LEADERTuesday, October 17, 2017

Inside ■ First formal step to replacing aging election equipment now available

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■ Part 2: Evaluating the superintendent’s performance; walk-ins welcome for workshop

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■ MSBAIT hosting Erin’s Law webinar on October 18

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CalendarOctober 23: Superintendent Evaluation Workshop (Bemidji)

October 24: Superintendent Evaluation Workshop (Kasson)

October 27: Building a High-Performance School Board Team: Phase III (St. Peter)

October 28: Representing Your Community Through Policy and Engagement: Phase IV (St. Peter)

Master Agreements

New and updated model language: Tier 2 teachers and grievance mediation

We take kids to school.

By MSBA Staff

The 2017 Legislature created a four-tier licensure structure for teachers that will go into effect July 1, 2018. Each of the four tiers addresses specific requirements such as education and employment provisions. Therefore, based on the rationale provided below, Tier 2 teachers do not acquire continuing contract rights nor rights to bump pursuant to unrequested leave of absence (ULA), and school districts should state which articles in the Master Agreement apply to Tier 2 teachers and which do not. Access MSBA’s Tier 2 Teachers Model language.

Minnesota Statute (M.S.) 122A.182 states that “a Tier 2 license shall not be construed to bring an individual within the definition

of a teacher for purposes of M.S. 122A. 40, Subd.1. or M.S. 122A.41, Subd. 1.” This point has important ramifications both for purposes of continuing contract status and for placement on unrequested leave of absence (ULA). Unlike M.S. 122A.181, which clearly states Tier 1 teachers do not fall within the definition of teacher for purposes of continuing contract (M.S. 122A. 40, Subd.1., M.S. 122A.41, Subd. 1.) and bargaining (M.S. 179A.03, Subd. 18.), M.S. 122A.182 fails to address M.S. 179A.03; thus, by default, Tier 2 teachers are part of the appropriate unit for teachers and are covered by the teachers’ Master Agreement.

Grievance mediation: As a follow-up to information previously provided to

Reserve hotel room for Leadership ConferenceMembers can now reserve their hotel rooms for the MSBA Leadership Conference scheduled for January 11-12, 2018, at the Minneapolis Convention Center. Check out your hotel reservation options at http://www.mnmsba.org/LeadershipConferenceHousing. The MSBA Leadership Conference housing block will close on December 8, 2017. After the deadline, standard rates apply based on availability.

Event registration will be available soon.

See LANGUAGE, Page 2

Page 2 Tuesday, October 17, 2017

There should be an email in your inbox which asks you to take 10 minutes to fill out our annual MSBA survey. This year, the survey is about board development — workshops, in-services, and conferences.

We want to give YOU an opportunity to tell us your opinion of the material, what other workshops you’d like to see, how far you’d be willing to travel to a workshop, what day of the week works best for you, and what time of day works best for you.

The accompanying chart shows how we took YOUR input on our communication survey and changed our practices to benefit you.

If you have never participated in a workshop, we’d like to know why and what changes we could make to ensure your attendance.

We will also ask you about our in-services, such as Mutual Expectations, School Board Self-Evaluation, and Superintendent Search In-service. These sessions are facilitated IN YOUR DISTRICT at your board team’s request.

Lastly, we want to know what you think of our Leadership Conference and Summer Seminar. What do you like? What could be added/changed? What value do you place in having these conferences available? (Just a note that MSBA is the only state in the

nation to offer free registration to our annual conference as a benefit of your district’s dues.)

One constant with our programs is that we will continue to change, update, and get the best information possible out to public school boards. With technology ever-evolving, please share your ideas and suggestions in the “comments” areas of the survey to help us understand how we might provide learning opportunities to you in the future.

If you did not receive an email with the survey link yesterday or you do not have an email address, simply call 800-324-4459 or email Greg Abbott at gabbott@mnmsba.org and a direct link will be emailed or a hard copy of the survey will be mailed to you upon request.

The survey will close at 5 p.m. Tuesday, October 24.

MSBA is your go-to Association. Your input will continue to make the Association even better.

