TeacherLaw News

Baron: Lawmakers Also Act On Other Education Legislation 

[TOPEd]

7/15/11: And they’re off! Bills flew through the senate and assembly chambers as lawmakers wrapped up as much business as possible before leaving for summer recess on Thursday afternoon. When they return on August 15th, the docket will still be full, but the fate of some key education bills is coming into sharper focus. Here’s where they stand.

http://toped.svefoundation.org/2011/07/15/california-dream-act-sent-to-governor/

New State Law Requires LGBT History In Textbooks 

[San Francisco Chronicle / New York Times]

7/15/11: Public schools in California will be required to teach students about the contributions of lesbian, gay, bisexual and transgender Americans starting Jan. 1 after Gov. Jerry Brown on Thursday signed a controversial bill to add the topic to the social sciences curriculum.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/07/14/MNL61KAHVQ.DTL&feed=rss.pageone

http://www.nytimes.com/2011/07/15/us/15gay.html

District finds possible embezzlement by coaches

[Orange County Register]

7/14/11: Capistrano Unified acknowledged Wednesday that some of its high school athletic coaches may have embezzled hundreds of thousands of dollars of district and parent money in an elaborate kickback scheme involving a local athletic supply company, giving credence to an Irvine couple's long-standing allegations that the kickbacks were pervasive in school districts across Orange County.

http://www.ocregister.com/news/coaches-308203-district-capistrano.html

Education Issues Take Spotlight in High Court

[Education Week]

7/13/11: The U.S. Supreme Court term that ended in June produced rulings significant for the rights of children, school employees, and those who would challenge government aid to religious schools. The decisions were among roughly 10 during the 2010-11 term that involved issues of interest to school administrators, parents, or education advocates.

http://www.edweek.org/ew/articles/2011/07/13/36scotus.h30.html

Fifth Circuit finds name calling and teasing did not constitute peer sexual harassment under Title IX

7/13/11: A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit (LA, TX, MS) has affirmed a Texas federal district court’s grant of summary judgment in favor of a school district on a student’s claims of Title IX peer sexual harassment and retaliation, and violation of her equal protection rights based on peer sexual harassment.  “Reduced to its essentials, this is nothing more than a dispute, fueled by a disgruntled cheerleader mom, over whether her daughter should have made the squad." The case is Sanches v. Carrollton-Farmers Branch Independent School District from the 5^th Circuit:

http://www.ca5.uscourts.gov/opinions/pub/10/10-10325-CV0.wpd.pdf

Read the NSBA’s Legal Clips summary of the case:

http://legalclips.nsba.org/?p=7659

Ninth Circuit: Teacher Not Liable in Sex Between Special Education Students

[School Law Blog]

7/13/11: A Washington state teacher did not violate the due-process rights of a student with developmental disabilities who had sexual encounters in a bathroom with another special education student, a federal appeals court has ruled.

http://blogs.edweek.org/edweek/school_law/2011/07/teacher_not_liable_in_sex_betw.html

The case is Patel v. Kent School District and can be found at:

http://www.ca9.uscourts.gov/datastore/opinions/2011/07/11/1035430.pdf

California law updated to include cyberbullying by students through social networking sites

[San Jose Mercury News / California Watc]

7/12/11: An existing California law that gives school officials the right to suspend or expel a student for bullying another student over the Internet or by other electronic means has been updated to include bullying others through social networking websites.

http://www.mercurynews.com/politics-government/ci_18458052

http://californiawatch.org/dailyreport/anti-bullying-law-expanded-social-networking-sites-11464

The law, AB 746, can be found at:

http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0701-0750/ab_746_bill_20110708_chaptered.pdf

The NSBA Legal Clip for this story is at:

http://legalclips.nsba.org/?p=7606

Investigation: Tehachapi district's response to bullying inadequate

[California Watch]

7/13/11: The mother of a deceased 13-year-old middle school student has filed a wrongful-death lawsuit against the Tehachapi Unified School District after federal authorities concluded school officials didn't adequately respond to the gay teen's complaints of attacks and harassment.

http://californiawatch.org/dailyreport/gay-students-suicide-triggers-wrongful-death-lawsuit-11462

http://www.bakersfield.com/news/local/x1928173969/Investigation-Tehachapi-districts-response-to-bullying-inadequate

Bill leaves educators feeling violated

[Chico Enterprise-Record]

7/12/11: A hastily delivered and approved education bill and the new state budget contain details that not only continued local school districts' financial uncertainty, but also infringe on local authority, according to some officials.

http://www.chicoer.com/campus/ci_18467371

Union: Student achievement should be part of teacher evaluations
[New York Times]

7/4/11: The National Education Association has endorsed the use of student-achievement data in evaluating teachers, but its members believe current standardized tests are ineffective and should not be factors in assessing teachers. Under the policy adopted at the union's assembly Monday, evaluations would be based on teacher practice, teacher collaboration and student learning. "N.E.A. is and always will be opposed to high-stakes, test-driven evaluations," said Becky Pringle, secretary-treasurer of the union.

http://www.nytimes.com/2011/07/05/us/05teachers.html

9^th Circuit overturns court decision in favor of school district regarding employee speech

Nichols v. Dancer (9^th Circuit)

