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2016 Executive Leadership
Academy
Cohort 4
Capstone Projects
Dedicated to the children
of the State of Nevada
1
Table of Contents
Emotional Intelligence: A Key Component to the Success of School Leaders
Abstract…………...…………………………………………………………………..Page 5
Full Report……………………………………………………………………………Page 6
Reducing the Impact of Employee Leave on Schools
Abstract. . . . . . . . . .…………………………………………………………………Page 23
Full Report…………………………………………………………………………..Page 24
Section 504 Plans: Do They Serve Students Well?
Abstract. . . . . . . . . .…………………………………………………………………Page 49
Full Report…………………………………………………………………………..Page 50
2
Executive Summary
The Public Education Foundation understands that the highest-performing organizations, including our public
schools, need to recruit and retain top talent. In order to bring about real and lasting change to public education, it is
critical that educators have the vision, knowledge and courage to develop innovative solutions that produce results.
The Foundation’s Leadership Institute of Nevada is building a network of leaders from Nevada’s public schools and
businesses to drive statewide school improvement.
Our Regional Education Leadership Summits are held two times per year. Once in Southern Nevada and once in
Northern Nevada, principals, business leaders, elected officials and stakeholders from across the state are invited to
attend each event featuring the nation’s best practitioners, scholars and business leaders. Participants from Northern
and Southern Nevada are exposed to new ideas, entrepreneurial thinkers and best practices intended to motivate,
inspire and foster awareness of innovative problem-solving. To date, we have engaged more than 1,250 principals,
education administrators, business executives and community leaders from across Nevada.
Our Executive Leadership Academy is a 13-month intensive executive leadership experience for a select group of
educational and business leaders. The program prepares participants for strategic problem-solving and the effective
use of talent, tools, time and money. Participants engage with world-class leaders in the fields of education, business,
finance and public policy to discuss and debate strategic solutions to the problems we face in public education. Some
of the nation’s top scholars and practitioners in education – including those from the American Enterprise Institute,
Harvard University, Georgetown University and Rice University – comprise the Academy’s faculty. Participants
complete their Academy experience with a capstone project that includes an action plan to solve many of the state’s
most challenging educational issues. The Executive Leadership Academy provides participants with the skills and
mindset to significantly impact public education today and in the future.
The Teacher Leader Academy is a 12-month leadership experience for promising teacher leaders. The program
prepares participants to cultivate and amplify their leadership practices beyond the classroom. Participants engage
with world-class leaders and practitioners to develop teacher leader competencies in order to advance the teaching
profession and to improve public education in Nevada. Teacher leaders are assigned a mentor to assist them in
developing leadership competencies and practices throughout their Academy experience. Participants complete the
Academy with a capstone project that includes an action plan for specific teacher-leadership issues facing
classrooms and schools across the state.
The final component of the Leadership Institute of Nevada includes our Leadership Community Roundtables. This
component provides leadership development opportunities for school board members, other elected officials,
community leaders and education advocates. In conjunction with each Executive Leadership Academy course
session, the Foundation facilities a community roundtable discussion during which Academy faculty discuss issues
such as school finance, resources and productivity, community engagement and data-based decision making. Like
the Executive Leadership Academy, participants are challenged to identify innovative solutions to the challenges we
face in Nevada public schools.
For more information, please contact Dr. Brian Myli at (702) 799-1042 or [email protected].
3
Emotional Intelligence: A Key Component to the Success of School Leaders
By
Robert Bischoff
Marilyn Dondero Loop
Deanna Jaskolski
Jose Silva
Jackie Walker
Submitted in partial fulfillment of the requirements for the
Capstone Project for The Public Education Foundation‟s Executive Leadership Academy
October 2016
4
Abstract
Emotional Intelligence: A Key Component to the Success of School Leaders
Emotional intelligence is a person‟s ability to recognize personal feelings and those of
others and to manage emotions within themselves and in their relationships with others
(Goleman, 1998). The implementation of Assembly Bill 394: Plan to Reorganize the Clark
County School District will require building level administrators to have a strong grasp of their
own emotional intelligence strengths and areas of growth, in order to successfully involve
stakeholders in the decision making process and to implement those decisions. The current
director of the CCSD Leadership Preparatory Academy expressed the need for a component of
emotional intelligence in the coursework of the academy. Emotional Intelligence tools can aid in
developing the predictive index in defining what is required in a candidate by using a
combination of skill set, experience, and soft skills. A psychometric ensures the right behavioral
drivers to lead. The Simmons Group, a full service strategic planning, human resources, training,
talent management, and organizational development company, recommended our best course of
action would be to use the book Emotional Intelligence 2.0 by Bradberry and Greaves (2003) and
the companion training by TalentSmart. To make a significant impact in the Clark County
School District with regards to emotional intelligence, all current and pre-service administrators
should take the EI appraisal, read Emotional Intelligence 2.0, and participate in emotional
intelligence professional development facilitated by trainers that have received certification
through TalentSmart. We identified several barriers that may hinder the implementation of our
solution. The first potential barrier that we identified was related to fiscal impact. The second
potential barrier is in the area of policy and regulations. The third barrier that may arise is that of
administration.
5
Review of the Literature
Emotional intelligence is a person‟s ability to recognize personal feelings and those of
others and to manage emotions within themselves and in their relationships with others
(Goleman, 1998). Matthews, Zeidner, and Roberts (2002) further defined emotional intelligence
as the ability to identify and express emotions, understand emotions, assimilate emotions in
thought, and regulate positive and negative emotions in oneself and others. There are four
competencies included in emotional intelligence: 1) self-awareness is the ability to accurately
perceive one‟s emotions and remain aware of them as they happen, including the ability to
manage one‟s response to specific situations and people: 2) self-management is the ability to be
aware of one‟s emotions and have the flexibility to positively direct one‟s behavior in response
to those emotions, to manage emotional reactions in all situations and with all people; 3) social
awareness is the ability to accurately identify the emotions of other people and thus understand
the effects of those emotions; and 4) relationship management is the ability to use awareness of
one‟s own emotions and those of others to successfully manage interactions and effectively
handle conflict (Bradberry & Greaves, 2003).
Goleman‟s theory (2001) is grounded specifically in work performance. He contends that
emotional intelligence plays a significant role in predicting success in the workplace, especially
among those in top leadership. Effective leaders are able to apply their emotional intelligence to
make good decisions and effectively manage themselves and others (Caruso & Salovey, 2004).
The biggest difference between the successful executives and the executives that failed was
emotional intelligence.
6
Various studies revealed that emotional intelligence has a significant effect on leadership
performance in organizations (Goleman, 1998) and significantly influences the performance of a
leader (Cherniss & Goleman, 2001). Outstanding leaders are adept at using their emotional
intelligence in moving their organizations forward (Goleman, Boyatzis, & McKee, 2002).
Additionally, the executive search firm Egon Zehnder International (as cited in Cherniss, 2003)
analyzed 515 senior executives and found that those who were primarily strong in emotional
intelligence were more likely to succeed than those who were stronger in either relevant previous
experience or IQ.
Furthermore, individuals high in emotional intelligence tended to perform at a higher
level than their counterparts with low emotional intelligence, and those who tended to improve
or work on their emotional intelligence outperform cohorts who did not (Bradberry, & Greaves,
2003). Since emotional intelligence can be taught and improved with practice (Caruso &
Salovey, 2004; Cherniss & Goleman 2001; Salovey & Mayer, 1990), superintendents and school
boards can use this information as a guide to strengthening principals‟ emotional intelligence,
and principal selection committees can use the information to identify candidates best able to
address the nine standards of leadership performance within the school environment. Knowing
that emotional intelligence has an effect on principals‟ leadership performance could have an
important bearing on how principals are selected and trained (Cook, 2006).
Stone, Parker, and Wood (2005) conducted research to explore the relationship between
emotional intelligence and school leadership. They wanted to identify specific emotional and
social competencies required of principals and vice-principals that would help them be
successful in meeting the demands and responsibilities of their jobs. The sample of their study
consisted of 464 principals and vice principals from nine school boards in Ontario, Canada. The
7
leaders who were in the above average leadership group scored higher in the four broad
emotional intelligence dimensions of intrapersonal and interpersonal relationships, adaptability,
and stress management, and in overall emotional intelligence than did the leaders in the below
average leadership group. The two groups did not differ in the area of general mood.
Overall, total emotional intelligence was a significant predictor of the success of school
administrators. Emotional intelligence can be the difference between a high performing school
and a low performing school, and the leaders who possess high levels of EI are more skillful in
leading change and cultivating commitment among their staff (Beavers, 2005). The most
important outcome of Cook‟s study, however, was the indication that principals‟ levels of
emotional intelligence significantly affect their performance as educational leaders. Results from
this study found that principals‟ age had no significant effect on emotional intelligence (Cook
2006).
This outcome was not consistent with research from other studies which suggested that
individuals‟ emotional intelligence increased as they grew older (Bar-On, 2000). Future school
leaders preparing for the principalship could benefit from instruction on the importance of the
role that emotional intelligence plays in their leadership performance. Universities and colleges
may want to examine their current educational leadership programs and provide training during
course offerings and internships to help aspiring principals become aware of and develop their
emotional intelligence (Cook 2006).
Current District Practice
Clark County School District recently reinstated the Leadership Preparatory Academy
after several years of absence due to funding and financial constraints. Acceptance into the
current program begins with an application process which includes submission of the applicant‟s
8
last three evaluations and a recommendation from their current supervisor. Fifty percent of the
scoring is based on that recommendation. Candidates are also required to complete a writing
assessment and an interview. It should be noted that the interview is not a behavioral interview
during which emotional intelligence questions could reveal the capacity of the candidates.
During a discussion with the current director of the Leadership Preparatory Academy,
Lisa Rustand, she relayed several observations which support the need for a component of
emotional intelligence in the coursework of the academy. Her first consideration included the
recommendation process where administrators endorse candidates. The inherent flaw in this
system is found in the humanity and subjectivity of the person filling out the recommendation.
The completion of a reference for someone in whom the supervisor has a vested interest can
create a bias which may blur the validity of the information. Another consideration
communicated by Rustand is the possibility that the supervisor may recommend an individual for
leadership because the individual has “paid their dues” or it is “time for him or her to move on.”
Additionally, and perhaps most telling, is that an individual with limited emotional intelligence
may not recognize it in another, therefore referring poor candidates for leadership.
