CAPSO Midweek E-Mailer
   California Association of Private School Organizations 
September 11, 2013 
Volume 7, Number 2
In This Issue

-- How Will ESEA Waivers Affect Private Schools?

-- CPSAC Announces Fall Workshops

-- Quick Takes

-- Let's Be Reasonable

-- Publication Note

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How Will ESEA Waivers Affect Private Schools?
Last month, the Obama Administration granted waivers to a coalition of 8 California school districts, exempting them from various provisions of the federal Elementary and Secondary Education Act (ESEA).  The districts -  Fresno Unified, Long Beach Unified, Los Angeles Unified, Oakland Unified, Sacramento City Unified, San Francisco Unified, Sanger Unified, and Santa Ana Unified - are members of a consortium known as the California Office to Reform Education, or CORE.

Among them, the CORE districts educate more than 1 million students - a number surpassing the total K-12 enrollment in various states.  One is considerably less likely to hear that the "CORE districts" were also home to 465 private schools in which a total of 115,003 students were enrolled during the 2012-13 school year.  The ESEA waivers may impact some of these students, as well as those who teach them, in any of several different ways.

In addition to exempting the eight "CORE" districts from various ESEA testing and accountability provisions, the recently granted waivers expand a district's flexibility to transfer funds from the following two programs:

1.  Title II, Part A (Improving Teacher Quality State Grants)
2.  Title II, Part D (Educational Technology State Grants"

The waivers permit districts to transfer up to 100 percent of the (non-administrative portion of the) funds they receive for the above two programs into either one of the two, or into Title 1, Part A.  Thus, a district could opt to transfer the entirety of its Educational Technology allocation to Title II, Part A, for the purpose of better supporting the provision of professional development.  Or, it could decide to transfer the bulk of its funding for both Title II, Part A, and Title II, Part D, to Title 1, Part A.  (The law prohibits the transfer of funds out of Title I, Part A.)

Because many private school teachers and administrators participate in professional development programs funded with federal Title II, Part A allocations, the expanded flexibility afforded waivers-receiving districts should be of interest.  Under terms of the waivers, Title II, Part A funding could remain approximately level (the effects of "sequestration" notwithstanding), could increase very modestly, or could experience various degrees of decrease.  How are private school leaders to know what their respective districts intend to do?
 
The answer is that receipt of ESEA waivers does not exempt the CORE districts from engaging appropriate private school officials in timely and meaningful consultation.  This means that prior to making any decisions that can affect the participation of private school students, teachers, or administrators, districts must consult with their private school contacts.  All final decisions regarding the transferability of funds remain at the discretion of the public school district, but howsoever they may decide to transfer funds, districts must consider the views of private school officials first.

If your school is located within the boundaries of one of the eight CORE districts, and your faculty participates in professional development programs funded with federal Title II, Part A dollars, CAPSO suggests that you not wait for an invitation to a consultative meeting.  Instead, contact the district staff member who oversees private school participation in Title II, Part A, and ask to be consulted with respect to the transferability of funds permitted by receipt of the ESEA waivers before the district makes any decision that could impact your faculty's participation.  (A link to a back-up document is provided, below.)

One other consideration to keep in mind with respect to Title II, Part A funds is that the law includes a "hold harmless" provision that is not affected by the waivers.  This provision establishes a minimum amount of funding that must be provided to support professional development activities for private school educators.  The amount is equal to the proportionate share of the combined sum of Eisenhower Professional Development Program, and federal class size reduction funds earmarked for professional development in the year prior to the implementation of the No Child Left Behind Act (2001-2002).  (A link to a back-up document is provided below.)

Funding for Title I, Part A dwarfs that of all other ESEA programs.  This is the component of the federal education law whose purpose is to close the "achievement gap."  A significant number of private school students receive various benefits funded by Title I, Part A dollars - funds that remain under the control of local public school districts, but are used to provide various forms of assistance to students found to be at-risk of academic failure.  These students reside within Title 1 service areas - areas in which a significant incidence of poverty has been documented - and attend private schools.

