Tuesday, August 12, 2014
NPR reports this week on New Orleans officially becoming the first major city with an all-charter school district, as we posted earlier this summer. While the Recovery School District's reports of significant gains is encouraging - student performance on standardized math and reading have increased from 23 percent in 2007 to 57 percent in 2013 performing at grade level - other districts have remained cautious about ditching traditional public schools. First, the city's school system was in deep crisis pre-Katrina, prompting a state takeover of New Orleans' schools two years before the hurricane. And the RSD has been supported by federal and private funds and support in amount that the traditional schools did not have. Further, RSD continues to face troubling accusations about what it had to do to get those gains, including charges that its charters suspend and expel students for minor infractions, that some charter schools have not served special education students well, and that the city may have to pay $1.5 billion to compensate the public school teachers fired after Katrina. While traditional school districts face the same problems, those districts may not have the same freedom to be selective about students or the levels of financial and political support that RSD has received. Listen to the NPR story here.
Monday, August 11, 2014
Phil Tegeler, Executive Director of the Poverty and Race Research Action Council, has a new article set to go to print in the Michigan Journal of Law Reform titled The "Compelling Interest" in School Diversity: Rebuilding the Case for an Affirmative Government Role. He convincingly takes the Department of Education, and the Obama Administration overall, to task for its failure to promote integration. The Administration has made supportive statements at times, but when it comes to money and affirmative support, it has done nothing, turning its support to charter schools and other "innovations." The introduction of the article is as follows:
The strong endorsement of the "compelling government interest" in school integration by five members of the Supreme Court in Parents Involved in Community Schools stands in surprising contrast to the Obama Administrations's tepid support for affirmative measures to expand school diversity initiatives. Although the Department of Education formally endorsed the Supreme Court plurality's position on school integration in a 2011 guidance to local districts, its funding programs have not followed suit. Since 2009, spending on magnet schools, the only Department of Education funding program that sponsors school integration, has declined relative to other departmental programs, while funding for charter schools, which are generally even more segregated than regular schools, has expanded.
School districts have physical restraint and seclusion policies to protect students from harming themselves or others, but may have quite different standards for when restraint or seclusion is necessary. Last week, the Deparment of Education's Office for Civil Rights concluded that one district in Prince William County, VA, too often used restraint and seclusion as a strategy to control student behavior rather than employing alternative strategies. Responding to a complaint filed on behalf of students who were restrained or secluded while attending a Prince William County program for students with disabilities, OCR found that the program denied students with disabilities a free appropriate public education under the IDEA. The program's schools, called PACE (Positive Attitude and Commitment to Education) East and West, reportedly logged 115 instances of restraint and 147 instances of seclusion to control student behavior during 2011-12. As part of a resolution agreement, OCR recommended that PACE change its practices to offer students educational opportunities when they are restrained or secluded and consider different intervention approaches. OCR declined to find that PACE's restraint practices had a disparate impact on black and Hispanic students. Read OCR's letter, posted by the Legal Aid Justice Center, here.
Friday, August 8, 2014
New York Times Magazine ran an interesting story last week, focusing on two children with autism, one who was "cured" through "applied behavioral analysis" and the other who was not. It also offered a quick synopsis of recent research:
In the last 18 months, however, two research groups have released rigorous, systematic studies, providing the best evidence yet that in fact a small but reliable subset of children really do overcome autism. The first, led by Deborah Fein, a clinical neuropsychologist who teaches at the University of Connecticut, looked at 34 young people . . . . She confirmed that all had early medical records solidly documenting autism and that they now no longer met autism’s criteria, a trajectory she called “optimal outcome.” She compared them with 44 young people who still had autism and were evaluated as “high functioning,” as well as 34 typically developing peers.
Thursday, August 7, 2014
The Journal of Law and Education's upcoming Fall issue includes a particularly timely set of articles dealing with the new era of teacher evaluation and the ethics of education leadership. The abstract for each is below. I cannot help but mention that this is the third article by Preston Green that I have posted in the last few weeks. Kudos to Professor Green
An Analysis of the Policy, Research, and Legal Issues Surrounding the Exclusion of Charter Schools from the Teacher Evaluation Revolution by Preston Green, John and Carla Klein Professor of Urban Education, University of Connecticut
Abstract: Analysts such as Diane Ravitch have pointed out that charter schools try “to have it both ways” by obtaining public funding under state constitutional law while having private school autonomy with respect to student and teacher rights. This article contributes to the national discussion by analyzing the legal and policy implications of exempting charter schools from the teacher evaluation policies that apply to traditional public schools.
