11 a.m. Legal Roundtable Discussions

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Robert Romines thinks a lot about “Plan C.” Moore Public Schools didn’t have one May 20, 2013, when a tornado tore through the heart of the central Oklahoma school district, leaving in its wake death, destruction and inescapable heartbreak. “That was the day reality came crashing down.”

Romines assumed the superintendency not along after tragedy struck, and he’s been talking about a back-up plan for the back-up plan ever since. He’s certain Moore Public Schools did what it could to protect children that day, although seven children died inside Plaza Towers Elementary. If the district had turned out school early that day, he fears the death toll would have been worse.

The advice he now shares with other school leaders is simple yet chilling: Be prepared for anything.

SafetyFirst

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Safety First

Time and tragedy have changed how school leaders think about and approach school safety and security. Federal statistics show schools are as safe as they’ve ever been. But the 24/7 news cycle and social media have forever changed not only what information — or in some cases, misinformation — gets shared but how quickly information travels. High-profile incidents like the shooting at Sandy Hook Elementary create a sense of unease among parents and educators that even the most solid statistics can’t erase.

“Everyone has to think about safety and security issues,” said Max Tanner, superintendent of Oologah-Talala Public Schools. “You don’t want to be the person to think it will never happen in my community.”

Districts are understandably hesitant to discuss specific security measures. But some are quite obvious, particularly as districts build new schools and renovate existing buildings. School buildings with classroom doors that open to the outside are increasingly rare. Students now are funneled through just a few sets of doors that are typically monitored.

In many schools, access for daytime visitors is heavily monitored. Visitors must be buzzed in and are routed through an administrative office before being allowed elsewhere in the school. Some schools have gone a step further, strategically installing panic buttons connected directly to local law enforcement within arm’s reach of front office staff.

Preparation is Key

Just as school shootings are a rare occurrence, so too are tornado outbreaks during school hours. The May 2013 tornadoes led to a highly publicized effort to install storm shelters at all Oklahoma public schools. While a coordinated and funded statewide effort to ensure every school has a storm shelter fizzled out, storm shelters have become a core element of facility planning in districts throughout the state.

Last fall, Moore Public Schools patrons approved a bond issue that will help fund storm shelters at every school site. Oologah-Talala voters also approved a bond issue to help fund two storm shelters and construction will begin soon. Oklahoma City Public Schools quickly adjusted its already-in-progress construction plans to include safe-room elements to planned gymnasiums.

Communicate Honestly and Often

Romines is the first to admit his gut reaction when crisis hits isn’t always right. Tornadoes and subsequent security incidents have taught him to act quickly but not without thought. “Our team has learned to come around the table and talk. Disaster preparedness is ongoing, and our plan is a living document.”

When a crisis has passed, the team gathers again to discuss what went right and how to do better in the future.”We have to learn from what we didn’t know and not be afraid to have those conversations and know what the back-up plan is for our back-up plan.”

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After more than a decade on the Shawnee Public Schools Board of Education, April Stobbe is still surprised at the complexity of the responsibility.

“It took many years before I felt like I really understood how everything operates the local, state and federal levels,” Stobbe said. “Schools are very regulated, and it’s enlightening once you begin to realize the how complicated it can be.”

A Shawnee High School alumnus, Stobbe has served on the Shawnee school board since her initial appointment in 2002. In that time, Stobbe has served on a number of board committees for personnel, curriculum and facilities. She also serves as a parent volunteer and with a number of community

and philanthropic organizations in support of schools. A former teacher, Stobbe has undergraduate and graduate degrees in early childhood education.

Stobbe was named to the 2015 All-State Board of Education, garnering a nomination from Shawnee Superintendent Marc Moore.

“I have never been around an

individual — either on a school board or not — who possesses such an acute awareness and understanding of the dynamics on how a school district functions within a larger community,” Moore said. “She uses this attribute to better the school district by forming relationships with key individuals and groups evaluating how the board's decisions might positively or negatively impact the community, and by heading off current and future problems.”

Stobbe is mom to a college student and two Shawnee students. She said her initial interest in serving on the school board came from her own experience in education and wanting to be involved in the education of her children.

