by Mike Sharkey
Staff Writer
These days there is a virtual laundry list of issues plaguing the Duval County public school system and everyone seems to have their personal, professional and political list of solutions. Civic leaders, professionals and aspiring politicians have all piped up about everything from FCAT scores to increased teacher training.
Within everyone’s top three is discipline, or lack of, in the schools at every level. At the request of the School Board, specifically outgoing member Linda Sparks, City Council is getting in on the act. Currently, there is an ordinance in draft form that would essentially make it illegal — after several documented attempts — for parents to ignore the pleas of teachers and principals countywide for conferences to solve their children’s behavior or academic problems. The ordinance is sponsored by Council president Jerry Holland and Council member Ginger Soud, but, if passed, Sparks will be remembered as the driving force.
“I authored everything in there,” said Sparks, who will leave the Board in November because of term limits. “I have researched it and worked on it since February.”
For Sparks, a former teacher who was elected in 1994, the ordinance represents a chance to have a major impact on the system. And, she claims to have plenty of support for the resolution, which comes in two parts — one at the local level, the other at the State level.
“The Florida School Board Association supports it and [State Senator] Steve Wise has agreed to push it through the State Senate and [State Rep.] Stan Jordan will sponsor it in the House if he’s reelected,” said Sparks, who firmly believes that discipline is the single biggest issue facing public schools and she doesn’t pull any punches when talking about it, either. “This is desperately needed. Right now there is no system in place to enforce the Student Code of Conduct and there’s no relief for the schools.
“Parents don’t show up for conferences and their kids are terrors who are robbing the other kids of their education.”
Sparks explained that her resolution is based on one specific recommendation made by the New Century Commission — a group of civic and professional leaders formed to examine the school system and provide a list of recommendations — in 1998.
“The study turned every stone and established a blueprint for education,” said Sparks. “They made 155 recommendations and one of those was to City Council. That recommendation was to enact a local ordinance that would provide a sanction for parents whose kids chronically misbehave. I thought it would go somewhere, but it didn’t. I’m just asking Council to help us enforce the Code of Conduct.
“I go back to the City’s leash laws. They have far more power to enforce the leash laws than the School Board does to enforce the Student Code of Conduct.”
Soud, who is also the chair of the recently created 12-member Education Task Force, said the idea is to encourage parents to get involved and hold those that refuse accountable.
“We are trying to help our school system by creating more participation from the parents when children are having problems,” said Soud, who is also running for mayor. “This will give the principals of schools the ability to get parents to come to the schools and deal with whatever problems the children are having.”
However, this ordinance won’t be easy to pass. There is a slew of legal issues that must be wrangled with first and a slew of people dissecting the ordinance and the State statutes that already deal with behavior and truancy. A similar law is currently working its way through the State Legislature and, because the School Board is governed by the State, it would supersede any local laws. Attorneys from the General Counsel’s Office are analyzing the State statute and the proposed ordinance to make sure that what Council may eventually enact is enforceable and doesn’t conflict with State constitutional issues such as preemption, due process and the State charter.
“It is a top priority in this office,” said Jeanne Miller of the General Counsel’s office. “We are working with the School Board. We want to make sure it’s enforceable and it’s fair to parents and the schools and will withstand a constitutional challenge. The best minds in this office are working on it as is the School Board and eventually the State Attorney’s Office. It’s a collaborative effort.”
The State Attorney’s Office will be included because the ordinance eventually calls for parents to be penalized — or even held in contempt — for habitually failing to appear at their child’s school. Soud said she can envision upwards of three official requests before a punishment would be levied, perhaps an initial monetary fine that increases with each offense. She’s also quick to note that every attempt will be made to accommodate the parents’ schedules and assure matters get addressed in a timely manner.
“The principals will send home a notice that says, ‘Your child is having academic problems and we request a conference with you’ or a notice that says, ‘We are having behavior problems with your child and we need to meet with you and the teacher,’ ” explained Soud. “We want to make sure the ordinance does two things. One, to give the principals the authority to make parents come to school. Two, there should be no retribution at work for the parents missing work time by having to go to schools. The businesses will not be required to pay for the time the parents are gone. They will have to use leave time.”
Holland said the ordinance is not designed to fill the Duval County jail with negligent parents but rather an attempt to hold parents more accountable for the actions of their children. Holland believes that once that is accomplished, there will be a serious reduction in the number of failing schools.
“This will spark serious debate and take serious work on both sides,” said Holland. “The intent is not to send parents to prison. The intent is to increase parental involvement. We know where the failing schools are and the bill is not meant to burden the parents in those schools, but make them responsible for their kids. If not, the cycle of failing schools will continue. This is not an attempt to make money or send parents to jail.”
School Superintendent John Fryer said the ordinance would be another tool available to administrators and teachers at schools with youngsters who habitually misbehave. As it’s written now, the ordinance would apply first to students who have been suspended in or out of school for more than 15 days within a school year.
“This was initiated by our Board member, Linda Sparks, and I assume it’s [the draft ordinance] close to that,” said Fryer, who received a copy of the draft last week. “It’s designed to put more teeth into holding parents responsible for children’s behavior. Whether or not it will legally hold up is yet to be seen.
“Certainly, all of us in the teaching business believe we need better tools to deal with those few major discipline problems; that 1.5 to 1.6 percent of students that are real problems.”
Fryer and Soud are optimistic about the bill’s effective date. Soud believes it can be read into the record within the next Council legislative cycle or two. Fryer said he and his administration are eager to implement anything that will help, but considering the next state legislative session isn’t scheduled to begin until March, he’s not counting on any action this school year.
“I have not yet received the draft,” said Soud on Monday. “Once I do, we will review it, make changes and get it filed. It should be in our committee process soon. It could be filed by tomorrow’s [Tuesday’s] deadline. If not, it will be in the next cycle.
“I believe the superintendent and the School Board will respond promptly and get it implemented in the schools.”
Said Fryer: “Given where we are, we are well-prepared for a series of discussions through City Council and the next legislative session. We will be happy to implement this any time, but it will probably be next year. If it’s this year, then our principals will be delighted.”
Holland agrees with Fryer’s cautious optimism.
“I’m not in a hurry to push this bill ahead of its support and that support is the School Board,” said Holland. “If we just throw the bill out there and it’s constitutionally wrong, then it’s a waste of time.”
For Sparks, the issue goes beyond just holding parents accountable for their kids in the future. It’s personal.
“I could give you horror stories about things that have gone on in the classroom,” she said. “In fact, I have been hit as a teacher before. It’s just a matter of sending the message that chronic misbehavior won’t be tolerated and parents should be held accountable for the actions of their children. I think that ought to be a crime.
“I see this as my last major contribution before I leave and I will push this as far as I can.”
Sparks is also going to bat for the 7,000 teachers in Duval County who must contend with every socioeconomic situation imaginable day in and day out. She recently sent out a confidential survey to every teacher and the 2,262 responses only solidified her decision to push her proposed legislation.
“The number one plea among middle and high school teachers is: please help us with the discipline,” said Sparks. “Many are indicating they are about to quit because of disciplinary problems.”