Evaluating Evaluation: Assessing Massachusetts School Districts' Implementation of Educator Evaluation Requirements by Ranjini Govender Dowley, Policy and Government Affairs Director, Stand for Children Massachusetts
Tuesday, August 5, 2014
Preston Green, Bruce Baker and Joseph Oluwule have been very productive over the past year. They have another forthcoming article in Emory Law Journal titled Having it Both Ways: How Charter Schools Try to Obtain Funding of Public Schools and the Autonomy of Private Schools. For those following Bruce Baker or me on twitter, this new article provides depth to the discussion Bruce Baker and I had via twitter two weeks ago regarding an Arizona charter school that is purportedly promoting a mix of racism and religion through its history readings. Bruce had asked whether the First Amendment applied to them. I was quite certain it did, but per many of the issues raised in this new article, charters will make various arguments that it does not. The article abstract summarizes it as follows:
Monday, August 4, 2014
New York City's mayor has backed off of his attack on charter schools, but the city council is stepping up. Daniel Dromm, a member of the city council and its education committee, sent a let to the state's charter authorizer, asking that it not charter any more schools in the city “until you address the lack of oversight and accountability in this rapidly growing sector.” Charter advocates respond that the letter is just political posturing to deflect attention from the traditional public schools poor practices and defend the status quo bureaucracy.
Even if charter advocates are correct about Dromm's motivations, their claim is unresponsive. A certain amount of oversight and accountability is necessary in every public program--school's in
Friday, August 1, 2014
A bipartisan group of senators introduced a bill this week that would fine college for mismanaging campus rape investigations. The Campus Safety and Accountability Act is the result of a review by Senators Claire McCaskill (D-Mo.) and Kirsten Gillibrand (D-N.Y.) of campus rape policies, which, predictably, were all over the place regarding investigation procedures, burdens of proof, and sanctions. Of note is the bill's prohibition on schools disciplining students who reveal a violation of campus rules, such as underage drinking, when reporting a sexual violence claim and the Clery Act penalty if a college is found non-compliant: a fine up to 1% of the institution's operating revenue. After the jump is the bill's one page release summarizing its provisions.
According to a new lawsuit filed yesterday, the Utah State School Board "violated [the] law by adopting the Common Core State Standards without substantive input from parents and educators." The lawsuit was brought by the Libertas Institute, along with six parents and teachers. The plaintiffs contend that "they were denied an opportunity to be consulted" before the standards were adopted and request that the court grant an injunction against any implementation of the Common Core.
Thursday, July 31, 2014
To read several of my recent posts, one might get the impression that overly harsh discipline is on the way out. While it is true the Departments of Justice and Education have made important statements and a substantial number of large districts are promising to reform their discipline policies, the prevailing reality is still one of extremely high rates of harsh discipline in most places. As demonstrative evidence, I offer the following from the Columbia Journalism School's investigative paper, New York World:
In more than 40 New York City public schools, long-term suspensions of students for disciplinary infractions are the norm, not the exception.
Last week, the Obama administration announced an expansion of the My Brother's Keeper Initiative, which is aimed at improving educational and life opportunities for African American and Latino boys. Sixty of the nation's largest school districts, which educate about 40 percent of the nation's low income African American and Latino boys, agreed to join the President's initiative. They are committing to expand preschool education, expand positive interventions, increase the number of minority boys in advanced courses, reduce their suspension rates, and increase graduation rates.
More on the story here.