Without hesitation, she says money is the biggest challenge facing her district. But in spite of that ongoing difficulty, she’s

grateful for those who serve on behalf of children on a daily basis.

“Shawnee has many very dedicated teachers and administrators who do it because that’s their passion. Without those people, it wouldn’t work.”

The life of a school board member isn’t easy — answering tough questions from friends, neighbors and other constituents is a big part of the job — but Stobbe said community involvement at any level strengthens the school district.

“The more involved people get, the more it benefits the students and shows support to our teachers, who need all the support they can get. The strength of the school is the strength of the community, and everyone should feel like they have ownership.”

Board Member Spotlight


The strength of the school is the strength of the community, and everyone should feel like they have ownership.

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OSSBA invites the private sector, companies, institutions, firms and organizations with an interest in local public education and gaining

opportunities to network with school district leaders. As a Partner you can help be a part of OSSBA’s financial support of school board members and

administrators at state and national school-related meetings.

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Stephanie Mather, OSSBA Director of Legal Information and Staff Attorney

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Students’ Rights Concerning SearchesSchool districts are tasked with the responsibility to provide a safe environment for learning. In order to do this, the board of education adopts policies and rules concerning items that cannot be brought to school and behaviors that cannot occur at school.

In enforcing these policies and rules, administrators are sometimes called upon to determine if a student is in possession of items or things that are not allowed. These could include weapons, drugs, alcohol, stolen items or cigarettes. When the contraband is believed to be in the student’s possession, a search may be implicated.

Because school districts are an arm of the government, the Fourth Amendment rights of the student to be free from unreasonable search and seizure comes into play. As Supreme Court Justice Abe Fortas noted in 1969, students do not shed their constitutional rights at the schoolhouse gate.

The U.S. Supreme Court gave clear guidance to school districts on the ability to search students in the landmark case of New Jersey v. T. L. O, in 1985. This was a case where two high school freshmen were caught smoking cigarettes in

the bathroom by a teacher. The teacher took the two girls to the principal's office, where they were questioned by the administrator about violating a school rule by smoking in the bathroom. The first girl admitted to smoking, but the other girl, referred to as “TLO” denied smoking in the bathroom. The administrator then asked TLO to hand over her purse. After TLO handed over the purse, the principal observed a pack of cigarettes, as well as rolling papers, marijuana, a pipe, empty plastic bags, a large quantity of money, an index card that appeared to list students who owed TLO money and two letters that implicated TLO in dealing marijuana. The principal then called the police and the girl's mother, who voluntarily drove her to the police station. She was convicted of dealing and use of illicit drugs. She was expelled from the school and fined $1,000.

TLO appealed her conviction, and the U.S. Supreme Court agreed to hear the case in order to “address … the questions of the proper standard for assessing the legality of searches conducted by public school officials.”

The court, while recognizing the very important privacy interest of the student, also examined

the search in the context of the substantial need of teachers and administrators for freedom to maintain order in the schools. The court stated that the determination by the school administrator to conduct a search, unlike a police officer, “does not require strict adherence to the requirement that searches be based on probable cause to believe that the subject of the search has violated or is violating the law. Rather, the legality of a search of a student should depend simply on the reasonableness, under all the circumstances, of the search.” The court held that a search must not be overly intrusive. Again, quoting the Court:

“Under ordinary circumstances, a search of a student by a teacher or other school official will be ‘justified at its inception’ when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school. Such a search will be permissible in its scope when the measures adopted are reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction.”

Stephanie Mather, OSSBA Director of Legal Information and Staff Attorney

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How then does this apply now to schools in Oklahoma?

Oklahoma laws give us strong guidance.

First, Oklahoma law requires only superintendents, principals, teachers or security personnel can conduct student searches. This does not include teacher’s aides or support personnel at any time.

