2011 Summer Alabama School Boards Magazine

52222-1 AASB_Alabama School Boards 6/22/11 1:35 PM Page 1

1BOBA PO Sch resp imp eve

1


FEATURES4 LET AASB HELP

YOU FIND YOURNEXT LEADERSchool boards looking for a new superintendent now have a new tool at their disposal: the Alabama Association ofSchool Boards’ comprehensive superintendent search service.

6 CELEBRATING AND SUPPORTING TEACHINGEXCELLENCEDr. Gay Barnes, 2011-2012 Alabama Teacherof the Year, explores teacher excellence.

7 CLOSE GLOBAL ACHIEVEMENT GAP FORAMERICAN STUDENTS IN MATH AND SCIENCEMarla Hines, Alabama’s Secondary Teacherof the Year, examines why in global competition American students are beingoutperformed in math and science.

10 COMMIT TO THE HEALTHIERUS KIDSCHALLENGE Educators are participating in the UnitedStates Department of Agriculture’s Health-ierUS Kids Challenge to create a healthierenvironment for Alabama’s schoolchildren.

12 NURSES BRIGHTEN THE FUTURE FOR FIRST-TIME MOMS AND THEIRCHILDRENThe Nurse-Family Partnership is a unique,evidence-based community health programthat was developed to transform the lives oflow-income mothers and their children.

14 PARTNERSHIP WITH PEDIATRICIANS INSPIRESEARLY READING America’s early education system is in crisis.The problem is big. The solution, however,begins with something small — reading.

IN EVERY ISSUE13 CALENDAR

34 AT THE TABLE

ON THE COVER:artwork ©istockPhoto.com and J. Durham;illustrations by Kevin Van Hyning

OFFICERSPRESIDENT

Florence BellamyPhenix City

PRESIDENT-ELECTSteve FosterLowndes CountyVICE PRESIDENT

Katy Smith CampbellMacon County

STAFFEXECUTIVE DIRECTOR

Sally Brewer Howell, J.D.CHIEF OPERATING OFFICERKen Roberts, C.P.A.

DIRECTOR OF PUBLIC RELATIONSDenise L. Berkhalter

DIRECTOR OF GOVERNMENTAL RELATIONSLissa Astilla Tucker

DIRECTOR OF BOARD DEVELOPMENTSusan Salter

MEETING/MARKETING COORDINATORAngela Ing

MEMBERSHIP COORDINATORDebora Hendricks

EXECUTIVE ASSISTANTTammy Wright

BOOKKEEPERKay Shaw

STAFF ASSISTANTLashana Summerlin

ADMINISTRATIVE ASSISTANTSNia Glaze

Donna Norris

CLERICAL ASSISTANTBreyonah Harris

ALABAMA SCHOOL BOARDS EDITORJohn E. Hasselwander

BOARD OF DIRECTORSDISTRICT 1

Stephanie WalkerBrewton

DISTRICT 2Bill MinorDallas County

DISTRICT 3Roxie Kitchens

Troy

DISTRICT 4Charlotte MeadowsMontgomery County

DISTRICT 5Kim Webb BenosVestavia Hills

DISTRICT 6Larry B. StewartCalhoun County

DISTRICT 7Tracey EstesWinfield

DISTRICT 8Pam DoyleMuscle Shoals

DISTRICT 9Dr. Jennie Robinson

Huntsville

Alabama School Boards • Summer 2011 3

PUBLICATION POLICYAlabama School Boards is published by theAlabama Association of School Boards as aservice to its members. The articles publishedin each issue represent the ideas or beliefs ofthe writers and are not necessarily the viewsof the Alabama Association of School Boards.Subscriptions sent to members of schoolboards are included in membership dues.Complimentary copies are available uponrequest to public school principals through-out the state. Additional annual subscriptionscan be obtained for $30 by contacting AASB.

Entered as third-class mail at Montgomery, AL. Permit No. 34.

Alabama School Boards is designed by J. Durham Design, L.L.C., Montgomery, AL.

Address all editorial and advertising inquiries to: Alabama School Boards, Editor, P.O. Drawer 230488, Montgomery, AL36123-0488. Phone: 334/277-9700 ore-mail [email protected].

InsideInside16BOARDMANSHIPBASICS: AVOID POLICY PITFALLSSchool boards’ policymaking responsibilities are more important today than ever before.

16

SUMMERVol. 32, No. 2

www.AlabamaSchoolBoards.org

19STUDENTS FIRST ACT OF 2011 20 Executive Director’s Perspective:

A Victory for Students21 Yes Votes for the Students First Act21 Education Heroes: In Their Own Words22 Students First Act of 2011: A Victory for Education26 Face to Face: Mary Scott Hunter31 Contacts Make Things Happen32 Education & the Law:

Students First Act Frees Boards

19

OUR MISSION:To develop excellent school board leadersthrough quality training,advocacy and services.


aunched this spring, Superintendent|Finder offersmember boards a full menu of superintendentsearch services from assistance developing the

search criteria through recruiting and screening candi-dates at the state, regional or national level. The servicealso includes a fully customizable community engage-ment package that enables the school board to involveand energize stakeholders without ceding control of theprocess.

“Having worked with school boards throughout thestate for more than 50 years, AASB is uniquely qualifiedto understand their needs,” said AASB Executive Direc-tor Sally Howell. “We have designed Superintendent|Finder to be community friendly, while still giving boardsmaximum flexibility and control of the process.”

Because AASB and its search consultants perform thelegwork associated with the search, the board is freed upto concentrate on the most critical steps in the process:setting the criteria, interviewing the most qualified candi-dates and selecting the next superintendent. Superintendent|Finder officially began operations this

spring. To date, both the Huntsville and Tuscaloosa cityboards of education already have used the communityengagement services as part of their searches for a newleader.

“AASB did a great job of identifying the various stake-holders in our community and soliciting their views in an efficient, thorough and thoughtful manner,” saidTusca loosa board member Kelly Horwitz. “The results ofAASB’s community input meetings and survey will be ofimmeasurable assistance in ensuring we find a superin-tendent who meets the needs of our system.”

Dr. Jennie Robinson of the Huntsville Board of Education added that the board was grateful to haveAASB’s help in getting community feedback via anonline survey of the general community and then using focus groups of stakeholders to conduct more in-depth interviews.

“By using the online questionnaire, we believe wewere able to engage more of the community than wewould have with focus groups alone,” she said, addingthat the AASB staff worked with the board to construct

4 Alabama School Boards • Summer 2011

L

By Susan Salter

School boards looking for a new superintendentnow have a new tool at their disposal: the Alabama Association of School Boards’ comprehensive superintendent search service.


the online questionnaire and focus group interview questions that reflected the board’s concerns and key issues facing the community.

“Using this dual approach, we were able to construct a clearprofile of community expectations to help focus our search. Themethodology and analysis were well constructed and deliveredresults that were valid and reliable.”

Though flexible in its design, the community engagementservice generally consists of a customizable online survey as wellas a series of public meetings and/or focus groups, all designedto garner feedback on the traits and experiences the communityand employees think will be important in the next leader andissues or challenges they think he or she will face after takingoffice. In addition, AASB administers a leadership questionnairethat asks the board and meeting participants to rate the impor-tance of more than two dozen key traits of leaders. Results arethen analyzed and compared by demographic groups to give theschool board a more complete assessment of community andemployee desires.

As it did with both Huntsville and Tuscaloosa, AASB can handle the community engagement component of the searcheven when a school board opts to have a private firm conductthe search.

“We’re here to provide whatever piece of the puzzle will bestserve our members,” Howell said.

To ensure a high level of quality, AASB has contracted withsearch consultants: retired Florence Superintendent Dr. KendyBehrends; Auburn Superintendent Dr. Terry Jenkins; retired TroySuperintendent Hank Jones, who also worked as the mentor program coordinator for School Superintendents of Alabama; andDr. James Wright, retired associate dean of education at AuburnUniversity at Montgomery and a former leadership and manage-ment specialist for the state Department of Education.

“Ultimately, the quality of the service we provide is directlytied to the strength of our team. This is an incredibly talentedgroup of highly respected education leaders – all with strong Ala-bama ties. They know our state. They know how to work effec-tively with the school board and how important that is to the

long-term health of the system. And they comefrom a variety of backgrounds and experiences,”Howell said. n


Superintendent|Findercan be customized to meet your school board’s needs. Prices generally range from $6,000 for a basic regional search to $12,000 for a national search. To learn more about the three-tierservice, call AASB Director of Board Development Susan Salter at 800/562-0601 or [email protected].

PLAN 1• Advertise and assist the board regarding the search process.• Conduct electronic survey on expected characteristics of

new superintendent (optional).• Publish descriptive brochure. • Distribute brochure to the following:

- Each school system in Alabama - School Superintendents of Alabama (online posting)- Alabama colleges/universities with teacher training programs - State school boards associations in the Southern Region

• Advertise vacancy via AASB website.• Receive credentials from candidates.• Notify candidates if their application packet is incomplete.• Respond to inquiries regarding the vacancy. • Conduct checks of credentials and references. • Schedule interview dates with finalists. • Notify candidates who were not selected as finalists. • Provide interview guide for boards.• Facilitate, within 90 days of the superintendent taking office,

a discussion of board/system goals and the method that will be used to evaluate the superintendent.

PLAN 2• Provide all services listed in Plan 1.• Conduct up to six meetings with constituent groups.• Present analysis of community feedback during board meeting

or work session.• Facilitate board meeting or work session to finalize

Leadership Profile and requirements.

PLAN 3• Provide all services listed in Plans 1 and 2.• Advertise position in these additional locations:

- Education Week- SchoolSpring.com- AASA website- State school boards associations nationwide- National Association of Superintendent Searchers

• Facilitate board meeting or work session to develop candidate interview questions.

Susan Salter is AASB’s director of board development. For more information, contact Susan at 800/562-0601 or [email protected].

“AASB did a great job of identifying the various stakeholders in our community andsoliciting their views in an efficient, thoroughand thoughtful manner.”

— Kelly Horwitz, Tuscaloosa City School Board



ecently, a movie titled “Waiting for Superman” wasreleased and garnered much media attention. This moviewas quick to bring to light all things wrong with public

education and public school educators. Here is the good news. We don’t have to wait for Superman.

Superman is alive and well and can be found teaching everyday at a school near you. I know because I am graced to workand learn beside these amazing superheroes. I am a proudmember of this most noble and important profession.

These superheroes can be found everywhere. They are themen and women who chose to be teachers because their lifewas altered by a teacher who inspired them to believe in them-selves and be their best. They are the superheroes who ques-tion and challenge policies and practices that are harmful totheir students and students’ learning. These superheroes knowthat teaching is tough, complex work and they do not shyaway from it. Instead, they devote hours to graduate school,collaborating with colleagues and becoming National BoardCertified Teachers, so they can impact student learning in pos-itive and powerful ways.

Superpowers? Superman has nothing on the teachers Iknow. Faster than a speeding bullet? I wonder if Superman hasever tried to teach a math lesson while a 6-year-old child withsensory integration disorder rolls himself up in a rug, wailingloudly in the process? Leaping buildings in a single bound? I wonder if Superman knows current reading theory and howto differentiate instruction to address the needs of all the students in a class? More powerful than a locomotive? I won-der if Superman has ever tried to teach middle school studentsafter one of their classmates was shot to death in the hallwayof their school?

I wonder if Superman understands the complexities andchallenges facing educators teaching in today’s classrooms?Teachers do! The kryptonite to teachers’ powers? Too often,decisions that directly impact educators and students in theclassroom are made without input from or discussions withclassroom teachers themselves. Superintendents and schoolboards must include teachers, who are actively teaching in thetrenches, at all levels of decision making when the results ofthose decisions involve how and what teachers will berequired to teach and ultimately how effectively our studentslearn. Policies that look and sound good on paper often failmiserably when implemented.

Superpowers? In public schools, we teach every child. Poorchildren. Rich children. Children who speak English. Childrenwho do not speak English. Children who are academicallygifted. Children who are academically challenged. Childrenwith brilliant social skills. Children who struggle to engagewith others. We teach them all. In public schools, we turn noone away. Superman is alive and well.

