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journal minnesota school boards association September–October 2021 VOL. 74 ISSUE 2 Student Speech 2021: Students (Still) Say the Darndest Things MINNESOTA Dealing with Racial Incidents in Schools SCHOOL BOARDS ASSOCIATION Strategic Planning: Putting Diversity, Equity, and Inclusion Where School Boards Learn to Lead Goals Into Action
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MSBA OFFICERS President: Michael Domin, Crosby-Ironton Past President: Deborah Pauly, Jordan MSBA DISTRICT DIRECTORS District 1: Nikki Gieseke, Owatonna MINNESOTA District 2: Linda Leiding, SCHOOL BOARDS Lake Crystal Wellcome Memorial ASSOCIATION District 3: Jeanna Lilleberg, Atwater-Cosmos-Grove City Where School Boards Learn to Lead District 4: Cheryl Polzin, Wayzata TABLE OF CONTENTS District 5: Suzy Guthmueller, Centennial District 6: Michelle Yener, North St. Paul-Maplewood-Oakdale District 7: Joel Albright, Rosemount-Apple Valley-Eagan District 8: Zuki Ellis, St. Paul District 9: Julie Domogalla, East Central District 10: Jon Karger, Pelican Rapids District 11: John Berklich, Hibbing District 12: Jim DeVries, Mahnomen District 13: Kristi Peterson, Shakopee 10 | STUDENT SPEECH 2021: MSBA STAFF Kirk Schneidawind: STUDENTS (STILL) SAY THE Executive Director Gary Lee: DARNDEST THINGS Deputy Executive Director Part Two: Off-Campus Speech Kelly Martell: Christian Shafer, Ratwik, Roszak & Maloney, P.A. Executive Assistant Greg Abbott: Director of Communications and Marketing 16 | DEALING WITH RACIAL Denise Dittrich: Director of Government Relations INCIDENTS IN SCHOOLS Barb Dorn: Director of Leadership Development and Executive Search Administrators need to prepare, Jennifer Ebert: combat racism, and teach Administrative Assistant to Government Relations/Finance and Meeting Coordinator/MSBAIT Derek Francis, Minneapolis Public Schools Jackie Fahey: Administrative Assistant to Board Development Amy Fullenkamp-Taylor: 18 | STRATEGIC PLANNING: Director of Management Services Gail Gilman: PUTTING DIVERSITY, EQUITY, Director of Strategic Planning and Board Leadership Tiffany Gustin: AND INCLUSION GOALS INTO Associate Director of Management Services ACTION Shelby Herrera: Administrative Assistant to Strategic Governance “Education equity is the foundation Donn Jenson: to everything we do.” Director of Technology Katie Klanderud: Steve Massey, Ed.D., Superintendent, Forest Vinny W. Director of Board Development Lake Area Schools Kimberley Dunn Lewis: Associate Director of Government Relations Bruce Lombard: Associate Director of Communications and Marketing 24 | A RETURN TO SCHOOL: WHAT Maria Lonis: SHOULD BE OUR FOCUS? Associate Director of Management Services Terence Morrow: RELATIONSHIPS Director of Legal and Policy Services Mental health and engagement Jaymyson Sillman: Information Technology Support were two of the biggest concerns Joel Stencel: Director of Association Finance revealed in statewide surveys Katie Pekel, Ed.D., and Kim Gibbons, Ph.D., The MSBA Journal (USPS 352-220) is published bimonthly University of Minnesota by the Minnesota School Boards Association, 1900 West Jefferson Avenue, St. Peter, Minnesota 56082. Telephone 507-934-2450. Call MSBA office for subscription rates. (Opinions expressed in the Journal are those of the writers Paige L. and do not necessarily represent MSBA policy.) 8 | STRAIGHT TALK MSBA Executive Director Kirk Schneidawind and MSBA President Mike Domin 30 | ASK MSBA Denise Dittrich and Kimberley Dunn Lewis, MSBA Government Relations staff 32 | VENDOR DIRECTORY Pierre Productions & Promotions, Inc. 36 | LEGAL UPDATE Terence Morrow, MSBA Director of Legal and Policy Services JOURNAL | MINNESOTA SCHOOL BOARDS ASSOCIATION SEPTEMBER–OCTOBER 2021 5
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CALENDAR SEPTEMBER 2021 1............... MSBA Advocacy Tour – Director Districts 1-2 (Virtual) 2............... MSBA Advocacy Tour – Director Districts 7-8 (Virtual) Proudly serving Minnesota’s K-12 schools for 40 years! 2............... MSBA Insurance Trust Board Meeting (Virtual) 6............... Labor Day (No Meetings Allowed) 8............... MSBA Advocacy Tour – Director District 12 (Virtual) MECHANICAL & ELECTRICAL DESIGN 9............... MSBA Advocacy Tour – Director Districts 3-4 (Virtual) HVAC • Plumbing • Fire Protection 9............... MSBA Phase III Workshop – Part A (Virtual) • Lighting • Power Distribution 15 ............ MSBA Advocacy Tour – Director Districts 5-6 (Virtual) 16 ............ MSBA Webinar Series: Demographic Trends in Our State COMMISSIONING/RECOMMISSIONING 16 ............ MSBA Phase III Workshop – Part B (Virtual) New Construction • Existing Systems • Retro-Commissioning • LEED® 21 ............ MSBA Advocacy Tour – Director District 13 (Virtual) 22 ............ MSBA Advocacy Tour – Director District 11 (Virtual) FACILITY ASSESSMENTS Inventory Lists • Life Cycle Analysis • Improvement Costs 23 ............ MSBA Phase IV Workshop – Part A (Virtual) 26-28 ........ Minnesota Association of School Administrators Fall Conference WHITE BEAR LAKE, MN 28 ............ MSBA Advocacy Tour – Director Districts 9-10 (Virtual) 651.748.1100 30 ............ MSBA Phase IV Workshop – Part B (Virtual) DULUTH, MN 30 ............ Last Day for Submitting Legislative Resolutions to MSBA 218-729-9202 hallbergengineering.com A Minority-Business Enterprise (MBE) OCTOBER 2021 3............... MSBA Board of Directors’ Meeting 11 ............ Columbus Day Observed (Optional Holiday) 21 ............ Minnesota Educator Academy (MEA) Conference 21 ............ MSBA Insurance Trust Board Meeting 21 ............ MSBA Webinar Series: Hot Legal Issues and Amicus Update NOVEMBER 2021 2............... Election Day (No Meetings or Activities from 6 p.m. to 8 p.m.) 7............... MSBA Board of Directors’ Meeting MSBA 3.50 x 4.75 ad 2021.indd 1 1/21/2021 3:52:15 PM 10 ............ Minnesota School District Liquid Asset Fund Plus Meeting 11 ............ Veterans Day (No Meetings) 15-19 ........ American Education Week 16 ............ MSBA Pre-Delegate Assembly Meeting (Virtual) 17 ............ MSBA Pre-Delegate Assembly Meeting (Virtual) 18 ............ MSBA Webinar Series: Delegate Assembly and Policy MSBA thanks Jolanda Development Dranchak – the curriculum 18 ............ MSBA Pre-Delegate Assembly Meeting (Virtual) integration coordinator for 20 ............ MSBA Pre-Delegate Assembly Meeting (Virtual) Anoka Middle School for the Arts – for sharing her students’ 25 ............ Thanksgiving (No Meetings Allowed) art in this issue. 26 ............ Optional Holiday COVER ART: DECEMBER 2021 Laura S. 3............... MSBA Board of Directors’ Meeting Contact MSBA’s Bruce 3-4 ............ MSBA Delegate Assembly Lombard at blombard@ 8............... MSBA Phase I Workshop (Virtual) mnmsba.org if you’d like to see 9............... MSBA Phase I Workshop (Virtual) your students’ art displayed 11 ............ MSBA Phase II Workshop – Part A (Virtual) in a future MSBA Journal magazine. 16 ............ MSBA Webinar Series: The Reorganizational Meeting 18 ............ MSBA Phase II Workshop – Part B (Virtual) 25 ............ Christmas Day (No Meetings Allowed) JOURNAL | MINNESOTA SCHOOL BOARDS ASSOCIATION SEPTEMBER–OCTOBER 2021 7
