Additional Security Measures

We’ve had many inquiries about the police presence on campus this week

As you know, we take our responsibility for the safety of your children seriously. In 2007, we secured North Pointe’s perimeter with a fence and created a single access entry point with a buzzer to gain access to the campus during school hours.  Many people thought we were being extreme at the time, but events across the country now have other schools following suit.

We will soon be installing additional security in the front office to replace the current sliding window. We had talked about this change in light of the school shootings in December but an incident in the front office this week accelerated the timeline.

Monday afternoon an angry parent began yelling in the front office. When the staff attempted to secure the front office by closing the window, the parent grabbed the window and attempted to keep them from closing it. Even after the window was secured, the parent continued to pound on it and yell as the office called 911 per our emergency procedures. Principal Gow arrived on the scene and directed the parent to leave but the parent refused.

The police responded and the parent left campus. However, the responding police officer took no action against the parent. In the current culture of heightened school safety awareness, this is unacceptable. We are working with our lawyers and through other channels to make sure the parent does not come back on campus. Until the issue is resolved, I have directed Principal Gow to hire off-duty police officers to have an added level of security for our students and staff.

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Phoenix School Safety Meeting

Today I had the opportunity to attend a meeting on school safety with Phoenix Mayor Greg Stanton, Phoenix Police Chief Daniel Garcia, precinct Commanders and district Superintendents from across Phoenix. I was encouraged to hear the call for a culture change in the relationship between schools and law enforcement.  Chief Garcia said, “We don’t go into schools unless invited. That is going to change.” He went on to share his vision to get police on school campuses more frequently. He also affirmed charter schools will be included in the increased partnerships between his department and schools.

Chief Garcia said schools also need to undergo a culture shift and move to limit “pedestrian” traffic in schools.  “We need to identify who is at the school and eliminate traffic that doesn’t serve the function of the school from an educational perspective or a safety perspective,” he explained. Although the Chief acknowledged parents wanting to eat lunch with their child or wanting access to classrooms may be resistant to new policies, he firmly believes it is necessary to limit access to the campus for school safety.

Pointe Schools re-vamped its parent access policies several years ago; however, we will be re-assessing them with assistance from the Phoenix Police Department’s Mitigation Team.

I had the opportunity to meet the Commanders in charge of the precincts for North Pointe and Canyon Pointe (Pinnacle Pointe is in Glendale) and will follow up with them in the next few weeks.

I am thankful for the Phoenix Police Department’s commitment to working with all schools to ensure the safety of our students.

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FOX News Channel Interview

I was interviewed at North Pointe this morning by Fox News Channel for an upcoming feature regarding charter school safety in the wake of recent shootings across the country. The following are some of the thoughts I shared about North Pointe (on camera and off camera.)

My Reaction to School Violence
We always try to be pro-active rather than re-active. We already had plans in place and we review them regularly. We are continually looking for ways to improve student safety. Sadly, school shootings serve as a solemn reminder of why we have to be so vigilant. We always try to learn from what happens at other schools. Yes, there are some changes we are discussing in light of the Sandy Hook shootings. (For student safety, I declined to publicly share specifics.)

Armed Security on Campus
The stark reality is short of posting heavily armed guards at every classroom door, it is impossible to guarantee student safety. Yes, I would welcome armed security at North Pointe. However, with 11 separate buildings there would have to be an armed guard at every classroom door. There aren’t enough Police Officers or Sheriff Posse members to do that for every school. It is an impractical solution. However, I have an employee who is an alumni and works on our North Pointe facilities team. He also serves in a Military Police unit for the National Guard and is currently deployed in Afghanistan. Would I trust him with a gun on campus? Absolutely! I would be in favor of any staff member who had training equivalent to a police officer or military personnel being allowed to be armed on campus. Arizona laws currently don’t allow it but it will be interesting to see if the Arizona legislature considers changes this year.

Police and North Pointe Collaboration
At North Pointe Prep, we’ve established a wonderful relationship with Phoenix Police Department Off Duty Officers. The officers we’ve hired for event security, investigations or for extra security during the day have taken a genuine interest in our school and our students. When we had a bomb threat several years ago, the Phoenix Police Department assisted us by recommending we hire off duty officers to conduct the investigation and provide additional security. We were able to hire off duty officers from another jurisdiction for a couple days until we could get onto the Phoenix Police Off Duty schedule. The officers we hired were very helpful over the two weeks they were at the school and we are thankful for their assistance. We have also been able to establish a great relationship with nearby district schools so we know when law enforcement instructs them to go into lock-down. We are still trying to be added to the list of schools notified directly when there are local safety concerns.