Wednesday, July 30, 2014
The D.C. federal district court granted summary judgment for the D.C. Public Schools (DCPS) in a lawsuit that alleged that DCPS discriminated against minority students by closing schools in minority neighborhoods while allowing predominantly white schools to stay open. The suit's plaintiffs, parents of schoolchildren in the affected districts, also alleged that the school closures funded performance bonuses for teachers in disproportionately white schools and the closures are intended to expland charter schools, which, in turn they allege, are themselves discriminatory institutions. DCPS said that it closed 15 schools and plans to close more because of low enrollment. DCPS said that it would reallocate the savings to put students in more modern facilities and create more programs for the remainining schools. The court rejected the plaintiffs' arguments, stating that both white and minority schools have closed for low enrollment and attributed the pattern of closures in minority areas as "residential segregation, along with changing population patterns, that is largely to blame for the disparities in the closures.” Noting that the school-closure plan was facially race neutral, the court found that the plaintiffs failed to prove that the District’s plan was applied differently because of students’ race or motivated by discriminatory animus. While all of the schools set to be closed are in majority-minority, lower-income neighborhoods, the court noted that the schools' have been "drained of their students by the increasing popularity of charter schools," with 40%-50% of schoolchildren in those areas now attending charter schools. The federal district court found that DCPS could not be found to be "discriminating by attempting to provide all children with access to higher-achieving schools." Finding that DCPS's stated goals-- to increase efficiency and improve the District's overall school services -- were justifiable, the court dismissed the plaintiffs' Title VI and Equal Protection claims. Read the opinion in Smith v. Henderson, No. 13-420 (D.D.C. July 18, 2014) here.
Tuesday, July 29, 2014
The Supreme Court in Engel v. Vitale in 1962 held that prayer led by or encouraged by school officials in public schools is unconstitutional. Nonetheless, the practice continues in a number of public schools today. Recently, for example, a parent complained that a teacher had led prayer at a school banquet in Vigo County, Wisconsin. It took a year and lawsuit by a local foundation to get the district to agree to eliminate teacher led prayer.
Many school districts have appeared eager, for some time, to reintroduce official prayer in some aspect of their schools. The Supreme Court’s recent decision in Town of Greece v. Galloway may have further galvanized them. In Town of Greece, the Court ruled in favor of allowing sectarian prayers at public town meetings. Now, school districts like Pickens County, South Carolina are taking the Supreme Court’s decision a step further, reading it as a green-light to reinstate sectarian prayer in school board meetings as well.
The Department of Education recently exempted three colleges from Title IX's provision prohibiting discrimination against transgender and gender-nonconforming students. George Fox University (Oregon), Simpson University (California), and Spring Arbor University (Michigan), The exemptions come just three months after the Department of Education's Office for Civil Rights issued a guidance letter to colleges on sexual violence that included transgender students as a protected group under Title IX. The colleges were controlled by a religious organization, a ED spokesperson told the Huffington Post yesterday, and Title IX exempts such organizations from compliance if admitting a student or allowing a student to remain at their institutions would be inconsistent with their religious tenets. While all three colleges requested exemptions from admissions and accomodations for transgender students, one of the schools, Spring Arbor, was also granted permission to discipline students for same-sex "activity," extramarital sex, single parent pregnancies, and having abortions. Professor Kristine E. Newhall (UMass Amherst) told the Huffington Post that the concern is not the statutory exemption, but Education Department's lack of clear criteria "about what a school must meet to show [that it is] controlled by a religious organization." Read more here.
Monday, July 28, 2014
AALS Section on Education Law Call for Papers, January 2015 Annual Meeting, Washington, DC
The Section on Education Law of the Association of American Law Schools issues this call for papers in connection with its program at the AALS annual meeting Jan. 2nd-5th, 2015 in Washington, DC. The program topic is “The Higher Education Act at 50.”
When President Lyndon Johnson signed the Higher Education Act in San Marcos, TX on November 8, 1965, he said to the assembled crowd, “And when you look into the faces of your students and your children and your grandchildren, tell them that you were there when it began. Tell them that a promise has been made to them. Tell them that the leadership of your country believes it is the obligation of your Nation to provide and permit and assist every child born in these borders to receive all the education that he can take.” This Program will take stock of that promise on the fiftieth anniversary of its making. A distinguished panel of higher education law professors and policy makers, to include Professor Michael Olivas of the University of Houston Law Center, Professor Philip Schrag of Georgetown University Law Center, and Catherine Lhamon, the Assistant Secretary of Education for the Office for Civil Rights, will consider and discuss the financial, educational, and civil rights aspects of the HEA and its subsequent amendments as we move into the second half-century of its existence.
The American Bar Association is hosting a School to Prison Pipeline Town Hall meeting in Boston on Friday August 8, 20014 at Hynes Convention Center, 900 Boylston Street from 9 am - 11 am. A great lineup is scheduled to speaking, including Professor Sarah E. Redfield;Bob Fleischner, Center for Public Representation; Damon Hewitt, Open Society Foundation; Dan Losen, Civil Rights Project UCLA; Mike Ortiz, attorney Lowell Public Schools; Marlies Spanjaard, Public Counsel; and Gloria Tan.