Rustand relayed that a few of the candidates for the leadership program seem to be
lacking in requisite skills for success in administrative positions. She spoke of participants who
have cried in her office during discussions about their assessments, class participation,
professional dress or attendance. They argued with the awarding of points or the feedback of the
class mentors. This has taken place after conversations in the class about not arguing with the
mentors regarding the rubrics and point system.
Infused throughout the instruction in the leadership program is a focus on building
culture in schools. SB394 requires the principalship of the schools to build a strong, collaborative
9
culture where the stakeholders are considered valuable members of the decision making team
and their perspectives are valued. This focus on culture building and this shift that many schools
will be required to manage, will succeed or fail with the emotional intelligence of the principal.
A leader who is required to build a strong culture must do so from the foundation of self-
awareness, self-management, social awareness, and relationship management. If the Leadership
Preparatory Academy does not include emotional intelligence as a component of leadership
training it will handicap the success of current and future leaders in the Clark County School
District.
Emotional Intelligence Tools
During an interview with Jill Elliott, Vice President of People and Culture for R&R
Partners, a leading advertising company that builds fast-moving business climates and shapes
public policy, we discussed using one of the listed psychometrics, the school district can define
what is required in a candidate. Emotional Intelligence tools help to be the predictive index to
define what is required in a candidate by using a combination of skill set, experience, and soft
skills. A psychometric ensures the right behavioral drivers to lead.
We identified tools that have been used to determine emotional intelligence and aid in
testing a person‟s ability on each of the four branches of Emotional Intelligence. The following is
a brief description of these tools:
Predictive Index is a tool that helps to predict primary personality characteristics and
cognitive ability to aid in prediction of workplace behaviors and on-the-job performance
Emotional Intelligence 2.0 helps to pinpoint strategies that will increase emotional
intelligence.
Myers-Briggs is the leading psychological instrument for measuring personality type
10
360 Refined highlights strengths, areas for improvement, and different viewpoints
between self and others
DISC Personality Profile Test helps to self-present self-awareness by revealing strengths
and weaknesses.
The two strongest indicators that were the best predictors for an education setting were the
Predictive Index and Emotional Intelligence 2.0.
A school district should have a concise description of what the position requires for the
applicant as this will assist with a clear line to emotional intelligence. Structured behavioral
interviewing helps to vet and ensure that past performance will be a predictor of their future
performance. It is critical to evaluate emotional intelligence. Culture interviews are important to
determine the person‟s fit with the school. The personal values of the applicant should be aligned
with the school values. Emotional intelligence should always reflect the ability to join
intelligence, empathy and emotions to enhance thought and understanding of interpersonal
dynamics in a school setting.
Appraisal Tool
The Emotional Intelligence Appraisal: There Is More Than IQ (Bradberry, & Greaves,
2003) consists of 28 questions addressing: 1) self–awareness, 2) self–management, 3) social
awareness, and 4) relationship management. Each principal was scored in the four areas and in
overall emotional intelligence. Scores on the Emotional Intelligence Appraisal can range from 0
to 100. The scores are scaled as follows: 59 or below is significantly below average, 60 to 69 is
below average, 70 to 79 is average, 80 to 89 is above average, 90 to 100 is significantly above
average. The appraisal is two pages long and takes less than 15 minutes to complete.
11
Recommendations
To address the concern of determining a process to identify and enhance the emotional
intelligence capacity in principal candidates in order to improve their on-the-job success, we
sought out private sector businesses that were successful with increasing employees‟ emotional
intelligence. One company that fit this bill in the Las Vegas area was the Simmons Group.
According to their website, the Simmons Group is a full service strategic planning, human
resources, training, talent management, and organizational development company with solutions
designed to assist organizations and professionals achieve their highest level of success. After
meeting with the owner, Ann Simmons Nicholson, and discussing our task of increasing the
emotional intelligence of administrators in the Clark County School District, she recommended
using the book Emotional Intelligence 2.0 by Bradberry and Greaves and the companion training
by TalentSmart.
As stated in the literature review, emotional intelligence is comprised of four core skills
under two primary competencies: personal competence and social competence. Personal
competence consists of self-awareness and self-management and within social competence lies
social awareness and relationship management. The training and development that TalentSmart
offers is built around the two primary competencies and four core skills. According to their
website, TalentSmart employs graduate-trained behavioral psychologists who develop innovative
learning solutions to ensure lasting improvements in emotional intelligence. TalentSmart offers a
suite of training options: Emotional Intelligence Train-The-Trainer Certification, consisting of
level 1 and level 2; an online Emotional Intelligence Appraisal Course to interpret and debrief
the Emotional Intelligence 2.0 assessment; and the self-paced Emotional Intelligence 2.0
(Bradberry and Greaves, 2003), which contains the Emotional Intelligence Appraisal.
12
The Emotional Intelligence Appraisal is comprised of twenty-eight brief questions and
two open-ended questions that takes approximately twenty minutes to complete. Once
completed, the participant receives his EQ Results for each of the four core skills: self-
awareness, self-management, social awareness and relationship management; the EQ Summary;
EQ lessons specific to his personal EQ results; and how to set and track goals based on EQ
results.
The level, 1 train-the-trainer certification offered by TalentSmart, is a two-day training.
During day one, participants will experience the Mastering Emotional Intelligence training –
Level 1 and day two, they will learn to facilitate the day one training. According to TalentSmart,
at the end of this training, the participants will have:
discovered what EQ is and why it matters at work
broadened their awareness of the role of emotions in the workplace and their
profession explored the four EQ skills in action: Self- Awareness, Self-Management,
Social Awareness, and Relationship Management
discussed real world examples and experiences, what works, what doesn‟t, and what
to do next time
gained insight from the Emotional Intelligence Appraisal® assessment results, to
enable an understanding of their current level of emotional intelligence (strengths
and weaknesses) and where to focus their development
completed their own EQ Development Plan to include one EQ goal and specific EQ
practice strategies that will help achieve this goal
supplemented training with EQ lessons that include movies & TV clips with analysis
to bring EQ to life.
13
The second option is the train-the-trainer, Level 2. This is also a two-day training.
During day one, participants will experience the Mastering Emotional Intelligence training –
Level 2 and day two, they will learn to facilitate the day one training. The objectives of the level
2 training according to TalentSmart are to:
master the emotions that have a negative impact on decision-making and behavior,
squash negative self-talk and achieve new levels of self-control,
discover how others view your EQ with the Emotional Intelligence Appraisal®
Multi-Rater Edition, and create an EQ development plan,
develop the critical listening and observational skills that truly put you in the other
person‟s shoes,
master the emotional component of conflict for improved relationships and
teamwork,
dive deeply into the four core skills so you can guide learner skill development,
learn how to debrief the Emotional Intelligence Appraisal® Multi-Rater,
review half-, one-, and two-day session designs and prepare for your first session,
lead discussions using Hollywood movie clips,
become your company‟s in-house EQ subject matter expert.
Thirdly, the online Emotional Intelligence Appraisal course consists of five sessions that
can be taken on demand by the participants. As stated by TalentSmart, these sessions teach
participants to:
● understand the TalentSmart approach to the EQ Assessment,
● utilize the built-in assessment features that drive continued learning and practice,
● interpret common and complex results profiles,
14
● understand the statistical foundations for the EI appraisal, trends across gender
● learn or review best practices for administration.
The final option is for participants to take the Emotional Intelligence Appraisal and
independently read Emotional Intelligence 2.0 by Bradberry and Greaves, in which the appraisal
is contained, to increase their EQ.
There are four recommendations based on the information above to identify and enhance
the emotional intelligence capacity in principal candidates in order to improve their on-the-job
success. Since the lack of awareness regarding emotional intelligence was an issue identified
with pre-service administrators, many current administrators also lack emotional intelligence
awareness. Therefore, the first recommendation is that all principals would be involved in
emotional intelligence training and in turn provide emotional intelligence training to their
administrative staff through a book study format, and at the district level provide training for pre-
service administrators. This recommendation would entail six to eight school associate
superintendents, principals, or directors to participate in Train the Trainers, Level 1 and 2
Certification trainings through TalentSmart. The goal for those trained would be to deliver
training to all district principals and pre-service administrators.
For this first recommendation of training for all principals, each principal should have a
copy of Emotional Intelligence 2.0. Principals would first take the Emotional Intelligence
Appraisal, read Emotional Intelligence 2.0 and then participate in two sessions that would 1)
provide them with professional development regarding their appraisal report and then 2) provide
the principal's information to conduct a book study of Emotional Intelligence 2.0 with their
administrative team. The trained principals would then conduct the book study with their
administrative team.
15
The training of pre-service administrators would take place during the Clark County
School District Leadership Academy. The trainers that received the EI trainer-of-trainers
certificate would conduct the training. The training during the academy would require each of
the participants to have a copy of Emotional Intelligence 2.0 and take the EI Appraisal. The
trainers would then dedicate one session of the leadership academy to emotional intelligence.
If the first recommendation is not viable, the second recommendation is to focus on the
pre-service administrators. This recommendation would entail three to four school associate
superintendents, principals, or directors to participate in Train the Trainers, Level 1 and 2
Certification trainings through TalentSmart. The goal for those trained is to deliver training to
the pre-service administrators. The training for pre-service administrators would follow the
same outline as recommendation one for pre-service administrators.
The third recommendation will also focus on pre-service administrators, but will have
three to four school associate superintendents, principals, or directors participate in only the
Train the Trainers Level 1 Certification training through TalentSmart and would follow the same
framework as the first recommendation for pre-service administrators.
The last recommendation, if the three prior recommendations were not feasible, is to train
two - three school associate superintendents, principals or directors through the online Emotional
Intelligence Appraisal course. The participants would read the Emotional Intelligence 2.0 book
and take the associated appraisal. These two-three trainers would assist pre-service
administrators with reading and interpreting their EI scores from the appraisal but would not
have the training to enhance their emotional intelligence.
In order to make a significant impact in the Clark County School District with regards to
emotional intelligence, all current and pre-service administrators should take the EI appraisal,
16
read Emotional Intelligence 2.0, and participate in emotional intelligence professional
development facilitated by trainers that have received certification through TalentSmart.
Barriers
It is important to not just identify potential barriers, but also find ways on how the
barriers can be overcome. The first potential barrier that we identified was related to fiscal
impact. The second potential barrier that needs to be overcome is in the area of policy and
regulations. The final barrier is that of administration.