6/24/11:  This case tests the bounds of a public employer’s right to discharge or demote an employee for taking action on a matter of public concern. “An employer may not interfere with an employee’s First Amendment rights unless there is evidence that the employee’s actions have actually disrupted the workplace or are reasonably likely to do so in the future. Simply saying that there has been or will be disruption, without supporting evidence, is not enough.” In this case, the Washoe County (Nevada) School District “produced no evidence that Nichols’s (who was an assistant to the District’s general counsel) association with her boss actually disrupted the office or her performance, or reasonably threatened to cause future disruption, the District has failed to show that its interests in workplace efficiency outweigh Nichols’s First Amendment interests. The case is Nichols v. Dancer and is from the 9^th Circuit Court of Appeals:

http://www.ca9.uscourts.gov/datastore/opinions/2011/06/24/10-15359.pdf

Battle Erupts Over the Future of Special Education

[Bay Citizen]

6/19/11: A plan to close a small school for children with severe behavioral problems is mushrooming into a larger battle over how the San Francisco Unified School District treats special-education students.

http://www.baycitizen.org/education/story/battle-erupts-over-future-special/

The Prop 98 disappearing act

[Thoughts on Public Education]

6/17/11: When Gov. Brown vetoed the budget yesterday, he also halted one of the “legally questionable maneuvers” referred to in his veto message, in which legislators attempted to ignore the constitutional funding requirements of Proposition 98.

http://toped.svefoundation.org/2011/06/17/the-prop-98-disappearing-act/

Supreme Court Backs Youths' Miranda Rights

[School Law Blog]

6/16/11: The U.S. Supreme Court ruled 5-4 on Thursday that a child's age can be a relevant factor when determining whether a juvenile suspect merits a Miranda warning about his rights against self-incrimination. The court ruled in the case of a North Carolina student who was 13 years old in 2005 when police questioned him at school about a series of neighborhood thefts. They used his statements against him in court, where he was found delinquent. The case does not implicate routine school disciplinary matters between students and administrators.

http://blogs.edweek.org/edweek/school_law/2011/06/supreme_court_backs_youths_mir.html

The decision in J.D.B. v. North Carolina can be found at:

http://www.supremecourt.gov/opinions/10pdf/09-11121.pdf

The NSBA site on this case can be found at:

http://legalclips.nsba.org/?p=7057

Why 3rd Circuit ruled in favor of students’ off-campus Net posts

[David L. Hudson of the First Amendment Center]

6/15/11: The much-anticipated rulings from the full 3rd U.S. Circuit Court of Appeals have interpreted a key U.S. Supreme Court precedent as inapplicable to lewd, vulgar student Internet speech made off campus.

http://www.firstamendmentcenter.org/why-3rd-circuit-ruled-in-favor-of-students-off-campus-net-posts

Supreme Court Unlikely to Tackle Pledge Anytime Soon

[School Law Blog]

6/15/11: This interesting post to the School Law Blog website reviews recent court action and concludes that “recitations are likely to continue throughout much of the country for the foreseeable future.”

http://blogs.edweek.org/edweek/school_law/2011/06/supreme_court_unlikely_to_tack.html

Justices Decline to Hear Pledge of Allegiance Challenge

[School Law Blog]

6/13/11: The U.S. Supreme Court on Monday declined to take up another challenge to school-led recitations of the Pledge of Allegiance. The justices declined without comment to consider a federal appeals court decision that upheld a New Hampshire law requiring schools to set aside time daily for students to voluntarily recite the Pledge.

http://blogs.edweek.org/edweek/school_law/2011/06/justices_decline_to_hear_pledg.html

Appeals Court Backs Students in Internet Parodies of Principals

[School Law Blog]

6/13/11:  In a major pair of decisions on the free speech rights of students in the Internet era, a federal appeals court ruled on Monday that students who ridiculed their principals online could not be punished by school authorities because the speech was created off campus and did not substantially disrupt schools.

http://blogs.edweek.org/edweek/school_law/2011/06/court_backs_students_in_intern.html

Why 3rd Circuit ruled in favor of students’ off-campus Net posts

[David L. Hudson of the First Amendment Center]

6/15/11: The much-anticipated rulings from the full 3rd U.S. Circuit Court of Appeals have interpreted a key U.S. Supreme Court precedent as inapplicable to lewd, vulgar student Internet speech made off campus.

http://www.firstamendmentcenter.org/why-3rd-circuit-ruled-in-favor-of-students-off-campus-net-posts

[Educated Guess]

6/7/11: The report commissioned by the United Way of Greater Los Angeles and civil rights groups is recommending sweeping changes in the way Los Angeles Unified recruits, hires, evaluates, and pays teachers, as well as substantial changes in state laws in areas such as tenure and seniority rights that obstruct teacher effectiveness.

http://toped.svefoundation.org/2011/06/07/big-changes-for-better-teachers/

California school funding analysis finds disparity

[San Francisco Chronicle]

6/5/11: State lawmakers have struggled for decades to bring equality to how school districts are funded, yet some districts receive thousands more per student than others, a California Watch analysis has found. And the data show spending more provides no assurance of academic success.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/06/05/BARV1JNQO1.DTL

Read the California Watch study:

http://californiawatch.org/k-12/spending-far-equal-among-state-s-school-districts-analysis-finds-10567

Analyze the data:

http://projects.californiawatch.org/school-district-spending/

Study shows some East Bay districts get bigger bang for their bucks than others

[Contra Costa Times]

6/5/11: In the East Bay, school spending and academic achievement vary widely, with some districts appearing to get more bang for their bucks than others. The reasons for the disparities are complex, district officials say. Yet most agree that spending more doesn't necessarily guarantee higher Academic Performance Index, or API, scores, while spending less doesn't always mean students will fare poorly.

http://www.contracostatimes.com/top-stories/ci_18208152

Door opens for major reform of school finance

[California Watch]