Likewise, the search of the student or the student’s property can only be conducted while the student is at school, being transported by the school or at a school-sponsored event. This should go without saying, but sometimes there is a desire to search off of school premises. In a 2013 Nebraska case, J.P. v. Millard Pub. Sch., a principal was told by a student that another

student had drugs in his truck, which was parked across the street from the school. The principal searched the truck and found drug paraphernalia. The student then appealed his suspension, and the Nebraska court found his Fourth Amendment rights were violated. The student's driving to school and parking off school grounds was not a school-sponsored event, nor was it associated with a school-sponsored event. The contraband that was found in the student's truck was not in the school environment or under the dominion and control of the school. In short, there was no evidence the student possessed drugs or drug paraphernalia on school grounds.

But what about a search of the person or a student? Oklahoma law strictly forbids any form

of “strip search” of a student at any time. The only item of clothing a student may be asked to remove is cold weather outerwear. A pat-down search may be conducted, but only by a person of the same sex as the student. A witness must be present for the pat down, preferably of the same sex as the student as well. Again, such searches should proceed with caution.

And then, what can the school search? As shown above, a student’s vehicle on school premises is subject to search upon reasonable suspicion that evidence of violation of a law or a school rule or policy is in the vehicle.

The law in Oklahoma is also clear that students have no expectation of privacy in school lockers or desks or other school property. Those items are subject to search at any time by the administration. The law does require that students and parents be notified of this in the school district “discipline code.” Most districts include this information in their school handbooks.

Finally, what about cell phones? We get more and more questions about the propriety of going through a student’s cell phone to determine the contents, look at the pictures and see who and what the student is texting. The first thing to remember is that a student has an expectation of privacy in the contents of his or her cell phone. Therefore, the Fourth Amendment is implicated. The determination should be made using the same analysis and guidelines articulated in the TLO case; i.e., are there “reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school”? Secondly, only search through enough to make that determination, and then call parents or law enforcement, as appropriate to turn over the phone. Do not delete anything, or require the student to delete anything. If a crime is indicated, it is important that nothing be done to destroy evidence.

Searches are necessary and called for on some occasions at school. It is important that boards of education establish appropriate policies and procedures to ensure students’ rights are protected while at the same time maintaining order and safety in the school.

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It’s Policy

Providing a safe learning environment for students is the goal of every administrator and school board member. Unfortunately, a variety of factors beyond human control could lead to potential harm for students and staff. School districts have had emergency drills for students and staff for decades. Over the years, the types of drills evolved and the times drills must occur

have changed. It is a good idea to review current practices to make sure that the school district is complying with current legal requirements for emergency preparedness.

Oklahoma law was amended in 2013 to require school districts to conduct a minimum of ten (10) safety drills each school year. These required drills provide an

opportunity for staff and students to practice for potential issues that could occur on school premises. The mandatory drill breakdown is as follows:

Lockdown Drills

Oklahoma law requires each

school district to conduct two

lockdown drills pursuant to 70 O.S. §

5-148, which provides as follows:

Each district board

of education shall ensure a minimum of two lockdown drills are conducted at each public school within the district each school year. No lockdown drill shall be conducted at the same time of day as a previous lockdown drill conducted in the same school year, and no more than two lockdown drills shall be conducted in one semester. Additional drills may be conducted at the discretion of the district. Lockdown drills shall be conducted for the purpose of securing school buildings to prevent or mitigate injuries or deaths that may result from a threat on or near the school. The drills shall conform to the written plans and procedures adopted by the district as required by Section 681 of Title 63 of the Oklahoma Statutes. All students and employees shall participate in the drills, with the extent of student involvement to be determined by the district.

Your school district should have local procedures for implementing the above-referenced legal requirement.

Fire Drills

Oklahoma law requires each

Student Safety and State-Mandated Drills

It's PolicyJulie L. Miller, OSSBA Deputy Executive Director and General Counsel

21

school district to conduct two fire drills per year. The first drill must be conducted within the first fifteen (15) days of each semester. The fire drills must include the sounding of a distinctive audible signal designated as the fire alarm signal.

Fire drill records must be maintained in writing at the school site and shall be preserved for at least three years and made available to the State Fire Marshal or the State Fire Marshal's agent upon request.

Tornado Drills

Oklahoma law requires each district to conduct at least two tornado drills per year with at least one drill in September and one in March.