Emergency Response Plan
While Arizona charter schools are exempt from many of the regulations that apply to our district counterparts, the Arizona Department of Education (ADE) has stated all public schools are required to have an emergency response plan. The State provides a template which lays out the minimum requirements. As a public charter school, we follow the ADE requirements. I don’t understand why any school would ignore the these resources. It would be ludicrous for a school to claim state statute may not technically require them to have an emergency response plan if something tragic actually happens.

North Pointe Security
In Arizona, most schools do not have one central building. North Point has 11 buildings. When we moved into this campus, anyone could walk off the street and into a classroom. About seven years ago we re-configured North Pointe and our two elementary schools, Canyon Pointe and Pinnacle Pointe, so there is one entry point and a buzzer is required to enter the campus. When we first implemented these measures, we received a lot of complaints. Our students and parents said we looked like a prison. Now, our students and parents understand. After the recent shootings, North Pointe Prep did not receive a single call or email from a parent about the incident or the school’s security measures. Our parents get it. They know who we are and why we are so vigilant.

Students are Key
According to the 2002 Safe Schools Initiative report, in 80 percent of the school shootings, at least one other person had information that the shooter was planning an attack. Most school safety threats are from internal rather than external sources.
•       The communication we have with our students is important to us and is a vital part of keeping our campus safe.
•       Our students tell us when there is a concern. They know their identities will be protected and they know we take their concerns seriously. We have consequences for “failure to report” and we have been known to financially reward students for reporting. We choose to fight the small stuff so we don’t have to fight the big stuff.

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Querelaphobia – The Fear of Complaints

Every now and then someone disagrees vehemently with a decision one of our administrators makes and files a formal complaint. That is the right of every stakeholder and I support that right. However, sometimes people genuinely believe threatening to “complain up the chain” will force the administrator to make a different decision. Teachers across the country experience the same thing. Sadly, that is how our society currently operates. Decisions are made based on politics; not on policies, procedures, or what is right. A teacher interviewing with us asked how many parent complaints it took to trigger the automatic reversal of an established, approved classroom policy. The principal was stunned to learn the teacher was accustomed to being required to change policies if a specific number of parents complained.

I recently responded to a complaint dealing with this mindset and my principals thought part of it was worth sharing.

I do not evaluate my administration based on their ability to avoid complaints.

One of the reasons Pointe Schools has been so successful in providing safe educational environments is our strong stance on bullying…whether it comes from students or adults. Our faculty and administration are secure in the knowledge they are not required to accept verbal abuse or harassment from parents. Teachers do not have to worry about being undermined when someone complains up the chain. As long as teachers act within Pointe Schools’ policies and procedures and make decisions in the best interest of students, they know the administration will support them. Likewise, school-level administrators know their responsibility is to carry out our mission and to comply with state and federal regulations – not to make decisions based on the fear of complaints.

Most of our parents are thrilled with our schools! They rarely write letters to our authorizer but they verbally thank our teachers and administrators daily. Our full classrooms and waiting lists are also testament to their satisfaction.

Sometimes I forget how unique we are in today’s culture. Yes, Pointe Schools employees have accountability. They are required to follow policies, procedures and do what is in the best interest of our students. However, they are not forced to suffer from querelaphobia.

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School Safety

On behalf of Pointe Schools, I want to let you know we join the nation in sadness and shock at the horrific events at Sandy Hook Elementary School in Newtown, CT last week. Our thoughts and prayers go out to everyone affected by this heartbreaking tragedy.

Our principals have received numerous e-mails and phone messages thanking them for the school safety policies we already have in place. I know our procedures can appear cumbersome and even come across as a bit neurotic at times. Unfortunately, when events like last week occur we are all reminded why they are necessary.

Pointe Schools implemented new school security measures several years ago and we regularly review, practice, and seek to improve them. Our current safety protocol includes monitoring all entry points during drop-off and pick-up, requiring proper identification before releasing elementary students, strictly enforcing our volunteer and visitor campus access policies (available in the Parent/Student Handbook), locking each campus immediately after drop-off, and utilizing a single entry system requiring a second person to remotely unlock the door to enter the school. Although events like last week’s are rare and schools are one of the safest places for children during the school day, it is a sobering reminder why we cannot allow our vigilance to waver.

Because of the tragedy at Sandy Hook Elementary School, our politicians, the media and the general public are once again focused on school safety. This heightened cultural intensity will most likely lead to new ideas, new technology, new legislation and new accountability. However, new approaches to school safety will not alleviate the burden we carry with us knowing we are responsible to return your child safely to you at the end of the day. It is a responsibility we eagerly embrace because we love your children and we appreciate the remarkable privilege it is to influence them each day. However, it is a burden because it seems, short of armed guards outside each classroom, our ability to protect every student, in every situation, is impossible. As was demonstrated this past Friday, a secure campus with effective lock down procedures and the heroic sacrifice of life was not enough to prevent such tragedy. It is humbling to know you understand this and trust that we will do our best to prevent harm when possible and that we have plans in place that are intended to minimize injury and loss of life if a similar tragedy was to occur.