The first potential barrier, fiscal impact, can stop an initiative before it can even get out of
the gate. In Nevada‟s current fiscal situation, the amounts of money to be spent on any initiative
must be justified. We have proposed four options. The options are discussed in detail previously
in the paper. The actual costs are detailed below.
The first option is based on training all of the current site-based administrators. There are
currently 920 site based administrators in the Clark County School District. Each administrator
must have the book with appraisal report. The book with appraisal reports are $14 each for a total
of $12,880. The cost of training in EQ levels 1 and 2 are $6,995 per participant. If eight people
were trained as trainers the cost for this would be $55,960. The total cost with books for all site-
based administrators and training the trainers would be $68,840.
The second option is based on training trainers in Level 1 and 2 and then training the pre-
service administrators. If the district trained four people, the cost would be $6,995 per person for
a total of $27,980. The cost of the books is $14 per book and the total cost of the books would
depend on the number of pre-service administrators.
The third option is also based on training trainers but only in Level 1. This would cost
about $3,995 per person to be trained. If the district trained four people, the cost would $3,995
17
per person for a total of $15,980. Once again the total cost of the books for pre-service
administrators would depend on how many are being trained.
The fourth option would be to train two or three school associate superintendents,
principals, or directors through the online Emotional Intelligence Appraisal Course. The cost of
this online training is $995 per person for a cost of $2,985 for three people to be trained. There
would also still be the cost of a book, $14, for each participant.
Policy and regulations are the next possible hurdles to overcome. The school board would
only need to adjust the regulation part of their policies and regulations manual. According to P-
4111 (Section 2) in CCSD‟s Policies and Regulations, “The purpose of an administrative
selection and appointment procedure is to identify those applicants who are well qualified and
suited to effectively discharge the required duties and responsibilities of the position to which
they may be appointed by the superintendent.” R-4111 Section 1, Part E states that,
“Administrative applicants shall be screened by the appropriate administrator(s) in the Human
Resources Divisions and shall be given a numerical screening score using the same rubric for all
applicants. The rubric shall evaluate the candidate‟s type and amount of experience, the quality
of the experience indicated in the letters of recommendation, leadership activities, and other
accomplishments relative to the position‟s expectations.” According to the policies and
regulations in place, the purpose of the administrative procedure is to identify those applicants
who are most qualified. The school board and superintendent would need to see the need for the
additional screening and then make the revisions necessary in the regulations.
The last barrier is administrative in nature. The question is whether or not the
superintendent and others at the top of the hierarchy will support this initiative. This is critical
for a consistent implementation. If the superintendent and the head of the Human Resources
18
Division do not see the value of training in emotional intelligence, then it will not be
implemented at all, or if implemented, may not be done with the fidelity and consistency
necessary.
The implementation of Assembly Bill 394: Plan to Reorganize the Clark County School
District will require building level administrators to have a strong grasp of their personal
emotional intelligence strengths and areas of growth in order to successfully involve stakeholders
in the decision making process and for the implementation of those decisions. To this end, all
Clark County School District administrators and pre-service administrators have the opportunity
to identify and enhance their emotional intelligence capacity.
19
References
Bar-On, R. (2000). Emotional and social intelligence: Insights from the Emotional Quotient
Inventory (EQ-I). In R. Bar-On & J.D.A. Parker (Eds.), Handbook of emotional
intelligence (pp. 363-388). San Francisco: Jossey-Bass.
Bradberry, T. & Greaves, J. (2003). Emotional intelligence quickbook: Everything you need to
know, San Diego, CA: Talent Smart Inc.
Caruso, D. R., & Salovey, P. (2004). The emotionally intelligent manager: How to develop and
use the four key emotional skills of leadership, San Francisco, CA: Josey-Bass. 78
Cherniss, C. (2003). The business case for emotional intelligence, The Consortium for Research
on Emotional Intelligence in Organizations
Cherniss, C. & Goleman, D. (2001). The emotionally intelligent workplace. San Francisco, CA:
Josey-Bass.
Fullan, M. (2001). Leading in a culture of change. San Francisco, CA: Josey-Bass Publishers.
Goleman, D. (1998). Working with emotional intelligence. New York, NY: Bantam Books.
Goleman, D., Boyatzis, R. & McKee, A. (2002). Primal leadership: Realizing the power of
emotional intelligence. Boston, MA: Harvard Business School Press.
Matthews, G., Zeidner, Moshe., & Roberts, R. D. (2002). Emotional intelligence: Science &
myth. Cambridge, MA: The MIT Press. Privacy Policy. Emotional intelligence (EQ) | the
premier provider - tests, training, certification, and coaching.
Salovey, P. & Mayers, J.D. (1990). Emotional intelligence. Imagination, Cognition, and
Personality, 9, 189.
20
Stone, H., Parker, J.D.A., Wood, L.M. (2005). Report on the Ontario principals’ council
leadership study. Ontario, Canada: Ontario Principals‟ Council.
www.discprofile.com (DiSC Profile- What is DiSC? The DiSC personality text explained)
www.myersbriggs.org (The Myers & Briggs Foundation)
www.predictiveindex.com (The Predictive Index)
www.talentsmart.com (360 Degree Feedback Test- World‟s #1 360º Review. Emotional
Intelligence (EQ)- The Premier Provider of Tests, Training, Certification, and Coaching)
21
Reducing the Impact of Employee Leave on Schools
By
Jennifer Andricopulos
Miriam Benitez
Laura Dickensheets
Greg Halopoff
Submitted in partial fulfillment of the requirements for the
Capstone Project for The Public Education Foundation‟s Executive Leadership Academy
October 2016
22
Abstract
Reducing the Impact of Employee Leave on Schools
Employee absences in schools have a negative impact on day-to-day operations and
student learning, and Nevada district superintendents are interested in finding innovative ways to
reduce employee leave and improve student achievement outcomes. In addition to general sick
leave, leave taken under the protection of the Family and Medical Leave Act (FMLA) often
results in extended or periods of extended time off, making it difficult to provide schools and
students with the continuity needed for high quality instruction and educational support. During
the 2013-14 school year, 49% of Nevada teachers and 56% of Clark County School District
(CCSD) teachers missed more than 10 days of school, which is much higher than the national
average of 25%. Exacerbating the problem, as much as 23% of all sick leave taken by CCSD
teachers and administrators is protected under FMLA, making it more difficult for district
leadership to hold employees accountable for time taken off work. All district employees are
given 15 days of sick leave per year by negotiated employment contracts. Since districts cannot
change the FMLA law, which is arguably the best solution, other efforts can be made to improve
employee attendance at their schools. One of these is to strengthen the procedures of their human
resources and employee management relations departments to more strictly enforce current laws,
policies and regulations, and minimize sick leave abuse. Another is to provide better professional
development and resources to school principals on their part in managing and tracking employee
leave. For CCSD specifically, a third solution requires implementing a Human Capital
Management (HCM) system to provide better tracking of employee leave and visibility into
leave usage data. A fourth area introduces win-win scenarios that provide incentives for better
attendance and penalties for excessive leave usage. Finally, providing schools with qualified
backfill for critical-needs support positions will help reduce the impact of absences on daily
operations. Some of the challenges presented by the recommended solutions include working
with the employee bargaining groups to re-negotiate contracts, providing additional resources to
build a surveillance strategy to investigate and challenge sick leave abuse, implementing a
modern HCM system to replace highly manual and paper-based processes, and funding qualified
substitutes for critical-needs positions in school buildings. In all cases, when it comes to work
attendance, districts must bust the cage of treating all employees as equals and start to
increasingly reward those employees who come to work and want to make a difference in the
lives of their students. Districts can no longer afford to enable poor attendance by granting
excessive leave, that under-committed employees can hide under the shield of FMLA to collect a
paycheck and avoid work. With thoughtful attention to current practices, much can be done now
to start the work and make the difference for children.
23
Overview
School district superintendents across Nevada‟s 17 counties have expressed concern
about the impact of employee leave on schools. More specifically, their concerns target the use
of the Family Medical Leave Act of 1993 (FMLA) among school employees, which include
teachers, administrators and support staff personnel. Although the FMLA law has good
intentions, employees can leverage the use of FMLA to take excessive leave as provided by the
employer without penalty. Since FMLA usage is taken through sick, vacation or personal leave,
this study begins with the negative impacts of general employee leave on schools, and then
continues with a narrowing focus on FMLA and how its misuse enables and exacerbates the
leave problem. Contributing issues are then identified with practical recommendations offered to
improve employee attendance through various business process changes and incentives.
A study released by the National Center for Teacher Quality (NCTQ) provides valuable
insights into teacher attendance among 40 of the nation‟s 50 largest school districts not including
Nevada‟s Clark County School District. The study reveals that on average, public school
teachers miss 11 of 186 days in an average school year. More significantly, 16% of all teachers
miss 18 or more days during the school year, accounting for one-third of all teacher absences,
and classifying them as “chronically absent” (NCTQ, 2014).
In a similar study released by the Education Week Research Center, 49% of Nevada
teachers and 56% of Clark County School District (CCSD) teachers missed more than 10 days of
school during the 2013-14 school year (Morton, 2016). This is much higher than the national
average of 25% missing 10 days or more (Sparks, 2016). Table 1 illustrates how this is possible,
as the negotiated agreement between the Clark County School District and the Clark County
Education Association (CCEA) gives teachers 15 days of sick leave and up to four days of
24
personal leave (CCSD/CCEA, 2015) each year. Ironically, students who miss at least 15 days of
school in a year are considered “chronically absent” and are at serious risk of falling behind in
school (U.S. Dept. of Education, 2014).
Table 1
Comparison of Teacher Absences Among Subgroups for the 2013-14 School Year
Subgroup
Percent of Teachers
Missing 10 or More Days
Sick Leave Absences
Granted per School Year
U.S. 25% 10 (average)
Nevada 49% 15 (by contract)
CCSD 56% 15 (by contract)
In addition, prior research has found that students whose teachers miss 10 days of school
have lower math achievement and less engagement in school (Sparks, 2016). Moreover, when
teachers are absent, substitute teachers are present. American students spend an average of one
year with a substitute teacher throughout their K-12 experience, and it is well known that
substitute teachers are minimally prepared and can negatively impact student achievement
(O‟Connor, 2009). This indicates a double standard when elementary age students can be retained
in the current grade for more than 20 absences, and secondary students with more than 10
absences per semester are denied an instruction permit or driver‟s license, and can lose course
credits (CCSD R-5113, 2015); but teachers can take extended time off with no recourse. After
compounding teacher and student absenteeism, school superintendents have real cause for
concern.