6/3/11: In a notable display of bipartisan support, the state Assembly approved potentially landmark school financing legislation by a 74-2 vote this week. The vote reflected an overwhelming consensus on the need to reform the way schools are funded.

http://californiawatch.org/dailyreport/door-opens-major-reform-school-finance-10575

Assembly: Yes, fix school funding

[Educated Guess]

6/3/11: A bill that would become the foundation for restructuring the state’s K-12 funding system passed the Assembly this week with near unanimity (a vote of 74-2) – a sign that legislators agree with the concept and are willing to let important details be worked out in coming months.

http://toped.svefoundation.org/2011/06/03/assembly-yes-fix-school-funding/

Court Upholds Rule Against Use of Schools for Sunday Worship

[School Law Blog]

6/2/11: A New York City school system rule barring the use of public schools for weekend religious worship services does not violate the First Amendment rights of a Christian church, a federal appeals court ruled on Thursday.

http://blogs.edweek.org/edweek/school_law/2011/06/a_new_york_city_school.html

The decision in The Bronx Household of Faith v. Board of Education of the City of New York can be found at:

http://www.ca2.uscourts.gov/decisions/isysquery/c8bf96ac-4c37-4115-ad40-48269c39f837/2/doc/07-5291_complete_opn.pdf

Capistrano Unified Moves Ahead with Fees Policy

[San Clemente Times]

6/1/11: The parents of student athletes will be asked to make a $40 donation and a $35 donation for bus fees under proposed new Capistrano Unified School District policies drawn up under an ACLU lawsuit that challenged the legality of fees charged by schools throughout the state.

http://www.sanclementetimes.com/view/full_story/13515106/article-Capistrano-Unified-Moves-Ahead-with-Fees-Policy

Fensterwald: Experiments in evaluating teachers

[Educated Guess]

6/1/11: Teachers of Lucia Mar Unified, near Pismo Beach, are a crack in the wall of resistance to overhauling how teachers are evaluated and rewarded for their performance.

http://toped.svefoundation.org/2011/06/01/experiments-in-evaluating-teachers/

Teacher and District Sued

[Courthouse News]

6/1/11: Parents say their 12-year-old daughter was sexually assaulted by her 7th-grade math teacher, Steven Sande, 61, who awaits sentencing, and that Pajaro Valley Unified School District ignored previous complaints about his predations.

http://courthousenews.com/

The legal complaint is at:

http://www.courthousenews.com/2011/06/01/BadTeach.pdf

Baron: The suspense is over: Local taxing authority bill heads to senate floor

[Thoughts on Public Education]

5/27/11:

The wild budget rumpus is about to begin in earnest. Senate President pro Tem Darrell Steinberg’s bill to give counties and school districts broader power to push for new taxes is headed to the Senate floor for a vote. SB 653 was among dozens of bills taken off the suspense file and passed Thursday by the Senate Appropriations Committee.

http://toped.svefoundation.org/2011/05/27/the-suspense-is-over/

U.S. Supreme Court Dismisses School Questioning Case

[School Law Blog]

5/26/11: The U.S. Supreme Court on Thursday sidestepped an important test of whether in-school interviews of students by the police and other authorities require a warrant, ruling that the case—involving the questioning of an Oregon girl by authorities who believed she was a victim of sexual abuse at home—was moot. However, without deciding the merits of the issue, the court set aside part of a federal appeals court ruling that the Fourth Amendment required investigators to have a warrant or parental consent before interviewing students in school.

http://blogs.edweek.org/edweek/school_law/2011/05/supreme_court_dismisses_school.html

The decision in Camreta v. Greene can be found at:

http://www.supremecourt.gov/opinions/10pdf/09-1454.pdf

Scholar: Courts Ill-Equipped for School Reform

[School Law Blog]

5/25/11: Efforts to use the courts to reform public education have largely been a failure, says a political scientist who has closely studied school litigation.

http://blogs.edweek.org/edweek/school_law/2011/05/scholar_courts_ill-equipped_fo.html

You can read the draft report at:

http://www.aei.org/docLib/Dunn-Final%20Conference%20Draft.pdf

Arizona judge narrows scope of FERPA “education records” in Tucson shooter Loughner’s case

[Student Press Law Center]

5/20/11: If we are not already at the point where it is an act of legal malpractice for an attorney to advise a college to defy a public-records request for anything other than academic-related records, then we are awfully close. The weight of legal authority that FERPA does not say what most school and college attorneys believe it says (or would like it to say) has become overwhelming. In just the past six months, court after court has rejected the view advanced by some in the Department of Education that any cocktail napkin scrawled with the name of a student qualifies as a FERPA education record.

http://www.splc.org/wordpress/?p=2159

Court Backs Censorship of High School Paper's Sex Cartoon

[School Law Blog]

5/18/11: A New York State school district was on solid legal ground when it barred a high school student newspaper from publishing a sexually explicit cartoon, a federal appeals court (the 2^nd Circuit) has ruled.

http://blogs.edweek.org/edweek/school_law/2011/05/school_may_bar_sex_cartoon_fro.html

The opinion in R.O. v. Ithaca City School District can be found at:

http://www.ca2.uscourts.gov/decisions/isysquery/c07b54b0-c485-4cc1-8269-61a22ddd9b15/1/doc/09-1651-cv_opn.pdf

On page 18 of the exhibits, courtesy of the “How Appealing” blog (http://howappealing.law.com/), you can find the cartoon in question:

http://web.rmozone.com/tattlerwiki/images/5/55/WilsonAffidavitExhibits.pdf

“If you can’t beat the school board, join it.” Teenage editor is about to be his principal’s boss

