TeacherLaw News

School district mediation process can be slow, but virtually free [Lodi News-Sentinel] 7/22/10: The State Mediation Conciliation Service, which falls under PERB, has been providing mediation, arbitration and other neutral services since 1947. Its core service is mediation of public sector contract disputes in school districts, community colleges, higher education, the State of California, cities, counties, special districts, transit districts and the trial courts to reach agreements in bargaining. For the full story, go to: http://www.lodinews.com/news/article_c761c5be-9d11-5bb9-9f1e-6fbbee5ef0e2.html Parcel tax raises issues of fairness [San Diego Union Tribune] 7/19/10: The parcel tax has been held up by school districts in San Diego County and across the state as a last-ditch effort to gain more control over their finances and prevent potentially debilitating budget cuts. But those tax ballot measures that require a two-thirds majority to pass have raised concerns about growing inequities between the haves and the have-nots in California’s troubled public education system. For the full story, go to: http://www.signonsandiego.com/news/2010/jul/18/parcel-tax-raises-issues-of-fairness/ California districts are planning shorter school years [San Francisco Chronicle] 7/20/10: Sixteen of the 30 largest California districts are shaving days off of school calendars in an effort to help close budget shortfalls, at a time when education experts are citing the importance of more time in the classroom. Districts are trimming as many as five days through unpaid furloughs for teachers and staff and eliminating professional-development days. Such cutbacks will result in large savings for many California districts -- including $145 million for Los Angeles -- but educators say it will hurt students. For the full story, go to: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/07/18/MNQ01EFBET.DTL Wisconsin Court: Teachers' Personal E-Mails Not Public Records [School Law Blog] 7/19/10: Teachers' personal e-mails on school district computers are not public records under Wisconsin law and need not be disclosed to records requesters, the state's highest court has ruled. To read the full blog posting, go to: http://blogs.edweek.org/edweek/school_law/2010/07/court_teachers_personal_e-mail.html Read the court decision in Schill v. Wisconsin Rapids School District by going to: http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=52285 Emergency declaration in schools triggers confusion, anger [California Watch] 7/19/10: Emergency declaration in schools triggers confusion, anger -- Parent advocates fear that the declaration of an emergency last week by the California State Board of Education in 1,000 mostly low-performing public schools will generate confusion among parents – without giving them the tools to enroll in schools with higher test scores, or to improve conditions in their own schools. For the full blog posting, go to: http://www.californiawatch.org/watchblog/emergency-declaration-schools-creates-confusion Scrap Calif.'s Schools Chief Job, Gov. Schwarzenegger Says [Education Week] 7/14/10: Last week, the governor (who has just got to be ecstatic that this is his final budget battle) took to the radio waves to call for ways to "streamline bureaucracy and to make government smaller." For the full blog posting, go to: http://blogs.edweek.org/edweek/state_edwatch/2010/07/scrap_califs_schools_chief_job_gov_schwarzenegger_says.html 5th Circuit won't let Texas principals off hook in candy-cane case [Associated Press / First Amendment Center] 7/2/10: A federal appeals court in Dallas refused yesterday to dismiss two Dallas-area elementary school principals from a lawsuit filed after students were told to stop distributing Christian candy-cane pens and other religious items on campus. Plano school principals Lynn Swanson and Jackie Bomchill had claimed qualified immunity. They also argued the First Amendment's freedom of speech protection does not extend to the distribution of non-curricular materials in public elementary schools. “They are wrong,” said the 5th U.S. Circuit Court of Appeal in Morgan v. Swanson. “The Supreme Court has long recognized that public school students do not 'shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.'” http://www.firstamendmentcenter.org/news.aspx?id=23120 Read the decision in Morgan v. Swanson by going to: http://www.ca5.uscourts.gov/opinions/pub/09/09-40373-CV0.wpd.pdf Steinberg's teachers bill survives its first test [Sacramento Bee] 7/1/10: Senate President Pro Tem Darrell Steinberg's bill (SB 1285) to overhaul teacher layoffs and reassignments survived its first legislative test Wednesday despite the opposition of teacher unions. For the full story, go to: http://www.sacbee.com/2010/07/01/2861937/fppc-considering-tougher-regulation.html Follow SB 1285 by going to: http://leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_1285&sess=CUR&house=B&author=steinberg Group Barring Gays Can Be Denied Recognition, High Court Says [School Law Blog] 6/28/10: In a case that attracted wide interest from college groups, K-12 education associations, and religious rights advocates, the U.S. Supreme Court said today that a law school can deny recognition to a Christian student group that refuses membership to gays. For the full blog post, go to: http://blogs.edweek.org/edweek/school_law/2010/06/scotus_last_day.html To read Christian Legal Society v. Martinez, go to: http://www.supremecourt.gov/opinions/09pdf/08-1371.pdf Online Bullies Pull Schools Into the Fray [New York Times] 6/28/10: Affronted by cyberspace’s escalation of adolescent viciousness, many parents are looking to schools for justice, protection, even revenge. For the full story, go to: http://www.nytimes.com/2010/06/28/style/28bully.html Fensterwald: Smart report on teacher evaluations [Educated Guess] 6/28/10: An insightful report by an independent group of experienced teachers can provide needed middle ground on the polarized issue of how to evaluate — and ultimately pay — teachers. For the full blog post, go to: http://educatedguess.org/2010/06/28/smart-report-on-teacher-evaluations/ Teachers in LA and SF will see more cutbacks and pink slips in 2010-2011 [California Watch] 6/25/10: Amid protest signs and tearful pleas, school boards in San Francisco and Los Angeles approved budgets this week that will result in more furlough days and pink slips. For the full story, go to: http://www.californiawatch.org/watchblog/no-good-news-horizon-teachers-la-and-sf-will-see-more-pink-slips-2010-2011 Governor insists: End seniority-based layoffs [Educated Guess] 6/23/10: Last week, it looked like plaintiffs for children suing the state and Sen. President pro Tem Darrell Steinberg had cut a deal to protect students in low-income schools from disproportionate layoffs of their teachers. This week, that appears a no-go. For the full story, go to: http://educatedguess.org/blog/2010/06/23/governor-insists-end-seniority-based-layoffs/ Ripon Unified spends upwards of $300,000 to get rid of Messick [Manteca Bulletin] 6/22/10: It has been more than a week since a state administrative law hearing panel began deliberations on Ripon Unified School District music teacher Terri Messick – determining whether she should be relieved of her position for failing to take the culturally supported CLAD classes. http://www.mantecabulletin.com/news/article/15437/ See also: “Ripon Hearing: Statewide importance” [Manteca Bulletin, 6/10/10]: http://www.mantecabulletin.com/news/archive/15143/ Fensterwald: Steinberg bill remedies suit over layoffs [Educated Guess] 6/17/10: Senate President pro Tem Darrell Steinberg has introduced a bill directly responding to issues raised in a February lawsuit challenging the large-scale layoffs of teachers at three Los Angeles Unified middle schools and in low-performing schools elsewhere in California. Passage of SB 1285 could go a long way toward settling a serious suit with uncommon speed. For the full blog piece, go to: http://educatedguess.org/blog/2010/06/17/steinberg-bill-remedies-suit-over-layoffs/ Fensterwald: Symantec Chairman calls for Prop 13 reform [Educated Guess] 6/14/10: This was not your typical after-dinner acceptance speech by a corporate honoree. “No one wakes up every morning and says, ‘I want to pay more taxes,’” John Thompson told 600 people at the Foundation’s annual dinner in San Jose. But the insufficient funding of schools is a “core issue” that needs to be dealt with. For the full blog piece, go to: http://educatedguess.org/blog/2010/06/14/symantec-chairman-calls-for-prop-13-reform/ Cheat Sheet: Under Pressure, Teachers Tamper With Test Scores [New York Times] 6/11/10: The staff of Normandy Crossing Elementary School outside Houston eagerly awaited the results of state achievement tests this spring. For the principal and assistant principal, high scores could buoy their careers at a time when success is increasingly measured by such tests. For fifth-grade math and science teachers, the rewards were more tangible: a bonus of $2,850. For the full story, go to: http://www.nytimes.com/2010/06/11/education/11cheat.html School staff can't give students insulin shots, court says [Sacramento Bee] 6/11/10: A Sacramento-based appeals court has struck down a California education regulation that allowed trained school staff members to give insulin shots to students. For the full story, go to: http://www.sacbee.com/2010/06/10/2811901/school-staff-cant-give-students.html Can Public Schools Constitutionally Punish Students' Off-Campus Speech? The U.S. Court of Appeals for the Third Circuit Will Decide [Writ / Findlaw] 6/9/10: Julie Hilden comments on two February 2010 Third Circuit panel decisions that were recently re-heard en banc by the Circuit. Both decisions involve public-school students who were suspended from school for creating fake MySpace pages that purported to be (but could not really have been mistaken for) pages authored by, and about, the principals of their schools. Hilden explains and contrasts the facts of the two cases, and contends that the ACLU's position that schools cannot constitutionally regulate off-campus speech is correct. She also argues that, while the students' conduct in the cases was not ideal, the principals' conduct was far worse: They even went so far as to go to the police to consider criminal charges against their own students, based on the parodic MySpace pages. For the full article, go to: http://writ.news.findlaw.com/hilden/20100609.html School documents provide glimpse of 'pay to play' practices [California