Deadline extended to complete survey that will help shape MSBA’s workshops and conferences

Learning

MSBA’s members regarding grievance mediation, MSBA has updated the Grievance Procedure article of MSBA’s Model Master Agreement. The updated language includes mediation as a resolution option prior to seeking arbitration. As a reminder, mediation is typically cheaper than arbitration and the recommendation of the mediator is advisory, whereas the decision of the arbitrator is final and binding. Access MSBA’s updated Grievance Procedure Model language.

(Continued from Page 1)

LANGUAGE: Updated language includes mediation as resolution option prior to seeking arbitration

Tuesday, October 17, 2017 Page 3

Registration remains open for the Building a High-Performance School Board Team: Phase III and Representing Your Community Through Policy and Engagement: Phase IV workshops scheduled for next week at the MSBA office in St. Peter.

The Building a High-Performance School Board Team: Phase III workshop focuses on methods of decision-making, stages of board development, navigating board dynamics and small-group interactions with video school board scenarios, and the MSBA School Board Self-Evaluation.

The final Phase III workshop is set for Friday, October 27, in St. Peter.

The Representing Your Community Through Policy and Engagement: Phase IV workshop focuses on in-depth discussions and examples of a board member’s role as a policymaker and interactive small group sessions that walk through an actual community engagement activity. There will also be a segment on dealing with the media and public forums.

The final Phase IV workshop is slated for Saturday, October 28, in St. Peter.

Advance registration closes for both workshops on October 20. Walk-in registrants will be welcome, too.

Register for final fall workshops in St. PeterLearning

Building a High-Performance School Board Team: Phase III Workshop

■ Friday, October 27, in St. PeterOn the web: http://www.mnmsba.org/Phase-III-Workshop

Representing Your Community Through Policy and Engagement: Phase IV Workshop

■ Saturday, October 28, in St. PeterOn the web: http://www.mnmsba.org/Phase-IV-Workshop

Registration: http://www.mnmsba.org/EventRegistrationHomePlease ask your school district office to register you in advance.

2018 Leadership ConferenceShow off your schools, send in Show & Tell application by November 1Show off your school program(s) at the Show & Tell exhibit during the 2018 Leadership Conference.

The Show & Tell application is for school districts to showcase exemplary student, adult or early childhood programs to the 2,000-plus conference attendees.

The program displayed can be unusual or traditional and should be a program that reflects the breadth of activity being carried out by your district.

Access the Show & Tell application at https://www.surveymonkey.com/r/2018Show-TellEvent. Please complete this form by Wednesday, November 1. The Leadership Conference is scheduled for January 11-12, 2018, at the Minneapolis Convention Center.

Page 4 Tuesday, October 17, 2017

I am excited to announce that my office is officially accepting grant applications to assist with the purchase of new voting equipment. This is the first formal step that counties, cities, towns, and school districts, which need assistance, can take to replace aging election equipment.

As you know, this has been a major priority of mine since taking office and I have discussed this issue with many of you in great detail. For those who may not be familiar, earlier this year the Legislature authorized $7 million in grant funding to assist with the purchase of new voting equipment. It provides up to a 50 percent match for mandatory equipment, such as optical scan precinct counters, optical scan central counters, or assisted voting devices; and up to a 75 percent match for electronic rosters.

The deadline for jurisdictions to submit an application for grant funds is December 15, 2017 at 4 p.m.

Applications are available at http://bit.ly/mnelectiongrant, as well as additional information and Q&A on the grant application process.

It is critical that we ensure voting

equipment is up to the standards Minnesotans expect and I encourage all counties, cities, towns, and school districts to consider this available resource.

Grant amounts will be determined based on the number of precincts used for the November 2016 State General Election (4,120 precincts statewide). My office determined that the maximum possible grant that could be awarded would be $5,000 per precinct. If the applications submitted exceed the $7 million allocated by the Legislature, which we believe is likely, this amount will be proportionally reduced. At a minimum, if every county applied, the awarded grant would be $1,699 per precinct.

Important Dates for the Grant Application

■ December 15, 2017: Applications must be received by the Office of the

Minnesota Secretary of State by 4 p.m.■ January 31, 2018: Grants will

be awarded with across the board reductions if requests exceed the funds available.

