The following are among some of the bills that (generally) became law on January 1, 2014, and contain provisions relating to private schools.  To access the full text of a particular measure, please click on the bill number.

AB 56 (Weber) School facilities: carbon monoxide devices.

Prior to July 1, 2015, the new law mandates that the State Fire Marshall shall have proposed "appropriate standards for the installation of carbon monoxide devices in school buildings."  The new standards "shall require carbon monoxide devices to be installed in public and private school buildings" that meet the following criteria:
 

• The building is constructed pursuant to the 2016 California Building Standards Code, or any of its amendments;
• The building is used for educational purposes for kindergarten or any of grades 1 to 12, inclusive; and,
• A fossil fuel burning furnace is located inside the school building.

Schools that were built prior to the adoption of the 2016 California Building Standards Code, and which contain buildings used for educational purposes in which a fossil burning furnace is located are encouraged (but not required) to have a carbon monoxide device installed in the building.

 

 

AB 389 (Williams) Private schools: employees: criminal background checks.

This bill closes a loophole in the preexisting law relating to the fingerprinting requirements to which applicants for positions requiring contact with minor pupils are subject.  Prior to January 1, 2014, applicants in possession of a valid California teaching credential, or a credential issued by another state requiring a criminal background summary were exempt from the fingerprinting requirement when making application for employment at a private school.  AB 389 eliminates this exemption.  Effective January 1, 2014, all applicants for positions requiring contact with minor pupils must be fingerprinted and undergo the criminal background check. The removal of the exemption enables the Department of Justice to establish a relationship with a private school so that the school can be notified if and when fingerprinted employees have been charged with specified crimes.

The bill also enables the State Superintendent of Public Instruction to obtain access to evidence that nonpublic nonsectarian schools are performing background checks on their employees, as appropriate, as part of such schools' annual certification process.  (Nonpublic nonsectarian schools are a sub-set of California private schools which  educate students with special needs who are placed and funded by the state.)

AB 588 (Fox) School athletics: concussions.

This bill establishes provisions that apply to all private school students engaged in athletic activities taking place outside the regular school day (i.e., the policies apply to students engaged in extra-curricular sports activities).  Its provisions require that an athlete suspected of sustaining a concussion or head injury during the course of an athletic activity:

• shall be immediately removed from the athletic activity for the remainder of the day;
• shall not be permitted to return to the athletic activity until he or she is evaluated by a licensed health care provider who is trained in the management of concussions and is acting within the scope of his or her practice;
• shall not be permitted to return to the athletic activity until he or she receives written clearance to return to the athletic activity from that licensed health care provider.

If you're a regular reader of the Midweek E-Mailer, chances are you know a good deal about the California Association of Private School Organizations.  You're probably aware that CAPSO is an "organization of organizations" whose members consist of private school administrative units and service agencies.  You probably know that we're diverse.  Our members serve both religious and secular schools embracing a broad array of philosophical and educational orientations.  You're likely aware that we are committed to preserving pluralism by protecting private schools from excessive regulation by the state, and that we do our best to promote and safeguard the interests of private, nonprofit, K-12 schools in California's legislative, judicial and administrative arenas. 

You also probably know that CAPSO describes itself as the voice of California's private schools.  We think that's a perfectly accurate claim considering that:

• Schools served by CAPSO members educate approximately 80 percent of California's total private school population in grades K-12;
• CAPSO's bylaws contain procedural safeguards designed to ensure that the association speaks with one voice.  (You'll learn more, below.)
• CAPSO is recognized by both the California Department of Education and the U.S. Department of Education as the principal point of contact with California's broad private school community.
• Entities such as the California Interscholastic Federation (CIF) and the Western Association of Schools and Colleges' Accrediting Commission for Schools offer CAPSO seats on their governing bodies to assure the presence of a broadly inclusive private school voice. 

You're likely to have known all of that, and if you didn't, you do now.  But here are three things you may not have known about CAPSO:

1.  CAPSO has been around for over 40 years.

Truth be told, we weren't always known as "CAPSO."  It's no less true, however, that our organizational history can be traced in a straight line to 1973, when three issues brought together an assemblage of leaders representing various private school groups.  The first was a bill authored by State Senator George Moscone that proposed a textbook acquisition policy deemed favorable to private schools.  The second was a related piece of legislation designed to permit private school students to borrow textbooks from the state.  The third issue came in the form of a proposed federal tax credit proposal known as C.R.E.D.I.T.: Citizens Relief for Education Deduction by Income Tax. 

Those issues led to the first recorded meeting of the California Executive Council for NonPublic Education, which took place on March 21, 1973 in the TWA Conference Room at San Francisco International Airport.  While TWA no longer exists, CAPSO remains vitally involved in helping to secure federal benefits for private school students, teachers, and other education personnel, and for exploring politically viable tax credit legislation for Californians.  If you're wondering when CAPSO became CAPSO, it was during the course of the 1978-79 school year.