Existing law requires a school district to reserve a certain percentage of its Title I, Part A allocation for certain specified activities.  These include the provision of supplemental education services (SES), transportation enabling students enrolled in a persistently under-performing school to attend another (public) school, and professional development.  The waivers will generally permit the CORE districts to now use these funds as they please, within Title 1 parameters.  While neither SES, nor transportation funding in support of "public school choice" were subject to private school equitability requirements, funds that are "freed up" under terms of the waivers can be used in ways that benefit academically at-risk students enrolled in private schools.  For example, the "freed up" funds could be used to increase the Title I, Part A per-pupil allocation for all children eligible for receipt of services, regardless of the type of school they attend.

As is true of funds transferred into or out of Title II programs, the waivers-receiving districts must engage private school officials in timely and meaningful consultation before any decision is made that can affect the participation of students.  If your school includes students eligible for receipt of Title I, Part A services who reside in one of the eight CORE districts, be proactive and request a consultative meeting with your district's Title I contact.

The U.S. Department of Education has furnished a FAQ on ESEA flexibility provisions that has been updated to address the impact of waivers.  You can view and/or print a copy of the (six-page) document in Microsoft Word format, here, or, in PDF format, here.

In the above-cited document:
  • Item B-10b (Pages 2-3) points to the waivers-receiving districts' obligation to consult with private school officials regarding the use of "freed up" Title 1, Part A funds.
  • Item B-22 (Page 4) presents the requirement that waivers-receiving districts must consult with private school officials regarding the transfer of funds to, or from Title II, Part A, or Title II, Part D.  Note that this item contains the following provision:  "With respect to the transferred funds, the SEA or LEA must provide private school students and teachers equitable services under the program(s) to which, and from which, the funds are transferred, based on the total amount of funds available to each program after the transfer." 
  • Item B-22a (Pages 4-5) explains Title II, Part A's minimum funding ("hold harmless") requirement.

The ESEA waivers are valid for one year, subject to renewal.  Therefore, the waivers-receiving districts will need to make decisions concerning the transferability of funds ASAP.  If your school's students and staff can be impacted by waivers-related transferability provisions, don't hesitate to politely remind your district contacts of their consultative obligations.  Ensuing meetings should not begin with district officials announcing, "Here's what we've decided..."  The views of private school officials must be considered prior to such decision making on the part of a district.   

CPSAC Announces Fall Workshops
The California Private School Advisory Committee, K-12 is pleased to announce several multi-day professional development workshops for private school educators.  Each of these high-quality-at-low-cost programs is funded in part by Title II, Part A of the federal Elementary and Secondary Education Act, and is provided in cooperation with the California Department of Education. 

Below, you will find basic information about each workshop. Please click on the relevant accompanying links for descriptions of each program's content, information about the presenters, and downloadable registration forms.
 

Great Performances:

Creating Classroom-Based Assessment Tasks 

 

A three-day workshop for private school teachers

and instructional staff of grades 4-12

  

Click here for additional information and registration form. 

 

 

PresenterLarry Lewin, M.S.

 

Dates:         October 8 & 9 and November 6, 2013

Times:        8:30 a.m. to 3:00 p.m., each day 

 

Location:

 

                   St. Timothy's Lutheran School 

                   5110 Camden Ave. 

                   San Jose, CA  95124 

 

Registration Fee:  $50.00 per person if postmarked or faxed on or before September 27, 2013.  Otherwise, $65.00 per person.  Fee covers all three days of the program and includes materials, continental breakfast, and lunch.  


About the Workshop:

With the desire to improve assessment comes the need for improved assessment tools. Learn a number of teacher-designed authentic performance tasks and accompanying scoring mechanisms that help teachers in grades 4-12 measure student understanding of content topics in any class, for all subjects, and across the grade levels. Because they are classroom-based, and tied directly to the curriculum, they provide an alternative to the more distant standardized tests. 

 

Learn more about this workshop by clicking here.

