Tuesday, December 2, 2014
The Westchester County Bar Association Foundation offers two year public interest law fellowships to provide legal help to the county’s underserved residents. It also provides training to a new lawyer who otherwise might not have the opportunity to do public interest work. The third fellow, Darren Guild, was hosted by Student Advocacy, a non-profit that provides legal, educational advocacy services to families in Westchester County, New York.
The Foundation attempts to match applicants with host sites that provide an opportunity for the students to further his/her interests. If you have a law student who will graduate next spring and is interested in education law, please encourage the student to apply for this fellowship. To request an application, the student should contact the Foundation: http://www.wcbany.org/?page=BarFoundation
Forbes magazine commissioned a study of the cost and benefits of the five big ideas for reforming education. The five big ideas will cost $6.2 trillion over 20 years and produce $225 trillion in additional gross domestic product. So what is the plan? Universal pre-k, teacher efficacy (attract, retain, and measure good teachers), school leadership (raise their salaries and give them the power to act like any other division head, including hiring and firing), blended learning (delivering rote information through technology and relying on teachers for value added instruction, which requires increasing computer and internet access), and common core curriculum.
Reduced to those headlines, it sounds simple. Reduced to the impressive financial spreadsheet, it sounds like a no brainer. To make sure, Forbes convened the top leaders from the four key constituent groups to ask whether the five big ideas are doable. The leaders were Arne Duncan, Governor Andrew Cuomo, Randi Weingarten, and D.C. public schools chancellor Kaya Henderson. They generally agree that the plan is doable.
Monday, December 1, 2014
Below is the introductory letter and new guidance on single sex education from the Department of Education:
Today, the U.S. Department of Education's Office for Civil Rights (OCR) released guidance for K-12 schools that offer or want to offer single-sex classes. In response to numerous inquiries about the legality of single-sex classes, OCR issued guidance that charts a path for schools on how they can provide boys-only or girls-only instruction while remaining in compliance with civil rights laws.
Over the past year, there has been a tremendous amount of discussion on this blog (e.g., here, here, here, and here) and elsewhere about how schools prosecute and prevent rape, as well as deal with its aftermath. The law applies to all schools that receive federal funds, but the conversation has focused almost exclusively on colleges and universities. Last week, students in Oklahoma revealed how the problem can play out in public high schools.
Three students in Norman Public Schools accused a male classmate of sexually assaulting them. The school acted swiftly to remove the male student from school. The students' complaints, however, are in regard to the environment that developed afterward. They say that the alleged assailant's friends have now begun bullying them and it has not stopped. As a result, they withdrew from Norman High School. Now hundreds of other students have come to the girls defense, stagging a walkout protest last week. Whether there was a hostile environment and the school failed to adequately respond remains to be seen, but these students, like those concerned with curriculum issues in Colorado, have certainly found a way to shine a spotlight on the issue.
Wednesday, November 26, 2014
The Indiana Supreme Court heard arguments Monday in a class-action lawsuit alleging that a school corporation's decision to end free school bus transportation violated the state constitution's education clause. The state supreme court is reviewing the court of appeals' decision in Hoagland v. Franklin Twp. Cmty. Sch. Corp., holding that transportation to and from school is an integral "part of a uniform system of public education" under the Indiana Constitution. The court of appeals found that the school corporation, Franklin Township, acted unconstititionally in discontinuing its free school bus service and in contracting with a third party provider that required students to pay for transportation. The appellate court also noted that school corporations are obligated to provide free transportation for students with disabilities, homeless students, and students in foster care. The court of appeals saw no rationale to exclude any other student who needed transportation to school, even if the student was not in one of the mandatory transportation categories. The Indiana Supreme Court has held that a school corporation could not impose a student-services fee that included payment for school counselors, nurses, and security, because those services were part of a publicly-funded education. Nagy v. Evansville–Vanderburgh School Corp., 844 N.E.2d 481 (Ind. 2006). Franklin Township Community School Corporation cut its bus service after Indiana's public schools lost hundreds of millions of dollars when new property-tax caps went into effect in 2010. The Township later contracted with an educational service center to provide student transportation for an annual fee. The case set for argument is Hoagland v. Franklin Twp. Cmty. Sch. Corp., No. 49A02-1301-PL-44, 2014 WL 2580663 (Ind. Ct. App. June 10, 2014), transfer granted, opinion vacated, 2014 WL 5312934 (Ind. Oct. 16, 2014). Watch the oral argument online here.
