U.S. Supreme Court to Decide Racial Balancing Cases

By Larry Gavin

On June 5, the United States Supreme Court agreed to hear two cases that present questions concerning what public school districts may do, if anything, to racially balance their schools. The Court is expected to hear arguments in November and issue its ruling sometime after that.

The Court's decision could affect School District 65, which takes the race of students into account in deciding whether to grant students admission into King Lab and Bessie Rhodes magnet schools, whether to grant students permission to attend a school other than the student's attendance-area school, and whether to admit English dominant students into the Two-Way-Immersion program.

One reason District 65 operates the magnet schools is to racially balance the schools. The Board's policy manual states, "Admission to the magnet schools shall promote racial balance and relief of overcrowding both at the magnet schools and the attendance-area schools." The goal is to manage admissions to the magnet schools in such a way that no racial group exceeds 60 percent of the student body at any of the attendance-area or magnet schools.

The District also takes race into account in deciding whether to grant permissive transfers. The Board's policy manual states that "permissive transfers shall be based upon the impact they might have on the space utilization and racial balance of the schools involved."

On June 5 Paul Brinson, director of information services for the District, told members of the Board's Program/Policy Committee that the District takes the race of students into account in an effort to racially balance TWI classrooms in the District. He said the goal is that "the gender and ethnicity of the English dominant students should reflect the makeup of students in other classrooms at the program sites."

The cases the Supreme Court agreed to hear involve plans voluntarily adopted by school districts in Seattle and Louisville to racially balance their schools. The plans, which contain some features similar to District 65's, were upheld by Courts of Appeals for the Ninth and Sixth Circuits.

The Seattle and Louisville plans
The Seattle plan applies to the city's 10 high schools and is used to racially balance the schools that would otherwise be segregated due to segregated housing patterns. The high schools are all theme or "choice schools." If a school is oversubscribed by incoming ninth-grade students, the district applies prioritized "tiebreakers," one of which is the race of the applicant. The race-based tiebreaker is triggered if the racial makeup of the student body differs by more than 15 percent from the make-up of the students of the district as a whole. Other tiebreakers are whether a sibling attends the school and geographic proximity to a choice school.

The Ninth Circuit Court of Appeals, sitting en banc, upheld the Seattle plan applying the "strict scrutiny" standard, which requires that the government action be motivated by a "compelling state interest" and that the plan to achieve that interest be narrowly tailored. The court held that the school district demonstrated that "racial diversity produces a number of compelling educational and social benefits in secondary education," including that students developed "the ability to both understand and challenge views which are different from their own," and that "a diverse educational experience results in improvement in race-relations and the reduction of prejudicial attitudes." The court also held the district had a compelling interest in the "flip side," namely, "avoiding racially concentrated or isolated schools resulting from Seattle's segregated housing pattern"

The Ninth Circuit also held the use of the race-based tiebreaker was narrowly tailored to achieve the District's compelling interests and upheld the plan.

Linda Greenhouse, a reporter for the New York Times, said in a June 6 article that a concurring opinion by Judge Alex Kozinski in the Seattle case may be one of the more influential analyses, noting that his views carry weight among legal conservatives. Judge Kozinski argued the plan should be considered under a "rational basis standard" – a much less exacting standard than "strict scrutiny" – because the plan did not segregate the races but sought to promote integration. He said, "Not only does a plan that promotes the mixing of races deserve support rather than suspicions and hostility from the judiciary, but there is much to be said for returning primacy on matters of educational policy to local officials."

Four of the 11 judges who participated in deciding the Seattle case dissented. The dissenting opinion states in broad terms, "the District is engaged in simple racial balancing, which the Equal Protection Clause [of the Constitution] forbids."

In the Louisville case, the school district applied a "managed choice" plan to grades K-12 in all of its schools. The school district's plan contains three basic organizing principles: 1) management of broad racial guidelines; 2) creation of "resides" areas and elementary-school clusters; and 3) maximization of student choice though magnet schools, optional programs, open enrollment and transfers.

Each school is required to seek a black student enrollment of at least 15 percent and no more than 50 percent. Thirty-four percent of the students in the school district are black. With some modifications, the Sixth Circuit Court of Appeals upheld the plan applying the strict scrutiny standard.

School District 65
District 65 School Board member Jonathan Baum told the RoundTable he has been following court decisions addressing whether school districts may take race into account to racially balance schools and noted the Seattle plan had similarities to District 65's. "I would hope the Supreme Court finds that diversity is a compelling State interest that justifies taking race into account in these circumstances," he said. "I've been encouraging the Board to balance schools by income, which also has been shown to have an academic benefit," he added.