 

About the Presenter:

 

Larry Lewin, a classroom teacher for 24 years at the elementary, middle, and high school levels in Oregon, now consults nationally on educational topics of interest.


He served as the Eugene School District's teacher on special assignment for Language Arts, was a member of the state of Oregon's New Standards Committee, and now is an adjunct professor at the University of Oregon's College of Education. He is the author of nine books for educators and has articles published by ACSD, Educational Leadership, Scholastic and Instructor magazine.


Since 1992 he has presented seminars for the Bureau of Education & Research, ASCD, numerous regional conferences and since 2009 presents for Staff Development Workshops. He has presented educational workshops in 46 states and 4 countries.  

 

_____________ 

 

Student Engagement and Higher Order 

Comprehension & Thinking Skills for the 21st Century 

 

A three-day workshop for private school teachers

and instructional staff of grades 4-12

  

Click here for additional information and registration form. 

 

  

PresenterJulie Adams, M.A.T., NBCT 

 

Dates:         October 16 & 17 and November 14, 2013

Times:        8:30 a.m. to 3:00 p.m., each day 

 

Location:

 

                   St. Francis de Sales School  

                   13368 Valleyheart Drive 

                   Sherman Oaks, CA  91423 

 

Registration Fee:  $50.00 per person if postmarked or faxed on or before October 4, 2013.  Otherwise, $70.00 per person.  Fee covers all three days of the program and includes materials, continental breakfast, and lunch.  


About the Workshop:

This fast-paced and interactive three-day workshop for 4-12th grade math, science, English, and social science teachers, aides, literacy coaches, instructional leaders, and administrators, will provide training in research-based content area strategies that engage and motivate students to develop the 21st century critical thinking skills necessary for success across ALL content areas.

Learn more about this workshop by clicking here.

About the Presenter:

Julie Adams, MAT, NBCT, is an energetic educator who has taught multiple content areas from kindergarten through graduate school. She is an internationally respected and highly sought after consultant providing 21st century critical thinking and content area literacy and writing trainings to public and private schools and universities worldwide.

Julie, founder of Adams Educational Consulting, is a Nationally Board Certified teacher and Educator of the Year, who equips teachers with engaging strategies that empower students with content area literacy comprehension, 21st Century skills and complex reasoning. In addition, she partners with the California League of Schools and the National High School Association to provide training in and implementation of Professional Learning Communities and Response to Intervention models for increased student achievement.

Her published books include the teaching series: Teaching Academic Vocabulary Effectively, Parts I-III and PDP Cornell Notes-A Systematic Strategy to Aid Comprehension.

Note:  This workshop will be repeated in Fontana on the dates, and at the location appearing below:

Dates:         January 15 & 16 and February 11, 2014

Times:        8:30 a.m. to 3:00 p.m., each day 

 

Location:

 

                   Water of Life Christian School   

                   7625 East Ave.  

                   Fontana, CA  92336

 

 

Assessing Student Progress

in the Standards-Based Classroom 

 

A two-day workshop for private school teachers

administrators, and curriculum directors of grades K-12

 

  

PresenterCarolyn Coil, Ed.D.  

 

Southern California Dates, Times and Location 

 

Dates:         November 20 & 21, 2013

Times:        8:30 a.m. to 3:00 p.m., each day 

 

Location:

 

                   St. Gregory A & M Hovsepian School  

                   2215 East Colorado Blvd. 

                   Pasadena, CA  91107

 

                                            - or -  

 

Dates:         November 18 & 19, 2013 

Times:        8:30 a.m. to 3:00 p.m., each day 

 

Location:

 

                   St. Norbert School   

                   300 East Taft Ave. 

                   Orange, CA  92865 

 

Registration Fee:  $50.00 per person if postmarked or faxed on or before November 4, 2013.  Otherwise, $65.00 per person.  Fee covers all three days of the program and includes materials, continental breakfast, and lunch.  

 

Click here for additional information and a registration form for either of the Southern California workshops. 