Watch] 6/9/10: In April 1984, the state Supreme Court ruled that schools violate the state's constitutional guarantee to a free education when they charge children to participate in extracurricular activities. Nearly 30 years later, a San Diego grand jury found numerous examples of San Diego schools charging exorbitant fees for cheerleading and other activities. For the full story, go to: http://californiawatch.org/watchblog/glimpse-what-school-pay-play-looks Fensterwald: Leg analyst predicts Prop 98 suspension [EducatedGuess] 6/8/10: Legislative Analyst Mac Taylor believes it may be unavoidable – and may be preferable – to suspend Proposition 98, the primary method of funding K-12 schools and community colleges, in a year when the state is struggling to close a massive $20 billion deficit. For the full blog post, go to: http://educatedguess.org/blog/2010/06/08/leg-analyst-predicts-prop-98-suspension/ Full 3rd Circuit Weighs Student Web Speech [School Law Blog] 6/4/10: A federal appeals court on Thursday weighed whether students may face school discipline for speech created off campus that parodies school administrators, sometimes in vulgar and offensive terms. For the full blog posting, go to: http://blogs.edweek.org/edweek/school_law/2010/06/full_3rd_circuit_weighs_intern.html Fensterwald: Layoffs scaring off future teachers [Educated Guess] 5/28/10: Many of the 26,000 teachers in California who got pink slips in March may have their jobs back by August, if their colleagues agree to furloughs or give-backs and if districts pass parcel taxes next month and come up with other savings. Los Angeles Unified alone has rescinded two-thirds of the 3,100 layoff notices it issued two months ago. For the full blog posting, go to: http://educatedguess.org/blog/2010/05/28/layoffs-scaring-off-future-teachers/ Lawsuit moves school duel to new level [Sacramento Bee] 5/25/10: California’s perpetual public debate over the sad condition of its K-12 schools entered a new and potentially climactic phase last week when a coalition of education groups filed a lawsuit alleging that the entire 6 million-student system is unconstitutional. For the full column by Dan Walters, go to: http://www.sacbee.com/2010/05/25/2774047/dan-walters-lawsuit-moves-school.html Check out the website "California School Finance" by going to: http://fixschoolfinance.org Fensterwald: Unions again balk at Race to the Top [EducatedGuess] 5/25/10: The six districts leading the state’s second round Race to the Top application were able to recruit nearly 100 other districts and 200 charter schools to the cause. They failed, however, persuade their own teachers unions to sign the application. For the full blog piece, go to: http://educatedguess.org/blog/2010/05/25/unions-again-balk-at-race-to-the-top/ Colorado education law may mark a national shift [Los Angeles Times] 5/23/10: The law ties teachers' job reviews to the performances of their students on achievement tests. Similar legislation is pending in other states; federal dollars may be at stake. For the full story, go to: http://www.latimes.com/news/nationworld/nation/la-na-colorado-20100523,0,5945475.story Lawsuit is risky, but it may help focus school funding [Sacramento Bee] 5/23/10: Nobody should be surprised by the big school funding lawsuit that hit the state Thursday – Gov. Arnold Schwarzenegger, its chief target, least of all. For the full coumn by Peter Schrag, go to: http://www.sacbee.com/2010/05/23/2768808/peter-schrag-lawsuit-is-risky.html For more on the lawsuit, go to: http://www.sacbee.com/2010/05/21/2766758/education-coalition-sues-california.html http://www.contracostatimes.com/education/ci_15125723 http://www.insidebayarea.com/education/ci_15126853 The complaint document: http://www.mercurynews.com/education/ci_15125986 The Teachers’ Unions’ Last Stand [New York Times’ Sunday Magazine] 5/23/10: How President Obama’s Race to the Top could revolutionize public education. For the full piece, go to: http://www.nytimes.com/2010/05/23/magazine/23Race-t.html Fensterwald: Litigation alert: major funding suit to be filed today [Educated Guess] 5/20/10: The long-anticipated suit challenging California’s meager education funding will be formally announced and filed today. The state PTA is joining the California School Boards Association and the Association of California School Administrators in what could become the biggest school funding case since Serrano v. Priest in the ‘70s overturned the state’s system of funding schools. For the full blog post, go to: http://educatedguess.org/blog/2010/05/20/litigation-alert-funding-suit-to-be-filed-today/ http://educatedguess.org/blog/2010/05/21/irrational-unstable-and-insufficient-funding/ To view the complaint in the suit, go to: http://www.acsa.org/FunctionalMenuCategories/Media/TalkingPoints/Lawsuit/Robles-Wong-v-State-of-CA.aspx Teachers Facing Weakest Market in Years [New York Times] 5/20/10: The recession seems to have penetrated a profession long seen as recession-proof. Superintendents, education professors and people seeking work say teachers are facing the worst job market since the Great Depression. Amid state and local budget cuts, cash-poor urban districts like New York City and Los Angeles, which once hired thousands of young people every spring, have taken down the help-wanted signs. For the full story, go to: http://www.nytimes.com/2010/05/20/nyregion/20teachers.html 6th Circuit rejects special-ed teacher's retaliation claim [First Amendment Center] 5/19/10: A federal appeals court panel has found that a former special-education teacher in Michigan had no First Amendment right to complain about the size of her teaching caseload. On May 17, the unanimous three-judge panel said that Susan M. Fox merely engaged in unprotected employee speech when she complained to her supervisors and was not speaking as a citizen on a matter of public concern. For the full story from David L. Hudson, go to: http://www.firstamendmentcenter.org/analysis.aspx?id=22965 To read the decision in Fox v. Traverse City Area Public School Board of Education, go to: http://www.ca6.uscourts.gov/opinions.pdf/10a0140p-06.pdf Critics of tenure wonder if protects poor teachers [Lodi News-Sentinel] 5/17/10: In the past five years, no tenured Lodi Unified School District teachers have been fired because of poor performance. Zero. That's out of a workforce of about 1,300. As pink slips are passed out to thousands of teachers in Lodi Unified and other districts throughout the state, some critics are wondering: Is tenure protecting poor teachers at a time the state badly needs to cut costs and improve performance? For the full story, go to: http://www.lodinews.com/articles/2010/05/17/news/1_tenure_100517.txt Amid the havoc, K-12 relatively spared for now [Educated Guess] 5/17/10: In his revised budget, Gov. Schwarzenegger is not suggesting any more cuts to K-12 schools than he proposed in January. But that should provide little comfort or confidence to school districts. They’ll likely spend the summer watching a stalemate in Sacramento while worrying whether the school budgets they’ll set in June, using the governor’s revised state budget in May, will turn out to be too high. There’s a good chance they will be – even with the big spending cuts they’ll already include. For the full blog posting, go to: http://educatedguess.org/blog/2010/05/17/amid-the-havoc-k-12-spared-for-now/ California bill would block Texas textbook changes [San Francisco Chronicle / Associated Press] 5/17/10: California may soon take a stand against proposed changes to social studies textbooks ordered by the Texas school board, as a way to prevent them from being incorporated in California texts. For the full story, go to: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/05/16/state/n100005D86.DTL Special-ed teachers' training includes autism [Riverside Press-Enterprise] 5/17/10: Responding to an explosion in the number of autism cases in the past 20 years, California is requiring thousands of veteran special-education teachers to return to school to learn about the developmental disorder. For many, it will be their first training on the challenging behaviors that often accompany autism. For the full story, go to: http://www.pe.com/localnews/riverside/stories/PE_News_Local_D_autism17.eca60c2.html Calif. bill could jail parents if kids miss school [San Luis Obispo Tribune] 5/14/10: The state of California would hold parents responsible if their children are chronically truant under a bill the state Senate approved Thursday. SB 1317 would let prosecutors charge parents with misdemeanors punishable by up to a year in jail and a $2,000 fine if their kids miss too much school. Judges could delay the punishment to parents as an incentive to get their children to class. For the full story, go to: http://www.sanluisobispo.com/2010/05/13/1138854/calif-bill-could-jail-parents.html Landmark ruling on teacher layoffs [Educated Guess / Los Angeles Times] 5/14/10: A Superior Court judge has served notice to school districts statewide that the seniority rights of teachers do not trump the fundamental right of students to an equal opportunity for a good education. Read the blog post at: http://educatedguess.org/blog/2010/05/14/landmark-ruling-on-teacher-layoffs/ http://www.latimes.com/news/local/la-me-lausd-20100513,0,1031059.story Read the preliminary injunction by going to: http://educatedguess.org/blog/wp-content/uploads/2010/05/tenure-rif-lausd-ruling051210.pdf Flag rift caught Gavilan View Middle School principal off guard [Bakersfield Californian] 5/13/10: The last thing John Gutierrez ever expected to see on his Salinas campus was a flag controversy, the Gavilan View Middle School principal said Wednesday. But it happened this week, when Fox News reported the story of seventh-grader Taryn Hathaway. The girl said art teacher Peggy Saunders called her drawing of the flag, with the phrase "God bless America" spread across it, "offensive" without explanation. For the full story, go to: http://www.thecalifornian.com/article/20100513/NEWS01/5130302/-1/NEWSFRONT2/Flag-rift-caught-Gavilan-View-Middle-School-principal-off-guard Court of Appeal interprets Morrison in case of elementary teacher with three DUIs 5/7/10: The California Court of Appeal interpreted the longstanding Morrison case regarding teacher discipline in reviewing the situation of an elementary school teacher convicted of three DUIs in 15 years. The Commission had moved to suspend the teacher as “unfit to teach,” and the Court of Appeal upheld this interpretation. In so doing, the Court revisited the famous