As always, thank you for entrusting your precious children to us here at Pointe Schools. We never take the privilege for granted.

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Annual Financial Report

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Absences for Family Events: Clarification

I recently received a parent complaint regarding unexcused absences. I hope the following excerpt from my response will help clarify North Pointe’s policy on the issue and make the public aware of the accountability schools have when it comes to student absences.

The state of Arizona has chosen to make student attendance a high-stakes issue for schools. Not only is school funding tied to attendance, but school and district ratings have also had a penalty for excessive student absences. Although our core belief is that parents have the right to chose when their children miss school, we are held responsible for all absences. Our attendance policies are a reflection of our accountability to the state of Arizona.

 In accordance with Arizona Revised Statute §15-802 and 15-803, Pointe excuses personal illness, doctor, dental or professional appointments that cannot be made outside school hours, and family emergencies. We understand the law also states Principals “may” give special consideration for other reasons. However, North Pointe’s principal does not believe it is possible to impartially and fairly make those determinations. He does not want the responsibility for determining which graduations, birthday parties, visits to relatives, or vacations are worthy of being excused and which are not (or how many days are necessary for a family event. For example: does an out of town graduation require two days or a full week?) Additionally, he is not comfortable being forced to make a determination that one student is more worthy of an excused absence than another student.

For these reasons, it is North Pointe’s practice not to excuse any absences related to family events or vacations. Since the law uses the term “may” rather than “shall” in granting principals authority to excuse absences and he is not discriminating against any student or group of students, I support his decision. In not granting an excused absence, he is not making a value judgment on the importance of the event or the value of a student.

Pointe Schools sincerely respects parents and affirms their authority to take their own children out of school for family events; however, North Pointe will consistently record these as unexcused absences unless/until the legislature chooses to further clarify which family events qualify for excused absence status or stops holding schools accountable for parent decisions.

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Update: Charter Employee State Retirement

This morning, I received the following letter from the Center for Education Reform. At first glance, it appears to be saying the concern over the proposed IRS regulations was unnecessary. Call me a skeptic, but I believe the public outcry caused a shift in the dialogue. I don’t believe the issue is over, but it looks like Charter Employees across the nation are not in immanent danger of losing their state retirement. Again, thank you to those of you who responded!  

 

Dear Charter School Leader:

In response to your dozens of calls and emails, I am writing with good news about a much-publicized issue regarding charter school teachers’ state retirement eligibility.

We spoke directly with Pamela Kinard, the lead IRS employee collecting and responding to the comments that are coming in. The IRS has spent the last 6 years preparing for the ADVANCED Notice of Proposed Rulemaking (ANPRM) on “Determination of Governmental Plan Status.”

Nothing in the regulations is directly aimed at charter schools. There is nothing that is becoming final this summer. In fact, because this is an ADVANCED NPRM, these are not even Proposed Regulations yet. They are an early draft of what is likely — in 1-2 years time — to be proposed by the IRS as proposed regulations in a Notice of Proposed Rule Making (NPRM) for additional further comment, hearings, and eventual publication in a final rule. It may be 2-3 or more years from now before a final set of regulations on this topic is finalized.

In the meantime, there will be multiple comment periods — like the one closing in now on June 18 — and multiple public hearings. The IRS has already loudly heard the concerns that there may be a charter school issue in these proposed regulations and reports that it was completely unanticipated. It is NOT true that charter schools will be automatically denied participation in state retirement plans in June and that it will be retroactive.

It is important to know that there is a current 5-factor test to determine whether an entity is eligible for being part of a government retirement plan. This ANPRM proposes for discussion — not for adoption — some changes to that five-factor test, modernizing it. It is YEARS away from final adoption. It is a tough test currently and likely would be a tough test in several years when the final regulations come out. That said, one of the factors currently in use is whether the state considers the participants in a retirement plan to be employees of the state — which is the case in the 42 states that require or permit charter teachers to participate in a state retirement plan. That would be strongly counted in charter schools’ favor, it would seem. The IRS is not proposing or thinking of proposing a blanket rule aimed at charter schools and denying them state retirement plan participation.

When it comes to the governmental regulations process, the very name “Advanced NPRM” is a tip off that nothing final or even close to final is being proposed. The rumor about retroactivity and a June implementation date is just that, and there is no credibility to the notion that a complicated multi-factor test that is intended to be applied case-by-case will be applied categorically for a specific class of entities (like charter schools).

We hope this helps you be able to allay concerns among your teachers and your colleagues in the charter movement so you can go back to the most important work at hand — education our kids.