Mary Rita Luecke told the RoundTable, "One of the things we have been thinking of doing is looking at our policies this year and considering whether to balance the schools using low-income as a factor, not so much with a concern about the law but in order to improve achievement levels." She said the Board's policies should promote student achievement, and if high concentrations of low-income students make it more difficult to improve achievement, the Board should address that.

A number of school districts balance their schools by income, including Wake County, North Carolina, Cambridge, Massachusetts, St. Louis, Missouri and LaCrosse, Wisconsin. A Century Foundation Task Force states in a 2002 report, Divided We Fail: Coming Together Through Public School Choice, "eliminating the harmful effects of concentrated school poverty is the single most important step that can be taken for improving education in the United States."

Saying Farewell

Just days after District 202 Superintendent Dr. Allan Alson, center, gave his last commencement address, more than 200 persons gathered at the Woman's Club of Evanston to honor him for his work at Evanston Township High Schoo. The host committee, left to right, are Carol Mullins, former 202 Board member; Margaret Lurie, present 202 Board member, Nicki Pearson and Kathy Hardgrove, long-time civic leaders and volunteers at ETHS and the Evanston community.

"The first speech Alan gave as Superintendent to teachers drew a standing ovation," Ms. Pearson told the RoundTable." She said the committee had invited those teachers, present and former 202 Board members and elected officials as well as the Evanston community. Dr. Alson, who will continue to live in Evanston, will work for the Bill and Melinda Gates Foundation.

AG Finds No Open Meetings Act Violation

The Office of the Illinois Attorney General found that the District 65 School Board did not violate the Open Meetings Act when a compromise proposal relating to an African-centered curriculum pilot project was circulated to members of the Board by email on March 19, the day before the Board was scheduled to consider the matter in open session.

Then Board President Mary Rita Luecke sent emails to members of the Board, together with a compromise proposal, to determine if the Board could reach consensus on the compromise. The AG's office concluded there was no violation of the Open Meetings Act because "there is no evidence a majority of the quorum of the Board together discussed" the compromise proposal before the March 20 meeting. The AG's office concluded, however, that Ms. Luecke violated the spirit of the Act by inviting six members of the Board to deliberate and reach a consensus outside the context of a public meeting.

Ms. Luecke said in a prepared statement that individual discussions between members of the Board do not violate the Open Meetings Act and that "In sending an email to Board members, my intention was to seek individual feedback from each member of the Board regarding the African Centered Curriculum pilot…At no point did I intend to promote deliberation by the District 65 School Board outside the public eye. The purpose of the emails was to send a draft proposal that would be discussed at a public meeting of the Board on March 20, 2006."

Ms. Luecke added that she endorsed a recommendation made by the AG's office that the Board participate in a training session on the Open Meetings Act.

D65 Considers Wellness Policy

The District 65 School Board's Program/Policy Committee considered a "Wellness Policy" on June 5. The policy was drafted and recommended by the District's Wellness Policy Council, comprised of parents, representatives of school food and health services, teachers and members of the School Board. It is patterned after a model policy prepared by a State-wide committee.

Christine Frole, coordinator of food services for the District, outlined the policy for members of the Committee. The policy contains more than 50 guidelines relating to nutrition education, physical activities and food served at the schools. She said the District has already implemented most of the guidelines relating to food served in the lunch program.

The proposed policy recommends that the schools integrate nutrition education into the curriculum and provide students a minimum of 50 hours nutrition education per year, that elementary students participate in physical education a minimum of 100 minutes per week and middle school students for 200 minutes per week, and that food and beverages served on school campuses be consistent with the current Dietary Guidelines for Americans and Food Guidance System (MyPyramid) such as fruits, vegetables, low-fat and whole grain products.

Under the proposed policy, parents and teachers would be prohibited from bringing cupcakes, candy, pizza and many other items to school for a class to celebrate birthdays or other special occasions.

The focus of the Program/Policy Committee's discussion was whether the policy would apply to parents bringing food to school to share with other children, whether the policy would apply to pot luck dinners and fundraising events at the schools, and whether and how the policy would be enforced.

There appeared to be consensus that the policy would apply to food and snacks brought by parents to share with other children, but not to food packed by parents for their own children. There also appeared to be a consensus that the policy would not apply to activities outside the school day, such as pot luck dinners and fundraising events.

The proposed policy was referred back to the Wellness Policy Council to incorporate the Program/Policy Committee's comments as well as suggestions offered by several parents. The policy will be reviewed again by the Program/Policy Committee before being referred to the entire Board for action. A federal law enacted in 2004 requires District 65 to adopt a wellness policy by the beginning of the 2006-07 school year.

Survey Finds Homebase "Worthwhile" but Flawed

By Jennie Berkson

A majority of students at Evanston Township High School think the homebase program is worthwhile, but only slightly over half of the teachers facilitating the program consider it useful, according to a survey presented to the District 202 School Board on June 5.