Their program description states:
The “School-to-Prison Pipeline” has been a crucial concern of parents, educators,
lawyers, judges, ministers, civil rights leaders, and youth advocates for a number of
years. Recently, it has become a major concern of the public across the country due in
large part to the spiraling statistics and the negative impact on children of color. Some
youth advocates have defined the problem as a systematic way of siphoning children
out of public schools and funneling them into the juvenile and criminal justice system.
A number of civil rights lawyers regard the journey from “school- to-prison pipeline,”
as the most critical civil rights issue facing our country today.
Friday, July 25, 2014
This fall marks the opening of a nationwide opportunity to provide free breakfasts and lunches to K-12 students under the U.S. Department of Agriculture's Community Eligibility Provision (CEP) plan. The CEP plan has been phased in select areas since the 2011-12 school year, but is available to all states this academic year. An important issue for school districts (and one reason why some districts were cautious about participating in the CEP plan), is how they will show eligibility for Title I funds if they no longer have the National School Lunch Program (NSLP) applications to show income levels. The USDA and the Education Department recognized these concerns in a January 2014 guidance document, noting that local governments (and researchers) use the percentage of “economically disadvantaged students to show a school’s eligibility to receive Title I funds, to allocate funds to selected schools, and to calculate the amount generated for Title I services to eligible private school students.” The ED’s January 2014 guidance suggested a couple of alternatives, including multiplying the number of students identified by direct certification programs school by 1.6 or for a district to rank all of its schools on the percentage of students directly certified through SNAP (or another direct certification measure available annually) in both Community Eligibility and non-Community Eligibility schools. The CEP alternative plan grew out of the Healthy, Hunger Free Kids Act of 2010 and the Richard B. Russell National School Lunch Act to provide free meals in high poverty local educational agencies (LEAs) and schools. The USDA hopes to provide an alternative to the need for local school districts to obtain eligibility data from families through a separate collection or making parents apply for free or reduced price meals. Instead, districts may use "direct certification" data (the percentage of families in a district using needs-based programs -- such as the Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance for Needy Families (TANF) program) to determine the federal cash reimbursement for school lunches provided by the USDA.
African Americans accounted for 70 percent of suspensions and 76 percent of expulsions in the Nashville public schools, while being less than half of the school population. That means that one out of every five African American students was suspended or expelled last year. The numbers for African American males, while not noted in recent releases, are surely higher and, thus, shocking.
To the district's credit, it has realized that enough is enough. It is partnering with a service center for at-risk youth to identify a new discipline, mental health and community outreach model. It is also joining Chicago, Los Angeles and New York in the Positive & Safe Schools Advancing Greater Equity initiatives, through which they will support one another in developing solutions.
I suspect that the Department of Justice and the Office for Civil Rights' joint guidance on discipline disparities also played an important role in their thinking.
More on the story here.
Thursday, July 24, 2014
Professor Dan Subotnik (Touro Law) sent us An Anti-Rape Measure Too Far? analyzing a bill in the California legislature, which, if it becomes law, is likely to become as noteworthy as Antioch College’s Sexual Offense Prevention Policy. California SB 967 would require college students to secure “affirmative consent” from their partners before having sex. "Affirmative consent” is defined in the bill as “affirmative, conscious, and voluntary agreement to engage in sexual activity.” The bill’s author, California state senator Kevin de Leon, told the Washington Times that SB 967 “will change the equation so the system is not stacked against survivors by establishing an affirmative consent policy to make it clear that only ‘yes’ means ‘yes.’” The bill’s supporters describe SB 967 as providing “clearer guidance” on rape prevention and providing justice and adequate services to victims. Opponents criticize the bill as “unnecessary, misdirected and vague” and likely to “result in the unfair treatment of men,” as noted in its synopsis here. If the bill becomes law, colleges must use the legislature’s definition of consent in their sexual assault policies or risk losing state funding for student financial aid. Readers may recall the deep controversies that campus rape laws and sexual assault policies can engender, including concerns about privacy, due process, and the rights of victims and the accused.
In his piece, Prof. Subotnik concludes that the reality and psychology of sexual encounters confound attempts to regulate sex through campus affirmative consent laws. Read An Anti-Rape Measure Too Far after the jump.