The superheroes I know create a sense of joy in their class-rooms with learning goals that exceed standardized measuresof learning. They understand that academic scores and stan-dards are necessary and important for peo-ple outside the classroom to measuresuccess; however, real teachingsuperheroes know that this isn’tthe most important thing theydo. Helping to mold and pre-pare the future of our world tobe kind, compassionate, smart,loyal and confident teamworkers is a far greaterreward than any score.

Celebrating and Supporting

TEACHING EXCELLENCEBy Dr. Gay Barnes, 2011-2012 Alabama Teacher of the Year

There is ample research that says the single mostimportant factor in a child’s education is the qualityof his or her teacher. According to Dr. Robert Marzano,a leading researcher in education, “Of the in-schoolfactors that affect learning, the quality of teaching isthe most important by far.” Teaching is hard work.It is not work for the timid of heart or weak of mind.

R

Dr. Gay F. Barnes is 2011-2012 Alabama Teacher of the Year and teaches first grade at Horizon Elementary School in the Madison City School System.Photo courtesy of Charles Creel

(Continued on page 8)


y addressing the rigor of content standards and moreeffectively teaching science content and processing skills,Alabama students will be better equipped to compete in

a global economy. That’s what I’ll advocate for as the state’s2011-2012 Alternate Teacher of the Year and SecondaryTeacher of the Year.

As any experienced teacher can attest, students will rise tothe teacher’s level of expectation. In America, however, con-

tent standards are inconsistent in states and,in some cases, from school system to

school system. Content standards for allstudents must be rigorous.

Why? Studies showlow standards andexpectations will leadto low achievement.

Higher expectations lead to higher achievement, even whensocioeconomic factors are no longer a variable, according tothe Third International Mathematics and Science Study. Thatstudy found a huge discrepancy in our country regarding therigor of mathematics courses. If we allow school systems orstates to have lower standards for the students they serve,those students will commonly have a lower level of achieve-ment. To ensure that all students are held to the same stan-dards and given equal opportunity to compete nationally andglobally, the states led an effort to develop Common Core StateStandards for mathematics and English language arts. Alabamahas adopted the standards, as have 41 other states, the Districtof Columbia and the U.S. Virgin Islands. Standards for scienceare being developed. The success of this endeavor will dependgreatly on the method of implementation, but with a true col-laboration of great teachers in our nation, the standards shouldbe a catalyst for a quality examination and improvement of ourexpectations for our students.

The adoption and implementation of the Common CoreState Standards by every state is imperative for our students tobe held to high standards that will lead to higher achievement.Higher achievement in science, technology, engineering andmath in our public education system will equip American stu-dents to choose these STEM fields for college coursework andhopefully lead to a national culture of excellence in these highdemand professions.

Implementing these standards will mean our state courses ofstudy will reflect them. Local boards of education and superin-tendents will evaluate the current courses within their schoolsystems and modify them to align with the new state coursesof study. Successful implementation depends on the adoptionof new teaching methodologies.

The core standards that have already been written greatlyvalue higher-order thinking and processing skills. Teacherswill need to be encouraged to move toward a classroomenvironment and culture that are more conducive to evalua-tion and synthesis of information as opposed to rote memo-rization of facts. The role of a teacher as a dispenser of infor-mation and facts is an antiquated idea that no longer isappropriate for this generation of students. In order to teachthinking skills at a higher level, teachers must be comfort-able as facilitators of student-centered learning. Educators

Close Global Achievement Gapfor American Students in Math and ScienceBy Marla R. Hines, 2011-2012 Secondary Teacher of the Year

In global competition, American students are beingoutperformed in math and science.

Recently released results from the Programme forInternational Student Assessment show only a smallincrease in science and math achievement since 2006.Our country ranks low in both compared with otherindustrialized nations. The United States rankedsignificantly below average in mathematics andperformed at the average in science.

B

Marla R. Hines teaches10th-grade physicalscience at Vestavia Hills

High School in VestaviaHills and is Alabama’s

2011-2012 Alternate Teacherof the Year and Secondary

Teacher of the Year. Photo courtesy of Charles Creel





will need professional development toimprove questioning techniques as well.As educators become better at question-ing students and guiding their learning,our classrooms will be able to providethe processing skills necessary to meetthe new core standards. Additionally, teachers of STEM sub-

jects clearly are not influencing studentsto have a passion for these disciplinesand choose these subjects for collegecoursework. Only 15 percent of Ameri-can students graduate in STEM fields ascompared to 55 percent in China, for

example. Instead of teaching mathemat-ics and science using traditional or anti-quated methodologies, we have to beactively reforming the way that we teach.If our current structure of teaching isleading students to low, global achieve-ment and lack of interest in enteringcareers in these subjects, we must ana-lyze how we can change that trend.Teachers of STEM subjects must be pas-sionate about their subject, so studentscan share in that passion. I strive daily topass that along to my students. Both science and math involve pro-

cessing skills that extend beyond thecontent knowledge we must teach. Ifeducators teach students to love theprocesses of science and math, our stu-dents will be affected for a lifetime, evenafter the content may have been lost.In many ways, the achievement of our

students can be attributed to mediocrequality of teaching. A study conducted in Tennessee shows standardized testscores for students taught for three con-secutive years by a high-quality teacherare 50 percentile points higher than stu-dents taught by a low-quality teacher.Alabama has begun the process ofaddressing this issue with the newlyimplemented EDUCATEAlabama forma-tive assessment system. The system isdesigned to allow a teacher to practiceself-reflection and to grow as a profes-sional. In my opinion, the most impor-tant aspect of this new system is that itrequires a teacher to reflect on his or herpractice and to begin planning improve-ments for professional growth.

It is critical for teachers to routinelypractice self-reflection and professionalgrowth in order to continue to be effec-tive. Without requiring this type of prac-tice, teachers may become stagnant.They also may not adapt their teachingto fit student needs, thus hindering stu-dents’ ability to compete in a global aca-demic and professional environment. Words from Dr. Martin Luther King Jr.

inspire me to improve the quality of edu-cation for my students and every studentin our country. He said, “I don’t ever wantyou to forget that there are millions ofGod’s children who will not and cannotget a good education, and I don’t wantyou feeling that you are better than theyare. For you will never be what you oughtto be until they are what they ought to be.”As the 2011-2012 Alabama Alternate

Teacher of the Year, I advocate for teaching reform that helps close theachievement gap American students facein math and science when competingwith other countries. To be all we aredestined to be and fulfill our potential asa nation, we must secure educationalopportunities for all students. In Alabama,we can address this issue by: • Rejuvenating classes to reflect the highstandards of the common core.

• Equipping teachers to meet these highstandards and better prepare our stu-dents for the national and global stage.

• Encouraging Alabama students toappreciate STEM fields through highlypassionate and effective teachers, somore students will be led to careers inthese fields. n

TUSCALOOSA BIRMINGHAM DEMOPOLIS

WWW.ELLISARCHITECTS.COM

In her book, The Right to Learn: A Blueprint for Creating Schoolsthat Work, distinguished educator Linda Darling Hammond states,“Bureaucratic solutions to problems of practice will always failbecause effective teaching is not routine, students are not passiveand questions of practice are not simple, predictable or standardized.Consequently, instructional decisions cannot be formulated on highthen packaged and handed down to teachers.” The teachers I knoware not waiting on Superman to save them. Rather, they go about theday-to-day business of working with students’ families, solicitingcommunity resources and facing these challenges head on. While it is true that more than any other in-school factor good

teaching matters most, it is equally true that school systems arethe ones that can mold their schools into rich classrooms foster-ing and celebrating teaching excellence and student learning.Systems can hold high the banner of excellent teachers andmake these everyday superheroes more renowned in the worldin simple and meaningful ways. Provide mentoring and collab-oration time during the week. Develop working conditions thathighlight teachers’ expertise. Find ways of effective professionaldevelopment so that teachers can continually get better at theirdifficult, but most important work. The teachers I know are extraordinary people who make a

difference in the lives of their students day in and day out.Superman is alive and well, and that is good news! n

Celebrating and Supporting Teaching ExcellenceContinued from page 6

Close the Achievement Gap in Math and ScienceContinued from page 7




ut local and state educators areworking with Alabama’s school-children to help change those statis-

tics through strong participation in theU.S. Department of Agriculture’s Health-ierUS Kids Challenge and through nutri-tion and fitness grants, the 2005 imple-mentation of nutritional guidelines thatexceed those set by the USDA, and volun-tary nutrition and fitness efforts by individ-ual schools and school systems. The HealthierUS Kids Challenge, estab-

lished in 2004, recognizes schools that arecreating healthier environments throughpromotion of good nutrition and physicalactivity. Schools must submit an applica-tion and meet criteria set by the USDA.The Gold Award of Distinction is the high-est award given and carries a $2,000 mon-etary incentive. Schools can receive silverand bronze awards as well.First Lady Michelle Obama, who incor-

porated her “Let’s Move” initiative into the

HealthierUS Kids Challenge, recently pro-moted the challenge in a conference callwith educators nationwide. (Let’s Moveprovides schools, families and communi-ties strategies and tools to combat child-hood obesity.)

“I know that in these times, all this isn’teasy, especially with shrinking budgets,”Obama says. “We need your energy andhard work to keep us focused. We’re notgoing to stop working on this — I knowI’m not — until this problem of childhoodobesity is eliminated.” Since 2004, 1,139 HealthierUS Kids

Challenge awards have been given toschools in 40 states, according to infor-mation from the website usda.gov. “We have 68 schools that have

achieved an award, and 45 of them arethe Gold Award of Distinction,” saysJune Barrett, the Alabama Department ofEducation’s administrator of school pro-grams for child nutrition. Twenty of

those Gold Award of Distinction schoolsare elementary and intermediate schoolsin Shelby County. State educators aren’t satisfied, though,

even with those relatively high numbers.At least nine applications for a Health-ierUS Kids Challenge award, includingeight for the Gold Award of Distinction,are pending approval from the USDA. “On a daily basis, we’re submitting

applications,” Barrett says. Workshops are under way this sum-

mer as well to educate non-participat-ing schools about requirements for theawards. A new state physical fitness assessment

is in the works, too, thanks to a grant forthe Alabama Department of Educationthrough the Alabama Department of Public Health. Like most states, Alabama currently

reports physical fitness through the Presi-dent’s Challenge.

By Kathy Seale

The state of the state’s weight is alarming: Alabama has the second highest rate of adult obesity in the nation and the sixth highest rate of overweight youths ages 10-17, according to a 2010 report by the Trust for America’s Health and the Robert Wood Johnson Foundation.