2.  Every CAPSO member possesses veto power.

CAPSO's bylaws contains the following provision: 

What this means is that before CAPSO can express a formal position on any pending piece of legislation, it must secure approval not just from every member of its board of directors, but from each individual designated to represent every member organization.  The upshot of this policy is that the member organization with which your school is affiliated possesses actual veto power over any public policy position expressed in CAPSO's name. 
 
This is a remarkable policy.  After all, some member organizations serve a significantly smaller population of schools, students and families than others.  Which means that others furnish a considerably greater share of CAPSO dues.  Yet all agree to uphold the "unanimity principle."  It's actually quite a brilliant policy, as it causes our decision makers to set aside their differences and engage one another around the issues that unify an otherwise diverse coalition. Thanks to the "unanimity principle," when CAPSO speaks, it speaks with one voice - a fact that is not lost upon legislators, public sector administrators, and the courts.

3.  CAPSO helps you sleep at night.

If you're a private school administrator, teacher, parent, board member, or any combination of the preceding, you already have more than enough with which to be occupied.  You are probably concerned about such non-trivial matters as how to provide - or access - the best possible educational program at an affordable cost, how to meet the individual needs of a diverse student body - or ensure that your child's particular needs are met, and how to harness the new technologies, without being harnessed by them, to name but a few.  Would you also like to worry about your school being required to file an annual pest control report, or being told by the state which cleaning products you may and may not purchase?  We think you've probably got enough on your mind, as is.  Which is why CAPSO is continually on the look-out for legislation that would impose an undue burden on private schools.

We don't just keep you from having to sweat the small stuff.  Our primary focus is upon legislation that impacts the sustainability of private schools, whether philosophically, instrumentally, or economically.  CAPSO's primary purpose is to ensure your school's ability to continue to pursue its unique vision and mission.  Absent the diversity provided by the private school community, parents have little choice when it comes to finding the school that represents the best fit for their children, their expectations, and their values.

As the second year of the current legislative session get under way, you can partner with CAPSO by periodically visiting our online Legislative Action Center, checking to see whether we've flagged pending bills of interest, and adding your voice to ours by contacting your state assembly member or senator.  The user-friendly site will help you identify your elected officials, and provides a host of useful information.  Give it a visit, and stay tuned!

March 22, 2014 will mark the 10th anniversary of California Private School Recognition Day.  Established in 2004 with the passage of SCR 58 (McPherson), the occasion invites Californians to consider and appreciate the many contributions private schools afford the people of the state.  CAPSO takes particular pride in March 22's special designation, having sponsored the legislative resolution that established it.

As March 22 approaches, we invite your school to share the main text of the resolution with faculty, students (as appropriate), parents and other stakeholders. We have much to celebrate!  Here's the text:

WHEREAS, California's private schools are significant partners in the education of the greater public, educating 10 percent of the state's pupils enrolled in kindergarden and grades 1 to 12, inclusive; and
WHEREAS, More than one in four schools in the state offering instruction in kindergarten and grades 1 to 12, inclusive is a private school; and
WHEREAS, California's private schools save taxpayers more than $5 billion annually through the private financing of facilities and provision of instruction; and
WHEREAS, Private education in the state enjoys a tradition spanning four centuries, originating with the early Mission schools of the 18th century; and
WHEREAS, California's private schools are religious and secular; large and small; urban, suburban, and rural; progressive and traditional; independent and networked; thus helping to fulfill the ideal of educational pluralism; and
WHEREAS, The diversity found in California's private schools offers parents and pupils a broad range of educational options; and
WHEREAS, California's private schools are committed to the achievement of academic excellence while endeavoring to meet the intellectual, social, moral, spiritual, emotional, and physical needs of each child; and
WHEREAS, Whatever their particular orientation, California's private schools uphold and promote the values of public participation, civic responsibility, and service to community; and
WHEREAS, California's private schools are ultimately accountable to the parents who choose them; and
WHEREAS, The graduates of California's private schools, as informed, productive, and involved citizens, have made countless positive contributions to their respective communities, the state, and the nation; now, therefore, be it
Resolved by the Senate of the State of California, the Assembly thereof concurring, That the Legislature recognizes each March 22 as "California Private School Recognition Day," in appreciation of the significant contributions made by California's private schools to the benefit of the state...

The complete text of SCR 58 can be accessed on the Official California Legislative Information website, here.

Recommended Reading

If you're looking for a literate, well documented, and attractively formatted report that makes a compelling case for government support of faith-
based schools, the American Center for School Choice's Commission on Faith-based Schools has filled your order.  "Religious Schools in America: A Proud History and Perilous Future," provides a brief, historical overview of the place of private religious schools in the American educational tableau, describes the economic challenges faced by such schools, and explodes a number of commonly held myths about faith-based schools.  The 33-
page report brims with well documented information showing that private religious schools are more racially integrated, serve higher percentages of children with special needs and English language learners, and enroll more children from low-income families than might commonly be assumed.  Finally, the report provides a nicely organized compendium of "Gold Standard" research findings documenting the academic performance accomplishments of private schools accessed through various parental school choice programs.