Thank you for your concern. We will keep you informed as we learn additional information.

Best Regards,

Jeanne Allen, President
Charles Hokanson, Executive Vice President
Alison Consoletti, Vice President for Research

CER, since 1993, is the leading voice and advocate for lasting, substantive and structural education reform in the U.S. Additional information about the Center and its activities can be found at www.edreform.com.

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UPDATE: Charter Teachers’ Retirement Benefits

The Arizona Charter Association (ACA) announced this morning that the U.S. Department of Treasury extended the public comment period for the proposed regulation prohibiting charter employees from participating in state retirement systems to June 18th, 2012.  The proposed change would affect about 83,000 charter employees across the country. The Treasury Department has said it will hold a public hearing on the proposed change in July.

The ACA also reported that in the past 8 days, 1,000 people have sent nearly 5,200 emails to the Treasury Department, Secretary of Education Arne Duncan and their respective Members of Congress to say they opposed this proposed rule. Our charter Association has been working with the media to make sure the public is informed about the issue. So far, there have been 10 stories published across newspapers, television, and radio. There are several more stories pending.

If you have not already done so, please use one of the links in my previous blog to weigh in on the subject. Thank you!

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IMMEDIATE ACTION NEEDED – Charter Teachers’ Retirement Benefits

Charter schools are considered independent public schools. We are a hybrid – government entities for the purposes of Public Records, the Open Meeting Law, Arizona State Retirement, and Special Education, etc, but are treated as private companies in most other regards. However, if a proposed IRS regulatory change passes, the charter system will be altered in some profound ways. Under the proposed regulation charter schools will not be considered “governmental” enough to participate in the Arizona State Retirement System. The time for public comment on this issue closes on February 6, 2012.

From the Arizona Charter Association (edited):

IMMEDIATE ACTION NEEDED – Protect Charter Teachers’ Retirement Benefits

There is a regulatory change being proposed by the Internal Revenue Service (Determination of Government Plan Status) that would prohibit Arizona’s 12,000 current and former charter teachers/employees who are in the Arizona State Retirement System from participating.

The legal issues behind the IRS proposed regulation are complex, and the Association will work with federal attorneys to sort them out and present them to members in a brief, cogent manner. The crux of the issue is whether charter schools are sufficiently “governmental” that they can participate in Arizona’s state pension plan.

For more background, read the Association’s letter to the Department here and take immediate action by sending a message here.

For those not familiar with it, the federal rulemaking process can be convoluted and difficult to understand; however, here is a brief overview of the process and where this proposed rule now stands.

Rulemaking is not part of the legislative process. Rules being promulgated by a federal regulatory agency, such as the Department of the Treasury - of which the Internal Revenue Service is a part – are not laws, but the guidelines that govern how a law is implemented, regulated, and enforced. Therefore, rules are not voted on by Members of Congress. Instead, the regulatory agencies responsible for putting forth these rules rely on their own expertise and experience to fashion rules, not on majority opinions. They also rely on input from Members of Congress and on public comment received during public comment periods. The rulemaking process is very prescriptive and periods for public comment are well defined. The rule being proposed by the Internal Revenue Service is currently in the public comment stage; however, the public comment period ends on Monday, February 6. The Department will hold a hearing in June on the matter.

Due to these deadlines, it is imperative that anyone who opposes the proposed rule submit comments to the Department by February 6. If you choose to submit a comment, feel free to express your own thoughts about how devastating implementation of this rule would be and how it would negatively affect Arizona and/or your household.

The Charter Association has created a quick and easy tool that will send your e-mail to the IRS, your congressmen, and the Secretary of Education. Simply sign up for votervoice.

http://www.votervoice.net/core.aspx?APP=GAC&AID=802&IssueID=27256&SiteID=-1

Article explaining the changes and their effects:

http://www.edexcellence.net/commentary/education-gadfly-daily/flypaper/2012/charter-school-teachers-would-be-hit-hard-by-new-treasury-department-ruling-on-pensions.html

If you would like to send an e-mail without registering for votervoice, I have listed several e-mail addresses (below). Make sure you use the subject line - RE: Response to Proposed Treasury Regulations, REG 157714-06. I also encourage you to refer to the Charter Associations guidelines for responses.

IRS Comments: notice.comments@irscounsel.treas.gov

Secretary of Education Arne Duncan: arne.duncan@ed.gov

Kyl, Jon (R) – info@kyl.senate.gov or http://kyl.senate.gov/contact.cfm

McCain, John (R) – senator_mccain@mccain.senate.gov or http://mccain.senate.gov/public/index.cfm?FuseAction=Contact.contactform

To find the e-mail for your Representative - https://writerep.house.gov/writerep/welcome.shtml

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