Morrison factors. (Morrison v. State Board of Education (1969) 1 Cal.3d 214, 224-225.). Read the decision in Broney v. California Commission on Teacher Credentialing at: http://www.courtinfo.ca.gov/opinions/documents/C060831.PDF Jury finds Oxnard Union responsible in case of stolen lunch money [Ventura County Star] 5/7/10: A jury found Oxnard Union High School District responsible for the harm caused to an autistic student who had her lunch money stolen by a teacher’s aide who later admitted to being addicted to methamphetamine. For the full story, go to: http://www.vcstar.com/news/2010/may/06/jury-finds-oxnard-union-responsible-in-case-of/ Fensterwald: Governor, State Board to ACLU: We’re on your side [Educated Guess] 5/7/10: The lawsuit against Los Angeles Unified and the state over seniority-based teacher layoffs and massive cuts in state education funding has taken some strange twists. For the full blog post, go to: http://educatedguess.org/blog/2010/05/07/governor-state-board-to-aclu-were-on-your-side/ Morgan Hill students sent home over clothing [Associated Press / Washington Post] 5/7/10: The parents of several San Francisco Bay-area high school students who were sent home after showing up in clothing with American flags on Cinco de Mayo are blasting the school's decision. For the full story, go to: http://www.washingtonpost.com/wp-dyn/content/article/2010/05/06/AR2010050604722.html Graduation Season Legal Battles Commence [School Law Blog] 5/6/10: High school commencement season is fast approaching, and that is leading to legal disputes over public education and religion. For the full blog posting, go to: http://blogs.edweek.org/edweek/school_law/2010/05/high_school_commencement_seaso.html The hard part – layoffs / Is seniority best way to decide on teachers’ fate? [San Diego Union-Tribune] 5/3/10: Public schools from San Diego to Maine are facing hard times and hard decisions. And there is no more difficult decision for school district administrators than who should be laid off and who should remain on the job. For the full story, go to: http://www.signonsandiego.com/news/2010/may/03/the-hard-part-layoffs/ Oakland teachers' one-day strike is over: What's next? [Oakland Tribune] 5/1/10: Any sense of relief brought on by the end of a peaceful strike or the teachers' return to work, however, could be short-lived. The labor dispute between the teachers and the administration is still simmering, and a longer-term strike is possible. At 4 p.m. Monday, teachers will gather at Oakland Technical High School to vote on the union's next move. For the full story, go to: http://www.contracostatimes.com/news/ci_14995174 L.A. Unified expected to reap 'multimillions' in lawsuit win over property taxes [Los Angeles Times] 5/1/10: A long-running legal battle over local property taxes has ended in a court decision that will mean a multimillion dollar windfall for the Los Angeles Unified School District. But estimates of the amount vary dramatically — from about $20 million in the near term to $1.14 billion in years to come. For the full story, go to: http://latimesblogs.latimes.com/lanow/2010/04/la-unified-expected-to-reap-multimillions-in-lawsuit-win-over-property-taxes-.html Fensterwald: Court slaps state board’s wrist in algebra case [Educated Guess Blog] 5/1/10: The state school boards’ and administrators’ associations have won a two-year old suit against the State School Board over a controversy involving eighth-grade algebra. The impact of the decision will be minor, though the decision does serve as a warning to the State Board to follow the state’s open-meeting law. For the full blog post, go to: http://educatedguess.org/blog/2010/04/30/court-slaps-state-boards-wrist-in-algebra-case/ Trial begins in civil suit against Oxnard district over stolen snack money [Ventura County Star] 4/30/10: Testimony began Thursday in a civil trial that pits the parents of a disabled student against the Oxnard Union High School District in connection with allegations that school officials were negligent in hiring a drug-using woman with a criminal record who stole snack money from the student. For the full story, go to: http://www.vcstar.com/news/2010/apr/29/trial-begins-in-civil-suit-against-oxnard-over/ Debate over teacher evaluations is under way in Maryland [Washington Post] 4/28/10: A proposal by state education officials that would have student achievement count toward at least 50% of a teacher's evaluation may cause conflict in Maryland. Officials say the changes would demonstrate the state's commitment to reforms for the competitive Race to the Top grants. But some lawmakers and teachers union representatives say the proposal oversteps the limits of legislation that caps at 35% the weight of any one criterion on teacher evaluations. For the full story, go to: http://www.washingtonpost.com/wp-dyn/content/article/2010/04/27/AR2010042704844.html Student test score data proposed to evaluate L.A. teachers [Los Angeles Times] 4/28/10: School district task force also suggests giving more money to high-performing teachers and waiting up to four years before granting tenure. The teachers union strongly opposes evaluation reforms. For the full story, go to: http://www.latimes.com/news/local/education/la-me-0428-teachers-20100428,0,3803318.story Teacher incentives, easier firing backed [Los Angeles Daily News] 4/27/10: Los Angeles Unified officials should have the power to reward some teachers with incentive pay and fire others for underperformance, according to a long-awaited report being presented to the school board today. For the full story, go to: http://www.dailynews.com/education/ci_14964293 Capistrano School District announces tentative contract with teachers [Los Angeles Times] 4/27/10: The Capistrano Unified School District announced late Monday night that it had reached a tentative contract agreement with teachers, which would end a strike that began last Thursday over the duration of pay and benefit cuts imposed in response to a $34-million budget shortfall. For the full story, go to: http://latimesblogs.latimes.com/lanow/2010/04/capistrano-school-district-announces-tentative-contract-with-teachers.html Public schools leaders, students walk a fine line on religion [Bakersfield Californian] 4/25/10: During six recent school days, students at Liberty, Shafter and Bakersfield high schools gave out hundreds of Bibles to their peers on campus. How did they manage that in a public high school? Very carefully. For the full story, go to: http://www.bakersfield.com/news/local/x735123695/Public-schools-leaders-students-walk-a-fine-line-for-religion Last Teacher In, First Out? City Has Another Idea [New York Times] 4/24/10: In a year in which thousands of teachers may lose their jobs, officials in this city want to use performance, not seniority, to determine who will be let go. For the full story, go to: http://www.nytimes.com/2010/04/25/education/25seniority.html LAUSD teacher fired in harassment case after two years [Los Angeles Times] 4/24/10: Thomas Shelden got his $73,500 annual salary but had no duties while the district investigated. For the full story, go to: http://www.latimes.com/news/local/la-me-0424-lausd-20100424,0,3133956.story Court Reinstates Teachers' Suit on Speech Limits [School Law Blog] 4/23/10: A federal appeals court has reinstated some free speech and retaliation claims by several teachers at a Colorado charter school. The teachers allege that their charter school principal illegally barred them from meeting to discuss school matters and that the school retaliated against them then they did. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit, in Denver, held that the former principal of the Twin Peaks Charter Academy in Longmont, Colo., was not entitled to qualified immunity on some of the free-speech claims raised in a lawsuit by six teachers. For the full blog post, go to: http://blogs.edweek.org/edweek/school_law/ Read the decision in Brammer-Hoelter et. al. v. Twin Peaks Charter Academy at: http://www.ca10.uscourts.gov/opinions/08/08-1325.pdf Capo picketing continues; classrooms trashed [Orange County Register] 4/22/10: Hundreds of teachers across the Capistrano Unified School District are expected to begin picketing in front of their schools early Thursday to protest the district's failure to make a "clear, unambiguous offer" to settle a bitter, months-long pay cut dispute, the district's teachers union says. For the full story, go to: http://www.ocregister.com/news/district-245294-teachers-school.html http://www.latimes.com/news/local/education/la-me-0423-capo-strike-20100423,0,5438278.story Oakland school board imposes contract on teachers union [Oakland Tribune] 4/22/10: The school board on Wednesday night imposed a contract on its teachers union — quite possibly for the first time in the district's history. The vote to immediately impose a so-called "status quo contract" was unanimous and prompted an uproar in the board room. For the full story, go to: http://www.contracostatimes.com/education/ci_14933507 Could teacher job losses reach 300,000 nationwide? [Washington Post] 4/21/10: Education Secretary Arne Duncan has estimated that as many as 300,000 teachers could be laid off in the coming months as school districts cope with budget shortfalls. A $23 billion education stimulus fund has been proposed that could help prevent layoffs and what Duncan describes as an "education catastrophe." In many districts, teacher layoffs will mean a reduction in programs and larger class sizes. The average class size in one Maryland district that plans to lay off 800 teachers will rise from 27 to 29 next year. For the full story, go to: http://www.washingtonpost.com/wp-dyn/content/article/2010/04/20/AR2010042003215.html Lazear Elementary teacher placed on administrative leave [Oakland Tribune] 4/21/10: A third-grade teacher at Lazear Elementary School has been placed on paid administrative leave while the Oakland school district investigates a complaint that he grabbed a student by the collar earlier this month, leaving marks on his neck. For the full story, go to: http://www.contracostatimes.com/education/ci_14923340 Governor backs bill that would change teachers' dismissal standards [Los Angeles Times] 4/21/10: Gov. Schwarzenegger threw his weight behind state legislation on Tuesday that proposes to give school administrators the ability to assign or fire teachers based on their effectiveness and to streamline the dismissal process. For the full story, go to: http://www.latimes.com/news/local/la-me-0421-teachers-20100421,0,2009598.story Alternate Path for Teachers