25
Table 2 shows a comparison of CCSD employee leave accruals among the various
employee groups including teachers, administrators, and support staff (CCSD/CCEA, 2015;
CCSD/ESEA, 2013; CCSD/CCASAPE; 2013). Similar to teachers, school-based administrators
are given 15 days of sick leave and six days of personal leave, and support staff employees 15
days of sick leave and up to three days of personal leave. Although these staff members do not
directly impact students in the same way as teachers, it can be argued the same “chronically
absent” label should apply when sick leave is used in excess.
Table 2 CCSD Employee Leave Accrual Comparison per Year
26
To make things more complicated, FMLA entitles eligible employees to take unpaid, job-
protected leave for specified family and medical reasons. The law was designed to help balance
workplace demands with the medical needs of employees and their families. Through FMLA, all
school district employees can qualify for either continuous or intermittent leave for up to 60 days
in any one 12-month period (U.S. Dept. of Labor, 2016). Continuous leave is comprised of
contiguous days not broken up by periods of work, and intermittent leave is the use of days or
hours broken down into increments. Nearly seven percent (6.9%) of CCSD teachers and
administrators (1,353 out of 19,651) were approved for FMLA for some part of the 2015-2016
school year, and 97% of them work in schools. The FMLA approval period may have started
during the previous school year and overlapped into the 2015-16 school year
To frame the significance of that statistic, that is an average of 3.8 teachers and/or
administrators per school who might be absent up to 60 days per year. Twenty-eight percent of
that group used 21-40 days and 29.6% used more than 40, totaling 57.6% (779 employees) who
used 21-60 days under FMLA. Similarly, 12.5% of CCSD support staff (1,455 out of 11,639)
were approved for FMLA, and 39% of that group (567 employees) used 21-60 days of FMLA
during the same period (CCSD FMLA Database, 2016). Since the majority of support staff either
work in schools or in services that directly impact schools, this means that for any continuous or
intermittent period of time, hundreds of workers impacting schools can be absent on any day. As
a final note, 34% of teachers and administrators and 66% of support staff were approved for
intermittent FMLA. Table 3 summarizes FMLA usage among CCSD employees from the 2015-
16 school year.
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Table 3
Summary of FMLA Usage Among CCSD Employees for the 2013-14 School Year
Subgroup
Percent of
Employees
Approved for
FMLA
21-40
Days Used
(Percent of
Approved Group)
41 or More
Days Used
(Percent of
Approved Group)
Percent of
Employees
Approved for
Intermittent FMLA
Teachers/
Administrators
6.9%
28%
29.6%
34%
Support Staff
12.5%
19.5%
19.5%
66%
On a national scale, at any given time 10.7% of the U.S. workforce is out on FMLA leave,
with 63.6% on continuous and 34.9% on intermittent leave, and with an average duration of 14.2
days (Schappel, 2015). Intermittent FMLA is more problematic as employees can take sick leave
at any time without having to give a reason (Ron Mader, Director of Compliance and Monitoring,
Personal Interview, April 6, 2016). There is little doubt that FMLA is a helpful resource for those
times when extended time off is needed for legitimate reasons as in maternity leave, surgery
recovery, or caring for elderly parents. But public and private sector employers have shared
similar experiences with less honest employees who abuse FMLA for their own personal reasons.
In 2014, a top administrator in the Illinois Department of Natural Resources was caught
bass fishing while on FMLA leave. Other employees were found working a second job, working
around the house, running errands including shopping, engaging in social or recreational
activities, or sneaking off on pleasure trips (Connell, 2014). Verizon fired an employee after
obtaining video evidence of the employee driving, spending 30 minutes at the gym, renting videos
28
and then shopping – activities inconsistent with claims of migraines over the two-day span. In
another case, an employee of the Ohio Bell Company with claims of back pain and depression
requested FMLA leave that coincided with the New Year‟s holiday. An investigator was hired
who observed the employee driving around, running errands, shopping in a sporting goods and
department store, and then eating in a coffee shop. He also was observed working in his garage,
bending, lifting and transporting wood trim. In both of these cases, the terminated employees sued
their employers for retaliation claims under the FMLA law (Smith, 2015).
CCSD is not exempt from these types of employee behaviors. Through interviews,
principals have shared similar stories, but unfortunately don‟t have access to the same level of
support or resources as companies like Verizon or Ohio Bell. One CCSD principal shared an
experience of an office employee taking intermittent FMLA for migraine headaches following
long weekends of ATV riding in the Utah Mountains, as discovered by co-workers from
Facebook postings (Anonymous Principal1, Personal Interview, June 28, 2016).
Another principal expressed concerns that an employee who was close to retirement
intentionally got approved for FMLA to use accumulated sick leave because it would have little to
no value upon retiring (Anonymous Principal 2, Personal Interview, June 28, 2016). Since
somewhere between 16% and 22.7% of all leave usage by teachers and administrators staff was
covered by FMLA for some part of the 2015-16 school year, stories like these should be sufficient
impetus to launch a study to figure out why, especially when teachers are contracted to work only
7.18 hours per day for 184 days per year – which equates to 63.5% of a typical 2,080-hour work
year (CCSD Payroll/FMLA Data, 2016). The CCSD FMLA database does not provide sufficient
detail on the types of leave taken under FMLA. The 16% figure includes the use of sick, personal
and vacation leave, while the 22.7% figure is for sick leave only. Since the expectation for FMLA
29
usage is for personal or family sick purposes, the actual figure can be expected to be closer to the
upper end of the range.
To adequately address the concerns of Nevada school district superintendents, it was
determined that an understanding of the relationship between general employee leave usage and
FMLA must be better understood. Department heads from other public and private sector offices
including the City of Henderson, MGM Resorts International, and NV Energy experience similar
problems. They agree the FMLA law is rigid, and directly changing that law to reduce its impact
on any company or organization is not an option.
What can be done, however, is to identify business practices or processes within the
organization that can be strengthened to help hold employees accountable for their leave usage.
Through a case study of CCSD, which constitutes approximately 75% of the Nevada student
population (CCSD Fast Facts, 2015), several areas were identified that if strengthened, could help
address some of the issues associated with leave usage and thereby reduce the impact on schools.
The first is inconsistent practice on the part of the district‟s Compliance and Building Operations
(CBO) and Employee Management Relations (EMR) departments to recognize and discipline
employees who abuse sick leave.
The second is a lack of understanding on the part of managers of the nature and inner
workings of FMLA, including internal policies and procedures for tracking and holding
employees accountable. The third is the lack of an integrated Human Capital Management
(HCM) system to automate processes and provide visibility into leave usage data. The fourth is
the lack of district-wide policies and regulations and school-based programs to incentivize
excellent attendance and penalize excessive leave usage. The fifth is the lack of qualified
substitute assistance to backfill absent school office employees in critical needs positions.
30
If addressed thoughtfully, each of these areas can be strengthened to provide school
leaders the resources and support they need to effectively deal with employees who abuse their
sick leave, reward those who do not, and reduce the impact of absenteeism in their classrooms.
More detailed explanations and recommended solutions for each area are provided in the
following sections.
Enforcing the Rules
The greatest challenges facing the CCSD CBO and EMR departments in monitoring and
enforcing leave abuse, specifically with FMLA leave, are rooted in rigid laws, past experiences of
employee conflicts, or lack of resources. In some ways, the district‟s hands are tied as when
employees are out on FMLA, managers cannot ask why they are out unless there is an emergency;
otherwise the employee can file a harassment complaint (U.S. Department of Labor, 2016).
Another example is the district‟s inability to reduce the number of FMLA approvals as medical
practitioners providing certifications are now profiting by charging to complete the forms. While
the laws cannot be easily changed, districts can take actions to more directly affect the impacts of
those laws on leave and FMLA leave usage.
Like the Verizon and Ohio Bell examples, one action is to enforce current laws, policies
and regulations and provide school administrators the support they need to deal with trouble
employees, rather than practices that err on the side of conflict avoidance. Another is applying the
surveillance approach, either directly or through what co-workers observe in social media or other
sources to collect evidence of leave abuse (Smith, 2015). Actions like these will require additional
resources, but the cost of doing nothing is much higher in terms of lost academic gains for
students, or even worse, the creation of a culture that rewards those who are least concerned about
what is doing best for students.
31
Understanding and Tracking Leave Usage
The business processes and systems CCSD uses to support FMLA processes are manual
and paper intensive. Employees must apply for FMLA leave through the CBO office on a paper
form. Because there is a compliance office, Health Insurance Portability and Accountability Act
(HIPAA) law restricts providing information to department supervisors or school principals in
regards to the employees‟ FMLA leave request. The CBO office informs the supervisor of the
request and leave approval. The employee then fills out leave slips, although the supervisor may
only know the date range of approval, not specifics related to frequency or conditions surrounding
the request unless the employee chooses to disclose that information. Employees, not
supervisors, are responsible for submitting their leave slips to the CBO office for tracking
cumulative days and hours.
Reports are emailed later to their work locations detailing what the employee submitted to
the CBO office. The CBO office then submits a report to the supervisor to verify everything was
submitted. This process is very slow, manual and paper-driven, and if the employee does not
follow proper procedures, months can pass before discrepancies are noticed - if they are noticed at
all. Furthermore, managers are unclear on the rules and restrictions surrounding FMLA leave
usage, leaving them unclear throughout the entire process (CCSD FMLA Employee Fact Sheet,
2016).
Since school principals directly experience the bulk of leave usage at their sites, they need
professional development and an “Employee Leave User‟s Guide” so they are better equipped to
hold employees accountable for their leave usage. Additionally, information to employees on the
negative impact of excessive unpaid leave usage on their health and Public Employees Retirement
32
System (PERS) benefits can also help to steer them away from making poor choices with their
leave.
Business Processes and Human Capital Management (HCM) Systems
Improvements in tracking processes can provide responsible administrators greater
visibility into FMLA and the timely information they need to hold their staff accountable for
leave usage. The City of Henderson faced many issues tracking employee leave requests prior to
the implementation of their Human Capital Management (HCM) system, PeopleSoft. The system
helped to streamline processes, making it possible for supervisors to receive timely leave requests.
