Wednesday (March 18) was a particularly important day for Jordan School District. The decision of the Arbitration Panel was released. This decision launches us to a new level in the process of being prepared as a District for the 2009-10 school year. There’s a lot of significant detail and reasoning in the written decision itself. I encourage you to review it to get a sense of the complexity of the issues and the basis upon which the arbitrators ruled. Their reasoning, rationale, and suggestions to the Legislature are admirable.
Realizing that this is an oversimplification, here’s the essence of the arbitrators’ decision:
1. Both districts retain buildings, fixtures, furnishings, land, water rights, and equipment currently in the geographic boundaries of their district. There is no exchange of money for these assets.
2. Cash fund balances will be allocated based on the student populations of the Canyons and Jordan School District, respectively 41% and 59%.
3. One exception to these distribution processes is school buses. They will be allocated based on historical usage, meaning, the number of buses needed to transport students this year, east and west, will be the same as will be needed and allocated to each district for next year. The only decision to be made is how to assign buses fairly based on age, mileage, and make of bus (diesel, CNG). The Transition Teams are assigned to determine these agreements.
Ultimately, the arbitrators grounded themselves in a decision making model that took into account students in each district. I’m very pleased this was their primary criterion. It’s a good feeling to have this behind us. It’s been a long process leading to a positive conclusion.
Welcome back! I like being away. I also like my work and enjoy getting back to a familiar routine.
January brings some important issues to watch. First of all, I anticipate a decision from the Arbitration Panel on the division of district assets within the next two weeks. Those decisions will determine which district holds title to buildings, property, furnishings, vehicles, and the percentage of cash within the existing District funds.
Also, on Jan. 14 the Herriman City appeal of a Utah Federal Court ruling will be heard in Denver. This appeal relates to the constitutionality of the process by which Jordan District was divided. It’s uncertain when a ruling on the appeal will be issued. It could be several months or many months. No one seems to know for sure.
Another important activity to watch is the workings of the Utah Legislature. They begin Jan. 26 and conclude March 12. The big question on everyone’s mind is what the State budget for next year will look like. I anticipate the Legislature will adopt a reduced budget from this year during the first week of the session and will adjust the allocations up or down depending on updated revenue figures received in mid-February. I’m encouraged by Governor Huntsman’s continued emphasis on the need to keep education funds constant (at least minimize any reductions) and look for ways to increase teacher compensation over the next several years.
I’ve met recently with PTA leaders, School Community Council Chairs, and school administrators from around the District. Without exception, everyone is looking for information about issues relating to the District division. Here is an update:
• Hearings before the three-member Arbitration Panel begin Monday, Dec. 8, and will last through Dec. 19. Then the decisions of dividing the District assets rest in their hands. We’ll have to wait until mid to late January to know what the panel decides.
• The 10th Circuit Court of Appeals in Denver will hear oral argument regarding the Herriman City appeal of the constitutionality of the vote to divide the District on Jan. 14, 2009. We don’t know when to expect the court’s decision.
• The three boards of education have come to an understanding about how they will fill administrative vacancies that occur between now and June 30, 2009. Vacancies will be filled by Lead or Interim assignments, and permanent administrative positions will be named as soon as possible.
• The Remaining Jordan School District Board is studying budgets and school enrollment estimates in preparation for developing a funding strategy that will ensure our success.
The process for dividing District assets is different from the process that may determine shared services for staff and students. Dividing District assets is the role of the three-member arbitration panel. They will render a decision in January 2009. Sharing services to students and staff are decisions that will be made between the two boards of education in the new and remaining districts.
Dividing District assets mainly involves ownership of vacant land, school buildings and other facilities, buses, vehicles, building contents, and cash balances in various accounts. The question of dividing those assets in a fair manner has been the work of the transition teams and is now the work of the arbitration panel.
Shared services can be divided into two general categories, (1) business services, and (2) programs for students and staff. Business services include payroll, insurance, accounting, purchasing, auxiliary services, transportation services, etc. Programs for students and staff include special education, access to applied technology programs, staff development, guidance services, ESL services, student registration, home and hospital services, crisis teams, homeless services, etc. There are lots of these kinds of services.
Things are moving forward with the arbitration panel as well. The three-member arbitration panel has been selected. The members are Michael Zimmerman, former Chief Justice of the Utah Supreme Court, Darrell White, former Education Deputy to Governors Leavitt and Walker as well as superintendent of the Davis School District, and Allan Funk, CPA. Both transition teams and its attorneys are preparing to present its cases to the panel in December. It is anticipated that the presentations to the arbitration panel will be completed before our Winter Recess. The arbitration panel’s decisions are anticipated in late January 2009. I’m also following the arbitration process carefully. I wish we would know sooner about their decisions, but it doesn’t look like it’s feasible before next January. I’m OK with that because in my opinion services to students and employees are the most important activities to be focused on right now. Who actually owns what buildings and land is important in the long term. However, right now we need to be sure our primary focus is on our students and employees.