STRAIGHT TALK Kirk Schneidawind There’s no “easy” button, but you got this, board members! By Kirk Schneidawind, MSBA Executive Director As the governor’s executive orders school boards and administrators under You can, however, define how your evaporated at the end of the 2021 this much pressure. school board leads at this time when it legislative session, one big thing feels like there are no right answers and When individuals run for any public became very clear: Decision-making the menu of options, which just happens office, they do it because they want to authority would be restored to our to be missing the “easy” button, seems make a difference, a positive difference, local governments, including our to be changing daily. Your leadership in the lives of those whom they represent. school boards. Vaccination rates have and decisions matter. Gather as much If there is a group of elected officials increased, COVID rates have declined, information as possible, prioritize staff who mean it when they say it, it is our the preparation for and the beginning of and student safety, make informed school board members. All you need to an in-person school year looks as solid decisions, and recognize that you may do is listen to our newest school board as making a two-inch putt. Not so fast. need to pivot and repeat. Accept the members during MSBA’s “Learning to The delta variant doesn’t care about your fact that your decisions will be judged. Lead — School Board Basics: Phase I district’s plan. But you also need to accept that you are Workshop” to understand. making important decisions in a less-than- The past 18 months have been a real While not a scientific poll, I can easily ideal environment. Much of the return- challenge for many, especially our school share that each new school board to-school model was tested and built last leaders. All of us were looking forward member wants our public school students year. While keeping your students and to swiftly moving beyond the COVID- to achieve, have an outstanding school staff safe, your district has learned a lot 19 experience. Compounding political experience, and be prepared for life. that you can build upon to make this pressures and conflicting advice around Yet, those who get elected never really school year better. You got this! mask and vaccine recommendations have know what conditions and issues will be made the preparation for this school year Accept the fact that your decisions will be on the table during their term of office. less than normal. judged, even when these decisions are A worldwide pandemic with catastrophic anchored in your school district’s mission. It would have been easy to throw up your consequences that changed the way arms in frustration due to the changing we worked, lived, and went to school status of advice and direction and let would not have been something that you Kirk Schneidawind is the MSBA Executive someone else make a broader and would have even thought possible. To Director. You can contact him about this uniform decision to ease the pressures put it politely, your leadership path is not column at kschneidawind@mnmsba.org. from your public. During my 22 years of always well defined. working for MSBA, I have not seen our 8 SEPTEMBER–OCTOBER 2021 MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL
Let’s discuss your next project. Solid. Widseth com A Agile. Alexandria | Bemidji | Brainerd | Crookston | East Grand Forks Forest Lake | Grand Forks | Mankato | Rochester Versatile. Gichi-ziibi Center for the Arts, Brainerd, MN Widseth is proud to have played a leading role as the Architect of Record for the Brainerd Lakes Area’s extraordinary new performance space Learn_Grow_Do. AGRICULTURAL Learn, Grow, Do. CLASSROOM RESOURCES TEACH DAY FOR A Contact us for resources INDUSTRY IN THE MINNESOTA JOB MARKET EXPLORATION FREE STEM + or to line up a classroom CLASSROOM TOOL AGRICULTURE CAREER PATHWAY CURRICULUM visit or presenter. CAREER EXPLORATION JudyBarka Natalie Compart VIDEOS Assistant Director Judy.Barka@clcmn.edu Outreach and Recruitment Natalie.Compart@southcentral.edu (320) 221-0219 (507) 389-7301 agcentric.org centerofagriculture.org JOURNAL | MINNESOTA SCHOOL BOARDS ASSOCIATION SEPTEMBER–OCTOBER 2021 9
PART 2 OF A TWO-PART SERIES Reese M. Student Speech 2021: Students (Still) Say the Darndest Things Part Two: Off-Campus Speech By Christian Shafer, Ratwik, Roszak & Maloney, P.A. As discussed in Part 1 of this series in the May- whether and to what extent those same factors June 2021 issue of the Journal, the amount of apply to schools’ attempts to restrict students’ control that a school district can legally exercise off-campus speech. In that case, a high school over student speech occurring on school freshman was upset with being placed on the grounds or in a school program is dependent junior varsity cheerleader team, as opposed on several factors. Perhaps most notably, to the varsity team. The student used her absent specific content (e.g., whether the personal phone to transmit “vulgar language speech included vulgar language or promoted and gestures criticizing both the school and the illegal drug use), courts reviewing restrictions school’s cheerleading team” via social media. pertaining to on-campus student speech look to Specifically, the student posted messages to whether and to what extent the speech caused Snapchat saying “[F—k] school [f—k] cheer Christian Shafer — or