[Student Press Law Center]

5/18/11: Memo to America’s high school principals: Be very, very careful whose First Amendment rights you step on. One day, you may wake up and find that student editor is your boss. And that day may come sooner than you think. Aaron Brant, editor-in-chief of The Oracle at Pennsylvania’s Rochester Area High School, emerged victorious in Tuesday’s primary for one of five seats on the board of the Rochester Area School District. Winning the primary equates to winning a term on the board, since only five candidates will be on the November ballot.

http://www.splc.org/wordpress/?p=2141

Revised California budget softens blow for schools

[Sacramento Bee]

5/18/11: Largely because of rosier revenue projections for the coming year, budget experts at the Capitol say schools gained a cushion against cuts – even if Brown fails in his effort to extend 2009 increases to income taxes.

http://www.sacbee.com/2011/05/18/3634655/revised-california-budget-softens.html

Teacher: ‘My employer has become my enemy’

[Washington Post]

5/18/11: A library media educator in Los Angeles who blogs under the name Mizz Murphy wrote a powerful, first-person account of hearings being held by the Los Angeles Unified School District for teachers and others who who have received a Reduction in Force notice and are trying to keep their jobs.

http://www.washingtonpost.com/blogs/answer-sheet/post/teacher-my-employer-has-become-my-enemy/2011/05/17/AFF9TB6G_blog.html

Fensterwald: Big (invisible) boost in K-12 spending

[Educated Guess]

5/17/11: Gov. Jerry Brown gave K-12 school districts significantly more money, tempered by conflicting messages and sober warnings in the May Revision budget he presented on Monday.

http://toped.svefoundation.org/2011/05/17/big-invisible-boost-in-k-12-spending/

Federal plan would expand school year – as California's shrinks

[California Watch]

5/17/11: Even as school districts around California are shrinking their school year, a bipartisan group of lawmakers in Washington is trying to push states to move in the opposite direction.

http://californiawatch.org/dailyreport/federal-plan-would-expand-school-year-californias-shrinks-10308

Baron: It’s not business, it’s personal

[Thoughts on Public Education]

5/16/11: It’s a measure of how worried and angry people are that nearly a hundred parents, students, educators, and policy makers gave up their Saturday to learn just how badly schools will be hit under Gov. Brown’s all-cuts budget, due out today, and to discuss some of the not-so popular solutions.

http://toped.svefoundation.org/2011/05/16/its-not-business-its-personal/

Oakland Unified becomes a cautionary tale for state takeovers in California

[Oakland Tribune]

5/13/11: Eight years after the Oakland school district's financial meltdown and state takeover, the local school board can't seem to shake past mistakes -- including some made by the state agency tasked with restoring its fiscal health.

http://www.insidebayarea.com/oaklandtribune/localnews/ci_18036429

The story from the Richmond (now West Contra Costa County) school district is at: http://www.insidebayarea.com/oaklandtribune/localnews/ci_18042762

Teacher layoffs out of sync with budget impasse

[California Watch]

5/13/11: Thousands of California teachers will receive final layoff notices by a state-imposed deadline of May 15, even though school districts are still in the dark about their financial status in the coming school year.

http://californiawatch.org/dailyreport/teacher-layoffs-out-sync-budget-impasse-10207

Opinion: Tobar: The disgraceful interrogation of L.A. school librarians

[Los Angeles Times]

5/13/11: If state education cuts are drastic, the librarians' only chance of keeping a paycheck is to prove they're qualified to be switched to classroom teaching. So LAUSD attorneys grill them. I've seen a lot of strange things in two decades as a reporter, but nothing quite as disgraceful and weird as this inquisition the LAUSD is inflicting upon more than 80 school librarians.

http://www.latimes.com/news/local/la-me-0513-tobar-20110513,0,3002882.column

Family Claims H.S. Principal Went Ballistic

[Courthouse News]

5/10/11: A Clovis West High School student says high school officials had police arrest and interrogate him, then suspended him for 15 days for logging onto a Facebook page that parodied the school's principal. He says he didn't create the parody, and never logged onto the Facebook page with school computers, or during school hours or on school property. 

http://www.courthousenews.com/2011/05/10/36439.htm

Performance-based teacher layoff bill dies in committee

[Los Angeles Times]

5/12/11: California legislation calling for creation of teacher ratings for use in layoff decisions instead of seniority fails to win enough votes to move forward.

http://www.latimes.com/news/local/politics/la-me-0512-tenure-20110512,0,7257142.story

Shorter school year?

[Inland County Bulletin]

5/10/11: California's ongoing budget crisis could result in 20 days being cut from public schools' academic year. No legislative proposal exists, but Gov. Jerry Brown and school officials recently warned that shutting down school one month early - 20 instructional days - is a real possibility next year without an extension of higher taxes.

http://www.dailybulletin.com/news/ci_18029569

U.S. schools chief backs off on publication of teacher ratings

[California Watch]

5/10/11: U.S. Secretary of Education Arne Duncan has tempered his initial enthusiasm for publishing teacher effectiveness ratings based on test scores.

http://californiawatch.org/dailyreport/us-schools-chief-backs-publication-teacher-ratings-10199

Times updates and expands value-added ratings for Long Angeles elementary school teachers

[Los Angeles Times / Los Angeles Daily News]

5/8/11: New data include ratings for about 11,500 teachers, nearly double the number covered last August. School and civic leaders had sought to halt release of the data.