Gains Ground [New York Times] 4/19/10: Not long ago education schools had a virtual monopoly on the teaching profession. They dictated how and when people became teachers by offering coursework, arranging apprenticeships and granting master’s degrees. But now those schools are feeling under siege. Officials in Washington, D.C., and New York State, where some of the best-known education schools are located, have stepped up criticisms that the schools are still too focused on theory and not enough on the craft of effective teaching. For the full story, go to: http://www.nytimes.com/2010/04/19/education/19regents.html Truancy court in Oakland is for parents [San Francisco Chronicle] 4/18/10: One by one, mothers stepped forward to face Alameda County Superior Court Judge Cecilia Castellanos and explain why their children have repeatedly failed to show up to elementary school. For the full story, go to: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/04/17/BAGU1CVJTQ.DTL Increasing number of students will face shortened school year [California Watch] 4/16/10: The state's budget crisis is putting so much pressure on public school districts that some are being forced to trim the school year before school gets out this year. For the full story, go to: http://www.californiawatch.org/watchblog/increasing-number-students-will-face-shortened-school-year Teachers Set Deal With City on Discipline Process [New York Times] 4/16/10: Mayor Michael Bloomberg and the city’s teachers union have agreed to do away with “rubber rooms” and speed up hearings for teachers accused of wrongdoing or incompetence, ending a disciplinary system that has made both City Hall and the teachers’ union subjects of ridicule. For the full story, go to: http://www.nytimes.com/2010/04/16/nyregion/16rubber.html Parents strike at Oakland's Lazear Elementary School [Oakland Tribune] 4/16/10: Parents say he took a smoking break during class, leaving his students unattended; that he locked a student in the classroom this past fall and recently grabbed a child by the collar; that he has fallen asleep in class; and that he made the children write, over and over, "I will learn how to shut my mouth." And, they say, he still works at Lazear Elementary School, more than a year after they filed their first complaint. For the full story, go to: http://www.contracostatimes.com/education/ci_14892680 No longer highest paid teachers [Educated Guess] 4/14/10: Teachers in California no longer earn, on average, the most of any state in the nation. New York has taken over that distinction. California has the second highest student to teacher ratio in the nation (20.9:1), next to Utah’s 21.4. And its spending per student has fallen two notches to 43^rd in the nation. For the full blog posting, go to: http://educatedguess.org/blog/2010/04/13/no-longer-highest-paid-teachers/ Special Ed option for laid off teachers [Educated Guess] 4/14/10: A one-year-old nonprofit is serving as a matchmaker between an abundant supply of soon to be laid-off teachers and a critical shortage of special ed instructors. As a result, at least several thousand vacant special ed positions likely will be filled this fall by teachers who would otherwise be looking at unemployment or substitute teaching. For the full blog posting, go to: http://educatedguess.org/blog/2010/04/14/special-ed-option-for-laid-off-teachers/ Former Principal of Adams Elementary Sues Santa Barbara School District [Santa Barbara Noozhawk] 4/13/10: A former Adams Elementary School principal has filed a lawsuit against the Santa Barbara School District over civil-rights and labor-code violations, according to court documents. The district’s reasons for termination are “a pretext for discharging her because she made continual complaints to SBSD for what she in good faith believed to be violations by them of state and federal law,” the lawsuit alleges. For the full story, go to: http://www.noozhawk.com/schools/article/041310_former_adams_principal_sues_sbsd Ky. parents can inspect child's educational records [Associated Press / First Amendment Center] 4/13/10: Parents have an "absolute right" to inspect all educational records relating to their children, including e-mails exchanged between teachers and administrators, the Kentucky attorney general's office concluded in an opinion released yesterday. For the full story, go to: http://www.firstamendmentcenter.org/news.aspx?id=22830 Teachers Union Settles Suit on Political Fees [SchoolLawBlog] 4/8/10: A Washington State teachers union has agreed to settle the last remnant of a long-running legal battle over non-member "agency" fees that improperly went for political purposes. For the full blog posting, go to: http://blogs.edweek.org/edweek/school_law/2010/04/teachers_union_settles_suit_on.html Tying Teacher Evaluation to Student Achievement Caution, Yellow Light Ahead [Education Week] 4/7/10: Susan H. Fuhrman advises policymakers to move carefully in crafting ways to make important decisions about individual teachers. For the full article, go to: http://www.edweek.org/ew/articles/2010/04/07/28fuhrman_ep.h29.html States Strive to Overhaul Teacher Tenure [Education Week] 4/7/10: Over the past year, a handful of states have begun to overhaul their tenure-granting processes by increasing the number of years it takes teachers to win due process rights, and by trying to improve the evaluations that are supposed to guide determinations of whether a teacher qualifies for the benchmark. For the full story, go to: http://www.edweek.org/ew/articles/2010/04/07/28tenure_ep.h29.html Tying Teacher Evaluation to Student Achievement Caution, Yellow Light Ahead [Education Week] 4/7/10: Susan H. Fuhrman advises policymakers to move carefully in crafting ways to make important decisions about individual teachers. For the full article, go to: http://www.edweek.org/ew/articles/2010/04/07/28fuhrman_ep.h29.html Salinas school emergency trusteeship first in state caused by board turmoil [Bakersfield Californian] 4/1/10: California has intervened in the past for districts with severe financial problems, as it did last year for south Monterey County's King City Union School District, and for those with ongoing academic performance issues. But the immediate appointment of a trustee to oversee the Alisal Union School District marks the first time leadership issues forced the state's hand, Board of Education spokeswoman Regina Brown Wilson said. For the full story, go to: http://www.thecalifornian.com/article/20100401/NEWS01/4010302/State-Salinas-school-emergency-trusteeship-first-in-California-caused-by-board-turmoil Should school officials be held responsible for bullying? [Yahoo News / Associated Press / KQED Radio] 3/31/10: A Massachusetts case of bullying that occurred during and after school and resulted in the suicide of a 15-year-old girl has prompted questions regarding teacher and administrator accountability. Although more than 40 states have anti-bullying laws, few districts provide training on how to handle bullies and their victims. These days, bullying takes place in cyberspace as well as in the schoolyard, allowing little relief for the victim. The “Forum” program on KQED discusses tools for kids, parents, and schools to help curb bullying .For the full stories, go to: http://ca.news.yahoo.com/s/capress/100330/world/us_school_bullying http://www.kqed.org/epArchive/R201003311000 9 Teenagers Are Charged After Classmate’s Suicide [New York Times / School Law Blog] 3/30/10: The prosecutor brought charges Monday against nine teenagers, saying their taunting and physical threats were beyond the pale and led the freshman, Phoebe Prince, to hang herself from a stairwell in January. In the uproar around the suicides of Ms. Prince, 15, and an 11-year-old boy subjected to harassment in nearby Springfield last year, the Massachusetts legislature stepped up work on an anti-bullying law that is now near passage. The law would require school staff members to report suspected incidents and principals to investigate them. It would also demand that schools teach about the dangers of bullying. Forty-one other states have anti-bullying laws of varying strength. For the full story, go to: http://www.nytimes.com/2010/03/30/us/30bully.html http://blogs.edweek.org/edweek/school_law/2010/03/school_bullying_cases_charges.html Third Circuit Issues an Encouraging Ruling in a First Amendment Case About Teen "Sexting" [Writ / Findlaw] 3/29/10: Julie Hilden comments on a recent decision by the U.S. Court of Appeals for the Third Circuit that concerns teens' practice of "sexting" -- sending each other sexy and sometimes nude or partially-nude photos of themselves via cellphone. In the case before the court, a Pennsylvania District Attorney had threatened teens that if they did not take a course taught by the D.A.'s office, then they would be prosecuted for their sexting under anti-child pornography laws. As Hilden explains, the facts of the case were disturbing in several ways -- for instance, all but one of the photos at issue including no nudity at all, and the D.A.'s course encouraged sexist stereotypes and forced students to write essays that they did not believe in. Hilden contends that the court made the right decision in affirming the validity of the First Amendment theories upon which the case proceeded. To read the entire article and see Hilden’s interpretation of the implications for schools, go to: http://writ.news.findlaw.com/hilden/20100329.html To read the decision in Miller v. Mitchell, go to: http://caselaw.lp.findlaw.com/data2/circs/3rd/092144p.pdf Sacramento City teachers disagree over concessions [Sacramento Bee] 3/29/10: Amid pink slips and massive budget cuts, infighting has erupted among Sacramento City Unified School District teachers and their union leaders over whether they should make concessions to save jobs. At odds, some teachers say, are the younger teachers vs. the hard-line tactics of union leadership that has been in place for decades. At the same time, Sacramento City Teachers Association leadership is dueling with the district in informal talks over whether to give concessions in light of the district's $30 million budget deficit. For the full story, go to: http://www.sacbee.com/2010/03/29/2639947/sacramento-city-teachers-disagree.html Blog: Custodian finds reporting hazards can be hazardous [David Hudson of The First Amendment Center] 3/26/10: It used to be that employee speech about safety issues could be protected; high court's Garcetti ruling changed that. He concludes that “as these Garcetti-related decisions pile up, public employees