Intruder Drills

Oklahoma law requires each district to conduct an intruder drill for the purpose of mitigating injuries or deaths by executing a plan as an alternative to the lockdown method. Each intruder drill must be conducted within the first fifteen (15) days of each semester.

Safety Drills

Oklahoma law requires that the remaining two safety drills be either lockdown drills, fire drills, tornado drills, intruder drills or any recommendation submitted by the Safe Schools Committee or any assisting fire or law enforcement department. As a result, these last two drills are flexible and can be determined on a district-by-district basis.

Records of all safety drills must be maintained with a copy of the report remaining at the site, a copy filed with the district administrative offices and a copy filed with the Institute for School Security Resources as created by the Oklahoma Office of Homeland Security.

In addition to the mandatory drills, many of Oklahoma’s public school districts now conduct earthquake drills. These earthquake drills have come about as a result of Oklahoma’s increased earthquake activity. These drills are not currently required by law.

Having effective policies on this issue is important. Even more important is making sure staff and substitute employees are aware of their roles with regards to each drill. This should probably be a subject of discussion at a board meeting and/or staff meetings.

Julie L. Miller, OSSBA Deputy Executive Director and General Counsel

22

Oklahoma’s per-student funding is terrible relative to other states. We’re last in our region and among the worst in the country at investing in the education of our children. And it’s not because our children need less. Oklahoma’s percentage of students needing special education services is higher than any state in our region, and only five states have a higher percentage of children who qualify for free- or reduced-price lunches.


Christian and Grace Watson, Christy Watson's children and Oklahoma public school students

Oklahoma started the school year about 1,000 teachers short — even after eliminating 600 positions compared to the year before.

To compensate, Oklahoma has issued more than 1,000 emergency teaching certificates, leaving tens of thousands of Oklahoma children in classrooms without a fully qualified teacher.

In 2005, the Legislature passed Oklahoma’s Achieving Classroom Excellence law aimed at improving student achievement. It addressed graduation requirements, academic standards, testing and remediation for struggling students. The state Education Department estimates full funding at almost $39 million; actual funding is about $8 million. That’s only 20 percent of what’s needed, yet the expectations on schools and students to meet the law’s requirements are unchanged.

A few years ago, Oklahoma’s legislators enacted the Reading Sufficiency Act to ensure Oklahoma third graders could read at grade level before moving on to fourth grade. State education officials estimate the full cost of successfully implementing the law at $12.6 million; actual funding is around half of that.

How Much is Enough?

23

School finance is complicated. Many outside the public education sector have only a general notion of how schools are funded. The mechanism is fuzzy even for many of those working in schools.

So when educators and public education advocates start talking about the need for more money, the question almost always comes back: How much is enough?

To the left are a few reasons why I'm sure the current level isn’t enough.

I also know on a very personal level why it’s not enough. In February, my son’s third-grade teacher sent out a text with a lengthy list of supplies she needed for her classroom: pencils, spiral notebooks, folders, paper, etc. Off I went to Target to fill the classroom closets because it’s what I can do.

At my daughter’s middle school, parents are talking about a fundraising strategy to pay for supplies and equipment for excellent teachers who want to incorporate more hands-on learning in their classrooms — items the school could buy if it had the money.

How much is enough?

Oklahoma would have to spend nearly $1.3 billion more a year just to reach the average per-student investment of other states in our region. That would raise the per-student spending from its current level of $8,851 to the regional average of $10,744. Even if we wanted to just bump up one spot on the regional list and displace Texas, it would cost more than $750 million annually.

These are big dollars to talk about in a year of a $1.3 billion shortfall. That doesn’t mean we should ignore this huge gap in education investment and talk about it another day. I’m not OK with the idea that students in surrounding states have $30,000 or more invested in their education throughout the course of their school years. I don’t think most parents or business leaders think that’s OK, either.

How much is enough?

Isn’t the answer clear?

• When the best possible teacher is leading every classroom.

• When teachers have the resources they need to create engaging learning experiences for every child.

• When schools have the resources to support children who have special needs and those who have fallen (and even started) behind.