* * * * * * * * * * * * *

If environmental education is your passion, or if you're simply interested in learning how one major subset of the American private school community is developing environmental literacy among students and fostering greater environmental sustainability, you'll want to read Paul Chapman's new report, "Environmental Education and Sustainability in American Independent Schools."  Dr. Chapman, who chairs the panel overseeing the private school component of California's Green Ribbon Schools program, conducted a comprehensive national survey that yielded a trove of up-to-date information from 678 heads of schools affiliated with the National Association of Independent Schools, and located in 46 states and the District of Columbia.

The survey was designed to produce a better understanding of how
schools' environmental education programs "develop environmental literacy among students," and how schools are becoming more environmentally sustainable "in terms of efficient use of resources, healthy operations, and an ecological curriculum."  Findings suggest that while interest in environmental education is widespread and strong, only a modest level of funding is currently devoted to the area, "with half the schools spending less than $5,000 per year on non-construction activities," and most efforts headed by volunteers.  The report identifies common elements found in schools that have shown the most success "going green," identifies challenges and needs, and offers recommendations to facilitate the development of green, sustainable school initiatives.  All this in 12 attractive pages!

The December, 2013 edition of the CAPE Outlook newsletter contains an article that should be required reading for every private school leader and stakeholder.  If you haven't already done so, I urge you to read it now.  Less than a page in length, it's deep.  It applies to your school, and every private school, and like it or not, it'll get you thinking.  Titled "'Prepare for Real Life' Campaign Captures Public Attention," it can be found on page 3 of the newsletter, which is published monthly during the course of the school year by the Council for American Private Education. 

In brief, the article describes a marketing campaign conducted by Mercy Academy, an all-girls Catholic high school located in Louisville, Kentucky.  The message highlighted by the school - Life's not a fairytale - was of such poignancy that its campaign succeeded in garnering national attention, with related stories appearing in the Huffington Post, AdWeek, and Business First, as well as a favorable mention on NBC's Today show.

Accompanying the Life's not a fairytale theme were several related messages, including, You're not a princess, Don't wait for a prince, and Prepare for real life.  According to a representative of the Doe-Anderson agency, which was hired by Mercy Academy to design the marketing effort, the campaign "communicates Mercy's mission of feminine empowerment by challenging the very source of unrealistic, damsel-in-distress thinking: fairytales."  The campaign's messages were further said to encourage girls, "to become their own rescuers and dream of ruling the real world, not a fictional one."

The CAPE Outlook's analysis of the campaign identifies a powerful idea and leaves readers with a challenge:

"So what lessons does the campaign carry for other private schools? Its success seems to stem from three elements: identifying unique attributes about the school; identifying a deep contemporary aspiration (the empowerment of women), and then connecting the two with an imaginative message. Indeed, the message's foundation in fairytales-a primal narrative in forming some fundamental views about life- could hardly be more captivating. 

 

"Private schools have a number of unique attributes that simply cannot be duplicated in other schools. In many ways, society longs for those qualities. What will be the next imaginative message to link attributes and aspirations?"

 

Indeed!  Now here's an idea.  Have your school's faculty and/or board read the CAPE Outlook article and view Mercy Academy's enrollment video. After devoting time to discussing and analyzing the school's marketing campaign, divide the group into teams and ask them to create the outlines of a campaign whose core message is precisely the opposite of Mercy Academy's. (Without wishing to bias the exercise, I imagine themes such as, Every adult deserves a childhood, and, No one succeeds on their own may surface.)  The purpose of the exercise - which can also take the form of a simple mind experiment - is to produce a "teachable moment" about the splendor of private education.  

Clearly, the message conveyed by Mercy Academy will resonate strongly with some and be reviled by others.  The school's enrollment video, to provide but one example, takes individualism to an extreme when one student declares, "No one will ever have to rescue me, because I'll be equipped with the skills I need to rescue myself."  While such a pronouncement might be dismissed as little more than an exaggerated extension of the fairytale motif, I suspect a certain segment of the population aspires to their children's achievement of such self reliance.  At the same time, other parents would be horrified by what they'd likely regard as a blatant rejection of the notion of interdependence. The great advantage of private education lies in its ability to meet the needs of people who not only fail to share the same views, but accord considerable personal value to opposing views.  Private education, alone, is intended to serve diversity where it matters most - which is in the realm of ideas.

 

Male students notwithstanding, Mercy Academy is not for everyone.  No private school should be.  Ironically, a school with which everyone can identify has no identity. This aspect of private education must not be confused with the notion of exclusivity.  The more transparent a school's identity, the easier it is for parents to exclude it from consideration.  Most nonprofit private schools go to great lengths to enable access for all who share the values, views and aspirations that stamp a school's identity and purpose.  And while it is true that for various reasons private schools may be unable to admit every applicant, it should not be forgotten that a vastly greater number of parents exclude schools.

 

The Mercy Academy example is instructive on multiple levels.  It showcases an intriguing and effective marketing campaign.  It invites stakeholders to contemplate the elements that provide their school with its unique identity.  And it provides yet another opportunity to appreciate anew the enterprise to which we are committed.  

 

Ron Reynolds 

 

The next edition of the CAPSO Midweek E-Mailer will be published January 29, 2014.