A publication of the Tennessee Organization of School Superintendents Winter 2006

The 2006 session of the 104th General Assembly was scheduled to conveneat Noon on January 20th, 2006. However, Governor Bredesen has called aspecial session to begin at 11:00 a.m. That means that the special sessionmust be concluded before the regular session can begin. There is some hopethat the special session will last two weeks but a better bet is four weeks.This means that the TOSS Legislative Conference scheduled for March 27-29, 2006 will be very timely.

The special session on ethics might be entertaining if it did not detract fromthe serious business of state government. The Operation Rocky Top scandalof 10 years ago produced the 1995 Cup of Coffee Law, which was supposedto control lobbying. The law was never effective because it had moreloopholes than law. Over 500 people register as lobbyists in Tennessee eachyear but less than 200 make their living lobbying. There are probably lessthan 50 lobbyists with significant influence and almost none of thatinfluence comes from buying drinks or meals for General Assemblymembers. Ethical concerns for the General Assembly are really not causedby the lobbyist, but it seems this session on ethics will concentrate onregulating lobbyists rather than more significant ethical issues.

The regular session will involve some new faces. Representative Sally Lovefrom Reliance, Tennessee will serve on the House Education Committee.She was appointed by the Polk County Commission to replace ChrisNewton who resigned after the bribery sting. Senator Roy Herron ofDresden will take the John Ford’s Chairmanship of the General WelfareCommittee and Ophelia Ford will take John Ford’s Senate seat. The $14.3million renovation of Legislative Plaza is ongoing and the building will bein disarray throughout this session.

The 2006 regular session will have its share of controversial issues but thelooming 2006 elections will be foremost in the minds of most legislators.As the most important education issues materialize, we will try to keep youinformed.

Kip

NATIONALCONFERENCE ON

EDUCATION

The AASA’s AnnualConference will be held in

San Diego, CA on February23-26, 2006. Please make

your reservations, today. Thehotels are almost full. If you

need information, call theTOSS office.

TOSS 2006Calendar

February 23-26AASA NationalConference –San Diego, CA

March 27-29 TOSS Legislative

Conference – Nashville

September 2Back to School

BBQ/Dove Shoot –Jackson

September 24-27Annual Superintendent’sConference – Gatlinburg

November 13TOSS Activities at TSBAConvention - Nashville

Waltzing Again In2006

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The SuperintendentTOSS BOARDOur organization is served by 10 board members elected by regional councils and 5 officers elected by the board. Theseindividuals contribute their time and talent to make our organization an effective advocate for public schools. Pleasethank them for their service and support their efforts. They are:

Officers

President - Tim Fite Secretary – Billie Joe EvansPresident-elect – Lyle Ailshie Treasurer – Richard BarberPast-president – Stan Golden

Directors

Jack Parton Sandy HuskMyles Wilson Jimmy LongLarry Ridings Bob TaylorSouth Central (TBA) George ChapmanJohnny Cordell First (TBA)

Board meetings are held as necessary but are scheduled as follows for 2006:

March 27th – 10 a.m. TOSS Board Room – NashvilleAgenda – General and Legislative Issues

May 16th – 10 a.m. TOSS Board Room – NashvilleAgenda – General and Organizational Budget

June 9th – 10 a.m. TBAAgenda – General and year end actions

Sept. 25th – 12 Noon TBA – Superintendent’s Conference – GatlinburgAgenda – General and Political Issues

Nov. 13th – 12 Noon Opryland (TSBA Convention) Agenda – General and Planning

All board meetings are open meetings and all superintendents/directors are invited to attend. Agenda packets aremailed at least a week before each meeting. Items for the agenda must be received in time to be reviewed by theofficers and executive director. Special/called meetings occur very infrequently.

George Bush’s hallmark education legislation isNCLB with an Adequate Yearly Progressrequirement. Jeb Bush’s hallmark educationlegislation is Florida’s A+ AccountabilitySystem. For 2004-05, 60% of Florida’s schoolsfailed under George’s plan while more than67% of Florida’s schools made an A or B under

Jeb’s plan. What could be done? Jeb hastried to get the \U. S. Department ofEducation to create a “Provisional AdequateProgress” label.

Jeb vs. George

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The SuperintendentComptroller’s Proposal

The Supreme Court ruled last month that parentswho demand better special education programs fortheir children have the burden of proof in thechallenges.