Tuesday, November 25, 2014
At the beginning of the charter school experiment, charter school advocates touted their ability to provide a superior education at a lower cost than traditional public schools. Now, we are seeing the charter lobby abandon that claim and turn to the courts to demand equal funding for charter schools. In Texas, charter school advocates recently lost their claim for equal funding. In New York, charter school advocates have sued for equal facilities funding. In a ruling that may have wide ramifications, last week an Arizona appellate court affirmed a lower court's ruling that the differential funding systems for public and charter schools do not violate Arizona's constitution.
In Craven v. Huppenthal, parents of children in Arizona charter schools sued the state, claiming that Arizona's school funding scheme was unconstitutional because it caused "gross disparities between charter public schools and other public schools." The lower court had granted summary judgment in favor of the defendants, and defendant-intervenors the Arizona School Boards Association and Creighton Elementary School District No. 14. The plaintiff-parents appealed.
Three months ago, the U.S. Department of Education revoked Oklahoma's No Child Left Behind waiver because the state was no longer in compliance with one of the conditions of receiving a waiver: adopting college and career ready academic standards. Oklahoma initially met that condition by adopting the Common Core standards, but the state repealed the standards this summer. The Department quickly revoked its waiver.
Since then, the state has scrambled to get the Oklahoma State Regents for Higher Education to review the state's old academic standards--Priority Academic Student Skills (PASS)--and deem them college and career ready. The Regents did so and the Department of Education agreed. This meant that Oklahoma was once again in compliance with the conditions of its waiver and the Department reinstated it. Thus, on its face, the simple answer to why Oklahoma got its waiver back is that it had adopted college and career ready standards, even if those standards were not the Common Core standards. But history suggests there may be much more to it than that.
Monday, November 24, 2014
This from the Economic Policy Institute:
On Friday, December 5, at 10:00 a.m. ET, the Economic Policy Institute will host a debate between noted scholars on affirmative action in American higher education, featuring Georgetown University Law Professor Sheryll Cashin and Richard Rothstein, a research associate at EPI. They will be joined by American University Law Professor Lia Epperson, and Catharine Bond Hill, president of Vassar College.
President Obama's announcement that he would shield undocumented immigrants from deportation has only emboldened claims that his administration is grossly overstepping the bounds of permissible executive action. Detractors seek to lump immigration, environment, health care, and education policy all together as overarching evidence of an administration acting as a monarch.
Most of the claims, however, ignore a major distinction between the administration's No Child Left Behind waivers and all the other executive action that enervates them. In the other areas, the executive action is to not enforce some existing law. The administration is exercising the equivalent of prosecutorial discretion. The discretion to not enforce the law in some particular instances is well established and amounts to no more than an administrative decision of how to utilize scarce administrative resources (even though the practical policy ramifications are clearly high with immigration, for instance).
NCLB waivers are entirely distinct. The administration did not simply decide to waive or not enforcement NCLB requirements. It supplanted them with an entirely new set of conditions, found nowhere in NCLB. In this respect, the administration made new law, rather than just waiving old law. The distinction makes a world of difference constitutionally and under the relevant statutes. I flesh out these distinctions in detail here. While most conservative commentators entirely miss this point, Neal McClusky of the Cato Institute, to his credit, makes this distinction in his article, Illegal “No Child” Waivers Should Raise Much Louder Alarms.
As a side note, Edweek explains what Obama's immigration announcement means for education here.