• When teachers aren’t begging for basic classroom supplies.

• When Oklahoma parents like me can stop wondering why state leaders have decided my children are worth less than those in other states.

I’d really like an answer to this question: Why aren’t my children — and yours — worth more?


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Adair Afton Agra Alex Aline-Cleo AllenAllen-Bowden

Altus Alva Amber-Pocasset

Anadarko Anderson Antlers Arapahoe-Butler

Ardmore Arkoma Arnett Asher Atoka Autry TechAvant Barnsdall Bartlesville Battiest BeaverBeggs Bethany Bethel Billings Binger-Oney BishopBixbyBlair Bluejacket Boise City Bokoshe Boone-Apache

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Coyle Crescent Crooked Oak

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GuymonHaileyville HammonHanna Hardesty Harmony Harrah Hartshorne Haworth Haywood Healdton Heavener Hennessey Henryetta

High Plains Tech

Hilldale Hinton Hobart Holdenville Hollis Holly Creek Hominy Hooker Howe Hugo Hydro-Eakly Idabel Indiahoma Indian Capital Tech

Inola Jay Jenks Jones JusticeJustus-Tiawah

KetchumKeyes Keys Keystone Kiefer Kildare Kingfisher Kingston Kiowa Konawa Kremlin-Hillsdale

Laverne Leedey Liberty Sequoyah

Lindsay Little Axe Locust Grove

Lone Grove Lone Wolf Lookeba-Sickles

Luther Madill Mangum Marietta Marlow Maryetta Maud Maysville McAlester McCord

Medford Meeker Meridian Tech

Merritt/Carter

Miami Mid-America Tech

Mid-Del Midway Milburn Mill Creek Minco Moffett Monroe Mooreland Morrison Mounds Moyers Mt. View-Gotebo

Muldrow MustangNavajo Newcastle Norman Northeast Tech

North Rock Creek

Nowata Oak Grove Oakdale Oaks Mission

Oilton OkarcheOkemah Oklahoma Union

Oklahoma City

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Optima Osage Hills Panola Paoli Pauls Valley Pawhuska Pawnee Pioneer-Pleasant Vale

Plainview (Ardmore/Carter)

Pocola Ponca City Pond Creek-Hunter

Pontotoc Tech

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Spiro Sterling Stillwater Stilwell Stonewall Stratford Stringtown Strother Stuart Sulphur Sweetwater Swink Tahlequah TalihinaTaloga Tecumseh

Temple Tenkiller Timberlake Tipton Tishomingo TonkawaTri County Tech

Tulsa TechTurkey Ford Turner Tushka Tuskahoma Tuttle Tyrone Union City Valliant Vanoss VarnumVerden Verdigris Vian Vici Wagoner Walters Wanette Wapanucka Warner Washington Watonga Waukomis Waurika Wayne Waynoka Webbers Falls

Welch WellstonWestern Tech

Westville Wetumka Wewoka White Oak White Rock Whitefield Whitesboro Wilburton Wilson Wister Woodland Woodward Wright City Wyandotte Wynnewood Wynona Yale Yarbrough Zion

With the recent state revenue failure, many Oklahoma schools are looking at eliminating positions through a reduction in force (RIF). With a RIF comes unemployment liability up to $10,900 per claim. OPSUCA membership can help your school district minimize potentially costly unemployment liability. OPSUCA is here specifically to help Oklahoma schools with unemployment claims! Not only is our primary goal to save your school money, but we also save time and frustration by doing the work for you!

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As a school board member, you’ll do nothing more important than selecting a superintendent to lead your district, be an ambassador for public education in your community and ensure your local children receive a top-notch educa-tion. Districts that choose OSSBA’s executive search services are backed by an entire team of dedicated professionals. Our team includes former superin-tendents who understand what to look for in recruiting applicants. OSSBA’s experts in school and employment law offer valuable guidance for boards throughout the entire search process. A talented team of marketing profes-sionals will help highlight why your district is an amazing place to work and draw applicants who are a good fit for your district.

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Documents

Spring 2016 Oklahoma School Board Journal