■ February–March 2018: Grant contracts signed and returned, funds provided to jurisdictions.

■ February 2018–August 2019: Equipment purchased.

■ August 31, 2019: Unused funds must be returned to the Office of the Minnesota Secretary of State.

■ September–December 2019: Possible second round of grants from unused/returned funds.

■ June 30, 2020: Unused second round funds must be returned to the Office of the Minnesota Secretary of State.

As I said, my office expects local jurisdictions to request more than the $7 million in grant funding available, which is why I will continue to work with the Legislature to address this pressing need and ensure voting equipment works properly and consistently in precincts all around the state. Thank you again for all the work that you do.

First formal step to replacing aging election equipment now available

Elections

Steve SimonMinnesota Secretary of State http://www.sos.state.mn.us

MSBA Delegate AssemblyAttention delegates: Reserve hotel, plan for Pre-Delegate Assembly meetingsDelegates can make their hotel reservations for the 2017 MSBA Delegate Assembly, slated for December 1-2, 2017, at the DoubleTree by Hilton Hotel Minneapolis — Park Place. See www.mnmsba.org/DelegateAssembly to access the reservation link. Also, see www.mnmsba.org/PreDelegateAssemblyMeetings to plan for a Pre-Delegate Assembly meeting option.

Delegates come together at the Delegate Assembly to discuss and vote on legislative resolutions submitted by school boards and individual school board members. Those resolutions that receive a majority vote, as well as positions adopted during previous years, become the basis for MSBA staff lobbying efforts on behalf of all public school board members in the state.

Tuesday, October 17, 2017 Page 5

Superintendent Evaluation

MSBA continues to recommend that school boards avoid using “360-degree evaluations” to evaluate their superintendents. Typically, 360-degree evaluations are tools used to gather information from a variety of individuals (such as subordinates, peers, parents, students, and members of the public) to be used by school boards to determine their superintendents’ strengths and/or areas in need of improvement. While advocates of such evaluations may believe that non-board members’ evaluations are beneficial as one of several information sources, concerns exist relative to governance, the Open Meeting Law, data privacy, and past practices. MSBA’s reasons for rejecting 360-degree evaluations are provided below.

Governance: The school board, as a body, is the hiring authority. Because the school board employs and directs the superintendent, the school board is the entity responsible for evaluating the superintendent’s performance. School district staff and community members are not responsible for hiring or directing the superintendent. They do not possess all of the information about the entire school district needed to effectively judge the superintendent’s

performance, and the school district’s staff is directed and evaluated by the superintendent — not the other way around.

Open Meeting Law: School boards, unlike boards of private entities, are subject to Minnesota’s Open Meeting Law. When 360-degree evaluations are used, respondents often take the opportunity to vent their frustrations about the superintendent’s (or other employees’) performance, and performance data is protected data which cannot be discussed in an open meeting. The school board is then expected to address those negative comments at an open school board meeting, and, if it does not do so, respondents may be disappointed, and unnecessary conflict may result.

Data privacy: Another factor to consider is data privacy. The superintendent’s evaluation, like any evaluation, generates private, personnel data that are intended for the hiring and supervising authority (the school board) and superintendent only. The data that are created by the 360-degree evaluations are considered

to be government data, and, as noted above, if a respondent includes comments about the superintendent’s performance, the comments may be classified as private, personnel data. If so, the school board must protect the privacy of that information. In addition, some respondents may take the opportunity to vent about other school district employees, which may create additional private data that must also be protected.

Past experience: in situations where 360-degree evaluations are helpful, the superintendent — not the school board — controls the process. The information gleaned from the evaluations is used for personal reflection and self-improvement. The superintendent decides whether to share the evaluation results with the school board. If a positive school board-superintendent relationship exists, the 360-degree evaluation may be viewed as useful; conversely, if problems exist, the evaluation will likely make matters worse. Newly hired superintendents are often expected

Evaluating the superintendent’s performanceSandy GundlachDirector of School Board Servicessgundlach@mnmsba.org

Walk-ins are welcome to attend Superintendent Evaluation WorkshopsEvaluating the superintendent’s performance is one of the school board’s most important duties. Advance registration is closed, but walk-ins are welcome to attend the remaining MSBA Superintendent Evaluation Workshops. Please see the remaining schedule below. Direct questions to MSBA’s Sandy Gundlach at 800-324-4459 or sgundlach@mnmsba.org.