was reasonably likely to cause — a [f—k] everything” along with a picture of her “substantial disruption of or material interference and a friend with their middle fingers raised. with school activities” or an “invasion of rights The student also posted a second message of others.” complaining that she and another student were told that they were to participate on the junior When Part 1 of this series was published, the varsity team for a year, but that another ninth- case of Mahanoy Area School District v. B.L., grade student was allowed on the varsity team. colloquially known as the “cheerleader case” was pending before the United States Supreme The social media posts were made from a Court. On June 23, 2021, the Court issued its local business outside of school hours. Several decision. The Mahanoy Court answered — or other students were able to view the Snapchat at least began to answer — the question of posts. At least some students, including other 10 SEPTEMBER–OCTOBER 2021 MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL
PART 2 OF A TWO-PART SERIES Anna H. Reese M. members of the cheerleading team were “visibly upset” by campus speech would permit a school district to regulate the posts and there was at least some discussion of the posts “all the speech a student utters during the full 24-hour day.” during one class. Once the cheerleading coaches became Accordingly, the Court held that reviewing courts must be aware of the posts, the school suspended the student from the “more skeptical” of attempts to regulate off campus speech cheerleading team for the entire season. and that, “[w]hen it comes to political or religious speech that occurs outside school or a school program or activity, the The student sued, alleging that the school district violated school will have a heavy burden to justify intervention.” her First Amendment free speech rights. The federal district court sided with the student, holding that the school district The third feature identified in the Mahanoy case is that had not provided evidence that the student’s speech created schools have an interest in “protecting a student’s unpopular a substantial disruption and, therefore, that the school district expression, especially when the expression takes place off lacked grounds to discipline her for her speech. The Third campus.” As the Court noted, “America’s public schools are Circuit Court of Appeals affirmed, holding that school districts the nurseries of democracy” and schools have a “strong cannot discipline students for off-campus speech, regardless interest in ensuring that future generations understand … the of the risk of substantial disruption. well-known aphorism, ‘I disapprove of what you say, but I will defend to the death your right to say it…’” Like the lower courts, the Supreme Court found that the school district had violated the student’s First Amendment Applying these features to the speech at issue, the Mahanoy rights when it disciplined her for the Snapchat comments. court determined that the school district did not have a Unlike the Third Circuit, however, the Court concluded that legitimate interest in regulating the student’s Snapchat posts. schools’ interests in regulating off-campus speech “remain Notably, the Court closely analyzed the school district’s significant in some off-campus circumstances.” Nevertheless, argument that the speech caused a substantial disruption the Court declined to lay out a rule clearly identifying when to school operations. While it rejected the school district’s schools can regulate off-campus speech. The Court also did disruption argument, the Court affirmed that disruption is one not identify what may qualify as off-campus speech. of the factors that might give schools an interest in regulating off-campus speech. Instead, the Supreme Court held that there are “three features of off-campus speech that often, even if not always … In light of the nebulous language of the Supreme Court’s diminish the strength” of a school district’s ability to regulate decision, and the lack of any subsequent cases discussing student speech. The first such feature is that, unlike when this standard, the Mahanoy decision leaves school districts a student is on campus, school districts are not standing in in a precarious situation when attempting to respond to off- loco parentis for their students. Therefore, “[g]eographically campus student speech. That being said, the Mahanoy Court, speaking, off-campus speech will normally fall within the as well as earlier First Amendment cases provide at least zone of parental, rather than school-related, responsibility.” some practical steps that schools can keep in mind when attempting to respond to students’ off-campus or internet The second distinguishing feature of off-campus speech speech. identified by the Supreme Court is that regulating off- continued on page 10 JOURNAL | MINNESOTA SCHOOL BOARDS ASSOCIATION SEPTEMBER–OCTOBER 2021 11
PART 2 OF A TWO-PART SERIES Samantha D. 1. When Appropriate, It May Be Safer to Respond The first two Mahanoy factors relate to where and when a to Conduct, Not Content of Speech. student actually posts the message. Following the Courts’ analysis, schools may have a stronger argument that they In many cases, it may be possible to avoid a First permissibly can discipline students for internet speech when Amendment claim — or at least avoid wading into the the speech is posted on campus and/or during the school unsettled question of whether certain speech can be day or during a school event. Indeed, in declining to identify regulated — by focusing on the student’s conduct, as what constitutes off-campus speech, the Mahanoy court opposed to the student’s speech. For example, in the case of commented that “the advent of computer-based learning” Requa v. Kent Sch. Dist. No. 415, which remains persuasive made it difficult to determine which school-related, but off- following the Mahanoy decision, a student secretly recorded campus activities could be considered “off-campus speech.” a video of a teacher and posted the video (with unflattering Ensuring that your school district clearly and reasonably comments and gestures) to the internet. After the school identifies what is considered “school related” conduct and district suspended the student, the student sought an adequately informs