Friday, November 21, 2014
Cadwalader Report on UNC Prompts Class Action Complaint Alleging "Shadow Curriculum" for Football Players
The NCAA faces interesting times as it defends its role as integrating student-athletes’ education with playing collegiate sports. In the pending case before the Ninth Circuit Court of Appeals, O’Bannon v. National Collegiate Athletic Association, No. 14-16601, the NCAA will defend its rules prohibiting compensation of student athletes by arguing that those rules protect students from exploitation. But the evidence is mounting that NCAA member schools are themselves exploiting students, and the NCAA will have to justify its amateurism defense against claims that colleges promise student-athletes an education through sports scholarships but are still failing to deliver on that promise for many players. A former University of North Carolina at Chapel Hill (UNC) student alleges just that point in a suit filed earlier this month. Former UNC football player Michael McAdoo filed a federal class action complaint against the school, alleging that the Cadwalader Report investigation, which found that that UNC faculty and staff created a “shadow curriculum” for its football players that required little or no academic rigor from 1993 until 2011, shows that UNC officials knew about and facilitated that curriculum. In his complaint, Mr. McAdoo alleges that he wanted to take criminal justice classes but when he arrived at UNC, but football players were steered into three majors: Exercise Sport Science, Communications, or African-American Studies. McAdoo states that he was told these were the only majors that would accommodate his football practice and playing schedule, and that the football program had “relationships” with professors in those departments. McAdoo seeks injunctive relief including, among other things, a court appointee to review football players’ academic schedules for five years and that UNC give four-year guaranteed scholarships to all football student-athletes. McAdoo has sued UNC before in state court after the school declared him ineligible to play college football after he was found to have committed academic misconduct. That complaint was dismissed. McAdoo’s class action complaint can be found on Westlaw: McAdoo v. The University of North Carolina at Chapel Hill, 2014 WL 5823326 (M.D.N.C.) (filed November 6, 2014).
New Report Ranks Massachusetts Among the Worst for Racial Disparities in Discipline, and Its Charters Schools the Worst of the Worst
The Boston-based Lawyers' Committee for Civil Rights and Economic Justice has released a new report on school discipline in the state, Not Measuring Up: The State of School Discipline in Massachusetts. The report makes four major findings:
1. Massachusetts' students missed a minimum of 208,605 days in the classroom due to disciplinary removal. During the 2012-13 school year, Massachusetts’ public school students were suspended (in-school and out-of-school), expelled, and removed to an alternative setting a combined 128,599 times. These punishments resulted in at least 208,605 days - the equivalent of 1,160 students missing the entire school year - during which students were removed from their regular classrooms.
Angelica Jongco shared a new report from Public Advocates on forced parental work policies at charters yesterday. The report, Charging for Access: How California Charter Schools Exclude Vulnerable Students by Imposing Illegal Family Work Quotas,
researched 555 charter schools in California and found that almost one-third of them (30%) require parents to do work at the school for a set quota of hours. This practice is illegal under the California constitution and the Education Code. In our report, we expose the extent of the practice and explain why it is illegal. We have sent a demand letter to the California Department of Education and the State Board of Education urging them to take immediate steps to abolish the practice. At our online appendix, we provide a list of all the charter schools we found that have such a practice, with a link to their policy documents.
Thursday, November 20, 2014
As a followup to yesterday's post on isolation practices, the explanation another district for its isolation rooms is worth noting. The Center Consolidated School District, Colorado, has been using isolated study in 4 foot by 6 foot rooms as an alternative punishment to expulsion for ten years. The district reasons that isolation is preferable to classroom disruption or school exclusion. The former harms other students. The latter harms the disciplined student and the school, based on the likely effects on dropout rates. According to the superintendent, parents are given the choice between expulsion and isolation, in which students will be provided study materials. During the last 10 years, about 40 students have been placed in isolation and, over the last year alone, the dropout rate plummeted from 13% to less than 2%.
Wednesday, November 19, 2014
According to a four month investigation by local news sources, Mansfield Independent School District in Texas put elementary school students in isolation rooms on 800 different occasions last year. The district's documents refer to the rooms as “blue rooms,” “recovery rooms,” “calm rooms,” and “isolation centers.” The districts intends to no longer use the latter term. Records also indicate that some students are placed in the room "for the remainder of the day," which begs the question of how long students are kept in the rooms. Equally disturbing, state law does not require that the schools notify parents of the isolation and, thus, this may breaking news to some.