http://www.latimes.com/news/local/education/la-me-value-added-20110508,0,6083374.story

http://www.dailynews.com/ci_18027836

High bar for firing kept Sacramento teacher on paid leave for 14 months

[Sacramento Bee]

5/8/11: Each letter arrived differently over the course of four years: by mail, by hand and a third by email.

http://www.sacbee.com/2011/05/08/3610394/high-bar-for-firing-kept-sacramento.html

Teachers Union Objects To L.A. School District's New Evaluation Plan 

[Los Angeles Times]

5/7/11: The union representing Los Angeles teachers is pursuing a legal challenge to a key early step in creating a new teacher evaluation system that includes the use of student scores on standardized tests, union officials said Friday.

http://latimesblogs.latimes.com/lanow/2011/05/teachers-union-objects-to-la-school-districts-new-evaluation-plan-.html

Pension Study: Teachers' Benefits Are Modest 

[Ventura Star]

5/7/11: An economic research firm hired to produce data that could justify an expected initiative campaign to scale back public-employee pensions uncovered what its authors called a surprising finding in its report issued this week: Teachers receive relatively modest pensions and contribute a sizable chunk of their earnings to fund their retirement benefits. 

http://www.vcstar.com/news/2011/may/06/pension-study-teachers-benefits-are-modest/

Court Upholds Teacher Firing Over Computer Porn

[School Law Blog]

5/5/11: A federal appeals court has upheld the dismissal of a Wisconsin high school teacher for accessing pornographic images on his school computer, rejecting his claims that his school district retaliated against him for teachers' union activism.

http://blogs.edweek.org/edweek/school_law/2011/05/court_upholds_teacher_firing_o.html

The case, from the 7^th Circuit, is Zellner v. Herrick and can be found at:

http://www.ca7.uscourts.gov/tmp/7O1FFXGQ.pdf

You can read a blurb about the case from Wired.com's "Threat Level" blog (5/5/11):

http://www.wired.com/threatlevel/2011/05/view-porn-be-fired/

School free speech fight

[Stockton Record]

5/5/11: A Bear Creek High teacher is fighting for her students' freedom of speech after the school's principal requested to preview the monthly Bruin Voice newspaper prior to publication.

http://www.recordnet.com/apps/pbcs.dll/article?AID=/20110505/A_NEWS/105050331/-1/A_NEWS

California weighs shorter school year as budgets wane

[Sacramento Bee]

5/4/11: Children in frigid areas have "snow day" school closures. Could students across sunny California face "budget days" in bad fiscal times?

http://www.sacbee.com/2011/05/04/3599927/california-weighs-shorter-school.html

Fensterwald: Most of 13 parcel taxes passed

[Thoughts on Public Education]

5/4/11: If the threshold for passing a parcel tax were 55 percent, as Sen. Joe Simitian and fellow Democrats in the Legislature favor, a baker’s dozen parcel taxes would have passed on Tuesday. Instead, four fell short of the two-thirds majority needed for passage, including two that came within 1 percent of winning.

http://toped.svefoundation.org/2011/05/04/most-of-13-parcel-taxes-passed/

Court of Appeal overturns Commission on Professional Competence: Soliciting Sex on CraigsList evidences unfitness to teach

San Diego Unif. School Dist. v. Com. on Prof. Competence (4^th District)

5/3/11: Frank Lampedusa was terminated by San Diego Unified School District which alleged that he showed evident unfitness for service and immoral conduct. Specifically, the charges were based upon Lampedusa's posting on Craigslist of an ad soliciting sex that contained graphic photos of his genitalia and anus, as well as obscene written text, that was discovered by a parent and reported to the District. The Commission on Professional Competence reinstated Lamedusa, determining that cause for the dismissal did not exist and reinstating Lampedusa's employment. The Court of Appeal overturned the Commission finding there is no substantial evidence to support the Commission's decision as the evidence shows both evident unfitness to serve as a teacher and that Lampedusa engaged in immoral conduct, either of which constituted grounds for termination. The decision can be found at:

http://www.courtinfo.ca.gov/opinions/documents/D057740.PDF

The School Law Blog posted on this case [5/5/11] at:
http://blogs.edweek.org/edweek/school_law/2011/05/court_upholds_teacher_firing_o.html

Student, Elementary School clash over patriotic face paint related to Osama bin Laden's death

[Pennsylvania Patriot-News]

5/3/11: When the Middle Paxton Elementary School fifth-grader’s mother painted his face with an American flag, “USA” and the date of bin Laden’s demise Monday morning, neither dreamed it would cause him to run afoul of his school’s administration. 

http://www.pennlive.com/midstate/index.ssf/2011/05/student_middle_paxton_elementa.html

Educating students in remote areas can be costly

[California Watch]

5/3/11: In some very small schools in remote parts of California, the state is paying about $200,000 per student to educate them.

http://californiawatch.org/dailyreport/educating-students-remote-areas-can-be-costly-10111

School Districts Call in Cavalry of Consultants to Push Parcel Taxes

[Bay Citizen]

4/29/11: Bay Area school districts, facing increasingly severe budget problems, are turning en masse to one of the few revenue-raising tools at their disposal: the parcel tax.

 http://www.baycitizen.org/school-funding/story/school-districts-call-cavalry-push-taxes/

Walnut Creek man says school ignored son's bullying

[Contra Costa Times]

4/26/11: A Walnut Creek man says bullies on a school football field injured his son -- and that the school has done little about it. Walter Yuhre's formal complaint against the Acalanes Union High School District says administrators did nothing to prevent or stop the bullying and became indifferent after it occurred.