BIllustration: ©istockPhoto.com


“It was outdated,” says Nancy Ray, thestate Department of Education’s healthand physical education curriculum spe-cialist. “We were having a lot of com-plaints.” The new computer-driven physical fit-

ness assessment — piloted this year ineight schools statewide — is based onstate standards and includes instructionalguides, body mass index (BMI) testing, asection on bullying and physical educa-tion, 21st century technology for physicaleducation teachers and recommendationsfor modifications for special needs stu-dents. It also gives more feedback thanthe current test’s “pass” or “fail,” too. “We hope we’re going to see improved

results on fitness tests,” Ray says. Schools hope to see positive nutri-

tional results from the incorporation ofmore wholesome foods — such aswhole grains, low-fat milk and morefresh fruits and vegetables — into theirmenus, Barrett says. They are de-empha-sizing fried food as well, and fryers canno longer be purchased with Child Nutri-tion Program funding. Some school systems are participating

in the Chefs Move to Schools program,administered by the USDA. Homewood,for example, was paired with Chef ChrisVizzina, executive chef at Samford Uni-versity. Vizzina has prepared lettucewraps for the students and faculty at

Homewood High School, and a healthypizza design contest is in the works for one of the Homewood elementaryschools, says the system’s Child Nutri-tion Program Director Carolyn Keeney.Vizzina plans to participate in the sys-tem’s summer training program for cafe-teria managers and employees as well. “We plan to have him demo prepara-

tion of some different menu items thatwe can possibly serve next year, Keeneysays. “Some of these will include itemsthat would be a good fit for the Health-ierUS Schools Challenge guidelines.”Columbiana Middle School, along with

Shelby County’s Child Nutrition Program,were recognized by the USDA SoutheastRegional Office as a 2010 Best PracticeAward Winner for their “Promoting aHealthy School Environment” program. The school was awarded a $5,000

grant to implement Fuel Up to Play 60, a program that was founded by theNational Dairy Council and the NationalFootball League to empower youth totake action to improve nutrition andphysical activity. The school used halfthe money for physical education equipment. “A lot of the equipment we had was

outdated or there wasn’t enough,” saysscience teacher Andrea Jacobsen, one oftwo wellness coordinators at Columbi -ana Middle School who applied for thegrant. “We didn’t have something assimple as a ball pump.” The money was also used for sports

such as archery, which can be adaptedfor children with special needs. Pedometers were distributed to fac-

ulty, who participated in Scale Back

Alabama — a weight loss contest andpublic awareness campaign hosted byAlabama’s hospitals and the state Depart-ment of Public Health. “This program was not only beneficial

to the faculty but also helped them serveas better role models for the students,”Jacobsen says. Students were given pedometers as

well, and they also participated in peri-odic after-school fitness days and setgoals and kept up with their daily phys-ical activity and nutrition intake througha computer program. “At the end of the year, we had about

50 kids who kept up with it every day,”Jacobsen says. Those students wererewarded with an activity-filled field tripto Oak Mountain State Park and ahealthy lunch at McAlister’s Deli. Inverness Elementary School in Shelby

County was one of six pilot schools for“Wee Can Fight Obesity,” a Wii Fit move-ment-based gaming system programsponsored by the Alabama Sports Festi-val, Alabama State University and theGovernor’s Commission on Physical Fit-ness. The program includes before andafter testing for BMI “to show kids justhow the Wii Fit can change their level ofhealthiness,” says Inverness physicaleducation teacher Mike Daniel. Physical education at Inverness Ele -

mentary also includes sports such as basketball and baseball and the use ofequipment such as stationary bikes andtrampolines, which were purchasedthrough school fundraisers.“We’re very fortunate,” Daniel says.

“Everybody kind of backs what youdo.” Collaboration of local and state edu -

cators with such agencies as the stateDepartment of Public Health and theUSDA is the key to a leaner, healthierfuture for all the state’s school children,says Sherry Marbury, the state schoolnurse consultant. Her role in cludes mon-itoring health-related issues for schoolnurses.“We have separate missions, but we

work together,” Marbury says. “The over-arching goal is the same — good nutritionand quality student health.” n


Alabama is committed to the HealthierUS Kids Challenge. Students at Valley Elementary School (above) and Inverness Elementary School (right) are learning that physical fitness can be fun and exciting.



very year, 600,000 children are born to first-time mothers from low-incomehouseholds. In Alabama, that number is about 29,000. These womenalready face enormous challenges beyond poverty — a dangerous physical

environment, isolation, being young and lacking education. For them, the anx-iety is even greater and the generational risk even more profound.

The Nurse-Family Partnership is a unique, evidence-based community healthprogram developed over 30 years ago to transform the lives of these mothersand their children. It was developed by Dr. David Olds who, while teaching inan inner-city day care center, began to suspect that by age 4 or 5 some chil-dren from disadvantaged homes were already in trouble.

Today, women enroll in the program early in their pregnancy and are pairedwith a specially trained registered nurse who conducts regular home visits untilthe child turns 2 years old. There could be up to 64 visits over the course of30 months — 14 during pregnancy, 28 during infancy and 22 when the childis a toddler.

Nurses Brighten the Future for First-time Moms

and Their ChildrenBy Sandra S. Kelley

EDid You Know?

In June 2008, the Gift of Life Foundation launched thestate’s only Nurse-Family Partnership under theumbrella of the National Service Office. Alabama’s program has enrolled 130 clients ranging from age 14 to age 32 (participation is voluntary), and 91 babieshave been born to mothers in the program. The programfocuses on:• Personal health – health maintenance, nutrition,exercise, substance use and mental health

• Environmental health – at home, work, school and in the family’s neighborhood

• Life course development – family planning, education and livelihood

• Parental role – mothering/fathering and physical,behavioral and emotional care

• Family and friends – personal network relationshipsand assistance with child care

• Utilizing health and human services

Research during randomized clinical trials showed participation in the Nurse-Family Partnership yielded:• An 83 percent increase (by child’s fourth birthday) inthe mother’s participation in the work force

• A 67 percent reduction in behavioral and intellectualproblems at age 6

• A 59 percent reduction in child arrests at age 15• A 50 percent reduction in child language delays at age 21 months

• A 48 percent reduction in child abuse and neglect• 32 percent fewer subsequent pregnancies • A 20 percent reduction in months of welfare use

To learn more about the Gift of Life Nurse-Family Partnership, call 334/272-1820 or visit

www.nursefamilypartnership.org.

Kathy Pounds, a registered nurse, visits the home of

Nurse-Family Partnership client Christiana

Washington and her daughter, JarvianaLanders.



4MARK YOUR CALENDARMARK YOUR CALENDAR Make Your Plans Today!

Home visits begin with the mother’spersonal health and her maternal role.Nurses also work with mothers on envi-ronmental health issues and the influenceof her family and friends. Life coursedevelopment focuses on the mother’sfuture, and nurses also help their clientsnavigate the health and human servicessystem to take advantage of resourcesthat can benefit both mother and child. Not only does the Nurse-Family pro-

gram make an important difference in the lives of children and families, it alsoenhances communities. A 2005 analysisby the RAND Corp. found a net benefit tosociety of $34,148 per participating familythat had such high risk factors as unmar-ried parents and low socioeconomic status. That’s a return of $5.70 for eachdollar spent on the program, a costrecovered by the time a participatingmother’s child reached age 4. There wereadditional savings accrued in health caredelivery, child protection, education,criminal justice, mental health and publicassistance. In addition, communities alsogained increased tax revenue when the parents entered the work force.The Gift of Life Foundation in Alabama

contracts with the National Service Officeto implement the only Nurse-Family Part-nership in the state. Public funding isessential if the program is to be availableto every eligible mother. While mostfunding streams are from Medicaid, statesrely on other varied funding streams frompublic and private organizations to sup-port the program. In 2010, the National Service Office suc-

cessfully advocated for federal funding,resulting in the historic Federal Maternal,Infant and Early Childhood Home VisitingProgram. Alabama is one of 32 states witha Nurse-Family Partnership presence. It’sa program that is proven to work. It’s aprogram that is growing and enjoys atrack record of success that has so manycommunities across the nation confidentthat investing in the Nurse-Family Partner-ship makes sense. n

Sandra S. Kelley is program coordinator for Alabama’sGift of Life Nurse-Family Partnership. She may be con-tacted at 334/273-3093 or by e-mail [email protected].

JULY13 National School Boards Association15 Southern Region Conference

Grove Park Inn, Asheville, NC3 Academy Hours

20 AASB Webinar:Relaxing the Rules to Support‘Innovation Schools’ 1.5 Academy Hours

AUGUST16 AASB Webinar:Defining ‘College & Career Readiness’

1.5 Academy Hours

AUGUST 22-SEPTEMBER 12AASB Fall District Meetings on Students First:What School Boards Should Know *1 Academy Hour

SEPTEMBER21 AASB Webinar:What School Boards Should Know

About the Fair Labor Standards Act 1.5 Academy Hours

OCTOBER2-3 AASB Core Academy Conference

Leadership for Community Engagement Renaissance Montgomery Hotel *6 Academy Hours

NOVEMBER15 Webinar:Get Out the Good News

1.5 Academy Hours

DECEMBER8 AASB Core Academy Conference

Effective Boards and Relationships Orientation Wynfrey Hotel, Birmingham *6 Academy Hours

8-10 AASB Annual Convention Wynfrey Hotel, Birmingham

Note: Every attempt will be made to follow this schedule.* Core credit awarded only once



t’s no different in Alabama. According tothe Voices for Alabama’s Children 2010Alabama Kids Count Data Book, more

than 100 classrooms worth of our state’sfirst-graders were not promoted to secondgrade in the public education system.

Reading difficulty increases the risk ofschool failure, juvenile delinquency, sub-stance abuse and teenage pregnancy.These factors perpetuate the cycles ofpoverty and dependency.

If we don’t invest in fixing the early edu-cation system, our future as a nation is atrisk. The U.S. Chamber of Commerce’sInstitute for a Competitive Workforcerecently issued a report calling on corpora-tions and the business community to investin early learning programs to bolster ournation’s work force development strategy.

According to the report, “Global compe-tition for human talent and innovation,long-standing educational achievementgaps, low high school graduation ratesand the pending retirement of 77 millionbaby boomers have placed tremendouswork force pressures on American busi-ness. These pressures, if not checked, willjeopardize our national economic security

and the viability of the American dream.” The problem is big. The solution, how-

ever, begins with something small —reading.

Hard research confirms that reading tochildren improves their chances of successin life. Reach Out and Read is a national,nonprofit, school readiness organizationthat helps pediatric health care providersspread this crucial message. The programbegins at the six-month checkup and continues through age 5, with a special

America’s early education system is in crisis. More than 34 percent of American children enter kindergarten without the basiclanguage skills they will needto learn to read. And childrenliving in poverty are especiallyat risk. Children who startschool behind are likely to forever remain behind.National research shows that 88 percent of first-graders who are below grade level inreading will continue to readbelow grade level in fourth grade.

I

Partnership with PediatriciansInspires Early ReadingBy Polly McClure



• 85 percent of a child’s brain development occurs by age 3.

• 35 percent of American children enter kindergartenunprepared to learn and without the basic language skills necessary to learn how to read.

• Each year, nearly 7 percent of Alabama’s children repeat first grade because they are so unprepared.

• Reach Out and Read is the only medically based literacy model in Alabama.

• Pediatricians give children a new book to take home at every checkup from 6 months to 5 years of age.

• 96 percent of children under age 6 are seen by their pediatrician at least once annually, and parents/guardianstend to trust and value the advice they receive from theirchild’s physician.

• By age 1, if there are books at home, children will“demand” to hear them read aloud and will reinitiate that positive interaction with parents/guardians.

• Reach Out and Read serves 79,400 children statewidethanks to 700 pediatric health care providers in 70 clinicsin 27 Alabama counties.

• Reach Out and Read depends on public-private community partnerships to provide books at no cost to families and “immunize” children against illiteracy.

Reach Out and Read-Alabama is a program of the AlabamaChapter of the American Academy of Pediatrics. To help thepediatric health care providers in your practices and clinicsprovide books and advice to families through Reach Outand Read, call 866/293-4783 or visit www.alaap.org.

emphasis on children growing up inlow-income communities. In Alabama, 700 pediatric health

care providers in 70 clinics participatein Reach Out and Read, distributingnew books to children and advice toparents on the importance of readingaloud. The program serves 79,400children statewide in 27 counties.Research findings from 14 pub-

lished, peer-reviewed studies clearlydemonstrate that Reach Out andRead works. Compared to familieswho have not participated in the program, parents who have receivedthe Reach Out and Read interventionare significantly more likely to readto their children and have more children’s books in the home. And,children served by the Reach Outand Read program enter kindergar -ten better prepared to succeed, withlarger vocabularies, stronger lan-guage skills and a six-month devel-opmental edge over their peers.America spends billions of dollars a

year on remedial reading programs.But, the intervention needs to beginearlier. Parents need to start readingto their children at birth to ensurethey’re prepared for success in school— and in life. According to Arthur Rol-nick, former senior vice president atthe Federal Reserve Bank of Min-neapolis, dollars invested in earlylearning yield an annual return of up

to 16 percent later in life.“If we want to ensure a productive

work force, we must ensure that chil-dren enter school healthy and readyto succeed, because when childrenenter kindergarten behind, they mostoften stay behind and the gapwidens,” said James C. Wiley, M.D.,president of the Alabama Chapter ofthe American Academy of Pediatrics,through which Reach Out and Readserves Alabama’s young children. “I cannot think of a better way tomake this difference than throughthe pediatricians that see these children and, even more importantly,the parents who raise them.” Reach Out and Read children come

to their routine visits looking forwardto getting a new book and buildingtheir in-home collections. They arequick to identify words on signs and enjoy spending time at thelibrary. They’re better prepared toachieve their potential and, in turn,help our nation achieve its potential.And it all starts with the turn of a

page. n

Polly McClure is statewidecoordinator of Reach Out and Read-Alabama, a pro-gram of the Alabama Chapterof the American Academy of Pediatrics. Reach her at [email protected].