students of these expectations may create injunction in federal court, alleging that his First Amendment a stronger argument that the speech may be regulated. rights had been violated. The school district responded that it did not suspend the student for posting the video. Instead, 3. Evidence of Substantial Disruption, or at Least the school district pointed out that it suspended the student a Reasonable Likelihood of Substantial Disruption, for secretly recording the teacher in violation of the school May Give Schools’ Greater Leeway in Responding district’s technology policies. The court agreed with the to Off-Campus Student Speech. school district and dismissed the student’s request for an In Mahanoy, the Supreme Court identified preventing a injunction on First Amendment grounds at an early stage of “substantial disruption of learning-related activities [and] the proceeding. the protection of those who make up a school community” Many school districts have policies prohibiting video as examples of schools’ potential authority to regulate off recording in school. Many school districts also have policies campus speech. As mentioned above, the Mahanoy court prohibiting students from using cellphones during class or also specifically analyzed the school district’s argument that using school district computer resources (such as school- the student’s speech created a substantial disruption and, issued tablets or computers) for non-school district purposes. therefore, was subject to regulation. Accordingly, while If a student’s use of social media, messaging, etc. violates the Supreme Court did not expressly hold that evidence those policies regardless of the content, focusing disciplinary of substantial disruption will necessarily allow a school to decisions on those violations, rather than the content of the regulate off-campus student speech, having such evidence student’s speech, may be less likely result in liability. may give the school stronger legal arguments. Schools should remember that this has always been a standard the 2. The More “School Related” the Off-Campus courts have required to be proven. The holding of Mahanoy Speech Is, the Greater the Chance that a Court Will only reinforces the need to have clear and articulable proof Permit Schools to Regulate Such Speech. of such disruption and not just a “fear” of disruption. 12 SEPTEMBER–OCTOBER 2021 MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL
PART 2 OF A TWO-PART SERIES Tim P. 4. Standing Alone, the Fact that Off-Campus Mahanoy does not stand for the position that off-campus Speech Is Vulgar or Unpleasant Does Not Permit speech can never be regulated. Certain types of harassing Schools to Discipline Students for Such Speech. and bullying speech, when there is a nexus to the school context, may remain subject to potential discipline. As far back as the Tinker case discussed in part one of this series, the Supreme Court has been clear that hard feelings 6. Other Factors May Affect Schools’ Ability to are not a basis for disciplining students for their speech. Respond to Off-Campus Student Speech. The Mahanoy case re-affirmed that principle. Similarly, in In addition to the three indicia of off-campus speech Mahanoy, the Court clarified that the school’s “interest in discussed above, the Court’s opinion also includes a list of teaching good manners” and prohibiting the use of vulgar factors that may impact a school’s ability to regulate off- language directed at the school community was “weakened campus speech. Those factors include the “student’s age, the considerably” by virtue of the speech occurring outside of nature of the school’s off-campus activity, [and] the impact school and on the student’s own time and where the school upon the school itself.” Combined with those three factors, was not acting in loco parentis. In so doing, the Court as well as the Court’s repeated statement that it was not noted that the Fraser case — discussed in part one of this identifying a hard and fast rule regarding off-campus speech, series — was limited to speech occurring on-campus. In light whether and to what extent a school can respond to student of this language, it is clear that the fact that a student’s off- speech remains a fact intensive inquiry. campus speech may be vulgar or unpleasant cannot be used as an independent basis for discipline or removal of school In summary, the Mahanoy decision, while not overturning privileges. past precedent as to schools’ ability to discipline students for off-campus speech, provides greater guidelines as to what 5. Cyberbullying or Unlawful Harassment speech may or may or may not be regulated. Schools can Occurring Online may be Subject to Greater reduce their risk of potentially expensive financial liability Regulation. and extended litigation by carefully considering these issues While the Mahanoy case did not specifically discuss and consulting with their legal counsel before imposing cyberbullying or harassing speech, it does reference “severe discipline for a student’s speech, especially if that speech bullying or harassment targeting particular individuals,” as occurred off-campus or via social media and falls within well as threats, as examples of off-campus behavior that those areas identified by the Court. “may call for school regulation.” Similarly, in discussing the specifics of the case, the Court noted that the student’s speech did not “target any member of the school community Christian Shafer is a shareholder of Ratwik, Roszak & with vulgar or abusive language.” Although the Court did Maloney. He advises both school district and municipal not rule on abusive or harassing e-speech, it appears at least clients in employment matters, all areas of school law, plausible that future courts will give more leeway to attempts special education law, municipal law, and labor law. Learn to regulate that type of speech, as opposed to speech more about Christian at https://ratwiklaw.com/index.php/ criticizing a school’s decision or other “pure” speech. Thus, christian-shafer. JOURNAL | MINNESOTA SCHOOL BOARDS ASSOCIATION SEPTEMBER–OCTOBER 2021 13