http://www.contracostatimes.com/education/ci_17924821

Teach For America seeks critical mass

[Thoughts On Public Education]

4/26/11: There was a point last week during Wendy Kopp’s appearance at the Commonwealth Club of California in Silicon Valley that smacked of the sort of smugness that, I suspect, makes some veteran teachers cringe when Teach For America (TFA) is mentioned.

http://toped.svefoundation.org/2011/04/26/teach-for-america-moving-toward-critical-mass/

Districts Consider Even Shorter School Year 
[California Watch]

4/26/11: The likelihood is growing that many school districts will have to cut the number of days students spend in class in response to the state's deepening budget crisis, according to state education leaders and experts.

http://californiawatch.org/dailyreport/districts-consider-even-shorter-school-year-10023

Court Backs Discipline of Student Over Internet Speech

[School Law Blog]

4/25/11: In a case raising novel issues about student speech rights in the Internet era, a federal appeals court has upheld the discipline of a Connecticut student who had harshly criticized school officials in her Web journal.

http://blogs.edweek.org/edweek/school_law/2011/04/court_backs_discipline_of_stud.html

The case is Doningerv. Niehoff.

http://www.ca2.uscourts.gov/decisions/isysquery/d8d50658-9b53-4df3-9491-ee7d59a34b60/2/doc/09-1452_opn.pdf

Student lawsuit: Berkeley schools ignored sexual harassment

[California Watch]

4/22/11: A Berkeley High School student says she endured months of sexual harassment from her guidance counselor and the school wouldn’t do anything about it.

http://californiawatch.org/dailyreport/student-lawsuit-berkeley-schools-ignored-sexual-harassment-9969

Agency fails to crack down on teacher misconduct, California audit says

[Sacramento Bee]

4/22/11: California lawmakers are demanding change after a state audit of the commission charged with cracking down on teacher misconduct found numerous flaws that could pose risks to children.

http://www.sacbee.com/2011/04/22/3571286/agency-fails-to-crack-down-on.html

Over the Line Even in Berkeley, Family Says

[Courthouse News Service]

4/20/11: A high school student says a school counselor sexually pawed and harassed her, spanking her, hugging her, asking to meet outside of school, asking "Oh, you don't sleep naked?" - harassing her so persistently that her parents had to seek a restraining order against him - but the Berkeley Unified School District told her "that the conduct was not in fact sexual harassment, as it was neither 'severe' nor 'pervasive.'"

http://www.courthousenews.com/2011/04/20/35934.htm

The NSBA “Legal Clips” article regarding the case is at:

http://legalclips.nsba.org/?p=6033

Young: Lawmakers push schools to show what an all-cuts budget looks like

[Capitol Weekly]

4/20/11: Without new revenues, public schools can expect to shoulder at least 40 percent of the cuts needed to close the state’s $12 billion deficit, lawmakers have warned school superintendents

http://www.capitolweekly.net/article.php?xid=zn7a6xf7bmhskk

Justices Seek U.S. Views on Special Education Case

[School Law Blog]

4/18/11: The U.S. Supreme Court on Monday asked the Obama administration for its views on whether a parent may bring a negligence claim against a school district that allegedly failed to identify a high school student's disabilities. The appeal is Compton Unified School District v. Addison.

http://blogs.edweek.org/edweek/school_law/2011/04/justices_seek_us_views_on_spec.html

The 2-1 decision from the Court of Appeals can be found at:

http://www.ca9.uscourts.gov/datastore/opinions/2010/03/22/07-55751.pdf

Budget Deal Fuels Revival of School Vouchers

[New York Times]

4/15/11: In the 11^th-hour compromise to avoid a government shutdown last week, one concession that President Obama made to Republicans drew scant attention: he agreed to finance vouchers for Washington students to attend private schools. Are vouchers coming back?

http://www.nytimes.com/2011/04/15/us/politics/15voucher.html

Fensterwald: NCLB’s escape hatch for schools

[Educated Guess]

4/14/11: An escape hatch – the “Safe Harbor” provision under the federal law – could spare a majority of schools from the law’s penalties and the failure label.

http://toped.svefoundation.org/2011/04/14/nclbs-escape-hatch-for-schools/

Parents of teen who died by suicide after sexting incident and bullying sue School Board

[St. Petersburg Times]

4/13/11: The parents of a girl who died by suicide in 2009 have filed a federal lawsuit against the Hillsborough School Board, claiming school officials failed to take proper steps after learning their daughter showed signs of being suicidal.

http://www.tampabay.com/news/courts/civil/parents-of-teen-who-died-by-suicide-after-sexting-incident-and-bullying/1163381

Colorado committee to unveil complex definition of "effective educator"

[Denver Post]

4/13/11: After 13 months of meetings, a council tasked with narrowing the definition of an effective educator to one for the entire state is presenting the definition to the State Board of Education today. It is not a simple definition, though. It consists of six quality standards, including showing knowledge of the content they teach, demonstrating leadership and taking responsibility for student growth.

http://www.denverpost.com/news/ci_17831733#ixzz1JQVwsvXr

U.S. judge sides with middle schoolers suspended for wearing 'I (heart) Boobies' bracelets

[Philadelphia Inquirer]

4/13/11: A federal judge in Philadelphia ruled Tuesday that, when it comes to breast-cancer awareness, it's OK for middle school students to say they love "boobies." The free-speech decision was a victory for two girls who got in trouble for defying a ban at Easton Area Middle School on wearing bracelets that said "I (heart) Boobies! (Keep A Breast)."