Superintendent Evaluation Workshop■ Monday, October 23, in Bemidji■ Tuesday, October 24, in Kasson

On the web: http://www.mnmsba.org/SuperintendentEvaluationWorkshop

See EVALUATION, Page 6

Note: This is Part 2 of Sandy Gundlach’s “Evaluating the superintendent’s performance” article. See the October 3 edition of The Leader for Part 1.

Page 6 Tuesday, October 17, 2017

to use the 360-degree evaluation process that was developed for the previous superintendent, even though the priorities and performance expectations have changed.

Ultimately, the evaluation of a new superintendent must be determined by the school board working with that superintendent based on the superintendent’s goals and the school board’s expectations.

Resolving Differences Between the School Board and the Superintendent

School boards would be wise to adopt a procedure that allows them to attempt to resolve any differences that may arise between them and their superintendents.

Hopefully, the procedure, which must comply with Minnesota laws including M.S. 123B.143, Subd. 1, will allow for differences — including perceived unsatisfactory performance

— to be addressed sooner rather than later. The steps to resolving the differences between a school board and its superintendent provided below have been taken from Chapter 3 of the MSBA Service Manual.

1. A designated member of the school board should informally discuss the issue(s) with the superintendent to facilitate articulation and recognition of the problem(s).

2. If the informal discussion does not result in agreement or resolution of the problem(s), the school board and the superintendent should then seek outside advice, including contacting their respective professional organizations. This step is aimed at resolving differences without resorting to formal proceedings or legal involvement.

3. If the involvement of outside resources still does not result in agreement or satisfactory performance after a reasonable time,

the school board should inform the superintendent in writing, specifically outlining the deficiency or deficiencies and allow him/her a reasonable time during which to produce a remedy or remedies after consultation with and advice from the school board. Such consultation and advice should represent positive efforts by the school board to support and assist the superintendent’s remedial actions.

4. If the issue is still not resolved and termination of the employment contract appears to be the only solution, then both the school board and its superintendent should seek legal counsel for advice regarding appropriate action.

Following these steps for superintendent evaluation can assist school boards in developing and maintaining effective and positive relationships with their superintendents.

(Continued from Page 5)

EVALUATION: Board should adopt procedure to help resolve differences with superintendent

Learn about tools you can use from Mental Health First Aid — a workshop for local government employees from cities, counties, school boards, and townships. During this workshop, you’ll create partnerships with other community leaders as you discover ways to help with this growing issue.

MSBA is partnering on this workshop with the League of Minnesota Cities, the Association of Minnesota Counties, and the Minnesota Association of Townships.

The final workshop on the schedule is set for Thursday, October 26, in Stewartville. Please see accompanying box for registration information.

Learning

Final Mental Health First Aid workshop scheduled for October 26

Mental Health First Aid workshop■ Thursday, October 26, in StewartvilleOn the web: http://www.lmc.org/fallworkshop2017Registration: Contact the League of Minnesota Cities’ Chris White at cwhite@lmc.org for registration information.

The contents of this newsletter are provided for informational use only and are not to be construed as legal advice. If you need legal advice, consult your attorney.

Tuesday, October 17, 2017 Page 7

MSBAIT hosting Erin’s Law webinar on October 18MSBAIT Matters

Join MSBA, the MSBA Insurance Trust (MSBAIT), and Kyllo Consulting for a FREE timely webinar exploring Erin’s Law and expectations for sexual violence prevention and mandatory reporting in Minnesota schools.

“Understanding Erin’s Law and Sexual Violence Prevention in Minnesota Schools” is slated for 2 p.m. Wednesday, October 18.

Melanie Lockwood Herman and Erin Gloeckner from the Nonprofit Risk Management Center will share best practices in child abuse prevention, while helping you understand the nuances of Erin’s Law and its impact on your school district.

Register now at http://bit.ly/2hILDTr. (See Page 10 to learn more about MSBAIT.) www.mnmsba.org/MSBAIT

Submitted by Marsh & McLennan Agency

October is National Cyber Security Awareness Month. Don’t be fooled by these four myths of IT data Security.