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A passion for public law School Law Group Our attorneys provide responsive, creative, practical and high-quality legal services to public school districts. Alex D. Ivan Greg S. Madsen Education Law Peter A. Martin Maggie R. Wallner Finance and Bond Adam C. Wattenbarger Jenny S. Boulton Construction Josh P. Devaney Martha N. Ingram Civil Litigation Sofia E. Lykke Sarah J. Sonsalla Real Estate and Business James M. Strommen 700 Fifth Street Towers, 150 South Fifth Street, Minneapolis, MN 55402 Phone 612.337.9300 • Fax 612.337.9310 • Toll Free 1.800.788.8201 kennedy-graven.com JOURNAL | MINNESOTA SCHOOL BOARDS ASSOCIATION SEPTEMBER–OCTOBER 2021 15
ELEVATING VOICES FROM SCHOOL LEADERS OF COLOR Dealing with Racial Incidents in Schools Administrators need to prepare, combat racism, and teach By Derek Francis, Minneapolis Public Schools Racist incidents in our schools create a feel welcomed. For far too long racism has persistent compounding inferior feeling for plagued our schools. Racism is a pandemic. students of color that can lead to them not We can no longer stand by in silence feeling a sense of belonging and significance without opposition. There is a call to action in our school system, thus becoming intensely for transformational leadership. There is discouraged. a great need for transformation using an Alfred Adler, founder of Adlerian equity lens in hiring teachers, student services psychotherapy, said: “Meanings are not personnel, and administrators of color, determined by situations, we determine white colleagues auditing their implicit bias, ourselves by the meanings we give to classroom instruction, curriculum, and policies Derek Francis situations.” From the racial incidents that take and procedures. These components demand place in our schools, we must consciously systemic change which entails examining the and critically ask ourselves, “What kinds self. of meanings are being formulated by our Change will not just happen. Collectivistically, students, staff, and community?” we must join hand in hand and walk step by We are social beings, and our strongest step, toward the betterment of our humanity. motivation is the desire to belong. The feelings “The ultimate measure of a man is not of inferiority can lead to attendance concerns, where he stands in moments of comfort and deficiency in achievement, and mental health convenience, but where he stands at times of problems. What meaning are students of challenge and controversy. The true neighbor color creating for themselves in systems that will risk his position, his prestige, and even his are built around white ideology, is this largely life for the welfare of others.” – Martin Luther inequitable system how we want them to King Jr. determine themselves? Superintendents, principals, and other building The pandemic extensively revealed already administrators shape the school climate what we knew to be true about the underbelly through hiring, policies, and educational of the systemic racism that created the practices. School leaders have influence on achievement gap and educational disparities. the culture of the building. In my 10 years as We are at a critical moment in time, a school counselor, I have witnessed the pain where we as a collective unit of teachers, students and families feel when racism occurs school counselors, social workers, school in schools and the situation is not addressed. psychologist, educational support staff, Minnesota has seen an increase of racism in engineers, cooks, principals, and board schools. Racism, while not a physical form of members must choose the kind of future abuse which leaves scars, is an emotional form we want to help foster for all students to of abuse and requires emotional healing. 16 SEPTEMBER–OCTOBER 2021 MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL
ELEVATING VOICES FROM SCHOOL LEADERS OF COLOR Rosie W. Below are three strategies to begin healing your and social media are common areas that students report community. hearing and seeing racism. 1. Prepare How are you recording which racial groups are being This begins with preparing yourself as a leader. How targeted? Have systems in place for students to share when comfortable have you been in your personal life addressing racism happens. How are targeted students being heard? racism and discrimination when it happens? It could be Creating space for students to share what they are hearing that relative at dinner who makes racist comments, or will be the first step to building trust. What steps are you bias thoughts in your own belief towards certain groups doing as a building to combat racism in your community? of people. How have you started the work of being As a leader, prepare for push back and have a plan to accountable to growing? If you are not aware of your own stand boldly. limitations in your knowledge of addressing racism, then it 3. Teach is important to do your own work first. If you want to see your school climate reduce racism, it is Administrators are viewed as knowledgeable leaders in crucial that you infuse antibias antiracism content. Racism is education. As a leader, you need to have the humility to a learned behavior pattern that must be unlearned through take a seat and listen to how racism and discrimination feels education. Often this learning is communal – meaning for marginalized students and families. Have humility to get parents, staff, and students will be engaging in these the support you need. Preparing means having a system conversations. Each person will come in with a different of response like you would for a fire drill. Has there been comfort level for engaging in conversations about race. racist incidents in your school? How did you address those Create spaces in your school day for all students to learn incidents? What systems do you have in place? Which about their racial identity and those around them. Find ways communities in your building are you not hearing from? Do to use the events that occur in our society to be teaching not wait until another incident in your district occurs to take moments. In Minneapolis Public Schools, we are intentional action. in having age-appropriate resources for students to have 2. Combat critical conversations about race. In order to see our country Racism happens in schools every day. Whether it is peer heal from racism, education must lead the way, and that to peer, educator to educator, or educator and student, I begins with administrators. have heard countless stories of verbal and systemic racism. According to Teaching Tolerance, “Racial bias makes up 33% of incidents reported by educators and 66% that Derek Francis is a Manager of Counseling Services at are reported in the news.” Most instances of racism go Minneapolis Public Schools. Direct questions about this unaddressed. School hallways, classrooms, locker rooms, article to Derek at derek.francis@mpls.k12.mn.us. JOURNAL | MINNESOTA SCHOOL BOARDS ASSOCIATION SEPTEMBER–OCTOBER 2021 17