http://www.philly.com/philly/news/local/20110413_U_S__judge_sides_with_middle_schoolers_suspended_for_wearing__I__heart__Boobies__bracelets.html

The ruling in H. v. Easton School District, from the federal Eastern District in Pennsylvania, can be found at:

http://howappealing.law.com/HvsEastonAreaSchoolDistEDPa041211.pdf

Hopkins: Teach For America at 20: Add a year of training to the model

[Thoughts on Public Education]

4/13/11: This year marks Teach For America’s 20th anniversary. The nonprofit serves as one of the most prominent educational innovations in the last two decades, recruiting graduates from top universities and placing them for two years in classrooms across urban and rural communities in the United States.

http://toped.svefoundation.org/2011/04/13/teach-for-america-at-20-add-a-year-of-training-to-the-model/

Probes into teacher misconduct delayed; calm urged

[Orange County Register]

4/12/11: Orange County's schools superintendent is urging parents not to become alarmed by a new audit that suggests teachers accused of lewd and sexual acts against minors aren't being investigated in a timely manner by the state agency responsible for revoking education credentials.

http://www.ocregister.com/news/-295935--.html

U.S. Proposes New Education Privacy Rules

[School Law Blog]

4/8/11: The U.S. Department of Education has proposed new regulations on the privacy of educational records, meant to safeguard student data but also to guarantee that states may share data to help judge the effectiveness of school improvement efforts. The proposed regulations under the Family Educational Rights and Privacy Act of 1974 were published April 8 in the Federal Register.

http://blogs.edweek.org/edweek/school_law/2011/04/us_proposes_new_education_priv.html

Read the PDF file of the proposed FERPA regs:

http://edocket.access.gpo.gov/2011/2011-8205.htm

Read Sarah Spark’s discussion of the proposed rules [Inside School Research, 4/7/11]:

http://blogs.edweek.org/edweek/inside-school-research/2011/04/education_department_proposes.html

Audit finds years-long backlog of investigations into accused teachers
[Los Angeles Times]
4/8/11: The California Commission on Teacher Credentialing took years to begin investigations into a teacher accused of showing pornography to children and another one who allegedly kissed a student, according to a new audit.

http://www.latimes.com/news/local/education/la-me-credentials-20110408,0,1061310.story

Teacher who evades March 15 notice loses appeal

4/7/11: Michael Sullivan, a second year probationary teacher at Hawthorne High School knew he was about to receive a March 15 non-reelection notice and avoided receiving the written notice by March as required. He was absent from school andwas not at home to receive the certified letter. The Second District Court of Appeal ruled against Sullivan and upheld his non-reelection, even though the school district was one day late in personal delivery of the notice. Read the decision in Sullivan v. Centinela Valley H.S. Dist. (4/7/11) by going to:

http://www.courtinfo.ca.gov/opinions/documents/B219524.PDF

Incentives or grade-selling? Line blurred in Sacramento-area cases, critics say

[Sacramento Bee]

4/7/11: Schools eager to show their smarts or raise money often give students incentives to do well on tests or participate in fundraisers. Many students can earn T-shirts or toys by raising money.

http://www.sacbee.com/2011/04/07/3534295/sacramento-area-educators-stretch.html

McRae: New tests for students with disabilities have wider implications

[Thoughts on Public Education]

4/6/11: For the past dozen years, California has been acknowledged as having some of the highest K-12 academic standards in the nation. However, recent changes in our assessment and accountability systems suggest that these standards have been eroded for at least one subgroup of kids in California schools.

http://toped.svefoundation.org/2011/04/06/new-tests-for-students-with-disabilities-have-wider-implications/

OCR "Dear Colleague" Letter Addresses Sexual Harassment in Schools

[Title IX blogspot]

4/6/11: The Department of Education's Office for Civil Rights today released a new guidance document geared to help schools, colleges, and universities understand and implement their responsibilities under Title IX to prevent and correct sexual harassment. The “Dear Colleague” letter put particular focus to sexual violence like rape and sexual assault, which are forms of sexual harassment and thus actionable under Title IX. With regards to all manners of sexual harassment, an institution's responsibility under Title IX is to take immediate action to address harassment that it knows or should know about.

http://title-ix.blogspot.com/2011/04/ocr-dear-colleague-letter-addresses.html

Read the “Dear Colleague” letter from the OCR:

http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.html

Singled-out L.A. Unified teacher shares skills with colleagues

[Los Angeles Times]

4/3/11: Miguel Aguilar was cited as among L.A. Unified's most effective in an L.A. Times article on the 'value-added' evaluation method. Since then, many at his Pacoima school have adopted his methods. But budget cuts threaten his job.

http://www.latimes.com/news/local/la-me-broadous-teachers-20110403,0,4961288.story

California lawmakers fight over bill to teach students about gay people's contributions

[Los Angeles Times]

4/2/11: A measure proposed by state Sen. Mark D. Leno of San Francisco would require new social science textbooks to include 'a study of the role and contributions of lesbian, gay, bisexual and transgender Americans.'

http://www.latimes.com/news/local/la-me-gay-rights-textbooks-20110402,0,1951209.story

No Breakdown on Teacher Layoffs

[Thoughts on Public Education]

3/31/11: Parents in Oakland who want to know how many teachers received layoff warnings this month, by school, can find this information in rich detail. Most districts don’t publicize this information, for fear that parents will find out that a system of layoffs based on seniority creates vast disparities, with schools staffed largely by new teachers, which are often in low-income neighborhoods, getting slammed.