 

 

 

Northern California Dates, Times and Location:

 

Dates:         October 29 & 30, 2013 

Times:        8:30 a.m. to 3:00 p.m., each day 

 

Location:

 

                   St. Theresa School

                   4850 Clarewood Dr.  

                   Oakland, CA  94618

 

Registration Fee:  $50.00 per person if postmarked or faxed on or before November 1, 2013.  Otherwise, $65.00 per person.  Fee covers all three days of the program and includes materials, continental breakfast, and lunch.   

 

Click here for additional information and a registration form for the Northern California presentation of the workshop. 

 

 

About the Workshop:

This workshop consists of a two-day face-to-face workshop with Carolyn Coil PLUS three webcasts that can be used for follow-up and to share workshop insights with others in your school. Participants will learn about various types of assessments and the purposes of each. You will see practical ways to design units and assessments using the Common Core State Standards in conjunction with a variety of differentiation strategies.

 

BONUS - Webcast follow-up sessions!  (For workshops in all locations.)

 

In addition to the two-day face-to-face session, Carolyn will also be presenting three 20-minute video segments that can serve as a follow-up for session attendees and a discussion starter for those colleagues who were unable to attend the workshop.  The three video segments will encourage and support implementation of ideas presented during the face-to-face sessions.  (A webcast link will be emailed to attendees 2 weeks after the workshop. Attendees will be encouraged to take a "Train the Trainer" role and lead the follow up discussions with their colleagues.)

 

Click here for additional information about the Northern California presentation of the workshop. 

 

About the Presenter:

 

Carolyn Coil, Ed. D., is an internationally known presenter and educator. An enthusiastic, motivating, and energetic speaker, she has worked in the field of education for over 30 years. She has a master's degree in gifted and special education and a doctorate in educational leadership. Carolyn presents workshops for teachers and administrators on a wide variety of topics, including Assessment Strategies, Gifted Education, Differentiation, Common Core State Standards, Motivating Underachievers, and Developing Critical and Creative Thinking. She has taught at all grade levels and has been an Adjunct Professor at several universities.

 

Carolyn has presented at international, national, state, and local conferences and has presented workshops throughout the United States and in many countries throughout the world. She does many types of teacher training in individual schools, with small groups of teachers and with larger organizations.

 

She is the author of a number of best-selling educational books published by Pieces of Learning (www.piecesoflearning.com) and Mini-Pieces of Learning (www.minipiecesoflearning.com). She also presents online courses for Knowledge Delivery Systems (www.kdsi.org/carolyncoil)  

Quick Takes 
Green Ribbon Schools

Green Ribbon Schools (GRS) is a national awards program administered by the U.S. Department of Education that endeavors to bestow recognition upon schools "...that are exemplary in reducing environmental impact and costs; improving the health and wellness of students and staff; and providing effective environmental and sustainability education, which incorporates STEM, civic skills and green career pathways."

As was the case last year, the California Department of Education will nominate up to four schools - one of which will be a private school - for consideration by the USDE.  Last year, Prospect Sierra School in El Cerrito achieved the GRS designation in the program's second year. 
 
A letter from Dr. Paul Chapman, who is once again graciously and capably coordinating our state's private school application and evaluation process, provides preliminary information about this year's program, and can be accessed, here.  Additional information furnished by the California Department of Education is available, here.  Please note that the deadline for applications is December 27, 2013.


Green California Schools Summit

While in green mode, please consider attending this year's Green California Schools Summit, which will take place November 6-7, 2013, at the Pasadena Convention Center (in Pasadena).  According to program organizers, the Summit "was established to provide a meeting place for stakeholders in the greening of California's schools - from facility managers, finance officers, teachers and administrators to architects, engineers and curriculum developers."  The program will feature an array of breakout sessions, divided into five tracks on November 6, and four tracks on the 7th.  Workshop listings can be viewed, here.  The second day of the Summit will also feature two extended sessions, one dealing with changes to CalGreen (California's green building code), and the other addressing changes in the state's Building Code designed to bring accessibility requirements into alignment with the Americans with Disabilities Act. 