Gillian L. Strategic Planning: Putting Diversity, Equity, and Inclusion Goals Into Action “Education equity is the foundation to everything we do.” By Steve Massey, Ed.D., Superintendent, Forest Lake Area Schools There are a lot of voices right now competing of belief and is a guidepost for the district’s for our attention on topics of diversity, work to fulfill our core enterprise; that is, to equity, and inclusion. Different perspectives prepare and empower every student to thrive in are important, but talk alone won’t make a and contribute to an ever-changing world. This difference for our students. School districts need is our mission and it inspires all aspects of our a mechanism to move talk into action and keep district. staff focused on making purposeful changes that Like most districts, we had an existing, but will improve outcomes for students, particularly outdated, strategic plan. In our case, the plan those who have been historically underserved. was initially drafted in 2006 and had been Steve Massey At Forest Lake Area Schools, our new strategic updated a couple of times along the way. plan is serving as this mechanism for change. However, the plan was written for a different We designed our strategic plan specifically day and a different time and we needed a with equity in mind, and we’re using it to focus strategic plan that was relevant to the demands and propel our work in equity, and keep this and needs of our students, families, and important topic forefront in all our decision- community. After considering a number of making. different consulting firms and facilitators to lead the revision of our strategic plan, we selected Educational equity is the foundation to the strategic planning process designed by everything we do. From the beginning of MSBA and their staff to lead our process. our work with the Minnesota School Boards Association to rewrite the strategic plan for Somewhat out of order, we had already Forest Lake Area Schools, this belief statement developed a district equity framework prior to guided our discussions and planning. Our our strategic plan that articulates our mission strategic plan begins with this focused statement and commitment to providing equitable learning 18 SEPTEMBER–OCTOBER 2021 MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL
Jacob D. opportunities and outcomes for our students. This framework • Action Step: Identify and provide curriculum resources served as an invaluable resource as we began the work and materials for each subject area at each grade of developing our strategic plan. We were able to move level that represents the contributions of the leaders/ quickly into the conversation around mission, vision, goals, figures, cultures, and histories of students of color objectives, and action plans without needing to define what (absent narratives). it means to be a district that provides equitable access and This object specifically addresses the system change outcomes for our students. This work was already done and needed to provide a more inclusive and equitable learning served as a guiding document for our strategic planning experience for each student. Like many districts, our work. curriculum needs to be expanded to better represent the MSBA staff worked with us through their structured strategic histories, cultures, leaders, and narratives of our students planning process. This process, which is well documented of color. This comprehensive curriculum and pedagogy on the MSBA website, garners community, staff, family, and will benefit all students in their effort to develop empathy, student input and filters many ideas into a plan with simple perspective, and knowledge. and clear vision and mission statements and succinct goals Earlier this school year, we launched a partnership with the and objectives. The plan we developed serves as a school District Management Group and The Leadership Academy board governance document and is a dynamic plan that to work with our instructional review and development teams defines our district’s work. in English Language Arts and Social Studies to examine While equity is the foundation to everything we do, equity our current curriculum and instructional practices, create and inclusion is specifically detailed in two of our six focus alignment with new state standards, provide professional areas: Excellence in High Quality Instruction; and Excellence development and procure and develop curriculum resources in Equitable Learning Opportunities. that expand the learning experience for students. Three specific objectives and related action plans were To guide the work of the following objectives, an equity developed that guide the district’s diversity, equity, and steering team comprised of parents/guardians, licensed inclusion efforts. These objectives and action plans include: and classified staff, administrators and community members who demographically represent the FLAS student body. Objective: Expand E-12 curriculum and instruction to be This committee meets regularly to create plans and monitor culturally relevant and responsive so that it represents progress on the objectives and action steps outlined below. each student. Objective: Create and implement a plan to enhance • Action Step: Provide ongoing professional cultural competency among staff and students. development so that educators are comfortable and skilled in the use of culturally responsive instruction/ • Action Step: Create a needs assessment to identify teaching practices. specific topics related to educational equity for all continued on page 20 JOURNAL | MINNESOTA SCHOOL BOARDS ASSOCIATION SEPTEMBER–OCTOBER 2021 19