http://toped.svefoundation.org/2011/03/31/no-breakdown-on-teacher-layoffs/

Court upholds ruling on improperly fired CPS teachers

[Chicago Tribune]

3/30/11: A federal judge's ruling that Chicago Public Schools improperly fired nearly 750 tenured teachers last summer was upheld Tuesday by the 7th Circuit Court of Appeals. The appellate court agreed that the teachers are entitled to a recall procedure and that they should be given a "meaningful opportunity" to show they're qualified for new vacancies. But CPS and the Chicago Teachers Union, which had filed the suit in protest over the termination of teachers protected by union contract, had different interpretations of the ruling.

http://www.chicagotribune.com/news/education/ct-met-fired-teachers-ruling-0330-20110329,0,2399368.story

To read the School Law Blog posting on this case, go to:

http://blogs.edweek.org/edweek/school_law/2011/03/court_laid-off_chicago_teacher.html

The 7th Circuit decision is at:

http://www.ca7.uscourts.gov/tmp/6M0QWLLZ.pdf

Baron: California schools move closer to doomsday[Thoughts on Public Education]
3/30/11: Gov. Jerry Brown called off negotiations Tuesday with Republican lawmakers, aimed at putting the tax extension up for a statewide vote in June, in a move that pretty much crushes any chances of sparing public schools from even deeper cuts for the next school year.

http://toped.svefoundation.org/2011/03/30/california-schools-move-closer-to-doomsday/

Weingarten for the Union Defense

[Wall Street Journal]

3/26/11: Teachers unions are on the defensive these days. The Obama administration is pushing various measures long opposed by the unions: charter school expansion, pay-for-performance, teacher evaluations and more. States and localities are looking to change collective-bargaining rules and scale back costly, bloated education work forces that have grown even when student enrollment was flat or declining. And Hollywood, in recent documentary films like "Waiting for 'Superman,'" "The Lottery" and "The Cartel," has highlighted how teachers unions block or stifle education reforms to the detriment of the low-income minority kids who populate the nation's worst schools. Read this interview with AFT President Randi Weingarten.

http://online.wsj.com/article_email/SB10001424052748704608504576208443882799456-lMyQjAxMTAxMDMwMDEzNDAyWj.html

Read a Contra Costa Times account of a recent Weingarten speech [Contra Costa Times, 3/29/11]:

http://www.contracostatimes.com/education/ci_17722017

'Value-added' teacher evaluations: L.A. Unified tackles a tough formula

[Los Angeles Times]

3/28/11: Los Angeles school district leaders are poised to plunge ahead with their own confidential 'value-added' ratings this spring, saying the approach is far more objective and accurate than any other evaluation tool available, despite its complexity.

http://www.latimes.com/news/local/education/la-me-adv-value-add-20110328,0,4522002.story

High Court to Weigh Bias Exemption for Religious Teachers

[School Law Blog]

3/28/11: The U.S. Supreme Court on Monday agreed to decide whether a private school teacher involved in secular and religious instruction falls under a widely recognized exception to employment-discrimination laws for ministers and other church leaders.

http://blogs.edweek.org/edweek/school_law/2011/03/high_court_to_weigh_bias_exemp.html

The case is Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission and the 6^th Circuit ruling can be found at:

http://www.ca6.uscourts.gov/opinions.pdf/10a0065p-06.pdf

National debate continues over Bible education in public schools

[Inland County Bulletin]

3/26/11: The debate over the Bible-centered curriculum at Chino Valley Unified School District mirrors a national debate that has divided those who believe a secular study of the influential holy book is constitutional and those who think the offering of such curriculum is religiously motivated.

http://www.dailybulletin.com/news/ci_17707065

U.S. education secretary calls for overhaul of No Child Left Behind

[Los Angeles Times]

3/23/11: Arne Duncan, speaking in Los Angeles, urges Congress to rewrite the law to measure how much students improve on standardized tests. He also says L.A. school management and teachers union leaders should negotiate a new contract that bolsters teacher evaluations.

http://www.latimes.com/news/local/la-me-0323-duncan-20110323,0,6591297.story

Report: More than 10 percent of California school districts are in financial trouble

[Contra Costa Times]

3/22/11: Nearly 2 million California students attend school in financially troubled districts, according to a report released Monday by state schools Chief Tom Torlakson.

http://www.contracostatimes.com/news/ci_17666793

Baron: Worser and worser

[Thoughts on Public Education]

3/22/11: In case anyone needed more evidence that California public schools are in decline, this year’s annual report on learning conditions at California high schools is aptly entitled Free Fall: Educational Opportunities in 2011.

http://toped.svefoundation.org/2011/03/22/worser-and-worser/

Read the report at:

http://idea.gseis.ucla.edu/educational-opportunity-report/california-state-report/2011%20EOR_state_webversion.pdf

The Los Angeles Times [3/22/11] reports:

http://latimesblogs.latimes.com/lanow/2011/03/california-students-face-tight-budgets-at-school-and-at-home-ucla-reports.html

Note pinned to kindergartner's shirt prompts review

[California Watch]

3/22/11: The first time John Sinnott Elementary School sent the note home for the kindergartner's parents to sign, it was not returned. The second time, the note – printed on an 8.5-by-11-inch sheet of pink paper – was pinned to the student's shirt.

http://californiawatch.org/dailyreport/note-pinned-kindergartners-shirt-prompts-review-9362

Not Exactly a Cut But Delayed School Payments Have a Cost
[Capitol Notes]
3/18/11: Among the budget-related bills approved by the Legislature March 16 was one that postpones $5.2 billion in state payments to public schools.