more and more will remain silent about potential hazards and other problems in public workplaces, rather than risk losing their jobs.” For the full piece, go to: http://www.firstamendmentcenter.org/commentary.aspx?id=22763 Claim: Student hit with clipboard over 'stupid question' [Orange County Register] 3/26/10: An algebra teacher at a Huntington Beach middle school hit her student over the forehead with a clipboard in response to what she called a "stupid question," according to allegations in a claim filed against the Huntington Beach City School District. For the full story, go to: http://www.ocregister.com/news/claim-240965-rosener-devonte.html 5 S.F. school principals under fire [San Francisco Chronicle] 3/26/10: Five principals at the helm of struggling San Francisco schools will be forced within the next few weeks to make a gut-wrenching choice: Fight for their jobs - a battle that could cost their schools millions of dollars - or leave. For the full story, go to: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/03/26/MNA31CK4FP.DTL Alternative-school teachers fear retaliation for complaining to board [San Jose Mercury News] 3/26/10:By going directly to the trustees — rather than through Superintendent Charles Weis — teachers fear that their boldness could cost them their jobs. For the full story, go to: http://www.mercurynews.com/education/ci_14758277?nclick_check=1 Trustees fire principal of honored Winters High School [Sacramento Bee] 3/26/10: George Griffin had good reason to think his job was safe. Over the past decade, the Winters High School principal had led his campus through an academic transformation. For the full story, go to: http://www.sacbee.com/2010/03/26/2634532/trustees-fire-principal-of-honored.html Opinion: California needs quality-based layoff system [Los Angeles Times Editorial] 3/24/10: A California law that dictates teacher layoffs be based on seniority needs to be revoked in favor of one that takes into account job performance, argue Timothy Daly, president of the New Teacher Project, and Arun Ramanathan, executive director of the Education Trust-West. A scorecard method that weighs a teacher's classroom-management skills, attendance and yearly performance as well as experience and out-of-classroom duties would be more effective and could win teachers' support, they write in this opinion column. For the full story, go to: http://www.latimes.com/news/opinion/commentary/la-oe-daly24-2010mar24,0,4368026.story Over Dissent, High Court Declines Review of 'Ave Maria' at Graduation [School Law Blog] 3/22/10: Over a strong dissent by one justice, the U.S. Supreme Court today declined to hear an appeal over whether a school district's refusal to allow a performance of "Ave Maria" at a public high school graduation was an infringement of student free speech rights. For the full blog posting, go to: http://blogs.edweek.org/edweek/school_law/2010/03/over_dissent_supreme_court_dec.html Read Justice Alito’s dissent at: http://www.supremecourt.gov/opinions/09pdf/09-671.pdf Injury lawsuits increasingly common in schools [Bakersfield Californian] 3/22/10: Personal injury claims are the most common complaint filed against schools, districts and employees, and they’re more common these days than years before, lawyers and school officials say. For the full story, go to: http://www.bakersfield.com/news/local/x111565744/Injury-lawsuits-increasingly-common-in-schools Court Blocks Suit Over School Isolation Room [School Law Blog] 3/19/10: A school's placement of an autistic child in a locked isolation room for misbehavior was "a recognized educational tool" and was part of the child's special education plan, thus a parent who challenged the tactic first had to exhaust administrative remedies before suing, a federal appeals court has ruled. For the full blog post, go to: http://blogs.edweek.org/edweek/school_law/2010/03/court_blocks_suit_over_school.html School Suspensions Lead to Legal Challenge [New York Times] 3/19/10: … Whether banishing children from schools really makes them safer or serves the community well is increasingly questioned by social scientists and educators. And now the punishment is before the courts in what has become a stark legal test of the approach. Lawyers for the girls — who are black — say that denying them a semester’s schooling was an unjustified violation of their constitutional right to an education. For the full story, go to: http://www.nytimes.com/2010/03/19/education/19suspend.html Prosecutor Overstepped Bounds in "Sexting" Case, 3rd Circuit Rules [School Law Blog] 3/18/10: A federal appeals court has ruled that a state prosecutor in Pennsylvania likely overstepped constitutional boundaries when he threatened a student with prosecution over alleged "sexting," the texting or Web posting of allegedly sexually explicit or suggestive images. For the full story, go to: http://blogs.edweek.org/edweek/school_law/2010/03/prosecutor_overstepped_bounds_in_sexting.html Read the decision in Miller v. Mitchell at: http://www.ca3.uscourts.gov/opinarch/092144p.pdf Decision makes schools chief loathed and loved [CNN] 3/18/10: Superintendent Frances Gallo combed the classrooms of embattled Central Falls High School. Teachers and students were gone for the day. Gallo was hunting for a particular item: an effigy of President Obama. She hoped the rumor of its existence wasn't true. Gallo had fired all the high school teachers just a month earlier, igniting an educational maelstrom in Rhode Island's smallest and poorest community while winning praise from the president. For the full story, go to: http://www.cnn.com/2010/US/03/17/rhode.island.school.reform/index.html?hpt=C1 Fensterwald: L.A. task force urges big changes in tenure, pay [Educated Guess] 3/17/10: One of the state’s most hidebound districts in the past took a step this week toward becoming one of the most progressive. The rest of the state: take notice. For the full blog, go to: http://educatedguess.org/blog/2010/03/17/l-a-task-force-urges-big-changes-in-tenure-pay/ Calif. districts send nearly 22,000 layoff notices to school employees [Bloomberg News / Contra Costa Times] 3/16/10: School districts across California issued nearly 22,000 preliminary layoff notices to teachers and other school workers to help offset budget shortfalls. While not all those staffers will be laid off, state schools chief Jack O'Connell has said he expects this year's education job losses to be high because of dwindling stimulus money and the state's budget troubles. Last year, 60% of the 26,000 teachers who received job-loss notices were eventually laid off. For the full stories, go to: http://www.businessweek.com/ap/financialnews/D9EFBE3G0.htm http://www.contracostatimes.com/top-stories/ci_14680683 Revised NCLB would affect schools differently [Washington Post] 3/16/10: Successful schools would be rewarded with additional funding and flexibility under President Barack Obama's proposed overhaul of No Child Left Behind -- while the least-successful schools would face mandatory changes that in the most severe cases would result in the removal of the school's principal. The president of the California Teachers Association criticized Obama's plan, saying it maintains the "one-size-fits-all" approach of NCLB and that test scores should not be used to label schools. For the full story, go to: http://www.washingtonpost.com/wp-dyn/content/article/2010/03/15/AR2010031502118.html L.A. Unified panel recommends changes in teacher evaluations [Los Angeles Times] 3/16/10: The task force of about 50 parents, teachers and administrators suggests paying high-performing teachers more, using student test scores in evaluations and overhauling the tenure system. For the full story, go to: http://www.latimes.com/news/local/la-me-lausd-teacher16-2010mar16,0,2124834.story EEOC Backs Ousted Principal of NYC Arabic School [School Law Blog] 3/15/10: The federal Equal Employment Opportunity Commission has determined that a New York City educator ousted from her job as the interim principal of an Arabic-themed public school because of a controversial newspaper interview was discriminated against on the basis of race, religion, and national origin. For the full blog posting, go to: http://blogs.edweek.org/edweek/school_law/2010/03/eeoc_backs_ousted_principal_of.html To read the EEOC decision, go to: http://graphics8.nytimes.com/packages/pdf/nyregion/EEOC_Determination.pdf The New York Times’ article on this decision can be found at: http://www.nytimes.com/2010/03/13/nyregion/13principal.html Education symposium takes pragmatic look at state schools crisis [Oakland Tribune] 3/13/10: As of Friday morning, more than 21,000 pink slips had been issued to teachers throughout California, by the state Education Department's count — just one more symptom of the state's ever-mounting, multibillion-dollar budget deficit. But researchers who spoke at an all-day symposium Friday at UC Berkeley went beyond the startling figures as they assessed the state of California's public schools. They discussed whether taxpayers are willing to pay more for public education. They reviewed state laws that allow Californians to shape complex, far-reaching laws in the ballot box and explored the diminishing authority of government institutions after decades of public cynicism and scarce resources. For the full story, go to: http://www.contracostatimes.com/education/ci_14667004 Teachers in black history prank to be transferred [Los Angeles Daily News] 3/12/10: Three Los Angeles school teachers who were suspended for honoring O.J. Simpson, Dennis Rodman and RuPaul in a Black History Month parade will be transferred to new schools, the district superintendent said Thursday. For the full story, go to: http://www.dailynews.com/education/ci_14661188 Why We Must Fire Bad Teachers [Teacher Magazine] 3/10/10: What's your view? Is firing bad teachers the key to improving schools? Would it ultimately bolster the teaching profession? Why shouldn't ineffective teachers be fired - or why aren't they more often? Follow the Education Week discussion at: http://www.edweek.org/forums/?plckForumPage=ForumDiscussion&plckDiscussionId=Cat%3a047dba43-3f1d-45c3-831f-9125f292c0a4Forum%3aeb75a863-0040-451e-93bc-fbc5ad8abf24Discussion%3acbcf64f7-c5ff-48d5-8523-2d6e716bd1f3&plckCategoryCurrentPage=0&intc=mt Read the Newsweek cover story (3/6/10) about firing bad teachers: http://www.newsweek.com/id/234590 A Public School Allegedly Spies on Students By Using Webcams on Laptops: Is Such Surveillance Legal? [Writ] 3/9/10: Professor Anita Ramasastry comments on a recent lawsuit