Mandy B. Alexa R. staff groups in the district, including licensed staff, Lake Area, which is a partnership between the school administrators, classified staff, and students. district, the City of Forest Lake, and the local YMCA. The vision of the Everyone Belongs Project is to ensure that • Action Step 3.1.2: Based on this needs assessment, all individuals and families are welcome and belong. The provide ongoing, developmentally appropriate project’s purpose is to create a welcoming and inclusive professional development for each grade level, community, increase intercultural awareness and leadership, instructional level, program or employee group, expand intercultural competence as it relates to our focused on Culturally Responsive Teaching, Culturally community and schools, enhance school and community Responsive School Leadership, Culturally Responsive culture to support diversity, equity and belonging, provide Student Leadership, and other topics related to a strategic structure for creating inclusive communities, educational equity. and foster intercultural relationships both internally and Objective: Identify and develop consistent and regular externally. activities to make all students feel welcome at all grade An effective strategic plan is dynamic, relevant, and active. levels. The strategic plan guides the work of the school district and • Action Step: Create a process to evaluate whether represents all stakeholders. The Forest Lake Area Schools current instructional practices and extracurricular strategic plan is the playbook that details our work and programming promote a sense of belonging, safety, establishes the high standards expected by our students, and being valued for each student. Identify strengths families, and community. The plan helps turn our goals and areas for growth at each grade level across the into action and make a real difference for the students and district. families in our district. • Action Step: Based on this review process, create The Forest Lake Area Schools Strategic Plan can be found and implement a plan that addresses what activities/ at: https://www.flaschools.org/domain/103 practices the district should keep doing, stop doing, and/or start doing in order to create a more consistent and equitable approach to community Steve Massey is the superintendent of Forest Lake Area building and asset-based education for students. Schools. You may contact him about this article at smassey@flaschools.org. Our district’s commitment to diversity, equity, and inclusion is also evident in the Everyone Belongs Project of the Forest 20 SEPTEMBER–OCTOBER 2021 MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL
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Objectives: SECURITY • LIQUIDITY • YIELD Since 1984, MSDLAF+ has offered competitive investment options to Minnesota schools and related entities. As you proceed through the coming months, please remember that MSDLAF+ provides: • Unlimited number of accounts and no minimum investment requirement • Check writing, next day ACH, and same day Fed wires • Variable and fixed-rate investment options • Professionally managed portfolio • A simplified manner of monitoring collateral • A dedicated client service team For further information contact: Carole Loehr Brian Johnson Melissa Birdsall Amber Cannegieter Senior Managing Senior Managing Senior Managing Key Account Manager Consultant Consultant Consultant 717.213.3871 320.202.1421 612.371.3750 612.371.3739 cannegietera@pfm.com loehrc@pfm.com johnsonb@pfm.com birdsallm@pfm.com This information is for institutional investor use only, not for further distribution to retail investors, and does not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors should consider the investment objectives, risks, charges and expenses before investing in any of the Fund’s series. This and other information about the Fund’s series is available in the Fund’s current Information Statement, which should be read carefully before investing. A copy of the Fund’s Information Statement may be obtained by calling 1-888-4-MSDLAF or is available on the Fund’s website at www.msdlaf.org. While the MSDLAF+ Liquid Class and MAX Class seek to maintain a stable net asset value of $1.00 per share and the MSDLAF+ TERM series seeks to achieve a net asset value of $1.00 per share at its stated maturity, it is possible to lose money investing in the Fund. An investment in the Fund is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Shares of the Fund are distributed by PFM Fund Distributors, Inc., member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC. 22 SEPTEMBER–OCTOBER 2021 MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL
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A Return to School: What Should Be Our Focus? Relationships Mental health and engagement were two of the biggest concerns revealed in statewide surveys By Katie Pekel, Ed.D., and Kim Gibbons, Ph.D., University of Minnesota As schools across the state return to what they grading practices, literacy instruction, and a hope will be a more “normal” year, there whole host of other really important topics, we are many things that understandably will vie would invite you to ask yourself, “when was for attention: COVID-19 safety protocols, the last time our district explicitly focused on perceived learning loss, mental health, social relationships either in professional development and emotional learning, and racial equity, to or in data gathering and analysis?” In a name just a few. While we know each school discussion about “relationships,” we feel a and district has its own context, we draw conceptual framework is helpful. We offer the upon the results of the two statewide MN Safe Developmental Relationships Framework2 from Learning Surveys1 to advocate that a focus on Search Institute (https://searchinstitute.org), relationships, specifically educator and student a nationally recognized nonprofit research to Katie Pekel, Ed.D. relationships, is the route to productively practice organization located in Minneapolis. addressing many competing priorities. We Drawing on both the vast literature surrounding realize this is easier said than done. relationships and their own research, Search Institute defines a Developmental Relationship Defining Relationships in five elements: (1) expressing care, (2) While we believe educators value challenging growth, (3) providing support, (4) relationships, and strive to develop them with sharing power, and (5) expanding possibilities. their students, we recognize that relationship- Supporting these five elements are 20 actions building itself is rarely the focus of professional educators can draw upon as they work to development in back-to-school sessions or PLC build these developmental relationships with meetings. While educators understandably young people. spend time on things like data analysis, Kim Gibbons, Ph.D. 1 MN Statewide Learning Surveys https://www.cehd.umn.edu/research/safe-learning-survey/ 2 Search Institute Developmental Relationships Framework https://www.search-institute.org/developmental-relationships/ developmental-relationships-framework/ 24 SEPTEMBER–OCTOBER 2021 MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL
challenges. When asked in the spring survey what they wanted to see moving forward, educator comments focused on infrastructure and workload, families cited desires to return to full-time in-person learning, and students EXPRESS CARE were concerned about grades, assignments, Show me that I matter to you. Be dependable Be warm and workload. All of this quantitative and Be someone I can trust Show me you enjoy being with me Listen Encourage qualitative data supports the need to be Really pay attention when we are together Praise me for my efforts and achievements focused on mental health. Yet, we know Believe in me classroom teachers cannot do this alone. The Framework Make me feel known and valued Experts are needed. Financial investments in Developmental relationships CHALLENGE GROWTH support systems that link school-based mental are the roots of thriving and Push me to keep getting better. resilience for young people, re- health experts with those in our communities Expect my best Hold me accountable gardless of their background or circumstances. Through these Expect me to live up to my potential Insist I take responsibility for my actions to support students and families could relationships, young people Stretch Reflect on failures provide needed space for classroom teachers discover who they are, cultivate abilities to shape their own lives, Push me to go further Help me learn from mistakes and setbacks to focus on the other remaining concerns. and learn how to engage with and contribute to the world Engagement around them. Just as trees rely PROVIDE SUPPORT on a system of roots to support Help me complete tasks and achieve goals. and nourish them, young peo- Navigate Advocate Perhaps the most difficult finding from ple need to experience devel- Guide me through hard situations and systems Stand up for me when I need it the SLS to wrap our heads around is opmental relationships in their families, schools, programs, Empower Set boundaries Put limits in place that surrounding student engagement, as respondent groups were fairly divided in their Build my confidence to that keep me on track and communities. However, too take charge of my life many young people miss these opportunities due to bias, prej- reported experiences. Educators reported udice, and systemic exclusion SHARE POWER “engaging students in learning” as their based on their race, ethnicity, Treat me with respect and give me a say. income, gender, sexual orienta- Respect me Collaborate No. 1 success and their No. 3 challenge. tion, abilities, or other differenc- Similarly, families reported “receiving Take me seriously and Work with me to solve es. Ensuring that every young treat me fairly problems and reach goals person experiences the develop- mental relationships they need Include me Let me lead support from teachers” as their No. 1 Involve me in decisions Create opportunities for me to is a vital challenge for the 21st that affect me take action and lead success and their No. 2 challenge. Students century. reported “keeping up with schoolwork” EXPAND POSSIBILITIES and “understanding schoolwork” as their Connect me with people and places that broaden my world. The Developmental Relationships Framework Inspire Connect No. 1 and No. 2 challenges, respectively. was developed by Search Institute, Minneapolis, Inspire me to see possibilities Introduce me to people who MN; 800-888-7828; www.searchinstitute.org. for my future can help me grow This likely contributed to the perceived difficulty of engaging students that educators Copyright © 2020. It may be reproduced with attribution and without alteration for educational, Broaden horizons noncommercial uses only. Expose me to new ideas, experiences, and places reported. As most return to school this fall, there may be a desire to fix “learning loss.” (See “How to Redirect the Tempting Developmental Relationships Framework from Search Institute (https://searchinstitute.org) Conversation of Learning Loss” on Pages 24-27 in the July-August 2021 edition of the Why Relationships MSBA Journal magazine at http://www. mnmsba.org/Portals/0/Journal-MayJune2021.pdf). However, as Our findings from the two statewide MN Safe Learning Surveys the often cited saying goes, “Students don’t care how much you (SLS) aimed to capture the experiences of educators, families, and know until they know how much you care.” And, as we will see students during the 2020-2021 academic year. Over 39,000 in the next section, being behind academically is a real concern, respondents across two distributions overwhelmingly told us they yet engaging students in learning cannot be demanded, and it are concerned about mental health, engagement, and being will not come without an intentional focus on building authentic behind academically. Addressing these will be important, but relationships with young people. an overarching vision or vehicle for doing so may be found in a genuine focus on relationships. Let’s look at each of these areas Being Behind Academically more closely. When asked about learning this past school year, all respondent Mental Health groups agreed they felt some learning was taking place; however, they also overwhelmingly reported they felt more learning was In both the winter and spring SLS, when asked about needed taking place pre-COVID. That information combined with the fact supports, teachers, support professionals, administrators, families, that students reported their No. 1 concern moving forward was and students all cited mental health within their top three continued on page 26 JOURNAL | MINNESOTA SCHOOL BOARDS ASSOCIATION SEPTEMBER–OCTOBER 2021 25
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