The value of the eight-year-old program has been questioned in the past by the Critical Friends, a group of educators and other professionals recruited by ETHS administrators to provide a review that would satisfy education quality-control concerns from the Illinois State Board of Education (ISBE) and allow ETHS to earn a North Central Association (NCA) accreditation.

The Critical Friends report stated that homebase should either be eliminated or given "more accountability for both teachers and students." In addition, because homebase requires a different set of responsibilities for teachers, contract negotiations with the Teachers' Council revealed a need for a clearer definition of what the program requires of them.

During thedaily 18-minute period homebase period, 20 students meet with a facilitator who is expected to monitor student attendance and grades, complete administrative and logistical tasks, and provide opportunity for counselor-based activities, among other things.

The ETHS student handbook, The Pilot, says the purpose of homebase is to help students "develop bonds, gather information and discuss issues which will better equip them to deal with the academic and social issues and challenges they face."

The program now costs $130,000 in faculty stipends, a reduction of $120,000 from previous years because, says superintendent Dr. Allan Alson, "More teachers elect to take preparation time instead of a stipend in exchange for doing homebase."

A preliminary survey was conducted in the 2004-2005 school year, but the response rates from homebase facilitators were fairly low and the results primarily anecdotal. The Board requested that a more formal study, which was completed this spring.

A total of 3,000 surveys were distributed to students and 206 to facilitators; 52 percent of students and 53 percent of teachers responded. Dr. Judith Levinson, director of research, evaluation and assessment, said she did believe the results of the survey were representative.

According to the report presented to the Board, the survey determined the majority of students "find homebase helpful and worthwhile."

More than 80 percent of students feel their homebase facilitator is helpful and cares about them, although only 42 percent of students said the facilitator knows them better than other teachers do.

The report also concluded, based on the survey, that students benefit from homebase by having their attendance monitored, receiving information about school and counseling activities, and getting to know students they might not otherwise meet in their classes.

Although only 57 percent of facilitators think homebase is useful, most feel close to students (84 percent) and have a good rapport them (96 percent). Tardiness is a problem in homebase; only 56 percent of facilitators reported that students arrive on time, and only 46 percent consistently enforce the tardy policy in homebase.

Board member Missy Fleming asked if perhaps too much was being asked of homebase, while Board member Rachel Hayman suggested that the homebase facilitator do more: helping "building bridges to parents" and being a "third party" who knows the student in situations of difficulty.

Board member Martha Burns said, "Ever since the program has been implemented, we've been discussing the same issues of accountability, and the report doesn't get us closer to that." Board President Ross Friedman said he was not convinced homebase was working to its potential.

Associate Principal Bruce Romain pointed out that homebase will be limited to four days a week next year. School will begin at 8:50 on Mondays to allow teachers to meet in Professional Learning Communities and homebase will not be held.

Yet Dr. Alson, who is retiring this year, supports Homebase: "I strongly believe that some form of homebase/advisory is essential for ETHS," he wrote in the cover letter to the survey report. "Size alone demands structures to personalize the school environment and foster better patterns of communication and support for students."

His suggestion was to use a block-schedule approach to "incorporate a Homebase-type program in a manner that may be more efficient and effective for students and staff." He said, "It is time to bring this issue front and center" and recommended that the new Superintendent, Dr. Eric Witherspoon, "if he agrees, work with faculty and administration to begin such a study as soon as it is feasible."

Extracurricular Academic Plan Has Good results, But Few Participants

By Jennie Berkson

A program started in the spring of 2004 has shown some short-term effectiveness in improving student academic performance, but is not being used by many students, according to a report presented to the District 202 School Board at its meeting on June 5.

The Extracurricular Academic Plan (EAP) was developed in response to the ETHS eligibility standard of a 2.0 grade point average (GPA) for students who wish to participate in extracurricular activities, including athletics. The EAP provides students with GPAs in the previous semester of 1.7 to 1.99 with a one-time opportunity to continue to participate in extracurricular activities while receiving focused support and fulfilling the requirements of a contract. Approximately 150 students fall into this GPA range each semester. All students can participate in this program, but juniors and seniors are only accepted if they have a cumulative GPA of 2.0 or higher prior to the semester in which their GPA fell below 2.0.

The program was controversial when first approved in 2004, as some administrators and faculty felt that there were already sufficient supports in place to assist struggling students. However, parental and Board interest was strong enough to support the program with the agreement that it would have a sunset clause requiring it to be reviewed in two years.