Did You Know?

photo: ©istockPhoto.com



BOARDMANSHIP BASICSBy Melissa McKie and Melody Zeidan; Bishop, Colvin, Johnson & Kent, LLC

What is a “Policy”?The term “policy” is not defined by Alabama

statute, and available judicial definitions are notespecially helpful as in the example, “the princi-ples underlying the school system.” However, theprocess of policy adoption is governed by statute(Ala. Code §16-1-30 [1975]). On occasion, courtshave declared official action such as the adop-tion or revision of salary schedules to be boardpolicy even if the board itself has not chosen todo so. Depending on the context, other typesof official statements or pronouncements canbe considered matters of policy, and the dis-tinction between “policies,” “procedures” andlike directives is not always clear-cut.Administrative procedures and handbooks,personnel manuals, discipline codes andoperational manuals are sometimesconsidered to be “official policy.”

School boards’ policymaking responsibilities aremore important today than ever before. The legisla-tive trend has been to require boards of education to address an ever-growing list of administrative andoperational issues through policy development andimplementation. With increasing frequency, courtscite the existence or the absence of an appropriatepolicy in assessing governmental defendants’ liability, especially in the federal civil rights context.A well-conceived policy can sometimes save a schoolsystem from the misdeeds of a renegade employee,while a poor policy — or no policy — makes it easier to argue that the dubious conduct or practiceis the board’s policy. In short, policies can be usefultools or terrible traps, and learning how to create the former and avoid the latter is a critical part of the board member’s role.

Help is Available...The AASB’s Policy service is a proven, cost-effectivemeans for many school boards to undertake longoverdue, comprehensive policy manual revision. The service’s goals include:

• Shortening, simplifying and reorganizing policymanuals to make them more accessible and userfriendly.

• Updating policies to conform to contemporary legal requirements and standards while minimizingthe board’s overall liability exposure.

• Making appropriate distinctions between policiesand other administrative pronouncements, regulations and practices.

To enroll in the service, call AASB at 800/562-0601 ore-mail [email protected].


Illustration: ©istockPhoto.com




Why is “Good Policy” so Important?Having and following sound policy is good policy because it pro-

tects the board and board employees in a number of legal contexts— from federal civil rights claims and corporal punishment liabilityto insurance coverage. Well-considered policies also promote fair-ness, consistency and common sense in decision making. Con-versely, mistakes in adoption, amendment or adherence to policiescan result in litigation and increased liability exposure and can frus-trate the exercise of otherwise legitimate administrative discretion. Careful planning and drafting is important because policies can

function as the equivalent of contracts, laws or regulations andthereby create legal burdens for boards and their administrators.Policies cannot ordinarily lessen requirements that are imposed bylaw but can impose greater burdens and obligations on boards ofeducation than would otherwise be established by the law itself.

What are the Common Policy Pitfalls?When developing or revising a policy or policy manual, boards

should strive to avoid common pitfalls that frustrate the purposes ofpolicy adoption:• Failing to follow procedural requirements for policy adoption — The Codeof Alabama establishes procedures that must be followed by theboard in adopting or amending policy. A superintendent’s writtenrecommendation for the adoption or amendment of policy isrequired. The board, through its superintendent, must consultwith the local employee organization whose parent organizationrepresents the majority of school employees statewide. After thepolicy is adopted, it must be “made available” to all employeesaffected and employed by the board within 20 days after adop-tion. These procedural requirements must also be followedwhen a policy is being amended or revised.

• Adopting too many policies on too many topics — The temptation toaddress every important issue in the form of policy can be strong.However, attempting to anticipate and resolve every problem orto “codify” every good idea and noble aspiration through policyis a mistake. However well intentioned, the adoption of toomany policies leads to a policy manual that is unmanageable, dif-

ficult to access, typically ignored and largely useless.Worse, administrative practices that are at odds with offi-cial (if long-forgotten) policy create board liability andcredibility problems.

• Adopting policies that are too detailed, too restrictive or too generalto serve any real purpose — Policies that are too detailed, spe-cific and narrow in focus do not lend themselves to con-sistent, faithful application. The goal of policy should be toprovide guidance and enough flexibility to allow adminis-trators to comfortably apply the policy in varying factualcontexts. Policies that amount to mere truisms or abstractstatements of philosophy — such as “sexual harassment isa violation of board policy” — are of limited value. Con-versely, policies that are overwritten — as in “under no cir-cumstances shall a bus driver ever leave a parked schoolbus for any period of time while any child remains on thebus” — create absolute standards that cannot (and willnot) always be met.

• Adopting policies that recite or restate statutory or regulatoryrequirements — Avoid the tendency to use policies as ameans of compiling or summarizing laws affecting schoolboard operations. Statutes, regulations and court decisionsare constantly evolving. Policies that amount to a restate-ment of the law will be obsolete and sometimes inconsis-tent with the law when it changes. Such policies also con-tribute mightily to chronic PPP, “pointless policy prolifera-tion.”

What Questions Should be Asked Before Adopting Policy?The decision to adopt a policy — even a well-drafted one

— should be carefully considered. Answering the follow-ing questions can assist boards in determining whether the benefits of adopting a proposed policy outweigh the burdensand risks inherent in policy administration:• Can the circumstance that triggered consideration of thepolicy be addressed just as well or better by a one-timemeasure/response?

• Is the proposed policy comprehensible, user friendly andeasily understood (and applied) by employees?

• Is the board willing to provide any training/orientation thatmay be required?

• Is sufficient breadth and flexibility built into the policy, soit does not unnecessarily restrict options or tie hands?

• Is it drafted in a way that prevents it from becoming obso-lete in a couple years but instead permits its continued andconsistent application over time?Policy development is the board’s quintessential adminis-

trative function. The task should be approached with thesame care, caution and broad perspective that would be applied to the enactment of legislation. The result of

that effort will be a more effi-cient and effective educationalorganization. n

Melissa McKie (left) and Melody Zeidan(right) practice education law with Bishop,Colvin, Johnson & Kent LLC in Birmingham.

Avoid Policy Pitfalls Continued from page 16



p, m.

20 Executive Director’s Perspective: A Victory for Students

21 Yes Votes for the Students First Act

21 Education Heroes: In Their Own Words

22 Students First Act of 2011: A Victory for Education

26 Face to Face: Mary Scott Hunter

31 Contacts Make Things Happen

32 Education & the Law: Students First Act Frees Boards



his is a historic opportunity for Ala-bama school leaders. We have askedfor this authority, and we have been

given a tremendous responsibility. Wemust rise to the challenge. No longer is“we can’t because of the tenure law” anacceptable answer. Now, we can. We canaddress student needs. We can budgetresponsibly. We can be courageous. Wecan, as long as we balance our actionswith consideration, as long as we docu-ment and evaluate personnel appropri-ately, as long as we provide meaningfulprofessional development for all teachersand enriching support for new teachersand as long as we respect the authorityentrusted in us. Our teachers and supportpersonnel are on the front lines of ourefforts to help children succeed. I knowyou understand that and take it seriously.You’re not alone as we push forward

with Alabama’s new education person-nel law. This special section is amongseveral endeavors to provide you withthe information you need. We’re devel-oping publications, and we’re makingthe Students First Act the subject of freeconference calls in June, our Fall DistrictMeetings Aug. 22-Sept. 12 and a clear-inghouse of legal and other questions (ajoint project of the Alabama Associationof School Boards, the School Superin-tendents of Alabama and the AlabamaCouncil of School Board Attorneys).

Additional guidance on implementationwill be coming from the association aswe continue our work with the coalitionthat helped pass the Students First Act. Inthe meantime, please allow me thisopportunity to express our appreciationfor all that you have done to supportyour association in this victorious fightthat was long, hard and sometimes bru-tal. Thank you for your grassroots efforts,for speaking on behalf of the bill, forsupporting AASB and, most importantly,for believing that the fight to put a com-petent, professional, high-quality teacherin front of every student was worthwhile.

We couldn’t have done it without thebill’s sponsors. Leading the way wereSen. Trip Pittman and Rep. Chad Fincher.They took the heat from numerous edu-cators and their peers who simply didn’tunderstand or accept that this bill still pro-vides the protections of tenure and ele-vates the teaching profession by refocus-ing on high-quality education personnel. Please, join us in celebrating every

brave legislator who dared challenge thestatus quo and buck politics as usual tostand up for their youngest citizens. Apersonal call, visit or letter to each ofthem is warranted (see list of yes-voters onthe opposite page).I’ve had the pleasure of witnessing this

association accomplish a great deal toimprove and enhance education. Passageof the Students First Act is one of thehighlights of my 25-plus years with AASB.It was a rollercoaster ride of numerousnews conferences and interviews; meet-ings with legislators; meetings with theopposition; bringing together and reinvig-

A VICTORY FOR STUDENTS

EXECUTIVE DIRECTOR’S PERSPECTIVEBy Sally Howell, Executive Director, Alabama Association of School Boards

A day after the Alabama Legislature declared a monumentalvictory for the students of this state, Gov. Robert Bentleysigned the Students First Act of 2011 into law on May 26,2011. The monumental law put an end to the old tenure and dismissal laws that protected substandard teachers and evencriminals, causing an outrageous loss of public confidence and taxpayer dollars. Sally Howell

T

Working together to pass the Students First Act of 2011 (l-r, front row) were Stephanie Norrell, lobbyist; Dr. Eric Mackey and Lisa Woodard of the School Superintendents of Alabama; (l-r, back row) John Floyd and Harry McMillan, lobbyists; Tracey Meyer of the state Department of Education; and Lissa Tucker and Sally Howell of the Alabama Association of School Boards.Supporters also included the state Department of Postsecondary Education, A+ Education Partnership,Business Council of Alabama and the Alabama Association of School Business Officials. Photo courtesy of Charles Creel


4


orating Students First supporters; public hearings, commit-tee votes, pre-dawn filibusters, political sleight of handand delay tactics in the State House and so much more. Students First had several critical moments in the leg-

islative process, perhaps the most nerve wracking wasSenate passage. The filibuster took us to the midnighthour. As fierce negotiations continued and various draftswere presented, the risk that no legislation would passcame much too close. In the end, Students First prevailed.The next hurdle was on the House floor. The AlabamaEducation Association attempted all it could to swingvotes, amend the bill and kill it. Reminiscent of Custer’slast stand, Rep. Chad Fincher and other Students First-backers didn’t flinch and fought every amendment topave the way for final House passage. While we celebrate, AASB is already working hard to

make sure every local board has the training and toolsthey need to implement the new law. Now, we must busyourselves with ensuring that every student receives a qual-ity education provided by an excellent teacher with highexpectations — a teacher who is led by a principal whoexcels as an instructional leader. Put the weight of your support behind superintendents

who understand the value of a high-performing educationwork force. Invest in professional development that makesa difference and ensure that personnel evaluations are reg-ular and truly reflective of performance. Ensure there is astrategic plan in place that drives achievement and leavesno room for ineffective teachers and employees.Revisit and align your policies and procedures govern-

ing employees with the new law. (See related article, page32). These may include:• Evaluating and documenting employee performanceand effectiveness.

• Determining tenure status for teachers and the newnonprobationary status for other employees.

• Managing a reduction in force.• Handling termination, resignation, suspension, assign-ment and transfer of employees, including the rules forproviding notice.

• Conducting board hearings.• Applying the appeals process.Suffice it to say that now the ball is back in our court.