■ Myth No. 1: We have little confidential information to protect.

You might think a district has little exposure to a network security event. However, schools hold data on their current employees and students and probably have information on employee prospects as well as recently-terminated employees.

■ Myth No. 2: We use a third-party vendor so we do not have the exposure.

Using a third-party vendor may actually present additional exposure to your district. As your systems link with other systems and connect with other companies’ data, you take on the added exposure of potentially corrupting or breaching the data of multiple businesses due to your processes and your people.

It’s also important to fully understand the indemnification agreements and hold-harmless contractual wording in place with the third-party vendors, and to verify that they have adequate resources, including insurance, to back their indemnification obligations to your business.

■ Myth No. 3: Our IT Department assures us that we do not have any exposure.

Consider the recent Sony case. This is an example of a large, sophisticated company with the latest and greatest technology protection that was hacked with apparent ease. Businesses with the best controls still have data breaches. You can’t engineer the people-factor out completely: Laptops get stolen, and PDAs get left unattended.

There have been reports of the FBI, the U.S. State Department, and multiple Fortune 500 companies being hacked despite sophisticated control measures and teams of people working to protect their systems.

■ Myth No. 4: Hackers only attack large companies. A new 2016-2017 Radware’s security report found that 98

percent of organizations survived the cyber-attack in 2016. Thirty-one percent of these attacks were committed against small and medium-sized businesses with less than 250 employees. Visa Inc. estimates about 95 percent of the credit-card data breaches it discovers are on its smallest business customers.

For more information, please contact your local Marsh & McLennan Agency representative or visit http://www.marshmma.com/CyberLiability.

Are you cyber secure? Don’t fall for IT data security myths

On the web: http://www.marshmma.com/home.aspx

Apply for NSBA’s equity-focused Magna Awards by November 6Nominate your exemplary and innovative program for the National School Boards Association’s 2018 Magna Awards. The 2018 awards program will focus on equity in education and will recognize district programs that remove barriers to achievement for vulnerable or underserved children. The nomination period ends November 6. Learn more at http://www.nsba.org/newsroom/american-school-board-journal/magna-awards.

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Minnesota students are participating in College Knowledge Month during October, a time when high schools and postsecondary institutions help students navigate the college application process. Minnesota students can also send in college applications to participating institutions for free.

“Applying to higher education after high school can be an exciting and confusing time for students, especially if they are the first in their family to go to college,” said Education Commissioner Brenda Cassellius. “Bringing together high schools and postsecondary institutions helps students get the support they need to decide what is best for them. This is particularly important in eliminating barriers to college entrance and helping students get the information they need to work through their college applications.”

Minnesota joined College Application Week in 2011, which piloted at 17 high school sites. Since then, the initiative has expanded to include more than 190 schools and college access programs.

The monthlong effort allows students to do more than just submit an application. Applying is only one step of the college application process — the result of thoughtful exploration and planning. During the month of October, students participate in the process at their own pace. Schools can align this initiative with the many college exploration activities that are already taking place in the fall of the academic year.

See https://content.govdelivery.com/accounts/MNMDE/bulletins/1bbbf7e to view the complete press release.

Students, educators and advocates come together to mark bullying Prevention Month Students and schools across Minnesota are participating in projects and events to reduce harassment and bullying in schools as part of Bullying Prevention Month. National Bullying Prevention Month is a nationwide campaign founded in 2006 by PACER’s National Bullying Prevention Center. The campaign is held during October and aims to unite communities throughout the world to educate and raise awareness of bullying prevention.

“It is important that we ensure all of our students are safe and feel welcome at school,” Education Commissioner Brenda Cassellius said. “This means being in environments free of bullying and harassment. This month, we create awareness and take action to stop bullying. These behaviors are learned. Therefore, children can be taught how to avoid these behaviors and ask for help if it occurs.”

Nearly two out of 10 Minnesota students — 18 percent — surveyed said they were bullied or harassed weekly, according to the results of the 2016 Minnesota Student Survey.

See https://content.govdelivery.com/accounts/MNMDE/bulletins/1bb46ac to view the complete press release.