The Summit's registration page can be accessed, here.  If you register within the next couple of days - through September 13 - you'll be eligible for a significant discount.  Simply enter the code "CAPSO" to receive 20 percent off the full registration fee.  Discounts are also available for groups of four, or more.  For additional information, please call (626) 577-5700, or email [email protected]


Shake, Rattle & Roll

The 6th Annual Great California ShakeOut will take place October 17, 2013, at 10:17 a.m.  The ShakeOut has now grown into a worldwide earthquake preparedness program whose culminating Drop, Cover, and Hold On drill provides occasion to teach and learn about earthquakes, and how we can best prepare to survive them.  To that end, the program offers a bounty of resources for K-12 teachers including videos, interactive maps, activities, posters, and more.  Public and private schools throughout California participate in the ShakeOut.  Registration is easy, and free.  Just click here, and follow the simple directions.


2014 United States Senate Youth Program

California Superintendent of Public Instruction Tom Torlakson has issued a letter inviting all public and private high school principals/heads of school to nominate up to two outstanding juniors or seniors to participate in this year's United States Senate Youth Program.  Four finalists will be selected to participate as California's delegates in a week of intensive study of the federal government as guests of the U.S. Senate, from March 8-15, 2014, in Washington, D.C.  The William Randolph Hearst Foundation, the program's sponsor, will cover all expenses for the delegates, including transportation, lodging, and meals.  Additionally, each delegate will receive a college scholarship from the sponsor in the amount of $5,000.

Links to a 2014 program brochure, instructions, and a Frequently Asked Questions document are available on the California Department of Education website, here.  Questions about the program can be addressed to USSYP Coordinator David Carriker, either by phone (916-319-0173), or via email: [email protected]
Let's Be Reasonable
It is edifying to remind ourselves at regular intervals of the key findings in a U.S. Supreme Court decision handed down nearly ninety years ago. In Pierce v. Society of Sisters, the Court essentially affirmed the right of private schools to exist, when it issued a unanimous decision on June 21, 1925.  For those engaged in the sphere of private, K-12 education, the Pierce decision endures as the single most significant piece of relavent jurisprudence to have emanated from our nation's highest court.
 
While our first - and sometimes only - inclination when remembering Pierce, is to celebrate its affirmation of private schools' right to exist, we must remain mindful that the very same decision did not make that existence unfettered of state regulation.  In fact, through Pierce, the Court envisioned a state of balance between parental rights and obligations on the one hand, and the responsibility of the state, on the other.  The former consideration is famously enshrined in the following words, excerpted from Chief Justice James Clark McReynolds' opinion:
 
"The child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations."

With that declaration, the Court placed limits on the power of the state to educate, while underscoring the right of parents to direct their children's preparation for life.  However, prior to the aforementioned affirmation, the Court's opinion contains another declaration:

"No question is raised concerning the power of the State reasonably to regulate all schools, to inspect, supervise and examine them, their teachers and pupils; to require that all children of proper age attend some school, that teachers shall be of good moral character and patriotic disposition, that certain studies plainly essential to good citizenship must be taught, and that nothing be taught which is manifestly inimical to the public welfare."

In affirming the rights of parents, and upholding the existence of private schools, the Court in no way abandoned the regulatory authority of the state.  At the same time, the Pierce decision established that state regulation of private schools must be reasonable.

Against this background, you are invited to consider AB 928, a bill authored by California Assemblymember Kristin Olsen (R. - Modesto), whose intent it is to permit those private schools choosing to do so, to administer the California state assessment.  An examination of the bill as it was originally written and introduced, reveals a delightfully compact text that captures the author's intent with admirable economy: Notwithstanding any limitations imposed by existing contracts, standardized tests administered in California's public schools are to be available for purchase by private schools, with the added proviso that private schools wishing to administer the tests "...shall be responsible for all costs associated with the test, including administering the  test, training, and security costs."