Now that we have a common sense, logical approach tomanaging our work force, school boards will be heldaccountable for the tenets of Students First.Put every public dollar to work in a way that prepares

our graduates for citizenship and global competition andstocks our state with skilled, educated workers. Hire thebest people. Make sure every position is tied to your mis-sion, every teacher is moving students forward and everysupport worker is providing the best possible services. Putsupports in place for new teachers and create an environ-ment that helps staff and students thrive. Keep putting students first. n

YESVotes for the Students First ActSenate (18-16, 1 abstention): Allen, Beason, Blackwell, Brewbaker, Brooks, Bussman,Dial, Glover, Holtzclaw, Marsh, McGill, Orr, Pittman, Sanford, Scofield, Taylor, Waggoner andWilliams (P). [Note: Key procedural vote for cloture also included Sens. Greg Reed, CamWard and Tom Whatley.]House (56-43 with 6 absent): Reps. Baker, Ball, Barton, Baughn, Beckman, Boothe,Bridges, Brown, Buttram, Canfield, Chesteen, Clouse, (Collins intended to vote “yes”), Davis,DeMarco, Farley, Faust, Fincher, Galliher, Gaston, Greer, Hammon, Henry, Hill, Hubbard (M),Ison, Johnson (K), Johnson (R), Johnson (W), Jones, Lee, Long, Love, Mask, McClendon,McClurkin, McCutcheon, McMillan, Merrill, Moore (B), Newton (C), Patterson, Payne, Poole,Rich, Roberts, Sanderford, Sessions, Shiver, Treadaway,Tuggle, (Vance intended to vote “yes”), Wallace,Williams (D), Williams (J), Williams (P), Woodand Wren.

EducationHeroes: In TheirOwn WordsYou’re an education herobecause you worked so hard towin approval for Students First.What do you say?

“I was one person,but certainly this was a team effort.”Sen. Trip Pittman, Senate sponsor of Students First

“Well, I don’t know if we’d call ourselvesheroes, but we’re proud of the workwe’re doing.”Sen. Del Marsh, President Pro Tempore of the Senate

“I’d say we’re just doing our jobs, andthat’s what we were elected to do.”Rep. Mike Hubbard, Speaker of the House

“Everybody contributed to make thisgreat piece of legislation and to makesure it passed this legislative session.”Rep. Chad Fincher, House sponsor of Students First

Education Heroes (L-R):Rep. Chad Fincher, Sen. TripPittman and Sen. Del Marsh.



he law repealed and replaced the Alabama Tenure and Fair Dismissal lawsthat critics say made it time-consuming,

costly and far too difficult to dismiss substan-dard education employees.“Now, we can,” says Alabama Association

of School Boards Executive Director SallyHowell. “We can help ensure students are taught by and receive services from committed, competent, caring professionals.”Howell describes the enactment of Students First as a “historic opportunity for Alabama’s schoolleaders” to answer the public’sdemand for accountability. It shouldn’t be taken lightly, she says. “We have asked for this authority,”Howell adds, “and have been giventremendous responsibility. We mustrise to the challenge.”

T

By Kathy Seale and Kim Roedl

Supporters of the Students First Act, signed into law May 26 by Gov. Robert Bentley, say it is a victory for public education.

photo©istockPhoto.com



Uphill BattleThe Alabama Association of School

Boards and an education coalitionpushed the Students First bill, which car-ried the state Department of Education’sand state Board of Education’s endorse-ment. The coalition of supporters alsoincluded the School Superintendents ofAlabama, Business Council of Alabama,state Department of Postsecondary Edu-cation, A+ Education Partnership and theAlabama Association of School BusinessOfficials. Passage of the legislation that began as

Senate Bill 310 appears to have been anuphill battle. The Alabama EducationAssociation used its heavy political weightto fight the bill. SB310 narrowly escapedthe Senate 18-16, underwent committeechanges, avoided what proponents calledamend-and-delay attempts and squeakedthrough the House of Representativeswith a vote of 56-43. It was close, but stilla win for those who say the importanceof Students First can’t be overstated. “It became a top priority for us,” says

Rep. and Speaker of the House MikeHubbard. “This was the most significantvote we’ve had this year.” Proponents devoted hours upon hours

to writing, rewriting, deliberating anddebating the bill. “We just pushed, pushedhard,” says Senate Pro Tem Del Marsh.With good reason, says Hubbard. “The

laws we had actually protected the smallminority that are poor teachers and poorsupport personnel,” he says. “That’s justbackward.”House sponsor Rep. Chad Fincher says

confidently Students First is “the bestthing for the students and the best thingfor teachers.” He, Senate sponsor Sen.Trip Pittman and the bill’s cosponsorsendeavored to find common groundwith AEA and the staunch opposition inthe Alabama State House who propo-nents say made inaccurate claims abouta lack of due process, tenure’s viability,reasons for termination and the inabilityto contest a reduction in force. The new act retains due process

protections for tenured teachers and non-probationary classified employees whoeither already have the status or will earn

it after three consecutive years with thesame employer. The specified grounds forfirings stay the same: a justifiable decreasein the number of positions or for incom-petency, insubordination, neglect of duty,immorality, failure to perform duties in asatisfactory manner or other good andjust cause. The law also protects employ-ers’ ability to reduce their work force

when a decrease in revenue or enroll-ment makes it necessary.

“I can’t tell you how many meetingstook place on both sides of the aisle,”Marsh says. “We negotiated for twomonths.” A statewide survey of 600 resi-dents was even conducted and revealeda majority agreed that the tenure and dis-

missal laws needed to be reformed. Fincher says, “We faced a lot of confu-

sion from teachers. We worked withthem and listened to their concerns. Wemade changes to the bill regarding someof the issues.” The school boards association, super-

intendents association and others in theStudents First camp “worked really hardwith sponsors to ensure everyone is pro-tected,” says Dr. Eric Mackey, executivedirector of the School Superintendents ofAlabama. Because of that work, hethinks most education personnel “won’teven notice a change with the new law.” The bottom line, lawmakers say, is that

quality teachers have nothing to fear.They are still entitled to due process.Tenure is not eliminated. Tenured teach-ers cannot be terminated without justcause and the burden of proof is still onthe superintendent.

“Many states are abolishing tenurealtogether, but we think it’s important toprotect this right,” Fincher says. “And,school boards will have to make deci-sions based on the facts. If school boardsmake a decision for personal or politicalreasons, they’re breaking the law.”

Students First Act supporters speak out on the steps of the Alabama State House.

photo: Alabama Republican Party


“It became a toppriority for us.This was themost significant

vote we’ve had this year.” — Rep. Mike Hubbard, Speaker of the House



First PriorityStudents are said to be the greatest

beneficiaries of the new law. “If a stu-dent has a bad teacher,” Hubbardexplains, “that’s hard to overcome.” Caroline Novak is president of the

advocacy group A+ Education Partner-ship, which envisions “great schools forevery child.” She says Students First “preserves tenure for hardworking edu-cators in our schools” while also provid-ing “a tool for effective management ofpersonnel.”She also says it’s a way to refocus on

what makes quality education possible. The new law “will allow our school

systems and school leaders to focus onmaking progress toward the goal of hav-ing an effective teacher in every class-room,” she says.

The law also further elevates theteaching profession, Howell adds. Sheencourages school board members andother education leaders to celebrateteachers’ successes, to put dollars behindwhat works in classrooms and to createan environment that supports educationprofessionals. “Our teachers and support personnel

are on the front lines to help childrensucceed,” Howell says. “They must beconfident that school leaders have theirbacks. It is about balancing courageous

actions with consideration. That’s easierto do when school boards and adminis-trators have confidence in their facultyand staff and have the freedom to meetstudent needs by budgeting responsi-bly.”

Restored TrustPostsecondary Chancellor Dr. Freida

Hill emphasizes that the new law willhelp restore public trust in Alabama’seducational system and the general public’s “confidence in our ability toeffectively and efficiently provide edu -cational services.” Hill says the former Fair Dismissal law

was anything but fair. “Under the old law,unacceptable employees had a financialmotive to drag out the terminationprocess, costing taxpayers millions of dol-lars in unnecessary legal expenses andsubstitute salaries and wasting countlesshours of staff time,” she says.“Every day that an unacceptable

employee was allowed to have access toour students, draw a salary and remainwas a further erosion of the public trust,”Hill says. “Something had to be done, notonly to restore some sanity to our dis-missal process but also to demonstrateour desire to be accountable.”

“Taxpayers,” Hubbard adds, “shouldnot have to foot the bill for someonewho’s not doing their job.” Fincher made it clear how he feels on

that issue. “We have to allow our schoolboards the ability to remove those indi-viduals to protect our students,” he says. It was Fincher who amended the old

2004 tenure law last year to end pay forconvicted felons. A loophole in the lawallowed “teachers who had committedserious crimes to sit in prison collectingpaychecks,” he says. “It convinced methat we had a serious, serious problem.” Pittman says a major problem was that

school leaders, though charged with theresponsibility, didn’t have the authorityto manage school personnel to the bestof their ability. State Superintendent of Education Dr.

Joe Morton explains. “Students First rep-resents needed change to Alabama’s for-mer Teacher Tenure and Fair Dismissallaws. Both of the laws covering justifiedreleases of employees from public educa-tion jobs were flawed, beginning with theuse of arbitrators to rule on school per-sonnel issues,” he says.Federal arbitrators, generally out-of-

staters who may not be familiar withAlabama’s education laws, heardemployee transfer and terminationappeals. Arbitrators could overturn orsupersede the employer’s decisions.

“Arbitrators were basically controllingthe process,” Pittman says. “We’re bring-ing local school boards back into thedecision process.”

Students First Act of 2011: A Victoryfor EducationContinued from page 23

“Every day thatan unacceptableemployee wasallowed to

have access to our students,draw a salary and remain was a further erosion of thepublic trust.”

— Postsecondary Chancellor Dr. Freida Hill

“School boardsand superin-tendents areurged to be

very judicious in enacting thislaw. We have to work very diligently to accomplish thegoal the legislation hopes to accomplish — to put the students first.”

— Sen. Trip Pittman, Senate bill sponsor

“Students First is the most massive changein the state’s

school governance in 70 years.It begins the process of making schools more governable from top to bottom. It is a major changefor the better.”

— Dr. Eric Mackey, Executive Director,School Superintendents of Alabama



Landmark LegislationMackey says, “Students First is the most

massive change in the state’s school gov-ernance in 70 years. It begins the processof making schools more governable fromtop to bottom. It is a major change for thebetter.”

The law is now “fair both to theemployee and the employer,” Mortonsaid.

Employers may find it appealing thatthe Students First Act stops pay immedi-ately for reasons outlined in the law, whileterminated employees on appeal may findsolace in knowing they have a buffer ofup to 75 days before their pay ends.

Either way, this particular change isexpected to result in reduced terminationcosts. Before, there was no maximum,and arbitration typically took more than200 days to resolve.

“Some dragged on for years,” Pittmansays. “There’s a definite timeline now.”

Anticipated costs for arbitration casesled some financially strapped school sys-tems to forgo termination proceedingsaltogether.

“I had a superintendent tell me theyhad an employee that needed to be termi-nated, but they couldn’t afford it,” Hubbard says.

Fincher believes the money saved dueto Students First could be substantial.

“You could easily say it could saveschool systems millions of dollars,”Fincher says. He cites one example wherethree of the state’s school systems spent atotal of $1.2 million during the last few fis-cal years on legal fees and pay for termi-nated teachers and support staff. “That’s$1.2 million,” he says, “that did not gointo classrooms.”

Proponents say major provisions of thenew law are the elimination of hearingscontesting necessary reductions in forceand the increased leeway administratorshave to reassign employees on campus ortransfer employees within their feederpattern of schools.

“Things change,” Marsh says. “Systemschange. School boards have to makechanges that make financial sense for thesystems.”

And, administrators must have enoughflexibility to adjust in ways that make aca-demic sense, too, Hill says. “The reformsmake it possible for administrators to actquickly when teaching and student learn-ing is not taking place,” she says.

Looking back on the journey, Hubbardsays there are teachers who, despiteAEA’s differing view, approve of the Stu-dents First Act. “We’ve heard from dozensand dozens of teachers who say, ‘You’redoing the right thing.’ They want theschool boards to get rid of bad teachers,”he says.

Those portions of Students First thatdidn’t immediately go into effect will doso July 1. Lawmakers who supported thebill say they will be watching.

“At the end of the day, they (AEA) are

not going to support this legislation, andyou just have to move on,” Marsh says.

Pittman urges school boards and super-intendents “to be very judicious in enact-ing this law. We have to work very dili-gently to accomplish the goal the legisla-tion hopes to accomplish — to put thestudents first.”

Mackey said the next big challenge ismaking sure those implementing andaffected by the new law “understandwhat the law says.”