Minnesota Department of Education

Students and schools celebrate College Knowledge Month

Green Apple Day of Service offers a range of options for supporting schools in getting a green project or hands-on lesson off the ground.

Projects can range from an in-classroom lesson in sustainability, to a garden planting day, to a hands-on greening project improving your school environment, to

anything in between or above and beyond. Big or small, the U.S. Green Building Council (USGBC)

has project ideas and support to help you along. Green Apple can happen any time of year.

Visit http://greenapple.org for details. Contact sleonard@usgbc.org with questions.

Minnesota schools welcome to participate in Green Apple Day of Service

Education Minnesota is accepting nominations for its 2018 Minnesota Teacher of the Year award. The program is now in its 54th year. Do you know an educator who deserves recognition? You can nominate a top teacher through Wednesday, November 15, at https://www.educationminnesota.org/news/awards/teacher-of-the-year/nomination-form. Learn more about this program at https://www.educationminnesota.org/news/awards/teacher-of-the-year.

Education Minnesota accepting nominations for teacher of the yearMinnesota Teacher of the Year

Tuesday, October 17, 2017 Page 9

The Leader is published as a member service by the Minnesota School Boards Association, 1900 West Jefferson Avenue, St. Peter, MN 56082. The Leader is edited by Associate Director of Communications Bruce Lombard. Call 800-324-4459 with any questions.

Job openings, Marketplace notices and other information can be emailed to blombard@mnmsba.org or faxed to 507-931-1515.

Job OpeningsSuperintendents/Directors■ Region V Computer Services Organization — executive director (application deadline: October 18)

Visit www.mnmsba.org/DistrictJobOpenings for application information.

Visit www.mnmsba.org/MSDLAF for the latest Minnesota School

District Liquid Asset Fund Plus rates.www.facebook.com/mnmsba www.twitter.com/mnmsba

MarketplaceThe Goodridge Public School District is interested in purchasing a used set of football lights. Please contact Goodridge Superintendent Galen Clow at 218-378-4133 or 218-689-3951 for information.

Minnesota State High School League

The Minnesota State High School League Board of Directors held its latest meeting October 5 at the MSHSL office in Brooklyn Center.

Highlights of this meeting are listed below.

Executive Committee Report■ Approved the co-op request

between Thief River Falls and Goodridge in baseball for Class AA during the 2017-2018 and 2018-2019 placement cycle.

■ Reviewed a draft to amend the QRF policy. The change will address forfeits. This will be on the November meeting agenda.

■ Approved GrandStadium as the League webcast partner as determined by 45TV for the 2017-2018 school year.

■ Discussed a policy change for the use of a non-registered official. This will be an action item on the November meeting agenda.

■ Discussed a request by U.S. Bank

Stadium to change the date of the 2020 football quarterfinals. No motion was made because the committee believes a change would negatively affect member schools, attendees, and 45TV.

■ Discussed a possible staff addition for technology.

■ Reviewed a request from Warroad High School regarding employees from Canada that would like their children to attend school and participate in activities.

■ Discussed the classification and format input process to receive information from member schools.

■ Reviewed the timeline to hire an Executive Director. A candidate to fill

the position is projected to be identified by the November board meeting.

Action Items■ In a vote of board members, Dave

Swanberg of Le Sueur-Henderson High School was elected board president for the 2017-2018 school year. Bonnie Spohn Schmaltz was elected vice president.

■ Approved the board goals for the 2017-2018 school year.

■ The board reaffirmed its support of the Continuing Education Requirement (CER) policy and application of any prescribed remedies. Also clarified that the CER requirement renews every three years.

See www.mshsl.org/mshsl/upload/MSHSL151930Board%20Syopsis%20---%20Oct.%205,%202017.pdf to view the complete meeting synopsis

The next MSHSL Board meeting will be held Thursday, November 30.

MSHSL Board of Directors holds October meeting

Protection assurance when you need it.

Denise Drillddrill@mnmsba.org

Gary Leeglee@mnmsba.org

Find out what MSBAIT can do for your district.Call 800-324-4459 or email one of

your MSBAIT representatives today.

www.mnmsba.org/MSBAIT

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