Once approved, the time off is automatically applied, eliminating the need for manual entry and
paper processes. Automated reports now provide timely feedback to employees, supervisors, and
the benefits office.
As a result, the City has been able to reduce the use and abuse of intermittent FMLA by
providing managers with more information than is currently disclosed in CCSD. For example,
their system reports to supervisors the duration and frequency of approved intermittent leave -
information that is currently not shared with CCSD administrators under any circumstances.
Henderson‟s new HCM system, coupled with a more detailed description of the type of approved
leave, provides sufficient information to help supervisors hold employees accountable for their
FMLA usage (Alysa Neilson, Employee Benefits Coordinator, City of Henderson Human
Resources, Personal Interview, June 26, 2016).
In CCSD, there is no easy way for staff to submit and track leave or FMLA requests, and
because of the aging payroll system and required manual tracking, it is often difficult for
supervisors to determine if the employee has adequate leave available before the request is
approved. Additionally, the paper forms that employees use to submit leave requests do not allow
33
for proper tracking. For example, there is no place on the form to indicate if the requested leave is
under FMLA. Employees have to manually write “FMLA” somewhere on the form, creating the
possibility for them to overlook or avoid the need to report this. Additionally, if an employee
takes more than one leave type per day, the layout of the form does not allow for this to be
entered. Instead, secretaries utilize the existing checkboxes for other days to enter in the
additional codes. All of this creates the possibility for time and attendance tracking and data entry
errors. The CCSD Technology & Information Systems Services (TISS) Division has been trying
to replace a 40+ year-old custom-developed human resources and payroll system since 2004.
The first attempt was put on hold in 2008 due to budget constraints. The project was
reinstated in 2014 as part of the district‟s 2012-2017 Technology Plan (Metiri Group, 2012),
which included the project in response to recommendations from the Gibson Consulting Group‟s
recommendation to “fully implement the HR and Payroll modules of SAP as a high priority in the
district (Gibson, 2011, p. 187). Following another round of severe budget constraints, the project
was cancelled in March, 2016. Automating and integrating leave tracking is another of many
important reasons CCSD leaders must advocate for implementing a modern HCM system as a
high priority.
Incentivizing Good Attendance, Dis-incentivizing the Bad
A survey of 32 CCSD principals was conducted to determine whether they felt
absenteeism and/or FMLA usage was a problem in their buildings. Sixty-nine percent responded
that they had employees with excessive absences and 87% responded that some were on FMLA.
The survey results corroborated the National Center for Teacher Quality and EdWeek research
that absenteeism is significant and impactful in CCSD‟s schools (NCTQ, 2014; Sparks, 2016). A
list of recommended solutions was presented and the administrators were asked to rate which
34
solutions seemed most appealing. Principals ranked the solutions in order of importance as
follows: incentives to use less leave (69.8%), increase accountability for sick leave usage
(59.4%), increased ability to backfill critical needs positions (53.1%), and 46.9% to improve
FMLA tracking. The next two sections address the principals‟ preferences by first identifying the
challenges and then proposing workable solutions.
Because absenteeism has a direct negative impact on student achievement, too much leave
is given to CCSD employees. The excessive leave benefits as detailed in the negotiated
agreements are contradictory to the Board‟s strategic plan as outlined in the district‟s Pledge of
Achievement (CCSD Pledge of Achievement, 2016). Both Clark and Washoe county school
districts offer 15 days of sick leave per year whereas 10 days is the national average in public
education (Whitaker, 2016).
Employees in CCSD can accumulate sick leave without limit, of which teachers can trade
100 days on their 29th
year for one year of retirement service credit – leaving the remaining days
available for use (CCSD/CCEA, 2015). This means a teacher with 20 years in CCSD can accrue
up to 300 days of sick leave, and a teacher with 30 years up to 450. After taking the retirement
credit, teachers can be left with hundreds of days that have no utility or financial value. Teachers
can then use FMLA as a shield to use the leave while at the same time protect themselves from
harassment or retaliation and retain their jobs. Current state statutes, district policies and
regulations, and articles of the negotiated agreements also contribute in part to the problem of sick
leave usage, as illustrated by limitations on a teacher‟s ability to use sick leave. Unlike
administrators and support staff, who are allowed to take sick leave in increments of hours,
teachers are only allowed to take sick leave increment of half- or whole-days. A one-hour doctor
appointment scheduled mid-day requires a teacher to take at least one half-day of sick leave,
35
requiring at least a half-day substitute teacher (NRS 391.180; NRS 288.150; CCSD/CCEA,
2015).
For the 2015-16 school year, CCSD teachers used an average of 7.3 substitutes at a cost
of $655 per teacher for a total cost to CCSD of $11,800,400. If the same amount of leave is given
to all teachers regardless of attendance patterns, unfairness is inherently built into the system, and
those who care and want to be there for their students will be slighted by those who do not.
Incentives and disincentives should be built into the articles of the negotiated agreements to
reward those with excellent attendance, reduce excessive leave abuse, and create a culture where
attendance matters. Attendance incentives and disincentives enforced by school districts in the
2014 NCTQ study include:
Payment for unused sick leave at retirement (also enforced by CCSD)
Payment for unused sick leave at the end of the school year
Rewarding excellent attendance with additional leave or compensation
Restricting leave on specific dates (also enforced by CCSD)
Requiring medical certification for sick leave (partially enforced by CCSD, CCEA)
Requiring a face-to-face meeting with a supervisor upon return to work
Including teacher attendance as a measure in teacher evaluations
Taking attendance data into consideration in employee promotions
Disqualifying an employee from additional sick leave once a sick leave usage
threshold is reached
Although attendance rates do not differ among school districts with or without formal attendance
incentives, there is no evidence from the NCTQ report to indicate if there were attendance gains
comparing pre- and post-implementation attendance rates for each incentive (NCTQ, 2014). With
36
this noted, it is possible to realize positive results with incentives. Other innovative incentives not
mentioned in the report should be considered as follows:
Increase the number of personal leave days and decrease the number of sick leave
days. This provides an incentive to receive more personal leave buy-out at the end of
the year for unused personal leave. The expense is cost neutral as the anticipated
reduced cost for substitute teachers pays for the personal leave payoff at year end if
taken. Table 4 shows a scenario where the total number of sick leave days is reduced
from 15 to 12, and the total number of personal days is increased from five to seven.
Expecting an average decrease of sick leave usage by two days, the cost for paying the
additional two unused personal days at the end of the year is offset by cost savings in
using substitute teachers, resulting in a zero-cost trade-off. The average cost per
teacher per year for substitutes is based on an average of 715 substitutes per day;
18,090 teachers; 184 contract days; and $90/day per substitute.
Table 4
Seven-Day Personal Leave Day Cost-Neutral Scenario
37
Provide teachers with excellent attendance with compensatory time (comp time).
Teachers in CCSD currently receive no comp time, resulting in the half- or whole- day
sick leave issue. By awarding comp time up to eight hours per year, teachers can use
that time in half or whole hour blocks for those occasional appointments or family
engagements. This incentive will have no cost to CCSD as other teachers or site
administrators can cover classes for the short period of time the teacher is out. Usage
can also be limited to before school, during a prep period, or after school, to avoid the
need for classroom coverage.
Pay unused substitute teacher funding to classroom teachers with excellent attendance.
This extra pay incentive serves as a reward for hard work in reducing sick leave usage
and is distributed on a differentiated scale (Anonymous Principal, local charter school,
August 1, 2016). Schools would be given the funding as part of their strategic budgets
and would need to determine how much to allocate for substitute teacher coverage
each school year.
School-based awards/prizes, which can include community participation. For example,
the University of Texas, Austin, gives free tickets to university events to teachers who
meet team attendance goals or improve their students‟ attendance (NCTQ, 2014).
Schools can form contests or competitions among teams to meet attendance goals,
with rewards determined by the School Organizational Team (SOT).
Reduce the amount of sick leave that can be accumulated without limit. Boulder City
Hospital allows paid sick leave to accumulate to a maximum of 860 hours (21.5
weeks) during any given year to cover sicknesses that are longer term, such as
maternity or surgery. The company purchases a short-term disability policy for each
38
employee, which provides them with 60% of their pay for an additional 180 hours (4.5
weeks) if needed above the 860. This policy reduces absences significantly because
the employees don‟t get their full pay beyond the three weeks of paid leave, even
under FMLA (Belinda McGraw, HR Manager Boulder City Hospital, Personal
Interview, July 28, 2016).
Provide administrators and support staff with the option to trade accumulated sick
leave for retirement credit. This provides all district staff with an incentive to save sick
leave in exchange for PERS credit.
Substitutes for Critical Positions
A final solution to help minimize the impact of absenteeism on schools is to provide
trained backfill or substitute positions for support staff that serve in critical roles. For example,
most schools share a Site-Based Technician (SBT), whose role is to provide support for school-
based technologies. If an SBT was approved for intermittent FMLA and consistently missed
work, there would not be a substitute to assist with his or her assigned duties, which can directly
impact computer-based learning activities.
Additionally, there are other critical positions at schools that impact daily operations that
are not eligible to receive substitutes. For instance, a resource room aide is responsible to help the
resource room teacher comply with the allocated minutes of instruction required by the
Individualized Education Plan (IEP). However, when the aide is absent, a substitute is not
provided, even though it means students will not receive their IEP minutes for the day and the
school is out of compliance. Furthermore, some school office personnel, like the elementary
school clerk, are not eligible for substitutes. During busy seasons, such as the beginning of the
39
school year, a clerk on intermittent leave affects student registration which, in turn, can affect a
school‟s funding (by missing some students) and force other office staff to neglect their duties to
cover the high priority work. In order to minimize the impact absenteeism has on schools, special
consideration must be given to provide backfill for crucial positions that help schools conduct
daily business.
Barriers / Challenges / Additional Considerations
The recommendations offered in this study were designed to be attainable within a
reasonable amount of effort and cost. Ideas such as “change the FMLA laws,” or “make it harder
for doctors to grant medical certifications” were not presented as they are not reasonably
attainable. But like all strategic initiatives, addressing the challenges presented by leave usage
does not occur without some barriers or opposition, and deeper understanding of the problem will
require additional research and considerations. For starters, the agreements between the Clark
County School District and the employee associations must be renegotiated to reduce the leave
benefits offered to all employees. The challenge lies mainly in convincing the employee groups to
agree to a reduction in benefits for those they represent because the current practice is not good
for students.