Howell said AASB is joining forces withsuperintendents and the Alabama Councilof School Board Attorneys to develop aclearinghouse of questions. AASB is alsolaunching a series of conference calls,publications and fall seminars on the law.

One thing seems certain among sup-porters. Students First is landmark educa-tion legislation.

Hubbard says it’s not likely to be thelast.

“I think you’re going to see this as theturning point in education in Alabama,”he says. n

Kathy Seale and Kim Roedl are free-lance writers.Denise L. Berkhalter contributed to this story.

“Students Firstrepresentsneeded changeto Alabama’s

former Teacher Tenure and Fair Dismissal laws. Both of thelaws covering justified releasesof employees from public education jobs were flawed,beginning with the use ofarbitrators to rule on schoolpersonnel issues.” — Dr. Joe Morton, State Superintendent of Education

“Many states are abolishingtenure altogether,

but we think it’s important to protect this right. And,school boards will have tomake decisions based on the facts. If school boardsmake a decision for personal or political reasons, they’rebreaking the law.”

— Rep. Chad Fincher, House bill sponsor

“Things change.Systems change.School boardshave to make

changes that make financialsense for the systems.”

— Sen. Del Marsh, Senate Pro Tem


r. Jennie Robinson is not only amember of the Huntsville schoolboard and the Alabama Association

of School Boards Board of Directors, butshe is also actively involved with AASB’s Leader to Leader grassroots advo-cacy group. Leader to Leader is aresource for lawmakers, government offi-cials and those who make decisionsabout state education policy. In each

issue, Alabama School Boards features the face-to-face conversa-tion one of these local education advocates has with a stateleader. In this issue, Robinson interviews state Board of Educa-tion member Mary Scott Hunter.

s Robinson: Tell us how you came to be on the state schoolboard.

u Hunter: I like to make a difference in people’s lives. I like achallenge. I am motivated by service — as you can see frommy service in the Air Force, my work with church and philan-thropies. I also have always enjoyed education and educationissues. This opportunity just encompassed all of those thingsthat I am motivated by and love to do.

s Robinson: I’ve noticed that you have a strong desire for pub-lic service. Tell us a little bit about your background, both inthe military and your previous run for public office.

u Hunter: I went to law school and graduated in 1998. After-ward, I was looking around and thinking about what I wantedto do. I have always felt called to serve my nation in the mil-itary and put on a uniform. I was privileged to be able to dothat, and I went into the Air Force as a United States Air ForceJudge Advocate General (JAG) and served 10 years — half ofit in active duty and the other half in the Reserves and in theAlabama Air National Guard.

Several years ago, I decided to run for political office. Atthat point, there was an opportunity to run for the AlabamaSenate in a special election. I was not successful in that run.And, that’s OK because I am where I am today, and I amexactly where I want to be.

s Robinson: What did you learn about the political processwhen you ran for the state Senate?

u Hunter: Just the ins and outs of a campaign. There is an artand a science to a campaign as you know, and it’s a learning

curve like anything else. And, you can get better at it.

sRobinson: What lessons did you take away that you usedwhen you ran for the state board?

u Hunter: It’s important to work hard. There is no substitute forworking hard.

s Robinson: You learned a lot about relationships, too, didn’tyou?

u Hunter: Oh, absolutely. Your relationships are so important,and you can’t please all of the people all of the time, norshould you try. The best thing you can do in a campaign andin politics is communicate.

s Robinson: Has that served you well now as you’ve come onthe state board? You’re now one of several new members onthe state board.

u Hunter: Well, there has been a learning curve. We havelearned it together. The members that came before me thathave served there for some time had a knowledge base, andthey have been helpful to the new ones. We have had somethings to learn — all of us —

I loved the name of the bill (StudentsFirst). We had notput them alwaysat the forefrontin education policy. We need to put the childrenahead of all else,because their future is so important. — Mary Scott Hunter


FACE TO FACEBy Dr. Jennie Robinson, Huntsville School Board

Mary Scott Hunter

D

Dr. Jennie Robinson

52222-1 AASB_Alabama School Boards 6/23/11 8:22 AM Page 26


because it has been a new day in Alabama politics.

s Robinson: In addition to new state board members, we havea lot of new folks in the Legislature, so you’re all learningtogether. What has that been like?

u Hunter: Challenging, at times, and long meetings, but very,

very exciting and gratifying.

s Robinson: Has the state board experience been what youthought it would be? How have you learned to balanceeverything that’s going on?

u Hunter: I campaigned as an education reformer. My life fora year was education reform and all things related to educa-tion reform. Because I was so intensely involved in that andwatching reforms across the country and thinking about howwe could put our own reforms in place in Alabama, I sort ofthought everybody would be like-minded and would wantreform. What I found was that my partners in reform didn’tnecessarily come from the places I expected them, and thathas been great. And, we are on the road to reform, but iner-tia it a tough thing to overcome. The ‘we’ve done it this wayforever’ — even though it may or may not work — is diffi-cult for some people to move past. So, we try to move themgently and as diplomatically as we can. Sometimes, we haveto push a little harder. But, I will say that reform is coming,and we have a partner in the Legislature and partners amongour leaders and in the state Department of Education andDepartment of Postsecondary Education. So, I am veryencouraged about our opportunities for reform and for beingthe best in the nation in education.

s Robinson: What have you done to accelerate your learning? u Hunter: My method for becoming more knowledgeable onan issue is to read and study but then go to the place wherethat’s done to watch. So, I read a lot of books and talked toa lot of people. For example, when I wanted to learn moreabout data-driven achievement, I went to my child’s school,Blossomwood Middle School, and I asked the principal to

show me how she does it. When I wanted to learn moreabout language study and how it is done, I went to the Acad-emy for Science and Foreign Language and had a great visit. The Middle Years Conference this June, for example, was

not only an opportunity for me to collaborate on middleyears education with participants districtwide who sharedideas, but it was also another way for me to learn so I canhelp drive good policy in that area. This was something thatI spearheaded, and I invited each of the superintendents tonominate three persons from their district so we would havea good mix of teachers, administrators, principals and assis-tant principals. It was an all-day conference moderated by Dr.Tommy Bice from the state Department of Education, and wetalked about best practices in the middle years. One of the things I found out in my learning is that nation-

wide, and in Alabama as well, we have a dip in the middleyears — middle school education. I think it has to do withthe fact that it is very hard to teach in those years.

s Robinson: When you look back, what are you most proudof so far in the six months you have been in office?

u Hunter: I’m proud of the support that we gave the Legislaturein reforming the Alabama Teacher Tenure and Fair Dismissalacts. I am also proud of our three initiatives within District 8— the Middle Years Conference; an effort to advance Princi-pally Speaking, an initiative to raise the caliber of leadershipamong principals; and a series of presentations I’m giving onour work force. We have wonderful principals across the district, but our

principals do not get what they need in terms of profes-sional development. Principals are no longer managers ofbuildings. Principals are academic leaders. And, there ismuch to being an academic leader. We have to bring allprincipals to the place where they understand their role asan academic leader. I can’t emphasize that enough. One ofthe most heartbreaking things I see is when I sense thatthere is a very effective faculty at a school but the school isnot being led effectively. That is a heartbreaking situation.

ABOUT MARY SCOTT HUNTERHunter grew up on the Alabama Gulf Coast and resides in Huntsville. She isthe daughter of former NFL championship quarterback Scott Hunter andDeborah Hunter. She is a graduate of the University of Alabama and theUniversity of Alabama School of Law. She and her husband, Maj. Jon Shultz,have three children.What she does: She was elected November 2010 to represent District 8 on theAlabama Board of Education. Her term ends in 2015. She served 10 years as anAir Force Judge Advocate General (military attorney) and attained the rank ofmajor. She and her husband own Torel Technology LLC. She is an employmentlaw attorney with the Siniard, Timberlake & League law firm.State Board District 8: Encompasses Limestone, Madison, Jackson,DeKalb and Etowah counties.Contact her: E-mail [email protected] or call 888/531-1312.


We are on the road to reform, but inertia it a tough thingto overcome. The ‘we’ve done it this way forever’ — even though it may or may not work — is difficult for some people to move past. So, we try to move them gently and as diplomatically as we can. Sometimes, we have to push a little harder. But, I will say that reform is coming, and wehave a partner in the Legislature and partners among ourleaders and in the state Department of Education and Department of Postsecondary Education.

— Mary Scott Hunter



It masks effectiveness. To bring principals along, we are trying to expand Principally Speaking from one county tofive counties. It now functions within Madison County, andwe’d like to take that across the district. (Principally Speak-ing provides a network of professional support among prin-cipals to enhance their leadership skills.) We did not get theinitiative included in the appropriations process. I’m hopefulthat next year it will be included. The Schools Foundation isfund raising and attempting to get money for this initiative totake it across the district, and I am hopeful that we will beable to do that. I am very, very proud of the series of presentations that I

will be doing in late summer to the chambers of commerceand other business and industry groups about the strengthsand weaknesses of the work force within their local area. It’ssomething we really have to think about. You know, my phi-losophy on education is very practical. I focus on jobs. If aperson gets a job, a lot of the other problems and things thathappen in life and in society just sort of take care of them-selves. Education exists to do many things, but its mostimportant function is to prepare people for jobs. That reallystarts in the early years and gets more intensive as you goalong. In particular, in vocational technical training, at leastthe exposure part of it, starts in middle school. So, I’m veryproud of this initiative.

s Robinson: What changes do you see in education policy? u Hunter: One of the big changes I see is in the partnering of

the Legislature with the state Board of Education. The stateboard is obviously the stakeholder. The local boards arestakeholders. The Legislature is a stakeholder, a very impor-tant stakeholder. One of the things that just happened is thatafter the May 25 House vote for the reform of the tenure andfair dismissal acts, on Thursday the drafters of the bill, Sen.Trip Pittman and Rep. Chad Fincher, both came to the stateBoard of Education’s meeting and took a few moments to

thank the state board for their support of the bill while it wasworking its way through the processes. I have been talkinga lot to my delegation, and, of course, I have contacts acrossthe state, particularly where I grew up in Baldwin andMobile counties. There is a sense that there needs to be a lotmore partnering between the Legislature and the state Boardof Education because the state Board of Education can do alot in policy. In fact, most of the things that we need to docan be done in policy. There are some items that can’t bedone in policy; they have to be done in the Legislature. But,the Legislature only meets for a finite period of time everyyear, and they have a tremendous amount of legislation toget through – not just education, the gambit of legislation.So, what would be smart is for the Legislature and the stateboard to partner and have a shared vision for education, andfor us to have a constant discussion.

s Robinson: So, you have a common goal and a common direc-tion, and you’re each working in your roles and responsibili-ties to get there?

u Hunter: That’s right. And that is one of the big shifts in pol-icy I would say. I don’t believe that sort of interaction has hap-pened in the past.

s Robinson: A good example of that would be Students First.You played a really critical role in the passage of that.

u Hunter: Well, when I campaigned for this position, one ofthe first things I did was go back and read the law — Title 16 of the Code of Alabama. That’s our section on edu-cation. And there is a section in there on the powers gener-ally of the board of education, and then there are some sub-sections. I read those, and it says that the board of educationshall essentially determine the direction of education in Ala-bama and shall send to the Legislature its legislative needsand those legislative needs can be sent in the form of a bill.I’m not sure that’s ever been done. When I was running, Ididn’t know that. I didn’t know that we don’t do that kind ofinterplay and don’t have that kind of constant communica-tion. So, when I got on the board that was a surprise to me.But, I have worked to try to bring the board to the placewhere the people who drafted the rules and who put us inmotion contemplated we would be. I’ve tried very hard togo back to what we are supposed to do. So, I found out this Students First legislation was percolat-

ing through the committee process and was being amended.I was given the legislation, and one of the things that mademe unhappy at the outset was that I hadn’t been involved inthe drafting. I wish that I had been more involved in thedrafting, but that happened as it did. When it came to me inMarch, I read through it a couple times, put it out there tosome people, got some input back — got some input fromteachers, in fact — and then took my laundry list of itemsthat I created and sent those to the drafters. And, for themost part, those were probably items that others were see-ing, too. The drafters were able to put all that together and,

Face to Face: Mary Scott HunterContinued from page 27



I think, amend the bill in ways that were good. It offereda few more protections to education employees, but didn’tlose what was extremely important for that bill, which wasthe prioritization of students.

