05/18/04 -- Kansas funding system ruled unconstitutional
• A Kansas judge ruled the state's system of education funding is unconstitutional.
The May 11 decision by Shawnee County District Judge Terry Bullock says the funding system is "inadequate and inequitable." He ordered public schools to be closed, as of June 30, until the flaws in the system are fixed. The state plans to appeal the ruling.
In December, Bullock had ordered the state legislature to revise the education funding system during its 2004 term. But the legislature adjourned May 8 without taking action on the issue. The school funding suit, originally filed by administrators and parents in the Dodge City and Salina school districts, is on appeal to the Supreme Court.
Fitness foundation stops school payments
• The National School Fitness Foundation (NSFF) has notified more than 500 school districts across the nation that it will no longer make contributions to schools participating in the LIFT America program.
As reported in the May 4 issue of School Board News, Minnesota state officials raised concerns about the financial stability of the program. The Minnesota Commerce Department filed papers to obtain a cease and desist order against the Utah-based NSFF, which would bar it from doing business in the state.
To participate in LIFT America, districts paid as much as $1.5 million up front for fitness equipment and related services. NSFF told them it would reimburse them for the entire amount from money the foundation received from grants and private donations.
Minnesota officials, however, charge NSFF is using payments from school districts who recently signed on to the program to repay districts that have been in it earlier, making it essentially a Ponzi scheme.
In the letter to school districts, NSFF President Cameron Lewis wrote: "The foundation has been forced to postpone its voluntary contributions to schools participating in the LIFT America program, due to its legal problems, as well as rapidly depleting revenue streams and donations. We hope to be able to resume these contributions at some future time."
Clarification on food facilities sought
• NSBA has asked the Food and Drug Administration (FDA) to clarify whether the Public Health Security and Bioterrorism Preparedness Act of 2002 requires school districts to register as "food facilities."
The act, designed to protect and monitor the nation's food supply in case of terrorism, requires most facilities that manufacture, process, pack, or hold food to register with the FDA. NSBA submitted comments to the FDA to request that schools not be required to register.
Restaurants and grocery stores are exempt, but wholesalers and central kitchens that distribute food do have to comply. Neither the act itself nor the regulations issued by FDA are clear on whether schools' food operations would be considered "food facilities."
The U.S. Department of Agriculture sent a letter to the FDA in April asking that facilities operating under the National School Lunch Program be exempt from the act.
FEMA issues primer on safe schools
• The Federal Emergency Management Agency (FEMA) has issued guidelines on how to construct a school that is safe from terrorist attacks.
The primer includes information on how to conduct a threat/risk assessment, prepare site layout and building design, and create school safety plans. It also includes a brief discussion on blast theory and chemical, biological, and radiological agents; measures that can be taken to mitigate school vulnerabilities; and the concept of "safe rooms."
NCLB parent involvement clarified
• The U.S. Education Department issued "non-regulatory" policy guidelines on implementing the parent involvement provisions of the No Child Left Behind Act.
NCLB requires school districts to develop a written parent involvement policy; inform parents of their right to request information about the qualifications of their children's teachers; and reach out to parents of English language learners.
Districts also must distribute "report cards" to parents with information about assessment results, accountability, and teacher quality for the district as a whole and all district schools.
The guide "offers local school boards a wide range of options for expanding parental involvement without establishing burdensome requirements," says NSBA Federal Relations Director Reggie Felton.
"Local school boards remain committed to effective communication strategies with parents," he says, but there are concerns about the costs of complying with the parent involvement mandates.
Facility planning guide released
• The Council of Educational Facility Planners International (CEFPI) has issued a guide that covers all the issues involved in planning and building a school.
While the guide explains such steps as developing a budget, site evaluation, and construction, it also focuses on understanding the relationship between facility design and student achievement.