Originally, Superintendent Allan Alson supported the program reluctantly. In the report presented on June 5, he suggested discontinuing the program, saying, m,"I am dismayed by the small number of students who take advantage of the program … despite good marketing efforts. … When is the concentration of resources too much?" He acknowledged that "some students need structural support."

Dan Vosnos, extracurricular academic support advisor and associate athletic director, presented the report on the program to the Board. Since its inception, a total of 42 students have enrolled in the program, an average of six per semester. Only 75 percent of them have completed the program; of those, 84 percent achieved a 2.0 or higher GPA for the semester they participated in the EAP. No statistics were provided about what happened to the students after that.

While acknowledging the small numbers of students taking advantage of the program, Mr. Vosnos advocated its continuation. "We are just scratching the surface with some of these children," he said.

"I am all for a semester of forgiveness," said board member Rachel Hayman, "but we do have other supports in the school to assist students with academic challenges, like coaches or teachers."

Mr. Vosnos acknowledged the other supports, but also pointed out that 65 percent of the athletic coaches are not in the bulding during the day, since they work in other places.

Board member Martha Burns recalled her personal experience with eligibility issues. "Having had a son who just missed eligibility and was very disappointed, I support continuation of the program," she said.

"How much is too much to save a student?" remarked Board member Mary Wilkerson. She said that students who participate in extracurricular activities do better in school and that providing additional supports to assist students in maintaining eligibility would have a long-term positive effect.

Dr. Alson said the total budget for eligibility support programs is $24,000. He proposed that "this program is costly to administer for relatively few student benefits."

The Board requested that Dr. Alson and Mr. Vosnos provide information about what happened to the 31 students who achieved a 2.0 or greater GPA as a result of the EAP. The Board will vote on continuation of the program at its June 19 meeting

KEB Essay Winners

On May 11, Keep Evanston Beautiful, Inc. presented four kindergarten through second-graders and four third- through fifth-graders with awards for outstanding essays submitted to the 17th Annual Earth Day Contest: The Green Future of Evanston. The kindergarten through second-graders were asked to write a letter to City Manager Julia Carroll explaining why taking care of the environment is so important and to answer this question: "What might you do, either by yourself or with your friends, family or neighbors, to take care of Evanston's environment for future generations?" Here are the winning essays from those grades:

Give Back What You Take
By Conor Harrigan, St. Athanasius; Miss McKenna, Teacher
Dear Ms. Carroll:

I would like to help make Evanston as clean as possible. There should be a law to give back whatever we take from nature and make up for it.

We should use our garbage and try to make it fertilizer.

We should be sure to recycle all our used paper, glass, and plastic too.

It's important to keep the environment clean of food, because food lying around means overly aggressive animals, because it disrupts their feeding patterns.

Those are good reasons to help the environment.

Pick up Trash and Plant Flowers
By April Taylor, Oakton School; Mrs. Berry, Teacher

To make Evanston more beautiful and clean I would pick up garbage. I would rake up leaves and I would plant pretty flowers so that Evanston will look even more beautiful.

Our Family Will Cut Down on Trash
By Arij Virani, Dr. Bessie Rhodes Magnet School; Ms. Hill, Teacher

My name is Arij Virani and I am 6 years old. Yesterday me and my class watched the movie on "Recycling." They also showed us how we all are building up more trash and our Land is covered with more trash now than ever before. I discussed following ideas with my family members which will help us to keep Evanston clean and ready for the future generation. I am a Daisy Girl Scout, so I have talked to my leader and she said our troop will try to go to the neighborhood parks to pick up litter every other Saturday.

My mom and I will plant trees in our neighborhood, where there is an empty field. Me and my brother will use regular china and silvers for our birthday parties so we can wash them after use instead of throwing away. My mom who loves shopping will go to more hand-me-down stores than buying new clothes. My old clothes will always go to hand-me-downs.

My dad promised that he will bring groceries in the brown bags and will buy cereal boxes which can go in recycling bin.

My mom brings school supplies made from recycled materials only.

My aunt, who just had a baby, will use cloth diapers instead of disposable diapers.

My mom said I can be a Trash Inspector in the house and in the school, so I can decide which items can go in the recycling bin or trash. I think these are a few steps me and my family will take to make our Evanston clean and beautiful place for people to live in.

Help Evanston Stay Pretty
By Laticia Torrez, Washington School; Mr. Candimill, Teacher
Dear Mrs. Carroll:

To take care of Evanston environment I would give letters out saying people of Evanston please stop littering and keep Evanston beautiful. We could put recycle bins next to garbage cans in the parks. Also put up no littering. I would give prizes for walking and not driving cars – this way people get exercise. I would make a special paint so that graffiti will not stick to it. And the last thing ask every one to donate old stuff to the Salvation Army store so they can help the needy.

Please help Evanston stay pretty.