In the past, we have not prioritized students first, andso I loved the name of the bill. We had not put themalways at the forefront in education policy. I love thequote from the film “Waiting for Superman” when I think(former Washington, D.C. schools Chancellor) MichelleRhee says, it is important to remember that this is notabout the adults, it’s about the students. Now, certainly wedon’t want to abuse any adults in the process. That’s notthe goal, either. But as parents, as educators, as membersof churches, as members of communities that care aboutchildren, I think anybody would say that if a child wasdrowning in a river, you would jump in for him. If a housewas on fire, you would run into the building to try to savea child. This isn’t different. This is the way we are wired.We need to put the children ahead of all else because theirfuture is so important.

s Robinson: You and I both had the opportunity to speakto the joint session of the House and Senate EducationPolicy Committees when Students First was introduced.On that day when you spoke, you talked about data andhow we need to use data in evaluating teachers and tobetter meet the needs of students.

u Hunter: Education data in Alabama in the past has beenfocused on pushing information up and out. We test inorder to meet the federal requirements for data. What wehave not done a real good job of doing is assessing inorder to be able to push our data down and to make use-ful tools for education leaders, administrators and teachersto be able to drive academic achievement. We need to doa much better job of that. In fact, it’s essential. So, I amvery data-driven, and it is extremely important that wedrive achievement.

What I don’t want anyone to think is that testing iseverything and everything is about a test. That’s not true,because students have to know how to think. They haveto know how to analyze. Sometimes these are items wecan’t get from a test. But, in this global economy, our stu-dents have to be smart. They just have to be smart. Tohelp them become smarter, we must own our data, know

where we’re failing and not let any mysteries happen. Rightnow, there is a lot about achievement in Alabama, both suc-cess and failure and everything in between, that we don’t com-pletely understand. It’s a mystery.

s Robinson: Will Students First make it easier to use data inguiding and developing principals and teachers?

u Hunter: I think so. One of the items that was stripped out ofthe bill was a connection to achievement. It was important tothe drafters of this bill that achievement be included as one ofthe measures of effective teaching. I agree with that. It causedproblems in the bill because it was not very well understood— how it would function, how it would play, how it would beapplied. And what I submitted to Sen. Pittman and Rep.Fincher was that I felt that the state board could do that piecebetter. I didn’t oppose that being stripped out of the bill, notbecause I don’t want to include achievement as a measure ofteaching success, but because I believe that the state board isable to be more responsive and nimble and do that better. You will recall that when I testified, I spoke of improvement

models, which are important because students don’t all start inthe same place. What we expect from a teacher is a year’sworth of growth. And, to know what a year’s worth of growthis, you have to know where they start. I understand that.Through the use of technology and assessments and by archiv-ing and mining our data, we can know whether or not we’regetting a year’s worth of growth. Teachers themselves canknow where their own skills may be lacking and where theyaren’t being as effective as they could be. Through the use ofdata, teachers can also know where their students are startingfrom, where they are weak and where they are strong. Teach-ers know where they don’t need to put a lot of effort or where,as a whole, the class is not as good at something. So, data isimportant. In fact, it’s essential and must be used effectively.

s Robinson: Where do we go now that Students First haspassed?

u Hunter: We are going to make sure that it works. Sen. Pittmansaid that to me five times. We have to make sure it works. And,


The state school board is a statewide policy-making board.

That is our mission. Our mission is not to be meddling in the

affairs of the local school boards, except in areas where they

are not following the policies that we’ve set. — Mary Scott Hunter



he is so right. What we have to do now is ensure that localschool boards know how to implement it. It’s not an easything to put on a hearing. So, they need some training. Weneed to make sure that politics, favoritism and corruption arenot entering into decision making. Doing so is absolutely inantithesis to what this legislation was about. So, it’s veryimportant that we look at policies that will promote gooddecision making in this area.

s Robinson: Has the passage of Students First indicated thatthere has been a power shift in the way the Legislatureworks and the way education policies ought to be decided?

u Hunter: I think what you’re referring to is the Alabama Edu-cation Association’s past hold on politics in Alabama. Notjust education politics, all politics. It’s not healthy for anyone organization to be able to control so much. AEA hasdone a wonderful job and continues to do a wonderful jobrepresenting its teachers and employees. But, a change wasdue. No organization should be so powerful. I think thatthere is a shift now to a balance. A balanced approach topolicy and a balanced approach to legislation. And I thinkthat is very healthy.

s Robinson: Let’s talk about the value of strategic planningin education.

u Hunter: One of the items that I have been pushing for isstrategic planning. With my military background, I have acertain way that my mind works. It starts with strategicframeworks, strategic goals, strategic planning. Underneaththat, you fill in with the tactical goals, tactical planning. Atthe strategic level, you’ll find that it’s rather easy becauseyou get very little disagreement. A strategic goal may bethat we want a 95 percent graduation rate, and another maybe 100 percent of second graders are able to read. Theseare strategic goals that very few people are going to dis-agree with. It’s when you get down to the tactical level thatyou start disagreeing and having to rack and stack priori-ties. I believe the state board needs to lay our strategic goalsbecause if you don’t work your way backward from your


strategic goals, you don’t have a framework in which to fit inall of the items that you need to fit in to get to your goal.

In Montgomery, one of the things that I have learned isthat if a group or individual isn’t part of the planning, youcan’t get them onboard with you. If they’re not a part of theprocess that brought the plan into being, then they’re notgoing to support it. So, what’s extremely important for us asa state board to do is to first start with a strategic frameworkand then push that framework out to our stakeholders — allof them — to get their input. Then we’ll have a beefed upstrategic framework to go to the Legislature. I propose aretreat in the fall, inviting 30 members of the Legislature tocome to the retreat with the state board, and for us all toachieve via discussion of that framework a shared vision.Then, let’s turn that framework into a strategic plan, whichwould consist of strategic goals. I think that is the next mostimportant thing we can do, because everything that we do ineducation — from pre-k through 20 — is included in thatstrategic planning process.

s Robinson: As you go through that strategic planning process,are there any specific K-12 issues that you hope will beaddressed?

u Hunter: Definitely. As part of that strategic plan, one itemneeds to be vocational technical training. We have to pro-mote it. Business and industry are crying out for it. Anotherarea that we need to focus on is the graduation rate. An issue you’ll likely see me talking about everywhere is achievement.Recently, Alabama was ranked 25th in the nation in educa-tion. Of course, that’s not where we want to be, but that rep-resents a marked improvement from where we were. We didnot do as well as we should have in achievement. Our eco-nomic bookends, regional competitors Tennessee andFlorida, are putting a tremendous focus on achievement.States like Colorado are putting a tremendous focus onachievement. Again, I don’t desire to make all students littlerobots, but achievement is incredibly important. You will notmaintain your state’s prosperity, your state’s economic well-ness or a bright future unless you focus on achievement.Raising achievement needs to be one of those strategic goals.

s Robinson: Name a good book that you have read.

u Hunter: The Leader in Me by Stephen R. Covey. That wassomething that I read or am reading. It’s based on Covey’sSeven Habits of Highly Effective People, and this is a book thathas been adapted for use among students, elementary stu-dents in particular. It was given to me by the principal atJulian Newman Elementary School in Athens. Character edu-cation exposes students to why it’s important to do the rightthing for the right reasons and why it’s important to be aleader who says ‘yes’ sometimes but also knows it’s impor-tant to say ‘no’ sometimes. We don’t do enough charactereducation. We know we need to do more, and I wasintrigued by the idea of character education in this form.




These two women, and the staff, deserve all thepraise we can give them. Something this big, however,could not have come about without the efforts of theLeader to Leader program.E-mails went out from Lissa to Leader to Leader

board members to make sure that members of the stateLegislature knew our feelings about SB310, and weresponded. Calls were made and e-mails were sentand the bill passed.Having been involved with Leader to Leader from its

grassroots inception, I have seen time and time againhow effective this program can be. All it takes is for us,members of school boards, to get in contact with ourdistrict representatives and senators and to let themknow what K-12 public education needs. Trust me,they welcome this. They have no idea what we wantunless we let them know.Get to know your governmental leaders, so when

you e-mail them or talk to them, they can put a facewith what they are listening to or reading.During the early stages of trying to get the SB310 bill

passed, Lissa took me around in Montgomery at the

Alabama Legislature to talk to my district representa-tive and senator. What a thrill it was to hear my nameannounced on the House floor as they welcomed meas a special guest!My representative took the time to call me from the

floor and invite me to lunch. While my senator wasbusy, he made sure he called me the next day, and wehad a great talk about the Students First bill and whatit would mean for our students and our schools.It was not their first time speaking with a local

school board member.It’s a good idea to take the time to invite your gov-

ernment leaders to your school system for a breakfastmeeting or for a public meeting during which they can answer questions. It’s also a perfect time to thankthem for the interest they have taken in what is impor-tant to your school system or to education in Alabama.A meeting that we had when I first became a part ofthe Leader to Leader program was especially success-ful. We invited several district representatives and sen-ators to a meeting comprised of several school boards.It was great because it was an election year, so they allcame or sent someone to represent them.They all were given time to speak, to introduce

themselves and to tell what they felt were the bigissues coming up in the state Legislature that involvededucation. They also took the time to answer ques-tions from the board members in attendance.Afterward, we had refreshments, and board mem-

bers were able to meet the members of the state Legislature on a very casual and informal basis.This is what Leader to Leader is all about, interacting

with our leaders in the capital city. As we have seen,it really works! n

CONTACTS MAKE THINGS HAPPENBy Lori Tippets, a member of Leader to Leader

We have all just witnessed what can happen when people work together to achieve a common goal.

AASB Executive Director SallyHowell along with Director of Governmental Relations LissaTucker worked endlessly to passSenate Bill 310, putting our Students First. They had the help

of an incredible AASB staff who also spent manyhours on this monumental legislation.

Lori Tippets



Termination NoticesThe fundamental elements of due process require anemployer to provide an employee with notice and theopportunity to be heard before his property interestcan be affected. The Students First Act does notnegate that requirement. School boards will stillhave to give notice to the employee that his orher termination is being recommended for oneof the reasons listed in the act and supply factsthat support the reason given. Under Students First, employee notice

changes as it relates to the extent of dueprocess given in that notice. Traditionally,under the tenure and fair dismissal acts,school boards have given employees noticeof due process beyond board action even if theemployee did not request a board conference.This will no longer be necessary under StudentsFirst. Instead, employees will be informed of theirright to request a hearing. If a hearing is requestedand the board votes to terminate the employee, then

the employee will be given written notice of the deci-sion with an explanation of the right to an appeal as pro-

vided by the Students First Act.

Transfer NoticesAlthough many of the transfer scenarios under Students First will not

require a hearing or afford any right to an appeal, school boards should,at a minimum, still give the employee written notice of the action takenby the board.

TenureAlthough not having the word “tenure” in the original version of the

Students First bill caused a great deal of debate, the actual word — now in the enacted legislation — has no effect on school boards. Whether the verbiage is “tenure,” “continuing service status,” “permanent employee” or

STUDENTS FIRST ACT FREES BOARDS

EDUCATION & THE LAWBy Ramadanah Salaam Jones, Montgomery County school board attorney

Recent passage of the Students First Act is a welcome change to the Alabama Teacher Tenure Act and Alabama Fair Dismissal Act, which for many years held school boards hostage to inconsistent arbitrator decisions

and extended compensation for terminated employees. Students First will require local boards to adopt and apply new methods of implementing personnel actions.



“nonprobationary status,” our only concern is the rights affordedto the employee. The timing of when an employee receives cer-tain rights as a tenured or nonprobationary status employee isnow clearly defined in Students First.

The old tenure act previously granted continuing service status upon a teacher once the teacher had been employed bythe board for three consecutive school years and re-employedfor a fourth. What exactly did that mean? According to the Alabama appellate courts, any employment during a schoolyear counted toward gaining continuing service status. (Springfield v. Talladega City Board of Education, 628 So. 2d704 [Ala. Civ. App. 1993].) Therefore, even teachers who startedwell after the beginning of the school year were given credit forhaving served the entire school year.