that alleges that a public school that had distributed laptops with webcams to its students remotely activated one of those webcams in order to spy on a student when he was at home. The school claims that the webcams were only installed and used in order to track lost, misplaced, or stolen laptops, but the student -- who was rightfully in possession of his laptop -- claims that an administrator suggested otherwise, telling him that he'd been caught on webcam doing something improper while at home. Ramasastry raises the question of why the school didn't use GPS, rather than the webcams, to keep track of the computers; and she contends that, if its allegations prove true, the suit will raise a very serious Fourth Amendment issue. For the full opinion piece, go to: http://writ.news.findlaw.com/ramasastry/20100309.html District to appeal ruling on classroom banners [San Diego Union-Tribune] 3/9/10]: The Poway Unified School District will appeal a federal judge’s ruling that school officials violated the constitutional rights of a high school math teacher when they ordered him to take down classroom banners that referred to God. For the full story, go to: http://www.signonsandiego.com/news/2010/mar/09/district-to-appeal-ruling-on-classroom-banners/ Officials Step Up Enforcement of Rights Laws in Education [New York Times] 3/9/10: Seeking to step up enforcement of civil rights laws, the federal Department of Education says it will be sending letters in coming weeks to thousands of school districts and colleges, outlining their responsibilities on issues of fairness and equal opportunity. For the full story, go to: http://www.nytimes.com/2010/03/08/education/08educ.html Fensterwald: Teachers surveyed agree: end ‘quality-blind’ layoffs [Educated Guess] 3/8/10: Civil rights attorneys aren’t the only ones opposed to a teacher layoff system based strictly on seniority. Teachers themselves apparently aren’t crazy about it either. For the full blog posting, go to: http://educatedguess.org/blog/2010/03/07/teachers-surveyed-agree-end-quality-blind-layoffs/ Read “A Smarter Teacher Layoff System” [New Teacher Project, March 2010]: http://educatedguess.org/blog/wp-content/uploads/2010/03/Layoffs-TNTPsurvey030510.pdf Fensterwald: Exploring new pay plans for teachers, principals [Educated Guess] 3/8/10: The vice president of the California Teachers Association said last week that he wouldn’t oppose alternative pay plans for teachers, under two conditions: They must be negotiated locally, and they must not tie teacher raises to results on California’s annual, high-stakes standardized tests. For the full blog posting, go to: http://educatedguess.org/blog/2010/03/08/exploring-new-pay-plans-for-teachers-principals/ Building a Better Teacher [New York Times Sunday Magazine] 3/7/10: Around the country, education researchers were beginning to address similar questions. The testing mandates in No Child Left Behind had generated a sea of data, and researchers were now able to parse student achievement in ways they never had before. A new generation of economists devised statistical methods to measure the “value added” to a student’s performance by almost every factor imaginable: class size versus per-pupil funding versus curriculum. When researchers ran the numbers in dozens of different studies, every factor under a school’s control produced just a tiny impact, except for one: which teacher the student had been assigned to. For the full story, go to: http://www.nytimes.com/2010/03/07/magazine/07Teachers-t.html School’s Shake-Up Is Embraced by the President [New York Times] 3/7/10: A Central Falls, Rhode Island school board’s decision to fire the entire faculty of a poorly performing school, and President Obama’s endorsement of the action, has stirred a storm of reaction nationwide, with teachers condemning it as an insult and conservatives hailing it as a watershed moment of school accountability. For the full story, go to: http://www.nytimes.com/2010/03/07/education/07educ.html Folsom Cordova teachers union sues over pay for family reunion trip [Sacramento Bee] 3/5/10: The Folsom Cordova Unified teachers union wants a judge to force the school district to pay an elementary school teacher for five days she spent at a family reunion. The suit was filed in Sacramento Superior Court last month claiming a teacher legitimately used "personal necessity leave" for the September 2008 trip. They asked the court to set aside a school board decision to dock her pay.For the full story, go to: http://www.sacbee.com/2010/03/05/2584274/folsom-cordova-teachers-union.html 3 L.A. teachers suspended over Black History Month celebration of Simpson, Rodman, RuPaul [Los Angeles Times] 3/4/10: Three teachers at a South Los Angeles elementary school have been suspended for allegedly encouraging students to celebrate O.J. Simpson, Dennis Rodman and RuPaul for Black History Month, officials said Wednesday. For the full story, go to: http://latimesblogs.latimes.com/lanow/2010/03/3-la-teachers-suspended-over-black-history-month-celebration-of-simpson-rodman-rupaul.html Is SUSD superintendent overpaid? [Stockton Record] 3/4/10: Less than 16 years ago, outgoing Stockton Unified Superintendent Mary Gonzales Mend resigned from her $103,500-a-year job and was replaced by Gary McHenry, who accepted the position for $106,000. As recently as 2002, George Ridler was earning $153,340 a year in the job. For the full story, go to: http://www.recordnet.com/apps/pbcs.dll/article?AID=/20100304/A_NEWS/3040324 9^th Circuit rules in favor of Kamehameha Schools, rejects plaintiffs' anonymity [Honolulu Star-Bulletin] 3/2/10: Students who want to challenge Kamehameha Schools' admission policy must reveal their names publicly to pursue the case in court, the Ninth U.S. Circuit Court of Appeals ruled today. http://www.starbulletin.com/news/breaking/85998927.html Read the decision: http://www.ca9.uscourts.gov/datastore/opinions/2010/03/02/09-15448.pdf Read the School Law Blog item (3/5/10) at: http://blogs.edweek.org/edweek/school_law/ Teacher Punished for Distributing Jack London Essay on 'Scabs' Can Sue [New Jersey Law Journal] 3/2/10: Novels by Jack London, like "The Call of The Wild," have long been staples of American curricula, but a New Jersey teacher used a nonfiction work attributed to the author to give a lesson, and a federal judge got it. The judge ruled last week that history teacher Robert Cowan can pursue a claim that his constitutional rights were violated when he was suspended for placing copies of "The Scab," a pro-union essay attributed to London, in three colleagues' mailboxes at a high school in 2008. For the full story go to: http://www.law.com/jsp/article.jsp?id=1202444954161 D.C. teacher evaluations look better [Washington Post / Class Struggle Blog] 2/28/10: A teacher-evaluation system in place in Washington, D.C., schools has been criticized by a teachers union official as lacking an "appropriate system of support to improve instruction," but some educators say it is the best evaluation system they have seen. IMPACT requires teachers to have five observations each year from veteran teachers and administrators, with follow-up conferences where observers offer teachers suggestions for improvement. For the full blog posting, go to: http://voices.washingtonpost.com/class-struggle/2010/02/dc_teacher_evaluation_looks_be.html Lawyers sue school districts over teacher layoffs [California Watch] 2/28/10: As the state's budget crunch seemingly tightens daily, groups of lawyers are fighting the decision of school districts to balance budgets by sending teachers to the unemployment line. For the full story, go to: http://californiawatch.org/watchblog/lawyers-sue-school-districts-over-teacher-layoffs Education protests on tap this week in California [Sacramento Bee] 2/28/10: The protests, teach-ins and walkouts that swept through University of California campuses this fall are scheduled to come back this week. But this time the activism is moving beyond UC – to include Cal State, community college and K-12 campuses – and beyond California to other states as well. For the full story, go to: http://www.sacbee.com/2010/02/28/2570820/education-protests-on-tap-this.html How much teachers should give up is discussed [San Diego Union-Tribune] 2/25/10: The budget crisis loomed over contract talks yesterday between the teachers union and the San Diego Unified School District. At issue is how much of a hit teachers should take to help offset a deficit that is expected to reach nearly $88 million. For the full story, go to: http://www.signonsandiego.com/news/2010/feb/25/how-much-of-hit-teachers-should-take-is-discussed/ The charter school test case that didn't happen [Los Angeles Times] 2/25/10: Los Angeles school officials lost a chance this week to test whether the booming charter movement can take on all the problems of the district's traditional, and often troubled, schools. For the full story, go to: http://www.latimes.com/news/local/la-me-charter26-2010feb26,0,1231323.story L.A. teachers gain control of 22 campuses in reform [Los Angeles Times] 2/24/10: In an unlikely victory, groups of teachers, rather than outside operators, will run the vast majority of 30 campuses under a controversial school reform effort, the Los Angeles Board of Education decided Tuesday. For the full story, go to: http://www.latimes.com/news/local/la-me-lausd24-2010feb24,0,5021988.story A Vote to Fire All Teachers at a Failing High School [New York Times] 2/24/10: A plan to dismiss the entire faculty and staff of the only public high school in this small city just west of the Massachusetts border (Central Falls, Rhode Island) was approved Tuesday night at an emotional public meeting of the school board. For the full story, go to: http://www.nytimes.com/2010/02/24/education/24teacher.html Civil Rights Case Has Implications for Schools [School Law Blog] 2/23/10]: A case granted review this week by the U.S. Supreme Court has implications for school districts in lawsuits alleging violations of the constitutional rights of students or district employees. The justices agreed to decide whether plaintiffs suing local governmental agencies, such as cities, counties, and school districts, must show that a constitutional violation was the result of a policy, custom, or practice of the agency even when they are merely seeking a court order to end the violation, as opposed to monetary damages. For the full blog post, go to: http://blogs.edweek.org/edweek/school_law/2010/02/civil_rights_case_has_implicat.html Justices Decline School Board's Appeal in Bias Case [School