Second, with as much as 23% of CCSD teacher and administrator absences covered by
FMLA and 684 employees using 41 or more days in a year, the district needs to conduct deeper
research into leave behavior by school location to determine why that number is so high. Can it be
possible so many employees need that much time off in one school year? What percentage of this
population is abusing the system because they simply don‟t want to go to work? Are there other
factors creating sufficiently low morale to warrant extensive absences from the workplace? In a
ranking of the top 10 schools for total number of FMLA days used, second ranked is an
40
elementary school with seven staff members whose absences totaled 367 days during the 2015-16
school year. The impact on learning for this type of absenteeism is unimaginable. Some actions to
be taken in attempt to answer these questions can include reviewing feedback from the school‟s
student and teacher surveys, correlating survey feedback with star ratings, correlating FMLA
usage to employee discipline files, and comparing 2015-16 sick leave usage statistics with 2016-
17 data to see if the new CCSD/CCEA teacher contract, which includes a substantial pay increase,
made a difference.
Third, CCSD can (and should) strengthen their surveillance efforts to catch leave abusers
and hold them accountable, but this will come with a cost for additional staff, an expectation of
harassment or retaliation complaints, and potentially some lawsuits (Smith, 2015). Perhaps school
communities, through the newly forming SOTs, can assist in some manner with these efforts to
provide additional resources and drive down costs.
Fourth, as CCSD reorganizes within the requirements of Nevada Assembly Bill 394,
funding directed from central services to schools, combined with a weighted school formula, will
provide additional dollars schools require to realize their operational plans. Rather than expecting
central services to provide critical backfill resources, schools can be empowered (and challenged)
to find the money within their strategic budgets to address that priority (CCSD AB394, 2016).
Additionally, even if schools prioritize their budgets to backfill critical positions, the ability to
find substitutes with adequate training and skills to complete tasks will remain a challenge, as
duties and responsibilities can vary among schools. Rehiring retirees as substitutes is an excellent
option, but CCSD Regulation R-4371 prohibits former employees from being rehired for district
work for a period of one year following their retirement date – a simple change in regulation
41
would have to be supported and approved by the Board of School Trustees (CCSD R-4371,
2012). Another option is to give schools the flexibility to pay support staff responsibility pay.
Fifth, CCSD needs an enterprise HCM system for many reasons beyond leave tracking,
which will come at an expected 5-year cost of approximately $40 million. Concurrent with a new
HCM system implementation and improvements to business processes will come the need for
change management, as employees are (by nature) resistant to change (Kotter, 1996). Sixth,
special FMLA rules applicable to employees of local education agencies must be researched to
determine if additional options exist to address absenteeism issues. For example, section 825.601
applies limitations to intermittent leave; section 825.602 applies limitations on leave near the end
of an academic term; section 825.603 applies limitations to the duration of FMLA leave; and
section 825.604 refines the definition of “restoration to an equivalent position.” (U.S. Department
of Education, Subsection F, 2016).
As district leaders continue to fine tune their strategies to increase student achievement,
consideration must be given to the impact absenteeism has on schools. Students need their
teachers in classrooms as much as they need to be in those classrooms themselves. The employees
who want to be at school must be rewarded and valued more than those who do not. And the
morale of those who use leave appropriately must not be diminished by those who take advantage
of FMLA laws and abuse the leave intended to serve them in times of real need. Contracts can be
changed to more appropriately establish win-win leave scenarios to benefit employees and
students. Much can be done at little to no cost to districts, but some actions, like a new HCM
system, must be implemented to build a strong foundation for improvements to business
processes and quality of service. In the end, district employees are here to serve the students,
therefore work attendance should be promoted and valued as equally important as other factors
42
like remediation or food service to increase student achievement. Perfect attenders are not
possible in all cases, but with some effort and thoughtful attention to current practices, better
attenders can be created, which in turn will create better results.
43
References
CCSD AB394 Web Site, 2016. CCSD Reorganization, Nevada Assembly Bill 394 (2015),
Introduction and Summary. Retrieved from http://ab394.ccsd.net/wp-
content/uploads/2016/09/AB-394-Introduction-and-Summary-Presentation.pdf.
CCSD/CCASAPE, 2013. Negotiated Agreement between the Clark County School District
(CCSD) and the Clark County Association of School Administrators and Professional-
Technical Employees (CCASAPE), 2013-2015. Retrieved from
http://ccsd.net/employees/resources/pdf/ccasape_agreement.pdf.
CCSD/CCEA, 2015. Negotiated Agreement between the Clark County School District (CCSD)
and the Clark County Education Association (CCEA), 2015-2017. Retrieved from
http://ccsd.net/employees/resources/pdf/ccea_agreement.pdf.
CCSD/ESEA, 2013. Negotiated Agreement between the Clark County School District (CCSD)
and the Education Support Employees Association (ESEA), 2013-2015. Retrieved from
http://ccsd.net/employees/resources/pdf/esea_agreement.pdf.
CCSD Employee Fact Sheet, Family and Medical Leave Act, 2016.
CCSD Fast Facts, 2015-16. Retrieved from http://static.ccsd.net/ccsd/content/media-files/fast-
facts-2015-16.pdf.
CCSD FMLA Database, 2016. Human Resources Division; Technology & Information Systems
Division.
44
CCSD Payroll/FMLA Data, 2016. CCSD Human Resources Division; Technology & Information
Systems Division.
CCSD Pledge of Achievement Web Site, 2016. Strategic Plan of the CCSD Pledge of
Achievement. Retrieved from http://pledgeofachievement.ccsd.net/strategic-plan/.
CCSD Regulation R-4371, May 2012. Retrieved from
http://policies.ccsdonline.net/search/?q=4371&q=&num=20.
CSD Regulation R-5113, ATTENDANCE ENFORCEMENT, February 2012. Retrieved from
http://policies.ccsdonline.net/search/?q=5113&q=&num=20.
Connell, D. S. (2014, March 31). Fighting FMLA Abuse. Human Resources Executive Online.
Retrieved from http://www.hreonline.com/HRE/view/story.jhtml?id=534356909. Gibson
Consulting. (2011). Educational and Operational Efficiency Study of the Clark County
School District. Gibson Consulting Group.
Kotter, J. P. (1996). Leading Change. Harvard Business School Press.
Metiri Group. (2012, October). CCSD Technology Plan 2012-2017: Learning, Technology, and
our Children’s futures. Retrieved from http://ccsd.net/resources/technology-information-
systems-services/ccsd-tech-plan-2012.pdf.
Morton, N. (2016, July 9). Clark County District Teachers Miss More Classes than Teachers
across Nevada, U.S. Las Vegas Review-Journal.
45
NCTQ. (2014). Roll Call: The Importance of Teacher Attendance. National Center for Teacher
Quality. Retrieved from http://www.nctq.org/dmsView/RollCall_TeacherAttendance.
Nevada Revised Statutes (NRS) 391.180, 288.150; https://www.leg.state.nv.us/nrs/NRS-
391.html; https://www.leg.state.nv.us/nrs/NRS-288.html
O‟Connor, K. (2009). No substitute left Behind. Principal Magazine, National Association of
Elementary School Principals, 6(4). Retrieved from
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Schappel, C. (2015). Wait … there are how many people on FMLA leave? HRMorning.com,
September 30, 2015. Retrieved from http://www.hrmorning.com/wait-there-are-how-
many-people-on-fmla-leave/.
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law/pages/fmla-abuse.aspx.
Sparks, S. (2016, June 27). 1 in 4 teachers miss 10 or more school days, analysis finds. Education
Week Research Center. Retrieved from http://www.edweek.org/ew/articles/2016/06/27/1-
in-4-teachers-miss-10-or.html?qs=teacher+absenteeism
U.S. Department of Education. (2014, March). Chronic Abseentism in the Nation’s Schools.
Retrieved from http://www2.ed.gov/datastory/chronicabsenteeism.html.
46
U.S. Department of Labor. (2016). Guidelines for Implementing The Policy to Prevent Harassing
Conduct in the Workplace. Retrieved from https://www.dol.gov/oasam/programs/crc/crc-
internal/CRC-Guidelines-to-Implement.htm
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report-f/
47
Section 504 Plans: Do They Serve Students Well
By
Tiffany McMaster
Frank Selvaggio
Submitted in partial fulfillment of the requirements for the
Capstone Project for The Public Education Foundation‟s Executive Leadership Academy
October 2016
48
Abstract
Section 504 Plans: Do They serve Students Well?
Across the country students in special education have significantly lower high school
graduation rates than their more typical peers in general education. This, however, is not the case
when it comes to students with disabilities who are served under Section 504 of the Rehabilitation
Act of 1973. This study will investigate current service delivery models in both special education
and Section 504. The intent of this proposal is to assist in bringing awareness of the discrepancy,
propose a plan for educating staff and families, and clarify special education and Section 504
eligibility requirements and how they provide access to accommodations and related services.
49
One critical difference in the service delivery model for students served with a Section
504 involves inclusive practices. These students are exposed to the general education curriculum
100 percent of the school day. Conversely, students on an Individualized Education Plan (IEP)
often receive specially designed instruction within a Special Education setting for a portion of
their schedule apart from their peers in general education classes. This proposal suggests that
some students with mild to moderate disabilities in early grades, specifically health impairments
and learning disabilities, could be better served with a Section 504 plan in the general education
environment, thereby putting them on track to graduate with a standard, advanced, or honors high
school diploma.
Another important difference between the two service delivery models is that they relate
to high expectations and mindset. By placing students receiving services with a Section 504 Plan
in the general education environment, they are on the path toward career and college readiness.
Although data will show the discrepancy between graduation rates of students who receive
Special Education services versus those who receive Section 504 services, this proposal will not
address the need to improve graduation rates for special education students. Rather, it focuses on
providing the best educational opportunities possible for students by better utilizing Section 504.
The intent of this proposal is to assist in bringing awareness around the discrepancy, propose a
plan for educating staff and families, and clarify special education and Section 504 eligibility
requirements and how they provide access to accommodations and related services.
A middle school cohort analysis was conducted using three sample WCSD middle schools
that serve students from varying socio economic (SES) backgrounds. Findings suggest that
disproportionate over-identification for special education occurs in early grades (prior to third
grade), particularly among boys and students who are English Language Learners. Early
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interventions that utilize a Section 504 Plan could not only help prevent over identification; these
interventions could also provide students with needed early supports that would allow for access
to the general education curriculum and support academic growth with the help of
accommodations and/or related services.