Under Students First, a teacher will have to be employedprior to Oct. 1 of the school year and complete the school yearfor that year to count toward attaining tenure status. Classifiedemployees gain nonprobationary status in the same manner asteachers under Students First.

The new legislation also prohibits certified tenured servicefrom counting toward classified nonprobationary status serviceand vice versa. The tenure and fair dismissal acts were silent onthis issue, but the Alabama Supreme Court has at least on one occasion allowed a tenured, certified employee to applyhis tenure toward a classified position. (Ex parte Oden, 495 So.2d 664 [Ala. 1986].) The court justified this decision based uponthe premise that the old tenure act should be liberally construedin favor of the teacher. Now, the issue is no longer ambiguousand courts have clear language to cite in future cases.

DismissalTermination or dismissal under Students First provides a

meaningful role for the board. The tenure and fair dismissal actsprovided the employee with an optional conference before theboard and a full evidentiary hearing before an arbitrator.

Now, there is a full evidentiary hearing before the board. Theboard will have the charge of weighing the evidence, consider-ing all of the facts and rendering a decision. The compensationto a terminated employee ends after the board’s hearing forspecified grounds but others receive 75 days of severance pay.The appeal of a termination no longer requires the appointmentof a hearing officer (arbitrator) from the Federal Mediation andConciliation Services and instead allows parties to choose ahearing officer from a panel of neutrals (retired Alabama judges)supplied by the Alabama Bar Association. More importantly, thehearing officer must give deference to the board’s decision.

As a school board attorney, the termination process providedby the Students First Act gives great possibility for schoolboards to successfully terminate employees who have commit-ted egregious acts with a lessened fear that the decision will beoverturned by an out-of-state arbitrator who is not accountableto the public.

Nonetheless, the change places a great responsibility on theboard of education.

The board is given great authority and deference in terminat-ing an employee under the Students First Act, so the board isrequired to be present and involved in a hearing that allows theemployee to present witnesses, cross-examine the administra-tion’s witnesses and present their best case in favor of maintain-ing employment.

The faster elimination of compensation and elimination of thecriminal stay after the board hearing are other great changesunder Students First. My first Fair Dismissal Act case involvedan employee who admitted to the administration that she hadstolen money from a school’s child nutrition program. She evenpled guilty to theft charges related to the same incident. An easywin for the school board, right? Well, not exactly. Even thoughshe pled guilty to criminal charges, the employee contested hertermination and then requested a stay from the circuit court onthe termination proceedings until she was sentenced for hercrime. The court granted the stay because there was a possibil-ity that testimony given in the personnel hearing could affecther criminal sentencing. A year and a half later, the employeewas sentenced to probation and restitution and then retiredfrom the school system. She remained on payroll the entiretime. This was a classic case of an employee contesting simplyto take advantage of the continued compensation.

Updating PoliciesThe Alabama Teacher Tenure Act and Alabama Fair Dismissal

Act are repealed by the Students First Act. Any time a statute isrepealed, updating board policies is a must.

School boards should use this change in the law to createpolicies that model the advice that has been consistently givento us by the Alabama Association of School Boards, which is tocreate simple policies that can stand the test of time.

There is no need for us to recite the Students First Act verba-tim in our policy manuals. Many of our boards have referencesto the tenure and fair dismissal laws in their manuals. These

references should be eliminated to preventany argument that the school board intendedto confer any additional rights that are notgranted under the Students First Act. n

Ramadanah Salaam Jones is staff attorney for the Montgomery County Board of Education.

Free Students First Conference CallsJoin AASB from 1:30 to 3 p.m. on June 23

and June 29 for free conference calls on the new Students FirstAct of 2011. The calls will feature AASB Executive Director SallyHowell and veteran school board attorneys Carl Johnson andJayne Williams Harrell. To register, contact your board secretary.

52222-1 AASB_Alabama School Boards 6/23/11 8:22 AM Page 33



School BoardVestavia Hills

HometownVestavia Hills

How long have you been a board member? 6 years

Books at BedsideLoving Our Kids on Purpose and the Bible

InspirationI have always been inspired by individualswho, because of faith, courage and perseverance, never give up and, therefore,achieve their dreams.

Motto as a Board MemberEvery human being has immense value andthe ability to learn.

Walter Mitty FantasyI’ve always wanted to own a major leaguebaseball team.

Advice to New Board MembersAttend as many AASB conferences and trainings as possible.

Greatest Accomplishment as a Board MemberThis is a really difficult question to answer.It’s much easier for me to recognize theaccomplishments of others.

Pet Peeve as a Board MemberResistance to and/or fear of change.

Reason I Like Being an AASB MemberIt has afforded me the opportunity to be part of an extraordinary group of individualswho have dedicated their time, talents andlives to serving the children of Alabama.

My EpitaphNo greater love is this, that a man lay downhis life for a friend. n

AT THE TABLE

KimBenos

s Robinson: Well, career technology is a huge piece of our curricu-lum, particularly in the middle and high schools. In fact, there hasbeen a lot of discussion about taking career tech down to the ele-mentary schools. Are you familiar at all with Project Lead the Wayas part of the career tech effort?

u Hunter: We need to do a better job in career tech. Right now, wehave issues with making sure that the Perkins money gets spent oncareer and technical education. (The Perkins Act provides federalfunds for vocational-technical programs and has been deeply cutfor 2011.) We know that’s not always being done like it should, sowe’ve got to focus on that. We also need to acknowledge the factthat we haven’t done a really good job of listening to business andindustry and them telling us what they need. We have good jobsavailable for students who get just a little bit of training out of highschool, and they can make a good five-figure income. The linebetween white collar and blue collar and between professionaland non-professional is getting awfully thin in some areas, andbusiness and industries are crying out for skilled workers. Theyneed them.

s Robinson: That’s going to mean a real shift in the way public edu-cation works with the state college system and with the chambersof commerce and with business.

u Hunter: You’re right. We need to be responsive. It’s not practicalnot to be.

s Robinson: Let’s talk about the relationship that you have discov-ered between local boards and the state board and how you thinkthat relationship could be enhanced.

u Hunter: I get a lot of calls from constituents that view me as a sortof appeal authority – from the local board it then comes to me andmaybe I can give them redress. Sometimes I can and sometimes Ican’t. The state school board is a statewide policy-making board.That is our mission. Our mission is not to be meddling in the affairsof the local school boards, except in areas where they are not fol-lowing the policies that we’ve set.

s Robinson: Really, there is no control or authority there. u Hunter: I don’t see it as a control or authority. The local boards

have been set up to be very independent, and I am very, veryrespectful of that. On the other hand, I want to bring them all theresources that I have and have access to. In District 8, I think it isso important that I visit the local school boards. I have been toevery single one and have had meetings here in Huntsville with allthe superintendents in my district. My role is to be available tothem as a helper. If they want advice, then I’ll give it. I have to bere spectful of their independence.

s Robinson: If you had every school board member and everysuperintendent in the state here in this room, what one messagewould you want to give to them?

u Hunter: Leadership is everything. You’ve got to exercise it, be causeif you don’t, there is no expectation that you will have any successin an individual school or individual system. n



Alabama Association of School Boards

Professional Sustaining Members

APartnershipThat Works!AASB appreciates these professional members for supporting association activities and you all year long.

PREMIERSustaining Members

• eBOARDsolutions, Inc.Lawrenceville, GA . . . . . . . . 770/822-3626

• Furtal Media, LLCDallas, TX . . . . . . . . . . . . . . . 214/349-3385

• High Ground Solutions - SchoolCastBirmingham, AL . . . . . . . . . 205/988-5884

BUSINESSSustaining Member• Alabama Beverage Association

Montgomery, AL

PLATINUMSustaining Member• American Fidelity Assurance

Birmingham, AL . . . . . . . . . . . . . . . . . . . . . 205/987-0950

SILVERSustaining Members• Ellis Architects

Tuscaloosa, AL . . . . . . . . . . . . . . . . . . . . . . . . 205/752-4420

• Goodwyn Mills & Cawood, Inc.Montgomery, AL . . . . . . . . . . . . . . . . . . . . . . 334/271-3200

• Hoar Program ManagementBirmingham, AL . . . . . . . . . . . . . . . . . . . . . . . 205/803-2121

• Johnson ControlsBirmingham, AL . . . . . . . . . . . . . . . . . . . . . . . 205/217-6762

• Kelly ServicesDothan, AL . . . . . . . . . . . . . . . . . . . . . . . . . . . 334/673-7136

• McKee & Associates Architecture& Interior DesignMontgomery, AL . . . . . . . . . . . . . . . . . . . . . . 334/834-9933

• Schneider ElectricBirmingham, AL . . . . . . . . . . . . . . . . . . . . . . . 205/356-3646

BRONZESustaining Members• Barganier Davis Sims Architects Associated

Montgomery, AL . . . . . . . . . . . . . . . . . . . . . 334/834-2038

• Columbus Bank & Trust (CB&T Card Services)Columbus, GA . . . . . . . . . . . . . . . . . . . . . . . . . 706/644-0283

• Hecht Burdeshaw ArchitectsOpelika, AL . . . . . . . . . . . . . . . . . . . . . . . . . . . 334/826-8448

• JBHM Education GroupJackson, MS . . . . . . . . . . . . . . . . . . . . . . . . . . .601/987-9187

• Krebs Architecture & EngineeringBirmingham, AL . . . . . . . . . . . . . . . . . . . . . . . 205/987-7411

• M.B. Kahn Construction Co. Inc.Huntsville, AL . . . . . . . . . . . . . . . . . . . . . . . . . 803/360-3527

• Payne Lee & Associates ArchitectsMontgomery, AL . . . . . . . . . . . . . . . . . . . . . . 334/272-2180

• PH&J Architects, Inc.Montgomery, AL . . . . . . . . . . . . . . . . . . . . . . 334/265-8781

• SACS CASIMontgomery, AL . . . . . . . . . . . . . . . . . . . . . . 334/244-3163

• Siemens Building Technologies, Inc.Pelham, AL . . . . . . . . . . . . . . . . . . . . . . . . . . . 205/403-8388

• TCU Consulting ServicesMontgomery, AL . . . . . . . . . . . . . . . . . . . . . . 334/420-1500

• David Volkert & Associates, Inc.Architects and EngineersMobile, AL . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251/342-1070

SUSTAINING MEMBERS• Alabama Supercomputer Authority

Montgomery, AL . . . . . . . . . . . . . . . . . . . . . 334/242-0100

• Almon Associates Inc.Tuscaloosa, AL . . . . . . . . . . . . . . . . . . . . . . . 205/349-2100

• Davis Architects Inc.Birmingham, AL . . . . . . . . . . . . . . . . . . . . . . . 205/322-7482

• Energy Systems GroupHelena, AL . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205/994-0490

• Evan Terry Associates, P.C.Birmingham, AL . . . . . . . . . . . . . . . . . . . . . . . 205/972-9100

• Gallet & Associates, Inc.Birmingham, AL . . . . . . . . . . . . . . . . . . . . . . . 205/942-1289

• Information Transport SolutionsWetumpka, AL . . . . . . . . . . . . . . . . . . . . . . . . 334/567-1993

• Interquest Detection CaninesDemopolis, AL . . . . . . . . . . . . . . . . . . . . . . . . 334/341-7763

• KHAFRA Engineers, Architectsand Construction ManagersBirmingham, AL . . . . . . . . . . . . . . . . . . . . . . . 205/252-8353

• Lathan Associates Architects P.C.Hoover, AL . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205/988-9112

• Seay Seay & Litchfield P.C.Montgomery, AL . . . . . . . . . . . . . . . . . . . . . . .334/263-5162

• Southland International Bus SalesBirmingham, AL . . . . . . . . . . . . . . . . . . . . . . . 888/844-1821

• Synergetics DCSStarkville, MS . . . . . . . . . . . . . . . . . . . . . . . . . 662/461-0122

• Transportation SouthPelham, AL . . . . . . . . . . . . . . . . . . . . . . . . . . . 205/663-2287

• Thompson Engineering, Inc.Mobile, AL . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251/666-2443


Non-Profit Org.U.S. Postage

PAIDMontgomery, ALPermit No. 34

Alabama Association of School BoardsPost Office Drawer 230488Montgomery, Alabama 36123-0488


Documents

2011 Summer Alabama School Boards Magazine