Law Blog] 2/22/10: The U.S. Supreme Court today refused the hear the appeal of an Alabama school district in a case in which an employee successfully sued over claims that she was placed too low on the salary schedule. For the full blog posting, go to: http://blogs.edweek.org/edweek/school_law/2010/02/justices_decline_school_boards.html Teachers challenge fairness of administrative leave policies [Bakersfield Californian] 2/22/10: A fight broke out among two students last year, and Shannon Robinson was the only teacher around. She broke it up, then was placed on paid administrative leave, tarnishing her reputation, she said. For the full story, go to: http://www.bakersfield.com/news/local/x1029066148/Teachers-challenge-fairness-of-administrative-leave-policies Teacher Seniority Rules Challenged [Wall Street Journal] 2/19/10: Teacher seniority rules are meeting resistance from government officials and parents as a wave of layoffs is hitting public schools and driving newer teachers out of classrooms. For the full story, go to: http://online.wsj.com/article/SB10001424052748703315004575073561669221720.html School District Accused of Spying on Students via Home Webcams [The Legal Intelligencer] 2/19/10: In a case that has set the blogosphere abuzz, a federal lawsuit filed in Philadelphia alleges that 1,800 students were given laptop computers equipped with webcams, which -- unbeknownst to the students or their parents -- could be activated at any time by school officials to spy on the students and their families in their homes. The suit claims that word of the alleged surveillance got out after a school official confronted a student, now the lead plaintiff, with a webcam photo in which he displayed "improper behavior." For the full story, go to: http://www.law.com/jsp/article.jsp?id=1202443844888 Read and listen to the story from National Public Radio by going to: http://www.npr.org/templates/story/story.php?storyId=123886828 Court Backs Student on Facebook Page Criticizing Teacher [School Law Blog] 2/16/10: In the latest in a flurry of recent rulings about student speech on social-networking sites, a federal district court has ruled that a lawsuit challenging the discipline of a student for a Facebook page critical of a teacher may proceed. For the full blog post, go to: http://blogs.edweek.org/edweek/school_law/2010/02/court_backs_student_on_faceboo.html The case is Evans v. Bayer. The decision can be found at: http://howappealing.law.com/EvansVsBayerSDFla.pdf Antioch schools near decision on uniform policy [Contra Costa Times] 2/16/10: Antioch's school district could soon have more uniformity in its student dress code. The school board has asked staff to compile a series of options aimed at creating a districtwide school uniform policy — including consideration of uniforms at the high school level. For the full story, go to: http://www.contracostatimes.com/education/ci_14405555 Teachers acquitted in sex cases rarely return [San Diego Union-Tribune] 2/16/10: Most teachers accused of sexual misconduct with their students never go back to the classroom, even if they’re cleared. The stigma is too much, the resistance from parents and administrators too strong. They’ve been branded, and thanks to the Internet, it’s a mark that follows them everywhere. For the full story, go to: http://www.signonsandiego.com/news/2010/feb/13/teachers-acquitted-sex-cases-rarely-return/ School suspensions: Are they effective [Bakersfield Californian] 2/16/10: According to several school districts' guidelines, students can be suspended for anything from making threats and drug possession to forming secret clubs, gambling, hazing and more. But some educators and school experts say suspending students, especially in elementary school, does more harm than anything. For the full story, go to: http://www.bakersfield.com/news/local/x914961293/School-suspensions-Are-they-effective Fensterwald: Stimulus law’s futile goal of reform [EducatedGuess.org] 2/1610: In directing $80 billion in stimulus dollars over two years to the nation’s elementary and secondary schools, the Obama administration made a big deal about tying the money to school reform. For the full blog post, go to: http://educatedguess.org/blog/2010/02/16/stimulus-laws-futile-goal-of-reform/ Fla. student punished for Facebook rant can sue principal [AP / First Amendment Center] 2/16/10: Federal magistrate says Katie Evans' 'speech falls under the wide umbrella of protected speech,' noting that it occurred off-campus, wasn't disruptive on-campus. For the full story, go to: http://www.firstamendmentcenter.org/news.aspx?id=22615 Wash. districts mull over math curriculum choices amid legal decisions [Seattle Times] 2/13/10: Officials in Washington state's Bellevue and Issaquah school districts are conducting research and consulting with lawyers as they decide whether to choose an investigations-based math curriculum or more traditional texts for geometry and algebra next year. State courts in the Washington counties of Thurston and King recently came to opposing conclusions about how much authority districts have to choose curricula. For the full story, go to: http://seattletimes.nwsource.com/html/localnews/2011069269_math14m.html Should schools screen for cheating on standardized tests? [New York Times] 2/12/10: Some education experts say more schools, districts and states should conduct regular screening for cheating on standardized tests, as the outcomes of these tests carry increasingly significant consequences. While relatively simple and low-cost screening systems are available, few districts choose to employ them. For the full story, go to: http://www.nytimes.com/2010/02/13/education/13erase.html?ref=education Merced Union High School District superintendent's e-mail spurs teacher union complaint Leader urged pay cuts to avoid layoffs in communication directly with staff [Modesto Bee] 2/12/10: The Merced Union High School District Teachers Association announced it has filed an unfair labor practice complaint against the school district. Issues arose after all district employees were sent e-mails on Feb. 3 from district Superintendent Scott Scambray urging them to consider pay cuts, rather than risking future layoffs because of necessary budget cuts. For the full story, go to: http://www.modbee.com/local/story/1045553.html Special-ed teacher, fired for complaint, loses case [First Amendment Center] 2/12/10: A special-education teacher in Booneville, Miss., who complained about corporal punishment of an autistic student by another teacher has no First Amendment claim, a federal district court has ruled. In this latest Garcetti-related ruling, the court finds that teacher’s protest against paddling of autistic student was job-related speech not protected by First Amendment. For the full story, go to: http://www.firstamendmentcenter.org/news.aspx?id=22602 Fensterwald: Tenure not quite automatic in L.A. [EducatedGuess.org] 2/11/10: Embarrassed by a Los Angeles Times story revealing teacher tenure has been all but automatic in Los Angeles Unified, the district is tripling the number of probationary teachers who will be fired this year. For the full blog post, go to: http://educatedguess.org/blog/2010/02/11/tenure-not-quite-automatic-in-l-a/ New Jersey Court Backs Administrator's Search of Student Vehicle [School Law Blog] 2/9/10: An administrator's search of a student's car on school grounds need only meet the reasonable suspicion standard, rather than the more stringent standard of probable cause, to be constitutional, New Jersey's highest court has ruledFor the full blog, go to: http://blogs.edweek.org/edweek/school_law/2010/02/court_backs_reasonable_suspici.html Read the State of New Jersey v. Best by going to: http://www.judiciary.state.nj.us/opinions/supreme/A7708StatevThomasBest.pdf Fensterwald: Report: rescind most mandated programs [EducatedGuess.org] 2/4/10: Recognizing schools’ financial plight, the Legislature and Gov. Schwarzenegger have given districts considerable latitude over how they can spend money for 40 programs known as categoricals. They include important programs: summer school, teacher training and textbook purchases. For the full blog post, go to: http://educatedguess.org/blog/2010/02/04/report-rescind-most-mandated-programs/ Report: Ending gym tests, other school requirements could save state $350 million [Capitol Watch] 2/3/10: The Legislative Analyst's Office on Monday called for an overhaul of the state's education mandates after finding a plethora of inefficient requirements costing school districts nearly $400 million. For the full story, go to: http://www.californiawatch.org/watchblog/report-ending-gym-tests-other-school-requirements-could-save-state-350-million Recession takes toll on California schools [Capitol Watch] 2/3/10: Broken families. Increased hunger. Homelessness. This isn't a blog about post-earthquake life in Haiti. This is the impact of the recession on scores of children attending California schools, according to a recent report from UCLA's Institute for Democracy, Education and Access. http://californiawatch.org/watchblog/recession-takes-toll-california-schools Teacher pay can vary greatly by district, California report says [Sacramento Bee] 1/31/10: The amount of money a California teacher makes these days depends greatly on the school district that cuts the paycheck, according to a state report released this month. And the gap between the high and low salaries is wide. For the full story, go to: http://www.sacbee.com/topstories/story/2502276.html Hazelwood limits teacher speech, too [David Hudson of the First Amendment Center] 1/30/10: When First Amendment advocates hear the name Hazelwood School District v. Kuhlmeier, they naturally think of student-press rights or, more accurately, a diminution of student-press rights. But a recent ruling shows it's more than that. For the full opinion piece, go to: http://www.firstamendmentcenter.org/commentary.aspx?id=22559 Nev. teachers union tries to block student newspaper article [First Amendment Center Online / Student Press Law Center] 1/29/10: A Nevada school newspaper has been allowed to run an article critical of a teacher, even though a teachers union sought to block its publication. The article by senior Lauren Mac Lean at Churchill County High School in Fallon is scheduled to run on January 29 in the school’s paper, The Flash. For the full story, go to: http://www.firstamendmentcenter.org/news.aspx?id=22558 http://www.splc.org/newsflash.asp?id=2018 To read the questioned article, go to: http://www.lahontanvalleynews.com/article/20100128/NEWS/100129868/1055&ParentProfile=1045 