Seventy-four percent of students that qualified for special education between kindergarten
and third grade were boys. In addition, 34% of the students qualifying for special education
services under the category of health impairment or learning disability were also English
Language Learners (ELL) or had recently exited ELL status. This is over double the percentage
of students who are ELL within the overall district population (16%) across grade levels k-3.
Considering that research suggests boys in general acquire academic and social skills later then
girls (Loveless, 2015). Is it possible school teams may be qualifying ELL students, and boys with
a disability, when what is actually occurring is a natural maturation process?
Lastly, servicing students with mild to moderate disabilities with an IEP is resulting in a
drain on Special Education resources. Many of these students who could benefit academically
and socially from more inclusive general education settings are being regularly assessed,
monitored, and provided with instruction from a Special Education Case Manager. However, this
unnecessary drain on special education resources is burdening teachers with larger caseloads,
drawing away from services that could be provided to more highly impacted students, and
contributing to a shortage in available highly qualified Special Education teachers.
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Can Section 504 Plans be used to better serve students with learning and health disabilities?
Federal laws have been established to provide a foundation for how we educate students
with disabilities in the United States. The broadest of these laws is the Americans with
Disabilities Act (ADA). ADA is a civil rights law that protects individuals with disabilities from
discrimination; however, there are no federal funds associated with this Act. The Individuals with
Disabilities Education Act (IDEA) provides a small percentage of federal funds to states and local
districts to support the additional costs associated with special education. The lack of promised
federal funding from the federal government forces Local Education Agencies to contribute the
vast majority of funding from their General Fund accounts to make up shortfalls. IDEA provides
special education and related services to children with disabilities who are 3-21 years old.
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against people with
disabilities in schools and allows individuals with physical or mental impairments that
substantially restrict one or more major life activities to receive services under Section 504. This
is another law that does not provide federal funds, however it does permit withdrawal of funds
from programs that fail to comply with the law. Some schools use Section 504 to support
students with Learning Disabilities (LD) needing only reasonable accommodations or
modifications (National Center for Learning Disabilities, p.5-6).
In the Washoe County School District, the question of whether or not a student identified
with a learning disability would be better served on a Section 504 plan versus an IEP is rarely
discussed. A student may meet the criteria for a learning disability but this does not mean he/she
would require specially designed instruction in special education. In an unpublished
memorandum opinion, a U.S. Court of Appeals for the Ninth Circuit three-judge panel ruled that
a student with autism was not eligible for special education services under the IDEA because
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when considering academic and social factors, the hearing officer rightly decided the student did
not meet the criteria for special education identification (2015). These same rules apply to all
disability categories under IDEA.
If students (especially boys and students that are ELL) in early grades meet the criteria for
a learning disability, it is the conclusion of the writers they would be better served on a Section
504 plan so they can be given the opportunity to mature and stay with grade level peers. For such
a proposal to work, it is essential general education teachers be better trained on how to
effectively work with students with learning deficits as well as for them to be educated regarding
the maturation process with boys and ELL students and its impact on their learning and behavior.
Texas currently has a procedure in place when considering whether a student meets criteria for
dyslexia, Section 504 must be considered along with an IEP (Texas Education Agency, 2014).
The writers also recommend the same process when students are being considered for a
health related disability like ADHD in early grades, especially for young boys that are considered
to have behavior problems or other social-emotional concerns.
The difference between ADA, IEP and Section 504 is described below to provide a better
understanding of how each of these laws function an options for individuals have.
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Comparing Section 504, IDEA and ADA
Law Specifics
The Rehabilitation
Act of 1973
The Individuals with
Disabilities Education
Improvement Act
(2004)
Americans With
Disabilities Act of 1990
(ADA)
Funding State and Local
Responsibility
(No Federal funding)
State, Local and
Federal
Public and Private
Responsibility
(No Federal Funding)
Service Plan Section 504
Accommodations and
Service Plan
Individualized
Education Program
Reasonable
Accommodations and
Legal Employment
Practices
Purpose A broad civil rights
law which protects
the rights of
individuals with
disabilities to access
programs and
activities from
institutions that
receive Federal
financial assistance
from the U. S.
Department of
Education
A Federally funded
statute whose
purpose is to provide
financial aid to states
in their efforts to
ensure adequate and
appropriate services
for students with
disabilities
To provide a clear and
comprehensive national
mandate for the
elimination of
discrimination against
individuals with
disabilities
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Population Students that meet
the criteria of a
qualified person(s)
with a disability (has
or has had a physical
or mental impairment
which substantially
limits a major life
activity, or is
regarded as disabled
by others
A student that meets
the qualification
conditions of the 13
disabling conditions
under IDEA
Individuals that meet the
definition of a qualified
person(s) with
disabilities (has or has
had a physical or mental
impairment which
substantially limits a
major life activity, or is
regarded as disabled by
others
Free
Appropriate
Public
Education
(FAPE)
Requires a provision
of a Free Appropriate
Public Education to
students covered
under Section 504,
including individually
designed instruction
Requires a provision
of Free Appropriate
Public Education
under IDEA,
including specially
designed instruction
to meet individual
needs
Addresses concerns in
terms of accessibility
requirements
Law Specifics
The Rehabilitation Act
of 1973
The Individuals
with Disabilities
Education
Improvement Act
(2004)
Americans With
Disabilities Act of 1990
(ADA)
Free
Appropriate
Public
Education
(FAPE), cont.
Requires a written
Section 504
Accommodation Plan
that allows student(s)
to effectively access
general education
Requires WCSD to
provide an IEP that
results in
educational access
and benefit,
including but not
limited to specially
designed instruction
Requires private and
public entities not to use
employment practices
that discriminate on the
basis of a disability
Special
Education vs.
General
A student is eligible so
long as he/she meets
the Section 504
definition of a qualified
A student is only
eligible to receive
special education
services if the multi-
A person is eligible so
long as he/she meets A
student is eligible so
long as he/she meets
55
Education person with a
disability
disciplinary team
determines that the
students is disabled
under one of the
thirteen qualifying
conditions under
IDEA
the Section 504
definition of a qualified
person with a disability
definition of a qualified
person with a disability
Accessibility Student has a plan
that allows for
program and building
access through
identified
accommodations
within the general
education
environment
Requires that
modifications as
well as
accommodations
must be made for
the student(s) to
receive a free and
appropriate public
education
Requires public and
private buildings and
programs be accessible
to individuals with
disabilities
Placement Notice should be
given. A meeting is
not required for
change of placement
Notice must be
given to parents and
an IEP conducted
before any change
of placement
Public notice is required
of all school agencies
regarding students,
parents, and employee
rights under ADA
Access to
Related
Services
While not specified in
Section 504, related
services must be
provided under if
student(s) are not on
an IEP and such
services are
necessary for student
to access a Free
Appropriate Public
education
Related services
must be provided if
IEP team
determines such
support is
necessary for
accessing a Free
Appropriate Public
Education
Requires appropriate
supports and services be
provided to individuals
with disabilities
56
National statistics show that “Sixty-eight percent of students with LD leave high school
with regular diplomas while 19 percent drop out and 12 percent receive a certificate of
completion” (National Center for Learning Disabilities, 2014). Cohort graduation rates in
Washoe County School District (WCSD) are substantially lower than national rates. In 2015, 29
percent of students with an IEP graduated within 4 years. In WCSD there is an almost 50 percent
discrepancy in the graduation rates of students receiving Special Education supports compared to
78 percent of students on a Section 504 plan in 2015.
It is important to note that not all national graduation rates are created equal. Dr. Laura
Davidson, Director of Research and Evaluation for the Washoe County School District, (L.
Davidson, personal communication, September 28, 2016). stated it is important to note that
although the cohort graduation rate is calculated consistently across states, some states require
different graduation criteria. For instance, in Nevada, students are required to complete four high
school proficiency exams (End of Course Exams), whereas in other states students may not be
required to complete any exams. Different courses in Nevada count towards graduation whereas
they may not in other states, and high schools in WCSD might have different credit requirements
than other states (maybe foreign language or PE). The State of Nevada requires that students take
the ACT, other states do not. Some states allow LEAs to set additional requirements beyond what
the state requires, etc. So, while we calculate the cohort graduation rate the same in every state,
graduation requirements vary substantially across the country (L. Davidson, personal
communication, September 28, 2016). Regardless of these important facts WCSD still must
improve its graduation rates for students in special education.
57
Problem
WCSD services a higher percentage of students on an IEP than Clark County School
District (CCSD) and the State of Nevada. During the 2014-2015 school year 8217 students (or
13.18 percent) were provided with special education services in WCSD. The WCSD is over
identifying students for Special Education services. The goal of exploring this topic would be to
prevent over identification of special education students and reduce the percentage of students on
an IEP to better align with our state average of 11.83 percent and in turn improve the quality of
services provided. Over 50 percent of these students who qualify for special education are either
categorized with a specific learning disability or with health impairments.
In mid-July the Reno Gazette-Journal (RGJ) began an investigative report on the state of
special education in WCSD. This has brought about awareness of how WCSD educates special
education students and emphasized the discrepancy between graduation rates for special
education students and their general education peers. As shared by RGJ, “WCSD is only
graduating 29 percent of its special education students. Many of the students who do not graduate
are given adjusted diplomas that place a barrier to college and military access” (Duggan, 2016).
13.18%11.63% 11.83%
13.00%
10.00%
15.00%
WCSD CCSD Nevada Nationally
Percent of Public Education Students on an IEP 2014-2015
Percent
58
By serving higher functioning students (with learning disabilities and health impairments),
through the Section 504 process, rather than and IEP, we believe we can free up Special
Education resources could be re-allocated and better meet the needs of our students. In no
scenario is a 29 percent graduation rate acceptable for special education students in Washoe
County School District.
Learning Disabilities is the largest category of students receiving special education
services (42 percent) followed by Other Health Impairments (13 percent) (National Center for
Learning Disabilities, 2013). Currently, a majority of these students are provided services through
Special Education. This represents over half of the total special education population we service.
In 2015, WCSD had 955 students who had a Section 504 Plan. This is 1.49 percent of the total
WCSD population. The graph below shows that WCSD is currently utilizing Section 504 to
services our students at a rate higher than the national statistics but the conclusion is many more
could be served if effective strategies were put in place. Nationally, 1.02 percent of public school
students receive services under Section 504 (Zirkel, and Weathers, 2016). Although increasing
the percentage of students on a Section 504 Plan would bring WCSD well above the national
average, it would help reduce the number of students on an IEP and better align WCSD with the
state IEP average of 11.83%.