As the bill was set to be heard before its first policy committee - in this instance, the Assembly Education Committee - concerns were raised regarding test security.  As the analysis of the bill prepared by committee staff noted:

"This bill provides that the private school would pay for all costs of administering the test, including security.  However, the CDE has no authority over private schools and would be unable to apply sanctions if security is breached.  In the case of public schools, a district's API score could be invalidated, which is a significant sanction."

To compensate for the lack of a "stick" comparable to the ability to invalidate a public school's Academic Performance Index score, committee staff proposed the following:

"To help ensure that private schools follow all security protocols and to protect the state's investment in the event of a private school breach of security, staff recommends that the bill be amended to require a private school or private school organizations to obtain a surety bond in an amount to be determined by the Superintendent of Public Instruction, but not to exceed $1 million."

Faced with the knowledge that the bill's chances of advancing were slim-to-none absent the inclusion of the surety bond provision, the bill's author agreed to accept the proposed amendment, and AB 928 eventually morphed into it's current version.  Just like that, a relatively simple bill became exceedingly complex, and at the center of such complexity is the question of what constitutes reasonable regulation on the part of the state.

The question of reasonableness summons both intrinsic and extrinsic considerations.  The purpose of the surety bond is "to protect the state's investment" in the assessments.  That investment, of course, is made with funds provided (in part, and perhaps disproportionately) by private school parents, who are no less "people of the state," than their public school counterparts.  In this sense, the state assessments belong to private school parents as much as to any Californian.  Not only have private school parents paid for the development of the tests; they also pay for the associated costs of revising the assessments if and when serious breaches of security are committed by public school students.

There are several extrinsic considerations, none of them simple.  If a serious breach of security (defined as a breach resulting in the invalidation of at least five percent of the assessments administered in a school) should occur in a private school, that entity may find itself on the hook for $1 million.  Should such a school find itself forced to close its doors, a number of students may transfer to, and remain enrolled in public schools.  If one third of the students enrolled in a private school of 300 students was to transfer to public schools, it would cost the state more than $800,000 for every year those pupils remained in the state-financed schools.  A policy designed to protect the state's investment could easily turn out to be cost-negative.

Another set considerations is occasioned by California's adoption of the Common Core State Standards, and the state's transition to a new assessment, one that over the course of several years will become completely computer based.  The new form of assessment will require a complete reworking of the security protocols, trainings, and administrative procedures that were developed for the current California Standards Tests.  At present, it is impossible to foresee what those policies and procedures will look like, let alone what they will cost.  Moreover, the Academic Performance Index will no longer be computed on the sole basis of test scores.  A variety of additional measures, including high school and middle school graduation rates, rates of absenteeism, reclassification of English learners, passage on Advanced Placement exams will enter into the mix.  These changes may serve to impact the nature of the leverage the state exerts over public schools for purposes of maximizing compliance with assessment security protocols.

Should you be wondering about practices elsewhere, nineteen other states currently permit private schools to administer their respective assessments.  None has established a surety bond requirement.  One assumes these states to have made investments in the development of their tests, comparable to that of California, and to have similar, perfectly legitimate concerns regarding test security.  When CAPSO brought this information to the attention of the bill's author, a key stakeholders meeting was quickly arranged. 

Thankfully, that meeting produced two welcome outcomes.  A representative from the CDE proved willing to explore reasonable alternatives to the surety bond provision, and staff to Ms. Olsen signaled the Assemblymember's willingness to hold the bill over to the beginning of the second year of the current legislative session, so as to afford time for stakeholder's to find a suitable alternative.  What made the meeting successful was a shared understanding of Pierce v. Society of Sisters, and a mutual desire to fashion a law that is reasonable.  For this, all parties are deserving of credit: private school representatives for acknowledging the right of the government to regulate, government representatives for acknowledging that such regulation ought to be reasonable, and both parties for validating the legitimacy of the other's concerns.

Much work remains to be done, but it's always encouraging to find common ground, particularly when it comes to matters of principle.

Ron Reynolds
Publication Note


The next edition of the CAPSO Midweek E-Mailer will be published October 9, 2013.