Teacher's Union Grievance Not Protected Speech, Court Rules [School Law Blog] 1/28/10: A New York City teacher's grievance to his union complaining that school administrators failed to discipline a student who threw books at him was not protected speech under the First Amendment, a federal appeals court has ruled. For the full blog, go to: http://blogs.edweek.org/edweek/school_law/2010/01/under_construction.html To read the case, Weintraub v. Board of Education of the City School District of the City of New York, go to: http://www.ca2.uscourts.gov/decisions/isysquery/3a33dac6-6e62-4c14-b0b4-6ed41926e5da/6/doc/07-2376-cv.pdf Group criticizes state teacher policies nationwide [Los Angeles Times] 1/28/10: The nonprofit National Council on Teacher Quality says in a report expected to be released today that states have "broken, outdated and inflexible" policies in place that protect ineffective teachers and ultimately harm student learning. The council says the report is "a blueprint for reform," but teachers union leaders say the report is flawed. "This was more of a 'gotcha' document rather than, 'here's what's working, let's celebrate it, let's share it,' " says Jeff Hubbard, president of the Georgia Association of Educators. For the full story, go to: http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-teacher-quality,0,1190558.story Experts doubt smooth or timely rewrite of No Child Left Behind [New York Times] 1/28/10: Experts say a revision of the Elementary and Secondary Education Act will be difficult to complete this year because of political differences among lawmakers and competing legislative priorities. The last revision of the law, in 2001, which resulted in its renaming as No Child Left Behind, took an entire year even with a strong bipartisan consensus that is no longer in place. "One can only wish them well, but reworking this monstrously complex statute is apt to prove almost as challenging as health care," one former education official wrote. For the full story, go to: http://www.nytimes.com/2010/01/29/education/29child.html Fensterwald: PPIC poll: Tax us to protect K-12 schools [EducatedGuess.org] 1/28/10: Two-thirds of adults surveyed in a Public Policy Institute of California poll say they support higher taxes to maintain funding for K-12 schools. And a full 82 percent, including a majority of Republicans polled, oppose cutting K-12 education to reduce the state budget deficit. Read the blog posting at: http://educatedguess.org/blog/2010/01/28/ppic-poll-tax-us-to-protect-k-12-schools/ L.A. Unified teacher barred from class 7 years ago is finally fired [Los Angeles Times] 1/28/10: The Los Angeles Unified School District has fired a teacher who had been paid his full salary since being barred from the classroom more than seven years ago for alleged misconduct. For the full story, go to: http://latimesblogs.latimes.com/lanow/2010/01/lausd-teacher-barred-since-2002-matthew-kim-finally-fired.html District Not Liable for 'Passing the Trash,' Court Rules [School Law Blog] 1/27/10: An Illinois school district that allegedly concealed a teacher's record of sexually abusing students was not liable when the teacher continued to abuse students in another community, a federal appeals court has ruled. Read the blog posting at: http://blogs.edweek.org/edweek/school_law/2010/01/district_not_liable_for_passin.html Read the decision in Doe-2 v. McClean County Unit District No. 5 by going to: http://www.ca7.uscourts.gov/tmp/UQ0HIRG7.pdf Censorship settlement thrills speech advocates [San Diego Union Tribune] 1/25/10: Free-speech advocates are seeing a recent settlement of a lawsuit that challenged Fallbrook High School’s censorship of its student newspaper as a triumph that could send ripples throughout the country. For the full story, go to: http://www.signonsandiego.com/news/2010/jan/25/censorship-settlement-thrills-speech-advocates/ Family sues LAUSD over sting tactics [Los Angeles Daily News] 1/25/10: The family of a 12-year-old who was used as bait in a marijuana sting operation devised by administrators at a Granada Hills middle school filed a lawsuit Thursday against the Los Angeles Unified School District and the three administrators. For the full story, go to: http://www.dailynews.com/education/ci_14243592 Expulsion for guns in truck overturned by education board [Sacramento Bee] 1/25/10: In the end, the case of a Willows teenager expelled for having hunting guns in his pickup truck parked next to campus didn't focus on gun rights. It became a question of whether the authority of school officials to enforce the state's Education Code extended to the school fence – or a sidewalk's width beyond it. For the full story, go to: http://www.sacbee.com/education/story/2483630.html California Watch: Schools reject immigrant, preschool reforms in Race to the Top [California Watch] 1/25/10: Hundreds of school districts and charter schools have pledged support for the federal government's Race to the Top education reforms. For the full story, go to: http://www.californiawatch.org/watchblog/schools-reject-immigrant-preschool-reforms-race-top Fensterwald: Parcel tax initiative needs signatures [EducatedGuess] 1/25/10: Twenty-two of state Sen. Joe Simitian’s colleagues in the Senate are co-sponsoring a proposed constitutional amendment that would allow lower the threshold for passing a local school parcel tax from two-thirds to 55 percent. For the full story, go to: http://educatedguess.org/blog/2010/01/25/parcel-tax-initiative-needs-signatures/ Berkeley High may cut lab classes to fund programs for struggling students [Los Angeles Times] 1/24/10: Trying to address a major ethnic and racial achievement gap, the school would divert funds from before- and after-school science labs filled mostly with white students. The plan has sparked debate. For the full story, go to: http://www.latimes.com/news/local/la-me-berkeley-schools24-2010jan24,0,4747506.story Expulsion of Willows High student with shotguns near campus overturned [Sacramento Bee] 1/23/10: A Willows High School student who was expelled for having firearms in his pickup that was parked near the school will be reinstated and have record of the disciplinary action expunged from his record. For the full story, go to: http://www.sacbee.com/topstories/story/2483630.html Update to Calif. student free expression law to reach Senate floor [Student Press Law Center] 1/22/10: An updated version of the student free expression bill is set to take the Senate floor Monday, according to a legislative staffer. The bill, SB 438, which if enacted will prevent attempted censorship by charter school administrators, passed the Senate’s judiciary committee in a unanimous 5-0 vote last Wednesday. The bill amends California Education Code Section 48907 -- the state's student free expression code -- to read "pupils of the public schools, including charter schools, shall have the right to exercise freedom of speech and of the press ..." For the full story, go to: http://www.splc.org/newsflash.asp?id=2015 Part-timer hours at issue as San Juan teachers sue [Sacramento Bee] 1/22/10: The San Juan Teachers Association has filed a lawsuit against San Juan Unified, accusing the district of violating the state Education Code by increasing the hours of part-time workers instead of hiring back employees who were laid off last year. For the full story, go to: http://www.sacbee.com/ourregion/story/2481097.html California teacher salary data available online [Eureka Times-Standard] 1/21/10: Teacher salary reports for the 2008-2009 school year, covering a majority of the state's school districts, were made available online this week for public view. For the full story, go to: http://www.times-standard.com/localnews/ci_14236956 To review the data, go to: http://www.ed-data.org/welcome.asp Discrimination case heads to trial [Bakersfield Californian] 1/20/10: trial date has been set in the case of a veteran teacher and local rabbi suing the Edison School District claiming discrimination on the basis of religion, age, gender and hostile work environment. For the full story, go to: http://www.bakersfield.com/news/local/x113240421/Education-roundup-Discrimination-case-heads-to-trial Takeover bids for six Valley schools are set to begin [Los Angeles Daily News] 1/20/10: Charter school operators, teacher collectives and non-profit groups will present their plans today to run Valley Region Elementary School No. 9 in Van Nuys, one of 36 public schools up for grabs under a Los Angeles Unified reform plan. For the full story, go to: http://www.dailynews.com/breakingnews/ci_14226429 Willows student's expulsion for gun possession draws national attention [Sacramento Bee] 1/18/10: Folks in the rural community of Willows remember the days, not long ago, when teenagers would go duck hunting on autumn mornings and then park their pickup trucks on the Willows High School campus with shotguns displayed in racks. For the full story, go to: http://www.sacbee.com/topstories/story/2469453.html Walters: A Wonderland formula funds California schools [Sacramento Bee] 1/17/10: When Lewis Carroll's Alice tumbled down the rabbit hole into Wonderland, she was ensconced in a bizarre world where nothing was what it seemed. For the full opinion piece, go to: http://www.sacbee.com/walters/story/2468140.html Garcettized! '06 ruling still zapping speech [David L. Hudson Jr. of the First Amendment Center] 1/15/10: It was one of the Supreme Court’s most controversial First Amendment decisions in years. It has led to the dismissal of legions of public-employee lawsuits. It has threatened legitimate whistleblowers wanting to speak out on important matters of public concern. Plaintiffs’ attorneys refer to it as a verb — saying their clients have been Garcettized. It's the case of Garcetti v. Ceballos (2006), in which the Supreme Court ruled that public employees have no First Amendment protection for speech made in the course of their official job duties. For the full article, go to: http://www.firstamendmentcenter.org/commentary.aspx?id=22501 Fensterwald: Now 46th in nation in per student funding [Educated Guess] 1/14/10: California is still knocking about the bottom in per student K-12 spending at 46th among the states and Washington, D.C., according to Education Week’s much anticipated annual survey. That’s the same ranking as last year. It might have been spared 51st because Ed Week used data from 2007, before fiscal disaster struck. For the full blog, go to: http://educatedguess.org/blog/2010/01/15/now-46th-in-nation-in-per-student-funding/