1.49% 1.02%
0.00%
2.00%
WCSD Nationally
Percent of Public Education Students on a Section 504
Percent
59
Evaluation of Students receiving Special Education and Section 504 supports
WCSD has seen an increase in graduation rates over the past several years. In 2015,
WCSD saw a 75 percent graduation rate, the highest rate ever reached by our district. The authors
worked with WCSD Chief Accountability Officer, Ben Hayes, to investigate the graduation rates
for students on a 504 Plan. His findings show that students on a Section 504 plan have a higher
graduation percentage than the district wide graduation rate for all students (personal
communication, June 16, 2016).
These results caused us to look closer at the services provided to Section 504 students,
versus Special Education students. “A student identified only under Section 504 would not be
entitled to resource room services funded under IDEA. However, students are entitled to receive
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special services in the form of accommodations and related services in the general education
setting.” (Reid & Katsiyannis, p. 47)
Middle School Cohort Analysis
“Research shows that ninth grade is a critical year, and for those who eventually drop out,
this process begins in middle school” (Goodman, J., Hazelkorn, J., Bucholz, J., Duffy, M., and
Kitta, Y. 2016). This led to an investigation on how students placed in special education in
grades kindergarten through third grade fared as they entered sixth grade.
To better understand the profile of students that were qualifying for special education in
grades kindergarten through third grade and remained on an IEP entering sixth grade, a
comparison study was conducted using three sample middle schools in WCSD. These schools
were specifically targeted because of the difference in the socio-economic status (SES) of the
students that attend these schools. Depoali Middle School is considered a high SES school,
Clayton Middle School is a middle SES school, and Traner Middle School is a low SES school.
When compared to district demographics, two specific populations were identified as
having percentages disproportionate to the overall district averages. As mentioned previously, of
all students at the three sample middle schools who qualified for special education services under
a health impairment or learning disability, 74 percent (45 out of 61) were male compared to a 50
percent district average. LEP students qualifying for special education services were also
qualifying at alarming rates and this needs to be further researched to determine why this is
occurring.
61
Frank Selvaggio, one of the authors of this paper, previously served as a school
psychologist at one of the schools studied for this paper, Traner Middle School. As he evaluated
students entering middle school in 2005, Mr. Selvaggio regularly came across students that were a
combination of Special Education and ELL. As he reviewed each case, he would often find
students were placed in special education in early grades during a time they had limited access to
the English language. Unfortunately, by the time they entered middle school, most of these
students were far behind in their academics due to not having the correct intervention strategies to
help them get better access to the needed academic vocabulary to be successful in school.
Proposed Solution
Greater Access to the General Education Curriculum
Students with mild to moderate disabilities in early grades who can be successful in the
general education setting with targeted and effective accommodations and/or related services
should be placed on a Section 504 plan, even if they are behind. High school graduation rates for
students with mild to moderate disabilities enrolled in an inclusive setting varied, but for students
with Other Health Impairments and Specific Learning Disabilities showed the most favorable
results with graduation rates between 60% and 70% (Goodman, et, al., 2016). Therefore, the
following three guidelines should be followed to combat over identification of special education
students. Initially, allow time for language acquisition and reading development in early grades
prior to making special education determination. Secondly, students currently on an IEP who do
not need specially designed instruction should be placed on a Section 504 Plan. Lastly, exit
Special Education students in early grades if performance is close to that of general education
peers.
62
Awareness and Education: Staff and Families
With only 955 students in WCSD currently being serviced by a Section 504 Plan, we
propose that bringing about more awareness for staff and parents will be an essential first step.
For teachers and administrators, a professional development plan will need to be developed and
implemented to support all certified staff (general education and special education) in
understanding more about Section 504 and the accommodations and related services that can be
provided within this plan. In addition, more information needs to be provided to elementary
schools regarding research the development of boys compared to girls as well as students that are
English Language Learners. Staff and parents also need to understand that Special Education is
not the only avenue available to provide supports for students with disabilities. Additionally, they
need to be aware of the historical data for Special Education students and the impact on
graduation rates for students who are provided instruction outside of the general education setting.
Educating families is an essential component of this plan. Few families realize that their
child can still receive the accommodations and related services they need under a Section 504
plan. They also may not be aware of the potential impact on high school graduation rates for
students who are not exposed to the general education curriculum. It is essential that a plan for
educating and messaging this information in a parent friendly manner be part of the first steps.
Lastly, there will need to be support for site level Section 504 Case Managers (often the
school counselor) as this will likely result in an increase in Section 504 plans that will need to be
monitored. This could include district-level supports and/or building level supports, depending
upon the volume of increase to the case manager‟s caseload.
63
Budgetary Considerations & Potential Cost Estimates
This proposal is about improving the quality of education for students with learning
disabilities and health impairments, but there are budgetary benefits as well. Working with the
WCSD Finance Department, the cost of educating students in WCSD during the 2015-2016
school year was determined to be $6,719 to educate a general education student. Compare this to
$14,932 to educate a Special Education student. The largest contributing factor in determining
this difference in cost involves the cost of a special education case manager.
It is impossible to determine the exact number of students who could be serviced by a
Section 504 plan. However, if WCSD reduced the numbers of young students with learning
disabilities and health impairments in special education that do not require specially designed
instruction, and placed them on a Section 504 plan, the net savings for a reduction of 500 students
would be $4,106,500. This money could be repurposed to hire reading and/or math specialists
and trained behavior specialists in the early grades as well as better train general education
teachers so students can succeed in general education. In addition, reducing the number of
students on an IEP by 500 would help align WCSD IEP percentages with state averages.
Barriers
There are some clear barriers and potential concerns related to the proposal. First and for
most this is unchartered territory. “School districts are finding fewer children eligible for services
under the Individuals with Disabilities Education Act (IDEA). At the same time Congress has
expanded the number of children who are protected by section 504 of the Rehabilitation Act and
Title II of the Americans with Disabilities Act (ADA). These developments present the largely
unexplored question of what obligations school districts owe children who have disabilities and
64
are protected under section 504 and the ADA, but who are not eligible for services under IDEA”
(Weber, 2010).
An additional budgetary concern is related to Section 504 being an unfunded federal
mandate. Section 504 does permit withdrawal of funds from programs that fail to comply with
the law. The authors suggest further investigation of permissible withdrawal of funds and further
remind stakeholders of the reduction in the cost of providing services due to not needing a special
education case manager.
Another concern is potential misunderstanding or lack of support by staff and/or families.
Historically staff and families have felt as though making a child eligible for Special Education
services under IDEA was the only way to gain access to needed supports. This will require
supporting a shift in mindset for all and emphasizing that accommodations and related services
can still be provided with a Section 504.
Lastly, there are budgetary benefits and potential cost savings for the school district
related to this plan. This is mostly related to the potential reduced need for special education case
managers. This could result in fear related to the potential for reduction in force, however across
the state of Nevada, schools are facing a teaching shortage and special education positions are
hard to fill. This proposal would actually result in bringing some relief to the current teacher
shortage.
Conclusion
If implemented, this proposal could help WCSD better meet the needs of students with
mild to moderate disabilities such as health impairments and learning disabilities. Using the 78
percent graduation rate for students on a Section 504 Plan as a guide, WCSD could improve the
65
quality of education for these students, set them on a path to career and/or college readiness, and
improve the graduation rate for these students.
Further investigation into the special education graduation rates within WCSD is
suggested in order to fully understand the root causes for a 29 percent graduation rate among
special education students. It is further recommended that exploring the over identification of
boys and ELL students for special education services be explored and used to develop a plan for
better meeting the needs of these students outside of a special education or Section 504 plan.
Again, this plan does not address the need to improve the graduation rates for all Special
Education students and it is recognized that this plan could potentially have a negative impact of
Special Education graduation rates, however the benefit of putting these students on a path toward
success is far greater. In fact, with students on a Section 504 reaching a 78 percent graduation
rate in WCSD, we predict this plan will improve the educational outcomes for these students, and
could have a profound positive impact for these students not just academically, but socially as
well.
66
References
Duggan, B. (2016). Failed: The State of Special Education. Reno Gazette Journal. Video link
retrieved from http://www.rgj.com/videos/news/education/2016/07/15/87099264/
Goodman, J., Hazelkorn, J., Bucholz, J., Duffy, M., & Kitta, Y. (2016). Inclusion and Graduation
Rates: What Are the Outcomes? Journal of Disability Policy Studies, 21 (4), 241-252.
Loveless, T. (2015). How Well Are American Students Learning? The 2015 Brown Center
Report on American Education, 3 (4).
National Center for Learning Disabilities. (2014). The State of Learning Disabilities: Third
Edition. Retrieved from http://www.ncld.org/wp-content/uploads/2014/11/2014-State-of-
LD.pdf
Reid R. & Katsiyannis, A. (1995). Attention-deficit/hyperactivity disorder and Section 504.
Remedial & Special Education, 16 (1), 44.
Texas Education Agency. (2014). The Dyslexia Handbook: Procedures concerning dyslexia and
related disorders. Retrieved from
http://www.region10.org/r10website/assets/File/Dyslexia%202014%20Englishwtabs%208
%2014%202014.pdf
United States Court of Appeals for the Ninth Circuit. (2015). D.A. v. Meridian Joint School
District, 14-35081. Retrieved from cases.justiacom/federal/appellate-courts/ca9/14-
35081/14-35081-2015-07-06.pdf?+s=1436212863.
U.S. Department of Education. (1995). The Civil Rights of Students with Hidden Disabilities
Under Section 504 of the Rehabilitation Act of 1973. Retrieved from
http://www2.ed.gov/about/offices/list/ocr/docs/hq5269.html
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Weber, M. (2010). A New Look at Section 504 and the ADA in Special Education Cases.
Retrieved from http://ssrn.com/abstract=1636483
Zirkel, P., LLM, J. and Weathers, J., (2016) K–12 Students Eligible Solely Under Section 504:
Updated National Incidence Data. Journal of Disability Policy Studies, 27 (2), 67–75.
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The Public Education Foundation is a nonprofit organization dedicated to improving public education in Southern Nevada.
4350 S. Maryland Parkway, Las Vegas, NV 89119
(702) 799-1042 FAX (702) 799-5247
thepef.org
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