Tuesday, November 18, 2014
Yesterday, a group called Students for Fair Representation filed lawsuits against Harvard University and the University of North Carolina, alleging that the universities' consideration of race in admissions violates Title VI and Equal Protection (in North Carolina complaint). The complaints are highly charged in tone, allegation, and legal analysis. They remind one more of the sort of allegations one would have found in lawsuits challenging racial discrimination and segregation during the 1960s and 1970s. This comparison is neither to disparage nor to validate the complaints, but merely to highlight the raw emotion and sense of injustice that the current complaints convey on behalf of the clients (or attorneys), which is noteworthy in and of itself.
Monday, November 17, 2014
Acting at the direction of the state legislature, the Washington State Governor’s Office of Education Ombuds has produced a report titled On the Creation of a Statewide Special Education Task Force. The basic recommendation of the Office is that the state legislature, superintendent of public instruction, and governor should create a Blue Ribbon Commission to identify obstacles to learning and propose improvement strategies. The report recommends that the focus not be exclusively on special education. Instead, the goal should be an inclusive education system that improves education for students identified as having special education needs at the same time that it delivers supports to other students who need them. The commission would consist of: two co-chairs, one with a record of educational leadership and one who can represent children and parent interests; three educators; two parent representatives; four agency leaders, including representatives of the superintendent of public instruction, the secretary of social and health services, the department of early learning, and the state student achievement council; the director of the office of education ombuds; one expert in neuroscience research, neurodiversity, or diverse learning styles; and one expert in classroom design that promotes inclusive and differentiated instruction.
Earlier this month, a Greenacres, Florida, police officer allegedly broke a 14 year old female student's arm while trying to restrain her. The arm break, of course, is grabbing the headlines, but interesting legal are implicated by the facts leading up to the physical contact. According to local reports, the officer approached the student because he believed she was in possession of a video of a fight he was investigating. He said she became uncooperative and tried to get past him to move away and pushed him back in the process. At that point, he grabbed her arm, she began to twist and turn, he began to move her arm behind her back, and it allegedly broke.
Friday, November 14, 2014
The Department of Education released its guidance yesterday on the renewal of No Child Left Behind waivers. Three things strike me as extremely important in the guidance. First, the guidance adheres to the same four conditions for an NCLB waiver that the Department first announced in 2012. Thus, there is no change in policy direction. Second, while the Department maintains the same policy agenda, it has softened on how and when a state might meet the waiver conditions. In regard to all of the conditions, the guidance invites states to explain and justify their actions, and focus on progress toward meeting the conditions, as opposed to having already met them. Most notable is in regard to teacher evaluations. A states can delay implementing their system, if they can check these two boxes on the waiver renewal form:
On November 10, 2014, Pennsylvania students and parents, school districts, and two statewide associations filed a lawsuit charging that the state's school funding system deprives students of their right to a "thorough and efficient" education, as guaranteed by the state constitution.
The lawsuit comes in the wake of devastating cuts to teachers, support staff, programs, and essential resources in Philadelphia, Reading, York, and many other high-poverty rural and urban communities across the state.
Thursday, November 13, 2014
The on-going spectacle surrounding the closure of Philadelphia's Walter D. Palmer Charter School highlights the challenges that states and school districts face when charter schools abruptly close. For Palmer, among other claims of financial mismanagement, the school was forced to close immediately this October when it enrolled 1,300 in grades K-12 although the Philadelphia school district was only required to reimburse Palmer for 675 students in grades K-8. Stories like Palmer's emergency closure stranding students during the school year are echoed around the country, but in isolation, those stories seem insignifcant and anecdotal. But as states begin to realize that they are not getting better academic outcomes if they saddle local public school districts with hundreds of extra students when a charter school closes abruptly, the laws authorizing charters and allowing them operate without significant oversight are being questioned this week in Florida (and more Florida here) and North Carolina. Education Week also reported last on Arizona's efforts to limit the damage when charter schools fail here.