The 6-2 decision, written by retiring Justice SandraDay O’Connor, said that if parents challenge aprogram, they have the burden in an administrativehearing of showing that the program is insufficient.If schools bring a complaint, the burden rests withthem, O’Connor wrote.

The ruling is a loss for a Maryland family thatcontested the special education program designedfor their son with attention deficit hyperactivitydisorder.

The case required the court to interpret theIndividuals with Disabilities Act, which does notspecifically say whether parents or schools havethe burden of proof in disputes. The family’sattorney, William Hurd, unsuccessfully argued thatwhen there are disagreements between schoolsand parents, education officials have better accessto relevant facts and witnesses.

Chief Justice John Roberts had recused himselffrom the case, because attorneys from his old lawfirm represented the school district.

Justice Ruth Barber Ginsburg and Stephen Breyerwrote separate dissents.

Source – PET Newsletter

High Court Rules that the Burden ofProof Falls to Parents

Comptroller John Morgan offered an interesting proposal at a TACIR meeting on December 14th. Heproposed that the State should assume complete responsibility for funding public schools. This proposal wouldrequire the BEP to increase to $6.2 billion, funded by a state property tax and half the local option sales tax.Local governments would still be responsible for funding capital construction. Morgan’s plan would bring stateper pupil spending up to $7,218.

Although Morgan’s proposal would require substantial legislative specification, it does not currently anticipateany loss of local control of public schools. There will be no rush on the part of most politicians to beidentified on either side with regard to Morgan’s proposal but hopefully it will facilitate much neededdiscussion of Tennessee’s convoluted system of education finance.

John Morgan will be a featured speaker at the TOSS Legislative Conference on March 27, 2006.

Uncle Curtis ran a dry-goods store on thesquare in Centreville, Tennessee. He oncesaid to me, “To succeed, all you need to do

is try, one more time than you fail.”

Papa Epp often repeated his two favoritesayings. “You can’t do business with an

empty wagon,” and “Grease all the wheelson your wagon not just the squeaky one.”

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The SuperintendentFederal Funding

The NCLB Act projected a $2.25 billion Federal funding increase for public schools for the coming year, butinstead there will be substantial decreases in federal funding. Technical Education Programs will be cut$221 million. Title V will be cut $100 million. Safe and Drug Free will be cut $87 million. Title I will be cut$28 million and IDEA will be cut $7 million. No Child Left Behind funding is reduced by $750 million. TheHouse approved these cuts 215 to 213 and the Senate approved them in non-recorded voice vote onDecember 21st. The House vote was: 215 yeas, 12 nays and 4 not voting for Republicans – 200 Naysand 2 not voting for Democrats. For the first time in more than 10 years, education funding is in reverse atthe Federal level. Such funding levels continue to demonstrate that Congress has abandoned itscommitment to appropriately fund public schools.

Education Committees

TACIRThe Tennessee Advisory Council on

Intergovernmental Relations published a “StaffEducation Brief” on school system consolidation in

November. We received it by mail in the TOSSoffice on December 21, 2005. It is a fifteen page

document authored by Ed Young and Harry Green.All superintendents should review this document attheir earliest convenience. You may contact TACIR

at 615-741-3012 or e-mail: tacir@state.tn.us.

AYP 2005When compared to other states, Tennesseeranks near the bottom in support of public

education. However, Tennessee’s publiceducators take these very limited resourcesand utilize them very efficiently. Ninety-three Percent (93%) of Tennessee’s schoolsmade Adequate Yearly Progress, as defined

by the U.S. Department of Education(NCLB). Only two other states had a

higher percentage of schools making AYP.

Those members of the General Assembly who have the most direct influence on public schools are the membersof the Education Committees. If any committee member is from your district, you have a special opportunity tobe an advocate for our cause. Please get to know your Senators and Representatives, especially if they areeducation committee members.

Education Committee Members:

SENATEJamie Woodson, Chair; Don McCleary, Vice Chair;Jim Tracy, Secretary

Jim Bryson, Charlotte Burks, Rusty Crowe, WardCrutchfield, Steve Cohen, Bill Ketron

HOUSELes Winningham, Chair; Tommie Brown, Vice Chair:Joe Towns, Secretary

Harry Brooks, Barbara Cooper, Steve Godsey, DoloresGresham, Beth Harwell , John Hood, Ulysses Jones, Jr.,Sally Love, Mark Maddox, Gerald McCormick, Richard Montgomery, Eric Swafford